Text: H.R.4436 — 109th Congress (2005-2006)All Information (Except Text)
Public Law No: 109-140 (12/22/2005)
[109th Congress Public Law 140]
[From the U.S. Government Printing Office]
DEPARTMENT OF STATE AUTHORITIES
[[Page 119 STAT. 2650]]
Public Law 109-140
To provide certain authorities for the Department of State, and for
other purposes. <<NOTE: Dec. 22, 2005 - [H.R. 4436]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REDI CENTER.
(a) Authorization.--The Secretary of State is authorized to provide
for the participation by the United States in the Regional Emerging
Diseases Intervention Center (in this section referred to as ``REDI
Center'') in Singapore, as established by the Agreement described in
(b) Consultation and Report.--
(1) Consultation.--Prior to the review required under
Article 6.3 of the Agreement described in subsection (c), the
Secretary shall consult with the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate.
(2) Report.--In connection with the submission of the annual
congressional budget justification, the Secretary shall report
on efforts undertaken at the REDI Center with regard to
(c) Agreement Described.--The Agreement referred to in this section
is the Agreement between the Governments of the United States of America
and the Republic of Singapore Establishing the Regional Emerging
Diseases Intervention Center, done at Singapore, November 22, 2005.
SEC. 2. RETENTION OF MEDICAL REIMBURSEMENTS.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is
amended by adding at the end the following new subsection:
``(g) Reimbursements paid to the Department of State for funding the
costs of medical care abroad for employees and eligible family members
shall be credited to the currently available applicable appropriation
account. Such reimbursements shall be available for obligation and
expenditure during the fiscal year in which they are received or for
such longer period of time as may be provided in law.''.
SEC. 3. ACCOUNTABILITY REVIEW BOARDS.
Section 301(a) of the Diplomatic Security Act (22 U.S.C. 4831(a)) is
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Facilities in afghanistan and iraq.--
[[Page 119 STAT. 2651]]
``(A) Limited exemptions from requirement to convene
board.--The Secretary of State is not required to
convene a Board in the case of an incident that--
``(i) involves serious injury, loss of life,
or significant destruction of property at, or
related to, a United States Government mission in
Afghanistan or Iraq; and
``(ii) occurs during the period beginning on
October 1, 2005, and ending on September 30, 2009.
``(B) Reporting requirements.--In the case of an
incident described in subparagraph (A), the Secretary
``(i) <<NOTE: Notification.>> promptly notify
the Committee on International Relations of the
House of Representatives and the Committee on
Foreign Relations of the Senate of the incident;
``(ii) conduct an inquiry of the incident; and
``(iii) upon completion of the inquiry
required by clause (ii), submit to each such
Committee a report on the findings and
recommendations related to such inquiry and the
actions taken with respect to such
SEC. 4. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER PAY
(a) Repeal of Limited-Scope Effective Date for Previous Increase.--
Subsection (c) of section 591 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004 (division D of
Public Law 108-199) <<NOTE: 5 USC 5925 note.>> is repealed.
(b) Post Differentials.--Section 5925(a) of title 5, United States
Code, is amended in the third sentence by striking ``25 percent of the
rate of basic pay or, in the case of an employee of the United States
Agency for International Development,''.
(c) Danger Pay Allowances.--Section 5928 of title 5, United States
Code, is amended by striking ``25 percent of the basic pay of the
employee or 35 percent of the basic pay of the employee in the case of
an employee of the United States Agency for International Development''
both places that it appears and inserting ``35 percent of the basic pay
of the employee''.
(d) <<NOTE: 5 USC 5925 note.>> Criteria.--The Secretary of State
shall inform the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate of
the criteria to be used in determinations of appropriate adjustments in
post differentials under section 5925(a) of title 5, United States Code,
as amended by subsection (b), and danger pay allowances under section
5928 of title 5, United States Code, as amended by subsection (c).
(e) Study and Report.--Not later than two years after the date of
the enactment of this Act, the Secretary of State shall conduct a study
assessing the effect of the increases in post differentials and danger
pay allowances made by the amendments in subsections (b) and (c),
respectively, in filling ``hard-to-fill'' positions and shall submit a
report of such study to the committees specified in subsection (d) and
to the Committee on Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
[[Page 119 STAT. 2652]]
SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES.
Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C.
4136(8)) is amended in the first sentence--
(1) by inserting ``the involuntary separation of the
grievant (other than an involuntary separation for cause under
section 610(a)),'' after ``considering''; and
(2) by striking ``the grievant or'' and inserting ``the
SEC. 6. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
Section 504(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228) <<NOTE: 22 USC 6206 note.>> is amended by
striking ``December 31, 2005'' and inserting ``December 31, 2006''.
SEC. 7. OFFICIAL RESIDENCE EXPENSES.
Section 5913 of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(c) Funds made available under subsection (b) may be provided in
advance to persons eligible to receive reimbursements.''.
SEC. 8. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EDUCATION BENEFITS.
Section 305(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6204(a)) is amended by inserting after paragraph (18)
the following new paragraph:
``(19)(A) To provide for the payment of primary and
secondary school expenses for dependents of personnel stationed
in the Commonwealth of the Northern Mariana Islands (CNMI) at a
cost not to exceed expenses authorized by the Department of
Defense for such schooling for dependents of members of the
Armed Forces stationed in the Commonwealth, if the Board
determines that schools available in the Commonwealth are unable
to provide adequately for the education of the dependents of
``(B) To provide transportation for dependents of such
personnel between their places of residence and those schools
for which expenses are provided under subparagraph (A), if
[[Page 119 STAT. 2653]]
the Board determines that such schools are not accessible by
public means of transportation.''.
Approved December 22, 2005.
LEGISLATIVE HISTORY--H.R. 4436:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Dec. 14, considered and passed House.
Dec. 15, considered and passed Senate.