§2728 Crimes Committed by Diplomats

Summary

The Secretary of State must send Congress a report called "Report on Cases Involving Diplomatic Immunity" starting 180 days after October 21, 1998, and then every year. The report must say how many people in the United States have full criminal immunity, list cases where a State, local, or federal authority reported they had reasonable cause to think such a person committed a serious crime (and any earlier similar reports), note which of those persons the Secretary certified as having full immunity, count U.S. citizens abroad who have full immunity in the country where they live, list cases where a foreign government asked the United States to waive a U.S. citizen’s immunity, and say whether the Secretary sent the notifications described below. The Secretary may leave out anything that would harm an ongoing criminal investigation, prosecution, or law enforcement or intelligence sources or methods. A "serious criminal offense" means a federal, state, or local felony; any offense punishable by more than one year in prison; any crime of violence as defined for purposes of section 16 of title 18; or driving under the influence, reckless driving, or driving while intoxicated. Congress also says the Secretary should ask states, in the right forums, to consider agreements or laws so the sending country can prosecute crimes by immune people, and so a sending country will either waive immunity or prosecute when there is probable cause of a serious crime. The Secretary should also regularly tell each foreign mission what U.S. policy is about criminal acts by people with diplomatic immunity.