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