Extradition Treaties Interpretation Act of 1998
PL 105-323 (H.R.4660), enacted 10/30/1998

PUBLIC LAW 105-323—OCT. 30, 1998 
112 STAT. 3029 
Public Law 105-323 
105th Congress 
An Act 
To amend the State Department Basic Authorities Act of 1956 to provide rewards 
for information leading to the arrest or conviction of any individual for the 
n f ^n IQQR 
commission of an act, or conspiracy to act, of international terrorism, narcotics 
— 
'-
related offenses, or for serious violations of international humanitarian law relating 
[H.R. 4660] 
to the Former Yugoslavia, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
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.— 
"(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, 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 Sec-
retary (except as provided in subsection (c)(2)) and in consultation, 
as appropriate, with the Attorney General, 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; 
112 STAT. 3030 
PUBLIC LAW 105-323—OCT. 30, 1998 
"(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 objec-
tives; 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); or 
"(5) the prevention, frustration, or favorable resolution 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 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) identif)dng 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 govern-
ments; 
"(D) the receipt and analysis of data; and 
"(E) the payment and approval of pa3mnent, 
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 (PubUc Law 99-93; 99 Stat. 408), but 
subject to paragraph (2), there are authorized to be appro-
priated to the Department of State from time to time such 
amounts as may be necessary to carry out this section. 
"(2) LIMITATION.—No amount of funds may be appropriated 
under paragraph (1) which, when added to the unobligated 
balance of amounts previously appropriated to carry out this 
section, would cause such amounts to exceed $15,000,000. 
"(3) ALLOCATION OF FUNDS.—^To the maximum extent prac-
ticable, funds made available to carry out this section should 
be distributed equally for the purpose of preventing acts of 
international terrorism and for the purpose of preventing inter-
national narcotics trafficking. 
,, , , 
, 
PUBLIC LAW 105-323—OCT. 30, 1998 
112 STAT. 3031 
"(4) 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 $5,000,000. 
"(2) APPROVAL.—^A reward under this section of more than 
$100,000 may not be made without the approval of the Sec-
retary. 
"(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 Sec-
retary may take such measures in connection with the payment 
of the reward as he considers necessary to effect such protection. 
"(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) shall not be eligible for 
a reward under this section. 
"(g) REPORTS.— 
"(1) REPORTS ON PAYMENT OF REWARDS.—^Not later than Deadline. 
30 days after the payment of any reward under this section, 
the Secretary shall submit a report to the appropriate congres-
sional 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 Deadline. 
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. 
"(h) PUBLICATION REGARDING REWARDS OFFERED BY FOREIGN 
GOVERNMENTS.—Notwithstanding any other provision of this sec-
tion, 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) DETERMINATIONS OF THE SECRETARY.—^A determination 
made by the Secretary under this section shall be final and conclu-
sive 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 acquisi-
tion of unsafeguarded special nuclear material (as defined 
112 STAT. 3032 
PUBLIC LAW 105-323—OCT. 30, 1998 
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-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 individ-
ual, group, or country supporting international terrorism 
as determined for purposes of section 6(j)(l)(A) of the 
Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(l)(A)). 
"(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 'mem-
ber 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). 
"(5) 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 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6))). 
"(6) UNITED STATES PERSON.—^The term 'United States per-
son' means— 
"(A) a citizen or national of the United States; and 
"(B) an alien lawfully present in the United States.". 
22 use 2708 
SEC. 102. REWARDS FOR INFORMATION CONCERNING INDIVIDUALS 
note. 
SOUGHT FOR SERIOUS VIOLATIONS OF INTERNATIONAL 
HUMANITARIAN LAW RELATING TO THE FORMER YUGO-
SLAVIA. 
(a) AUTHORITY.—In the sole discretion of the Secretary of State 
(except as provided in subsection (b)(2)) and in consultation, as 
appropriate, with the Attorney General, 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 International Crimi-
nal Tribunal for the Former Yugoslavia, 
of any individual who is the subject of an indictment confirmed 
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 pa3mtient of rewards pursuant to 
this section does not duplicate or interfere with the payment 
PUBLIC LAW 105-323—OCT. 30, 1998 
112 STAT. 3033 
of informants or the obtaining of evidence or information, as 
authorized to the Department 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 foreign govern-
ments; 
(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) 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. 
(3) Rewards under this section shall be subject to any 
requirements or limitations that apply to rewards 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 paragraph 2 of Security Council Resolu-
tion 827 (1993) (S/25704). 
(d) DETERMINATION OF THE SECRETARY.—^A determination made 
by the Secretary of State under this section shall be final and 
conclusive and shall not be subject to judicial 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. In the Administration and payment 
of rewards under the rewards program of section 36 of the State 
Department Basic Authorities Act of 1956, the Secretary of State 
shall ensure that priority is given for pajonents 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 section 36 of that Act. 
(f) REPORTS.—^The Secretary shall inform the appropriate 
committees of rewards paid under this section in the same manner 
as required by section 36(g) of the State Department Basic Authori-
ties Act of 1956. 
TITLE II—EXTRADITION TREATIES 
E
x
t
r
a
d
i
t
i
o
n 
INTERPRETATION ACT OF 1998 
^^te^'tation 
Act of 1998. 
SEC. 201. SHORT TITLE. 
' 
18USC3181 
This title may be cited as the "Extradition Treaties Interpreta-
tion Act of 1998". 
SEC. 202. FINDINGS. 
18 USC 3181 
Congress finds that— 
(1) each year, several hundred children are kidnapped by 
a parent in violation of law, court order, or legally binding 
agreement and brought to, or taken from, the United States; 
112 STAT. 3034 
PUBLIC LAW 105-323—OCT. 30, 1998 
(2) until the mid-1970's, parental abduction generally 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 Kidnapping 
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 kidnap-
ping a Federal criminal offense; 
(5) many of the extradition treaties to which the United 
States is a party specifically list the offenses that are extra-
ditable and use the word "kidnapping", but it has been the 
practice of the United States not to consider the term to include 
parental abduction because these treaties were negotiated by 
the United States prior to the development in United States 
criminal law described in paragraphs (3) and (4); 
(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 consider 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 rectified to better protect 
the interests of children and their parents. 
18 use 3181 
SEC. 203. INTERPRETATION OF EXTRADITION TREATIES. 
For purposes of any extradition treaty to which the United 
States is a party, Congress authorizes the interpretation of the 
terms "kidnaping" and "kidnapping" to include parental kidnapping. 
Approved October 30, 1998. 
LEGISLATIVE HISTORY—H.R. 4660 (S. 1266): 
SENATE REPORTS: No. 105-101 accompanying S. 1266 (Comm. on Foreign Rela-
tions). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 8, considered and passed House. 
Oct. 14, considered and passed Senate, amended. 
Oct. 15, House concurred in Senate amendment.