[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[Senate]
[Pages S12566-S12568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     DEPARTMENT OF STATE REWARDS RELATIVE TO THE FORMER YUGOSLAVIA

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                  HELMS (AND BIDEN) AMENDMENT NO. 3827

  Mr. JEFFORDS (for Mr. Helms for himself and Mr. Biden) proposed an 
amendment to 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 follows:

       Strike all after the enacting clause and insert the 
     following:

              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

[[Page S12567]]

     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

[[Page S12568]]

     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.

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