Home > 105th Congressional Bills > H.R. 4660 (ih) To amend the State Department Basic Authorities Act of 1956 to provide ...H.R. 4660 (ih) To amend the State Department Basic Authorities Act of 1956 to provide ...
H.R.4660
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 provide
rewards for information leading to the arrest or conviction of any
individual for the commission of an act, or conspiracy to act, of
international terrorism, narcotics related offenses, or for serious
violations of international humanitarian law relating to the Former
Yugoslavia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--DEPARTMENT OF STATE REWARDS PROGRAM
SEC. 101. REVISION OF PROGRAM.
Section 36 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708) is amended to read as follows:
``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--
``(1) In general.--There is established a program for the
payment of rewards to carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to assist
in the prevention of acts of international terrorism, international
narcotics trafficking, and other related criminal acts.
``(3) Implementation.--The rewards program shall be
administered by the Secretary of State, in consultation, as
appropriate, with the Attorney General.
``(b) Rewards Authorized.--In the sole discretion of the Secretary
(except as provided in subsection (c)(2)) and in consultation, as
appropriate, with the Attorney General, the Secretary may pay a reward
to any individual who furnishes information leading to--
``(1) the arrest or conviction in any country of any individual
for the commission of an act of international terrorism against a
United States person or United States property;
``(2) the arrest or conviction in any country of any individual
conspiring or attempting to commit an act of international
terrorism against a United States person or United States property;
``(3) the arrest or conviction in any country of any individual
for committing, primarily outside the territorial jurisdiction of
the United States, any narcotics-related offense if that offense
involves or is a significant part of conduct that involves--
``(A) a violation of United States narcotics laws such that
the individual would be a major violator of such laws;
``(B) the killing or kidnapping of--
``(i) any officer, employee, or contract employee of
the United States Government while such individual is
engaged in official duties, or on account of that
individual's official duties, in connection with the
enforcement of United States narcotics laws or the
implementing of United States narcotics control objectives;
or
``(ii) a member of the immediate family of any such
individual on account of that individual's official duties,
in connection with the enforcement of United States
narcotics laws or the implementing of United States
narcotics control objectives; or
``(C) an attempt or conspiracy to commit any act described
in subparagraph (A) or (B);
``(4) the arrest or conviction in any country of any individual
aiding or abetting in the commission of an act described in
paragraph (1), (2), or (3); or
``(5) the prevention, frustration, or favorable resolution of
an act described in paragraph (1), (2), or (3).
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with the
payment of informants or the obtaining of evidence or information,
as authorized to the Department of Justice, the offering,
administration, and payment of rewards under this section,
including procedures for--
``(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) the offering of joint rewards with foreign
governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
``(2) Prior approval of attorney general required.--Before
making a reward under this section in a matter over which there is
Federal criminal jurisdiction, the Secretary of State shall obtain
the concurrence of the Attorney General.
``(d) Funding.--
``(1) Authorization of appropriations.--Notwithstanding section
102 of the Foreign Relations Authorization Act, Fiscal Years 1986
and 1987 (Public Law 99-93; 99 Stat. 408), but subject to paragraph
(2), there are authorized to be appropriated to the Department of
State from time to time such amounts as may be necessary to carry
out this section.
``(2) Limitation.--No amount of funds may be appropriated under
paragraph (1) which, when added to the unobligated balance of
amounts previously appropriated to carry out this section, would
cause such amounts to exceed $15,000,000.
``(3) Allocation of funds.--To the maximum extent practicable,
funds made available to carry out this section should be
distributed equally for the purpose of preventing acts of
international terrorism and for the purpose of preventing
international narcotics trafficking.
``(4) Period of availability.--Amounts appropriated under
paragraph (1) shall remain available until expended.
``(e) Limitations and Certification.--
``(1) Maximum amount.--No reward paid under this section may
exceed $5,000,000.
``(2) Approval.--A reward under this section of more than
$100,000 may not be made without the approval of the Secretary.
``(3) Certification for payment.--Any reward granted under this
section shall be approved and certified for payment by the
Secretary.
``(4) Nondelegation of authority.--The authority to approve
rewards of more than $100,000 set forth in paragraph (2) may not be
delegated.
``(5) Protection measures.--If the Secretary determines that
the identity of the recipient of a reward or of the members of the
recipient's immediate family must be protected, the Secretary may
take such measures in connection with the payment of the reward as
he considers necessary to effect such protection.
``(f) Ineligibility.--An officer or employee of any entity of
Federal, State, or local government or of a foreign government who,
while in the performance of his or her official duties, furnishes
information described in subsection (b) shall not be eligible for a
reward under this section.
``(g) Reports.--
``(1) Reports on payment of rewards.--Not later than 30 days
after the payment of any reward under this section, the Secretary
shall submit a report to the appropriate congressional committees
with respect to such reward. The report, which may be submitted in
classified form if necessary, shall specify the amount of the
reward paid, to whom the reward was paid, and the acts with respect
to which the reward was paid. The report shall also discuss the
significance of the information for which the reward was paid in
dealing with those acts.
``(2) Annual reports.--Not later than 60 days after the end of
each fiscal year, the Secretary shall submit a report to the
appropriate congressional committees with respect to the operation
of the rewards program. The report shall provide information on the
total amounts expended during the fiscal year ending in that year
to carry out this section, including amounts expended to publicize
the availability of rewards.
``(h) Publication Regarding Rewards Offered by Foreign
Governments.--Notwithstanding any other provision of this section, in
the sole discretion of the Secretary, the resources of the rewards
program shall be available for the publication of rewards offered by
foreign governments regarding acts of international terrorism which do
not involve United States persons or property or a violation of the
narcotics laws of the United States.
``(i) Determinations of the Secretary.--A determination made by the
Secretary under this section shall be final and conclusive and shall
not be subject to judicial review.
``(j) Definitions.--As used in this section:
``(1) Act of international terrorism.--The term `act of
international terrorism' includes--
``(A) any act substantially contributing to the acquisition
of unsafeguarded special nuclear material (as defined in
paragraph (8) of section 830 of the Nuclear Proliferation
Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear
explosive device (as defined in paragraph (4) of that section)
by an individual, group, or non-nuclear-weapon state (as
defined in paragraph (5) of that section); and
``(B) any act, as determined by the Secretary, which
materially supports the conduct of international terrorism,
including the counterfeiting of United States currency or the
illegal use of other monetary instruments by an individual,
group, or country supporting international terrorism as
determined for purposes of section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)).
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(3) Member of the immediate family.--The term `member of the
immediate family', with respect to an individual, includes--
``(A) a spouse, parent, brother, sister, or child of the
individual;
``(B) a person with respect to whom the individual stands
in loco parentis; and
``(C) any person not covered by subparagraph (A) or (B) who
is living in the individual's household and is related to the
individual by blood or marriage.
``(4) Rewards program.--The term `rewards program' means the
program established in subsection (a)(1).
``(5) United states narcotics laws.--The term `United States
narcotics laws' means the laws of the United States for the
prevention and control of illicit trafficking in controlled
substances (as such term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))).
``(6) United states person.--The term `United States person'
means--
``(A) a citizen or national of the United States; and
``(B) an alien lawfully present in the United States.''.
SEC. 102. REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR
SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
RELATING TO THE FORMER YUGOSLAVIA.
(a) Authority.--In the sole discretion of the Secretary of State
(except as provided in subsection (b)(2)) and in consultation, as
appropriate, with the Attorney General, the Secretary may pay a reward
to any individual who furnishes information leading to--
(1) the arrest or conviction in any country; or
(2) the transfer to, or conviction by, the International
Criminal Tribunal for the Former Yugoslavia,
of any individual who is the subject of an indictment confirmed by a
judge of such tribunal for serious violations of international
humanitarian law as defined under the statute of such tribunal.
(b) Procedures.--
(1) To ensure that the payment of rewards pursuant to this
section does not duplicate or interfere with the payment of
informants or the obtaining of evidence or information, as
authorized to the Department of Justice, subject to paragraph (3),
the offering, administration, and payment of rewards under this
section, including procedures for--
(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
(B) the publication of rewards;
(C) the offering of joint rewards with foreign governments;
(D) the receipt and analysis of data; and
(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
(2) Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of
State shall obtain the concurrence of the Attorney General.
(3) Rewards under this section shall be subject to any
requirements or limitations that apply to rewards under section 36
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2708) with respect to the ineligibility of government employees for
rewards, maximum reward amount, and procedures for the approval and
certification of rewards for payment.
(c) Reference.--For the purposes of subsection (a), the statute of
the International Criminal Tribunal for the Former Yugoslavia means the
Annex to the Report of the Secretary General of the United Nations
pursuant to paragraph 2 of Security Council Resolution 827 (1993) (S/
25704).
(d) Determination of the Secretary.--A determination made by the
Secretary of State under this section shall be final and conclusive and
shall not be subject to judicial review.
(e) Priority.--Rewards under this section may be paid from funds
authorized to carry out section 36 of the State Department Basic
Authorities Act of 1956. In the Administration and payment of rewards
under the rewards program of section 36 of the State Department Basic
Authorities Act of 1956, the Secretary of State shall ensure that
priority is given for payments to individuals described in section 36
of that Act and that funds paid under this section are paid only after
any and all due and payable demands are met under section 36 of that
Act.
(f) Reports.--The Secretary shall inform the appropriate committees
of rewards paid under this section in the same manner as required by
section 36(g) of the State Department Basic Authorities Act of 1956.
TITLE II--EXTRADITION TREATIES INTERPRETATION ACT OF 1998
SEC. 201. SHORT TITLE.
This title may be cited as the ``Extradition Treaties
Interpretation Act of 1998''.
SEC. 202. FINDINGS.
Congress finds that--
(1) each year, several hundred children are kidnapped by a
parent in violation of law, court order, or legally binding
agreement and brought to, or taken from, the United States;
(2) until the mid-1970's, parental abduction generally was not
considered a criminal offense in the United States;
(3) since the mid-1970's, United States criminal law has
evolved such that parental abduction is now a criminal offense in
each of the 50 States and the District of Columbia;
(4) in enacting the International Parental Kidnapping Crime Act
of 1993 (Public Law 103-173; 107 Stat. 1998; 18 U.S.C. 1204),
Congress recognized the need to combat parental abduction by making
the act of international parental kidnapping a Federal criminal
offense;
(5) many of the extradition treaties to which the United States
is a party specifically list the offenses that are extraditable and
use the word ``kidnapping'', but it has been the practice of the
United States not to consider the term to include parental
abduction because these treaties were negotiated by the United
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