[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4589-S4590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2265. Mr. CORNYN (for himself and Ms. Hassan) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title X, add the following:

     SEC. 1014. PILOT PROJECTS ALLOWING ADDITIONAL TECHNOLOGY 
                   PROVIDERS TO PARTICIPATE IN INSPECTING CARS, 
                   TRUCKS, AND CARGO CONTAINERS AT CERTAIN PORTS 
                   OF ENTRY.

       (a) Short Titles.--This section may be cited as the 
     ``Contraband Awareness Technology Catches Harmful Fentanyl 
     Act'' or the ``CATCH Fentanyl Act''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Artificial intelligence; ai.--The terms ``artificial 
     intelligence'' and ``AI'' have the meaning given the term 
     ``artificial intelligence'' in section 238(g) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 10 U.S.C. 4061 note).
       (3) CBP innovation team.--The term ``CBP Innovation Team'' 
     means the U.S. Customs and Border Protection Innovation Team 
     within the Office of the Commissioner.
       (4) Nonintrusive inspection technology; nii technology.--
     The terms ``nonintrusive inspection technology'' and ``NII 
     technology'' means technical equipment and machines, such as 
     X-ray or gamma-ray imaging equipment, that allow cargo 
     inspections without the need to open the means of transport 
     and unload the cargo.
       (5) Pilot projects.--The term ``pilot projects'' means the 
     projects required under section 3(a) for testing and 
     assessing the use of technologies to improve the inspection 
     process at land ports of entry.
       (c) Establishment.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, acting through CBP Innovation Team, and in 
     coordination with the Office of Field Operations and the 
     Department of Homeland Security Science and Technology 
     Directorate, shall begin the implementation of pilot projects 
     for testing and assessing the use of technologies or 
     technology enhancements to improve the process for 
     inspecting, including by increasing efficiencies of such 
     inspections, any conveyance or mode of transportation at land 
     ports of entry along the borders of the United States. The 
     technologies or technology enhancements tested and assessed 
     under the pilot projects shall be for the purpose of 
     assisting U.S. Customs and Border Protection personnel to 
     detect contraband, illegal drugs, illegal weapons, human 
     smuggling, and threats on inbound and outbound traffic, in 
     conjunction with the use of imaging equipment, radiation 
     portal monitors, and chemical detectors.
       (2) Requirements.--
       (A) In general.--In implementing the pilot projects at 
     ports of entry, the CBP Innovation Team, in coordination with 
     the Department of Homeland Security Science and Technology 
     Directorate, shall test and collect data regarding not fewer 
     than 5 types of nonintrusive inspection technology 
     enhancements that can be deployed at land ports of entry. The 
     CBP Innovation Team shall test technology enhancements from 
     not fewer than 1 of the following categories:
       (i) Artificial intelligence.
       (ii) Machine learning.
       (iii) High-performance computing.
       (iv) Quantum information sciences, including quantum 
     sensing.
       (v) Other emerging technologies.
       (B) Identification of effective enhancements.--The pilot 
     projects shall identify the most effective types of 
     technology enhancements to improve the capabilities of 
     nonintrusive inspection systems and other inspection systems 
     used at land ports of entry based on--
       (i) the technology enhancement's ability to assist U.S. 
     Customs and Border Protection accurately detect contraband, 
     illegal drugs, illegal weapons, human smuggling, or threats 
     in inbound and outbound traffic;
       (ii) the technology enhancement's ability to increase 
     efficiencies of inspections to assist U.S. Customs and Border 
     Protection address long wait times;
       (iii) the technology enhancement's ability to improve 
     capabilities of aging detection equipment and infrastructure 
     at land ports of entry;
       (iv) the technology enhancement's safety relative to As Low 
     As Reasonably Achievable (ALARA) standard practices;
       (v) the ability to integrate the new technology into the 
     existing workflow and infrastructure;
       (vi) the technology enhancement's ability to incorporate 
     automatic threat recognition technology using standard 
     formats and open architecture;
       (vii) the mobility of technology enhancements; and
       (viii) other performance measures identified by the CBP 
     Innovation Team.
       (C) Private sector involvement.--The CBP Innovation Team 
     may solicit input from representatives of the private sector 
     regarding commercially viable technologies.
       (D) Cost effectiveness requirement.--In identifying the 
     most effective types of technology enhancements under 
     subparagraph (B), the pilot projects shall prioritize 
     solutions that demonstrate the highest cost-effectiveness in 
     achievement the objectives described in clauses (i) through 
     (ix) of subparagraph (B). Cost effectiveness shall account 
     for improved detection capabilities, increased inspection 
     efficiencies, reduced wait times, and total cost of 
     implementation (including infrastructure upgrades and 
     maintenance expenses).
       (3) Nonintrusive inspection systems program.--The CBP 
     Innovation Team shall work with existing nonintrusive 
     inspection systems programs within U.S. Customs and Border 
     Protection when planning and developing the pilot projects 
     required under paragraph (1).
       (4) Data privacy protection.--In implementing the pilot 
     projects and utilizing new technologies, the Secretary of 
     Homeland Security shall safeguard the privacy and security of 
     personal data collected during inspections through 
     appropriate measures, including by--
       (A) adhering to relevant privacy laws and regulations;
       (B) implementing data anonymization techniques, if 
     applicable; and
       (C) conducting regular audits to assess compliance with 
     data privacy standards.
       (5) Science and technology directorate.--The CBP Innovation 
     Team shall work with the Department of Homeland Security 
     Science and Technology Directorate to align existing 
     nonintrusive inspection research and development efforts 
     within the Science and Technology Directorate when planning 
     and developing pilot projects required under paragraph (1).
       (d) Termination.--The pilot projects shall terminate on the 
     date that is 5 years after the date of the enactment of this 
     Act.
       (e) Reports Required.--Not later than 3 years after the 
     date of the enactment of this Act, and 180 days after the 
     termination of the pilot projects pursuant to subsection (d), 
     the Secretary of Homeland Security shall submit a report to 
     the appropriate congressional committees that contains--

[[Page S4590]]

       (1) an analysis of the effectiveness of technology 
     enhancements tested based on the requirements described in 
     subsection (c)(2);
       (2) any recommendations from the testing and analysis 
     concerning the ability to utilize such technologies at all 
     land ports of entry;
       (3) a plan to utilize new technologies that meet the 
     performance goals of the pilot projects across all U.S. 
     Customs and Border Protection land ports of entry at the 
     border, including total costs and a breakdown of the costs of 
     such plan, including any infrastructure improvements that may 
     be required to accommodate recommended technology 
     enhancements;
       (4) a comprehensive list of existing technologies owned and 
     utilized by U.S. Customs and Border protection for cargo and 
     vehicle inspection, including--
       (A) details on the implementation status of such 
     technologies, such as whether the technologies have been 
     fully installed and utilized, or whether there are challenges 
     with the installation and utilization of the technology;
       (B) an evaluation of the compatibility, interoperability, 
     and scalability of existing cargo and vehicle inspection 
     technologies within U.S. Customs and Border Protection's 
     physical and information technology infrastructure; and
       (C) identification of any obstacles to the effective 
     deployment and integration of such technologies; and
       (5) the analysis described in subsection (f).
       (f) Areas of Analysis.--The report required under 
     subsection (e) shall include an analysis containing--
       (1) quantitative measurements of performance based on the 
     requirements described in subsection (c)(2) of each 
     technology tested compared with the status quo to reveal a 
     broad picture of the performance of technologies and 
     technology enhancements, such as--
       (A) the probability of detection, false alarm rate, and 
     throughput; and
       (B) an analysis determining whether such observed 
     performance represents a significant increase, decrease, or 
     no change compared with current systems;
       (2) an assessment of the relative merits of each such 
     technology;
       (3) any descriptive trends and patterns observed; and
       (4) performance measures for--
       (A) the technology enhancement's ability to assist with the 
     detection of contraband on inbound and outbound traffic 
     through automated (primary) inspection by measuring and 
     reporting the probability of detection and false alarm rate 
     for each NII system under operational conditions;
       (B) the throughput of cargo through each NII system with a 
     technology enhancement, including a breakdown of the time 
     needed for U.S. Customs and Border Protection--
       (i) to complete the image review process and clear low-risk 
     shipments; and
       (ii) to complete additional inspections of high-risk items;
       (C) changes in U.S. Customs and Border Protection officer 
     time commitments and personnel needs to sustain high volume 
     NII scanning operations when technology enhancements are 
     utilized; and
       (D) operational costs, including--
       (i) estimated implementation costs for each NII system with 
     technology enhancements; and
       (ii) estimated cost savings due to improved efficiency due 
     to technology enhancements, if applicable.
       (g) Privacy and Civil Liberties Reports.--The Secretary of 
     Homeland Security, in consultation with the CBP Innovation 
     Team and other appropriate offices, shall--
       (1) prior to the implementation of these technologies, 
     provide--
       (A) a report or reports to the appropriate congressional 
     committees on the potential privacy, civil liberties, and 
     civil rights impacts of technologies being tested under the 
     pilot projects pursuant to this section, including an 
     analysis of the impacts of the technology enhancements on 
     individuals crossing the United States border; and
       (B) recommendations for mitigation measures to address 
     identified impacts; and
       (2) not later than 180 days after the termination of the 
     pilot projects pursuant to subsection (d), provide--
       (A) findings on the impacts to privacy, civil rights, and 
     civil liberties resulting from the pilot projects;
       (B) recommendations for mitigating these impacts in 
     implementation of approved technologies; and
       (C) any additional recommendations based on the lessons 
     learned from the pilot projects.
       (h) Prohibition on New Appropriations.--No additional funds 
     are authorized to be appropriated to carry out this section.
                                 ______