PUBLIC LAW 115–372—DEC. 21, 2018 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. 

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— 

Assessment. 

Deadline. 

United States 

Ports of Entry 

Threat and 

Operational 

Review Act. 

6 USC 211 note. 

Dec. 21, 2018 

[H.R. 6400] 


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132 STAT. 5108 PUBLIC LAW 115–372—DEC. 21, 2018 

(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. 

Deadlines. 

Time period. 

Cost estimates. 


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PUBLIC LAW 115–372—DEC. 21, 2018 132 STAT. 5109 

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. 

Æ 

(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. 


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