[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.

                          ____________________