(a)
(b)
(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.
Rule of Construction
Pub. L. 114–316, §2(c), Dec. 16, 2016, 130 Stat. 1594, provided that: "Nothing in this section [enacting 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."