Source
(Aug. 1, 1956, ch. 841, title I, § 36, as added Pub. L. 98–533, title I, § 102, Oct. 19, 1984, 98 Stat. 2708; amended Pub. L. 99–399, title V, § 502, Aug. 27, 1986, 100 Stat. 869; Pub. L. 100–690, title IV, § 4602, Nov. 18, 1988, 102 Stat. 4287; Pub. L. 101–231, § 13(a), Dec. 13, 1989, 103 Stat. 1963; Pub. L. 101–246, title X, § 1001, Feb. 16, 1990, 104 Stat. 86; Pub. L. 103–236, title I, § 133(a)(1), title VIII, § 827, Apr. 30, 1994, 108 Stat. 395, 519; Pub. L. 104–134, title I, § 101[(a)] [title IV, § 406], Apr. 26, 1996, 110 Stat. 1321, 1321–45; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2202, Oct. 21, 1998, 112 Stat. 2681–805; Pub. L. 105–323, title I, § 101, Oct. 30, 1998, 112 Stat. 3029; Pub. L. 107–56, title V, § 502, Oct. 26, 2001, 115 Stat. 364; Pub. L. 108–447, div. B, title IV, § 405(a)–(d), Dec. 8, 2004, 118 Stat. 2902, 2903.)
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, § 111(1), Oct. 28, 1991,
105 Stat. 654.
Amendments
2004—Subsec. (b)(7).
Pub. L. 108–447, § 405(a), added par. (7).
Subsec. (e)(1).
Pub. L. 108–447, § 405(b), 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).
Pub. L. 108–447, § 405(c), added par. (6).
Subsecs. (i) to (k).
Pub. L. 108–447, § 405(d), added subsec. (i) and redesignated former subsecs. (i) and (j) as (j) and (k), respectively.
2001—Subsec. (b)(4).
Pub. L. 107–56, § 502(1)(A), struck out “or” at end.
Subsec. (b)(5).
Pub. L. 107–56, § 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, § 502(1)(C), added par. (6).
Subsec. (d)(2) to (4).
Pub. 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).
Pub. 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—
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, § 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, § 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, § 502(a), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d).
Pub. 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).
Pub. L. 99–399, § 502(a)(1), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f).
Pub. L. 99–399, § 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, § 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, § 502(d), added subsecs. (h) and (i).
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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, § 102, Oct. 30, 1998,
112 Stat. 3032, as amended by
Pub. L. 106–277, § 1, Oct. 2, 2000,
114 Stat. 813;
Pub. 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 (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.”