[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6400 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 6400
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 5, 2018
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
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.
Passed the House of Representatives September 4, 2018.
Attest:
KAREN L. HAAS,
Clerk.