22 U.S.C. § 2728 — Crimes committed by diplomats

Page 1163 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2728 660; amended Pub. L. 107–228, div. A, title II, § 231, Sept. 30, 2002, 116 Stat. 1372.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–228 designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2). § 2724. Fees for commercial services (a) Authority to charge fee (1) Subject to paragraph (2), the Secretary of State is authorized to charge a fee to cover the actual or estimated cost of providing any per- son, firm or organization (other than agencies of the United States Government) with commer- cial services at posts abroad on matters within the authority of the Department of State. (2) The authority of this section may be exer- cised only in countries where the Department of Commerce does not perform commercial serv- ices for which it collects fees. (b) Use of fees Funds collected under the authority of sub- section (a) shall be deposited as an offsetting collection to any Department of State appro- priation to recover the costs of providing com- mercial services. Funds deposited under this subsection shall remain available for obligation through September 30 of the fiscal year fol- lowing the fiscal year in which the funds were deposited. (Aug. 1, 1956, ch. 841, title I, § 52, as added Pub. L. 103–236, title I, § 136, Apr. 30, 1994, 108 Stat. 396; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2204, Oct. 21, 1998, 112 Stat. 2681–808.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–277 inserted at end ‘‘Funds deposited under this subsection shall remain available for obligation through September 30 of the fiscal year following the fiscal year in which the funds were deposited.’’ § 2725. Fees for use of the George P. Shultz Na- tional Foreign Affairs Training Center The Secretary is authorized to charge a fee for use of the George P. Shultz National Foreign Af- fairs Training Center of the Department of State. Amounts collected under this section (in- cluding reimbursements and surcharges) shall be deposited as an offsetting collection to any De- partment of State appropriation to recover the costs of such use and shall remain available for obligation until expended. (Aug. 1, 1956, ch. 841, title I, § 53, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2205(b), Oct. 21, 1998, 112 Stat. 2681–809; amended Pub. L. 107–132, § 2(a), Jan. 16, 2002, 115 Stat. 2412.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–132 inserted ‘‘George P. Shultz’’ be- fore ‘‘National Foreign Affairs Training Center’’ in sec- tion catchline and in text. Statutory Notes and Related Subsidiaries REPORTING ON PILOT PROGRAM Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2205(c), Oct. 21, 1998, 112 Stat. 2681–809, required the Secretary of State to submit, two years after Oct. 21, 1998, a re- port to Congress on the number of persons taking ad- vantage of the pilot program established under section 4021 of this title and this section, their business or gov- ernment affiliations, the amount of fees collected, and the impact of the program on the primary mission of the National Foreign Affairs Training Center, prior to repeal by Pub. L. 107–228, div. A, title III, § 318(3), Sept. 30, 2002, 116 Stat. 1380. § 2726. Fee for use of diplomatic reception rooms The Secretary is authorized to charge a fee for use of the diplomatic reception rooms of the De- partment of State. Amounts collected under this section (including reimbursements and sur- charges) shall be deposited as an offsetting col- lection to any Department of State appropria- tion to recover the costs of such use and shall remain available for obligation until expended. (Aug. 1, 1956, ch. 841, title I, § 54, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2206, Oct. 21, 1998, 112 Stat. 2681–810.) § 2727. Accounting of collections in budget pres- entation documents The Secretary shall include in the annual Con- gressional Presentation Document and the Budget in Brief a detailed accounting of the total collections received by the Department of State from all sources, including fee collections. Reporting on total collections shall also cover collections from the preceding fiscal year and the projected expenditures from all collections accounts. (Aug. 1, 1956, ch. 841, title I, § 55, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2207, Oct. 21, 1998, 112 Stat. 2681–810.) § 2728. Crimes committed by diplomats (a) Annual report concerning diplomatic immu- nity (1) Report to Congress 180 days after October 21, 1998, and annually thereafter, the Secretary of State shall pre- pare and submit to the Congress, a report con- cerning 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 Page 1164 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2729 the United States, and any additional infor- mation provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to be- lieve the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provi- sion of which the Secretary reasonably be- lieves would compromise a criminal inves- tigation or prosecution or which would di- rectly compromise law enforcement or intel- ligence sources or methods. (C) Each case described in subparagraph (B) in which the Secretary of State has cer- tified 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 extend- ing 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 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; or (D)(i) driving under the influence of alco- hol 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 Sec- retary of State should explore, in appropriate fora, whether states should enter into agree- ments and adopt legislation— (1) to provide jurisdiction in the sending state to prosecute crimes committed in the re- ceiving state by persons entitled to immunity from criminal jurisdiction under laws extend- ing diplomatic privileges and immunities; and (2) to provide that where there is probable cause to believe that an individual who is enti- tled to immunity from the criminal jurisdic- tion of the receiving state under laws extend- ing diplomatic privileges and immunities com- mitted 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 relat- ing to criminal offenses committed by individ- uals with immunity from the criminal jurisdic- tion of the United States under laws extending diplomatic privileges and immunities. (Aug. 1, 1956, ch. 841, title I, § 56, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2217, Oct. 21, 1998, 112 Stat. 2681–815.) § 2729. State Department records of overseas deaths of United States citizens from non- natural causes (a) Collection of information The Secretary shall, to the maximum extent practicable, collect, with respect to each foreign country, the following information with respect to each United States citizen who dies in that country from a nonnatural cause on or after September 30, 2002: (1) The date of death. (2) The locality where the death occurred (including the state or province and munici- pality, if available). (3) The cause of death, including information on the circumstances of the death, and includ- ing, if the death resulted from an act of ter- rorism, a statement disclosing that informa- tion. (4) Such other information as the Secretary shall prescribe. (b) Database The Secretary shall establish and maintain a database containing the information collected under subsection (a). (c) Public availability of information Beginning three months after September 30, 2002, the Secretary, shall make available, on a country-by-country basis, on the Internet website of the Department’s Bureau of Consular Affairs, the information from the database de- scribed in subsection (b) with respect to deaths occurring since September 30, 2002, or occurring during the preceding three calendar years, whichever period is shorter. The information shall be updated at least every six months. (Aug. 1, 1956, ch. 841, title I, § 57, as added Pub. L. 107–228, div. A, title II, § 204, Sept. 30, 2002, 116 Stat. 1363.) § 2730. Prohibition on funding the involuntary return of refugees (a) Prohibition (1) In general Except as provided in paragraph (2), none of the funds made available to the Department of State, or the United States Emergency Ref- ugee and Migration Assistance Fund estab- lished in section 2601(c) of this title, may be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, na- tionality, membership in a particular social group, or political opinion. (2) Exception The prohibition in paragraph (1) does not apply to the return of any person on grounds recognized as precluding protection as a ref-