[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3706 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3706

 To require the Secretary of Homeland Security to conduct a threat and 
    operational analysis of ports of entry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2018

Mr. Cornyn (for himself and Mr. Peters) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Homeland Security to conduct a threat and 
    operational analysis of ports of entry, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Ports of Entry Threat 
and Operational Review Act''.

SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS.

    (a) In General.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        acting through the Commissioner of U.S. Customs and Border 
        Protection, shall submit to the Committee on Homeland Security 
        and the Committee on Ways and Means of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Finance of the Senate 
        a threat and operational analysis of ports of entry.
            (2) Contents.--The threat and operational analysis required 
        under paragraph (1) shall include an assessment of the 
        following:
                    (A) Current and potential threats posed by 
                individuals and organized groups seeking--
                            (i) to exploit security vulnerabilities at 
                        ports of entry; or
                            (ii) to unlawfully enter the United States 
                        through such ports of entry.
                    (B) Methods and pathways used to exploit security 
                vulnerabilities at ports of entry.
                    (C) Improvements needed at ports of entry to 
                prevent the unlawful movement of people, illicit drugs, 
                and other contraband across the borders of the United 
                States.
                    (D) Improvements needed to enhance travel and trade 
                facilitation and reduce wait times at ports of entry, 
                including--
                            (i) security vulnerabilities associated 
                        with prolonged wait times;
                            (ii) current technology at ports of entry 
                        that can be adapted to handle more volume, 
                        increase efficiency, and improve accuracy of 
                        detection efforts; and
                            (iii) infrastructure additions and 
                        upgrades.
                    (E) Processes conducted at ports of entry that do 
                not require law enforcement training and could be--
                            (i) filled with--
                                    (I) non-law enforcement staff; or
                                    (II) the private sector, for 
                                processes or activities determined to 
                                not be inherently governmental (as such 
                                term is defined in section 5 of the 
                                Federal Activities Inventory Reform Act 
                                of 1998 (Public Law 105-270)); or
                            (ii) automated.
                    (F) Improvements needed during secondary 
                inspections to meet food safety standards defined by 
                applicable statutes for the commodities being 
                inspected.
            (3) Analysis requirements.--In compiling the threat and 
        operational analysis required under paragraph (1), the 
        Secretary of Homeland Security, acting through the Commissioner 
        of U.S. Customs and Border Protection, shall consider and 
        examine the following:
                    (A) Personnel needs, including K-9 Units, and 
                estimated costs, at each port of entry, including such 
                needs and challenges associated with recruitment and 
                hiring.
                    (B) Technology needs, including radiation portal 
                monitors and non-intrusive inspection technology, and 
                estimated costs at each port of entry.
                    (C) Infrastructure needs and estimated costs at 
                each port of entry.
    (b) Ports of Entry Strategy and Implementation Plan.--
            (1) In general.--Not later than 270 days after the 
        submission of the threat and operational analysis required 
        under subsection (a) and every 5 years thereafter for 10 years, 
        the Secretary of Homeland Security, acting through the 
        Commissioner of U.S. Customs and Border Protection (CBP), shall 
        provide to the Committee on Homeland Security and the Committee 
        on Ways and Means of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Finance of the Senate a ports of entry strategy 
        and implementation plan.
            (2) Contents.--The ports of entry strategy and 
        implementation plan required under paragraph (1) shall include 
        a consideration of the following:
                    (A) The ports of entry threat and operational 
                analysis required under subsection (a), with an 
                emphasis on efforts to mitigate threats and challenges 
                identified in such analysis.
                    (B) Efforts to reduce wait times at ports of entry 
                and standards against which the effectiveness of such 
                efforts may be determined.
                    (C) Efforts to prevent the unlawful movement of 
                people, illicit drugs, and other contraband across the 
                borders of the United States at the earliest possible 
                point at ports of entry and standards against which the 
                effectiveness of such efforts may be determined.
                    (D) Efforts to focus intelligence collection and 
                information analysis to disrupt transnational criminal 
                organizations attempting to exploit vulnerabilities at 
                ports of entry and standards against which the 
                effectiveness of such efforts may be determined.
                    (E) Efforts to verify that any new port of entry 
                technology acquisition can be operationally integrated 
                with existing technologies in use by the Department of 
                Homeland Security.
                    (F) Lessons learned from reports on the business 
                transformation initiative under section 802(i)(1) of 
                the Trade Facilitation and Trade Enforcement Act of 
                2015 (Public Law 114-125).
                    (G) CBP staffing requirements for all ports of 
                entry.
                    (H) Efforts to identify and detect fraudulent 
                documents at ports of entry and standards against which 
                the effectiveness of such efforts may be determined.
                    (I) Efforts to prevent, detect, investigate, and 
                mitigate corruption at ports of entry and standards 
                against which the effectiveness of such efforts may be 
                determined.
    (c) Ports of Entry Described.--In this section, the term ``ports of 
entry'' means United States air, land, and sea ports of entry.
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