I 112th CONGRESS 1st Session H. R. 1836 IN THE HOUSE OF REPRESENTATIVES May 11, 2011 Mr. Grimm (for himself, Mr. Towns, and Mr. King of New York) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish appropriate procedures and sanctions to ensure that unpaid parking fines and penalties owed to New York City by foreign countries are paid.

1.

Findings and purpose

(a)

Findings

Congress finds the following: (1)The City of New York is host to the diplomatic representatives of 289 missions and consulates of foreign countries located in the city. (2)Foreign diplomats in New York City incurred more than $17.2 million dollars in fines and penalties on parking tickets issued by the municipality. (3)Many of the parking fines were issued due to safety violations, including the blocking of fire hydrants, which put lives of residents of the city in danger. (4)The legal doctrine of diplomatic immunity prohibits the imposition of traditional sanctions to ensure payment of such parking fines. (5)Section 545 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107–115) provided that an amount equivalent to 110 percent of the total unpaid fully adjudicated parking fines and penalties owed to the District of Columbia and New York City, New York by such country as of the date of the enactment of this Act that were incurred after the first day of the fiscal year preceding the current fiscal year shall be withheld from obligation for such country until the Secretary of State certifies and reports in writing to the appropriate congressional committees that such fines and penalties are fully paid to the governments of the District of Columbia and New York City, New York. (b)

Purpose

It is the purpose of this Act to establish appropriate procedures and sanctions to ensure that parking fines and penalties incurred in New York, New York, by foreign countries are paid.

2.

Sanctions

(a)

In general

Whenever a foreign country owes to New York, New York, unpaid fully adjudicated parking fines and penalties as of September 15 of each year, and until the Secretary of State receives certification that such fines and penalties have been paid— (1)the Secretary of State shall deny the issuance or renewal of any diplomatic license plates for vehicles for that country; (2)notwithstanding any other provision of law, the Secretary of State shall withhold from obligation funds available for that country under part I of the Foreign Assistance Act of 1961; and (3)notwithstanding any other provision of law, unobligated funds available for that country under part I of the Foreign Assistance Act of 1961 are authorized to be reappropriated to pay any fully adjudicated parking fines and penalties owed by that country to New York, New York. (b)

Standard for determination

For the purposes of this Act, the term fully adjudicated includes circumstances in which the registrant has not responded to the parking violation summons or has not followed the appropriate adjudication procedure to challenge the summons and the period of time for payment or challenge of the summons has lapsed.