HR 6060 EH
H. R. 6060
To authorize certain activities by the Department of State, and for
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
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
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';
(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
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
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';
(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
(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
(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';
(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
(b) Report on Existing Proliferation Detection and Interdiction
(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
(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--
(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
(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
(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
(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
(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
(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
(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
(2) Termination of United States Government--
(A) sales to the transferring foreign government of any defense
articles, defense services, or design and construction services;
(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
(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
(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
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';
(ii) by striking `2004 and 2005' and inserting `2007 and 2008';
(B) in subparagraph (B), by striking `$100,000,000' and inserting
(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'
Passed the House of Representatives December 8, 2006.
H. R. 6060
To authorize certain activities by the Department of State, and for other