[Congressional Record (Bound Edition), Volume 152 (2006), Part 5]
[Senate]
[Pages 6536-6537]
[From the U.S. Government Publishing Office, www.gpo.gov]




MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING 
                     SEPTEMBER 30, 2006--Continued


                           Amendment No. 3597

  Mr. COCHRAN. Mr. President, there are several amendments that have 
been cleared on both sides of the aisle.
  I call up amendment No. 3597 on behalf of Senator Lugar and others 
regarding the State Department personnel in Iraq and Afghanistan.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi [Mr. Cochran], for Mr. Lugar, 
     for himself, Mr. Warner, Mr. Chafee, and Mr. Allen, proposes 
     an amendment numbered 3597.

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To provide certain authorities necessary to carry out foreign 
               policy objectives in Iraq and Afghanistan)

       On page 90, between lines 10 and 11, insert the following:

     SEC. 1202. DEPARTMENT OF STATE AND USAID AUTHORITIES.

       (a) Waiver of Annuity Limitations on Reemployed Foreign 
     Service Annuitants.--Section 824(g) of the Foreign Service 
     Act of 1980 (22 U.S.C. 4064(g)) is amended to read as 
     follows:
       ``(g)(1) The Secretary of State may waive the application 
     of subsections (a) through (d) on a case-by-case basis for an 
     annuitant reemployed on a temporary basis, or grant authority 
     to the head of an Executive agency to waive the application 
     of subsections (a) through (d) on a case-by-case basis for an 
     annuitant reemployed on a temporary basis--
       ``(A) if, and for so long as, such waiver is necessary due 
     to an emergency involving a direct threat to life or property 
     or other unusual circumstances; or
       ``(B) if the annuitant is employed in a position for which 
     there is exceptional difficulty in recruiting or retaining a 
     qualified employee.
       ``(2) The authority of the Secretary to waive the 
     application of subsections (a) through (d) for an annuitant 
     pursuant to subparagraph (B) of paragraph (1), or to grant 
     authority to the head of an Executive agency to waive the 
     application of such subsections to an annuitant under 
     subparagraphs (A) or (B) of such paragraph, shall terminate 
     on October 1, 2008. An annuitant reemployed pursuant to such 
     authority prior to such termination date may be employed for 
     a period ending not later than one year after such date.
       ``(3) The Secretary should prescribe procedures for the 
     exercise of any authority under paragraph (1), including 
     criteria for any exercise of authority and procedures for a 
     delegation of authority.''.
       (b) Waiver of Annuity Limitations on Reemployed Civil 
     Service Annuitants.--
       (1) Department of state.--Title I of the Department of 
     State Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 61. REEMPLOYMENT OF ANNUITANTS UNDER THE CIVIL SERVICE 
                   RETIREMENT SYSTEM AND FEDERAL EMPLOYEES' 
                   RETIREMENT SYSTEM.

       ``(a) Authority.--
       ``(1) In general.--The Secretary of State may waive the 
     application of the provisions of section 8344 or 8468 of 
     title 5, United States Code, on a case-by-case basis for 
     employment of an annuitant in a position in the Department of 
     State for which there is exceptional difficulty in recruiting 
     or retaining a qualified employee, or when a temporary 
     emergency hiring need exists.
       ``(2) Termination of authority.--The authority of the 
     Secretary under paragraph (1) shall terminate on October 1, 
     2008. An annuitant reemployed pursuant to such authority 
     prior to such termination date may be employed for a period 
     ending not later than one year after such date.
       ``(b) Procedures.--The Secretary should prescribe 
     procedures for the exercise of any authority under subsection 
     (a), including criteria for any exercise of authority and 
     procedures for a delegation of authority.
       ``(c) Annuitants Not Treated as Employees for Purposes of 
     Retirement Benefits.--An employee for whom a waiver under 
     this section is in effect shall not be considered an employee 
     for purposes of subchapter III of chapter 83, or chapter 84 
     of title 5, United States Code.''.
       (2) United states agency for international development.--
     Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2385) is amended by adding at the end the following new 
     subsection:
       ``(j)(1)(A) The Administrator of the United States Agency 
     for International Development may waive the application of 
     the provisions of section 8344 or 8468 of title 5, United 
     States Code, on a case-by-case basis for employment of an 
     annuitant in a position in the United States Agency for 
     International Development for which there is exceptional 
     difficulty in recruiting or retaining a qualified employee, 
     or when a temporary emergency hiring need exists.
       ``(B) The authority of the Administrator under subparagraph 
     (A) shall terminate on October 1, 2008. An annuitant 
     reemployed pursuant to such authority prior to such 
     termination date may be employed for a period ending not 
     later than one year after such date.
       ``(2) The Administrator should prescribe procedures for the 
     exercise of any authority under this subsection, including 
     criteria for any exercise of authority and procedures for a 
     delegation of authority.
       ``(3) An employee for whom a waiver under this section is 
     in effect shall not be considered an employee for purposes of 
     subchapter III of chapter 83, or chapter 84 of title 5, 
     United States Code.''.
       (c) Report on Use of Annuity Limitation Waiver Authority.--
     Not later than 1 year after the date of the enactment of this 
     Act, the Secretary of State shall submit to the Committee on 
     Foreign Relations and the Committee on Homeland Security and 
     Government Affairs of the Senate and the Committee on 
     International Relations and the Committee on Government 
     Reform of the House of Representatives a report on the 
     exercise of the waiver authorities provided under section 
     824(g) of the Foreign Service Act of 1980 (22 U.S.C. 
     4064(g)), as amended by subsection (a), section 61 of the 
     State Department Basic Authorities Act of 1956, as added by 
     subsection (b)(1), and section 625(j) of the Foreign 
     Assistance Act of 1961, as added by subsection (b)(2). The 
     report shall include the number and type of positions that 
     have been filled under such waiver authority, and the 
     retirement date, former job title, and new job title of each 
     annuitant reemployed under such authority.
       (d) Home Leave Provisions.--
       (1) Travel expenses for rest and recuperation travel.--
     Section 901(6) of the Foreign Service Act (22 U.S.C. 4081(6)) 
     is amended by striking ``unbroken by home leave'' each place 
     it appears.
       (2) Authority to require leaves of absence.--Section 903(a) 
     of the Foreign Service Act (22 U.S.C. 4083) is amended by 
     striking ``18 months'' and inserting ``12 months''.
       (e) Authority to Provide Accommodation and Subsistence to 
     Individuals Serving in Iraq and Afghanistan.--The Secretary 
     of State may provide during any fiscal year, with or without 
     reimbursement, accommodation and subsistence to personnel in 
     Iraq and Afghanistan for whom the Chief of Mission is 
     responsible.

  The PRESIDING OFFICER. Is there further debate on the amendment? If 
not, the question is on agreeing to amendment No. 3597.
  The amendment (No. 3597) was agreed to.


                    Amendment No. 3661, as Modified

  Mr. COCHRAN. Mr. President, I call up amendment No. 3661 on behalf of 
Senator Leahy regarding notification requirements.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi [Mr. Cochran], for Mr. Leahy, 
     proposes an amendment numbered 3661.

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

      (Purpose: To provide for notification to the Committees on 
                            Appropriations)

       On page 121, line 5, after the colon, insert the following: 
     Provided further, That funds made available under this 
     heading shall be subject to the regular notification 
     procedures of the Committees on Appropriations:

  Mr. COCHRAN. Mr. President, I send a modification to the desk.

[[Page 6537]]

  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment, as modified, is as follows:

      (Purpose: To provide for notification to the Committees on 
                            Appropriations)

       On page 121, line 5, after the colon, insert the following: 
     Provided further, That funds made available under this 
     heading in this Act shall be subject to the regular 
     notification procedures of the Committees on Appropriations:

  The PRESIDING OFFICER. Is there further debate on the amendment?
  If not, the question is on agreeing to the amendment, as modified.
  The amendment, as modified, was agreed to.


                    Amendment No. 3663, as Modified

  Mr. COCHRAN. Mr. President, I call up amendment No. 3663 on behalf of 
Senator Leahy regarding a technical correction.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi [Mr. Cochran], for Mr. Leahy, 
     proposes an amendment numbered 3663.

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

                     (Purpose: Technical amendment)

       On page 121, line 1, strike ``in Iran'' and insert in lieu 
     thereof:
       of which $34,750,000 shall be made available to promote 
     democracy in Iran and of which $5,000,000 shall be made 
     available for election assistance in the Democratic Republic 
     of the Congo.
       On page 121, line 2, after ``heading'' insert ``for 
     assistance for Iran''

  Mr. COCHRAN. Mr. President, I send a modification to the desk.
  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment, as modified, is as follows:

                     (Purpose: Technical amendment)

       On page 120, line 25, strike ``for programs and activities 
     promoting democracy in Iran'' and insert in lieu thereof:
       of which $34,750,000 shall be made available for programs 
     and activities promoting democracy in Iran and of which 
     $5,000,000 shall be made available for election assistance in 
     the Democratic Republic of the Congo
       On page 121, line 4, strike ``and'' and insert in lieu 
     thereof: , and those funds made available to promote 
     democracy in Iran

  The PRESIDING OFFICER. Is there further debate on the amendment, as 
modified?
  If not, the question is on agreeing to the amendment, as modified.
  The amendment (No. 3663), as modified, was agreed to.
  Mr. COCHRAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. COCHRAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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