[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6415 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6415

      To limit immunity from criminal jurisdiction for accredited 
    representatives of foreign governments to the United States and 
accredited representatives of foreign governments to the United Nations 
  with respect to acts of disbursing radioactive or other substances 
 posing a lasting, clear and present danger to public health, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2006

  Mr. Kirk (for himself and Mr. Larsen of Washington) introduced the 
 following bill; which was referred to the Committee on International 
                               Relations

_______________________________________________________________________

                                 A BILL



      To limit immunity from criminal jurisdiction for accredited 
    representatives of foreign governments to the United States and 
accredited representatives of foreign governments to the United Nations 
  with respect to acts of disbursing radioactive or other substances 
 posing a lasting, clear and present danger to public health, and for 
                            other purposes.

    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 ``Polonium Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Convention on the privileges and immunities of the 
        united nations.--The term ``Convention on the Privileges and 
        Immunities of the United Nations'' means the Convention on the 
        Privileges and Immunities of the United Nations, signed at New 
        York on February 13, 1946, and entered into force with respect 
        to the United States on April 29, 1970 (21 UST 1418).
            (2) Radioactive or other substances posing a lasting, clear 
        and present danger to public health.--The term ``radioactive or 
        other substances posing a lasting, clear and present danger to 
        public health'' means radioactive, biological, chemical, 
        fissile or other substances, including the following: Polonium, 
        Plutonium, Uranium, Anthrax,  Botulinum Toxin, Brucellosis, 
        Cholera, Clostridium Perfringens Toxin, Crimean-Congo 
        Hemorrhagic Fever, Ebola, Hemorrhagic Fever, Melioidosis, 
        Plague, Q Fever, Ricin, Rift Valley Fever, Saxitoxin, Smallpox, 
        Staphylococcal Enterotoxin B, Trichothecene Mycotoxin, 
        Venezuelan Equine Encephalitis, Nitrogen Mustard, 
        Anticholinesterase agents, Sarin, Salmonella, E Coli, and Foot-
        and-mouth disease, and any other agents and toxins as 
        identified by the Department of Health and Human Services and 
        the Department of Agriculture under part 331 of title 7, part 
        121 of title 9, or part 73 of title 42, Code of Federal 
        Regulations.
            (3) Vienna convention on diplomatic relations.--The term 
        ``Vienna Convention on Diplomatic Relations'' means the Vienna 
        Convention on Diplomatic Relations, signed at Vienna on April 
        18, 1961, and entered into force with respect to the United 
        States on December 13, 1972 (23 UST 3227).

SEC. 3. LIMITATION ON DIPLOMATIC IMMUNITY.

    (a) Limitation.--Notwithstanding any other provision of law, 
beginning on the date of the enactment of this Act, accreditation of a 
representative of a foreign government to the United States under the 
Vienna Convention on Diplomatic Relations and accreditation of a 
representative of a foreign government to the United Nations under the 
Convention on the Privileges and Immunities of the United Nations shall 
be deemed to be an express waiver of immunity from criminal 
jurisdiction for the representative under the applicable Convention 
with respect to an act of disbursing radioactive or other substances 
posing a lasting, clear and present danger to public health.
    (b) Waiver.--The President may waive the application of subsection 
(a) with respect to the waiver of immunity from criminal jurisdiction 
for a representative of a foreign government if the President 
determines and certifies to Congress that it is in national security 
interest of the United States to do so.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that the Government of the United 
States should propose amendments to the Vienna Convention on Diplomatic 
Relations and the Convention on the Privileges and Immunities of the 
United Nations to ensure that persons who enjoy immunity from criminal 
jurisdiction under such Conventions do not receive immunity from 
criminal jurisdiction with respect to acts of disbursing radioactive or 
other substances posing a lasting, clear and present danger to public 
health.
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