49–006 

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 


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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-ofliving 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 


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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 


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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-atLarge 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. 


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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 entiVerDate Aug 31 2005 00:42 Oct 01, 2006 Jkt 049006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\HR706.XXX HR706

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ties 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 

Budget Authority 1 4,828 0 0 0 0 0 

Estimated Outlays 5,141 1,845 844 459 174 44 

Proposed Changes 

Estimated Authorization Level 0 37 104 138 143 147 

Estimated Outlays 0 35 104 140 143 147 

Spending Under H.R. 6060 

Estimated Authorization Level 1 4,828 37 104 138 143 147 

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. 


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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 

Estimated Authorization Level 32 99 136 141 145 

Estimated Outlays 32 99 136 141 145 

Maternal and Prenatal Care 

Estimated Authorization Level 3 3 0 0 0 

Estimated Outlays 1 3 2 0 0 

Education Allowances 

Estimated Authorization Level 2 2 2 2 2 

Estimated Outlays 2 2 2 2 2 

Total Changes in Spending Subject to Appropriation Under H.R. 6060 

Estimated Authorization Level 37 104 138 143 147 

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 catVerDate Aug 31 2005 00:42 Oct 01, 2006 Jkt 049006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR706.XXX HR706

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egories 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. 


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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. 


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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 dependVerDate Aug 31 2005 00:42 Oct 01, 2006 Jkt 049006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\HR706.XXX HR706

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ents 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. 


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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 


hmoore on PROD1PC68 with HMRPT
13 

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 nonmember 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 ocVerDate Aug 31 2005 00:42 Oct 01, 2006 Jkt 049006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR706.XXX HR706

hmoore on PROD1PC68 with HMRPT
14 

cupational 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 sevenfold. 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. 


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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 performancebased 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 


hmoore on PROD1PC68 with HMRPT
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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. 


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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. 


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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

* * * * * * * 


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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); 

ø(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 

* * * * * * * 


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§ 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 

ø(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or¿ 

ø(C)¿ (B) chapter 74 of title 38, relating to the Veterans 

Health Administration (other than a position subject to 

section 7451 of title 38); 

* * * * * * * 

§ 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; øor¿ 

(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)ø.¿; or 

(vii) a position in the Foreign Service. 

* * * * * * * 

CHAPTER 57—TRAVEL, TRANSPORTATION, AND 

SUBSISTENCE 

* * * * * * * 

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 

* * * * * * * 

§ 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, 


hmoore on PROD1PC68 with HMRPT
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excluding members of the Foreign Service other than chiefs of 

mission and ambassadors at large; 

* * * * * * * 

§ 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 

* * * * * * * 

§ 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. 


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ø(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 


hmoore on PROD1PC68 with HMRPT
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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; øand¿ 

(6) develop an action plan for supporting implementation of 

the United Nations Commission on Human Rights Resolution 

2004/13ø.¿; 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; øand¿ 

(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 statusø.¿; and 

(3) a detailed description of the measures undertaken by the 

Secretary of State to carry out section 303, including countryspecific 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 


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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. 

* * * * * * * 

§ 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; øand¿ 

(11)(A) * * * 

* * * * * * * 


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(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 Secretaryø.¿; 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 


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26 

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; øor¿ 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 


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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 øUnited 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 


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the International Center for Middle Eastern-Western Dialogue øat 

such location¿ at an appropriate location. 

* * * * * * * 

SECTION 406 OF THE OMNIBUS DIPLOMATIC SECURITY 

AND ANTITERRORISM ACT OF 1986 

SEC. 406. EFFICIENCY IN CONTRACTING. 

(a) * * * 

* * * * * * * 

ø(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) øThe 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, øthe Secretary may¿ The Secretary, in the 

Secretary’s sole and exclusive discretion, may adjust the basic salVerDate Aug 31 2005 00:42 Oct 01, 2006 Jkt 049006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6601 E:\HR\OC\HR706.XXX HR706

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ary rate of a member of the Senior Foreign Service not more than 

once during any 12-month period. 

* * * * * * * 

øSEC. 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.¿ 

§ 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. 

* * * * * * * 

øSEC. 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—

ø(1) 52 calendar weeks of service in each of salary steps 1 

through 9, and 

ø(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. 

ø(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.¿ 

§ 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—


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(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) * * * 

* * * * * * * 

ø(3) denials of within-class step increases under section 

406(a);¿ 


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(3) approvals or denials of pay for performance salary adjustments under sections 402(a)(2) and 406(a) 

* * * * * * * 

SEC. 605. IMPLEMENTATION OF SELECTION BOARD RECOMMENDA- TIONS.—(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 


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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 øPILOT¿ PROGRAM. 

(a) IN GENERAL.—The Director of the International Broadcasting 

Bureau (in this section referred to as the ‘‘Director’’) may establish 

a øpilot¿ program ø(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, 

øproducers, 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 ø60¿ 100 United States citizens 

or aliens are employed at any one time as personal services 

contractors under the program. 

ø(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.¿ 

* * * * * * * 

Æ 


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