[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1099 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
TITLE I--THE DEPARTMENT OF STATE
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
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.
TITLE I--DEPARTMENT OF STATE
PART A--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following are authorized to be appropriated for the Department
of State under ``Administration of Foreign Affairs'' to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States and for other purposes
authorized by law, including the diplomatic security program:
(1) Salaries and expenses.--For ``Salaries and Expenses'',
of the Department of State $2,174,000,000 for the fiscal year
1994 and $2,191,854,000 for the fiscal year 1995.
(2) Acquisition and maintenance of buildings abroad.--For
``Acquisition and Maintenance of Buildings Abroad'',
$420,000,000 for the fiscal year 1994 and $432,119,000 for the
fiscal year 1995.
(3) Representation allowances.--For ``Representation
Allowances'', $4,881,000 for the fiscal year 1994 and
$4,853,000 for the fiscal year 1995.
(4) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service,
$8,000,000 for the fiscal year 1994 and $8,208,000 for the
fiscal year 1995.
(5) Office of the inspector general.--For ``Office of the
Inspector General'', $24,055,000 for the fiscal year 1994 and
$24,834,000 for the fiscal year 1995.
(6) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,484,000
for the fiscal year 1994 and $15,395,000 for the fiscal year
1995.
(7) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,814,000
for the fiscal year 1994 and $11,095,000 for the fiscal year
1995.
(8) Repatriation loans.--For ``Repatriation Loans'',
$193,000 for the fiscal year 1994 and $198,000 for the fiscal
year 1995, for administrative expenses.
SEC. 102. INTERNATIONAL ORGANIZATIONS AND CONFERENCES.
(a) Assessed Contributions to International Organizations.--There
are authorized to be appropriated for ``Contributions to International
Organizations'', $865,885,000 for the fiscal year 1994 and
$1,000,053,000 for the fiscal year 1995 for the Department of State to
carry out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with respect to
international organizations and to carry out other authorities in law
consistent with such purposes.
(b) Contributions for International Peacekeeping Activities.--There
are authorized to be appropriated for ``Contributions for International
Peacekeeping Activities'', $597,744,000 for the fiscal year 1994 and
$478,000,000 for the fiscal year 1995 for the Department of State to
carry out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with respect to
international peacekeeping activities and to carry out other
authorities in law consistent with such purposes.
(c) International Conferences and Contingencies.--In addition to
funds otherwise authorized to be appropriated for these purposes, there
are authorized to be appropriated for ``International Conferences and
Contingencies'', $6,600,000 for the fiscal year 1994 and $6,743,000 for
the fiscal year 1995 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
conferences and contingencies and to carry out other authorities in law
consistent with such purposes.
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' for the fiscal
year 1994, $11,330,000, and for the fiscal year 1995,
$11,767,000; and
(B) for ``Construction'' for the fiscal year 1994
$14,790,000, and for the fiscal year 1995, $15,198,000.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $760,000 for the fiscal year 1994 and $784,000
for the fiscal year 1995.
(3) International joint commission.--For ``International
Joint Commission'', $3,643,000 for the fiscal year 1994 and
$3,759,000 for the fiscal year 1995.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,200,000 for the
fiscal year 1994 and $14,569,000 for the fiscal year 1995.
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for ``Migration and Refugee Assistance'' for authorized
activities, $640,688,000 for the fiscal year 1994 and $640,688,000 for
the fiscal year 1995.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
SEC. 105. OTHER PROGRAMS.
The following amounts are authorized to be appropriated for the
Department of State to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) United states bilateral science and technology
agreements.--For ``United States Bilateral Science and
Technology Agreements'', $4,500,000 for the fiscal year 1994
and $4,617,000 for the fiscal year 1995.
(2) Asia foundation.--For ``Asia Foundation'', $16,693,000
for the fiscal year 1994 and $17,127,000 for the fiscal year
1995.
SEC. 106. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated in this Act may be obligated or
expended by the Department of State for contracts with any foreign or
United States firm that complies with the Arab League Boycott of the
State of Israel or with any foreign or United States firm the
discriminates in the award of subcontracts on the basis of religion.
(b) Exception.--The Secretary of State may waive this provision on
a country-by-country basis upon certification to the Congress by the
Secretary that such waiver is in the national interest and is necessary
to carry on the diplomatic functions of the United States.
PART B--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SEC. 111. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.
Section 4 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2671) is amended in subsection (c)--
(1) by striking ``and the Foreign Service''; and
(2) by striking ``confidential''.
SEC. 112. TRANSFERS AND REPROGRAMMINGS.
(a) Amendments to Section 24 of the State Department Basic
Authorities Act.--Section 24 of the State Department Basis Authorities
Act (22 U.S.C. 2696) is amended--
(1) in subsection (b)(7) by striking paragraph (E);
(2) in subsection (d)(1) by striking ``, for the second
fiscal year of any two-year authorization cycle may be
appropriated for such second fiscal year'' and inserting in its
place ``for a given fiscal year may be appropriated for such
year'';
(3) in subsection (d)(2) by striking ``5 percent'' and ``10
percent'' and inserting in their places ``10 percent'' and ``35
percent'' respectively;
(4) by striking subsection (d)(4);
(5) by inserting the following new subsection (f):
``(f)(1) Subject to paragraphs (2), (3), and (4), funds
appropriated for the Department of State in the Department of State
Appropriations Act for any fiscal year may be transferred to any other
appropriations account.
``(2) Neither the ``Salaries and Expenses'' account nor the
``Acquisition and Maintenance of Buildings Abroad'' account may be
increased by a transfer under this subsection by more than 10 percent
of the amount specifically appropriated for each account. No other
appropriations account may be increased by a transfer under this
subsection by more than 35 percent of the amount specifically
appropriated for such account, except that this limitation shall not
apply to transfers to the ``Emergencies in the Consular and Diplomatic
Service'' appropriation necessary for evacuations.
``(3) Any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 34 and shall be available for
obligation or expenditure only in accordance with the requirements of
that section, except that the 15-day period under that section shall
apply only insofar as consistent with the emergency nature of the
situation in cases where the safety of human life is involved.
Notification required in section 34 shall also be provided to the
Appropriations Committees of both Houses of Congress.''.
(b) Diplomatic Construction Program.--Section 401 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851) is
amended--
(1) by striking subsections (c) and (h)(3); and
(2) by renumbering subsections (d) through (h) as (c)
through (g) respectively.
(c) Amendment to Section 34 of the State Department Basic
Authorities Act.--Section 34 of the State Department Basic Authorities
Act (22 U.S.C. 2706) is amended by adding the following new subsection
(c):
``(c) In an emergency situation, the 15-day period under subsection
(a) and the requirements of subsection (b) shall apply only insofar as
consistent with the emergency nature of the situation in cases where
the safety of human life is involved.''
SEC. 113. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
Section 38 of the State Department Basic Authorities Act is amended
by adding the following new subsections (c) and (d) at the end:
``(c) Procurement of Services.--The Secretary of State may use
competitive procedures or procedures other than competitive procedures
to procure the services of experts for use in preparing or prosecuting
a proceeding before an international tribunal or a claim by or against
a foreign government or other foreign entity, whether or not the expert
is expected to testify, or to procure other support services for such
proceedings or claims. The Secretary need not provide any written
justification for the use of procedures other than competitive
procedures when procuring such services under this chapter and need not
furnish for publication in the Commerce Business Daily or otherwise any
notice of solicitation or synopsis with respect to such procurement.
``(d) International Litigation Fund.--(1) Establishment.--In order
to provide the Department of State with a dependable, flexible and
adequate source of funding for its expenses related to preparing or
prosecuting a proceeding before an international tribunal, or a claim
by or against a foreign government or other foreign entity, there is
established an International Litigation Fund (ILF). The ILF shall be
available without fiscal year limitation. Funds otherwise available for
such purposes may be credited to the ILF.
``(2) Reprogramming Procedures.--Except for the transfers of funds
authorized in paragraph (3), funds credited to the ILF shall be treated
as a reprogramming of funds under section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be
available for obligation or expenditure except in compliance with the
procedures applicable to such reprogramming.
``(3) Transfers of Funds.--Funds received by the Department of
State from another agency of the United States Government or pursuant
to the second paragraph of section 2661 of title 22, United States
Code, to meet costs of preparing or prosecuting a proceeding before an
international tribunal, or a claim by or against a foreign government
or other foreign entity, shall be credited to the ILF.
``(4) Use of Funds.--Funds deposited in the ILF shall be available
only for the purposes set forth in paragraph (1).''.
SEC. 114. CHILDCARE FACILITIES AT CERTAIN POSTS ABROAD.
Section 31 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2703) is amended in subsection (e) by striking ``for the
fiscal years 1992 and 1993,''.
SEC. 115. TECHNICAL CORRECTION.
Section 2 of the State Department Basic Authorities Act of 1956 is
amended by striking ``(l)'' from the subparagraph which reads:
``(l) pay obligations arising under international
agreements, conventions, and binational contracts to the extent
otherwise authorized by law.''
and replacing it with ``(m)''.
SEC. 116. ROLE OF THE FOREIGN SERVICE INSTITUTE.
Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is
amended by adding at the end the following new subsection:
``(d) Special professional foreign affairs training and instruction
may be provided at the Institute for employees of foreign governments
on a reimbursable basis. Reimbursement may come from a foreign
government or another United States Government agency for such training
and instruction. All of the authorities of section 704 are applicable
to training provided under this section. Training should be made
available in the first instance to persons from newly emerging
democratic nations, and then for other nations as deemed to be in the
United States national interest.''.
SEC. 117. REPORTING REQUIREMENT ON AMERICAN PRISONERS ABROAD.
Section 108 of the Foreign Relations Authorization Act, Fiscal Year
1978 (Public Law 95-105) is repealed.
SEC. 118. PERSONS AUTHORIZED TO ISSUE PASSPORTS ABROAD.
Section 211a of title 22 of the United States Code (44 Stat. 887)
is amended by striking ``by diplomatic representatives of the United
States, and by such consul generals, consuls, or vice consuls when in
charge,'' and inserting in its place ``by diplomatic and consular
officers of the United States, and by such other employees of the
Department of State who are citizens of the United States,''.
SEC. 119. NOTARIAL AUTHORITY.
Section 4221 of title 22 of the United States Code is amended in
the first sentence to insert after ``consular officer'', ``, and any
other employee of the Department of State who is a citizen of the
United States as the Secretary of State may designate pursuant to
regulation,''.
SEC. 120. CONSOLIDATION OF REPORTING REQUIREMENTS ON VISA DENIALS.
(a) Basic Authorities Act.--Section 51 of the State Department
Basic Authorities Act (section 127(a) of Public Law 102-138) is
repealed.
(b) Immigration and Naturalization Act.--Section 212(a)(3)(C)(iv)
of the Immigration and Naturalization Act (8 U.S.C. 1182(a)(3)(C)(iv))
is deleted in its entirety and replaced with the following:
``(iv) Reports to congress.--The Secretary
of State shall report, on a timely basis, to
the chairmen of the Committees on the Judiciary
and Foreign Affairs of the House of
Representatives and of the Committees on the
Judiciary and Foreign Relations of the Senate
each time a consular post denies a visa under
clause (i) or clause (iii). Such report shall
set forth the name and nationality of the alien
who was denied a visa and the factual basis and
reasons for such denial, including the reasons
for any determination under clause (iii).''.
SEC. 121. GRANTS FOR ENVIRONMENTAL ACTIVITIES.
Section 2 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2669) is amended by adding a new subsection (n) as follows:
``(n) make grants, contracts, and otherwise support
activities to conduct research and promote international
cooperation on environmental and other scientific issues.''.
PART C--DIPLOMATIC RECIPROCITY AND SECURITY
SEC. 131. RELOCATION OF PARTICIPANTS IN REWARDS PROGRAMS.
Section 36 of the State Department Basic Authorities Act (22 U.S.C.
2708) is amended in subsection (e)--
(1) by inserting ``(1)'' immediately following ``(e)''; and
(2) by adding the following new paragraph at the end:
``(2)(A) whenever the information which would justify a reward
under subsection (a) is furnished by an alien and the Secretary of
State and the Attorney General jointly determine that the safety of
such alien or members of the alien's immediate family requires the
admission of such alien or aliens to the United States, then such
alien, and the members of the alien's immediate family, if necessary,
may be admitted to the United States for permanent residence, without
regard to the requirements of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
``(B) The total number of aliens admitted to the United States
under subparagraph (A) shall not exceed 25 in any one fiscal year.''.
PART D--PERSONNEL
SEC. 141. RETIREMENT ELIGIBILITY FOR FEDERAL EMPLOYEES TRANSFERRED TO
INTERNATIONAL ORGANIZATIONS.
(a) Amendment to the Federal Insurance Contributions Act.--Section
3121 of title 26, United States Code, is amended by adding the
following new subsection at the end:
``(y) For purposes of this chapter, notwithstanding the provisions
of paragraph (b)(15) of this section, service performed in the employ
of an international organization by an employee of the United States
who is transferred to such organization shall constitute employment in
the employ of the United States, if for purposes of section 3582 of
title 5, United States Code, such employment will enable an individual
who is entitled to the coverage, rights, and benefits of subsection
(a)(1) of section 3582 to retain such coverage, rights, and benefits
during the individual's period of transferred service with the
international organization.''.
(b) Amendment to Self-Employment Income Tax Provisions of the
Internal Revenue Code of 1986.--Section 1402(c)(2)(C) of title 26,
United States Code, is amended to read as follows:
``(C) service described in section 3121(b) (11),
(12), or (15) performed in the United States (as
defined in section 3121(e)(2)) by a citizen of the
United States, except for services described in section
3121(y) that constitute employment in the employ of the
United States,''.
(c) Conforming Amendment to the Social Security Act.--
(1) Section 210 of the Social Security Act (42 U.S.C. 410)
is amended by adding the following new subsection at the end:
``(r) Federal Employees Transferred to International
Organizations.--For purposes of this title, notwithstanding the
provisions of paragraph (a)(15) of this section, service performed in
the employ of an international organization by an employee of the
United States who is transferred to such organization shall constitute
employment in the employ of the United States if, for purposes of
section 3582 of title 5, United States Code, such employment will
enable an individual who is entitled to the coverage, rights, and
benefits of subsection (a)(1) of section 3582 to retain such coverage,
rights, and benefits during the individual's period of transferred
service with the international organization.''.
(2) Section 211(c)(2)(C) of the Social Security Act (42
U.S.C. 411(c)(2)(C)) is amended by adding at the end ``except
for service described in section 210(r) of this title that
constitutes employment in the employ of the United States,''.
SEC. 142. WAIVER OF LIMIT FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY
DAMAGE OR LOSS.
Subsection 3721(b) of title 31 of the United States Code is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding after paragraph (1) the following new
paragraph:
``(2) Upon a determination by the Secretary of State that
exceptional circumstances exist, he or she may waive the dollar limit
imposed under paragraph (1), to the extent warranted by the exceptional
circumstances, but not to exceed $85,000, for claims by United States
Government personnel subject to a chief of mission in a foreign country
for damage or loss caused by a natural disaster or in circumstances
where there is in effect a departure authorized or ordered from that
country under subsection 5522(a) of title 5 of the United States Code.
With respect to such claims by persons under the command of a United
States area military commander, the Secretary of Defense may grant such
a waiver.''.
(3) The amendments made by paragraph (2) shall be deemed to
have become effective as of October 31, 1988, the date of
enactment of Public Law 100-565.
SEC. 143. SALARIES OF CHIEFS OF MISSION.
Section 401(a) of the Foreign Service Act of 1980 (22 U.S.C.
3961(a)) is amended--
(1) by striking ``, exclusive of danger pay,''; and
(2) by striking ``not exceed the annual rate payable for
level I of such Executive Schedule'', and inserting in its
place ``be subject to the limitation on certain payments under
section 5307 of title 5 of the United States Code''.
SEC. 144. ADMINISTRATION OF SENIOR FOREIGN SERVICE PERFORMANCE PAY.
Section 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C.
3965(b)(4)) is amended to read as follows:
``(4) Any award under this section shall be subject to the
limitation on certain payments under section 5307 of title 5 of
the United States Code.''.
SEC. 145. AMENDMENTS TO TITLE 5.
(a) Away-From-Post Education Allowance.--Section 5924(4)(A) of
title V, United States Code, is amended by inserting the following new
sentence after ``title 31.'': ``When travel from school to post is
infeasible, travel may be allowed from the school attended to visit a
designated relative or family friend or to join parents at any
location, with the allowable travel expense not to exceed the cost of
travel between the school and post.''.
(b) Educational Travel for College Students Studying Abroad.--
Section 5924(4)(B) of title 5, United States Code, is amended in the
first sentence by inserting after ``in the United States'', ``(or to
and from a school outside the United States if the dependent is
attending that school for less than one year under a program approved
by the school in the United States in which the dependent is
enrolled)''.
SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL
APPOINTEES.
Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053), as
amended, is further amended by striking all of section 813 and
inserting in its place the following:
``(a) If a participant completes an assignment under section 302(b)
in a position to which he or she was appointed by the President, and if
that individual is not otherwise eligible for retirement, the
participant shall be reassigned within 90 days after the termination of
such assignment and any period of authorized leave.
``(b) If a participant completes an assignment under section 302(b)
in a position to which he or she was appointed by the President, and if
that individual is eligible for retirement and is not reassigned within
90 days after the termination of such assignment and any period of
authorized leave, the participant shall be retired from the Service and
receive retirement benefits in accordance with section 806 or 855, as
appropriate.''.
SEC. 147. AMENDMENTS TO CHAPTER 11 OF THE FOREIGN SERVICE ACT.
(a) Grievance Board Procedures.--Section 1106 of the Foreign
Service Act of 1980 (22 U.S.C. 4136) is amended--
(1) in subsection (1)(A) by inserting ``consisting of a
suspension of 14 days or more'' after ``disciplinary action'';
and
(2) in subsection (8), by striking ``until the Board has
ruled upon the grievance.'' and inserting in its place ``for up
to one year, or until the Board has ruled upon the grievance,
whichever period is shorter. The Board may extend the one-year
limit if it determines that the agency or the Board is
responsible for delaying the resolution of the grievance.''.
(b) Grievance Board Recommendations.--Section 1107 of the Foreign
Service Act of 1980 (22 U.S.C. 4137) is amended by redesignating
subsections (e) through (f) as (f) through (g) and adding the following
new subsection after subsection (d):
``(e) Subsections (b) and (d) are applicable only in cases where
the Board finds that a grievance is meritorious. If the Board does not
find that the grievance is meritorious, but concludes that reformative
action would be in the interest of the Department and the Service, it
may so advise the Department but shall not direct the Department to
take such action.''.
(c) Time Limitation on Requests for Judicial Review.--Section 1110
of the Foreign Service Act of 1980 (22 U.S.C. 4140) is amended by
inserting before the period at the end of the first sentence ``,
provided that the request for judicial review is filed within 180 days
of the final action of the Secretary of the Board''.
PART E--INTERNATIONAL ORGANIZATIONS
SEC. 151. AGREEMENT ON STATE AND LOCAL TAXATION OF FOREIGN EMPLOYEES OF
PUBLIC INTERNATIONAL ORGANIZATIONS.
The President is hereby authorized to bring into force for the
United States the Agreement on State and Local Taxation of Foreign
Employees of Public International Organizations, which was signed by
the United States on April 21, 1992.
SEC. 152. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--For assessed contributions authorized
to be appropriated by section 102 of this Act, the President may
withhold 20 percent of the funds appropriated for the United States
assessed contribution to the United Nations or to any of its
specialized agencies for any calendar year if the Secretary of State
determines that the United Nations or any such agency has failed to
implement or to continue to implement consensus-based decision making
procedures on budgetary matters which assure that sufficient attention
is paid to the views of the United States and other member states who
are major financial contributors to such assessed budgets.
(b) Contributions for Prior Years.--Subject to the availability of
appropriations, payment of assessed contributions for prior years may
be made to the United Nations or any of its specialized agencies
notwithstanding subsection (a) of this section, section 405 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246) and section 143 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93) if the Secretary of
State determines that such payment would further United States
interests in that organization.
SEC. 153. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
(a) Authorization To Receive Payments.--Section 2 of Public Law 88-
300 (22 U.S.C. 277d-18) is amended--
(1) by adding at the end of the section heading the
following: ``; use of payments received'';
(2) by inserting ``(a)'' before ``The United States
Commissioner'';
(3) by striking the period at the end and inserting ``;''
(4) by adding the following new subsections at the end:
``(b) The United States Commissioner is further authorized to
receive payments of money from public or private sources in the United
States or the United Mexican States made for the purpose of sharing in
the cost of replacement of the Bridge of the Americas which crosses the
Rio Grande between El Paso, Texas and Cd. Juarez, Chihuahua. All such
moneys shall, notwithstanding any other provision of law, be credited
to any appropriation to the Commission which is currently available.
Such funds shall be available only for the replacement of the said
Bridge.
``(c) The authority of subsection (b) may be exercised only to such
extent or in such amounts as are provided in advance in an appropriate
Act.''.
(b) Expenditures for Water Pollution Problems.--Title I of the Act
of June 20, 1956 (70 Stat. 302, 22 U.S.C. 277d-12), as amended, is
amended in the fourth undesignated paragraph under the heading
``international boundary and water commission, united states and
mexico'' by striking everything after ``Tijuana Rivers,'' and inserting
in its place ``or other streams running across or near the boundary,
and for taking emergency actions to protect against health threatening
surface and ground water pollution problems along the United States-
Mexico boundary.''.
(c) Falcon and Amistad Dams Maintenance Fund.--Section 2 of the Act
of June 18, 1954 (68 Stat. 255, as amended by the Act of December 23,
1963, 77 Stat. 475) is amended to read as follows:
``Sec. 2. (a) A separate fund, known as the Falcon and Amistad
Operating and Maintenance Fund (hereinafter referred to as the
Maintenance Fund), shall be created in the Treasury of the United
States. The Maintenance Fund shall be administered by the Administrator
of the Western Area Power Administration for use by the Commissioner of
the United States Section of the International Boundary and Water
Commission to defray operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad Dams.
``(b) Notwithstanding any other law, and subject to subsection (d),
revenues collected in connection with the disposition of electric power
generated at the Falcon and Amistad Dams shall be credited to the
Maintenance Fund and shall be available only for defraying operation,
maintenance, and emergency costs for the hydroelectric facilities at
the dams.
``(c) The authority of subsection (b) may be exercised only to such
extent or in such amounts as are provided in advance in an
appropriation Act.
``(d) All moneys received from the Government of Mexico for any
energy which might be delivered to that Government by the United States
Section of the International Boundary and Water Commission pursuant to
any special agreement concluded in accordance with article 19 of the
said treaty shall be credited to the general fund of the Treasury of
the United States.''.
SEC. 154. UNITED STATES MEMBERSHIP IN THE ASIAN PACIFIC ECONOMIC
COOPERATION ORGANIZATION.
(a) United States Membership.--The President is authorized to
maintain membership of the United States in the Asian-Pacific Economic
Cooperation (APEC).
(b) Payment of Assessed Contributions.--For fiscal year 1994 and
for each fiscal year thereafter, the United States assessed
contributions to APEC may be paid from funds appropriated for
``Contributions to International Organizations''.
PART F--MISCELLANEOUS PROVISIONS
SEC. 161. PUBLISHING INTERNATIONAL AGREEMENTS.
Section 112a of title 1 of the United States Code is amended--
(1) by inserting ``(a)'' immediately before ``The Secretary
of State''; and
(2) by adding at the end thereof the following new
subsections:
``(b) The Secretary of State may determine that publication of
certain categories of agreements is not required, provided that the
following criteria are met:
``(1) such agreements are not treaties which have been
brought into force for the United States after having received
Senate advice and consent pursuant to section 2(2) of Article
II of the Constitution of the United States;
``(2) the public interest in such agreements is
insufficient to justify their publication, in that (i) as of
the date of enactment of this legislation, the agreements are
no longer in force, (ii) the agreements do not create private
rights or duties, nor establish standards intended to govern
government action in the treatment of private individuals;
(iii) in view of the limited or specialized nature of the
public interest in such agreements, such interest can
adequately be satisfied by an alternative means; or (iv) the
public disclosure of the text of the agreement would, in the
opinion of the President, be prejudicial to the national
security of the United States; and
``(3) copies of such agreements (other than those in
subsection (2)(b)(iv)), including certified copies where
necessary for litigation or similar purposes, can be made
available by the Department of State upon reasonable request.
``(c) Any determination pursuant to subsection (b) shall be
published in the Federal Register.''.
SEC. 162. MIGRATION AND REFUGEE AMENDMENTS.
(a) The Migration and Refugee Assistance Act of 1962 (Public Law
87-510) is amended--
(1) in section 2(a) and 2(b)(1) by replacing ``the
Intergovernmental Committee for European Migration'' with ``the
International Organization for Migration'', and ``the
Committee'' with ``the Organization'', and in section 2(a) by
adding, after ``October 19, 1953'' the phrase ``, as amended in
Geneva, Switzerland, on May 20, 1987'';
(2) in section 2(c)(2) by striking ``$50,000,000'' and
inserting in its place ``$80,000,000''; and
(3) in section 3(a) by adding a new subsection (3) as
follows: ``(3) to retain the proceeds derived from the
disposition of properties acquired pursuant to this Act, which
proceeds shall be credited to the Migration and Refugee
Assistance Account (or any successor account), and shall be
available for obligation or expenditure without fiscal year
limitations.''.
(b) Section 745 of Public Law 100-204 is repealed.
TITLE II--DEPARTMENT OF STATE ORGANIZATION
SEC. 201. ORGANIZING PRINCIPLES.
(a) Findings.--The Congress finds that--
(1) The organization of the Department of State should, to
the maximum extent possible, reflect the primary responsibility
of the Secretary of State under the President for the conduct
of the Nation's foreign relations; and
(2) As a consequence, unless compelling considerations so
require, statutory authorities should be vested in the
Secretary, rather than in officials subordinate to him.
(b) Reprogramming.--In recognition of the appropriate oversight
role of the Congress, the Department of State shall notify the
Congress, in accordance with relevant reprogramming procedures, of its
intention to abolish or create units at the bureau level or above.
(c) Savings Clause.--Existing statutes and regulations with respect
to organizations and officials whose status is modified in this title
shall remain in effect until Executive orders, regulations, and
Departmental directives necessary to implement this title have become
effective.
SEC. 202. UNDER SECRETARY AND ASSISTANT SECRETARY POSITIONS.
(a) Number and Names of Under Secretaries and Assistant
Secretaries.--Section 1 of the Act of May 26, 1949, as amended (22
U.S.C. 2652), is further amended--
(1) in the title by striking everything after ``Deputy
Secretary of State;'' and inserting in its place ``Under
Secretaries of State; Assistant Secretaries of State.''; and
(2) in the text by striking everything after ``Deputy
Secretary of State and inserting in its place ``up to five
Under Secretaries of State, and up to twenty four Assistant
Secretaries of State.''.
(b) Conforming Amendments.--
(1) Section 115(a) of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2652a) is repealed.
(2) Section 9(a) of Public Law 93-126, as amended (22
U.S.C. 2655a) is repealed.
(3) Section 122(a) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.
(4) Section 5314 of title 5, United States Code, is amended
by striking--
``Under Secretary of State for Political Affairs and Under
Secretary of State for Economic and Agricultural Affairs and an
Under Secretary of State for Coordinating Security Assistance
Programs and Under Secretary of State for Management.
``Counselor of the Department of State.''
and inserting in its place:
``Under Secretaries of State (5).''.
(5) Section 5315 of title 5, United States Code, is
amended--
(A) by striking ``Assistant Secretary for
International Narcotics Matters, Department of
State.'', ``Assistant Secretary for South Asian
Affairs, Department of State.'', and ``Assistant
Secretary for Oceans and International Environmental
and Scientific Affairs, Department of State.'';
(B) by striking ``(15)'' where it appears after
``Assistant Secretaries of State'', and inserting in
its place ``(24)''; and
(C) by inserting ``Counselor of the Department of
State.''.
(6) The Foreign Assistance Authorization Act of 1961, as
amended, is further amended--
(A) in section 116(c) (22 U.S.C. 2151n), by
striking ``Assistant Secretary for Human Rights and
Humanitarian Affairs'' and inserting in its place
``Secretary of State'';
(B) in sections 502B(b) (22 U.S.C. 2304(b)),
502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A) (22
U.S.C. 2314(g)(4)(A)) by striking ``, prepared with the
Assistance of the Assistant Secretary of State for
Human Rights and Humanitarian Affairs,'' wherever it
appears;
(C) in section 573--
(i) in subsection 573(c) by striking ``The
Assistant Secretary of State for Human Rights
and Humanitarian Affairs'' and inserting in its
place ``The Secretary of State''; and
(ii) in subsection 573(d)(3) by striking
``by employees of the Bureau of Diplomatic
Security''.
(D) in section 624(f)(1) (22 U.S.C. 2384(f)(1)) by
repealing all of section 624(f)(1);
(E) in section 624(f)(2) by striking ``(2) The
Assistant Secretary of State for Human Rights and
Humanitarian Affairs'' and inserting in its place ``The
Secretary of State''; and
(F) in section 624(f)(2)(C) by striking ``the
Secretary of State and'' and ``Assistant''.
(7) The Arms Export Control Act is amended in section
5(d)(1) (22 U.S.C. 2755(d)(1)) by striking ``Assistant
Secretary of State for Human Rights and Humanitarian Affairs''
and inserting in its place ``Secretary of State''.
(8) The Diplomatic Security Act is further amended--
(A) in section 102(b) (22 U.S.C. 4801(b)) by
striking paragraph (b)(2) and renumbering paragraphs
(3) through (6) as (2) through (5) respectively;
(B) in subsection 103(a)--
(i) by inserting ``(1)'' before ``The
Secretary of State'' and redesignating
paragraphs (1) through (4) as (A) through (D)
respectively; and
(ii) by inserting at the end the following
new paragraph:
``(2) Security responsibilities of the Secretary include
but are not limited to the following:'';
``(A) Former office of security functions.--
Functions and responsibilities exercised by the Office
of Security, Department of State, before November 1,
1985.
``(B) Security and protective operations.--
``(i) Establishment and operations of post
security and protective functions abroad.
``(ii) Development and implementation of
communications, computer, and information
security.
``(iii) Emergency planning.
``(iv) Establishment and operations of
local guard services abroad.
``(v) Supervision of the United States
Marine Corps security guard program.
``(vi) Liaison with American overseas
private sector security interests.
``(vii) Protection of foreign missions and
international organizations, foreign officials,
and diplomatic personnel in the United States,
as authorized by law.
``(viii) Protection of the Secretary of
State and other persons designated by the
Secretary of State, as authorized by law.
``(ix) Physical protection of Department of
State facilities, communications, and computer
information systems in the United States.
``(x) Conduct of investigations relating to
protection of foreign officials and diplomatic
personnel and foreign missions in the United
States, suitability for employment, employee
security, illegal passport and visa issuance or
use, and other investigations, as authorized by
law.
``(xi) Carrying out the rewards program for
information concerning international terrorism
authorized by section 36(a) of the State
Department Basic Authorities Act of 1956.
``(xii) Performance of other security,
investigative, and protective matters as
authorized by law.'';
(C) by repealing section 104;
(D) in section 105 by deleting the title and text
through subsection 105(3) and by redesignating
subsections 105(4) through 105(8) as subsections
103(a)(2)(C) through 103(a)(2)(G).
(E) in section 107, by striking ``The Chief of
Protocol of the Department of State shall consult with
the Assistant Secretary of Diplomatic Security'' and
inserting in its place ``The Secretary of State shall
take into account security considerations'';
(F) in section 201 by striking the title preceding
that section and the entire section and inserting in
its place the following:
``TITLE II--PERSONNEL
``SEC. 201. DIPLOMATIC SECURITY SERVICE.
``The Secretary of State may establish a Diplomatic Security
Service, which shall perform such functions as may be assigned to it by
the Secretary of State.'';
(G) in section 202--
(i) by striking ``The'' in the first
sentence and inserting in its place ``Any
such'';
(ii) by striking ``shall'' wherever it
appears and inserting in its place ``should'';
and
(iii) by striking the last sentence;
(H) in section 203--
(i) by striking the title and inserting in
its place ``SPECIAL AGENTS'';
(ii) in the first sentence by striking
``Positions in the Diplomatic Security
Service'' and inserting in its place ``Special
agent positions''; and
(iii) in the last sentence by striking ``In
the case of positions designated for special
agents, the'' and inserting in its place
``The''; and
(I) in section 402(a)(2) by striking ``Assistant
Secretary for Diplomatic Security'' and inserting in
its place ``Secretary of State''.
(9) The Immigration and Nationality Act is further
amended--
(A) in section 101(a)(1) (8 U.S.C. 1101(a)(1)) by
striking ``Assistant Secretary of State for Consular
Affairs'' and inserting in its place ``official
designated by the Secretary of State pursuant to
section 104(b) of this Act''.
(B) in section 104 (8 U.S.C. 1104)--
(i) in the title by striking ``; Bureau of
Consular Affairs'';
(ii) in subsection (a), by striking ``the
Bureau of Consular Affairs'' and inserting in
its place ``the administrator'';
(iii) by striking subsection (b) and
inserting in its place the following:
``(b) The Secretary of State shall designate an administrator who
shall be a citizen of the United States, qualified by experience. The
administrator shall maintain close liaison with the appropriate
committees of Congress in order that they may be advised regarding the
administration of this Act by consular officers. The administrator
shall be charged with any and all responsibility and authority in the
administration of this Act which are conferred on the Secretary of
State as may be delegated to the administrator by the Secretary of
State or which may be prescribed by the Secretary of State, and shall
perform such other duties as the Secretary of State may prescribe.'';
(iv) in subsection (c), by striking
``Bureau'' and inserting in its place
``Department of State''; and
(v) in subsection (d), by placing a period
after ``respectively'' and deleting the
remainder of the subsection.
(C) in section 105 (8 U.S.C. 1105) by striking
``Assistant Secretary of State for Consular Affairs''
and inserting in its place ``administrator'' in both
sentences.
SEC. 203. ENVOY TO THE AFGHAN RESISTANCE.
Section 306 of the Department of State Appropriations Act, 1989
(Public Law 100-459) is repealed.
SEC. 204. BURDENSHARING.
Section 8125(c) of the Department of Defense Appropriations Act,
Fiscal Year 1989 (Public Law 100-463) is repealed.
SEC. 205. COORDINATOR FOR INTERNATIONAL COMMUNICATIONS AND INFORMATION
POLICY.
Section 35 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2707) is amended--
(1) in subsection (a) by striking the parenthetical phrase;
and
(2) in subsection (b)--
(A) by striking everything after ``(b)'' and before
``(1)'' and inserting in its place the following: ``The
Secretary of State shall be responsible for
formulation, coordination, and oversight of
international communications and information policy.
The Secretary of State shall--'';
(B) by renumbering clauses (1) through (7) as (2)
through (8) respectively;
(C) by inserting a new clause (1) as follows:
``exercise primary authority for the conduct of foreign
policy with respect to telecommunications, including
the determination of United States positions and the
conduct of United States participation in bilateral and
multilateral negotiations with foreign governments and
in international bodies;''
(D) in renumbered clause (2), by striking ``with
the bureaus and offices of the Department of State
and'', and inserting before the semicolon ``and with
the Federal Communications Commission, as
appropriate''; and
(E) in renumbered clause (4), by striking ``the
Senior Interagency Group on International
Communications and Information Policy'' and inserting
in its place ``any senior interagency policy-making
group on international telecommunications and
information policy''.
SEC. 206. REFUGEE AFFAIRS.
(a) Amendments to the Refugee Act.--The Refugee Act of 1980 (Public
Law 96-212) is amended--
(1) in the heading for title III by striking ``United
States Coordinator for Refugee Affairs and'';
(2) in the heading for Part A, by striking such heading;
(3) by repealing section 301 (8 U.S.C. 1525); and
(4) by striking the heading for Part B.
(b) Amendments to the Migration and Refugee Assistance Act.--
Section 5 of the Migration and Refugee Assistance Act (22 U.S.C. 2605)
is amended--
(1) in subsection (a) by striking ``and'' at the end of
paragraph (6), striking the period at the end of paragraph (7)
and replacing it with ``; and'', and adding the following new
paragraph at the end:
``(8) administrative expenses of the bureau charged with
carrying out this Act.''; and
(2) by adding the following new subsection (c) at the end:
``(c) For purposes of this section the ``purposes of this Act''
include population-related activities.''.
(c) Amendments to the Immigration and Nationality Act.--
(1) Section 411 of the Immigration and Nationality Act (8
U.S.C. 1521) is amended by striking ``and under the general
policy guidance of the United States Coordinator for Refugee
Affairs (hereinafter in this chapter referred to as the
``Coordinator'')'' and inserting in its place ``the Secretary
of State'';
(2) Section 412 of the Immigration and Nationality Act (8
U.S.C. 1522) is amended--
(A) in subsection (a)(2)(A), by striking ``,
together with the Coordinator,'';
(B) in subsections (b)(3) and (b)(4), by striking
``in consultation with the Coordinator,'';
(C) in subsection (e)(7)(C), by striking ``, in
consultation with the United States Coordinator for
Refugee Affairs,''; and
(3) Section 413(a) of the Immigration and Nationality Act
(8 U.S.C. 1523) is amended by striking ``, in consultation with
the Coordinator,'';
SEC. 207. OFFICE OF FOREIGN MISSIONS.
Title II of the State Department Basic Authorities Act (22 U.S.C.
4301 et seq.), is amended--
(a) in section 202 by striking paragraph (a)(3) and
renumbering subparagraphs (4) through (8) as (3) through (7);
(b) in section 203--
(1) by striking the heading immediately preceding
that section and replacing it with ``Authorities of the
Secretary of State'';
(2) by striking subsections (a) and (b);
(3) in subsection (c)--
(A) by striking ``(c) The Secretary may
authorize the Director to'' and inserting in
its place ``The Secretary is authorized to'';
(B) by striking ``and'' at the end of
paragraph (3);
(C) by striking the period at the end of
paragraph (4) and replacing it with ``;''; and
(D) by redesignating paragraphs (1) through
(4) as (a) through (d);
(E) redesignating newly designated
paragraph (d) as (e); and
(F) adding the following new paragraph (d):
``(d) designate an office within the Department of State to
carry out the purposes of this Act. In the event such an office
is established, the President may appoint, by and with the
advice and consent of the Senate, a Director, with the rank of
ambassador. Furthermore, of the Director and the next most
senior person in the office, one should be an individual who
has served in the United States Foreign Service while the other
should be an individual who has served in the United States
Intelligence Community; and''.
(c) in section 204--
(1) in paragraphs (a), (b) and (c) by striking
``Director'' wherever it appears and inserting in its
place ``Secretary''; and
(2) in paragraph (d) by striking ``the Director or
any other'' and inserting in its place ``any'';
(d) in section 204A by striking ``Director'' wherever it
appears and inserting in its place ``Secretary'';
(e) in section 205--
(1) in paragraph (a) by striking ``Director'' and
inserting in its place ``Secretary''; and
(2) in subparagraph (c)(2) by striking ``authorize
the Director to'';
(f) in section 208--
(1) in paragraph (d) by striking ``Director'' and
inserting in its place ``Secretary'';
(2) in paragraphs (c), (e), and (f) by striking
``Office of Foreign Missions'' wherever it appears and
inserting in its place ``Department of State''; and
(3) in subparagraph (h)(2) by striking ``Director
or the''.
SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.
Section 208 of the Foreign Service Act of 1980 (22 U.S.C. 3928) is
amended to read as follows:
``Sec. 208. Director General of the Foreign Service.--The President
may appoint, by and with the advice and consent of the Senate, a
Director General of the Foreign Service, who should be a career member
of the Senior Foreign Service. Such an individual should assist the
Secretary of State in the management of the Service and perform such
functions as the Secretary of State may prescribe.''.
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.
(a) Offense.--Chapter 2 title 18, United States Code, is amended by
adding at the end the following new section:
``SEC. 36. VIOLENCE AT INTERNATIONAL AIRPORTS.
``(a) Whoever unlawfully and intentionally, using any device,
substance or weapon--
``(1) performs an act of violence against a person at an
airport serving international civil aviation which causes or is
likely to cause serious injury or death; or
``(2) destroys or seriously damages the facilities of an
airport serving international civil aviation or a civil
aircraft not in service located thereon or disrupts the
services of the airport, if such an act endangers or is likely
to endanger safety at the airport, or attempts to do such an
act, shall be fined under this title, imprisoned not more than
20 years, or both, and if the death of any person results from
conduct prohibited by this subsection, shall be punished by
death or imprisoned for any term of years or for life.
``(b) There is jurisdiction over the activity prohibited in
subsection (a) if--
``(1) the prohibited activity takes place in the United
States; or
``(2) the prohibited activity takes place outside the
United States and the offender is later found in the United
States.''.
(b) Technical Amendment.--The chapter analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end the
following new item:
``36. Violence at international airports.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the later of--
(1) the date of enactment of this Act; or
(2) the date on which the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving International
Civil Aviation, Supplementary to the Convention for the
Suppression of Unlawful Acts Against the Safety of Civil
Aviation, done at Montreal on 23 September 1971, has come into
force and the United States has become a party to the Protocol.
SEC. 302. AMENDMENT TO THE FEDERAL AVIATION ACT.
Section 902(n) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1472(n)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 303. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED
PLATFORMS.
(a) Offense.--Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new sections:
``SEC. 2280. VIOLENCE AGAINST MARITIME NAVIGATION.
``(a) Offense.--Whoever unlawfully and intentionally--
``(1) seizes or exercises control over a ship by force or
threat thereof or any other form of intimidation;
``(2) performs an act of violence against a person on board
a ship if that act is likely to endanger the safe navigation of
that ship;
``(3) destroys a ship or causes damage to a ship or to its
cargo which is likely to endanger the safe navigation of that
ship;
``(4) places or causes to be placed on a ship, by any means
whatsoever, a device or substance which is likely to destroy
that ship, or cause damage to that ship or its cargo which
endangers or is likely to endanger the safe navigation of that
ship;
``(5) destroys or seriously damages maritime navigational
facilities or seriously interferes with their operation, if
such act is likely to endanger the safe navigation of a ship;
``(6) communicates information, knowing the information to
be false and under circumstances in which such information may
reasonably be believed, thereby endangering the safe navigation
of a ship;
``(7) injures or kills any person in connection with the
commission or the attempted commission of an offense described
in paragraph (1), (2), (3), (4), (5), or (6); or
``(8) attempts to commit any act prohibited under paragraph
(1), (2) , (3), (4), (5), (6), or (7), shall be fined under
this title, imprisoned not more than 20 years, or both, and if
the death of any person results from conduct prohibited by this
subsection, shall be punished by death or imprisoned for any
term of years or for life.
``(b) Threatened Offense.--Whoever threatens to commit any act
prohibited under subsection (a) (2), (3), or (5), with apparent
determination and will to carry the threat into execution, if the
threatened act is likely to endanger the safe navigation of the ship in
question, shall be fined under this title, imprisoned not more than 5
years, or both.
``(c) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsection (a) and (b)--
``(1) in the case of a covered ship, if--
``(A) such activity is committed--
``(i) against or on board a ship flying the
flag of the United States at the time the
prohibited activity is committed;
``(ii) in the United States; or
``(iii) by a national of the United States
or by a stateless person whose habitual
residence is in the United States;
``(B) during the commission of such activity, a
national of the United States is seized, threatened,
injured, or killed; or
``(C) the offender is later found in the United
States after such activity is committed;
``(2) in the case of a ship navigating or scheduled to
navigate solely within the territorial sea or internal waters
of a country other than the United States, if the offender is
later found in the United States after such activity is
committed; and
``(3) in the case of any vessel, if such activity is
committed in an attempt to compel the United States to do or
abstain from doing any act.
``(d) Delivery of Probable Offender.--The master of a covered ship
flying the flag of the United States who has reasonable grounds to
believe that he or she has on board the ship any person who has
committed an offense under Article 3 of the Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime Navigation
may deliver such person to the authorities of a State Party to that
Convention. Before delivering such person to the authorities of another
country, the master shall notify in an appropriate manner the Attorney
General of the United States of the alleged offense and await
instructions from the Attorney General as to what action the master
should take. When delivering the person to a country which is a State
Party to the Convention, the master shall, whenever practicable, and if
possible before entering the territorial sea of such country, notify
the authorities of such country of his or her intention to deliver such
person and the reason therefor. If the master delivers such person, the
master shall furnish the authorities of such country with the evidence
in the master's possession that pertains to the alleged offense.
``(e) Definitions.--As used in this section--
``(1) `ship' means a vessel of any type whatsoever not
permanently attached to the seabed, including dynamically
supported craft, submersibles or any other floating craft, but
does not include a warship, a ship owned or operated by a
government when being used as a naval auxiliary or for customs
or police purposes, or a ship that has been withdrawn from
navigation or laid up;
``(2) `covered ship' means a ship that is navigating or is
scheduled to navigate into, through, or from waters beyond the
outer limit of the territorial sea of a single country or a
lateral limit of that country's territorial sea with an
adjacent country;
``(3) `national of the United States' has the meaning
stated in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22));
``(4) `territorial sea of the United States' means all
waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance with
international law; and
``(5) `United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Marianas Islands, and all territories and
possessions of the United States.
``SEC. 2281. VIOLENCE AGAINST MARITIME FIXED PLATFORMS.
``(a) Offense.--Whoever unlawfully and intentionally--
``(1) seizes or exercises control over a fixed platform by
force or threat thereof or any other form of intimidation;
``(2) performs an act of violence against a person on board
a fixed platform if that act is likely to endanger its safety;
``(3) destroys a fixed platform or causes damage to it
which is likely to endanger its safety;
``(4) places or causes to be placed on a fixed platform, by
any means whatsoever, a device or substance that is likely to
destroy the fixed platform or likely to endanger its safety;
``(5) injures or kills any person in connection with the
commission or attempted commission of an offense described in
paragraph (1), (2), (3), or (4); or
``(6) attempts to do anything prohibited under paragraphs
(1), (2), (3), (4), or (5); shall be fined under this title,
imprisoned not more than 20 years, or both, and if death
results to any person from conduct prohibited by this
subsection, shall be punished by death or imprisoned for any
term of years or for life.
``(b) Threatened Offense.--Whoever threatens to do any thing
prohibited under subsection (a) (2) or (3), with apparent determination
and will to carry the threat into execution, if the threatened act is
likely to endanger the safety of the fixed platform, shall be fined
under this title or imprisoned not more than 5 years, or both.
``(c) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsections (a) and (b) if--
``(1) such activity is committed against or on board a
fixed platform--
``(A) that is located on the continental shelf of
the United States;
``(B) that is located on the continental shelf of
another country, by a national of the United States or
by a stateless person whose habitual residence is in
the United States; or
``(C) in an attempt to compel the United States to
do or abstain from doing any act;
``(2) during the commission of such activity against or on
board a fixed platform located on a continental shelf, a
national of the United States is seized, threatened, injured or
killed; or
``(3) such activity is committed against or on board a
fixed platform located outside the United States and beyond the
continental shelf of the United States and the offender is
later found in the United States.
``(d) Definitions.--As used in this section--
``(1) `continental shelf' means the seabed and subsoil of
the submarine areas that extend beyond a country's territorial
sea to the limits provided by customary international law as
reflected in Article 76 of the 1982 Convention on the Law of
the Sea;
``(2) `fixed platform' means an artificial island,
installation or structure permanently attached to the seabed
for the purpose of exploration or exploitation of resources or
for other economic purposes;
``(3) `national of the United States' has the meaning
stated in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22));
``(4) `territorial sea of the United States' means all
waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance with
international law; and
``(5) `United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Marianas Islands, and all territories and
possessions of the United States.''.
(b) Technical Amendment.--The chapter analysis for chapter 111 of
title 18, United States code, is amended by adding at the end the
following new items:
``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed platforms.''.
(c) Effective Dates.--The amendments made by this section shall
take effect on the later of--
(1) the date of enactment of this Act; or
(2)(A) in the case of section 2280 of title 18, United
States Code, the date on which the Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime
Navigation has come into force and the United States has become
party to that Convention; and
(B) in the case of section 2281 of title 18, United States
Code, the date on which the Protocol for the Suppression of
Unlawful Acts Against the Safety of Fixed Platforms Located on
the Continental Shelf has become into force and the United
States has become a party to that Protocol.
SEC. 304. TORTURE CONVENTION IMPLEMENTATION.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 113A the following new chapter:
``CHAPTER 113B--TORTURE
``Sec.
``2340. Definitions.
``2340A. Torture.
``2340B. Exclusive remedies.
``SEC. 2340. DEFINITIONS.
``As used in this chapter--
``(1) `torture' means an act committed by a person acting
under the color of law specifically intended to inflict severe
physical or mental pain or suffering (other than pain or
suffering incidental to lawful sanctions) upon another person
with custody or physical control;
``(2) `severe mental pain or suffering' means the prolonged
mental harm caused by or resulting from--
``(A) the intentional infliction or threatened
infliction of severe physical pain or suffering;
``(B) the administration or application, or
threatened administration or application, of mind-
altering substances or other procedures calculated to
disrupt profoundly the senses or the personality;
``(C) the threat of imminent death; or
``(D) the threat that another person will
imminently be subjected to death, severe physical pain
or suffering, or the administration or application of
mind-altering substances or other procedures calculated
to disrupt profoundly the senses or personality; and
``(3) `United States' includes all areas under the
jurisdiction of the United States including any of the places
described in sections 5 and 7 of this title and section 101(38)
of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)).
``SEC. 2340A. TORTURE.
``(a) Offense.--Whoever outside the United States commits or
attempts to commit torture shall be fined under this title or
imprisoned not more than 20 years, or both, and if death results to any
person from conduct prohibited by this subsection, shall be imprisoned
for any term of years or for life.
``(b) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsection (a) if--
``(1) the alleged offender is a national of the United
States; or
``(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged
offender.
``SEC. 2340B. EXCLUSIVE REMEDIES.
``Nothing in this chapter shall be construed as precluding the
application of State or local laws on the same subject, nor shall
anything in this chapter be construed as creating any substantive or
procedural right enforceable by law by any party in any civil
proceeding.''.
(b) Technical Amendment.--The part analysis for part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 113A the following new item:
``113B. Torture............................................. 2340.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the later of--
(1) the date of enactment of this Act; or
(2) the date on which the United States has become a party
to the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
SEC. 305. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) Offense.--Chapter 113A of title 18, United States Code, is
amended by adding at the end the following new section:
``SEC. 2339. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
``Whoever, within the United States, provides material support or
resources or conceals or disguises the nature, location, source, or
ownership of material support or resources, knowing or intending that
they are to be used in preparation for, or in carrying out, a violation
of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,
1751, 2280, 2281, 2332, or 2339A of this title or section 902(i) of the
Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i)), or in
preparation for, or carrying out, the concealment or an escape from the
commission of any of the foregoing, shall be fined under this title,
imprisoned not more than 10 years, or both. For purposes of this
section, material support or resources includes currency or other
financial securities, financial services, lodging, training,
safehouses, false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation, and other physical assets, but does not
include humanitarian assistance to persons not directly involved in
such violations.''.
(b) Technical Amendment.--The chapter analysis for chapter 113A of
title 18, United States Code, as amended by section 601(b)(1), is
amended by adding at the end the following new item:
``2339. Providing material support to terrorists''.
SEC. 306. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM
OFFENSES.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by inserting after section 3285 the following new section:
``SEC. 3286. EXTENSION OF STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM
OFFENSES.
``Notwithstanding section 3282, no person shall be prosecuted,
tried, or punished for any offense involving a violation of section 32,
36, 112, 351, 1116, 1203, 1361, 1751, 2280, 2281, 2332, 2339A, or 2340A
of this title or section 902 (i), (j), (k), (l), or (n) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l), and (n)),
unless the indictment is found or the information is instituted within
10 years next after such offense shall have been committed.''.
(b) Technical Amendment.--The chapter analysis for chapter 213 of
title 18, United States Code, is amended by inserting after the item
relating to section 3285 the following new item:
``3286. Extension of statute of limitations for certain terrorism
offenses.''.
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