S.Amdt. 4681
What it does: Adds SEC. ___. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN UNITED STATES PERSONNEL STATIONED IN CANADA wherever appropriateWhat it changes
1 change to H.R. 2578
Adds SEC. ___. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN UNITED STATES PERSONNEL STATIONED IN CANADA wherever appropriate
Adds a sectionInserted: SEC. ___. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN UNITED STATES PERSONNEL STATIONED IN CANADA.
Inserted: (a) Short Title.--This section may be cited as the "Promoting Travel, Commerce, and National Security Act of 2016".
Inserted: (b) Amendment.--Chapter 212A of title 18, United States Code, is amended--
Inserted: (1) in the chapter heading, by striking "TRAFFICKING IN PERSONS"; and
Inserted: (2) by adding after section 3272 the following:
Inserted: "Sec. 3273. Offenses committed by certain United States personnel stationed in Canada in furtherance of border security initiatives
Inserted: "(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.
Inserted: "(b) Definition.--In this section, the term 'employed by the Department of Homeland Security or the Department of Justice' means--
Inserted: "(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;
Inserted: "(2) being present or residing in Canada in connection with such employment; and
Inserted: "(3) not being a national of or ordinarily resident in Canada.".
Inserted: (c) Technical and Conforming Amendments.--Part II of title 18, United States Code, is amended--
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Inserted: (1) in the table of chapters, by striking the item relating to chapter 212A and inserting the following:
Inserted: "212A. Extraterritorial jurisdiction over certain offenses3271";....
Inserted: and
Inserted: (2) in the table of sections for chapter 212A, by inserting after the item relating to section 3272 the following:
Inserted: "3273. Offenses committed by certain United States personnel stationed in Canada in furtherance of border security initiatives.".
Inserted: (d) 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.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 4681. Mr. JOHNSON (for himself, Mr. Leahy, Ms. Murkowski, and Mr. Schumer) submitted an amendment intended to be proposed by him to the bill H.R. 2578, making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2016, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN UNITED STATES PERSONNEL STATIONED IN CANADA.
(a) Short Title.--This section may be cited as the “Promoting Travel, Commerce, and National Security Act of 2016”.
(b) 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.”.
(c) 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 offenses3271”;....
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.”.
(d) 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.
Legislative Activity
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Senate amendment submitted
June 14, 2016
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Senate amendment submitted
June 14, 2016
Senate amendment submitted
June 14, 2016