[Congressional Record Volume 158, Number 164 (Wednesday, December 19, 2012)]
[Senate]
[Pages S8230-S8231]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF STATE REWARDS PROGRAM UPDATE AND TECHNICAL CORRECTIONS 
                              ACT OF 2012

  Mr. MERKLEY. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 537, S. 2318.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2318) to authorize the Secretary of State to pay 
     a reward to combat transnational organized crime and for 
     information concerning foreign nationals wanted by 
     international criminal tribunals, and for other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Foreign Relations, with an amendment to strike 
all after the enacting clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of State Rewards 
     Program Update and Technical Corrections Act of 2012''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of State's existing rewards programs 
     permit the payment of reward for information leading to the 
     arrest or conviction of--
       (A) individuals who have committed, or attempted or 
     conspired to commit, certain acts of international terrorism;
       (B) individuals who have committed, or attempted or 
     conspired to commit, certain narcotics-related offenses; and
       (C) individuals who have been indicted by certain 
     international criminal tribunals.
       (2) The Department of State considers the rewards program 
     to be ``one of the most valuable assets the U.S. Government 
     has in the fight

[[Page S8231]]

     against international terrorism''. Since the program's 
     inception in 1984, the United States Government has rewarded 
     over 60 people who provided actionable information that, 
     according to the Department of State, prevented international 
     terrorist attacks or helped convict individuals involved in 
     terrorist attacks.
       (3) The program has been credited with providing 
     information in several high-profile cases, including the 
     arrest of Ramzi Yousef, who was convicted in the 1993 bombing 
     of the World Trade Center, the deaths of Uday and Qusay 
     Hussein, who United States military forces located and killed 
     in Iraq after receiving information about their locations, 
     and the arrests or deaths of several members of the Abu 
     Sayyaf group, believed to be responsible for the kidnappings 
     and deaths of United States citizens and Filipinos in the 
     Philippines.
       (b) Sense of Congress.--It is the sense of Congress that 
     the rewards program of the Department of State should be 
     expanded in order to--
       (1) address the growing threat to important United States 
     interests from transnational criminal activity, such as 
     intellectual property rights piracy, money laundering, 
     trafficking in persons, arms trafficking, and cybercrime; and
       (2) target other individuals indicted by international, 
     hybrid, or mixed tribunals for genocide, war crimes, or 
     crimes against humanity.

     SEC. 3. ENHANCED REWARDS AUTHORITY.

       Section 36 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2708) is amended--
       (1) in subsection (a)(2), by inserting ``serious violations 
     of international humanitarian law, transnational organized 
     crime,'' after ``international narcotics trafficking,'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Attorney General'' and inserting ``heads of other relevant 
     departments or agencies'';
       (B) in paragraphs (4) and (5), by striking ``paragraph (1), 
     (2), or (3)'' both places it appears and inserting 
     ``paragraph (1), (2), (3), (8), or (9)'';
       (C) in paragraph (6)--
       (i) by inserting ``or transnational organized crime group'' 
     after ``terrorist organization''; and
       (ii) by striking ``or'' at the end;
       (D) in paragraph (7)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``, including the use by the organization of illicit 
     narcotics production or international narcotics trafficking'' 
     and inserting ``or transnational organized crime group, 
     including the use by such organization or group of illicit 
     narcotics production or international narcotics 
     trafficking'';
       (ii) in subparagraph (A), by inserting ``or transnational 
     organized crime'' after ``international terrorism''; and
       (iii) in subparagraph (B)--

       (I) by inserting ``or transnational organized crime group'' 
     after ``terrorist organization''; and
       (II) by striking the period at the end and inserting a 
     semicolon; and

       (E) by adding at the end the following new paragraphs:
       ``(8) the arrest or conviction in any country of any 
     individual for participating in, primarily outside the United 
     States, transnational organized crime;
       ``(9) the arrest or conviction in any country of any 
     individual conspiring to participate in or attempting to 
     participate in transnational organized crime; or
       ``(10) the arrest or conviction in any country, or the 
     transfer to or conviction by an international criminal 
     tribunal (including a hybrid or mixed tribunal), of any 
     foreign national accused of war crimes, crimes against 
     humanity, or genocide, as defined under the statute of such 
     tribunal.'';
       (3) in subsection (g), by adding at the end the following 
     new paragraph:
       ``(3) Advance notification for international criminal 
     tribunal rewards.--Not less than 15 days before publicly 
     announcing that a reward may be offered for a particular 
     foreign national accused of war crimes, crimes against 
     humanity, or genocide, the Secretary of State shall submit to 
     the appropriate congressional committees a report, which may 
     be submitted in classified form if necessary, setting forth 
     the reasons why the arrest or conviction of such foreign 
     national is in the national interests of the United 
     States.''; and
       (4) in subsection (k)--
       (A) by redesignating paragraphs (5) and (6) as paragraphs 
     (7) and (8), respectively; and
       (B) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) Transnational organized crime.--The term 
     `transnational organized crime' means--
       ``(A) racketeering activity (as such term is defined in 
     section 1961 of title 18, United States Code) that involves 
     at least one jurisdiction outside the United States; or
       ``(B) any other criminal offense punishable by a term of 
     imprisonment of at least four years under Federal, State, or 
     local law that involves at least one jurisdiction outside the 
     United States and that is intended to obtain, directly or 
     indirectly, a financial or other material benefit.
       ``(6) Transnational organized crime group.--The term 
     `transnational organized crime group' means a group of 
     persons that includes one or more citizens of a foreign 
     country, exists for a period of time, and acts in concert 
     with the aim of engaging in transnational organized crime.''.

     SEC. 4. TECHNICAL CORRECTION.

       Section 36(e)(1) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2708) is amended by striking ``The 
     Secretary shall authorize a reward of $50,000,000 for the 
     capture or death or information leading to the capture or 
     death of Osama bin Laden.''.

     SEC. 5. RULE OF CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act 
     shall be construed as authorizing the use of activity 
     precluded under the American Servicemembers' Protection Act 
     of 2002 (title II of Public Law 107-206; 22 U.S.C. 7421 et 
     seq.).

     SEC. 6. FUNDING.

       The Secretary of State shall use amounts appropriated or 
     otherwise made available to the Emergencies in the Diplomatic 
     and Consular Services account of the Department of State to 
     pay rewards authorized pursuant to this Act and to carry out 
     other activities related to such rewards authorized under 
     section 36 of the State Department Basic Authorities Act (22 
     U.S.C. 2708).

  Mr. MERKLEY. I further ask the committee-reported substitute 
amendment be agreed to, the bill as amended be read a third time, and 
the Senate immediately proceed to a voice vote on passage of the bill 
as amended.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the bill as amended.
  The bill (S. 2318), as amended, was passed.
  Mr. MERKLEY. I further ask the motion to reconsider be made and laid 
upon the table, without any intervening action or debate and any 
statement be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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