Passenger Rail Pre­clearance Implementation Act of 2021
Bill: H.R.4998 | Sponsor: Rep. Higgins, Brian (D-NY)
Policy area: Transportation and Public Works

Summary:
Passenger Rail Preclearance Implementation Act of 2021
This bill directs the Department of Homeland Security to implement a process for preclearance screening of passengers and baggage on rail service between the United States and Canada. The bill also reauthorizes through FY2026 funding for rail improvement grants and permits the Department of Transportation to expend a specified amount of that funding on the preclearance process.

To direct the Secretary of Homeland Security and heads of related 
agencies to construct and staff passenger rail preclearance facilities 
             in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Passenger Rail Preclearance 
Implementation Act of 2021''.

SEC. 2. REPORT TO CONGRESS.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Homeland Security, in consultation with the 
Administrator of the Transportation Security Administration, the 
Secretary of Transportation, heads of other appropriate Federal 
departments and agencies, and Amtrak shall transmit a report to 
Congress that contains--
            (1) a description of the system for screening passengers 
        and baggage on passenger rail service between the United States 
        and Canada;
            (2) an update on the progress of the United States and 
        Canada in implementing preclearance, as defined in the 
        Agreement on Land, Rail, Marine, and Air Transport Preclearance 
        Between the Government of the United States of America and the 
        Government of Canada signed at Washington, DC, on March 16, 
        2015 (hereinafter referred to as the ``2015 LRMA Treaty''), for 
        passenger rail travel;
            (3) a description of any legislative, regulatory, 
        budgetary, or policy barriers within the Federal Government to 
        providing preclearance for travelers at rail stations and other 
        transportation facilities within the United States;
            (4) a description of the physical, logistical, and 
        budgetary barriers within the United States to constructing 
        preclearance facilities and preclearance areas at 
        transportation facilities as defined in the 2015 LRMA Treaty; 
        and
            (5) a draft text of any changes in Federal law or 
        regulation, including budgetary sums necessary, necessary to 
        provide for end-to-end preclearance for passenger rail travel 
        between the United States and Canada.

SEC. 3. ESTABLISHMENT OF RAIL PRECLEARANCE NEGOTIATIONS.

    (a) Preclearance Officers.--Pursuant to section 629(a) of the 
Tariff Act of 1930 (19 U.S.C. 1629(a)), the Secretary of Homeland 
Security shall seek permission from the Government of Canada to station 
preclearance officers at transportation facilities at the point of 
origination of transportation between Canada and the United States for 
the purpose of passenger rail preclearance inspections.
    (b) Foreign Customs Officers.--Pursuant to section 629(e) of the 
Tariff Act of 1930 (19 U.S.C. 1629(e)), the Secretary of State, 
Secretary of Homeland Security, and Secretary of Agriculture, shall 
invite foreign customs officers from Canada to the United States for 
the purposes of passenger rail preclearance to rail stations and 
transportation facilities in the United States that are identified in 
section 4(a).

SEC. 4. ESTABLISHMENT OF PRECLEARANCE FACILITIES.

    (a) In General.--The Secretary of Homeland Security, the Secretary 
of Transportation, Amtrak, and the heads of other relevant agencies 
shall, in consultation with the Government of Canada, identify all rail 
stations and transportation facilities in the United States and Canada 
necessary to carry out passenger rail preclearance operations.
    (b) Cost-Sharing Agreements.--The Secretary of Transportation and 
the Secretary of Homeland Security may enter into cost-sharing 
agreements with other Federal departments and agencies, State and local 
authorities, and the Government of Canada to make necessary 
infrastructure upgrades and staffing requirements at rail stations and 
transportation facilities in the United States and Canada identified in 
subsection (a) to carry out passenger rail preclearance operations.
    (c) Funding.--
            (1) In general.--The Secretary of Transportation may expend 
        $10,000,000 of the amounts made available to carry out section 
        22907 of title 49, United States Code, for the establishment 
        and implementation of agreements to facilitate rail 
        preclearance pursuant to this Act.
            (2) Authorization of appropriations.--Section 22906 of 
        title 49, United States Code, is amended by adding at the end 
        the following:
            ``(6) For fiscal years 2022 through 2026, $650,000,000.''.
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