[Congressional Record Volume 162, Number 176 (Wednesday, December 7, 2016)]
[House]
[Pages H7340-H7343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING TRAVEL, COMMERCE, AND NATIONAL SECURITY ACT OF 2016
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6431) to ensure United States jurisdiction over offenses
committed by United States personnel stationed in Canada in furtherance
of border security initiatives.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6431
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 ``Promoting Travel, Commerce,
and National Security Act of 2016''.
SEC. 2. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN
UNITED STATES PERSONNEL STATIONED IN CANADA.
(a) Amendment.--Chapter 212A of title 18, United States
Code, is amended--
(1) in the chapter heading, by striking ``TRAFFICKING IN
PERSONS''; and
(2) by adding after section 3272 the following:
``Sec. 3273. Offenses committed by certain United States
personnel stationed in Canada in furtherance of border
security initiatives
``(a) In General.--Whoever, while employed by the
Department of Homeland Security or the Department of Justice
and stationed or deployed in Canada pursuant to a treaty,
executive agreement, or bilateral memorandum in furtherance
of a border security initiative, engages in conduct (or
conspires or attempts to engage in conduct) in Canada that
would constitute an offense for which a person may be
prosecuted in a court of the United States had the conduct
been engaged in within the United States or within the
special maritime and territorial jurisdiction of the United
States shall be fined or imprisoned, or both, as provided for
that offense.
``(b) Definition.--In this section, the term `employed by
the Department of Homeland Security or the Department of
Justice' means--
``(1) being employed as a civilian employee, a contractor
(including a subcontractor at any tier), or an employee of a
contractor (or a subcontractor at any tier) of the Department
of Homeland Security or the Department of Justice;
``(2) being present or residing in Canada in connection
with such employment; and
``(3) not being a national of or ordinarily resident in
Canada.''.
(b) Technical and Conforming Amendments.--Part II of title
18, United States Code, is amended--
(1) in the table of chapters, by striking the item relating
to chapter 212A and inserting the following:
``212A. Extraterritorial jurisdiction over certain offenses3271'';....
and
(2) in the table of sections for chapter 212A, by inserting
after the item relating to section 3272 the following:
[[Page H7341]]
``3273. Offenses committed by certain United States personnel stationed
in Canada in furtherance of border security
initiatives.''.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to
infringe upon or otherwise affect the exercise of
prosecutorial discretion by the Department of Justice in
implementing this section and the amendments made by this
section.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from Texas (Ms. Jackson
Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 6431, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Today we consider on suspension H.R. 6431, the Promoting Travel,
Commerce, and National Security Act of 2016. The bill's origin stems
from an international agreement entered into between Canada and the
United States in March 2015, known as the agreement on Land, Rail,
Marine, and Air Transport Preclearance. This agreement established an
immigration and trade preclearance system to strengthen economic
competitiveness and national security.
Preclearance facilities permit travelers to pass through U.S. Customs
and Border Protection inspections at a particular foreign port prior to
entering the United States. This process expedites a traveler's arrival
in the U.S., while also protecting national security by preventing from
entry those individuals deemed a threat.
CBP officers currently conduct preclearance operations at airports
around the world, including various Canadian airports, marine ports,
and a rail station in British Columbia.
H.R. 6431 helps implement the foregoing agreement by ensuring that
U.S. Government personnel who are stationed in Canada, particularly CBP
preclearance officers, may be held accountable in U.S. courts if they
commit a crime while performing their official duties, assuming their
actions would constitute a crime, if committed in the United States.
Strengthening our Nation's relationship with our northern neighbor is
important for both our economy and national security. H.R. 6431 helps
pave the way for increased cooperation with Canada to spur economic
growth here at home and prevent those who shouldn't be coming to the
United States from arriving in the first place.
I want to thank Representatives Kuster and Stefanik for their work on
this bill, and I urge my colleagues to support this important
legislation.
I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, my first order of business is to thank Congresswoman
Kuster for her leadership on this legislation; and then to make mention
of a bill just an hour or two ago that bears mentioning, that I want to
take note of the importance of its passage, and that is S. 1632. In the
House it was H.R. 3833. The Senate bill has now passed, a bill to
require a regional strategy to address the threat posed by Boko Haram.
{time} 1845
As I begin to discuss this bill, the issue of security is on all of
our minds, certainly the tragedy of the Boko Haram onslaught in
Nigeria, the missing Chibok girls should be on our mind, and this bill
that I just mentioned that was passed and supported by Congresswoman
Wilson of Florida will be a very, very important initiative, one of
which I cosponsored and will continue to work on this issue.
Now I rise in strong support of H.R. 6431, the Promoting Travel,
Commerce, and National Security Act of 2016. The bill would establish
U.S. criminal jurisdiction over offenses committed by Federal employees
conducting border security duties in Canada. In so doing, H.R. 6431
will strengthen our national security as well as promote the safe and
efficient flow of travelers and goods between the United States and
Canada, one of the United States' strongest allies.
In addition, it will facilitate the expansion of the U.S. Customs and
Border Protection preclearance facilities in Canada, which is our
Nation's largest trading partner. Each day, our countries trade
billions of dollars of goods, services, and stock investments. Annually
this relationship generates in excess of $1.4 trillion in value. This
partnership also creates millions of jobs for both Canadians and
Americans.
To protect this incredibly important relationship, the Beyond the
Border agreement between the United States and Canada created a plan to
enhance national security and promote efficient travel and trade.
This agreement is intended to facilitate the expansion of U.S.
Customs and Border Protection preclearance facilities in Canada, which
prevents inadmissible people and items from entering the United States
before they reach a U.S. entry point.
The United States, as a result of this agreement, saves millions of
dollars in processing costs, and our national security is strengthened
because potential threats are stopped before they access U.S. soil.
In addition, preclearance facilities help alleviate congestion for
millions of travelers and traders arriving at U.S. airports from
Canada. That is a very, very important aspect of this legislation,
along with its very strong security commitment. The expansion will
include rail preclearance facilities for the first time, thereby
creating another safe and efficient way to travel between each country.
This bill is intended to resolve a final procedural impediment to the
full expansion of the preclearance facilities in Canada by ensuring
that U.S. personnel who work at these facilities are held accountable
under U.S. law.
Again, I thank my good friend, Congresswoman Kuster. Her leadership
is one that we are greatly appreciative of. I ask my colleagues to
support H.R. 6431.
Mr. Speaker, I rise in support of H.R. 6431, the ``Promoting Travel,
Commerce, and National Security Act of 2016.''
This bill would establish U.S. criminal jurisdiction over offenses
committed by federal employees conducting border security duties in
Canada.
In so doing, H.R. 6431 will strengthen our national security as well
as promote the safe and efficient flow of travelers and goods between
the United States and Canada.
In addition, it will facilitate the expansion of the U.S. Customs and
Border Protection pre-clearance facilities in Canada, which is our
Nation's largest trading partner.
Each day, our countries trade billions of dollars of goods, services
and stock investments. Annually, this relationship generates in excess
of $1.4 trillion in value. And, this partnership also creates millions
of jobs for both Canadians and Americans.
To protect this incredibly important relationship, the ``Beyond the
Border Agreement'' between the United States and Canada created a plan
to enhance national security and promote efficient travel and trade.
This Agreement is intended to facilitate the expansion of U.S.
Customs and Border Protection pre-clearance facilities in Canada, which
prevents inadmissible people and items from entering the United States
before they reach a U.S. entry point.
The United States, as a result of this Agreement, saves millions of
dollars in processing costs and our national security is strengthened
because potential threats are stopped before they access U.S. soil.
In addition, pre-clearance facilities help alleviate congestion for
millions of travelers and traders arriving at U.S. airports from
Canada. And, the expansion will include rail pre-clearance facilities
for the first time, thereby creating another safe and efficient way to
travel between each country.
This bill is intended to resolve a final procedural impediment to the
full expansion of the preclearance facilities in Canada by ensuring
that U.S. personnel who work at these facilities are held accountable
under U.S. law.
H.R. 6431 is an important bill that will advance the interests of the
United States.
I urge my colleagues to join me in supporting this bill, which will
allow the expansion of preclearance facilities in Canada and thereby
enhance national security and promote trade and travel in the United
States.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield such time as she may consume to
[[Page H7342]]
the gentlewoman from New York (Ms. Stefanik), who is one of the chief
sponsors of this legislation.
Ms. STEFANIK. Mr. Speaker, I rise today in strong support of H.R.
6431, the Promoting Travel, Commerce, and National Security Act.
First I want to take a moment to thank my colleague, Congresswoman
Kuster, for all of her efforts on this important bill. As you can see,
the need for preclearance and this bill stretches across party lines
and across our great Nation.
In my district and communities in northern New York, Canada is more
than just a bordering nation. They are our neighbors, our friends, and
our largest trading partner. Plattsburgh, a city in my district, has
even branded itself as Montreal's U.S. suburb, home to more than 100
U.S. subsidiaries of Canadian companies with 15 percent of our area
workforce working for a Canadian or border-related employer.
That is why I helped lead the efforts to craft H.R. 6431, the
Promoting Travel, Commerce, and National Security Act--a necessary step
to solidify the preclearance agreement between the U.S. and Canada,
which was reached over a year ago.
This significant, bipartisan legislation is great news for U.S.-
Canadian relations. It maintains a positive working relationship with
border officials, especially in rural regions like ours in the north
country, and it allows for facility sharing along the border. This bill
also expands U.S. preclearance operations to help provide expedited
screening for Amtrak passengers prior to traveling. This process will
allow for an easier and accelerated trip while ensuring necessary
protections for our national security.
Mr. Speaker, I strongly encourage my colleagues to support this vital
legislation to maintain a secure northern border and facilitate travel
and commerce between the U.S. and Canada. I urge the Senate to act
quickly to send this measure to the President.
Ms. JACKSON LEE. Mr. Speaker, I yield 5 minutes to the distinguished
gentlewoman from New Hampshire (Ms. Kuster), who is the author of this
legislation.
Ms. KUSTER. Mr. Speaker, I thank the gentlewoman from Texas, and I
thank the chair, Mr. Goodlatte.
Mr. Speaker, I rise today in support of my bill, H.R. 6431, the
Promoting Travel, Commerce, and National Security Act of 2016.
In my home State of New Hampshire, Granite Staters understand the
special relationship that Americans have with Canada. For families in
the north country and my district, many of their relatives live just
across the border in Quebec, and many of our businesses rely on cross-
border trade to grow and expand their operations.
According to the State Department, the United States and Canada share
the single longest international border in the world and trade over
$1.8 billion every day in goods and services, supporting millions of
jobs in the U.S.
Furthermore, approximately 380,000 people cross our border every day,
and can do so safely because of the close coordination between U.S. and
Canadian border security officials. Many of these travelers save time
by utilizing preclearance facilities that are operated by Customs and
Border Protection officials at nine different Canadian airports.
Preclearance has numerous security, travel, and trade benefits that
present the United States and Canada with a win-win opportunity. First
and foremost, preclearance enhances our national security efforts by
detecting threats early before they reach U.S. soil. Because travelers
go through customs and border inspection prior to boarding their plane,
preclearance can intercept inadmissible travelers before they reach the
U.S. In fact, in 2014 alone, preclearance operations prevented more
than 10,000 inadmissible travelers from coming to the United States,
saving American taxpayers more than $20 million in detention,
processing, and repatriation costs.
Second, preclearance boosts cross-border trade by increasing foreign
direct investment, creating new jobs and opening up high value tourism
to regional markets in the United States.
Third, preclearance improves the overall experience for travelers--
particularly those who travel frequently for work--by reducing wait
times at border crossings. Because passengers undergo screening prior
to travel, they are not subjected to long lines when they arrive in the
United States.
To build upon the existing benefits of preclearance, the United
States and Canada signed a new, groundbreaking preclearance agreement
in 2015 that will pave the pathway for the expansion of these
facilities at land, rail, marine, and air ports of entry.
This new agreement represents a 21st century approach to border
security, but in order for the 2015 preclearance agreement to be
finalized, we must pass legislation in both the United States Congress
and the Canadian Parliament, which is what brings us to the floor
today.
My bipartisan legislation, H.R. 6431, the Promoting Travel, Commerce,
and National Security Act, will finalize the 2015 preclearance
agreement by ensuring that the United States has the legal authority to
fairly hold CBP officials accountable if they engage in wrongdoing
abroad. Under the new preclearance agreement, the United States secured
the right to prosecute U.S. officials if they commit crimes on the job
while stationed in Canada. Our legislation gives the United States the
ability to prosecute any cases of wrongdoing on our own soil and
ensures that we are holding all officials accountable.
I am so proud of the bipartisan efforts to get this bill across the
finish line. I thank my colleague, Congresswoman Elise Stefanik, for
her tireless efforts to advance this critical piece of legislation. I
would also thank the 23 bipartisan cosponsors who have championed this
bill and supported our efforts to pass the bill before the close of the
114th Congress.
I ask for immediate passage of the bill. I thank the chair and the
gentlewoman from Texas.
Ms. JACKSON LEE. Madam Speaker, I have no further speakers, and I
will close at this time.
It is my pleasure to indicate what an important bill H.R. 6431 is
because it will advance the interests of the United States. I thank the
two leading cosponsors for their collaboration and for their
leadership: the gentlewoman from New York and the gentlewoman from New
Hampshire. I thank the gentlewomen so very much for bringing this bill
forward and working so hard on it to improve the relationships and the
ability for travel and commerce between Canada and the United States.
Madam Speaker, I urge my colleagues to join me in supporting this
bill, which will allow the expansion of preclearance facilities in
Canada, thereby enhance national security and promote trade and travel
in the United States. I ask my colleagues to support this bill.
Madam Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, I would just like to say congratulations and good work
to the gentlewoman from New York and the gentlewoman from New
Hampshire. This is a good bill, and we should pass it right now.
Madam Speaker, I yield back the balance of my time.
Mr. CONYERS. Madam Speaker, I rise in support of H.R. 6431, the
``Promoting Travel, Commerce, and National Security Act of 2016.''
The United States and Canada have enjoyed a long and fruitful trade
relationship which has created millions of jobs and pumped trillions of
dollars into both economies.
This bill protects and supports this relationship by taking the final
step necessary to expand the U.S. Customs and Border Protection pre-
clearance facilities in Canada.
It does this by establishing U.S. criminal jurisdiction over offenses
committed by federal employees conducting border security duties in
Canada.
Pre-clearance facilities help expedite travel between the United
States and Canada by allowing the U.S. Customs and Border Protection to
inspect people before they leave Canada. This helps travelers avoid the
backlog at our Nation's airports. And helps stop potential threats to
our national security before they reach the United States.
Moreover, this joint effort each year saves the United States
millions of dollars by repatriating individuals and items that are not
allowed in the United States.
This bill, which is required for the expansion of pre-clearance
operations in Canada, simply ensures that U.S. personnel who work at
[[Page H7343]]
these facilities are accountable under federal criminal law for their
conduct.
I encourage my colleagues to support H.R. 6431, which ensures a safer
and more efficient trade relationship with Canada.
The SPEAKER pro tempore (Ms. Stefanik). The question is on the motion
offered by the gentleman from Virginia (Mr. Goodlatte) that the House
suspend the rules and pass the bill, H.R. 6431.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________