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114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     114-233

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



 
                 CROSS-BORDER RAIL SECURITY ACT OF 2015

                                _______
                                

 July 28, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and 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. 2786]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2786) to require the Commissioner of U.S. 
Customs and Border Protection to submit a report on cross-
border rail security, and for other purposes, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
      Purpose and Summary.............................................2
      Background and Need for Legislation.............................2
      Hearings........................................................2
      Committee Consideration.........................................2
      Committee Votes.................................................2
      Committee Oversight Findings....................................2
      New Budget Authority, Entitlement Authority, and Tax Expenditure3
      Congressional Budget Office Estimate............................3
      Statement of General Performance Goals and Objectives...........3
      Duplicative Federal Programs....................................4
      Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
      Benefits........................................................4
      Federal Mandates Statement......................................4
      Preemption Clarification........................................4
      Disclosure of Directed Rule Makings.............................4
      Advisory Committee Statement....................................4
      Applicability to Legislative Branch.............................4
      Section-by-Section Analysis of the Legislation..................5
      Changes in Existing Law Made by the Bill, as Reported...........5

                          Purpose and Summary

    H.R. 2786 requires the Commissioner of U.S. Customs and 
Border Protection (CBP) to submit a report to Congress on high-
risk rail shipments entering the United States. The report 
would include the frequency and location of such high-risk 
shipments as well as an assessment of the radiation detection 
equipment currently in place, an assessment of whether 
additional equipment is necessary; and a plan for additional 
training and guidance for CBP personnel. This bill would also 
require the Government Accountability Office (GAO) to conduct 
periodic audits to assess the effectiveness of CBP targeting of 
cross-border rail shipments.

                  Background and Need for Legislation

    The CBP's Office of Field Operations is principally 
responsible for facilitating trade and travel entering the 
United States and ensuring adequate security measures. CBP 
attempts to prevent terrorist and terrorist instruments from 
entering the United States and works to enforce trade, 
agriculture, and immigration regulations across all 
transportation domains.
    The CBP uses its Automated Targeting System (ATS) to target 
shipments to the United States that may pose a high risk. The 
DHS Inspector General reported in March of 2015 that high-risk 
rail shipments arriving in the U.S. from Canada and Mexico were 
not being targeted and screened properly. This bill fulfills 
the recommendations from the DHS Office of Inspector General. 
Particularly since rail cargo is expected to increase in volume 
over the next ten years, ensuring CBP complies with its 
standards for targeting and screening of rail cargo is 
imperative for border security.

                                Hearings

    No hearings were held on H.R. 2786.

                        Committee Consideration

    The Committee met on June 23, 2015, to consider H.R. 2786, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.

                            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.
    No recorded votes were requested during consideration of 
H.R. 2786.

                      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. 
2786, the Cross-Border Rail Security Act of 2015, 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, July 10, 2015.
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 H.R. 2786, the Cross-
Border Rail Security Act of 2015.
    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.
    Enclosure.

H.R. 2786--Cross-Border Rail Security Act of 2015

    H.R. 2786 would require Customs and Border Protection 
(CBP), within 180 days of the bill's enactment, to submit a 
report to the Congress on the inspection of goods entering the 
United States by rail. The legislation also would direct the 
Government Accountability Office to periodically audit CBP 
inspection operations at rail crossings along the northern and 
southern U.S. borders.
    Based on the costs of similar reports and audits, CBO 
estimates that implementing H.R. 2786 would cost about $1 
million in 2016 and less than $500,000 annually thereafter, 
assuming appropriation of the necessary funds. Enacting the 
legislation would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 2786 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved 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. 2786 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal or objective of this bill is 
to ensure Customs and Border Protection adequately screens 
high-risk cross-border rail shipments prior to entry into the 
United States. This bill would ensure CBP targeting systems 
properly screen high-risk shipments, and fulfill 
recommendations of the DHS Office of Inspector General through 
reporting to Congress and auditing mechanisms by the Government 
Accountability Office.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 2786 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. 2786 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2786 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 bill may be cited as the 
``Cross-Border Rail Security Act of 2015''.

Section 2.   Cross-Border Rail Security.

            (a)   In General.
    Subsection (a) requires the Commissioner of CBP to submit 
to Congress a report on the number of shipments determined to 
be high-risk by the Commissioner entering the country by rail 
every year, specific details on the status of radiation 
detection units at each rail crossing on both the northern and 
southern borders, and an assessment of whether additional 
radiation detection equipment is necessary to ensure that all 
cross-border rail shipments determined to be high-risk are 
examined with appropriate equipment.
    The Committee expects CBP to ensure proper security 
measures are taken for all inbound shipments to the United 
States regardless of the mode of transportation. It is 
estimated that rail cargo entering the U.S. will increase 
significantly in the coming years. This legislation will help 
ensure CBP follows its own protocols for handling rail cargo 
shipments it identifies as high risk.
    This legislation also requires a plan to ensure that all 
relevant CBP personnel receive adequate training and guidance 
on the use of CBP's Automated Targeting System for high-risk 
cross-border rail shipments, the use of appropriate radiation 
detection equipment to examine these types of shipments, and 
requirements for recording examination results.
    The Committee believes increasing the training in the rail 
environment will help CBP officers better target and vet high-
risk rail shipments.
            (b)   GAO Audit.
    Subsection (b) requires the Comptroller General of the 
United States to periodically audit CBP operations at rail 
crossing along both northern and southern international borders 
to ensure rail shipments are targeted, examined, and the 
results of these examinations are properly documented.
    The Committee expects the frequency of the required reports 
to facilitate the necessary oversight to ensure CBP makes 
steady progress toward securing cargo shipments in the rail 
environment.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 2786 makes no changes to existing law.

                                  [all]