[Senate Report 117-220]
[From the U.S. Government Publishing Office]
Calendar No. 576
117th Congress } { Report
SENATE
2d Session } { 117-220
_______________________________________________________________________
NON-INTRUSIVE INSPECTION EXPANSION ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 4572
TO REQUIRE U.S. CUSTOMS AND BORDER PROTECTION
TO EXPAND THE USE OF NON-INTRUSIVE INSPECTION
SYSTEMS AT LAND PORTS OF ENTRY
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 5, 2022.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
39-010 WASHINGTON : 2022
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Sarah C. Pierce, Senior Counsel
Katie A. Conley, Professional Staff Member
Pamela Thiessen, Minority Staff Director
Sam J. Mulopulos, Minority Deputy Staff Director
Jeremy H. Hayes, Minority Senior Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 576
117th Congress } { Report
SENATE
2d Session } { 117-220
======================================================================
NON-INTRUSIVE INSPECTION EXPANSION ACT
_______
December 5, 2022.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 4572]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 4572) to require
U.S. Customs and Border Protection to expand the use of non-
intrusive inspection systems at land ports of entry, having
considered the same, reports favorably thereon with amendments
and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 3
IV. Section-by-Section Analysis of the Bill, as Reported............. 4
V. Evaluation of Regulatory Impact.................................. 5
VI. Congressional Budget Office Cost Estimate........................ 5
VII. Changes in Existing Law Made by the Bill, as Reported............ 7
I. PURPOSE AND SUMMARY
S. 4572, the Non-Intrusive Inspection Expansion Act,
requires the increased utilization of non-intrusive inspection
(NII) systems at land ports of entry into the United States. It
directs the Department of Homeland Security's (DHS) U.S.
Customs and Border Protection (CBP) to utilize NII acquired
from previous Congressional appropriations to scan not fewer
than 40% of passenger vehicles and 90% of commercial vehicles,
cumulatively, at land ports of entry by the end of fiscal year
2024. It further requires CBP to increase the scanning rate in
subsequent fiscal years according to CBP's projected
benchmarks. The bill also directs CBP to brief Congressional
committees after the first half of fiscal year 2024 on progress
towards meeting the required benchmarks. If the required
scanning levels are not met, the bill also requires CBP to
submit a report to Congressional committees analyzing the
causes for not meeting them, identifying resource gaps and
challenges, and detailing steps that will be taken to reach
compliance for the subsequent fiscal year.
Additionally, the bill includes a Sense of Congress
emphasizing Congressional intent on the importance of using NII
to support CBP's detection and interdiction efforts and to use
past and future appropriations expeditiously to develop the
capacity to reach 100% scanning rate for passenger and
commercial vehicles at land ports of entry. The bill requires
the U.S. Government Accountability Office (GAO) to conduct a
review of CBP's use of NII for border security, including how
CBP assesses the effectiveness of its systems, and to submit
this report to Congressional committees. The bill also requires
the Commissioner of CBP to report to Congress on the
feasibility of CBP using NII to scan 10% of all southbound
vehicles exiting the U.S. at land ports of entry by the end of
fiscal year 2024.
II. BACKGROUND AND NEED FOR THE LEGISLATION
CBP uses NII to scan vehicles and cargo entering the U.S.
at land ports of entry to detect the presence of contraband or
unclaimed goods without physically opening or unloading them,
increasing CBP's ability to efficiently and effectively
facilitate trade and travel.\1\ In fiscal year 2021, using over
350 large-scale NII systems at land and sea ports of entry, CBP
performed approximately 7.8 million examinations of vehicles
and cargo using NII, which led to the interdiction of more than
189,000 pounds of narcotics.\2\ In addition to enhancing CBP's
ability to interdict illicit goods, NII utilization results in
operational efficiencies and saves both CBP and industry money.
According to CBP, examinations conducted using NII systems can
be done in 8 minutes, compared to 120 minutes for physical
examinations. Additionally, using NII has contributed to $1
billion in savings in annual operational costs and has saved
industry $5.8 billion to $17.5 billion in costs from delays.\3\
---------------------------------------------------------------------------
\1\Department of Homeland Security, U.S. Customs and Border
Protection, CBP Trade and Travel Report Fiscal Year 2021 (April 2022)
(www.cbp.gov/sites/default/files/assets/documents/2022-Apr/
FINAL%20FY2021_%20Trade%20and%20Travel%20Report%20%28508%20
Compliant%29%20%28April%202022%29_0.pdf).
\2\Id. at 23.
\3\Id. at 22.
---------------------------------------------------------------------------
In support of CBP's utilization of NII, Congress
appropriated over $500 million for NII at land ports of entry
in fiscal year 2019.\4\ According to CBP's fiscal year 2023
budget request, CBP will continue to deploy NII acquired with
funds from fiscal year 2019 and subsequent appropriations
through fiscal year 2023.\5\ Prior to the full deployment of
these systems, CBP reported a 1% scanning rate of passenger
vehicles and a 15% scanning rate of commercial vehicles.\6\
When this NII is fully deployed and operational, CBP has
publicly reported it projects to achieve 40% scanning for
passenger vehicles and 90% scanning of commercial vehicles.\7\
---------------------------------------------------------------------------
\4\Pub. L. No. 116-6 (2019).
\5\Department of Homeland Security, U.S. Customs and Border
Protection, Budget Overview Fiscal Year 2023 Congressional
Justification (March, 27, 2022) (www.dhs.gov/sites/default/files/2022-
03/U.S.%20Customs%20and%20Border%20Protection_Remediated.pdf).
\6\Department of Homeland Security, U.S. Customs and Border
Protection, CBP Trade and Travel Report Fiscal Year 2021 (April 2022)
(www.cbp.gov/sites/default/files/assets/documents/2022-Apr/
FINAL%20FY2021_%20Trade%20and%20Travel%20Report%20%28508%20Compliant
%29%20%28April%202022%29_0.pdf).
\7\Id.
---------------------------------------------------------------------------
The Securing America's Ports Act in 2021 required DHS to
submit to Congress a plan for achieving 100% scanning rates at
land ports of entry.\8\ Similarly, the SAFE Ports Act of 2006
required 100% of containers entering the United States at sea
ports of entry be screened and 100% of high-risk containers be
scanned or searched before leaving the sea port. While the
Securing America's Ports Act encourages DHS to increase
scanning rates, the Act does not contain requirements that DHS
achieve a certain percentage of vehicle and cargo scanning at
land ports of entry.\9\
---------------------------------------------------------------------------
\8\Pub. L. No. 109-347 (2006).
\9\Senate Committee on Homeland Security and Governmental Affairs,
Report of the Committee on Homeland Security and Governmental Affairs
United States Senate to accompany H.R. 5273, (September 9, 2020) (S.
Rept. 116-267).
---------------------------------------------------------------------------
S. 4572 addresses this gap by setting forth a benchmark to
ensure accountability for the timely deployment and full
utilization of NII funded in fiscal year 2019 and after. In
addition to establishing initial benchmarks to achieve by the
end of fiscal year 2024, the bill requires CBP to continue to
work to achieve incremental benchmarks beyond 2024, such as
those identified in the plan developed in accordance with the
Securing America's Ports Act. The bill also requires that CBP
brief Congressional committees on its progress toward meeting
the required benchmarks and submit a report. To ensure further
accountability for NII utilization, the bill also requires GAO
to conduct a review of CBP's use of the NII systems, including
how CBP assesses their effectiveness. Finally, the bill also
requires CBP to report to Congressional committees on the
feasibility of scanning 10% of all southbound vehicles exiting
the U.S. at land ports of entry along the southwest border.
III. LEGISLATIVE HISTORY
Senator Peters (D-MI) introduced S. 4572, the Non-Intrusive
Inspection Expansion Act, on July 20, 2022, with Senator Cornyn
(R-TX). The bill was referred to the Senate Committee on
Homeland Security and Governmental Affairs. Senator Hassan (D-
NH) later joined as a cosponsor on August 2, 2022.
The Committee considered S. 4572 at a business meeting on
August 3, 2022. During the business meeting, Senator Hassan
offered an amendment that would express the Sense of Congress
that NII systems be used for outbound detection and require CBP
to report to Congressional committees on the feasibility of
using NII systems to scan 10% of all southbound vehicles
exiting through land ports of entry by the end of fiscal year
2024. Senator Scott also offered a modified amendment that
would require GAO to conduct a review and report to
Congressional committees on CBP's use of NII systems, including
how CBP assesses their effectiveness. The Committee ordered the
bill reported favorably with amendments en bloc by voice vote.
Senators present for the vote were: Peters, Hassan, Sinema,
Rosen, Padilla, Ossoff, Lankford, Romney, Scott, and Hawley.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section designates the name of the bill as the ``Non-
Intrusive Inspection Expansion Act.''
Section 2. Sense of Congress
This section expresses the Sense of Congress on the
importance of NII as a tool to increase CBP's ability to detect
and interdict illicit and unclaimed goods, while securely and
efficiently facilitating the flow of trade and travel into the
United States and land ports of entry. It expresses that it is
in the interest of U.S. trade and border security to develop
the capacity to increase the NII scanning rate to 100%. This
section also emphasizes the Congressional intent that CBP
should work to actively implement existing plans and past and
future Congressional appropriations to increase the rate of
scanning.
Section 3. Use of Non-Intrusive Inspection systems at land ports of
entry
Subsection (a) requires that, not later than September 30,
2024, using systems acquired through previous appropriations,
CBP use NII to scan not fewer than 40%, cumulatively, of
passenger vehicles and 90%, cumulatively, of commercial
vehicles, entering the U.S. through land ports of entry.
Subsection (b) requires that following fiscal year 2024,
CBP use NII to reach its next projected benchmarks for
incremental scanning to increase scanning beyond 40% of
passenger and 90% of commercial vehicles entering the United
States at land ports of entry.
Subsection (c) requires GAO to conduct a review of CBP's
use of NII for border security. The review is required to
include an identification of the number, types, and location of
systems deployed by CBP, examination of how CBP assesses the
effectiveness of NII, and examination of how CBP uses the
systems in conjunction with other border security resources and
assets to detect and interdict drug smuggling and trafficking
at the southwest border of the United States. It also requires
GAO to report the review's findings to the Committee on
Homeland Security and Governmental Affairs in the Senate and
the Committee on Homeland Security in the House of
Representatives within 2 years of the enactment of the bill.
Section 4. Briefing
This section requires CBP to brief the Committee on
Homeland Security and Governmental Affairs in the Senate and
the Committee on Homeland Security in the House of
Representatives not later than May 30, 2024 on progress made
during the first half of fiscal year 2024 toward achieving the
40% and 90% scanning benchmarks.
Section 5. Report
This section requires CBP to submit a report to the
Committee on Homeland Security and Governmental Affairs in the
Senate and the Committee on Homeland Security in the House of
Representatives, not later than 120 days after the end of
fiscal year 2024, if the requirements described in section 3(a)
are not met. The report is required to analyze the causes for
not meeting the requirements, identify any resource gaps and
challenges, and detail steps that will be taken to ensure
compliance with requirements in the subsequent fiscal year.
Section 6. Report on feasibility of using Non-Intrusive Inspection
systems for southbound inspections
Subsection (a) expresses the Sense of Congress that NII
should be used to detect and interdict illicit and dangerous
goods and unclaimed money that flow out of the United States to
supply and fund transnational drug cartels.
Subsection (b) requires CBP submit a report to the
Committee on Homeland Security and Governmental Affairs in the
Senate and the Committee on Homeland Security in the House of
Representatives, not later than 270 days after enactment of the
bill, on the feasibility of using NII to scan 10% of all
southbound vehicles exiting the United States through land
ports of entry at the southwest border by the end of fiscal
year 2024.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 4572, the Non-
Intrusive Inspection Expansion Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeremy Crimm.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
S. 4572 would require U.S. Customs and Border Protection
(CBP) to increase its use of non-intrusive inspection (NII)
systems at land ports of entry. Beginning in 2024, the bill
would require CBP to use NII systems to inspect 40 percent of
passenger vehicles and 90 percent of commercial vehicles
entering the United States. NII systems, such as large-scale X-
ray and Gamma-ray systems and handheld scanners, are used to
quickly examine vehicles for weapons, narcotics, and other
materials that pose nuclear and radiological threats.
The bill also would require CBP and the Government
Accountability Office to submit various reports to the Congress
about the use of NII at the U.S. border.
CBP indicated that many land ports of entry would require
capital improvements, such as roadwork and new facilities,
before large-scale NII could be installed. Based on the costs
and timelines of similar projects, CBO estimates that such
improvements would take two years to complete and cost $98
million over the 2023-2027 period.
In addition to those improvements, CBP would need to
install new large-scale NII systems. CBP indicated that it
would install additional NII systems at the locations with the
largest vehicle volume if S. 4572 was enacted, with multiple
systems per site. Based on feedback from CBP, CBO expects that
the agency would need to install an additional 70 large-scale
NII systems to comply with the bill's requirements.
Using information from CBP, CBO estimates that the agency
would install an average of 14 systems annually, beginning in
2025, and that each large-scale NII system would cost roughly
$9 million, including procurement, installation, and system
integration. In addition, CBO estimates that it would cost $1
million annually to maintain each system. Thus, CBO estimates
that through 2027, the procurement and maintenance costs would
total $363 million. Additional systems would continue to be
installed and maintained after 2027 at a cost of $373 million.
In total, CBO estimates that enacting S. 4572 would cost
$462 million over the 2023-2027 period and an additional $426
million over the 2028 2032 period ($53 million for facility
capital improvements and $373 million for system installation
and maintenance). Such spending would be subject to the
availability of appropriated funds.
The costs of the legislation, detailed in Table 1, fall
within budget function 750 (administration of justice).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 4572
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
---------------------------------------------------------
2023 2024 2025 2026 2027 2023-2027
----------------------------------------------------------------------------------------------------------------
Estimated Authorization............................... 50 51 119 155 170 544
Estimated Outlays..................................... 3 13 91 176 179 462
----------------------------------------------------------------------------------------------------------------
S. 4572 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by Leo Lex, Deputy Director of Budget
Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation would make no change in existing law,
within the meaning of clauses (a) and (b) of subparagraph 12 of
rule XXVI of the Standing Rules of the Senate, because this
legislation would not repeal or amend any provision of current
law.
[all]