[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 759 Enrolled Bill (ENR)]

        S.759

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
 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.

    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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.