    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-299
    116th Congress

    An Act

    To require the Secretary of Homeland Security to develop a plan to
    increase to 100 percent the rates of scanning of commercial and
    passenger vehicles and freight rail entering the United States at land
    ports of entry along the border using large-scale, non-intrusive
    inspection systems to enhance border security, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing America's Ports Act''.
    SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.

    (a) Definitions.--In this section:
    (1) Large-scale non-intrusive inspection system.--The term
    ``large-scale, non-intrusive inspection system'' means a
    technology, including x-ray, gamma-ray, and passive imaging
    systems, capable of producing an image of the contents of a
    commercial or passenger vehicle or freight rail car in 1 pass of
    such vehicle or car.
    (2) Scanning.--The term ``scanning'' means utilizing
    nonintrusive imaging equipment, radiation detection equipment,
    or both, to capture data, including images of a commercial or
    passenger vehicle or freight rail car.

    (b) <>  In General.--Not later than 180 days after
    the date of the enactment of this Act, the Secretary of Homeland
    Security shall submit a plan to the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Homeland
    Security of the House of Representatives for increasing to 100 percent
    the rate of high-throughput scanning of commercial and passenger
    vehicles and freight rail traffic entering the United States at land
    ports of entry and rail-border crossings along the border using large-
    scale non-intrusive inspection systems or similar technology to enhance
    border security.

    (c) Baseline Information.--The plan under subsection (b) shall
    include, at a minimum, the following information regarding large-scale
    non-intrusive inspection systems or similar technology operated by U.S.
    Customs and Border Protection at land ports of entry and rail-border
    crossings as of the date of the enactment of this Act:
    (1) <>  An inventory of large-scale non-
    intrusive inspection systems or similar technology in use at
    each land port of entry.
    (2) For each system or technology identified in the
    inventory under paragraph (1)--
    (A) the scanning method of such system or
    technology;

    [[Page 4907]]

    (B) the location of such system or technology at
    each land port of entry that specifies whether in use in
    pre-primary, primary, or secondary inspection area, or
    some combination of such areas;
    (C) the percentage of commercial and passenger
    vehicles and freight rail traffic scanned by such system
    or technology;
    (D) seizure data directly attributed to scanned
    commercial and passenger vehicles and freight rail
    traffic; and
    (E) the number of personnel required to operate each
    system or technology.
    (3) Information regarding the continued use of other
    technology and tactics used for scanning, such as canines and
    human intelligence in conjunction with large scale, nonintrusive
    inspection systems.

    (d) Elements.--The plan under subsection (b) shall include the
    following information:
    (1) Benchmarks for achieving incremental progress towards
    100 percent high-throughput scanning within the next 6 years of
    commercial and passenger vehicles and freight rail traffic
    entering the United States at land ports of entry and rail-
    border crossings along the border with corresponding projected
    incremental improvements in scanning rates by fiscal year and
    rationales for the specified timeframes for each land port of
    entry.
    (2) <>  Estimated
    costs, together with an acquisition plan, for achieving the 100
    percent high-throughput scanning rate within the timeframes
    specified in paragraph (1), including acquisition, operations,
    and maintenance costs for large-scale, nonintrusive inspection
    systems or similar technology, and associated costs for any
    necessary infrastructure enhancements or configuration changes
    at each port of entry. Such acquisition plan shall promote, to
    the extent practicable, opportunities for entities that qualify
    as small business concerns (as defined under section 3(a) of the
    Small Business Act (15 U.S.C. 632(a)).
    (3) Any projected impacts, as identified by the Commissioner
    of U.S. Customs and Border Protection, on the total number of
    commercial and passenger vehicles and freight rail traffic
    entering at land ports of entry and rail-border crossings where
    such systems are in use, and average wait times at peak and non-
    peak travel times, by lane type if applicable, as scanning rates
    are increased.
    (4) Any projected impacts, as identified by the Commissioner
    of U.S. Customs and Border Protection, on land ports of entry
    and rail-border crossings border security operations as a result
    of implementation actions, including any changes to the number
    of U.S. Customs and Border Protection officers or their duties
    and assignments.

    (e) <>  Annual Report.--Not later than 1 year
    after the submission of the plan under subsection (b), and biennially
    thereafter for the following 6 years, the Secretary of Homeland Security
    shall submit a report to the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Homeland
    Security of the House of Representatives that describes the progress
    implementing the plan and includes--

    [[Page 4908]]

    (1) <>  an inventory of large-scale,
    nonintrusive inspection systems or similar technology operated
    by U.S. Customs and Border Protection at each land port of
    entry;
    (2) for each system or technology identified in the
    inventory required under paragraph (1)--
    (A) the scanning method of such system or
    technology;
    (B) the location of such system or technology at
    each land port of entry that specifies whether in use in
    pre-primary, primary, or secondary inspection area, or
    some combination of such areas;
    (C) the percentage of commercial and passenger
    vehicles and freight rail traffic scanned by such system
    or technology; and
    (D) seizure data directly attributed to scanned
    commercial and passenger vehicles and freight rail
    traffic;
    (3) the total number of commercial and passenger vehicles
    and freight rail traffic entering at each land port of entry at
    which each system or technology is in use, and information on
    average wait times at peak and non-peak travel times, by lane
    type if applicable;
    (4) a description of the progress towards reaching the
    benchmarks referred to in subsection (d)(1), and an explanation
    if any of such benchmarks are not achieved as planned;
    (5) a comparison of actual costs (including information on
    any awards of associated contracts) to estimated costs set forth
    in subsection (d)(2);
    (6) any realized impacts, as identified by the Commissioner
    of U.S. Customs and Border Protection, on land ports of entry
    and rail-border crossings operations as a result of
    implementation actions, including any changes to the number of
    U.S. Customs and Border Protection officers or their duties and
    assignments;
    (7) any proposed changes to the plan and an explanation for
    such changes, including changes made in response to any
    Department of Homeland Security research and development
    findings or changes in terrorist or transnational criminal
    organizations tactics, techniques, or procedures; and
    (8) any challenges to implementing the plan or meeting the
    benchmarks, and plans to mitigate any such challenges.

    Approved January 5, 2021.

    LEGISLATIVE HISTORY--H.R. 5273:
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    HOUSE REPORTS: No. 116-394 (Comm. on Homeland Security).
    SENATE REPORTS: No. 116-267 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Feb. 10, considered and passed House.
    Dec. 7, considered and passed Senate, amended.
    Dec. 10, House concurred in Senate amendments.