I 
114TH CONGRESS 
2D SESSION 
H. R. 6431 
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 
DECEMBER 2, 2016 
Ms. KUSTER (for herself and Ms. STEFANIK) 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 fur-
therance of border security initiatives. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. JURISDICTION OVER OFFENSES COMMITTED BY 
CERTAIN UNITED STATES PERSONNEL STA-
TIONED 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 further-
ance 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 ‘em-
ployed by the Department of Homeland Security or the 
Department of Justice’ means— 
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‘‘(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 resi-
dent 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 Can-
ada in furtherance of border security initiatives.’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or the amendments made by this section shall be con-
strued to infringe upon or otherwise affect the exercise 
of prosecutorial discretion by the Department of Justice 
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in implementing this section and the amendments made 
by this section. 
Æ 
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