[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6431 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 6431

_______________________________________________________________________

                                 AN ACT


 
To ensure United States jurisdiction over offenses committed by United 
States personnel stationed in Canada in furtherance of border security 
                              initiatives.

    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 offenses    3271'';
        and
            (2) in the table of sections for chapter 212A, by inserting 
        after the item relating to section 3272 the following:

``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.

            Passed the House of Representatives December 7, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 6431

_______________________________________________________________________

                                 AN ACT

To ensure United States jurisdiction over offenses committed by United 
States personnel stationed in Canada in furtherance of border security 
                              initiatives.