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[114th Congress Public Law 316]
[From the U.S. Government Publishing Office]

[[Page 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. <<NOTE: 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, <<NOTE: 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, <<NOTE: 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:
``Sec. 3273. <<NOTE: 18 USC 3273.>>  Offenses committed by certain 
                  United States personnel stationed in Canada in 
                  furtherance of border security initiatives

    ``(a) <<NOTE: 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--

[[Page 130 STAT. 1594]]

            (1) <<NOTE: 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, <<NOTE: 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.

                                  <all>
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