--- kind: "diff" citation: "H.R. 5273" bill: "116-hr-5273" heading: "Securing America’s Ports Act" from: "ih" from_label: "Introduced in House" to: "rh" to_label: "Reported in House" sections_amended: 1 sections_added: 0 sections_removed: 0 url: "https://uscodex.org/bills/116/hr/5273/changes/rh" --- # H.R. 5273 — what changed H.R. 5273, Securing America’s Ports Act — 1 section amended between Introduced in House and Reported in House. Edits are marked `struck` and `inserted`. ## Sec. 2 Large-scale non-intrusive inspection scanning plan - (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan to increase to 100 percent the rates of expeditious scanning of commercial and passenger vehicles entering the United States at land ports of entry along the border using large-scale non-intrusive inspection systems or similar technology to enhance border security. - (b) Baseline information— At a minimum, the plan required under subsection (a) shall include 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 in fiscal year 2019: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 ports port of entry. - (2) For each system or technology identified in the inventory required under paragraph (1), the following information: - (A) The scanning technology method of such system.system or technology. - (B) The location of such system or technology at the each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination thereof. - (C) The percentage of commercial and passenger vehicles scanned by such system.system or technology. - (D) Seizure data related directly attributed to scanned commercial and passenger vehicles. - (3) The total number of commercial and passenger vehicles entering at the land port of entry where each system is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable. - (c) Elements— The plan required under subsection (a) shall include the following information: - (1) Benchmarks for achieving incremental progress towards 100 percent expeditious scanning of commercial and passenger vehicles entering the United States at land ports of entry 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 expeditious percent scanning rate within the timeframes specified in paragraph (1), including total acquisition, operations, and maintenance costs for large-scale non-intrusive inspection systems, systems or similar technology, as well as associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry.entry. To the extent practicable, such acquisition plan shall promote opportunities for entities that qualify as small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632). - (3) Any anticipated projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles entering at land ports of entry 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 anticipated projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry 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. - (d) Research and development— In furtherance of the plan required under subsection (a), the Secretary of Homeland Security Security, acting through the Under Secretary for Science and Technology, shall carry out a one-year pilot program to conduct research and develop technology enhancements development, in coordination with the Commissioner of U.S. Customs and refinements Border Protection, to enhance large-scale non-intrusive inspections systems or similar technology and refine the operational use or configuration of such systems or technology in pre-primary, primary, and secondary inspection areas of land ports of entry. Such pilot program research and development shall include consideration of large-scale emerging large-scale non-intrusive inspection systems or similar technology and modeling the use of such systems or technology that takes into account the variations in infrastructure, configurations, and sizes of land ports of entry. - (e) Annual report— Not later than one year after the submission of the plan required under subsection (a) and annually thereafter until such time as U.S. Customs and Border Protection has achieved 100 percent expeditious scanning of commercial and passenger vehicles entering the United States at land ports of entry along the border using large-scale non-intrusive inspection systems or similar technology in accordance with such plan, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on progress implementing the plan. Each such report at a minimum shall include the following information: - (1) An inventory of large-scale non-intrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land ports port of entry. - (2) For each system or technology identified in the inventory required under paragraph (1), the following information: - (A) The scanning technology method of such system.system or technology. - (B) The location of such system or technology at the each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination thereof. - (C) The percentage of commercial and passenger vehicles scanned by the system.such system or technology. - (D) Seizure data related directly attributed to scanned commercial and passenger vehicles. - (3) The total number of commercial and passenger vehicles entering at the each land port of entry where 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) Progress with respect to the benchmarks specified in subsection (c)(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 (c)(2). - (6) Any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry 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, including findings resulting from the pilot program under research and development conducted pursuant to subsection (d), or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures. - (8) Any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges. - (f) 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 and gamma-ray imaging systems, capable of scanning producing an entire image of the contents of a commercial or passenger vehicle in one pass to provide an image of the presence of any contraband.such vehicle. - (2) Scanning— The term “scanning” means a non-physical inspection utilizing technology to produce an image of the contents of a commercial or passenger vehicle by a U.S. Customs and Border Protection officer without engaging in which images are generated of the contents of the vehicle through a technology, including x-ray and gamma-ray imaging systems, for analysis by U.S. Customs and Border Protection.physical inspection of such vehicle.