Securing America's Ports Act
This bill requires the Department of Homeland Security (DHS) to report to Congress a plan to perform high-throughput scanning of all commercial and passenger vehicles and freight rail traffic entering the United States at a land port of entry or rail-border crossing using large-scale non-intrusive inspection systems, such as X-ray and gamma-ray imaging systems, or similar technology. The plan shall include elements such as (1) an inventory of such systems currently in use, (2) the estimated costs of achieving a 100% scanning rate, and (3) the anticipated impact that increasing the scanning rate will have on wait times at land ports of entry and rail-border crossings. DHS shall periodically report to Congress on the progress in implementing the plan.
[116th Congress Public Law 299]
[From the U.S. Government Publishing Office]
[[Page 4905]]
SECURING AMERICA'S PORTS ACT
[[Page 134 STAT. 4906]]
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. <<NOTE: Jan. 5, 2021 - [H.R. 5273]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Securing
America's Ports Act. 6 USC 211 note.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Inventory.>> 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 134 STAT. 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) <<NOTE: Cost estimates. Acquisition plan.>> 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) <<NOTE: Time period.>> 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 134 STAT. 4908]]
(1) <<NOTE: Inventory.>> 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.
<all>
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute and an amendment to the title. With written report No. 116-267.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute and an amendment to the title. With written report No. 116-267.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 530.
Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.(consideration: CR S7243-7244; text: CR S7244)
Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. (consideration: CR S7243-7244; text: CR S7244)
Message on Senate action sent to the House.
Ms. Torres Small (NM) asked unanimous consent to take the bill, H.R. 5273, from the Speaker's Table and agree to the Senate amendments. (consideration: CR H7128-7129)
Enacted as Public Law 116-299
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Ms. Torres Small (NM) asked unanimous consent that the House agree to the Senate amendments.
Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to without objection.(text: CR H7128-7129)
On motion that the House agree to the Senate amendments Agreed to without objection. (text: CR H7128-7129)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-299.
Became Public Law No: 116-299.