[105th Congress Public Law 323]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ323.105]
[[Page 112 STAT. 3029]]
Public Law 105-323
105th Congress
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. <<NOTE: Oct. 30, 1998 - [H.R.
4660]>>
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;
[[Page 112 STAT. 3030]]
``(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.
[[Page 112 STAT. 3031]]
``(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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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
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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. <<NOTE: 22 USC 2708 note.>> 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
[[Page 112 STAT. 3033]]
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 <<NOTE: Extradition Treaties Interprelation Act of 1998.>> II--
EXTRADITION TREATIES INTERPRETATION ACT OF 1998
SEC. 201. <<NOTE: 18 USC 3181 note.>> SHORT TITLE.
This title may be cited as the ``Extradition Treaties Interpretation
Act of 1998''.
SEC. 202. <<NOTE: 18 USC 3181 note.>> 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;
[[Page 112 STAT. 3034]]
(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. <<NOTE: 18 USC 3181 note.>> 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.
Approved October 30, 1998.
LEGISLATIVE HISTORY--H.R. 4660 (S. 1266):
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SENATE REPORTS: No. 105-101 accompanying S. 1266 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 8, considered and passed House.
Oct. 14, considered and passed Senate, amended.
Oct. 15, House concurred in Senate amendment.
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