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[Senate Report 112-232]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 537
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-232

======================================================================

 
 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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \3\National Security Staff, Strategy to Combat Transnational 
Organized Crime, July 25, 2011; http://www.whitehouse.gov/
administration/eop/nsc/transnational-crime.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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
----------------------------------------------------------------------------------------------------------------
                                  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.

                                  
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