[115th Congress Public Law 372]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5107]]
Public Law 115-372
115th Congress
An Act
To require the Secretary of Homeland Security to conduct a threat and
operational analysis of ports of entry, and for other
purposes. <<NOTE: Dec. 21, 2018 - [H.R. 6400]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States
Ports of Entry Threat and Operational Review Act. 6 USC 211 note.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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--
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(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.
(3) <<NOTE: Cost estimates.>> 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) <<NOTE: Deadlines. Time period.>> 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.
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(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.
Approved December 21, 2018.
LEGISLATIVE HISTORY--H.R. 6400:
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HOUSE REPORTS: No. 115-914, Pt. 1 (Comm. on Homeland Security).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 4, considered and passed House.
Dec. 19, considered and passed Senate.
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