§ 2708. — Department of State rewards program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2708]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2708. 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 Secretary (except as provided in
subsection (c)(2) of this section) 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;
(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);
(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);
(5) the prevention, frustration, or favorable resolution of an
act described in paragraph (1), (2), or (3), including by
dismantling an organization in whole or significant part; or
(6) the identification or location of an individual who holds a
key leadership position in a terrorist organization.
(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.
(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 $5,000,000, 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.. \1\
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\1\ So in original.
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(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.
(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.
(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) 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.
(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 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
(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) 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).
(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.
(Aug. 1, 1956, ch. 841, title I, Sec. 36, as added Pub. L. 98-533, title
I, Sec. 102, Oct. 19, 1984, 98 Stat. 2708; amended Pub. L. 99-399, title
V, Sec. 502, Aug. 27, 1986, 100 Stat. 869; Pub. L. 100-690, title IV,
Sec. 4602, Nov. 18, 1988, 102 Stat. 4287; Pub. L. 101-231, Sec. 13(a),
Dec. 13, 1989, 103 Stat. 1963; Pub. L. 101-246, title X, Sec. 1001, Feb.
16, 1990, 104 Stat. 86; Pub. L. 103-236, title I, Sec. 133(a)(1), title
VIII, Sec. 827, Apr. 30, 1994, 108 Stat. 395, 519; Pub. L. 104-134,
title I, Sec. 101[(a)] [title IV, Sec. 406], Apr. 26, 1996, 110 Stat.
1321, 1321-45; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2,
1996, 110 Stat. 1327; Pub. L. 105-277, div. G, subdiv. B, title XXII,
Sec. 2202, Oct. 21, 1998, 112 Stat. 2681-805; Pub. L. 105-323, title I,
Sec. 101, Oct. 30, 1998, 112 Stat. 3029; Pub. L. 107-56, title V,
Sec. 502, Oct. 26, 2001, 115 Stat. 364.)
References in Text
Section 102 of the Foreign Relations Authorization Act, Fiscal Years
1986 and 1987, referred to in subsec. (d)(1), is section 102 of Pub. L.
99-93, title I, Aug. 16, 1985, 99 Stat. 408, which is not classified to
the Code.
Prior Provisions
A prior section 36 of act Aug. 1, 1956, was renumbered section 37 by
section 102 of Pub. L. 98-533, and subsequently renumbered, and set out
as a Short Title of 1956 Amendment note under section 2651 of this
title, prior to repeal by Pub. L. 102-138, title I, Sec. 111(1), Oct.
28, 1991, 105 Stat. 654.
Amendments
2001--Subsec. (b)(4). Pub. L. 107-56, Sec. 502(1)(A), struck out
``or'' at end.
Subsec. (b)(5). Pub. L. 107-56, Sec. 502(1)(B), substituted ``,
including by dismantling an organization in whole or significant part;
or'' for period at end.
Subsec. (b)(6). Pub. L. 107-56, Sec. 502(1)(C), added par. (6).
Subsec. (d)(2) to (4). Pub. L. 107-56, Sec. 502(2), redesignated
par. (4) as (2) and struck out former pars. (2) and (3) which read as
follows:
``(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 practicable, 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 international narcotics trafficking.''
Subsec. (e)(1). Pub. L. 107-56, Sec. 502(3), inserted ``, 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.'' after
``$5,000,000''.
1998--Pub. L. 105-323 generally amended section substantially
similar to general amendment by Pub. L. 105-277, except that the maximum
reward in subsec. (e)(1) was increased from $2,000,000 to $5,000,000.
Pub. L. 105-277 generally amended section revising and restating
provisions relating to Department of State program authorizing rewards
for information relating to arrests or convictions with respect to
international terrorism or drug trafficking.
1996--Subsec. (a)(1). Pub. L. 104-134 which directed substitution of
``shall establish and publicize a program under which rewards may be
paid'' for ``may pay a reward'' in section 36(a)(1) of the State
Department Authorities Act of 1956 was executed to subsec. (a)(1) of
this section, section 36(a)(1) of the State Department Basic Authorities
Act of 1956, to reflect the probable intent of Congress.
1994--Subsec. (a). Pub. L. 103-236, Sec. 827, designated existing
provisions as par. (1), redesignated former pars. (1) to (3) as subpars.
(A) to (C), respectively, and added par. (2).
Pub. L. 103-236, Sec. 133(a)(1), struck out ``and is primarily
outside the territorial jurisdiction of the United States'' after
``United States property'' in concluding provisions.
1990--Subsec. (c). Pub. L. 101-246, which directed amendment of
subsec. (c) by substituting ``$2,000,000'' for ``$500,000'', could not
be executed because ``$500,000'' did not appear after execution of the
amendment by Pub. L. 101-231. See 1989 Amendment note below.
1989--Subsec. (c). Pub. L. 101-231 substituted ``$2,000,000'' for
``$500,000''.
1988--Subsec. (g). Pub. L. 100-690 amended second sentence
generally. Prior to amendment, second sentence read as follows: ``In
addition to the amount authorized by the preceding sentence, there are
authorized to be appropriated $10,000,000 for fiscal year 1987 for
`Administration of Foreign Affairs' for use in paying rewards under this
section, up to $5,000,000 of which may be used for rewards for
information described in subsection (b)(1) of this section.''
1986--Subsecs. (b), (c). Pub. L. 99-399, Sec. 502(a), added subsec.
(b) and redesignated former subsec. (b) as (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 99-399, Sec. 502(a)(1), (c)(1), redesignated
former subsec. (c) as (d), and substituted ``subsection (a) of this
section'' for ``this section''. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 99-399, Sec. 502(a)(1), redesignated former
subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 99-399, Sec. 502(a)(1), (c)(2), redesignated
former subsec. (e) as (f), and inserted ``or (b)''. Former subsec. (f)
redesignated (g).
Subsec. (g). Pub. L. 99-399, Sec. 502(a)(1), (b), redesignated
former subsec. (f) as (g), and inserted provision authorizing up to
$2,000,000 for rewards for information described in subsec. (b)(1) of
this section and appropriating $10,000,000 for fiscal year 1987, of
which up to $5,000,000 may be used for rewards for information described
in subsec. (b)(1) of this section.
Subsecs. (h), (i). Pub. L. 99-399, Sec. 502(d), added subsecs. (h)
and (i).
Effective Date of 1994 Amendment
Amendment by section 827 of Pub. L. 103-236 effective 60 days after
Apr. 30, 1994, see section 831 of Pub. L. 103-236, set out as an
Effective Date note under section 6301 of this title.
Rewards for Information Concerning Individuals Sought for Serious
Violations of International Humanitarian Law Relating to Former
Yugoslavia or Rwanda
Pub. L. 105-323, title I, Sec. 102, Oct. 30, 1998, 112 Stat. 3032,
as amended by Pub. L. 106-277, Sec. 1, Oct. 2, 2000, 114 Stat. 813; Pub.
L. 107-228, div. A, title VI, Sec. 697(d), Sept. 30, 2002, 116 Stat.
1418, provided that:
``(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 Special Court of
Sierra Leone[,] the International Criminal Tribunal for the Former
Yugoslavia or the International Criminal Tribunal for Rwanda,
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 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, 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
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) 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 procedures for the approval and
certification of rewards for payment.
``(c) Reference.--(1) 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 Resolution 827
(1993) (S/25704).
``(2) For the purposes of subsection (a), the statute of the
International Criminal Tribunal for Rwanda means the statute contained
in the annex to Security Council Resolution 955 of November 8, 1994.
``(3) For the purposes of subsection (a), the Statute of the Special
Court for Sierra Leone means the Statute contained in the Annex to the
Agreement Between the United Nations and the Government of Sierra Leone
on the Establishment of a Special Court for Sierra Leone.
``(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 [22 U.S.C. 2708]. 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 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 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 Authorities Act
of 1956.''
Avoiding Duplicative Amendments
Section 13(b) of Pub. L. 101-231 provided that: ``If the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 [Pub. L. 101-
246, Feb. 16, 1990, 104 Stat. 87], is enacted before this Act [Dec. 13,
1989], and that Act makes the same amendment as is described in
subsection (a) [amending this section], then subsection (a) shall not
take effect. If, however, this Act is enacted before the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991, and that Act
would make the same amendment as is made by subsection (a), then that
amendment as proposed to be made by that Act shall not take effect.''
Rewards for International Terrorists
Section 501 of Pub. L. 99-399 provided that: ``It is the sense of
the Congress that the Secretary of State should more vigorously utilize
the moneys available under section 36(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(a); relating to rewards for
information on international terrorism) to more effectively apprehend
and prosecute international terrorists. It is further the sense of the
Congress that the Secretary of State should consider widely publicizing
the sizable rewards available under present law so that major
international terrorist figures may be brought to justice.''
Section Referred to in Other Sections
This section is referred to in sections 4802, 5512 of this title;
title 8 sections 1101, 1255; title 18 section 3076.
