Promoting Travel, Commerce, and National Security Act of 2016

“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.”