[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[Senate]
[Pages S4275-S4276]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2444. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe 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)--
       (A) in paragraph (1), by striking ``the Congress'' and 
     inserting ``the Select Committee on Intelligence and the 
     Committee on Foreign Relations of the Senate and the 
     Permanent Select Committee on Intelligence and the Committee 
     on Foreign Affairs of the House of Representatives'';
       (B) in paragraph (2)--
       (i) in subparagraph (F), by striking ``subsection (c)'' and 
     inserting ``subsection (d)''; and
       (ii) 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).'';
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, except that the information 
     described in subparagraphs (G) and (H) of paragraph (2) may 
     be included in a classified annex.'';
       (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 the Select Committee 
     on Intelligence and the Committee on Foreign Relations of the 
     Senate and the Permanent Select Committee on Intelligence and 
     the Committee on Foreign Affairs of the House of 
     Representatives 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 the individuals identified under subsection 
     (a)(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 the Select Committee on 
     Intelligence and the Committee on Foreign Relations of the 
     Senate and the Permanent Select Committee on Intelligence and 
     the Committee on Foreign Affairs of the House of 
     Representatives a report detailing such assessment.

[[Page S4276]]

       ``(3) Continued diplomatic accreditation in national 
     security interest.--If the Secretary of State assesses that 
     continued diplomatic accreditation of an individual 
     identified under subsection (a)(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 the Select Committee on 
     Intelligence and the Committee on Foreign Relations of the 
     Senate and the Permanent Select Committee on Intelligence and 
     the Committee on Foreign Affairs of the House of 
     Representatives a report detailing such assessment.''.
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