An act to require the Secretary of Homeland Security to conduct a threat and operational analysis of ports of entry, and for other purposes
PL 115-372 (H.R.6400), enacted 12/21/2018

132 STAT. 5107 
PUBLIC LAW 115–372—DEC. 21, 2018 
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 Secu-
rity, 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 pro-
longed 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] 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00679
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
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 activi-
ties 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 Sec-
retary 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 esti-
mated costs, at each port of entry, including such needs 
and challenges associated with recruitment and hiring. 
(B) Technology needs, including radiation portal mon-
itors and non-intrusive inspection technology, and esti-
mated 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 submis-
sion 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 Commis-
sioner of U.S. Customs and Border Protection (CBP), shall 
provide to the Committee on Homeland Security and the Com-
mittee 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 anal-
ysis. 
(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 informa-
tion analysis to disrupt transnational criminal organiza-
tions 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 tech-
nology acquisition can be operationally integrated with 
existing technologies in use by the Department of Home-
land Security. 
Deadlines. 
Time period. 
Cost estimates. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00680
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5109 
PUBLIC LAW 115–372—DEC. 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. 
(F) Lessons learned from reports on the business trans-
formation 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 effective-
ness 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. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00681
Fmt 6580
Sfmt 6580
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES