II 

Calendar No. 537 

112TH CONGRESS 

2D SESSION S. 2318 

[Report No. 112–232] 

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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2012 

Mr. KERRY (for himself, Mr. BOOZMAN, Mr. COONS, Mr. ISAKSON, Ms. LANDRIEU, Mr. GRAHAM, and Mr. DURBIN) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

NOVEMBER 13, 2012 

Reported by Mr. KERRY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of State 

3 Rewards Program Update and Technical Corrections Act 

4 of 2012’’. 

5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) The Department of State’s existing rewards 

9 programs permit the payment of reward for informa10 tion leading to the arrest or conviction of— 

11 (A) individuals who have committed, or at12 tempted or conspired to commit, certain acts of 

13 international terrorism; 

14 (B) individuals who have committed, or at15 tempted or conspired to commit, certain nar16 cotics-related offenses; and 

17 (C) individuals who have been indicted by 

18 certain international criminal tribunals. 

19 (2) The Department of State considers the re20 wards program to be ‘‘one of the most valuable as21 sets the U.S. Government has in the fight against 

22 international terrorism’’. Since the program’s incep23 tion in 1984, the United States Government has re24 warded over 60 people who provided actionable in25 formation that, according to the Department of 

26 State, prevented international terrorist attacks or 


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1 helped convict individuals involved in terrorist at2 tacks. 

3 (3) The program has been credited with pro4 viding information in several high-profile cases, in5 cluding the arrest of Ramzi Yousef, who was con6 victed in the 1993 bombing of the World Trade Cen7 ter, the deaths of Uday and Qusay Hussein, who 

8 United States military forces located and killed in 

9 Iraq after receiving information about their loca10 tions, and the arrests or deaths of several members 

11 of the Abu Sayyaf group, believed to be responsible 

12 for the kidnappings and deaths of United States citi13 zens and Filipinos in the Philippines. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the rewards program of the Department of 

16 State should be expanded in order to— 

17 (1) address the growing threat to important 

18 United States interests from transnational criminal 

19 activity, such as intellectual property rights piracy, 

20 money laundering, trafficking in persons, arms traf21 ficking, and cybercrime; and 

22 (2) target other individuals indicted by inter23 national, hybrid, or mixed tribunals for genocide, 

24 war crimes, or crimes against humanity. 


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1 SEC. 3. ENHANCED REWARDS AUTHORITY. 

2 Section 36 of the State Department Basic Authorities 

3 Act of 1956 (22 U.S.C. 2708) is amended— 

4 (1) in subsection (a)(2), by inserting ‘‘serious 

5 violations of international humanitarian law, 

6 transnational organized crime,’’ after ‘‘international 

7 narcotics trafficking,’’; 

8 (2) in subsection (b)— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘Attorney General’’ and inserting 

11 ‘‘heads of other relevant departments or agen12 cies’’; 

13 (B) in paragraphs (4) and (5), by striking 

14 ‘‘paragraph (1), (2), or (3)’’ both places it ap15 pears and inserting ‘‘paragraph (1), (2), (3), 

16 (8), or (9)’’; 

17 (C) in paragraph (6)— 

18 (i) by inserting ‘‘or transnational or19 ganized crime group’’ after ‘‘terrorist orga20 nization’’; and 

21 (ii) by striking ‘‘or’’ at the end; 

22 (D) in paragraph (7)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘, including the use 

25 by the organization of illicit narcotics pro26 duction or international narcotics trafVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2318.RS S2318

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1 ficking’’ and inserting ‘‘or transnational 

2 organized crime group, including the use 

3 by such organization or group of illicit nar4 cotics production or international narcotics 

5 trafficking’’; 

6 (ii) in subparagraph (A), by inserting 

7 ‘‘or transnational organized crime’’ after 

8 ‘‘international terrorism’’; and 

9 (iii) in subparagraph (B)— 

10 (I) by inserting ‘‘or transnational 

11 organized crime group’’ after ‘‘ter12 rorist organization’’; and 

13 (II) by striking the period at the 

14 end and inserting a semicolon; and 

15 (E) by adding at the end the following new 

16 paragraphs: 

17 ‘‘(8) the arrest or conviction in any country of 

18 any individual for participating in, primarily outside 

19 the United States, transnational organized crime; 

20 ‘‘(9) the arrest or conviction in any country of 

21 any individual conspiring to participate in or at22 tempting to participate in transnational organized 

23 crime; or 

24 ‘‘(10) the arrest or conviction in any country, 

25 or the transfer to or conviction by an international 


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1 criminal tribunal (including a hybrid or mixed tri2 bunal), of any foreign national accused of war 

3 crimes, crimes against humanity, or genocide, as de4 fined under the statute of such tribunal.’’; 

5 (3) in subsection (g), by adding at the end the 

6 following new paragraph: 

7 ‘‘(3) ADVANCE NOTIFICATION FOR INTER8 NATIONAL CRIMINAL TRIBUNAL REWARDS.—Not less 

9 than 15 days before publicly announcing that a re10 ward may be offered for a particular foreign national 

11 accused of war crimes, crimes against humanity, or 

12 genocide, the Secretary of State shall submit to the 

13 appropriate congressional committees a report, 

14 which may be submitted in classified form if nec15 essary, setting forth the reasons why the arrest or 

16 conviction of such foreign national is in the national 

17 interests of the United States.’’; and 

18 (4) in subsection (k)— 

19 (A) by redesignating paragraphs (5) and 

20 (6) as paragraphs (7) and (8), respectively; and 

21 (B) by inserting after paragraph (4) the 

22 following new paragraphs: 

23 ‘‘(5) TRANSNATIONAL ORGANIZED CRIME.—The 

24 term ‘transnational organized crime’ means— 


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1 ‘‘(A) racketeering activity (as such term is 

2 defined in section 1961 of title 18, United 

3 States Code) that involves at least one jurisdic4 tion outside the United States; or 

5 ‘‘(B) any other criminal offense punishable 

6 by a term of imprisonment of at least four 

7 years under Federal, State, or local law that in8 volves at least one jurisdiction outside the 

9 United States and that is intended to obtain, 

10 directly or indirectly, a financial or other mate11 rial benefit. 

12 ‘‘(6) TRANSNATIONAL ORGANIZED CRIME

13 GROUP.—The term ‘transnational organized crime 

14 group’ means a group of persons that includes one 

15 or more citizens of a foreign country, exists for a pe16 riod of time, and acts in concert with the aim of en17 gaging in transnational organized crime.’’. 

18 SEC. 4. TECHNICAL CORRECTION. 

19 Section 36(e)(1) of the State Department Basic Au20 thorities Act of 1956 (22 U.S.C. 2708) is amended by 

21 striking ‘‘The Secretary shall authorize a reward of 

22 $50,000,000 for the capture or death or information lead23 ing to the capture or death of Osama bin Laden.’’. 


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1 SEC. 5. RULE OF CONSTRUCTION. 

2 Nothing in this Act or the amendments made by this 

3 Act shall be construed as authorizing the use of activity 

4 precluded under the American Servicemembers’ Protection 

5 Act of 2002 (title II of Public Law 107–206; 22 U.S.C. 

6 7421 et seq.). 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Department of State 

9 Rewards Program Update and Technical Corrections Act 

10 of 2012’’. 

11 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

12 (a) FINDINGS.—Congress makes the following findings: 

13 (1) The Department of State’s existing rewards 

14 programs permit the payment of reward for informa15 tion leading to the arrest or conviction of— 

16 (A) individuals who have committed, or at17 tempted or conspired to commit, certain acts of 

18 international terrorism; 

19 (B) individuals who have committed, or at20 tempted or conspired to commit, certain nar21 cotics-related offenses; and 

22 (C) individuals who have been indicted by 

23 certain international criminal tribunals. 

24 (2) The Department of State considers the re25 wards program to be ‘‘one of the most valuable assets 

26 the U.S. Government has in the fight against interVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S2318.RS S2318

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1 national terrorism’’. Since the program’s inception in 

2 1984, the United States Government has rewarded 

3 over 60 people who provided actionable information 

4 that, according to the Department of State, prevented 

5 international terrorist attacks or helped convict indi6 viduals involved in terrorist attacks. 

7 (3) The program has been credited with pro8 viding information in several high-profile cases, in9 cluding the arrest of Ramzi Yousef, who was convicted 

10 in the 1993 bombing of the World Trade Center, the 

11 deaths of Uday and Qusay Hussein, who United 

12 States military forces located and killed in Iraq after 

13 receiving information about their locations, and the 

14 arrests or deaths of several members of the Abu 

15 Sayyaf group, believed to be responsible for the 

16 kidnappings and deaths of United States citizens and 

17 Filipinos in the Philippines. 

18 (b) SENSE OF CONGRESS.—It is the sense of Congress 

19 that the rewards program of the Department of State should 

20 be expanded in order to— 

21 (1) address the growing threat to important 

22 United States interests from transnational criminal 

23 activity, such as intellectual property rights piracy, 

24 money laundering, trafficking in persons, arms traf25 ficking, and cybercrime; and 


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1 (2) target other individuals indicted by inter2 national, hybrid, or mixed tribunals for genocide, war 

3 crimes, or crimes against humanity. 

4 SEC. 3. ENHANCED REWARDS AUTHORITY. 

5 Section 36 of the State Department Basic Authorities 

6 Act of 1956 (22 U.S.C. 2708) is amended— 

7 (1) in subsection (a)(2), by inserting ‘‘serious 

8 violations of international humanitarian law, 

9 transnational organized crime,’’ after ‘‘international 

10 narcotics trafficking,’’; 

11 (2) in subsection (b)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘Attorney General’’ and inserting 

14 ‘‘heads of other relevant departments or agen15 cies’’; 

16 (B) in paragraphs (4) and (5), by striking 

17 ‘‘paragraph (1), (2), or (3)’’ both places it ap18 pears and inserting ‘‘paragraph (1), (2), (3), (8), 

19 or (9)’’; 

20 (C) in paragraph (6)— 

21 (i) by inserting ‘‘or transnational or22 ganized crime group’’ after ‘‘terrorist orga23 nization’’; and 

24 (ii) by striking ‘‘or’’ at the end; 

25 (D) in paragraph (7)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘, including the use 

3 by the organization of illicit narcotics pro4 duction or international narcotics traf5 ficking’’ and inserting ‘‘or transnational or6 ganized crime group, including the use by 

7 such organization or group of illicit nar8 cotics production or international narcotics 

9 trafficking’’; 

10 (ii) in subparagraph (A), by inserting 

11 ‘‘or transnational organized crime’’ after 

12 ‘‘international terrorism’’; and 

13 (iii) in subparagraph (B)— 

14 (I) by inserting ‘‘or transnational 

15 organized crime group’’ after ‘‘terrorist 

16 organization’’; and 

17 (II) by striking the period at the 

18 end and inserting a semicolon; and 

19 (E) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(8) the arrest or conviction in any country of 

22 any individual for participating in, primarily out23 side the United States, transnational organized crime; 

24 ‘‘(9) the arrest or conviction in any country of 

25 any individual conspiring to participate in or atVerDate Mar 15 2010 23:47 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2318.RS S2318

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1 tempting to participate in transnational organized 

2 crime; or 

3 ‘‘(10) the arrest or conviction in any country, or 

4 the transfer to or conviction by an international 

5 criminal tribunal (including a hybrid or mixed tri6 bunal), of any foreign national accused of war crimes, 

7 crimes against humanity, or genocide, as defined 

8 under the statute of such tribunal.’’; 

9 (3) in subsection (g), by adding at the end the 

10 following new paragraph: 

11 ‘‘(3) ADVANCE NOTIFICATION FOR INTER12 NATIONAL CRIMINAL TRIBUNAL REWARDS.—Not less 

13 than 15 days before publicly announcing that a re14 ward may be offered for a particular foreign national 

15 accused of war crimes, crimes against humanity, or 

16 genocide, the Secretary of State shall submit to the 

17 appropriate congressional committees a report, which 

18 may be submitted in classified form if necessary, set19 ting forth the reasons why the arrest or conviction of 

20 such foreign national is in the national interests of 

21 the United States.’’; and 

22 (4) in subsection (k)— 

23 (A) by redesignating paragraphs (5) and 

24 (6) as paragraphs (7) and (8), respectively; and 


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1 (B) by inserting after paragraph (4) the fol2 lowing new paragraphs: 

3 ‘‘(5) TRANSNATIONAL ORGANIZED CRIME.—The 

4 term ‘transnational organized crime’ means— 

5 ‘‘(A) racketeering activity (as such term is 

6 defined in section 1961 of title 18, United States 

7 Code) that involves at least one jurisdiction out8 side the United States; or 

9 ‘‘(B) any other criminal offense punishable 

10 by a term of imprisonment of at least four years 

11 under Federal, State, or local law that involves 

12 at least one jurisdiction outside the United 

13 States and that is intended to obtain, directly or 

14 indirectly, a financial or other material benefit. 

15 ‘‘(6) TRANSNATIONAL ORGANIZED CRIME

16 GROUP.—The term ‘transnational organized crime 

17 group’ means a group of persons that includes one or 

18 more citizens of a foreign country, exists for a period 

19 of time, and acts in concert with the aim of engaging 

20 in transnational organized crime.’’. 

21 SEC. 4. TECHNICAL CORRECTION. 

22 Section 36(e)(1) of the State Department Basic Au23 thorities Act of 1956 (22 U.S.C. 2708) is amended by strik24 ing ‘‘The Secretary shall authorize a reward of $50,000,000 


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1 for the capture or death or information leading to the cap2 ture or death of Osama bin Laden.’’. 

3 SEC. 5. RULE OF CONSTRUCTION. 

4 Nothing in this Act or the amendments made by this 

5 Act shall be construed as authorizing the use of activity pre6 cluded under the American Servicemembers’ Protection Act 

7 of 2002 (title II of Public Law 107–206; 22 U.S.C. 7421 

8 et seq.). 

9 SEC. 6. FUNDING. 

10 The Secretary of State shall use amounts appropriated 

11 or otherwise made available to the Emergencies in the Dip12 lomatic and Consular Services account of the Department 

13 of State to pay rewards authorized pursuant to this Act 

14 and to carry out other activities related to such rewards 

15 authorized under section 36 of the State Department Basic 

16 Authorities Act (22 U.S.C. 2708). 


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Calendar No. 537 

112TH CONGRESS 

2D SESSION S. 2318 

[Report No. 112–232] 

A BILL 

To authorize the Secretary of State to pay a reward 

purposes. by international criminal tribunals, and for other information concerning foreign nationals wanted to combat transnational organized crime and for 

NOVEMBER 13, 2012 

Reported with an amendment 


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