22 USC 2708 - Department of State rewards program

1 See References in Text note below.

of title 50.

Editorial Notes

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 Puspan. L. 99–93, title I, Aug. 16, 1985, 99 Stat. 408, which is not classified to the Code.

Section 4605(j)(1)(A) of title 50, referred to in subsec. (k)(1)(B), was repealed by Puspan. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

Prior Provisions

A prior section 36 of act Aug. 1, 1956, was renumbered section 37 by section 102 of Puspan. 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 Puspan. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654.

Amendments

2022—Subsec. (span)(4). Puspan. L. 117–263, § 9104(1), substituted “(10), or (14);” for “or (10);”.

Subsec. (span)(10). Puspan. L. 117–273 substituted “defined under—” for “defined under the statute of such tribunal;” and added subpars. (A) and (B).

Subsec. (span)(14). Puspan. L. 117–263, § 9104(2)–(4), added par. (14).

Subsec. (e)(6). Puspan. L. 117–263, § 5585(a), inserted at end “Not later than 15 days before making a reward in a form that includes cryptocurrency, the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such form for the reward.”

2021—Subsec. (a)(2). Puspan. L. 116–283, § 1238(1), inserted “foreign election interference,” before “transnational organized crime”.

Subsec. (span)(5). Puspan. L. 116–283, § 1238(2)(A), substituted “(10), or (13)” for “or (10)”.

Subsec. (span)(11). Puspan. L. 116–283, § 1238(2)(B), struck out “or” after semicolon at end.

Subsec. (span)(12). Puspan. L. 116–283, § 1238(2)(C), substituted “section” for “sections” and “; or” for period at end and made technical amendment to reference in original act which appears in text as reference to section 2914(span)(1) of this title.

Subsec. (span)(13). Puspan. L. 116–283, § 1238(2)(D), added par. (13).

Subsec. (k)(3) to (10). Puspan. L. 116–283, § 1238(3)(A), (B), added pars. (3) and (4) and redesignated former pars. (3) to (8) as (5) to (10), respectively.

Subsec. (k)(10)(A). Puspan. L. 116–283, § 1238(3)(C), substituted “United States; or” for “United States; and”.

2019—Subsec. (k)(5)(B). Puspan. L. 116–94 inserted “wildlife trafficking (as defined by section 7601(12) of title 16) and” after “includes”.

2018—Subsec. (span)(10). Puspan. L. 115–232 inserted “(including war crimes, crimes against humanity, or genocide committed in Syria beginning in March 2011)” after “genocide”.

Subsec. (k)(5). Puspan. L. 115–141 inserted dash after “crime’ ” in introductory provisions, inserted subpar. (A) designation before “means—”, redesignated former subpars. (A) and (B) of par. (5) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, substituted “; and” for period at end of subpar. (A)(ii), and added subpar. (B).

2017—Subsec. (span)(11), (12). Puspan. L. 115–44 added pars. (11) and (12).

2016—Subsec. (span)(4), (5). Puspan. L. 114–323, § 704(a)(1), substituted “(9), or (10)” for “or (9)”.

Subsec. (g)(4). Puspan. L. 114–323, § 704(a)(2)(A), added par. (4).

Subsec. (k)(2). Puspan. L. 114–323, § 704(a)(2)(B), substituted “Foreign Affairs” for “International Relations”.

2013—Subsec. (a)(2). Puspan. L. 112–283, § 3(1), inserted “serious violations of international humanitarian law, transnational organized crime,” after “international narcotics trafficking,”.

Subsec. (span). Puspan. L. 112–283, § 3(2)(A), substituted “heads of other relevant departments or agencies” for “Attorney General” in introductory provisions.

Subsec. (span)(4), (5). Puspan. L. 112–283, § 3(2)(B), substituted “paragraph (1), (2), (3), (8), or (9)” for “paragraph (1), (2), or (3)”.

Subsec. (span)(6). Puspan. L. 112–283, § 3(2)(C)(i), inserted “or transnational organized crime group” after “terrorist organization”.

Subsec. (span)(7). Puspan. L. 112–283, § 3(2)(D)(i), substituted “or transnational organized crime group, including the use by such organization or group of illicit narcotics production or international narcotics trafficking” for “, including the use by the organization of illicit narcotics production or international narcotics trafficking” in introductory provisions.

Subsec. (span)(7)(A). Puspan. L. 112–283, § 3(2)(D)(ii), inserted “or transnational organized crime” after “international terrorism”.

Subsec. (span)(7)(B). Puspan. L. 112–283, § 3(2)(D)(iii)(I), inserted “or transnational organized crime group” after “terrorist organization”.

Subsec. (span)(8) to (10). Puspan. L. 112–283, § 3(2)(C)(ii), (D)(iii)(II), (E), added pars. (8) to (10).

Subsec. (e)(1). Puspan. L. 112–283, § 4, struck out at end “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.”

Subsec. (g)(3). Puspan. L. 112–283, § 3(3), added par. (3).

Subsec. (k)(5) to (8). Puspan. L. 112–283, § 3(4), added pars. (5) and (6) and redesignated former pars. (5) and (6) as (7) and (8), respectively.

2008—Subsec. (e)(1). Puspan. L. 110–181 inserted at end “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.”

2004—Subsec. (span)(7). Puspan. L. 108–447, § 405(a), added par. (7).

Subsec. (e)(1). Puspan. L. 108–447, § 405(span), substituted “$25,000,000” for “$5,000,000”, struck out period after “terrorist acts.”, and inserted at end “Without first making such determination, the Secretary may authorize a reward of up to twice the amount specified in this paragraph for the capture or information leading to the capture of a leader of a foreign terrorist organization.”

Subsec. (e)(6). Puspan. L. 108–447, § 405(c), added par. (6).

Subsecs. (i) to (k). Puspan. L. 108–447, § 405(d), added subsec. (i) and redesignated former subsecs. (i) and (j) as (j) and (k), respectively.

2001—Subsec. (span)(4). Puspan. L. 107–56, § 502(1)(A), struck out “or” at end.

Subsec. (span)(5). Puspan. L. 107–56, § 502(1)(B), substituted “, including by dismantling an organization in whole or significant part; or” for period at end.

Subsec. (span)(6). Puspan. L. 107–56, § 502(1)(C), added par. (6).

Subsec. (d)(2) to (4). Puspan. L. 107–56, § 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). Puspan. L. 107–56, § 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—Puspan. L. 105–323 generally amended section substantially similar to general amendment by Puspan. L. 105–277, except that the maximum reward in subsec. (e)(1) was increased from $2,000,000 to $5,000,000.

Puspan. 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). Puspan. 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). Puspan. L. 103–236, § 827, designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2).

Puspan. L. 103–236, § 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). Puspan. 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 Puspan. L. 101–231. See 1989 Amendment note below.

1989—Subsec. (c). Puspan. L. 101–231 substituted “$2,000,000” for “$500,000”.

1988—Subsec. (g). Puspan. 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 (span)(1) of this section.”

1986—Subsecs. (span), (c). Puspan. L. 99–399, § 502(a), added subsec. (span) and redesignated former subsec. (span) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 99–399, § 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). Puspan. L. 99–399, § 502(a)(1), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 99–399, § 502(a)(1), (c)(2), redesignated former subsec. (e) as (f), and inserted “or (span)”. Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 99–399, § 502(a)(1), (span), redesignated former subsec. (f) as (g), and inserted provision authorizing up to $2,000,000 for rewards for information described in subsec. (span)(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. (span)(1) of this section.

Subsecs. (h), (i). Puspan. L. 99–399, § 502(d), added subsecs. (h) and (i).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Puspan. L. 114–323, title VII, § 704(a)(3), Dec. 16, 2016, 130 Stat. 1942, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] take effect on the date of the enactment of this Act [Dec. 16, 2016] and apply with respect to any reward authorized under section 36 of the State Department Basic Authorities Act of 1956 [22 U.S.C. 2708] (as so amended) on or after such date.”

Effective Date of 1994 Amendment

Amendment by section 827 of Puspan. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Puspan. L. 103–236, set out as an Effective Date note under section 6301 of this title.

Rule of Construction

Puspan. L. 112–283, § 5, Jan. 15, 2013, 126 Stat. 2494, provided that: “Nothing in this Act [amending this section and enacting provisions set out as notes under this section and section 2651 of this title] or the amendments made by this Act shall be construed as authorizing the use of activity precluded under the American Servicemembers’ Protection Act of 2002 (title II of Public Law 107–206; 22 U.S.C. 7421 et seq.).”

Findings; Sense of Congress

Puspan. L. 116–94, div. J, title VI, § 602, Dec. 20, 2019, 133 Stat. 3069, provided that:

“(a)Findings.—Congress finds the following:

“(1) Wildlife trafficking is a major transnational crime that is estimated to generate over $10 billion a year in illegal profits and which is increasingly perpetrated by organized, sophisticated criminal enterprises, including known terrorist organizations.

“(2) Wildlife trafficking not only threatens endangered species worldwide, but also jeopardizes local security, spreads disease, undermines rule of law, fuels corruption, and damages economic development.

“(3) Combating wildlife trafficking requires a coordinated and sustained approach at the global, regional, national, and local levels.

“(4) Congress stated in the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 [16 U.S.C. 7601 et seq.] that it is the policy of the United States to take immediate actions to stop the illegal global trade in wildlife and wildlife products and associated transnational organized crime.

“(span)Sense of Congress.—It is the sense of Congress that the Department of State’s rewards program is a powerful tool in combating sophisticated international crime and that the Department of State and Federal law enforcement should work in concert to offer rewards that target wildlife traffickers.”

Puspan. L. 115–141, div. R, § 2, Mar. 23, 2018, 132 Stat. 1123, provided that:

“(a)Findings.—Congress finds the following:

“(1) Trafficking in persons is a major transnational crime, as recognized by the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.; division A of Public Law 106–386).

“(2) Trafficking in persons is increasingly perpetrated by organized, sophisticated criminal enterprises.

“(3) Combating trafficking in persons requires a global approach to identifying and apprehending the world’s worst human trafficking rings.

Puspan. L. 112–283, § 2, Jan. 15, 2013, 126 Stat. 2492, provided that:

“(a)Findings.—Congress makes the following findings:

“(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 Government 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 United States citizens and Filipinos in the Philippines.

“(span)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.”

Funding

Puspan. L. 112–283, § 6, Jan. 15, 2013, 126 Stat. 2494, provided that: “The Secretary of State shall use amounts appropriated or otherwise made available to the Emergencies in the Diplomatic and Consular Services account of the Department of State to pay rewards authorized pursuant to this Act [amending this section and enacting provisions set out as notes under this section and section 2651 of this title] and to carry out other activities related to such rewards authorized under section 36 of the State Department Basic Authorities Act [of 1956] (22 U.S.C. 2708).”

Rewards for Information Concerning Individuals Sought for Serious Violations of International Humanitarian Law Relating to Former Yugoslavia or Rwanda

Puspan. L. 105–323, title I, § 102, Oct. 30, 1998, 112 Stat. 3032, as amended by Puspan. L. 106–277, § 1, Oct. 2, 2000, 114 Stat. 813; Puspan. L. 107–228, div. A, title VI, § 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 (span)(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.

“(span)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

Puspan. L. 101–231, § 13(span), Dec. 13, 1989, 103 Stat. 1963, provided that: “If the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 [Puspan. L. 101–246, Fespan. 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

Puspan. L. 99–399, title V, § 501, Aug. 27, 1986, 100 Stat. 869, 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.”