[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.
____________________