Last week Rep. Vela (D,TX) introduced HR 2786,
Cross-Border
Rail Security Act of 2015. The bill would require a report to Congress on
efforts to inspect high-risk cross
border rail shipments.
The bill would require the Commissioner of U.S. Customs and
Border Protection (CBP) to submit a report to Congress. The report would
include {§2(a)}:
∙ The number of shipments entering
the United States by rail annually that are determined to be high-risk by the
Commissioner;
∙ Specific details on the status of
radiation detection units, by type, at each rail crossing on the northern and
southern land borders as of such date of enactment;
∙ An assessment of whether
additional radiation detection equipment is necessary to ensure that all such
high-risk cross-border rail shipments are examined with appropriate equipment;
and
∙ A plan for ensuring that all relevant CBP personnel
receive adequate training and guidance on the proper use of CBP’s Automated
Targeting System for such high-risk cross-border rail shipments.
The bill would also require periodic audits by the GAO of
CBP “operations at rail crossings on the northern and southern international
borders to ensure rail shipments are targeted, examined, and the results of
such examinations properly documented” {§2(b)}.
Moving Forward
Vela is the Ranking Member of the Border and Maritime
Security Subcommittee of the House Homeland Security Committee and his
co-sponsor on this bill, Rep. Miller (R,MI) is the Chair. This bill obviously
has high-profile, bipartisan support and will be considered by the Homeland
Security Committee. Since the bill requires nothing but another report to Congress
there will be no active opposition to the bill. If and when it comes to the
floor of the House it will almost certainly be considered under suspension of
the rules and will pass with a solid bipartisan vote.
Commentary
This bill continues to reflect the congressional obsession
with the potential for smuggling of nuclear weapons or radiological materials
into the United States for use in a terrorist attack. While it is clear that a
nuclear weapon would produce catastrophic results, the chances of a terrorist
group getting their hands on such a weapon are relatively low. Not low enough
to ignore, but low enough for that not to be the main focus on cross border
rail shipment inspections.
A much higher probability attack mode would be weaponizing
one of the many cross border rail shipments of toxic inhalation hazard (TIH)
chemicals. Routine shipments of chlorine, for example, cross both the Canadian
and Mexican border. Current TSA regulations pertaining to these shipments do not require security
inspections {
49
CFR 1580.107} of these railcars until the first time that they are
interchanged in the US or until they are delivered.
I would like to suggest that this bill would be improved by
including a requirement for reporting on the number of rail security-sensitive
material shipments {
§1580.100(b)}
coming into the US and the number of those railcar that there is documentation available
that equivalent inspections of the railcars as required in the US {§1580.107(a)(1)} have
been conducted.
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