Text: S.2612 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in Senate (03/01/2016)


114th CONGRESS
2d Session
S. 2612


To ensure United States jurisdiction over offenses committed by United States personnel stationed in Canada in furtherance of border security initiatives.


IN THE SENATE OF THE UNITED STATES

March 1, 2016

Mr. Leahy (for himself, Ms. Murkowski, Mr. Schumer, Mr. Johnson, Ms. Heitkamp, Mrs. Shaheen, Ms. Cantwell, Mrs. Murray, and Mrs. Gillibrand) introduced the following bill; which was read twice and 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.

Be it enacted by the Senate and House of Representatives 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”.

SEC. 2. Jurisdiction over offenses committed by 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 United States personnel stationed in Canada in furtherance of border security initiatives

“(a) In general.—Whoever, while employed by any department or agency of the United States other than the Department of Defense and stationed or deployed in Canada pursuant to a treaty or executive agreement 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 punished as provided for that offense.

“(b) Definitions.—In this section:

“(1) EMPLOYED BY ANY DEPARTMENT OR AGENCY OF THE UNITED STATES OTHER THAN THE DEPARTMENT OF DEFENSE.—The term ‘employed by any department or agency of the United States other than the Department of Defense’ means—

“(A) being employed as a civilian employee, a contractor (including a subcontractor at any tier), an employee of a contractor (or a subcontractor at any tier), a grantee (including a contractor of a grantee or a subgrantee or subcontractor at any tier), or an employee of a grantee (or a contractor of a grantee or a subgrantee or subcontractor at any tier) of any department or agency of the United States other than the Department of Defense;

“(B) being present or residing in Canada in connection with such employment; and

“(C) not being a national of or ordinarily resident in Canada.

“(2) GRANT AGREEMENT.—The term ‘grant agreement’ means a legal instrument described in section 6304 or 6305 of title 31, other than an agreement between the United States and a State, local, or foreign government or an international organization.

“(3) GRANTEE.—The term ‘grantee’ means a party, other than the United States, to a grant agreement.”.

(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 United States personnel stationed in Canada in furtherance of border security initiatives.”.


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