S.Amdt. 2444

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.''.
______