PUBLIC LAW 109–140—DEC. 22, 2005

DEPARTMENT OF STATE AUTHORITIES

119 STAT. 2650 PUBLIC LAW 109–140—DEC. 22, 2005

Public Law 109–140

109th Congress

An Act

To provide certain authorities for 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. REDI CENTER.

(a) AUTHORIZATION.—The Secretary of State is authorized to

provide for the participation by the United States in the Regional

Emerging Diseases Intervention Center (in this section referred

to as ‘‘REDI Center’’) in Singapore, as established by the Agreement

described in subsection (c).

(b) CONSULTATION AND REPORT.—

(1) CONSULTATION.—Prior to the review required under

Article 6.3 of the Agreement described in subsection (c), the

Secretary shall consult with the Committee on International

Relations of the House of Representatives and the Committee

on Foreign Relations of the Senate.

(2) REPORT.—In connection with the submission of the

annual congressional budget justification, the Secretary shall

report on efforts undertaken at the REDI Center with regard

to bioterrorism concerns.

(c) AGREEMENT DESCRIBED.—The Agreement referred to in this

section is the Agreement between the Governments of the United

States of America and the Republic of Singapore Establishing the

Regional Emerging Diseases Intervention Center, done at Singapore, November 22, 2005.

SEC. 2. RETENTION OF MEDICAL REIMBURSEMENTS.

Section 904 of the Foreign Service Act of 1980 (22 U.S.C.

4084) is amended by adding at the end the following new subsection:

‘‘(g) Reimbursements paid to the Department of State for

funding the costs of medical care abroad for employees and eligible

family members shall be credited to the currently available

applicable appropriation account. Such reimbursements shall be

available for obligation and expenditure during the fiscal year in

which they are received or for such longer period of time as may

be provided in law.’’.

SEC. 3. ACCOUNTABILITY REVIEW BOARDS.

Section 301(a) of the Diplomatic Security Act (22 U.S.C. 4831(a))

is amended—

(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and

inserting ‘‘paragraphs (2) and (3)’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) FACILITIES IN AFGHANISTAN AND IRAQ.—

Dec. 22, 2005

[H.R. 4436]

PUBLIC LAW 109–140—DEC. 22, 2005 119 STAT. 2651

‘‘(A) LIMITED EXEMPTIONS FROM REQUIREMENT TO CONVENE BOARD.—The Secretary of State is not required to

convene a Board in the case of an incident that—

‘‘(i) involves serious injury, loss of life, or significant destruction of property at, or related to, a United

States Government mission in Afghanistan or Iraq;

and

‘‘(ii) occurs during the period beginning on October

1, 2005, and ending on September 30, 2009.

‘‘(B) REPORTING REQUIREMENTS.—In the case of an

incident described in subparagraph (A), the Secretary

shall—

‘‘(i) promptly notify the Committee on International Relations of the House of Representatives and

the Committee on Foreign Relations of the Senate of

the incident;

‘‘(ii) conduct an inquiry of the incident; and

‘‘(iii) upon completion of the inquiry required by

clause (ii), submit to each such Committee a report

on the findings and recommendations related to such

inquiry and the actions taken with respect to such

recommendations.’’.

SEC. 4. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND

DANGER PAY ALLOWANCES.

(a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE FOR PREVIOUS

INCREASE.—Subsection (c) of section 591 of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 2004

(division D of Public Law 108–199) is repealed.

(b) POST DIFFERENTIALS.—Section 5925(a) of title 5, United

States Code, is amended in the third sentence by striking ‘‘25

percent of the rate of basic pay or, in the case of an employee

of the United States Agency for International Development,’’.

(c) DANGER PAY ALLOWANCES.—Section 5928 of title 5, United

States Code, is amended by striking ‘‘25 percent of the basic pay

of the employee or 35 percent of the basic pay of the employee

in the case of an employee of the United States Agency for International Development’’ both places that it appears and inserting

‘‘35 percent of the basic pay of the employee’’.

(d) CRITERIA.—The Secretary of State shall inform the Committee on International Relations of the House of Representatives

and the Committee on Foreign Relations of the Senate of the

criteria to be used in determinations of appropriate adjustments

in post differentials under section 5925(a) of title 5, United States

Code, as amended by subsection (b), and danger pay allowances

under section 5928 of title 5, United States Code, as amended

by subsection (c).

(e) STUDY AND REPORT.—Not later than two years after the

date of the enactment of this Act, the Secretary of State shall

conduct a study assessing the effect of the increases in post differentials and danger pay allowances made by the amendments in subsections (b) and (c), respectively, in filling ‘‘hard-to-fill’’ positions

and shall submit a report of such study to the committees specified

in subsection (d) and to the Committee on Government Reform

of the House of Representatives and the Committee on Homeland

Security and Governmental Affairs of the Senate.

5 USC 5925 note.

5 USC 5925 note.

Notification.

119 STAT. 2652 PUBLIC LAW 109–140—DEC. 22, 2005

SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD

PROCEDURES.

Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C.

4136(8)) is amended in the first sentence—

(1) by inserting ‘‘the involuntary separation of the grievant

(other than an involuntary separation for cause under section

610(a)),’’ after ‘‘considering’’; and

(2) by striking ‘‘the grievant or’’ and inserting ‘‘the grievant,

or’’.

SEC. 6. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.

Section 504(c) of the Foreign Relations Authorization Act, Fiscal

Year 2003 (Public Law 107–228) is amended by striking ‘‘December

31, 2005’’ and inserting ‘‘December 31, 2006’’.

SEC. 7. OFFICIAL RESIDENCE EXPENSES.

Section 5913 of title 5, United States Code, is amended by

adding at the end the following new subsection:

‘‘(c) Funds made available under subsection (b) may be provided

in advance to persons eligible to receive reimbursements.’’.

SEC. 8. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EDUCATION BENEFITS.

Section 305(a) of the United States International Broadcasting

Act of 1994 (22 U.S.C. 6204(a)) is amended by inserting after

paragraph (18) the following new paragraph:

‘‘(19)(A) To provide for the payment of primary and secondary school expenses for dependents of personnel stationed

in the Commonwealth of the Northern Mariana Islands (CNMI)

at a cost not to exceed expenses authorized by the Department

of Defense for such schooling for dependents of members of

the Armed Forces stationed in the Commonwealth, if the Board

determines that schools available in the Commonwealth are

unable to provide adequately for the education of the dependents of such personnel.

‘‘(B) To provide transportation for dependents of such personnel between their places of residence and those schools

for which expenses are provided under subparagraph (A), if

22 USC 6206

note.

PUBLIC LAW 109–140—DEC. 22, 2005 119 STAT. 2653

LEGISLATIVE HISTORY—H.R. 4436:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Dec. 14, considered and passed House.

Dec. 15, considered and passed Senate.

Æ

the Board determines that such schools are not accessible by

public means of transportation.’’.

Approved December 22, 2005.