Federal · Title 22 — Foreign Relations and Intercourse

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

Civil

What this law says, in plain English

Establishes a State Department rewards program administered by the Secretary of State to incentivize information and actions related to preventing international terrorism, narcotics trafficking, organized crime, and related criminal activities.

Read the full statutory text
There is established a program for the payment of rewards to carry out the purposes of this section. The rewards program shall be designed to assist in the prevention of acts of international terrorism, international narcotics trafficking, serious violations of international humanitarian law, foreign election interference, transnational organized crime, and other related criminal acts. The rewards program shall be administered by the Secretary of State, in consultation, as appropriate, with the Attorney General. 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; 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; a violation of United States narcotics laws such that the individual would be a major violator of such laws; 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 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 an attempt or conspiracy to commit any act described in subparagraph (A) or (B); the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described in paragraph (1), (2), (3), (8), (9), (10), or (14); the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), (3), (8), (9), (10), or (13), including by dismantling an organization in whole or significant part; the identification or location of an individual who holds a key leadership position in a terrorist organization or transnational organized crime group; to finance acts of international terrorism or transnational organized crime; or to sustain or support any terrorist organization or transnational organized crime group; the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime; the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime; the statute of such country or tribunal, as the case may be; or United States law; the identification or location of any person who, while acting at the direction of or under the control of a foreign government, aids or abets a violation of section 1030 of title 18 ; 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; the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference; the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country; or the restraining, seizing, forfeiting, or repatriating of stolen assets linked to foreign government corruption and the proceeds of such corruption. identifying individuals, organizations, and offenses with respect to which rewards will be offered; the publication of rewards; the offering of joint rewards with foreign governments; the receipt and analysis of data; and the payment and approval of payment, 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. 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. Amounts appropriated under paragraph (1) shall remain available until expended. No reward paid under this section may exceed $25,000,000, 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. 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. A reward under this section of more than $100,000 may not be made without the approval of the Secretary. Any reward granted under this section shall be approved and certified for payment by the Secretary. The authority to approve rewards of more than $100,000 set forth in paragraph (2) may not be delegated. 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. The Secretary may make a reward under this section in the form of money, a nonmonetary 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. 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) shall not be eligible for a reward under this section. 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. 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. Not less than 15 days before publicly announcing 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 appropriate 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. Not less than 15 days after a reward is authorized under this section, the Secretary of State shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary to protect intelligence sources and methods, detailing information about the reward, including the identity of the individual for whom the reward 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 publicized. 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. For the purpose of more effectively disseminating information about the rewards program, the Secretary may use the resources of the rewards program to conduct media surveys, including analyses of media markets, means of communication, and levels of literacy, in countries determined by the Secretary to be associated with acts of international terrorism. 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. A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. 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 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 4605(j)(1)(A) 1 of title 50. 1 See References in Text note below. The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. an individual who is not a United States person; or a foreign entity. violates Federal criminal, voting rights, or campaign finance law; or is performed by any person acting as an agent of or on behalf of, or in coordination with, a foreign government or criminal enterprise; and the campaign of a candidate; or a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum. a spouse, parent, brother, sister, or child of the individual; a person with respect to whom the individual stands in loco parentis; and 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. The term “rewards program” means the program established in subsection (a)(1). racketeering activity (as such term is defined in section 1961 of title 18 ) that involves at least one jurisdiction outside the United States; or any other criminal offense punishable by a term of imprisonment of at least four years under Federal, State, or local law that involves at least one jurisdiction outside the United States and that is intended to obtain, directly or indirectly, a financial or other material benefit; and 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. The term “transnational organized crime group” means a group of persons that includes one or more citizens of a foreign country, exists for a period of time, and acts in concert with the aim of engaging in transnational organized crime. 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 ). a citizen or national of the United States; or an alien lawfully present in the United States. 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. 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. Combating wildlife trafficking requires a coordinated and sustained approach at the global, regional, national, and local levels. 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. 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.” 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 ). Trafficking in persons is increasingly perpetrated by organized, sophisticated criminal enterprises. Combating trafficking in persons requires a global approach to identifying and apprehending the world’s worst human trafficking rings. 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 human traffickers who prey on the most vulnerable people around the world.” individuals who have committed, or attempted or conspired to commit, certain acts of international terrorism; individuals who have committed, or attempted or conspired to commit, certain narcotics-related offenses; and individuals who have been indicted by certain international criminal tribunals. 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. 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. 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 target other individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity.” the arrest or conviction in any country; or 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, identifying individuals, organizations, and offenses with respect to which rewards will be offered; the publication of rewards; the offering of joint rewards with foreign governments; the receipt and analysis of data; and the payment and approval of payment, 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. 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. 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). 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 . 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. A determination made by the Secretary of State under this section shall be final and conclusive and shall not be subject to judicial review. 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. 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.”

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