S. 1822 — Reported in Senate

II Calendar No. 221 118th CONGRESS 1st Session S. 1822 [Report No. 118–105] IN THE SENATE OF THE UNITED STATES June 6, 2023Mr. Peters (for himself, Mr. Cornyn, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs October 3, 2023Reported by Mr. Peters, with an amendmentStrike 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. 1. Short title This Act may be cited as the Non-Intrusive Inspection Expansion Act. 2. Use of non-intrusive inspection systems at land ports of entry (a) Fiscal year 2026 Using non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than— (1) 40 percent, cumulatively, of passenger vehicles entering the United States through land ports of entry; and (2) 90 percent, cumulatively, of commercial vehicles entering the United States through land ports of entry. (b) Subsequent fiscal years Beginning in fiscal year 2027, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to reach the next projected benchmark for incremental scanning of passenger and commercial vehicles entering the United States at such ports of entry. (c) Briefing Not later than May 30, 2026, the Commissioner of U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made during the first half of fiscal year 2026 in achieving the scanning benchmarks described in subsection (a). (d) Report If the scanning benchmarks described in subsection (a) are not met by the end of fiscal year 2026, not later than 120 days after the end of that fiscal year, the Commissioner of U.S. Customs and Border Protection 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— (1) analyzes the causes for not meeting such requirements; (2) identifies any resource gaps and challenges; and (3) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year. 3. Non-intrusive inspection systems for outbound inspections (a) Feasibility study Not later than 270 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection 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 analyzes the feasibility of using non-intrusive inspection systems to scan 10 percent of all vehicles exiting the United States through land ports of entry with equipment available on the date of the enactment of this Act. (b) Implementation Beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than 10 percent of all vehicles exiting the United States through land ports of entry. 4. GAO review and report (a) Review (1) In general The Comptroller General of the United States shall conduct a review of the use by U.S. Customs and Border Protection of non-intrusive inspection systems for border security. (2) Elements The review required under paragraph (1) shall— (A) identify— (i) the number and types of non-intrusive inspection systems deployed by U.S. Customs and Border Protection; and (ii) the locations to which such systems have been deployed; and (B) examine the manner in which U.S. Customs and Border Protection— (i) assesses the effectiveness of such systems; and (ii) uses such systems in conjunction with other border security resources and assets, such as border barriers and technology, to detect and interdict drug smuggling and trafficking at the southwest border of the United States. (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General 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 containing the findings of the review conducted pursuant to subsection (a). 1. Short title This Act may be cited as the Non-Intrusive Inspection Expansion Act. 2. Use of non-intrusive inspection systems at land ports of entry (a) Fiscal year 2026 Using non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan, cumulatively, at ports of entry where systems are in place by the deadline, not fewer than— (1) 40 percent of passenger vehicles entering the United States; and (2) 90 percent of commercial vehicles entering the United States. (b) Subsequent fiscal years Beginning in fiscal year 2027, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to reach the next projected benchmark for incremental scanning of passenger and commercial vehicles entering the United States at such ports of entry. (c) Briefing Not later than May 30, 2026, the Commissioner of U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made during the first half of fiscal year 2026 in achieving the scanning benchmarks described in subsection (a). (d) Report If the scanning benchmarks described in subsection (a) are not met by the end of fiscal year 2026, not later than 120 days after the end of that fiscal year, the Commissioner of U.S. Customs and Border Protection 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— (1) analyzes the causes for not meeting such requirements; (2) identifies any resource gaps and challenges; and (3) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year. 3. Non-intrusive inspection systems for outbound inspections (a) Strategy Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a strategy 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 sustained outbound inspection operations at land ports of entry that includes— (1) the number of existing and planned outbound inspection lanes at each port of entry; (2) infrastructure limitations that limit the ability of U.S. Customs and Border Protection to deploy non-intrusive inspection systems for outbound inspections; (3) the number of additional non-intrusive inspection systems that are necessary to increase scanning capacity for outbound inspections; and (4) plans for funding and acquiring the systems described in paragraph (3). (b) Implementation Beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than 10 percent of all vehicles exiting the United States through land ports of entry. 4. GAO review and report (a) Review (1) In general The Comptroller General of the United States shall conduct a review of the use by U.S. Customs and Border Protection of non-intrusive inspection systems for border security. (2) Elements The review required under paragraph (1) shall— (A) identify— (i) the number and types of non-intrusive inspection systems deployed by U.S. Customs and Border Protection; and (ii) the locations to which such systems have been deployed; and (B) examine the manner in which U.S. Customs and Border Protection— (i) assesses the effectiveness of such systems; and (ii) uses such systems in conjunction with other border security resources and assets, such as border barriers and technology, to detect and interdict drug smuggling and trafficking at the southwest border of the United States. (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General 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 containing the findings of the review conducted pursuant to subsection (a). October 3, 2023Reported with an amendment