[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6060 Enrolled Bill (ENR)]


        H.R.6060

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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''

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.