29–010 

Calendar No. 537 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–232 

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 

R E P O R T 

[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. 


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1Transnational 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. 

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 wellbeing 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

The President’s 2011 ‘‘Strategy to Combat Transnational Organized Crime: Addressing Converging Threats to National Security’’ 


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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. 4Opening 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. 

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

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 Arme ́es de la Re ́publique 

De ́mocratique 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

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 


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5S. 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. 

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 postconflict reconstruction and reconciliation.5

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. 


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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 


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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 


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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). 


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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. 


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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 øAttorney 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); 


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(4) the arrest or conviction in any country of any individual 

aiding or abetting in the commission of an act described in 

øparagraph (1), (2), or (3)¿ paragraph (1), (2), (3), (8), or (9); 

(5) the prevention, frustration, or favorable resolution of an 

act described in øparagraph (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; øor¿ 

(7) the disruption of financial mechanisms of a foreign terrorist organizationø, 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 groupø.¿; 

(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. 


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(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. øThe Secretary shall au- thorize 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 TRI- BUNAL 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 SecVerDate Mar 15 2010 05:22 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\SR232.XXX SR232

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retary 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 


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13 

(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 ‘‘transnational organized crime’’ means— 

(A) racketeering activity (as such term is defined in section 1961 of title 18, United States Code) that involves at 

least one jurisdiction outside the United States; or 

(B) any other criminal offense punishable by a term of 

imprisonment of at least four years under Federal, State, or 

local law that involves at least one jurisdiction outside the 

United States and that is intended to obtain, directly or indirectly, a financial or other material benefit. 

(6) TRANSNATIONAL ORGANIZED CRIME GROUP.—The term 

‘‘transnational organized crime group’’ means a group of persons that includes one or more citizens of a foreign country, exists for a period of time, and acts in concert with the aim of engaging in transnational organized crime. 

ø(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). 

ø(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. 

Æ 


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