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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.
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