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Calendar No. 247
105th CONGRESS
1st Session
S. 759
_______________________________________________________________________
A BILL
To provide for an annual report to Congress concerning diplomatic
immunity.
_______________________________________________________________________
November 4, 1997
Reported with an amendment and an amendment to the title
Calendar No. 247
105th CONGRESS
1st Session
S. 759
To provide for an annual report to Congress concerning diplomatic
immunity.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 1997
Mr. Coverdell introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
November 4, 1997
Reported by Mr. Helms, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for an annual report to Congress concerning diplomatic
immunity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. REPORTS AND POLICY CONCERNING DIPLOMATIC
IMMUNITY.</DELETED>
<DELETED> (a) Findings.--The Congress makes the following
findings:</DELETED>
<DELETED> (1) The United States was founded on the principle
that all men are equal before the law and anyone, rich or poor,
is entitled to the protection of the law and also subject to
just penalties under the law.</DELETED>
<DELETED> (2) International treaties regarding diplomatic
and consular immunity place diplomatic and consular officials
from foreign countries in the unique situation of being above
the law and not subject to prosecution for criminal offenses
committed in the country in which they serve, or their home
country.</DELETED>
<DELETED> (3) Recent events indicate that this situation is
endangering the safety and security of citizens and other
persons residing in the United States.</DELETED>
<DELETED> (4) It is incumbent on the President and the
Secretary of State to alleviate the injustice of the situation
regarding diplomatic and consular immunity.</DELETED>
<DELETED> (b) Annual Report Concerning Diplomatic Immunity.--
</DELETED>
<DELETED> (1) Report to congress.--The Secretary of State
shall prepare and submit to the Congress, annually, a report
concerning diplomatic immunity entitled ``Report on Cases
Involving Diplomatic Immunity''.</DELETED>
<DELETED> (2) Content of report.--In addition to such other
information as the Secretary of State may consider appropriate,
the report under paragraph (1) shall include the
following:</DELETED>
<DELETED> (A) The number of persons residing in the
United States who enjoy full immunity from the criminal
jurisdiction of the United States under laws extending
diplomatic privileges and immunities.</DELETED>
<DELETED> (B) Each case involving an alien described
in subparagraph (A) in which the appropriate
authorities of a State, a political subdivision of a
State, or the United States reported to the Department
of State that the authority had reasonable cause to
believe the alien committed a serious criminal offense
within the United States.</DELETED>
<DELETED> (C) Each case in which the United States
has certified that a person enjoys full immunity from
the criminal jurisdiction of the United States under
laws extending diplomatic privileges and
immunities.</DELETED>
<DELETED> (D) The number of United States citizens
who are residing in a receiving State and who enjoy
full immunity from the criminal jurisdiction of such
State under laws extending diplomatic privileges and
immunities.</DELETED>
<DELETED> (E) Each case involving a United States
citizen under subparagraph (D) in which the United
States has been requested by the government of a
receiving State to waive the immunity from criminal
jurisdiction of the United States citizen.</DELETED>
<DELETED> (3) Serious criminal offense defined.--The term
``serious criminal offense'' means--</DELETED>
<DELETED> (A) any felony under Federal, State, or
local law;</DELETED>
<DELETED> (B) any Federal, State, or local offense
punishable by a term of imprisonment of more than 1
year;</DELETED>
<DELETED> (C) any crime of violence as defined for
purposes of section 16 of title 18, United States Code;
or</DELETED>
<DELETED> (D) driving under the influence of alcohol
or drugs or driving while intoxicated if the case
involves personal injury to another
individual.</DELETED>
<DELETED> (c) United States Policy Concerning Reform of Diplomatic
Immunity.--It is the sense of the Congress that the Secretary of State
should explore, in appropriate fora, whether States should enter into
agreements and adopt legislation--</DELETED>
<DELETED> (1) to provide jurisdiction in the sending State
to prosecute crimes committed in the receiving State by persons
entitled to immunity from criminal jurisdiction under laws
extending diplomatic privileges and immunities; and</DELETED>
<DELETED> (2) to provide that where there is probable cause
to believe that an individual who is entitled to immunity from
the criminal jurisdiction of the receiving State under laws
extending diplomatic privileges and immunities committed a
serious crime, the sending State will waive such immunity or
the sending State will prosecute such individual.</DELETED>
SECTION 1. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
Title I, of the State Department Basic Authorities Act of 1956 (22
U.S.C. 4301 et seq.; commonly referred to as the ``Foreign Missions
Act'') is amended by inserting after section 204A the following new
section:
``SEC. 204B. CRIMES COMMITTED BY DIPLOMATS.
``(a) Annual Report Concerning Diplomatic Immunity.--
``(1) Report to congress.--The Secretary of State shall
prepare and submit to the Congress, annually, a report
concerning diplomatic immunity entitled ``Report on Cases
Involving Diplomatic Immunity''.
``(2) Content of report.--In addition to such other
information as the Secretary of State may consider appropriate,
the report under paragraph (1) shall include the following:
``(A) The number of persons residing in the United
States who enjoy full immunity from the criminal
jurisdiction of the United States under laws extending
diplomatic privileges and immunities.
``(B) Each case involving an alien described in
subparagraph (A) in which an appropriate authority of a
State, a political subdivision of a State, or the
United States reported to the Department of State that
the authority had reasonable cause to believe the alien
committed a serious criminal offense within the United
States, and any additional information provided to the
Secretary relating to other serious criminal offenses
that any such authority had reasonable cause to believe
the alien committed before the period covered by the
report. The Secretary may omit from such report any
matter the provision of which the Secretary reasonably
believes would compromise a criminal investigation or
prosecution or which would directly compromise law
enforcement or intelligence sources or methods.
``(C) Each case described in subparagraph (B) in
which the Secretary of State has certified that a
person enjoys full immunity from the criminal
jurisdiction of the United States under laws extending
diplomatic privileges and immunities.
``(D) The number of United States citizens who are
residing in a receiving state and who enjoy full
immunity from the criminal jurisdiction of such state
under laws extending diplomatic privileges and
immunities.
``(E) Each case involving a United States citizen
under subparagraph (D) in which the United States has
been requested by the government of a receiving state
to waive the immunity from criminal jurisdiction of the
United States citizen.
``(F) Whether the Secretary has made the
notifications referred to in subsection (c) during the
period covered by the report.
``(3) Serious criminal offense defined.--For the purposes
of this section, the term `serious criminal offense' means--
``(A) any felony under Federal, State, or local
law;
``(B) any Federal, State, or local offense
punishable by a term of imprisonment of more than 1
year;
``(C) any crime of violence as defined for purposes
of section 16 of title 18, United States Code; or
``(D)(i) driving under the influence of alcohol or
drugs;
``(ii) reckless driving; or
``(iii) driving while intoxicated.
``(b) United States Policy Concerning Reform of Diplomatic
Immunity.--It is the sense of the Congress that the Secretary of State
should explore, in appropriate fora, whether states should enter into
agreements and adopt legislation--
``(1) to provide jurisdiction in the sending state to
prosecute crimes committed in the receiving state by persons
entitled to immunity from criminal jurisdiction under laws
extending diplomatic privileges and immunities; and
``(2) to provide that where there is probable cause to
believe that an individual who is entitled to immunity from the
criminal jurisdiction of the receiving state under laws
extending diplomatic privileges and immunities committed a
serious crime, the sending state will waive such immunity or
the sending state will prosecute such individual.
``(c) Notification of Diplomatic Corps.--The Secretary should
periodically notify each foreign mission of United States policies
relating to criminal offenses committed by individuals with immunity
from the criminal jurisdiction of the United States under laws
extending diplomatic privileges and immunities.''.
Amend the title to read as follows: ``A Bill to amend the
State Department Basic Authorities Act of 1956 to require the
Secretary of State to submit an annual report to Congress
concerning diplomatic immunity.''.
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