[Senate Report 118-105]
[From the U.S. Government Publishing Office]
Calendar No. 221
118th Congress } { Report
SENATE
1st Session } { 118-105
_______________________________________________________________________
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. 1822
TO REQUIRE U.S. CUSTOMS AND BORDER PROTECTION
TO EXPAND THE USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND PORTS OF
ENTRY
October 3, 2023.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2023
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Kendal B. Tigner, Minority Professional Staff Member
Megan M. Krynen, Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 221
118th Congress Report
SENATE
1st Session 118-105
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NON-INTRUSIVE INSPECTION EXPANSION ACT
_______
October 3, 2023.--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. 1822]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1822), 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 an
amendment, in the nature of a substitute, 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..............................................4
IV. Section-by-Section Analysis of the Bill, as Reported.............4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............8
I. Purpose and Summary
S. 1822, 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 systems
acquired from previous Congressional appropriations to scan not
fewer than 40% of passenger vehicles and 90% of commercial
vehicles, cumulatively, at ports of entry where systems are
deployed, by the end of fiscal year 2026. The bill 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 2026 on progress towards meeting the
required benchmarks. If the required scanning levels are not
met, the bill requires CBP to submit a report to Congressional
committees that analyzes the causes of not meeting the
requirements, identifies resource gaps and challenges, and
details steps that will be taken to reach compliance for the
subsequent fiscal year.
Additionally, the bill requires the Commissioner of CBP to
provide a strategy to Congress for increasing outbound
inspection operations at land ports of entry. The strategy will
detail the number of existing and planned outbound inspection
lanes, the infrastructure limitations preventing implementation
of outbound vehicle scanning, the quantity of NII systems
needed to enhance scanning capacity, and plans for funding and
acquiring these systems. The bill requires that CBP use NII
systems to scan 10% of all outbound vehicles exiting the U.S.
at land ports of entry by the end of fiscal year 2026. The bill
also requires the Government Accountability Office (GAO) to
conduct a review of CBP's use of NII systems for border
security, including how CBP assesses the effectiveness of its
systems, and to submit this report to Congressional
committees.\1\
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\1\On August 3, 2022, the Committee approved S. 4572, the Non-
Intrusive Inspection Expansion Act. That bill is substantially similar
to S. 1822. Accordingly, this committee report is, in many respects,
similar to the committee report for S. 4572. See S. Rept. 117-220.
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II. Background and Need for the Legislation
CBP uses NII systems 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.\2\ In fiscal year
2022, using large-scale NII systems, CBP scanned over 7.6
million conveyances, which led to the interdiction of more than
100,000 pounds of narcotics. In addition to enhancing CBP's
ability to interdict illicit goods, NII system 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 systems and
other technology 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\
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\2\Department of Homeland Security, U.S. Customs and Border
Protection, CBP Trade and Travel Report Fiscal Year 2021 (Apr. 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).
\3\Department of Homeland Security, U.S. Customs and Border
Protection, CBP Trade and Travel Report Fiscal Year 2022 (June 2023)
(www.cbp.gov/sites/default/files/assets/documents/2023-Jun/fy-2022-cbp-
trade-and-travel-report.pdf).
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The trafficking of firearms, narcotics, currency, and other
contraband from the United States to Mexico and Canada
facilitates the illegal drug trade, human trafficking, and
other crimes. The same transnational criminal organizations
(TCO) that traffic drugs into the U.S. also smuggle drug sale
proceeds and weapons out of the country.\4\ Outbound
interdiction is a component of the National Drug Control
Strategy's Southwest Border and Northern Border
Counternarcotics Strategies, including interdiction of bulk
currency, weapons, and illicit drugs.\5\ The U.S. has
identified the smuggling and trafficking of U.S. weapons to
Mexico as a threat to the security of both countries.\6\ While
not all necessarily attributable to NII systems, in fiscal year
2022, CBP made 227 weapons and ammunition seizures in the
outbound land environment along the southern border and 184
such seizures along the northern border.\7\ Increasing the
number of vehicles receiving outbound inspections will result
in the seizure of more narcotics, currency, illegal weapons,
and illicit contraband. Like inbound inspections, increased
utilization of NII systems for outbound inspections will enable
CBP to more efficiently and effectively conduct inspections and
identify contraband and reduce the impact on trade and travel
moving out of the country.
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\4\Government Accountability Office, Firearms Trafficking: U.S.
Efforts to Disrupt Gun Smuggling into Mexico Would Benefit from
Additional Data and Analysis (GAO-21-322) (Feb. 2021).
\5\The White House, Executive Office of the President, Office of
National Drug Control Policy, National Drug Control Strategy Southwest
Border Counternarcotics Strategy (Apr. 2022) (www.whitehouse.gov/wp-
content/uploads/2022/04/National-Southwest-Border-Counter-Narcotics-
2022Strategy.pdf); The White House, Executive Office of the President,
Office of National Drug Control Policy, National Drug Control Strategy
Northern Border Counternarcotics Strategy (Apr. 2022)
(www.whitehouse.gov/wp-content/uploads/2022/04/National-Northern-
Border-Counter-Narcotics-2022Strategy.pdf).
\6\National Drug Control Strategy Southwest Border Counternarcotics
Strategy, supra note 5.
\7\U.S. Customs and Border Protection, Newsroom, Stats and
Summaries, Weapons and Ammunitions Seizures (www.cbp.gov/newsroom/
stats/weapons-and-ammunition-seizures) (accessed July 10, 2023).
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In support of CBP's utilization of NII systems, Congress
appropriated over $500 million for NII systems at land ports of
entry in fiscal year 2019.\8\ According to CBP's fiscal year
2024 budget request, CBP will continue to deploy NII systems
acquired with funds from fiscal year 2019 and subsequent
appropriations through fiscal year 2024.\9\ 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.\10\ When NII systems are fully deployed and
operational, CBP has publicly reported it projects to achieve
40% scanning for passenger vehicles and 90% scanning of
commercial vehicles.\11\
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\8\Pub. L. No. 116-6 (2019).
\9\Department of Homeland Security, U.S. Customs and Border
Protection, Budget Overview Fiscal Year 2024 Congressional
Justification (Mar. 2023) (www.dhs.gov/sites/default/files/2023-03/
U.S.%20CUSTOMS%20AND%20BORDER%20PROTECTION_Remediated.pdf).
\10\Department of Homeland Security, U.S. Customs and Border
Protection, CBP Trade and Travel Report Fiscal Year 2021 (Apr. 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).
\11\Id.
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The Securing America's Ports Act enacted in 2021 required
DHS to submit to Congress a plan for achieving 100% scanning
rates at land ports of entry.\12\ 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.\13\ While the Securing America's Ports Act encourages DHS
to increase scanning rates, the Act did not contain
requirements that DHS achieve a certain percentage of vehicle
and cargo scanning at land ports of entry.\14\
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\12\Pub. L. No. 116-267 (2021).
\13\Pub. L. No. 109-347 (2006).
\14\Senate Committee on Homeland Security and Governmental Affairs,
Securing America's Ports Act (Sept. 9, 2020) (S. Rept. 116-267).
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S. 1822 addresses this gap by establishing a benchmark to
ensure accountability for the timely deployment and full
utilization of NII systems funded in fiscal year 2019 and
subsequent fiscal years. In addition to establishing initial
benchmarks to achieve by the end of fiscal year 2026, the bill
requires CBP to continue to work to achieve incremental
benchmarks beyond 2026, such as those identified in the plan
developed in accordance with the Securing America's Ports
Act.\15\ After the first half of fiscal year 2026, CBP must
brief Congressional committees on its progress toward meeting
the required benchmarks and submit a report. The bill also
requires that CBP report to Congressional committees a strategy
for increasing inspections of outbound vehicles using NII
systems at land ports of entry, and to scan at least 10% of all
outbound vehicles by September 30, 2026. Finally, to ensure
further accountability for NII systems utilization, the bill
requires GAO to conduct a review of CBP's use of the NII
systems, including how CBP assesses their effectiveness.
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\15\Pub. L. No. 116-267 (2021).
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III. Legislative History
Senator Gary Peters (D-MI) introduced S. 1822, the Non-
Intrusive Inspection Expansion Act, on June 6, 2023, with
original cosponsor Senator John Cornyn (R-TX). The bill was
referred to the Committee on Homeland Security and Governmental
Affairs. Senator Margaret Wood Hassan (D-NH) joined as a
cosponsor on June 15, 2023.
The Committee considered S. 1822 at a business meeting on
June 14, 2023. At the business meeting, Senator Peters offered
a substitute amendment to the bill, as well as a modification
to the substitute amendment. The substitute amendment changed
the deadline for CBP to report to Congress a feasibility study
of outbound vehicle inspections to 180 days following enactment
of this bill. The modification to the substitute amendment
changed the feasibility study to a strategy for increasing
outbound inspection operations at land ports of entry. This
strategy must detail the number of NII systems needed to
increase scanning capacity and plans for funding and acquiring
these systems. The Committee adopted the modification to the
Peters substitute amendment, and the Peters substitute as
modified, by voice vote, with Senators Peters, Carper, Hassan,
Sinema, Rosen, Padilla, Ossoff, Blumenthal, Paul, Lankford,
Romney, Scott, Hawley, and Marshall present. The bill, as
amended by the Peters amendment as modified, was ordered
reported favorably by roll call vote of 13 yeas to 1 nay, with
Senators Peters, Carper, Hassan, Sinema, Rosen, Padilla,
Ossoff, Blumenthal, Lankford, Romney, Scott, Hawley, and
Marshall voting in the affirmative, and Senator Paul voting in
the negative. Senator Johnson voted yea by proxy, for the
record only.
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. Use of Non-Intrusive Inspection systems at land ports of
entry
Subsection (a) requires that, not later than September 30,
2026, using systems acquired through previous appropriations,
CBP use NII systems to scan not fewer than 40% of passenger
vehicles and 90% of commercial vehicles entering at land ports
of entry, cumulatively, where systems are deployed.
Subsection (b) requires that beginning in fiscal year 2027,
CBP use NII systems to reach its next projected benchmarks for
incremental scanning and increase scanning beyond 40% of
passenger and 90% of commercial vehicles entering the United
States at land ports of entry.
Subsection (c) requires CBP to brief Congressional
committees not later than May 30, 2026 on progress made during
the first half of fiscal year 2026 towards achieving the 40% of
passenger vehicles and 90% of commercial vehicles scanning
benchmarks.
Subsection (d) requires CBP to submit a report to
Congressional committees, not later than 120 days after the end
of fiscal year 2026, if the requirements described in
subsection (2)(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 3. Non-Intrusive Inspection systems for outbound inspections
Subsection (a) requires CBP to submit a strategy to
Congressional committees, no later than 180 days after
enactment of this bill, for funding, acquiring, and
implementing NII systems to scan outbound vehicles.
Subsection (b) requires CBP to scan no less than 10% of all
vehicles exiting the United States through land ports of entry
by September 30, 2026.
Section 4. GAO review and report
Subsection (a) directs GAO to conduct a review of CBP's use
of NII systems for border security. The review must detail the
number, types, and location of NII systems deployed by CBP,
examine how CBP assesses the effectiveness of NII systems, and
examine 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.
Subsection (b) requires GAO to report the review's findings
to Congressional committees within 2 years of the enactment of
this bill.
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
The bill would:
Require U.S. Customs and Border Protection
(CBP) to use nonintrusive inspection (NII) systems to
inspect 40 percent of passenger vehicles and 90 percent
of commercial vehicles entering the United States by
the end of fiscal year 2026
Require CBP, beginning in fiscal year 2027,
to use NII systems to inspect 10 percent of all
vehicles exiting the United States
Impose various reporting requirements on CBP
and the Government Accountability Office
Estimated budgetary effects would mainly stem from:
Construction, procurement, and maintenance
costs associated with additional NII systems
Additional CBP personnel
Areas of significant uncertainty include:
Future volume of vehicles entering and
existing the United States
Configuration of land ports of entry
Bill summary: S. 1822 would require U.S. Customs and Border
Protection (CBP) to increase its use of nonintrusive inspection
(NII) systems at land ports of entry. By the end of fiscal year
2026, 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.
S. 1822 also would require CBP, by the end of fiscal year
2026, to use NII systems to scan 10 percent of all vehicles
exiting the United States at land ports of entry. Finally, the
bill would impose various reporting requirements on CBP and the
Government Accountability Office regarding the use of NII at
the U.S. border.
Estimated Federal cost: In total, CBO estimates that
enacting S. 1822 would cost $982 million over the 2024-2028
period, with additional spending occurring after 2028. Such
spending would be subject to the availability of appropriated
funds.
The estimated budgetary effect of S. 1822 is shown in Table
1. The costs of the legislation fall within budget function 750
(administration of justice).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1822
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By fiscal year, millions of dollars--
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2023 2024 2025 2026 2027 2028 2023-2028
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Estimated Authorization..... 0 210 221 317 446 453 1,647
Estimated Outlays........... 0 11 53 188 347 383 982
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Basis of estimate: CBO assumes that the bill will be
enacted late in fiscal year 2023 and that the estimated amounts
will be available each year. CBO assumes that CBP would
purchase mostly large-scale NII systems, which can scan
vehicles more quickly than small-scale systems, to comply with
the bill's requirements.
Spending subject to appropriation: For scanning both
inbound and outbound vehicles, CBP indicated that many land
ports of entry would require capital improvements, such as
roadwork and new facilities, before large-scale NII systems
could be installed. Based on the costs and timelines of similar
projects, CBO estimates that it would take several years to
complete such improvements and would cost $467 million over the
2024-2028 period.
In addition to those improvements, CBP would need to
purchase and install additional NII systems. Under the bill,
CBO expects that the agency would install additional NII
systems at the locations with the largest vehicle volume.
However, CBP indicated that space and other logistical
constraints would limit how many systems could be deployed at
each land port of entry. Using information about annual vehicle
volume across land ports of entry, CBO expects that CBP would
need an additional 70 NII systems to comply with the bill's
requirements.
Using information from CBP about procurement timelines, CBO
estimates that the agency could deploy up to 10 systems
annually, beginning in 2026, and each system would cost an
average of $7 million, including costs for procurement,
installation, and system integration. In addition, CBO
estimates that it would cost $1 million annually to maintain
each system. In total, CBO estimates that procurement and
maintenance costs would total $434 million over the 2024-2028
period.
In addition, CBO expects that increasing the use of NII
technology would require additional Border Patrol Officers to
conduct more secondary physical inspections of vehicles, which
are more time and labor intensive. Using information from CBP,
CBO estimates that, starting in 2026, the agency would need
roughly 230 additional personnel each year to review images
generated by the NII systems and conduct additional physical
inspections. In total, CBO estimates that personnel costs would
total $80 million over the 2024-2028 period.
Based on the costs of similar activities, CBO estimates
that the bill's reporting requirements would cost $1 million
over the 2024-2028 period.
Uncertainty: CBO's estimate for S. 1822 is subject to
significant uncertainty. The largest area of uncertainty is the
future volume of commercial and personal vehicles entering and
exiting the United States. If the actual volume differs from
CBO's estimates, the costs could be larger or smaller than
those estimated. In addition, variation in the configurations
of land ports of entry could affect the costs of capital
improvements and the number of NII systems required to
implement the bill. CBO could not model each land port of entry
individually or identify which locations would receive
additional NII systems. The costs could be larger or smaller
than those estimated depending on where CBP deploys the NII
systems.
Pay-As-You-Go considerations: None.
Increase in long-term net direct spending and deficits:
None.
Mandates: None.
Estimate prepared by: Federal Costs: Jeremy Crimm;
Mandates: Rachel Austin.
Estimate reviewed by: Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; Kathleen
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel
Papenfuss, Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
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.