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[House Report 109-706]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-706

======================================================================

 
              DEPARTMENT OF STATE AUTHORITIES ACT OF 2006

                                _______
                                

 September 29, 2006.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6060]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on International Relations, to whom was 
referred the bill (H.R. 6060) to authorize certain activities 
by the Department of State, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                                   Page
Summary..........................................................     1
Background and Purpose for the Legislation.......................     2
Hearings.........................................................     2
Committee Consideration..........................................     4
Votes of the Committee...........................................     5
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................    10
Constitutional Authority Statement...............................    10
Section-by-Section Analysis......................................    10
New Advisory Committees..........................................    18
Congressional Accountability Act.................................    18
Federal Mandates.................................................    18
Changes in Existing Law Made by the Bill, as Reported............    18

                                Summary

    H.R. 6060 provides certain authorities for the Department 
of State and the Broadcasting Board of Governors. The 
provisions strengthen visa fraud investigations and protective 
functions of security officials, and other improvements to 
support functions at the Department and the Broadcasting Board 
of Governors. The bill also resolves the pay discrepancy 
resulting from Washington based locality pay that is not 
received when personnel are stationed overseas and reconciles 
the Foreign Service pay system to one that is performance-
based. The bill continues efforts by this Committee to protect 
the national interests of the United States, strengthen the 
U.S. diplomatic platform to better serve U.S. citizens, and 
support assistance for maternal and child health.

               Background and Purpose for the Legislation

    This bill authorizes certain activities for the Department 
of State many of which were requested by the Department. Ten of 
the twenty sections are contained in H.R. 2601, the ``Foreign 
Relations Authorization Act, Fiscal Years 2006 and 2007,'' 
which passed the House of Representatives on June 20, 2005.
    Additional sections reform the Foreign Service compensation 
system to eliminate, over a two-year period, wage disparities 
(currently 17.5%) between U.S. Government employees based in 
Washington D.C. who receive locality pay and those overseas who 
do not. The reformed system would establish a new equalized 
global pay scale no longer driven by longevity of service, the 
annual cost-of-living adjustment and the locality cost-of-
living adjustments. Instead, the pay scale would be influenced 
by performance-based compensation adjustments. It is expected 
that these adjustments will be determined annually through the 
peer selection board process that currently exists. In fact, 
the Foreign Service Act of 1980 currently provides for a 
performance-based promotion system as well as a possible 
performance-based annual pay enhancement through the selection 
board process. In order to eliminate current and future 
inequalities between Foreign Service members stationed in the 
U.S. and abroad, H.R. 6060 increases overseas salaries starting 
in Fiscal Year 2007 to match those paid to Washington, D.C.-
based employees while also transforming the previous salary 
adjustment opportunities into one performance-based process. 
This new system, supported strongly by the recognized 
bargaining agent of the Foreign Service (the American Foreign 
Service Association), will make the Foreign Service more 
competitive with the private sector in recruiting and retaining 
employees.
    The additional provisions enhance the Department of State's 
ability to prevent and detect visa fraud, provide assistance to 
U.S. citizens in distressed situations, and permit the disposal 
of property that cannot be secured. The bill also authorizes 
the President to extend privileges and immunities to the 
African Union, the Permanent Observer Mission of the Holy See 
to the United Nations, and the Bank for International 
Settlements.
    In other areas of foreign policy, the Committee has 
expressed its support for continued engagement in the areas of 
human rights and health.

                                Hearings

    The Committee and its Subcommittees held numerous hearings 
on issues related to the bill. The Full Committee held three 
hearings. Two of those hearings, ``The International Affairs 
Budget Request for Fiscal Year 2007'' and ``International 
Relations Budget for Fiscal Year 2006,'' were held on February 
16, 2006 and February 17, 2005, respectively, with Secretary of 
State Condoleezza Rice. The other Full Committee hearing was 
held on May 5, 2005, entitled, ``Promoting Democracy through 
Diplomacy.'' Testimony was received from the following: Rep. 
Frank R. Wolf; The Hon. Paula Dobriansky, Under Secretary for 
Global Affairs, U.S. Department of State; The Hon. Mark Palmer, 
Capital Development Company; Ms. Jennifer Windsor, Freedom 
House; Mr. Saad al-Din Ibrahim, Woodrow Wilson International 
Center for Scholars; and Mr. Edil Baisalov, Coalition for 
Democracy and Civil Society, Kyrgyzstan.
    The Subcommittee on Africa, Global Human Rights and 
International Operations held seven hearings on issues related 
to the bill, and the Subcommittee on Asia and the Pacific and 
the Subcommittee on Africa, Global Human Rights and 
International Operations held three joint hearings. These 
hearings are listed as follows:

        3/17/05--A Global Review of Human Rights: Examining the 
        State Department's 2004 Annual Report, Subcommittee on 
        Africa, Global Human Rights and International 
        Operations hearing (Witnesses: The Hon. Michael G. 
        Kozak, Acting Assistant Secretary, Bureau of Democracy, 
        Human Rights and Labor, U.S. Department of State; and 
        public witnesses.)

        4/14/05--Foreign Relations Authorization for FY 2005-
        2006: Department of State Management Initiatives, 
        Subcommittee on Africa, Global Human Rights and 
        International Operations hearing (Witnesses: The Hon. 
        Christopher B. Burnham, Acting Under Secretary for 
        Management, U.S. Department of State; and Ms. Louise 
        Crane, Vice President, American Foreign Service 
        Association.)

        4/28/05--The North Korean Human Rights Act of 2004: 
        Issues and Implementation, joint hearing of the 
        Subcommittee on Asia and the Pacific and the 
        Subcommittee on Africa, Global Human Rights and 
        International Operations (Witnesses: The Hon. Joseph E. 
        DeTrani, Special Envoy for the Six-Party Talks, U.S. 
        Department of State; The Hon. Arthur E. Dewey, 
        Assistant Secretary, Bureau of Population, Refugees and 
        Migration, U.S. Department of State; Ms. Gretchen A. 
        Birkle, Acting Principal Deputy Assistant Secretary, 
        Bureau of Democracy, Human Rights and Labor, U.S. 
        Department of State; and public witnesses.)

        5/12/05--Foreign Relations Authorization for FY2006-
        2007: Embassy and Border Security, Subcommittee on 
        Africa, Global Human Rights and International 
        Operations hearing (Witnesses: Mr. Gregory B. Starr, 
        Deputy Assistant Secretary for Countermeasures, Bureau 
        of Diplomatic Security, U.S. Department of State; Maj. 
        Gen. Charles E. Williams, USA (Ret.), Director, Bureau 
        of Overseas Buildings Operations, U.S. Department of 
        State; and Mr. Dan Smith, Principal Deputy Assistant 
        Secretary, Bureau of Consular Affairs, U.S. Department 
        of State.)

        10/27/05--Lifting the Veil: Getting the Refugees Out, 
        Getting Our Message In: An Update on the Implementation 
        of the North Korea Human Rights Act, Joint Hearing of 
        the Subcommittee on Asia and the Pacific and the 
        Subcommittee on Africa, Global Human Rights and 
        International Operations hearing (Witnesses: Ms. Kelu 
        Chao, Associate Director for Language Programming, 
        Voice of America; Mr. Daniel Southerland, Vice 
        President for Programming, Radio Free Asia; and public 
        witnesses.)

        11/15/05--In Defense of Human Dignity: The 2005 
        International Religious Freedom Report, Subcommittee on 
        Africa, Global Human Rights and International 
        Operations hearing (Witnesses: The Hon. John V. Hanford 
        III, Ambassador-at-Large for Office of International 
        Religious Freedom, U.S. Department of State; Michael 
        Cromartie, Ph.D., Chair, U.S. Commission on 
        International Religious Freedom; and public witnesses.)

        3/16/06--Monitoring Respect for Human Rights Around the 
        World: A Review of the Country Reports on Human Rights 
        Practices for 2005,Subcommittee on Africa, Global Human 
        Rights and International Operations hearing (Witnesses: 
        The Hon. Barry Lowenkron, Assistant Secretary of State, 
        Bureau of Democracy, Human Rights and Labor, U.S. 
        Department of State; and public witnesses.)

        4/27/06--North Korea: Human Rights Update and 
        International Abduction Issues, joint hearing of the 
        Subcommittee on Asia and the Pacific and the 
        Subcommittee on Africa, Global Human Rights and 
        International Operations (Witnesses: The Hon. Jay 
        Lefkowitz, Special Envoy for Human Rights in North 
        Korea, U.S. Department of State; and public witnesses.)

        5/10/06--Current Issues in U.S. Refugee Protection and 
        Resettlement, Subcommittee on Africa, Global Human 
        Rights and International Operations hearing (Witnesses: 
        The Hon. Ellen R. Sauerbrey, Assistant Secretary, 
        Bureau of Population, Refugees and Migration, U.S. 
        Department of State; Ms. Rachel Brand, Assistant 
        Attorney General, for the Office of Legal Policy, U.S. 
        Department of Justice; Mr. Paul Rosenzweig, Acting 
        Assistant Secretary for Policy Development, U.S. 
        Department of Homeland Security; Mr. Michael Cromartie, 
        Chair, U.S. Commission on International Religious 
        Freedom; Mr. Tad Stahnke, Deputy Director for Policy, 
        U.S. Commission on International Religious Freedom; and 
        public witnesses.)

        6/30/06--The Plight of Religious Minorities: Can 
        Religious Pluralism Survive?, Subcommittee on Africa, 
        Global Human Rights and International Operations 
        hearing (Witnesses: The Hon. Henry J. Hyde, Member of 
        Congress; The Hon. John V. Hanford III, Ambassador-at-
        Large for Office of International Religious Freedom, 
        U.S. Department of State; Ms. Nina Shea, Vice Chair, 
        U.S. Commission on International Religious Freedom; and 
        public witnesses.)

                        Committee Consideration

    On September 13, 2006, the Committee met in open session 
and ordered favorably reported the bill, H.R. 6060, without 
amendment, by unanimous consent, a quorum being present.

                         Votes of the Committee

    No votes on the bill were taken.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 6060, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:
                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 25, 2006.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6060, the 
Department of State Authorities Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte, who can be reached at 226-2840.
            Sincerely,
                         Donald B. Marron, Acting Director.
Enclosure

cc:
        Honorable Tom Lantos
        Ranking Member
H.R. 6060--Department of State Authorities Act of 2006.

                                SUMMARY

    H.R. 6060 would revise the pay structure for the Foreign 
Service and modify several other administrative authorities of 
the Department of State. CBO estimates that implementing the 
bill would cost $570 million over the 2007-2011 period, 
assuming appropriation of the necessary amounts. Enacting the 
legislation would not significantly affect direct spending or 
receipts.
    H.R. 6060 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA) because provisions 
extending diplomatic privileges and immunities to three new 
entities and their members would preempt certain state and 
local laws. CBO estimates that the cost to state and local 
governments, in the form of lost tax revenues and increased law 
enforcement costs, would be small and would not exceed the 
annual threshold established in UMRA ($64 million in 2006, 
adjusted annually for inflation).
    H.R. 6060 would also authorize the Secretary of State to 
increase the dollar amounts of certain surcharges related to 
consular services. Currently, the Department of State does not 
plan to raise those surcharges, and thus, CBO expects that this 
bill would impose no mandate on the private sector in the near 
term.
    However, if the Secretary determines that the surcharges 
should be raised, such an increase would impose a private-
sector mandate as defined in UMRA on individuals who apply for 
passports or immigrant visas. Because CBO cannot predict when 
or in what amount the department might increase those 
surcharges in the future, we have no basis for estimating 
whether the bill would impose private-sector mandates with 
costs that exceed the annual threshold established by UMRA 
($128 million in 2006, adjusted annually for inflation).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 6060 is shown in 
Table 1. The costs of this legislation fall within budget 
functions 150 (international affairs) and 750 (administration 
of justice).

             TABLE 1. BUDGETARY IMPACT OF H.R. 6060, THE DEPARTMENT OF STATE AUTHORITIES ACT OF 2006
----------------------------------------------------------------------------------------------------------------
                                                                   By Fiscal Year, in Millions of Dollars
                                                           -----------------------------------------------------
                                                              2006     2007     2008     2009     2010     2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law                                    4,828        0        0        0        0        0
  Budget Authority\1\
  Estimated Outlays                                           5,141    1,845      844      459      174       44

Proposed Changes                                                  0       37      104      138      143      147
  Estimated Authorization Level
  Estimated Outlays                                               0       35      104      140      143      147

Spending Under H.R. 6060                                      4,828       37      104      138      143      147
  Estimated Authorization Level\1\
  Estimated Outlays                                           5,141    1,880      948      599      317      191

CHANGES IN DIRECT SPENDING
Estimated Budget Authority                                        0        *        *        *        *        *
Estimated Outlays                                                 0        *        *        *        *        *

CHANGES IN REVENUES
Estimated Revenues                                                0        *        *        *        *        *
----------------------------------------------------------------------------------------------------------------
NOTE: * = less than $500,000.
\1\The 2006 level is the amount appropriated for that year for Diplomatic and Consular Programs and Assistance
  for the Independent States of the Former Soviet Union.

                           BASIS OF ESTIMATE

    Most of the bill's budgetary impact would stem from pay 
reform for the Foreign Service. The bill also contains several 
provisions that would affect direct spending and revenues by 
less than $500,000 a year.
    For this estimate, CBO assumes that this legislation will 
be enacted near the start of fiscal year 2007, that the amounts 
necessary to implement the bill will be appropriated for each 
year, and that outlays will follow historical spending patterns 
for similar programs.
Spending Subject to Appropriation
    CBO estimates that H.R. 6060 would authorize the 
appropriation of $37 million in 2007 and $570 million over the 
2007-2011 period (see Table 2).

                      TABLE 2. CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 6060
----------------------------------------------------------------------------------------------------------------
                                                                        By Fiscal Year, in Millions of Dollars
                                                                    --------------------------------------------
                                                                       2007     2008     2009     2010     2011
----------------------------------------------------------------------------------------------------------------
Locality-based Pay Adjustments                                            32       99      136      141      145
  Estimated Authorization Level
  Estimated Outlays                                                       32       99      136      141      145

Maternal and Prenatal Care                                                 3        3        0        0        0
  Estimated Authorization Level
  Estimated Outlays                                                        1        3        2        0        0

Education Allowances                                                       2        2        2        2        2
  Estimated Authorization Level
  Estimated Outlays                                                        2        2        2        2        2

  Total Changes in Spending Subject to Appropriation Under H.R.           37      104      138      143      147
 6060
  Estimated Authorization Level
  Estimated Outlays                                                       35      104      140      143      147
----------------------------------------------------------------------------------------------------------------

    Locality-based Pay Adjustments. Sections 14, 15, and 16 
would amend current law to allow the State Department to 
increase pay for Foreign Service officers posted overseas to 
compensate for the loss of locality pay. Based on information 
from the department about how the pay reform would be phased 
in, CBO estimates such locality-based pay adjustments would 
cost about $32 million in 2007, $99 million in 2008, and an 
average of $141 million a year over the 2009-2011 period, 
assuming appropriation of the necessary funds.
    Maternal and Prenatal Care. Section 13 would authorize the 
appropriation of such sums as may be necessary for the Republic 
of Belarus and Ukraine to improve maternal and prenatal care to 
help prevent birth defects and complications in pregnancy 
related to the Chernobyl disaster. Based on the cost of similar 
programs, CBO estimates that this provision would cost about $3 
million in both 2007 and 2008.
    Education Allowances. Section 3 would authorize payments 
for certain educational expenses of dependent children of 
Foreign Service employees posted overseas. Based on information 
from the department, CBO estimates implementing this provision 
would cost about $2 million annually.
Direct Spending and Revenues
    CBO estimates that several provisions in H.R. 6060 would 
affect direct spending and revenues by less than $500,000 a 
year.
    Passport and Visa Fees. Three sections of the bill would 
affect passport and visa fees. Section 2 would broaden the 
department's authority to use fees collected for certain non-
immigrant visa categories to investigate fraud in other visa 
categories (it would not affect the collection of fees). 
Information from the Department of State indicates that it 
spends all the fees in the same year they are collected (about 
$32 million a year). Therefore, CBO estimates that this 
provision would not increase spending.
    Section 7 would grant the Secretary of State the discretion 
to waive passport execution and issuance fees for humanitarian 
reasons or law enforcement purposes. Under current law, 
passport fees range from $67 to $97, and all but $18 of such 
fees are recorded as revenues. Based on information from the 
department, CBO expects that implementing this bill would not 
significantly increase the number of applicants eligible for 
fee waivers.
    Section 8 would authorize the Secretary of State to 
administratively increase the dollar amount of certain 
surcharges on passport and immigrant visa fees. Under current 
law, the department imposes a $12 surcharge on passport fees 
and a $45 surcharge on immigrant visa fees. Receipts from those 
surcharges are recorded as offsetting collections (that is, 
offsets to outlays) and are used by the department for spending 
related to border security. The department has no current plans 
to raise these surcharges, and CBO has no basis for estimating 
when or in what amount changes might be made. Ultimately, a 
change would have little impact on net outlays because any 
increase in the surcharges would be offset by a corresponding 
increase in spending.
    Criminal Penalties. Section 5 would raise governmental 
receipts (revenues) by establishing new criminal penalties that 
would be assessed against persons interfering with the 
protective functions of special agents of the State Department. 
CBO estimates that the increase in revenues would not be 
significant in any year. Collections of criminal fines are 
deposited in the Crime Victims Fund and are later spent. CBO 
estimates that the criminal penalties that would be established 
under the bill would increase direct spending from the Crime 
Victims Fund by less than $500,000 per year.
    Diplomatic Immunity. Section 9 would extend diplomatic 
privileges and immunities to the African Union Mission, the 
Bank of International Settlements, and the Permanent Observer 
Mission of the Holy See to the United Nations. Under current 
law, international organizations and their employees that enjoy 
diplomatic privileges and immunities are exempt from paying 
property taxes, customs duties, and internal revenue taxes on 
imports, and from certain judicial proceedings. CBO estimates 
that a small number of people and properties would benefit from 
this provision, and that the forgone taxes, duties, fines, and 
criminal penalties would be less than $500,000 a year.
    Palazzo Corpi Building. Section 10 of the bill would allow 
the Department of State to sell the historic Palazzo Corpi 
building in Istanbul, which is now vacant and does not meet 
current safety standards for United States consulates. Under 
current law, any proceeds from the sale of buildings overseas 
are retained by the department as offsetting collections and 
used for the maintenance and construction of embassies or 
consulates. According to the department, a 2005 assessment 
estimated the building could fetch $4 million, but the 
department has no plans to sell the building. Therefore, CBO 
estimates that this provision would not affect direct spending.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 6060 contains an intergovernmental mandate as defined 
in UMRA because provisions extending diplomatic privileges and 
immunities to three new entities and their members would 
preempt certain state and local laws. Under current law, 
organizations and individuals with such protections are exempt 
from paying state and local sales, property, and use taxes. In 
addition, those individuals may be immune from prosecution or 
fines by state and local law enforcement authorities and may 
require additional police protection in certain circumstances. 
Because the number of people and properties that would benefit 
from those protections is small, CBO estimates that the cost to 
those governments, in the form of lost tax revenues and 
increased law enforcement costs, would be small and would not 
exceed the annual threshold established in UMRA ($64 million in 
2006, adjusted annually for inflation).

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 6060 would authorize the Secretary of State to 
increase the dollar amounts of certain surcharges related to 
consular services in support of increased border security that 
are in addition to current passport and immigrant visa fees. 
Currently, the Department of State does not plan to raise these 
surcharges, and thus, CBO expects that this bill would impose 
no mandate on the private sector in the near term.
    However, if the Secretary determines that the surcharges 
should be raised, such an increase would impose a private-
sector mandate as defined in UMRA on individuals who apply for 
passports or immigrant visas. Because CBO cannot predict when 
or in what amount the department might increase those 
surcharges in the future, we have no basis for estimating 
whether the bill would impose private-sector mandates with 
costs that exceed the annual threshold established by UMRA 
($128 million in 2006, adjusted annually for inflation). 
Receipts from those surcharges are estimated to be less than 
$300 million in 2007, so it would require a significant 
increase in those surcharges to reach that threshold.

                         PREVIOUS CBO ESTIMATE

    On July 1, 2005, CBO transmitted a cost estimate for H.R. 
2601, the Foreign Relations Authorization Act, Fiscal Years 
2006 and 2007, as ordered reported by the House Committee on 
International Relations on June 9, 2005. Sections 305 and 909 
of H.R. 2601 are similar to sections 16 and13 of H.R. 6060, but 
the estimated budget impact differs due to the later enactment 
date assumed for H.R. 6060 and more recent information from the 
State Department. Section 301 of H.R. 2601 is identical to 
section 3 of H.R. 6060, as are their estimated costs.
    On March 18, 2005, CBO transmitted a cost estimate for S. 
600, the Foreign Affairs Authorization Act, Fiscal Years 2006 
and 2007, as ordered reported by the Senate Committee on 
Foreign Relations on March 10, 2005. Sections 201 and 301 of S. 
600 are identical to sections 5 and 3 of H.R. 6060, as are 
their estimated costs.

                    Performance Goals and Objectives

    The goals and objectives of this legislation are to 
authorize certain activities by the United States Department of 
State.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, of the Constitution.

               Section-by-Section Analysis and Discussion

              DEPARTMENT OF STATE AUTHORITIES ACT OF 2006

Section 1. Short title.
    Section 1 provides that the short title of the Act is the 
Department of State Authorities Act of 2006 and also provides 
the table of contents.
Section 2. Fraud prevention and detection account.
    This section provides enhanced flexibility to certain State 
Department fraud prevention and detection programs. The H-1B 
Visa Reform Act of 2004, part of the FY 2005 Consolidated 
Appropriations Act (Public Law 108-447, Division J, sec. 426), 
imposed a $500 fraud prevention fee to be collected by the 
Department of Homeland Security at the time H-1B visa petitions 
and L-1 individual visa petitions are filed, and by consular 
posts from applicants who are beneficiaries of L-1 blanket visa 
petitions. The Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terrorism and Tsunami Relief (Public 
Law 109-13, Div. B, Title IV, sec. 403) imposed a $150 fraud 
prevention fee to be collected by the Department of Homeland 
Security at the time H-2B petitions are filed. (H and L visas 
are designed for aliens who come temporarily to the United 
States to perform services in certain occupations and to work 
in certain managerial, executive and specialty jobs.) Funds 
generated by the combined fees are to be made available evenly 
(one-third each) to the Department of Homeland Security, the 
Department of Labor and the Department of State and used to 
enhance efforts to detect and prevent H-1B, H-2B and L visa 
fraud.
    The current language, Section 286(v)(1)&(2)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1356(v)(1)&(2)(A)), 
limits the Secretary of State's use of these fees. Under the 
current language, the funds may be used only for activities 
devoted to H and L visa fraud. Since fraud issues are not so 
discreet, this section provides authority to use the fees 
primarily on H and L visa fraud, but would also permit the use 
of the fees for other types of visa fraud. Allowing an expanded 
use of the funds will assist the Department in developing a 
system that concentrates on H and L visa fraud, but will 
potentially reduce fraud among all visa classifications and 
disrupt terrorist travel.
Section 3. Education allowances.
    This section amends Section 5924(4) of title 5 of the 
United States Code concerning government employees. These 
proposed changes to the education allowance for overseas 
employee dependents would: (1) allow for travel to the United 
States for children in kindergarten through 12th grade when 
schools at post are not adequate; (2) allow for educational 
travel to a school outside the United States for children at 
the secondary and college level; and (3) allow the option of 
storing a child's personal effects near the school during his 
or her trip to post, rather than transporting the effects back 
and forth.
Section 4. Protection of refugees from North Korea.
    This section amends P.L. 108-333, the North Korean Human 
Rights Act of 2004 (``NKHRA''). Subsection (a) ensures that the 
Special Envoy on Human Rights in North Korea has a continuing 
role in helping to coordinate United States policy toward North 
Korean refugees. Although the Special Envoy was always intended 
to be involved in such deliberations, that role was 
inadvertently left out of the listings of the Envoy's 
responsibilities in Section 107 of the NKHRA.
    Subsection (b) directs that annual reports on immigration 
by North Korean refugees and defectors (required for five years 
by NKHRA Section 305) include a description of U.S. efforts to 
facilitate the submission of U.S. refugee applications by North 
Koreans, including country-specific information on U.S. 
diplomatic efforts in East and Southeast Asia. Persistence by 
American officials will be required to secure from nations in 
the region the cooperation necessary to permit the United 
States to process North Korean refugees within their borders. 
This section is intended to assist the Congress in tracking 
that progress.
Section 5. Interference with protective functions.
    This section makes it a crime to knowingly and willfully 
obstruct, resist, or interfere with Diplomatic Security agents 
involved in their protective duties. The provision is modeled 
on a similar provision in the Federal criminal code with regard 
to interference with the protective duties conducted by the 
Secret Service. (18 U.S.C. 3056(d)).
Section 6. Incitement to acts of discrimination.
    This section amends the Foreign Assistance Act of 1961 to 
require the Secretary of State to expand reporting in the 
Department's annual Country Reports on Human Rights Practices 
to include in reports, when applicable, for each country a 
description of the nature and extent of propaganda in foreign 
government and foreign government-controlled media and other 
sources that attempt to justify or promote racial hatred or 
incite acts of violence against any race or people and a 
description of the actions, if any, taken by that government to 
eliminate such propaganda. To improve the capacity of State 
Department personnel in fulfilling the requirements of this 
section, the Committee recommends that instruction in 
identifying, combating, and repudiating anti-Semitic rhetoric 
and incitement be provided as part of the training for members 
of the Foreign Service.
Section 7. Persons excused from payment of fees for execution and 
        issuance of passports.
    This section would permit passport fees not to be charged 
in humanitarian cases abroad where Americans are unable to pay 
for emergency passports to return to the United States (e.g., 
mass natural disasters, like the Tsunami of Christmas 2004, 
civil war, insurrections, etc.). American citizens caught in 
such foreign disasters may lack the financial means to pay for 
passports to return home because the crisis has removed them 
from their daily support systems. During a crisis, the primary 
duty of the United States Government to its citizens is to 
remove them from the danger as expeditiously as possible. 
Humanitarian cases would also include victims of crime overseas 
who are seeking to return to the United States. The provision 
also would permit a waiver of the passport fee for law 
enforcement purposes, such as witness travel or the return of 
an abducted child.
    An assessment by the State Department suggests that 
recovering the cost of the passport at a later time is resource 
intensive and it would generally be more cost effective to 
simply waive the fee in such circumstances.
Section 8. Authority to administratively amend surcharges.
    This section allows the Secretary of State to adjust fee 
levels for passports and immigrant visas administratively in 
keeping with the practice followed for other fees collected by 
the Department.
Section 9. Extension of privileges and immunities.
    This section would give the President authority to extend 
privileges and immunities to the African Union's newly 
established diplomatic Mission to the United States in 
Washington, D.C. , and to the members of that Mission, that are 
equivalent to those enjoyed by the bilateral diplomatic 
missions of foreign States and their diplomatic staff. Should 
the President exercise this authority, it will afford the 
African Union's Mission to the United States a status 
equivalent to that enjoyed by the Mission of the European 
Commission on behalf of the European Union.
    This section also would designate the Bank for 
International Settlements (``BIS'') as an international 
organization under the International Organizations Immunities 
Act (``IOIA''), thus allowing the President to extend 
appropriate immunities to the BIS. The BIS is an international 
organization that functions as a bank for central banks and is 
owned exclusively by central banks. The Federal Reserve 
formally joined the BIS board of directors in 1994. Because the 
BIS is indirectly owned by more than one foreign government, 
the immunities granted by the Foreign Sovereign Immunities Act 
are not available to the BIS absent a specific act of Congress 
under the framework established by the IOIA for international 
organizations. An extension of immunity to the BIS in 
accordance with the provisions of the IOIA would provide 
protection of its assets held in the U.S. equivalent to the 
protection currently enjoyed by the European Central Bank and 
other international financial institutions, such as the 
International Monetary Fund and the World Bank.
    Finally, this section would give the President authority to 
extend privileges and immunities to the Holy See's Observer 
Mission to the United Nations, and to the members of the 
mission, equivalent to those enjoyed by the United Nations 
(``UN'') missions of member states and their diplomatic staff. 
The Holy See is the only non-member state that maintains a 
permanent observer mission to the UN. Since the Holy See is 
active in UN affairs but believes it cannot take on all the 
obligations of membership, the UN has acted to place it in a 
position as close as possible to that of a member state. 
Consistent with this effort, the Holy See has asked the United 
States to place its Observer Mission and its staff on an equal 
footing with those of UN member state missions with respect to 
privileges and immunities. This section will enable the United 
States to grant that request and demonstrate our commitment to 
a close, bilateral partnership with the Holy See. Given the 
unique character of the Holy See among sovereign states and the 
fact that it is now the only state to maintain an observer 
mission to the UN, the proposed extension of privileges and 
immunities to its observer mission and its members will not 
establish a precedent on which any other non-member states, 
non-state entities or organizations who maintain UN observer 
missions could base a request for similar treatment.
Section 10. Property disposition.
    This section would allow the Secretary of State to use 
discretion as to whether to retain ownership of the Palazzo 
Corpi building located in Istanbul, Turkey. Despite known 
security risks, current law mandates that the Secretary of 
State retain ownership of the building for the purpose of 
maintaining the International Center for Middle Eastern-Western 
Dialogue at such location due to the building's historic 
nature. Recognizing that the Palazzo Corpi does not meet 
security standards that it has been a terrorist target numerous 
times in the past, and the Department of State has indicated it 
cannot ensure the safety and security of the staff and visitors 
to this location, the Secretary should be allowed to properly 
dispose of this property .
Section 11. Services for children with autism at overseas missions.
    This section requires the Secretary of State to conduct a 
study in countries where the U.S. has at least one mission to 
determine the availability of programs that address the needs 
of children with autism and to provide a report of the study to 
Congress within 30 days of completion of the study. This report 
will include the estimated number of incidences of autism among 
dependents of Foreign Service Officers and Specialists, and an 
analysis of the possibility of establishing ``Educational 
Centers of Excellence'' for such dependents.
    According to the Centers for Disease Control, autism is 
growing rapidly in the United States and worldwide. There is no 
known cure for autism, and little is known about its causes, 
although much promising research is being conducted. While the 
State Department's Office of Medical Services does make an 
allowance available for Foreign Service Officers to cover 
certain costs associated with addressing autism in dependents, 
including speech therapy, occupational therapy, and special 
education services, there are concerns about whether these 
allowances will be effectively used if only speech therapists 
who are English-speaking and pediatric occupational therapists 
skilled in treating the sensory integration disorder which is 
common in autistic children are available to be hired 
privately. The net effect is that Foreign Service Officers with 
autistic children can serve in only a limited number of 
overseas posts (such as the UK, Australia, and Brussels) when 
their children are young and intervention needs are high. With 
the growing number of autistic children and the need for 
Foreign Service Officers to be available for worldwide service, 
the Department must look at alternatives. The difficulty of 
frequent moves and the social turmoil that goes with it are the 
same for those in the Foreign Service as in the military. 
Therefore, the Department should coordinate closely with the 
Department of Defense (DoD) to examine the provision of autism 
services at DoD overseas schools or other possible mechanisms.
Sec. 12. Removal of contracting prohibition.
    This section provides certain limited flexibility in the 
Department's contracting authority. Section 406(c) of the 
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (P.L. 
99-399) states that, ``No person doing business with Libya may 
be eligible for a contract awarded pursuant to this Act.'' This 
provision currently would prohibit the Department from 
contracting with construction or architectural firms doing 
business with Libya. The Department seeks relief from this 
prohibition in order to undertake near-term activities, such as 
refurbishing and maintaining the current Embassy location in 
Tripoli, as well as beginning the preparations to build a new 
embassy compound.
Section 13. Assistance for maternal and prenatal care for certain 
        individuals of Belarus and Ukraine involved in the cleanup of 
        the Chernobyl disaster.
    This section authorizes such sums as may be necessary from 
Freedom Support Act funds for each of Fiscal Years 2006 and 
2007 to improve maternal and prenatal care for the victims in 
Belarus and Ukraine involved in the cleanup of the region 
affected by the Chernobyl nuclear disaster.
    Nearly 20 years after the Chernobyl disaster, there is a 
large increase in chromosomal damage and birth defects now 
affecting the new generation in Belarus and Ukraine. A number 
of health studies have indicated spikes in chromosome damage as 
high as seven-fold. This is particularly the case among the 
more than 600,000 emergency workers, firefighters, miners and 
construction workers who were exposed to exceedingly high 
levels of radiation during the 1986 cleanup effort. Parents in 
the affected region are still being exposed to radioactive 
fallout as well.
    With respect to certain types of birth defects (e.g., 
respiratory distress, anemia, severe cleft palates and facial 
deformities, missing digits or limbs, damaged, missing or 
malformed critical organs and certain types of telltale cardiac 
defects linked to radiation exposure), pregnant mothers can be 
monitored and prenatal care can bolster the mother's ability to 
carry the child to term, and the child's ability to increase in 
weight. Training of medical personnel helps improve prenatal 
care, and for congenital heart defects, the condition can be 
detected in utero, monitored and preparations made for surgical 
intervention after birth.
    In this fragile transition period, it is important for the 
United States to foster goodwill towards the people of Belarus 
and Ukraine. Furthermore, it is important to demonstrate 
support for the new democratic government in Ukraine not only 
with economic and political support, but also by meeting 
tangible social and health needs.
Section 14. Foreign Service pay for performance system.
    This section, along with sections 15, 16 and 17, 
establishes a pay for performance system for Foreign Service 
members with the rank of 01 and below. The Senior Foreign 
Service already participates in a pay for performance plan as 
mandated in previously enacted law (Section 412(a)(2) P.L.108-
447, Div. B). This section replaces ``within class salary 
increases'' for junior officers with a requirement that, upon 
the introduction of the new Foreign Service Schedule in April 
2008, any further adjustments in pay are tied to individual 
performance rather than to longevity of service. Specifically, 
it directs the Secretary of State to pay to each member of the 
Service an adjustment taking into account ``individual 
performance, contribution to the mission of the Department, or 
both, under a rigorous performance management system that makes 
meaningful distinctions based on relative performance and that 
clearly links individual pay and performance under precepts 
prescribed by the Secretary.'' It is the understanding of the 
Committee that those foreign affairs agencies that utilize 
selection boards for promotions will extend that process for 
pay for performance salary adjustments, thereby preserving the 
crucial link between the selections boards and the promotion 
and monetary rewards system that underpins the modern Foreign 
Service. Poor performers would get no increase in pay (but 
would not be subject to pay decreases). As with the Senior 
Foreign Service, the pay for performance planned for the 
Foreign Service would utilize multiple levels of performance 
distinctions. Performance-based adjustments are expected to be 
made at least once in any 12-month period.
    This section also provides a number of employee 
protections. It specifically guarantees a minimum funding pool 
for performance-based pay adjustments to ensure that, in the 
aggregate, employees are not disadvantaged by conversion to the 
new pay system. It authorizes existing selection boards to rank 
order employees for the purpose of recommending pay for 
performance salary adjustments, and requires agencies that use 
selection boards for pay for performance to follow the 
selection board rankings in allocating salary increases, except 
in special circumstances. For purposes of the Foreign Service 
Act of 1980 only, the phrase, ``sole and exclusive,'' as used 
in this section's amendments to Chapter 4 of the Act and in the 
transition authorities provided in Sections 15 and 16 of this 
Act, provides the agency head sole discretion to make pay 
determinations under the pay for performance system. It does 
not impact the negotiation of procedures (such as pay for 
performance precepts) and appropriate arrangements for 
adversely affected employees with the employees' exclusive 
representative, the American Foreign Service Association 
(AFSA).
    Subsection (a) explains the purposes of this section.
    Subsection (b) amends section 403 of the Foreign Service 
Act of 1980, providing that the President shall establish a 
Foreign Service Schedule which shall consist of 9 salary 
classes for U.S. citizens who are members of the Foreign 
Service. The Committee expects that the Schedule will consist 
of a minimum and a maximum salary rate for each class and that 
the President will annually review and alter the schedule so 
that the minimum rate for each class increases at a rate 
comparable to the General Schedule under section 5303 of Title 
5 of the United States Code. The new section 403(b) merely 
clarifies that salary rates for individuals within each class 
are set in accordance with the new section 406 (added by 
subsection (c)).
    Subsection (c) adds section 406 of the Foreign Service Act 
to provide for how salaries are set for the individual members 
of the Service. Under the new section 406(a), the Secretary 
shall set such salaries based on individual performance and 
contribution to the mission of the Department under a rigorous 
performance management system that makes meaningful 
distinctions based on relative performance and clearly links 
individual pay and performance under precepts prescribed by the 
Secretary. As described above, the statutory scheme calls for 
those precepts to be negotiated with appropriation Foreign 
Service representatives and to be applied in accordance with 
title 6 of the Foreign Service Act, which provides for 
selection boards. In any case, the Committee does not intend 
that the Secretary use the authority provided in this section 
to decrease salary rates for low performers.
    Subsection (b) of the new 406 authorizes the Secretary to 
provide for equal basic salary adjustments for career 
candidates or other members of the service who have not been 
reviewed by selection boards but meet performance standards. 
The Committee notes that the Peace Corps does utilize the 
Foreign Service Act, but in a unique manner. The Peace Corps 
employees who serve abroad are, with a few exceptions, non-
career Foreign Service limited appointees who generally serve 
not more than five years. The Committee does not intend that 
the new pay for performance system provided for in this bill 
would apply to such employees, particularly since Peace Corps 
does not utilize selection boards. The Committee expects that 
Peace Corps would be able to provide high performing employees 
with salaries competitive with other Foreign Affairs agencies 
that will be utilizing the new system.
    Subsection (c) of the new section 406 provides for the 
funding pool for salary increases described above. While 
generating a precise formula for this pool is difficult, the 
Committee intends that the pool should include the amount that 
would have been available under 406(a) of the Foreign Service 
Act of 1980 as provided for prior to the effective date of the 
new section 406, including amounts sufficient to fund within-
class step increases and increases in salary rates pursuant to 
section 5303 of title 5, United States Code. The new paragraph 
(3) clarifies that, irrespective of what increases in basic 
salary rate are provided, no member of the service who falls 
below the standards of performance should have a salary 
increase. As described above, however, the Committee does not 
believe that such person should have his or her salary 
decreased.
Section 15. Pay for performance interim schedule.
    This section provides transitional authorities to the 
Secretary of State for use during the interim period before 
April 2008 when the new Foreign Service Schedule is 
established. It contains provisions that govern the conversion 
of employees to the new schedule, and it provides for a one-
year transition period from the current 14-step system. It also 
gives the Secretary authority to establish transitional rules 
that prevent a reduction in a member's rate of pay by reason of 
conversion to the new system, among other measures that are to 
be applied to provide for a smooth transition. While subsection 
(b) provides some discretion to the President to adjust the 
increased interim rate, the Committee expects that the 
President shall set the interim rate as close to 9 percent as 
possible and, in the case of any reduction, shall consult 
closely with the Committee before exercising this authority.
Section 16. Uniform compensation for worldwide service.
    This section provides for uniform compensation for 
worldwide service by April 2008. It eliminates the disparity in 
pay between Washington, D.C. based employees who receive 
additional compensation due to locality pay and those serving 
overseas who do not. The Washington, D.C. locality pay can 
result in as much as a 17.5% pay differential. Since this is a 
substantial pay increase for approximately 7,000 overseas 
personnel, the adjustment will be phased in over 2 years. The 
Congressional Budget Office estimates that the cost in FY 2007 
will be $32 million, in FY 2008 will be $99 million and an 
average of $141 million in subsequent years. The discrepancy 
has skewed incentives to serve overseas. The section provides 
for pay conversion and establishes temporary rules for the 
period leading up to April 2008 as the transition takes place.
Section 17. Technical and conforming amendments.
    This section contains conforming amendments to the Foreign 
Service Act. Subparagraph (a)(1) adds the term, ``sole and 
exclusive discretion,'' and reference to precepts prescribed by 
the Secretary to section 402(a)(2) for consistency with new 
section 406. Subsection (a)(2) removes reference in 602 of the 
Foreign Service Act to the sunset ``step'' concepts and amends 
section 602 to provide that selection boards established by the 
Secretary shall make recommendations for approvals and denials 
of pay for performance adjustments. Personnel systems not 
otherwise utilizing selection boards under Section 602, such as 
the Peace Corps, would not be affected by the proposed change 
to Section 602. Subsection (3) amends section 605 of the 
Foreign Service Act regarding the implementation of selection 
board recommendations to include pay for performance salary 
adjustments under sections 402(a)(2) and 406(a). Subparagraphs 
(4) and (5) sunset the application of overseas ``virtual 
locality pay'', which no longer will be required after full 
implementation of the global pay scale in April 2008. However, 
virtual locality pay in effect before the establishment of the 
new Foreign Service Schedule will continue to be used in 
computing annuities for employees who retire after the new 
Foreign Service Schedule takes effect.
Section 18. Dual gateway policy of the Government of TheRepublic of 
        Ireland.
    This section provides for an economic impact study by the 
Secretary of State, in consultation with other appropriate 
agencies, of the dual gateway policy of the Government of the 
Republic of Ireland. This policy requires air carriers serving 
Ireland's Dublin Airport from the United States to undertake an 
almost equal number of flights to Ireland's Shannon Airport. 
The study is to determine the effects, which a discontinuation 
of such a policy would have on the large number of U.S. 
businesses, as well as Irish businesses, operating in western 
Ireland.
Section 19. Personal services contracting program.
    This section amends the Foreign Relations Authorization 
Act, Fiscal Year 2003, PL 107-228, to make the Personal 
Services Contracting Program for the International Broadcasting 
Bureau a permanent program. The program allows the Bureau to 
respond to new or emerging broadcast needs or to augment 
broadcast services. The amendment expands the types of 
professionals who can participate in the program to 
``broadcasting specialists,'' and increases the number of those 
who can be employed at any one time as personal service 
contractors from 60 to 100.
Section 20. Worldwide availability.
    This provision amends the Foreign Service Act to change the 
statutory basis of the Department of State's requirement for 
worldwide availability for new entrants to the Foreign Service.

                        New Advisory Committees

    H.R. 6060 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H.R. 6060 does not apply to the legislative branch.

                            Federal Mandates

    H.R. 6060 provides no Federal mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT

TITLE II--IMMIGRATION

           *       *       *       *       *       *       *

CHAPTER 9--Miscellaneous

           *       *       *       *       *       *       *

   DISPOSITION OF MONEYS COLLECTED UNDER THE PROVISIONS OF THIS TITLE

Sec. 286. (a) * * *

           *       *       *       *       *       *       *

  (v) Fraud Prevention and Detection Account.--
          (1) * * *

           *       *       *       *       *       *       *

          (2) Use of fees to combat fraud.--
                  (A) Secretary of state.--One-third of the 
                amounts deposited into the Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of State until expended for programs 
                and activities at United States embassies and 
                consulates abroad--
                          (i) to increase the number diplomatic 
                        security personnel assigned exclusively 
                        or primarily to the function of 
                        preventing and detecting fraud by 
                        applicants for visas described in 
                        subparagraph (H)(i), (H)(ii), or (L) of 
                        section 101(a)(15);
                          [(ii) otherwise to prevent and detect 
                        such fraud pursuant to the terms of a 
                        memorandum of understanding or other 
                        cooperative agreement between the 
                        Secretary of State and the Secretary of 
                        Homeland Security; and]
                          (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

           *       *       *       *       *       *       *

                              ----------                              

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *

PART III--EMPLOYEES

           *       *       *       *       *       *       *

Subpart D--Pay and Allowances

           *       *       *       *       *       *       *

CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *

SUBCHAPTER I--PAY COMPARABILITY SYSTEM

           *       *       *       *       *       *       *

Sec. 5302. Definitions

  For the purpose of this subchapter--
          (1) the term ``statutory pay system'' means a pay 
        system under--
                  (A) subchapter III, relating to the General 
                Schedule; or
                  [(B) section 403 of the Foreign Service Act 
                of 1980, relating to the Foreign Service of the 
                United States; or]
                  [(C)] (B) chapter 74 of title 38, relating to 
                the Veterans Health Administration (other than 
                a position subject to section 7451 of title 
                38);

           *       *       *       *       *       *       *

Sec. 5304. Locality-based comparability payments

  (a) * * *

           *       *       *       *       *       *       *

  (h)(1) For the purpose of this subsection, the term 
``position'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) a position within an Executive agency not 
                covered under the General Schedule or any of 
                the preceding subparagraphs, the rate of basic 
                pay for which is (or, but for this section, 
                would be) no more than the rate payable for 
                level IV of the Executive Schedule;
but does not include--
                  (i) * * *

           *       *       *       *       *       *       *

                  (v) a position in the Federal Bureau of 
                Investigation and Drug Enforcement 
                Administration Senior Executive Service under 
                section 3151; [or]
                  (vi) a position in a system equivalent to the 
                system in clause (iv), as determined by the 
                President's Pay Agent designated under 
                subsection (d)[.]; or
                          (vii) a position in the Foreign 
                        Service.

           *       *       *       *       *       *       *

CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

           *       *       *       *       *       *       *

SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *

Sec. 5753. Recruitment and relocation bonuses

  (a)(1) * * *
  (2) A bonus may not be paid under this section to an 
individual who is appointed to or who holds--
          (A) a position to which an individual is appointed by 
        the President, by and with the advice and consent of 
        the Senate, excluding members of the Foreign Service 
        other than chiefs of mission and ambassadors at large;

           *       *       *       *       *       *       *

Sec. 5754. Retention bonuses

  (a)(1) * * *
  (2) A bonus may not be paid under this section to an 
individual who is appointed to or who holds--
          (A) a position to which an individual is appointed by 
        the President, by and with the advice and consent of 
        the Senate, excluding members of the Foreign Service 
        other than chiefs of mission and ambassadors at large;

           *       *       *       *       *       *       *

CHAPTER 59--ALLOWANCES

           *       *       *       *       *       *       *

SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES

           *       *       *       *       *       *       *

Sec. 5924. Cost-of-living allowances

  The following cost-of-living allowances may be granted, when 
applicable, to an employee in a foreign area:
          (1) * * *

           *       *       *       *       *       *       *

          (4) An education allowance or payment of travel costs 
        to assist an employee with the extraordinary and 
        necessary expenses, not otherwise compensated for, 
        incurred because of his service in a foreign area or 
        foreign areas in providing adequate education for his 
        dependents (or, to the extent education away from post 
        is involved, official assignment to service in such 
        area or areas), as follows:
                  (A) An allowance not to exceed the cost of 
                obtaining such kindergarten, elementary and 
                secondary educational services as are 
                ordinarily provided without charge by the 
                public schools in the United States (including 
                such educational services as are provided by 
                the States under the Individuals with 
                Disabilities Education Act), plus, in those 
                cases when adequate schools are not available 
                at the post of the employee, board and room, 
                and periodic transportation between that post 
                and the school chosen by the employee, not to 
                exceed the total cost to the Government of the 
                dependent attending an adequate school in the 
                nearest United States locality where an 
                adequate school is available, without regard to 
                section of title 31. When travel from school to 
                post is infeasible, travel may be allowed 
                between the school attended and the home of a 
                designated relative or family friend or to join 
                a parent at any location, with the allowable 
                travel expense not to exceed the cost of travel 
                between the school and the post. The amount of 
                the allowance granted shall be determined on 
                the basis of the educational facility used.
                  [(B) The travel expenses of dependents of an 
                employee to and from a school in the United 
                States (or to and from a school outside the 
                United States if the dependent is attending 
                that school for less than one year under a 
                program approved by the school in the United 
                States at which the dependent is enrolled, with 
                the allowable travel expense not to exceed the 
                cost of travel to and from the school in the 
                United States) to obtain an American secondary 
                or postsecondary educational institution 
                education (other than a program of post-
                baccalaureate education), not to exceed one 
                annual trip each way for each dependent. At the 
                election of the employee, in lieu of the 
                transportation of the baggage of a dependent 
                from the dependent's school, the costs incurred 
                to store the baggage at or in the vicinity of 
                the school during the dependent's annual trip 
                between the school and the employee's duty 
                station may be paid or reimbursed to the 
                employee, except that the amount of the payment 
                or reimbursement may not exceed the cost that 
                the Government would incur to transport the 
                baggage. An allowance payment under 
                subparagraph (A) of this paragraph (4) may not 
                be made for a dependent during the 12 months 
                following his arrival in the United States for 
                secondary education under authority contained 
                in this subparagraph (B). Notwithstanding 
                section 5921(6) of this title, travel expenses, 
                for the purpose of obtaining postsecondary 
                educational institution education (other than a 
                program of post-baccalaureate education), may 
                be authorized under this subparagraph (B), 
                under such regulations as the President may 
                prescribe, for dependents of employees who are 
                citizens of the United States stationed in the 
                Canal Zone. For the purposes of this 
                subparagraph, the term ``educational 
                institution'' has the meaning defined under 
                section 1701(a)(6) of title 38.]
                  (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.

           *       *       *       *       *       *       *

                  (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.

           *       *       *       *       *       *       *

                              ----------                              

NORTH KOREAN HUMAN RIGHTS ACT OF 2004

           *       *       *       *       *       *       *

TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

           *       *       *       *       *       *       *

SEC. 107. SPECIAL ENVOY ON HUMAN RIGHTS IN NORTH KOREA.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Duties and Responsibilities.--The Special Envoy shall--
          (1) * * *

           *       *       *       *       *       *       *

          (5) review strategies for improving protection of 
        human rights in North Korea, including technical 
        training and exchange programs; [and]
          (6) develop an action plan for supporting 
        implementation of the United Nations Commission on 
        Human Rights Resolution 2004/13[.]; and
          (7) help coordinate efforts by the Secretary of State 
        to assist North Korean refugees and migrants, including 
        the activities directed by section 303.

           *       *       *       *       *       *       *

SEC. 305. ANNUAL REPORTS.

  (a) Immigration Information.--Not later than 1 year after the 
date of the enactment of this Act, and every 12 months 
thereafter for each of the following 5 years, the Secretary of 
State and the Secretary of Homeland Security shall submit a 
joint report to the appropriate congressional committees and 
the Committees on the Judiciary of the House of Representatives 
and the Senate on the operation of this title during the 
previous year, which shall include--
          (1) the number of aliens who are nationals or 
        citizens of North Korea who applied for political 
        asylum and the number who were granted political 
        asylum; [and]
          (2) the number of aliens who are nationals or 
        citizens of North Korea who applied for refugee status 
        and the number who were granted refugee status[.]; and
          (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.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 18, UNITED STATES CODE

PART I--CRIMES

           *       *       *       *       *       *       *

                           CHAPTER 7--ASSAULT

Sec.
111.  Assaulting, resisting, or impeding certain officers or employees.
     * * * * * * *
Sec. 118. Interference with certain protective functions.
     * * * * * * *

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.

           *       *       *       *       *       *       *

                              ----------                              

                     FOREIGN ASSISTANCE ACT OF 1961

                                 PART I

Chapter 1--Policy; Development Assistance Authorizations

           *       *       *       *       *       *       *

  Sec. 116. Human Rights.--(a) * * *

           *       *       *       *       *       *       *

  (d) The Secretary of State shall transmit to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate, by February 25 of each year, a full 
and complete report regarding--
          (1) * * *

           *       *       *       *       *       *       *

          (10) for each country with respect to which the 
        report indicates that extrajudicial killings, torture, 
        or other serious violations of human rights have 
        occurred in the country, the extent to which the United 
        States has taken or will take action to encourage an 
        end to such practices in the country; [and]
          (11)(A) * * *

           *       *       *       *       *       *       *

          (C) such other information related to the use by such 
        government of individuals under the age of 18 as 
        soldiers, as determined to be appropriate by the 
        Secretary[.]; and
          (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.

           *       *       *       *       *       *       *

                                PART II

Chapter 1--Policy

           *       *       *       *       *       *       *

  Sec. 502B. Human Rights.--(a) * * *
  (b) The Secretary of State shall transmit to the Congress, as 
part of the presentation materials for security assistance 
programs proposed for each fiscal year, a full and complete 
report, prepared with the assistance of the Assistant Secretary 
of State for Democracy, Human Rights, and Labor and with the 
assistance of the Ambassador at Large for International 
Religious Freedom, with respect to practices regarding the 
observance of and respect for internationally recognized human 
rights in each country proposed as a recipient of security 
assistance. Wherever applicable, such report shall include 
consolidated information regarding the commission of war 
crimes, crimes against humanity, and evidence of acts that may 
constitute genocide (as defined in article 2 of the Convention 
on the Prevention and Punishment of the Crime of Genocide and 
modified by the United States instrument of ratification to 
that convention and section 2(a) of the Genocide Convention 
Implementation Act of 1987). Wherever applicable, such report 
shall include information on practices regarding coercion in 
population control, including coerced abortion and involuntary 
sterilization. Such report shall also include, wherever 
applicable, information on violations of religious freedom, 
including particularly severe violations of religious freedom 
(as defined in section 3 of the International Religious Freedom 
Act of 1998). Wherever applicable, a description of the nature 
and extent of acts of anti-Semitism and anti-Semitic incitement 
that occur, including the descriptions of such acts required 
under section 116(d)(8). Such report shall also include, for 
each country with respect to which the report indicates that 
extrajudicial killings, torture, or other serious violations of 
human rights have occurred in the country, the extent to which 
the United States has taken or will take action to encourage an 
end to such practices in the country. Each report under this 
section shall list the votes of each member of the United 
Nations Commission on Human Rights on all country-specific and 
thematic resolutions voted on at the Commission's annual 
session during the period covered during the preceding year. 
Each report under this section shall describe the extent to 
which each country has extended protection to refugees, 
including the provision of first asylum and resettlement. Each 
report under this section shall also include (i) wherever 
applicable, a description of the nature and extent of the 
compulsory recruitment and conscription of individuals under 
the age of 18 by armed forces of the government of the country, 
government-supported paramilitaries, or other armed groups, the 
participation of such individuals in such groups, and the 
nature and extent that such individuals take a direct part in 
hostilities, (ii) what steps, if any, taken by the government 
of the country to eliminate such practices, and (iii) such 
other information related to the use by such government of 
individuals under the age of 18 as soldiers, as determined to 
be appropriate by the Secretary of State. 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. In determining whether a 
government falls within the provisions of subsection (a)(3) and 
in the preparation of any report or statement required under 
this section, consideration shall be given to--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              

                          ACT OF JUNE 4, 1920

    CHAP. 233.--AN ACT Making appropriations for the Diplomatic and 
       Consular Service for the fiscal year ending June 30, 1921.

  Section 1. (a) There shall be collected and paid into the 
Treasury of the United States a fee, prescribed by the 
Secretary of State by regulation, for the filing of each 
application for a passport (including the cost of passport 
issuance and use) and a fee, prescribed by the Secretary of 
State by regulation, for executing each such application; 
except that the Secretary of State may by regulation authorize 
State officials or the United States Postal Service to collect 
and retain the execution fee for each application for a 
passport accepted by such officials or by that Service. Such 
fees shall not be refundable, except as the Secretary may by 
regulation prescribe. No passport fee shall be collected from 
an officer or employee of the United States proceeding abroad 
in the discharge of official duties, or from members of his 
immediate family; from an American seaman who requires a 
passport in connection with his duties aboard an American-flag 
vessel; [or] from a widow, widower, child, parent, grandparent, 
brother, or sister of a deceased member of the Armed Forces 
proceeding abroad to visit the grave of such member or to 
attend a funeral or memorial service for such member; 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. No execution fee shall be 
collected for an application made before a Federal official by 
a person excused from payment of the passport fee under this 
section.

           *       *       *       *       *       *       *

                              ----------                              

               INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT

TITLE I

           *       *       *       *       *       *       *

  Sec. 12. (a) The provisions of this title may be extended to 
the African Union and may continue to be extended to the 
International Labor Organization and the United Nations 
Industrial Development Organization 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.
  (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.

           *       *       *       *       *       *       *

  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.
                              ----------                              

  SECTION 633 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004

                   (division B of Public Law 108-199)

  Sec. 633. (a) * * *

           *       *       *       *       *       *       *

  (e) The [United States, through the Department of State, 
shall retain ownership of the Palazzo Corpi building in 
Istanbul, Turkey, and the] Secretary of State shall be 
responsible for maintaining the International Center for Middle 
Eastern-Western Dialogue [at such location] at an appropriate 
location.

           *       *       *       *       *       *       *

                              ----------                              

SECTION 406 OF THE OMNIBUS DIPLOMATIC SECURITY AND ANTITERRORISM ACT OF 
                                  1986

SEC. 406. EFFICIENCY IN CONTRACTING.

  (a)  * * *

           *       *       *       *       *       *       *

  [(c) Disqualification of Contractors.--No person doing 
business with Libya may be eligible for any contract awarded 
pursuant to this Act.]
                              ----------                              

FOREIGN SERVICE ACT OF 1980

           *       *       *       *       *       *       *

TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

           *       *       *       *       *       *       *

                        Chapter 3--Appointments

  Sec. 301. General Provisions Relating to Appointments.--(a) * 
* *
  (b) The Secretary shall prescribe, as appropriate, written, 
oral, physical, foreign language, and other examinations for 
appointment to the Service (other than as a chief of mission or 
ambassador at large). 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.

           *       *       *       *       *       *       *

Chapter 4--Compensation

           *       *       *       *       *       *       *

  Sec. 402. Salaries of the Senior Foreign Service.--(a)(1) * * 
*
  (2) [The Secretary shall] The Secretary, in the Secretary's 
sole and exclusive discretion, shall determine which basic 
salary rate within the ranges prescribed by the President under 
paragraph (1) shall be paid to each member of the Senior 
Foreign Service based on individual performance, contribution 
to the mission of the Department, or both, as determined under 
a rigorous performance management system under precepts 
prescribed by the Secretary. Except as provided in regulations 
prescribed by the Secretary and, to the extent possible, 
consistent with regulations governing the Senior Executive 
Service, [the Secretary may] The Secretary, in the Secretary's 
sole and exclusive discretion, may adjust the basic salary rate 
of a member of the Senior Foreign Service not more than once 
during any 12-month period.

           *       *       *       *       *       *       *

  [Sec. 403. Foreign Service Schedule.--The President shall 
establish a Foreign Service Schedule which shall consist of 9 
salary classes and which shall apply to members of the Service 
who are citizens of the United States and for whom salary rates 
are not otherwise provided for by this chapter. The maximum 
salary rate for the highest class established under this 
section, which shall be designated class 1, may not exceed the 
maximum rate of basic pay prescribed for GS-15 of the General 
Schedule under section 5332 of title 5, United States Code. 
Salary rates established under this section shall be adjusted 
in accordance with section 5303 of title 5, United States 
Code.]

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.

           *       *       *       *       *       *       *

  [Sec. 406. Within-Class Salary Increases.--(a) Any member of 
the Service receiving a salary under the Foreign Service 
Schedule shall be advanced to the next higher salary step in 
the member's class at the beginning of the first applicable pay 
period following the completion by that member of a period of--
          [(1) 52 calendar weeks of service in each of salary 
        steps 1 through 9, and
          [(2) 104 calendar weeks of service in each of salary 
        steps 10 through 13,
unless the performance of the member during that period is 
found in a review by a selection board established under 
section 602 to fall below the standards of performance for his 
or her salary class.
  [(b) The Secretary may grant, on the basis of especially 
meritorious service, to any member of the Service receiving an 
increase in salary under subsection (a), an additional salary 
increase to any higher step in the salary class in which the 
member is serving.]

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.

           *       *       *       *       *       *       *

Chapter 6--Promotion and Retention

           *       *       *       *       *       *       *

  Sec. 602. Selection Boards.--(a) The Secretary shall 
establish selection boards to evaluate the performance of 
members of the Senior Foreign Service and members of the 
Service assigned to a salary class in the Foreign Service 
Schedule. Selection boards shall, in accordance with precepts 
prescribed by the Secretary, rank the members of a salary class 
on the basis of relative performance and may make 
recommendations for--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) denials of within-class step increases under 
        section 406(a);]
          (3) approvals or denials of pay for performance 
        salary adjustments under sections 402(a)(2) and 406(a)

           *       *       *       *       *       *       *

  Sec. 605. Implementation of Selection Board 
Recommendations.--(a) Recommendations for promotion and pay for 
performance salary adjustments under sections 402(a)(2) and 
406(a) made by selection boards shall be submitted to the 
Secretary in rank order by salary class or in rank order by 
specialization within a salary class. The Secretary shall make 
promotions and pay for performance salary adjustments and, with 
respect to career appointments into or within the Senior 
Foreign Service, shall make recommendations to the President 
for promotions, in accordance with the rankings of the 
selection boards.
  (b) Notwithstanding subsection (a), in special circumstances 
set forth by regulation or precepts prescribed by the 
Secretary, the Secretary may remove the name of an individual 
from the rank order list submitted by a selection board or 
delay the promotion or salary adjustment of an individual named 
in such a list.

           *       *       *       *       *       *       *

          Chapter 8--Foreign Service Retirement and Disability

subchapter i--foreign service retirement and disability system

           *       *       *       *       *       *       *

  Sec. 806. Computation of Annuities.--(a)(1) * * *

           *       *       *       *       *       *       *

  (9) For purposes of any annuity computation under this 
subsection, the basic salary or basic pay of any member of the 
Service whose official duty station is outside the continental 
United States shall be considered to be the salary or pay that 
would have been paid to the member had the member's official 
duty station been Washington, D.C., including locality-based 
comparability payments under section 5304 of title 5, United 
States Code, that would have been payable to the member if the 
member's official duty station had been Washington, D.C. 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.

           *       *       *       *       *       *       *

subchapter ii--foreign service pension system

           *       *       *       *       *       *       *

  Sec. 855. Entitlement to Annuity.--(a)(1) * * *

           *       *       *       *       *       *       *

  (3) For purposes of any annuity computation under this 
subsection, the average pay (as used in section 8414 of title 
5, United States Code) of any member of the Service whose 
official duty station is outside the continental United States 
shall be considered to be the salary that would have been paid 
to the member had the member's official duty station been 
Washington, D.C., including locality-based comparability 
payments under section 5304 of title 5, United States Code, 
that would have been payable to the member if the member's 
official duty station had been Washington, D.C. 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.

           *       *       *       *       *       *       *

                              ----------                              

  SECTION 504 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 
                                  2003

SEC. 504. PERSONAL SERVICES CONTRACTING [PILOT] PROGRAM.

  (a) In General.--The Director of the International 
Broadcasting Bureau (in this section referred to as the 
``Director'') may establish a [pilot] program [(in this section 
referred to as the ``program'')] for the purpose of hiring 
United States citizens or aliens as personal services 
contractors, without regard to Civil Service and classification 
laws, for service in the United States as broadcasters, 
[producers, and writers] and other broadcasting specialists in 
the International Broadcasting Bureau to respond to new or 
emerging broadcast needs or to augment broadcast services.
  (b) Conditions.--The Director is authorized to use the 
authority of subsection (a) subject to the following 
conditions:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Not more than a total of [60] 100 United States 
        citizens or aliens are employed at any one time as 
        personal services contractors under the program.
  [(c) Termination of Authority.--The authority to award 
personal services contracts under the pilot program authorized 
by this section shall terminate on December 31, 2006. A 
contract entered into prior to the termination date under this 
subsection may remain in effect for a period not to exceed 6 
months after such termination date.]

           *       *       *       *       *       *       *

                                  
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