I 

114TH CONGRESS 

2D SESSION H. R. 4657 

To ensure United States jurisdiction over offenses committed by United 

States personnel stationed in Canada in furtherance of border security 

initiatives. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2016 

Ms. KUSTER (for herself, Ms. STEFANIK, Ms. DELBENE, Ms. SLAUGHTER, 

Mr. HIGGINS, Mr. BENISHEK, Mr. NEWHOUSE, Mr. CRAMER, Mr. 

NOLAN, Mr. COLLINS of New York, and Mr. KIND) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To ensure United States jurisdiction over offenses committed 

by United States personnel stationed in Canada in furtherance of border security initiatives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Travel, 

5 Commerce, and National Security Act of 2016’’. 


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1 SEC. 2. JURISDICTION OVER OFFENSES COMMITTED BY 

2 UNITED STATES PERSONNEL STATIONED IN 

3 CANADA. 

4 (a) AMENDMENT.—Chapter 212A of title 18, United 

5 States Code, is amended— 

6 (1) in the chapter heading, by striking 

7 ‘‘TRAFFICKING IN PERSONS’’; and 

8 (2) by adding after section 3272 the following: 

9 ‘‘§ 3273. Offenses committed by United States per10 sonnel stationed in Canada in further11 ance of border security initiatives 

12 ‘‘(a) IN GENERAL.—Whoever, while employed by any 

13 department or agency of the United States other than the 

14 Department of Defense and stationed or deployed in Can15 ada pursuant to a treaty or executive agreement in fur16 therance of a border security initiative, engages in conduct 

17 (or conspires or attempts to engage in conduct) in Canada 

18 that would constitute an offense for which a person may 

19 be prosecuted in a court of the United States had the con20 duct been engaged in within the United States or within 

21 the special maritime and territorial jurisdiction of the 

22 United States shall be punished as provided for that of23 fense. 

24 ‘‘(b) DEFINITIONS.—In this section: 

25 ‘‘(1) EMPLOYED BY ANY DEPARTMENT OR

26 AGENCY OF THE UNITED STATES OTHER THAN THE


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1 DEPARTMENT OF DEFENSE.—The term ‘employed 

2 by any department or agency of the United States 

3 other than the Department of Defense’ means— 

4 ‘‘(A) being employed as a civilian em5 ployee, a contractor (including a subcontractor 

6 at any tier), an employee of a contractor (or a 

7 subcontractor at any tier), a grantee (including 

8 a contractor of a grantee or a subgrantee or 

9 subcontractor at any tier), or an employee of a 

10 grantee (or a contractor of a grantee or a sub11 grantee or subcontractor at any tier) of any de12 partment or agency of the United States other 

13 than the Department of Defense; 

14 ‘‘(B) being present or residing in Canada 

15 in connection with such employment; and 

16 ‘‘(C) not being a national of or ordinarily 

17 resident in Canada. 

18 ‘‘(2) GRANT AGREEMENT.—The term ‘grant 

19 agreement’ means a legal instrument described in 

20 section 6304 or 6305 of title 31, other than an 

21 agreement between the United States and a State, 

22 local, or foreign government or an international or23 ganization. 


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1 ‘‘(3) GRANTEE.—The term ‘grantee’ means a 

2 party, other than the United States, to a grant 

3 agreement.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 Part II of title 18, United States Code, is amended— 

6 (1) in the table of chapters, by striking the item 

7 relating to chapter 212A and inserting the following: 

‘‘212A. Extraterritorial jurisdiction over certain offenses ....................... 3271’’. 

8 (2) in the table of sections for chapter 212A, by 

9 inserting after the item relating to section 3272 the 

10 following: 

‘‘3273. Offenses committed by United States personnel stationed in Canada in 

furtherance of border security initiatives.’’. 

Æ 


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