    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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--

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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) <>  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.

    [[Page 5109]]

    (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:
    ---------------------------------------------------------------------------

    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.