94TH CONGRESS 2D SESSION H. R. 12942 IN THE HOUSE OF REPRESENTATIVES MARCH 31, 1976 Mr. WIGGINS introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to implement the “Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance" and the "Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents", and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Act for the Prevention 4 and Punishment of Crimes Against Internationally Protected 5 Persons". 6 SEC. 2. Section 1116 of title 18, United States Code, 7 is amended to read as follows: I 2 1 "81116. Murder or manslaughter of foreign officials, 2 3 4 official guests, or internationally protected persons "(a) Whoever kills or attempts to kill a foreign official, 5 official guest, or internationally protected person shall be 6 punished as provided under sections 1111, 1112, and 1113 7 of this title, except that any such person who is found guilty 8 of murder in the first degree shall be sentenced to imprison9 ment for life, and any person who is found guilty of at10 tempted murder shall be imprisoned for not more than twenty 11 years. (b) For the purposes of this section: "(1) Family' includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. "(2) Foreign government' means the government of a foreign country, irrespective of recognition by the United States. "(3) Foreign official' means "(A) a chief of state or the political equiva lent, president, vice president, prime minister, 3 ambassador, foreign minister, or other officer of cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and "(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family "(A) a chief of state or the political equivalent, head of government, or foreign minister whenever such person is in a country other than his own and any member of his family accompanying him; or "(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pur suant to international law to special protection 1 2 3 4 5 6 བ 7 8 9 10 11 12 23 13 4 against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. "(5) 'International organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). "(6) 'Official guest' means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. "(c) If the victim of an offense under subsection (a) 14 is an internationally protected person, the United States may 15 exercise jurisdiction over the offense if the alleged offender is 16 present within the United States, irrespective of the place 17 where the offense was committed or the nationality of the 18 victim or the alleged offender. As used in this subsection, the 19 United States includes all areas under the jurisdiction of the 20 United States including any of the places within the provi21 sions of sections 5 and 7 of this title and sections 101 (34) of 22 the Federal Aviation Act of 1958, as amended (49 U.S.C. 23 1301 (34)). 24 "(d) In the course of enforcement of this section and 25 any other sections prohibiting a conspiracy or attempt to 5 1 violate this section, the Attorney General may request 2 assistance from any Federal, State, or local agency, including 3 the Army, Navy, and Air Force, any statute, rule, or regula4 tion to the contrary, notwithstanding.". 5 SEC. 3. The analysis at the beginning of chapter 51 of 6 title 18, United States Code, relating to section 1116 is 7 amended to read as follows: 8 "1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons.". SEC. 4. Section 1201 of title 18, United States Code, 9 is amended as follows: 10 11 12 (a) by deleting subsection (a) (4) and inserting in lieu thereof the following: "(a) (4) the person is a foreign official, an internation 13 ally protected person, or an official guest as those terms are 14 defined in section 116 (b) of this title,”. (b) by adding at the end thereof new subsections (d), (e), and (f) as follows: 15 16 17 "(d) Whoever attempts to violate this section shall be 19 18 punished by imprisonment for not more than twenty years. "(e) If the victim of an offense under subsection (a) is 20 an internationally protected person, the United States may 21 exercise jurisdiction over the offense if the alleged offender 22 is present within the United States, irrespective of the place 23 where the offense was committed or the nationality of the |