Promoting Travel, Commerce, and National Security Act of 2016

Bill: 114-hr-6431
Sponsor: full_name: Rep. Kuster, Ann M. [D-NH-2]
Introduced: 2016-12-02
Policy area: Crime and Law Enforcement
Latest action: action_date: 2016-12-16
text: Became Public Law No: 114-316.

Summaries:
action_date: 2016-12-02
action_desc: Introduced in House
text: <p><b>Promoting Travel, Commerce, and National Security Act of 2016</b></p> <p>This bill amends the federal criminal code to allow the United States to prosecute certain U.S. employees who engage in conduct in Canada that would constitute a federal criminal offense if the conduct had occurred in the United States. This bill applies to a Department of Homeland Security or Department of Justice employee, contractor, or employee of a contractor who is stationed in Canada pursuant to a border security initiative. </p>

action_date: 2016-12-16
action_desc: Public Law
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Promoting Travel, Commerce, and National Security Act of 2016</b></p> <p>(Sec. 2) This bill amends the federal criminal code to allow the United States to prosecute certain U.S. employees who engage in conduct in Canada that would constitute a federal criminal offense if the conduct had occurred in the United States. This bill applies to a Department of Homeland Security or Department of Justice employee, contractor, or employee of a contractor who is stationed in Canada pursuant to a border security initiative. </p>

tv_txt: I 114th CONGRESS 2d Session H. R. 6431 IN THE HOUSE OF REPRESENTATIVES AN ACT To ensure United States jurisdiction over offenses committed by United States personnel stationed in Canada in furtherance of border security initiatives.

1. Short title This Act may be cited as the Promoting Travel, Commerce, and National Security Act of 2016 . 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— (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.

Passed the House of Representatives December 7, 2016. Karen L. Haas, Clerk.

tv_txt: I One Hundred Fourteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen H. R. 6431 AN ACT To ensure United States jurisdiction over offenses committed by United States personnel stationed in Canada in furtherance of border security initiatives.

1. Short title This Act may be cited as the Promoting Travel, Commerce, and National Security Act of 2016 . 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— (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.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: I 114th CONGRESS 2d Session H. R. 6431 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 furtherance of border security initiatives.

1. Short title This Act may be cited as the Promoting Travel, Commerce, and National Security Act of 2016 . 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— (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.

tv_txt: II 114th CONGRESS 2d Session H. R. 6431 IN THE SENATE OF THE UNITED STATES December 8, 2016 Received AN ACT To ensure United States jurisdiction over offenses committed by United States personnel stationed in Canada in furtherance of border security initiatives.

1. Short title This Act may be cited as the Promoting Travel, Commerce, and National Security Act of 2016 . 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— (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.

Passed the House of Representatives December 7, 2016. Karen L. Haas, Clerk