[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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