[Congressional Record Volume 164, Number 192 (Wednesday, December 5, 2018)]
[Senate]
[Page S7320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CORNYN (for himself and Mr. Peters):
S. 3706. A bill to require the Secretary of Homeland Security to
conduct a threat and operational analysis of ports of entry, and for
other purposes; to the Committee on Homeland Security and Governmental
Affairs.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3706
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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