Sense of Congress regarding certain diplomatic personnel of Canada

(a) Findings Congress finds that— (1) Article 9 of the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, permits a receiving state, at any time and without having to explain its decision, to notify a sending state that the head of mission or another member of the diplomatic staff is persona non grata; (2) upon such notification, the sending state is expected, as appropriate, to recall the person concerned or terminate the person’s functions with the mission; and (3) continued material transboundary smoke events, combined with the failure of the Government of Canada to take adequate corrective action, warrant a substantial diplomatic response. (b) Sense of congress It is the sense of Congress that, until the President submits the certification required under section 13, the Secretary of State should consider declaring persona non grata, pursuant to applicable international law and diplomatic practice, the following accredited diplomatic personnel of the Government of Canada, or the equivalent person as determined by the Secretary of State; (1) The Ambassador Extraordinary and Plenipotentiary; (2) The Deputy Chief of Mission; (3) The Minister Counselor for Political Affairs; (4) The Minister Counselor for Economic Affairs; (5) The Minister Counselor for Environment, Climate, and Natural Resources; (6) The Minister Counselor for Agriculture and Forestry; (7) The Minister Counselor for Science, Technology, and Innovation; (8) The Minister Counselor for Public Diplomacy and Strategic Communications; (9) The Defense Attaché; (10) The Commercial Counselor; (11) The Consul Generals assigned to Chicago, Detroit, Minneapolis, and New York; (12) The First Secretary for Environmental Cooperation; (13) The First Secretary for Energy and Natural Resources; (14) The First Secretary for Economic Affairs; (15) The Press Counselor or Embassy Spokesperson; or (16) Any substantially equivalent diplomatic officer, counselor, attaché, secretary, consul, or accredited representative of the Government of Canada, as determined by the Secretary of State, whose official responsibilities include environmental policy, forestry, wildfire management, emergency response, natural resources, economic affairs, public diplomacy, scientific cooperation, or other matters related to the prevention, mitigation, monitoring, or public communication of transboundary wildfire smoke. (c) Presidential certification No replacement ambassador or other diplomatic personnel referenced in subsection (b) may present credentials until the President certifies that the AQI in affected United States communities has remained below 100 for 90 consecutive days due to the cessation of smoke originating in Canada. (d) Rule of construction Nothing in this section shall be construed— (1) to require the President to receive, reject, recognize, or maintain diplomatic relations with any particular diplomatic representative; (2) to alter the authority of the President or the Secretary of State with respect to the conduct of diplomatic relations; or (3) to modify the privileges and immunities afforded under the Vienna Convention on Diplomatic Relations, the Diplomatic Relations Act (22 U.S.C. 254a et seq.), or any other applicable law or international agreement.