S.Amdt. 3661

SA 3661. Mr. JOHNSON (for himself, Mr. Leahy, Ms. Murkowski, and Mr.
Schumer) submitted an amendment intended to be proposed to amendment SA
3464 submitted by Mr. Thune (for himself and Mr. Nelson) to the bill
H.R. 636, to amend the Internal Revenue Code of 1986 to permanently
extend increased expensing limitations, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title V, add the following:

SEC. 5032. 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:

``Sec. 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 shall be
construed to infringe upon or otherwise affect the exercise
of the prosecutorial discretion by the Department of Justice
in implementing this provision.
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