I
105TH CONGRESS
1ST SESSION
H. R. 1236
To provide for an annual report to Congress concerning diplomatic immunity.
IN THE HOUSE OF REPRESENTATIVES
APRIL 8, 1997
Mr. DREIER introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To provide for an annual report to Congress concerning
diplomatic immunity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REPORTS AND POLICY CONCERNING DIPLO-
MATIC IMMUNITY.
(a) ANNUAL REPORT CONCERNING DIPLOMATIC IM-
MUNITY.—
(1) REPORT TO CONGRESS.—The Secretary of
State shall prepare and submit to the Congress, an-
nually, a report concerning diplomatic immunity en-
titled ‘‘Report on Cases Involving Diplomatic Immu-
nity’’.
(2) CONTENT OF REPORT.—In addition to such
other information as the Secretary of State may con-
sider appropriate, the report under paragraph (1)
shall include the following:
(A) The number of persons residing in the
United States entitled to immunity from the
criminal jurisdiction of the United States under
laws extending diplomatic privileges and immu-
nities.
(B) Each case involving an alien entitled to
immunity as described in subparagraph (A) in
which the appropriate law enforcement authori-
ties of the United States had reasonable cause
to believe the alien committed a serious criminal
offense within the United States which was not
subject to the criminal jurisdiction of the Unit-
ed States.
(C) Each case in which the United States
has certified that a person is entitled to immu-
nity from the criminal jurisdiction of the United
States under laws extending diplomatic privi-
leges and immunities.
(D) The number of United States citizens
who are residing in a receiving state and who
are entitled to immunity from the criminal ju-
risdiction 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 gov-
ernment of a receiving state to waive the immu-
nity from criminal jurisdiction of the United
States citizen.
(3) SERIOUS CRIMINAL OFFENSE DEFINED.—
The term ‘‘serious criminal offense’’ means—
(A)(i) any felony under Federal, State, or
local law; and
(ii) any Federal, State, or local offense
punishable by a term of imprisonment of more
than 1 year ;
(B) any crime of violence as defined for
purposes of section 16 of title 18, United States
Code; and
(C) driving under the influence of alcohol
or drugs or driving while intoxicated if the case
involves personal injury to another individual.
(b) UNITED STATES POLICY CONCERNING REFORM
OF DIPLOMATIC IMMUNITY.—It is the sense of the Con-
gress that the Secretary of State should explore, in appro-
priate 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 juris-
diction 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 re-
ceiving state under laws extending diplomatic privi-
leges and immunities committed a serious crime, the
sending state will waive such immunity or the send-
ing state will prosecute such individual.
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