February 10, 2020 - Issue: Vol. 166, No. 27 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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SECURING AMERICA'S PORTS ACT; Congressional Record Vol. 166, No. 27
(House of Representatives - February 10, 2020)
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[Pages H986-H988] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] SECURING AMERICA'S PORTS ACT Ms. TORRES SMALL of New Mexico. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5273) to require the Secretary of Homeland Security to develop a plan to increase to 100 [[Page H987]] percent the rates of 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 to enhance border security, and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 5273 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) 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 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 required under paragraph (1), the following information: (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 thereof. (C) The percentage of commercial and passenger vehicles scanned by such system or technology. (D) Seizure data directly attributed to scanned commercial and passenger vehicles. (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 acquisition, operations, and maintenance costs for large- scale non-intrusive inspection systems or similar technology, as well as associated costs for any necessary infrastructure enhancements or configuration changes at each port of 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 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 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, acting through the Under Secretary for Science and Technology, shall conduct research and development, in coordination with the Commissioner of U.S. Customs and 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 research and development shall include consideration of 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 port of entry. (2) For each system or technology identified in the inventory required under paragraph (1), the following information: (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 thereof. (C) The percentage of commercial and passenger vehicles scanned by such system or technology. (D) Seizure data directly attributed to scanned commercial and passenger vehicles. (3) The total number of commercial and passenger vehicles entering at 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 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 producing an image of the contents of a commercial or passenger vehicle in one pass of such vehicle. (2) Scanning.--The term ``scanning'' means utilizing technology to produce an image of the contents of a commercial or passenger vehicle without engaging in a physical inspection of such vehicle. The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from New Mexico (Ms. Torres Small) and the gentleman from Texas (Mr. Crenshaw) each will control 20 minutes. The Chair recognizes the gentlewoman from New Mexico. General Leave Ms. TORRES SMALL of New Mexico. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on this measure. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from New Mexico? There was no objection. Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 5273 aims to improve border security by increasing the inspection rate of vehicles entering the United States with nonintrusive inspection systems or similar technology. {time} 1600 For years, Customs and Border Protection has used NII systems to ``see'' inside vehicles for potential contraband, such as drugs, without physically opening or unloading them. This is critical since the majority of highly addictive and lethal drugs being smuggled into our country are being smuggled through our ports of entry, not between them. According to the 2019 National Drug Threat Assessment released by the Drug Enforcement Administration, passenger vehicles and commercial trucks continue to be the primary method used by Mexican transnational criminal organizations to traffic drugs such as cocaine, heroin, and fentanyl into the United States. However, CBP currently only scans about 15 percent of commercial trucks and just 1 percent of passenger vehicles with NII systems. In fiscal year 2019, Congress provided $570 million to CBP to install additional systems on the southwest border. CBP has indicated that these additional systems will primarily be installed at large ports of entry. [[Page H988]] CBP expects these additional systems to increase NII scanning rates of commercial trucks to 72 percent and passenger vehicles to 40 percent by fiscal year 2024. While this will undoubtedly improve security, it will also increase the risk that transnational criminal organizations will shift their smuggling efforts to smaller ports of entry that lack NII equipment, such as those in my district. This is a concern that I raised with CBP and port officials during a field hearing I held with my colleague, Congressman Crenshaw, in my district in Santa Teresa, New Mexico, last December. My legislation aims to ensure that all land ports of entry are appropriately equipped to combat smuggling. Specifically, H.R. 5273 requires the Secretary of Homeland Security to develop a plan to expeditiously scan 100 percent of vehicles with NII systems or other similar technology at each port of entry. It will also require the Secretary to report annually on the Department's progress implementing the plan until 100 percent of commercial and passenger vehicles are scanned. Mr. Speaker, I am proud of the bipartisan work that went into developing this legislation. Specifically, I want to thank my colleague, Mr. Crenshaw, for his support on the bill. H.R. 5273, if enacted, will help keep our communities more secure by ensuring that CBP has the tools in place to do a more effective job at interdicting dangerous narcotics and dangerous materials. Mr. Speaker, I urge my House colleagues to support this legislation, and I reserve the balance of my time. Mr. CRENSHAW. Mr. Speaker, I yield myself such time as I may consume. I rise today in support of H.R. 5273, the Securing America's Ports Act. I am proud to be an original cosponsor of this legislation, and I thank my colleague from New Mexico for her work on this legislation. Our ports of entry continue to be a preferred avenue for transnational criminal organizations and drug smugglers to transport narcotics and contraband into the United States. In fact, U.S. Customs and Border Protection seized more than 455,000 pounds of narcotics at our ports in fiscal year 2019 alone. The amount of fentanyl seized in 2019 was enough for more than 577 million lethal doses. That is more than the entire population of the United States. H.R. 5273 forces the Department to act on securing the ports of entry by requiring the Secretary to develop a plan to scan all commercial and passenger vehicles entering the United States through land ports using nonintrusive inspection systems or similar systems within 180 days. This bill encourages continued research and development, including consideration of emerging technology, to meet the inspection system plan requirements. H.R. 5273 also requires the Secretary to establish benchmarks to evaluate progress toward 100 percent scanning, estimated costs, anticipated impacts on commerce, and anticipated impacts on border security operations, including staffing considerations. Last year, Congress made a significant investment in funding nonintrusive inspection equipment for implementation across the land borders over a 5-year period, and this bill would ensure an appropriate plan is in place so that rollout runs smoothly, and taxpayer dollars are well spent. Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time. Ms. TORRES SMALL of New Mexico. Mr. Speaker, I have no more speakers and am prepared to close after the gentleman from Texas closes. Mr. Speaker, I reserve the balance of my time. Mr. CRENSHAW. Mr. Speaker, I urge adoption of the bill, and I yield back the balance of my time. Ms. TORRES SMALL of New Mexico. Mr. Speaker, again, it is vital that all vehicles entering the United States are scanned with NII systems or similar technology to combat the smuggling of drugs and other contraband into the country. My legislation would help do just that by requiring the Secretary of Homeland Security to develop a plan to achieve 100 percent scanning rate of vehicles at each port of entry and reporting on progress annually until that goal is achieved. Mr. Speaker, I thank my colleagues on the Committee of Homeland Security for their unanimous support to favorably report my bill to the floor. Mr. Speaker, I strongly urge all of my colleagues to support H.R. 5273, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from New Mexico (Ms. Torres Small) that the House suspend the rules and pass the bill, H.R. 5273, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________
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