Public Law 114–316: To ensure United States jurisdiction over offenses committed by United States personnel stationed in Canada in furtherance of border security initiatives.

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PUBLIC LAW 114–316—DEC. 16, 2016
130 STAT. 1593
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.

Dec. 16, 2016

[H.R. 6431]

  Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,

Promoting Travel, Commerce, and National Security Act of 2016.

18 USC 1 note.
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,

18 USC

prec. 3271.

 United States Code,
is amended
—
(1)
in the chapter heading, by
striking
“TRAFFICKING IN PERSONS”; and
(2)
by
adding
after section 3272 the following:
“§ 3273.

18 USC 3273.

 Offenses committed by certain United States personnel stationed in Canada in furtherance of border security initiatives

“(a)

Penalties.

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
—130 STAT. 1594
(1)

18 USC

prec. 3001.

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,

18 USC

prec. 3271.

 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:

CONGRESSIONAL RECORD, Vol. 162 (2016):

Dec. 7, considered and passed House.

Dec. 9, considered and passed Senate.

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