II

103D CONGRESS

1ST SESSION S. 1099

To authorize appropriations for the Department of State to carry out its

authorities and responsibilities in the conduct of foreign affairs during

the fiscal years 1994 and 1995, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 15, 1993

Mr. PELL (by request) introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations

A BILL

To authorize appropriations for the Department of State

to carry out its authorities and responsibilities in the

conduct of foreign affairs during the fiscal years 1994

and 1995, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Foreign Relations Authorization Act, Fiscal Years 1994

6 and 1995’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

TITLE I—THE DEPARTMENT OF STATE
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PART A—AUTHORIZATION OF APPROPRIATIONS ALLOCATIONS OF FUNDS:

RESTRICTIONS

Sec. 101. Administration of foreign affairs.

Sec. 102. International organizations and conferences.

Sec. 103. International commissions.

Sec. 104. Migration and refugee assistance.

Sec. 105. Other programs.

Sec. 106. Prohibition on discriminatory contracts.

PART B—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Sec. 111. Emergencies in the diplomatic and consular service.

Sec. 112. Transfers and reprogrammings.

Sec. 113. Expenses relating to certain international claims and proceedings.

Sec. 114. Childcare facilities at certain posts abroad.

Sec. 115. Technical correction.

Sec. 116. Role of the Foreign Service Institute.

Sec. 117. Reporting requirement on American prisoners abroad.

Sec. 118. Persons authorized to issue passports abroad.

Sec. 119. Notarial authority.

Sec. 120. Consolidation of reports on visa denials.

Sec. 121. Grants for environmental activities.

Sec. 122.–130. [reserved.]

PART C—DIPLOMATIC RECIPROCITY AND SECURITY

Sec. 131. Relocation of participants in Rewards Program.

PART D—PERSONNEL

Sec. 141. Retirement eligibility for certain employees of international organizations.

Sec. 142. Waiver of limit for certain claims for personal property damage or

loss.

Sec. 143. Salaries of chiefs of mission.

Sec. 144. Administration of senior foreign service performance pay.

Sec. 145. Amendments to title 5.

Sec. 146. Reassignment and retirement of former presidential appointees.

Sec. 147. Amendments to chapter 11 of the Foreign Service Act.

PART E—INTERNATIONAL ORGANIZATIONS

Sec. 151. Agreement on State and local taxation of foreign employees of public

international organizations.

Sec. 152. Reform in budget decision-making procedures of the United Nations

and its specialized agencies.

Sec. 153. International Boundary and Water Commission.

Sec. 154. United States membership in the Asian-Pacific Economic Cooperation

Organization.

PART F—MISCELLANEOUS PROVISIONS

Sec. 161. Publishing international agreements.

Sec. 162. Migration and refugee amendments.

TITLE II—DEPARTMENT OF STATE ORGANIZATION
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Sec. 201. Organizing principles.

Sec. 202. Under Secretary and Assistant Secretary positions.

Sec. 203. Envoy to the Afghan resistance.

Sec. 204. Burdensharing.

Sec. 205. Coordinator for international communications and information policy.

Sec. 206. Refugee affairs.

Sec. 207. Office of foreign missions.

Sec. 208. Director General of the Foreign Service.

TITLE III—TORTURE AND TERRORISM OFFENSES AND

SANCTIONS

Sec. 301. Implementation of the 1988 Protocol for the suppression of unlawful

acts of violence at airports serving international civil aviation.

Sec. 302. Amendment to Federal Aviation Act.

Sec. 303. Offenses of violence against maritime navigation or fixed platforms.

Sec. 304. Torture convention implementation.

Sec. 305. Providing material support to terrorists.

Sec. 306. Extension of the statute of limitations for certain terrorism offenses.

1 TITLE I—DEPARTMENT OF

2 STATE

3 PART A—AUTHORIZATION OF APPROPRIATIONS

4 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

5 The following are authorized to be appropriated for

6 the Department of State under ‘‘Administration of For7 eign Affairs’’ to carry out the authorities, functions, du8 ties, and responsibilities in the conduct of the foreign af9 fairs of the United States and for other purposes author10 ized by law, including the diplomatic security program:

11 (1) SALARIES AND EXPENSES.—For ‘‘Salaries

12 and Expenses’’, of the Department of State

13 $2,174,000,000 for the fiscal year 1994 and

14 $2,191,854,000 for the fiscal year 1995.

15 (2) ACQUISITION AND MAINTENANCE OF BUILD16 INGS ABROAD.—For ‘‘Acquisition and Maintenance

17 of Buildings Abroad’’, $420,000,000 for the fiscal
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1 year 1994 and $432,119,000 for the fiscal year

2 1995.

3 (3) REPRESENTATION ALLOWANCES.—For

4 ‘‘Representation Allowances’’, $4,881,000 for the

5 fiscal year 1994 and $4,853,000 for the fiscal year

6 1995.

7 (4) EMERGENCIES IN THE DIPLOMATIC AND

8 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip9 lomatic and Consular Service, $8,000,000 for the

10 fiscal year 1994 and $8,208,000 for the fiscal year

11 1995.

12 (5) OFFICE OF THE INSPECTOR GENERAL.—

13 For ‘‘Office of the Inspector General’’, $24,055,000

14 for the fiscal year 1994 and $24,834,000 for the fis15 cal year 1995.

16 (6) PAYMENT TO THE AMERICAN INSTITUTE IN

17 TAIWAN.—For ‘‘Payment to the American Institute

18 in Taiwan’’, $15,484,000 for the fiscal year 1994

19 and $15,395,000 for the fiscal year 1995.

20 (7) PROTECTION OF FOREIGN MISSIONS AND

21 OFFICIALS.—For ‘‘Protection of Foreign Missions

22 and Officials’’, $10,814,000 for the fiscal year 1994

23 and $11,095,000 for the fiscal year 1995.

24 (8) REPATRIATION LOANS.—For ‘‘Repatriation

25 Loans’’, $193,000 for the fiscal year 1994 and
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1 $198,000 for the fiscal year 1995, for administrative

2 expenses.

3 SEC. 102. INTERNATIONAL ORGANIZATIONS AND CON4 FERENCES.

5 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

6 ORGANIZATIONS.—There are authorized to be appro7 priated for ‘‘Contributions to International Organiza8 tions’’, $865,885,000 for the fiscal year 1994 and

9 $1,000,053,000 for the fiscal year 1995 for the Depart10 ment of State to carry out the authorities, functions, du11 ties, and responsibilities in the conduct of the foreign af12 fairs of the United States with respect to international or13 ganizations and to carry out other authorities in law con14 sistent with such purposes.

15 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE16 KEEPING ACTIVITIES.—There are authorized to be appro17 priated for ‘‘Contributions for International Peacekeeping

18 Activities’’, $597,744,000 for the fiscal year 1994 and

19 $478,000,000 for the fiscal year 1995 for the Department

20 of State to carry out the authorities, functions, duties, and

21 responsibilities in the conduct of the foreign affairs of the

22 United States with respect to international peacekeeping

23 activities and to carry out other authorities in law consist24 ent with such purposes.
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1 (c) INTERNATIONAL CONFERENCES AND CONTIN2 GENCIES.—In addition to funds otherwise authorized to

3 be appropriated for these purposes, there are authorized

4 to be appropriated for ‘‘International Conferences and

5 Contingencies’’, $6,600,000 for the fiscal year 1994 and

6 $6,743,000 for the fiscal year 1995 for the Department

7 of State to carry out the authorities, functions, duties, and

8 responsibilities in the conduct of the foreign affairs of the

9 United States with respect to international conferences

10 and contingencies and to carry out other authorities in law

11 consistent with such purposes.

12 SEC. 103. INTERNATIONAL COMMISSIONS.

13 The following amounts are authorized to be appro14 priated under ‘‘International Commissions’’ for the De15 partment of State to carry out the authorities, functions,

16 duties, and responsibilities in the conduct of the foreign

17 affairs of the United States and for other purposes author18 ized by law:

19 (1) INTERNATIONAL BOUNDARY AND WATER

20 COMMISSION, UNITED STATES AND MEXICO.—For

21 ‘‘International Boundary and Water Commission,

22 United States and Mexico’’—

23 (A) for ‘‘Salaries and Expenses’’ for the

24 fiscal year 1994, $11,330,000, and for the fis25 cal year 1995, $11,767,000; and
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1 (B) for ‘‘Construction’’ for the fiscal year

2 1994 $14,790,000, and for the fiscal year

3 1995, $15,198,000.

4 (2) INTERNATIONAL BOUNDARY COMMISSION,

5 UNITED STATES AND CANADA.—For ‘‘International

6 Boundary Commission, United States and Canada’’,

7 $760,000 for the fiscal year 1994 and $784,000 for

8 the fiscal year 1995.

9 (3) INTERNATIONAL JOINT COMMISSION.—For

10 ‘‘International Joint Commission’’, $3,643,000 for

11 the fiscal year 1994 and $3,759,000 for the fiscal

12 year 1995.

13 (4) INTERNATIONAL FISHERIES COMMIS14 SIONS.—For ‘‘International Fisheries Commissions’’,

15 $14,200,000 for the fiscal year 1994 and

16 $14,569,000 for the fiscal year 1995.

17 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated for ‘‘Migration and Ref20 ugee Assistance’’ for authorized activities, $640,688,000

21 for the fiscal year 1994 and $640,688,000 for the fiscal

22 year 1995.

23 (b) AVAILABILITY OF FUNDS.—Funds appropriated

24 pursuant to subsection (a) are authorized to be available

25 until expended.
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1 SEC. 105. OTHER PROGRAMS.

2 The following amounts are authorized to be appro3 priated for the Department of State to carry out the au4 thorities, functions, duties, and responsibilities in the con5 duct of the foreign affairs of the United States and for

6 other purposes authorized by law:

7 (1) UNITED STATES BILATERAL SCIENCE AND

8 TECHNOLOGY AGREEMENTS.—For ‘‘United States

9 Bilateral Science and Technology Agreements’’,

10 $4,500,000 for the fiscal year 1994 and $4,617,000

11 for the fiscal year 1995.

12 (2) ASIA FOUNDATION.—For ‘‘Asia Founda13 tion’’, $16,693,000 for the fiscal year 1994 and

14 $17,127,000 for the fiscal year 1995.

15 SEC. 106. PROHIBITION ON DISCRIMINATORY CONTRACTS.

16 (a) PROHIBITION.—Except as provided in subsection

17 (b), none of the funds authorized to be appropriated in

18 this Act may be obligated or expended by the Department

19 of State for contracts with any foreign or United States

20 firm that complies with the Arab League Boycott of the

21 State of Israel or with any foreign or United States firm

22 the discriminates in the award of subcontracts on the basis

23 of religion.

24 (b) EXCEPTION.—The Secretary of State may waive

25 this provision on a country-by-country basis upon certifi26 cation to the Congress by the Secretary that such waiver
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1 is in the national interest and is necessary to carry on

2 the diplomatic functions of the United States.

3 PART B—DEPARTMENT OF STATE AUTHORITIES

4 AND ACTIVITIES

5 SEC. 111. EMERGENCIES IN THE DIPLOMATIC AND CON6 SULAR SERVICE.

7 Section 4 of the State Department Basic Authorities

8 Act of 1956 (22 U.S.C. 2671) is amended in subsection

9 (c)—

10 (1) by striking ‘‘and the Foreign Service’’; and

11 (2) by striking ‘‘confidential’’.

12 SEC. 112. TRANSFERS AND REPROGRAMMINGS.

13 (a) AMENDMENTS TO SECTION 24 OF THE STATE

14 DEPARTMENT BASIC AUTHORITIES ACT.—Section 24 of

15 the State Department Basis Authorities Act (22 U.S.C.

16 2696) is amended—

17 (1) in subsection (b)(7) by striking paragraph

18 (E);

19 (2) in subsection (d)(1) by striking ‘‘, for the

20 second fiscal year of any two-year authorization

21 cycle may be appropriated for such second fiscal

22 year’’ and inserting in its place ‘‘for a given fiscal

23 year may be appropriated for such year’’;
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1 (3) in subsection (d)(2) by striking ‘‘5 percent’’

2 and ‘‘10 percent’’ and inserting in their places ‘‘10

3 percent’’ and ‘‘35 percent’’ respectively;

4 (4) by striking subsection (d)(4);

5 (5) by inserting the following new subsection

6 (f):

7 ‘‘(f)(1) Subject to paragraphs (2), (3), and (4), funds

8 appropriated for the Department of State in the Depart9 ment of State Appropriations Act for any fiscal year may

10 be transferred to any other appropriations account.

11 ‘‘(2) Neither the ‘‘Salaries and Expenses’’ account

12 nor the ‘‘Acquisition and Maintenance of Buildings

13 Abroad’’ account may be increased by a transfer under

14 this subsection by more than 10 percent of the amount

15 specifically appropriated for each account. No other appro16 priations account may be increased by a transfer under

17 this subsection by more than 35 percent of the amount

18 specifically appropriated for such account, except that this

19 limitation shall not apply to transfers to the ‘‘Emergencies

20 in the Consular and Diplomatic Service’’ appropriation

21 necessary for evacuations.

22 ‘‘(3) Any transfer pursuant to this paragraph shall

23 be treated as a reprogramming of funds under section 34

24 and shall be available for obligation or expenditure only

25 in accordance with the requirements of that section, except
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1 that the 15-day period under that section shall apply only

2 insofar as consistent with the emergency nature of the sit3 uation in cases where the safety of human life is involved.

4 Notification required in section 34 shall also be provided

5 to the Appropriations Committees of both Houses of

6 Congress.’’.

7 (b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section

8 401 of the Omnibus Diplomatic Security and

9 Antiterrorism Act of 1986 (22 U.S.C. 4851) is amended—

10 (1) by striking subsections (c) and (h)(3); and

11 (2) by renumbering subsections (d) through (h)

12 as (c) through (g) respectively.

13 (c) AMENDMENT TO SECTION 34 OF THE STATE DE14 PARTMENT BASIC AUTHORITIES ACT.—Section 34 of the

15 State Department Basic Authorities Act (22 U.S.C. 2706)

16 is amended by adding the following new subsection (c):

17 ‘‘(c) In an emergency situation, the 15-day period

18 under subsection (a) and the requirements of subsection

19 (b) shall apply only insofar as consistent with the emer20 gency nature of the situation in cases where the safety

21 of human life is involved.’’
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1 SEC. 113. EXPENSES RELATING TO CERTAIN INTER2 NATIONAL CLAIMS AND PROCEEDINGS.

3 Section 38 of the State Department Basic Authorities

4 Act is amended by adding the following new subsections

5 (c) and (d) at the end:

6 ‘‘(c) PROCUREMENT OF SERVICES.—The Secretary

7 of State may use competitive procedures or procedures

8 other than competitive procedures to procure the services

9 of experts for use in preparing or prosecuting a proceeding

10 before an international tribunal or a claim by or against

11 a foreign government or other foreign entity, whether or

12 not the expert is expected to testify, or to procure other

13 support services for such proceedings or claims. The Sec14 retary need not provide any written justification for the

15 use of procedures other than competitive procedures when

16 procuring such services under this chapter and need not

17 furnish for publication in the Commerce Business Daily

18 or otherwise any notice of solicitation or synopsis with re19 spect to such procurement.

20 ‘‘(d) INTERNATIONAL LITIGATION FUND.—(1) ES21 TABLISHMENT.—In order to provide the Department of

22 State with a dependable, flexible and adequate source of

23 funding for its expenses related to preparing or prosecut24 ing a proceeding before an international tribunal, or a

25 claim by or against a foreign government or other foreign

26 entity, there is established an International Litigation
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1 Fund (ILF). The ILF shall be available without fiscal

2 year limitation. Funds otherwise available for such pur3 poses may be credited to the ILF.

4 ‘‘(2) REPROGRAMMING PROCEDURES.—Except for

5 the transfers of funds authorized in paragraph (3), funds

6 credited to the ILF shall be treated as a reprogramming

7 of funds under section 34 of the State Department Basic

8 Authorities Act of 1956 (22 U.S.C. 2706) and shall not

9 be available for obligation or expenditure except in compli10 ance with the procedures applicable to such

11 reprogramming.

12 ‘‘(3) TRANSFERS OF FUNDS.—Funds received by the

13 Department of State from another agency of the United

14 States Government or pursuant to the second paragraph

15 of section 2661 of title 22, United States Code, to meet

16 costs of preparing or prosecuting a proceeding before an

17 international tribunal, or a claim by or against a foreign

18 government or other foreign entity, shall be credited to

19 the ILF.

20 ‘‘(4) USE OF FUNDS.—Funds deposited in the ILF

21 shall be available only for the purposes set forth in para22 graph (1).’’.
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1 SEC. 114. CHILDCARE FACILITIES AT CERTAIN POSTS

2 ABROAD.

3 Section 31 of the State Department Basic Authorities

4 Act of 1956 (22 U.S.C. 2703) is amended in subsection

5 (e) by striking ‘‘for the fiscal years 1992 and 1993,’’.

6 SEC. 115. TECHNICAL CORRECTION.

7 Section 2 of the State Department Basic Authorities

8 Act of 1956 is amended by striking ‘‘(l)’’ from the sub9 paragraph which reads:

10 ‘‘(l) pay obligations arising under international

11 agreements, conventions, and binational contracts to

12 the extent otherwise authorized by law.’’

13 and replacing it with ‘‘(m)’’.

14 SEC. 116. ROLE OF THE FOREIGN SERVICE INSTITUTE.

15 Section 701 of the Foreign Service Act of 1980 (22

16 U.S.C. 4021) is amended by adding at the end the follow17 ing new subsection:

18 ‘‘(d) Special professional foreign affairs training and

19 instruction may be provided at the Institute for employees

20 of foreign governments on a reimbursable basis. Reim21 bursement may come from a foreign government or an22 other United States Government agency for such training

23 and instruction. All of the authorities of section 704 are

24 applicable to training provided under this section. Train25 ing should be made available in the first instance to per26 sons from newly emerging democratic nations, and then
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1 for other nations as deemed to be in the United States

2 national interest.’’.

3 SEC. 117. REPORTING REQUIREMENT ON AMERICAN PRIS4 ONERS ABROAD.

5 Section 108 of the Foreign Relations Authorization

6 Act, Fiscal Year 1978 (Public Law 95–105) is repealed.

7 SEC. 118. PERSONS AUTHORIZED TO ISSUE PASSPORTS

8 ABROAD.

9 Section 211a of title 22 of the United States Code

10 (44 Stat. 887) is amended by striking ‘‘by diplomatic rep11 resentatives of the United States, and by such consul gen12 erals, consuls, or vice consuls when in charge,’’ and insert13 ing in its place ‘‘by diplomatic and consular officers of

14 the United States, and by such other employees of the De15 partment of State who are citizens of the United States,’’.

16 SEC. 119. NOTARIAL AUTHORITY.

17 Section 4221 of title 22 of the United States Code

18 is amended in the first sentence to insert after ‘‘consular

19 officer’’, ‘‘, and any other employee of the Department of

20 State who is a citizen of the United States as the Sec21 retary of State may designate pursuant to regulation,’’.
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1 SEC. 120. CONSOLIDATION OF REPORTING REQUIREMENTS

2 ON VISA DENIALS.

3 (a) BASIC AUTHORITIES ACT.—Section 51 of the

4 State Department Basic Authorities Act (section 127(a)

5 of Public Law 102–138) is repealed.

6 (b) IMMIGRATION AND NATURALIZATION ACT.—Sec7 tion 212(a)(3)(C)(iv) of the Immigration and Naturaliza8 tion Act (8 U.S.C. 1182(a)(3)(C)(iv)) is deleted in its en9 tirety and replaced with the following:

10 ‘‘(iv) REPORTS TO CONGRESS.—The

11 Secretary of State shall report, on a timely

12 basis, to the chairmen of the Committees

13 on the Judiciary and Foreign Affairs of

14 the House of Representatives and of the

15 Committees on the Judiciary and Foreign

16 Relations of the Senate each time a con17 sular post denies a visa under clause (i) or

18 clause (iii). Such report shall set forth the

19 name and nationality of the alien who was

20 denied a visa and the factual basis and

21 reasons for such denial, including the rea22 sons for any determination under clause

23 (iii).’’.
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1 SEC. 121. GRANTS FOR ENVIRONMENTAL ACTIVITIES.

2 Section 2 of the State Department Basic Authorities

3 Act of 1956 (22 U.S.C. 2669) is amended by adding a

4 new subsection (n) as follows:

5 ‘‘(n) make grants, contracts, and otherwise sup6 port activities to conduct research and promote

7 international cooperation on environmental and

8 other scientific issues.’’.

9 PART C—DIPLOMATIC RECIPROCITY AND

10 SECURITY

11 SEC. 131. RELOCATION OF PARTICIPANTS IN REWARDS

12 PROGRAMS.

13 Section 36 of the State Department Basic Authorities

14 Act (22 U.S.C. 2708) is amended in subsection (e)—

15 (1) by inserting ‘‘(1)’’ immediately following

16 ‘‘(e)’’; and

17 (2) by adding the following new paragraph at

18 the end:

19 ‘‘(2)(A) whenever the information which would justify

20 a reward under subsection (a) is furnished by an alien and

21 the Secretary of State and the Attorney General jointly

22 determine that the safety of such alien or members of the

23 alien’s immediate family requires the admission of such

24 alien or aliens to the United States, then such alien, and

25 the members of the alien’s immediate family, if necessary,

26 may be admitted to the United States for permanent resi-
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1 dence, without regard to the requirements of the Immigra2 tion and Nationality Act (8 U.S.C. 1101 et seq.).

3 ‘‘(B) The total number of aliens admitted to the

4 United States under subparagraph (A) shall not exceed

5 25 in any one fiscal year.’’.

6 PART D—PERSONNEL

7 SEC. 141. RETIREMENT ELIGIBILITY FOR FEDERAL EM8 PLOYEES TRANSFERRED TO INTERNATIONAL

9 ORGANIZATIONS.

10 (a) AMENDMENT TO THE FEDERAL INSURANCE CON11 TRIBUTIONS ACT.—Section 3121 of title 26, United

12 States Code, is amended by adding the following new sub13 section at the end:

14 ‘‘(y) For purposes of this chapter, notwithstanding

15 the provisions of paragraph (b)(15) of this section, service

16 performed in the employ of an international organization

17 by an employee of the United States who is transferred

18 to such organization shall constitute employment in the

19 employ of the United States, if for purposes of section

20 3582 of title 5, United States Code, such employment will

21 enable an individual who is entitled to the coverage, rights,

22 and benefits of subsection (a)(1) of section 3582 to retain

23 such coverage, rights, and benefits during the individual’s

24 period of transferred service with the international organi25 zation.’’.
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1 (b) AMENDMENT TO SELF-EMPLOYMENT INCOME

2 TAX PROVISIONS OF THE INTERNAL REVENUE CODE OF

3 1986.—Section 1402(c)(2)(C) of title 26, United States

4 Code, is amended to read as follows:

5 ‘‘(C) service described in section 3121(b)

6 (11), (12), or (15) performed in the United

7 States (as defined in section 3121(e)(2)) by a

8 citizen of the United States, except for services

9 described in section 3121(y) that constitute em10 ployment in the employ of the United States,’’.

11 (c) CONFORMING AMENDMENT TO THE SOCIAL SE12 CURITY ACT.—

13 (1) Section 210 of the Social Security Act (42

14 U.S.C. 410) is amended by adding the following new

15 subsection at the end:

16 ‘‘(r) FEDERAL EMPLOYEES TRANSFERRED TO

17 INTERNATIONAL ORGANIZATIONS.—For purposes of this

18 title, notwithstanding the provisions of paragraph (a)(15)

19 of this section, service performed in the employ of an

20 international organization by an employee of the United

21 States who is transferred to such organization shall con22 stitute employment in the employ of the United States if,

23 for purposes of section 3582 of title 5, United States

24 Code, such employment will enable an individual who is

25 entitled to the coverage, rights, and benefits of subsection
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1 (a)(1) of section 3582 to retain such coverage, rights, and

2 benefits during the individual’s period of transferred serv3 ice with the international organization.’’.

4 (2) Section 211(c)(2)(C) of the Social Security

5 Act (42 U.S.C. 411(c)(2)(C)) is amended by adding

6 at the end ‘‘except for service described in section

7 210(r) of this title that constitutes employment in

8 the employ of the United States,’’.

9 SEC. 142. WAIVER OF LIMIT FOR CERTAIN CLAIMS FOR

10 PERSONAL PROPERTY DAMAGE OR LOSS.

11 Subsection 3721(b) of title 31 of the United States

12 Code is amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

14 (2) by adding after paragraph (1) the following

15 new paragraph:

16 ‘‘(2) Upon a determination by the Secretary of State

17 that exceptional circumstances exist, he or she may waive

18 the dollar limit imposed under paragraph (1), to the extent

19 warranted by the exceptional circumstances, but not to ex20 ceed $85,000, for claims by United States Government

21 personnel subject to a chief of mission in a foreign country

22 for damage or loss caused by a natural disaster or in cir23 cumstances where there is in effect a departure authorized

24 or ordered from that country under subsection 5522(a)

25 of title 5 of the United States Code. With respect to such
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1 claims by persons under the command of a United States

2 area military commander, the Secretary of Defense may

3 grant such a waiver.’’.

4 (3) The amendments made by paragraph (2)

5 shall be deemed to have become effective as of Octo6 ber 31, 1988, the date of enactment of Public Law

7 100–565.

8 SEC. 143. SALARIES OF CHIEFS OF MISSION.

9 Section 401(a) of the Foreign Service Act of 1980

10 (22 U.S.C. 3961(a)) is amended—

11 (1) by striking ‘‘, exclusive of danger pay,’’; and

12 (2) by striking ‘‘not exceed the annual rate pay13 able for level I of such Executive Schedule’’, and in14 serting in its place ‘‘be subject to the limitation on

15 certain payments under section 5307 of title 5 of the

16 United States Code’’.

17 SEC. 144. ADMINISTRATION OF SENIOR FOREIGN SERVICE

18 PERFORMANCE PAY.

19 Section 405(b)(4) of the Foreign Service Act of 1980

20 (22 U.S.C. 3965(b)(4)) is amended to read as follows:

21 ‘‘(4) Any award under this section shall be sub22 ject to the limitation on certain payments under sec23 tion 5307 of title 5 of the United States Code.’’.
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1 SEC. 145. AMENDMENTS TO TITLE 5.

2 (a) AWAY-FROM-POST EDUCATION ALLOWANCE.—

3 Section 5924(4)(A) of title V, United States Code, is

4 amended by inserting the following new sentence after

5 ‘‘title 31.’’: ‘‘When travel from school to post is infeasible,

6 travel may be allowed from the school attended to visit

7 a designated relative or family friend or to join parents

8 at any location, with the allowable travel expense not to

9 exceed the cost of travel between the school and post.’’.

10 (b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS

11 STUDYING ABROAD.—Section 5924(4)(B) of title 5, Unit12 ed States Code, is amended in the first sentence by insert13 ing after ‘‘in the United States’’, ‘‘(or to and from a school

14 outside the United States if the dependent is attending

15 that school for less than one year under a program ap16 proved by the school in the United States in which the

17 dependent is enrolled)’’.

18 SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER

19 PRESIDENTIAL APPOINTEES.

20 Section 813 of the Foreign Service Act of 1980 (22

21 U.S.C. 4053), as amended, is further amended by striking

22 all of section 813 and inserting in its place the following:

23 ‘‘(a) If a participant completes an assignment under

24 section 302(b) in a position to which he or she was ap25 pointed by the President, and if that individual is not oth26 erwise eligible for retirement, the participant shall be reas-
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1 signed within 90 days after the termination of such as2 signment and any period of authorized leave.

3 ‘‘(b) If a participant completes an assignment under

4 section 302(b) in a position to which he or she was ap5 pointed by the President, and if that individual is eligible

6 for retirement and is not reassigned within 90 days after

7 the termination of such assignment and any period of au8 thorized leave, the participant shall be retired from the

9 Service and receive retirement benefits in accordance with

10 section 806 or 855, as appropriate.’’.

11 SEC. 147. AMENDMENTS TO CHAPTER 11 OF THE FOREIGN

12 SERVICE ACT.

13 (a) GRIEVANCE BOARD PROCEDURES.—Section 1106

14 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is

15 amended—

16 (1) in subsection (1)(A) by inserting ‘‘consisting

17 of a suspension of 14 days or more’’ after ‘‘discipli18 nary action’’; and

19 (2) in subsection (8), by striking ‘‘until the

20 Board has ruled upon the grievance.’’ and inserting

21 in its place ‘‘for up to one year, or until the Board

22 has ruled upon the grievance, whichever period is

23 shorter. The Board may extend the one-year limit if

24 it determines that the agency or the Board is re-
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1 sponsible for delaying the resolution of the griev2 ance.’’.

3 (b) GRIEVANCE BOARD RECOMMENDATIONS.—Sec4 tion 1107 of the Foreign Service Act of 1980 (22 U.S.C.

5 4137) is amended by redesignating subsections (e)

6 through (f) as (f) through (g) and adding the following

7 new subsection after subsection (d):

8 ‘‘(e) Subsections (b) and (d) are applicable only in

9 cases where the Board finds that a grievance is meritori10 ous. If the Board does not find that the grievance is meri11 torious, but concludes that reformative action would be in

12 the interest of the Department and the Service, it may

13 so advise the Department but shall not direct the Depart14 ment to take such action.’’.

15 (c) TIME LIMITATION ON REQUESTS FOR JUDICIAL

16 REVIEW.—Section 1110 of the Foreign Service Act of

17 1980 (22 U.S.C. 4140) is amended by inserting before the

18 period at the end of the first sentence ‘‘, provided that

19 the request for judicial review is filed within 180 days of

20 the final action of the Secretary of the Board’’.
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1 PART E—INTERNATIONAL ORGANIZATIONS

2 SEC. 151. AGREEMENT ON STATE AND LOCAL TAXATION OF

3 FOREIGN EMPLOYEES OF PUBLIC INTER4 NATIONAL ORGANIZATIONS.

5 The President is hereby authorized to bring into force

6 for the United States the Agreement on State and Local

7 Taxation of Foreign Employees of Public International

8 Organizations, which was signed by the United States on

9 April 21, 1992.

10 SEC. 152. REFORM IN BUDGET DECISIONMAKING PROCE11 DURES OF THE UNITED NATIONS AND ITS

12 SPECIALIZED AGENCIES.

13 (a) ASSESSED CONTRIBUTIONS.—For assessed con14 tributions authorized to be appropriated by section 102

15 of this Act, the President may withhold 20 percent of the

16 funds appropriated for the United States assessed con17 tribution to the United Nations or to any of its specialized

18 agencies for any calendar year if the Secretary of State

19 determines that the United Nations or any such agency

20 has failed to implement or to continue to implement con21 sensus-based decision making procedures on budgetary

22 matters which assure that sufficient attention is paid to

23 the views of the United States and other member states

24 who are major financial contributors to such assessed

25 budgets.
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1 (b) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to

2 the availability of appropriations, payment of assessed

3 contributions for prior years may be made to the United

4 Nations or any of its specialized agencies notwithstanding

5 subsection (a) of this section, section 405 of the Foreign

6 Relations Authorization Act, Fiscal Years 1990 and 1991

7 (Public Law 101–246) and section 143 of the Foreign Re8 lations Authorization Act, Fiscal Years 1986 and 1987

9 (Public Law 99–93) if the Secretary of State determines

10 that such payment would further United States interests

11 in that organization.

12 SEC. 153. INTERNATIONAL BOUNDARY AND WATER COM13 MISSION.

14 (a) AUTHORIZATION TO RECEIVE PAYMENTS.—Sec15 tion 2 of Public Law 88–300 (22 U.S.C. 277d–18) is

16 amended—

17 (1) by adding at the end of the section heading

18 the following: ‘‘; use of payments received’’;

19 (2) by inserting ‘‘(a)’’ before ‘‘The United

20 States Commissioner’’;

21 (3) by striking the period at the end and insert22 ing ‘‘;’’

23 (4) by adding the following new subsections at

24 the end:
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1 ‘‘(b) The United States Commissioner is further au2 thorized to receive payments of money from public or pri3 vate sources in the United States or the United Mexican

4 States made for the purpose of sharing in the cost of re5 placement of the Bridge of the Americas which crosses the

6 Rio Grande between El Paso, Texas and Cd. Juarez, Chi7 huahua. All such moneys shall, notwithstanding any other

8 provision of law, be credited to any appropriation to the

9 Commission which is currently available. Such funds shall

10 be available only for the replacement of the said Bridge.

11 ‘‘(c) The authority of subsection (b) may be exercised

12 only to such extent or in such amounts as are provided

13 in advance in an appropriate Act.’’.

14 (b) EXPENDITURES FOR WATER POLLUTION PROB15 LEMS.—Title I of the Act of June 20, 1956 (70 Stat. 302,

16 22 U.S.C. 277d–12), as amended, is amended in the

17 fourth undesignated paragraph under the heading

18 ‘‘INTERNATIONAL BOUNDARY AND WATER COMMISSION,

19 UNITED STATES AND MEXICO’’ by striking everything after

20 ‘‘Tijuana Rivers,’’ and inserting in its place ‘‘or other

21 streams running across or near the boundary, and for tak22 ing emergency actions to protect against health threaten23 ing surface and ground water pollution problems along the

24 United States-Mexico boundary.’’.
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1 (c) FALCON AND AMISTAD DAMS MAINTENANCE

2 FUND.—Section 2 of the Act of June 18, 1954 (68 Stat.

3 255, as amended by the Act of December 23, 1963, 77

4 Stat. 475) is amended to read as follows:

5 ‘‘SEC. 2. (a) A separate fund, known as the Falcon

6 and Amistad Operating and Maintenance Fund (herein7 after referred to as the Maintenance Fund), shall be cre8 ated in the Treasury of the United States. The Mainte9 nance Fund shall be administered by the Administrator

10 of the Western Area Power Administration for use by the

11 Commissioner of the United States Section of the Inter12 national Boundary and Water Commission to defray oper13 ation, maintenance, and emergency costs for the hydro14 electric facilities at the Falcon and Amistad Dams.

15 ‘‘(b) Notwithstanding any other law, and subject to

16 subsection (d), revenues collected in connection with the

17 disposition of electric power generated at the Falcon and

18 Amistad Dams shall be credited to the Maintenance Fund

19 and shall be available only for defraying operation, mainte20 nance, and emergency costs for the hydroelectric facilities

21 at the dams.

22 ‘‘(c) The authority of subsection (b) may be exercised

23 only to such extent or in such amounts as are provided

24 in advance in an appropriation Act.
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1 ‘‘(d) All moneys received from the Government of

2 Mexico for any energy which might be delivered to that

3 Government by the United States Section of the Inter4 national Boundary and Water Commission pursuant to

5 any special agreement concluded in accordance with article

6 19 of the said treaty shall be credited to the general fund

7 of the Treasury of the United States.’’.

8 SEC. 154. UNITED STATES MEMBERSHIP IN THE ASIAN

9 PACIFIC ECONOMIC COOPERATION ORGANI10 ZATION.

11 (a) UNITED STATES MEMBERSHIP.—The President

12 is authorized to maintain membership of the United States

13 in the Asian-Pacific Economic Cooperation (APEC).

14 (b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For

15 fiscal year 1994 and for each fiscal year thereafter, the

16 United States assessed contributions to APEC may be

17 paid from funds appropriated for ‘‘Contributions to Inter18 national Organizations’’.

19 PART F—MISCELLANEOUS PROVISIONS

20 SEC. 161. PUBLISHING INTERNATIONAL AGREEMENTS.

21 Section 112a of title 1 of the United States Code is

22 amended—

23 (1) by inserting ‘‘(a)’’ immediately before ‘‘The

24 Secretary of State’’; and
30

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1 (2) by adding at the end thereof the following

2 new subsections:

3 ‘‘(b) The Secretary of State may determine that pub4 lication of certain categories of agreements is not required,

5 provided that the following criteria are met:

6 ‘‘(1) such agreements are not treaties which

7 have been brought into force for the United States

8 after having received Senate advice and consent pur9 suant to section 2(2) of Article II of the Constitu10 tion of the United States;

11 ‘‘(2) the public interest in such agreements is

12 insufficient to justify their publication, in that (i) as

13 of the date of enactment of this legislation, the

14 agreements are no longer in force, (ii) the agree15 ments do not create private rights or duties, nor es16 tablish standards intended to govern government ac17 tion in the treatment of private individuals; (iii) in

18 view of the limited or specialized nature of the public

19 interest in such agreements, such interest can ade20 quately be satisfied by an alternative means; or (iv)

21 the public disclosure of the text of the agreement

22 would, in the opinion of the President, be prejudicial

23 to the national security of the United States; and

24 ‘‘(3) copies of such agreements (other than

25 those in subsection (2)(b)(iv)), including certified
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1 copies where necessary for litigation or similar pur2 poses, can be made available by the Department of

3 State upon reasonable request.

4 ‘‘(c) Any determination pursuant to subsection (b)

5 shall be published in the Federal Register.’’.

6 SEC. 162. MIGRATION AND REFUGEE AMENDMENTS.

7 (a) The Migration and Refugee Assistance Act of

8 1962 (Public Law 87–510) is amended—

9 (1) in section 2(a) and 2(b)(1) by replacing

10 ‘‘the Intergovernmental Committee for European

11 Migration’’ with ‘‘the International Organization for

12 Migration’’, and ‘‘the Committee’’ with ‘‘the Organi13 zation’’, and in section 2(a) by adding, after ‘‘Octo14 ber 19, 1953’’ the phrase ‘‘, as amended in Geneva,

15 Switzerland, on May 20, 1987’’;

16 (2) in section 2(c)(2) by striking

17 ‘‘$50,000,000’’ and inserting in its place

18 ‘‘$80,000,000’’; and

19 (3) in section 3(a) by adding a new subsection

20 (3) as follows: ‘‘(3) to retain the proceeds derived

21 from the disposition of properties acquired pursuant

22 to this Act, which proceeds shall be credited to the

23 Migration and Refugee Assistance Account (or any

24 successor account), and shall be available for obliga25 tion or expenditure without fiscal year limitations.’’.
32

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1 (b) Section 745 of Public Law 100–204 is repealed.

2 TITLE II—DEPARTMENT OF

3 STATE ORGANIZATION

4 SEC. 201. ORGANIZING PRINCIPLES.

5 (a) FINDINGS.—The Congress finds that—

6 (1) The organization of the Department of

7 State should, to the maximum extent possible, re8 flect the primary responsibility of the Secretary of

9 State under the President for the conduct of the Na10 tion’s foreign relations; and

11 (2) As a consequence, unless compelling consid12 erations so require, statutory authorities should be

13 vested in the Secretary, rather than in officials sub14 ordinate to him.

15 (b) REPROGRAMMING.—In recognition of the appro16 priate oversight role of the Congress, the Department of

17 State shall notify the Congress, in accordance with rel18 evant reprogramming procedures, of its intention to abol19 ish or create units at the bureau level or above.

20 (c) SAVINGS CLAUSE.—Existing statutes and regula21 tions with respect to organizations and officials whose sta22 tus is modified in this title shall remain in effect until Ex23 ecutive orders, regulations, and Departmental directives

24 necessary to implement this title have become effective.
33

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1 SEC. 202. UNDER SECRETARY AND ASSISTANT SECRETARY

2 POSITIONS.

3 (a) NUMBER AND NAMES OF UNDER SECRETARIES

4 AND ASSISTANT SECRETARIES.—Section 1 of the Act of

5 May 26, 1949, as amended (22 U.S.C. 2652), is further

6 amended—

7 (1) in the title by striking everything after

8 ‘‘Deputy Secretary of State;’’ and inserting in its

9 place ‘‘Under Secretaries of State; Assistant Sec10 retaries of State.’’; and

11 (2) in the text by striking everything after

12 ‘‘Deputy Secretary of State and inserting in its place

13 ‘‘up to five Under Secretaries of State, and up to

14 twenty four Assistant Secretaries of State.’’.

15 (b) CONFORMING AMENDMENTS.—

16 (1) Section 115(a) of the Foreign Relations Au17 thorization Act, Fiscal Year 1979 (22 U.S.C. 2652a)

18 is repealed.

19 (2) Section 9(a) of Public Law 93–126, as

20 amended (22 U.S.C. 2655a) is repealed.

21 (3) Section 122(a) of the Foreign Relations Au22 thorization Act, Fiscal Years 1992 and 1993 (22

23 U.S.C. 2652b) is repealed.

24 (4) Section 5314 of title 5, United States Code,

25 is amended by striking—
34

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1 ‘‘Under Secretary of State for Political Affairs

2 and Under Secretary of State for Economic and Ag3 ricultural Affairs and an Under Secretary of State

4 for Coordinating Security Assistance Programs and

5 Under Secretary of State for Management.

6 ‘‘Counselor of the Department of State.’’

7 and inserting in its place:

8 ‘‘Under Secretaries of State (5).’’.

9 (5) Section 5315 of title 5, United States Code,

10 is amended—

11 (A) by striking ‘‘Assistant Secretary for

12 International Narcotics Matters, Department of

13 State.’’, ‘‘Assistant Secretary for South Asian

14 Affairs, Department of State.’’, and ‘‘Assistant

15 Secretary for Oceans and International Envi16 ronmental and Scientific Affairs, Department of

17 State.’’;

18 (B) by striking ‘‘(15)’’ where it appears

19 after ‘‘Assistant Secretaries of State’’, and in20 serting in its place ‘‘(24)’’; and

21 (C) by inserting ‘‘Counselor of the Depart22 ment of State.’’.

23 (6) The Foreign Assistance Authorization Act

24 of 1961, as amended, is further amended—
35

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1 (A) in section 116(c) (22 U.S.C. 2151n),

2 by striking ‘‘Assistant Secretary for Human

3 Rights and Humanitarian Affairs’’ and insert4 ing in its place ‘‘Secretary of State’’;

5 (B) in sections 502B(b) (22 U.S.C.

6 2304(b)), 502B(c)(1) (22 U.S.C. 2304(c)), and

7 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by

8 striking ‘‘, prepared with the Assistance of the

9 Assistant Secretary of State for Human Rights

10 and Humanitarian Affairs,’’ wherever it ap11 pears;

12 (C) in section 573—

13 (i) in subsection 573(c) by striking

14 ‘‘The Assistant Secretary of State for

15 Human Rights and Humanitarian Affairs’’

16 and inserting in its place ‘‘The Secretary

17 of State’’; and

18 (ii) in subsection 573(d)(3) by strik19 ing ‘‘by employees of the Bureau of Diplo20 matic Security’’.

21 (D) in section 624(f)(1) (22 U.S.C.

22 2384(f)(1)) by repealing all of section

23 624(f)(1);

24 (E) in section 624(f)(2) by striking ‘‘(2)

25 The Assistant Secretary of State for Human
36

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1 Rights and Humanitarian Affairs’’ and insert2 ing in its place ‘‘The Secretary of State’’; and

3 (F) in section 624(f)(2)(C) by striking

4 ‘‘the Secretary of State and’’ and ‘‘Assistant’’.

5 (7) The Arms Export Control Act is amended

6 in section 5(d)(1) (22 U.S.C. 2755(d)(1)) by strik7 ing ‘‘Assistant Secretary of State for Human Rights

8 and Humanitarian Affairs’’ and inserting in its place

9 ‘‘Secretary of State’’.

10 (8) The Diplomatic Security Act is further

11 amended—

12 (A) in section 102(b) (22 U.S.C. 4801(b))

13 by striking paragraph (b)(2) and renumbering

14 paragraphs (3) through (6) as (2) through (5)

15 respectively;

16 (B) in subsection 103(a)—

17 (i) by inserting ‘‘(1)’’ before ‘‘The

18 Secretary of State’’ and redesignating

19 paragraphs (1) through (4) as (A) through

20 (D) respectively; and

21 (ii) by inserting at the end the follow22 ing new paragraph:

23 ‘‘(2) Security responsibilities of the Secretary

24 include but are not limited to the following:’’;
37

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1 ‘‘(A) FORMER OFFICE OF SECURITY FUNC2 TIONS.—Functions and responsibilities exer3 cised by the Office of Security, Department of

4 State, before November 1, 1985.

5 ‘‘(B) SECURITY AND PROTECTIVE OPER6 ATIONS.—

7 ‘‘(i) Establishment and operations of

8 post security and protective functions

9 abroad.

10 ‘‘(ii) Development and implementation

11 of communications, computer, and infor12 mation security.

13 ‘‘(iii) Emergency planning.

14 ‘‘(iv) Establishment and operations of

15 local guard services abroad.

16 ‘‘(v) Supervision of the United States

17 Marine Corps security guard program.

18 ‘‘(vi) Liaison with American overseas

19 private sector security interests.

20 ‘‘(vii) Protection of foreign missions

21 and international organizations, foreign of22 ficials, and diplomatic personnel in the

23 United States, as authorized by law.
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1 ‘‘(viii) Protection of the Secretary of

2 State and other persons designated by the

3 Secretary of State, as authorized by law.

4 ‘‘(ix) Physical protection of Depart5 ment of State facilities, communications,

6 and computer information systems in the

7 United States.

8 ‘‘(x) Conduct of investigations relating

9 to protection of foreign officials and diplo10 matic personnel and foreign missions in

11 the United States, suitability for employ12 ment, employee security, illegal passport

13 and visa issuance or use, and other inves14 tigations, as authorized by law.

15 ‘‘(xi) Carrying out the rewards pro16 gram for information concerning inter17 national terrorism authorized by section

18 36(a) of the State Department Basic Au19 thorities Act of 1956.

20 ‘‘(xii) Performance of other security,

21 investigative, and protective matters as au22 thorized by law.’’;

23 (C) by repealing section 104;

24 (D) in section 105 by deleting the title and

25 text through subsection 105(3) and by redesig-
39

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1 nating subsections 105(4) through 105(8) as

2 subsections 103(a)(2)(C) through 103(a)(2)(G).

3 (E) in section 107, by striking ‘‘The Chief

4 of Protocol of the Department of State shall

5 consult with the Assistant Secretary of Diplo6 matic Security’’ and inserting in its place ‘‘The

7 Secretary of State shall take into account secu8 rity considerations’’;

9 (F) in section 201 by striking the title pre10 ceding that section and the entire section and

11 inserting in its place the following:

12 ‘‘TITLE II—PERSONNEL

13 ‘‘SEC. 201. DIPLOMATIC SECURITY SERVICE.

14 ‘‘The Secretary of State may establish a Diplomatic

15 Security Service, which shall perform such functions as

16 may be assigned to it by the Secretary of State.’’;

17 (G) in section 202—

18 (i) by striking ‘‘The’’ in the first sen19 tence and inserting in its place ‘‘Any

20 such’’;

21 (ii) by striking ‘‘shall’’ wherever it ap22 pears and inserting in its place ‘‘should’’;

23 and

24 (iii) by striking the last sentence;

25 (H) in section 203—
40

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1 (i) by striking the title and inserting

2 in its place ‘‘SPECIAL AGENTS’’;

3 (ii) in the first sentence by striking

4 ‘‘Positions in the Diplomatic Security Serv5 ice’’ and inserting in its place ‘‘Special

6 agent positions’’; and

7 (iii) in the last sentence by striking

8 ‘‘In the case of positions designated for

9 special agents, the’’ and inserting in its

10 place ‘‘The’’; and

11 (I) in section 402(a)(2) by striking ‘‘As12 sistant Secretary for Diplomatic Security’’ and

13 inserting in its place ‘‘Secretary of State’’.

14 (9) The Immigration and Nationality Act is

15 further amended—

16 (A) in section 101(a)(1) (8 U.S.C.

17 1101(a)(1)) by striking ‘‘Assistant Secretary of

18 State for Consular Affairs’’ and inserting in its

19 place ‘‘official designated by the Secretary of

20 State pursuant to section 104(b) of this Act’’.

21 (B) in section 104 (8 U.S.C. 1104)—

22 (i) in the title by striking ‘‘; Bureau

23 of Consular Affairs’’;
41

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1 (ii) in subsection (a), by striking ‘‘the

2 Bureau of Consular Affairs’’ and inserting

3 in its place ‘‘the administrator’’;

4 (iii) by striking subsection (b) and in5 serting in its place the following:

6 ‘‘(b) The Secretary of State shall designate an admin7 istrator who shall be a citizen of the United States, quali8 fied by experience. The administrator shall maintain close

9 liaison with the appropriate committees of Congress in

10 order that they may be advised regarding the administra11 tion of this Act by consular officers. The administrator

12 shall be charged with any and all responsibility and au13 thority in the administration of this Act which are con14 ferred on the Secretary of State as may be delegated to

15 the administrator by the Secretary of State or which may

16 be prescribed by the Secretary of State, and shall perform

17 such other duties as the Secretary of State may pre18 scribe.’’;

19 (iv) in subsection (c), by striking ‘‘Bu20 reau’’ and inserting in its place ‘‘Depart21 ment of State’’; and

22 (v) in subsection (d), by placing a pe23 riod after ‘‘respectively’’ and deleting the

24 remainder of the subsection.
42

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1 (C) in section 105 (8 U.S.C. 1105) by

2 striking ‘‘Assistant Secretary of State for Con3 sular Affairs’’ and inserting in its place ‘‘ad4 ministrator’’ in both sentences.

5 SEC. 203. ENVOY TO THE AFGHAN RESISTANCE.

6 Section 306 of the Department of State Appropria7 tions Act, 1989 (Public Law 100–459) is repealed.

8 SEC. 204. BURDENSHARING.

9 Section 8125(c) of the Department of Defense Appro10 priations Act, Fiscal Year 1989 (Public Law 100–463) is

11 repealed.

12 SEC. 205. COORDINATOR FOR INTERNATIONAL COMMU13 NICATIONS AND INFORMATION POLICY.

14 Section 35 of the State Department Basic Authorities

15 Act of 1956 (22 U.S.C. 2707) is amended—

16 (1) in subsection (a) by striking the parenthet17 ical phrase; and

18 (2) in subsection (b)—

19 (A) by striking everything after ‘‘(b)’’ and

20 before ‘‘(1)’’ and inserting in its place the fol21 lowing: ‘‘The Secretary of State shall be respon22 sible for formulation, coordination, and over23 sight of international communications and in24 formation policy. The Secretary of State

25 shall—’’;
43

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1 (B) by renumbering clauses (1) through

2 (7) as (2) through (8) respectively;

3 (C) by inserting a new clause (1) as fol4 lows: ‘‘exercise primary authority for the con5 duct of foreign policy with respect to tele6 communications, including the determination of

7 United States positions and the conduct of

8 United States participation in bilateral and

9 multilateral negotiations with foreign govern10 ments and in international bodies;’’

11 (D) in renumbered clause (2), by striking

12 ‘‘with the bureaus and offices of the Depart13 ment of State and’’, and inserting before the

14 semicolon ‘‘and with the Federal Communica15 tions Commission, as appropriate’’; and

16 (E) in renumbered clause (4), by striking

17 ‘‘the Senior Interagency Group on International

18 Communications and Information Policy’’ and

19 inserting in its place ‘‘any senior interagency

20 policy-making group on international tele21 communications and information policy’’.

22 SEC. 206. REFUGEE AFFAIRS.

23 (a) AMENDMENTS TO THE REFUGEE ACT.—The Ref24 ugee Act of 1980 (Public Law 96–212) is amended—
44

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1 (1) in the heading for title III by striking

2 ‘‘United States Coordinator for Refugee Affairs

3 and’’;

4 (2) in the heading for Part A, by striking such

5 heading;

6 (3) by repealing section 301 (8 U.S.C. 1525);

7 and

8 (4) by striking the heading for Part B.

9 (b) AMENDMENTS TO THE MIGRATION AND REFU10 GEE ASSISTANCE ACT.—Section 5 of the Migration and

11 Refugee Assistance Act (22 U.S.C. 2605) is amended—

12 (1) in subsection (a) by striking ‘‘and’’ at the

13 end of paragraph (6), striking the period at the end

14 of paragraph (7) and replacing it with ‘‘; and’’, and

15 adding the following new paragraph at the end:

16 ‘‘(8) administrative expenses of the bureau

17 charged with carrying out this Act.’’; and

18 (2) by adding the following new subsection (c)

19 at the end:

20 ‘‘(c) For purposes of this section the ‘‘purposes of

21 this Act’’ include population-related activities.’’.

22 (c) AMENDMENTS TO THE IMMIGRATION AND NA23 TIONALITY ACT.—

24 (1) Section 411 of the Immigration and Nation25 ality Act (8 U.S.C. 1521) is amended by striking
45

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1 ‘‘and under the general policy guidance of the Unit2 ed States Coordinator for Refugee Affairs (herein3 after in this chapter referred to as the ‘‘Coordina4 tor’’)’’ and inserting in its place ‘‘the Secretary of

5 State’’;

6 (2) Section 412 of the Immigration and Nation7 ality Act (8 U.S.C. 1522) is amended—

8 (A) in subsection (a)(2)(A), by striking ‘‘,

9 together with the Coordinator,’’;

10 (B) in subsections (b)(3) and (b)(4), by

11 striking ‘‘in consultation with the Coordina12 tor,’’;

13 (C) in subsection (e)(7)(C), by striking ‘‘,

14 in consultation with the United States Coordi15 nator for Refugee Affairs,’’; and

16 (3) Section 413(a) of the Immigration and Na17 tionality Act (8 U.S.C. 1523) is amended by striking

18 ‘‘, in consultation with the Coordinator,’’;

19 SEC. 207. OFFICE OF FOREIGN MISSIONS.

20 Title II of the State Department Basic Authorities

21 Act (22 U.S.C. 4301 et seq.), is amended—

22 (a) in section 202 by striking paragraph (a)(3)

23 and renumbering subparagraphs (4) through (8) as

24 (3) through (7);

25 (b) in section 203—
46

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1 (1) by striking the heading immediately

2 preceding that section and replacing it with

3 ‘‘AUTHORITIES OF THE SECRETARY OF

4 STATE’’;

5 (2) by striking subsections (a) and (b);

6 (3) in subsection (c)—

7 (A) by striking ‘‘(c) The Secretary

8 may authorize the Director to’’ and insert9 ing in its place ‘‘The Secretary is author10 ized to’’;

11 (B) by striking ‘‘and’’ at the end of

12 paragraph (3);

13 (C) by striking the period at the end

14 of paragraph (4) and replacing it with ‘‘;’’;

15 and

16 (D) by redesignating paragraphs (1)

17 through (4) as (a) through (d);

18 (E) redesignating newly designated

19 paragraph (d) as (e); and

20 (F) adding the following new para21 graph (d):

22 ‘‘(d) designate an office within the Department

23 of State to carry out the purposes of this Act. In the

24 event such an office is established, the President

25 may appoint, by and with the advice and consent of
47

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1 the Senate, a Director, with the rank of ambassador.

2 Furthermore, of the Director and the next most sen3 ior person in the office, one should be an individual

4 who has served in the United States Foreign Service

5 while the other should be an individual who has

6 served in the United States Intelligence Community;

7 and’’.

8 (c) in section 204—

9 (1) in paragraphs (a), (b) and (c) by strik10 ing ‘‘Director’’ wherever it appears and insert11 ing in its place ‘‘Secretary’’; and

12 (2) in paragraph (d) by striking ‘‘the Di13 rector or any other’’ and inserting in its place

14 ‘‘any’’;

15 (d) in section 204A by striking ‘‘Director’’

16 wherever it appears and inserting in its place ‘‘Sec17 retary’’;

18 (e) in section 205—

19 (1) in paragraph (a) by striking ‘‘Direc20 tor’’ and inserting in its place ‘‘Secretary’’; and

21 (2) in subparagraph (c)(2) by striking ‘‘au22 thorize the Director to’’;

23 (f) in section 208—

24 (1) in paragraph (d) by striking ‘‘Direc25 tor’’ and inserting in its place ‘‘Secretary’’;
48

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1 (2) in paragraphs (c), (e), and (f) by strik2 ing ‘‘Office of Foreign Missions’’ wherever it

3 appears and inserting in its place ‘‘Department

4 of State’’; and

5 (3) in subparagraph (h)(2) by striking

6 ‘‘Director or the’’.

7 SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.

8 Section 208 of the Foreign Service Act of 1980 (22

9 U.S.C. 3928) is amended to read as follows:

10 ‘‘SEC. 208. DIRECTOR GENERAL OF THE FOREIGN

11 SERVICE.—The President may appoint, by and with the

12 advice and consent of the Senate, a Director General of

13 the Foreign Service, who should be a career member of

14 the Senior Foreign Service. Such an individual should as15 sist the Secretary of State in the management of the Serv16 ice and perform such functions as the Secretary of State

17 may prescribe.’’.
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1 TITLE III—TORTURE AND TER2 RORISM OFFENSES AND

3 SANCTIONS

4 SEC. 301. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

5 THE SUPPRESSION OF UNLAWFUL ACTS OF

6 VIOLENCE AT AIRPORTS SERVING INTER7 NATIONAL CIVIL AVIATION.

8 (a) OFFENSE.—Chapter 2 title 18, United States

9 Code, is amended by adding at the end the following new

10 section:

11 ‘‘SEC. 36. VIOLENCE AT INTERNATIONAL AIRPORTS.

12 ‘‘(a) Whoever unlawfully and intentionally, using any

13 device, substance or weapon—

14 ‘‘(1) performs an act of violence against a per15 son at an airport serving international civil aviation

16 which causes or is likely to cause serious injury or

17 death; or

18 ‘‘(2) destroys or seriously damages the facilities

19 of an airport serving international civil aviation or a

20 civil aircraft not in service located thereon or dis21 rupts the services of the airport, if such an act en22 dangers or is likely to endanger safety at the air23 port, or attempts to do such an act, shall be fined

24 under this title, imprisoned not more than 20 years,

25 or both, and if the death of any person results from
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1 conduct prohibited by this subsection, shall be pun2 ished by death or imprisoned for any term of years

3 or for life.

4 ‘‘(b) There is jurisdiction over the activity prohibited

5 in subsection (a) if—

6 ‘‘(1) the prohibited activity takes place in the

7 United States; or

8 ‘‘(2) the prohibited activity takes place outside

9 the United States and the offender is later found in

10 the United States.’’.

11 (b) TECHNICAL AMENDMENT.—The chapter analysis

12 for chapter 2 of title 18, United States Code, is amended

13 by adding at the end the following new item:

‘‘36. Violence at international airports.’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on the later of—

16 (1) the date of enactment of this Act; or

17 (2) the date on which the Protocol for the Sup18 pression of Unlawful Acts of Violence at Airports

19 Serving International Civil Aviation, Supplementary

20 to the Convention for the Suppression of Unlawful

21 Acts Against the Safety of Civil Aviation, done at

22 Montreal on 23 September 1971, has come into

23 force and the United States has become a party to

24 the Protocol.
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1 SEC. 302. AMENDMENT TO THE FEDERAL AVIATION ACT.

2 Section 902(n) of the Federal Aviation Act of 1958

3 (49 U.S.C. App. 1472(n)) is amended—

4 (1) by striking paragraph (3); and

5 (2) by redesignating paragraph (4) as para6 graph (3).

7 SEC. 303. OFFENSES OF VIOLENCE AGAINST MARITIME

8 NAVIGATION OR FIXED PLATFORMS.

9 (a) OFFENSE.—Chapter 111 of title 18, United

10 States Code, is amended by adding at the end the follow11 ing new sections:

12 ‘‘SEC. 2280. VIOLENCE AGAINST MARITIME NAVIGATION.

13 ‘‘(a) OFFENSE.—Whoever unlawfully and inten14 tionally—

15 ‘‘(1) seizes or exercises control over a ship by

16 force or threat thereof or any other form of intimi17 dation;

18 ‘‘(2) performs an act of violence against a per19 son on board a ship if that act is likely to endanger

20 the safe navigation of that ship;

21 ‘‘(3) destroys a ship or causes damage to a ship

22 or to its cargo which is likely to endanger the safe

23 navigation of that ship;

24 ‘‘(4) places or causes to be placed on a ship, by

25 any means whatsoever, a device or substance which

26 is likely to destroy that ship, or cause damage to
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1 that ship or its cargo which endangers or is likely

2 to endanger the safe navigation of that ship;

3 ‘‘(5) destroys or seriously damages maritime

4 navigational facilities or seriously interferes with

5 their operation, if such act is likely to endanger the

6 safe navigation of a ship;

7 ‘‘(6) communicates information, knowing the

8 information to be false and under circumstances in

9 which such information may reasonably be believed,

10 thereby endangering the safe navigation of a ship;

11 ‘‘(7) injures or kills any person in connection

12 with the commission or the attempted commission of

13 an offense described in paragraph (1), (2), (3), (4),

14 (5), or (6); or

15 ‘‘(8) attempts to commit any act prohibited

16 under paragraph (1), (2) , (3), (4), (5), (6), or (7),

17 shall be fined under this title, imprisoned not more

18 than 20 years, or both, and if the death of any per19 son results from conduct prohibited by this sub20 section, shall be punished by death or imprisoned for

21 any term of years or for life.

22 ‘‘(b) THREATENED OFFENSE.—Whoever threatens to

23 commit any act prohibited under subsection (a) (2), (3),

24 or (5), with apparent determination and will to carry the

25 threat into execution, if the threatened act is likely to en-
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1 danger the safe navigation of the ship in question, shall

2 be fined under this title, imprisoned not more than 5

3 years, or both.

4 ‘‘(c) JURISDICTION.—There is jurisdiction over the

5 activity prohibited in subsection (a) and (b)—

6 ‘‘(1) in the case of a covered ship, if—

7 ‘‘(A) such activity is committed—

8 ‘‘(i) against or on board a ship flying

9 the flag of the United States at the time

10 the prohibited activity is committed;

11 ‘‘(ii) in the United States; or

12 ‘‘(iii) by a national of the United

13 States or by a stateless person whose ha14 bitual residence is in the United States;

15 ‘‘(B) during the commission of such activ16 ity, a national of the United States is seized,

17 threatened, injured, or killed; or

18 ‘‘(C) the offender is later found in the

19 United States after such activity is committed;

20 ‘‘(2) in the case of a ship navigating or sched21 uled to navigate solely within the territorial sea or

22 internal waters of a country other than the United

23 States, if the offender is later found in the United

24 States after such activity is committed; and
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1 ‘‘(3) in the case of any vessel, if such activity

2 is committed in an attempt to compel the United

3 States to do or abstain from doing any act.

4 ‘‘(d) DELIVERY OF PROBABLE OFFENDER.—The

5 master of a covered ship flying the flag of the United

6 States who has reasonable grounds to believe that he or

7 she has on board the ship any person who has committed

8 an offense under Article 3 of the Convention for the Sup9 pression of Unlawful Acts Against the Safety of Maritime

10 Navigation may deliver such person to the authorities of

11 a State Party to that Convention. Before delivering such

12 person to the authorities of another country, the master

13 shall notify in an appropriate manner the Attorney Gen14 eral of the United States of the alleged offense and await

15 instructions from the Attorney General as to what action

16 the master should take. When delivering the person to a

17 country which is a State Party to the Convention, the mas18 ter shall, whenever practicable, and if possible before en19 tering the territorial sea of such country, notify the au20 thorities of such country of his or her intention to deliver

21 such person and the reason therefor. If the master delivers

22 such person, the master shall furnish the authorities of

23 such country with the evidence in the master’s possession

24 that pertains to the alleged offense.

25 ‘‘(e) DEFINITIONS.—As used in this section—
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1 ‘‘(1) ‘ship’ means a vessel of any type whatso2 ever not permanently attached to the seabed, includ3 ing dynamically supported craft, submersibles or any

4 other floating craft, but does not include a warship,

5 a ship owned or operated by a government when

6 being used as a naval auxiliary or for customs or po7 lice purposes, or a ship that has been withdrawn

8 from navigation or laid up;

9 ‘‘(2) ‘covered ship’ means a ship that is navi10 gating or is scheduled to navigate into, through, or

11 from waters beyond the outer limit of the territorial

12 sea of a single country or a lateral limit of that

13 country’s territorial sea with an adjacent country;

14 ‘‘(3) ‘national of the United States’ has the

15 meaning stated in section 101(a)(22) of the Immi16 gration and Nationality Act (8 U.S.C. 1101(a)(22));

17 ‘‘(4) ‘territorial sea of the United States’ means

18 all waters extending seaward to 12 nautical miles

19 from the baselines of the United States determined

20 in accordance with international law; and

21 ‘‘(5) ‘United States’, when used in a geographi22 cal sense, includes the Commonwealth of Puerto

23 Rico, the Commonwealth of the Northern Marianas

24 Islands, and all territories and possessions of the

25 United States.
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1 ‘‘SEC. 2281. VIOLENCE AGAINST MARITIME FIXED PLAT2 FORMS.

3 ‘‘(a) OFFENSE.—Whoever unlawfully and inten4 tionally—

5 ‘‘(1) seizes or exercises control over a fixed

6 platform by force or threat thereof or any other

7 form of intimidation;

8 ‘‘(2) performs an act of violence against a per9 son on board a fixed platform if that act is likely to

10 endanger its safety;

11 ‘‘(3) destroys a fixed platform or causes dam12 age to it which is likely to endanger its safety;

13 ‘‘(4) places or causes to be placed on a fixed

14 platform, by any means whatsoever, a device or sub15 stance that is likely to destroy the fixed platform or

16 likely to endanger its safety;

17 ‘‘(5) injures or kills any person in connection

18 with the commission or attempted commission of an

19 offense described in paragraph (1), (2), (3), or (4);

20 or

21 ‘‘(6) attempts to do anything prohibited under

22 paragraphs (1), (2), (3), (4), or (5); shall be fined

23 under this title, imprisoned not more than 20 years,

24 or both, and if death results to any person from con25 duct prohibited by this subsection, shall be punished
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1 by death or imprisoned for any term of years or for

2 life.

3 ‘‘(b) THREATENED OFFENSE.—Whoever threatens to

4 do any thing prohibited under subsection (a) (2) or (3),

5 with apparent determination and will to carry the threat

6 into execution, if the threatened act is likely to endanger

7 the safety of the fixed platform, shall be fined under this

8 title or imprisoned not more than 5 years, or both.

9 ‘‘(c) JURISDICTION.—There is jurisdiction over the

10 activity prohibited in subsections (a) and (b) if—

11 ‘‘(1) such activity is committed against or on

12 board a fixed platform—

13 ‘‘(A) that is located on the continental

14 shelf of the United States;

15 ‘‘(B) that is located on the continental

16 shelf of another country, by a national of the

17 United States or by a stateless person whose

18 habitual residence is in the United States; or

19 ‘‘(C) in an attempt to compel the United

20 States to do or abstain from doing any act;

21 ‘‘(2) during the commission of such activity

22 against or on board a fixed platform located on a

23 continental shelf, a national of the United States is

24 seized, threatened, injured or killed; or
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1 ‘‘(3) such activity is committed against or on

2 board a fixed platform located outside the United

3 States and beyond the continental shelf of the Unit4 ed States and the offender is later found in the

5 United States.

6 ‘‘(d) DEFINITIONS.—As used in this section—

7 ‘‘(1) ‘continental shelf’ means the seabed and

8 subsoil of the submarine areas that extend beyond a

9 country’s territorial sea to the limits provided by

10 customary international law as reflected in Article

11 76 of the 1982 Convention on the Law of the Sea;

12 ‘‘(2) ‘fixed platform’ means an artificial island,

13 installation or structure permanently attached to the

14 seabed for the purpose of exploration or exploitation

15 of resources or for other economic purposes;

16 ‘‘(3) ‘national of the United States’ has the

17 meaning stated in section 101(a)(22) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(a)(22));

19 ‘‘(4) ‘territorial sea of the United States’ means

20 all waters extending seaward to 12 nautical miles

21 from the baselines of the United States determined

22 in accordance with international law; and

23 ‘‘(5) ‘United States’, when used in a geographi24 cal sense, includes the Commonwealth of Puerto

25 Rico, the Commonwealth of the Northern Marianas
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1 Islands, and all territories and possessions of the

2 United States.’’.

3 (b) TECHNICAL AMENDMENT.—The chapter analysis

4 for chapter 111 of title 18, United States code, is amended

5 by adding at the end the following new items:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

6 (c) EFFECTIVE DATES.—The amendments made by

7 this section shall take effect on the later of—

8 (1) the date of enactment of this Act; or

9 (2)(A) in the case of section 2280 of title 18,

10 United States Code, the date on which the Conven11 tion for the Suppression of Unlawful Acts Against

12 the Safety of Maritime Navigation has come into

13 force and the United States has become party to

14 that Convention; and

15 (B) in the case of section 2281 of title 18,

16 United States Code, the date on which the Protocol

17 for the Suppression of Unlawful Acts Against the

18 Safety of Fixed Platforms Located on the Continen19 tal Shelf has become into force and the United

20 States has become a party to that Protocol.

21 SEC. 304. TORTURE CONVENTION IMPLEMENTATION.

22 (a) IN GENERAL.—Part I of title 18, United States

23 Code, is amended by inserting after chapter 113A the fol24 lowing new chapter:
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‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

1 ‘‘SEC. 2340. DEFINITIONS.

2 ‘‘As used in this chapter—

3 ‘‘(1) ‘torture’ means an act committed by a per4 son acting under the color of law specifically in5 tended to inflict severe physical or mental pain or

6 suffering (other than pain or suffering incidental to

7 lawful sanctions) upon another person with custody

8 or physical control;

9 ‘‘(2) ‘severe mental pain or suffering’ means

10 the prolonged mental harm caused by or resulting

11 from—

12 ‘‘(A) the intentional infliction or threat13 ened infliction of severe physical pain or suffer14 ing;

15 ‘‘(B) the administration or application, or

16 threatened administration or application, of

17 mind-altering substances or other procedures

18 calculated to disrupt profoundly the senses or

19 the personality;

20 ‘‘(C) the threat of imminent death; or

21 ‘‘(D) the threat that another person will

22 imminently be subjected to death, severe phys-
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1 ical pain or suffering, or the administration or

2 application of mind-altering substances or other

3 procedures calculated to disrupt profoundly the

4 senses or personality; and

5 ‘‘(3) ‘United States’ includes all areas under

6 the jurisdiction of the United States including any

7 of the places described in sections 5 and 7 of this

8 title and section 101(38) of the Federal Aviation Act

9 of 1958 (49 U.S.C. App. 1301(38)).

10 ‘‘SEC. 2340A. TORTURE.

11 ‘‘(a) OFFENSE.—Whoever outside the United States

12 commits or attempts to commit torture shall be fined

13 under this title or imprisoned not more than 20 years, or

14 both, and if death results to any person from conduct pro15 hibited by this subsection, shall be imprisoned for any

16 term of years or for life.

17 ‘‘(b) JURISDICTION.—There is jurisdiction over the

18 activity prohibited in subsection (a) if—

19 ‘‘(1) the alleged offender is a national of the

20 United States; or

21 ‘‘(2) the alleged offender is present in the

22 United States, irrespective of the nationality of the

23 victim or alleged offender.
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1 ‘‘SEC. 2340B. EXCLUSIVE REMEDIES.

2 ‘‘Nothing in this chapter shall be construed as pre3 cluding the application of State or local laws on the same

4 subject, nor shall anything in this chapter be construed

5 as creating any substantive or procedural right enforceable

6 by law by any party in any civil proceeding.’’.

7 (b) TECHNICAL AMENDMENT.—The part analysis for

8 part I of title 18, United States Code, is amended by in9 serting after the item relating to chapter 113A the follow10 ing new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall take effect on the later of—

13 (1) the date of enactment of this Act; or

14 (2) the date on which the United States has be15 come a party to the Convention Against Torture and

16 Other Cruel, Inhuman or Degrading Treatment or

17 Punishment.

18 SEC. 305. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

19 (a) OFFENSE.—Chapter 113A of title 18, United

20 States Code, is amended by adding at the end the follow21 ing new section:

22 ‘‘SEC. 2339. PROVIDING MATERIAL SUPPORT TO TERROR23 ISTS.

24 ‘‘Whoever, within the United States, provides mate25 rial support or resources or conceals or disguises the na-
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1 ture, location, source, or ownership of material support or

2 resources, knowing or intending that they are to be used

3 in preparation for, or in carrying out, a violation of section

4 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,

5 1751, 2280, 2281, 2332, or 2339A of this title or section

6 902(i) of the Federal Aviation Act of 1958 (49 U.S.C.

7 App. 1472(i)), or in preparation for, or carrying out, the

8 concealment or an escape from the commission of any of

9 the foregoing, shall be fined under this title, imprisoned

10 not more than 10 years, or both. For purposes of this sec11 tion, material support or resources includes currency or

12 other financial securities, financial services, lodging, train13 ing, safehouses, false documentation or identification,

14 communications equipment, facilities, weapons, lethal sub15 stances, explosives, personnel, transportation, and other

16 physical assets, but does not include humanitarian assist17 ance to persons not directly involved in such violations.’’.

18 (b) TECHNICAL AMENDMENT.—The chapter analysis

19 for chapter 113A of title 18, United States Code, as

20 amended by section 601(b)(1), is amended by adding at

21 the end the following new item:

‘‘2339. Providing material support to terrorists’’.
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1 SEC. 306. EXTENSION OF THE STATUTE OF LIMITATIONS

2 FOR CERTAIN TERRORISM OFFENSES.

3 (a) IN GENERAL.—Chapter 213 of title 18, United

4 States Code, is amended by inserting after section 3285

5 the following new section:

6 ‘‘SEC. 3286. EXTENSION OF STATUTE OF LIMITATIONS FOR

7 CERTAIN TERRORISM OFFENSES.

8 ‘‘Notwithstanding section 3282, no person shall be

9 prosecuted, tried, or punished for any offense involving a

10 violation of section 32, 36, 112, 351, 1116, 1203, 1361,

11 1751, 2280, 2281, 2332, 2339A, or 2340A of this title

12 or section 902 (i), (j), (k), (l), or (n) of the Federal Avia13 tion Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l),

14 and (n)), unless the indictment is found or the information

15 is instituted within 10 years next after such offense shall

16 have been committed.’’.

17 (b) TECHNICAL AMENDMENT.—The chapter analysis

18 for chapter 213 of title 18, United States Code, is amend19 ed by inserting after the item relating to section 3285 the

20 following new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

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