[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6400 Enrolled Bill (ENR)]

        H.R.6400

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
 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.
        (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.

                               Speaker of the House of Representatives.

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