Non-Intrusive Inspection Expansion Act

II Calendar No. 221 118TH CONGRESS 1ST SESSION S. 1822 [Report No. 118–105] To require U.S. Customs and Border Protection to expand the use of non- intrusive inspection systems at land ports of entry. IN THE SENATE OF THE UNITED STATES JUNE 6, 2023 Mr. PETERS (for himself, Mr. CORNYN, and Ms. HASSAN) introduced the fol- lowing bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs OCTOBER 3, 2023 Reported by Mr. PETERS, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To require U.S. Customs and Border Protection to expand the use of non-intrusive inspection systems at land ports of entry. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Non-Intrusive Inspec- 4 tion Expansion Act’’. 5 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 2 •S 1822 RS SEC. 2. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT 1 LAND PORTS OF ENTRY. 2 (a) FISCAL YEAR 2026.—Using non-intrusive inspec- 3 tion systems acquired through previous appropriations 4 Acts, beginning not later than September 30, 2026, U.S. 5 Customs and Border Protection shall use non-intrusive in- 6 spection systems at land ports of entry to scan not fewer 7 than— 8 (1) 40 percent, cumulatively, of passenger vehi- 9 cles entering the United States through land ports 10 of entry; and 11 (2) 90 percent, cumulatively, of commercial ve- 12 hicles entering the United States through land ports 13 of entry. 14 (b) SUBSEQUENT FISCAL YEARS.—Beginning in fis- 15 cal year 2027, U.S. Customs and Border Protection shall 16 use non-intrusive inspection systems at land ports of entry 17 to reach the next projected benchmark for incremental 18 scanning of passenger and commercial vehicles entering 19 the United States at such ports of entry. 20 (c) BRIEFING.—Not later than May 30, 2026, the 21 Commissioner of U.S. Customs and Border Protection 22 shall brief the Committee on Homeland Security and Gov- 23 ernmental Affairs of the Senate and the Committee on 24 Homeland Security of the House of Representatives re- 25 garding the progress made during the first half of fiscal 26 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 3 •S 1822 RS year 2026 in achieving the scanning benchmarks described 1 in subsection (a). 2 (d) REPORT.—If the scanning benchmarks described 3 in subsection (a) are not met by the end of fiscal year 4 2026, not later than 120 days after the end of that fiscal 5 year, the Commissioner of U.S. Customs and Border Pro- 6 tection shall submit a report to the Committee on Home- 7 land Security and Governmental Affairs of the Senate and 8 the Committee on Homeland Security of the House of 9 Representatives that— 10 (1) analyzes the causes for not meeting such re- 11 quirements; 12 (2) identifies any resource gaps and challenges; 13 and 14 (3) details the steps that will be taken to ensure 15 compliance with such requirements in the subse- 16 quent fiscal year. 17 SEC. 3. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUT- 18 BOUND INSPECTIONS. 19 (a) FEASIBILITY STUDY.—Not later than 270 days 20 after the date of the enactment of this Act, the Commis- 21 sioner of U.S. Customs and Border Protection shall sub- 22 mit a report to the Committee on Homeland Security and 23 Governmental Affairs of the Senate and the Committee 24 on Homeland Security of the House of Representatives 25 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 4 •S 1822 RS that analyzes the feasibility of using non-intrusive inspec- 1 tion systems to scan 10 percent of all vehicles exiting the 2 United States through land ports of entry with equipment 3 available on the date of the enactment of this Act. 4 (b) IMPLEMENTATION.—Beginning not later than 5 September 30, 2026, U.S. Customs and Border Protection 6 shall use non-intrusive inspection systems at land ports 7 of entry to scan not fewer than 10 percent of all vehicles 8 exiting the United States through land ports of entry. 9 SEC. 4. GAO REVIEW AND REPORT. 10 (a) REVIEW.— 11 (1) IN GENERAL.—The Comptroller General of 12 the United States shall conduct a review of the use 13 by U.S. Customs and Border Protection of non-in- 14 trusive inspection systems for border security. 15 (2) ELEMENTS.—The review required under 16 paragraph (1) shall— 17 (A) identify— 18 (i) the number and types of non-intru- 19 sive inspection systems deployed by U.S. 20 Customs and Border Protection; and 21 (ii) the locations to which such sys- 22 tems have been deployed; and 23 (B) examine the manner in which U.S. 24 Customs and Border Protection— 25 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 5 •S 1822 RS (i) assesses the effectiveness of such 1 systems; and 2 (ii) uses such systems in conjunction 3 with other border security resources and 4 assets, such as border barriers and tech- 5 nology, to detect and interdict drug smug- 6 gling and trafficking at the southwest bor- 7 der of the United States. 8 (b) REPORT.—Not later than 2 years after the date 9 of the enactment of this Act, the Comptroller General shall 10 submit a report to the Committee on Homeland Security 11 and Governmental Affairs of the Senate and the Com- 12 mittee on Homeland Security of the House of Representa- 13 tives containing the findings of the review conducted pur- 14 suant to subsection (a). 15 SECTION 1. SHORT TITLE. 16 This Act may be cited as the ‘‘Non-Intrusive Inspec- 17 tion Expansion Act’’. 18 SEC. 2. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT 19 LAND PORTS OF ENTRY. 20 (a) FISCAL YEAR 2026.—Using non-intrusive inspec- 21 tion systems acquired through previous appropriations 22 Acts, beginning not later than September 30, 2026, U.S. 23 Customs and Border Protection shall use non-intrusive in- 24 spection systems at land ports of entry to scan, cumula- 25 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 6 •S 1822 RS tively, at ports of entry where systems are in place by the 1 deadline, not fewer than— 2 (1) 40 percent of passenger vehicles entering the 3 United States; and 4 (2) 90 percent of commercial vehicles entering 5 the United States. 6 (b) SUBSEQUENT FISCAL YEARS.—Beginning in fiscal 7 year 2027, U.S. Customs and Border Protection shall use 8 non-intrusive inspection systems at land ports of entry to 9 reach the next projected benchmark for incremental scan- 10 ning of passenger and commercial vehicles entering the 11 United States at such ports of entry. 12 (c) BRIEFING.—Not later than May 30, 2026, the Com- 13 missioner of U.S. Customs and Border Protection shall brief 14 the Committee on Homeland Security and Governmental 15 Affairs of the Senate and the Committee on Homeland Se- 16 curity of the House of Representatives regarding the 17 progress made during the first half of fiscal year 2026 in 18 achieving the scanning benchmarks described in subsection 19 (a). 20 (d) REPORT.—If the scanning benchmarks described in 21 subsection (a) are not met by the end of fiscal year 2026, 22 not later than 120 days after the end of that fiscal year, 23 the Commissioner of U.S. Customs and Border Protection 24 shall submit a report to the Committee on Homeland Secu- 25 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 7 •S 1822 RS rity and Governmental Affairs of the Senate and the Com- 1 mittee on Homeland Security of the House of Representa- 2 tives that— 3 (1) analyzes the causes for not meeting such re- 4 quirements; 5 (2) identifies any resource gaps and challenges; 6 and 7 (3) details the steps that will be taken to ensure 8 compliance with such requirements in the subsequent 9 fiscal year. 10 SEC. 3. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUT- 11 BOUND INSPECTIONS. 12 (a) STRATEGY.—Not later than 180 days after the date 13 of the enactment of this Act, the Commissioner of U.S. Cus- 14 toms and Border Protection shall submit a strategy to the 15 Committee on Homeland Security and Governmental Af- 16 fairs of the Senate and the Committee on Homeland Secu- 17 rity of the House of Representatives for increasing sustained 18 outbound inspection operations at land ports of entry that 19 includes— 20 (1) the number of existing and planned outbound 21 inspection lanes at each port of entry; 22 (2) infrastructure limitations that limit the abil- 23 ity of U.S. Customs and Border Protection to deploy 24 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 8 •S 1822 RS non-intrusive inspection systems for outbound inspec- 1 tions; 2 (3) the number of additional non-intrusive in- 3 spection systems that are necessary to increase scan- 4 ning capacity for outbound inspections; and 5 (4) plans for funding and acquiring the systems 6 described in paragraph (3). 7 (b) IMPLEMENTATION.—Beginning not later than Sep- 8 tember 30, 2026, U.S. Customs and Border Protection shall 9 use non-intrusive inspection systems at land ports of entry 10 to scan not fewer than 10 percent of all vehicles exiting the 11 United States through land ports of entry. 12 SEC. 4. GAO REVIEW AND REPORT. 13 (a) REVIEW.— 14 (1) IN GENERAL.—The Comptroller General of 15 the United States shall conduct a review of the use by 16 U.S. Customs and Border Protection of non-intrusive 17 inspection systems for border security. 18 (2) ELEMENTS.—The review required under 19 paragraph (1) shall— 20 (A) identify— 21 (i) the number and types of non-intru- 22 sive inspection systems deployed by U.S. 23 Customs and Border Protection; and 24 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS 9 •S 1822 RS (ii) the locations to which such systems 1 have been deployed; and 2 (B) examine the manner in which U.S. 3 Customs and Border Protection— 4 (i) assesses the effectiveness of such sys- 5 tems; and 6 (ii) uses such systems in conjunction 7 with other border security resources and as- 8 sets, such as border barriers and technology, 9 to detect and interdict drug smuggling and 10 trafficking at the southwest border of the 11 United States. 12 (b) REPORT.—Not later than 2 years after the date 13 of the enactment of this Act, the Comptroller General shall 14 submit a report to the Committee on Homeland Security 15 and Governmental Affairs of the Senate and the Committee 16 on Homeland Security of the House of Representatives con- 17 taining the findings of the review conducted pursuant to 18 subsection (a). 19 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS Calendar No. 221 118TH CONGRESS 1ST SESSION S. 1822 [Report No. 118–105] A BILL To require U.S. Customs and Border Protection to expand the use of non-intrusive inspection sys- tems at land ports of entry. OCTOBER 3, 2023 Reported with an amendment VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\S1822.RS S1822 rfrederick on DSKB3L4F33PROD with BILLS