[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[House]
[Pages H10855-H10857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REQUIRING THE SECRETARY OF STATE TO SUBMIT AN ANNUAL REPORT TO CONGRESS
CONCERNING DIPLOMATIC IMMUNITY
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 759) 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.
The Clerk read as follows:
S. 759
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from Indiana (Mr. Hamilton) each
will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).
General Leave
Mr. GILMAN. Madam Speaker, I ask unanimous consent that all Members
may have 5 days within which to revise and extend their remarks on S.
759.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Madam Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Madam Speaker, I am pleased to bring this bill before the
House sponsored by the gentleman from San Dimas, California (Mr.
Dreier), the distinguished senior member of the Committee on Rules.
This is a measure that is substantially identical to a provision that
has passed the House, is a portion of another bill, the enactment of
which into law is still uncertain in the other body. It is
noncontroversial, and it is backed by organizations such as the
Fraternal Order of Police, and the calls upon the President to seek to
reform the practice of diplomatic immunity so as to assure that
diplomats who commit crime are punished either in the country where
they are posted or in their home country. It also provides for
enhancing reporting of crimes by diplomats in this Nation and
encourages the Secretary of State to communicate clearly to foreign
missions in our Nation our Nation's policy of zero tolerance for
diplomatic crimes.
This bill is a counterpart of a bill, H.R. 1672 introduced by the
gentleman from California (Mr. Dreier) who has
[[Page H10856]]
been a leader in the effort to accomplish sensible reform of diplomatic
immunity, and the passage of this bill at this time is a tribute to Mr.
Dreier's dedication. The gentleman from California is an
internationalist who recognizes the importance of American diplomatic
missions abroad and of the presence of their counterparts in our
Nation. But he also understands that diplomats should not be able to
have free rein to commit crimes.
I should note that the legislation also draws on elements of an
amendment propounded by H.R. 1757 by the gentleman from Colorado (Mr.
Hefley). I salute his contributions and, of course, the leadership of
the senator from Georgia, Mr. Coverdell who is a sponsor of the Senate
bill which we are considering today.
This bill is worthy legislation, and it deserves the support of our
colleagues.
Madam Speaker, I reserve the balance of my time.
Mr. HAMILTON. Madam Speaker, I yield myself such time as I may
consume, and I rise in support of the bill.
Let me begin by commending the distinguished chairman of the
committee, the gentleman from New York (Mr. Gilman), and Senator
Coverdell and the gentleman from California (Mr. Dreier) for their work
in bringing this bill to the floor today. The bill would require the
State Department to provide an annual report to Congress on foreign
diplomats in the United States who commit serious crimes. I think it is
a very worthy bill. Such a report would enable us to determine the
gravity of offenses committed by foreign diplomats and the number of
times diplomatic immunity has been requested by foreign government in
U.S. prosecutions. At the same time the report would also track cases
where foreign countries have asked the United States to waive immunity
for U.S. diplomats who have committed serious crimes. So I think the
report does serve a useful purpose.
My only concern about the bill is, of course, the number of times we
place upon the administration the burden and the cost of reports, and
we have to be cognizant of that, but I do recognize hear the
information that is required by this report can be very helpful to us
in assessing this possible abuse of diplomatic immunity.
I urge my colleagues to join me in support of this bill.
Madam Speaker I reserve the balance of my time.
Mr. GILMAN. Madam Speaker, I yield such time as he may consume to the
gentleman from San Dimas, California (Mr. Dreier), the author of this
measure.
{time} 1200
Mr. DREIER. Madam Speaker, I thank my friend from Middletown, the
distinguished chairman of the Committee on International Relations, and
I appreciate his strong support and leadership on this issue in helping
us shepherd it through.
I would also like to say to my friend the gentleman from Indiana (Mr.
Hamilton) that I have appreciated his understanding of the need to deal
with what obviously is a very important issue and his support, as he
just stated, of the legislation.
Let me just take one moment, and I know that I had the privilege
during the special order that we had the other evening to enter some
very strong words in support of Lee Hamilton and making it clear he is
going to be sorely missed when he retires at the end of this Congress,
and we do not know exactly when that will be, so his service may be
extending further than he anticipated. We already know, having gone for
several days, that it has done that.
But it has been a privilege for me to have worked closely with Lee
Hamilton on a number of issues. This obviously is one of them, issues
dealing with the committee which he used to Chair and now, I am happy
to say, serves as ranking minority member of the Committee on
International Relations, formerly the Committee on Foreign Affairs, and
I should say that actually is one of the issues we spent a great deal
of time working on, trying our darnedest to bring about a modicum of
reform of this institution.
We had the privilege in 1993, I guess that was the 103d Congress, to
work together on an overall reform of the institution. I was privileged
to serve as his co-vice chairman of what was called the Joint Committee
on the Organization of Congress. Unfortunately, we were not able to get
many, really none of those recommendations, that we had through in the
103d Congress. But when we did come to majority in 1995, we were able
to take large parts of the work product which Lee Hamilton had overseen
and were able to implement that.
I also would like to say on the issue of global trade, there has been
no one who has been more passionate and committed to what I think is
the correct position than Lee Hamilton. He is a strong free-trader, and
we worked long and hard on our goal of expanding western values through
trade internationally, and he will be sorely missed in that effort as
we continue to pursue fast track, normal trade relations with the
People's Republic of China and a number of other issues in the years to
come.
I would like to say, what a great friend, and I wish Lee and Nancy
well in their retirement. Lee showed his great brilliance by selecting
a Californian as his wife, and I know that they will be here in
Washington in this great spot at the Wilson Center and also at the
Indiana University.
Mr. HAMILTON. Madam Speaker, will the gentleman yield?
Mr. DREIER. I yield to the gentleman from Indiana.
Mr. HAMILTON. Madam Speaker, I just want to thank the gentleman for
his very kind and generous and even magnanimous remarks, and to say it
has been for me too a magnificent privilege to work with you. I do not
want to try to make a prediction about the elections coming up, but I
know that if they turn out favorably for the majority party here, the
gentleman in the well now will have very, very major responsibilities
in the next Congress. I have no doubt that he will discharge those
well, and we wish him well. Thank you very much.
Mr. DREIER. Madam Speaker, reclaiming my time, I thank my friend.
Madam Speaker, let me just take a moment to again express my
appreciation of the gentleman from New York (Mr. Gilman) for moving
this legislation forward. This is a very important measure. The
gentleman from Indiana (Mr. Hamilton) and the gentleman from New York
(Mr. Gilman) had it incorporated in the Foreign Assistance
Authorization Act, and we all know exactly what happened to that.
Unfortunately, we have not been able to see that bill become public
law.
But last year, just into this Congress, we all heard, the world
heard, about the horrible tragedy of the killing of Jovian Waldrich, a
16 year old girl who was run over by a drunken diplomat from the State
of Georgia. It seems to me that when this problem came to the
forefront, it focused attention on the issue of diplomatic immunity.
We recognized that repeal of diplomatic immunity, obviously, could be
devastating for our national interests. We cannot have in other
countries people have their lives jeopardized and threatened by
governments if we were to repeal diplomatic immunity. That conceivably
could happen. So diplomatic immunity is a very important thing.
But with the dramatic increase in the number of diplomats that we
have seen in this country and throughout the world, there has been
abuse, and when you have the tragic loss of life and some of the other
horrendous instances that have been reported to me, of raping and other
crimes that have been inflicted against our citizenry, and diplomatic
immunity has been claimed, it seems to me we need to take some kind of
action to bring about reform.
This bill, which we have been working, as I said, for nearly two
years on with our friends, is one which is designed to really make sure
that, first, we have a reporting from the State Department on the
instances of diplomatic immunity being used, and then it is our hope
that we can see accountability come about, where we will have the
nations involved actually take responsibility for the actions of their
representatives who are here in this country.
It is my hope that if crimes are perpetrated here in the United
States or anywhere in the world, that these diplomats or their family
members who use diplomatic immunity will be sent back to their home
countries and face
[[Page H10857]]
full responsibility for the actions that they have perpetrated here.
So I am a supporter of diplomatic immunity. I believe it is a very
important tool for us. But I believe also when you look at the tragic
loss of Jovian Waldrich and the countless other victims of those who
have been victims of those who have used diplomatic immunity to free
themselves of responsibility, that this is a step towards addressing
that.
So I again thank my colleagues, and I believe this is a very
important measure, and urge my colleagues to support it.
Mr. GILMAN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank the gentleman from California for his very
persuasive arguments on behalf of the bill. It is worthy legislation,
and I hope our colleagues will join with him in support of this
measure.
Madam Speaker, I yield such time as he may consume to the gentleman
from Tennessee (Mr. Duncan), the chairman of the Subcommittee on
Aviation, who is a cosponsor, along with the gentleman from California,
of the House counterpart of this bill.
Mr. DUNCAN. Madam Speaker, I would like first to thank the gentleman
from New York (Chairman Gilman) and other members of the committee for
bringing this important legislation to the floor today, which is almost
identical to a bill that the gentleman from California (Mr. Dreier) and
myself introduced in the House early last year.
I would also like to thank Senator Coverdell, a senior member of the
Senate Foreign Relations Committee, for introducing the same
legislation in the Senate.
This language, the language in this bill, will encourage the State
Department to hold diplomats accountable for crimes committed in the
United States, and it is the first time that we have had legislation
that will attempt to accomplish this.
Specifically, the bill urges the State Department to pursue waivers
of diplomatic immunity when foreign diplomats commit serious crimes in
the United States. In addition, if a foreign government of a diplomat
who commits a crime will not agree to waive immunity, that government
will be encouraged to prosecute the criminal for the same offense in
their own courts.
Madam Speaker, this problem was brought to the forefront last year in
Washington when a 16 year old girl was killed by a diplomat who was
driving while drunk. This diplomat could have avoided prosecution under
diplomatic immunity.
I believe this case and others have shown us that we need to take a
serious look at how the current system operates. In fact, it has been
reported that there has been on average one death a year over the last
10 years in which a diplomat has been involved when the perpetrator was
not charged. We need to make foreign representatives in this country
know that they will be held accountable when they commit terrible
crimes. I welcome all people, all of us welcome all people of all
nationalities into this country, but, at the same time, I do not think
diplomats should have the right to come here and kill or commit other
serious crimes against U.S. citizens without expecting punishment.
Again, Madam Speaker, I would like to thank the chairman and the
other members of the Committee on International Relations for
recognizing this problem and for moving on this legislation to attempt
to correct this problem.
Mr. HAMILTON. Madam Speaker, I am pleased to yield three minutes to
the distinguished gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Madam Speaker, I want to take this time to say something
that has absolutely nothing to do with this bill. I do simply want to
say that when the gentleman from Indiana (Mr. Hamilton) retires, this
institution will have lost one of the most thoughtful human beings who
has ever walked the floor of this House.
Of all of the relationships that I have had through the years in this
House, it is hard for me to think of one that has made me feel more
rewarded than the relationship I have had with the gentleman from
Indiana (Mr. Hamilton) in dealing with our mutual responsibilities in
the area of international affairs.
When Congresses deal with foreign affairs, usually we are dealing
with issues that are not very well understood by our constituents and,
frankly, often not very well understood by a number of our colleagues
as well.
Often in dealing with international affairs, the right thing for our
country is to do something which may not be, for the moment, very
popular. That has never stopped the gentleman from Indiana from doing
exactly what he has thought was right for this country on each and
every occasion that I have ever dealt with him, whether the issue is
seeing to it that we have a constructive policy in the Middle East, or
whether it is searching for ways to open up lines of assistance to the
newly emerging democracies that were behind the Iron Curtain, or
whether it is dealing with the economic problems that we face in Asia
on each and every issue, the gentleman from Indiana has simply asked
what is in the best long-term interests of the United States. He has
stood on principle, and yet he has not been afraid to look for
reasonable compromises that did not compromise those principles.
I, for one, will very much miss him, and I am certain that every
thoughtful Member of this House would share my views and say that the
country is experiencing a major loss with his departure from this
institution. But I know that in his next work, he will also be
contributing to the long-term interests of this country.
Mr. HAMILTON. Madam Speaker, will the gentleman yield?
Mr. OBEY. I yield to the gentleman from Indiana.
Mr. HAMILTON. Madam Speaker, let me just say I appreciate very deeply
the comments the gentleman from Wisconsin has made. He and I have had
an opportunity to work on a great many foreign policy issues over a
period of years, and everything you have said about me I return in
spades for you. It has been a great pleasure to work with you. I thank
you for your kind and generous remarks.
Madam Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. GILMAN. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion
offered by the gentleman from New York (Mr. Gilman) that the House
suspend the rules and pass the Senate bill, S. 759.
The question was taken.
Mr. HAMILTON. Madam Speaker, I object to the vote on the ground that
a quorum is not present and make the point of order that a quorum is
not present.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
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