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94TH CONGRESS

2p SESSION

Union Calendar No. 819 H. R. 15552

[Report No. 94–1614]

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 14, 1976 Mr. RODINO (for himself, Mr. HUNGATE, Mr. Mann, Mr. WIGGINS, and Mr.

HYDE) introduced the following bill; which was referred to the Committee on the Judiciary

SEPTEMBER 18, 1976 Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend title 18, United States Code, to implement the "Con

vention 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 Representa

2 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”.

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SEC. 2. Section 1116 of title 18, United States Code, is

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1 “g 1116. Murder or manslaughter of foreign officials, offi

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cial guests, or internationally protected persons

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“(a) Whoever kills or attempts to kill a foreign official, 4 official guest, or internationally protected person shall be 5 punished as provided under sections 1111, 1112, and 1113 6 of this title, except that any such person who is found 7 guilty of murder in the first degree shall be sentenced to 8 imprisonment for life, and any such person who is found 9 guilty of attempted murder shall be imprisoned for not more

10 than twenty years.

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“ (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

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protected person by blood or marriage.

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“ (2) Foreign government' means the government

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of a foreign country, irrespective of recognition by the

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“ (3) ‘Foreign official' means

“(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of

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Cabinet rank or above of a foreign government or

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the chief executive officer of an international organi

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zation, or any person who has previously served in

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such capacity, and any member of his family, while

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“(B) any person of a foreign nationality who is duly notified to the United States as an offiecr or employee of a foreign government or international

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organization, and who is in the United States on

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official business, and any member of his family

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whose presence in the United States is in connection

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with the presence of such officer or employee.
(4) 'Internationally protected person' means

“(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 pursuant to international law to special protection against attack upon his person, freedom, or dignity,

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and any member of his family then forming part

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of his household.

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“(5) 'International organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities

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Act (22 U.S.C. 288).

“(6) Official guest' means a citizen or national

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of a foreign country present in the United States as an

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official guest of the Government of the United States

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pursuant to designation as such by the Secretary of

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State.

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* (c) If the victim of an offense under subsection (a) 13 is an internationally protected person, the United States may 14 exercise jurisdiction over the offense if the alleged offender 15 is present within the United States, irrespective of the place 16 where the offense was committed or the nationality of the 17 victim or the alleged offender. As used in this subsection, 18 the United States includes all areas under the jurisdiction of 19 the United States including any of the places within the 20 provisions of sections 5 and 7 of this title and section 101 21 (34) of the Federal Aviation Act of 1958, as amended 22 (49 U.S.C. 1301 (34) ). 23 “(d) In the course of enforcement of this section and

24 any other sections prohibiting a conspiracy or attempt to

25 violate this section, the Attorney General may request

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1 assistance from any Federal, State, or local agency, includ2 ing the Ariny, Navy, and Air Force, any statute, rule, or 3 regulation to the contrary notwithstanding.”. 4 SEC. 3. The analysis at the beginning of chapter 51 of 5 title 18, United States Code, relating to section 1116 is

6 amended to read as follows:

guests, or inter

"1116. Murder or manslaughter of foreign officials, offic

nationally protected persons.".

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SEC. 4. Section 1201 of title 18, United States Code, is

8 amended as follows:

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(a) by deleting subsection (a) (4) and inserting in

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“(4) the person is a foreign official, an internation

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ally protected person, or an official guest as those terms are defined in section 1116 (b) of this title,”; and

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(b) by adding at the end thereof new subsections

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“ (d) Whoever attempts to violate subsection (a) (4)

17 shall be punished by imprisonment for not more than twenty

18 years.

19 “(e) If the victim of an offense under subsection (a) 20 is 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 .

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