In the Senate of the United States,
October 14 (legislative day, October 2), 1998.
Resolved, That the bill from the House of Representa-
tives (H.R. 4660) entitled ‘‘An Act to amend the State De-
partment Basic Authorities Act of 1956 to provide rewards
for information leading to the arrest or conviction of any in-
dividual for the commission of an act, or conspiracy to act,
of international terrorism, narcotics related offenses, or for
serious violations of international humanitarian law relating
to the Former Yugoslavia, and for other purposes.’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I—DEPARTMENT OF
STATE REWARDS PROGRAM
SEC. 101. REVISION OF PROGRAM.
Section 36 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708) is amended to read as follows:
‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
‘‘(a) ESTABLISHMENT.—
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‘‘(1) IN GENERAL.—There is established a pro-
gram 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 inter-
national terrorism, international narcotics traffick-
ing, 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 Gen-
eral.
‘‘(b) REWARDS AUTHORIZED.—In the sole discretion
of the Secretary (except as provided in subsection (c)(2))
and in consultation, as appropriate, with the Attorney Gen-
eral, 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 inter-
national 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;
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‘‘(3) the arrest or conviction in any country of
any individual for committing, primarily outside the
territorial jurisdiction of the United States, any nar-
cotics-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 of-
ficial duties, in connection with the enforce-
ment of United States narcotics laws or the
implementing of United States narcotics
control objectives; or
‘‘(ii) a member of the immediate fam-
ily of any such individual on account of
that individual’s official duties, in connec-
tion 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 paragraph (1), (2), or (3); or
‘‘(5) the prevention, frustration, or favorable res-
olution of an act described in paragraph (1), (2), or
(3).
‘‘(c) COORDINATION.—
‘‘(1) PROCEDURES.—To ensure that the payment
of rewards pursuant to this section does not duplicate
or interfere with the payment of informants or the ob-
taining of evidence or information, as authorized to
the Department of Justice, the offering, administra-
tion, and payment of rewards under this section, in-
cluding 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 for-
eign governments;
‘‘(D) the receipt and analysis of data; and
‘‘(E) the payment and approval of pay-
ment,
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shall be governed by procedures developed by the Sec-
retary of State, in consultation with the Attorney
General.
‘‘(2) PRIOR APPROVAL OF ATTORNEY GENERAL
REQUIRED.—Before making a reward under this sec-
tion 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 (Pub-
lic Law 99–93; 99 Stat. 408), but subject to para-
graph (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 sec-
tion.
‘‘(2) LIMITATION.—No amount of funds may be
appropriated under paragraph (1) which, when added
to the unobligated balance of amounts previously ap-
propriated to carry out this section, would cause such
amounts to exceed $15,000,000.
‘‘(3) ALLOCATION OF FUNDS.—To the maximum
extent practicable, funds made available to carry out
this section should be distributed equally for the pur-
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pose of preventing acts of international terrorism and
for the purpose of preventing international narcotics
trafficking.
‘‘(4) PERIOD
OF
AVAILABILITY.—Amounts ap-
propriated under paragraph (1) shall remain avail-
able until expended.
‘‘(e) LIMITATIONS AND CERTIFICATION.—
‘‘(1) MAXIMUM AMOUNT.—No reward paid under
this section may exceed $5,000,000.
‘‘(2) APPROVAL.—A reward under this section of
more than $100,000 may not be made without the ap-
proval of the Secretary.
‘‘(3) CERTIFICATION
FOR
PAYMENT.—Any re-
ward granted under this section shall be approved
and certified for payment by the Secretary.
‘‘(4) NONDELEGATION OF AUTHORITY.—The au-
thority 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 re-
ward 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 re-
ward as he considers necessary to effect such protec-
tion.
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‘‘(f) INELIGIBILITY.—An officer or employee of any en-
tity of Federal, State, or local government or of a foreign
government who, while in the performance of his or her offi-
cial duties, furnishes information described in subsection
(b) 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 re-
spect to such reward. The report, which may be sub-
mitted 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 signifi-
cance 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 com-
mittees 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
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amounts expended to publicize the availability of re-
wards.
‘‘(h) PUBLICATION REGARDING REWARDS OFFERED
BY FOREIGN GOVERNMENTS.—Notwithstanding any other
provision of this section, in the sole discretion of the Sec-
retary, the resources of the rewards program shall be avail-
able for the publication of rewards offered by foreign govern-
ments regarding acts of international terrorism which do
not involve United States persons or property or a violation
of the narcotics laws of the United States.
‘‘(i) DETERMINATIONS OF THE SECRETARY.—A deter-
mination made by the Secretary under this section shall
be final and conclusive and shall not be subject to judicial
review.
‘‘(j) DEFINITIONS.—As used in this section:
‘‘(1) ACT OF INTERNATIONAL TERRORISM.—The
term ‘act of international terrorism’ includes—
‘‘(A) any act substantially contributing to
the acquisition of unsafeguarded special nuclear
material (as defined in paragraph (8) of section
830 of the Nuclear Proliferation Prevention Act
of 1994 (22 U.S.C. 3201 note)) or any nuclear
explosive device (as defined in paragraph (4) of
that section) by an individual, group, or non-nu-
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clear-weapon state (as defined in paragraph (5)
of that section); and
‘‘(B) any act, as determined by the Sec-
retary, which materially supports the conduct of
international terrorism, including the counter-
feiting of United States currency or the illegal
use of other monetary instruments by an indi-
vidual, group, or country supporting inter-
national terrorism as determined for purposes of
section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)).
‘‘(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional commit-
tees’ 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 in-
dividual stands in loco parentis; and
‘‘(C) any person not covered by subpara-
graph (A) or (B) who is living in the individ-
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ual’s household and is related to the individual
by blood or marriage.
‘‘(4) REWARDS
PROGRAM.—The term ‘rewards
program’ means the program established in subsection
(a)(1).
‘‘(5) UNITED
STATES
NARCOTICS
LAWS.—The
term ‘United States narcotics laws’ means the laws of
the United States for the prevention and control of il-
licit trafficking in controlled substances (as such term
is defined in section 102(6) of the Controlled Sub-
stances Act (21 U.S.C. 802(6))).
‘‘(6) 
UNITED
STATES
PERSON.—The 
term
‘United States person’ means—
‘‘(A) a citizen or national of the United
States; and
‘‘(B) an alien lawfully present in the
United States.’’.
SEC. 102. REWARDS FOR INFORMATION CONCERNING INDI-
VIDUALS SOUGHT FOR SERIOUS VIOLATIONS
OF INTERNATIONAL HUMANITARIAN LAW RE-
LATING TO THE FORMER YUGOSLAVIA.
(a) AUTHORITY.—In the sole discretion of the Sec-
retary of State (except as provided in subsection (b)(2)) and
in consultation, as appropriate, with the Attorney General,
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the Secretary may pay a reward to any individual who
furnishes information leading to—
(1) the arrest or conviction in any country, or
(2) the transfer to, or conviction by, the Inter-
national Criminal Tribunal for the Former Yugo-
slavia,
of any individual who is the subject of an indictment con-
firmed by a judge of such tribunal for serious violations
of international humanitarian law as defined under the
statute of such tribunal.
(b) PROCEDURES.—
(1) To ensure that the payment of rewards pur-
suant to this section does not duplicate or interfere
with the payment of informants or the obtaining of
evidence or information, as authorized to the Depart-
ment of Justice, subject to paragraph (3), the offering,
administration, and payment of rewards under this
section, including procedures for—
(A) identifying individuals, organizations,
and offenses with respect to which rewards will
be offered;
(B) the publication of rewards;
(C) the offering of joint rewards with for-
eign governments;
(D) the receipt and analysis of data; and
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(E) the payment and approval of payment,
shall be governed by procedures developed by the
Secretary of State, in consultation with the At-
torney General.
(2) Before making a reward under this section in
a matter over which there is Federal criminal juris-
diction, the Secretary of State shall obtain the concur-
rence of the Attorney General.
(3) Rewards under this section shall be subject to
any requirements or limitations that apply to re-
wards under section 36 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708) with
respect to the ineligibility of government employees
for rewards, maximum reward amount, and proce-
dures for the approval and certification of rewards for
payment.
(c) REFERENCE.—For the purposes of subsection (a),
the statute of the International Criminal Tribunal for the
Former Yugoslavia means the Annex to the Report of the
Secretary General of the United Nations pursuant to para-
graph 2 of Security Council Resolution 827 (1993) (S/
25704).
(d) DETERMINATION OF THE SECRETARY.—A deter-
mination made by the Secretary of State under this section
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shall be final and conclusive and shall not be subject to judi-
cial review.
(e) PRIORITY.—Rewards under this section may be
paid from funds authorized to carry out section 36 of the
State Department Basic Authorities Act of 1956 (22
U.S.C.). In the Administration and payment of rewards
under the rewards program of section 36 of the State De-
partment Basic Authorities Act of 1956 (22 U.S.C.), the
Secretary of State shall ensure that priority is given for
payments to individuals described in section 36 of that Act
and that funds paid under this section are paid only after
any and all due and payable demands are met under sec-
tion 36 of that Act.
(f) REPORTS.—The Secretary shall inform the appro-
priate committees of rewards paid under this section in the
same manner as required by section 36(g) of the State De-
partment Basic Authorities Act of 1956 (22 U.S.C.).
TITLE 
II—EXTRADITION 
TREA-
TIES INTERPRETATION ACT
OF 1998
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Extradition Treaties
Interpretation Act of 1998’’.
SEC. 202. FINDINGS.
Congress finds that—
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(1) each year, several hundred children are kid-
napped by a parent in violation of law, court order,
or legally binding agreement and brought to, or taken
from, the United States;
(2) until the mid-1970’s, parental abduction gen-
erally was not considered a criminal offense in the
United States;
(3) since the mid-1970’s, United States criminal
law has evolved such that parental abduction is now
a criminal offense in each of the 50 States and the
District of Columbia;
(4) in enacting the International Parental Kid-
napping Crime Act of 1993 (Public Law 103–173;
107 Stat. 1998; 18 U.S.C. 1204), Congress recognized
the need to combat parental abduction by making the
act of international parental kidnapping a Federal
criminal offense;
(5) many of the extradition treaties to which the
United States is a party specifically list the offenses
that are extraditable and use the word ‘‘kidnapping’’,
but it has been the practice of the United States not
to consider the term to include parental abduction be-
cause these treaties were negotiated by the United
States prior to the development in United States
criminal law described in paragraphs (3) and (4);
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(6) the more modern extradition treaties to
which the United States is a party contain dual
criminality provisions, which provide for extradition
where both parties make the offense a felony, and
therefore it is the practice of the United States to con-
sider such treaties to include parental abduction if
the other foreign state party also considers the act of
parental abduction to be a criminal offense; and
(7) this circumstance has resulted in a disparity
in United States extradition law which should be rec-
tified to better protect the interests of children and
their parents.
SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.
For purposes of any extradition treaty to which the
United States is a party, Congress authorizes the interpre-
tation of the terms ‘‘kidnaping’’ and ‘‘kidnapping’’ to in-
clude parental kidnapping.
Attest:
Secretary.