[Congressional Record Volume 162, Number 33 (Tuesday, March 1, 2016)]
[Senate]
[Pages S1137-S1138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Ms. Murkowski, Mr. Schumer, Mr. 
        Johnson, Ms. Heitkamp, Mrs. Shaheen, Ms. Cantwell, Mrs. Murray, 
        and Mrs. Gillibrand):
  S. 2612. A bill to ensure United States jurisdiction over offenses 
committed by United States personnel stationed

[[Page S1138]]

in Canada in furtherance of border security initiatives; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, last year, I hailed the signing of a new 
agreement between the United States and Canada designed to improve 
cross-border travel, commerce and security between our two countries. 
Secretary Johnson of the Department of Homeland Security was joined in 
Washington by Canada's Minister of Public Safety, Steven Blaney, for 
the signing of that new preclearance agreement, which was negotiated 
under the Beyond the Border Action Plan.
  Preclearance facilities allow travelers to pass through U.S. Customs 
and Border Protection, CBP, inspections in Canada, prior to traveling 
to the United States. Preclearance operations relieve congestion at 
U.S. destination airports, facilitate commerce, save money, and 
strengthen national security. The United States currently stations CBP 
officers in select locations in Canada to inspect passengers and cargo 
bound for the United States before departing Canada. The new agreement 
signed in March 2015 will lead to expanded U.S. preclearance facilities 
in Canada in the marine, land, air and rail sectors.
  However, the Department of Homeland Security requires specific, 
narrowly tailored legislation to fully implement the new agreement. CBP 
Officers assigned to preclearance locations operate with law 
enforcement authorities and immunities as agreed upon by the United 
States and the host country's government. Under the new preclearance 
agreement with Canada, the United States secured the right to prosecute 
U.S. officials if they commit crimes on the job while stationed in 
Canada--and thereby preclude a prosecution by Canadian prosecutors. But 
in some cases, the United States may lack the legal authority to 
prosecute U.S. officials because many federal crimes do not have 
extraterritorial reach. The Promoting Travel, Commerce and National 
Security Act of 2016, which I am proud to introduce today with Senator 
Murkowski, would ensure that the United States has the legal authority 
to hold our own officials accountable if they engage in wrongdoing 
abroad in Canada. This legislation will allow for full implementation 
of the expanded Canada preclearance agreement.
  Enacting this legislation will promote two key national goals: 
enhancing our national security, and creating a more efficient flow of 
travelers and goods. By placing CBP personnel at the point of 
departure, screening occurs before a person boards a flight, increasing 
our ability to prevent those who should not be flying to the United 
States from doing so. In 2014, preclearance stopped more than 10,000 
inadmissible travelers worldwide before they left foreign soil. As 
Secretary Johnson has said, ``We have to push our homeland security out 
beyond our borders so that we are not defending the homeland from the 
one-yard line.'' At the same time, preclearance facilitates travel and 
trade.
  I am pleased that a bipartisan coalition in the House of 
Representatives, led by Representatives Elise Stefanik and Ann Kuster, 
will also introduce companion legislation today as well. And I am 
grateful for the support of Senators Schumer, Johnson, Heitkamp, 
Shaheen, Cantwell, Murray and Gillibrand for this important 
legislation. I hope with this bipartisan, bicameral support, this 
simple, straightforward enabling legislation will be enacted this year.
  In Vermont, we look to our Canadian neighbors as partners in trade 
and commerce, and as joint stewards of our shared communities. While 
both nations strive to ensure that the border is secure, the ties 
between Canada and Vermont run deep. We rely on each other for trade, 
commerce, and tourism. And many Vermont families have members on both 
sides of the border. This agreement has long been a dream for 
Vermonters who have fond memories of taking the train north to Montreal 
to enjoy all that this vibrant cultural hub offers. It is also a win 
for visitors from Canada's largest cities who love to come to Vermont 
to ski, shop and dine. I commend Secretary Johnson for his commitment 
to forging this agreement that will greatly benefit Vermont and the 
United States. I look forward to enacting this legislation into law so 
that these projects can move forward.
                                 ______