22 U.S.C. § 2708 — Department of State rewards program

Page 1139 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2708 State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–204, title I, § 173(b), Dec. 22, 1987, 101 Stat. 1360, provided that: ‘‘The amendments made by sub- section (a) [amending this section and section 4303 of this title] shall take effect 30 days after the date of en- actment of this Act [Dec. 22, 1987].’’ EFFECT OF 1994 AMENDMENTS ON SCOPE OF AUTHORITY VESTED AS OF APRIL 30, 1994 Pub. L. 103–236, title I, § 162(k)(2), Apr. 30, 1994, 108 Stat. 409, provided that: ‘‘Nothing in the amendments made by paragraph (1) [amending this section] affects the nature or scope of the authority that is on the date of enactment of this Act [Apr. 30, 1994] vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Communications Commission, or any officer thereof.’’ NEW SPENDING AUTHORITY Pub. L. 100–204, title I, § 173(c), Dec. 22, 1987, 101 Stat. 1360, provided that: ‘‘Any new spending authority (as defined in section 401(c) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided by this section [amending sections 2707 and 4303 of this title] shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropria- tion Acts.’’ § 2708. Department of State rewards program (a) Establishment (1) In general There is established a program for the pay- ment of rewards to carry out the purposes of this section. (2) Purpose The rewards program shall be designed to as- sist in the prevention of acts of international terrorism, international narcotics trafficking, serious violations of international humani- tarian law, foreign election interference, transnational organized crime, and other re- lated 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)) and in consulta- tion, as appropriate, with the heads of other rel- evant departments or agencies, the Secretary may pay a reward to any individual who fur- nishes 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 out- side the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of con- duct 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 em- ployee 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 en- forcement of United States narcotics laws or the implementing of United States nar- cotics control objectives; or (ii) a member of the immediate family of any such individual on account of that in- dividual’s official duties, in connection with the enforcement of United States nar- cotics 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 com- mission of an act described in paragraph (1), (2), (3), (8), (9), (10), or (14); (5) the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), (3), (8), (9), (10), or (13), including by dis- mantling an organization in whole or signifi- cant part; (6) the identification or location of an indi- vidual who holds a key leadership position in a terrorist organization or transnational orga- nized crime group; (7) the disruption of financial mechanisms of a foreign terrorist organization or transnational organized crime group, includ- ing the use by such organization or group of il- licit narcotics production or international narcotics trafficking— (A) to finance acts of international ter- rorism or transnational organized crime; or (B) to sustain or support any terrorist or- ganization or transnational organized crime group; (8) the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational orga- nized crime; (9) the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational or- ganized crime; (10) the arrest or conviction in any country, or the transfer to or conviction by an inter- national criminal tribunal (including a hybrid or mixed tribunal), of any foreign national ac- cused of war crimes, crimes against humanity, or genocide (including war crimes, crimes against humanity, or genocide committed in Syria beginning in March 2011), as defined under— (A) the statute of such country or tri- bunal, as the case may be; or (B) United States law; (11) the identification or location of any per- son who, while acting at the direction of or Page 1140 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2708 under the control of a foreign government, aids or abets a violation of section 1030 of title 18; (12) the disruption of financial mechanisms of any person who has engaged in the conduct described in section 2914(a) or 2914(b)(1) of this title; (13) the identification or location of a for- eign person that knowingly engaged or is en- gaging in foreign election interference; (14) the prevention, frustration, or resolu- tion of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hos- tage taking of a United States person, or the location of a United States person who has been taken hostage, in any country; or (15) the restraining, seizing, forfeiting, or re- patriating of stolen assets linked to foreign government corruption and the proceeds of such corruption. (c) Coordination (1) Procedures To ensure that the payment of rewards pur- suant 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 re- wards 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 for- eign 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 re- quired Before making a reward under this section in a matter over which there is Federal crimi- nal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney Gen- eral. (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 ex- ceed $25,000,000, except as personally author- ized 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. With- out first making such determination, the Sec- retary 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. (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 iden- tity 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 pay- ment of the reward as he considers necessary to effect such protection. (6) Forms of reward payment The Secretary may make a reward under this section in the form of money, a nonmone- tary item (including such items as automotive vehicles), or a combination thereof. 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. (f) Ineligibility An officer or employee of any entity of Fed- eral, 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 30 days after the payment of any reward under this section, the Secretary shall submit a report to the appropriate con- gressional committees with respect to such re- ward. The report, which may be submitted in classified form if necessary, shall specify the amount of the reward paid, to whom the re- ward was paid, and the acts with respect to which the reward was paid. The report shall also discuss the significance of the informa- tion 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 re- port to the appropriate congressional commit- tees with respect to the operation of the re- Page 1141 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2708 1 See References in Text note below. wards program. The report shall provide infor- mation 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. (3) Advance notification for international criminal tribunal rewards Not less than 15 days before publicly an- nouncing that a reward may be offered for a particular foreign national accused of war crimes, crimes against humanity, or genocide, the Secretary of State shall submit to the ap- propriate congressional committees a report, which may be submitted in classified form if necessary, setting forth the reasons why the arrest or conviction of such foreign national is in the national interests of the United States. (4) Reports on rewards authorized Not less than 15 days after a reward is au- thorized under this section, the Secretary of State shall submit to the appropriate congres- sional committees a report, which may be sub- mitted in classified form if necessary to pro- tect intelligence sources and methods, detail- ing information about the reward, including the identity of the individual for whom the re- ward is being made, the amount of the reward, the acts with respect to which the reward is being made, and how the reward is being pub- licized. (h) Publication regarding rewards offered by for- eign 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 inter- national terrorism which do not involve United States persons or property or a violation of the narcotics laws of the United States. (i) Media surveys and advertisements (1) Surveys conducted For the purpose of more effectively dissemi- nating information about the rewards pro- gram, the Secretary may use the resources of the rewards program to conduct media sur- veys, including analyses of media markets, means of communication, and levels of lit- eracy, in countries determined by the Sec- retary to be associated with acts of inter- national terrorism. (2) Creation and purchase of advertisements The Secretary may use the resources of the rewards program to create advertisements to disseminate information about the rewards program. The Secretary may base the content of such advertisements on the findings of the surveys conducted under paragraph (1). The Secretary may purchase radio or television time, newspaper space, or make use of any other means of advertisement, as appropriate. (j) 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. (k) 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 nu- clear material (as defined in paragraph (8) of section 6305 of this title) or any nuclear ex- plosive device (as defined in paragraph (4) of that section) by an individual, group, or non- nuclear-weapon state (as defined in para- graph (5) of that section); and (B) any act, as determined by the Sec- retary, which materially supports the con- duct of international terrorism, including the counterfeiting of United States currency or the illegal use of other monetary instru- ments by an individual, group, or country supporting international terrorism as deter- mined for purposes of section 4605(j)(1)(A) 1 of title 50. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Foreign Af- fairs of the House of Representatives and the Committee on Foreign Relations of the Sen- ate. (3) Foreign person The term ‘‘foreign person’’ means— (A) an individual who is not a United States person; or (B) a foreign entity. (4) Foreign election interference The term ‘‘foreign election interference’’ means conduct by a foreign person that— (A)(i) violates Federal criminal, voting rights, or campaign finance law; or (ii) is performed by any person acting as an agent of or on behalf of, or in coordina- tion with, a foreign government or criminal enterprise; and (B) includes any covert, fraudulent, decep- tive, or unlawful act or attempted act, or knowing use of information acquired by theft, undertaken with the specific intent to significantly influence voters, undermine public confidence in election processes or in- stitutions, or influence, undermine con- fidence in, or alter the result or reported re- sult of, a general or primary Federal, State, or local election or caucus, including— (i) the campaign of a candidate; or (ii) a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum. (5) Member of the immediate family The term ‘‘member of the immediate fam- ily’’, 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 in- dividual stands in loco parentis; and (C) any person not covered by subpara- graph (A) or (B) who is living in the individ- ual’s household and is related to the indi- vidual by blood or marriage. (6) Rewards program The term ‘‘rewards program’’ means the pro- gram established in subsection (a)(1). Page 1142 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2708 (7) Transnational organized crime The term ‘‘transnational organized crime’’— (A) means— (i) racketeering activity (as such term is defined in section 1961 of title 18) that in- volves at least one jurisdiction outside the United States; or (ii) any other criminal offense punish- able 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 in- tended to obtain, directly or indirectly, a financial or other material benefit; and (B) includes wildlife trafficking (as defined by section 7601(12) of title 16) and severe forms of trafficking in persons (as defined in section 7102 of this title) involving at least 1 jurisdiction outside of the United States. (8) 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, ex- ists for a period of time, and acts in concert with the aim of engaging in transnational or- ganized crime. (9) 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). (10) United States person The term ‘‘United States person’’ means— (A) a citizen or national of the United States; or (B) an alien lawfully present in the United States. (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; Pub. L. 110–181, div. A, title XII, § 1255(a), Jan. 28, 2008, 122 Stat. 402; Pub. L. 112–283, §§ 3, 4, Jan. 15, 2013, 126 Stat. 2493, 2494; Pub. L. 114–323, title VII, § 704(a)(1), (2), Dec. 16, 2016, 130 Stat. 1941; Pub. L. 115–44, title III, § 323, Aug. 2, 2017, 131 Stat. 954; Pub. L. 115–141, div. R, § 3, Mar. 23, 2018, 132 Stat. 1123; Pub. L. 115–232, div. A, title XII, § 1232(d), Aug. 13, 2018, 132 Stat. 2038; Pub. L. 116–94, div. J, title VI, § 603, Dec. 20, 2019, 133 Stat. 3069; Pub. L. 116–283, div. A, title XII, § 1238, Jan. 1, 2021, 134 Stat. 3943; Pub. L. 117–263, div. E, title LV, § 5585(a), div. I, title XCI, § 9104, Dec. 23, 2022, 136 Stat. 3374, 3859; Pub. L. 117–273, § 2, Dec. 27, 2022, 136 Stat. 4182; Pub. L. 118–159, div. G, title LXXVIII, § 7802, Dec. 23, 2024, 138 Stat. 2557.) 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 Pub. 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 Pub. 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 Pub. L. 98–533, and subse- quently 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 2024—Subsec. (b)(15). Pub. L. 118–159 added par. (15). 2022—Subsec. (b)(4). Pub. L. 117–263, § 9104(1), sub- stituted ‘‘(10), or (14);’’ for ‘‘or (10);’’. Subsec. (b)(10). Pub. L. 117–273 substituted ‘‘defined under—’’ for ‘‘defined under the statute of such tri- bunal;’’ and added subpars. (A) and (B). Subsec. (b)(14). Pub. L. 117–263, § 9104(2)–(4), added par. (14). Subsec. (e)(6). Pub. 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 re- ward.’’ 2021—Subsec. (a)(2). Pub. L. 116–283, § 1238(1), inserted ‘‘foreign election interference,’’ before ‘‘transnational organized crime’’. Subsec. (b)(5). Pub. L. 116–283, § 1238(2)(A), substituted ‘‘(10), or (13)’’ for ‘‘or (10)’’. Subsec. (b)(11). Pub. L. 116–283, § 1238(2)(B), struck out ‘‘or’’ after semicolon at end. Subsec. (b)(12). Pub. L. 116–283, § 1238(2)(C), sub- stituted ‘‘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 sec- tion 2914(b)(1) of this title. Subsec. (b)(13). Pub. L. 116–283, § 1238(2)(D), added par. (13). Subsec. (k)(3) to (10). Pub. 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). Pub. L. 116–283, § 1238(3)(C), sub- stituted ‘‘United States; or’’ for ‘‘United States; and’’. 2019—Subsec. (k)(5)(B). Pub. L. 116–94 inserted ‘‘wild- life trafficking (as defined by section 7601(12) of title 16) and’’ after ‘‘includes’’. 2018—Subsec. (b)(10). Pub. L. 115–232 inserted ‘‘(includ- ing war crimes, crimes against humanity, or genocide committed in Syria beginning in March 2011)’’ after ‘‘genocide’’. Subsec. (k)(5). Pub. 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), respec- tively, of subpar. (A) and realigned margins, sub- stituted ‘‘; and’’ for period at end of subpar. (A)(ii), and added subpar. (B). 2017—Subsec. (b)(11), (12). Pub. L. 115–44 added pars. (11) and (12). 2016—Subsec. (b)(4), (5). Pub. L. 114–323, § 704(a)(1), substituted ‘‘(9), or (10)’’ for ‘‘or (9)’’. Subsec. (g)(4). Pub. L. 114–323, § 704(a)(2)(A), added par. (4). Page 1143 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2708 Subsec. (k)(2). Pub. L. 114–323, § 704(a)(2)(B), sub- stituted ‘‘Foreign Affairs’’ for ‘‘International Rela- tions’’. 2013—Subsec. (a)(2). Pub. L. 112–283, § 3(1), inserted ‘‘serious violations of international humanitarian law, transnational organized crime,’’ after ‘‘international narcotics trafficking,’’. Subsec. (b). Pub. L. 112–283, § 3(2)(A), substituted ‘‘heads of other relevant departments or agencies’’ for ‘‘Attorney General’’ in introductory provisions. Subsec. (b)(4), (5). Pub. L. 112–283, § 3(2)(B), sub- stituted ‘‘paragraph (1), (2), (3), (8), or (9)’’ for ‘‘para- graph (1), (2), or (3)’’. Subsec. (b)(6). Pub. L. 112–283, § 3(2)(C)(i), inserted ‘‘or transnational organized crime group’’ after ‘‘terrorist organization’’. Subsec. (b)(7). Pub. 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 nar- cotics production or international narcotics traf- ficking’’ in introductory provisions. Subsec. (b)(7)(A). Pub. L. 112–283, § 3(2)(D)(ii), inserted ‘‘or transnational organized crime’’ after ‘‘inter- national terrorism’’. Subsec. (b)(7)(B). Pub. L. 112–283, § 3(2)(D)(iii)(I), in- serted ‘‘or transnational organized crime group’’ after ‘‘terrorist organization’’. Subsec. (b)(8) to (10). Pub. L. 112–283, § 3(2)(C)(ii), (D)(iii)(II), (E), added pars. (8) to (10). Subsec. (e)(1). Pub. 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). Pub. L. 112–283, § 3(3), added par. (3). Subsec. (k)(5) to (8). Pub. 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). Pub. 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. (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 author- ize 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 sub- sec. (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), redesig- nated par. (4) as (2) and struck out former pars. (2) and (3) which read as follows: ‘‘(2) LIMITATION.—No amount of funds may be appro- priated under paragraph (1) which, when added to the unobligated balance of amounts previously appro- priated 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 sec- tion should be distributed equally for the purpose of preventing acts of international terrorism and for the purpose of preventing international narcotics traf- ficking.’’ 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 ter- rorism or defend the Nation against terrorist acts.’’ after ‘‘$5,000,000’’. 1998—Pub. L. 105–323 generally amended section sub- stantially 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 re- lating to arrests or convictions with respect to inter- national 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 re- ward’’ in section 36(a)(1) of the State Department Au- thorities 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 in- tent of Congress. 1994—Subsec. (a). Pub. L. 103–236, § 827, designated ex- isting 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 pri- marily 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 sen- tence 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 ‘Admin- istration 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), redesig- nated former subsec. (c) as (d), and substituted ‘‘sub- section (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) redesig- nated (f). Subsec. (f). Pub. L. 99–399, § 502(a)(1), (c)(2), redesig- nated 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 author- izing up to $2,000,000 for rewards for information de- scribed in subsec. (b)(1) of this section and appro- priating $10,000,000 for fiscal year 1987, of which up to $5,000,000 may be used for rewards for information de- scribed in subsec. (b)(1) of this section. Subsecs. (h), (i). Pub. L. 99–399, § 502(d), added subsecs. (h) and (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. 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 ef- fect 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 Au- thorities 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 Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. Page 1144 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2708 103–236, set out as an Effective Date note under section 6301 of this title. RULE OF CONSTRUCTION Pub. L. 112–283, § 5, Jan. 15, 2013, 126 Stat. 2494, pro- vided that: ‘‘Nothing in this Act [amending this section and enacting provisions set out as notes under this sec- tion 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 Pub- lic Law 107–206; 22 U.S.C. 7421 et seq.).’’ FINDINGS; SENSE OF CONGRESS Pub. 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 per- petrated by organized, sophisticated criminal enter- prises, including known terrorist organizations. ‘‘(2) Wildlife trafficking not only threatens endan- gered species worldwide, but also jeopardizes local se- curity, spreads disease, undermines rule of law, fuels corruption, and damages economic development. ‘‘(3) Combating wildlife trafficking requires a co- ordinated and sustained approach at the global, re- gional, 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. ‘‘(b) 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 re- wards that target wildlife traffickers.’’ Pub. 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 Pro- tection Act of 2000 (22 U.S.C. 7101 et seq.; division A of Public Law 106–386). ‘‘(2) Trafficking in persons is increasingly per- petrated by organized, sophisticated criminal enter- prises. ‘‘(3) Combating trafficking in persons requires a global approach to identifying and apprehending the world’s worst human trafficking rings. ‘‘(b) 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 re- wards that target human traffickers who prey on the most vulnerable people around the world.’’ Pub. L. 112–283, § 2, Jan. 15, 2013, 126 Stat. 2492, pro- vided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The Department of State’s existing rewards programs permit the payment of reward for informa- tion leading to the arrest or conviction of— ‘‘(A) individuals who have committed, or at- tempted or conspired to commit, certain acts of international terrorism; ‘‘(B) individuals who have committed, or at- tempted or conspired to commit, certain narcotics- related offenses; and ‘‘(C) individuals who have been indicted by cer- tain 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 inter- national 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, pre- vented international terrorist attacks or helped con- vict 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 infor- mation 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. ‘‘(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 traf- ficking, and cybercrime; and ‘‘(2) target other individuals indicted by inter- national, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity.’’ FUNDING Pub. L. 112–283, § 6, Jan. 15, 2013, 126 Stat. 2494, pro- vided that: ‘‘The Secretary of State shall use amounts appropriated or otherwise made available to the Emer- gencies in the Diplomatic and Consular Services ac- count of the Department of State to pay rewards au- thorized pursuant to this Act [amending this section and enacting provisions set out as notes under this sec- tion 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 Au- thorities Act [of 1956] (22 U.S.C. 2708).’’ REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW RELATING TO FORMER YUGO- SLAVIA 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 Sec- retary 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 indi- vidual 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 Inter- national Criminal Tribunal for Rwanda, of any individual who is the subject of an indictment confirmed by a judge of such tribunal for serious viola- tions of international humanitarian law as defined under the statute of such tribunal. ‘‘(b) PROCEDURES.— ‘‘(1) To ensure that the payment of rewards pursu- ant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Depart- ment of Justice, subject to paragraph (3), the offer- ing, administration, and payment of rewards under this section, including procedures for— ‘‘(A) identifying individuals, organizations, and offenses with respect to which rewards will be of- fered; ‘‘(B) the publication of rewards; ‘‘(C) the offering of joint rewards with foreign governments; ‘‘(D) the receipt and analysis of data; and Page 1145 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2709 ‘‘(E) the payment and approval of payment, shall be governed by procedures developed by the Sec- retary 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 jurisdic- tion, the Secretary of State shall obtain the concur- rence of the Attorney General. ‘‘(3) Rewards under this section shall be subject to any requirements or limitations that apply to re- wards 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 re- wards, maximum reward amount, and procedures for the approval and certification of rewards for pay- ment. ‘‘(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 Re- port 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 deter- mination 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 re- wards 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 appro- priate 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 Pub. L. 101–231, § 13(b), Dec. 13, 1989, 103 Stat. 1963, pro- vided 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 Au- thorization 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 Pub. 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 De- partment Basic Authorities Act of 1956 (22 U.S.C. 2708(a); relating to rewards for information on inter- national 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.’’ § 2708a. Award of Thomas Jefferson Star for For- eign Service (a) Authority to award The President, upon the recommendation of the Secretary, may award a Thomas Jefferson Star for Foreign Service to any member of the Foreign Service or any other civilian employee of the Government of the United States who, while employed at, or assigned permanently or temporarily to, an official mission overseas or while traveling abroad on official business, in- curred a wound or other injury or an illness (whether or not the wound, other injury, or ill- ness resulted in death)— (1) as the person was performing official du- ties; (2) as the person was on the premises of a United States mission abroad; or (3) by reason of the person’s status as a United States Government employee. (b) Selection criteria The Secretary shall prescribe the procedures for identifying and considering persons eligible for award of a Thomas Jefferson Star for For- eign Service and for selecting the persons to be recommended for the award. (c) Award in the event of death If a person selected for award of a Thomas Jef- ferson Star for Foreign Service dies before being presented the award, the award may be made and the star presented to the person’s family or to the person’s representative, as designated by the President. (d) Form of award The Secretary shall prescribe the design of the Thomas Jefferson Star for Foreign Service. The award may not include a stipend or any other cash payment. (e) Funding Any expenses incurred in awarding a person a Thomas Jefferson Star for Foreign Service may be paid out of appropriations available at the time of the award for personnel of the depart- ment or agency of the United States Govern- ment in which the person was employed when the person incurred the wound, injury, or illness upon which the award is based. (Aug. 1, 1956, ch. 841, title I, § 36A, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 321], Nov. 29, 1999, 113 Stat. 1536, 1501A–436; amended Pub. L. 107–228, div. A, title III, § 311, Sept. 30, 2002, 116 Stat. 1377.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–228 substituted ‘‘Thomas Jefferson Star for Foreign Service’’ for ‘‘Foreign Service star’’ in section catchline and wherever appearing in text. § 2709. Special agents (a) General authority Under such regulations as the Secretary of State may prescribe, special agents of the De- partment of State and the Foreign Service may— (1) conduct investigations concerning—