I
105TH CONGRESS
1ST SESSION
H. R. 1622
To provide for an annual report to Congress concerning diplomatic immunity.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 1997
Mr. DREIER (for himself and Mr. DUNCAN) 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) FINDINGS.—The Congress makes the following
findings:
(1) The United States was founded on the prin-
ciple that all men are equal before the law and any-
one, rich or poor, is entitled to the protection of the
law and also subject to just penalties under the law.
(2) International treaties regarding diplomatic
and consular immunity place diplomatic and con-
sular 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.
(3) Recent events indicate that this situation is
endangering the safety and security of citizens and
other persons residing in the United States.
(4) It is incumbent on the President and the
Secretary of State to alleviate the injustice of the
situation regarding diplomatic and consular immu-
nity.
(b) 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 who enjoy full immunity from the
criminal jurisdiction of the United States under
laws extending diplomatic privileges and immu-
nities.
(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.
(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 privi-
leges and immunities.
(D) The number of United States citizens
who are residing in a receiving State and who
enjoy full immunity from the criminal jurisdic-
tion of such State under laws extending diplo-
matic 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 im-
munity from criminal jurisdiction of the United
States citizen.
(3) SERIOUS CRIMINAL OFFENSE DEFINED.—
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) driving under the influence of alcohol
or drugs or driving while intoxicated if the case
involves personal injury to another individual.
(c) 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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