[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[House]
[Pages H10166-H10169]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING REWARDS FOR INFORMATION LEADING TO ARREST OR CONVICTION OF
ANY INDIVIDUAL FOR COMMISSION OR CONSPIRACY OF AN ACT OF INTERNATIONAL
TERRORISM, NARCOTICS RELATED OFFENSES, OR FOR SERIOUS VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW RELATING TO FORMER YUGOSLAVIA
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4660) 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, as amended.
The Clerk read as follows:
H.R. 4660
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CHANGES IN DEPARTMENT OF STATE REWARDS PROGRAM.
(a) Increase in Maximum Amount of Award.--Section 36(c) of
the State Department Basic Authorities Act (22 U.S.C.
2708(c)) is amended by striking ``$2,000,000'' and inserting
``$5,000,000''.
(b) Increase in Authorization of Appropriations.--Section
36(g) of the State Department Basic Authorities Act (22
U.S.C. 2708(g)) is amended in the first sentence by striking
``$5,000,000'' and inserting ``$10,000,000''.
SEC. 2. REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT
FOR SERIOUS VIOLATIONS OF INTERNATIONAL
HUMANITARIAN LAW RELATING TO THE FORMER
YUGOSLAVIA.
The State Department Basic Authorities Act of 1956 is
amended by adding after section 36 the following new section:
``SEC. 36A. 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) 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 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.--All determinations
of the Secretary of State under this section shall be final
and conclusive and shall not be subject to judicial review.
``(e) Funding.--
``(1) There are authorized to be appropriated to the
Department of State $1,000,000 for fiscal year 1999,
$1,000,000 for fiscal year 2000, and $1,000,000 for fiscal
year 2001 to carry out this section.
``(2) Amounts appropriated under paragraph (1) shall remain
available until expended.
``(f) Priority.--In the administration and payment of
rewards under the rewards program of section 36, the
Secretary of State shall ensure that priority is given for
payments to individuals described in section 36 and that
funds paid under this section are paid only after any and all
due and payable demands are met under section 36.''.
SEC. 3. VIOLATIONS RELATING TO MATERIAL SUPPORT TO
TERRORISTS.
Section 38(g)(1)(A)(iii) of the Arms Export Control Act (22
U.S.C. 2778(g)(1)(A)(iii)) is amended by adding at the end
before the comma the following: ``or section 2339A of such
title (relating to providing material support to
terrorists)''.
[[Page H10167]]
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from Minnesota (Mr. Luther) each
will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).
General Leave
Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 4660, the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, H.R. 4660 sends the following message to
terrorists and war criminals: ``You can run, but you cannot hide.''
Following the bombings of our embassies in Tanzania and Kenya, we
must review the State rewards program. To date, the program is an
unqualified success. Using these rewards, the U.S. Government captured
terrorists like Ramsi Yousef, the mastermind of the World Trade Center
bombing, and Mir Amal Kasi, who murdered two people outside of the CIA
headquarters in 1993. Currently, we have an outstanding reward of $2
million to bring Haroun Fazil back dead or alive for the recent U.S.
embassy bombings.
And, Mr. Speaker, I am holding up the wanted poster for Fazil here in
my hand, printed by the State Department and distributed throughout the
world, along with reward matchbook covers, that resulted in the capture
of a prior criminal.
We last set the levels of these rewards back in 1989, and they are
currently capped at $2 million. Last month, FBI Director Freeh
testified before the Senate that the cap on rewards should be raised.
Former CIA Director Woolsey noted that the architect of the embassy
bombings, the very wealthy Bin Laden, could ``see our $2 million bet
and raise it'' more than once. And we agree with that.
The bill before the House raises the total amount available for
rewards from $5 million to $10 million, and increases the cap from $2
million to $5 million.
The administration and our senior military commanders in Bosnia also
requested Congress to grant authority to the State Department to offer
rewards for information leading to the arrest of persons indicted for
war crimes in the former Yugoslavia.
Under current law, the State Department may offer rewards for
information leading to the arrest of persons who commit terrorist acts
or who import illegal narcotics into our Nation. Our military
commanders in Bosnia would like to expand that to include persons
indicted for war crimes in Yugoslavia.
We all know who the main targets of that effort are, Radovan Karadzic
and Ratko Mladic, who ordered and carried out the massacre of 7,000
civilians at Screbrencia, among other crimes. These men remain at large
and pose a danger to our U.S. diplomatic and military personnel who are
stationed in Bosnia.
Mr. Speaker, I want to thank the gentleman from California (Mr.
Lantos), a cosponsor of this legislation, as well as Ambassador
Gelbard, and the junior Senator from Arizona, Mr. Kyl, all of whom made
this legislation possible. This is a bipartisan bill with strong
support of the administration and our commanders in the field in
Bosnia. Accordingly, I urge its adoption.
Mr. Speaker, the bill authorizes one million dollars in FY99, 00 and
01 to be appropriated to pay for these awards. The Administration
expects that awards offered for war criminals will not top $100,000
each. CBO has scored this bill at a cost of $8 million in authorized
spending, all subject to appropriation.
It is important to note that while we will authorize such rewards to
be offered, the bill requires the Secretary of State to ensure that
payment of rewards for the arrest of people in the current law--
terrorists and narcotics traffickers--come before this new authority to
pay rewards for U.N. war criminals. This requirement keeps the focus of
the rewards program on catching people who commit crimes against
Americans.
It is also important to state what the bill does not do. It does not
authorize rewards for catching people indicted by the Rwanda tribunal,
as originally requested by the Administration. While I favor including
Rwanda as does most of the members of this committee, we reviewed this
proposal with the senior Senator from North Carolina, Mr. Helms, who
objected to the inclusion of Rwanda. Since we are looking to consider
this bill in the Senate by unanimous consent, we felt it better to not
include Rwanda. Nevertheless, if this bill is enacted, I believe that
it will make a rewards program for Rwanda more likely to be enacted in
the next Congress.
In its comment to the Committee regarding this legislation, the
Administration also does not like the language requiring that rewards
for the arrest of people who attack Americans and narcotic trafficking
take priority over rewards for the arrest of Yugoslav war criminals.
While I understand the Administration's call for flexibility, Sen.
Helms and I both strongly believe that while we should allow rewards
for U.N. war criminals, the priority should remain with the original
purposes of the law to arrest those who harm Americans. In light of the
Administration's concerns, we did narrow the priority in the bill to
making payments for U.N. war criminal arrests after any and all due and
payable rewards under the original program are met.
This bill does not permit a judicial review of the U.N. war criminal
rewards but I want to emphasize that while the underlying statute does
not deal with this subject, we do not imply a judicial review allowed
over the current program.
In addition, while we authorize payment of awards only for catching
indicted war criminals, the State Department may offer rewards for
unindicted criminals. They just cannot make a payment until the War
Criminal Court brings forth an official indictment.
With regard to the account rewards will be paid from, the Emergencies
in the Diplomatic and Consular Service Account, I will note this
account pays the costs of post evacuations, the rewards program and
representational expenses of the State Department.
Usually, the account is funded at around $5 million each year and has
been supplemented with carryover balances that generally make around
$10-12 million available in any given year. This fiscal year, the
account is expected to only carry forward only $1 million due to the
exceptional number of embassy evacuations.
The FY 98 Supplemental includes $10 million to replenish this
account. The $10 million is divided as follows: $4.5 is to pay for
medical expenses, transportation, etc. for the families of victims and
the Foreign Service Nationals in Kenya and Tanzania, $4.5 to cover
rewards following the bombings, and $1 million is targeted for other
post evacuations.
The Department has $4 million in transfer authority to replenish this
fund out of the Diplomatic and Consular Programs account. They intend
to use that authority in FY 99. In FY 2000, the Department expects to
have a budget request of $10-12 million.
Since FY 85, $13.3 million has been made available to pay rewards for
information leading to the arrest or conviction of persons responsible
for international terrorist activities.
FY 97 $1.5 million was available for rewards; $1.2 million was
obligated for three narcotics rewards and $144,000 for publicity
initiatives.
FY 98 $3 million is available for rewards. $500,000 has been
obligated for three narcotics rewards and $86,000 for publicity.
Several other rewards are in the interagency review process.
FY 99 $2 million was requested for the rewards program.
In closing, I understand that while the State Department has some
concerns with the draft, as outlined above, the Administration strongly
supports passage of the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. LUTHER. Mr. Speaker, I yield myself such time as I may consume to
rise in support of this bill.
This bill, Mr. Speaker, adds a new authority to the current program
of paying rewards for information leading to the arrest of terrorist
and narcotics suspects. It would allow the Secretary of State to pay
rewards for war criminals who are the subject of an indictment by the
International Criminal Tribunal for the former Yugoslavia.
The bill is an important contribution to the efforts of the United
States and its NATO allies to move forward on the difficult issues of
Bosnia peace implementation. We know that the arrest of major figures
who have been indicted by the war crimes tribunal has gone slowly. We
need to help energize that process. Offering rewards for information
leading to the arrest of war criminals in the former Yugoslavia will,
hopefully, give some incentive to those who, until now, have been
wavering about offering information.
[[Page H10168]]
The arrest of these war criminals may not be the solution in itself
to the success of the Dayton peace process, but it would be an
important step in the right direction in moving the Dayton peace
process forward.
Mr. Speaker, I support this important bill and I urge its adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. GILMAN. Mr. Speaker, I yield 5 minutes to the gentleman from New
Jersey (Mr. Smith), the distinguished chairman of our Subcommittee on
International Operations and Human Rights.
Mr. SMITH of New Jersey. Mr. Speaker, I rise today in strong support
of H.R. 4660, authorizing the provision of rewards for information
leading to the arrest and conviction of war criminals and those who
have committed other serious violations of international humanitarian
law in the former Yugoslavia.
I want to thank the gentleman from New York (Mr. Gilman) for
sponsoring this and for his steadfast work on behalf of those suffering
in that very, very troubled region.
{time} 2145
As cochairman of the Helsinki Commission, Mr. Speaker, and also as
chair of the International Ops and Human Rights Committee, I have had a
number of hearings in both of those panels on the issue of war crimes
tribunals, on the fact that from the very beginning, we did far too
little, we did not provide enough money, but certainly the effort was
worth it to try to collect information. Thankfully some of the problems
we had in the beginning of underfunding are beginning to be met and the
indictments of Mladic and Karadzic and others is, I think, a compelling
testimony that we will at some point hold these people responsible. Our
hope is that this will be extended in a very proactive and a very
aggressive way to what is going on in Kosovo where there is slaughter.
Our Helsinki Commission held a hearing just a few days ago. We heard
from former Senator Bob Dole and Assistant Secretary of State for Human
Rights John Shattuck who had just visited the region and gave riveting,
unbelievably disturbing testimony about the terrible carnage that they
had witnessed firsthand and the accounts that they had heard from
people fleeing those who are committing these crimes. Those who do
these things must be held accountable. This resolution seeks to up the
ante, if you will, put a price on their heads, to try to say that there
is a reward for those who will promote justice and bringing these
people to justice as they so surely deserve.
I want to again thank the gentleman from New York (Mr. Gilman). This
is a very, very worthwhile resolution deserving of the support of our
colleagues.
Mr. Speaker, I rise today in support of H.R. 4660, authorizing the
provision of rewards for information leading to the arrest and
conviction of war criminals and those who have committed other serious
violations of international humanitarian law in the former Yugoslavia.
As Co-Chairman of the Helsinki Commission, I have followed the tragic
developments in the former Yugoslavia and advocated decisive action to
stop the senseless slaughter, first in Bosnia, and most recently in
Kosovo. The tragic chapters of genocide and cold blooded murder in the
Former Yugoslavia will not be closed until those responsible for such
heinous criminal acts are brought to justice.
Developments in Bosnia underscore the fact that there is a price--a
high price--to be paid for allowing indicted war criminals like
Karadzic and Mladic to remain at large. The unfolding carnage in Kosovo
is most certainly the handiwork of the ``Butcher of Belgrade,''
Slobodan Milosevic. I applaud the recent passage of resolutions in the
House and Senate calling for the investigation and indictment of
Slobodan Milosevic as a war criminal. In fact, I introduced the measure
in this House. We all recognize, though, that true justice demands that
the net be cast further than the one person most responsible.
As a supporter of the Tribunal from the get go, I offered amendments
to boost funding--I believe it is critical that the Tribunal take a
proactive stance in Kosovo that could serve as a possible deterrence
against a new round of war crimes in the Former Yugoslavia. In the case
of Bosnia, the Tribunal could only react to crimes that were mostly
committed before and during its formation. In Kosovo, however, crimes
could perhaps be deterred, if the Tribunal is vigorous and visible in
its investigation of ongoing activity.
Mr. Speaker, we saw a couple of days ago the reports of a major
massacre in three villages in Kosovo, where women, children and the
elderly were slain and, in some instances, their bodies mutilated by
the Serbian security forces. These scenes are all too familiar and,
absent determined action, will be repeated over and over and over
again. The Helsinki Commission has received disturbing reports from
Senator Bob Dole and Assistant Secretary of State John Shattuck who
formed a fact-finding mission to Kosovo. They told us about men being
separated from women and children and simply taken away, perhaps to
lengthy detention or maybe their execution. There are also reports,
again of the mass rape being used as a weapon of war.
Mr. Speaker, as a cosponsor of H.R. 4660, I believe adoption of this
legislation will underscore the continued commitment of the United
States to see that those responsible for the war crimes and other
serious violations of international humanitarian law are held
accountable for their actions. While it is unlikely that the offer of
rewards alone will lead to the arrest or conviction of all of those
responsible for war crimes in the Former Yugoslavia, even if one
criminal is brought to justice as a result of our action today, the
modest investment would have been worth the effort.
Mr. LUTHER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Lantos).
Mr. LANTOS. I thank my friend for yielding me this time. I rise, Mr.
Speaker, in support of this legislation, but also to recognize the
enormous contributions of the distinguished Republican chairman of the
Committee on International Relations in his fight against terrorism
over many years in many capacities. At our annual meetings with the
European Parliament, it was Chairman Gilman who invariably raised the
issue of international terrorism, drug trafficking and international
criminal activities. His unceasing efforts on behalf of these causes
has paid off handsomely. I think this last measure is an appropriate
indication of the change of antiterrorist legislation that Chairman
Gilman has introduced. I strongly urge all of my colleagues to support
it.
Mr. GILMAN. Mr. Speaker, I want to thank the gentleman from
California for his kind remarks and for his strong support for
antiterrorism legislation in our committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Fox).
Mr. FOX of Pennsylvania. Mr. Speaker, I too want to congratulate the
gentleman from New York (Mr. Gilman) for bringing this legislation
forward. He has worked in a bipartisan fashion with the gentleman from
California (Mr. Lantos) and others in the Committee on International
Relations including the gentleman from New Jersey (Mr. Smith) in making
sure that the antiterrorism legislation moves forward in this Congress.
We owe a great debt of gratitude to the gentleman from New York for his
leadership in this area.
We just have to look to the fact that the program that Chairman
Gilman referred to relates back to the August 7, 1998 reward and poster
which he spoke of earlier where two explosions rocked the U.S.
embassies in Kenya and in Tanzania killing over 200 innocent people.
This particular reward calls for a reward to those individuals who will
bring information against Haroun Fazil who is a member of an
international terrorist group dedicated to opposing select governments
with force and violence.
The fact is this legislation, H.R. 4660, Mr. Speaker, will amend the
State Department Basic Authorities Act of 1956 to provide rewards of an
increase from $2 million to $5 million for the arrest and 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.
The fact is that it has been 10 years since the last time this
threshold from $2 million to $5 million will have been changed. This
legislation of the gentleman from New York which we have supported
widely will help us to in fact catch those individuals in Croatia,
Bosnia and the Federal Republic of Yugoslavia who are committing the
kind of terrorism that the United States wants to end. With this
legislation, we will be one step further toward that goal.
I thank the gentleman from New York (Mr. Gilman), the gentleman from
California (Mr. Lantos) and the
[[Page H10169]]
other cosponsors including the gentleman from New Jersey (Mr. Smith)
for bringing this bill forward and look forward to its passage. I thank
my colleagues on both sides of the aisle for supporting this important
bill.
Mr. LUTHER. Mr. Speaker, I yield back the balance of my time.
Mr. GILMAN. Mr. Speaker, I thank the gentleman from Pennsylvania (Mr.
Fox) for his supporting remarks.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion
offered by the gentleman from New York (Mr. Gilman) that the House
suspend the rules and pass the bill, H.R. 4660, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read:
``A bill 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.''
A motion to reconsider was laid on the table.
____________________