[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4660 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                         October 14 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
4660) entitled ``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.'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

              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 (22 U.S.C.). In the Administration and payment 
of rewards under the rewards program of section 36 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C.), 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 (22 
U.S.C.).

       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 States prior to the development in 
        United States criminal law described in paragraphs (3) and (4);
            (6) the more modern extradition treaties to which the 
        United States is a party contain dual criminality provisions, 
        which provide for extradition where both parties make the 
        offense a felony, and therefore it is the practice of the 
        United States to consider such treaties to include parental 
        abduction if the other foreign state party also considers the 
        act of parental abduction to be a criminal offense; and
            (7) this circumstance has resulted in a disparity in United 
        States extradition law which should be rectified to better 
        protect the interests of children and their parents.

SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.

    For purposes of any extradition treaty to which the United States 
is a party, Congress authorizes the interpretation of the terms 
``kidnaping'' and ``kidnapping'' to include parental kidnapping.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 4660

_______________________________________________________________________

                               AMENDMENT