S.Amdt. 3476

SA 3476. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle I--Joint Cargo Scanning

SECTION 1091. SHORT TITLE.

This subtitle may be cited as the ``Strengthening Security
Through Joint Cargo Scanning Act''.

SEC. 1092. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Homeland Security of the House of
Representatives;
(F) the Committee on Ways and Means of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House of
Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.

SEC. 1093. COLLABORATION INVOLVING SCANNED IMAGES FROM
CERTAIN PORTS OF ENTRY.

(a) In General.--The Secretary, in consultation with the
Secretary of State, may establish, pursuant to a bilateral
agreement with a foreign government, a 5-year pilot program
to improve border security in the United States through the
analysis of manifest data and images of cargo and conveyances
captured by non-intrusive scanning technologies deployed at
designated foreign ports of entry.
(b) Pilot Participants.--The pilot program may be staffed
by approved law enforcement officers from--

[[Page S5246]]

(1) U.S. Customs and Border Protection;
(2) U.S. Immigration and Customs Enforcement;
(3) any other Federal law enforcement agency, as
appropriate, that has been designated as a pilot program
participant by the Secretary; and
(4) appropriate law enforcement agencies of foreign
government that are members of a vetted unit established by
the United States Government.
(c) Pilot Location.--The United States Government, to the
greatest extent practicable, shall carry out the analysis
function of the pilot program authorized under subsection (a)
at the National Targeting Center operated by U.S. Customs and
Border Protection.
(d) Manifest Data.--To the greatest extent practicable, the
pilot shall allow for the sharing of manifest data from the
designated foreign ports of entry with U.S. Customs and
Border Protection for the purpose of carrying out the pilot
program authorized under subsection (a).
(e) Prohibition on Foreign Participation.--The pilot
program authorized under subsection (a) shall require
participating foreign governments to prohibit--
(1) the handling of, access to, and analysis of any
manifest data or images generated from non-intrusive
inspection technologies by any law enforcement officer of the
foreign government;
(2) the processing of data to carry out the pilot program
through any hardware or software that does not meet the
requirements established by the Secretary.
(3) the acquisition of hardware, software, or commercial
off-the-shelf solutions by the United States Government or a
participating foreign government that is produced by any
entity designated on the entity list administered by the
Bureau of Industry and Security at the Department of
Commerce.
(f) Participating Ports of Entry.--The pilot program
authorized under subsection (a) shall designate 5 ports of
entry in the participating foreign country through which
cargo and conveyances are transported from a participating
foreign country to the United States, including at least 1
international rail crossing and 2 land ports of entry.
(g) Privacy, Civil Rights, and Civil Liberties.--The
Secretary, or the designee of the Secretary, shall specify
training requirements for all United States Government
personnel who participate in the pilot program authorized
under subsection (a) to guarantee the protection of civil
rights, civil liberties, and privacy of all individuals
within the jurisdiction of the United States, in accordance
with Federal law.
(h) Quarterly Congressional Briefings.--Not later than 90
days after the date of the enactment of this Act, and every
90 days thereafter, the Secretary, or the Secretary's
designee, shall brief the appropriate congressional
committees regarding the implementation of this Act.
(i) Bilateral Agreement.--
(1) Submission.--Not later than 30 days after the execution
of any bilateral agreement to carry out the pilot program
established pursuant to subsection (a), the Secretary, or the
Secretary's designee, shall submit to the appropriate
congressional committees--
(A) an unredacted copy of such agreement; and
(B) a written description of the elements and scope of the
pilot program.
(2) Briefing.--Not later than 7 days after submitting the
report required under paragraph (1), the Secretary, or the
Secretary's designee, shall brief the appropriate
congressional committees regarding the implementation of the
agreement referred to in paragraph (1).
(3) Form.--The agreement and written description contained
in the report submitted pursuant to paragraph (1) and the
briefing provided pursuant to paragraph (2) may be in
classified form to protect national security or to comply
with any applicable Federal law.
(j) Semiannual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter
while the pilot program established pursuant to subsection
(a) is operational, the Secretary shall submit a report to
the appropriate congressional committees that includes, with
respect to the reporting period--
(A) the number of United States Government law enforcement
personnel who are authorized to participate in the pilot
program, disaggregated by Federal department or agency;
(B) the name and type of ports of entry that are authorized
participate in the pilot program;
(C) the total amount of cargo and conveyances flowing
through the ports of entry that are authorized to participate
in the pilot program, disaggregated by--
(i) the direction of travel (whether into the United States
from a participating foreign country or away from the United
States to a participating foreign country); and
(ii) by port of entry;
(D) the total number and percentage of total cargo and
conveyances that were scanned by non-intrusive inspection
technology at ports of entry authorized to participate in the
pilot program, disaggregated by port of entry;
(E) the total number and percentage of manifests and
underlying manifest data analyzed by law enforcement
personnel under the pilot program;
(F) the number of identified anomalies in the images
generated by non-intrusive inspection technologies at ports
of entry authorized to participate in the pilot program,
disaggregated by port of entry;
(G) the number of anomalies in the manifests and underlying
manifest data analyzed by law enforcement personnel under the
pilot program, disaggregated by originating port of entry of
such cargo and conveyance;
(H) the total number of seizures of contraband, persons
seeking to unlawfully enter the United States, or illicitly
concealed merchandise, including illicit drugs or terrorist
weapons, resulting from the analysis of images captured by
non-intrusive inspection technologies at a participating port
of entry under the pilot program, disaggregated by
originating port of entry; and
(I) the total number of seizures of contraband, persons
seeking to unlawfully enter the United States, or illicitly
concealed merchandise, including illicit drugs or terrorist
weapons, resulting from the analysis of manifest data by law
enforcement personnel of a participating foreign country,
disaggregated by originating port of entry.
(2) Form.--The report required under paragraph (1) shall be
submitted in an unclassified format, but may include a
classified annex.
(k) Assessment.--
(1) In general.--Not later than 180 days after the
termination of the pilot program established pursuant to
subsection (a), the Comptroller General of the United States
shall submit a report to the appropriate congressional
committees containing an assessment of the pilot program,
including--
(A) the methodology used by the Secretary and the
participating foreign government to identify participating
ports of entry;
(B) whether the pilot program strengthened the border
security of the United States;
(C) whether the pilot program increased the interdiction of
contraband, persons seeking to unlawfully enter the United
States, or illicitly concealed merchandise, including illicit
drugs or terrorist weapons at participating ports of entry;
(D) any security concerns regarding the deployment of any
United States Government-owned hardware or software assets in
the participating foreign country;
(E) any security concerns regarding the access to data
under the pilot program by participating foreign government
law enforcement personnel;
(F) whether the pilot program meaningfully increased
throughput at participating ports of entry;
(G) the impact of the pilot program on United States
businesses and foreign businesses that carry out
international trade at participating ports of entry;
(H) whether additional measures could ensure that the pilot
program facilitates the seizure of contraband, persons
seeking to unlawfully enter the United States, or illicitly
concealed merchandise, including illicit drugs or terrorist
weapons, at participating ports of entry; and
(I) whether additional measures could ensure that the pilot
program mitigates any impacts referred to in subparagraph
(G).
(2) Access to data.--The Comptroller General shall have
ongoing access to any data necessary to complete the
assessment required under paragraph (1) on time.
(3) Quarterly briefings by comptroller general.--Not less
frequently than once every 90 days while the pilot program is
operational, the Comptroller General, or the Comptroller
General's designee, shall brief the appropriate congressional
committees regarding the progress towards completing the
assessment required under paragraph (1).
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