To provide certain authorities for the Department of State, and for other purposes.
PL 109-140 (H.R.4436), enacted 12/22/2005

119 STAT. 2650
PUBLIC LAW 109–140—DEC. 22, 2005
Public Law 109–140
109th Congress
An Act
To provide certain authorities for the Department of State, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REDI CENTER.
(a) AUTHORIZATION.—The Secretary of State is authorized to
provide for the participation by the United States in the Regional
Emerging Diseases Intervention Center (in this section referred
to as ‘‘REDI Center’’) in Singapore, as established by the Agreement
described in subsection (c).
(b) CONSULTATION AND REPORT.—
(1) CONSULTATION.—Prior to the review required under
Article 6.3 of the Agreement described in subsection (c), the
Secretary shall consult with the Committee on International
Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate.
(2) REPORT.—In connection with the submission of the
annual congressional budget justification, the Secretary shall
report on efforts undertaken at the REDI Center with regard
to bioterrorism concerns.
(c) AGREEMENT DESCRIBED.—The Agreement referred to in this
section is the Agreement between the Governments of the United
States of America and the Republic of Singapore Establishing the
Regional Emerging Diseases Intervention Center, done at Singa-
pore, November 22, 2005.
SEC. 2. RETENTION OF MEDICAL REIMBURSEMENTS.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C.
4084) is amended by adding at the end the following new subsection:
‘‘(g) Reimbursements paid to the Department of State for
funding the costs of medical care abroad for employees and eligible
family members shall be credited to the currently available
applicable appropriation account. Such reimbursements shall be
available for obligation and expenditure during the fiscal year in
which they are received or for such longer period of time as may
be provided in law.’’.
SEC. 3. ACCOUNTABILITY REVIEW BOARDS.
Section 301(a) of the Diplomatic Security Act (22 U.S.C. 4831(a))
is amended—
(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraphs (2) and (3)’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) FACILITIES IN AFGHANISTAN AND IRAQ.—
Dec. 22, 2005
[H.R. 4436]
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119 STAT. 2651
PUBLIC LAW 109–140—DEC. 22, 2005
‘‘(A) LIMITED EXEMPTIONS FROM REQUIREMENT TO CON-
VENE BOARD.—The Secretary of State is not required to
convene a Board in the case of an incident that—
‘‘(i) involves serious injury, loss of life, or signifi-
cant destruction of property at, or related to, a United
States Government mission in Afghanistan or Iraq;
and
‘‘(ii) occurs during the period beginning on October
1, 2005, and ending on September 30, 2009.
‘‘(B) REPORTING
REQUIREMENTS.—In the case of an
incident described in subparagraph (A), the Secretary
shall—
‘‘(i) promptly notify the Committee on Inter-
national Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate of
the incident;
‘‘(ii) conduct an inquiry of the incident; and
‘‘(iii) upon completion of the inquiry required by
clause (ii), submit to each such Committee a report
on the findings and recommendations related to such
inquiry and the actions taken with respect to such
recommendations.’’.
SEC. 4. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND
DANGER PAY ALLOWANCES.
(a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE FOR PREVIOUS
INCREASE.—Subsection (c) of section 591 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2004
(division D of Public Law 108–199) is repealed.
(b) POST DIFFERENTIALS.—Section 5925(a) of title 5, United
States Code, is amended in the third sentence by striking ‘‘25
percent of the rate of basic pay or, in the case of an employee
of the United States Agency for International Development,’’.
(c) DANGER PAY ALLOWANCES.—Section 5928 of title 5, United
States Code, is amended by striking ‘‘25 percent of the basic pay
of the employee or 35 percent of the basic pay of the employee
in the case of an employee of the United States Agency for Inter-
national Development’’ both places that it appears and inserting
‘‘35 percent of the basic pay of the employee’’.
(d) CRITERIA.—The Secretary of State shall inform the Com-
mittee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate of the
criteria to be used in determinations of appropriate adjustments
in post differentials under section 5925(a) of title 5, United States
Code, as amended by subsection (b), and danger pay allowances
under section 5928 of title 5, United States Code, as amended
by subsection (c).
(e) STUDY AND REPORT.—Not later than two years after the
date of the enactment of this Act, the Secretary of State shall
conduct a study assessing the effect of the increases in post differen-
tials and danger pay allowances made by the amendments in sub-
sections (b) and (c), respectively, in filling ‘‘hard-to-fill’’ positions
and shall submit a report of such study to the committees specified
in subsection (d) and to the Committee on Government Reform
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
5 USC 5925 note.
5 USC 5925 note.
Notification.
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119 STAT. 2652
PUBLIC LAW 109–140—DEC. 22, 2005
SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD
PROCEDURES.
Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C.
4136(8)) is amended in the first sentence—
(1) by inserting ‘‘the involuntary separation of the grievant
(other than an involuntary separation for cause under section
610(a)),’’ after ‘‘considering’’; and
(2) by striking ‘‘the grievant or’’ and inserting ‘‘the grievant,
or’’.
SEC. 6. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
Section 504(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107–228) is amended by striking ‘‘December
31, 2005’’ and inserting ‘‘December 31, 2006’’.
SEC. 7. OFFICIAL RESIDENCE EXPENSES.
Section 5913 of title 5, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) Funds made available under subsection (b) may be provided
in advance to persons eligible to receive reimbursements.’’.
SEC. 8. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EDU-
CATION BENEFITS.
Section 305(a) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6204(a)) is amended by inserting after
paragraph (18) the following new paragraph:
‘‘(19)(A) To provide for the payment of primary and sec-
ondary school expenses for dependents of personnel stationed
in the Commonwealth of the Northern Mariana Islands (CNMI)
at a cost not to exceed expenses authorized by the Department
of Defense for such schooling for dependents of members of
the Armed Forces stationed in the Commonwealth, if the Board
determines that schools available in the Commonwealth are
unable to provide adequately for the education of the depend-
ents of such personnel.
‘‘(B) To provide transportation for dependents of such per-
sonnel between their places of residence and those schools
for which expenses are provided under subparagraph (A), if
22 USC 6206
note.
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119 STAT. 2653
PUBLIC LAW 109–140—DEC. 22, 2005
LEGISLATIVE HISTORY—H.R. 4436:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Dec. 14, considered and passed House.
Dec. 15, considered and passed Senate.
the Board determines that such schools are not accessible by
public means of transportation.’’.
Approved December 22, 2005.
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