[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 759 Reported in Senate (RS)]





                                                       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.''.