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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mercury Reduction and Energy
Security Act of 2010''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) The Environmental Protection Agency (''EPA'') was
required by the terms of the Clean Air Act Amendments of 1990
and a 1998 consent agreement to determine whether regulation of
mercury from electric utility steam generating units under
section 112 of the Clean Air Act was appropriate and necessary.
(2) In a December 2000, regulatory finding, the EPA
concluded that regulation of mercury from electric utility
steam generating units was appropriate and necessary.
(3) In 2005, the EPA withdrew its 2000 regulatory finding
in favor of a national cap-and-trade system for mercury
emissions from electric utility steam generating units, the
Clean Air Mercury Rule (''CAMR'').
(4) CAMR was subsequently challenged in petitions for
review filed by 17 States.
(5) The United States Court of Appeals for the District of
Columbia Circuit vacated the rule on February 8, 2008, finding
that once the EPA had listed electric utility steam generating
units as a source of hazardous air pollutants, it was required
by law to proceed with Maximum Achievable Control Technology
(''MACT'') regulations under section 112 of the Clean Air Act
unless it delisted the source category, under procedures set
forth in section 112(c)(9).
(6) Mercury control technologies for coal-fired electric
utility steam generating units have advanced rapidly in the
last few years.
(b) Purpose.--The purpose of this Act is to protect public health
and welfare, and the environment, through mercury emission reductions
from electric utility steam generating units.

SEC. 3. MERCURY EMISSION REDUCTIONS.

The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following new title:

''TITLE VII--MERCURY REDUCTIONS

''SEC. 701. DEFINITIONS.

''In this title:
''(1) Affected unit.--The term 'affected unit' means a
coal-fired electric steam generating unit (including a
cogeneration unit) that--
''(A) has a nameplate capacity greater than 25
megawatts; and
''(B) generates electricity for sale.
''(2) Cogeneration unit.--The term 'cogeneration unit'
means a stationary, coal-fired boiler or a stationary, coal-
fired combustion turbine having equipment used to produce
electricity and useful thermal energy for industrial,
commercial, heating, or cooling purposes through the sequential
use of energy that produces during the 12-month period starting
on the date the unit first produces electricity and during any
calendar year after which the unit first produces electricity--
''(A) for a topping-cycle cogeneration unit--
''(i) useful thermal energy not less than 5
percent of total energy output; and
''(ii) useful power that, when added to
one-half of useful thermal energy produced, is
not less than--
''(I) 42.5 percent of total energy
input if useful thermal energy produced
is 15 percent or more of total energy
output; or
''(II) 45 percent of total energy
input if useful thermal energy produced
is less than 15 percent of total energy
output; and
''(B) for a bottoming-cycle cogeneration unit,
useful power not less than 45 percent of total energy
input.
''(3) Inlet mercury.--The term 'inlet mercury' means the
quantity of mercury found--
''(A) in the as-fired coal used by an affected
unit; or
''(B) for an affected unit using coal that is
subjected to an advanced coal cleaning technology, in
the as-mined coal used by the affected unit.

''SEC. 702. MERCURY REDUCTION PROGRAM.

''(a) Annual Limitation for Affected Units.--Except as provided in
subsection (f), an affected unit in operation before or after the date
of enactment of this title shall be subject to the following emission
limitations on an annual average calendar year basis with respect to
mercury:
''(1) Calendar years 2012 through 2014.--For the period
beginning on January 1, 2012, and ending on December 31, 2014,
the less stringent limitation of the following (calculated on a
one-year rolling average):
''(A) 80 percent capture of inlet mercury.
''(B) An emission rate of 1.60 pounds of mercury
per trillion British thermal units of input coal.
''(2) Calendar year 2015 and thereafter.--For calendar year
2015 and each calendar year thereafter, the less stringent
limitation of the following (calculated on a one-year rolling
average):
''(A) 90 percent capture of inlet mercury.
''(B) An emission rate of 0.80 pounds of mercury
per trillion British thermal units of input coal.
''(b) Averaging Across Units Within a Facility or State.--(1) An
owner or operator of more than one affected unit at a single facility
may demonstrate compliance with the applicable annual average emission
limitations under subsection (a) by averaging emissions from all
affected units at that facility, weighted by total input coal British
thermal units.
''(2) An owner or operator of more than one affected unit or units
within a State may demonstrate compliance with the applicable annual
average emission limitations under subsection (a) by averaging
emissions from all affected units owned or operated by that owner or
operator within such State, weighted by total input coal British
thermal units, if all affected units are owned or operated by the same
entity.
''(3) If an affected unit is owned or operated by more than one
entity, the State in which the affected unit is located shall allocate
to each such owner or operator an appropriate portion of the generation
from the affected unit for purposes of averaging emissions pursuant to
paragraph (1) or (2).
''(c) Reference Methods for Measuring Mercury Emissions.--(1) The
owner or operator of an affected unit shall use any of the following
methods as a reference method to calibrate the instruments used to
measure the mercury concentration in emissions from affected units:
''(A) ASTM D6784-02, 'Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury
in Flue Gas Generated from Coal-Fired Stationary
Sources' (Ontario Hydro Method).
''(B) 40 C.F.R. Part 60, Appendix A-8, Method 29,
'Determination of Metals Emissions from Stationary
Sources'.
''(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A,
'Determination of Total Vapor Phase Mercury Emissions
from Stationary Sources (Instrumental Analyzer
Procedure)'.
''(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B,
'Determination of Total Vapor Phase Mercury Emissions
from Coal-Fired Combustion Sources Using Carbon Sorbent
Traps'.
''(2) The Administrator may revise or supplement the list of
permitted methods set forth in paragraph (1) to reflect improvements or
other developments in the measurement of mercury emissions from coal-
fired electric steam generating units.
''(d) Monitoring System.--(1) The owner or operator of an affected
unit shall install and operate a continuous emissions monitoring system
(CEMS) to measure the quantity of mercury that is emitted from each
affected unit.
''(2) For purposes of complying with paragraph (1), the owner or
operator of an affected unit may use--
''(A) any CEMS that meets the requirements in Performance
Specification 12A (PS-12A), 'Specifications and Test Procedures
for Total Vapor-Phase Mercury Continuous Monitoring Systems in
Stationary Sources';
''(B) a mercury concentration CEMS that meets the
requirements of 40 C.F.R. Part 75; or
''(C) a sorbent trap monitoring system that meets the
requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix
K, 'Quality Assurance and Operating Procedures for Sorbent Trap
Monitoring Systems';
''(3) The Administrator may revise or supplement the list
of permitted monitoring systems set forth in paragraph (2) to
reflect improvements or other developments in mercury emissions
reduction technologies and mercury emissions monitoring
systems.
''(e) Excess Emissions.--(1) Except as provided in subsection (f),
the owner or operator of an affected unit that emits mercury in excess
of the applicable annual average emission limitation under subsection
(a) shall pay an excess emissions penalty determined under paragraph
(2).
''(2) The excess emissions penalty for mercury shall be an amount
equal to $50,000 for each pound of mercury emitted in excess of the
applicable annual average emission limitation under subsection (a).
Such penalty shall be prorated for each fraction of a pound.
''(f) Best Practices.--(1) Effective, January 1, 2015, if the owner
or operator of any affected unit fails to achieve the annual average
emission limitation under subsection (a)(2), such owner or operator may
notify the Administrator of such failure prior to March 1, 2015, and
request an alternate emissions limitation for mercury with respect to
such affected unit. Such owner or operator shall submit to the
Administrator mercury emissions data measured by a CEMS that complies
with subsection (d) for evaluation. If the Administrator determines
that such owner or operator has properly installed and operated such
CEMS and control technology designed to achieve such annual average
emission limitation and is unable to meet such limitation, the
Administrator may, not later than April 1, 2016, establish an alternate
emissions limitation for mercury with respect to such affected unit
based on the optimal performance of properly installed and operated
control technology.
''(2) With respect to any affected unit, for any year for which an
alternate emissions limitation for mercury is in place for such
affected unit, the Administrator may review such alternate emissions
limitation and impose a more stringent emissions limitation for mercury
for the subsequent year based on new data regarding the demonstrated
control capabilities of the type of control technology installed and
operated at such affected unit.
''(3)(A) Except as provided in subparagraph (B), an owner or
operator of an affected unit failing to achieve the annual average
emission limitation under subsection (a)(2) that notifies the
Administrator of such failure and requests and alternate emissions
limitation for mercury pursuant to paragraph (1) shall be considered in
compliance with this section (and not subject to any excess emissions
penalty) for the period beginning on January 1, 2015, and ending on the
date such an alternate emissions limitation is implemented.
''(B) An owner or operator described in subparagraph (A) shall pay
an excess emissions penalty, as determined under subsection (e)(2), for
the period described in such subparagraph, if such owner or operator
operates or maintains the affected unit, including any associated air
pollution control equipment, in a manner that is inconsistent with good
air pollution control practices for the minimization of mercury
emissions, as determined by the Administrator. In determining whether
the owner or operator of the affected unit operates and maintains the
affected unit in a manner that is consistent with good air pollution
control practices for the minimization of mercury emissions, the
Administrator may review the emissions monitoring data and operating
and maintenance procedures of the affected unit and may inspect the
affected unit.
''(4)(A) With respect to any affected unit for which an alternate
emissions limitation for mercury is in place under this subsection, the
owner or operator of such affected unit that emits mercury in excess of
such alternate emissions limitation shall pay an excess emissions
penalty determined under subparagraph (B).
''(B) The excess emissions penalty for mercury for an owner or
operator of an affected unit described in subparagraph (A) shall be an
amount equal to $50,000 for each pound of mercury emitted in excess of
the alternate emissions limitation for mercury in place for such
affected unit. Such penalty shall be prorated for each fraction of a
pound.
''(g) Sole Limitation on Mercury.--This title shall apply the sole
emission standard or limitation under this Act with regard to the
emission of mercury from electric utility steam generating units and
shall supersede any other such requirement under section 112 or any
other provision of this Act.
''(h) Relationship to Other Law.--Except as otherwise specifically
provided in this title, nothing in this title precludes a State or
political subdivision of a State from adopting or enforcing any
additional requirements for the control or abatement of mercury
emissions, except that no State or political subdivision thereof shall
adopt or attempt to enforce any standard relating to the reduction or
control of mercury emissions from electric utility steam generating
units that is less stringent than the standards provided in this
title.''.
[A]: Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units (coal-fired electric steam generating units that have nameplate capacities greater than 25 megawatts and generate electricity for sale) to reduce mercury emissions by the less stringent limitation of: (1) 80% capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014; and (2) 90% capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter.

Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units.

Establishes excess emissions penalties for mercury. Sets forth compliance provisions.

Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation; (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations; and (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015.

Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Shareholder Empowerment Act of
2009''.

SEC. 2. MAJORITY VOTING FOR DIRECTORS.

The Securities Exchange Act of 1934 is amended by adding after
section 16 the following new section:

''SEC. 16A. ELECTION OF DIRECTORS.

''(a) Standards Relating to Election of Directors.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Standards for election of directors.--
''(A) Majority voting.--Each issuer shall, to the
extent permitted under State law, provide in its
governing documents that--
''(i) directors in uncontested elections
shall be elected by a majority of the votes
cast as to each nominee; and
''(ii) in contested elections where the
number of nominees exceeds the number of
directors to be elected, directors shall be
elected by the vote of a plurality of the
shares represented at any meeting and entitled
to vote on the election of directors.
''(B) Resignation policy.--Each issuer shall also,
to the extent permitted under State law, adopt
procedures under which any director who is not elected
to a new term shall offer to tender his or her
resignation to the board of directors. The board of
directors, with the advice of a committee of the board
if such a committee has been established for that
purpose, shall determine what action should be taken as
to that resignation and shall publicly disclose its
decision and the rationale for that decision within a
reasonable period after certification of the election
results.
''(b) Shareholder Access to the Proxy in Director Elections.--
''(1) Rule.--Not later than 270 days after the date of
enactment of this section, the Commission shall, by rule,
require that in proxy statements and proxies, authorizations or
consents prepared by an issuer pursuant to section 14, the
issuer shall identify and provide security holders with an
opportunity to vote on candidates for the board of directors
who have been nominated by holders in the aggregate at least 1
percent of the issuer's voting securities for at least 2 years
prior to a record date established by the issuer for a meeting
of security holders.
''(2) Application.--This rule shall specify the information
to be provided to an issuer by security holders who nominate
candidates for inclusion in an issuer's proxy materials under
this section and shall require the issuer to disclose
information about such candidates in the issuer's proxy
materials to the same extent that information must be disclosed
about candidates nominated by the issuer. This rule shall apply
only when eligible security holders have nominated fewer than a
majority of the number of directors then authorized to serve on
the board of directors, and the rule shall specify procedures
to be followed if different security holders nominate
candidates sufficient to constitute a majority of the board of
directors.
''(3) Effective date.--The rule shall apply to proxy voting
for meetings of security holders held on or after January 1,
2010, except to the extent that a meeting was originally
scheduled to be held in 2009, but was adjourned to 2010.
''(c) Broker Discretionary Voting in Uncontested Director
Elections.--Not later than 270 days after the date of enactment of this
section, the Commission shall by, rule, require that a broker shall not
be allowed to vote securities on an uncontested election to the board
of directors of an issuer to the extent that the beneficial owner of
those securities has not provided specific instructions to the broker.
The rule shall apply to proxy voting for meetings of security holders
held on or after January 1, 2010, except to the extent that a meeting
was originally scheduled to be held in 2009, but was adjourned to 2010.
''(d) Independent Chairman of the Board of Directors.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Independent chairman of the board of directors.--Each
issuer shall provide in its governing documents or a public
statement of corporate policy that, to the extent possible and
consistent with the issuer's status as a publicly traded
company, the chairman of the board of directors shall be an
independent director who has not previously served as an
executive officer of the issuer. Such rule shall be implemented
with due regard for contracts in existence on the date of
enactment of this section. For purposes of this subsection, an
'independent director' shall be one who during the preceding 5
years has not been--
''(A) employed by the issuer in an executive
capacity;
''(B) an employee, director or owner greater than
20 percent of the beneficial shares of a firm that is a
paid adviser or consultant to the issuer;
''(C) employed by a significant customer or
supplier of the issuer;
''(D) a party to a personal services contract with
the issuer, as well as with the issuer's Chair, chief
executive officer, or other senior executive officer;
''(E) an employee, officer or director of a
foundation, university or other non-profit organization
that receives the greater of $100,000 or 1 percent of
total annual donations from the issuer;
''(F) a relative of an executive of the issuer;
''(G) part of an interlocking directorate in which
the issuer's chief executive officer or another
executive serves on the board of another issuer
employing that director; and
''(H) engaged in any other relationship with the
issuer or senior executives that the Commission
determines would not render that director an
independent director.''.

SEC. 3. EXECUTIVE COMPENSATION REQUIREMENTS.

The Securities Exchange Act of 1934 is further amended by adding
after the section 16A, as added by section 2, the following new section

''SEC. 16B. EXECUTIVE COMPENSATION REQUIREMENTS.

''(a) Shareholder Approval of Executive Compensation.--
''(1) Annual shareholder vote on executive compensation.--
Any proxy or consent or authorization for an annual or other
meeting of an issuer shall permit a separate vote by
shareholders to approve the compensation of senior executive
officers, as disclosed pursuant to the compensation disclosure
rules of the Commission (which disclosure shall include the
compensation discussion and analysis, the compensation tables,
and any related material).
''(2) Non-binding nature of vote.--A shareholder vote
described in paragraph (1) shall not be binding on the board of
directors of an issuer and may not be construed as overruling a
decision by such board, nor to create or imply any additional
fiduciary duty by such board, nor shall such vote be construed
to restrict or limit the ability of security holders to make
proposals for inclusion in proxy materials related to executive
compensation.
''(3) Deadline for rules.--Not later than 1 year after the
date of enactment of this section, the Commission shall issue
any final rules and regulations required by this section.
''(4) Exception.--This provision shall not apply to any
issuer who is subject to a similar recoupment requirement under
another provision of Federal law.
''(b) Independent Compensation Advisers.--
''(1) Requirement.--Not later than 1 year after the date of
enactment of this section, the Commission shall, by rule,
require that if an issuer's board of directors or a committee
thereof retains an individual adviser or advisory firm in
conjunction with negotiating employment contracts or
compensation agreements with the issuer's executives, the
individual adviser and his or her firm shall be independent of
the issuer, its executives and directors, and shall report
solely to the board of directors or the committee thereof
responsible for executive compensation. The rule shall further
require that issuers shall not agree to indemnify or limit the
liability of compensation advisers or advisory firms.
''(2) Determination.--In determining the extent to which an
adviser or advisory firm is independent of an issuer within the
meaning of this section, the Commission shall consider such
matters as--
''(A) the extent (as measured by annual fees and
other relevant metrics) to which an individual adviser
or advisory firm provides services in conjunction with
negotiating employment contracts or compensation
agreements with the issuer's executives, as compared to
other services that the adviser or advisory firm
provides to the issuer or executives;
''(B) whether individual advisers are permitted to
hold equity and do hold equity in the issuer; and
''(C) whether an advisory firm's incentive
compensation plan links the compensation of individual
advisers to the advisory firm's provision of other
services to the issuer.
''(c) Clawbacks of Unearned Performance-Based Pay.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Recoupment of unearned compensation.--An issuer's
board of directors or a committee thereof shall develop and
disclose a policy for reviewing unearned bonus payments,
incentive payments, or equity payments that were awarded to
executive officers owing to fraud, financial results that
require restatement, or some other cause. The policy should
require recovery or cancellation of any unearned payments to
the extent that it is feasible and practical to do so.
''(3) Exception.--This provision shall not apply to any
issuer who is subject to a similar recoupment requirement under
another provision of Federal law.
''(d) Severance Agreements Tied to Performance.--
''(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
''(2) Severance agreements tied to performance.--An
issuer's board of directors or a committee thereof shall not
enter into agreements providing for severance payments to a
senior executive officer who is terminated because of poor
performance as an executive, as determined by the board of
directors. To the extent that an issuer is able to terminate a
senior executive officer for cause, poor performance by the
executive, as determined by the board of directors, shall be
considered as one such cause. The rule shall be implemented
with due regard for contracts in existence on the date of
enactment of this section.
''(e) Improved Disclosure of Compensation Targets.--Not later than
1 year after the date of enactment of this section, the Commission
shall, by rule, require additional disclosure of specific performance
targets that are used by issuers to determine a senior executive
officer's eligibility for bonuses, equity and incentive compensation.
The Commission shall consider methods to improve disclosure in
situations when it is claimed that disclosure would result in
competitive harm to the issuer, including, requirements that the issuer
describe its past experience with similar target levels, disclose any
inconsistencies between compensation targets and targets set in other
contexts, submit a request for confidential treatment of the
performance targets under Commission rules, or disclose the data after
disclosure would no longer be considered competitively harmful.''.
[A]: Shareholder Empowerment Act of 2009 - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to prohibit national securities exchanges and associations from listing the securities of any issuer unless, to the extent permitted by state law, such issuer requires: (1) the election of directors who receive the majority of votes in uncontested elections or a plurality of votes in contested elections; and (2) directors who are not reelected to offer to tender their resignations.

Directs the SEC to: (1) require issuers to identify and provide security holders with an opportunity to vote on director candidates who have been nominated by holders of at least 1% of the issuer's voting securities for at least two years, provided security holders have nominated fewer than a majority of the directors then authorized to serve; (2) prohibit brokers from voting securities on an uncontested election to the board of directors without having received specific instructions from the securities' beneficial owners; and (3) requires listed issuers, to the extent possible, to have an independent chairman of their board of directors who has not served as an executive of the issuer.

Requires any proxy or consent or authorization for an annual or other meeting of a securities issuer to permit a separate shareholder vote on executive compensation, though such vote shall not be binding on its board of directors.

Directs the SEC to direct the national securities exchanges and national securities associations to prohibit: (1) issuers from retaining advisors in negotiating executive employment or compensation agreements that are not independent or are protected from liability by such issuers; (2) the listing of issuers that do not have a (clawback) policy of recovering executive payments that were unearned due to fraud, faulty financial statements, or some other cause; and (3) the listing of issuers that provide severance payments to senior executives who are terminated for poor performance.

Directs the SEC to require additional disclosure of specific performance targets issuers use in determining a senior executive's eligibility for bonuses, equity, and incentive compensation.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Department of State Rewards Program
Update and Technical Corrections Act of 2012''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

(a) Findings.--Congress finds the following:
(1) The Department of State's existing rewards programs
permit the payment of reward for information leading to the
arrest or conviction of--
(A) individuals who have committed, or attempted or
conspired to commit, certain acts of international
terrorism;
(B) individuals who have committed, or attempted or
conspired to commit, certain narcotics-related
offenses; and
(C) individuals who have been indicted by certain
international criminal tribunals.
(2) The Department of State considers the rewards program
to be ''one of the most valuable assets the U.S. Government has
in the fight against international terrorism.''. Since the
program's inception in 1984, the United States has rewarded
over 60 people who provided actionable information that,
according to the Department of State, prevented international
terrorist attacks or helped convict individuals involved in
terrorist attacks.
(3) The program has been credited with providing
information in several high-profile cases, including the arrest
of Ramzi Yousef, who was convicted in the 1993 bombing of the
World Trade Center, the deaths of Uday and Qusay Hussein, who
United States military forces located and killed in Iraq after
receiving information about their locations, and the arrests or
deaths of several members of the Abu Sayyaf group, believed to
be responsible for the kidnappings and deaths of Americans and
Filipinos in the Philippines.
(b) Sense of Congress.--It is the sense of Congress that the
rewards program of the Department of State should be expanded in order
to--
(1) address the growing threat to important United States
interests from transnational criminal activity, such as
intellectual property rights piracy, money laundering,
trafficking in persons, arms trafficking, and cybercrime; and
(2) target other individuals indicted by international,
hybrid, or mixed tribunals for genocide, war crimes, or crimes
against humanity.

SEC. 3. ENHANCED REWARDS AUTHORITY.

Section 36 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ''serious violations
of international humanitarian law, transnational organized
crime,'' after ''international narcotics trafficking,'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ''Attorney General'' and inserting ''heads of
other relevant departments or agencies'';
(B) in paragraphs (4) and (5), by striking
''paragraph (1), (2), or (3)'' each place it appears
and inserting ''paragraph (1), (2), (3), (8), or (9)'';
(C) in paragraph (6)--
(i) by inserting ''or transnational
organized crime group'' after ''terrorist
organization''; and
(ii) by striking ''or'' at the end;
(D) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by striking '', including the use by the
organization of illicit narcotics production or
international narcotics trafficking'' and
inserting ''or transnational organized crime
group, including the use by such organization
or group of illicit narcotics production or
international narcotics trafficking'';
(ii) in subparagraph (A), by inserting ''or
transnational organized crime'' after
''international terrorism''; and
(iii) in subparagraph (B)--
(I) by inserting ''or transnational
organized crime group'' after
''terrorist organization''; and
(II) by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following new
paragraphs:
''(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.''; and
(3) in subsection (k)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (4) the following
new paragraphs:
''(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.''.

SEC. 4. TECHNICAL CORRECTION.

Section 36(e)(1) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended by striking ''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.''.

SEC. 5. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed as authorizing the use of
activity precluded under the American Servicemembers' Protection Act of
2002 (Public Law 107-206).
[A]:
Department of State Rewards Program Update and Technical Corrections Act of 2012 - Expresses the sense of Congress that the Department of State rewards program should be expanded to: (1) address the threat to U.S. interests from transnational criminal activity; and (2) target individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity.

Amends the State Department Basic Authorities Act of 1956 to include in the program's purpose the prevention of acts of transnational organized crime and violations of international humanitarian law. Provides rewards for the arrest or conviction of persons involved in such activities.

Eliminates program references to the reward for the capture or death of Osama bin Laden.