[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6431 Enrolled Bill (ENR)]
H.R.6431
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.