H.R. 5273House116th Congress (2019-2021)Enacted

Securing America's Ports Act

Introduced November 26, 2019

AI-Generated Summary

Updated April 14, 2026 at 9:55 AM UTC

The Securing America’s Ports Act directs the Department of Homeland Security to create a comprehensive plan to scan every commercial and passenger vehicle and freight rail car entering the United States at land border crossings using large‑scale, non‑intrusive imaging technology. The plan must outline current equipment, set a six‑year timeline and cost estimates to reach 100 % scanning, and report regularly to Congress on progress and impacts. It affects Customs and Border Protection operations, border‑crossing travelers and freight shippers, and aims to boost border security while monitoring effects on wait times and staffing.

Key Provisions

  • Within 180 days the Secretary of Homeland Security must submit a plan to Congress to raise the scanning rate of commercial and passenger vehicles and freight rail at U.S. land ports of entry to 100 % using large‑scale, non‑intrusive inspection systems (e.g., x‑ray, gamma‑ray, passive imaging).
  • The plan must include a detailed inventory of existing scanning equipment at each port, its location, scanning method, current scan percentages, seizure results, and staffing needs, as well as information on other detection methods such as canines.
  • It must set benchmarks for incremental progress toward full‑throughput scanning over the next six years, provide cost estimates and an acquisition strategy that encourages small‑business participation, and assess expected effects on traffic flow, wait times, and border‑security staffing.
  • The Secretary must issue an annual report for the first year and then every two years for six years, updating Congress on inventory, scanning rates, costs, progress toward benchmarks, operational impacts, and any challenges or plan adjustments.

Legislative Activity

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28 earlier actions
Became Law Latest Action

Became Public Law No: 116-299.

January 5, 2021

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HouseIntro Referral

Introduced in House

November 26, 2019

HouseIntro Referral

Referred to the House Committee on Homeland Security.

November 26, 2019

HouseCommittee

Referred to the Subcommittee on Border Security, Facilitation, and Operations.

December 13, 2019

HouseCommittee

Referred to the Subcommittee on Oversight, Management, and Accountability.

December 13, 2019

HouseCommittee

Subcommittee on Border Security, Facilitation, and Operations Discharged.

January 29, 2020

HouseCommittee

Committee Consideration and Mark-up Session Held.

January 29, 2020

HouseCommittee

Ordered to be Reported (Amended).

January 29, 2020

HouseCommittee

Reported (Amended) by the Committee on Homeland Security. H. Rept. 116-394.

February 6, 2020

HouseCalendars

Placed on the Union Calendar, Calendar No. 317.

February 6, 2020

HouseFloor

Ms. Torres Small (NM) moved to suspend the rules and pass the bill, as amended.

February 10, 2020 • 3:59 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H986-988)

February 10, 2020 • 3:59 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5273.

February 10, 2020 • 3:59 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

February 10, 2020 • 4:05 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H987)

February 10, 2020 • 4:05 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 10, 2020 • 4:05 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

February 11, 2020

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 11, 2020

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute and an amendment to the title. With written report No. 116-267.

September 9, 2020

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 530.

September 9, 2020

SenateFloor

Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. (consideration: CR S7243-7244; text: CR S7244)

December 7, 2020

SenateFloor

Message on Senate action sent to the House.

December 8, 2020

HouseFloor

Ms. Torres Small (NM) asked unanimous consent to take the bill, H.R. 5273, from the Speaker's Table and agree to the Senate amendments. (consideration: CR H7128-7129)

December 10, 2020 • 12:08 PM

HouseResolving Differences

Ms. Torres Small (NM) asked unanimous consent that the House agree to the Senate amendments.

December 10, 2020 • 12:08 PM

HouseNot Used

Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to without objection.(text: CR H7128-7129)

December 10, 2020

HouseResolving Differences

On motion that the House agree to the Senate amendments Agreed to without objection. (text: CR H7128-7129)

December 10, 2020 • 12:09 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

December 10, 2020 • 12:09 PM

President

Presented to President.

December 24, 2020

Became Law

Signed by President.

January 5, 2021

Became Law

Became Public Law No: 116-299.

January 5, 2021

Bill Text

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One Hundred Sixteenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty

H. R. 5273

AN ACT

To require the Secretary of Homeland Security to develop a plan to increase to 100 percent the rates of scanning of commercial and passenger vehicles and freight rail entering the United States at land ports of entry along the border using large-scale, non-intrusive inspection systems to enhance border security, and for other purposes.

1.

Short title

This Act may be cited as the Securing America’s Ports Act.

2.

Large-scale non-intrusive inspection scanning plan

(a)

Definitions

In this section:

(1)

Large-scale non-intrusive inspection system

The term large-scale, non-intrusive inspection system means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car.

(2)

Scanning

The term scanning means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car.

(b)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a plan 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 to 100 percent the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale non-intrusive inspection systems or similar technology to enhance border security.

(c)

Baseline information

The plan under subsection (b) shall include, at a minimum, the following information regarding large-scale non-intrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at land ports of entry and rail-border crossings as of the date of the enactment of this Act:

(1)

An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.

(2)

For each system or technology identified in the inventory under paragraph (1)—

(A)

the scanning method of such system or technology;

(B)

the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;

(C)

the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;

(D)

seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and

(E)

the number of personnel required to operate each system or technology.

(3)

Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems.

(d)

Elements

The plan under subsection (b) shall include the following information:

(1)

Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry.

(2)

Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems or similar technology, and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

(3)

Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased.

(4)

Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments.

(e)

Annual report

Not later than 1 year after the submission of the plan under subsection (b), and biennially thereafter for the following 6 years, the Secretary of Homeland Security 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 describes the progress implementing the plan and includes—

(1)

an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry;

(2)

for each system or technology identified in the inventory required under paragraph (1)—

(A)

the scanning method of such system or technology;

(B)

the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;

(C)

the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and

(D)

seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;

(3)

the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable;

(4)

a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned;

(5)

a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (d)(2);

(6)

any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;

(7)

any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures; and

(8)

any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.