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.

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

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.

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.

Interference with protective functions

(a)

Offense

Chapter 7 of title 18, United States Code, is amended by adding at the end the following:

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.

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.

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.

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.

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:

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.

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.

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.

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).

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.

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:

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:

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.

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).

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.

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.

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.

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).

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..