[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6060 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 6060

_______________________________________________________________________

                                 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''

            Passed the House of Representatives December 8, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 6060

_______________________________________________________________________

                                 AN ACT

  To authorize certain activities by the Department of State, and for 
                            other purposes.