IIB 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 Sec-
retary of Homeland Security, acting through the 
Commissioner of U.S. Customs and Border Protec-
tion, 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. 
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(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, il-
licit drugs, and other contraband across the 
borders of the United States. 
(D) Improvements needed to enhance trav-
el 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 up-
grades. 
(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 proc-
esses or activities determined to not 
be inherently governmental (as such 
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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, in-
cluding 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 IMPLEMENTA-
TION PLAN.— 
(1) IN
GENERAL.—Not later than 270 days 
after the submission of the threat and operational 
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analysis required under subsection (a) and every 5 
years thereafter for 10 years, the Secretary of 
Homeland Security, acting through the Commis-
sioner 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 oper-
ational 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 effec-
tiveness of such efforts may be determined. 
(C) Efforts to prevent the unlawful move-
ment of people, illicit drugs, and other contra-
band across the borders of the United States at 
the earliest possible point at ports of entry and 
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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 operation-
ally 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 fraudu-
lent 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 
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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. 
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