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. 

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: 

‘‘§ 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— 

Penalties. 

18 USC 3273. 

18 USC 

prec. 3271. 

Promoting 

Travel, 

Commerce, and 

National Security 

Act of 2016. 

18 USC 1 note. 

Dec. 16, 2016 

[H.R. 6431] 


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130 STAT. 1594 PUBLIC LAW 114–316—DEC. 16, 2016 

LEGISLATIVE HISTORY—H.R. 6431: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Dec. 7, considered and passed House. 

Dec. 9, considered and passed Senate. 

Æ 

(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. 

18 USC 

prec. 3271. 

18 USC 

prec. 3001. 


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