[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-316
114th Congress

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--

[[Page 1594]]

(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.

Approved December 16, 2016.

LEGISLATIVE HISTORY--H.R. 6431:
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CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 7, considered and passed House.
Dec. 9, considered and passed Senate.