[Senate Report 112-232]
[From the U.S. Government Publishing Office]
Calendar No. 537
112th Congress Report
SENATE
2d Session 112-232
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DEPARTMENT OF STATE REWARDS PROGRAM UPDATE AND TECHNICAL CORRECTIONS
ACT OF 2012
_______
November 13, 2012.--Ordered to be printed
_______
Mr. Kerry, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany S. 2318]
The Committee on Foreign Relations, having had under
consideration the 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,
reports favorably thereon, with an amendment in the nature of a
substitute, and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................1
III. Discussion.......................................................2
IV. Cost Estimate....................................................7
V. Evaluation of Regulatory Impact..................................8
VI. Changes in Existing Law..........................................9
I. Purpose
The purpose of S. 2318 is to help prevent acts of
transnational organized crime, genocide, crimes against
humanity and war crimes and to help bring their perpetrators to
justice by authorizing rewards for information leading to the
arrest or conviction of persons involved in such crimes.
II. Committee Action
S. 2318 was introduced by Senators Kerry, Boozman, Isakson,
Coons, Durbin, Graham, and Landrieu on April 19, 2012. It was
discussed at committee hearings, including on May 24, 2012. On
September 19, 2012, the committee ordered S. 2318 reported
favorably by voice vote, with an amendment in the nature of a
substitute.
III. Discussion
S. 2318, the Department of State Rewards Program Update and
Technical Corrections Act of 2012, expands the existing
authority of the Secretary of State to issue rewards for
information leading to the arrest or conviction of persons
accused of committing certain crimes. Under current law, the
Secretary is authorized to issue rewards for information
related to terrorism, narcotics trafficking, and for
information leading to the arrest or conviction of persons
indicted for serious violations of international humanitarian
law by three specified international tribunals: the
International Criminal Tribunal for the Former Yugoslavia
(``ICTY''), the Special Court for Sierra Leone (``SCSL'') and
the International Criminal Tribunal for Rwanda (``ICTR''), all
of which are now winding down their activities. The origins of
these programs date back to 1984 when, at the request of the
Reagan administration, Congress passed the Act to Combat
International Terrorism (P.L. 98-533).
S. 2318 expands existing authority in two respects.
First, it authorizes the issuance of rewards for
information leading to the arrest or conviction in any country
of individuals wanted for participating in ``transnational
organized crime,'' primarily outside the United States.
Second, it authorizes the issuance of rewards, following
advance notification to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House,
for information leading to the arrest or conviction in any
country of any foreign national accused of war crimes, crimes
against humanity, or genocide by an international criminal
tribunal (including a hybrid or mixed tribunal).
A. TRANSNATIONAL ORGANIZED CRIME
Transnational organized crime (``TOC'') poses a significant
and growing threat to U.S. national security interests and the
well-being of American citizens and our allies. It is also big
business: According to United Nations assessments, ``In 2009
[transnational organized crime] was estimated to generate $870
billion--an amount equal to 1.5 percent of global GDP. That is
more than six times the amount of official development
assistance for that year, and the equivalent of close to 7
percent of the world's exports of merchandise.''\1\ The United
Nations Office on Drugs and Crime has declared that
``[o]rganized crime has diversified, gone global and reached
macroeconomic proportions: illicit goods are sourced from one
continent, trafficked across another, and marketed in a third.
Mafias are today truly a transnational problem: a threat to
security, especially in poor and conflict-ridden countries.
Crime is fuelling corruption, infiltrating business and
politics, and hindering development. And it is undermining
governance by empowering those who operate outside the
law.''\2\
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\1\Transnational Organized Crime--The Globalized Illegal Economy--
Facts, www.unodc.org/toc.
\2\United Nations Office on Drugs and Crime, ``The Globalization of
Crime: A Transnational Organized Crime Threat Assessment,'' 2010; See
also, UNODC, ``Estimating Illicit Financial Flows Resulting From Drug
Trafficking and Other Transnational Organized Crimes: Research
Report,'' October 2011; and Jeremy Haken, ``Transnational Crime in the
Developing World,'' Global Financial Integrity, February 2011.
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The President's 2011 ``Strategy to Combat Transnational
Organized Crime: Addressing Converging Threats to National
Security'' defines transnational organized crime groups as
``those self-perpetuating associations of individuals who
operate transnationally for the purpose of obtaining power,
influence, monetary and/or commercial gains, wholly or in part
by illegal means, while protecting their activities through a
pattern of corruption and/or violence, or while protecting
their illegal activities through a transnational organizational
structure and the exploitation of transnational commerce or
communication mechanisms.''\3\
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\3\National Security Staff, Strategy to Combat Transnational
Organized Crime, July 25, 2011; http://www.whitehouse.gov/
administration/eop/nsc/transnational-crime.
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Areas of concern that would merit attention under the
Rewards program would include transnational criminal activities
such as violations of intellectual property rights, piracy,
money laundering, trafficking in persons, arms trafficking,
trafficking in illicit wildlife and wildlife parts, and
cybercrime. As the President's Strategy spells out and as
discussed in the Committee's May 24, 2012, hearing on ``Ivory
and Insecurity: The Global Implications of Poaching in
Africa,'' these criminal activities and the criminal networks
that are expanding to facilitate them endanger public safety,
public health, often fragile democratic institutions, and
global economic stability.
Links between and among transnational organized crime
groups, corrupt officials in governments and militaries in some
states, and armed groups, terrorists, and drug trafficking
organizations pose a particularly troubling threat to
stability. The reported involvement of the Revolutionary Armed
Forces of Colombia (FARC) in the drug trade, of al-Shabaab in
criminal enterprises including kidnapping and extortion, of
members of the Forces Armees de la Republique Democratique du
Congo (FARDC) and other militaries and the Lord's Resistance
Army and other armed groups in poaching and the sale of ivory
all point to increasing, generally opportunistic linkages
between transnational organized crime, corruption, and various
negative forces. In testimony before a subcommittee of the
Senate Armed Service Committee, Assistant Secretary of Defense
Michael H. Sheehan identified ``the convergence of crime,
terrorism, and insurgency, in my view, [as] a burgeoning
geopolitical trend with great implications to our national
security.''\4\
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\4\Opening Statement of Michael H. Sheehan, Assistant Secretary of
Defense for Special Operations/Low Intensity Conflict, Hearing on the
Department of Defense's Role in the Implementation of the National
Strategy to Combat Transnational Organized Crime, U.S. Senate Committee
on Armed Services, Subcommittee on Emerging Threats and Capabilities,
March 27, 2012.
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Organized crime takes many evolving and interlinked forms.
Cybercriminals working through TOC networks cost consumers
billions of dollars, compromise corporate and government
computer networks, and undermine the integrity of vulnerable
financial systems. In some regions, poachers are decimating
elephant, rhino, and tiger populations, along with other
species, and with rhino horn bringing as much as $60,000 per
kilogram on the international market, poaching is increasingly
becoming connected to transnational organized crime networks.
Human trafficking, arms smuggling, and counterfeiting are all
carried out by organized crime syndicates at a heavy human and
economic cost for both the direct victims and societies as a
whole.
The committee is of the view that expansion of the existing
Rewards program to transnational organized crime would help
dismantle criminal networks engaged in piracy, arms
trafficking, trafficking in persons, trafficking in the illicit
wildlife trade, cybercrime, and other criminal enterprises. In
addition to permitting rewards for tips that lead to the arrest
or conviction of transnational organized crime figures, the
legislation would also authorize rewards for information
leading to the prevention or disruption of ongoing criminal
acts by those groups, or the identification of their leaders.
B. WAR CRIMES, CRIMES AGAINST HUMANITY AND GENOCIDE
War crimes, crimes against humanity, and acts of genocide
exact a horrific human cost and, as has been affirmed by
Congress, exacerbate threats to international stability and the
national security of the United States. These tragedies also
carry a heavy price tag for the United States and the
international community by contributing to regional
instability, refugee flows, the need for peacekeeping
deployments, economic losses, and the challenges of post-
conflict reconstruction and reconciliation.\5\
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\5\S. Con. Res. 71, A concurrent resolution recognizing the United
States national interest in helping to prevent and mitigate acts of
genocide and other mass atrocities against civilians, and supporting
and encouraging efforts to develop a whole of government approach to
prevent and mitigate such acts, passed by the Senate, December 22,
2010.
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Current law allows the Secretary of State to issue rewards
for persons wanted for war crimes and other gross human rights
violations that were committed in certain conflicts in the
1990s through 2002 in Yugoslavia, Rwanda and Sierra Leone.
Today, however, war criminals continue to maim, kill, and
destabilize with impunity in some corners of the globe. Joseph
Kony of the Lord's Resistance Army (LRA) is a prime example of
such offenders. For decades he and his top commanders have cut
a swathe of terror across much of Central Africa, at a
tremendous human cost and at considerable cost to American
taxpayers in humanitarian assistance and more recently military
support to increase the capacity of regional forces in their
effort to end this reign of fear.
In written and oral testimony and correspondence, the
Departments of State and Defense have communicated the value of
expanding the current Rewards Program to authorize rewards for
crimes committed since 2002 in locations other than Yugoslavia,
Rwanda, and Sierra Leone. The United States has long been a
leader in the prevention and punishment of mass atrocities, and
has expended significant resources--including by contributing
to peacekeeping missions or carrying out direct military
action--to prevent mass atrocities in various locations around
the globe. Updating the Rewards program so that rewards are
available for crimes committed in those locations is consistent
with these longstanding U.S. policies and is a cost effective
means of achieving the objectives.
Expansion of the program would allow the Department of
State to target key perpetrators of crimes against humanity
through a concentrated public campaign using a variety of media
to publicize rewards and elicit valuable information. The
Department of Defense has affirmed that such a campaign would
complement and enhance the efforts of our forces in the field.
The committee notes that, by authorizing rewards in
connection with proceedings of international criminal
tribunals, S. 2318 could provide authority for rewards with
respect to foreign nationals indicted by the International
Criminal Court (ICC). The committee wishes to stress that S.
2318 limits the rewards authority to cases of crimes committed
by ``foreign nationals'' and that section 5 of the legislation
expressly states that nothing in this Act or amendments made by
the 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.).
P.L. 107-206 reads in part, ``Nothing in this title shall
prohibit the United States from rendering assistance to
international efforts to bring to justice . . . foreign
nationals accused of genocide, war crimes or crimes against
humanity.''
The committee also notes that S. 2318 would authorize
rewards for foreign nationals indicted by international
criminal tribunals created in the future. In order to permit
appropriate congressional oversight with respect to the ICC and
such tribunals, the legislation includes an advance
notification requirement before a reward may be offered.
C. FUNDING
S. 2318 states that the reward money and publicity efforts
of the proposed expansion of the State Department Rewards
Programs are to be funded as part of the ``Emergencies in the
Diplomatic and Consular Service'' (EDCS) appropriation, a ``no-
year'' appropriation; this funding mechanism is consistent with
current funding practice for the existing Rewards Programs.
Under authority granted in 2007 (P.L. 110-161), unobligated
balances from the prior year's Diplomatic and Consular Programs
can be transferred to the EDCS account for rewards payments.
For fiscal year 2013, the administration determined that no
additional funds would need to be appropriated for the Rewards
Program. S. 2318 states that ``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).''
D. SECTION-BY-SECTION DESCRIPTION
Section 2 describes the history of the Rewards Programs and
its success to date. It then expresses the sense of Congress
that the program should be expanded to address the growing
threat to important United States interests from transnational
criminal activity and to target individuals indicted by
international, hybrid, or mixed tribunals for genocide, war
crimes, or crimes against humanity beyond those authorized for
the three existing tribunals.
Section 3 makes several policy and technical changes to
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708).
Section 3(1) inserts ``serious violations of international
humanitarian law, transnational organized crime'' into the
purposes section of the law, in addition to the existing
purposes of preventing acts of international terrorism,
international narcotics trafficking, and other related criminal
acts.
As a reflection of the need for broader interagency input
into these issues, Section 3(2) amends existing law by striking
the Attorney General as the sole individual with whom the
Secretary of State is to consult as appropriate and instead
requiring consultation with ``heads of other relevant
departments or agencies,'' which might include the Secretaries
of Defense, Treasury, Homeland Security, and the intelligence
services as well as the Attorney General and other agency
chiefs. This provision regarding interagency consultation is
consistent with current standard operating procedure in
determining candidates for rewards and other matters.
Section 3(2) also authorizes the Secretary of State to
issue rewards for information leading to the arrest or
conviction in any country of any individual for participating
in, primarily outside the United States, transnational
organized crime. It adds ``transnational organized crime
group'' to the existing provision allowing the Secretary of
State to issue a reward to an individual who provides
information related to the identification or location of key
leaders of terrorist organizations. It allows the Secretary to
issue a reward to an individual who takes actions to disrupt
the financial mechanisms of a transnational organized crime
group.
Section 3(2) defines ``Transnational Organized Crime'' as:
```(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.''
Section 3(2) also authorizes the Secretary of State to
issue rewards for information leading to 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. Section 3(2) requires the Secretary
of State to notify the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives not less than 15 days prior to publicly
announcing the availability of each such reward. In this
report, which may be submitted in classified form if necessary,
the Secretary must set forth the reasons why the arrest or
conviction of such foreign national is in the national
interests of the United States.
Section 4 contains a technical correction striking the
previous authorization of a reward for Osama Bin Laden, now
deceased.
Section 5 affirms that nothing in this Act or 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.).
Section 6 states that 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).
IV. Cost Estimate
In accordance with Rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the committee provides this
estimate of the costs of this legislation prepared by the
Congressional Budget Office.
United States Congress,
Congressional Budget Office,
Washington, DC, November 1, 2012.
Hon. John F. Kerry,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2318, the Department
of State Rewards Program Update and Technical Corrections Act
of 2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
S. 2318 The Department of State Rewards Program Update and Technical
Corrections Act of 2012
Summary: S. 2318 would authorize the Department of State to
make payments for information that would prevent or disrupt
transnational organized crime or lead to the arrest or
conviction of persons involved in war crimes, crimes against
humanity, or genocide. CBO estimates that implementing the bill
would have discretionary costs of $10 million over the 2013-
2017 period, assuming appropriation of the necessary amounts.
Pay-as-you-go procedures do not apply to this legislation
because it would not affect direct spending or revenues.
S. 2318 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2318 is shown in the following table.
The costs of this legislation fall within budget function 150
(international affairs).
Changes in Spending Due to S. 2318
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
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Changes in Spending Subject to Appropriation
Estimated Authorization Level...................... 1 2 2 2 2 10
Estimated Outlays.................................. 1 2 2 2 2 10
----------------------------------------------------------------------------------------------------------------
Note: Annual changes do not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that S.
2318 will be enacted early in fiscal year 2013, that the
necessary amounts will be appropriated each year, and that
outlays will follow historical spending patterns for existing
programs.
S. 2318 would expand two existing rewards programs
administered by the Department of State. The War Crimes Rewards
Program makes payments for information about persons indicted
by the Special Court for Sierra Leone and international
tribunals for the former Yugoslavia and Rwanda. Over the last
two years, it has made 14 payments totaling about $6 million.
S. 2318 would expand that program to include other alleged war
criminals.
The department also has a rewards program that targets
international narcotics trafficking. That program made 20
payments totaling about $36 million over the last four years.
The bill would expand that program to cover transnational crime
that does not involve narcotics trafficking (such as
trafficking in weapons, persons, and counterfeit products).
Based on information from the department and average
payments made by both programs in recent years, CBO estimates
that under S. 2318 the department would make two additional
payments each year and that implementing the bill would have
discretionary costs of $1 million in 2013 as the programs
expand, and $2 million a year over the 2014-2017 period.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 2318
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Sunita D'Monte; Impact
on State, Local, and Tribal Governments: J'nell L. Blanco;
Impact on the Private Sector: Marin Randall.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
V. Evaluation of Regulatory Impact
Pursuant to Rule XXVI, paragraph 11(b) of the Standing
Rules of the Senate, the committee has determined that there is
no regulatory impact as a result of this legislation.
VI. Changes in Existing Law
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman).
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
* * * * * * *
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, serious violations of
international humanitarian law, transnational organized crime,
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) of this
section) and in consultation, as appropriate, with the
[Attorney General] heads of other relevant departments or
agencies, 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)] paragraph
(1), (2), (3), (8), or (9);
(5) the prevention, frustration, or favorable
resolution of an act described in [paragraph (1), (2),
or (3)] paragraph (1), (2), (3), (8), or (9), including
by dismantling an organization in whole or significant
part;
(6) the identification or location of an individual
who holds a key leadership position in a terrorist
organization or transnational organized crime group;
[or]
(7) the disruption of financial mechanisms of a
foreign terrorist organization[, including the use by
the organization of illicit narcotics production or
international narcotics trafficking] or transnational
organized crime group, including the use by such
organization or group of illicit narcotics production
or international narcotics trafficking--
(A) to finance acts of international
terrorism or transnational organized crime; or
(B) to sustain or support any terrorist
organization or transnational organized crime
group[.];
(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.
(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) 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 $25,000,000, except
as personally authorized by the Secretary of State if he
determines that offer or payment of an award of a larger amount
is necessary to combat terrorism or defend the Nation against
terrorist acts. Without first making such determination, the
Secretary may authorize a reward of up to twice the amount
specified in this paragraph for the capture or information
leading to the capture of a leader of a foreign terrorist
organization. [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.]
(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.
(6) Forms of reward payment.--The Secretary may make a
reward under this section in the form of money, a nonmonetary
item (including such items as automotive vehicles), or a
combination thereof.
(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) of this
section 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.
(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.
(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) Media Surveys and Advertisements.--(1) Surveys
conducted.--For the purpose of more effectively disseminating
information about the rewards program, the Secretary may use
the resources of the rewards program to conduct media surveys,
including analyses of media markets, means of communication,
and levels of literacy, in countries determined by the
Secretary to be associated with acts of international
terrorism.
(2) Creation and purchase of advertisements.--The Secretary
may use the resources of the rewards program to create
advertisements to disseminate information about the rewards
program. The Secretary may base the content of such
advertisements on the findings of the surveys conducted under
paragraph (1). The Secretary may purchase radio or television
time, newspaper space, or make use of any other means of
advertisement, as appropriate.
(j) Determinations of Secretary.--A determination made by
the Secretary under this section shall be final and conclusive
and shall not be subject to judicial review.
(k) 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 6305 of this title) 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 2405(j)(1)(A) of title 50,
Appendix.
(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) of this
section.
(5) Transnational organized crime.--The term
``transna-tional 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.
[(5)] (7) 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 802(6) of title 21).
[(6)] (8) 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.