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[Page: H10166]

Mr. GILMAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4660) to amend the State Department Basic Authorities Act of 1956 to provide rewards for information leading to the arrest or conviction of any individual for the commission of an act, or conspiracy to act, of international terrorism, narcotics related offenses, or for serious violations of international humanitarian law relating to the Former Yugoslavia, as amended.

The Clerk read as follows:

SECTION 1. CHANGES IN DEPARTMENT OF STATE REWARDS PROGRAM.
(a) Increase in Maximum Amount of Award: Section 36(c) of the State Department Basic Authorities Act (22 U.S.C. 2708(c)) is amended by striking `$2,000,000' and inserting `$5,000,000'.
(b) Increase in Authorization of Appropriations: Section 36(g) of the State Department Basic Authorities Act (22 U.S.C. 2708(g)) is amended in the first sentence by striking `$5,000,000' and inserting `$10,000,000'.

SEC. 2. REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW RELATING TO THE FORMER YUGOSLAVIA.
The State Department Basic Authorities Act of 1956 is amended by adding after section 36 the following new section:

`SEC. 36A. REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW RELATING TO THE FORMER YUGOSLAVIA.
`(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 International Criminal Tribunal for the Former Yugoslavia,
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) 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 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: 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).
`(d) Determination of the Secretary: All determinations of the Secretary of State under this section shall be final and conclusive and shall not be subject to judicial review.
`(e) Funding:

`(1) There are authorized to be appropriated to the Department of State $1,000,000 for fiscal year 1999, $1,000,000 for fiscal year 2000, and $1,000,000 for fiscal year 2001 to carry out this section.

`(2) Amounts appropriated under paragraph (1) shall remain available until expended.
`(f) Priority: In the administration and payment of rewards under the rewards program of section 36, the Secretary of State shall ensure that priority is given for payments to individuals described in section 36 and that funds paid under this section are paid only after any and all due and payable demands are met under section 36.'.

SEC. 3. VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERRORISTS.
Section 38(g)(1)(A)(iii) of the Arms Export Control Act (22 U.S.C. 2778(g)(1)(A)(iii)) is amended by adding at the end before the comma the following: `or section 2339A of such title (relating to providing material support to terrorists)'.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New York (Mr. Gilman) and the gentleman from Minnesota (Mr. Luther) each will control 20 minutes.

The Chair recognizes the gentleman from New York (Mr. Gilman).

[Page: H10167]

GENERAL LEAVE

Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 4660, the bill under consideration.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from New York?

There was no objection.

Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.

(Mr. GILMAN asked and was given permission to revise and extend his remarks.)

Mr. GILMAN. Mr. Speaker, H.R. 4660 sends the following message to terrorists and war criminals: `You can run, but you cannot hide.'

Following the bombings of our embassies in Tanzania and Kenya, we must review the State rewards program. To date, the program is an unqualified success. Using these rewards, the U.S. Government captured terrorists like Ramsi Yousef, the mastermind of the World Trade Center bombing, and Mir Amal Kasi, who murdered two people outside of the CIA headquarters in 1993. Currently, we have an outstanding reward of $2 million to bring Haroun Fazil back dead or alive for the recent U.S. embassy bombings.

And, Mr. Speaker, I am holding up the wanted poster for Fazil here in my hand, printed by the State Department and distributed throughout the world, along with reward matchbook covers, that resulted in the capture of a prior criminal.

We last set the levels of these rewards back in 1989, and they are currently capped at $2 million. Last month, FBI Director Freeh testified before the Senate that the cap on rewards should be raised. Former CIA Director Woolsey noted that the architect of the embassy bombings, the very wealthy Bin Laden, could `see our $2 million bet and raise it' more than once. And we agree with that.

The bill before the House raises the total amount available for rewards from $5 million to $10 million, and increases the cap from $2 million to $5 million.

The administration and our senior military commanders in Bosnia also requested Congress to grant authority to the State Department to offer rewards for information leading to the arrest of persons indicted for war crimes in the former Yugoslavia.

Under current law, the State Department may offer rewards for information leading to the arrest of persons who commit terrorist acts or who import illegal narcotics into our Nation. Our military commanders in Bosnia would like to expand that to include persons indicted for war crimes in Yugoslavia.

We all know who the main targets of that effort are, Radovan Karadzic and Ratko Mladic, who ordered and carried out the massacre of 7,000 civilians at Screbrencia, among other crimes. These men remain at large and pose a danger to our U.S. diplomatic and military personnel who are stationed in Bosnia.

Mr. Speaker, I want to thank the gentleman from California (Mr. Lantos), a cosponsor of this legislation, as well as Ambassador Gelbard, and the junior Senator from Arizona, Mr. Kyl, all of whom made this legislation possible. This is a bipartisan bill with strong support of the administration and our commanders in the field in Bosnia. Accordingly, I urge its adoption.

• Mr. Speaker, the bill authorizes one million dollars in FY99, 00 and 01 to be appropriated to pay for these awards. The Administration expects that awards offered for war criminals will not top $100,000 each. CBO has scored this bill at a cost of $8 million in authorized spending, all subject to appropriation.

• It is important to note that while we will authorize such rewards to be offered, the bill requires the Secretary of State to ensure that payment of rewards for the arrest of people in the current law--terrorists and narcotics traffickers--come before this new authority to pay rewards for U.N. war criminals. This requirement keeps the focus of the rewards program on catching people who commit crimes against Americans.

• It is also important to state what the bill does not do. It does not authorize rewards for catching people indicted by the Rwanda tribunal, as originally requested by the Administration. While I favor including Rwanda as does most of the members of this committee, we reviewed this proposal with the senior Senator from North Carolina, Mr. Helms, who objected to the inclusion of Rwanda. Since we are looking to consider this bill in the Senate by unanimous consent, we felt it better to not include Rwanda. Nevertheless, if this bill is enacted, I believe that it will make a rewards program for Rwanda more likely to be enacted in the next Congress.

• In its comment to the Committee regarding this legislation, the Administration also does not like the language requiring that rewards for the arrest of people who attack Americans and narcotic trafficking take priority over rewards for the arrest of Yugoslav war criminals. While I understand the Administration's call for flexibility, Sen. Helms and I both strongly believe that while we should allow rewards for U.N. war criminals, the priority should remain with the original purposes of the law to arrest those who harm Americans. In light of the Administration's concerns, we did narrow the priority in the bill to making payments for U.N. war criminal arrests after any and all due and payable rewards under the original program are met.

• This bill does not permit a judicial review of the U.N. war criminal rewards but I want to emphasize that while the underlying statute does not deal with this subject, we do not imply a judicial review allowed over the current program.

• In addition, while we authorize payment of awards only for catching indicted war criminals, the State Department may offer rewards for unindicted criminals. They just cannot make a payment until the War Criminal Court brings forth an official indictment.

• With regard to the account rewards will be paid from, the Emergencies in the Diplomatic and Consular Service Account, I will note this account pays the costs of post evacuations, the rewards program and representational expenses of the State Department.

• Usually, the account is funded at around $5 million each year and has been supplemented with carryover balances that generally make around $10-12 million available in any given year. This fiscal year, the account is expected to only carry forward only $1 million due to the exceptional number of embassy evacuations.

• The FY 98 Supplemental includes $10 million to replenish this account. The $10 million is divided as follows: $4.5 is to pay for medical expenses, transportation, etc. for the families of victims and the Foreign Service Nationals in Kenya and Tanzania, $4.5 to cover rewards following the bombings, and $1 million is targeted for other post evacuations.

• The Department has $4 million in transfer authority to replenish this fund out of the Diplomatic and Consular Programs account. They intend to use that authority in FY 99. In FY 2000, the Department expects to have a budget request of $10-12 million.

• Since FY 85, $13.3 million has been made available to pay rewards for information leading to the arrest or conviction of persons responsible for international terrorist activities.

• FY 97 $1.5 million was available for rewards; $1.2 million was obligated for three narcotics rewards and $144,000 for publicity initiatives.

• FY 98 $3 million is available for rewards. $500,000 has been obligated for three narcotics rewards and $86,000 for publicity. Several other rewards are in the interagency review process.

• FY 99 $2 million was requested for the rewards program.

• In closing, I understand that while the State Department has some concerns with the draft, as outlined above, the Administration strongly supports passage of the bill.

Mr. Speaker, I reserve the balance of my time.

Mr. LUTHER. Mr. Speaker, I yield myself such time as I may consume to rise in support of this bill.

This bill, Mr. Speaker, adds a new authority to the current program of paying rewards for information leading to the arrest of terrorist and narcotics suspects. It would allow the Secretary of State to pay rewards for war criminals who are the subject of an indictment by the International Criminal Tribunal for the former Yugoslavia.

The bill is an important contribution to the efforts of the United States and its NATO allies to move forward on the difficult issues of Bosnia peace implementation. We know that the arrest of major figures who have been indicted by the war crimes tribunal has gone slowly. We need to help energize that process. Offering rewards for information leading to the arrest of war criminals in the former Yugoslavia will, hopefully, give some incentive to those who, until now, have been wavering about offering information.

The arrest of these war criminals may not be the solution in itself to the success of the Dayton peace process, but it would be an important step in the right direction in moving the Dayton peace process forward.

Mr. Speaker, I support this important bill and I urge its adoption.

Mr. Speaker, I reserve the balance of my time.

[Page: H10168]

Mr. GILMAN. Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey (Mr. Smith), the distinguished chairman of our Subcommittee on International Operations and Human Rights.

Mr. SMITH of New Jersey. Mr. Speaker, I rise today in strong support of H.R. 4660, authorizing the provision of rewards for information leading to the arrest and conviction of war criminals and those who have committed other serious violations of international humanitarian law in the former Yugoslavia.

I want to thank the gentleman from New York (Mr. Gilman) for sponsoring this and for his steadfast work on behalf of those suffering in that very, very troubled region.

[TIME: 2145]

As cochairman of the Helsinki Commission, Mr. Speaker, and also as chair of the International Ops and Human Rights Committee, I have had a number of hearings in both of those panels on the issue of war crimes tribunals, on the fact that from the very beginning, we did far too little, we did not provide enough money, but certainly the effort was worth it to try to collect information. Thankfully some of the problems we had in the beginning of underfunding are beginning to be met and the indictments of Mladic and Karadzic and others is, I think, a compelling testimony that we will at some point hold these people responsible. Our hope is that this will be extended in a very proactive and a very aggressive way to what is going on in Kosovo where there is slaughter.

Our Helsinki Commission held a hearing just a few days ago. We heard from former Senator Bob Dole and Assistant Secretary of State for Human Rights John Shattuck who had just visited the region and gave riveting, unbelievably disturbing testimony about the terrible carnage that they had witnessed firsthand and the accounts that they had heard from people fleeing those who are committing these crimes. Those who do these things must be held accountable. This resolution seeks to up the ante, if you will, put a price on their heads, to try to say that there is a reward for those who will promote justice and bringing these people to justice as they so surely deserve.

I want to again thank the gentleman from New York (Mr. Gilman). This is a very, very worthwhile resolution deserving of the support of our colleagues.

• Mr. Speaker, I rise today in support of H.R. 4660, authorizing the provision of rewards for information leading to the arrest and conviction of war criminals and those who have committed other serious violations of international humanitarian law in the former Yugoslavia.

• As Co-Chairman of the Helsinki Commission, I have followed the tragic developments in the former Yugoslavia and advocated decisive action to stop the senseless slaughter, first in Bosnia, and most recently in Kosovo. The tragic chapters of genocide and cold blooded murder in the Former Yugoslavia will not be closed until those responsible for such heinous criminal acts are brought to justice.

• Developments in Bosnia underscore the fact that there is a price--a high price--to be paid for allowing indicted war criminals like Karadzic and Mladic to remain at large. The unfolding carnage in Kosovo is most certainly the handiwork of the `Butcher of Belgrade,' Slobodan Milosevic. I applaud the recent passage of resolutions in the House and Senate calling for the investigation and indictment of Slobodan Milosevic as a war criminal. In fact, I introduced the measure in this House. We all recognize, though, that true justice demands that the net be cast further than the one person most responsible.

• As a supporter of the Tribunal from the get go, I offered amendments to boost funding--I believe it is critical that the Tribunal take a proactive stance in Kosovo that could serve as a possible deterrence against a new round of war crimes in the Former Yugoslavia. In the case of Bosnia, the Tribunal could only react to crimes that were mostly committed before and during its formation. In Kosovo, however, crimes could perhaps be deterred, if the Tribunal is vigorous and visible in its investigation of ongoing activity.

• Mr. Speaker, we saw a couple of days ago the reports of a major massacre in three villages in Kosovo, where women, children and the elderly were slain and, in some instances, their bodies mutilated by the Serbian security forces. These scenes are all too familiar and, absent determined action, will be repeated over and over and over again. The Helsinki Commission has received disturbing reports from Senator Bob Dole and Assistant Secretary of State John Shattuck who formed a fact-finding mission to Kosovo. They told us about men being separated from women and children and simply taken away, perhaps to lengthy detention or maybe their execution. There are also reports, again of the mass rape being used as a weapon of war.

• Mr. Speaker, as a cosponsor of H.R. 4660, I believe adoption of this legislation will underscore the continued commitment of the United States to see that those responsible for the war crimes and other serious violations of international humanitarian law are held accountable for their actions. While it is unlikely that the offer of rewards alone will lead to the arrest or conviction of all of those responsible for war crimes in the Former Yugoslavia, even if one criminal is brought to justice as a result of our action today, the modest investment would have been worth the effort.

Mr. LUTHER. Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Lantos).

Mr. LANTOS. I thank my friend for yielding me this time. I rise, Mr. Speaker, in support of this legislation, but also to recognize the enormous contributions of the distinguished Republican chairman of the Committee on International Relations in his fight against terrorism over many years in many capacities. At our annual meetings with the European Parliament, it was Chairman Gilman who invariably raised the issue of international terrorism, drug trafficking and international criminal activities. His unceasing efforts on behalf of these causes has paid off handsomely. I think this last measure is an appropriate indication of the change of antiterrorist legislation that Chairman Gilman has introduced. I strongly urge all of my colleagues to support it.

Mr. GILMAN. Mr. Speaker, I want to thank the gentleman from California for his kind remarks and for his strong support for antiterrorism legislation in our committee.

Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Fox).

Mr. FOX of Pennsylvania. Mr. Speaker, I too want to congratulate the gentleman from New York (Mr. Gilman) for bringing this legislation forward. He has worked in a bipartisan fashion with the gentleman from California (Mr. Lantos) and others in the Committee on International Relations including the gentleman from New Jersey (Mr. Smith) in making sure that the antiterrorism legislation moves forward in this Congress. We owe a great debt of gratitude to the gentleman from New York for his leadership in this area.

We just have to look to the fact that the program that Chairman Gilman referred to relates back to the August 7, 1998 reward and poster which he spoke of earlier where two explosions rocked the U.S. embassies in Kenya and in Tanzania killing over 200 innocent people. This particular reward calls for a reward to those individuals who will bring information against Haroun Fazil who is a member of an international terrorist group dedicated to opposing select governments with force and violence.

The fact is this legislation, H.R. 4660, Mr. Speaker, will amend the State Department Basic Authorities Act of 1956 to provide rewards of an increase from $2 million to $5 million for the arrest and conviction of any individual for the commission of an act, or conspiracy to act, of international terrorism, narcotics related offenses, or for serious violations of international humanitarian law.

The fact is that it has been 10 years since the last time this threshold from $2 million to $5 million will have been changed. This legislation of the gentleman from New York which we have supported widely will help us to in fact catch those individuals in Croatia, Bosnia and the Federal Republic of Yugoslavia who are committing the kind of terrorism that the United States wants to end. With this legislation, we will be one step further toward that goal.

I thank the gentleman from New York (Mr. Gilman), the gentleman from California (Mr. Lantos) and the other cosponsors including the gentleman from New Jersey (Mr. Smith) for bringing this bill forward and look forward to its passage. I thank my colleagues on both sides of the aisle for supporting this important bill.

[Page: H10169]

Mr. LUTHER. Mr. Speaker, I yield back the balance of my time.

Mr. GILMAN. Mr. Speaker, I thank the gentleman from Pennsylvania (Mr. Fox) for his supporting remarks.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion offered by the gentleman from New York (Mr. Gilman) that the House suspend the rules and pass the bill, H.R. 4660, as amended.

The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed.

The title of the bill was amended so as to read:

`A bill to amend the State Department Basic Authorities Act of 1956 to provide rewards for information leading to the arrest or conviction of any individual for the commission of an act, or conspiracy to act, of international terrorism, narcotics related offenses, or for serious violations of international humanitarian law relating to the Former Yugoslavia, and for other purposes.'

A motion to reconsider was laid on the table.

END