[Senate Report 118-105]
[From the U.S. Government Publishing Office]


                                                          Calendar No. 221
                                                          

118th Congress   }                                         {   Report
                                 SENATE  
 1st Session     }                                         {  118-105
                                                                
_______________________________________________________________________

                                     

                                                       


                        NON-INTRUSIVE INSPECTION

                             EXPANSION ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1822

             TO REQUIRE U.S. CUSTOMS AND BORDER PROTECTION
TO EXPAND THE USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND PORTS OF 
                                 ENTRY




                October 3, 2023.--Ordered to be printed
                
                
                            ______
                  
             U.S. GOVERNMENT PUBLISHING OFFICE 
 49-010           WASHINGTON : 2023
              
                
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
ALEX PADILLA, California             RICK SCOTT, Florida
JON OSSOFF, Georgia                  JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut      ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
         Christopher J. Mulkins, Director of Homeland Security
               Katie A. Conley, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
          Kendal B. Tigner, Minority Professional Staff Member
               Megan M. Krynen, Professional Staff Member
                     Laura W. Kilbride, Chief Clerk



                                                       Calendar No. 221
                                                       
118th Congress                                                   Report
                                 SENATE
 1st Session                                                    118-105

======================================================================



 
                 NON-INTRUSIVE INSPECTION EXPANSION ACT

                                _______
                                

                October 3, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1822]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1822), to require 
U.S. Customs and Border Protection to expand the use of non-
intrusive inspection systems at land ports of entry, having 
considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis of the Bill, as Reported.............4
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. Purpose and Summary

    S. 1822, the Non-Intrusive Inspection Expansion Act, 
requires the increased utilization of non-intrusive inspection 
(NII) systems at land ports of entry into the United States. It 
directs the Department of Homeland Security's (DHS) U.S. 
Customs and Border Protection (CBP) to utilize NII systems 
acquired from previous Congressional appropriations to scan not 
fewer than 40% of passenger vehicles and 90% of commercial 
vehicles, cumulatively, at ports of entry where systems are 
deployed, by the end of fiscal year 2026. The bill further 
requires CBP to increase the scanning rate in subsequent fiscal 
years according to CBP's projected benchmarks. The bill also 
directs CBP to brief Congressional committees after the first 
half of fiscal year 2026 on progress towards meeting the 
required benchmarks. If the required scanning levels are not 
met, the bill requires CBP to submit a report to Congressional 
committees that analyzes the causes of not meeting the 
requirements, identifies resource gaps and challenges, and 
details steps that will be taken to reach compliance for the 
subsequent fiscal year.
    Additionally, the bill requires the Commissioner of CBP to 
provide a strategy to Congress for increasing outbound 
inspection operations at land ports of entry. The strategy will 
detail the number of existing and planned outbound inspection 
lanes, the infrastructure limitations preventing implementation 
of outbound vehicle scanning, the quantity of NII systems 
needed to enhance scanning capacity, and plans for funding and 
acquiring these systems. The bill requires that CBP use NII 
systems to scan 10% of all outbound vehicles exiting the U.S. 
at land ports of entry by the end of fiscal year 2026. The bill 
also requires the Government Accountability Office (GAO) to 
conduct a review of CBP's use of NII systems for border 
security, including how CBP assesses the effectiveness of its 
systems, and to submit this report to Congressional 
committees.\1\
---------------------------------------------------------------------------
    \1\On August 3, 2022, the Committee approved S. 4572, the Non-
Intrusive Inspection Expansion Act. That bill is substantially similar 
to S. 1822. Accordingly, this committee report is, in many respects, 
similar to the committee report for S. 4572. See S. Rept. 117-220.
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    CBP uses NII systems to scan vehicles and cargo entering 
the U.S. at land ports of entry to detect the presence of 
contraband or unclaimed goods without physically opening or 
unloading them, increasing CBP's ability to efficiently and 
effectively facilitate trade and travel.\2\ In fiscal year 
2022, using large-scale NII systems, CBP scanned over 7.6 
million conveyances, which led to the interdiction of more than 
100,000 pounds of narcotics. In addition to enhancing CBP's 
ability to interdict illicit goods, NII system utilization 
results in operational efficiencies and saves both CBP and 
industry money. According to CBP, examinations conducted using 
NII systems can be done in 8 minutes, compared to 120 minutes 
for physical examinations. Additionally, using NII systems and 
other technology has contributed to $1 billion in savings in 
annual operational costs and has saved industry $5.8 billion to 
$17.5 billion in costs from delays.\3\
---------------------------------------------------------------------------
    \2\Department of Homeland Security, U.S. Customs and Border 
Protection, CBP Trade and Travel Report Fiscal Year 2021 (Apr. 2022) 
(www.cbp.gov/sites/default/files/assets/documents/2022-Apr/
FINAL%20FY2021_%20Trade%20and%20Travel%20Report%20%28508%20Compliant
%29%20%28April%202022%29_0.pdf).
    \3\Department of Homeland Security, U.S. Customs and Border 
Protection, CBP Trade and Travel Report Fiscal Year 2022 (June 2023) 
(www.cbp.gov/sites/default/files/assets/documents/2023-Jun/fy-2022-cbp-
trade-and-travel-report.pdf).
---------------------------------------------------------------------------
    The trafficking of firearms, narcotics, currency, and other 
contraband from the United States to Mexico and Canada 
facilitates the illegal drug trade, human trafficking, and 
other crimes. The same transnational criminal organizations 
(TCO) that traffic drugs into the U.S. also smuggle drug sale 
proceeds and weapons out of the country.\4\ Outbound 
interdiction is a component of the National Drug Control 
Strategy's Southwest Border and Northern Border 
Counternarcotics Strategies, including interdiction of bulk 
currency, weapons, and illicit drugs.\5\ The U.S. has 
identified the smuggling and trafficking of U.S. weapons to 
Mexico as a threat to the security of both countries.\6\ While 
not all necessarily attributable to NII systems, in fiscal year 
2022, CBP made 227 weapons and ammunition seizures in the 
outbound land environment along the southern border and 184 
such seizures along the northern border.\7\ Increasing the 
number of vehicles receiving outbound inspections will result 
in the seizure of more narcotics, currency, illegal weapons, 
and illicit contraband. Like inbound inspections, increased 
utilization of NII systems for outbound inspections will enable 
CBP to more efficiently and effectively conduct inspections and 
identify contraband and reduce the impact on trade and travel 
moving out of the country.
---------------------------------------------------------------------------
    \4\Government Accountability Office, Firearms Trafficking: U.S. 
Efforts to Disrupt Gun Smuggling into Mexico Would Benefit from 
Additional Data and Analysis (GAO-21-322) (Feb. 2021).
    \5\The White House, Executive Office of the President, Office of 
National Drug Control Policy, National Drug Control Strategy Southwest 
Border Counternarcotics Strategy (Apr. 2022) (www.whitehouse.gov/wp-
content/uploads/2022/04/National-Southwest-Border-Counter-Narcotics-
2022Strategy.pdf); The White House, Executive Office of the President, 
Office of National Drug Control Policy, National Drug Control Strategy 
Northern Border Counternarcotics Strategy (Apr. 2022) 
(www.whitehouse.gov/wp-content/uploads/2022/04/National-Northern-
Border-Counter-Narcotics-2022Strategy.pdf).
    \6\National Drug Control Strategy Southwest Border Counternarcotics 
Strategy, supra note 5.
    \7\U.S. Customs and Border Protection, Newsroom, Stats and 
Summaries, Weapons and Ammunitions Seizures (www.cbp.gov/newsroom/
stats/weapons-and-ammunition-seizures) (accessed July 10, 2023).
---------------------------------------------------------------------------
    In support of CBP's utilization of NII systems, Congress 
appropriated over $500 million for NII systems at land ports of 
entry in fiscal year 2019.\8\ According to CBP's fiscal year 
2024 budget request, CBP will continue to deploy NII systems 
acquired with funds from fiscal year 2019 and subsequent 
appropriations through fiscal year 2024.\9\ Prior to the full 
deployment of these systems, CBP reported a 1% scanning rate of 
passenger vehicles and a 15% scanning rate of commercial 
vehicles.\10\ When NII systems are fully deployed and 
operational, CBP has publicly reported it projects to achieve 
40% scanning for passenger vehicles and 90% scanning of 
commercial vehicles.\11\
---------------------------------------------------------------------------
    \8\Pub. L. No. 116-6 (2019).
    \9\Department of Homeland Security, U.S. Customs and Border 
Protection, Budget Overview Fiscal Year 2024 Congressional 
Justification (Mar. 2023) (www.dhs.gov/sites/default/files/2023-03/
U.S.%20CUSTOMS%20AND%20BORDER%20PROTECTION_Remediated.pdf).
    \10\Department of Homeland Security, U.S. Customs and Border 
Protection, CBP Trade and Travel Report Fiscal Year 2021 (Apr. 2022) 
(www.cbp.gov/sites/default/files/assets/documents/2022-Apr/
FINAL%20FY2021_%20Trade%20and%20Travel%20Report%20%28508%20Compliant
%29%20%28April%202022%29_0.pdf).
    \11\Id.
---------------------------------------------------------------------------
    The Securing America's Ports Act enacted in 2021 required 
DHS to submit to Congress a plan for achieving 100% scanning 
rates at land ports of entry.\12\ Similarly, the SAFE Ports Act 
of 2006 required 100% of containers entering the United States 
at sea ports of entry be screened and 100% of high-risk 
containers be scanned or searched before leaving the sea 
port.\13\ While the Securing America's Ports Act encourages DHS 
to increase scanning rates, the Act did not contain 
requirements that DHS achieve a certain percentage of vehicle 
and cargo scanning at land ports of entry.\14\
---------------------------------------------------------------------------
    \12\Pub. L. No. 116-267 (2021).
    \13\Pub. L. No. 109-347 (2006).
    \14\Senate Committee on Homeland Security and Governmental Affairs, 
Securing America's Ports Act (Sept. 9, 2020) (S. Rept. 116-267).
---------------------------------------------------------------------------
    S. 1822 addresses this gap by establishing a benchmark to 
ensure accountability for the timely deployment and full 
utilization of NII systems funded in fiscal year 2019 and 
subsequent fiscal years. In addition to establishing initial 
benchmarks to achieve by the end of fiscal year 2026, the bill 
requires CBP to continue to work to achieve incremental 
benchmarks beyond 2026, such as those identified in the plan 
developed in accordance with the Securing America's Ports 
Act.\15\ After the first half of fiscal year 2026, CBP must 
brief Congressional committees on its progress toward meeting 
the required benchmarks and submit a report. The bill also 
requires that CBP report to Congressional committees a strategy 
for increasing inspections of outbound vehicles using NII 
systems at land ports of entry, and to scan at least 10% of all 
outbound vehicles by September 30, 2026. Finally, to ensure 
further accountability for NII systems utilization, the bill 
requires GAO to conduct a review of CBP's use of the NII 
systems, including how CBP assesses their effectiveness.
---------------------------------------------------------------------------
    \15\Pub. L. No. 116-267 (2021).
---------------------------------------------------------------------------

                        III. Legislative History

    Senator Gary Peters (D-MI) introduced S. 1822, the Non-
Intrusive Inspection Expansion Act, on June 6, 2023, with 
original cosponsor Senator John Cornyn (R-TX). The bill was 
referred to the Committee on Homeland Security and Governmental 
Affairs. Senator Margaret Wood Hassan (D-NH) joined as a 
cosponsor on June 15, 2023.
    The Committee considered S. 1822 at a business meeting on 
June 14, 2023. At the business meeting, Senator Peters offered 
a substitute amendment to the bill, as well as a modification 
to the substitute amendment. The substitute amendment changed 
the deadline for CBP to report to Congress a feasibility study 
of outbound vehicle inspections to 180 days following enactment 
of this bill. The modification to the substitute amendment 
changed the feasibility study to a strategy for increasing 
outbound inspection operations at land ports of entry. This 
strategy must detail the number of NII systems needed to 
increase scanning capacity and plans for funding and acquiring 
these systems. The Committee adopted the modification to the 
Peters substitute amendment, and the Peters substitute as 
modified, by voice vote, with Senators Peters, Carper, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Blumenthal, Paul, Lankford, 
Romney, Scott, Hawley, and Marshall present. The bill, as 
amended by the Peters amendment as modified, was ordered 
reported favorably by roll call vote of 13 yeas to 1 nay, with 
Senators Peters, Carper, Hassan, Sinema, Rosen, Padilla, 
Ossoff, Blumenthal, Lankford, Romney, Scott, Hawley, and 
Marshall voting in the affirmative, and Senator Paul voting in 
the negative. Senator Johnson voted yea by proxy, for the 
record only.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section designates the name of the bill as the ``Non-
Intrusive Inspection Expansion Act.''

Section 2. Use of Non-Intrusive Inspection systems at land ports of 
        entry

    Subsection (a) requires that, not later than September 30, 
2026, using systems acquired through previous appropriations, 
CBP use NII systems to scan not fewer than 40% of passenger 
vehicles and 90% of commercial vehicles entering at land ports 
of entry, cumulatively, where systems are deployed.
    Subsection (b) requires that beginning in fiscal year 2027, 
CBP use NII systems to reach its next projected benchmarks for 
incremental scanning and increase scanning beyond 40% of 
passenger and 90% of commercial vehicles entering the United 
States at land ports of entry.
    Subsection (c) requires CBP to brief Congressional 
committees not later than May 30, 2026 on progress made during 
the first half of fiscal year 2026 towards achieving the 40% of 
passenger vehicles and 90% of commercial vehicles scanning 
benchmarks.
    Subsection (d) requires CBP to submit a report to 
Congressional committees, not later than 120 days after the end 
of fiscal year 2026, if the requirements described in 
subsection (2)(a) are not met. The report is required to 
analyze the causes for not meeting the requirements, identify 
any resource gaps and challenges, and detail steps that will be 
taken to ensure compliance with requirements in the subsequent 
fiscal year.

Section 3. Non-Intrusive Inspection systems for outbound inspections

    Subsection (a) requires CBP to submit a strategy to 
Congressional committees, no later than 180 days after 
enactment of this bill, for funding, acquiring, and 
implementing NII systems to scan outbound vehicles.
    Subsection (b) requires CBP to scan no less than 10% of all 
vehicles exiting the United States through land ports of entry 
by September 30, 2026.

Section 4. GAO review and report

    Subsection (a) directs GAO to conduct a review of CBP's use 
of NII systems for border security. The review must detail the 
number, types, and location of NII systems deployed by CBP, 
examine how CBP assesses the effectiveness of NII systems, and 
examine how CBP uses the systems in conjunction with other 
border security resources and assets to detect and interdict 
drug smuggling and trafficking at the southwest border of the 
United States.
    Subsection (b) requires GAO to report the review's findings 
to Congressional committees within 2 years of the enactment of 
this bill.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate




    The bill would:
           Require U.S. Customs and Border Protection 
        (CBP) to use nonintrusive inspection (NII) systems to 
        inspect 40 percent of passenger vehicles and 90 percent 
        of commercial vehicles entering the United States by 
        the end of fiscal year 2026
           Require CBP, beginning in fiscal year 2027, 
        to use NII systems to inspect 10 percent of all 
        vehicles exiting the United States
           Impose various reporting requirements on CBP 
        and the Government Accountability Office
    Estimated budgetary effects would mainly stem from:
           Construction, procurement, and maintenance 
        costs associated with additional NII systems
           Additional CBP personnel
    Areas of significant uncertainty include:
           Future volume of vehicles entering and 
        existing the United States
           Configuration of land ports of entry
    Bill summary: S. 1822 would require U.S. Customs and Border 
Protection (CBP) to increase its use of nonintrusive inspection 
(NII) systems at land ports of entry. By the end of fiscal year 
2026, the bill would require CBP to use NII systems to inspect 
40 percent of passenger vehicles and 90 percent of commercial 
vehicles entering the United States. NII systems, such as 
large-scale X-ray and Gamma-ray systems and handheld scanners, 
are used to quickly examine vehicles for weapons, narcotics, 
and other materials that pose nuclear and radiological threats.
    S. 1822 also would require CBP, by the end of fiscal year 
2026, to use NII systems to scan 10 percent of all vehicles 
exiting the United States at land ports of entry. Finally, the 
bill would impose various reporting requirements on CBP and the 
Government Accountability Office regarding the use of NII at 
the U.S. border.
    Estimated Federal cost: In total, CBO estimates that 
enacting S. 1822 would cost $982 million over the 2024-2028 
period, with additional spending occurring after 2028. Such 
spending would be subject to the availability of appropriated 
funds.
    The estimated budgetary effect of S. 1822 is shown in Table 
1. The costs of the legislation fall within budget function 750 
(administration of justice).

                                    TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1822
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          By fiscal year, millions of dollars--
                             ---------------------------------------------------------------------------------------------------------------------------
                                     2023             2024             2025             2026             2027             2028             2023-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Authorization.....            0              210              221              317              446              453               1,647
Estimated Outlays...........            0               11               53              188              347              383                 982
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO assumes that the bill will be 
enacted late in fiscal year 2023 and that the estimated amounts 
will be available each year. CBO assumes that CBP would 
purchase mostly large-scale NII systems, which can scan 
vehicles more quickly than small-scale systems, to comply with 
the bill's requirements.
    Spending subject to appropriation: For scanning both 
inbound and outbound vehicles, CBP indicated that many land 
ports of entry would require capital improvements, such as 
roadwork and new facilities, before large-scale NII systems 
could be installed. Based on the costs and timelines of similar 
projects, CBO estimates that it would take several years to 
complete such improvements and would cost $467 million over the 
2024-2028 period.
    In addition to those improvements, CBP would need to 
purchase and install additional NII systems. Under the bill, 
CBO expects that the agency would install additional NII 
systems at the locations with the largest vehicle volume. 
However, CBP indicated that space and other logistical 
constraints would limit how many systems could be deployed at 
each land port of entry. Using information about annual vehicle 
volume across land ports of entry, CBO expects that CBP would 
need an additional 70 NII systems to comply with the bill's 
requirements.
    Using information from CBP about procurement timelines, CBO 
estimates that the agency could deploy up to 10 systems 
annually, beginning in 2026, and each system would cost an 
average of $7 million, including costs for procurement, 
installation, and system integration. In addition, CBO 
estimates that it would cost $1 million annually to maintain 
each system. In total, CBO estimates that procurement and 
maintenance costs would total $434 million over the 2024-2028 
period.
    In addition, CBO expects that increasing the use of NII 
technology would require additional Border Patrol Officers to 
conduct more secondary physical inspections of vehicles, which 
are more time and labor intensive. Using information from CBP, 
CBO estimates that, starting in 2026, the agency would need 
roughly 230 additional personnel each year to review images 
generated by the NII systems and conduct additional physical 
inspections. In total, CBO estimates that personnel costs would 
total $80 million over the 2024-2028 period.
    Based on the costs of similar activities, CBO estimates 
that the bill's reporting requirements would cost $1 million 
over the 2024-2028 period.
    Uncertainty: CBO's estimate for S. 1822 is subject to 
significant uncertainty. The largest area of uncertainty is the 
future volume of commercial and personal vehicles entering and 
exiting the United States. If the actual volume differs from 
CBO's estimates, the costs could be larger or smaller than 
those estimated. In addition, variation in the configurations 
of land ports of entry could affect the costs of capital 
improvements and the number of NII systems required to 
implement the bill. CBO could not model each land port of entry 
individually or identify which locations would receive 
additional NII systems. The costs could be larger or smaller 
than those estimated depending on where CBP deploys the NII 
systems.
    Pay-As-You-Go considerations: None.
    Increase in long-term net direct spending and deficits: 
None.
    Mandates: None.
    Estimate prepared by: Federal Costs: Jeremy Crimm; 
Mandates: Rachel Austin.
    Estimate reviewed by: Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

       VII. Changes in Existing Law Made by the Bill, as Reported

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.