[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6060 Enrolled Bill (ENR)]
H.R.6060
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To authorize certain activities by the Department of State, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
State Authorities Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Fraud prevention and detection account.
Sec. 3. Education allowances.
Sec. 4. Interference with protective functions.
Sec. 5. Persons excused from payment of fees for execution and issuance
of passports.
Sec. 6. Authority to administratively amend surcharges.
Sec. 7. Extension of privileges and immunities.
Sec. 8. Removal of contracting prohibition.
Sec. 9. Personal services contracting.
Sec. 10. Proliferation interdiction support.
Sec. 11. Safeguarding and elimination of conventional arms.
Sec. 12. Imposition of sanctions to deter the transfer of MANPADS.
Sec. 13. Additional authorities.
SEC. 2. FRAUD PREVENTION AND DETECTION ACCOUNT.
Section 286(v)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(A)) is amended--
(1) in clause (i), by inserting ``or primarily'' after
``exclusively''; and
(2) by amending clause (ii) to read as follows:
``(ii) otherwise to prevent and detect visa fraud,
including primarily fraud by applicants for visas described
in subparagraph (H)(i), (H)(ii), or (L) of section
101(a)(15), in cooperation with the Secretary of Homeland
Security or pursuant to the terms of a memorandum of
understanding or other agreement between the Secretary of
State and the Secretary of Homeland Security; and''.
SEC. 3. EDUCATION ALLOWANCES.
Section 5924(4) of title 5, United States Code, is amended--
(1) in the first sentence of subparagraph (A), by inserting
``United States'' after ``nearest'';
(2) by amending subparagraph (B) to read as follows:
``(B) The travel expenses of dependents of an employee to
and from a secondary or post-secondary educational institution,
not to exceed one annual trip each way for each dependent,
except that an allowance payment under subparagraph (A) may not
be made for a dependent during the 12 months following the
arrival of the dependent at the selected educational
institution under authority contained in this subparagraph.'';
and
(3) by adding at the end the following:
``(D) Allowances provided pursuant to subparagraphs (A) and
(B) may include, at the election of the employee, payment or
reimbursement of the costs incurred to store baggage for the
employee's dependent at or in the vicinity of the dependent's
school during one trip per year by the dependent between the
school and the employee's duty station, except that such
payment or reimbursement may not exceed the cost that the
Government would incur to transport the baggage in connection
with the trip, and such payment or reimbursement shall be in
lieu of transportation of the baggage.''.
SEC. 4. INTERFERENCE WITH PROTECTIVE FUNCTIONS.
(a) Offense.--Chapter 7 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 118. Interference with certain protective functions
``Any person who knowingly and willfully obstructs, resists, or
interferes with a Federal law enforcement agent engaged, within the
United States or the special maritime territorial jurisdiction of the
United States, in the performance of the protective functions
authorized under section 37 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709) or section 103 of the Diplomatic Security
Act (22 U.S.C. 4802) shall be fined under this title, imprisoned not
more than 1 year, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``118. Interference with certain protective functions.''.
SEC. 5. PERSONS EXCUSED FROM PAYMENT OF FEES FOR EXECUTION AND ISSUANCE
OF PASSPORTS.
Section 1(a) of the Act of June 4, 1920 (22 U.S.C. 214(a)) is
amended--
(1) by striking ``or from a widow'' and inserting ``from a
widow''; and
(2) by inserting ``; or from an individual or individuals
abroad, returning to the United States, when the Secretary
determines that foregoing the collection of such fee is justified
for humanitarian reasons or for law enforcement purposes'' after
``such member'' the second place it appears.
SEC. 6. AUTHORITY TO ADMINISTRATIVELY AMEND SURCHARGES.
(a) In General.--Beginning in fiscal year 2007 and thereafter, the
Secretary of State is authorized to amend administratively the amounts
of the surcharges related to consular services in support of enhanced
border security (provided for in the last paragraph under the heading
``diplomatic and consular programs'' under title IV of division B of
the Consolidated Appropriations Act, 2005 (Public Law 108-447)) that
are in addition to the passport and immigrant visa fees in effect on
January 1, 2004.
(b) Requirements.--In carrying out subsection (a) and the provision
of law described in such subsection, the Secretary shall meet the
following requirements:
(1) The amounts of the surcharges shall be reasonably related
to the costs of providing services in connection with the activity
or item for which the surcharges are charged.
(2) The aggregate amount of surcharges collected may not exceed
the aggregate amount obligated and expended for the costs related
to consular services in support of enhanced border security
incurred in connection with the activity or item for which the
surcharges are charged.
(3) A surcharge may not be collected except to the extent the
surcharge will be obligated and expended to pay the costs related
to consular services in support of enhanced border security
incurred in connection with the activity or item for which the
surcharge is charged.
(4) A surcharge shall be available for obligation and
expenditure only to pay the costs related to consular services in
support of enhanced border security incurred in providing services
in connection with the activity or item for which the surcharge is
charged.
SEC. 7. EXTENSION OF PRIVILEGES AND IMMUNITIES.
(a) The African Union.--Section 12 of the International
Organizations Immunities Act (22 U.S.C. 288f-2) is amended--
(1) by inserting ``(a)'' before ``The provisions''; and
(2) by adding at the end the following:
``(b) Under such terms and conditions as the President shall
determine, consistent with the purposes of this title, the President is
authorized to extend, or enter into an agreement to extend, to the
African Union Mission to the United States of America, and to its
members, the privileges and immunities enjoyed by diplomatic missions
accredited to the United States, and by members of such missions,
subject to corresponding conditions and obligations.''.
(b) The Holy See.--Under such terms and conditions as the President
shall determine, the President is authorized to extend, or to enter
into an agreement to extend, to the Permanent Observer Mission of the
Holy See to the United Nations in New York, and to its members, the
privileges and immunities enjoyed by the diplomatic missions of member
states to the United Nations, and their members, subject to
corresponding conditions and obligations.
SEC. 8. REMOVAL OF CONTRACTING PROHIBITION.
Section 406 of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4856) is amended by striking subsection (c).
SEC. 9. PERSONAL SERVICES CONTRACTING.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note) is amended--
(1) in subsection (a), by striking ``broadcasters, producers,
and writers'' and inserting ``broadcasters and other broadcasting
specialists''; and
(2) in subsection (c), by striking ``December 31, 2006'' and
inserting ``December 31, 2007''.
SEC. 10. PROLIFERATION INTERDICTION SUPPORT.
(a) Assistance.--Consistent with section 583 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-2), as amended by subsection
(c), the President is authorized to provide assistance to friendly
foreign countries for proliferation detection and interdiction
activities and for developing complementary capabilities.
(b) Report on Existing Proliferation Detection and Interdiction
Assistance.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on proliferation and interdiction assistance.
(2) Content.--The report required under paragraph (1) shall--
(A) specify in detail, including program cost, on a
country-by-country basis, the assistance being provided by the
Department of State to train and equip personnel in friendly
foreign countries in the detection and interdiction of
proliferation-related shipments of weapons of mass destruction,
related materials and means of delivery, and dual-use items of
proliferation concern; and
(B) specify, on an agency-by-agency basis, funding that is
being transferred by the Department of State to other executive
agencies to carry out such programs.
(c) Interdiction Assistance Amendments.--Section 583 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-2) is amended--
(1) in subsection (a)--
(A) by striking ``should ensure that'' and inserting
``shall ensure that, beginning in fiscal year 2007,'';
(B) by striking ``expended'' and inserting ``obligated'';
and
(C) by striking ``that originate from, and are destined
for, other countries'' and inserting ``to non-state actors and
states of proliferation concern''; and
(2) by adding at the end the following new subsections:
``(c) Cooperative Agreements.--In order to promote cooperation
regarding the interdiction of weapons of mass destruction and related
materials and delivery systems, the President is authorized to conclude
agreements, including reciprocal maritime agreements, with other
countries to facilitate effective measures to prevent the
transportation of such items to non-state actors and states of
proliferation concern.
``(d) Determination and Notice to Congress.--The Secretary of State
shall notify the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate in
writing not more than 30 days after making a determination that any
friendly country has been determined to be a country eligible for
priority consideration of any assistance under subsection (a). Such
determination shall set forth the reasons for such determination, and
may be submitted in classified and unclassified form, as necessary.''.
SEC. 11. SAFEGUARDING AND ELIMINATION OF CONVENTIONAL ARMS.
(a) In General.--The Secretary of State is authorized to secure,
remove, or eliminate stocks of man-portable air defense systems
(MANPADS), small arms and light weapons, stockpiled munitions,
abandoned ordnance, and other conventional weapons, including tactical
missile systems (hereafter in this section referred to as ``MANPADS and
other conventional weapons''), as well as related equipment and
facilities, located outside the United States that are determined by
the Secretary to pose a proliferation threat.
(b) Elements.--The activities authorized under subsection (a) may
include the following:
(1) Humanitarian demining activities.
(2) The elimination or securing of MANPADS.
(3) The elimination or securing of other conventional weapons.
(4) Assistance to countries in the safe handling and proper
storage of MANPADS and other conventional weapons.
(5) Cooperative programs with the North Atlantic Treaty
Organization and other international organizations to assist
countries in the safe handling and proper storage or elimination of
MANPADS and other conventional weapons.
(6) The utilization of funds for the elimination or
safeguarding of MANPADS and other conventional weapons.
(7) Activities to secure and safeguard MANPADS and other
conventional weapons.
(8) Actions to ensure that equipment and funds, including
security upgrades at locations for the storage or disposition of
MANPADS and other conventional weapons and related equipment that
are determined by the Secretary of State to pose a proliferation
threat, continue to be used for authorized purposes.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authorities of the Secretary of Defense.
SEC. 12. IMPOSITION OF SANCTIONS TO DETER THE TRANSFER OF MANPADS.
(a) Statement of Policy.--Congress declares that it should be the
policy of the United States to hold foreign governments accountable for
knowingly transferring MANPADS to state-sponsors of terrorism or
terrorist organizations.
(b) Determination Relating to Sanctions.--
(1) In general.--If the President determines that a foreign
government knowingly transfers MANPADS to a foreign government
described in paragraph (2) or a terrorist organization, the
President shall--
(A) submit forthwith to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report containing such
determination; and
(B) impose forthwith on the transferring foreign government
the sanctions described in subsection (c).
(2) Foreign government described.--A foreign government
described in this paragraph is a foreign government that the
Secretary of State has determined, for purposes of section 6(j) of
the Export Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control Act,
or any other provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(c) Sanctions Described.--The sanctions referred to in subsection
(b)(1)(B) are the following:
(1) Termination of United States Government assistance to the
transferring foreign government under the Foreign Assistance Act of
1961, except that such termination shall not apply in the case of
humanitarian assistance.
(2) Termination of United States Government--
(A) sales to the transferring foreign government of any
defense articles, defense services, or design and construction
services; and
(B) licenses for the export to the transferring foreign
government of any item on the United States Munitions List.
(3) Termination of all foreign military financing for the
transferring foreign government.
(d) Waiver.--Notwithstanding any other provision of law, sanctions
shall not be imposed on a transferring foreign government under this
section if the President determines and certifies in writing to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate that the
furnishing of the assistance, sales, licensing, or financing that would
otherwise be suspended as a result of the imposition of such sanctions
is important to the national security interests of the United States.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 47(3) of the Arms Export Control
Act.
(2) Defense service.--The term ``defense service'' has the
meaning given the term in section 47(4) of the Arms Export Control
Act.
(3) Design and construction services.--The term ``design and
construction services'' has the meaning given the term in section
47(8) of the Arms Export Control Act.
(4) Foreign government.--The term ``foreign government''
includes any agency or instrumentality of a foreign government.
(5) Manpads.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; or
(B) any other surface-to-air missile system designed to be
operated and fired by more than one individual acting as a crew
and portable by several individuals.
SEC. 13. ADDITIONAL AUTHORITIES.
(a) War Reserves Stockpile.--
(1) Department of defense appropriations act, 2005.--Section
12001 of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011), is amended--
(A) in subsection (a)(2)(D), by striking ``as of the date
of enactment of this Act,''; and
(B) in subsection (d), by striking ``2'' and inserting
``4''.
(2) Foreign assistance act of 1961.--Section 514(b)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended--
(A) in subparagraph (A)--
(i) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(ii) by striking ``2004 and 2005'' and inserting ``2007
and 2008''; and
(B) in subparagraph (B), by striking ``$100,000,000'' and
inserting ``$200,000,000''.
(3) Effective date.--The amendment made by paragraph (1)(B)
takes effect on August 5, 2006.
(b) Extension of Authority to Provide Loan Guarantees.--Chapter 5
of title I of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11), is amended in the item relating to ``Loan
Guarantees to Israel''--
(1) in the matter preceding the first proviso, by striking
``September 30, 2007'' and inserting ``September 30, 2011''; and
(2) in the second proviso, by striking ``September 30, 2007''
and inserting ``September 30, 2011''
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.