PUBLIC LAW 101-246—FEB. 16, 1990 104 STAT. 31 PART C—DIPLOMATIC IMMUNITY, RECIPROCITY, AND SECURITY SEC. 131. EXCLUSION OF ALIENS PREVIOUSLY INVOLVED IN SERIOUS CRIMINAL OFFENSES COMMITTED IN THE UNITED STATES. (a) GROUNDS OF EXCLUSION.— Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended— (1) by striking out the period at the end of paragraph (33) and inserting in lieu thereof a semicolon; and (2) by adding after paragraph (33) the following new paragraph: "(34) Any alien who has committed in the United States any serious criminal offense, as defined in section 101(h), for whom immunity from criminal jurisdiction was exercised with respect to that offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United States with jurisdiction over the offense.". (b) DEFINITION.— Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by adding at the end thereof the following new subsection: "(h) For purposes of section 212(a)(34), the term 'serious criminal offense' means— "(1) any felony; "(2) any crime of violence, as defined in section 16 of title 18 of the United States Code; or "(3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.". (c) WAIVER. —Section 212(h) of the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended by striking out "or (12)" and inserting in lieu thereof "(12), or (34)", (d) REPORT CONCERNING COMPENSATION AND DIPLOMATIC IMMU- NITY. — (1) Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit to the appropriate committees of the Congress a report which considers the need and feasibility of establishing a program which makes compensation awards to United States citizens and permanent resident aliens in the United States for physical injury or financial loss which is the result of criminal activity reasonably believed to have been committed by individuals with immunity from criminal jurisdiction as a result of international obligations of the United States arising from multilateral agreements, bilateral agreements, or otherwise under international law. (2) Together with such other information as the Secretary of State considers appropriate, the report shall include— (A) a plan and feasibility analysis for the establishment of such a program, including— (i) specific recommendations for funding, administration, and procedures and standards for compensation and pay- ment of awards; and (ii) particular consideration of the feasibility of an appeals mechanism; (B) an assessment of— (i) the feasibility of establishing a fund; (ii) the availability of existing accounts; or 39-194O-91-3:QL3Part1
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