[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.
<all>