Department of State Authorities Act of 2006
PL 109-472 (H.R.6060), enacted 01/11/2007

120 STAT. 3554
PUBLIC LAW 109–472—JAN. 11, 2007
Public Law 109–472
109th Congress
An Act
To authorize certain activities by 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. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Department
of State Authorities Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Fraud prevention and detection account.
Sec. 3. Education allowances.
Sec. 4. Interference with protective functions.
Sec. 5. Persons excused from payment of fees for execution and issuance of pass-
ports.
Sec. 6. Authority to administratively amend surcharges.
Sec. 7. Extension of privileges and immunities.
Sec. 8. Removal of contracting prohibition.
Sec. 9. Personal services contracting.
Sec. 10. Proliferation interdiction support.
Sec. 11. Safeguarding and elimination of conventional arms.
Sec. 12. Imposition of sanctions to deter the transfer of MANPADS.
Sec. 13. Additional authorities.
SEC. 2. FRAUD PREVENTION AND DETECTION ACCOUNT.
Section 286(v)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1356(v)(2)(A)) is amended—
(1) in clause (i), by inserting ‘‘or primarily’’ after ‘‘exclu-
sively’’; and
(2) by amending clause (ii) to read as follows:
‘‘(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 sec-
tion 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’’.
SEC. 3. EDUCATION ALLOWANCES.
Section 5924(4) of title 5, United States Code, is amended—
(1) in the first sentence of subparagraph (A), by inserting
‘‘United States’’ after ‘‘nearest’’;
(2) by amending subparagraph (B) to read as follows:
‘‘(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
22 USC 2151
note.
Department of
State Authorities
Act of 2006.
Jan. 11, 2007
[H.R. 6060]
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120 STAT. 3555
PUBLIC LAW 109–472—JAN. 11, 2007
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 con-
tained in this subparagraph.’’; and
(3) by adding at the end the following:
‘‘(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 one trip per year by the
dependent 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 trip, and
such payment or reimbursement shall be in lieu of
transportation of the baggage.’’.
SEC. 4. INTERFERENCE WITH PROTECTIVE FUNCTIONS.
(a) OFFENSE.—Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
‘‘§ 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 Authori-
ties 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, impris-
oned not more than 1 year, or both.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following:
‘‘118. Interference with certain protective functions.’’.
SEC. 5. PERSONS EXCUSED FROM PAYMENT OF FEES FOR EXECUTION
AND ISSUANCE OF PASSPORTS.
Section 1(a) of the Act of June 4, 1920 (22 U.S.C. 214(a))
is amended—
(1) by striking ‘‘or from a widow’’ and inserting ‘‘from
a widow’’; and
(2) by inserting ‘‘; 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’’
after ‘‘such member’’ the second place it appears.
SEC. 6. AUTHORITY TO ADMINISTRATIVELY AMEND SURCHARGES.
(a) IN GENERAL.—Beginning in fiscal year 2007 and thereafter,
the Secretary of State is authorized to amend administratively
the amounts of the surcharges related to consular services in sup-
port of enhanced border security (provided for in the last paragraph
under the heading ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’ under
title IV of division B of the Consolidated Appropriations Act, 2005
(Public Law 108–447)) that are in addition to the passport and
immigrant visa fees in effect on January 1, 2004.
Effective date.
8 USC 1714 note.
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120 STAT. 3556
PUBLIC LAW 109–472—JAN. 11, 2007
(b) REQUIREMENTS.—In carrying out subsection (a) and the
provision of law described in such subsection, the Secretary shall
meet the following requirements:
(1) The amounts of the surcharges shall be reasonably
related to the costs of providing services in connection with
the activity or item for which the surcharges are charged.
(2) The aggregate amount of surcharges collected may not
exceed the aggregate amount obligated and expended for the
costs related to consular services in support of enhanced border
security incurred in connection with the activity or item for
which the surcharges are charged.
(3) A surcharge may not be collected except to the extent
the surcharge will be obligated and expended to pay the costs
related to consular services in support of enhanced border secu-
rity incurred in connection with the activity or item for which
the surcharge is charged.
(4) A surcharge shall be available for obligation and
expenditure only to pay the costs related to consular services
in support of enhanced border security incurred in providing
services in connection with the activity or item for which the
surcharge is charged.
SEC. 7. EXTENSION OF PRIVILEGES AND IMMUNITIES.
(a) THE AFRICAN UNION.—Section 12 of the International
Organizations Immunities Act (22 U.S.C. 288f–2) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The provisions’’; and
(2) by adding at the end the following:
‘‘(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 mem-
bers of such missions, subject to corresponding conditions and
obligations.’’.
(b) THE HOLY SEE.—Under such terms and conditions as the
President shall determine, the President is authorized to extend,
or to enter into an agreement to extend, to the Permanent Observer
Mission of the Holy See to the United Nations in New York, and
to its members, the privileges and immunities enjoyed by the diplo-
matic missions of member states to the United Nations, and their
members, subject to corresponding conditions and obligations.
SEC. 8. REMOVAL OF CONTRACTING PROHIBITION.
Section 406 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4856) is amended by striking
subsection (c).
SEC. 9. PERSONAL SERVICES CONTRACTING.
Section 504 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107–228; 22 U.S.C. 6206 note) is amended—
(1) in subsection (a), by striking ‘‘broadcasters, producers,
and writers’’ and inserting ‘‘broadcasters and other broadcasting
specialists’’; and
(2) in subsection (c), by striking ‘‘December 31, 2006’’ and
inserting ‘‘December 31, 2007’’.
22 USC 228l.
President.
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120 STAT. 3557
PUBLIC LAW 109–472—JAN. 11, 2007
SEC. 10. PROLIFERATION INTERDICTION SUPPORT.
(a) ASSISTANCE.—Consistent with section 583 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb–2), as amended by sub-
section (c), the President is authorized to provide assistance to
friendly foreign countries for proliferation detection and interdiction
activities and for developing complementary capabilities.
(b) REPORT ON EXISTING PROLIFERATION DETECTION AND INTER-
DICTION ASSISTANCE.—
(1) REPORT REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of
the Senate a report on proliferation and interdiction assistance.
(2) CONTENT.—The report required under paragraph (1)
shall—
(A) specify in detail, including program cost, on a
country-by-country basis, the assistance being provided by
the Department of State to train and equip personnel in
friendly foreign countries in the detection and interdiction
of proliferation-related shipments of weapons of mass
destruction, related materials and means of delivery, and
dual-use items of proliferation concern; and
(B) specify, on an agency-by-agency basis, funding that
is being transferred by the Department of State to other
executive agencies to carry out such programs.
(c) INTERDICTION ASSISTANCE AMENDMENTS.—Section 583 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb–2) is
amended—
(1) in subsection (a)—
(A) by striking ‘‘should ensure that’’ and inserting
‘‘shall ensure that, beginning in fiscal year 2007,’’;
(B) by striking ‘‘expended’’ and inserting ‘‘obligated’’;
and
(C) by striking ‘‘that originate from, and are destined
for, other countries’’ and inserting ‘‘to non-state actors and
states of proliferation concern’’; and
(2) by adding at the end the following new subsections:
‘‘(c) COOPERATIVE AGREEMENTS.—In order to promote coopera-
tion regarding the interdiction of weapons of mass destruction and
related materials and delivery systems, the President is authorized
to conclude agreements, including reciprocal maritime agreements,
with other countries to facilitate effective measures to prevent
the transportation of such items to non-state actors and states
of proliferation concern.
‘‘(d) DETERMINATION AND NOTICE TO CONGRESS.—The Secretary
of State shall notify the Committee on International Relations of
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate in writing not more than 30 days after making
a determination that any friendly country has been determined
to be a country eligible for priority consideration of any assistance
under subsection (a). Such determination shall set forth the reasons
for such determination, and may be submitted in classified and
unclassified form, as necessary.’’.
SEC. 11. SAFEGUARDING AND ELIMINATION OF CONVENTIONAL ARMS.
(a) IN GENERAL.—The Secretary of State is authorized to secure,
remove, or eliminate stocks of man-portable air defense systems
22 USC
2349bb–6.
Deadline.
President.
22 USC
2349bb–5.
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120 STAT. 3558
PUBLIC LAW 109–472—JAN. 11, 2007
(MANPADS), small arms and light weapons, stockpiled munitions,
abandoned ordnance, and other conventional weapons, including
tactical missile systems (hereafter in this section referred to as
‘‘MANPADS and other conventional weapons’’), as well as related
equipment and facilities, located outside the United States that
are determined by the Secretary to pose a proliferation threat.
(b) ELEMENTS.—The activities authorized under subsection (a)
may include the following:
(1) Humanitarian demining activities.
(2) The elimination or securing of MANPADS.
(3) The elimination or securing of other conventional
weapons.
(4) Assistance to countries in the safe handling and proper
storage of MANPADS and other conventional weapons.
(5) Cooperative programs with the North Atlantic Treaty
Organization and other international organizations to assist
countries in the safe handling and proper storage or elimination
of MANPADS and other conventional weapons.
(6) The utilization of funds for the elimination or safe-
guarding of MANPADS and other conventional weapons.
(7) Activities to secure and safeguard MANPADS and other
conventional weapons.
(8) Actions to ensure that equipment and funds, including
security upgrades at locations for the storage or disposition
of MANPADS and other conventional weapons and related
equipment that are determined by the Secretary of State to
pose a proliferation threat, continue to be used for authorized
purposes.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to affect the authorities of the Secretary of Defense.
SEC. 12. IMPOSITION OF SANCTIONS TO DETER THE TRANSFER OF
MANPADS.
(a) STATEMENT OF POLICY.—Congress declares that it should
be the policy of the United States to hold foreign governments
accountable for knowingly transferring MANPADS to state-sponsors
of terrorism or terrorist organizations.
(b) DETERMINATION RELATING TO SANCTIONS.—
(1) IN GENERAL.—If the President determines that a foreign
government knowingly transfers MANPADS to a foreign
government described in paragraph (2) or a terrorist organiza-
tion, the President shall—
(A) submit forthwith to the Committee on International
Relations of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate a report con-
taining such determination; and
(B) impose forthwith on the transferring foreign
government the sanctions described in subsection (c).
(2) FOREIGN GOVERNMENT DESCRIBED.—A foreign govern-
ment described in this paragraph is a foreign government that
the Secretary of State has determined, for purposes of section
6(j) of the Export Administration Act of 1979, section 620A
of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, or any other provision of law, is a govern-
ment that has repeatedly provided support for acts of inter-
national terrorism.
Reports.
President.
22 USC 2751
note.
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120 STAT. 3559
PUBLIC LAW 109–472—JAN. 11, 2007
(c) SANCTIONS DESCRIBED.—The sanctions referred to in sub-
section (b)(1)(B) are the following:
(1) Termination of United States Government assistance
to the transferring foreign government under the Foreign
Assistance Act of 1961, except that such termination shall
not apply in the case of humanitarian assistance.
(2) Termination of United States Government—
(A) sales to the transferring foreign government of
any defense articles, defense services, or design and
construction services; and
(B) licenses for the export to the transferring foreign
government of any item on the United States Munitions
List.
(3) Termination of all foreign military financing for the
transferring foreign government.
(d) WAIVER.—Notwithstanding any other provision of law, sanc-
tions shall not be imposed on a transferring foreign government
under this section if the President determines and certifies in
writing to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the
Senate that the furnishing of the assistance, sales, licensing, or
financing that would otherwise be suspended as a result of the
imposition of such sanctions is important to the national security
interests of the United States.
(e) DEFINITIONS.—In this section:
(1) DEFENSE ARTICLE.—The term ‘‘defense article’’ has the
meaning given the term in section 47(3) of the Arms Export
Control Act.
(2) DEFENSE SERVICE.—The term ‘‘defense service’’ has the
meaning given the term in section 47(4) of the Arms Export
Control Act.
(3) DESIGN
AND
CONSTRUCTION
SERVICES.—The term
‘‘design and construction services’’ has the meaning given the
term in section 47(8) of the Arms Export Control Act.
(4) FOREIGN GOVERNMENT.—The term ‘‘foreign government’’
includes any agency or instrumentality of a foreign government.
(5) MANPADS.—The term ‘‘MANPADS’’ means—
(A) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; or
(B) any other surface-to-air missile system designed
to be operated and fired by more than one individual acting
as a crew and portable by several individuals.
SEC. 13. ADDITIONAL AUTHORITIES.
(a) WAR RESERVES STOCKPILE.—
(1) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005.—
Section 12001 of the Department of Defense Appropriations
Act, 2005 (Public Law 108–287; 118 Stat. 1011), is amended—
(A) in subsection (a)(2)(D), by striking ‘‘as of the date
of enactment of this Act,’’; and
(B) in subsection (d), by striking ‘‘2’’ and inserting
‘‘4’’.
(2) FOREIGN
ASSISTANCE
ACT
OF
1961.—Section 514(b)(2)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2))
is amended—
(A) in subparagraph (A)—
President.
Certification.
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120 STAT. 3560
PUBLIC LAW 109–472—JAN. 11, 2007
LEGISLATIVE HISTORY—H.R. 6060:
HOUSE REPORTS: No. 109–706 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 8, considered and passed House and Senate.
(i) by striking ‘‘$100,000,000’’ and inserting
‘‘$200,000,000’’; and
(ii) by striking ‘‘2004 and 2005’’ and inserting
‘‘2007 and 2008’’; and
(B) in subparagraph (B), by striking ‘‘$100,000,000’’
and inserting ‘‘$200,000,000’’.
(3) EFFECTIVE DATE.—The amendment made by paragraph
(1)(B) takes effect on August 5, 2006.
(b) EXTENSION OF AUTHORITY TO PROVIDE LOAN GUARANTEES.—
Chapter 5 of title I of the Emergency Wartime Supplemental Appro-
priations Act, 2003 (Public Law 108–11), is amended in the item
relating to ‘‘LOAN GUARANTEES TO ISRAEL’’—
(1) in the matter preceding the first proviso, by striking
‘‘September 30, 2007’’ and inserting ‘‘September 30, 2011’’; and
(2) in the second proviso, by striking ‘‘September 30, 2007’’
and inserting ‘‘September 30, 2011’’
Approved January 11, 2007.
117 Stat. 576.
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