[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12206-S12207]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          LOBBYING DISCLOSURE TECHNICAL AMENDMENTS ACT OF 1997

  Mr. CRAIG. Mr. President, I ask unanimous consent that the Senate now 
proceed to consideration of calendar item No. 247, S. 759.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 759) to provide for an annual report to Congress 
     concerning diplomatic immunity.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Foreign Relations, with 
an amendment to strike all after the enacting clause and inserting in 
lieu there of the following:

     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.''.

  Mr. CRAIG. Mr. President, I ask unanimous consent that the committee 
substitute be agreed to, the bill be considered read the third time, 
and passed, the motion to reconsider be laid upon the table, the title 
amendment be agreed to, and any statements relating to the bill appear 
at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 759) was considered read the third time.
  The title was amended so as to read:

       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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