[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4660 Enrolled Bill (ENR)]

        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 
    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.

                               Speaker of the House of Representatives.

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