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115th Congress    }                                  }   Rept. 115-914
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  }        Part 1

======================================================================



 
     UNITED STATES PORTS OF ENTRY THREAT AND OPERATIONAL REVIEW ACT

                                _______
                                

               September 4, 2018.--Ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6400]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 6400) to require the Secretary of Homeland 
Security to conduct a threat and operational analysis of ports 
of entry, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8
Committee Correspondence.........................................     9

                          PURPOSE AND SUMMARY

    The purpose of H.R. 6400, the United States Ports of Entry 
Threat and Operational Review Act is to require the Secretary 
of Homeland Security to conduct a threat and operational 
analysis of all United States air, land, and sea ports, 
followed by a strategy and implementation plan.
    The analysis will include an assessment of current and 
potential threats posed by individuals and organized groups 
seeking to exploit security vulnerabilities at ports of entry 
(POE), and methods and pathways used by such individuals and 
groups. In addition, this assessment will identify improvements 
needed at POEs to prevent the unlawful movement of people, 
illicit drugs, and other contraband across the U.S. border, and 
to reduce wait times. Personnel, technology, and infrastructure 
needs and estimated costs will also be considered in the 
analysis.

                  BACKGROUND AND NEED FOR LEGISLATION

    Transnational criminal organizations (TCOs) and drug 
smugglers continue to use ports of entry as a preferred entry 
point for the transportation of illicit drugs and contraband 
into the United States. According to the DEA 2017 Threat 
Assessment, the most common method used to traffic illicit 
drugs into the United States is in passenger vehicles with 
concealed compartments or commingled with legitimate goods on 
tractor vehicles. In fact, former Department of Homeland 
Security Secretary John Kelly stated in a hearing before 
Congress that, ``the big issue right now with drugs coming into 
the United States is [at] the ports of entry.'' Between October 
1, 2010 and March 31, 2018, U.S. Customs and Border Protection 
(CBP) conducted more than 84 million Non-Intrusive Inspection 
examinations, resulting in more than 19,000 narcotics seizures 
and $79 million in currency seizures.
    With many U.S. ports of entry built forty to fifty years 
ago, most were never designed for post 9/11 security measures 
or the increased volume of traffic. These infrastructure 
constraints magnify the threats at our ports of entry, as long 
lines and bottlenecks strain CBP's ability to properly vet all 
incoming traffic. For example, the DeConcini Port of Entry 
processes 10 million people attempting to enter the U.S. every 
year. Even with a $220 million expansion in 2014, current 
facilities cannot handle the traffic flow, causing long wait 
times. With traffic overflow and CBP staffing shortages, there 
are more opportunities for TCOs to smuggle illicit drugs and 
other contraband through ports of entry.
    In addition, long lines and wait times delay trade and cost 
the U.S. economy millions of dollars every year. According to a 
study completed by CBP, decreasing secondary inspection times 
at POEs would contribute $23.1 million to the U.S. economy in 
increased trade and reduced costs. Further, the addition of 
even one agriculture specialist at the busiest POEs would 
result in $254,000 in economic benefits.
    The Committee believes it is important for the Department 
of Homeland Security to conduct a threat and operational 
analysis to take a comprehensive look at the ports of entry to 
better mitigate major threats and bolster the capacity and 
functionality of the ports in the interest of national 
security.

                                HEARINGS

    The Committee did not hold any hearing specifically on H.R. 
6400, but the full committee and Subcommittee on Border and 
Maritime Security held hearings relevant to the bill.
    On February 7, 2017, the Committee on Homeland Security 
held a hearing entitled ``Ending the Crisis: America's Borders 
and the Path to Security.'' The Subcommittee received testimony 
from The Honorable John F. Kelly, Secretary of U.S. Department 
of Homeland Security; Mr. Steve C. McCraw, Director of Texas 
Department of Homeland Security; Mr. Joe Frank Martinez, 
Sheriff of Val Verde County, Texas; Mr. Leon N. Wilmot, Sheriff 
of Yuma County, Arizona; and The Honorable Eddie Trevino, Jr., 
County Judge of Cameron County, Texas.
    On February 16, 2017, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``A Dangerous and 
Sophisticated Adversary: The Threat To The Homeland Posed By 
Cartel Operations.'' The Committee received testimony from Vice 
Admiral Charles Ray, Deputy Commandant for Operations, U.S. 
Coast Guard; Chief Paul Beeson, Commander, Joint Task Force--
West, Arizona; Mr. Matt Allen, Assistant Director for HSI 
Investigative Programs, Homeland Security Investigations; Mr. 
Luis E. Arreaga, Principal Deputy Assistant Secretary, Bureau 
of International Narcotics and Law Enforcement Affairs.
    On July 25, 2017, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Deter, Detect, and 
Interdict: Technology's Role in Securing the Border.'' The 
Subcommittee received testimony from Mr. Dennis J. Michelini, 
Acting Executive Director of Operations, Air and Marine 
Operations, U.S. Customs and Border Protection; Mr. Todd C. 
Owens, Executive Assistant Commissioner, Office of Field 
Operations, U.S. Customs and Border Protection; Mr. Scott A. 
Luck, Acting Deputy Chief, U.S. Border Patrol; Ms. Rebecca 
Gambler, Director, Homeland Security and Justice, U.S. 
Government Accountability Office.
    On November 14, 2017, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``Looking North: 
Assessing the Current Threat at the U.S.-Canada Border.'' The 
Subcommittee received testimony from Mr. Michael Dougherty, 
Assistant Secretary for Border, Immigration, and Trade Policy, 
Office of Strategy, Policy, and Plans; Mr. Scott A. Luck, 
Acting Deputy Chief, U.S. Border Patrol; Mr. Kevin Kelly, 
Special Agent in Charge, U.S. Immigration and Customs 
Enforcement; and Dr. Michael Marchand, Chairman, Colville 
Business Council, National Congress of American Indians.
    On March 15, 2018, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Bang for the Border Security 
Buck: What do we get for $33 Billion?'' The Subcommittee 
received testimony from Ms. Claire M. Grady, Under Secretary 
for Management, Directorate for Management, U.S. Department of 
Homeland Security; Mr, Ronald D. Vitiello, Acting Deputy 
Commissioner, U.S. Customs and Border Protection; Ms. Rebecca 
Gambler, Director, Homeland Security and Justice, U.S. 
Government Accountability Office; Mr. Brandon Judd, National 
President, National Border Patrol Council; and Mr. Anthony M. 
Reardon, National President, National Treasury Employees Union.
    On April 25, 2018, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Border Security, Commerce 
and Travel: Commissioner McAleenan's Vision for the Future of 
CBP.'' The Subcommittee received testimony from Mr. Keven 
McAleenan, Commissioner, U.S. Customs and Border Protection.
    On May 30, 2018, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``An Unsafe Border and the 
Opioid Crisis: The Urgent Need for Action to Save Lives.'' The 
Subcommittee received testimony from Mr. Doug Ducey, Governor, 
State of Arizona; Mr. Guadalupe Ramirez, Acting Director of 
Field Operations, U.S. Customs and Border Protection, Tucson; 
Mr. Scott Brown, Special Agent in Charge, Homeland Security 
Investigations, Phoenix; Mr. Doug Coleman, Special Agent in 
Charge, Phoenix Field Division, Drug Enforcement Agency, U.S. 
Department of Justice; Mr. Tim Roemer, Deputy Director, 
Department of Homeland Security, State of Arizona; Dr. Cara 
Christ, Director, Department of Health Services, State of 
Arizona; Dr. Glorinda Segay, Health Director, Division of 
Health, The Navajo Nation; Ms. Debbie Moak, Co-Founder, 
notMYkid; Mr. Jay Cory, CEO and President, Phoenix Rescue 
Mission; and Mr. Wayne Warner, Dean of Men, Teen Challenge 
Christian Life Ranch.

                        COMMITTEE CONSIDERATION

    The Committee met on July 24, 2018, to consider H.R. 6400, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendments were offered:

An amendment offered by Mr. Thompson of Mississippi listed on 
the roster as by Mr. Vela (#1); Page 3, line 15, strike ``could 
be filled with non-law enforcement staff, the private sector, 
or automated'' and insert the following: ``could be--''
          (i) filled--
                  (I) with non-law enforcement staff; or
                  (II) through 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.; was AGREED TO, by voice vote.

An amendment offered by Ms. Barragan (#2); Page 2, beginning 
line 22, insert the following: (C) Improvements needed to end 
the use of metering, which prevents the lawful movement of 
people, including migrant families.
    Page 5, beginning line 6, insert the following: (C) Efforts 
to end the use of metering, which prevents lawful movement of 
people, including migrant families.; was NOT AGREED TO, by a 
recorded vote of 8 yeas and 16 nays (Roll Call Vote No. 38).

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee on Homeland Security considered H.R. 6400 on 
July 24, 2018, and took the following votes:

                     COMMITTEE ON HOMELAND SECURITY


                            Roll Call No. 38


                               H.R. 6400

    On agreeing to an amendment offered by Ms. Barragan (#2); 
was NOT AGREED TO, by a recorded vote of 8 yeas and 16 nays 
(Roll Call Vote No. 38). The vote was as follows:

----------------------------------------------------------------------------------------------------------------
                Representative                    Yea     Nay            Representative             Yea     Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul....................................  ......      X   Mr. Thompson of Mississippi.....  ......  ......
    Chair                                                           Ranking Member
Mr. Smith of Texas............................  ......  ......  Ms. Jackson Lee.................  ......  ......
Mr. King of New York..........................  ......  ......  Mr. Langevin....................      X   ......
Mr. Rogers of Alabama.........................  ......      X   Mr. Richmond....................  ......  ......
Mr. Barletta..................................  ......      X   Mr. Keating.....................      X   ......
Mr. Perry.....................................  ......      X   Mr. Payne.......................  ......  ......
Mr. Katko.....................................  ......      X   Mr. Vela........................      X   ......
Mr. Hurd......................................  ......      X   Mrs. Watson Coleman.............      X   ......
Ms. McSally...................................  ......      X   Miss Rice of New York...........      X   ......
Mr. Ratcliffe.................................  ......      X   Mr. Correa......................      X   ......
Mr. Donovan...................................  ......      X   Mrs. Demings....................      X   ......
Mr. Gallagher.................................  ......      X   Ms. Barragan....................      X   ......
Mr. Higgins of Louisiana......................  ......      X
Mr. Garrett...................................  ......      X
Mr. Fitzpatrick...............................  ......      X
Mr. Estes.....................................  ......      X
Mr. Bacon.....................................  ......      X
Mrs. Lesko....................................  ......      X
                                                                                                 ---------------
                                                                Vote Total......................      8      16
----------------------------------------------------------------------------------------------------------------

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
6400, the United States Ports of Entry Threat and Operational 
Review Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 6, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for Department of Homeland 
Security legislation ordered reported by the Committee on 
Homeland Security on July 24, 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

Department of Homeland Security Legislation

    On July 24, the House Committee on Homeland Security 
ordered three bills to be reported. The bills are:
           H.R. 6400, the United States Ports of Entry 
        Threat and Operational Review Act;
           H.R. 6430, the Securing the Homeland 
        Security Supply Chain Act of 2018; and
           H.R. 6438, the DHS Countering Unmanned 
        Aircraft Systems Coordinator Act.
    H.R. 6400 would require the Department of Homeland Security 
(DHS) to prepare an analysis of security issues at U.S. ports 
of entry and a plan to mitigate threats to ports. H.R. 6430 
would authorize DHS to take certain actions to improve the 
security of information and telecommunications systems acquired 
by the department. H.R. 6438 would direct DHS to designate one 
of its officials to coordinate the department's efforts to 
combat threats from unmanned aircraft systems (or drones).
    CBO estimates that enacting those bills would not 
significantly affect spending by DHS in any fiscal year because 
the department could implement each bill with minimal 
additional personnel.
    Enacting the bills would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting the bills would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    None of the bills contain intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 6400 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal and objective of H.R. 6400 is 
to ensure the Secretary of Homeland Security conducts a 
comprehensive threat and operational assessment of the ports of 
entry that would inform future homeland security resourcing 
needs at United States air, land, and sea ports.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 6400 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        PREEMPTION CLARIFICATION

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 6400 does 
not preempt any State, local, or Tribal law.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The Committee estimates that H.R. 6400 would require no 
directed rule makings.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section provides that this bill may be cited as the 
``United States Ports of Entry Threat and Operational Review 
Act''.

Sec. 2. Ports of entry threat and operational analysis

    This section directs the Secretary of Homeland Security, 
acting through the Commissioner of the U.S. Customs and Border 
Protection, to conduct a threat and operational analysis of all 
United States air, land, and sea ports, followed by a strategy 
and implementation plan.
    The analysis shall include an assessment of current and 
potential threats posed by individuals and organized groups 
seeking to exploit security vulnerabilities at ports of entry 
(POE), and methods and pathways used by such individuals and 
groups. In addition, this assessment will identify improvements 
needed at POEs to prevent the unlawful movement of people, 
illicit drugs, and other contraband across the U.S. border, and 
to reduce wait times. The analysis requires the Secretary of 
Homeland Security to identify processes conducted at POEs that 
could be filled by non-law enforcement staff, the private 
sector, or through automation. It also requires the 
consideration of personnel, technology, and infrastructure 
needs and estimated costs.
    Once the threat and operational analysis of all United 
States air, land, and sea ports is complete, this section 
directs the Department of Homeland Security to develop a 
strategy and implementation plan. The strategy and 
implementation plan will include efforts to mitigate threats 
and address topics outlined in the threat and operational 
analysis report, and focus on intelligence collection at the 
POEs with the aim of disrupting transnational criminal 
organizations. Furthermore, the strategy and implementation 
plan will verify that new technology acquisitions can be 
operationally integrated with existing DHS technology at ports 
of entry. Lastly, the strategy and implementation plan will 
incorporate efforts to identify and detect fraudulent 
documents, and prevent, detect, investigate, and mitigate 
corruption at ports of entry.
    This section specifies that the strategy and implementation 
plan shall also include the standards against which the 
effectiveness of these efforts may be determined, as well as a 
consideration of lessons learned from U.S. Customs and Border 
Protection (CBP) reports on business transformation 
initiatives, and CBP staffing requirements. It also indicates 
that three versions of the strategy and implementation plan 
will be required. The first, 270 days after the release of the 
ports of entry threat and operational analysis, then five and 
ten years after.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported, H.R. 6400 makes no changes to existing law.
    
    
    
    
    
    
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