[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Page S3733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2285. Mr. SASSE submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1287. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS 
                   CONCERNING DIPLOMATIC IMMUNITY.

       (a) Findings.--Congress makes the following findings:
       (1) According to the January 2019 Worldwide Threat 
     Assessment of the United States Intelligence Community, 
     ``Russia and China will continue to be the leading state 
     intelligence threats to U.S. interests, based on their 
     services' capabilities, intent, and broad operational 
     scopes.''.
       (2) It is necessary to reaffirm for the executive branch 
     the sense of Congress set forth in section 601 of the 
     Intelligence Authorization Act for Fiscal Year 1985 (22 
     U.S.C. 254c-1): ``It is the sense of the Congress that the 
     numbers, status, privileges and immunities, travel, 
     accommodations, and facilities within the United States of 
     official representatives to the United States of any foreign 
     government that engages in intelligence activities within the 
     United States harmful to the national security of the United 
     States should not exceed the respective numbers, status, 
     privileges and immunities, travel accommodations, and 
     facilities within such country of official representatives of 
     the United States to such country.''.
       (b) Additional Reporting Requirements.--Section 204B of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     4304b) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (F), by striking ``subsection (c)'' and 
     inserting ``subsection (d)''; and
       (B) by adding at the end the following new subparagraphs:
       ``(G) The number and names of foreign diplomats with 
     expired diplomatic visas who continue to receive diplomatic 
     accreditation.
       ``(H) The foreign country represented by each diplomat 
     identified under subparagraph (G).'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Certification.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     together with each annual report under subsection (a), the 
     Secretary of State, in coordination with the Director of 
     National Intelligence, shall submit to Congress a 
     certification that the individuals identified under paragraph 
     (2)(G) of that subsection are not engaging in intelligence 
     activities in the United States harmful to the national 
     security of the United States.
       ``(2) Inability to certify.--If the Secretary of State 
     assesses that he or she is unable under paragraph (1) to 
     certify that individuals identified under paragraph (2)(G) 
     are not engaging in intelligence activities in the United 
     States harmful to the national security of the United States, 
     the Secretary shall submit to Congress a report detailing 
     such assessment.
       ``(3) Continued diplomatic accreditation in national 
     security interest.--If the Secretary of State assesses that 
     continued diplomatic accreditation of an individual 
     identified under paragraph (2)(G) is in the national security 
     interests of the United States and the Secretary is therefore 
     unwilling to submit a certification under paragraph (1), the 
     Secretary shall submit to Congress a report detailing such 
     assessment.''.
                                 ______