118 STAT. 2921 PUBLIC LAW 108–447—DEC. 8, 2004 safe, secure United States diplomatic facilities, without offsets, on the basis of the total overseas presence of each agency as determined annually by the Secretary of State in consulta tion with such agency. Amounts advanced by such agencies to the Department of State shall be credited to the Embassy Security, Construction and Maintenance account, and remain available until expended. ‘‘(2) IMPLEMENTATION.—Implementation of this subsection shall be carried out in a manner that encourages right sizing of each agency’s overseas presence. ‘‘(3) EXCLUSION.—For purposes of this subsection ‘agency’ does not include the Marine Security Guard.’’. SEC. 630. (a) Except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act; 113 Stat. 1501A–453), as added by section 629 of this Act. (b) Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the Marine Corps. SEC. 631. It is the sense of the Congress that the Secretary of State, at the most immediate opportunity, should— (1) make a determination as to whether recent events in the Darfur region of Sudan constitute genocide as defined in the Convention on the Prevention and Punishment of the Crime of Genocide; and (2) support the investigation and prosecution of war crimes and crimes against humanity committed in the Darfur region of Sudan. SEC. 632. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. SEC. 633. (a) Section 111(b) of Public Law 102–395 (21 U.S.C. 886a) is amended— (1) by redesignating paragraphs (1) through (5) as subpara graphs (A) through (E), and indenting accordingly; (2) in subparagraph (B), as redesignated, by striking ‘‘pro gram.’’ and inserting ‘‘program. Such reimbursements shall be made without distinguishing between expenses related to con trolled substance activities and expenses related to chemical activities.’’; (3) by striking ‘‘There is established’’ and inserting the following: ‘‘(1) IN GENERAL.—There is established’’; and (4) by adding at the end the following: ‘‘(2) DEFINITIONS.—In this section: ‘‘(A) DIVERSION CONTROL PROGRAM.—The term ‘diver sion control program’ means the controlled substance and chemical diversion control activities of the Drug Enforce ment Administration.
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