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







                                                 Union Calendar No. 425
109th CONGRESS
  2d Session
                                H. R. 6060

                          [Report No. 109-706]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2006

   Mr. Smith of New Jersey (for himself, Mr. Lantos, and Mr. Payne) 
 introduced the following bill; which was referred to the Committee on 
                        International Relations

                           September 29, 2006

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  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. Protection of refugees from North Korea.
Sec. 5. Interference with protective functions.
Sec. 6. Incitement to acts of discrimination.
Sec. 7. Persons excused from payment of fees for execution and issuance 
                            of passports.
Sec. 8. Authority to administratively amend surcharges.
Sec. 9. Extension of privileges and immunities.
Sec. 10. Property disposition.
Sec. 11. Services for children with autism at overseas missions.
Sec. 12. Removal of contracting prohibition.
Sec. 13. Assistance for maternal and prenatal care for certain 
                            individuals of Belarus and Ukraine affected 
                            by the Chernobyl disaster.
Sec. 14. Foreign Service pay for performance system.
Sec. 15. Pay for performance interim schedule.
Sec. 16. Uniform compensation for worldwide service.
Sec. 17. Technical and conforming amendments.
Sec. 18. Dual gateway policy of the Government of Ireland.
Sec. 19. Personal services contracting program.
Sec. 20. Worldwide availability.

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 
                the dependent's annual trip 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 annual trip, and such payment or 
                reimbursement shall be in lieu of transportation of the 
                baggage.''.

SEC. 4. PROTECTION OF REFUGEES FROM NORTH KOREA.

    (a) Responsibilities of the Special Envoy on Human Rights in North 
Korea.--Section 107(c) of the North Korean Human Rights Act of 2004 
(Public Law 108-333) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) help coordinate efforts by the Secretary of State to 
        assist North Korean refugees and migrants, including the 
        activities directed by section 303.''.
    (b) Reporting Requirements.--Section 305(a) of the North Korean 
Human Rights Act of 2004 is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) a detailed description of the measures undertaken by 
        the Secretary of State to carry out section 303, including 
        country-specific information with respect to United States 
        efforts to secure the cooperation and permission of the 
        governments of countries in East and Southeast Asia to 
        facilitate United States processing of North Koreans seeking 
        protection as refugees. The information required by this 
        paragraph may be provided in a classified format, if 
        necessary.''.

SEC. 5. 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:

``Sec. 118. Interference with certain protective functions.''.

SEC. 6. INCITEMENT TO ACTS OF DISCRIMINATION.

    (a) Inclusion of Information Relating to Incitement to Acts of 
Discrimination in Annual Country Reports on Human Right Practices.--
            (1) Countries receiving economic assistance.--Section 
        116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151n(d)) is amended--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11)(C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(12) wherever applicable, a description of the nature and 
        extent of--
                    ``(A) propaganda in foreign government and foreign 
                government-controlled media and other sources, 
                including foreign government-produced educational 
                materials and textbooks, that attempt to justify or 
                promote racial hatred or incite acts of violence 
                against any race or people;
                    ``(B) complicity or involvement by the foreign 
                government in the creation of such propaganda or 
                incitement of acts of violence against any race or 
                people; and
                    ``(C) a description of the actions, if any, taken 
                by the foreign government to eliminate such propaganda 
                or incitement.''.
            (2) Countries receiving security assistance.--Section 
        502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2304(b)) is amended by inserting after the ninth sentence the 
        following new sentence: ``Each report under this section shall 
        also include, wherever applicable, a description of the nature 
        and extent of propaganda in foreign government and foreign 
        government-controlled media and other sources, including 
        foreign government-produced educational materials and 
        textbooks, that attempt to justify or promote racial hatred or 
        incite acts of violence against any race or people, complicity 
        or involvement by the foreign government in the creation of 
        such propaganda or incitement of acts of violence against any 
        race or people, and a description of the actions, if any, taken 
        by the foreign government to eliminate such propaganda or 
        incitement.''.
    (b) Effective Date of Amendments.--The amendments made by 
subsection (a) shall take effect on the date of the enactment of this 
Act and apply beginning with the first report submitted by the 
Secretary of State under sections 116(d) and 502B(b) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after such 
date.

SEC. 7. PERSONS EXCUSED FROM PAYMENT OF FEES FOR EXECUTION AND ISSUANCE 
              OF PASSPORTS.

    Section 1 of the Act of June 4, 1920 (22 U.S.C. 214) 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. 8. 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. 9. 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) in the header, by striking ``organization of african 
        unity'' and inserting ``african union'';
            (2) by inserting ``(a)'' before ``The provisions''; and
            (3) 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) Bank for International Settlements.--The International 
Organizations Immunities Act (22 U.S.C. 288 et seq.) is amended by 
adding at the end the following:
    ``Sec. 17.  The provisions of this title may be extended to the 
Bank for International Settlements in the same manner, to the same 
extent, and subject to the same conditions, as they may be extended to 
a public international organization in which the United States 
participates pursuant to any treaty or under the authority of any Act 
of Congress authorizing such participation or making an appropriation 
for such participation.''.
    (c) 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. 10. PROPERTY DISPOSITION.

    Section 633(e) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 2004 (division 
B of Public Law 108-199; 22 U.S.C. 2078(e)) is amended--
            (1) by striking ``The United States, through the Department 
        of State, shall retain ownership of the Palazzo Corpi building 
        in Istanbul, Turkey, and the'' and inserting ``The''; and
            (2) by striking ``at such location'' and inserting ``at an 
        appropriate location''.

SEC. 11. SERVICES FOR CHILDREN WITH AUTISM AT OVERSEAS MISSIONS.

    (a) Study.--With respect to countries in which there is at least 
one mission of the United States, the Secretary of State shall conduct 
a study of the availability of programs that address the special needs 
of children with autism, including the availability of speech 
therapists and pediatric occupational therapists at Department of 
Defense sponsored schools. Such study shall include the estimated 
incidence of autism among dependents of members of the Foreign Service 
and dependents of specialist Foreign Service personnel. Such study 
shall also include an analysis of the possibility of establishing 
``Educational Centers of Excellence'' for such children.
    (b) Report.--Not later than 30 days after the completion of the 
study required under subsection (a), the Secretary shall submit to the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate a report 
containing the findings of the study together with any recommendations 
for related action.

SEC. 12. 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. 13. ASSISTANCE FOR MATERNAL AND PRENATAL CARE FOR CERTAIN 
              INDIVIDUALS OF BELARUS AND UKRAINE AFFECTED BY THE 
              CHERNOBYL DISASTER.

    Of the amounts made available for each of the fiscal years 2007 and 
2008 to carry out chapters 11 and 12 of part I of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2295 et seq. and 2296 et seq.) and 
the FREEDOM Support Act (22 U.S.C. 5801 et seq.), such sums as may be 
necessary for each such fiscal year are authorized to be available for 
assistance to improve maternal and prenatal care, especially for the 
purpose of helping prevent birth defects and pregnancy complications, 
for individuals in the Republic of Belarus and Ukraine affected by the 
Chernobyl disaster.

SEC. 14. FOREIGN SERVICE PAY FOR PERFORMANCE SYSTEM.

    (a) Purpose.--The purposes of this section are--
            (1) to recruit, retain, and reward high-performing Foreign 
        Service members required to be available for worldwide 
        assignment;
            (2) to ensure performance management that effectively 
        communicates performance expectations and makes meaningful 
        distinctions based upon relative performance; and
            (3) to institute a worldwide pay system, consistent with 
        the requirement that Foreign Service members be available for 
        worldwide assignment.
    (b) Foreign Service Schedule.--Section 403 of the Foreign Service 
Act of 1980 (22 U.S.C. 3963) is amended to read as follows:
``Sec. 403. Foreign service schedule
    ``(a) Establishment.--The President shall establish, and 
periodically adjust, a Foreign Service Schedule, which shall consist of 
9 salary classes that apply to members of the Service who are citizens 
of the United States and for whom salary rates are not otherwise 
provided under this chapter. The maximum salary rate for the highest 
class established under this section, which shall be designated class 
1, may not exceed the rate of basic pay for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    ``(b) Adjustments.--Any adjustment in the basic salary rates for 
members of the Service made at the time of a schedule adjustment under 
subsection (a) shall be made in accordance with section 406.''.
    (c) Within Class Salary Increases.--Section 406 of the Foreign 
Service Act of 1980 (22 U.S.C. 3966) is amended to read as follows:
``Sec. 406. Within class salary increases
    ``(a) Determination.--The Secretary, in the Secretary's sole and 
exclusive discretion, shall determine which basic salary rate within a 
band of rates of pay prescribed by the President under section 403(a) 
shall be paid to members of the Service, taking into account individual 
performance, contribution to the mission of the Department, or both, 
under a rigorous performance management system that--
            ``(1) makes meaningful distinctions based upon relative 
        performance; and
            ``(2) clearly links individual pay and performance under 
        precepts prescribed by the Secretary.
    ``(b) Equal Basic Salary Adjustments.--Notwithstanding subsection 
(a), the Secretary, in the Secretary's sole and exclusive discretion, 
may provide equal basic salary adjustments for all career candidates or 
other members of the Service--
            ``(1) whose performance has not been reviewed by a 
        selection board under section 602; and
            ``(2) who are found to meet the standards of performance 
        for their class.
    ``(c) Performance-Based Salary Adjustments.--
            ``(1) In general.--For performance-based pay adjustments, 
        the Secretary in the Secretary's sole and exclusive discretion, 
        shall annually allocate an amount equal to or greater than the 
        sum of--
                    ``(A) an amount that would be sufficient to fund 
                increases under section 406(a) of the Foreign Service 
                Act as in effect on March 31, 2008; and
                    ``(B) the amount necessary to provide for pay 
                adjustments based on mission requirements, labor market 
                conditions, availability of funds, pay adjustments 
                received by employees of other Federal agencies, and 
                any other relevant factors.
            ``(2) Flexibility.--The formula set forth in paragraph (1) 
        shall--
                    ``(A) ensure that employees, in the aggregate, are 
                not disadvantaged in terms of the overall amount of pay 
                available as a result of conversion to the new foreign 
                service performance-based compensation system; and
                    ``(B) provide flexibility to accommodate changes in 
                the mix of employees performing those functions, and 
                other changed circumstances that might impact pay 
                levels.
            ``(3) Limitation.--No performance-based salary adjustments 
        authorized by this section may be paid to any member of the 
        Service if the performance of the member falls below the 
        standards of performance for the salary class of the member.''.
    (d) Exceptions.--
            (1) Locality payments for prior service.--A member of the 
        Foreign Service may not receive a locality payment under 
        section 5304 of title 5, United States Code, for service 
        performed on or after the first day of the first pay period 
        beginning on or after April 1, 2008.
            (2) Prior service pay.--Except as provided in section 
        16(c)(1), a member of the Foreign Service may not receive a 
        nonforeign area allowance or differential under section 5941 of 
        title 5, United States Code, for service performed on or after 
        the first day of the first pay period beginning on or after 
        April 1, 2008.
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect on the first day of the first pay period 
beginning on or after April 1, 2008.

SEC. 15. PAY FOR PERFORMANCE INTERIM SCHEDULE.

    (a) Rates of Pay.--
            (1) In general.--Except as provided under subsection (b), 
        the Foreign Service Schedule established under section 403 of 
        the Foreign Service Act of 1980, in effect on the date of the 
        enactment of this Act, including step rates--
                    (A) shall be adjusted in accordance with section 
                5303 of title 5, United States Code; and
                    (B) shall be capped at the maximum rate of basic 
                pay for grade GS-15 of the General Schedule under 
                section 5332 of that title.
            (2) Locality pay.--A member of the Service whose official 
        duty station is located in an applicable locality pay area 
        shall continue to receive locality-based comparability payments 
        under section 5304 of that title.
    (b) Interim Foreign Service Schedule.--
            (1) Establishment.--The Secretary of State shall establish 
        an interim Foreign Service Schedule for members of the Service 
        designated class 1 or below whose official duty station is not 
        located in areas for which such members receive payments 
        pursuant to section 5304 or 5941 of title 5, United States 
        Code.
            (2) Increased rates.--The rates under the Foreign Service 
        Schedule established under this subsection shall be 9 percent 
        higher than the rates under the Foreign Service Schedule 
        described in subsection (a) unless a different percentage is 
        prescribed by the President. Each covered member shall receive 
        a corresponding increase in the member's rate of basic pay. Any 
        adjustment of the rates under the Foreign Service Schedule 
        described in subsection (a) shall result in a corresponding 
        adjustment of rates under the Foreign Service Schedule 
        established under this subsection.
            (3) Conversion rules.--The Secretary, in the Secretary's 
        sole and exclusive discretion, shall establish conversion rules 
        for a member who is transferred between the Foreign Service 
        Schedule described in subsection (a) and the Foreign Service 
        Schedule established under this subsection due to a change in 
        official duty station.
    (c) Step Increases.--A member covered by the Foreign Service 
Schedule (including the interim Foreign Service Schedule) shall receive 
within class salary step increases in accordance with section 406 of 
the Foreign Service Act of 1980 (22 U.S.C. 3966), including step 
increases that become effective on the first day of the first pay 
period beginning on or after April 1, 2008.
    (d) Effective Date.--This section shall take effect beginning on 
the first day of the first pay period beginning on or after April 1, 
2007, and ending on the effective date described in section 14(e).

SEC. 16. UNIFORM COMPENSATION FOR WORLDWIDE SERVICE.

    (a) Transitions and Pay Formulas.--
            (1) Transition date.--Subject to paragraphs (2) through 
        (4), a member of the Service designated class 1 or below shall 
        be converted to the new Foreign Service Schedule established 
        under section 403 of the Foreign Service Act of 1980, as 
        amended by section 14, on the first day of the first pay period 
        beginning on or after April 1, 2008.
            (2) Simultaneous pay actions.--Subject to section 15(c), 
        the Secretary, in the Secretary's sole and exclusive 
        discretion, shall determine whether and how any applicable 
        simultaneous pay actions will be applied in connection with a 
        conversion, under paragraph (1).
            (3) Pay conversion formula.--Any member described in 
        paragraph (1) whose official duty station is not located in an 
        area for which members receive payments pursuant to section 
        5304 or 5941 of title 5, United States Code, shall receive an 
        increase in the member's rate of basic pay upon conversion, if 
        necessary, to ensure that the resulting rate equals the sum 
        of--
                    (A) the base rate under the Foreign Service 
                Schedule described in subsection (a) for the member's 
                class and step; and
                    (B) the amount resulting from multiplying the rate 
                described in subparagraph (A) by the locality-based 
                comparability percentage in effect for the Washington, 
                D.C. locality pay area at that time.
            (4) Locality-based pay.--Any member described in paragraph 
        (1) whose official duty station is located in an area for which 
        such members receive payments pursuant to section 5304 or 5941 
        of title 5, United States Code, shall, upon conversion, cease 
        to receive payments authorized under such sections and shall 
        receive instead an increase in the member's rate of basic pay 
        equivalent to the percentage value of the locality-based 
        comparability payment received by members of the Service 
        designated class 1 or below whose official duty station was 
        Washington, D.C. on the date of conversion.
    (b) Adjustments in the Rate of Basic Pay.--
            (1) In general.--After conversion to the Foreign Service 
        Schedule established under section 403 of the Foreign Service 
        Act of 1980, as amended by section 14, the Secretary, in the 
        Secretary's sole and exclusive discretion, may provide a 
        special one-time adjustment in the rate of basic pay for career 
        candidates or other members of the Service--
                    (A) whose performance has not been reviewed by a 
                selection board under section 602 of such Act (22 
                U.S.C. 4002); and
                    (B) who, if not for such conversion, would have 
                been scheduled to receive a step increase after the 
                date of conversion and before September 30, 2008.
            (2) Limitations.--Any such adjustment shall be prorated 
        based on the portion of the waiting period completed as of the 
        day before conversion. No adjustment under this subsection may 
        result in a rate above the maximum rate of the applicable rate 
        range.
    (c) Special Transitional Rules.--
            (1) Special rules.--The Secretary, in the Secretary's sole 
        and exclusive discretion, may establish special transitional 
        rules to prevent a reduction in a member's rate of pay due to a 
        conversion to the Foreign Service Schedule established under 
        section 15(b). Notwithstanding subsection (a)(4), such rules 
        may authorize a member stationed in a nonforeign area to 
        temporarily continue to receive a portion of an allowance or 
        post differential under section 5941 of title 5, United States 
        Code.
            (2) Applicability.--This subsection shall apply to a member 
        who, immediately before conversion--
                    (A) is entitled to a locality-based comparability 
                payment under section 5304 of title 5, United States 
                Code, at a rate exceeding the locality rate applicable 
                in Washington, D.C., at that time; or
                    (B) is entitled to a nonforeign area allowance or 
                differential under section 5941 of such title.
            (3) Treatment of temporary adjustment.--Any temporary 
        adjustment provided to a member described in paragraph (2)(A) 
        shall be treated as basic pay for the same purposes as the 
        locality-based comparability payment under section 5304 of 
        title 5, United States Code.

SEC. 17. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical and Conforming Amendments to the Foreign Service 
Act.--The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is 
amended--
            (1) in section 402(a)(2) (22 U.S.C. 3962(a)(2))--
                    (A) by striking ``The Secretary shall'' and 
                inserting ``The Secretary, in the Secretary's sole and 
                exclusive discretion, shall'';
                    (B) by striking ``the Secretary may'' and inserting 
                ``The Secretary, in the Secretary's sole and exclusive 
                discretion, may''; and
                    (C) by inserting ``under precepts prescribed by the 
                Secretary'' after ``system'';
            (2) in section 602(a) (22 U.S.C. 4002(a)), by amending 
        paragraph (3) to read as follows:
            ``(3) approvals or denials of pay for performance salary 
        adjustments under sections 402(a)(2) and 406(a)'';
            (3) in section 605 (22 U.S.C. 4005)--
                    (A) in subsection (a)--
                            (i) by inserting ``and pay for performance 
                        salary adjustments under sections 402(a)(2) and 
                        406(a)'' after ``Recommendations for 
                        promotion''; and
                            (ii) by inserting ``and pay for performance 
                        salary adjustments'' after ``shall make 
                        promotions''; and
                    (B) in subsection (b)--
                            (i) by inserting ``or precepts prescribed 
                        by the Secretary'' after ``set forth by 
                        regulation''; and
                            (ii) by inserting ``or salary adjustment'' 
                        after ``delay the promotion'';
            (4) in section 806(a)(9) (22 U.S.C. 4046(a)(9)), by adding 
        at the end the following: ``This paragraph shall not apply to 
        service performed on or after the first day of the first pay 
        period beginning on or after April 1, 2008.''; and
            (5) in section 855(a)(3) (22 U.S.C. 4071d(a)(3)), by adding 
        at the end the following: ``This paragraph shall not apply to 
        service performed on or after the first day of the first pay 
        period beginning on or after April 1, 2008.''.
    (b) Technical and Conforming Amendments to Title 5.--Title 5, 
United States Code, is amended--
            (1) in chapter 53--
                    (A) in section 5302(1)--
                            (i) in subparagraph (A), by adding ``or'' 
                        at the end;
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
                    (B) in section 5304(h)(1)(D)--
                            (i) in clause (v), by striking ``or'' at 
                        the end;
                            (ii) in clause (vi), by striking the period 
                        at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(vii) a position in the Foreign 
                        Service.''; and
            (2) in chapter 57--
                    (A) in section 5753(a)(2)(A), by inserting: ``, 
                excluding members of the Foreign Service other than 
                chiefs of mission and ambassadors at large'' before the 
                semicolon at the end; and
                    (B) in section 5754(a)(2)(A), by inserting: ``, 
                excluding members of the Foreign Service other than 
                chiefs of mission and ambassadors at large'' before the 
                semicolon at the end.
    (c) Effective Dates.--The amendments made by subsections (a) and 
(b)(1) shall take effect on the first day of the first pay period 
beginning on or after April 1, 2008.

SEC. 18. DUAL GATEWAY POLICY OF THE GOVERNMENT OF IRELAND.

    (a) In General.--The Secretary of State shall review the dual 
gateway policy and determine the effects the discontinuation of such 
policy might have on the economy of the United States and the economy 
of western Ireland before the United States takes any action that could 
lead to the discontinuation of such policy.
    (b) Economic Impact Study.--In determining the effects that the 
discontinuation of such policy might have on the economy of the United 
States, the Secretary, in consultation with the heads of other 
appropriate departments and agencies, shall consider the effects the 
discontinuation of such policy might have on United States businesses 
operating in western Ireland, Irish businesses operating in and around 
Shannon Airport, and United States air carriers serving Ireland.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report describing the 
determinations made under subsection (a), together with any 
recommendations for United States action.
    (d) Definition.--In this section, the term ``dual gateway policy'' 
means the policy of the Government of Ireland requiring certain air 
carriers serving Dublin Airport to undertake an equal numbers of 
flights to Shannon Airport and Dublin Airport during each calendar 
year.

SEC. 19. PERSONAL SERVICES CONTRACTING PROGRAM.

    Section 504 of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228) is amended--
            (1) in the section heading, by striking ``pilot'';
            (2) in subsection (a)--
                    (A) by striking ``pilot'';
                    (B) by striking ``(in this section referred to as 
                the `program')''; and
                    (C) by striking ``producers, and writers'' and 
                inserting ``and other broadcasting specialists'';
            (3) in subsection (b)(4), by striking ``60'' and inserting 
        ``100''; and
            (4) by striking subsection (c).

SEC. 20. WORLDWIDE AVAILABILITY.

    Section 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 
3491(b)) is amended by adding at the end the following new sentence: 
``At the time of entry into the Service, each member of the Service 
must be worldwide available, as determined by the Secretary of State 
through appropriate medical examinations, unless the Secretary 
determines that a waiver of the worldwide availability requirement is 
required to fulfill a compelling Service need. The Secretary shall 
establish an internal administrative review process for medical 
ineligibility determinations.''.
                                                 Union Calendar No. 425

109th CONGRESS

  2d Session

                               H. R. 6060

                          [Report No. 109-706]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 29, 2006

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed