Text: H.R.6060 — 109th Congress (2005-2006)All Bill Information (Except Text)

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Public Law No: 109-472 (01/11/2007)

 
[109th Congress Public Law 472]
[From the U.S. Government Printing Office]


[DOCID: f:publ472.109]

[[Page 3553]]

                     DEPARTMENT OF STATE AUTHORITIES
                               ACT OF 2006

[[Page 120 STAT. 3554]]

Public Law 109-472
109th Congress

                                 An Act


 
  To authorize certain activities by the Department of State, and for 
         other purposes. <<NOTE: Jan. 11, 2007 -  [H.R. 6060]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Department of State 
Authorities Act of 2006.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 22 USC 2151 note.>> 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

[[Page 120 STAT. 3555]]

                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. <<NOTE: 8 USC 1714 note.>> AUTHORITY TO ADMINISTRATIVELY 
                    AMEND SURCHARGES.

    (a) In General.--Beginning <<NOTE: Effective date.>> 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.

[[Page 120 STAT. 3556]]

    (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. <<NOTE: President.>> 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 <<NOTE: 22 USC 228l.>> 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''.

[[Page 120 STAT. 3557]]

SEC. 10. PROLIFERATION INTERDICTION SUPPORT.

    (a) Assistance.--Consistent <<NOTE: 22 USC 2349bb-5.>> 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 <<NOTE: President.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 22 USC 2349bb-6.>> 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

[[Page 120 STAT. 3558]]

(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. <<NOTE: 22 USC 2751 note.>> 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 <<NOTE: President.>> 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 <<NOTE: Reports.>> 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.

[[Page 120 STAT. 3559]]

    (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 <<NOTE: President. Certification.>> 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)--

[[Page 120 STAT. 3560]]

                          (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 <<NOTE: 117 Stat. 576.>> 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''

    Approved January 11, 2007.

LEGISLATIVE HISTORY--H.R. 6060:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-706 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            Dec. 8, considered and passed House and Senate.

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