PUBLIC LAW 96-465, 94 STAT. 2071, FOREIGN SERVICE
strengthening and improving
the Foreign Service of the United States, 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.-This Act // 22 USC 3901. // may be cited as
the " Foreign Service Act of 1980".
Sec. 2. Table Of Contents.-The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 101. Findings and objectives.
Sec. 102. Definitions.
Sec. 103. Members of the Service.
Sec. 104. Functions of the Service.
Sec. 105. Merit principles; protections of members of the Service;
and minority recruitment.
Sec. 201. The Secretary of State.
Sec. 202. Other agencies utilizing the Foreign Service personnel
system.
Sec. 203. Compatibility among agencies utilizing the Foreign Service
personnel system.
Sec. 204. Consolidated and uniform administration of the Service.
Sec. 205. Compatibility between the Foreign Service and other
Government personnel systems.
Sec. 206. Regulations; delegation of functions.
Sec. 207. Chief of mission.
Sec. 208. Director General of the Foreign Service.
Sec. 209. Inspector General.
Sec. 210. Board of the Foreign Service.
Sec. 211. Board of Examiners for the Foreign Service.
Sec. 301. General provisions relating to appointments.
Sec. 302. Appointments by the President.
Sec. 303. Appointments by the Secretary.
Sec. 304. Appointment of chiefs of mission.
Sec. 305. Appointment to the Senior Foreign Service.
Sec. 306. Career appointments.
Sec. 307. Entry levels for Foreign Service officer candidates.
Sec. 308. Recall and reemployment of career members.
Sec. 309. Limited appointments.
Sec. 310. Reemployment rights following limited appointment.
Sec. 311. Employment of gamily members of Government employees.
Sec. 312. Diplomatic and consulsar commissions.
Sec. 401. Salaries of chiefs of mission.
Sec. 402. Salaries of the Senior Foreign Service.
Sec. 403. Foreign Service Schedule.
Sec. 404. Assignment to a salary class.
Sec. 405. Performance pay.
Sec. 406. Within-class salary increases.
Sec. 407. Salaries for Foreign Service personnel abroad who perform
routine duties.
Sec. 408. Local compensation plans.
Sec. 409. Salaries of consular agents.
Sec. 410. Compensation for imprisoned foreign national employees.
Sec. 411. Temporary service as principal officer.
Sec. 412. Special differentials.
Sec. 413. Death gratuity.
Sec. 501. Classification of positions.
Sec. 502. Assignments to Foreign Service positions.
Sec. 503. Assignments to agencies, international organizations, and
other bodies.
Sec. 504. Service in the United States and abroad.
Sec. 505. Temporary details.
Sec. 601. Promotions.
Sec. 602. Selection boards.
Sec. 603. Basis for selection board review.
Sec. 604. Confidentiality of records.
Sec. 605. Implementation of selection board recommendations.
Sec. 606. Other bases for increasing pay.
Sec. 607. Retirement for expiration of time in class.
Sec. 608. Retirement based on relative performance.
Sec. 609. Retirement benefits.
Sec. 610. Separation for cause.
Sec. 611. Termination of limited appointments.
Sec. 612. Termination of appointments of consular agents and foreign
national employees.
Sec. 613. Foreign Service awards.
Development, Training, and
Orientation
Sec. 701. Foreign Service Institute.
Sec. 702. Foreign language requirements.
Sec. 703. Career development.
Sec. 704. Training authorities.
Sec. 705. Training grants.
Sec. 706. Career counseling.
System
Sec. 801. Administration of the System.
Sec. 802. Maintenance of the Fund.
Sec. 803. Participants.
Sec. 804. Definitions.
Sec. 805. Contributions to the Fund.
Sec. 806. Computation of annuities.
Sec. 807. Payment of annuity.
Sec. 808. Retirement for disability or incapacity.
Sec. 809. Death in service.
Sec. 810. Discontinued service retirement.
Sec. 811. Voluntary retirement.
Sec. 812. Mandatory retirement.
Sec. 813. Retirement of former Presidential appointees.
Sec. 814. Former spouses.
Sec. 815. Lump-sum payments.
Sec. 816. Creditable service.
Sec. 817. Extra credit for service at unhealthful posts.
Sec. 818. Estimate of appropriations needed.
Sec. 819. Investment of the Fund.
Sec. 820. Assignment and attachment of moneys.
Sec. 821. Payments for future benefits.
Sec. 822. Unfunded liability obligations.
Sec. 823. Annuity adjustment for recall service.
Sec. 824. Reemployment.
Sec. 825. Voluntary contributions.
Sec. 826. Cost-of-living adjustments of annuities.
Sec. 827. Compatibility between civil service and Foreign Service
retirement systems.
Sec. 901. Travel and related expenses.
Sec. 902. Loan of household effects.
Sec. 903. Required leave in the United States.
Sec. 904. Health care.
Sec. 905. Representation expenses.
Sec. 1001. Labor-management policy.
Sec. 1002. Definitions.
Sec. 1003. Application.
Sec. 1004. Employee rights.
Sec. 1005. Management rights.
Sec. 1006. Foreign Service Labor Relations Board.
Sec. 1007. Functions of the Board.
Sec. 1008. Functions of the General Counsel.
Sec. 1009. Judicial review and enforcement.
Sec. 1010. Foreign Service Impasse Disputes Panel.
Sec. 1011. Exclusive recognition.
Sec. 1012. Employees represented.
Sec. 1013. Representation rights and duties.
Sec. 1014. Resolution of implementation disputes.
Sec. 1015. Unfair labor practices.
Sec. 1016. Prevention of unfair labor practices.
Sec. 1017. Standards of conduct for labor organizations.
Sec. 1018. Administrative provisions.
Sec. 1101. Definition of grievance.
Sec. 1102. Grievances concerning former members.
Sec. 1103. Freedom of action.
Sec. 1104. Time limitations.
Sec. 1105. Foreign Service Grievance Board.
Sec. 1106. Board procedures.
Sec. 1107. Board decisions.
Sec. 1108. Access to records.
Sec. 1109. Relationship to other remedies.
Sec. 1110. Judicial review.
Sec. 2101. Pay and benefits pending conversion.
Sec. 2102. Conversion to the Foreign Service Schedule.
Sec. 2103. Conversion to the Senior Foreign Service.
Sec. 2104. Conversion from the Foreign Service.
Sec. 2105. Conversion of certain positions in the Department of
Agriculture.
Sec. 2106. Preservation of status and benefits.
Sec. 2107. Regulations.
Sec. 2108. Authority of other agencies.
Sec. 2109. Survivor benefits for certain former spouses.
Agencies
Sec. 2201. Basic authorities of the Department of State.
Sec. 2202. Peace Corps Act.
Sec. 2203. Foreign Assistance Act.
Sec. 2204. Arms Control and Disarmament Act.
Sec. 2205. Repealed provisions.
Sec. 2206. Other conforming amendments.
Sec. 2207. Model foreign language competence posts.
Sec. 2301. Reemployment rights.
Sec. 2302. Salary for ambassadors at large.
Sec. 2503. Advances of pay incident to departures from posts abroad.
Sec. 2304. Premium pay.
Sec. 2305. Severance pay.
Sec. 2306. Attorneys fees in backpay cases.
Sec. 2307. Separate maintenance allowance.
Sec. 2308. Education allowance.
Sec. 2309. Posts requiring special incentives.
Sec. 2310. Advances of pay.
Sec. 2311. Danger pay allowance.
Sec. 2312. Leave.
Sec. 2313. Retirement credit for imprisoned foreign nationals and
for service with certain overseas broadcasting organizations.
Sec. 2314. Conforming amendments to title 5.
and Effective Date
Sec. 2401. Saving provisions.
Sec. 2402. Congressional oversight of implementation.
Sec. 2403. Effective date.
Sec. 101 // 22 USC 3901. // Findings and Objectives.-(a) The
Congress finds that--,
(1) a career foreign service, characterized by excellence and
professionalism, is essential in the national interest to assist
the President and the Secretary of State in conducting the foreign
affairs of the United States;
(2) the scope and complexity of the foreign affairs of the
Nation have heightened the need for a professional foreign service
that will serve the foreign affairs interests of the United States
in an integrated fashion and that can provide a resource of
qualified personnel for the President, the Secretary of State, and
the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under
the Act of May 24, 1924
// 43 Stat. 140. //
(commonly known as the Rogers Act) and continued by the Foreign
Service Act of 1946,
// 22 USC 801. //
must be preserved, strengthened, and improved in order to carry
out its mission effectively in response to the complex challenges
of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative
of the American people, aware of the principles and history of the
United States and informed of current concerns and trends in
American life, knowledgeable of the affairs, cultures, and
languages of other countries, and available to serve in
assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of
merit principles.
(b) The objective of the Act is to strengthen and improve the Foreign
Service of the United States by--,
(1) assuring, in accordance with merit principles, admission
through impartial and rigorous examination, acquisition of career
status only by those who have demonstrated their fitness through
successful completion of probationary assignments, effective
career development, advancement and retention of the ablest, and
separation of those who do not meet the requisite standards of
performance;
(2) fostering the development and vigorous implementation of
policies and procedures, including affirmative action programs,
which will facilitate and encourage (A) entry into and advancement
in the Foreign Service by persons from all segments of American
society, and (B) equal opportunity and fair and equitable
treatment for all without regard to political affiliation, race,
color, religion, national origin, sex, marital status, age, or
handicapping condition;
(3) providing for more efficient, economical, and equitable
personnel administration through a simplified structure of Foreign
Service personnel categories and salaries;
(4) establishing a statutory basis for participation by the
members of the Foreign Service, through their elected
representatives, in the formulation of personnel policies and
procedures which affect their conditions of employment, and
maintaining a fair and effective system for the resolution of
individual grievances that will ensure the fullest measure of due
process for the members of the Foreign Service;
(5) minimizing the impact of the hardships, disruptions, and
other unusual conditions of service abroad upon the members of the
Foreign Service, and mitigating the special impact of such
conditions upon their families;
(6) providing salaries, allowances, and benefits that will
permit the Foreign Service to attract and retain qualified
personnel as well as a system of incentive payments and awards to
encourage and reward outstanding performance;
(7) establishing a Senior Foreign Service which is
characterized by strong policy formulation capabilities,
outstanding executive leadership qualities, and highly developed
functional, foreign language, and area expertise;
(8) improving Foreign Service managerial flexiblilty and
effectiveness;
(9) increasing efficiency and economy by promoting maximum
compatibility among the agencies authorized by law to utilize the
Foreign Service personnel system, as well as compatibility between
the Foreign Service personnel system and other personnel systems
of the Government; and
(10) otherwise enabling the Foreign Service to serve
effectively the interests of the United States and to provide the
highest caliber of representation in teh conduct of foreign
affairs.
Sec. 102. Definitions.-(a) As used in this Act , // 22 USC 3902. //
the term--,
(1) "abroad" means all areas not included within the United
States;
(2) "agency" means an agency as defined in section 552(e) of
title 5, United States Code;
(3) "chief of mission" means the principal officer in charge of
a diplomatic mission of the United States or of a United States
office abroad which is designated by the Secretary of State as
diplomatic in nature, including any individual assigned under
section 502(c) to be temporarily in charge of such a mission or
office;
(4) " Department" means the Department of State, except that
with reference to the exercise of functions under this Act with
respect to another agency authorized by law to utilize the Foreign
Service personnel system, such term means that other agency;
(5) "employee" (except as provided in section 1002(8)) means,
when used with respect to an agency or to the Government
generally, an officer or employee (including a member of the
Service) or a member of the Armed Forces of the United States, the
commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmosperic
Administration;
(6) "function" includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity;
(7) " Government" means the Government of the United States;
(8) "merit principles" means the principles set out in section
2301(b) of title 5, United States Code;
(9) "principal officer" means the officer in charge of a
diplomatic mission, consular mission (other than a consular
agency), or other Foreign Service post;
(10) " Secretary" means the Secretary of State, except that
(subject to section 201) with reference to the exercise of
functions under this Act with respect to any agency authorized by
law to utilize the Foreign Service personnel system, such term
means the head of that agency;
(11) " Service" or " Foreign Service" means the Foreign Service
of the United States; and
(12) " United States", when used in a geographic sense, means
the several States and the District of Columbia.
(b) References in this Act or any other law to " Foreign Service
officers" shall, with respect to the International Communication Agency,
be deemed to refer to Foreign Service information officers.
Sec. 103. // 22 USC 3903. // Members of the Service.-The following
are the members of the Service:
(1) Chiefs of mission, appointed under section 302(a)(1) or
assigned under section 502(c).
(2) Ambassadors at large, appointed under section 302(a)(1).
(3) Members of the Senior Foreign Service, appointed under
section 302(a)(1) or 303, who are the corps of leaders and experts
for the management of the Service and the performance of its
functions.
(4) Foreign Service officers, appointed under section 302(a)(
1), who have general responsibility for carrying out the functions
of the Service.
(5) Foreign Service personnel, United States citizens appointed
under section 303, who provide skills and services required for
effective performance by the Service.
(6) Foreign national employees, foreign nationals appointed
under section 303, who provide clerical, administrative,
technical, fiscal, and other support a Foreign Service posts
abroad.
(7) Consular agents, appointed under section 303 by the
Secretary of State, who provide consular and related services as
authorized by the Secretary of State at specified locations abroad
where no Foreign Service posts are situated.
Sec. 104. // 22 USC 3904. // Functions of the Service.-Members of
the Service shall, under the direction of the Secretary--,
(1) represent the interests of the United States in relation to
foreign countries and international organizations, and perform the
functions relevant to their appointments and assignments,
including (as appropriate) functions under the Vienna Convention
on Diplomatic Relations, the Vienna Convention on Consular
Relations, other international agreements to which the United
States is a party, the laws of the United States, and orders,
regulations, and directives issued pursuant to law;
(2) provide guidance for the formulation and conduct of
programs and activities of the Department and other agencies which
relate to the foreign relations of the United States; and
(3) perform functions on behalf of any agency or other
Government establishment (including any establishment in the
legislative or judicial branch) requiring their services.
sec. 105. // 22 USC 3905. // Merit Principles; Protections for
Members of the Service; And Minority Recruitment. -(a)(1) All personnel
actions with respect to career members and career candidates in the
Service (including applicants for career candidate appointments) shall
be made in accordance with merit principles.
(2) For purposes of paragraph (1), the term "personnel action"
means--,
(A) any appointment, promotion, assignment (including
assignment to any position or salary class), award of performance
pay or special differential, within-class salary increase,
separation, or performance evaluation, and
(B) any decision, recommendation, examination, or ranking
provided for under this Act which relates to any action referred
to in subparagraph (A).
(b) The Secretary shall administer the provisions of this Act and
shall prescribe such regulations as may be necessary to ensure that
members of the Service, as well as applicants for appointments in the
Service--,
(1) are free from discrimination on the basis of race, color,
religion, sex, national origin, age, handicapping condition,
marital status, or political affiliation, as prohibited under
section 2302(b)(1) of title 5, United States Code;
(2) are free from reprisal for--,
law and if
such information is not specifically required by
Executive
order to be kept secret in the interest of national
defense or
the conduct of foreign affairs; or
Systems
Protection Board, or to the Inspector General of an
agency (including the Inspector General of the
Department
of State and the Foreign Service) or another employee
designated by the head of the agency to receive such
disclosures,
of information which the member or applicant reasonably
believes evidences--,
(3) are free to submit to officials of the Service and the
Department any report, evaluation, or recommendation, including
the right to submit such report, evaluation, or recommendation
through a separate dissent channel, whether or not the views
expressed therein are in accord with approved policy, unless the
report, evaluation, or recommendation was submitted with the
knowledge that it was false or with willful disregard for its
truth or falsity; and
(4) are free from any personnel practice prohibited by section
2302 of title 5, United States Code.
(c) This section shall not be construed as authorizing the
withholding of information from the Congress or the taking of any action
against a member of the Service who discloses information to the
Congress.
(d)(1) The Secretary shall establish a minority recruitment program
for the Service consistent with section 7201 of title 5, United States
Code.
(2) Not later than January 31 of each year, the Secretary shall
transmit to each House of the Congress a report, signed by the
Secretary, on the activities of the Secretary under paragraph (1). Such
report shall include any affirmative action plans submitted by the
Secretary under section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16) and data necessary to evaluate the effectiveness of the
program under paragraph (1) for the preceding fiscal year, together with
recommendations for administrative or legislative action the Secretary
considers appropriate.
(e) The section shall not be construed to extinguish or lessen any
effort to achieve equal employment opportunity through affirmative
action or any right or remedy available to any employee or applicant for
employment in the civil service under--,
(1) section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16), prohibiting discrimination on the basis of race, color,
religion, sex, or national origin;
(2) sections 1 2 and 15 of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimination on
the basis of age;
(3) section 6(d) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(d)), prohibiting discrimination on the basis of sec;
(4) sections 501 and 505 of the Rehailitation Act of 1973 (29
U.S.C. 791, 794a), prohibiting discrimination on the basis of
handicapping condition; or
(5) any provision of law, rule, or regulation prohibiting
discrimination on the basis of marital status or political
affiliation.
Sec. 201. // 22 USC 3921. // The Secretary of State.-(a) Under the
direction of the President, the Secretary of State shall administer and
direct the Service and shall coordinate its activities with the needs of
the the Department of State and other agencies.
(b) The Secretary of State alone among the heads of agencies
utilizing the Foreign Service personnel system shall perform the
functions expressly vested in the Secretary of State by this Act.
Sec. 202. // 22 USC 3922. // Other Agencies Utilizing the Foreign
Service Personnel System.-(a)(1) The Director of the International
Communication Agency and the Director of the United States International
Development Cooperation Agency may utilize the Foreign Service personnel
system with respect to their respective agencies in accordance with this
act.
(2) The Secretary of Agriculture may utilize the Foreign Service
personnel system in accordance with this Act--,
(A) with respect to personnel of the Foreign Agricultural
Service, and
(B) with respect to other personnel of the Department of
Agriculture to the extent the President determines to be necessary
in order to enable the Department of Agriculture to carry out
functions which require service abroad.
(3) The Secretary of Commerce may utilize the Foreign Service
personnel system in accordance with this Act--,
(A) with respect to the personnel performing functions
transferred to the Department of Commerce from the Department of
State by Reorganization Plan Numbered 3 of 1979,
// 3 CFR 1979 //
and
(B) with respect to other personnel of the Department of
Commerce to the extent the President determines to be necessary in
order to enable the Department of Commerce to carry out functions
which require service abroad.
(b) Subject to section 201(b)--,
(1) the agency heads referred to in subsection (a), and
(2) the head of any other agency (to the extent authority to
utilize the Foreign Service personnel system is granted to such
agency head under any other Act),
shall in the case of their respective agencies exercise the functions
vested in the Secretary by this Act.
Sec. 203. // 22 USC. 923. // Compatibility Among Agencies Utilizing
the Foreign Service Personnel System.-(a) The Service shall be
administered to the extent practicable in a manner that will assure
maximum compatibility among the agencies authorized by law to utilize
the Foreign Service personnel system. To this end, the other heads of
such agencies shall consult regularly with the Secretary of State.
(b) Nothing in this chapter shall be construed as diminishing the
authority of the head of any agency authorized by law to utilize the
Foreign Service personnel system.
Sec. 204. // 22 USC 3924. // Consolidated and Uniform Administration
of the Service.-The Secretary shall on a continuing basis consider the
need for uniformity of personnel policies and precedures and for
consolidation (in accordance with section 23 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2695)) of personnel functions
among agencies utilizing the Foreign Service personnel system. Where
feasible, the Secretary of State shall encourage (in consultation with
the other heads of such agencies) the development of uniform policies
and procedures and consolidated personnel functions.
Sec. 205. // USC 3925. // Compatibility Between the Foreign Service
and Other Government Personnel Systems.-The Service shall be
administered to the extent practicable in conformity with general
policies and regulations of the Government. the Secretary shall consult
with the Director of the Office of Personnel Management, the Director of
the Office of Management and Budget, and the heads of such other
agencies as the President shall determine, in order to assure
compatibility of the Foreign Service personnel system with other
Government personnel systems to the extent practicable.
Sec. 206. // 22 USC 3926. // Regulations; Delegation of
Functions.-(a) The secretary may prescribe such regulations as the
Secretary deems appropriate to carry out functions under this Act.
(b) The Secretary may delegate functions under this Act which are
vested in the Secretary to any employee of the Department or any member
of the Service.
Sec. 207. // 22 USC 3927. // Chief of Mission.-(a) Under the
direction of the President, the chief of mission to a foreign country--,
(1) shall have full responsibility for the direction,
coordination, and supervision of all Government employees in that
country (except for employees under the command of a United States
area military commander); and
(2) shall keep fully and currently informed with respect to all
activities and operations of the Government within that country,
and shall insure that all Government employees in that country
(except for employees under the command of a United States area
military commander) comply fully with all applicable directives of
the chief of mission.
(b) Any agency having employees in a foreign country shall keep the
chief of mission to that country fully and currently informed with
respect to all activities and operations of its employees in that
country, and shall insure that all of its employees in that country
(except for employees under the command of a United States area military
commander) comply fully with all applicable directives of the chief of
mission.
Sec. 208. // 22 USC 3928. // Director General of the Foreign
Service.-There shall be a Director General of the Foreign Service, who
shall be appointed by the President, by and with the advice and consent
of the Senate, from among the career members of the Senior Foreign
Service. The Director General shall assist the Secretary of State in
the management of the Service and shall perform such functions as the
Secretary of State may prescribe.
Sec. 209. // 22 USC 3929. // Inspector General.-(a)(1) There shall
be an Inspector General of the Department of State and the Foreign
Service, who shall be appointed by the President, by and with the
advice, and consent of the Senate, without regard to political
affiliation from among individuals exceptionally qualified for the
position by virtue of their integrity and their demonstrated ability in
accounting, auditing, financial analysis, law, management analysis,
public administration, or investigations, or their knowledge and
experience in the conduct of foreign affairs. The Inspector General
shall report to and be under the general supervision of the Secretary of
State. Neither the Secretary of State nor any other officer of the
Department shall prevent or prohibit the Inspector General from
initiating, carrying out, or completing any audit or investigation, or
from issuing any subpena during the course of any audit or
investigation. The Inspector General shall periodically (at least every
5 years) inspect and audit the administration of activities and
operations of each Foreign Service post and each bureau and other
operating unit of the Department of State, and shall perform such other
functions as the Secretary of State may prescribe, except that the
Secretary of State shall not assign to the Inspector General any general
program operating responsibilities.
(2) The Inspector General may be removed from office by the
President. The President shall communicate the reasons for any such
removal to both Houses of Congress.
(b) Inspections, investigations, and audits conducted by or under the
direction of the Inspector General shall include the systematic review
and evaluation of the administration of activities and operations of
Foreign Service posts and bureaus and other operating units of the
Department of State, including an examination of--,
(1) whether financial transactions and accounts are properly
conducted, maintained, and reported;
(2) whether resources are being used and managed with the
maximum degree of efficiency, effectiveness, and economy;
(3) whether the administration of activities and operations
meets the requirements of applicable laws and regulations and,
specifically, whether such administration is consistent with the
requirements of section 105;
(4) whether there exist instances of fraud or other serious
problems, abuses, or deficiencies, and whether adequate steps for
detection, correction, and prevention have been taken; and
(5) whether policy goals and objectives are being effectively
achieved and whether the interests of the United States are being
accurately and effectively represented.
(c)(1) The Inspector General shall develop and implement policies and
procedures for the inspection and audit activities carried out under
this section. These policies and precedures shall be consistent with
the general policies and guidelines of the Government for inspection and
audit activities and shall comply with the standards established by the
Comptroller General of the United States for audits of Government
agencies, organizations, programs, activities, and functions.
(2) In carrying out the duties and responsibilities established under
this section, the Inspector General shall give particular regard to the
activities of the Comptroller General of the United States with a view
toward insuring effective coordination and cooperation.
(3) In carrying out the duties and responsibilities established under
this section, the Inspector General shall report expeditiously to the
Attorney General whenever the Inspector General has reasonable grounds
to believe there has been a violation of Federal criminal law.
(d)(1) The Inspector General shall keep the Secretary of State fully
and currently informed, by means of the reports required by paragraphs
(2) and (3) and otherwise, concerning fraud and other serious problems,
abuses, and deficiencies relating to the administration of activities
and operations administered or financed by the Department of State.
(2) The Inspector General shall, not later than April 30 of each
year, prepare and furnish to the Secretary of State an annual report
summarizing the activities of the Inspector General. Such report shall
include--,
(A) a description of significant problems, abuses, and
deficiencies relating to the administration of activities and
operations of Foreign Service posts, and bureaus and other
operating units of the Department of State, which were disclosed
by the Inspector General within the reporting period;
(B) a description of the recommendations for corrective action
made by the Inspector General during the reporting period with
respect to significant problems, abuses, or deficiencies described
pursuant to subparagraph (A);
(C) an identification of each significant recommendation
described in previous annual reports on which corrective action
has not been completed;
(D) a summary of matters referred to prosecutive authorities
and the prosecutions and convictions which have resulted; and
(E) a listing of each audit report completed by the Inspector
General during the reporting period.
The Secretary of State shall transmit a copy of such annual report
within 30 days after receiving it to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives and to other appropriate committees, together with a
report of the Secretary of State containing any comments which the
Secretary of State deems appropriate. Within 60 days after transmitting
such reports to those committees, the Secretary of State shall make
copies of them available to the public upon request and at a reasonable
cost.
(3) The Inspector General shall report immediately to the Secretary
of State whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the
administration of activities and operations of Foreign Service posts or
bureaus or other operating units of the Department of State. The
Secretary of State shall transmit any such report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives and to other appropriate committees within
7 days after receiving it, together with a report by the Secretary of
State containing any comments the Secretary of State deems appropriate.
(4) Nothing in this subsection shall be construed to authorize the
public disclosure by any individual of any information which is--,
(A) specifically prohibited from disclosure by any other
provision of law; or
(B) specifically required by Executive order to be kept secret
in the interest of national defense or the conduct of foreign
affairs.
(e)(1) The Inspector General shall have the same authority in
carrying out the provisions of this section as is granted under section
6 of the Inspector General Act of 1978 // 5 USC app. 6. // to each
Inspector General of an establishment (as defined in section 11(2) of
such Act) // 5 USC app. 11. for carrying out the provisions of that Act,
and the responsibilities of other officers of the Government to the
Inspector General shall be the same as the responsibilities of the head
of an agency or establishment under section 6 (b) and (c) of such Act.
// 5 USC app. 6. //
(2) At the request of the Inspector General, employees of the
Department and members of the Service may be assigned as employees of
the Inspector General. The individuals so assigned and individuals
appointed pursuant to paragraph (1) shall be responsible solely to the
Inspector General, and the Inspector General or his or her designee
shall prepare the performance evaluation reports for such individuals.
(f)(1) The Inspector General may receive and investigate complaints
or information from a member of the Service or employee of the
Department concerning the possible existence of an activity constituting
a violation of laws or regulations, constituting mismanagement, gross
waste of funds, or abuse of authority ,or constituting a substantial and
specific danger to public health or safety.
(2) The Inspector General shall not, after receipt of a complaint or
information from a member of the Service or employee of the Department,
disclose the identity of such individual without the consent of such
individual, unless the Inspector General determines such disclosure is
unavoidable during the course of the investigation.
(g) Under the general supervision of the Secretary of State, the
Inspector General may review activities and operations performed under
the direction, coordination, and supervision of chiefs of mission for
the purpose of ascertaining their consonance with the foreign policy of
the United States and their consistency with the responsibilities of the
Secretary of State and the chief of mission.
Sec. 210. // 22 USC 3930. // Board of the Foreign Service.-The
President shall establish a Board of the Foreign Service to advise the
Secretary of State on matters relating to the Service, including
furtherance of the objectives of maximum compatibility among agencies
authorized by law to utilize the Foreign Service personnel system and
compatibility between the Foreign Service personnel system and the other
personnel systems of the Government. The Board of the Foreign Service
shall be chaired by a career member of the Senior Foreign Service
designated by the Secretary of State and shall include one or more
representatives of the Department of State, the International
Communication Agency, the United States International Development
Cooperation Agency, the Department of Agriculture, the Department of
Commerce, the Department of Labor, the Office of Personnel Management,
the Office of Management and Budget, the Equal Employment Opportunity
Commission, and such other agencies as the President may designate.
Sec. 211. // 22 USC 3931. // Board of Examiners for the Foreign
Service.-(a) The President shall establish a Board of Examiners for the
Foreign Service to develop, and supervise the administration of,
examinations prescribed under section 301(b) to be given to candidates
for appointment in the Service. The Board shall consist of 15 members
appointed by the President (no fewer than 5 of whom shall be appointed
from among individuals who are not Government employees and who shall be
qualified for service on the Board by virtue of their knowledge,
experience, or training in the fields of testing or equal employment
opportunity). The Board shall include representatives of agencies
utilizing the Foreign Service personnel system and representatives of
other agencies which have responsibility for employment testing. The
Board shall be chaired by a member of the Board, designated by the
President, who is a member of the Service.
(b) The Board of Examiners shall periodically review the examinations
prescribed under section 301(b) in order to determine--,
(1) whether any such examination has anadverse impact on the
hiring, promotion, or other employment opportunity of members of
any race, sex, or ethnic group;
(2) methods of minimizing any such adverse impact;
(3) alternatives to any examinations which have such an adverse
impact; and
(4) whether such examinations are valid in relation to job
performance.
The Board of Examiners shall annually report its findings under this
subsection to the Secretary of State and shall furnish to the Secretary
of State its recommendations for improvements in the development, use,
and administration of the examinations prescribed under section 301(b).
(c) Any vacancy or vacancies on the Board shall not impair the right
of the remaining members to exercise the full powers of the Board.
Sec. 301. // 22 USC 3941. // General Provisions Relating to
Appointments.-(a) Only citizens of the United States may be appointed to
the Service, other than for service abroad as a consular agent or as a
foreign national employee.
(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).
(c) The fact that an applicant for appointment as a Foreign Service
officer candidate is a veteran or disabled veteran shall be considered
an affirmative factor in making such apointments. As used in this
subsection, the term "veteran or disabled veteran" means an individual
who is a preference eligible under subparagraph (A), (B), or (C) of
section 2108(3) of title 5, United States Code.
(d)(1) Members of the Service serving under career appointments are
career members of the Service. Members of the Service serving under
limited appointments are either career candidates or noncareer members
of the Service.
(2) Chiefs of mission, ambassadors at large, and ministers serve at
the pleasure of the President.
(3) An appointment as a Foreign Service officer is a career
appointment.
Sec. 302. // 22 USC 3942. // Appointments by the President.-(a)(1)
The President may, by and with the advice and consent of the Senate,
appoint an individual as a chief of mission, as an ambassador at large,
as a minister, as a career member of the Senior Foreign Service, or as a
Foreign Service officer.
(2)(A) The President may, by and with the advice and consent of the
Senate, confer the personal rank of career ambassador upon a career
member of the Senior Foreign Service in recognition of especially
distinguished service over a sustained period.
(B)(i) Subject to the requirement of clause (ii), the President may
confer the personal rank of ambassador or minister on an individual in
connection with a special mission for the President of a temporary
nature not exceeding six months in duration.
(ii) The President may confer such personal rank only if, prior to
such conferral, he transmits to the Committee on Foreign Relations of
the Senate a written report setting forth--,
(I) the necessity for conferring such rank,
(II) the dates during which such rank will be held,
(III) the justification for not submitting the proposed
conferral of personal rank to the Senate as a nomination for
advice and consent to appointment, and
(IV) all relevant information concerning any potential conflict
of interest which the proposed recipient of such personal rank may
have with regard to the special mission.
Such report shall be transmitted not less than 30 days prior to
conferral of the personal rank of ambassador or minister except in cases
where the President certifies in his report that urgent circumstances
require the immediate conferral of such rank.
(C) An individual upon whom a personal rank is conferred under
subparagraph (A) or (B) shall not receive any additional compensation
solely by virtue of such personal rank.
(3) Except as provided in paragraph (2)(B) of this subsection or in
clause 3, section 2, article II of the Constitution (relating to recess
appointments), an individual may not be designated as ambassador or
minister, or be designated to serve in any position with the title of
ambassador or minister, without the advice and consent of th Senate.
(b) If a member of the Service is appointed to any position in the
executive branch by the President, by and with the advice and consent of
the Senate, or by the President alone, the period of service in that
position by the member shall be regarded as an assignment under chapter
5 and the member shall not, by virtue of the acceptance of such
assignment, lose his or her status as a member of the Service. A member
of the Senior Foreign Service who accepts such an assignment may elect
to continue to receive the salary of his or her salary class, to remain
eligible for performance pay under chapter 4, and to receive the leave
to which such member is entitled under subchapter I of chapter 63 of
title 5, United States Code, // 5 USC 6301. // as a member of the
Senior Foreign Service, in lieu of receiving the salary and leave (if
any) of the position to which the member is appointed by the President.
Sec. 303. // 22 USC 3943. // Appointments by the Secretary.-The
Secretary may appoint the members of the Service (other than the members
of the Service who are in the personnel categories specified in section
302(a)) in accordance with this Act and such regulations as the
Secretary may prescribe.
Sec. 304. // 22 USC 3944. // Appointments of Chiefs of Mission.-(
a)(1) An individual appointed or assigned to be a chief of mission
should possess clearly demonstrated competence to perform the duties of
a chief of mission, including, to the maximum extent practicable, a
useful knowledge of the principal language or dialect of the country in
which the individual is to serve, and knowledge and understanding of the
history, the culture, the economic and political institutions, and the
interests of that country and its people.
(2) Given the qualifications specified in paragraph (1), positions as
chief of mission should normally be accorded to career members of the
Service, though circumstances will warrant appointments from time to
time of qualified individuals who are not career members of the Service.
(3) Contributions to political compaigns should not be a factor in
the appointment of an individual as a chief of mission.
(4) The President shall provide the Committee on Foreign Relations of
the Senate, with each nomination for an appointment as a chief of
mission, a report on the demonstrated competence of that nominee to
perform the duties of the position in which he or she is to serve.
(b)(1) In order to assist the President in selecting qualified
candidates for appointment or assignment as chiefs of mission, the
Secretary of State shall from time to time furnish the President with
the names of career members of the Service who are qualified to serve as
chiefs of mission, together with pertinent information about such
members.
(2) Each individual nominated by the President to be a chief of
mission, ambassador at large, or minister shall, at the time of
nomination, file with the Committee on Foreign Relations of the Senate
and the Speaker of the House of Representatives a report of
contributions made by such individual and by members of his or her
immediate family during the period beginning on the first day of the
fourth calendar year preceding the calendar year of the nomination and
ending on the date of the nomination. The report shall be verified by
the oath of the nominee, taken before any individual authorized to
administer oaths. The chairman of the Committee on Foreign Relations of
the Senate shall have each such report printed in the Congressional
Record. As used in this paragraph, the term "contribution" has the same
meaning given such term by section 301(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)), and the term "immediate family"
means the spouse of the nominee, and any child, parent, grandparent,
brother, or sister of the nominee and the spouses of any of them.
(c) Within 6 months after assuming the position, the chief of mission
to a foreign country shall submit, to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives, a report describing his or her own foreign language
competence and the foreign language competence of the mission staff in
the principal language or other dialect of that country.
Sec. 305. // 22 USC 3945. // Appointment to the Senior Foreign
Service.-(a) Appointment to the Senior Foreign Service shall be to a
salary class established under section 402, and not to a position.
(b) An individual may not be given a limited appointment in the
Senior Foreign Service if that appointment would cause the number of
members of the Senior Foreign Service serving under limited appointments
to exceed 5 percent of the total number of members of the Senior Foreign
Service, except that (1) members of the Senior Foreign Service assigned
to the Peace Corps shall be excluded in the calculation and application
of this limitation, and (2) members of the Senior Foreign Service
serving under limited appointments with reemployment rights under
section 310 as career appointees in the Senior Executive Service shall
be considered to be career members of the Senior Foreign Service for
purposes of this subsection.
Sec. 306. // 22 USC 3946. // Career Appointments.-(a) Before
receiving a career appointment in the Service, an individual shall first
serve under a limited appointment as a career candidate for a trial
period of service prescribed by the Secretary. During such trial period
of service, the Secretary shall decide whether--,
(1) to offer a career appointment to the candidate under
section 303, or
(2) to recommend to President that the candidate be given a
career appointment under section 302.
(b) Decisions by the Secretary under subsection (a) shall be based
upon the recommendations of boards, established by the Secretary and
composed entirely or primarily of career members of the Service, which
shall evaluate the fitness and aptitude of career candidates for the
work of the Service.
Sec. 307. // 22 USC 3947. // Entry Levels for Foreign Service
Officer Candidates. -A career candidate for appointment as a Foreign
Service officer may not be initially assigned under section 404 to a
salary class higher than class 4 in the Foreign Service Schedule
unless--,
(1) the Secretary determines in an individual case that
assignment to a higher salary class is warranted because of the
qualifications (including foreign language competence) and
experience of the candidate and the needs of the Service; or
(2) at the time such initial assignment is made, the candidate
is serving under a career appointment in the Service and is
receiving a salary at a rate equal to or higher than the minimum
rate payable for class 4 in the Foreign Service Schedule.
Sec. 308. // 22 USC 3948. // Recall and Reemployment of Career
Members.-(a) Whenever the Secretary determines that the needs of the
Service so require, the Secretary may recall any retired career member
of the Service for active duty in the same personnel category as that
member was serving at the time of retirement. A retired career member
may be recalled under this section to any appropriate salary class or
rate, except that a retired career member of the Senior Foreign Service
may not be recalled to a salary class higher than the one in which the
member was serving at the time of retirement unless appointed to such
higher class by the President, by and with the advice and consent of the
Senate.
(b) Former career members of the Service may be reappointed under
section 302(a)(1) or 303, without regard to section 306, in a salary
class which is appropriate in light of the qualifications and experience
of the individual being reappointed.
Sec. 309. // 22 USC 3949. // Limited Appointments.-A limited
appointment in the service, including an appointment of an individual
who is an employee of an agency, may not exceed 5 years in duration and,
except as provided in section 311(a), may not be extended or renewed. A
limited appointment in the Service which is limited by its terms to a
period of one year or less is a temporary appointment.
Sec. 310. Reemployment Rights Following Limited Appointment. // 22
USC 3950. // -Any employee of an agency who accepts a limited
appointment in the Service with the consent of the head of the agency in
which the employee is employed shall be entitled, upon the termination
of such limited appointment, to be reemployed in accordance with section
3597 of title 5, United States Code.
Sec. 311. // 22 USC 3951. // Employment of Family Members of
Government Employees.-(a) The Secretary, when employing individuals
abroad in positions to which career members of the Service are not
customarily assigned (including, when continuity over a long term is not
a significant consideration, vacant positions normally filled by foreign
national employees), shall give equal consideration to employing
available qualified family members of members of the Service or of other
Government employees assigned abroad. Family members so employed shall
serve under renewable limited appointments in the Service and may be
paid either in accordance with the Foreign Service Schedule or a local
compensation plan established under section 408.
(b) Employment of family members in accordance with this section may
not be used to avoid fulfilling the need for full-time career positions.
Sec. 312. // 22 USC 3952. // Diplomatic and Consular Commissions.-(
a) The Secretary of State may recommend to the President that a member
of the Service who is a citizen of the United States be commissioned as
a diplomatic or consular officer or both. The President may, by and
with the advice and consent of the Senate, commission such member of the
Service as a diplomatic or consular officer or both. The Secretary of
State may commission as a vice consul a member of the Service who is a
citizen of the United States. All official functions performed by a
diplomatic or consular officer, including a vice consul, shall be
performed under such a commission.
(b) Members of the Service commissioned under this section may, in
accordance with their commissions, perform any function which any
category of diplomatic officer (other than a chief of mission) or
consular officer is authorized by law to perform.
(c) The Secretary of State shall define the limits of consular
districts.
Sec. 401. // 22 USC 3961. // Salaries of Chiefs of Mission.-(a)
Except as provided in section 302(b), each chief of mission shall
recieve a salary, as determined by the President, at one of the annual
rates payable for levels II through V of the Executive Executive
Schedule under sections 5313 through 5316 of title 5, United States
Code.
(b) The salary of a chief of mission shall commence upon the
effective date of appointment to that position. The official services
of a chief of mission are not terminated by the appointment of a
successor, but shall continue for such additional period, not to exceed
50 days after relinquishment of charge of the mission, as the Secretary
of State may determine. During that period, the Secretary of State may
require the chief of mission to perform such functions as the Secretary
of State deems necessary in the interest of the Government.
Sec. 402. // 22 USC 3962. // Salaries of the Senior Foreign
Service.-(a) The President shall prescribe salary classes for the Senior
Foreign Service and shall prescribe an appropriate title for each class.
Basic salary rates for the Senior Foreign Service may not exceed the
maximum rate or be less than the minimum rate of basic pay payable for
the Senior Executive Service under section 5382 of title 5, United
States Code, and shall be adjusted at the same time and in the same
manner as rates of basic pay are adjusted for the Senior Executive
Service.
(b)(1) An individual who is a career appointee in the Senior
Executive Service receiving basic pay at one of the rates payable under
section 5382 of title 5, United States Code, and who accepts a limited
appointment in the Senior Foreign Service in a salary class for which
the basic salary rate is less than such basic rate of pay, shall be paid
a salary at his or her former basic rate of pay (with adjustments as
provided in paragraph (2) until the salary for his or her salary class
in the Senior Foreign Service equals or exceeds the salary payable to
such individual under this subsection.
(2) The salary paid to an individual under this subsection shall be
adjusted by 50 percent of each adjustment, which takes effect after the
appointment of such individual to the Senior Foreign Service, in the
basic rate of pay at which that individual was paid under section 5382
of title 5, United States Code, immediately prior to such appointment.
Sec. 403. // 22 USC 3963. // 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. // 45 FR 69201. // Salary rates established under this
section shall be adjusted in accordance with subchapter I of chapter 53
of title 5, United States Code. // 5 USC 5301. //
Sec. 404. // 22 USC 3964. // Assignment to a Salary Class.-(a) The
Secretary shall assign all Foreign Service officers and Foreign Service
personnel (other than Foreign Service personnel who are paid in
accordance with section 407 or who are family members of Government
employees paid in accordance with a local compensation plan established
under section 408) to appropriate salary classes in the Foreign Service
Schedule.
(b)(1) The salary class to which a member of the Service is assigned
under this section shall not be affected by the assignment of the member
to a position classified under chapter 5.
(2) Except as authorized by sub chapter I of chapter 35 of title 5,
United States Code, // 5 USC 3501. // changes in the salary class of a
member of the Senior Foreign Service or a member of the Service assigned
to a salary class in the Foreign Service Schedule shall be made only in
accordance with chapter 6. The Secretary shall prescribe regulations
(which shall be consistent with the relevant provisions of subchapter VI
of chapter 53 of title 5, United States Code, // 5 USC 5361. // and
with the regulations prescribed to carry out such provisions) providing
for retention of pay by members of the Service in cases in which
reduction-in-force procedures are applied.
Sec. 405. // 22 USC 3965. // Performance Pay.-(a) Members of the
Senior Foreign Service who are serving--,
(1) under career or career candidate appointments, or
(2) under limited appointments with reemployment rights under
section 310 as career appointees in the Senior Executive Service,
shall be eligible to compete for performance pay in accordance with this
section. Performance pay shall be paid in a lump sum and shall be in
addition to the basic salary prescribed under section 402 and any other
award. The fact that a member of the Senior Foreign Service competing
for performance pay would, as a result of the payment of such
performance pay, receive compensation exceeding the compensation of any
other member of the Service shall not preclude the award or its payment.
(b) Awards of performance pay shall take into account the criteria
established by the Office of Personnel Management for performance awards
under section 5384 of title 5, United States Code. Awards of
performance pay under this section shall be subject to the following
limitations:
(1) Not more than 50 percent of the members of the Senior
Foreign Service may receive performance pay in any fiscal year.
(2) Except as provided in paragraph (3), performance pay for a
member of the Senior Foreign Service may not exceed 20 percent of
the annual rate of basic salary for that member.
(3) Not more than 6 percent of the members of the Senior
Foreign Service may receive performance pay in any fiscal year in
an amount which exceeds the percentage limitation specified in
paragraph (2). Payments under this paragraph to a member of the
Senior Foreign Service may not exceed $10,000 in any fiscal year,
except that payments of up to $20,000 in any fiscal year may be
made under this paragraph to up to 1 percent of the members of the
Senior Foreign Service.
(4) The total amount of basic salary plus performance pay
received in any fiscal year by any member of the Senior Foreign
Service may not exceed the salary payable for level I of the
Executive Schedule under section 5312 of title 5, United States
Code, as in effect at the end of that fiscal year.
(c) The Secretary shall determine the amount of performance pay
available under subsection (b)(2) each year for distribution among the
members of the Senior Foreign Service and shall distribute performance
pay to particular individuals on the basis of recommendations by
selection boards established under section 602.
(d) The President may grant awards of performance pay under
subsection (b)(3) on the basis of annual recommendations by the
Secretary of State of members of the Senior Foreign Service who are
nominated by their agencies as having performed especially meritorious
or distinguished service. Recommendations by the Secretary of State
under this subsection shall be made on the basis of recommendations by
special interagency selection boards established by the Secretary of
State for the purpose of reviewing and evaluating the nominations of
agencies.
Sec. 406. // 22 USC 3966. // Within-Class Salary Increases.-(a) Any
member of the Service receiving a salary under the Foreign Service
Schedule shall be advanced to the next higher salary step in the
member's class at the beginning of the first applicable pay period
following the completion by that member of a period of--,
(1) 52 calendar weeks of service in each of salary steps 1
through 9, and
(2) 104 calendar weeks of service in each of salary steps 10
through 13,
unless the performance of the member during that period is found in a
review by a selection board established under section 602 to fall below
the standards of performance for his or her salary class.
(b) The Secretary may grant, on the basis of especially meritirious
service, to any member of the Service receiving an increase in salary
under subsection (a), an additional salary increase to any higher step
in the salary class in which the member is serving.
Sec. 407. // 22 USC 3967. // Salaries for Foreign Service Personnel
Abroad Who Perform Routine Duties.-(a) The Secretary may establish
salary rates at rates lower than those established for the Foreign
Service Schedule for the Foreign Service personnel described in
subsection (b). The rates established under this section may be no less
than the then applicable minimum wage rate specified in section 6( a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1)).
(b) The Secretary may pay Foreign Service personnel who are recruited
abroad, who are not available or are not qualified for assignment to
another Foreign Service post, and who perform duties of a more routine
nature than are generally performed by Foreign Service personnel
assigned to class 9 in the Foreign service Schedule, in accordance with
the salary rates established under subsection (a).
Sec. 408. // 22 USC 3968. // Local Compensation Plans.-(a)(1) The
Secretary shall establish compensation (including position
classification) plans for foreign national employees of the Service, and
for United States citizens employed in the Service abroad who are family
members of Government employees. To the extent consistent with the
public interest, each compensation plan shall be based upon prevailing
wage rates and compensation practices (including participation in local
social security plans) for corresponding types of positions in the
locality of employment, except that such compensation plans shall
provide for payment of wages to those family members of Government
employees who are paid in accordance with such plans at a rate which is
no less than the then applicable minimum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938, (29 U.S.C. 206(a)(1)).
Any compensation plan established under this section may include
provision for leaves of absence with pay for foreign national employees
in accordance with prevailing law and employment practices in the
locality of employment without regard to any limitation contained in
section 6310 of title 5, United States Code.
(2) The Secretary may make supplemental payments to any civil service
annuitant who is a former foreign national employee of the Service (or
who is receiving an annuity as a survivor of a former foreign national
employee of the Service) in order to offset exchange rate losses, if the
annuity beign paid such annuitant is based on--,
(A) a salary that was fixed in a foreign currency that has
appreciated in value in terms of the United States dollar; and
(b) service in a country in which (as determined by the
Secretary) the average retirement benefits being received by
individuals who retired from competitive local organizations are
superior to the local currency value of civil service annuities
plus any other retirement benefits payable to foreign national
employees who retired during similar time periods and after
comparable careers with the Government.
(b) For the purpose of performing functions abroad, any agency or
other Government establishment (including any establishment in the
legislative or judicial branch) may administer employment programs for
its employees who are foreign nationals or are family members of
Government employees assigned abroad, in accordance with the applicable
provisions of this Act.
(c) The Secretary of State may prescribe regulations governing the
establishment and administration of local compensation plans under this
section by all agencies and other Government establishments
Sec. 409. // 22 USC 3969. // Salaries of Consular Agents.-(a) The
Secretary of State shall establish the salary rate for each consular
agent. Such salary rate shall be estgablished after taking into account
the workload of the consular agency and the prevailing wage rates in the
locality where the agency is located, except that, in the case of a
consular agent who is a citizen of the United States, the salary rate
may not be less than the then applicable minimum wage rate specified in
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)).
Sec. 410. // 22 USC 3970. // Compensation for Imprisoned Foreign
National // 22 USC 3970. // Employees.-(a) The head of any agency or
other Government establishment (including any in the legislative or
judicial branch) may compensate any current or former foreign national
employee, or any foreign national who is or was employed under a
personal services contract, who is or has been imprisoned by a foreign
government if the Secretary of State (or, in the case of a foreign
national employed by the Central Intelligence Agency, the Director of
Central Intelligence) determines that such imprisonment is the result of
the employment of the foreign national by the United States. Such
compensation may not exceed the amount that the agency head determines
approximates the salary and other benefits to which the foreign national
would have been entitled had he or she been employed during the period
of such imprisonment. Such compensation may be paid under such terms
and conditions as the Secretary of State deems appropriate. For
purposes of this section, and agency head shall have the same powers
with respect to imprisoned foreign nationals who are or were employed by
the agency as an agency head has under subchapter VII of chapter 55 of
title 5, United States Code, // 5 USC 5561. // to the extent that such
powers are consistent with this section.
(b) Any period of imprisonment of a current or former foreign
national employee which is compensable under this section shall be
considered for purposes of any other employee benefit to be a period of
employment by the Government, except that a period of imprisonment shall
not be creditable--,
(1) for purposes of subchapter III of chapter 83 of title 5,
United States Code,
// 5 USC 8331. //
unless it is expressly creditable under that subchapter; or
(2) for purposes of subchapter I of chapter 81 of title 5,
United States Code,
// 5 Usc 8101. //
unless the individual was employed by the Government at the time
of his or her imprisonment.
(c) No compensation or other benefit shall be awarded under this
section unless a claim therefor is filed within 3 years after--,
(1) the termination of the period of imprisonment giving rise
to the claim, or
(2) the date of the claimant's first opportunity thereafter to
file such a claim, as determined by the appropriate agency head.
(d) The Secretary of State may prescribe regulations governing
payments under this section by all agencies and other Government
establishments.
Sec. 411. // 22 USC 3971. // Temporary Service as Principal
Officer.-For such time (in excess of such minimum period as the
Secretary of State may establish) as any member of the Service is
temporarily in charge of a Foreign Service post during the absence or
incapacity of the principal officer, that member shall recieve, in
addition to the basic salary paid to the member and notwithstanding
sections 5535 and 5536 of title 5, United States Code, an amount equal
to that portion (which the Secretary of State may determine to be
appropriate) of the difference between such salary and the basic salary
provided for the principal officer, or, if there is no principal
officer, for the former principal officer.
Sec. 412. // 22 USC 3972. // Special Differentials.-(a) The
Secretary may pay special differentials, in addition to compensation
otherwise authorized, to Foreign Service officers who are required
because of the nature of their assignments to perform additional work on
a regular basis in substantial excess of normal requirements.
(b) Before implementing any proposal to limit either the number of
Foreign Service officers who may receive a special differential under
subsection (a) or the amounts of such special differentials, the
Secretary shall submit such proposal to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
(c) Nothing in this Act, or in subchapter V of chapter 55 of title 5,
United States Code, // 5 USC 5541. // shall preclude the granting of
compensatory time off for Foreign Service officers.
Sec. 413. // 22 USC 3973. // Death Gratuity.-(a) The Secretary may
provide for payment of a gratuity to the surviving dependents of any
Foreign Service employee, who dies as a result of injuries sustained in
the performance of duty abroad, in an amount equal to one year's salary
at the time of death. Any death gratuity payment made under this
section shall be held to have been a gift and shall be in addition to
any other benefit payable from any source.
(b) A death gratuity payment shall be made under this section only if
the survivor entitled to payment under subsection (c) is entitled to
elect monthly compensation under section 8133 of title 5, United States
Code, because the death resulted from an injury (excluding a disease
proximately caused by the employment) sustained in the performance of
duty, without regard to whether such survivor elects to waive
compensation under such section 8133.
(c) A death gratuity payment under this section shall be made as
follows:
(1) First, to the widow or widower.
(2) Second, to the child, or children in equal shares, if there
is no widow or widower.
(3) Third, to the dependent parent, or dependent parents in
equal shares, if there is no widow, widower, or child.
If there is no survivor entitled to payment under this subsection, no
payment shall be made.
(d) As used in this section--,
(1) the term " Foreign Service employee" means any member of
the Service or United States representative to an international
organization or commission; and
(2) each of the terms "widow", "widower", "child", and "parent"
shall have the same meaning given each such term by section 8101
of title 5, United States Code.
Sec. 501. // 22 Usc 3981. // Classification of Positions.-The
Secretary shall designate and classify positions in the Department and
at Foreign Service posts which are to be occupied by members of the
Service (other than by chiefs of mission and ambassadors at large).
Positions designated under this section are excepted from the
competitive service. Position classifications under this section shall
be established, without regard to chapter 51 of title 5, United States
Code, // 5 USC 5101 // in relation to the salaries established under
chapter 4. In classifying positions at Foreign Service posts abroad,
the Secretary shall give appropriate weight to job factors relating to
service abroad and to the compensation practices applicable to United
States citizens employed abroad by United States corporations.
Sec. 502. // 22 USC 3982. // Assignments to Foreign Service
Positions.-(a)(1) The Secretary (with the concurrence of the agency
concerned) may assign a member of the Service to any position classified
under section 501 in which that member is eligible to serve (other than
as chief of mission or ambassador at large), and may assign a member
from one such position to another such position as the needs of the
Service may require.
(2) In making assignments under paragraph (1), the Secretary shall
assure that a member of the Service is not assigned to a position at a
post in a particular geographic area exclusively on the basis of the
race, ethnicity, or religion of that member.
(b) Positions designated as Foreign Service positions normally shall
be filled by the assignment of members of the Service to those
positions. Subject to that limitation--,
(1) Foreign Service positions may be filled by the assignment
for specified tours of duty of employees of the Department and,
under interagency agreements, employees of other agencies; and
(2) Senior Foreign Service positions may also be filled by
other members of the Service.
(c) The President may assign a career member of the Service to serve
as charge d'affaires or otherwise as the head of a mission (or as the
head of a United States office abroad which is designated under section
102(a)(3) by the Secretary of State as diplomatic in nature) for such
period as the public interest may require.
Sec. 503. // 22 USC 3983. // Assignments to Agencies, International
Organizations, and Other Bodies.-(a) The Secretary may (with the
concurrence of the agency, organization, or other body concerned) assign
a member of the Service for duty--,
(1) in a non-Foreign Service (including Senior Executive
Service) position in the Department or another agency, or with an
international organization, international commission, or other
international body;
(2) with a domestic or international trade, labor,
agricultural, scientific, or other conference, congress, or
gathering;
(3) for special instruction, training, or orientation at or
with a public or private organization; and
(4) in the United States (or in any territory or possession of
the United States or in the Commonwealth of Puerto Rico), with a
State or local government, a public or private nonprofit
organization (including an educational insitution), or a Member or
office of the Congress.
(b)(1) The salary of a member of the Service assigned under this
section shall be the higher of the salary which that member would
receive but for the assignment under this section or the salary of the
position to which that member is assigned.
(2) The salary of a member of the Service assigned under this section
shall be paid from appropriations made available for the payment of
salaries and expenses of the Service. Such appropriations may be
reimbursed for all or any part of the costs of salaries and other
benefits for members assigned under this section.
(3) A member of the Service assigned under subsection (a)(4) to a
Member or office of the Congress shall be deemed to be an employee of
the House of Representatives or the Senate, as the case may be, for
purposes of payment of travel and other expenses.
(c) Assignments under this section may not exceed four years of
continuous service for any member of the Service unless the Secretary
aproves an extension of such period for that member because of special
circumstances.
Sec. 504. // 22 USC 3984. // Service in the United States and
Abroad.-(a) Career members of the Service shall be obligated to serve
abroad and shall be expected to serve abroad for substantial portions of
their careers. The Secretary shall establish by regulation limitations
upon assignments of members of the Service within the United States. A
member of the Service may not be assigned to duty within the United
States for any period of continuous service exceeding eight years unless
the Secretary approves an extension of such period for that member
because of special circumstances.
(b) Consistent with the needs of the Service, the Secretary shall
seek to assign each career member of the Service who is a citizen of the
United States to duty within the United States at least once during each
period of fifteen years that the member is in the Service.
(c) The Secretary may grant a sabbatical to a career member of the
Senior Foreign Service for not to exceed eleven months in order to
permit the member to engage in study or uncompensated work experience
which will contribute to the development and effectiveness of the
member. A sabbatical may be granted under this subsection under
conditions specified by the Secretary in light of the provisions of
section 3396(c) of title 5, United States Code, which apply to
sabbaticals granted to members of the Senior Executive Service.
Sec. 505. // 22 USC 3985. // Temporary Details.-A period of duty of
not more than six months in duration by a member of the Service shall be
considered a temporary detail and shall not be considered an assignment
within the meaning of this chapter.
Sec. 601. // 22 USC 4001. // Promotions.-(a) Career members of the
Senior Foreign Service are promoted by appointment under section 302(a)
to a higher salary class in the Senior Foreign Service. Members of the
Senior Foreign Service serving under career candidate appointments or
noncareer appointments are promoted by appointment under section 303 to
a higher salary class in the Senior Foreign Service. Foreign Service
officers, and Foreign personnel who are assigned to a class in the
Foreign Service Schedule, are promoted by appointment under section
302(a) as career members of the Senior Foreign Service or by assignment
under section 404 to a higher salary class in the Foreign Service
Schedule.
(b) Except as provided in section 606(a), promotions of--,
(1) members of the Senior Foreign Service, and
(2) members of the Service assigned to a salary class in the
Foreign Service Schedule (including promotions of such members
into the Senior Foreign Service),
shall be based upon the recommendations and rankings of selection boards
established under section 602, except that the Secretary may by
regulation specify categories of career members, and categories of
career candidates, assigned to salary classes in the Foreign Service
Schedule who may receive promotions on the basis of satisfactory
performance.
(c)(1) Promotions into the Senior Foreign Service shall be
recommended by selection boards only from among career members of the
Service assigned to class 1 in the Foreign Service Schedule who request
that they be considered for promotion into the Senior Foreign Service.
The Secretary shall prescribe the length of the period after such a
request is made (within any applicable time in class limitation
established under section 607(a)) during which such members may be
considered by selection boards for entry into the Senior Foreign
Service. A request by a member for consideration for promotion into the
Senior Foreign Service under this subsection may be withdrawn by the
member, but if it is withdrawn, that member may not thereafter request
consideration for promotion into the Senior Foreign Service.
(2) Decisions by the Secretary on the numbers of individuals to be
promoted into and retained in the Senior Foreign Service shall be based
upon a systematic long-term projection of personnel flows and needs
designed to provide--,
(A) a regular, predictable flow of recruitment in the Service;
(B) effective career development patterns to meet the needs of
the Service; and
(C) a regular, predictable flow of talent upward through the
ranks and into the Senior Foreign Service.
(3) The affidavit requirements of sections 3332 and 3333(a) of title
5, United States Code, shall not apply with respect to a member of the
Service who has previously complied with those requirements and who
subsequently is promoted by appointment to any class in the Senior
Foreign Service without a break in service.
Sec. 602. // 22 USC 4002. // 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) promotions in accordance with section 601;
(2) awards of performance pay under section 405(c);
(3) denials of within-class step increases under section 406(
a);
(4) offer or renewal of limited career extensions under section
607(b); and
(5) such other actions as the Secretary may prescribe by
regulation.
(b) All selection boards established under this section shall include
public members. The Secretary shall assure that a substantial number of
women and members of minority groups are appointed to each selection
board established under this seciton.
Sec. 603. // 22 USC 4003. // Basis for Selection Board Review.-(a)
Recommendations and rankings by selection boards shall be based upon
records or the character, ability, conduct, quality of work, industry,
experience, dependability, usefulness, and general performance of
members of the Service. Such records may include reports prepared by or
on behalf of the Inspector General of the Department of State and the
Foreign Service, performance evaluation reports of supervisors, records
of commendations, reports of language test scores from the Foreign
Service Institute, awards, reprimands, and other disciplinary actions,
and (with respect to members of the Senior Foreign Service) records of
current and prospective assignments.
(b) Precepts for selection boards shall include a description of the
needs of the Service for performance requirements, skills, and
qualities, which are to be considered in recommendations for promotion.
The precepts for selection boards responsible for recommending
promotions into and within the Senior Foreign Service shall emphasize
performance which demonstrates the strong policy formulation
capabilities, executive leadership qualities, and highly developed
functional and area expertise, which are required for the Senior Foreign
Service.
Sec. 604. // 22 USC 4004. // Confidentiality of Records.-The records
described in section 603(a) shall be maintained in accordance with
regulations prescribed by the Secretary. Except to the extent that they
pertain to the receipt, disbursement, and accounting for public funds,
such records shall be confidential and subject to inspection only by the
President, the Secretary, such employees of the Government as may be
authorized by law or assigned by the Secretary to work on such records,
the legislative and approprations committees of the Congress charged
with considering legislation and appropriations for the Service,and
representatives duly authorized by such committees. Access to such
records relating to a member of the Service shall be granted to such
member, upon written request.
Sec. 605. // 22 USC 4005. // Implementation of Selection Board
Recommendations. -.(a) Recommendations for promotion 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, 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, the Secretary may remove the name of an individual
from the rank order list submitted by a selection board or delay the
promotion of an individual named in such a list.
Sec. 606. // 22 USC 4006. // Other Bases for Increasing Pay.-(a) The
Secretary may pursuant to a recommendation of the Foreign Service
Grievance Board, an equal employment opportunity appeals examiner, or
the Special Counsel of the Merit Systems Protection Board, and shall
pursuant to a decision or order of the Merit Systems Protection Board--,
(1) recommend to the President a promotion of a member of the
Service under section 302(a);
(2) promote a member of the Service under section 303;
(3) grant performance pay to a member of the Senior Foreign
Service under section 405(c); or
(4) grant a within-class salary increase under section 406 to a
member of the Service who is assigned to a salary class in the
Foreign Service Schedule.
(b) In implementing subsection (a) of this section and in cases in
which the Secretary has exercised the authority of section 605(b), the
Secretary may, in special circumstances set forth by regulation, make
retroactive promotions, grant performance pay, make retroactive
within-class salary increases, and recommend retroactive promotions by
the President.
Sec. 607. // 22 USC 4007. // Retirement for Expiration of Time in
Class.-(a)(1) The Secretary shall, by regulation, establish maximum time
in class limitations for--,
(A) career members of the Senior Foreign Service,
(B) Foreign Service officers, and
(C) other career members of the Service who are in such
occupational categories as may be designated by the Secretary and
who are assigned to salary classes in the Foreign Service Schedule
to which Foreign Service officers may also be assigned.
(2) Maximum time in class limitations under this subsection (which
may not be less than 3 years for career members of the Senior Foreign
Service) may apply with respect to the time a member may remain in a
single salary class or in a combination of salary classes.
(3) The Secretary may, by regulation, increase or decrease any
maximum time in class established under this subsection as the needs of
the Service may require. If maximum time in class is decreased, the
Secretary shall provide any member of the Service who is in a category
and salary class subject to the new time in class limitation an
opportunity to remain in class (nothwithstanding the new limitation) for
a period which is at least as long as the shorter of--,
(A) the period which the member would have been permitted to
remain in class but for the decrease in maximum time in class, or
(B) such minimum period as the Secretary determines is
necessary to provide members of the Service who are in the same
category and salary class as that member a reasonable opportunity
to be promoted into the next higher class or combination of
classes, as the case may be.
(b) Members of the Service whose maximum time in class under
subsection (a) expires--,
(1) after they have attained the highest salary class for their
respective occupational categories, or
(2) in the case of members of the Senior Foreign Service, while
they are in salary classes designated by the Secretary,
may continue to serve only under limited extensions of their career
appointments. Such limited extensions may not exceed 5 years in
duration and may be granted and renewed by the Secretary in accordance
with the recommendations of selection boards established under section
602. Members of the Service serving under such limited career
extensions shall continue to be career members of the Service.
(c) Any member of the Service--,
(1) whose maximum time in class under subsection (a) expires
and who is not promoted to a higher class or combination of
classes, as the case may be, or
(2) whose limited career extension under subsection (b) expires
and is not renewed,
shall be retired from the Service and receive benefits in accordance
with section 609, subject to any career extension under subsection (d)
of this section.
(d) Notwithstanding any other provision of this section--,
(1) the career appointment of a member of the Service whose
maximum time in class under subsection (a) expires, or whose
limited career extension under subsection (b) expires, while that
member is occupying a position to which he or she was appointed by
the President, by and with the advice and consent of the Senate,
shall be extended until the appointment to that position is
terminated; and
(2) if the Secretary determines it to be in the public
interest, the Secretary may extend temporarily the career
appointment of a career member of the Service whose maximum time
in class or limited career extension expires, but in no case may
any extension under this paragraph exceed one year and such
extensions may be granted only in special circumstances.
Sec. 608. // 22 USC 4008. // Retirement Based on Relative
Performance.-(a) The Secretary shall prescribe regulations concerning
the standards of performance to be met by career members of the Service
who are citizens of the United States. Whenever a selection board
review indicates that the performance of such a career member of the
Service may not meet the standards of performance for his or her class,
the Secretary shall provide for administrative review of the performance
of the member. The review shall include an opportunity for the member
to be heard.
(b) In any case where the administrative review conducted under
subsection (a) substantiates that a career member of the Service has
failed to meet the standards of performance for his or her class, the
member shall be retired from the Service and receive benefits in
accordance with section 609.
Sec. 609. // 22 USC 4009. // Retirement Benefits.-(a) A member of
the Service--,
(1) who is retired under section 607(c)(2); or
(2) who is retired under section 607(c)(1) or 608(b)--,
under
section 811, or
to
class 1 in the Foreign Service Schedule,
shall receive retirement benefits in accordance with section 806.
(b) Any member of the Service (other than a member to whom subsection
(a) applies) who is retired under section 607(c)(1) or 608( b) shall
receive--,
(1) one-twelfth of a year's salary at his or her then current
salary rate for each year of service and proportionately for a
fraction of a year, but not exceeding a total of one year's salary
at his or her then current salary rate, payable without interest
from the Foreign Service Retirement and Disability Fund in 3 equal
installments, such installments to be paid on January 1 of each of
the first 3 calendar years beginning after the retirement of the
member (except that in special cases, the Secretary of State may
accelerate or combine such installments); and
(2) a refund as provided in section 815 of the contributions
made by the member to the Foreign Service Retirement and
Disability Fund, except that in lieu of such refund a member who
has at least 5 years of service credit toward retirement under the
Foreign Service Retirement and Disability System (excluding
military and naval service) may elect to receive an annuity,
computed under section 806, commencing at age 60.
In the event that a member of the Service has elected to receive
retirement benefits under paragraph (2) and dies before reaching age 60,
his or her death shall be considered a death in service within the
meaning of section 809.
Sec. 610.
// 22 USC 4010. // Separation for Cause.-(a)(1) The Secretary may
separate any member from the Service for such cause as will promote the
efficiency of the Service.
(2) A member of the Service who is a member of the Senior Foreign
Service or is assigned to a salary class in the Foreign Service Schedule
and who either (A) is serving under a career appointment, or (B) if
separation is to be by reason of misconduct, is serving under a limited
appointment, shall not be separated from the Service under this section
until the member has been granted a hearing before the Foreign Service
Grievance Board and the cause for separation established at such
hearing, unless the member waives in writing the right to a hearing.
The hearing provided under this paragraph shall be in accordance with
the hearing procedures applicable to grievances under section 1106 and
shall be in lieu of any other administrative procedure authorized or
required by this or any other law.
(b) Any participant in the Foreign Service Retirement and Disability
System who is separated under subsection (a) shall be entitled to
receive a refund as provided in section 815 of the contributions made by
the participant to the Foreign Service Retirement and Disability Fund.
Except in cases where the Secretary determines that separation was based
in whole or in part on the ground of disloyalty to the United States, a
participant who has at least 5 years of service credit toward retirement
under the Foreign Service Retirement and disability System (excluding
military and naval service) may elect, in lieu of such refund, to an
annuity, computed under section 806, commencing at age 60.
Sec. 611. // 22 USC 4011. // Termination of Limited Appointments.-
Except as provided in section 610(a)(2), the Secretary may terminate at
any time the appointment of any member of the Service serving under a
limited appointment who is in the Senior Foreign Service, who is
assigned to a salary class in the Foreign Service Schedule, or who is a
family member of a Government employee serving under a local
compensation plan established under section 408.
Sec. 612. // 22 USC. 4012. // Termination of Appointments of
Consular Agents and Foreign National Employees.-(a) The Secretary of
State may terminate at any time the appointment of any consular agent in
light of the criteria and procedures normally followed in the locality
in similar circumstances.
(b) The Secretary may terminate at any time the appointment of any
foreign national employee in light of the criteria and procedures
normally followed in the locality in similar circumstances.
Sec. 613. // 22 USC 4013. // Foreign Service Awards.-The President
shall establish a system of awards to confer appropriate recognition of
outstanding contributions to the Nation by members of the Service. The
awards system established under this section shall provide for
presentation by the President and by the Secretary of medals or other
suitable commendations for performance in the course of or beyond the
call of duty which involves distinguished, meritorious service to the
Nation, including extraordinary valor in the face of danger to life or
health.
Development,
Training, and Orientation
Sec. 701. // 22 USC 4021. // Foreign Service Institute.-(a) The
Secretary of State shall maintain and operate the Foreign Service
Institute (hereinafter in this chapter referred to as the " Institute"),
originally established under section 701 of the Foreign Service Act of
1946, // 55 USC 1041. // in order to promote career development within
the Service and to provide necessary training and instruction in the
field of foreign relations to members of the Service and to employees of
the Department and of other agencies. The Institute shall be headed by
a Director, who shall be appointed by the Secretary of State.
(b) To the extent practicable, the Secretary of State shall provide
training under this chapter which meets the needs of all agencies, and
other agencies shall avoid duplicating the facilities and training
provided by the Secretary of State through the Institute and otherwise.
Sec. 702. // 22 USC 4022. // Foreign Language Requirements.-(a) The
Secretary shall establish foreign language proficiency requirements for
members of the Service who are to be assigned abroad in order that
Foreign Service posts abroad will be staffed by individuals having a
useful knowledge of the language or dialect common to the country in
which the post is located.
(b) The Secretary of State shall arrange for appropriate language
training of members of the Service by the Institute or otherwise in
order to assist in meeting the requirements established under subsection
(a).
Sec. 703. // 22 USC 4023. // Career Development.-(a) The Secretary
shall establish a professional development program to assure that
members of the Service obtain the skills and knowledge required at the
various stages of their careers. With regard to Foreign Service
officers, primary attention shall be given to training for career
candidate officers and for midcareer officers, both after achieving
tenure and as they approach eligibility for entry to the Senior Foreign
Service, to enhance and broaden their qualifications for more senior
levels of responsibility in the Service. Training for other members of
the Service shall emphasize programs designed to enhance their
particular skills and expert knowledge, including development of the
management skills appropriate to their occupational categories.
(b) Junior Foreign Service officer training shall be directed
primaraily toward providing expert knowledge in the basic functions of
analysis and reporting as well as in consular, administrative, and
linguistic skills relevant to the full range of future job assignments
Midcareer training shall be directed primarily toward development and
perfection of management, functional, negotiating, and policy
development skills to prepare the officers progressively for more senior
levels of responsibility.
(c) At each stage the program of professional development should be
designed to provide members of the Service with the opportunity to
acquire skills and knowledge relevant to clearly established
professional standards of expected performance. Career candidates
should satisfactorily complete condidate training prior to attainment of
career status. Members of the Service should satisfactorily complete
midcareer training before appointment to the Senior Foreign Service.
(d) In formulating programs under this section, the Secretary should
establish a system to provide, insofar as possible, credit toward
university degrees for successful completion of courses comparable to
graduate-level, university courses.
(e) Training provided under this section shall be conducted by the
Department and by other governmental and nongovernmental institutions as
the Secretary may consider appropriate.
(f) The Secretary of State shall report annually to the Congress and
the President on the status of the professional development program and
the resources needed and made available to achieve it. The first such
report, to be submitted 90 days after the effective date of this Act,
shall set out the resources required to initiate successfully the
program established pursuant to this section.
Sec. 704. // 22 USC 4024. // Training Authorities.-(a) In the
exercise of functions under this chapter, the Secretary of State may--,
(1) provide for the general nature of the training and
instruction to be furnished by the Institute, including functional
and geographic area specializations;
(2) correlate training and instruction furnished by the
Institute with courses given at other Government institutions and
at private institutions which furnish training and instruction
useful in the field of foreign affairs;
(3) encourage and foster programs complementary to those
furnished by the Institute, including through grants and other
gratuitous assistance to nonprofit institutions cooperating in any
of the programs under this chapter;
(4)(A) employ in accordance with the civil service laws such
personnel as may be necessary to carry out the provisions of this
chapter, and
(B) if and to the extent determined to be necessary by the
Secretary of State, obtain without regard to the provisions of law
governing appointments in the competitive service, by appointment
or contract (subject to the availability of appropriations), the
services of individuals to serve as language instructors,
linguists, and other academic and training specialists (including,
in the absence of suitably qualified United States citizens,
qualified individuals who are not citizens of the United States);
and
(5) acquire such real and personal property and equipment as
may be necessary for the establishment, maintenance, and operation
of the facilities necessary to carry out the provisions of this
chapter without regard to section 3709 of the Revised Statutes of
the United States (41 U.S.C. 5) and section 302 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 252).
(b) In furtherance of the objectives of this Act, the Secretary
may--,
(1) pay the tuition and other expenses of members of the
Service and employees of the Department who are assigned or
detailed in accordance with law for special instruction or
training including orientation, language, and career development
training;
(2) pay the salary (excluding premium pay or any special
differential under section 411) of members of the Service selected
and assigned for training; and
(3) provide special monetary or other incentives to encourage
members of the Service to acquire or retain proficiency in foreign
languages or special abilities needed in the Service.
(c) The Secretary may provide to family members of members of the
Service or of employees of the Department or other agencies, in
anticipation of their assignment abroad or while abroad--,
(1) appropriate orientation and language training; and
(2) functional training for anticipated prospective employment
under section 311.
Sec. 705. // 22 USC 4025. // Training Grants.-(a) To facilitate
training provided to members of families of Government employees under
this chapter, the Secretary may make grants (by advance payment or by
reimbursement) to family members attending approved programs of study.
No such grant may exceed the amount actually expended for necessary
costs incurred in conjunction with such attendance.
(b) If a member of the Service whois assigned abroad, or a member of
his or her family, is unable to participate in language training
furnished by the Government through the Instutute or otherwise, the
Secretary may compensate that individual for all or part of the costs of
language training, related to the assignment abroad, which is undertaken
at a public or private institution.
Sec. 706. // 22 USC 4026. // Career Counseling.-(a) In order to
facilitate their transition from the Service, the Secretary may provide
(by contract or otherwise, subject to the availability of
appropriations) professional career counseling, advice, and placement
assistance to members of the Service, and to former members of the
Service who were assigned to receive counseling and assistance under
this subsection before they were separated from the Service, other than
those separated for cause.
(b)(1) The Secretary may facilitate the employment of spouses of
members of the Service by--,
(A) providing regular career counseling for such spouses;
(B) maintaining a centralized system for cataloging their
skills and the various governmental and nongovernmental employment
opportunities available to them; and
(C) otherwise assisting them in obtaining employment.
(2) The Secretary shall establish a family liaison office to carry
out this subsection and such other functions as the Secretary may
determine.
System
Sec. 801. // 22 USC 4041. // Administration of the System.-In
accordance with such regulations as the President may prescribe, the
Secretary of State shall administer the Foreign Service Retirement and
Disability System (hereinafter in this chapter referred to as the "
System"), originally established pursuant to section 18 of the Act of
May 24, 1924 (43 Stat. 144). // 22 USC 21. //
Sec. 802. // 22 USC 4042. // Maintenance of the Fund.-The Secretary
of the Treasury shall maintain the special fund known as the Foreign
Service Retirement and Disability Fund (hereinafter in this chapter
referred to as the " Fund"), originally created by section 18 of the Act
of May 24, 1924 (43 Stat. 144). // 22 USC 21. //
Sec. 803. // 22 USC 4043. // Participants.-(a) The following members
of the Service (hereinafter in this chapter referred to as
"participants") shall be entitled to the benefits of the System:
(1) Every member who is serving under a career appointment or
as a career candidate under section 306--,
(2) Every chief of mission, who is not a participant under
paragraph (1), who--,
period of
20 years or more, and
each
year of such service in accordance with section 805.
(b) Any otherwise eligible member of the Service who is appointed to
a position in the executive branch by the President, by and with the
advice and consent of the Senate, or by the President alone, shall not
by virtue of the acceptance of such appointment cease to be eligible to
participate in the System.
(c) In addition to the individuals who are participants in the System
under the subsection (a), any individual who was appointed as a
Binational Center Grantee and who completed at least 5 years of
satisfactory service as such a grantee or under any other appointment
under the foreign Service Act of 1946 // 22 USC 801 // may become a
participant in the System, and shall receive credit for such service if
an appropriate special contribution is made to the Fund in accordance
with section 805(d) or (f).
Sec. 804. // 22 USC 4044. // Definitions.-As used in this chapter,
unless otherwise specified, the term--,
(1) "annuitant" means any individual, including a former
participant or survivor, who meets all requirements for an annuity
from the Fund under this or any other Act and who has filed a
claim for such annuity;
(2) "child" means an individual--,
a
student, is deemed to become 22 years of age on the
first
July 1 which occurs after birthday), or
(3) "court" means any court of any State or of the District of
Columbia;
(4) "court order" means any court decree of divorce or
annulment, or any court order or court approved property
settlement agreement incident to any court decree of divorce or
annulment;
(5) " Foreign Service normal cost" means the level percentage
of payroll required to be deposited in the Fund to meet the cost
of benefits payable under the System (computed in accordance with
generally accepted actuarial practice on an entry-age basis) less
the value of retirement benefits earned under another retirement
system for Government employees and less the cost of credit
allowed for military and naval service;
(6) "former spouse" means a former wife or husband of a
participant or former participant who was married to such
participant for not less than 10 years during periods of service
by that participant which are creditable under section 816;
(7) " Fund balance" means the sum of--,
(8) "lump-sum credit" means the compulsory and special
contributions to the credit of a participant or former participant
in the Fund plus interest on such contributions at 4 percent a
year compounded annually to December 31, 1976, and after such
date, for a participant who separates from the Service after
completing at least 1 year of civilian service and before
completing 5 years of such service, at the rate of 3 percent per
year to the date of separation (except that interest shall not be
paid for a fractional part of a month in the total service or on
compulsory and special contributions from an annuitant for recall
service or other service performed after the date of separation
which forms the basis for annuity);
(9) "military and naval service" means honorable active
service--,
Health
Service after June 30, 1960, or
and
Atmospheric Administration, or a predecessor
organization,
after June 30, 1961,
but does not include service in the National Guard except when
ordered to active duty in the service of the United States;
(10) "pro rata share", in the case of any former spouse of any
participant, means a percentage which is equal to the percentage
that (A) the number of years during which the former spouse was
married to the participant during the creditable service of that
participant is of (B) the total number of years of such creditable
service;
(11) "spousal agreement" means any written agreement between--,
(12) "student" means a child regularly pursing a full-time
course of study or training in residence in a high school, trade
school, technical or vocational institute, junior college,
college, university, or comparable recognized educational
institution (for purposes of this paragraph, a child who is a
student shall not be deemed to have ceased to be a student during
any period between school years, semesters, or terms if the period
of nonattendance does not exceed 5 calendar months and if the
child shows to the satisfaction of the Secretary of State that he
or she has a bona fide intention of continuing to pursue his or
her course of study during the school year, semester, or term
immediately following such period);
(13) "surviving spouse" means the surviving wife or husband of
a participant or annuitant who, in the case of a death in service
or marriage after retirement, was married to the participant or
annuitant for at least one year immediately preceding his or her
death or is a parent of a child born of the marriage; and
(14) "unfunded liability" means the estimated excess of the
present value of all benefits payable from the Fund over the sum
of--,
the
future basic salary of participants and of future agency
contributions to be made on their behalf, plus
liability
is determined.
Sec. 805. // USC 4045. // Contributions to the Fund.-(a) 7 percent
of the basic salary received by each participant shall be deducted from
the salary and contributed to the Fund for the payment of annuities,
cash benefits, refunds, and allowances. An equal amount shall be
contributed by the Department from the appropriations or fund used for
payment of the salary of the participant. The Department shall deposit
in the Fund the amounts deducted and withheld from basic salary and the
amounts contributed by the Department.
(b) Each participant shall be deemed to consent and agree to such
deductions from basic salary. Payment less such deductions shall be a
full and complete discharge and acquittance of all claims and demands
whatsoever for all regular services during the period covered by such
payment, except the right to the benefits to which the participant shall
be entitled under this Act, notwithstanding any law, rule, or regulation
affecting the salary of the individual.
(c)(1) If member of the Service who is under another retirement
system for Goverment employees becomes a participant in the System by
direct transfer, the total contributions and deposits of that member
that would otherwise be refundable on separation (except voluntary
contributions), including interest thereon, shall be transferred to the
Fund effective as of the date such member becomes a participant in the
system. Each such member shall be deeded to consent to the transfer of
such funds, and such transfer shall be a complete discharge and
acquittance of all claims and demands against the other Government
retirement fund on account of service rendered by such member prior to
becoming a participant in the System. (2) A member of the Service whose
contributions are tranferred to the Fund pursuant to paragraph (1) shall
not be required to make additional contributions for periods of service
for which required contribuitions were made to the other Government
retirement fund; nor shall any refund be made to any such member on
account of contributions made during any period to the other Government
retirement fund at a higher rate than that fixed by subsection (d).
(d)(1) Any participant credited with civilian service after July 1,
1924--,
(A) for which no retirement contributions, deductions, or
deposits have been made, or
(B) for which a refund of such contributions, deductions, or
deposits has been made which has not been redeposited,
may make a special contribution to the Fund equal to the following
percentages of basic salary received for such service:
TABLE OMITTED.
(2) Notwithstanding paragraph (1), a special contribution for prior
nondeposit service as a National Guard technician which would be
creditable toward retirement under subchapter III of chapter 83 of title
5, United States Code, // 5 USC 8331. // and for which a special
contribution has not been made, shall be equal to the special
contribution for such service computed in accordance with the schedule
in paragraph (1) multiplied by the percentage of such service that is
creditable under section 816.
(3) Special contributions under this subsection shall include intrest
computed from the midpoint of each service period included in the
computation, or from the date refund was paid, to the date of payment of
the special contribution or commencing date of annuity, whichever is
earlier. Interest shall be compounded at the annual rate of 4 percent
to December 31, 1976, and 3 percent thereafter. No interest shall be
charged on special contributions for any period of separation from
Government service which began before October 1, 1956. Special
contributions may be paid in installments (including by allotment of
pay) when authorized by the Secretary of State.
(e) Contributions shall not be required for any period of military
and naval service or for any period for which credit is allowed to
indivduals of Japanese ancestry under section 816 for periods of
internment during World War II.
(f) A participant or survivor may make a special contribution at any
time before receipt of annuity and may authorize payment by offset
against initial annuity accruals.
Sec. 806. // 22 USC 4046. // Computation of Annuities.-(a) The
annuity of a participant shall be equal to 2 percent of his or her
average basic salary for the highest 3 consecutive years of service
multiplied by the number of years, not exceeding 35, of service credit
obtained in accordance with sections 816 and 817, except that the
highest 3 years of service shall be used in computing the annuity of any
participant who serves an assignment in a position, as described in
section 302(b), to which the participant was appointed by the President
and whose continuity of service in that position is interrupted prior to
retirement by appointment or assignment to any other position determined
by the Secretary of State to be comparable importance. In determining
the aggregate period of service upon which the annuity is to be based,
the fractional part of a month, if any, shall not be counted. The
annuity shall be reduced by 10 percent of any special contribution
described in section 805(d) which is due for service for which no
contributions were made and which remains unpaid unless the participant
elects to eliminate the service involved for purposes of annuity
computation.
(b)(1)(A) Except to the extent provided otherwise under a written
election under subparagraph (B) or (C), if at the time of retirement a
participant or former participant is married (or has a former spouse who
has not remarried before attaining age 60), the participant shall
receive a reduce annuity and provide a survivor annuity for his or her
spouse under this subsection or former spouse under section 814(b), or a
combination of such annuities, as the case may be.
(B) At the time of retirement, a married participant or former
participant and his or her spouse may jointly elect in writing to waive
a survivor annuity for that spouse under this section (or under section
814(b) if the spouse later qualifies as a former spouse under section
804(6), or to reduce such survivor annuity under this section (or
section 814(b)) by designating a portion of the annuity of the
participant as the base for the survivor benefit. In the event the
marriage is dissolved following an election for such a reduced annuity
and the spouse qualifies as a former spouse, the base used in
calculating any annuity of the former spouse under section 814(b) may
not exceed the portion of the participant's annuity designated under
this subparagraph.
(C) If a participant or former participant has a former spouse, the
participant and such former spouse may jointly elect by spousal
agreement under section 820(b)(1) to waive a survivor annuity under
section 814(b) for that former spouse if the election is made (i) before
the end of the 12-month period after the divorce or annulment involing
that former spouse becomes final or (ii) at the time of retirement,
whichever occurs first.
(D) The Secretary of State may prescribe regulations under which a
participant or former participant may make an election under
subparagraph (B) or (C) without the participant's spouse or former
spouse if the participant establishes to the satisfaction of the
Secretary of State that the participant does not know, and has taken all
reasonable steps to determine, the whereabouts of the spouse or former
spouse.
(2) The annuity of a participant or former participant providing a
survivor benefit under this section (or section 814(b)), excluding any
portion of the annuity not designated or committed as a base for any
survivor annuity, shall be reduced by 2 1/2 percent of the first $3,600
plus 10 percent of any amount over $3,600. The reduction under this
paragraph shall be calculated before any reduction under section 814(
a)(5).
(3)(A) If a former participant entitled to receive a reduced annuity
under this subsection dies and is survived by a spouse, a survivor
annuity shall be paid to the surviving spouse equal to 55 percent of the
full amount of the participant's annuity computed under subsection (a),
or 55 percent of any lesser amount elected as the base for the survivor
benefit under paragraph (1)(B).
(B) Notwithstanding subparagraph (A), the amount of the annuity
calculated under subparagraph (A), for a surviving spouse in any case in
which there is also a surviving former spouse of the participant who
qualifies for an annuity under section 814(b) may not exceed 55 percent
of the portion (if any) of the base for survivor benefits which remains
available under section 814(b)(4)(B).
(C) An annuity payable from the Fund to a surviving spouse under this
paragraph shall commence on the day after the participant dies and shall
terminate on the last day of the month before the surviving spouse's
death or remarriage before attaining age 60. if such a survivor annuity
is terminated because of marriage, it shall be restored at the same rate
commencing on the date such remarriage is terminated if any lump sum
paid upon termination of the annuity is returned to the Fund.
(c)(1) if an annuitant who was a participant dies is survived by a
spouse and by a child or children, in addition to the annuity payable to
the surviving spouse, there shall be paid to or on behalf of each child
an annuity equal to the smaller of--,
(A) $900, or
(B) $2,700 divided by the number of children.
(2) If an annuitant who was a participant dies and is not survived by
a spouse but by a child or children, each surviving child shall be paid
an annuity equal to the smaller of--
(A) $1,080, or
(B) $3,240 divided by the number of children.
(3) The amounts specified in this subsection are subject to --,
(A) cost-of-living adjustments as specified under section 826(
c)(3), and
(B) the minimum specified in subsection (1)(2) of this section.
(d) If a surviving spouse dies or the annuity of a child is
terminated, the annuities of any remaining children shall be recomputed
and paid as though such spouse or child had not survived the
participant. If the annuity to a surviving child who has been receving
an annuity is initiated or resumed, the annuities of any other children
shall be recomputed and paid from that date as though the annuities to
all currently eligible children in the family were then being initiated.
(e) The annuity payable to a child under subsection (c) or (d) shall
begin on the day after the participant dies, or if the child is not then
qualified, on the first day of the month in wich the child becomes
eligible. The annuity of a child shall terinate on the last day of the
month which precedes the month in wich eligibility ceases.
(f) At the time of retirement an unmarried participant who does not
have a former spouse for whose benefit a reduction is made under
subsection (b) may elect to receive a reduced annuity and to provide for
an annuity equal to 55 percent of the reduced annuity payable after his
or her death to a beneficiary whose name is designated in writing to the
Secretray of State. The annuity payable to a partici- pant making such
election shall be reduced by 10 percent of an annuity computed under
subsection (a) and by 5 percent of an annuity so computed for each full
5 years the designated beneficiary is younger than the retiring
participant, but such total reduction shall not exceed 40 percent. No
such election of a reduce annuity payable to a beneficiary shall be
valid until participant has satisfactorily passed a physical examination
as prescribed by the Secretary of State. The annuity payable to a
beneficiary under this subsection shall begin on the day after the
annuitant dies and shall treminate on the last day of the month
preceding the death of the beneficiary. An annuity which is reduced
under this subsection (or any similar prior provision of law) shall,
effective the first day of the month following the death of the
beneficiary named under this subsection, be recomputed and paid as if
the annuity had not been so reduced.
(g) A participant or former participant who was unmarried at
retirement and who later marries may, within one year after such
marriage, irrevocably elect in writing to receive a reduced annuity and
to provide a survivor annuity for the spouse (if such spouse qualifies
as a surviving spouse under section 804(13)). Receipt by the Secretary
of State of notice of an election under this subsection voids
prospectivley any election made under subsection (f). The reduction in
annuity required by an election under this subsection shall be computed
and the amount of the survivor annuity shall be determined in accordance
with subsections (b) (2) and (3). The annuity reduction or
recomputation shall be effective the first day of the month beginning
one year after the date of marriage.
(h) A surviving spouse or surviving former spouse of any participant
or former participant shall not become entitled to a survivor annuity or
to the restoration of a survivor annity payable from the Fund unless the
survivor elects to receive it instead of any other survivor annuity to
which he or she may be entitled under this or any other retirement
system for Government employees on the basis of a marriage to someone
other than that participant.
(i)(1) Any married annuitant who reverts to retired status with
entitlement to a supplemental annuity under section 823 shall, unless
the annuitant and his or her spouse jointly elect in writing to the
contrary at that time, have the supplemental annuity reduced by 10
percent to provide a supplemental survivor annuity for his or her
spouse. Such supplemental survivor annuity shall be equal to 55 percent
of the supplemental annuity of the annuitant and shall be payable to a
surviving spouse to whom the annuitant was married at the time of
reversion to retired status or whom the annuitant subsequently married.
(2) The Secretary of State shall issue regulations to provide for the
application of paragraph (1) of this subsection 823 in any case in which
an annuitant has a former spouse who was married to the participant at
any time during a period of recall service and who qualifies for an
annuity under section 814(b).
(j) An annuity which is reduced under this section or any similar
prior provision of law to provide a survivor benefit for a spouse shall,
if the marriage of the participant to such spouse is dissolved, be
recomputed and paid for each full month during which an annuitant is not
married (or is remarried if there is no election in effect under the
following sentence) as if the annuity had not been so reduced, subject
to any reduction required to provide a survivor benefit under section
814 (b) or (c). Upon remarriage the retired participant may irrevocably
elect, by means of a signed writing recevived by the Secretary within
one year after such remarriage, to receive during such marriage a
reduction in annuity for the purpose of allowing an annuity for the new
spouse of the annuitant in the event such spouse survives the annuitant.
Such reduction shall be equal to the reduction if effect immediately
before the dissolution of the previous marriage (unless such reduction
is adjusted under section 814(b)(5)), and shall be effective the first
day of the month beginning one year after the date of remarriage. A
survivor elected under this subsection shall be treated in all respects
as a survivor annuity under subsection (b).
(k) The Secretary of State shall, on an annual basis--,
(1) inform each participant of his or her right of election
under subsections (g) and (j); and
(2) to the maximum extent practicable, inform spouses or former
spouses of participant or former participants of their rights
under this section 814.
(l)(1) The monthly rate of an annuity payable under this chapter to
an annuitant, other than a child, shall not be less than the smallest
primary insurance amount, including any cost-of-living increase added to
that amount, authorized to be paid from time to time under title II of
the Social Security Act (42 U.S.C. 401 et seq.).
(2) The montly rate of an annuity payable under this chapter to a
surviving child shall not be less than the smallest primary insurance
amount, including any cost-of-living increase added to that amount,
authorized to be paid from time to time under title II of the Social
Security Act (42 U.S.C. 401 et seq.) or three times such primary
insurance amount divided by the number of surviving chuldren entitled to
an annuity, whichever is the lesser.
(3) This subsection does not apply to an annuitant or to a survivor
who is or becomes entitled to receive from the United States an annuity
or retired pay under any other civilian or military retirement system,
benefits under title II of the Social Security Act (42 U.S.C. 401 et
seq.), a pension, veterans' compensation, or any other periodic payment
of a similar nature, when the montly rate therof is equal to or greater
than the smallest primary insurance amount, including any cost-of-living
increase added to that amount, authorized to be paid from time to time
under title II of the Social Security Act (42 U.S.C. 401 et seq.).
(4) This subsection shall not apply to the extent provided in section
814(d).
Sec. 807. // 22 USC 4047. // Payment of Annuity.-(a) Except as
otherwise provided, the annuity of a former participant who has met the
eligibility requirements for an annuity shall commence on the day after
separation from the Service or on the day after pay ceases. The annuity
of a former participant who is entitled to a deferred annuity under this
Act shall become effective on the day he or she attains age 60.
(b) The annuity to a survivor shall become effective as otherwise
specified but shall not be paid until the survivor submits an
application for such annuity, supported by such proof of eligibility as
the Secretary of State may require. If such application or proof of
eligibility is not submitted during the lifetime of an otherwise
eligible individual, no annuity shall be due or payable to his or her
estate.
(c) An individual entitled to annuity from the Fund may decline to
accept all or any part of the annuity by submitting a signed waiver to
the Secretary of State. The waiver may be revoked in writing at any
time. Payment of the annuity waived may not be made for the period
during which the waiver was in effect.
(d) Recovery of overpayments under this chapter may not be made from
an individual when, in judgement of the Secretary of State, the
individual is without fault and recovery would be against equity and
good conscience or administratively infeasible.
Sec. 808. // 22 USC 4048. // Retirement for Disability or
Incapacity.-(a) Any participant who has at least 5 years of service
credit toward retirement under the System (excluding military and naval
service) and who becomes totally disabled or incapacited for useful and
efficient service by reason of disease, illness, or injury (not due to
vicious habits, intemperance, or willful conduct of the participant)
shall, upon his or her own application or upon order of the Secretray,
be retired on an annuity computed as prescribed in section 806. If the
disabled or incapacitated participant has less than 20 years of service
credit toward retirement under the System at the time of retirement his
or her annuity shall br computed on the assumption that the participant
has had 20 years of service, except that the additional service credit
that may accrue to a participant under this sentence shall in no case
exceed the difference between his or her age at the time of retirement
and age 65.
(b) Before being retired under this section, the participant shall be
given a physical examination by one or more duly qualified physicians or
surgeons designated by the Secretary of State to conduct examinations.
Disability or incapacity shall be determined by the Secretary of State
on the basis of the advice of such physicians or surgeons. Unless the
disability or incapacity is permanent, like examinations shall be made
annually until the annuitant has attained age 65. If the Secretary of
State determines on the basis of the advice of one or more duly
qualified physicians or surgeons conducting such examinations that an
annuitant has recovered to the extent that he or she can return to duty,
the annuitant may apply for reinstatement or reappointment in the
Service within 1 year from the date recovery is determined. Upon
application, the Secretary shall reinstate such recovered annuitant in
the class in which the annuitant was serving at time of retirement, or
the Secretary may taking into consideration the age, qualifications, and
experience of such annuitant, and the present class of his or her
contemporaries in the Service, appoint or recommend that the President
appoint the annuitant to a higher class. Payment of the annuity shall
continue until a date 6 months after the date of the examination showing
recovery or until the date of reinststement or reappointment in the
Service, whichever is earlier. Fees for examinations under this
section, together with reasonable traveling and other expenses incurred
in order to submit to examination, shall be paid out of the Fund. If
the annuitant fails to submit to examination as required under this
subsection, payment of the annuity shall be suspended until continuance
of the disability or incapacity is satisfactorily established.
(c) If a recovered annuitant whose annuity is discontinued is for any
reason not reinstated or reappointed in the Service, he or she shall be
considered to have been separated within the meaning of section 810 as
of the date of retirement for disability or incapacity and shall, after
the discontinuance of the annuity, be entitled to the benefits of that
section or of section 815, except that he or she may elect voluntary
retirement if eligible under section 811.
(d) No participant shall be entitled to receive an annuity under this
Act and compensation for injury or disability to himself or herself
under subchapter I of chapter 81 of title 5, United States Code, // 5
USC 8101. // covering the same period of time, except that a
participant may simultaneously receive both an annuity under this
section and scheduled disability payments under section 8107 of title 5,
United States Code. This subsection shall not bar the right of any
claimant to the greater benefit conferred by either this Act or such
subchapter for any part of the same period of time. Neither this
subsection nor any provision of such subchapter shall be construed to
deny the right of any participant to receive an annuity under this Act
and to receive concurrently any payment under such subchapter by reason
of the death of any other individual
(e) Notwithstanding any law, the right of any individual entitled to
an annuity under this Act shall not be affected because such person has
received an award of compensation in lump sum under section 8135 of
title 5, United States Code, except that where such annuity is payable
on account of the same disability for which compensation under such
section has been paid, so much of such compensation as has been paid for
any period extended beyond the date such annuity becomes effective, as
determined by the Secretary of Labor, shall be refund to the Department
of Labor, to be paid into the Federal Employees' Compensation Fund.
Before such individual receives such annuity, he or she shall--,
(1) refund to the Department of labor the amount representing
such commuted payments for such extended period, or
(2) authorize the deduction of such amount from the annuity
payable under this Act, which amount shall be transmitted to the
Department of Labor for reimbursement to such Fund.
Deductions from such annuity may be made from accrued and accruing
payments, or may be reported against and paid from accruing payments in
such manner as the Secretary of Labor shall determine, whenever the
Secretary of Labor finds that the financial circumstances of the
annuitant warrant deferred refunding.
(f) A claim may be allowed under this section only if the application
is filed with the Secretary of State before the participant is separated
from the Service or within one year thereafter. This time limitation
may be waived by the Secretary of State for a participant who at the
date of separation from the Service or within one year thereafter is
mentally incompetent, if the application is filed with the Secertary of
State within one year from the date of restoration of the participant to
competency or the appointment of a fiduciary, whichever is earlier.
Sec. 809. // 22 USC 4049. // Death in Service.-(a) If a participant
dies and no claim for annuity is payable under this Act, the lump-sum
credit shall be paid in accordance with section 815.
(b) If participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement or
other separation from the Service and is survived by a spouse or former
spouse qualifying for an annuity under section 814(b), such surviving
spouse shall be entitled to an annuity equal to 55 percent of the
annuity computed in accordance with subsections (e) and (g) of this
section and section 806(a) and any surviving former spouse shall be
entitled to an annuity under section 814(b) as if the participant died
after being entitled to an annuity under this chapter. If the
participant had less than 3 years creditable civilian service at the
time of death, the survivor annuity shall be computed on the basis of
the average salary for the entire period of such service.
(c) If a participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement or
other separation from the Service and is survived by a spouse and a
child or children, each surviving child shall be entitled to an annuity
computed in accordance with subsections (c)(1) and (d) of section 806.
(d) If a participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement or
other separation from the Service and is not survived by a spouse, but
by a child or children, each surviving child shall be entitled to an
annuity computed in accordance with subsections (c)(2) and (d) of
section 806.
(e) If, at the time of his or her death, the participant had less
than 20 years of service credit toward retirement under the System, the
annuity payable in accordance with subsection (b) shall be computed in
accordance with section 806 on the assumption he or she has had 20 years
of service, except that the additional service credit that may accrue to
a deceased participant under this subsection shall in no case exceed the
difference between his or her age on the date of death and age 65. In
all cases arising under this subsection or subsection (b), (c), (d), or
(g), it shall be assumed that the deceased participant was qualified for
retirement on the date of death.
(f) If an annuitant entitled to a reduced annuity dies in service
after being recalled under section 308 and is survived by a spouse or
former spouse entitled to a survivor annuity based on the service of
such annuitant, such survivor annuity shall be computed as if the recall
service had otherwise terminated on the day of death and the annuity of
the deceased had been resumed in accordance with section 823. If such
death occurs after the annuitant had completed sufficient recall service
to attain eligibility for a supplemental annuity, a surviving spouse or
surviving former spouse who was married to the participant at any time
during a period of recall service shall be entitled to elect, in
addition to any other benefits and in lieu of a refund of retirement
contributions made during the recall service, a supplemental survivor
annuity computed and paid under section 806(i) as if the recall service
had otherwise terminated. If the annuitant had completed sufficient
recall service to attain eligibility to have his or her annuity
determined anew, a surviving spouse or such a surviving former spouse
may elect, in lieu of any other survivor benefit under this chapter, to
have the rights of the annuitant redetermined and to receive a survivor
annuity computed under subsection (b) on the basis of the total service
of the annuitant.
(g) Notwithstanding subsection (b), if the participant or former
participant had a former spouse qualifying for an annuity under section
814(b), the annuity of the spouse under this section shall be subject to
the limitation of section 806(b)(3)(B).
(h) Annuities that become payable under this section shall commence,
terminate, and be resumed in accordance with subsection (b)(4), (e), or
(h) of section 806, as appropriate.
Sec. 810. // 22 USC 4050. // Discontinued Service Retirement.-Any
participant who voluntarily separates from the Service after obtaining
at least 5 years of service credit toward retirement under the System
(excluding military and naval service) may upon separation from the
Service or at any time prior to becoming eligible for an annuity elect
to have his or her contributions to the Fund returned in accordance with
section 815, or to leave his or her contributions in the Fund and
receive an annuity, computed under section 806, commencing at age 60.
Sec. 811. // 22 USC 4051. // Voluntary Retirement.-Any participant
who is at least 50 years of age and has 20 years of creditable service,
including at least 5 years of service credit toward retirement under the
System (excluding military and naval service), may on his or her own
application and with the consent of the Secretary be retired from the
Service and receive retirement benefits in accordance with section 806.
Sec. 812. // 22 USC 4052. // Mandatory Retirement.-(a) Except as
provided in subsection (b), any participant shall be retired from the
Service at the end of the month in which the participant has reached age
65 and has at least 5 years of service credit toward retirement under
the System (excluding military and naval service), and shall receive
retirement benefits in accordance with section 806.
(b)(1) Any participant who is otherwise required to retired to retire
under subsection (a) while occupying a position to which he or she was
appointed by the President, by and with the advice and consent of the
Senate, may continue to serve until that appoinment is terminated.
(2) Whenever the Secretary determines it to be in the public
interest, any participant who is otherwise required to retire under
subsection (a) may be retained on active service for a period not to
exceed 5 years.
(3) Any participant who completes a period of service authorized by
this subsection shall be retired at the end of the month in which such
authorized service is completed.
Sec. 813. // 22 USC 4053. // Retirement of Former Presidential
Appointees.-If a participant completes an assignment under section 302(
b) in a position to which he or she was appointed by the President and
has not been reassigned within 3 months after the termination of such
assignment (plus any period of authorized leave), the participant shall
be retired from the Service and receive retirement benefits in
accordance with section 806.
Sec. 814. // 22 USC 4054. // Former Spouses.-(a)(1) Unless otherwise
expressly provided by any spousal agreement or court order under section
820(b)(1), a former spouse of a participant or former participant is
entitled to an annuity--,
(A) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the annuity of
the participant; or
(B) if not married to the participant throughout such
creditable service, equal to that former spouse's pro rata share
of 50 percent of such annuity.
(2) A former spouse shall not be qualified for an annuity under this
subsection if before the commencement of that annuity the former spouse
remarries before becoming 60 years of age.
(3) The annuity of a former spouse under this subsection commences on
the later of the day the participant upon whose service the annuity is
based becomes entitled to an annuity under this chapter on the first day
of the month in which the divorce or annulment involved becomes final.
The annuity of such former spouse and the right thereto terminate on--,
(A) the last day of the month before the former spouse dies or
remarries before 60 years of age; or
(B) the date the annuity of the participant terminates (except
in the case of an annuity subject to paragraph (5)(B)).
(4) No spousal agreement or court order under section 820(b)(1)
involving any participant may provide for an annuity or any combination
of annuities under this subsection which exceeds the annuity of the
participant, nor may any such court order relating to an annuity under
this subsection be given effect if it is issued more than 12 months
after the date the divorce or annulment involved becomes final.
(5)(A) The annuity payable to any participant shall be reduced by the
amount of an annuity undr this subsection paid to any former spouse
based upon the service of that participant. Such reduction shall be
disregarded in calculating the survivor annuity for any spouse, former
spouse, or other survivor under this chapter, and in calculating any
reduction in the annuity of the participant to provide survivor benefits
under subsection (b) or section 806(b)(3).
(B) If any annuitant whose annuity is reduced under subparagraph (A)
is recall to service under section 308, or reinstated or reappointed in
the Service in the case of a recovered disability annuitant or if any
annuitant is reemployed as provided for under section 824, the salary of
that annuitant shall be reduced by the same amount as the annuity would
have been reduced if it continued. Amounts equal to the reductions under
this subparagraph shall be deposited in the Treasury of the United
States to the credit of the Fund.
(6) Notwithstanding paragraph (3), in the case of any former spouse
of a disability annuitant--,
(A) the annuity of that former spouse shall commence on the
date the participant would qualify on the basis of his or her
creditable service for an annuity under this chapter (other than a
disability annuity) or the date the disability annuity begins,
whichever is later, and
(B) the amount of the annuity of the former spouse shall be
calculated on the basis of the annuity for which the participant
would otherwise so qualify.
(7) An annuity under this subsection shall be treated the same as a
survivor annuity under subsection (b) for purposes of section 806(h) or
any comparable provision of law.
(b)(1) Subject to any election under section 806(b)(1)(C) and unless
otherwise expressly provided by any spouse agreement or court order
under section 820(b)(1), if a former participant who is entitled to
receive an annuity is survived by a former spouse, the former spouse
shall be entitled to a survivor annuity--,
(A) if married to the participant throughout the creditable
service of the participant, equal to 55 percent of the full amount
of the participant'a annuity, as computed under section 806(a);
or
(B) if not married to the participant throughout such
creditable service, equal to that former spouse's pro rata share
of 55 percent of the full amount of such annuity.
(2) A former spouse shall not be qualified for an annuity under this
subsection if before the commencement of that annuity the former spouse
remarries before becoming 60 years of age.
(3) An annuity payable from the Fund to a surviving former spouse
under this subsection shall commence on the day after the annuitant dies
and shall terminate on the last day of the month before the former
spouse's death or remarriage before attaining age 60. If such a
survivor annuity is terminated because of remarriage, it shall be
restored at the same rate commencing on the date such remarriage is
terminated if any lump sum paid upon termination of the annuity is
returned to the Fund.
(4)(A) The maximum survivor annuity or combination of survivor
annuities under this section (and section 806(b)(3)) with respect to any
participant or former particpant may not exceed 55 percent of the full
amount of the participant's annuity, as calculated under section 806(a).
(B) Once a survivor annuity has been provided for under this
subsection for any former spouse, a survivor annuity may thereafter be
provided under this subsection (or section 806(b)(3)) with respect to a
participant or former participant only for that portion (if any) of the
maximum available whuch is not committed for survivor benefits for any
former spouse whose prospective right to such annuity has not terminated
by reason of death or remarriage.
(C) After the death of a participant or former participant, a court
order under section 820(b)(1) may not adjust the amount of the annuity
of any former spouse under this section.
(5)(A) For each full month after a former spouse of a participant or
former participant dies or remarries before attaining age 60, the
annuity of the participant, if reduced to provide a survivor annuity for
that former spouse, shall be recomputed and paid as if the annuity had
not been so reduced, unless an election is in effect under subparagraph
(B).
(B) Subject to paragraph (4)(B), the participant may elect in writing
within one year after receipt of notice of the death or remarriage of
the former spouse to continue the reduction in order to provide a higher
survivor annuity under section 806(b)(3) for any spouse of the
participant.
(c)(1) In the case of any participant or former participant providing
a survivor annuity benefit under subsection (b) for a former spouse--,
(A) such participant may elect, or
(B) a spouse agreement or court order under section 820(b)(1)
may provide for,
an additional survivor annuity under this subsection for any other
former spouse or spouse surviving the participant, if the participant
satisfactorily passes a physical examination as prescribed by the
Secretary of State.
(2) Neither the total amount of survivor annuity or annuities under
this subsection with respect to any participant or former participant,
nor the survivor annuity or annuities for any one surviving spouse or
former spouse of such participant under this section and section 806,
shall exceed 55 percent of the full amount of the participant's annuity,
as computed under section 806(a).
(3)(A) In accordance with regulations which the Secretary of State
shall prescribe, the participant involved may provide for any annuity
under this subsection--,
(i) by a reduction in the annuity or an allotment from the
salary of the participant,
(ii) by a lump sum payment or installment payments to the Fund,
or
(iii) by any combination thereof.
(B) The present value of the total amount to accrue to the Fund under
subparagraph (A) to provide any annuity under this subsection shall be
actuarially equivalent in value to such annuity, as calculated upon such
tables of mortality as may from time to time be prescribed for this
purpose by the Secretary of State.
(C) If a former spouse predeceases the participant or remarries
before attaining age 60 (or, in the case of a spouse, the spouse does
not qualify as a former spouse upon dissolution of the marriage)--,
(i) if an annuity reduction or salary allotment under
subparagraph (A) is in effect for that spouse or former spouse,
the annuity shall be recomputed and paid as if it had not been
reduced or the salary allotment terminated, as the case may be,
and
(ii) any amount accruing to the Fund under subparagraph (A)
shall be refunded, but only to the extent that such amount may
have exceeded the actuarial cost of providing benefits under this
subsection for the period such benefits were provided, as
determined under regulations prescribed by the Secretary of State.
(D) Under regulations prescribed by the Secretary of State, an
annuity shall be recomputed (or salary allotment terminated or
adjusted), and a refund provided (if appropriate), in a manner
comparable to that provided under subparagraph (C), in order to reflect
a termination or reduction of future benefits under this subsection for
a spouse in the event a former spouse of the participant dies or
remarries before attaining age 60 and increased annuity is provided for
that spouse in accordance with this chapter.
(4) An annuity payable under this subsection to a spouse or former
spouse shall commence on the day after the participant dies and shall
terminate on the last day of the month before the former spouse's death
or remarriage before attaining age 60.
(5) Section 826 shall not apply to any annuity under this subsection,
unless authorized under regulations prescribed by the Secretary of
State.
(d) Section 806(1) shall not apply--,
(1) to any annuity payable under subsection (a) or (b) to any
former spouse if the amount of that annuity varies by reason of a
spousal agreement or court order under section 820(b)(1), or an
election under section 806(b)(1)(B), from the amount which would
be calculated under subsection (a)(1) or (b)(1), as the case may
be, in the absence of such spousal agreement, court order, or
election; and
(2) to any annuity payable under subsection (c).
Sec. 815. // 22 USC 4055. // Lump-Sum Payments.-(a) Whenever a
participant becomes separated from the Service without becoming eligible
for an annuity or a deferred annuity under this chapter, a lump-sum
credit shall be paid to the participant (and to any former spouse of the
participant, in accordance with subsection (i)).
(b) Whenever an annuitant becomes separated from the Service
following a period of recall service without becoming eligible for a
supplemental or recomputed annuity under section 823, the compulsory
contributions of the annuitant to the Fund for such service, together
with any special contributions the annuitant may have made for other
service performed after the date of separation from the Service which
forms the basis for annuity shall be returned to the annuitant (and any
former spouse of the annuitant who was married to the participant during
the period of recall service, in accordance with subsection(i)).
(c) If all annuity rights under this chapter based on the service of
a deceased participant or annuitant terminate beore the toral annuity
paid equals the lump-sum credit to which the participant or annuitant is
entitled, the difference shall be paid in accordance with subsection
(f).
(d) If a participant or former participant dies and is not survived
by an individual eligible for an annuity under this chapter or by such
an individual or individuals all of whose annuity rights terminate
before a claim for survivor annuity is filed, the lump-sum credit to
which the participant or annuitant is entitled shall be paid in
accordance with subsection (f).
(e) If an annuitant who was a former participant dies, any annuity
accrued and unpaid shall be paid in accordance with subsection (f).
(f) Payments under subsections (c) through (e) shall be paid in the
following order of precedence to individuals surviving the participant
and alive on the date entitlement to the payment arises, upon the
establishment of a valid claim therefor, and such payment shall be a bar
to recovery by any other person:
(1) To the beneficiary or beneficiaries last designated by the
participant before or after retirement in a signed and witnessed
writing filed with the Secretary of State prior to the death of
the participant, for which purpose a designation, change, or
cancellation of beneficiary in a will or other document which is
not so executed and filed shall have no force or effect.
(2) If there is no such beneficiary to the surviving wife or
husband of the participant.
(3) If none of the above, to the child (without regard to the
definition in section 804(2)) or children of the participant
(including adopted and natural children but not stepchildren) and
descendants of deceased children by representation.
(4) If none of the above, to the parents of the participant or
the survivor of them.
(5) If none of the above, to the duly appointed executor or
administrator of the estate of the participant.
(6) If none of the above, to such other next of kin of the
participant as may be determined in the judgment of the Secretary
of State to be legally entitled to such payment, except that no
payment shall be made under this paragraph until after the
expiration of 30 days after the death of the participant or
annuitant.
(g) Annuity accrued and unpaid on the death of a survivor annuitant
shall be paid in the following order of precedence, and the payment bars
recovery by any other person:
(1) To the duly appointed executor or administrator of the
estate of the survivor annuitant.
(2) If there is no such executor or administrator, to such
person as may be determined by the Secretary of State (after the
expiration of 30 days from the date of death of the survivor
annuitant) to be entitled under the laws of the domicile of the
survivor annuitant at the time of death.
(h) Amounts deducted and withheld from basic salary of a participant
under section 805 from the beginning of the first pay period after the
participant has completed 35 years of service computed under sectuon 816
(excluding service credit for unused sick leave under section 816( b)),
together with interest on the amounts at the rate of 3 percent a year
compounded annually from the date of the deduction to the date of
retirement or death, shall be applied toward any special contribution
due under section 805(d), and any balance not so required shall be
refunded in a lump sum to the participant after separation or, in the
event of a death in service, to a beneficiary in the order of precedence
specified in subsection (f).
(i) Unless otherwise expressly provided by any spouse agreement or
court order under section 820(b)(1), the amount of a former spouse of
that participant shall be--,
(1) If the former spouse was married to the participant
throughout the period of creditable service of the participant, 50
percent of the lump-sum credit to which such participant would be
entitled in the absence of this subsection, or
(2) If such former spouse was not married to the participant
throughout such creditable service an amount equal to such former
spouse's pro rata share of 50 percent of such lump-sum credit.
The lump-sum credit of the participant shall be reduced by the amount of
the lump-sum credit payable to the former spouse.
Sec. 816. // 22 USC 4056. // Creditable Service.-(a) Except as
otherwise specified by law, all periods of civilian and military and
naval service, and all other periods through the date of final
separation of a participant from the Service that the Secretary of State
determines would be creditable toward retirement under the Civil Service
Retirement and Disability System (as determined in accordance with
section 8332 of title 5, United States Code), shall be creditable for
purposes of this chapter. Conversely, any such service performed after
December 31, 1976, that would not be creditable under specified
conditions under section 8332 of title 5, United States Code, shall be
excluded under this chapter under the same conditions.
(b) In computing any annuity under this chapter, the total service of
a participant who retires on an immediate annuity or who dies leaving a
survivor or survivors entitled to annuity includes (without regard to
the 35-year limitation impposed by section 806(a)) the days of unused
sick leave to the credit of the participant, except that these days
shall not be counted in determining average basic salary or annuity
eligibility under this chapter. A contribution to the Fund shall not be
required from a participant for this service credit.
(c)(1) A participant who enters on approved leave without pay to
serve as a full-time officer or employee of an organization composed
primarily of Government employee may, within 60 days after entering on
that leave without pay, file with the employing agency an election to
receive full retirement credit for such periods of leave without pay and
arrange to pay concurrently into the Fund through the employing agency,
amounts equal to the retirement deductions and agency contributions on
the Foreign Service salary rate that would be applicable if the
participant were in a pay status. If the election and all payments
provided by this subsection are not made for the periods of such leave
without pay occcurring after November 7, 1976, the participant may not
receive any credit for such periods leave without pay ocurring after
such date.
(2) A participant may make a special contribution for any period or
periods of approved leave without pay while serving before November 7,
1976, as full-time officer or employee of an oranization composed
primarily of Government employees. Any such contribution shall be based
upon the suspended Foreign Service salary rate and shall be computed in
accordance with section 805. A participant who makes such contributions
shall be allowed full retirement credit for the periods or periods of
leave without pay. If this contribution is not made, up to 6 months'
retirement credit shall be allowed for such periods of leave without pay
each calendar year.
(d) A participant who has received a refund of retirement
contributions (which has not been repaid) under this or any other
retirement system for Government employees covering service which may be
creditable may make a special contribution for such service under
section 805. Credit may not be allowed for service covered by the
refund unless the special contribution is made.
(e) No credit in annuity computation shall be allowed for any period
of civilian service for which a participant made retirement
contributions to another retirement system for Government employees
unless--,
(1) the right to any annuity under the other system which is
based on such service is waived, and
(2) a special contribution is made under section 805 covering
such service.
(f) A participant who during a period of war, or national emergency
proclaimed by the President or declared by the Congress, leaves the
Service to enter the military service is deemed, for the purpose of this
chapter, as not separated from the Service unless the participant
applies for and receives a lump-sum payment under section 815. However,
the participant is deemed to be separated from the Service after the
expiration of 5 years of such military service.
(g)(1) An annuity or survivor annuity based on the service of a
participant of Japanese ancestry who would be eligible under section
8332(1) of title 5, United States Code, for credit for civilian service
for periods of internment during World War Ii shall, upon application to
the Secretary of State, be recomputed to give credit for that service.
Any such recomputation of an annuity shall apply with respect to months
begunning more than 30 days after the date on which application for such
recomputation is received by the Secretary of State.
(2) The Secretary of State shall take such action as may be necessary
and appropriate to inform individuals entitled to have any service
credited or annuity recomputed under this subsection of their
entitlement to such credit or recomputation.
(3) The Secretary of State shall, on request, assist any individual
referred to in paragraph (1) in obtaining from any agency or other
Government establishment information necessary to verify the entitlement
of the individual to have any service credited or any annuity recomputed
under this subsection.
(4) Any agency or other Government establishment shall, upon request,
furnish to the Secretary of State any information it possesses with
respect to the internment or other detention, as described in section
8332(1) of title 5, United States Code, of any participant.
(h) A participant who, while on approved leave without pay, serves as
full-time paid employee of a Member or office of the Congress shall
continue to make contributions to the Fund based upon the Foreign
Service salary rate that would be in effect if the participant were in a
pay status. The participant's employing office in the Congress shall
make a matching contribution (from the appropriation or fund which is
used for payment of the salary of the participant) to the Treasury of
the United States to the credit of the Fund. All periods of service for
which full contributions to the Fund are made under this subsection
shall be counted as creditable service for purposes of this chapter and
shall not, unless all retirement credit is transferred, be counted as
creditable service under any other Government retirement system.
(i)(1) Service of a participant shall be considered creditable
service for purposes of appling provisions of this chapter to former
spouses if such service would be creditable--,
(A) under subsection (c) (1) or (2) but for the fact an
election was not made under subsection (c)(1) or a special
contribution was not made under subsection (c)(2), and
(B) under subsection (d) but for the fact that a refund of
contributions has not been repaid unless the former spouse
received under this chapter a portion of the lump sum (or a spouse
agreement or court order provided otherwise).
(2) A former spouse shall not be considered as married to a
participant--,
(A) for periods assumed to be creditable service under section
808(a) or section 809(e), or
(B) for any extra period of creditable service provided under
section 817 for service of a participant at an unhealthful post
unless the former spouse resided with the participant at that post
during that period.
Sec. 817. // 22 USC 4057. // Extra Credit for Service at Unhealthful
Posts.-The Secretary of State may from time to time establish a list of
places which by reason of climatic or other extreme conditions are to be
classed as unhealthful posts. Each year of duty at such posts,
inclusive of regular leaves of absence, shall be counted as one and a
half years in computing the length of the service of a participant for
the purpose of retirement, fractional months being considered as full
months in computing such service. No such extra credit for service at
such unhealthful posts shall be credited to any participant who is paid
a differential under section 5925 or 5928 of title 5, United States
Code, for such service.
Sec. 818. // 22 USC 4058. // Estimate of Appropriations Needed.-The
Secretary of the Treasury shall prepare the estimates of the annual
appropriations required to be made to the Fund, and shall make actuarial
valuations of the System at intervals of not more than five years. The
Secretary of State may expend from money to the credit of the Fund an
amount not exceeding $5,000 per year for the incidental expenses
necessary in administering the provisions of this chapter, including
actuarial advice.
Sec. 819. // 22 USC 4059. // Investment of the Fund.-The Secretary
of the Treasury shall invest from time to time in interest-bearing
securities of the United States such portions of the Fund as in the
judgment of the Secretary of the Treasury may not be immediately
required for the payment of annuities, cash benefits, refunds, and
allowances. The income derived from such investments shall constitute a
part of the Fund.
Sec. 820. // 22 USC 4060. // Assignment and Attachment of Moneys.-(
a)(1) An individual entitled to an annuity from the Fund may make
allotments or assignments of amounts from such annuity for such purposes
as the Secretary of State in his or her sole discretion considers
appropriate.
(2) Notwithstanding section 3477 of the Revised Statutes of the
United States (31 U.S.C. 203), or any other law, a member of the Service
who is entitled to receive benefits under section 609(b)(1) may assign
to any person the whole or any part of those benefits. Any such
assignment shall be on a form approved by the Secretary of the Treasury
and a copy of such assignment form shall be deposited with the Secretary
of the Treasury by the member executing the assignment.
(b)(1)(A) In the case of any participant or annuitant who has a
former spouse who is covered by a court order or who is a party to a
spousal agreement--,
(i) any right of the former spouse to any annuity under section
814(a) in connection with any retirement or disability annuity of
the participant, and the amount of any such annuity;
(ii) any right of the former spouse to a survivor annuity under
section 814 (b) or (c), and the amount of any such annuity; and
(iii) any right of the former spouse to any payment of a
lump--, sum credit under section 815 (a) or (b);
shall be determined in accordance with that spousal agreement or court
order, if and to the extent expressly provided for in the terms of that
spousal agreement or court order.
(B) This paragraph shall not apply in the case of any spousal
agreement or court order which, as determined by the Secretary of
State--,
(i) would provide for a survivor annuity for a spouse or any
former spouse of a participant with respect to which there has not
been an annuity reduction (or a salary reduction or payment under
section 814(c)(3)); or
(ii) is otherwise inconsistent with the requirements of this
chapter.
(2) Except with respect to obligations between participants and
former spouses, payments under this chapter which would otherwise be
made to a participant or annuitant based upon his or her service shall
be paid (in whole or in part) by the Secretary of State to another
individual to the extent expressly provided for in the terms of any
order or any court decree of legal separation, or the terms of any court
order or court-approved property settlement agreement incident to any
court decree of legal separation.
(3) Paragraphs (1) and (2) shall apply only to payments made under
this chapter for periods beginning after the date of receipt by the
Secretary of State of written notice of such decree, order, or
agreement, and such additional information and such documentatuon as the
Secretary of State may require.
(4) Any payment under this subsection to an individual bars recovery
by any other individual.
(5) The 10-year requirement of section 804(b)(6), or any other
provision of this chapter, shall not be construed to affect the rights
any spouse or individual formerly married to a participant or annuitant
may have under any law or rule of law of any State or the District of
Columbia, with respect to an annuity of a participant or annuitant under
this chapter.
(c) None of the moneys mentioned in this chapter shall be assignable
either in law or equity, except under subsection (a) or (b) of this
section, or subject to execution, levy, attachment, garnishment, or
other legal process, except as otherwise may be provided by Federal law.
Sec. 821. // 22 USC 4061. // Payments for Future Benefits.-(a) Any
statute which authorizes--,
(1) new or liberalized benefits payable from the Fund,
including annuity increases other than under secction 825;
(2) extension of the benefits of the System to new groups of
employees; or
(3) increases in salary on which benefits are computed;
is deemed to authorize appropriations to the Fund to finance the
unfunded liability created by that statute, in 30 equal annual
unstallments wuth interest computed at the rate used in the then most
recent valuation of the System and with the first payment thereof due as
of the end of the fiscal year in which each new or liberalized benefit,
extension of benefits, or increases in salary is effective.
(b) There is authorized to be appropriated to the Fund for each
fiscal year an amount equal to the amount of the Foreign Service normal
cost for that year which is not met by contributions to the Fund under
section 805(a).
Sec. 822. // 22 USC 4062. // Unfunded Liability Obligations.-(a) At
the end of each fiscal year, the Secretary of State shall notify the
Secretary of the Treasury of the amount equivalent to --,
(1) interest on the unfunded liability computed for that year
at the interest rate used in the then most recent valuation of the
System, and
(2) that portion of disbursement for annuities for that year
which the Secretary of State estimates is attributable to credit
allowed for military and naval service.
(b) Before closing the accounts for each fiscal year, the Secretary
of the Treasury shall credit such amounts to the Fund, as a Government
contribution, out of any money in the Treasury of the United States not
otherwise appropriated.
(c) Requests for appropriations to the Fund under section 821(b)
shall include reports to the Congress on the sums credited to the Fund
under this section.
Sec. 823. // 22 USC 4063. // Annuity Adjustment for Recall
Service.-(a) Any annuitant recall to duty in the Service under section
308(a) shall, while so serving, be entitled in lieu of annuity to the
full salary of the class in which serving. During such service the
recalled annuitant shall make contributions to the Fund in accordance
with section 805. On the day following termination of the recall
service, the former annuity shall be resumed, adjusted by any
cost-of-living increases under section 825 that became effective during
the recall period
(b) If the recall service lasts less than one year, the contributions
of the annuitant to the Fund during recall service shall be refunded in
accordance with section 815. If the recall service lasts more than one
year, the annuitant may, in lieu of such refund, elect a supplemental
annuity computed under section 806 on the basis of service credit and
average salary earned during the recall period irrespective of the
number of years of service credit previously earned. If the recall
service continues for at least 5 years, the annuitant may elect to have
his or her annuity determined anew under section 806 in lieu of any
other benefits under this section. Any annuitant who is recalled under
section 308 may upon written application count as recall service any
prior service that is creditable under section 816 that was performed
after the separation upon which his or her annuity is based.
Sec. 824. // 22 USC 4064. // Reemployment.-(a) Notwithstanding any
other law, any member of the Service who has retired and is receiving an
annuity under this chapter, and who is reemployed in the Government
service in any part-time or full-time appointive position, shall be
entitled to receive the salary of the position in which he or she is
serving plus so much of the annuity payable under this chapter which
when combined with such salary does not exceed during any calendar year
the basic salary the member was entitled to receive under this Act on
the date of retirement from the Service. Any such reemployed member of
the Service who receives salary during any calendar year in excess of
the maximum amount which he or she may be entitled to receive under this
subsection shall be entitled to such salary in lieu of benefits under
this chapter.
(b) When any such retired member of the Service is reemployed, the
employer shall send a notice of such reemployment to the Secretary of
State, together with all pertinent information relating to such
employment, and shall pay directly to such member the salary of the
position in which he or she is serving.
(c) In the event of any overpayment under ths section, such
overpayment shall be recovered by withholding the amount involved from
the salary payable to such reemployed member of the Service or from any
other moneys, including annuity payments, payable under this chapter.
Sec. 825. // 22 USC 4065. // Voluntray Contributions.-(a) The
voluntray contribution account shall be the sum of unrefunded amounts
voluntarily contributed prior to the effective date of this Act by any
participant or former participant under any prior law authorizing such
contributions to the Fund, plus interest compounded at the rate of 3
percent per year to the date of separation from the Service or (in case
of participant or former participant separated with entitlement to a
deferred annuity) to the date voluntary contribution account is claimed,
the commencing date fixed for the deferred annuity, or the date of
death, whichever is earlier. Effective on the date the participant
becomes eligible for an annuity or a deferred annuity and at the
election of the participant, his or her account shall be--,
(1) returned in a lump sum;
(2) used to purchase an additional life annuity;
(3) used to purchase an additional life annuity for the
participant and to provide for a cash payment on his or her death
to a beneficiary whose name shall be notified in writing to the
Secretary of State by the participant; or
(4) used to purchase an additional life annuity for the
participant and a life annuity commencing on his or her death
payable to a beneficiary whose name shall be notified in writing
to the Secretary of State by the participant, with a guaranteed
return to the beneficiary or his or her legal representative of an
amount equal to the cash payment referred to in paragraph (3).
(b) The benefits provided by subsection (a) (2), (3), or (4) shall be
actuarially equivalent in value to the payment provided for by
subsection (a)(1) and shall be calculated upon such tables of mortality
as may be from time to time prescribed for this purpose by the Secretary
of the Treasury.
(c) A voluntary contribution account shall be paid in a lump sum
following receipt of an application therefor from a present or former
participant if application is filed prior to payment of any additional
annuity. If not sooner paid, the account shall be paid at such time as
the participant separates from the Service for any reason without
entitlement to an annuity or a deferred annuity or at such time as a
former participant dies or withdraws compulsory contributions to the
Fund. In case of death, the account shall be paid in the order of
precedence specified in section 815(f).
Sec. 826. // 22 USC 4066. // Cost-of-Living Adjustments of
Annuities.-(a) A cost-of-living annuity increase shall become effective
under this section on the effective date of each such increase under
section 8340(b) of title 5, United States Code. Each such increase
shall be applied to each annuity payable from the Fund which has a
commencing date not later than the effective date of the increase.
(b) Each annuity increase under this section shall be indentical to
the corresponding percentage increase under section 8340(b) of title 5,
United States Code.
(c) Eligibility for an annuity increase under this section shall be
governed by the commencing date of each annuity payable from the Fund as
of the effective date of an except as follows:
(1) An annuity (except a deferred annuity) payable from the
Fund to a participant who retires and receives an immediate
annuity, or to a surviving spouse or former spouse of a deceased
participant who dies in service or who dies after being separated
with benefits under section 609(d)(2), which has a commencing date
after the effective date of the then last preceding general
annuity increase under this section shall not be less than the
annuity which would have been payable if the commencing date of
such annuity had been the effective date of such last preceding
increase. In the administration of this paragraph, the number of
days of unsued sick leave to the credit of a participant or
deceased participant on the effective date of the then last
preceding general annuity increase under this section shall be
deemed to be equal to the number of days of unused sick leave to
his or her credit on the day of separation from the Service.
(2) Effective from its commencing date, an annuity payable from
the Fund to the survivor of an annuitant, except a child entitled
to an annuity under section 836(c) or 809 (c) or (d), shall be
increased by the total percentage uncrease the annuitant was
receiving under this section at death.
(3) For purposes of computing or recomputing an annuity to a
child under section 806 (c) or (d) or 809 (c) or (d), the items
$900, $1,080, $2,700, and $3,240 appearing in section 806(c) shall
be increase by the total percentage increases by which
corresponding amounts are being increased under section 8340 of
title 5, United States Code, on the date the annuity of the child
becomes effective.
(d) No increase in annuity provided by this section shall be computed
on any additional annuity purchased at retirement by voluntary
contributions.
(e) The monthly installment of annuity after adjustment under this
section shall be fixed at the nearest dollar, except such installment
shall after adjustment reflect an increase of at least $1.
(f) Effective from its commencing date, there shall be an increase of
10 percent in the annuity of each surviving spouse whose entitlement to
annuity resulted from the death of an annuitant who, prior to October 1,
1976, elected a reduced annuity in order to provide a spouse's survivor
annuity.
Sec. 827. // 22 USC 4067. // Compatibility Between Civil Service and
Foreign Service Retirement Systems.-(a) In order to maintain existing
conformity between the Civil Service Retirement and Disability System
under subchapter III of chapter 83 of title 5, United States Code, // 5
USC 8331. // and the Foreign Service Retirement and Disability System.
whenever a law of general applicability is enacted which--,
(1) affects the treatment of current or former participants
annuitants, or survivors under the Civil Service Retirement and
Disability System; and
(2) affects treatment which, immediately prior to the enactment
of such law, was substantially identical to the treatment accorded
to participants, former participants, annuitants, or survivors
under the Foreign Service Retirement and Disability System;
such law shall be extended in accordance with subsection (b) to the
Foreign Service Retirement and Disability System so that it applies in
like manner with respect to participants former participants,
annuitants, or survivors under that System.
(b) The President shall by Executive order prescribe regulations to
implement this section and may make such extension retroactive to a date
no earlier than the effective date of the provision of law applicable to
the Civil Service Retirement and Disability System. Any provision of an
Exective order issued under this section shall modify, supersede, or
render inapplicable, as the case may be, to the extent inconsistent
therewith--,
(1) all provisions of law enacted prior to the effective date
of that provision of the Executive order, and
(2) any prior provision of an Executive order issued under this
section.
Sec. 901. // 22 USC 4081. // Travel and Related Expenses.-The
Secretary may pay the travel and expenses of members of the Service and
their families, including costs or expenses incurred for--,
(1) proceeding to and returing from assigned posts of duty;
(2) authorized or required home leave;
(3) family members to accompany, precede, or follow a member of
the Service to a place of temporary duty;
(4) representational travel within the county to which the
member of the Service is assigned or, when not more than one
family member participates, outside such country;
(5) obtaining necessary medical care for an illness, injury, or
medical condition while abroad in a locality where there is no
suitable person or facility to provide such care (without regard
to those laws and regulations limiting or restricting the
furnishing or payment of transportation and traveling expenses),
as well as expenses for--,
Service
or a family member who is too ill to travel unattended
or for
a family member who is too young to travel alone, and
(6) rest and recuperation travel of member of the Service who
are United States citizens, and members of their families, while
serving at locations abroad specifically designate by the
Secretary for purposes of this paragraph, to--,
climatic,
or other environmental conditions than those at the
post at
which the member of the Service is serving, or
except that, unless the Secretary otherwise specifies in
extraordinary circumstances, travel expenses under this paragraph
shall be limited to the cost for a member of the Service, and for
each member of the family of the member, of 1 round trip during
any continuous 2-year tour unbroken by home leave and of 2 round
trips during any continuous 3-year tour unbroken by home leave;
(7) removal of the family members of a member of the Service,
and the furniture and household and personal effects (including
automobiles) of the family, from a Foreign Service post where
there is imminent danger because of the prevalence of disturbed
conditions, and the return of such individuals, furniture, and
effects to such post upon the cessation of such conditions, or to
such other Foreign Service post as may in the meantime have become
the post to which the member of the Service has been reassigned;
(8) trips by a member of the Service for purposes of family
visitation in situations where the family of the member is
prevented by official order from accompanying the member to, or
has been ordered from, the assigned post of the member because of
imminent danger due to the prevalence of disturbed conditions,
except that--,
the costs
and expenses for not exceed two round trips in
a 12-month
period; and
exceed the
cost of 2 round trips (at less than first class) to the
District of
Columbia;
(9) round-trip travel from a location abroad for purposes of
family visitation in emergency situations involving personal
hardship;
(10) preparing and transporting to the designated home in the
United States or to a place not more distant, the remains of a
member of the Service, or of a family member of a ,member of the
Service, who dies abroad or while in travel status;
(11) transporting the furniture and household and personal
effects of a member of the Service (and of his or her family) to
successive posts of duty and, on separation of a member from the
Service, to the place where the member will reside (or if the
member has died, to the place where his or her family will
reside);
(12) packing and unpacking, transporting to and from a place of
storage, and storing the furniture and household and personal
effects of a member of the Service (and of his or her family)--,
Service
post to which such furniture and household and personal
effects cannot be taken or at which they cannot be
used, or
when it is in the public interest or more economical to
authorize storage;
under
this subparagraph only for the period beginning on the
date
of departure from his or her last post or (in the case
of a new
member) on the date of departure from the place of
residence
of the member and ending on the earlier of the date
which is
3 months after arrival of the member at the new post or
the
date on which the member establishes residence quarters;
and
under
this subparagraph for storing furniture and household
and
personal effects for more than 3 months;
(13) transporting, for or on behalf of a member of the Service,
a privately owend motor vehicle in any case in which the Secretary
determines that water, rail, or air transportation of the motor
vehicle is necessary or expedient fo all or any part of the
distance between points of origin and destination, but
transportation may be provided under this paragraph for only one
motor vehicle of a member during any 48-month period while the
member is continuously serving abroad, except that another motor
vehicle may be transported as a replacement for such motor vehicle
if such replacement--,
and
in the interest of the Government, or
transporting
the replacement motor vehicle does not exceed the
cost of transporting the motor vehicle that is replaced;
(14) the travel and relocation of members of the Service, and
members of their families, assigned to or within the United States
(or any territory or possession of the United States or the
Commonwealth of Puerto Rico), including assignments under
subchapter VI of chapter 33 of title 5, United States Code
// 5 USC 3371. //
(notwithstanding section 3375(a) of such title,
// USC 3375. //
if an agreement similar to that required by section 3375(b) of
such title is executed by the member of the Service); and
(15) 1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad--,
title 5,
United States Code; or
parent
resides in a country other than the country to which the
member is assigned and the child regularly resides with
the
member and does not regularly attend school in the
country
in which the other parent resides,
except that a payment under this paragraph may not exceed the cost
of round-trip travel between the post to which the member is
assigned and the port of entry in the contiguous 48 States which
is nearest to that post.
Sec. 902. // 22 USC 4082. // Loan of Household Effects.-The
Secretary may, as a means of eliminating transportation costs, provide
member of the Service with basic household furnishing and equipment for
use on a loan basis in personally owned or leased residences.
Sec. 903. // 22 USC 4083. // Required Leave in the United States.-(
a) The Secretary may order a member of the Service who is a citizen of
the United States to take a leave of asbence under section 6305 of title
5, United States Code (without regard to the introductory clause of
subsection (a) of that section), upon completion by that member of 18
months of continuous service abroad. The Secretary shall order on such
a leave of asbence a member of the Service who is a citizen of the
United States as soon as possible after completion by that member of 3
years of continuous service abroad.
(b) Leave ordered under this section may be taken in the United
States, its territories and possessions, or the Commonwealth of Puerto
Rico.
(c) While on a leave of absence ordered under this section, the
services of any member of the Service shall be available for such work
or duties in the Department or elsewhere as the Secretary may prescribe,
but the time of such work or duites shall be counted as leave.
Sec. 904. // 22 USC 4084. // Health Care.-(a) The Secretary of State
may establish a health care program to promote and maintain the physical
and mental health of members of the Service, and (when incident to
service abroad) other designated eligible Government employees, and
member of the families of such members and employees.
(b) Any such health care program may include (1) medical examinations
for applicants for employment, (2) medical examinations and inoculations
or vaccinations for members of the Service and employees of the
Department who are citizens of the United States and for members of
their families, and (3) examinations necessary in order to establish
disability or incapacity of participant in the Foreign Service
Retirement and Disability System or to provide survivor benefits under
chapter 8.
(c) The Secretary of State may establish health care facilities and
provide for the services of physicians, nurses, or other health care
personnel at Foregin Service posts abroad at which, in the opinion of
the Secretary of State, a sufficient number of Government employees are
assigned to warrant such facilities or services.
(d) If an individual eligible for health care under this section
incurs an illness, injury, or medical condition while abroad which
requires hospitalization or similar treatment, the Secretary may pay all
or part of the cost of such treatment. Limitations on such payments
established by regulation may be waived whenever the Secretary
determines that the illness, injury, or medical condition clearly was
caused or materially aggravated by the fact that the individual
concerned is or has been located abroad.
(e) Health care may be provided under this section to a member of the
Service or other designated eligible Government employee after the
separation of such member or employee from Government service. Health
care may be provided under this section to a member of the family of a
member of the Service or of a designated eligible Government employee
after the separation from Government service or the death of such member
of the Service or employee or after dissolution of the marriage.
(f) The Secretary of state shall review on a continuing basis the
health care program provided for in this section. Whenever the
Secretary of State determines that all or any part of such program can
be provided for as well and as cheaply in other ways, the Secretary may,
for such individuals, locations, and conditions as the Secretary of
state dems appropriate, contract for health care pursuant to such
arrangements as the Secretary deems appropriate.
Sec. 905. // 22 USC 4085. // Representation Expenses.-
Notwithstanding section 5536 of title 5, United States Code, the
Secretary may provide for official receptions and may pay entertainment
and representational expenses (including expenses of family members) to
enable the Department and the Service to provide for the proper
representation of the United States and its interests. In carrying out
this section, the Secretary shall, to the maximum extent practicable,
provide for the use of United States products, including Amercian wine.
Sec. 1001. // 22 USC 4101. // Labor-Management Policy.-The Congress
finds that--,
(1) experience in both private and public employment indicates
that the statutory protection of the right of workers to organize,
bargain collectively, and participate through labor organizations
of their own choosing in decisions whuch affect them--,
(2) the public interest demands the highest standards of
performance by members of the Service and the continuous
development and implementation of modern and progressive work
practices to facilitate improved performance and efficiency; and
(3) the unique conditions of Foreign Service employment require
a distinct framework for the development and implementation of
modern, constructive, and cooperative relationships beyween
management officials and organizations representing members of the
Service.
Therefore, labor organizations and collective bargaining in the Service
are in the public interest and are consistent with the requirement of an
effective and efficient Government. The provisions of this chapter
should be interpreted in a manner consistent with the requirement of an
effective and efficient Government.
Sec. 1002. // 22 USC 4102. // Definitions.-As used in this chapter,
the term--,
(1) " Authority" means the Federal Labor Relations Authority,
described in section 7104(a) of title 5, United States Code;
(2) " Board" means the Foreign Service Labor Relations Board,
established by section 1006(a);
(3) "collective bargaining" means the performance of the mutual
obligation of the management representative of the Department and
of the exclusive representative of employees to meet at reasonable
times and to consult and bargain in a goodfaith effort to reach
agreement with respect to the conditions of employment affecting
employees, and execute, if requested by either party, a written
document incorporating any collective bargaining agreement
reached, but this obligation does not compel either party to agree
to a proposal or to make a concession;
(4) "collective bargaining agreement" means an agreement
entered into as a result of collective bargaining under the
provisions of this chapter;
(5) "conditions of employment" means personnel policies,
practices, and matters, whether established by regulation or
otherwise affecting working conditions, but does not include
policies, practices, and matters--,
5,
United States Code;
// 5 USC 7331. //
for
by Federal statute; or
responsibility
of the Secretary affecting the rights, benefits, or
obligations of individuals employed in agencies other
than
those which are authorized to utilize the Foreign
Service
personnel system;
(6) "confidential employee" means an employee who acts in a
confidential capacity with respect to an individual who formulates
or effectuates management policies in the field of labor--,
management relations;
(7) "dues" means dues, fees, and assessments;
(8) "employee" means--,
United
States, wherever serving, other than a management
official,
a confidential employee, a consular agent, or any
individual
who participantes in a strike in violation of
section 7311 of
title 5, United States Code; or
subparagraph
(A) whose employment has crease because of an
unfair labor practice under section 1015 and who has not
obtained any other regular and substantially equivalent
employment, as determined under regulations prescribed
by
the Board;
(9) "exclusive representative" means any labor organization
which is certified as the exclusive representative of employees
under section 1011;
(10) " General Counsel" means the General Counsel of the
Authority;
(11) "labor organization" means an organization composed in
whole or in part of employees, in which employees participate and
pay dues, and which has as a purpose dealing with the Department
concerning grievances (as defined in section 1101) and conditions
of employment, but does not include--,
tacit
agreement among its members, or otherwise, denies
membership
because of race, color, creed, national origin, sex,
age, preferential or nonpreferential civil service
status,
political affiliation, marital status, or handicapping
condition;
States;
a
strike against the Government or any agency thereof or
imposes a duty or obligation to conduct, assist, or
participate
in such a strike;
(12) "management official" means an individual who--,
Senate,
or by the President alone;
mentioned
in subparagraph (A) or (B);
Service
under section 209; or
in
the formulation of the personnel policies and programs
of
the Department;
(13) " Panel" means the Foreign Service Impasse Disputes Panel,
established by section 1010(a); and
(14) "person" means an individual, a labor organization, or an
agency to which this chapter applies.
Sec. 1003. // 22 USC 4103. // Application.-(a) This chapter applies
only with respect to the Department of State, the International
Communication Agency, the United States International Development
Cooperation Agency, the Department of Agriculture, and the Department of
Commerce.
(b) The President may be Executive order exclude any subdivision of
the Department from coverage under this chapter if the President
determines that--,
(1) the subdivision has as a primary function intelligence,
counterintelligence, investigative, or national security work, and
(2) the provisions of this chapter cannot be applied to that
subdivision in a manner consistent with national security
requirements and considerations.
(c) The President may be Executive order suspend any provision of
this chapter with respect to any post, bureau, office, or activity of
the Department, if the President determines in writing that the
suspension is necessary in the interest of national security because of
an emergency.
Sec. 1004. // 22 USC 4104. // Employee Rights.-(a) Every employee
has the right to form, join, or assist any labor organization, or to
refrain from any such activity, freely and without fear of penalty or
reprisal. Each employee shall be protected in the exercise of such
right.
(b) Except as otherwise provided under this chapter, such right
includes the right--,
(1) to act for a labor organization in the capacity of a
representative and, in that capacity, to present the views of the
labor organization to the Secretary and other officials of the
Government, including the Congress, or other appropriate
authorities; and
(2) to engage in collective bargaining with respect to
conditions of employment through representatives chosen by
employees under this chapter.
Sec. 1005. // 22 USC 4105. // Management Rights.-(a) Subject to
subsection (b), nothing in this chapter shall affect the authority of
any management official of the Department, in accordance with applicable
law--,
(1) to determine the mission, budget, organization, and
internal security practices of the Department, and the number of
individuals in the Service or in the Department;
(2) to hire,assign, direct, lay off, and retain individuals in
the Service or in the Department, to suspend, remove, or take
other disciplinary action against such individuals, and to
determine the number of members of the Service to be promoted and
to remove the name of or delay the promotion of any member in
accordance with regualtions prescribed under section 605(b);
(3) to assign work, to make determinations with respect to
contracting out, and to determine the personnel by which the
operations of the Department shall be conducted;
(4) to fill positions from any appropriate source;
(5) to determine the need for uniform personnel policies and
procedures between or among the agencies to which this chapter
applies; and
(6) to take whatever actions may be necessary to carry out the
mission of the Department during emergencies.
(b) Nothing in this section shall preclude the Department and the
exclusive representative from negotiating--,
(1) at the election of the Department, on the numbers, types,
and classes of employees or positions assigned to any
organizational subdivision, work project, or tour of duty, or on
the technology, methods, and means of performing work;
(2) procedures which management officials of the Department
will observe in exercising any function under this section; or
(3) appropriate arrangements for employees adversely affected
by the exercise of any function under this section by such
management officials.
Sec. 1006. // 22 USC 4106. // Foreign Service Labor Relations
Board.-(a) There is established within the Federal Labor Relations
Authority the Foreign Service Labor Relations Board. The Board shall be
composed of 3 members, 1 of whom shall be the Chairman of the Authority,
who shall be the Chairperson of the Board. The remaining 2 members
shall be appointed by the Chairperson of the Board from nominees
approved in writing by the agencies to which this chapter applies, and
the exclusive representative (if any) of employees in each such agency.
In the event of inability to obtain agreement on a nominee, the
Chairperson shall appoint the remaining 2 members from among individuals
the Chairperson considers knowledgeable in labor-management relations
and the conduct of foreign affairs.
(b) The Chairperson shall serve on the Board while serving as
Chairman of the Authority. Of the 2 original members of the Board other
than the Chairperson, one shall be appointed for a 2-year term and one
shall be appointed for a 3-year term. Thereafter, each member of the
Board other than the Chairperson shall be appointed for a term of 3
years, except that an individual appointed to fill a vacancy occurring
before the end of a term shall be appointed for the unexpired term of
the member replaced. The Chairperson may at any time designate an
alternate Chairperson from among the members of the Authority.
(c) A vacancy on the Board shall not impair the right of the
remaining members to exercise the full powers of the Board.
(d) The members of the Board, other than the Chairperson, may not
hold another office or position in the Government except as authorized
by law, and shall receive compensation at the daily equivalent of the
rate payable for level V of the Executive Schedule under section 5316 of
title 5, United States Code, for each day they are performing their
duties (including traveltime).
(e) The Chairperson may remove any other Board member, upon written
notice, for corruption, neglect of duty, malfeasance, or demonstrated
incapacity to perform his or her functions, established at a hearing,
except where the right to a hearing is waived in writing.
Sec. 1007. // 22 USC 4107. // Functions of the Board.-(a) The Board
shall--,
(1) supervise or conduct elections and determine whether a
labor organization has been selected as the exclusive
representative by a majority of employees who cast valid ballots
and otherwise administer the provisions of this chapter relating
to the according of exclusive recognition to a labor organization;
(2) resolve complaints of alleged unfair labor practices;
(3) resolve issues relating to the obligation to bargain in
good faith;
(4) resolve dispute concerning the effect, the interpretation,
or a claim of breach of a collective bargaining agreement, in
accordance with section 1014; and
(5) take any action considered necessary to administer
effectively the provisions of this chapter.
(b) Decisions of the Board under this chapter shall be consistent
with decisions rendered by the Authority under chapter 71 of title 5,
United States Code, // 5 USC 7101 // other than in cases in which the
Board finds that special circumstances require otherwise. Decisions of
the Board under this chapter shall not be construed as precedent by the
Authority, or any court or other authority, for any decision under
chapter 71 of title 5, United States Code.
(c) In order to carry out its functions under this chapter--,
(1) the Board shall by regulation adopt procedures to apply in
the administration of this chapter; and
(2) the Board may--,
under
this chapter;
subject
to this chapter are located;
require it
to take any remedial action the Board considers
appropriate
to carry out this chapter; and
exercise
the functions the Authority has under chapter 71 of
title 5,
United States Code, to the same extent and in the
same
manner as is the case with respect to persons subject to
chapter 71 of such title.
// 5 USC 7101 //
Sec. 1008. // 22 USC 4108. // Functions of the General Counsel.-The
General Counsel may--,
(1) investigate alleged unfair labor practices under this
chapter,
(2) file and prosecute complaints under this chapter, and
(3) exercise such other powers of the Board as the Board may
prescribe.
Sec. 1009. // 22 USC 4109. // Judicial Review and Enforcement.-(a)
Except as provided in section 1014(d), any person aggrieved by a final
order of the Board may, during the 60-day period beginning on the date
on which the order was issued, institute an action for judicial review
of such order in the United States Court of Appeals for the District of
Columbia.
(b) The Board may petition the United States Court of Appeals for the
District of Columbia for the enforcement of any order of the Board under
this chapter and for any appropriate temporary relief or restraining
order.
(c) Subsection (c) of section 7123 of title 5, United States Code,
shall apply to judicial review and enforcement of actions by the Board
in the same manner that it applies to judicial review and enforcement of
actions of the Authority under chapter 71 of title 5, United States
Code. // 5 USC 7101 //
(d) The Board may, upon issuance of a complaint as provided in
section 1016 charging that any person has engaged in or is engaging in
an unfair labor pracitce, petition the United States District Court for
the District of Columbia, for appropriate temporary relief (including a
restraining order). Upon the filing of the petition, the court shall
cause notice thereof to be served upon the person, and thereupon shall
have jurisdiction to grant any temporary relief (including a temporary
restraining order) it considers just and proper. A court shall not
grant any temporary relief under this section if it would interfere with
the ability of the Department to carry out its essential functions or if
the Board fails to establish probable cause that an unfair labor
practice is being committed.
Sec. 1010. // 22 USC 4110. // Foreign Service Impasse Disputes
Panel.-(a) There is established within the Federal Labor Relations
Authority the Foreign Service Impasse Disputes Panel, which shall assist
in resolving negotiating impasses arising in the course of collective
bargaining under this chapter. The Chairperson shall select the Panel
from among individuals the Chairperson considers knowledgeable in
labor--, management relations or the conduct of foreign affairs. The
Panel shall be composed of 5 members, as follows:
(1) 2 members of the Service (other than a management official,
a confidential employee, or a labor organization official);
(2) one individual employed by the Department of Labor;
(3) one member of the Federal Service Impasses Panel; and
(4) one public member who does not hold any other office or
position in the Government.
The Chairperson of the Board shall set the terms of office for Panel
members and determine who shall chair the Panel.
(b) Panel members referred to in subsection (a) (3) and (4) shall
receive compensation for each day they are performing their duties
(including traveltime) at the daily equivalent of the maximum rate
payable for grad GS-18 of the General Schedule under section 5332 of
title 5, United States Code, // 45 FR 69201. // except that the member
who is also a member of the Federal Service Impasses Panel shall not be
entitled to pay under this subsection for any day for which he or she
receives pay under section 7119(b)(4) of title 5, United States Code.
Members of the Panel shall be entitled to travel expenses as provided
under section 5703 of title 5, United States Code.
(c)(1) The Panel or its designee shall promptly investigate any
impasse presented to it by a party. The Panel shall consider the
impasse and shall either--,
(A) recommend to the parties to the negotiation procedures for
the resolution of the impasse; or
(B) assist the parties in resolving the impasse through
whatever methods and procedures, including factfinding and
recommendations, it may consider appropriate to accomplish the
purpose of this section.
(2) If the parties do not arrive at a settlement after assistance by
the Panel under paragraph (1), the Panel may--,
(A) hold hearings;
(B) administer oaths, take the testimony or deposition of any
individual under oath, and issue subpenas as provided in section
7132 of title 5, United States Code; and
(C) take whatever action is necessary and not inconsistent with
this chapter to resolve the impasse.
(3) Notice of any final action of the Panel under this section shall
be promptly served upon the parties, and the action shall be binding on
such parties during the term of the collective bargaining agreement
unless the parties agree otherwise.
Sec. 1011. // 22 USC 4111. // Exclusive Recognition.-(a) The
Department shall accord exclusive recognition to a labor organization if
the organization has been selected as the representative, in a secret
ballot election, by a majority of the employees in a unit who cast valid
ballots in the election.
(b) If a petition is filed with the Board--,
(1) by any person alleging--,
unit
wish to be represented for the purpose of collective
bargaining
by an exclusive representative, or
unit
alleged that the exclusive representative is no longer
the
representative of the majority of the employees in the
unit;
or
(2) by any person seeking clarification of, or an amendment to,
a certification then in effect or a matter relating to
representation;
the Board shall investigate the petition, and if it has reasonable cause
to believe that a question of representation exists, it shall provide an
opportunity for a hearing (for which a transcript shall be kept) after
reasonable notice. If the Board finds on the record of the hearing that
a question of representation exist, the Board shall supervise or conduct
an election on the question by secret ballot and shall certify the
results thereof. An election under this subsection shall not be
conducted in any unit within which a valid election under this
subsection has been held during the preceding 12 calendar months or with
respect to which a labor organization has been certified as the
exclusive representative during the preceding 24 calendar months.
(c) * labor organization which--,
(1) has been designated by at least 10 percent of the employees
in the unit; or
(2) is the exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to subsection
(b) and shall be placed on the ballot of any election under subsection
(b) with respect to the petition.
(d)(1) The Board shall determine who is eligible to vote in any
election under this section and shall establish regulations governing
any such election, which shall include regulations allowing employees
eligible to vote the opportunity to choose--,
(A) from labor organizations on the ballot, that labor
organization which the employees wish to have represent them; or
(B) not to be represented by a labor organization.
(2) In any election in which more than two choices are on the ballot,
the regulations of the Board shall provide for preferential voting. If
no choice receives a majority of first preferences, the Board shall
distribute to the two choices having the most first preferences the
preferences as between those two of the other valid ballots cast. The
choice receiving a majority of preferences shall be declared the winner.
A labor organization which is declared the winner of the election shall
be certified by the Board as the exclusive representative.
(e) A labor organization seeking exclusive recognition shall submit
to the Board and to the Department a roster of its officers and
representatives, a copy of its constitution and bylaws, and a statement
of its objectives.
(f) Exclusive recognition shall not be accorded to a labor
organization--,
(1) if the Board determines that the labor organization is
subject to corrupt influence or influences opposed to democratic
principles; or
(2) in the case of a petition filed under subsection (b)(1)(
A), if there is not credible evidence that at least 30 percent of
the employees wish to be represented for the purpose of collective
bargaining by the labor organization seeking exclusive
recognition.
(g) Nothing in this section shall be construed to prohibit the
waiving of hearings by stipulation for the purpose of a consent election
in conformity with regulations and rules or decisions of the Board.
Sec. 1012. // 22 USC 4112. // Employees Represented.--The employees
of the Department shall constitute a single and separate worldwide
bargaining unit, from which there shall be excluded--,
(1) employees engaged in personnel work in other than a purely
clerical capacity; and
(2) employees engaged in criminal or national security
investigations or who audit the work of individuals to insure that
their functions are discharged honestly and with integrity.
Sec. 1013. // 22 USC 4113. // Representation Rights and Duties.-(a)
A labor organization which has been accorded exclusive recognition is
the exclusive representative of, and is entitled to act for, and
negotiate collective bargaining agreements covering, all employees in
the unit described in section 1012. An exclusive representative is
responsible for representing the interests of all employees in that unit
without discrimination and without regard to labor organization
membership.
(b)(1) An exclusive representative shall be given the opportunity to
be represented at--,
(A) any formal discussion between one or more representatives
of the Department and one or more employees in the unit (or their
representatives), concerning any grievance (as defined in section
1101) or any personnel policy or practice or other general
condition of employment; and
(B) any examination of an employee by a Department
representative in connection with an investigation if--,
and
(2) The Department shall annually inform employees of their rights
under paragraph (1)(B).
(c) The Department and the exclusive representative, through
appropriate representatives, shall meet and negotiate in good faith for
the purposes of arriving at a collective bargaining agreement. In
addition, the Department and the exclusive representative may determine
appropriate techniques, consistent with the provisions of section 1010,
to assist in any negotiation.
(d) The rights of an exclusive representative under this section
shall not preclude an employee from--,
(1) being represented by an attorney or other representative of
the employee's own choosing, other than the exclusive
representative, in any grievance proceeding under chapter 11; or
(2) exercising grievance or appeal rights established by law,
rule, or regulation.
(e) The duty of the Department and the exclusive representative to
negotiate in good faith shall include the obligation--,
(1) to approach the negotiations with a sincere resolve to
reach a collective bargaining agreement;
(2) to be represented at the negotiations by duly authorized
representatives prepared to discuss and negotiate on any condition
of employment;
(3) to meet at reasonable times and convenient places as
frequently as may be necessary and to avoid unnecessary delays;
(4) for the Department to furnish to the exclusive
representative, or its authorized representative, upon request and
to the extent not prohibited by law, data--,
or
training provided for management officials or
confidential
employees, relating to collective bargaining;
(5) to negotiate jointly with respect to conditions of
employment applicable to employees in more than one of the
agencies authorized to utilize the Foreign Service personnel
system, as determined by the heads of such agencies; and
(6) if agreement is reached, to execute, upon the request of
any party to the negotiation, a written document embodying the
agreed terms, and to take the steps necessary to implement the
agreement.
(f)(1) An agreement between the Department and the exclusive
representative shall be subject to approval by the Secretary.
(2) The Secretary shall approve the agreement within 30 days after
the date of the agreement unless the Secretary finds in writing that the
agreement is contrary to applicable law, rule, or regulation.
(3) Unless the Secretary disapproves the agreement by making a
finding under paragraph (2), the agreement shall take effect after 30
days from its execution and shall be binding on the Department and the
exclusive representative subject to all applicable laws, orders, and
regulations.
(g) The Department shall consult with the exclusive representative
with respect to Government-wide or multiagency matters affecting the
rights, benefits, or obligations of individuals employed in agencies not
authorized to utilize the Foreign Service personnel system. The
exclusive representative shall be informed of any change proposed by the
Department with respect to such matters, and shall be permitted
reasonable time to present its views and recommendations regarding such
change. The Department shall consider the views and recommendations of
the exclusive representative before taking final action on any such
change, and shall provide the exclusive representative a written
statement of the reasons for taking the final action.
Sec. 1014. // 22 USC 4114. // Resolution of Implementation
Disputes.-(a) Any dispute between the Department and the exclusive
representative concerning the effect, interpretation, or a claim of
breach of a collective bargaining agreement shall be resolved through
procedures negotiated by the Department and the exclusive
representative. Any procedures negotiated under this section shall--,
(1) be fair and simple,
(2) provide for expeditious processing, and
(3) include provision for appeal to the Foreign Service
Grievance Board by either party of any dispute not satisfactorily
settled.
(b) Either party to an appeal under subsection (a)(3) may file with
the Board an exception to the action of the Foreign Service Grievance
Board in resolving the implementation dispute. If, upon review, the
Board finds that the action is deficient--,
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts
in private sector labor-management relations;
the Board may take such action and make such recommendations concerning
the Foreign Service Grievance Board action as it considers necessary,
consistent with applicable laws, rules, and regulations.
(c) If no exception to a Foreign Service Grievance Board action is
filed under subsection (b) within 30 days after such action is
communicated to the parties, such action shall become final and binding
and shall be implemented by the parties.
(d) Resolutions of disputes under this section shall not be subject
to judicial review.
Sec. 1015. // 22 USC 4115. // Unfair Labor Practices.-(a) It shall
be an unfair labor practice for the Department--,
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
(2) to encourage or discourage membership in any labor
organization by discrimination in connection with hiring, tenure,
promotion, or other conditions of employment;
(3) to sponsor, control, or otherwise assist any labor
organization, other than to furnish upon request customary and
routine services and facilities on an impartial basis to labor
organizations having equivalent status;
(4) to discipline or otherwise discriminate against an employee
because the employee has filed a complaint or petition, or has
given any information, affidavit, or testimony under this chapter;
(5) to refuse to consult or negotiate in good faith with a
labor organization, as required under this chapter;
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this chapter;
(7) to enforce any rule or regulation (other than a rule or
regulation implementing section 2302 of title 5, United States
Code) which is in conflict with an applicable collective
bargaining agreement if the agreement was in effect before the
date the rule or regulation was prescribed; or
(8) to fail or refuse otherwise to comply with any provision of
this chapter.
(b) It shall be an unfair labor practice for a labor organization--,
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
(2) to cause or attempt to cause the Department to discriminate
against any employee in the exercise by the employee of any right
under this chapter;
(3) to coerce, discipline, fine, or attempt to coerce a member
of the labor organization as punishment or reprisal, or for the
purpose of hindering or impeding the member's work performance or
productivity as an employee or the discharge of the member's
functions as an employee;
(4) to discriminate against an employee with regard to the
terms and conditions of membership in the labor organization on
the basis of race, color, creed, national origin, sex, age,
preferential or nonpreferential civil service status, political
affiliation, marital status, or handicapping condition;
(5) to refuse to consult or negotiate in good faith with the
Department, as required under this chapter;
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this chapter;
(7)(A) to call, or participate in, a strike, work stoppage, or
slowdown, or to picket the Department in a labor-management
dispute (except that any such picketing in the United States which
does not interfere with the Department's operations shall not be
an unfair labor practice); or
(B) to condone any unfair labor practice described in
subparagraph (A) by failing to take action to prevent or stop such
activity;
(8) to deny membership to any employee in the unit represented
by the labor organization except--,
(9) to fail or refuse otherwise to comply with any provision of
this chapter.
(c) The expression of any personal view, argument, or opinion, or the
making of any statement, which--,
(1) publicizes the fact of a representational election and
encourages employees to exercise their right to vote in such an
election;
(2) corrects the record with respect to any false or misleading
statement made by any person; or
(3) informs employees of the Government's policy relating to
labor-management relations and representation,
if the expression contains no threat of reprisal or force or promise of
benefit and was not made under coercive conditions shall not--,
(A) constitute an unfair labor practice under this chapter, or
(B) constitute grounds for the setting aside of any election
conducted under this chapter.
(d) Issues which can properly be raised under an appeals procedure
may not be raised as unfair labor practices prohibited under this
section. Except for matters wherein, under section 1109(b), an employee
has an option of using the grievance procedure under chapter 11 or an
appeals procedure, issues which can be raised under section 1014 or
chapter 11 may, in the discretion of the aggrieved party, be raised
either under such section or chapter or else raised as an unfair labor
practice under this section, but may not be raised both under this
section and under section 1014 or chapter 11.
Sec. 1016. // 22 USC 4116. // Prevention of Unfair Labor
Practices.-(a) If the Department or labor organization is charged by any
person with having engaged in or engaging in an unfair labor practice,
the General Counsel shall investigate the charge and may issue and cause
to be served upon the Department or labor organization a complaint. In
any case in which the General Counsel does not issue a complaint because
the charge fails to state an unfair labor practice, the General Counsel
shall provide the person making the charge a written statement of the
reasons for not issuing a complaint.
(b) Any complaint under subsection (a) shall contain a notice--,
(1) of the charge;
(2) that a hearing will be held before the Board (or any member
thereof or before an individual employed by the Board and
designated for such purpose); and
(3) of the time and place fixed for the hearing.
(c) The labor organization or Department involved shall have the
right to file an answer to the original and any amended complaint and to
appear in person or otherwise and give testimony at the time and place
fixed in the complaint for the hearing.
(d)(1) Except as provided in paragraph (2), no complaint shall be
issued based on any alleged unfair labor practice which occurred more
than 6 months before the filing of the charge with the Board.
(2) If the General Counsel determines that the person filing any
charge was prevented from filing the charge during the 6-month period
referred to in paragraph (1) by reason of--,
(A) any failure of the Department or labor organization against
which the charge is made to perform a duty owed to the person, or
(B) any concealment which prevented discovery of the alleged
unfair labor practice during the 6-month period,
the General Counsel may issue a complaint based on the charge if the
charge was filed during the 6-month period beginning on the day of the
discovery by the person of the alleged unfair labor practice.
(e) The General Counsel may prescribe regulations providing for
informal methods by which the alleged unfair labor practice may be
resolved prior to the issuance of a complaint.
(f) The Board (or any member thereof or any individual employed by
the Board and designated for such purpose) shall conduct a hearing on
the complaint not earlier than 5 days after the date on which the
complaint is served. In the discretion of the individual or individuals
conducting the hearing, any person involved may be allowed to intervene
in the hearing and to present testimony. Any such hearing shall, to the
extent practicable, be conducted in accordance with the provisions of
subchapter II of chapter 5 of title 5, United States Code, // 5 USC 551.
// except that the parties shall not be bound by rules of evidence,
whether statutory, common law, or adopted by a court. A transcript
shall be kept of the hearing. After such a hearing the Board, in its
discretion, may upon notice receive further evidence or hear arguement.
(g) If the Board (or any member thereof or any individual employed by
the Board and designated for such purpose) determines after any hearing
on a complaint under subsection (f) that the preponderance of the
evidence received demonstrates that the Department or labor organization
named in the complaint has engaged in or is engaging in an unfair labor
practice, then the individual or individuals conducting the hearing
shall state in writing their findings of fact and shall issue and cause
to be served on the Department or labor organization an order--,
(1) to cease and desist from any such unfair labor practice in
which the Department or labor organization is engaged;
(2) requiring the parties to renegotiate a collective
bargaining agreement in accordance with the order of the Board and
requiring that the agreement, as amended, be given retroactive
effect;
(3) requiring reinstatement of an employee with backpay in
accordance with section 5596 of title 5, United States Code; or
(4) including any combination of the actions described in
paragraphs (1) through (3) or such other action as will carry out
the purpose of this chapter.
If any such order requires reinstatement of an employee with backpay,
backpay may be required of the Department (as provided in section 5596
of title 5, United States Code) or of the labor organization, as the
case may be, which is found to have engaged in the unfair labor practice
involved.
(h) If the individual or individuals conducting the hearing determine
that the preponderance of the evidence received fails to demonstrate
that the Department or labor organization named in the complaint has
engaged in or is engaging in an unfair labor practice, the individual or
individuals shall state in writing their findings of fact and shall
issue an order dismissing the complaint.
Sec. 1017. // 22 USC 4117. // Standards of Conduct for Labor
Organizations.-(a) The Department shall accord recognition only to a
labor organization that is free from corrupt influences and influences
opposed to basic democratic principles. Except as provided in
subsection (b), an organization is not required to prove that it is free
from such influences if it is subject to a governing requirement adopted
by the organization or by a national or international labor organization
or federation of labor organizations with which it is affiliated, or in
which it participates, containing explicit and detailed provisions to
which it subscribes calling for--,
(1) the maintenance of democratic procedures and practices,
including--,
subject
to recognized safeguards, and
individual
members to participate in the affairs of the
organization, to
receive fair and equal treatment under the governing
rules
of the organization, and to receive fair process in
disciplinary
proceedings;
(2) the exclusion from office in the organization of persons
affiliated with Communist or other totalitarian movements and
persons identified with corrupt influences;
(3) the prohibition of business or financial interests on the
part of organization officers and agents which conflict with their
duty to the organization and its members; and
(4) the maintenance of fiscal integrity in the conduct of the
affairs of the organization, including provisions for accounting
and financial controls and regular financial reports or summaries
to be made available to members.
(b) A labor organization may be required to furnish evidence of its
freedom from corrupt influences opposed to basic democratic principles
if there is reasonable cause to believe that--,
(1) the organization has been suspended or expelled from, or is
subject to other sanction by, a parent labor organization, or
federation of organizations with which it has been affiliated,
because it has demonstrated an unwillingness or inability to
comply with governing requirements comparable in purpose to those
required by subsection (a); or
(2) the organization is in fact subject to influences that
would preclude recognition under this chapter.
(c) A labor organization which has or seeks recognition as a
representative of employees under this chapter shall file financial and
other reports with the Assistant Secretary of Labor for Labor Management
Relations, provide for bonding of officials and others employed by the
organization, and comply with trusteeship and election standards.
(d) The Assistant Secretary of Labor shall prescribe such regulations
as are necessary to carry out this section. Such regulations shall
conform generally to the principles applied to labor organizations in
the private sector. Complaints of violations of this section shall be
filed with the Assistant Secretary. In any matter arising under this
section, the Assistant Secretary may require a labor organization to
cease and desist from violations of this section and require it to take
such actions as the Assistant Secretary considers appropriate to carry
out the policies of this section.
(e) This chapter does not authorize participation in the management
of a labor organization or acting as a representative of a labor
organization by a management official, a confidential employee, or any
other employee if the participation or activity would result in a
conflict or apparent conflict of interest or would otherwise be
incompatible with law or with the official functions of such management
official or such employee.
(f) If the Board finds that any labor organization has willfully and
intentionally violated section 1015(b)(7) by omission or commission with
regard to any strike, work stoppage, slowdown, the Board shall--,
(1) revoke the exclusive recognition status of the labor
organization, which shall then immediately cease to be legally
entitled and obligated to represent employees in the unit; or
(2) take any other appropriate disciplinary action.
Sec. 1018. // 22 USC 4118. // Administrative Provisions.-(a) If the
Department has received from any individual a written assignment which
authorizes the Department to deduct from the salary of that individual
amounts for the payment of regular and periodic dues of the exclusive
representative, the Department shall honor the assignment. Any such
assignment shall be made at no cost to the exclusive representative or
the individual. Except as provided in subsection (b), any such
assignment may not be revoked for a period of one year from its
execution.
(b) An assignment for deduction of dues shall terminate when--,
(1) the labor organization ceases to be the exclusive
representative;
(2) the individual ceases to receive a salary from the
Department as a member of the Service; or
(3) the individual is suspended or expelled from membership in
the exclusive representative.
(c) During any period when no labor organization is certified as the
exclusive representative of employees in the Department, the Department
shall have the duty to negotiate with a labor organization which has
filed a petition under section 1011(b)(1)(A) alleging that 10 percent of
the employees in the Department have membership in the organization if
the Board has determined that the petition is valid. Negotiations under
this subsection shall be concerned solely with the deduction of dues of
the labor organization from the salary of the individuals who are
members of the labor organization and who make a voluntary allotment for
that purpose. Any agreement between the Department and a labor
organization under this subsection shall terminate upon the
certification of an exclusive representative of any employees to whom
the agreement applies.
(d) The following provisions shall apply to the use of official time:
(1) Any employee representing an exclusive representative in
the negotiation of a collective bargaining agreement under this
chapter shall be authorized official time for such purposes,
including attendance at impasse proceedings, during the time the
employee otherwise would be in a duty status. The number of
employees for whom official time is authorized under this
paragraph shall not exceed the number of individuals designated as
representing the Department for such purposes.
(2) Any activities performed by any employee relating to the
internal business of the labor organization, including the
solicitation of membership, elections of labor organization
officials, and collection of dues, shall be performed during the
time the employee is in a nonduty status.
(3) Except as provided in paragraph (1), the Board shall
determine whether any employee participating for, or on behalf of,
a labor organization in any phase of proceedings before the Board
shall be authorized official time for such purpose during the time
the employee would otherwise be in a duty status.
(4) Except as provided in paragraphs (1), (2), and (3), any
employee representing an exclusive representative, or engaged in
any other matter covered by this chapter, shall be granted
official time in any amount the Department and the exclusive
representative agree to be reasonable, necessary, and in the
public interest.
Sec. 1101. // 22 USC 4131. // Definition of Grievance.-(a)(1) Except
as provided in subsection (b), for purposes of this chapter, the term
"grievance" means any act, omission, or condition subject to the control
of the Secretary which is alleged to deprive a member of the Service who
is a citizen of the United States of a right or benefit authorized by
law or regulation or which is otherwise a source of concern or
dissatisfaction to the member, including--,
(A) separation of the member allegedly contrary to laws or
regulations, or predicated upon alleged inaccuracy, omission,
error, or falsely prejudicial character of information in any part
of the official personnel record of the member;
(B) other alleged violation, misinterpretation, or
misapplication of applicable laws, regulations, or published
policy affecting the terms and conditions of the employment or
career status of the member;
(C) allegedly wrongful disciplinary action against the member;
(D) dissatisfaction with respect to the working environment of
the member;
(E) alleged inaccuracy, omission, error, or falsely prejudicial
character of information in the official personnel record of the
member which is or could be prejudicial to the member;
(F) action alleged to be in the nature of reprisal or other
interference with freedom of action in connection with
participation by the member in procedures under this chapter; and
(G) alleged denial of an allowance, premium pay, or other
financial benefit to which the member claims entitlement under
applicable laws or regulations.
(2) The scope of grievances described in paragraph (1) may be
modified by written agreement between the Department and the labor
organization accorded recognition as the exclusive representative under
chapter 10 (hereinafter in this chapter referred to as the "exclusive
representative").
(b) For purposes of this chapter, the term "grievance" does not
include--,
(1) an individual assignment of a member under chapter 5, other
than an assignment alleged to be contrary to law or regulation;
(2) the judgment of a selection board established under section
602, a tenure board established under section 306(b), or any other
equivalent body established by laws or regulations which similarly
evaluates the performance of members of the Service on a
comparative basis;
(3) the expiration of a limited appointment, the termination of
a limited appointment under section 611, or the denial of a
limited career extension or of a renewal of a limited career
extension under section 607(b); or
(4) any complaint or appeal where a specific statutory hearing
procedure exists, except as provided in section 1109(b).
(c) This chapter applies only with respect to the Department of
State, the International Communication Agency, the United States
International Development Cooperation Agency, the Department of
Agriculture, and the Department of Commerce.
Sec. 1102. // 22 USC 4132. // Grievances Concerning Former
Members.-Within the time limitations of section 1104, a former member of
the Service or the surviving spouse (or, if none, another member of the
family) of a deceased member or former member of the Service may file a
grievance under this chapter only with respect to allegations described
in section 1101(a)(1)(G).
Sec. 1103. // 22 USC 4133. // Freedom of Action.-(a) Any individual
filing a grievance under this chapter (hereinafter in this chapter
referred to as the "grievant"), and any witness, labor organization, or
other person involved in a grievance proceeding, shall be free from any
restraint, interference, coercion, harassment, discrimination, or
reprisal in those proceedings or by virtue of them.
(b)(1) The grievant has the right to a representative of his or her
own choosing at every stage of the proceedings under this chapter.
(2) In any case where the grievant is a member of a bargaining unit
represented by an exclusive representative, but is not represented in
the grievance by that exclusive representative, the exclusive
representative shall have the right to appear during the grievance
proceedings.
(3) The grievant, and any representative of the grievant who is a
member of the Service or employee of the Department, shall be granted
reasonable periods of administrative leave to prepare and present the
grievance and to attend proceedings under this chapter.
(c) Any witness who is a member of the Service or employee of the
Department shall be granted reasonable periods of administrative leave
to appear and testify at any proceedings under this chapter.
(d)(1) No record of--,
(A) a determination by the Secretary to reject a recommendation
of the Foreign Service Grievance Board,
(B) a finding by the Grievance Board against the grievant, or
(C) the fact that a grievance proceeding is pending or has been
held,
shall be entered in the personnel records of the grievant (except by
order of the Grievance Board as a remedy for the grievance) or those of
any other individual connected with the grievance.
(2) The Department shall maintain records pertaining to grievances
under appropriate safeguards to preserve confidentiality.
(3) The Foreign Service Grievance Board may enforce compliance with
the requirements of paragraphs (1) and (2).
(e) The Department will use its best endeavors to expedite security
clearance procedures whenever necessary to assure a fair and prompt
resolution of a grievance.
Sec. 1104. // 22 USC 4134. // Time Limitations.-(a) A grievance is
forever barred unless it is filed with the Department within a period of
3 years after the occurrence or occurrences giving rise to the grievance
or such shorter period as may be agreed to by the Department and the
exclusive representative. There shall be excluded from the computation
of any such period any time during which, as determined by the Foreign
Service Grievance Board, the grievant was unaware of the grounds for the
grievance and could not have discovered such grounds through reasonable
diligence.
(b) If a grievance is not resolved under Department procedures (which
have been negotiated with the exclusive representative, if any) within
ninety days after it is filed with the Department, the grievant or the
exclusive representative (on behalf of a grievant who is a member of the
bargaining unit) shall be entitled to file a grievance with the Foreign
Service Grievance Board for its consideration and resolution.
Sec. 1105. // 22 USC 4135. // Foreign Service Grievance Board.-(a)
There is established the Foreign Service Grievance Board (hereinafter in
this chapter referred to as the " Board"). The Board shall consist of
no fewer than 5 members who shall be independent, distinguished citizens
of the United States, well known for their integrity, who are not
employees of the Department or members of the Service.
(b) The Chairperson and other members of the Board shall be appointed
by the Secretary of State, from nominees approved in writing by the
agencies to which this chapter applies and the exclusive representative
(if any) for each such agency. Each member of the Board shall be
appointed for a term of 2 years, subject to renewal with the same
written approvals required for initial appointment. In the event of a
vacancy on the Board, an appointment for the unexpired term may be made
by the Secretary of State in accordance with the procedures specified in
this section. In the event of inability to obtain agreement on a
nominee, each such agency and exclusive representative shall select 2
nominees and shall, in an order determined by lot, in turn strike a name
from a list of such nominees until only one name remains. For purposes
of this section, the nominee whose name remains shall be deemed to be
approved in writing by each such agency head and exclusive
representative.
(c) Members of the Board who are not employees of the Government
shall be paid for each day they are performing their duties (including
traveltime) at the daily equivalent of the maximum rate payable for
grade GS-18 of the General Schedule under section 5332 of title 5,
United States Code. // 45 FR 69201. //
(d) The Secretary of State may, upon written notice, remove a Board
member for corruption, neglect of duty, malfeasance, or demonstrated
incapacity to perform his or her functions, established at a hearing
(unless the right to a hearing is waived in writing by the Board
member).
(e) The Board may obtain facilities, services, and supplies through
the general administrative services of the Department of State. All
expenses of the Board, including necessary costs of the travel and
travel-related expenses of a grievant, shall be paid out of funds
appropriated to the Department for obligation and expenditure by the
Board. At the request of the Board, employees of the Department and
members of the Service may be assigned as staff employees for the Board.
Within the limits of appropriated funds, the Board may appoint and fix
the compensation of such other employees as the Board considers
necessary to carry out its functions. The individuals so appointed or
assigned shall be responsible solely to the Board, and the Board shall
prepare the performance evaluation reports for such individuals. The
records of the Board shall be maintained by the Board and shall be
separate from all other records of the Department of State under
appropriate safeguards to preserve confidentiality.
Sec. 1106. // 22 USC 4136. // Board Procedures.-The Board may adopt
regulations concerning its organization and procedures. Such
regulations shall include provision for the following:
(1) The Board shall conduct a hearing at the request of a
grievant in any case which involves--,
from
the Service under section 607 or 608, or
best be
resolved by a hearing or presentation of oral argument.
(2) The grievant, the representatives of the grievant, the
exclusive representative (if the grievant is a member of the
bargaining unit represented by the exclusive representative), and
the representatives of the Department are entitled to be present
at the hearing. The Board may, after considering the views of the
parties and any other individuals connected with the grievance,
decide that a hearing should be open to others. Testimony at a
hearing shall be given under oath, which any Board member or
individual designated by the Board shall have authority to
administer.
(3) Each party (including an exclusive representative appearing
in the proceedings) shall be entitled to examine and crossexamine
witnesses at the hearing or by deposition and to serve
interrogatories upon another party and have such interrogatories
answered by the other party unless the Board finds such
interrogatory irrelevant, immaterial, or unduly repetitive. Upon
request of the Board, or upon a request of the grievant deemed
relevant and material by the Board, an agency shall promptly make
available at the hearing or by deposition any witness under its
control, supervision, or responsibility, except that if the Board
determines that the presence of such witness at the hearing is
required for just resolution of the grievance, then the witness
shall be made available at the hearing, with necessary costs and
travel expenses paid by the Department.
(4) During any hearing held by the Board, any oral or
documentary evidence may be received, but the Board shall exclude
any irrelevant, immaterial, or unduly repetitious evidence, as
determined under section 556 of title 5, United States Code.
(5) A verbatim transcript shall be made of any hearing and
shall be part of the record of proceedings.
(6) In those grievances in which the Board does not hold a
hearing, the Board shall afford to each party the opportunity to
review and to supplement, by written submissions, the record of
proceedings prior to the decision by the Board. The decision of
the Board shall be based exclusively on the record of proceedings.
(7) The Board may act by or through panels or individual
members designated by the Chairperson, except that hearings within
the continental United States shall be held by panels of at least
three members unless the parties agree otherwise. References in
this chapter to the Board shall be considered to be references to
a panel or member of the Board where appropriate. All members of
the Board shall act as impartial individuals in considering
grievances.
(8) If the Board determines that the Department is considering
the involuntary separation of the grievant, disciplinary action
against the grievant, or recovery from the grievant of alleged
overpayment of salary, expenses, or allowances, which is related
to a grievance pending before the Board and that such action
should be suspended, the Department shall suspend such action
until the Board has ruled upon the grievance. Notwithstanding
such suspension of action, the head of the agency concerned or a
chief of mission or principal officer may exclude the grievant
from official premises or from the performance of specified
functions when such exclusion is determined in writing to be
essential to the functioning of the post or office to which the
grievant is assigned.
(9) The Board may reconsider any decision upon presentation of
newly discovered or previously unavailable material evidence.
Sec. 1107. // 22 USC 4137. // Board Decisions.-(a) Upon completion
of its proceedings, the Board shall expeditiously decide the grievance
on the basis of the record of proceedings. In each case the decision of
the Board shall be in writing, and shall include findings of fact and a
statement of the reasons for the decision of the Board.
(b) If the Board finds that the grievance is meritorious, the Board
shall have the authority to direct the Department--,
(1) to correct any official personnel record relating to the
grievant which the Board finds to be inaccurate or erroneous, to
have an omission, or to contain information of a falsely
prejudicial character;
(2) to reverse a decision denying the grievant compensation or
any other perquisite of employment authorized by laws or
regulations when the Board finds that such decision was arbitrary,
capricious, or contrary to laws or regulations;
(3) to retain in the Service a member whose separation would be
in consequence of the matter by which the member is aggrieved;
(4) to reinstate the grievant, and to grant the grievant back
pay in accordance with section 5596(b)(1) of title 5, United
States Code;
(5) to pay reasonable attorney fees to the grievant to the same
extent and in the same manner as such fees may be required by the
Merit Systems Protection Board under section 7701(g) of title 5,
United States Code; and
(6) to take such other remedial action as may be appropriate
under procedures agreed to by the Department and the exclusive
representative (if any).
(c) Except as provided in subsection (d), decisions of the Board
under this chapter shall be final, subject only to judicial review as
provided in section 1110.
(d) If the Board finds that the grievance is meritorious and that
remedial action should be taken that relates directly to promotion or
assignment of the grievant or to other remedial action not otherwise
provided for in this section, or if the Board finds that the evidence
before it warrants disciplinary action against any employee of the
Department or member of the Service, it shall make an appropriate
recommendation to the Secretary. The Secretary shall make a written
decision on the recommendation of the Board within 30 days after
receiving the recommendation. The Secretary shall implement the
recommendation of the Board except to the extent that, in a decision
made within that 30-day period, the Secretary rejects the recommendation
in whole or in part on the basis of a determination that implementation
of the recommendation would be contrary to law or would adversely affect
the foreign policy or national security of the United States. If the
Secretary rejects the recommendation in whole or in part, the decision
shall specify the reasons for such action. Pending the decision of the
Secretary, there shall be no ex parte communication concerning the
grievance between the Secretary and any person involved in the
proceedings of the Board. The Secretary shall, however, have access to
the entire record of the proceedings of the Board.
Sec. 1108. // 22 USC 4138. // Access to Records.-(a) If a grievant
is denied access to any agency record prior to or during the
consideration of the grievance by the Department, the grievant may raise
such denial before the Board in connection with the grievance.
(b) In considering a grievance, the Board shall have access to any
agency record as follows:
(1)(A) The Board shall request access to any agency record
which the grievant requests to substantiate the grievance if the
Board determines that such record may be relevant and material to
the grievance.
(B) The Board may request access to any other agency record
which the Board determines may be relevant and material to the
grievance.
(2) Any agency shall make available to the Board any agency
record requested under paragraph (1) unless the head or deputy
head of such agency personally certifies in writing to the Board
that disclosure of the record to the Board and the grievant would
adversely affect the foreign policy or national security of the
United States or that such disclosure is prohibited by law. If
such a certification is made with respect to any record, the
agency shall supply to the Board a summary or extract of such
record unless the reasons specified in the preceding sentence
preclude such a summary or extract.
(c) If the Board determines that an agency record, or a summary or
extract of a record, made available to the Board under subsection (b) is
relevant and material to the grievance, the agency concerned shall make
such record, summary, or extract, as the case may be, available to the
grievant.
(d) In considering a grievance, the Board may take into account the
fact that the grievant or the Board was denied access to an agency
record which the Board determines is or may be relevant and material to
the grievance.
(e) The grievant in any case decided by the Board shall have access
to the record of the proceedings and the decision of the Board.
Sec. 1109. // 22 USC 4139. // Relationship to Other Remedies.-(a) A
grievant may not file a grievance with the Board if the grievant has
formally requested, prior to filing a grievance, that the matter or
matters which are the basis of the grievance be considered or resolved
and relief be provided under another provision of law, regulation, or
Executive order, other than under section 1206 of title 5, United States
Code, and the matter has been carried to final decision under such
provision on its merits or is still under consideration.
(b) If a grievant is not prohibited from filing a grievance under
subsection (a), the grievant may file with the Board a grievance which
is also eligible for consideration, resolution, and relief under chapter
12 of title 5, United States Code, // 5 USC 1201 // or a regulation or
Executive order other than under this chapter. An election of remedies
under this section shall be final upon the acceptance of jurisdiction by
the Board.
Sec. 1110. // 22 USC 4140. // Judicial Review.-Any aggrieved party
may obtain judicial review of a final action of the Secretary or the
Board on any grievance in the district courts of the United States in
accordance with the standards set forth in chapter 7 of title 5, United
States Code. Section 706 of title 5, United States Code, // 5 USC 701
// shall apply without limitation or exception.
Sec. 2101. // 22 USC 4151. // Pay And Benefits Pending Conversion.-
Until converted under the provisions of this chapter, any individual who
is in the Foreign Service before the effective date of this Act and is
serving under an appointment as a Foreign Service officer, Foreign
Service information officer, Foreign Service Reserve officer with
limited or unlimited tenure, or Foreign Service staff officer or
employee, shall be treated for purposes of salary, allowances, and other
matters as if such individual had been converted under section 2102 or
2103, as the case may be, on the effective date of this Act, except that
any adjustment of salary under this section shall take effect--,
(1) in the case of an individual who is in the Foreign Service
on the date of enactment of this Act, on the first day of the
first pay period which begins on or after October 1, 1980, and
(2) in the case of an individual who is appointed to the
Foreign Service after the date of enactment of this Act, on the
date such appointment becomes effective.
Sec. 2102. // 22 USC 4152. // Conversion to the Foreign Service
Schedule.-(a) Not later than 120 days after the effective date of this
Act, the Secretary shall, in accordance with section 2106, convert to
the appropriate class in the Foreign Service Schedule established under
section 403 of this Act those individuals in the Foreign Service who are
serving immediately before the effective date of this Act under
appointments at or below class 3 of the schedule established under
section 412 or 414 of the Foreign Service Act of 1946, // 22 USC 867,
869. // or at any class in the schedule established under section 415
of such Act, // 22 USC 870. // as--,
(1) Foreign Service officers, or
(2) Foreign Service Reserve officers with limited or unlimited
tenure, and Foreign Service staff officers or employees, who the
Secretary determines are available for worldwide assignment.
(b) Not later than 3 years after the effective date of this Act,
Foreign Service Reserve officers and staff officers and employees who
the Secretary determines under subsection (a)(2) are not available for
worldwide assignment shall also be converted, in accordance with section
2106, to the appropriate class in the Foreign Service Schedule
established under section 403 if--,
(1) the Secretary certifies that there is a need for their
services in the Foreign Service; and
(2) they agree in writing to accept availability for worldwide
assignment as a condition of continued employment.
Sec. 2103. // 22 USC 4153. // Conversion to the Senior Foreign
Service.-(a) Foreign Service officers and Foreign Service Reserve
officers with limited or unlimited tenure who, immediately before the
effective date of this Act, are serving under appointments at class 2 or
a higher class of the schedule established under section 412 or 414 of
the Foreign Service Act of 1946 // 22 USC 807, 869. // may at any time
within 120 days after such date submit to the Secretary a written
request for appointment to the Senior Foreign Service.
(b) Except as provided in subsection (d), if a request is submitted
under subsection (a) by a Foreign Service Reserve officer with limited
tenure, the Secretary shall grant to such officer a limited appointment
to the Senior Foreign Service in the appropriate class established under
section 402 of this Act.
(c) If a request is submitted under subsection (a) by a Foreign
Service officer or, except as provided in subsection (d), a Foreign
Service Reserve officer with unlimited tenure, the Secretary shall
recommend to the President a career appointment of such officer, by and
with the advice and consent of the Senate, to the Senior Foreign Service
in the appropriate class established under section 402 of this Act.
(d) If the Secretary determines that a Foreign Service Reserve
officer with limited or unlimited tenure who submits a request under
subsection (a) is not available for worldwide assignment, an appointment
under subsection (b) or a recommendation for appointment under
subsection (c) shall be made only if--,
(1) the Secretary certifies that there is a need for the
services of such officer in the Senior Foreign Service; and
(2) such officer agrees in writing to accept availability for
worldwide assignment as a condition of continued employment.
(e) If a Foreign Service officer or a Foreign Service Reserve officer
who is eligible to submit a request under subsection (a) submits a
written request for appointment to the Senior Foreign Service to the
Secretary more than 120 days after the effective date of this Act and
before the end of the 3-year period beginning on such effective date,
the Secretary (in the case of a Foreign Service Reserve officer with
limited tenure) may grant a limited appointment to, or (in the case of a
Foreign Service officer or Foreign Service Reserve officer with
unlimited tenure) may recommend to the President a career appointment
of, the requesting officer to the appropriate class established under
section 402 of this Act, subject to the conditions specified in
subsection (d) and such other conditions as the Secretary may prescribe
consistent with the provisions of chapter 6 of title I of this Act
relating to promotion into the Senior Foreign Service.
(f) Any officer of the Foreign Service who is eligible to submit a
request under subsection (a) and--,
(1) who does not submit a request under subsection (a), or
(2) who submits such a request more than 120 days after the
effective date of this Act and is not appointed to the Senior
Foreign Service for any reason other than failure to meet the
conditions specified in subsection (d),
may not remain in the Foreign Service for more than 3 years after the
effective date of this Act. During such period, the officer shall be
subject to the provisions of title I of this Act applicable to members
of the Senior Foreign Service, except that such officer shall not be
eligible to compete for performance pay under section 405, and shall not
be eligible for a limited career extension as described in section
607(b). Upon separation from the Service, any such officer who is a
participant in the Foreign Service Retirement and Disability System
shall be entitled to retirement benefits determined in accordance with
chapter 8 of title I of this Act.
Sec. 2104. // 22 USC 4154. // Conversion From the Foreign
Service.-(a) In the case of any individual in the Foreign Service who,
immediately before the effective date of this Act, is serving under an
appointment described in section 2102(a) or 2103(a) and who is not
converted under section 2102 or section 2103 because such individual
does not meet the conditions specified in section 2102(b) or 2103(d),
the Secretary shall, not later than 3 years after the effective date of
this Act, provide that--,
(1) the position such individual holds shall be subject to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code;
// 5 USC 5101, 5331. //
(2) such individual shall be appointed to such position without
competitive examination; and
(3) such position shall be considered to be in the competitive
service so long as the individual continues to hold that position;
except that any such individual who meets the eligibility requirements
for the Senior Executive Service and who elects to join that Service
shall be converted by the Secretary to the Senior Executive Service in
the appropriate rate of basic pay established under section 5382 of
title 5, United States Code.
(b) In the case of individuals in the Foreign Service in the
International Communication Agency who immediately before the date of
enactment of this Act are covered by a collective bargaining agreement
between the Agency and the exclusive representative of those
individuals, the 3-year period referred to in subsection (a) shall begin
on July 1, 1981.
Sec. 2105. // 22 USC 4155. // Conversion of Certain Positions in the
Department of Agriculture.-(a) Not later than 15 days after the
effective date of this Act, the Secretary of Agriculture shall--,
(1) designate and classify under section 501 of this Act those
positions in the Foreign Agricultural Service under the General
Schedule described in section 5332 of title 5, United States Code,
which the Secretary of Agriculture determines are to be occupied
by career members of the Foreign Service, and
(2) provide written notice to individuals holding those
positions of such designation and classification of the personnel
category under section 103 which will apply to such individual.
(b) Each employee serving in a position at the time it is designated
under subsection (a) shall, not later than 120 days after notice of such
designation, elect--,
(1) to accept conversion to the Foreign Service in which case
such employee shall be converted in accordance with the provisions
of subsection (c); or
(2) to decline conversion to the Foreign Service and have the
provisions of subsection (d) apply.
(c)(1) The Secretary of Agriculture shall recommend to the President
for appointment to the appropriate class (as determined under paragraph
(2)), by and with the advice and consent of the Senate, those employees
who elect conversion under subsection (a)(1).
(2) The Secretary of Agriculture shall appoint as Foreign Service
personnel those employees who elect to accept conversion and who are not
eligible for appointment under paragraph (1).
(d) Any employee who declines conversion under subsection (b)(2)
shall for so long as that employee continues to hold the designated
position be deemed to be a member of the Foreign Service for purposes of
allowances, differentials, and similar benefits (as determined by the
Secretary of Agriculture).
Sec. 2106. // 22 USC 4156. // Preservation of Status and
Benefits.-(a)(1) Every individual who is converted under this chapter
shall be converted to the class or grade and pay rate that most closely
corresponds to the class or grade and step at which the individual was
serving immediately before conversion. No conversion under this chapter
shall cause any individual to incur a reduction in his or her class,
grade, or basic rate of salary.
(2) An individual converted under section 2104 to a position in the
competitive service shall be entitled to have that position, or any
other position to which the individual is subsequently assigned (other
than at the request of the individual), be considered for all purposes
as at the grade which corresponds to the class in which the individual
served immediately before conversion so long as the individual continues
to hold that position.
(b)(1) Any participant in the Foreign Service Retirement and
Disability System who would, but for this paragraph, participate in the
Civil Service Retirement and Disability System by virtue of conversion
under this chapter shall reamin a participant in the Foreign Service
Retirement and Disability System for 120 days after participation in the
Foreign Service Retirement and Disability System would otherwise cease.
During such 120-day period, the individual may elect in writing to
continue to participate in the Foreign Service Retirement and Disability
System instead of the Civil Service Retirement and Disability System so
long as he or she is employed in an agency which is authorized to
utilize the Foreign Service personnel system. If such an election is
not made, the individual shall then be covered by the Civil Service
Retirement and Disability System and contributions made by the
participant to the Foreign Service Retirement and Disability Fund shall
be transferred to the Civil Service Retirement and Disability Fund.
(2) Any Foreign Service Reserve officer with limited tenure who has
reemployment rights to a personnel category in the Foreign Service in
which he or she would be a participant in the Foreign Service Retirement
and Disability System and who would, but for this paragraph, continue to
participate in the Civil Service Retirement and Disability System by
virtue of conversion under section 2104 may elect, during the 120-day
period beginning on the date of such conversion, to become a participant
in the Foreign Service Retirement and Disability System so long as he or
she is employed in an agency which is authorized to utilize the Foreign
Service personnel system. If such an election is made, the individual
shall be transferred to the Foreign Service Retirement and Disability
System and contributions made by that individual to the Civil Service
Retirement and Disability Fund shall be transferred to the Foreign
Service Retirement and Disability Fund.
(c) Individuals who are converted under this chapter shall be
converted to the type of appointment which corresponds most closely in
tenure to the type of appointment under which they were serving
immediately prior to such conversion, except that this chapter shall not
operate to extend the duration of any limited appointment or previously
applicable time in class.
(d) Any individual who on the effective date of this Act is
serving--,
(1) under an appointment in the Foreign Service, or
(2) in any other office or position continued by this Act,
may continue to serve under such appointment, subject to the provisions
of this Act, and need not be reappointed by virtue of the enactment of
this Act.
(e) Any individual in the Foreign Service--,
(1) who is serving under a career appointment on the date of
enactment of this Act, and
(2) who was not subject to section 633(a)(2) of the Foreign
Service Act of 1946
// 22 USC 1003. //
immediately before the effective date of this Act,
may not be retired under section 608 of this Act until 10 years after
the effective date of this Act or when such individual first becomes
eligible for an immediate annuity under chapter 8 of title I of this
Act, whichever occurs first.
Sec. 2107. // 22 USC 4157. // Regulations.- Under the direction of
the President, the Secretary shall prescribe regulations for the
implementation of this chapter.
Sec. 2108. // 22 USC 4158. // Authority of Other Agencies.-The heads
of agencies other than the Department of State which utilize the Foreign
Service personnel system shall perform functions under this chapter in
accordance with regulations prescribed by the Secretary of State under
section 2107. Such agency heads shall consult with the Secretary of
State in the exercise of such functions.
Sec. 2109. // 22 USC 4159. // Survivor Benefits for Certain Former
Spouses.-(a) Any participant or former participant in the Foreign
Service Retirement and Disability System who on February 15, 1981, has a
former spouse may, by a spousal agreement, elect to receive a reduced
annuity and provide a survivor annuity for such former spouse under
section 814(b).
(b)(1) If the participant or former participant has not retired under
such system on or before February 15, 1981, an election under this
section may be made at any time before retirement.
(2) If the participant or former participant has retired under such
system on or before February 15, 1981, an election under this section
may be made within such period after February 15, 1981, as the Secretary
of State may prescribe.
(3) For purposes of applying chapter 8 of title I, any such election
shall be treated the same as if it were a spousal agreement under
section 820(b)(1).
(c) An election under this section may provide for a survivor benefit
based on all or any portion of that part of the annuity of the
participant which is not designated or committed as a base for survivor
benefits for a spouse or any other former spouse of the participant.
The participant and his or her spouse may make an election under section
806(b)(1)(B) prior to the time of retirement for the purpose of allowing
an election to be made under this section.
(d) The amount of the reduction in the participant's annuity shall be
determined in accordance with section 806(b)(2). Such reduction shall
be effective as of--,
(1) the commencing date of the participant's annuity, in the
case of an election under subsection (b)(1), or
(2) February 15, 1981, in the case of an election under
subsection (b)(2).
(e) For purposes of this section, the terms "former spouse",
"participant", and "spousal agreement" have the meanings given such
terms in sections 803 and 804.
Agencies
Sec. 2201. Basic Authorities of the Department of State.-(a) The Act
entitled " An Act to provide certain basic authority for the Department
of State", approved August 1, 1956, is amended by adding at the end
thereof the following new sections:
" Sec. 25. // 22 USC 2697. // The Secretary of State may accept on
behalf of the United States gifts made unconditionally by will or
otherwise for the benefit of the Department of State (including the
Foreign Service) or for the carrying out of any of its functions.
Conditional gifts may be so accepted at the discretion of the Secretary,
and the principal of and income from any such conditional gift shall be
held, invested, reinvested, and used in accordance with its conditions,
except that no gift shall be accepted which is conditioned upon any
expenditure which will not be met by the gift or the income from the
gift unless such expenditure has been approved by Act of Congress.
"(b) Any unconditional gift of money accepted under subsection (a),
the income from any gift property held under subsection (c) or (d)
(except income made available for expenditure under subsection (d)(2)),
the net proceeds from the liquidation of gift property under subsection
(c) or (d), and the proceeds of insurance on any gift property which are
not used for its restoration, shall be deposited in the Treasury of the
United States. Such funds are hereby appropriated and shall be held in
trust by the Secretary of the Treasury for the benefit of the Department
of State (including the Foreign Service). The Secretary of the Treasury
may invest and reinvest such funds in interest-bearing obligations of
the United States or in obligations guaranteed as to both principal and
interest by the United States. Such funds and the income from such
investments shall be available for expenditure in the operation of the
Department of State (including the Foreign Service) and the performance
of its functions, subject to the same examination and audit as is
provided for appropriations made for the Foreign Service by the
Congress.
"(c) The evidences of any unconditional gift of intangible personal
property (other than money) accepted under subsection (a), shall be
deposited with the Secretary of the Treasury who may hold or liquidate
them, except that they shall be liquidated upon the request of the
Secretary of State whenever necessary to meet payments required in the
operation of the Department of State (including the Foreign Service) or
the performance of its functions.
"(d)(1) The Secretary of State shall hold any real property or any
tangible personal property accepted unconditionally pursuant to
subsection (a) and shall either use such property for the operation of
the Department of State (including the Foreign Service) and the
performance of its functions or lease or hire such property, except that
any such property not required for the operation of the Department of
State (including the Foreign Service) or the performance of its
functions may be liquidated by the Secretary of State whenever in the
judgment of the Secretary of State the purposes of the gift will be
served thereby. The Secretary of State may insure any property held
under this subsection. Except as provided in paragraph (2), the
Secretary shall deposit the income from any property held under this
subsection with the Secretary of the Treasury as provided in subsection
(b).
"(2) The income from any real property or tangible personal property
held under this subsection shall be available for expenditure at the
discretion of the Secretary of State for the maintenance, preservation,
or repair and insurance of such property and any proceeds from insurance
may be used to restore the property insured.
"(e) For the purpose of Federal income, estate, and gift taxes, any
gift, devise, or bequest accepted under this section shall be deemed to
be a gift, devise, or bequest to and for the use of the United States.
"(f) The authorities available to the Secretary of State under this
section with respect to the Department of State shall be available to
the Director of the International Communication Agency and the Director
of the United States International Development Cooperation Agency with
respect to their respective agencies.
" Sec. 26. // 22 USC 2698. // (a) The Secretary of State may,
without regard to section 3106 of title 5, United States Code, authorize
a principal officer of the Foreign Service to procure legal services
whenever such services are required for the protection of the interests
of the Government or to enable a member of the Service to carry on the
member's work efficiently.
"(b) The authority available to the Secretary of State under this
section shall be available to the Director of the International
Communication Agency and the Director of the United States International
Development Cooperation Agency with respect to their respective
agencies.
" Sec. 27. // 22 USC 2699. //
In order to expand employment opportunities for family members of
United States Government personnel assigned abroad, the Secretary of
State shall seek to conclude such bilateral and multilateral agreements
as will facilitate the employment of such family members in foreign
economies.
"(b) Any member of a family of a member of the Foreign Service may
accept gainful employment in a foreign country unless such employment--,
"(1) would violate any law of such country or of the United
States; or
"(2) could, as certified in wiriting by the United States chief
of mission to such country, damage the interests of the United
States.
" Sec. 28. // 22 USC 2700. // The Secretary of State may authorize
the principal officer of a Foreign Service post to provide for the use
of Government owned or leased vehicles located at that post for
transportation of United States Government employees and their families
when public transportation is unsafe or not available or when such use
is advantageous to the Government.
" Sec. 29. // 22 USC 2701. // Whenever the Secretary of State
determines that educational facilities are not available, or that
existing educational facilities are inadequate, to meet the needs of
children of United States citizens stationed outside the United States
who are engaged in carrying out Government activities, the Secretary
may, in such manner as he deems appropriate and under such regulations
as he may prescribe, establish, operate, and maintain primary schools,
and school dormitories and related educational facilities for primary
and secondary schools, outside the United States, make grants of funds
for such purposes, or otherwise provide for such educational facilities.
The authorities of the Foreign Service Buildings Act, 1926, // 22 USC
299. // and of paragraphs (h) and (i) of section 3 of this Act, // 22
USC 2670. // may be utilized by the Secretary in providing assistance
for educational facilities. Such assistance may include hiring,
transporting, and payment of teachers and other necessary personnel.
" Sec. 30. // 22 USC 2702. // (a) The remedy--,
"(1) against the United States provided by sections 1346(b) and
2672 of title 28, United States Code, or
"(2) through proceedings for compensation or other benefits
from the United States as provided by any other law, where the
availability of such benefits precludes a remedy under such
sections,
for damages for personal injury, including death, allegedly arising from
malpractice or negligence of a physician, dentist, nurse, pharmacist, or
paramedical (including medical and dental assistants and technicians,
nursing assistants, and therapists) or other supporting personnel of the
Department of State in furnishing medical care or related services,
including the conducting of clinical studies or investigations, while in
the exercise of his or her duties in or for the Department of State or
any other Federal department, agency, or instrumentality shall be
exclusive of any other civil action or proceeding by reason of the same
subject matter against such physician, dentist, nurse, pharmacist, or
paramedical or other supporting personnel (or his or her estate) whose
act or omission gave rise to such claim.
"(b) The United States Government shall defend any civil action or
proceeding brought in any court against any person referred to in
subsection (a) of this section (or his or her estate) for any such
damage or injury. Any such person against whom such civil action or
proceeding is brought shall deliver, within such time after date of
service or knowledge of service as may be determined by the Attorney
General, all process served upon him or her or an attested true copy
thereof to whomever was designated by the Secretary to receive such
papers. Such person shall promptly furnish copies of the pleading and
process therein to the United States attorney for the district embracing
the place wherein the proceeding is brought, to the Attorney General,
and to the Secretary.
"(c) Upon a certification by the Attorney General that the defendant
was acting within the scope of his or her employment in or for the
Department of State or any other Federal department, agency, or
instrumentality at the time of the incident out of which the suit arose,
any such civil action or proceeding commenced in a State court shall be
removed without bond at any time before trial by the Attorney General to
the district court of the United States of the district and division
embracing the place wherein it is pending and the proceeding deemed a
tort action brought against the United States under the provisions of
title 28, United States Code, // 28 USC 1. // and all references
thereto. Should a United States district court determine on a hearing
on a motion to remand held before a trial on the merits that the case so
removed is one in which a remedy by suit within the meaning of
subsection (a) of this section is not available against the United
States, the case shall be remanded to the State court except that where
such remedy is precluded because of the availability of a remedy through
proceedings for compensation or other benefits from the United States as
provided by any other law, the case shall be dismissed, but in that
event, the running of any limitation of time for commencing, or filing
an application or claim in, such proceedings for compensation or other
benefits shall be deemed to have been suspended during the pendency of
the civil action or proceeding under this section.
"(d) The Attorney General may compromise or settle any claim asserted
in such civil action or proceeding in the manner provided in section
2677 of title 28, the United States Code, and with the same effect.
"(e) For purposes of this section, the provisions of section 2680(h)
of title 28, United States Code, shall not apply to any tort enumerated
therein arising out of negligence in the furnishing of medical care or
related services, including the conducting of clinical studies or
investigations.
"(f) The Secretary may, to the extent he deems appropriate, hold
harmless or provide liability insurance for any person to whom the
immunity provisions of subsection (a) of this section apply, for damages
for personal injury, including death, negligently caused by any such
person while acting within the scope of his or her office or employment
and as a result of the furnishing of medical care or related services,
including the conducting of clinical studies or investigations, if such
person is assigned to a foreign area or detailed for service with other
than a Federal agency or institution, or if the circumstances are such
as are likely to preclude the remedies of third persons against the
United States provided by sections 1346(b) and 2672 of title 28, United
States Code, for such damage or injury.
"(g) For purposes of this section, any medical care or related
service covered by this section and performed abroad by a covered person
at the direction or with the approval of the United States chief of
mission or other principal representative of the United States in the
area shall be deemed to be within the scope of employment of the
individual performing the service.
" Sec. 31. // 22 USC 2703. // (a) The Secretary of State may
authorize and assist in the establishment, maintenance, and operation by
civilian officers and employees of the Government of
non-Government-operated services and facilities at posts abroad,
including the furnishing of space, utilities, and properties owned or
leased by the Government for use by its diplomatic, consular, and other
missions and posts abroad. The provisions of the Foreign Service
Buildings Act, 1926 (22 U.S.C. 292 - 300) and section 13 of this Act //
22 USC 2684. // may be utilized by the Secretary in providing such
assistance.
"(b) The Secretary may establish and maintain emergency commissary or
mess services in places abroad where, in the judgment of the Secretary,
such services are necessary temporarily to insure the effective and
efficient performance of official duties and responsibilities.
Reimbursements incident to the maintenance and operation of commissary
or mess service under this subsection shall be at not less than cost as
determined by the Secretary and shall be used as working funds, except
that an amount equal to the amount expended for such services shall be
covered into the Treasury as miscellaneous receipts.
"(c) Services and facilities established under this section shall be
made available, insofar as practicable, to officers and employees of all
agencies and their dependents who are stationed in the locality abroad.
Such services and facilities shall not be established in localities
where another agency operates similar services or facilities unless the
Secretary determines that additional services or facilities are
necessary. Other agencies shall to the extent practicable avoid
duplicating the facilities and services provided or assisted by the
Secretary under this section.
"(d) Charges at any post abroad for a service or facility provided,
authorized or assisted under this section shall be at the same rate for
all civilian personnel of the Government serviced thereby, and all
charges for supplies furnished to such a service or facility abroad by
any agency shall be at the same rate as that charged by the furnishing
agency to its comparable civilian services and facilities.
" Sec. 32. // 22 USC 2704. // The Secretary of State may pay,
without regard to section 5702 of title 5, United States Code,
subsistence expenses of (1) security officers of the Department of State
who are on authorized protective missions, and (2) members of the
Foreign Service and employees of the Department who are required to
spend extraordinary amounts of time in travel status.
" Sec. 33. This Act // 22 USC 2651 // may be cited as the ' State
Department Basic Authorities Act of 1956'.".
(b) Section 13(a) of such Act (22 U.S.C. 2684(a)) // 22 USC 801 // is
amended by striking out " Foreign Service Act of 1946, as amended" and
inserting in lieu thereof " Foreign Service Act of 1980".
Sec. 2202. Peace Corps Act.-(a) Section 5 of the Peace Corps Act (22
U.S.C. 2504) is amended--,
(1) in subsection (f)(1)--,
"section 852(a)(1) of
the Foreign Service Act of 1946, as amended (22
U.S.C.
1092(a)(1))," and inserting in lieu thereof
"section 816(a) of
the Foreign Service Act of 1980", and
Service
Act of 1946" and inserting in lieu thereof " Foreign
Service
Act of 1980"; and
(2) in subsection (h)--,
Service Act
of 1946"
// 22 USC 817. //
and inserting in lieu thereof "section 30 of the State
Department Basic Authorities Act of 1956", and
in
lieu thereof " President".
(b)(1) Section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)) is
amended--,
(A) in paragraph (1)--,
any
of the rates provided for persons appointed to the
Foreign
Service Reserve and Staff under the Foreign
Service Act of
1946, as amended (22 U.S.C. 801 et seq.)" and
inserting in lieu
thereof "which are not authorized to utilize the
Foreign
Service personnel system, who shall receive
compensation at
any of the rates established under section 402 or 403
of the
Foreign Service Act of 1980";
// 22 USC 928. //
appears and
all that follows and inserting in lieu thereof a
period; and
(B) by amending paragraph (2) to read as follows:
"(2) The President may utilize such authority contained in the
Foreign Service Act of 1980 // 22 USC 2071. // relating to members of
the Foreign Service and other United States Government officers and
employees as the President deems necessary to carry out functions under
this Act, except that--,
"(A) no Foreign Service appointment or assignment under this
paragraph shall be for a period of more than five years unless the
Director of the Peace Corps, under special circumstances,
personally approves an extension of not more than one year on an
individual basis; and
"(B) no individual whose Foreign Service appointment or
assignment under this paragraph has been terminated shall be
reappointed or reassigned under this paragraph before the
expiration of a period of time equal to the preceding tour of duty
of that individual.
Such provisions of the Foreign Service Act of 1980 as the President
deems appropriate shall apply to individuals appointed or assigned under
this paragraph, including in all cases, the provisions of section 310 of
that Act, except that (i) the President may by regulation make
exceptions to the application of section 310 in cases in which the
period of the appointment or assignment exceeds thirty months, (ii)
members of the Foreign Service appointed or assigned pursuant to this
paragraph shall receive within-class salary increases in accordance with
such regulations as the President may prescribe, and (iii) under such
regulations as the President may prescribe, individuals who are to
perform duties of a more routine nature than are generally performed by
members of the Foreign Service assigned to class 9 in the Foreign
Service Schedule may be appointed to an unenumerated class ranking below
class 9 in the Foreign Service Schedule and be paid basic compensation
at rates lower than those for class 9, except that such rates may be no
less than the then applicable minimum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).".
(2) Section 7(a)(4) of the Peace Corps Act (22 U.S.C. 2506(a)(4)) is
amended--,
(A) by striking out " Until" and all that follows through
"paragraph or" and inserting in lieu thereof " An individual who
has received an appointment or assignment in the Foreign Service
under this subsection may, not later than September 30, 1982, or
three years";
(B) by striking out "such person" and inserting in lieu thereof
"such individual"; and
(C) by striking out "substantially continuous basis" and
inserting in lieu thereof "continuous basis without a break in
service of more than three days".
(c) Section 13(b) of the Peace Corps Act (22 U.S.C. 2512(b)) is
amended by striking out "section 872 of the Foreign Service Act of 1946,
// 22 USC 1112. // as amended" and inserting in lieu thereof "section
824 of the Foreign Service Act of 1980,".
(d) Section 14(b) of the Peace Corps Act (22 U.S.C. 2513(b)) is
amended by striking out "section 901 of the Foreign Service Act of 1946
(22 U.S.C. 1131)" and inserting in lieu thereof "section 905 of the
Foreign Service Act of 1980".
(e) Section 15(a) of the Peace Corps Act (22 U.S.C. 2514) is amended
by striking out " Foreign Service personnel" and inserting in lieu
thereof "members of the Foreign Service".
Sec. 2203. Foreign Assistance Act.-(a) Section 625(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2385(d)) is amended to read as
follows:
"(d) For the purpose of performing functions under this Act outside
the United States, the President may employ or assign individuals, or
may authorize the employment or assignment of officers or employees by
agencies of the United States Government which are not authorized to
utilize the Foreign Service personnel system, who shall receive
compensation at any of the rates provided for under section 402 or
section 403 of the Foreign Service Act of 1980, together with allowances
and benefits under that Act. Individuals so employed or assigned shall
be entitled, except to the extent that the President may specify
otherwise in cases in which the period of employment or assignment
exceeds thirty months, to the same benefits as are provided by section
310 of that Act for individuals appointed to the Foreign Service.".
(b) Section 629(b) of such Act (22 U.S.C. 2389(b)) is amended by
striking out "section 901 of the Foreign Service Act of 1946, as amended
(22 U.S.C. 1131)" and inserting in lieu thereof "section 905 of the
Foreign Service Act of 1980".
(c) Section 631(b) of such Act (22 U.S.C. 2391(b)) is amended by
amending the second sentence to read as follows: " Such chief shall be
entitled to receive such compensation and allowances as are authorized
by the Foreign Service Act of 1980, not to exceed those authorized for a
chief of mission (as defined in section 102(a)(3) of that Act), as the
President shall determine to be appropriate.".
(d) Section 631(c) of such Act (22 U.S.C. 2391(c)) is amended by
striking out the second sentence and inserting in lieu thereof the
following: " Such person may receive such compensation and allowances
as are authorized by the Foreign Service Act of 1980, not to exceed
those authorized for a chief of mission (as defined in section 102(a)(
3) of that Act), as the President shall determine to be appropriate.
Such person (if not a United States Government employee who is assigned
to serve as Chairman) shall be deemed to be an employee of the United
States Government for purposes of chapters 81, 83, 87, and 89 of title
5, United States Code.". // 5 USC 8101 //
Sec. 2204. Arms Control and Disarmament Act.-(a) Section 42 of the
Arms Control and Disarmament Act (22 U.S.C. 2582) is amended to read as
follows:
" Sec. 42. (a) The Secretary of State may authorize the Director to
exercise, with respect to members of the Foreign Service appointed or
employed for the Agency--,
"(1) the authority available to the Secretary under the Foreign
Service Act of 1980, and
"(2) the authority available to the Secretary under any other
provisions of law pertaining specifically or applicable generally
to members of the Foreign Service.
"(b) Limited appointments of members of the Foreign Service for the
Agency may be extended or renewed, notwithstanding section 309 of the
Foreign Service Act of 1980, so long as the service of the individual
under such appointment does not exceed ten consecutive years without a
break in service of at least one year.".
(b) Section 48 of the Arms Control and Disarmament Act (22 U.S.C.
2588) is amended by striking out " Foreign Service Act of 1946, as
amended" and inserting in lieu thereof " Foreign Service Act of 1980".
// 22 USC 801 //
Sec. 2205. Repealed Provisions.-The following are repealed:
(1) The Act entitled " An Act to improve, strengthen, and
expand the Foreign Service of the United States and to consolidate
and revise the laws relating to its administration", approved
August 13, 1946, titles I through X of such Act being the Foreign
Service Act of 1946 (22 U.S.C. 801 - 810, 816, 817, 821, 826, 827,
841 - 843, 846, 861, 866 - 873, 876, 877, 881, 882, 886, 889, 890,
896, 900, 901, 902, 906 - 915, 921 - 924, 926 - 928, 936 - 939,
946, 947, 951, 961 - 966, 968, 981, 986, 987, 991 - 996, 1001 -
1009, 1016, 1017, 1021, 1022, 1026 - 1028, 1031, 1036, 1037 -
1037c, 1041 - 1048 1061 - 1065, 1071, 1076, 1076a, 1081, 1082,
1084, 1086, 1091, 1093, 1095, 1101, 1103 - 1106, 1111, 1112, 1116,
1121, 1131, 1136 - 1138a, 1139, 1148 - 1151, and 1156 - 1160).
(2) Sections 401 and 413 of the Foreign Relations Authorization
Act, Fiscal Year 1979 (92 Stat. 981, 986).
// 22 USC 811a //
(3) Section 413 of the Foreign Relations Authorization Act,
Fiscal Year 1978 (91 Stat. 857).
// 22 USC 2693. //
(4) Sections 117, 120, and 522 of the Foreign Relations
Authorization Act, Fiscal Year 1977 (90 Stat. 827, 829, 846).
// 22 USC 1063, 1229, 1229 //
(5) Section 6 of the Department of State Appropriations
Authorization Act of 1973 (87 Stat. 452).
// 22 USC 901a. //
(6) The Act
// 22 USC 922, 929 - 932, 1221 - 1234. //
entitled " An Act to promote the foreign policy of the United
States by strengthening and improving the Foreign Service
personnel system of the International Communication Agency through
establishment of a Foreign Service Information Officer Corps",
approved August 20, 1968 (22 U.S.C. 929 - 932, 1221 - 1234).
(7) Section 104(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2454(c)).
(8) Subsections (e), (g), (j), and (k) of section 625 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2385 (e), (g), (j), and
(k)).
(9) Section 7(b) of the Peace Corps Act (22 U.S.C. 2506(b)).
(10) Sections 14 and 16 of the Act entitled " An Act to provide
certain basic authority for the Department of State", approved
August 1, 1956 (22 U.S.C. 2679a, 2680a).
(11) Section 124(a)(2) of the International Development and
Food Assistance Act of 1977 (91 Stat. 542).
// 22 USC 2384 //
(12) The Act entitled " An Act to make certain increases in the
annuities of annuitants under the Foreign Service retirement and
disability system", approved May 21, 1952 (22 U.S.C. 1077, 1078).
(13) The Act entitled " An Act to make certain increases in the
annuities of annuitants under the Foreign Service retirement and
disability system", approved May 1, 1956 (22 U.S.C. 1079 - 1079f).
(14) The Act entitled " An Act to provide for adjustments in
the annuities under the Foreign Service retirement and disability
system", approved September 2, 1958 (22 U.S.C. 1079g - 1079j).
(15) The Act
// 22 USC 1079d, 1079d, 1079l. //
entitled " An Act to provide for adjustments in the annuities
under the Foreign Service retirement and disability system",
approved July 12, 1960 (22 U.S.C. 1079l).
(16) The Foreign Service Annuity Adjustment Act of 1965 (22 U.
S.C. 1079m - 1079s).
// 22 USC 801, 1076, 1079m-1079s, 1082, 1121. //
Sec. 2206. Other Conforming Amendments.-(a)(1) Section 3(b) of the
Asian Development Bank Act (22 U.S.C. 285a(b)) is amended by striking
out "a Chief of Mission, class 2, within the meaning of the Foreign
Service Act of 1946, // 22 USC 801 // as amended" and inserting in lieu
thereof "a chief of mission under the Foreign Service Act of 1980".
(2) The United Nations Participation Act of 1945 is amended--,
(A) in section 2(g) (22 U.S.C. 287(g)) by striking out
"sections 411 and 412 of the Foreign Service Act of 1946
// 22 USC 866, 867. //
(Public Law 724, Seventy-ninth Congress) for chiefs of mission"
and inserting in lieu thereof "sections 401, 402, and 403 of the
Foreign Service Act of 1980 for chiefs of mission, members of the
Senior Foreign Service,"; and
(B) in section 8 (22 U.S.C. 287e) by striking out "section
901(3) of the Foreign Service Act of 1946 (Public Law 724,
Seventy-ninth Congress)"
// 22 USC 1131. //
and inserting in lieu thereof "section 905 of the Foreign Service
Act of 1980".
(3) Section 2 of the joint resolution entitled " Joint Resolution
providing for membership and participation by the United States in the
United Nations Educational, Scientific, and Cultural Organization, and
authorizing an appropriation therefor", approved July 30, 1946 (22 U.S.
C. 287n), is amended by striking out " Foreign Service officers in the
schedule contained in section 412 of the Foreign Service Act of 1946, //
22 USC 867. // as amended," and inserting in lieu thereof "members of
the Senior Foreign Service under section 402 of the Foreign Service Act
of 1980, or provided for Foreign Service officers under section 403 of
that Act,".
(4) Section 2 of the joint resolution entitled " Joint Resolution
providing for membership and participation by the United States in the
World Health Organization and authorizing an appropriation therefor",
approved June 14, 1948 (22 U.S.C. 290a), is amended by striking out
"provided by section 412 of the Foreign Service Act of 1946, // 22 USC
867. // as amended," and inserting in lieu thereof "established under
section 402 or 403 of the Foreign Service Act of 1980".
(5) Section 203(b) of the African Development Fund Act (22 U.S.C.
290g - 1(b)) is amended by striking out "a Chief of Mission, class 2,
within the meaning of the Foreign Service Act of 1946, // 22 USC 801 //
as amended" and inserting in lieu thereof "a chief of mission under the
Foreign Service Act of 1980".
(6) Section 408 of the Mutual Security Act of 1954 (22 U.S.C. 1928)
is amended--,
(A) in subsection (a) by striking out " Foreign Service Act of
1946, as amended (22 U.S.C. 801)," and inserting in lieu thereof "
Foreign Service Act of 1980";
(B) in subsection (b) by striking out "chief of mission, class
1, within the meaning of the Foreign Service Act of 1946, as
amended (22 U.S.C. 801)" and inserting in lieu thereof "chief of
mission under the Foreign Service Act of 1980"; and
(C) in subsection (c) by striking out "section 529 of this Act
// 22 USC 1789. //
who are appointed as Foreign Service Reserve officers may serve
for periods of more than five years notwithstanding the limitation
in section 522 of the Foreign Service Act of 1946, as amended (22
U.S.C. 922)" and inserting in lieu thereof "section 628 of the
Foreign Assistance Act of 1961
// 22 USC 2388. //
who are members of the Foreign Service serving under limited
appointments may serve for periods of more than five years
notwithstanding the limitation in section 309 of the Foreign
Service Act of 1980".
(7) The International Atomic Energy Agency Participation Act of 1957
is amended--,
(A) in section 2(d) (22 U.S.C. 2021(d))--,
and
412 of the Foreign Service Act of 1946, as
amended (22 U.S.C.
866, 867), for Chiefs of Mission" and inserting in
lieu thereof
"sections 401, 402, and 403 of the Foreign Service
Act of 1980
for chiefs of mission, members of the Senior Foreign
Service,",
and
Foreign
Service Act of 1980 by chiefs of mission, members of
the
Senior Foreign Service,"; and
(B) in section 5 (22 U.S.C. 2024)--,
// 22 USC 801 //
as
amended," and inserting in lieu thereof " Foreign
Service
Act of 1980", and
amended;"
and inserting in lieu thereof " Foreign Service Act
of 1980;".
(8) Section 704(b) of the Center for Cultural and Technical
Interchange Between East and West Act of 1960 (22 U.S.C. 2056(b)) is
amended by striking out "title X, part C of the Foreign Service Act of
1946, // 22 USC 809. // as amended" and inserting in lieu thereof
"section 25 of the State Department Basic Authorities Act of 1956".
(9) Section 104(d) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2454(d)) // 22 USC 928. // is amended by
striking out "section 528" and all that follows through "such persons"
and inserting in lieu thereof "section 310 of the Foreign Service Act of
1980 for individuals appointed to the Foreign Service".
(10) Section 5(a) of the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2605(a)) is amended--,
(A) in paragraph (1) by striking out " Foreign Service
personnel" and inserting in lieu thereof "members of the Foreign
Service";
(B) in paragraph (2) by striking out " Foreign Service Reserve
officers" and inserting in lieu thereof "members of the Foreign
Service serving under limited appointments"; and
(C) in paragraph (4) by striking out " Foreign Service Act of
1946, as amended (22 U.S.C. 801 et seq.)" and inserting in lieu
thereof " Foreign Service Act of 1980".
(11) Section 403(c) of the International Development Cooperation Act
of 1979 (22 U.S.C. 3503(c)) is amended by striking out " Foreign Service
Act of 1946" and inserting in lieu thereof " Foreign Service Act of
1980".
(b)(1) Section 605 A(h) of the Act entitled " An Act to provide for
greater stability in agriculture; to augment the marketing and disposal
of agricultural products; and for other purposes", approved August 28,
1954 (7 U.S.C. 1765a(h)), is amended by striking out " Foreign Service
personnel" and inserting in lieu thereof "members of the Foreign
Service".
(2) Section 606 D of such Act (7 U.S.C. 1766c) is amended by striking
out "title IX of the Foreign Service Act of 1946" // 22 USC 1131. //
and inserting in lieu thereof "chapter 9 of title I of the Foreign
Service Act of 1980".
(c)(1) Section 2002(a) of title 10, United States Code, is amended--,
(A) in the text preceding paragraph (1) by striking out
"section 1041 of title 22" and inserting in lieu thereof "section
701(b) of the Foreign Service Act of 1980"; and
(B) in paragraph (2) by striking out "section 1041 of title 22"
and inserting in lieu thereof "section 701(a) of the Foreign
Service Act of 1980".
(d) Section 8(a)(1) of the Defense Department Overseas Teachers Pay
and Personnel Practices Act (20 U.S.C. 906(a)(1)) is amended by striking
out "section 901(2) of the Foreign Service Act of 1946 (22 U. S.C.
1131(2))" and inserting in lieu thereof "section 5924 of title 5, United
States Code".
(e)(1) Section 104(a)(4) of the Internal Revenue Code of 1954 (26 U.
S.C. 104(a)(4)) is amended by striking out "section 831 of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1081)" and inserting in lieu
thereof "section 808 of the Foreign Service Act of 1980".
(2) Section 170(i) of the Internal Revenue Code of 1954 (26 U.S.C.
170(i)) is amended by amending paragraph (6) to read as follows:
"(6) For treatment of gifts accepted by the Secretary of State,
the Director of the International Communication Agency, or the
Director of the United States International Development
Cooperation Agency, as gifts to or for the use of the United
States, see section 25 of the State Department Basic Authorities
Act of 1956.".
(3) Section 912(1)(A) of the Internal Revenue Code of 1954 (26 U.S.
C. 912(1)(A)) is amended to read as follows:
"(A) chapter 9 of title I of the Foreign Service Act of 1980,".
(4) Section 2055(f)(5) of the Internal Revenue Code of 1954 (26 U.S.
C. 2055(f)(5)) is amended to read as follows:
"(5) For treatment of gifts, devises, or bequests accepted by
the Secretary of State, the Director of the International
Communication Agency, or the Director of the United States
International Development Cooperation Agency as gifts, devises, or
bequests to or for the use of the United States, see section 25 of
the State Department Basic Authorities Act of 1956.".
(f) Section 10(d) of the Gold Reserve Act of 1934 (31 U.S.C. 822a(
d)) // 22 USC 1131. // is amended by striking out "title IX of the
Foreign Service Act of 1946, as amended" and inserting in lieu thereof
"chapter 9 of title I of the Foreign Service Act of 1980".
(g) Section 235 of title 38, United States Code, is amended--,
(1) in paragraph (1) by striking out " Section 1131 of title
22" and inserting in lieu thereof " Section 905 of the Foreign
Service Act of 1980";
(2) in paragraph (2) by striking out " Section 1136 (1), (2),
(3), (4), (5), (7), and (11) of title 22" and inserting in lieu
thereof " Sections 901 (1), (2), (3), (4), (7), (8), (9), (11),
and (12) of the Foreign Service Act of 1980";
(3) in paragraph (3) by striking out " Section 1138 of title
22" and inserting in lieu thereof " Section 901(13) of the Foreign
Service Act of 1980";
(4) in paragraph (4) by striking out " Section 1148 of title
22" and inserting in lieu thereof " Section 903 of the Foreign
Service Act of 1980"; and
(5) in paragraph (5) by striking out " Section 1156 of title
22" and inserting in lieu thereof " Section 904(d) of the Foreign
Service Act of 1980".
(h) Section 415(c) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5055(c)) is amended--,
(1) in paragraph (1) by striking out "section 852(a)(1) of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1092(a)(1)),
and every other" and inserting in lieu thereof "any"; and
(2) in paragraph (2) by striking out " Foreign Service Act of
1946" and inserting in lieu thereof " Foreign Service Act of
1980".
// 22 USC 801 //
Sec. 2207. // 22 USC 4171. // Model Foreign Language Competence
Posts.-(a) In order to carry out the purposes of section 702 and to help
ascertain the relationship between foreign language competence and the
effectiveness of representation of the United States abroad, the
Secretary of State shall designate as model foreign language competence
posts at least two Foreign Service posts in countries where English is
not the common language. Such designation shall be made no later than
October 1, 1981, and shall be implemented so that no later than October
1, 1983, each Government employee permanently assigned to those posts
shall possess an appropriate level of competence in the language common
to the country where the post is located. The Secretary of State shall
determine appropriate levels of language competence for employees
assigned to those posts by reference to the nature of their functions
and the standards employed by the Foreign Service Institute.
(b) The posts designated under subsection (a) shall continue as model
foreign language competence posts at least until September 30, 1985, The
Secretary of State shall submit no later than January 31, 1986, a report
to the Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate describing the operation of such posts
and the costs, advantages and disadvantages associated with meeting the
foreign language competence requirements of this section.
(c) The Secretary of State may authorize exceptions to the
requirements of this section if he determines that unanticipated
exigencies so require. Such exceptions shall be annually reported to
the Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate.
Sec. 2301. Reemployment Rights.-(a) Chapter 35 of title 5, United
States Code, is amended by adding at the end thereof the following new
subchapter:
" Section 3597. // 5 USC 3597. // Reemployment following limited
appointment in the Foreign Service
" An employee of any agency who accepts, with the consent of the head
of that agency, a limited appointment in the Foreign Service under
section 309 of the Foreign Service Act of 1980 is entitled, upon the
expiration of that appointment, to be reemployed in that employee's
former position or in a corresponding or higher position in that agency.
Upon reemployment under this section, an employee shall be entitled to
any within-grade increases in pay which the employee would have received
if the employee had remained in the former position in the agency.".
(b) The analysis for chapter 35 of title 5, United States Code, is
amended by adding at the end thereof the following:
APPOINTMENT
IN THE FOREIGN SERVICE
"3597. Reemployment following limited appointment in the Foreign
Service.".
Sec. 2302. Salary for Ambassadors at Large.-Section 5313 of title 5,
United States Code, is amended by adding the following at the end
thereof:
" Ambassadors at Large.".
Sec. 2303. Advances of Pay Incident to Departures From Posts
Abroad.-(a) Section 5522(a) of title 5, United States Code, is
amended--,
(1) by striking out "evacuation" and inserting in lieu thereof
"departure"; and
(2) by striking out "is ordered for military or other reasons
which create imminent danger to the life or lives of the employee
or of his dependents or immediate family" and inserting in lieu
thereof "is officially authorized or ordered--,
"(1) from a place outside the United States from which the
Secretary of State determines it is in the national interest to
require the departure of some or all employees, their dependents,
or both; or
"(2) from any place where there is imminent danger to the life
of the employee or the lives of the dependents or immediate family
of the employee".
(b) Section 5522(b) of title 5, United States Code, is amended by
striking out "evacuation" and inserting in lieu thereof "departure".
(c) Section 5523(a)(1) of title 5, United States Code, is amended--,
(1) by amending subparagraph (A) to read as follows:
(2) in subparagraph (B) by striking out "evacuation" and
inserting in lieu thereof "departure".
(d) Section 5523(b) of title 5, United States Code, is amended by
striking out "evacuation" both places it appears and inserting in lieu
thereof "departure".
(e) Section 405a(a) of title 37, United States Code, is amended by
striking out "evacuated" and "evacuation" wherever they appear and
inserting in lieu thereof "to depart" and "departure", respectively.
Sec. 2304. Premium Pay.-Paragraph (2) of section 5541 of title 5,
United States Code, is amended by striking out clauses (xiv) and (xv)
and inserting in lieu thereof the following:
"(xiv) a Foreign Service officer;
"(xv) a member of the Senior Foreign Service; or".
Sec. 2305. Severance Pay.-Section 5595(a)(2)(vi) of title 5, United
States Code, is amended by inserting after "to receive" the following:
"benefits under section 609(b)(1) of the Foreign Service Act of 1980 or
any".
Sec. 2306. Attorneys Fees in Backpay Cases.-Section 5596(b) of title
5, United States Code, is amended--,
(1) in paragraph (1)(A)(ii) by inserting "or under chapter 11
of title I of the Foreign Service Act of 1980," immediately after
chapter 71 of this title,";
// 5 USC 7101 //
and
(2) in paragraph (3)--,
Foreign
Service Act of 1980"
// 5 USC 7103. //
immediately after "section 7103 of this
title"; and
Service Act of
1980" immediately after "section 7116 of this title".
Sec. 2307. // 5 USC 7116. // Separate Maintenance Allowance.-
Section 5924(3) of title 5, United States Code, is amended--,
(1) by inserting "or authorized" immediately after "compelled";
and
(2) by inserting "or who requests such an allowance because of
special needs or hardship involving the employee or the employee's
spouse or dependents," immediately after "for the convenience of
the Government,".
Sec. 2308. Education Allowance.-Section 5924(4)(B) of title 5,
United States Code, is amended by striking out "(i)" and all that
follows through "each type of education" and inserting in lieu thereof
"one annual trip each way for each dependent".
Sec. 2309. Posts Requiring Special Incentives.-Section 5925 of title
5, United States Code, is amended--,
(1) by striking out " A post" in the first sentence and
inserting in lieu thereof "(a) A post";
(2) by inserting "under this subsection" immediately after
"differential" in the last sentence; and
(3) by adding at the end thereof the following new subsection:
"(b) Any employee granted a differential under subsection (a) of this
section may be granted an additional differential for an assignment to a
post determined to have especially adverse conditions of environment
which warrant additional pay as a recruitment and retention incentive
for the filling of positions at that post. An additional differential
for any employee under this subsection--,
"(1) may be paid for each assignment to a post determined to
have such conditions;
"(2) may be paid periodically or in a lump sum; and
"(3) may not exceed 15 percent of the rate of basic pay of that
employee for the period served under that assignment.".
Sec. 2310. Advances of Pay.-(a) Subchapter III of chapter 59 of
title 5, United States Code, is amended by adding at the end thereof the
following new section:
" Section 5927. // 5 USC 5927. // Advances of pay
" Up to three months' pay may be paid in advance to an employee upon
the assignment of the employee to a post in a foreign area.".
(b) The analysis of chapter 59 of title 5, United States Code, is
amended by inserting after the item relating to section 5926 the
following:
"5927. Advances of pay.".
Sec. 2311. Danger Pay Allowance.-(a) Subchapter III of chapter 59 of
title 5, United States Code, as amended by section 2310(a), is further
amended by adding at the end thereof the following new section:
" Section 5928. // 5 USC 5928. // Danger pay allowance
" An employee serving in a foreign area may be granted a danger pay
allowance on the basis of civil insurrection, civil war, terrorism, or
wartime conditions which threaten physical harm or imminent danger to
the health or well-being of the employee. A danger pay allowance may
not exceed 25 percent of the basic pay of the employee, except that if
an employee is granted an additional differential under section 5925(b)
of this title with respect to an assignment, the sum of that allowance
differential and any danger pay allowance granted to the employee with
respect to that assignment may not exceed 25 percent of the basic pay of
the employee.".
(b) The analysis for chapter 59 of title 5, United States Code, as
amended by section 2310(b), is further amended by inserting after the
item relating to section 5927 the following:
"5928. Danger pay allowance.".
Sec. 2312. Leave.-(a) Section 6301 of title 5, United States Code,
is amended by adding at the end thereof the following new sentence: "
Notwithstanding clauses (x)-(xii) of paragraph (2), the term 'employee'
includes any member of the Senior Foreign Service or any Foreign Service
officer (other than a member or officer serving as chief of mission or
in a position which requires appointment by and with the advice and
consent of the Senate) and any member of the Foreign Service
commissioned as a diplomatic or consular officer, or both, under section
312 of the Foreign Service Act of 1980.".
(b) Section 6304 of title 5, United States Code, is amended--,
(1) in subsection (a) by striking out "and (f)" and inserting
in lieu thereof "(f), and (g)"; and
(2) by adding at the end thereof the following new subsection:
"(g) Annual leave accrued by a member of the Senior Foreign Service
shall not be subject to the limitation on accumulation otherwise imposed
by this section.".
(c) Section 6305(a) of title 5, United States Code, is amended by
inserting immediately after " States" in the first sentence "(or after a
shorter period of such service if the employee's assignment is
terminated for the convenience of the Government)".
Sec. 2313. Retirement Credit for Imprisoned Foreign Nationals and
for Service With Certain Overseas Broadcasting Organizations.--, (a)
Section 8332(b) of title 5, United States Code, is amended by striking
out "and" at the end of paragraph (8), by striking out the period at the
end of paragraph (9) and inserting in lieu thereof a semicolon, and by
inserting immediately after paragraph (9) the following new paragraphs:
"(10) periods of imprisonment of a foreign national for which
compensation is provided under section 410 of the Foreign Service
Act of 1980, if the individual (A) was subject to this subchapter
during employment with the Government last preceding imprisonment,
or (B) is qualified for an annuity under this subchapter on the
basis of other service of the individual; and
"(11) subject to sections 8334(c) and 8339(i) of this title,
// 5 USC 8334, 8339. //
service in any capacity of at least 130 days (or its equivalent)
per calendar year performed after July 1, 1946, for the National
Committee for a Free Europe; Free Europe Committee, Incorporated;
Free Europe, Incorporated; Radio Liberation Committee; Radio
Liberty Committee; subdivisions of any of those organizations;
Radio Free Europe/ Radio Liberty, Incorporated, Radio Free Asia;
the Asia Foundation; or the Armed Forces Network, Europe (AFN-E),
but only if such service is not credited for benefits under any
other retirement system which is established for such entities and
funded in whole or in part by the Government and only if the
individual later becomes subject to this subchapter.".
(b) Such section 8332(b) is further amended by adding at the end
thereof the following new sentence: " The Office of Personnel
Management shall accept the certification of the Executive Director of
the Board for International Broadcasting concerning services for the
purposes of this subchapter of the type described in paragraph (11) of
this subsection.".
Sec. 2314. Conforming Amendments to Title 5.-(a) Section 3323(c) of
title 5, United States Code, is amended by striking out " Foreign
Service officer retired under section 1001 or 1002 of title 22 or a
Foreign Service staff officer or employee retired under section 1063 of
title 22" and inserting in lieu thereof "member of the Foreign Service
retired under section 812 of the Foreign Service Act of 1980".
(b) Section 5102(c)(2) of title 5, United States Code, is amended by
striking out "employees in the Foreign Service of the United States
whose pay is fixed under chapter 14 of title 22" and insert in lieu
thereof "members of the Foreign Service whose pay is fixed under the
Foreign Service Act of 1980".
(c)(1) Section 5301(c)(2) of title 5, United States Code, is amended
by striking out "subchapter IV of chapter 14 of title 22" and inserting
in lieu thereof "section 403 of the Foreign Service Act of 1980".
(2) Section 5303(a)(4) of title 5, United States Code, is amended by
striking out "sections 867 and 870 of title 22" and inserting in lieu
thereof "section 403 of the Foreign Service Act of 1980".
(3) Section 5304 of title 5, United States Code, is amended by
striking out "chapter 14 of title 22" and inserting in lieu thereof "the
Foreign Service Act of 1980".
(d) Section 5724(g) of title 5, United States Code, is amended by
striking out "chapter 14 of title 22" and inserting in lieu thereof "the
Foreign Service Act of 1980".
(e) Section 5727(e)(2) of title 5, United States Code, is amended to
read as follows:
"(2) This section, except subsection (a), does not affect section
403e(4) of title 50.".
(f)(1) Section 6301(2)(xii) of title 5, United States Code, is
amended by striking out "an officer who receives pay under section 866
of title 22" and inserting in lieu thereof "a chief of mission (as
defined in section 102(a)(3) of the Foreign Service Act of 1980)".
(2) Section 6305(b) of title 5, United States Code, is amended by
striking out "an officer" and inserting in lieu thereof "a chief of
mission".
(g) Section 7103(a)(2)(iv) of title 5, United States Code, is amended
by striking out "the Agency for International Development, or" and
inserting before the semicolon ", the United States International
Development Cooperation Agency, the Department of Agriculture, or the
Department of Commerce".
(h) Section 8501(1)(C) of title 5, United States Code, is amended by
striking out " Foreign Service personnel for whom special separation
allowances are provided under chapter 14 of title 22" and inserting in
lieu thereof "members of the Foreign Service for whom payments are
provided under section 609(b)(1) of the Foreign Service Act of 1980".
and
Effective Date
Sec. 2401. // 22 USC 4172. // Saving Provisions.-(a) All
determinations, authorizations, regulations, orders, agreements,
exclusive recognition of an organization or other actions made, issued,
undertaken, entered into, or taken under the authority of the Foreign
Service Act of 1946 // 22 USC 801 // or any other law repealed,
modified, or affected by this Act shall continue in full force and
effect until modified, revoked, or superseded by appropriate authority.
Any grievances, claims, or appeals which were filed or made under any
such law and are pending resolution on the effective date of this Act
shall continue to be governed by the provisions repealed, modified, or
affected by this Act.
(b) This Act shall not affect any increase in annuity or other right
to benefits, which was provided by any provision amended or repealed by
this Act, with respect to any individual who became entitled to such
benefit prior to the effective date of this Act.
(c) References in law to provisions of the Foreign Service Act of
1946 or other law superseded by this Act shall be deemed to include
reference to the corresponding provisions of this Act.
Sec. 2402. // 22 USC 4173. // Congressional Oversight of
Implementation.-(a) Not later than February 1, 1982, the Secretary of
State shall submit to the Speaker of the House of Representatives and to
the Committee on Foreign Relations of the Senate a report describing the
implementation of this Act during the fiscal year 1981 by the agencies
utilizing the Foreign Service personnel system. Such report shall--,
(1) describe the steps taken and planned in furtherance of (A)
maximum compatibility among such agencies, as provided for in
section 203, and (B) the development of uniform policies and
procedures and consolidated personnel functions, as provided for
in section 204;
(2) indicate the progress made by each such agency in the
conversion of personnel and position classifications in accordance
with chapter 1 of this title;
(3) specify the upper and lower limits planned by each such
agency for recruitment, advancement, and retention of members of
the Service, as provided for in section 601(c)(2), including with
respect to each of the relevant promotion competition groups the
projected ranges of rates of appointment, promotion, and attrition
over each of the five fiscal years 1981 through 1985; and
(4) specify the numbers of members of the Service who are
assigned to positions classified under section 501 which are more
than one grade higher or lower than the personal rank of the
member (except that the names and grades of such members shall be
transmitted to the Congress in a confidential manner to assure
privacy and to safeguard national security).
(b) Beginning in 1982, the Secretary of State shall submit each year
to the Speaker of the House of Representatives and to the Committee on
Foreign Relations of the Senate a supplemental report containing--,
(1) a description of any relevant developments with respect to
the matters reported on under paragraphs (1) and (2) of subsection
(a);
(2) with respect to paragraph (3) of such subsection, a revised
projection of the ranges of rates of appointment, promotion, and
attrition over each of the next five years, as well as a
comparison of such projections with the projections for the
preceding year and with actual rates of appointment, promotion,
and attrition, including a full explanation of any deviations from
projections reported in the preceding year; and
(3) the information specified in paragraph (4) of such
subsection.
(c) The Secretary shall consult, in accordance with the procedures
set out in section 1013(g), with the exclusive representative (if any)
of members of the Foreign Service in each agency specified in section
1003(a) with respect to steps to be taken in implementing this Act and
reported under this section. To that end, each such exclusive
representative will have timely access to all relevant information at
each stage. Each such report shall include the views of each such
exclusive representative on any and all aspects of the report and the
information contained in such report.
Sec. 2403. // 22 USC 3901 // Effective Date.-(a) Except as otherwise
provided, this Act shall take effect on February 15, 1981.
(b) Personnel actions may be taken on and after the effective date of
this Act on the basis of any then current Foreign Service evaluation
cycle as if this Act had been in effect at the beginning of that cycle.
(c) Appointments to the Senior Foreign Service by the Secretary of
Commerce shall be excluded in the calculation and application of the
limitation in section 305(b) until October 1, 1985. Prior to that date,
the number of members serving in the Senior Foreign Service under
limited appointments by the Secretary of Commerce may not exceed 10 at
any one time (excluding individuals with reemployment rights under
section 310 as career appointees in the Senior Executive Service).
(d)(1) Section 812 of this Act, // 22 USC 1001, // and the repeal of
sections 631 and 632 of the Foreign Service Act of 1946 and section
625(k) of the Foreign Assistance Act of 1961, shall be effective as of
the date of enactment of this Act.
(2) For purposes of implementing section 2101, sections 402(a) and
403 shall be effective as of the date of enactment of this Act.
(e)(1) The provisions of chapter 8 of title I regarding the rights of
former spouses to any annuity under section 814(a) shall apply in the
case of any individual who after the effective date of this Act becomes
a former spouse of an individual who separates from the Service after
such date.
(2) Except to the extent provided in section 2109, the provisions of
such chapter regarding the rights of former spouses to receive survivor
annuities under chapter 8 shall apply in the case of any individual who
after the effective date of this Act becomes a former spouse of a
participant or former participant in the Foreign Service Retirement and
Disability System.
Approved October 17, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 992, Pt. 1 (Comm. on Foreign Affairs), No.
96 - 992, Pt. 2
(Comm. on Post Office and Civil Service), and No. 96 - 1432
(Comm. of Conference).
SENATE REPORT No. 96 - 913 accompanying S. 3058 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 8, considered and passed House.
Sept. 10, 11, 15, S. 3058 considered in Senate; H.R. 6790,
amended, passed in lieu.
Sept. 30, Senate agreed to conference report.
Oct. 1, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 43:
Oct. 17, Presidential statement.
PUBLIC LAW 96-464, 94 STAT. 2060, COASTAL MANAGEMENT IMPROVEMENT ACT
OF 1980.
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 16 USC
1451 // may be cited as the " Coastal Zone Management Improvement Act of
1980".
SEC. 2. AMENDMENT TO CONGRESSIONAL FINDINGS.
Section 302 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1451) is amended--,
(1) by inserting immediately after subsection (e) the
following:
"(f) New and expanding demands for food, energy, minerals, defense
needs, recreation, waste disposal, transportation, and industrial
activities in the Great Lakes, territorial sea, and Outer Continental
Shelf are placing stress on these areas and are creating the need for
resolution of serious conflicts among important and competing uses and
values in coastal and ocean waters;"; and
(2) by redesignating subsections (f), (g), (h), and (i) as
subsections (g), (h), (i), and (j), respectively.
SEC. 3. AMENDMENT TO DECLARATION OF POLICY.
Section 303 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1452) is amended to read as follows:
" Sec. 303. The Congress finds and declares that it is the national
policy--,
"(1) to preserve, protect, develop, and where possible, to
restore or enhance, the resources of the Nation's coastal zone for
this and succeeding generations;
"(2) to encourage and assist the states to exercise effectively
their responsibilities in the coastal zone through the development
and implementation of management programs to achieve wise use of
the land and water resources of the coastal zone, giving full
consideration to ecological, cultural, historic, and esthetic
values as well as to needs for economic development, which
programs should at least provide for--,
wetlands,
floodplains, estuaries, beaches, dunes, barrier islands,
coral reefs, and fish and wildlife and their habitat,
within
the coastal zone,
development
in flood-prone, storm surge, geological hazard, and
erosion--,
prone areas and in areas of subsidence and saltwater
intrusion,
and by the destruction of natural protective features
such as beaches, dunes, wetlands, and barrier islands.
coastal-dependent
uses and orderly processes for siting major facilities
related to national defense, energy, fisheries
development,
recreation, ports and transportation, and the location,
to the
maximum extent practicable, of new commercial and
industrial
developments in or adjacent to areas where such
development already exists,
and
restoration of historic, cultural, and esthetic coastal
features,
for
the management of coastal resources,
affected
Federal agencies,
and
opportunities for public and local government
participation
in, coastal management decisionmaking, and
conservation,
and management for living marine resources,
including planning for the siting of pollution control
and
aquaculture facilities within the coastal zone, and
improved
coordination between State and Federal coastal zone
management
agencies and State and wildlife agencies; and
"(3) to encourage the preparation of special area management
plans which provide for increased specificity in protecting
significant natural resources, reasonable coastal-dependent
economic growth, improved protection of life and property in
hazardous areas, and improved predictability in govermental
decisionmaking; and
"(4) to encourage the participation and cooperation of the
public, state and local governments, and interstate and other
regional agencies, as well as of the Federal agencies having
programs affecting the coastal zone, in carrying out the purposes
of this title.".
SEC. 4. DEFINITIONS.
Section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453) is amended--,
(1) by redesignating paragraphs (2) through (16) as paragraphs
(3) through (17), respectively;
(2) by inserting immediately after paragraph (1) the following
new paragraph:
"(2) the term 'coastal resource of national significance' means
any coastal wetland, beach, dune, barrier island, reef, estuary,
or fish and wildlife habitat, if any such area is determined by a
coastal state to be of substantial biological or natural storm
protective value.";
(3) by striking out " Guam," in paragraph (4) (as redesignated
by paragraph (1) of this section) and inserting in lieu thereof "
Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territories of the Pacific Islands,";
(4) by inserting immediately after paragraph (16) (as
redesignated by paragraph (1) of this section) the following new
paragraph:
"(17) The term 'special area management plan' means a comprehensive
plan providing for natural resource protection and reasonable
coastal-dependent economic growth containing a detailed and
comprehensive statement of policies; standards and criteria to guide
public and private uses of lands and waters; and mechanisms for timely
implementation in specific geographic areas within the coastal zone.";
and
(5) by redesignating paragraph (17) (as redesignated by
paragraph (1) of this section) as paragraph (18).
SEC. 5. ADMINISTRATIVE GRANTS.
(a) Section 306 of the Coastal Zone Management Act of 1972 (16 U.S.
C. 1455) is amended--,
(1) by amending subsection (a) to read as follows:
"(a) The Secretary may make grants to any coastal state for not more
than 80 per centum of the costs of administering such state's management
program if the Secretary--,
"(1) finds that such program meets the requirements of section
305(b);
// 16 USC 1454. //
"(2) approves such program in accordance with subsections (c),
(d), and (e); and
"(3) finds, if such program has been administered with
financial assistance under this section for at least one year,
that the coastal state will expend as increasing proportion of
each grant received under this section (but not more than 30 per
centum of the grant unless the state chooses to expend a higher
percentage) on activities that will result in significant
improvement being made in achieving the coastal management
objectives specified in section 303(2) (A) through (I).
For purposes of this subsection, the costs of administering a management
program includes costs incurred in the carrying out, in a manner
consistent with the procedures and processes specified therein, of
projects and other activities (other than those of a kind referred to in
clauses (A), (B), or (C) of section 306 A(c)(2)) that are necessary or
appropriate to the implementation of the management program.";
(2) by striking out the first proviso to subsection (b) and by
striking out "further" in the second proviso to such subsection;
and
(3) by adding at the end thereof the following new subsection:
"(i) The coastal states are encouraged to provide in their management
programs for--,
"(A) the inventory and designation of areas that contain one or
more coastal resources of national significance; and
"(B) specific and enforceable standards to protect such
resources.
If the Secretary determines that a coastal state has failed to make
satisfactory progress in the activities described in this subsection by
September 30, 1984, the Secretary shall not make any grants to such
state provided under section 306 A after such date.".
(b) The amendments made by subsection (a) (1) and (2) of this section
// 16 USC 1455 // apply with respect to grants made after September 30,
1980, under section 306 of the Coastal Zone Management Act of 1972 and,
within two hundred and seventy days after such date, the Secretary of
Commerce shall issue regulations relating to the administration of
subsection (a) of such section 306 (as so amended by such subsection
(a)(1)).
SEC. 6. COASTAL RESOURCE IMPROVEMENT PROGRAM.
The Coastal Zone Management Act of 1972 is further amended by adding
immediately after section 306 the following new section:
" Sec. 306 A. (a) For purposes of this section--, // 16 USC 1455a.
//
"(1) The term 'eligible coastal state' means a coastal state
that for any fiscal year for which a grant is applied for under
this section--,
satisfactory
progress in activities designed to result in significant
improvement in achieving the coastal management
objectives
specified in section 303(2) (A) through (I).
"(2) The term 'urban waterfront and port' means any developed
area that is densely populated and is being used for, or has been
used for, urban residential recreational, commercial, shipping or
industrial purposes.
"(b) The Secretary may make grants to any eligible coastal state to
assist that state in meeting one or more of the following objectives:
"(1) The preservation or restoration of specific areas of the
state that (A) are designated under the management program
procedures required by section 306(c)(9)
// 16 USC 1455. //
because of their conservation recreational, ecological, or
esthetic values, or (B) contain one or more coastal resources of
national significance.
"(2) The redevelopment of deteriorating and underutilized urban
waterfronts and ports that are designated under section 305(b)(3)
// 16 USC 1454. //
in the state's management program as areas of particular concern.
"(3) The provision of access of public beaches and other public
coastal areas and to coastal waters in accordance with the
planning process required under section 305(b)(7).
"(c)(1) Each grant made by the Secretary under this section shall be
subject to such terms and conditions as may be appropriate to ensure
that the grant is used for purposes consistent with this section.
"(2) Grants made under this section may be used for--,
"(A) the acquisition of fee simple and other interests in land;
"(B) low-cost construction projects determined by the Secretary
to be consistent with the purposes of this section, including but
not limited to, paths, walkways, fences, parks, and the
rehabilitation of historic buildings and structures; except that
not more than 50 per centum of any grant made under this section
may be used for such construction projects;
"(C) in the case of grants made for objectives described in
subsection (b)(2)--,
measures
including the installation or rehabilitation of
bulkheads for
the purpose of public safety or increasing public
access and
use, and
but activities provided for under this paragraph shall not by
treated as construction projects subject to the limitations in
paragraph (B);
"(D) engineering designs, specifications, and other appropriate
reports; and
"(E) educational, interpretive, and management costs and such
other related costs as the Secretary determines to be consistent
with the purposes of this section.
"(d)(1) No grant made under this section may exceed an amount equal
to 80 per centum of the cost of carrying out the purpose or project for
which it was awarded.
"(2) Grants provided under this section may be used to pay a coastal
state's share of costs required under any other Federal program that is
consistent with the purposes of this section.
"(3) The total amount of grants made under this section to any
eligible coastal state for any fiscal year may not exceed an amount
equal to 10 per centum of the total amount appropriated to carry out
this section for such fiscal year.
"(e) With the approval of the Secretary, an eligible coastal state
may allocate to a local government, an areawide agency designated under
section 204 of the Demonstration Cities and Metropolitan Development Act
of 1966, // 42 USC 3334. // a rregional agency, or an interstate
agency, a portion of any grant made under this section for the purpose
of carrying out this section; except that such an allocation shall not
relieve that state of the responsibility for ensuring that any funds so
allocated are applied in furtherance of the state's approved management
program.
"(f) In addition to providing grants under this section, the
Secretary shall assist eligible coastal states and their local
governments in identifying and obtaining other sources of available
Federal technical and financial assistance regarding the objectives of
this section.".
SEC. 7. COASTAL ENERGY IMPACT PROGRAM.
Section 308 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a) is amended--,
(1) by adding after subsection (c)(2), the following new
paragraph:
"(3)(A) The Secretary shall make grants to any coastal state to
enable such state to prevent, reduce, or ameliorate any unavoidable loss
in such state's coastal zone of any valuable environmental or
recreational resource, if such loss results from the transportation,
transfer, or storage of coal or from alternative ocean energy
activities.
"(B) Such grants shall be allocated to any such state based on rules
and regulations promulgated by the Secretary which shall take into
account the number of coal or alternative ocean energy facilities, the
nature of their impacts, and such other relevant factors deemed
appropriate by the Secretary.", and
(2) by striking out subsection (d)(4).
SEC. 8. INTERSTATE COASTAL ZONE MANAGEMENT COORDINATION.
Section 309 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456b) is amended to read as follows:
" Sec. 309. (a) The coastal States are encouraged to give high
priority--,
"(1) to coordinating State coastal zone planning, policies, and
programs with respect to contiguous areas of such States;
"(2) to studying, planning, and implementing unified coastal
zone policies with respect to such areas; and
"(3) to establishing an effective mechanism, and adopting a
Federal-State consultation procedure, for the identification,
examination, and cooperative resolution of mutual problems with
respect to the marine and coastal areas which affect, directly or
indirectly, the applicable coastal zone.
The coastal zone activities described in paragraphs (1), (2), and (3) of
this subsection may be conducted pursuant to interstate agreements or
compacts. The Secretary may make grants annually, in amounts not to
exceed 90 percent of the cost of such activities, if the Secretary finds
that the proceeds of such grants will be used for purposes consistent
with sections 305 and 306. // 16 USC 1454, 1455. //
"(b) The consent of the Congress is hereby given to two or more
coastal States to negotiate, and to enter into, agreements or compacts,
which do not conflict with any law or treaty of the United States,
for--,
"(1) developing and administering coordinated coastal zone
planning, policies, and programs pursuant to sections 305 and 306;
and
"(2) establishing executive instrumentalities or agencies which
such States deem desirable for the effective implementation of
such agreements or compacts.
Such agreements or compacts shall be binding and obligatory upon any
State or party thereto without further approval by the Congress.
"(c) Each executive instrumentality or agency which is established by
an interstate agreement or compact pursuant to this section is
encouraged to give high priority to the coastal zone activities
described in subsection (a). The Secretary, the Secretary of the
Interior, the Chairman of the Council on Environmental Quality, the
Administrator of the Environmental Protection Agency, the Secretary of
the department in which the Coast Guard is operating, and the Secretary
of Energy, or their designated representatives, shall participate ex
officio on behalf of the Federal Government whenever any such
Federal-State consultation is requested by such an instrumentality or
agency.
"(d) If no applicable interstate agreement or compact exists, the
Secretary may coordinate coastal zone activities described in subsection
(a) and may make grants to assist any group of two or more coastal
States to create and maintain a temporary planning and coordinating
entity to carry out such activities. The amount of such grants shall
not exceed 90 percent of the cost of creating and maintaining such an
entity. The Federal officials specified in subsection (c), or their
designated representatives, shall participate on behalf of the Federal
Government, upon the request of any such temporary planning and
coordinating entity for a Federal-State consultation.
"(e) A coastal State is eligible to receive financial assistance
under this section if such State meets the criteria established under
section 308(g)(1).". // 16 USC 1456a. //
SEC. 9. REVIEW OF PERFORMANCE.
(a) Section 312 of the Coastal Zone Management Act of 1972 (16 U.S.
C. 1458) is amended to read as follows:
Sec. 312. (a) The Secretary shall conduct a continuing review of the
performance of coastal states with respect to coastal management. Each
review shall include a written evaluation with an assessment and
detailed findings concerning the extent to which the state has
implemented and enforced the program approved by the Secretary,
addressed the coastal management needs identified in section 303(2) (A)
through (I), and adhered to the terms of any grant, loan, or cooperative
agreement funded under this title.
"(b) For the purpose of making the evaluation of a coastal state's
performance, the Secretary shall conduct public meetings and provide
opportunity for oral and written comments by the public. Each such
evaluation shall be prepared in report form and the Secretary shall make
copies thereof available to the public.
"(c) The Secretary shall reduce any financial assistance extended to
any coastal state under section 306 // 16 USC 1455 // (but not below 70
per centum of the amount that would otherwise be available to the
coastal state under such section any year), and withdraw any unexpended
portion of such reduction, if the Secretary determines that the coastal
state is failing to make significant improvement in achieving the
coastal management objectives specified in section 303(2) (A) through
(I).
"(d) The Secretary shall withdraw approval of the management program
of any coastal state, and shall withdraw any financial assistance
available to that state under this title as well as any unexpended
portion of such assistance, if the Secretary determines that the coastal
state is failing to adhere to, is not justified in deviating from (1)
the management program approved by the Secretary, or (2) the terms of
any grant or cooperative agreement funded under section 306, and refuses
to remedy the deviation.
"(e) Management program approval and financial assistance may not be
withdrawn under subsection (d), unless the Secretary gives the coastal
state notice of the proposed withdrawal and an opportunity for a public
hearing on the proposed action. Upon the withdrawal of management
program approval under this subsection (d), the Secretary shall provide
the coastal state with written specifications of the actions that should
be taken, or not engaged in, by the state in order that such withdrawal
may be canceled by the Secretary.
"(f) The Secretary shall carry out research on, and offer technical
assistance of the coastal states with respect to, those activities,
projects, and other relevant matters evaluated under this section that
the Secretary considers to offer promise toward improving coastal zone
management."
(b) Within two hundred and seventy days after the date of the
enactment of this Act, // 16 USC 1458 // the Secretary of Commerce shall
issue such regulations as may be necessary or appropriate to administer
section 312 of the Coastal Zone Management Act of 1972 (as amended by
subsection (a) of this section).
SEC. 10. ANNUAL REPORT.
Section 316 of the Coastal Zone Management Act (16 U.S.C. 1462) is
amended--,
(1) by amending the section heading to read as follows: "
COASTAL ZONE MANAGEMENT REPORT";
(2) by amending subsection (a)--,
with the
Congress on a regular basis concerning the
administration of
this title and shall prepare and submit to the
President for
transmittal to the Congress a report summarizing the
administration of this title during each period of two
consecutive
fiscal years. Each report, which shall be transmitted
to the Congress not later than April 1 of the year
following
the close of the biennial period to which it pertains,
shall
include, but not be restricted to",
(6)
through (13), respectively; and
following
new clause: "(5) a summary of evaluation findings
prepared
in accordance with subsection (a) of section 312,
// 16 USC 1458. //
and a
description of any sanctions imposed under subsections
(c)
and (d) of this section;"; and
(3) by adding at the end thereof the following new subsection:
"(c)(1) The Secretary shall conduct a systematic review of Federal
programs, other than this title, that affect coastal resources for
purposes of identifying conflicts between the objectives and
administration of such programs and the purposes and policies of this
title. Not later than 1 year after the date of the enactment of this
subsection, the Secretary shall notify each Federal agency having
appropriate jurisdiction of any conflict between its program and the
purposes and policies of this title identified as a result of such
review.
"(2) The Secretary shall promptly submit a report to the Congress
consisting of the information required under paragraph (1) of this
subsection. Such report shall include recommendations for changes
necessary to resolve existing conflicts among Federal laws and programs
that affect the uses of coastal resources.".
SEC. 11. ESTUARINE SANCTUARIES.
Section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1461) is amended--,
(1) by striking out " BEACH ACCESS" in the section heading and
inserting in lieu thereof " ISLAND PRESERVATION";
(2) by amending paragraph (2) to read as follows:
"(2) acquiring lands to provide for the preservation of
islands, or portions thereof."; and
(3) in the last sentence by deleting "$2,000,000." and
substituting in lieu thereof "$3,000,000."; and
(4) by adding the following new sentence at the end of the
section:
" No grant for acquisition of land may be made under this section
without the approval of the Governor of the State in which is located
the land proposed to be acquired.".
SEC. 12. CONGRESSIONAL DISAPPROVAL PROCEDURE.
(a)(1) The Secretary, after promulgating a final rule, shall submit
such final rule to the Congress for review in accordance with this
section. // 16 USC 1463a. // Such final rule shall be delivered to each
House of the Congress on the same date and to each House of the Congress
while it is in session. Such final rule shall be referred to the
Committee on Commerce, Science, and Transportation of the Senate and to
the Committee on Merchant Marine and Fisheries of the House,
respectively.
(2) Any such final rule shall become effective in accordance with its
terms unless, before the end of the period of sixty calendar days of
continuous session, after the date such final rule is submitted to the
Congress, both Houses of the Congress adopt a concurrent resolution
disapproving such final rule.
(b)(1) The provisions of this subsection are enacted by the
Congress--,
(A) as an exercise in the rulemaking power of the House of
Representatives and as such they are deemed a part of the Rules of
the House of Representatives but applicable only with respect to
the procedure to be followed in the House of Representatives in
the case of concurrent resolutions which are subject to this
section, and such provisions supersede other rules only to the
extent that they are inconsistent with such other rules; and
(B) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
that House) at any time in the same manner and to the same extent
as in the case of any other rule of that House.
(2) Any concurrent resolution disapproving a final rule of the
Secretary shall, upon introduction or receipt from the other House of
the Congress, be referred immediately by the presiding officer of such
House to the Committee on Commerce, Science, and Transportation of the
Senate or to the Committee on Merchant Marine and Fisheries of the
House, as the case may be.
(3)(A) When a committee has reported a concurrent resolution, it
shall be at any time thereafter in order (even though a previous motion
to the same effect has been disagreed to) to move to proceed to the
consideration of the concurrent resolution. The motion shall be highly
privileged in the House of Representatives, and shall not be debatable.
An amendment to such motion shall not be in order, and it shall not be
in order to move to reconsider the vote by which the motion was agreed
to or disagreed to.
(B) Debate in the House of Representatives on the concurrent
resolution shall be limited to not more than ten hours which shall be
divided equally between those favoring and those opposing such
concurrent resolution and a motion further to limit debate shall not be
debatable. In the House of Representatives, an amendment to, or motion
to recommit, the concurrent resolution shall not be in order, and it
shall not be in order to move to reconsider the vote by which such
concurrent resolution was agreed to or disagreed to.
(4) Appeals from the decision of the Chair relating to the
application of the rules of the House of Representatives to the
procedure relating to a concurrent resolution shall be decided without
debate.
(5) Notwithstanding any other provision of this subsection, if a
House has approved a concurrent resolution with respect to any final
rule of the Secretary, then it shall not be in order to consider in such
House any other concurrent resolution with respect to the same final
rule.
(c)(1) If a final rule of the Secretary is disapproved by the
Congress under subsection (a)(2), then the Secretary may promulgate a
final rule which relates to the same acts or practices as the final rule
disapproved by the Congress in accordance with this subsection. Such
final rule--,
(A) shall be based upon--,
Secretary
in accordance with section 553 of title 5, United
States
Code, in any case in which the Secretary determines
that it
is necessary to supplement the existing rulemaking
record;
and
(B) may contain such changes as the Secretary considers
necessary or appropriate.
(2) The Secretary after promulgating a final rule under this
subsection, shall submit the final rule to the Congress in accordance
with subsection (a)(1).
(d) Congressional inaction on, or rejection of a concurrent
resolution of disapproval under this section shall not be construed as
an expression of approval of the final rule involved, and shall not be
construed to create any presumption of validity with respect to such
final rule.
(e)(1) Any interested party may institute such actions in the
appropriate district court of the United States, including actions for
declaratory judgment, as may be appropriate to construe the
constitutionality of any provision of this section. The district court
immediately shall certify all questions of the constitutionality of this
section to the United States court of appeals for the circuit involved,
which shall hear the matter sitting en banc.
(2) Notwithstanding any other provision of law, any decision on a
matter certified under paragraph (1) shall be reviewable by appeal
directly to the Supreme Court of the United States. Such appeal shall
be brought not later than twenty days after the decision of the court of
appeals.
(3) It shall be the duty of the court of appeals and of the Supreme
Court of the United States to advance on the docket and to expedite to
the greatest possible extent the disposition of any matter certified
under paragraph (1).
(f)(1) For purposes of this section--,
(A) continuity of session is broken only by an adjournment sine
die; and
(B) days on which the House of Representatives is not in
session because of an adjournment of more than five days to a day
certain are excluded in the computation of the periods specified
in subsection (a)(2) and subsection (b).
(2) If an adjournment sine die of the Congress occurs after the
Secretary has submitted a final rule under subsection (a)(1), but such
adjournment occurs--,
(A) before the end of the period specified in subsection (a)(
2); and
(B) before any action necessary to disapprove the final rule is
completed under subsection (a)(2);
then the Secretary shall be required to resubmit the final rule involved
at the beginning of the next regular session of the Congress. The
period specified in subsection (a)(2) shall begin on the date of such
resubmission.
(g) For purposes of this section:
(1) The term " Secretary" means the Secretary of Commerce.
(2) The term "concurrent resolution" means a concurrent
resolution the matter after the resolving clause of which is as
follows: " That the Congress disapproves the final rule
promulgated by the Secretary of Commerce dealing with the matter
of , which final rule was submitted to the Congress on .". (The
blank spaces shall be filled appropriately.)
(3) The term "rule" means any rule promulgated by the Secretary
pursuant to the Coastal Zone Management Act (16 U.S.C. 1450 et.
seq.).
// 16 USC 1451 //
(h) The provisions of this section // 16 USC 1463a // shall take
effect on the date of the enactment of this Act and shall cease to have
any force or effect after September 30, 1985.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 318 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1464) is amended--,
(1) by amending subsection (a) to read as follows:
" Sec. 318. (a) There are authorized to be appropriated to the
Secretary--,
"(1) such sums, not to exceed $48,000,000 for each of the
fiscal years occurring during the period beginning October 1,
1980, and ending September 30, 1985, as may be necessary for
grants under section 306,
// 16 USC 1455. //
to remain available until expended;
"(2) such sums, not to exceed $20,000,000 for each of the
fiscal years occurring during the period beginning October 1,
1980, and ending September 30, 1985, as may be necessary for
grants under section 306 A, to remain available until expended;
"(3) such sums, not to exceed $75,000,000 for each of the
fiscal years occurring during the period beginning October 1,
1980, and ending September 30, 1988, as may be necessary for
grants under section 308(b);
// 16 USC 1456a. //
"(4) such sums, not to exceed $3,000,000 for each of the fiscal
years occurring during the period beginning October 1, 1980, and
ending September 30, 1985, as may be necessary for grants under
section 309, to remain available until expended;
"(5) such sums, not to exceed $9,000,000 for each of the fiscal
years occurring during the period beginning October 1, 1980, and
ending September 30, 1985, as may be necessary for grants under
section 315
// 16 USC 1461. //
to remain available until expended;
"(6) such sums, not to exceed $6,000,000 for each of the fiscal
years occurring during the period beginning October 1, 1980, and
ending September 30, 1985, as may be necessary for administrative
expenses incident to the administration of this title.";
(2) by amending subsection (b) by striking after the phrase
"provisions of section 308,"
// 16 USC 1456a. //
all that follows and substituting in lieu thereof "other than
subsection (b), of which not to exceed $150,000,000 shall be for
purposes of subsections (c)(1), (c)(2) and (c)(3) of such
section."; and
(3) by amending subsection (c) by striking out "section 305,
306, 309, or 310."
// 16 USC 1454, 1455, 2064, 16 USC 1456c. //
and inserting in lieu thereof "section 306 or 309.".
Approved October 17, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1012 accompanying H.R. 6979 (Comm. on Merchant
Marine and Fisheries)
SENATE REPORT No. 96 - 783 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 3, considered and passed Senate.
Sept. 30, H.R. 6979 considered and passed House; passage
vacated and S. 2622, amended, passed in lieu. Senate concurred in
House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 43:
Oct. 18, Presidential statement.
PUBLIC LAW 96-463, 94 STAT. 2055, USED OIL RECYCLING ACT OF 1980
encourage the use of recycled oil.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 42 USC 6901 // may be cited as the " Used Oil
Recycling Act of 1980".
Sec. 2. The Congress finds and declares that--,
(1) used oil is a valuable source of increasingly scarce energy
and materials;
(2) technology exists to re-refine, reprocess, reclaim, and
otherwise recycle used oil;
(3) used oil constitutes a threat to public health and the
environment when reused or disposed of improperly; and
that, therefore, it is in the national interest to recycle used oil in a
manner which does not constitute a threat to public health and the
environment and which conserves energy and materials.
Sec. 3. Section 1004 of the Solid Waste Disposal Act // 42 USC 6903.
// is amended by adding the following new paragraphs at the end
thereof:
"(36) The term 'used oil' means any oil which has been--,
"(37) The term 'recycled oil' means any used oil which is
reused, following its original use, for any purpose (including the
purpose for which the oil was originally used). Such term
includes oil which is re-refined, reclaimed, burned, or
reprocessed.
"(38) The term 'lubricating oil' means the fraction of crude
oil which is sold for purposes of reducing friction in any
industrial or mechanical device. Such term includes re-refined
oil.
"(39) The term 're-refined oil' means used oil from which the
physical and chemical contaminants acquired through previous use
have been removed through a refining process.".
Sec. 4. (a) Subtitle B of title II of the Solid Waste Disposal Act
// 42 USC 6915, 6916. // is amended by inserting the following new
section immediately after section 2004 and by redesignating sections
2005 and 2006 as 2006 and 2007, respectively:
" Sec. 2005. // 42 USC 6914a. // For purposes of any provision of
law which requires the labeling of commodities, lubricating oil shall be
treated as lawfully labeled only if it bears the following statement,
prominently displayed:
"' DON'T POLLUTE- CONSERVE RESOURCES; RETURN USED OIL TO
COLLECTION CENTERS'.".
(b) The table of contents for such subtitle B of title II of the
Solid Waste Disposal Act is amended by inserting the following new item
immediately after the item relating to section 2004 and by redesignating
the items relating to sections 2005 and 2006 as 2006 and 2007,
respectively:
" Sec. 2005. Labeling of certain oil.".
(c) Before the effective date of the labeling standards required to
be prescribed under section 383(d)(1)(A) of the Energy Policy and
Conservation Act, // USC 6363 // no requirement of any rule or order of
the Federal Trade Commission may apply, or remain applicable, to any
container of recycled oil (as defined in section 383(b) of such Act) //
42 USC 6363. // if such requirement provides that the container must
bear any label referring to the fact that it has been derived from
previously used oil. Nothing in this subsection shall be construed to
affect any labeling requirement applicable to recycled oil under any
authority of law to the extent such requirement relates to fitness for
intended use or any other performance characteristic of such oil or to
any characteristic of such oil other than that referred to in the
preceding sentence.
Sec. 5. (a) Section 4003 of the Solid Waste Disposal Act // 42 USC
6943. // is amended by striking out " Minimum" in the heading thereof.
(b) Such section 4003 is further amended by inserting "(a) Minimum
Requirements.--" after "4003" and by adding the following new subsection
at the end thereof:
"(b) Discretionary Plan Provisions Relating to Recycled Oil.--, Any
State plan submitted under this subtitle may include, at the option of
the State, provisions to carry out each of the following:
"(1) Encouragement, to the maximum extent feasible and
consistent with the protection of the public health and the
environment, of the use of recycled oil in all appropriate areas
of State and local government.
"(2) Encouragement of persons contracting with the State to use
recycled oil to the maximum extent feasible, consistent with
protection of the public health and the environment.
"(3) Informing the public of the uses of recycled oil.
"(4) Establishment and implementation of a program (including
any necessary licensing of persons and including the use, where
appropriate, of manifests) to assure that used oil is collected,
transported, treated, stored, reused, and disposed of, in a manner
which does not present a hazard to the public health or the
environment.
Any plan submitted under this title before the date of the enactment of
the Used Oil Recycling Act of 1980 may be amended, at the option of the
State, at any time after such date to include any provision referred to
in this subsection.".
(b) Section 4008 of such Act // 42 USC 6948. // is amended by adding
at the end the following new subsection:
"(f) Assistance to States for Discretionary Program for Recycled
Oil.-(1) The Administrator may make grants to States, which have a State
plan approved under section 4007, // 42 USC 6947. // or which have
submitted a State plan for approval under such section, if such plan
includes the discretionary provisions described in section 4003( b).
Grants under this subsection shall be for purposes of assisting the
State in carrying out such discretionary provisions. No grant under
this subsection may be used for construction or for the acquisition of
land or equipment.
"(2) Grants under this subsection shall be allotted among the States
in the same manner as provided in the first sentence of subsection (b).
"(3) No grant may be made under this subsection unless an application
therefor is submitted to, and approved by, the Administrator. The
application shall be in such form, be submitted in such manner, and
contain such information as the Administrator may require.
"(4) For purposes of making grants under this subsection, there are
authorized to be appropriated $5,000,000 for fiscal year 1982 and
$5,000,000 for fiscal year 1983.".
Sec. 6. Section 4008(d) of the Solid Waste Disposal Act // 42 USC
6948. // is amended by inserting "(1)" after ASSISTANCE.--" and by
adding the following new paragraph at the end thereof:
"(2) In carrying out this subsection, the Administrator may, upon
request, provide technical assistance to States to assist in the removal
or modification of legal, institutional, economic, and other impediments
to the recycling of used oil. Such impediments may include laws,
regulations, and policies, including State procurement policies, which
are not favorable to the recycling of used oil.".
Sec. 7. (a) Subtitle C of the Solid Waste Disposal Act is amended by
adding the following new section at the end thereof:
" Sec. 3012. Not later than one year after the date of the enactment
of this section, // 42 USC 6932. // the Administrator shall promulgate
regulations establishing such performance standards and other
requirements as may be necessary to protect the public health and the
environment from hazards associated with recycled oil. In developing
such regulations, the Administrator shall conduct an analysis of the
economic impact of the regulations on the oil recycling industry. The
Administrator shall ensure that such regulations do not discourage the
recovery or recycling of used oil.".
(b) The table of contents for such subtitle is amended by inserting
the following new item immediately after the item relating to section
3011:
" Sec. 3012. Restrictions on recycled oil.".
" Sec. 8. Not later than ninety days after the date of the enactment
of this Act, the Administrator of the Environmental Protection Agency
shall--,
(1) make a determination as to the applicability to used oil of
the criteria and regulations promulgated under subsections (a) and
(b) of section 3001 of the Solid Waste Disposal Act
// 42 USC 6921. //
relating to characteristics of hazardous wastes, and
(2) report to the Congress the determination together with a
detailed statement of the data and other information upon which
the determination is based.
In making a determination under paragraph (1), the Administrator shall
ensure that the recovery and reuse of used oil are not discouraged.
Sec. 9. // 42 USC 6932 // The Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of Energy, the
Federal Trade Commission, and the Secretary of Commerce, shall conduct a
study--,
(1) assessing the environmental problems associated with the
improper disposal or reuse of used oil;
(2) addressing the collection cycle of used oil prior to
recycling;
(3) analyzing supply and demand in the used oil industry,
including (A) estimates of the future supply and quality of used
oil feedstocks for purpose of re-refining and (B) estimates of the
future supply of virgin crude oil available for refining for
purposes of producing lubricating oil;
(4) comparing the energy savings associated with re-refining
used oil and the energy savings associated with other uses of used
oil; and
(5) recommending Federal, State, and local policies to
encourage methods for environmentally sound and economically
feasible recycling of used oil.
Where appropriate, for purposes of the study under this section, the
Administrator may utilize and update information and data previously
collected by the Administrator and by other agencies, departments, and
instrumentalities of the United States. The Administrator shall submit
to Congress a report containing the results of the study under this
section not later than one year after the date of the enactment of this
Act.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1415 (Comm. on Interstate and Foreign
Commerce).
SENATE REPORT No. 96 - 879 (Comm. on Environment and Public Work).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed Senate.
Sept. 30, considered and passed House, amended.
Oct. 1, Senate concurred in House amendments.
PUBLIC LAW 96-462, 94 STAT. 2053, FEDERAL DISTRICT COURT ORGAINZATION
ACT of 1980.
districts and in divisions within
judicial districts, 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. This Act // 28 USC 1 // may be cited as the " Federal
District Court Organization Act of 1980".
Sec. 2. Section 84(c) of title 28, United States Code, is amended by
inserting "and Santa Ana" after "at Los Angeles".
Sec. 3. (a) Section 95(b) of title 28, United States Code, is
amended--,
(1) in paragraph (3) by inserting " Fremont," after " Cass,"
and by inserting " Page," after " Montgomery,", and
(2) in paragraph (4) by striking out " Fremont," and " Page,".
(b) The amendments made by subsection (a) // 28 USC 95 // shall not
apply to any action commenced before the effective date of such
amendments and pending in the United States District Court for the
Southern District of Iowa on such date.
Sec. 4. (a) Section 105(a) of title 28, United State Code, is
amended--,
(1) in paragraph (1) by striking out " Audrain," and "
Montgomery," and
(2) in paragraph (2) by inserting " Audrain," after " Adair,"
and by inserting " Montgomery," after " Monroe,".
(b) The amendments made by subsection (a) // 28 USC 105 // shall not
apply to any action commenced before the effective date of such
amendments and pending in the United States District Court for the
Eastern District of Missouri on such date.
Sec. 5. (a) The first sentence of section 113(a) of title 28, United
States Code, is amended by adding before the period at the end thereof
the following: "and that portion of Durham County encompassing the
Federal Correctional Institution, Butner, North Carolina".
(b) Section 113(b) of title 28, United States Code, is amended--,
(1) by striking out " Alleghany, Ashe,"
(2) by inserting "(excluding that portion of Durham County
encompassing the Federal Correctional Institution, Butner, North
Carolina)" after " Durham",
(3) by striking out " Watauga, Wilkes,", and
(4) by striking out " Rockingham, Salisbury, Wilkesboro,".
(c) Section 113(c) of title 28, United States Code, is amended--,
(1) by inserting " Alleghany," after " Alexander,",
(2) by inserting " Ashe," after " Anson,", and
(3) by inserting " Watauga, Wilkes," after " Union,".
(d) The amendments made by this section // 28 USC 113 // shall not
apply to any action commenced before the effective date of such
amendments and pending in any judicial district of North Carolina on
such date.
Sec. 6. (a) Section 124(b)(2) of title 28, United States Code, is
amended by striking out " Polk," and " Trinity,".
(b) Section 124(c) of title 28, United States Code, is amended--,
(1) by striking out "six" and inserting in lieu thereof
"seven",
(2) in paragraph (1)--,
(3) in paragraph (2) by striking out " Orange, Sabine, San
Augustine, and Tyler." and inserting in lieu thereof "and
Orange.", and
(4) by adding at the end thereof the following new paragraphs:
"(7) The Lufkin Division comprises the counties of Angelina,
Houston, Nacogdoches, Polk, Sabine, San Augustine, Shelby,
Trinity, and Tyler.
" Court for the Lufkin Division shall be held at Lufkin.".
Sec. 7. (a) This Act and the amendments made by this Act // 28 USC
84 // shall take effect on October 1, 1981.
(b) Nothing in this Act shall affect the composition or preclude the
service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1417 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 30, considered and passed House.
Oct. 1, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 15, Presidential statement.
PUBLIC LAW 96-461, 94 STAT. 2049, NATIONAL BUREAU OF STANDARDS
AUTHORIZATION ACT FOR FISCAL YEARS 1981 AND 1982.
Commerce for the programs of the
National Bureau of Standards for fiscal years 1981
and 1982, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " National Bureau of Standards Authorization Act for Fiscal
Years 1981 and 1982".
Sec. 2. (a) There are hereby authorized to be appropriated to the
Secretary of Commerce, hereinafter referred to as the Secretary, to
carry out activities performed by the National Bureau of Standards, the
sums set forth in the following line items:
(1) Measurement Research and Standards, for fiscal year 1981,
$44,161,000, and for fiscal year 1982, $52,577,000;
(2) Engineering Measurements and Standards, for fiscal year
1981, $21,516,000, and for fiscal year 1982, $24,667,000;
(3) Computer Science and Technology, for fiscal year 1981,
$11,603,000, and for fiscal year 1982, $12,263,000;
(4) Core Research Program for Innovation and Productivity, for
fiscal year 1981, $12,800,000, and for fiscal year 1982,
$18,080,000;
(5) Technical Competence Fund, for fiscal year 1981,
$6,176,000, and for fiscal year 1982, $8,794,000;
(6) Fire Research Center, for fiscal year 1981, $1,253,000, and
for fiscal year 1982, $1,378,000;
(7) Central Technical Support, for fiscal year 1981,
$10,112,000, and for fiscal year 1982, $24,623,000.
(b) Notwithstanding any other provision of this or any other Act, for
fiscal years 1981 and 1982:
(1) of the total amount authorized under subsection (a)(1), not
less than $245,000 shall be available for the " Environmental
Measurements Program" for fiscal year 1981 and $270,000 for fiscal
year 1982;
(2) of the total amount authorized under subsection (a)(2), not
less than $425,000 shall be available for the purpose of "
Earthquake Hazards Engineering" for fiscal year 1981 and $475,000
for fiscal year 1982;
(3) of the total amounts authorized under subsections (a)(1)
and (a)(2), not less than $1,000,000 shall be available for "
Measurement Standards for the Handicapped" for fiscal year 1981
and $1,100,000 for fiscal year 1982;
(4) of the total amount authorized under subsection (a)(4),
$2,000,000 is authorized for the purpose of " Automated
Manufacturing Research Facility" for fiscal year 1981 and
$4,000,000 for fiscal year 1982; and
(5) of the total of the amounts authorized under subsections
(a)(4) and (a)(7), not more than $6,123,000 shall be available for
" Transfer to Working Capital Fund" for fiscal year 1981, and of
the total of the amounts authorized under subsections (a)(1),
(a)(2), (a)(4), and (a)(7), not more than $11,245,000 shall be
available for " Transfer to Working Capital Fund" for fiscal year
1982.
Sec. 3. In addition to the sums authorized in section 2, there is
authorized to be appropriated not more than $400,000 for fiscal year
1981, and not more than $500,000 for fiscal year 1982, for expenses of
the National Bureau of Standards incurred outside the United States, to
be paid for in foreign currencies that the Secretary of the Treasury
determines to be excess to the normal requirements of the United States.
Sec. 4. In addition to the sums authorized in section 2, there is
authorized to be appropriated the sum of $8,140,000 for fiscal year
1981, and the sum of $9,920,000 for fiscal year 1982, for the Assistant
Secretary of Commerce for Productivity, Technology, and Innovation to
carry out activities performed by the National Technical Information
Service.
Sec. 5. In addition to the sums authorized to be appropriated by
this Act, such additional sums as may be necessary to make any
adjustments in salary, pay, retirement, and other employee benefits
which may be provided for by law are authorized to be appropriated for
fiscal years 1981 and 1982, and, if the full amount necessary to make
such adjustments is not appropriated, the adjustments shall be made
proportionately from section 4 and in the line items in section 2(a) in
a manner reflecting the extent to which the amount of each such line
item in section 2(a) is attributable to employee benefits of the type
involved.
Sec. 6. Appropriations made under the authority provided in this Act
shall remain available for obligation, for expenditure, or for
obligation and expenditure for periods specified in the Acts making such
appropriations.
Sec. 7. Funds may be transferred among the line items listed in
section 2(a), but neither the total funds transferred from any line item
nor the total funds transferred to any line item may exceed 10 per
centum of the amount authorized for that line item in section 2(a),
unless:
(1) thirty calendar days have passed after the Secretary or his
designee has transmitted to the Speaker of the House of
Representatives, to the President of the Senate, to the chairman
of the Committee on Science and Technology of the House of
Representatives, and to the chairman of the Committee on Commerce,
Science, and Transportation of the Senate a written report
containing a full and complete explanation of the transfer
involved and the reason for it, or
(2) before the expiration of thirty calendar days the chairmen
of both the Committee on Science and Technology of the House and
the Committee on Commerce, Science, and Transportation of the
Senate have written to the Secretary to the effect that they have
no objection to the proposed transfer.
Sec. 8. Section 14 of the Act of March 3, 1901 (15 U.S.C. 278(d)) //
15 USC 278d. // as amended, is further amended by striking out
"$75,000" and inserting in lieu thereof "$250,000".
Sec. 9. In order to develop and strengthen the expertise of the
National Bureau of Standards in science and engineering, to enhance the
Secretary's ability to maintain the Bureau's programs at the forefront
of worldwide developments in science and engineering, and to cooperate
in international scientific activities, the Act of March 3, 1901 (15 U.
S.C. 271 - 278h), as amended, is further amended by inserting
immediately after section 16 the following new section:
" Sec. 17. (a) The Secretary is authorized, notwithstanding any
other provision of law, to expend such sums, within the limit of
appropriated funds, as the Secretary may deem desirable, through the
grant of fellowships or any other form of financial assistance, to
defray the expenses of foreign nationals not in service to the
Government of the United States while they are performing scientific or
engineering work at the National Bureau of Standards or participating in
the exchange of scientific or technical information at the National
Bureau of Standards.
"(b) The Congress consents to the acceptance by employees of the
National Bureau of Standards of fellowships, lectureships, or other
positions for the performance of scientific or engineering activities or
for the exchange of scientific or technical information, offered by a
foreign government, and to the acceptance and retention by an employee
of the National Bureau of Standards of any form of financial or other
assistance provided by a foreign government as compensation for or as a
means of defraying expenses associated with the performance of
scientific or engineering activities or the exchange of scientific or
technical information, in any case where the acceptance of such
fellowship, lectureship, or position or the acceptance and retention of
such assistance is determined by the Secretary to be appropriate and
consistent with the interests of the United States. For the purposes of
this subsection, the definitions appearing in section 7342(a) of title 5
of the United States Code apply. Civil actions may be brought and
penalties assessed against any employee who knowingly accepts and
retains assistance from a foreign government not consented to by this
subsection in the same manner as is prescribed by section 7342(h) of
title 5 of the United States Code.
"(c) Provisions of law prohibiting the use of any part of any
appropriation for the payment of compensation to any employee or officer
of the Government of the United States who is not a citizen of the
United States shall not apply to the payment of compensation to
scientific or engineering personnel of the National Bureau of
Standards.".
Sec. 10. Section 18 of the Act of March 3, 1901, as amended (15 U.
S.C. 278h), is further amended by: (1) repealing subsection (b); and
(2) removing the designation "(a)" from the remaining paragraph.
Sec. 11. The effective date of sections 8 and 9 of this Act // 15
USC 278g // shall be October 1, 1980.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 949 accompanying H.R. 7113 (Comm. on Science
and Technology).
SENATE REPORT No. 96 - 683 (Comm. on Commerce, Science and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 9, considered and passed Senate.
July 21, H.R. 7113 considered and passed House; passage
vacated and S. 2320, amended, passed in lieu.
Sept. 30, Senate concurredc in House amendments with an
amendment.
Oct. 2, House concurred in Senate amendment.
PUBLIC LAW 96-460, 94 STAT. 2044, CHESAPEAKE BAY RESEARCH
COORDINATION ACT OF 1980.
and conducted research
efforts regarding the Chesapeake Bay, 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.
This Act // 16 USC 3001 // may be cited as the " Chesapeake Bay
Research Coordination Act of 1980".
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) The Congress finds that--,
(1) the Chesapeake Bay area is one of the greatest national
resources in the United States of America, serving as an abundant
source of seafood, recreation, beauty, and enjoyment, as well as
providing habitat for a wide variety of fish, waterfowl, flora,
and fauna;
(2) the Chesapeake Bay area serves as one of the world's major
waterways, each year carrying millions of tons of waterborne
shipping to and from all parts of the globe;
(3) the productivity and beauty of the Chesapeake Bay area in
recent years has been diminished and threatened by water
pollution, shoreline erosion, excessive sedimentation, and other
injuries;
(4) numerous Federal agencies have initiated and supported
research to study, manage, enhance, protect, preserve, or restore
the resources of the Chesapeake Bay area; and
(5) the various research relating to the Chesapeake Bay area
could be more effectively coordinated in order to obtain maximum
benefits.
(b) The purposes of this Act are--,
(1) to provide for the rational and effective coordination of
federally conducted and supported research aimed at increasing
fundamental knowledge in support of wise management of the
Chesapeake Bay area;
(2) to identify key management information needs and specify a
coherent program of research that will respond to those needs;
(3) to identify the needs and priorities for such additional
research as are required for the improvement of fundamental
knowledge about the Chesapeake Bay area;
(4) to assure a comprehensive and balanced approach to
federally conducted and supported research on the Chesapeake Bay
area;
(5) to encourage the utilization of the results and findings of
research, and of other relevant information, in the management
decisionmaking processes which have an impact on the Chesapeake
Bay area; and
(6) to foster public understanding of the role of the
Chesapeake Bay area as a unique national resource, the greatest
natural ecological entity of its kind in the United States.
SEC. 3. // 16 USC 3002. // DEFINITIONS.
For purposes of this Act--,
(1) The term " Chesapeake Bay area" means the waters of the
Chesapeake Bay (including the tributaries to the extent of
Chesapeake Bay tidal action), the lands within and under such
waters, and the wetlands adjacent to such waters.
(2) The term "research" means the endeavor to discover,
develop, and verify knowledge and a careful and critical inquiry
or examination in seeking facts or principles.
(3) The term "research project" means any research related to
the Chesapeake Bay area for the purpose of promoting the
understanding, the improved management, and the protection of the
marine or coastal related resources (including those relating to
water quality, coastal zone management, navigation, shoreline
erosion, wetlands, fisheries, shellfish, and wildlife) which is
funded in whole or in part by any department, agency, or
independent establishment of the Federal Government.
(4) The term "research program" means any aggregate of related
individual research projects.
(5) The term " Secretary" means the Secretary of Commerce.
SEC. 4. // 16 USC 3003. // OFFICE FOR CHESAPEAKE BAY RESEARCH
COORDINATION.
(a)(1) The Secretary shall establish in the Department of Commerce a
separate office known as the Office for Chesapeake Bay Research
Coordination (hereafter referred to in this Act as the " Office"). The
Office shall serve as the staff of the Chesapeake Bay Research Board
established under section 5 of this Act.
(2)(A) The Office shall be headed by a Director who by reason of his
knowledge and experience in research efforts on the Chesapeake Bay area,
is qualified to serve as an adviser with respect to research, and who
shall be appointed by the Secretary in consultation with the
Administrator of the Environmental Protection Agency, the Secretary of
the Army, the Secretary of the Interior, and the Secretary of the
Smithsonian Institution.
(B) Before making any appointment under subparagraph (A), the
Secretary shall seek the recommendations of the Governor of Maryland and
the Governor of Virginia with respect to individuals who are qualified
to serve as the Director.
(3) The Director may appoint such personnel for the Office as he
deems desirable, and as is provided for under this Act.
(b) The Office, when directed to do so by the Chesapeake Bay Research
Board, shall--,
(1) identify Federal and State research programs relating to
the Chesapeake Bay area and annually update that inventory;
(2) establish a Chesapeake Bay Research Exchange for the
purpose of facilitating the rapid identification, acquisition,
retrieval, dissemination, and use of information concerning all
research projects which are ongoing, completed, or for which funds
have been requested, and which are conducted in or affect the
Chesapeake Bay area;
(3) make recommendations to the Chesapeake Bay Research Board
on the relationship of Federal programs to the Chesapeake Bay
Research Plan; and
(4) make recommendations to the Chesapeake Bay Research Board
on possible revisions to such Research Plan.
(c) The Office shall work with the Chesapeake Bay Research Board
to--,
(1) identify the need for, and the priority of, research
programs which could benefit the management of the resources of
the Chesapeake Bay area;
(2) promote optimum utilization of available funds and
resources to benefit the Chesapeake Bay area;
(3) remain cognizant of ongoing research programs and assist in
the dissemination of the results and findings of research
programs;
(4) conduct periodic meetings with representatives of the
departments, agencies, and independent establishments of the
Federal Government having responsibility for the administration of
research programs in the Chesapeake Bay area, representatives of
appropriate State, regional, and local agencies, and
representatives of the scientific community, in order to obtain
and exchange information relating to such programs;
(5) review proposed Federal legislation which may affect the
Chesapeake Bay area and comment to the appropriate entities on the
relation of the proposed legislation to the Chesapeake Bay
Research Plan;
(6) determine existing Federal and State programs relating to
the Chesapeake Bay area and annually update this inventory;
(7) plan and conduct a conference on Chesapeake Bay area
affairs at least once every two years;
(8) prepare for the Board an annual report on research
programs, current and planned, pertaining to the Chesapeake Bay
area; and
(9) perform such other activities as are consistent with the
purposes of this Act.
(d)(1) The Secretary shall make available to the Office such
administrative services and temporary staff as may be reasonably
required by the Office to enable it to carry out its functions under
this Act.
(2) The Office may request from any department, agency, or
independent establishment of the Federal Government (A) information
concerning grants made by such department, agency, or establishment for
research in the Chesapeake Bay area, and (B) other assistance or
information which the Office deems necessary to enable it to carry out
its functions under this Act. Each such department, agency, or
independent establishment shall furnish, with or without reimbursement,
to the Office such assistance or information so requested consistent
with other Federal law.
SEC. 5. // 16 USC 3004. // CHESAPEAKE BAY RESEARCH BOARD.
(a) There is established a Chesapeake Bay Research Board (hereafter
referred to in this section as the " Board").
(b)(1) The Board shall consist of--,
(A) four members selected by the Governor of Virginia;
(B) four members selected by the Governor of Maryland; and
(C) seven members selected by the Secretary, in consultation
with the Administrator of the Environmental Protection Agency, the
Secretary of the Army, the Secretary of the Interior, and the
Secretary of the Smithsonian Institution.
(2) The Secretary, the Governor of Maryland, and the Governor of
Virginia shall ensure that the Board is comprised of individuals who are
qualified to perform the functions of the Board and who represent the
interests of Federal, State, and local government, industry, the public,
and the scientific and environmental communities.
(c) The Chairman of the Board shall be elected annually by the
membership of such Board.
(d) The Board shall--,
(1) develop a Chesapeake Bay Research Plan consistent with the
missions and interests of appropriate agencies and States, and
update this plan biennially to reflect changing priorities in
Federal and State management needs as well as the need for
fundamental research;
(2) review and evaluate, on a periodic basis, Federal research
programs pertaining to the Chesapeake Bay area, and ascertain the
extent to which the research programs are consistent with the
Chesapeake Bay Research Plan; and
(3) submit an annual report to the Congress and the Governors
of Maryland and Virginia on research programs, current and
planned, pertaining to the Chesapeake Bay area and their
relationship to the Chesapeake Bay Research Plan, together with
any recommendations for improving the coordination of such
research.
(e) Members of the Board (other than those who are employees of the
Federal or State governments) may, while engaged in business for the
Board, receive compensation for travel expenses and per diem in lieu of
subsistence, in the same manner as the expenses authorized by section
5703 of title 5, United States Code, for persons employed intermittently
in Government service.
SEC. 6. // 16 USC 3005. // AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Office to carry out
the purposes of this Act the sum of $500,000 for each of the three
fiscal years ending on September 30, 1982, September 30, 1983, and
September 30, 1984.
SEC. 7. // 16 USC 3006. // RELATIONSHIP OF ACT TO EXISTING FEDERAL,
STATE, AND LOCAL POWERS.
(a) Nothing contained in this Act shall be construed to affect the
jurisdiction, powers, or prerogatives of any existing department,
agency, or officer of the Federal Government or of any State or local
government.
(b) For purposes of administering this Act (including the preparation
of an annual report pursuant to section 4(c)(8)) the Board shall solicit
from the appropriate Federal departments and agencies and the Governors,
recommendations that may be appropriate with respect to any existing law
which may affect or be involved in research programs.
SEC. 8. // 16 USC 3007. // TERMINATION.
This Act and the authority conferred by this Act shall terminate on
September 30, 1984. At such time the General Accounting Office shall
submit to the Congress an evaluation of the effectiveness of the Board,
Office, and of this Act. In the preparation of such report, comments
shall be solicited from Federal agencies, the Governors of Maryland and
Virginia, and the research institutions, industries, and environmental
and citizen's groups concerned with the Chesapeake Bay area.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 993 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 950 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 19, considered and passed House.
Sept. 24, considered and passed Senate, amended.
Sept. 30, House concurred in Senate amendment.
PUBLIC LAW 96-459, 94 STAT. 2042, MARITIME APPROPRIATION
AUTHORIZATION ACT FOR FISCAL YEAR 1981.
supplemental appropriation
for fiscal year 1980 for certain maritime programs of
the Department of Commerce,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Maritime Appropriation Authorization Act for Fiscal Year
1981".
Sec. 2. Funds are authorized to be appropriated without fiscal year
limitation as the appropriation Act may provide for the use of the
Department of Commerce for fiscal year 1981 as follows:
(1) for acquisition, construction, or reconstruction of vessels
and construction-differential subsidy and cost of national defense
features incident to the construction, reconstruction, or
reconditioning of ships, not to exceed $135,000,000; except that
no funds authorized by this paragraph may be paid to subsidize the
construction of any vessel which will not be offered for
enrollment in a sealift readiness program approved by the
Secretary of Defense;
(2) for payment of obligations incurred for
operating-differential subsidy, not to exceed $347,697,000;
except that no funds authorized by this paragraph may be paid for
the operation of any vessel which is not offered for participation
in a sealift readiness program approved by the Secretary of
Defense;
(3) for expenses necessary for research and development
activities, not to exceed $17,070,000;
(4) for maritime education and training expenses, not to exceed
$32,543,000, including not to exceed $18,201,000 for maritime
training at the Merchant Marine Academy at Kings Point, New York;
$12,460,000 for financial assistance to State marine schools, of
which amount, $2,100,000 shall be for fuel oil for State marine
school training vessels; and $1,882,000 for supplementary
training courses authorized under section 216(c) of the Merchant
Marine Act, 1936;
// 46 USC 1126. //
and
(5) for operating expenses, not to exceed $38,864,000,
including not to exceed $7,208,000 for reserve fleet expenses, and
not to exceed $31,656,000 for other operating expenses.
Sec. 3. There are authorized to be appropriated for the fiscal year
1981, in addition to the amounts authorized by section 2 of this Act,
such additional supplemental amounts for the activities for which
appropriations are authorized under section 2 of this Act, as may be
necessary for increases in salary, pay, retirement, or other employee
benefits authorized by law, and for increased costs for public
utilities, food service, and other expenses of the Merchant Marine
Academy at Kings Point, New York.
Se. 4. Paragraph (2) of section 2 of the Maritime Appropriation
Authorization Act for fiscal year 1980 (Public Law 96 - 112) // 93 Stat.
847. // is amended by striking "$256,208,000" and substituting
"$300,515,000".
Sec. 5. Notwithstanding the provisions of section 27 of the Merchant
Marine Act of 1920 // 46 USC 883. // as amended, the Secretary of the
Department in which the Coast Guard is operating, shall cause the vessel
Fundy Pride, built in Cape Saint Mary's, Nova Scotia, and now owned by
the State of Maine, as represented by the Department of Educational and
Cultural Services to be documented as a vessel of the United States,
upon compliance of the usual requirements, to engage in the coastwise
trade and the fisheries, so long as such vessel is owned by the State of
Maine.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 840 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 709 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Apr. 15, considered and passed House.
June 3, considered and passed Senate, amended.
Sept. 30, House concurred in one Senate amendment and in
another with an amendment; Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 15, Presidential statement.
PUBLIC LAW 96-458, 94 STAT. 2035, JUDICIAL COUNCILS REFORM AND
JUDICIAL CONDUCT AND DISABILITY ACT OF 1980.
Federal judicial circuits, to
establish a procedure for the processing of complaints
against Federal judges, 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. This Act // 28 USC 1 // may be cited as the " Judicial
Councils Reform and Judicial Conduct and Disability Act of 1980".
SEC. 2. (a) Section 332(a) of title 28, United States Code, is
amended to read as follows:
"(a)(1) The chief judge of each judicial circuit shall call, at least
twice in each year and at such places as he may designate, a meeting of
the judicial council of the circuit, consisting of--,
"(A) the chief judge of the circuit, who shall preside;
"(B) that number of circuit judges fixed by majority vote of
all such judges in regular active service; and
"(C) that number of district judges of the circuit fixed by
majority vote of all circuit judges in regular active service,
except that--,
with
subparagraph (B) of this paragraph is less than six,
the
number of district judges fixed in accordance with this
subparagraph shall be no less than two; and
more, the
number of district judges fixed in accordance with this
subparagraph shall be no less than three.
"(2) Members of the council shall serve for terms established by a
majority vote of all judges of the circuit in regular active service.
"(3) The number of circuit and district judges fixed in accordance
with paragraphs (1)(B) and (1)(C) of this subsection shall be set by
order of the court of appeals for the circuit no less than six months
prior to a scheduled meeting of the council so constituted.
"(4) Only circuit and district judges in regular active service shall
serve as members of the council.
"(5) No more than one district judge from any one district shall
serve simultaneously on the council, unless at least one district judge
from each district within the circuit is already serving as a member of
the council.
"(6) In the event of the death, resignation, retirement, or
disability of a member of the council, a replacement member shall be
designated to serve the remainder of the unexpired term by the chief
judge of the circuit.
"(7) Each member of the council shall attend each council meeting
unless excused by the chief judge of the circuit.".
(b) Section 332(c) of title 28, United States Code, is amended by
striking out "quarterly" and inserting in lieu thereof "semiannually".
(c) Section 332(d) of title 28, United States Code, is amended to
read as follows:
"(d)(1) Each judicial council shall make all necessary and
appropriate orders for the effective and expeditious administration of
justice within its circuit. Each council is authorized to hold
hearings, to take sworn testimony, and to issue subpoenas and subpoenas
duces tecum. Subpoenas and subpoenas duces tecum shall be issued by the
clerk of the court of appeals, at the direction of the chief judge of
the circuit or his designee and under the seal of the court, and shall
be served in the manner provided in rule 45(c) of the Federal Rules of
Civil Procedure // 28 USC app. // for subpoenas and subpoenas duces
tecum issued on behalf of the United States or an officer or agency
thereof.
"(2) All judicial officers and employees of the circuit shall
promptly carry into effect all orders of the judicial council.
"(3) Unless an impediment to the administration of justice is
involved, regular business of the courts need not be referred to the
council.".
(d)(1) The section heading for section 332 of title 28, United States
Code, is amended to read as follows:
" Section 332. Judicial councils of circuits".
(2) The item relating to section 332 in the section analysis for
chapter 15 of title 28, United States Code, is amended to read as
follows:
"332. Judicial councils of circuits.".
SEC. 3. (a) Section 372 of title 28, United States Code, is amended
by adding at the end thereof the following new subsection:
"(c)(1) Any person alleging that a circuit, district, or bankruptcy
judge, or a magistrate, has engaged in conduct prejudicial to the
effective and expeditious administration of the business of the courts,
or alleging that such a judge or magistrate is unable to discharge all
the duties of office by reason of mental or physical disability, may
file with the clerk of the court of appeals for the circuit a written
complaint containing a brief statement of the facts constituting such
conduct.
"(2) Upon receipt of a complaint filed under paragraph (1) of this
subsection, the clerk shall promptly transmit such complaint to the
chief judge of the circuit, or, if the conduct complained of is that of
the chief judge, to that circuit judge in regular active service next
senior in date of commission (hereafter, for purposes of this subsection
only, included in the term 'chief judge'). The clerk shall
simultaneously transmit a copy of the complaint to the judge or
magistrate whose conduct is the subject of the complaint.
"(3) After expeditiously reviewing a complaint, the chief judge, by
written order stating his reasons, may--,
"(A) dismiss the complaint, if he finds it to be (i) not in
conformity with paragraph (1) of this subsection, (ii) directly
related to the merits of a decision or procedural ruling, or (iii)
frivolous; or
"(B) conclude the proceeding if he finds that appropriate
corrective action has been taken.
The chief judge shall transmit copies of his written order to the
complainant andto the judge or magistrate whose conduct is the subject
of the complaint.
"(4) If the chief judge does not enter an order under paragraph (3)
of this subsection, such judge shall promptly--,
"(A) appoint himself and equal numbers of circuit and district
judges of the circuit to a special committee to investigate the
facts and allegations contained in the complaint;
"(B) certify the complaint and any other documents pertaining
thereto each member of such committee; and
"(C) provide written notice to the complainant and the judge or
magistrate whose conduct is the subject of the complaint of the
action taken under this paragraph.
"(5) Each committee appointed under paragraph (4) of this subsection
shall conduct an investigation as extensive as it considers necessary,
and shall expeditiously file a comprehensive written report thereon with
the judicial council of the circuit. Such report shall present both the
findings of the investigation and the committee's recommendations for
necessary and appropriate action by the judicial council of the circuit.
"(6) Upon receipt of a report filed under paragraph (5) of this
subsection, the judicial council--,
"(A) may conduct any additional investigation which it
considers to be necessary;
"(B) shall take such action as is appropriate to assure the
effective and expeditious administration of the business of the
courts within the circuit, including, but not limited to, any of
the following actions:
magistrate
whose conduct is the subject of the complaint to take
such action as the judicial council considers
appropriate;
office
during good behavior whose conduct is the subject of the
complaint, pursuant to the procedures and standards
provided
under subsection (b) of this section;
// 28 USC 371. //
shall not apply;
certain,
no further cases be assigned to any judge or magistrate
whose conduct is the subject of a complaint;
appropriate
under the circumstances, except that (I) in no
circumstances
may the council order removal from office of any
judge appointed to hold office during good behavior,
and (II)
any removal of a magistrate shall be in accordance with
section 631 of this title
// 28 USC 631. //
and any removal of a bankruptcy
judge shall be in accordance with section 153 of this
title;
// 28 USC 153. //
and
"(C) shall immediately provide written notice to the
complainant and to such judge or magistrate of the action taken
under this paragraph.
"(7)(A) In addition to the authority granted under paragraph (6) of
this subsection, the judicial council may, in its discretion, refer any
complaint under this subsection, together with the record of any
associated proceedings and its recommendations for appropriate action,
to the Judicial Conference of the United States.
"(B) In any case in which the judicial council determines, on the
basis of a complaint and an investigation under this subsection, or on
the basis of information otherwise available to the council, that a
judge appointed to hold office during good behavior has engaged in
conduct--,
"(i) which might constitute one or more grounds for impeachment
under article I of the Constitution;
// USC prec. title 1. //
or
"(ii) which, in the interest of justice, is not amenable to
resolution by the judicial council,
the judicial council shall promptly certify such determination, together
with any complaint and a record of any associated proceedings, to the
Judicial Conference of the United States.
"(C) A judicial council acting under authority of this paragraph
shall, unless contrary to the interests of justice, immediately submit
written notice to the complainant and to the judge or magistrate whose
conduct is the subject of the action taken under this paragraph.
"(8) Upon referral or certification of any matter under paragraph (7)
of this subsection, the Judicial Conference, after consideration of the
prior proceedings and such additional investigation as it considers
appropriate, shall by majority vote take such action, as described in
paragraph (6)(B) of this subsection, as it considers appropriate. If the
Judicial Conference concurs in the determination of the council, or
makes its own determination, that consideration of impeachment may be
warranted, it shall so certify and transmit the determination and the
record of proceedings to the House of Representatives for whatever
action the House of Representatives considers to be necessary.
"(9)(A) In conducting any investigation under this subsection, the
judicial council, or a special committee appointed under paragraph (4)
ofthis subsection, shall have full subpoena powers as provided in
section 332(d) of this title.
"(B) In conducting any investigation under this subsection, the
Judicial Conference, or a standing committee appointed by the Chief
Justice under section 331 of this title // 28 USC 331. // shall have
full subpoena powers as provided in that section.
"(10) A complainant, judge, or magistrate aggrieved by a final order
of the chief judge under paragraph (3) of this subsection may petition
the judicial council for review thereof. A complainant, judge, or
magistrate aggrieved by an action of the judicial council under
paragraph (6) of this subsection may petition the Judicial Conference of
the United States for review thereof. The Judicial Conference, or the
standing committee established under section 331 of this title, may
grant a petition filed by a complainant, judge, or magistrate under this
paragraph. Except as expressly provided in this paragraph, all orders
and determinations, including denials of petitions for review, shall be
final and conclusive and shall not be judicially reviewable on appeal or
otherwise.
"(11) Each judicial council and the Judicial Conference may prescribe
such rules for the conduct of proceedings under this subsection,
including the processing of petitions for review, as each considers to
be appropriate. Such rules shall contain provisions requiring that--,
"(A) adequate prior notice of any investigation be given in
writing to the judge or magistrate whose conduct is the subject of
the complaint;
"(B) the judge or magistrate whose conduct is the subject of
the complaint be afforded an opportunity to appear (in person or
by counsel) at proceedings conducted by the investigating panel,
to present oral and documentary evidence, to compel the attendance
of witnesses or the production of documents, to crossexamine
witnesses, and to present argument orally or in writing; and
"(C) the complainant be afforded an opportunity to appear at
proceedings conducted by the investigating panel, if the panel
concludes that the complainant could offer substantial
information.
Any rule promulgated under this subsection shall be a matter of public
record, and any such rule promulgated by a judicial council may be
modified by the Judicial Conference.
"(12) No judge or magistrate whose conduct is the subject of an
investigation under this subsection shall serve upon a special committee
appointed under paragraph (4) of this subsection, upon a judicial
council, upon the Judicial Conference, or upon the standing committee
established under section 331 of this title, until all related
proceedings under this subsection // 28 USC 331. // have been finally
terminated
"(13) No person shall be granted the right to intervene or to appear
as amicus curiae in any proceeding before a judicial council or the
Judicial Conference under this subsection.
"(14) All papers, documents, and records of proceedings related to
investigations conducted under this subsection shall be confidential and
shall not be disclosed by any person in any proceeding unless--,
"(A) the judicial council of the circuit, the Judicial
Conference of the United States, or the Senate or the House of
Representatives by resolution, releases any such material which is
believed necessary to an impeachment investigation or trial of a
judge under article I of the Constitution;
// USC prec. title 1. //
or
"(B) authorized in writing by the judge or magistrate who is
the subject to the complaint and by the chief judge of the
circuit, the Chief Justice, or the chairman of the standing
committee established under section 331 of this title.
"(15) Each written order to implement any action under paragraph
(6)(B) of this subsection, which is issued by a judicial council, the
Judicial Conference, or the standing committee established under section
331 of this title, shall be made available to the public through the
appropriate clerk's office of the court of appeals for the circuit.
Unless contrary to the interests of justice, each such order issued
under this paragraph shall be accompanied by written reasons therefor.
"(16) Except as expressly provided in this subsection, nothing in
this subsection shall be construed to affect any other provision of this
// 28 USC app. // title, the Federal Rules of Civil Procedure, the
Federal Rules of Criminal Procedure, // 18 USC app., 28 // the Federal
Rules of Appellate Procedure, or the Federal Rules of Evidence. // 18
USC app. //
"(17) The Court of Claims, the Court of Customs and Patent Appeals,
and the Customs Court shall each prescribe rules, consistent with the
foregoing provisions of this subsection, establishing procedures for the
filing of complaints with respect to the conduct of any judge of such
court and for the investigation and resolution of such complaints. In
investigating and taking action with respect to any such complaint, each
such court shall have the powers granted to a judicial council under
this subsection.".
(b) The section heading for section 372 of title 28, United States
Code, is amended to read as follows:
" Section 372. Retirement for disability; substitute judge on
failure to retire; judicial discipline.".
(c) The item relating to section 372 in the section analysis for
chapter 17 of title 28, United States Code, is amended to read as
follows:
"372. Retirement for disability; substitute judge on failure to
retire; judicial disciline.".
Sec. 4. The fourth undesignated paragraph of section 331 of title
28, United States Code, is amended to read as follows:
" The Conference shall make a comprehensive survey of the condition
of business in the courts of the United States and prepare plans for
assignment of judges to or from circuits or districts where necessary.
It shall also submit suggestions and recommendations to the various
courts to promote uniformity of management procedures and the
expeditious conduct of court business. The Conference is authorized to
exercise the authority provided in section 372(c) of this title as the
Conference, or through a standing committee. If the Conference elects
to establish a standing committee, it shall be appointed by the Chief
Justice and all petitions for review shall be reviewed by that
committee. The Conference or the standing committee may hold hearings,
take sworn testimony, issue subpoenas and subpoenas duces tecum, and
make necessary and appropriate orders in the exercise of its autority.
Subpoenas and subpoenas duces tecum shall be issued by the clerk of the
Supreme Court or by the clerk of any court of appeals, at the direction
of the Chief Justice or his designee and under the seal of the court,
and shall be served in the manner provided in rule 45(c) of the Federal
Rules of Civil Procedure // 28 USC app. // for subpoenas and subpoenas
duces tecum issued on behalf of the United States or an officer or any
agency thereof. The Conference may also prescribe and modify rules for
the exercise of the authority provided in section 372(c) of this title.
All judicial officers and employees of the United States shall promptly
carry into effect all orders of the Judicial Conference or the standing
committee established pursuant to this section.".
Sec. 5. Section 604 of title 28, United States Code, is amended by
adding at the end the following new subsection:
"(h)(1) The Director shall, out of funds appropriated for the
operation and maintenance of the courts, provide facilities and pay
necessary expenses incurred by the judicial councils of the circuits and
the Judicial Conference under section 372 of this title, // 28 USC 372.
// including mileage allowance and witness fees, at the same rate as
provided in section 1821 of this title. // 28 USC 1821. //
Administrative and professional assistance from the Administrative
Office of the United States Courts may be requested by each judicial
council and the Judicial Conference for purposes of discharging their
duties under section 372 of this title.
"(2) The Director of the Administrative Office of the United States
Courts shall include in his annual report filed with the Congress under
this section a summary of the number of complaints filed with each
judicial council under section 372(c) of this title, indicating the
general nature of such complaints and the disposition of those
complaints in which action has been taken.".
Sec. 6. There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. // 28 USC 331 //
Sec. 7. This Act // 28 USC 331 // shall become effective on October
1, 1981.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1313 accompanying H.R. 7974 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 362 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 30, considered and passed Senate.
Vol. 126 (1980): Sept. 15, H.R. 7974 considered and passed
House; passage vacated and S. 1873, amended, passed in lieu.
Sept. 30, Senate concurred in House amendments with amendments.
Oct. 1, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 42 (1980): Oct. 15, Presidential statement.
PUBLIC LAW 96-457, 94 STAT. 2032
Interior with respect to water
resources research and development and saline water
conversion research and
development programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 401(a) of
the Water Research and Development Act of 1978 (Public Law 95 - 467; 92
Stat. 1305) // 42 USC 7872. // is amended as follows:
(a) In paragraph (1) following " September 30, 1980", delete the
period, insert a comma, and add "an amount sufficient to provide
$150,000 to each participating institute, on a cost-sharing basis, for
the fiscal year ending September 30, 1981, and an amount sufficient to
provide $160,000 to each participating institute, on a cost-sharing
basis, for the fiscal year ending September 30, 1982.";
(b) In paragraph (2) following " September 30, 1980," insert "the sum
of $1,000,000 for the fiscal year ending September 30, 1981, and the sum
of $1,000,000 for the fiscal year ending September 30, 1982,".
Sec. 2. (a) Section 401 of the Water Research and Development Act of
1978 (Public Law 95 - 467; 92 Stat. 1305) is further amended as
follows:
(1) in subsection (b) following "$8,500,000," insert "the sum
of $8,000,000 for the fiscal year ending September 30, 1981, and
the sum of $9,000,000 for the fiscal year ending September 30,
1982,";
(2) in subsection (c) following "$8,000,000" insert a comma and
add "the sum of $5,200,000 for the fiscal year ending September
30, 1981, and the sum of $8,000,000 for the fiscal year ending
September 30, 1982,"; and
(3) in subsection (d) following "$1,000,000" insert a comma and
add "for the fiscal year ending September 30, 1981, and
thereafter, the sum of $1,000,000,".
(b) The Water Research and Development Act of 1978 (Public Law 95 -
467; 92 Stat. 1305) // 42 USC 7873. // is further amended as follows:
(1) in section 402, following "$14,000,000," insert "the sum of
$14,000,000 for the fiscal year ending September 30, 1981, and the
sum of $17,400,000 for the fiscal year ending September 30,
1982,";
(2) in section 403,
// 42 USC 7874. //
following " September 30, 1980," insert "the sum of $6,500,000 for
the fiscal year ending September 30, 1981, and the sum of
$8,500,000 for the fiscal year ending September 30, 1982,"; and
(3) in section 411,
// 42 USC 7882. // following the word "rules" strike from the
word "regulations" through the word "prescribed" and substitute
"and regulations promulgated".
Sec. 3. (a) Subsection 2(a) of the Act of August 2, 1977 (Public Law
95 - 84; 91 Stat. 400), // 42 USC 7836. // as amended, is amended to
read as follows:
"(a) The Secretary of the Interior is authorized and directed to
demonstrate the engineering and economic viability of membrane and
phase-change desalting processes. Such demonstrations shall include the
study, design, construction, operation, and maintenance of desalting
plants at locations in the United States (which may include the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the
Virgin Islands, the Mariana Islands, and the Trust Territory of the
Pacific Islands): Provided, That at least two such plants shall
demonstrate desalting of brackish ground water: And provided further,
That the plants constructed pursuant to this section shall be for the
purpose of showing that the technology being demonstrated is ready for
application; such plants shall be sufficient to demonstrate the
specific application of the technology, and shall be significantly
different in operation and process so as not to duplicate any other
demonstration plant constructed pursuant to this section. The Secretary
is further authorized to conduct such demonstrations or any portion
thereof by means of cooperative agreements (as defined and authorized by
41 U.S.C. 504 et seq. (the Federal Grant and Cooperative Agreement Act
of 1977; Public Law 95 - 224)) with duly authorized non-Federal public
entities. Title to demonstration facilities constructed by the
non-Federal public entity under a cooperative agreement shall vest in
the non-Federal public entity.".
(b) Subsection 2(b) of the Act of August 2, 1977 (Public Law 95 - 84;
91 Stat. 400), // 42 USC 7836. // as amended, is amended by inserting
after "but is not limited to," the phrase, "how the plant being proposed
differs from others, if any, already constructed under this section,"
and further, by deleting all after "ancillary facilities" and inserting
the following: " Such report shall be accompanied by a proposed
contract (or cooperative agreement) between the Secretary and a duly
authorized non-Federal entity, in which such entity shall agree to
provide not less than 15 per centum and not more than 35 per centum of
the toal cost of the demonstration; such cost to include, without being
limited to, necessary water rights, water supplies, rights-of-way, power
source interconnections, brine disposal facilities, land, construction,
ancillary facilities, and the operation and maintenance costs for a
period of four years following final acceptance of the construction of
the plant from the plant contractor. The contributions of the
non-Federal entity under such proposed contract may be in-kind. During
the participation by the Secretary in the construction and the operation
and maintenance of such demonstration, access to the demonstration and
its operating data will not be denied to the Secretary or his
representatives. The period of participation by the Secretary in the
operation and maintenance of any such demonstration shall be four years.
The Secretary is authorized to include in the proposed contract a
provision for conveying, as appropriate, and in such amounts as are
appropriate, rights, title, and interest of the Federal Government in
the demonstration project to the non-Federal public entity.".
(c) Subsection 2(c) of the Act of August 2, 1977 (Public Law 95 - 84;
91 Stat. 400), is amended to read as follows:
"(c) There is authorized to be appropriated, to remain available
until expended, for the fiscal year ending September 30, 1978, and
thereafter, the sum of $50,000,000 to finance the total Federal share of
the cost of the demonstration plants authorized by this section; such
cost to include, without being limited to, necessary water rights, water
supplies, rights-of-way, power source interconnections, brine disposal
facilities, land, construction, ancillary facilities, and the operation
and maintenance costs for the four-year period of Federal participation
in such costs.".
(d) At the end of section 2 of the Act of August 2, 1977 (Public Law
95 - 84; 91 Stat. 400), // 42 USC 7836. // as amended, add the
following new subsection:
"(d) When appropriations have been made for the commencement or
continuation of design, construction, or operation and maintenance of
any demonstration plant authorized under this Act, the Secretary may, in
connection with such design, construction, or operation and maintenance,
enter into contracts and cooperative agreements for miscellaneous
services, for materials and supplies, as well as for construction, which
may cover such periods of time as the Secretary may consider necessary
but in which the liability of the Unitd States shall be contingent upon
appropriations being made therefor.".
Sec. 4. Section 205(c) of the Water Research and Development Act of
1978 (Public Law 95 - 467; 92 Stat. 1305) // 42 USC 7836 // is hereby
repealed.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 989 accompanying H.R. 5340 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 96 - 773 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 3, considered and passed Senate.
Sept. 22, 23, H.R. 5340 considered and passed House; passage
vacated and S. 1640, amended, passed in lieu.
Sept. 24, Senate concurred in House amendment with an
amendment.
Sept. 30, House concurred in Senate amendment.
PUBLIC LAW 96-456, 94 STAT. 2025, CLASSIFIED INFORMATION PROCEDURES
ACT
procedures for criminal cases
involving classified information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) " Classified information", as used in this Act, // 18
USC app. // means any information or material that has been determined
by the United States Government pursuant to an Executive order, statute,
or regulation, to require protection against unauthorized disclosure for
reasons of national security and any restricted data, as defined in
paragraph r. of section 11 of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)).
(b) " National security", as used in this Act, means the national
defense and foreign relations of the United States.
Sec. 2. // 18 USC app. // At any time after the filing of the
indictment or information, any party may move for a pretrial conference
to consider matters relating to classified information that may arise in
connection with the prosecution. Following such motion, or on its own
motion, the court shall promptly hold a pretrial conference to establish
the timing of requests for discovery, the provision of notice required
by section 5 of this Act, and the initiation of the procedure
established by section 6 of this Act. In addition, at the pretrial
conference the court may consider any matters which relate to classified
information or which may promote a fair and expeditious trial. No
admission made by the defendant or by any attorney for the defendant at
such a conference may be used against the defendant unless the admission
is in writing and is signed by the defendant and by the attorney for the
defendant.
Sec. 3. Upon motion of the United States, the court shall issue an
order to protect against the disclosure of any classified information
disclosed by the United States to any defendant in any criminal case in
a district court of the United States.
Sec. 4. // 18 USC app. // The court, upon a sufficient showing, may
authorize the United STATES to delete specified items of classified
information from documents to be made available to the defendant through
discovery under the Federal Rules of Criminal Procedure, to substitute a
summary of the information for such classified documents, or to
substitute a statement admitting relevant facts that the classified
information would tend to prove. The court may permit the United States
to make a request for such authorization in the form of a written
statement to be inspected by the court alone. If the court enters an
order granting relief following such an ex parte showing, the entire
text of the statement of the United States shall be sealed and preserved
in the records of the court to be made available to the appellate court
in the event of an appeal.
CLASSIFIED
INFORMATION
Sec. 5. // 18 USC app. // (a) Notice By Defendant.-If a defendant
reasonably expects to disclose or to cause the disclosure of classified
information in any manner in connection with any trial or pretrial
proceeding involving the criminal prosecution of such defendant, the
defendant shall, within the time specified by the court or, where no
time is specified, within thirty days prior to trial, notify the
attorney for the United States and the court in writing. Such notice
shall include a brief description of the classified information.
Whenever a defendant learns of additional classified information he
reasonably expects to disclose at any such proceeding, he shall notify
the attorney for the United States and the court in writing as soon as
possible thereafter and shall include brief description of the
classified information. No defendant shall disclose any information
known or believed to be classified in connection with a trial or
pretrial proceeding until notice has been given under this subsection
and until the United States has been afforded a reasonable opportunity
to seek a determination pursuant to the procedure set forth in section 6
of this Act, and until the time for the United States to appeal such
determination under section 7 has expired or any appeal under section 7
by the United States is decided.
(b) Failure To Comply.-If the defendant fails to comply with the
requirements of subsection (a) the court may preclude disclosure of any
classified information not made the subject of notification and may
prohibit the examination by the defendant of any witness with respect to
any such information.
Sec. 6. // 18 USC app. // (a) Motion for Hearing.-Within the time
specified by the court for the filing of a motion under this section,
the United States may request the court to conduct a hearing to make all
determinations concerning the use, relevance, or admissibility of
classified information that would otherwise be made during the trial or
pretrial proceeding. Upon such a request, the court shall conduct such
a hearing. Any hearing held pursuant to this subsection (or any portion
of such hearing specified in the request of the Attorney General) shall
be held in camera if the Attorney General certifies to the court in such
petition that a public proceeding may result in the disclosure of
classified information.. As to each item of classified information, the
court shall set forth in writing the basis for its determination. Where
the United States' motion under this subsection is filed prior to the
trial or pretrial proceeding, the court shall rule prior to the
commencement of the relevant proceeding.
(b) Notice.--(1) Before any hearing is conducted pursuant to a
request by the United States under subsection (a), the United States
shall provide the defendant with notice of the classified information
that is at issue. Such notice shall identify the specific classified
information at issue whenever that information previously has been made
available to the defendant by the United States. When the United States
has not previously made the information available to the defendant in
connection with the case, the information may be described by generic
category, in such form as the court may approve, rather than by
identification of the specific information of concern to the United
States.
(2) Whenever the United States request a hearing under subsection
(a), the court, upon request of the defendant, may order the United
States to provide the defendant, prior to trial, such details as to the
portion of the indictment or information at issue in the hearing as are
needed to give the defendant fair notice to prepare for the hearing.
(c) Alternative Procedure for Disclosure of Classified Information.
(1) Upon any determination by the court authorizing the disclosure of
specific classified information under the procedures established by this
section, the United States may move that, in lieu of the disclosure of
such specific classified information, the court order--,
(A) the substitute for such classified information of a
statement admitting relevant facts that the specific classified
information would tend to prove; or
(B) the substitution for such classified information of a
summary of the specific classified information.
The court shall grant such a motion of the United States if it finds
that the statement or summary will provide the defendant with
substantially the same ability to make his defense as would disclosure
of the specific classified information. The court shall hold a hearing
on any motion under this section. Any such hearing shall be held in
camera at the request of the Attorney General.
(2) The United States may, in connection with a motion under
paragraph (1), submit to the court an affidavit of the Attorney General
certifying that disclosure of classified information would cause
identifiable damage to the national security of the United States and
explaining the basis for the classification of such information. If so
requested by the United States, the court shall examine such affidavit
in camera and ex parte.
(d) Sealing of Records of In Camera Hearings.-If at the close of an
in camera hearing under this Act (or any portion of a hearing under this
Act that is held in camera) the court determines that the classified
information at issue may not be disclosed or elicited at the trial or
pretrial proceeding, the record of such in camera hearing shall be
sealed and preserved by the court for use in the event of an appeal.
The defendant may seek reconsideration of the court's determination
prior to or during trial.
(e) PROHIBITION on Disclosure of Classified Information by Defendant,
Relief for Defendant When United States Opposes Disclosure.-(1) Whenever
the court denies a motion by the United States that it issue an order
under subsection (c) and the United States files with the court an
affidavit of the Attorney General objecting to disclosure of the
classified information at issue, the court shall order that the
defendant not disclose or cause the disclosure of such information.
(2) Whenever a defendant is prevented by an order under paragraph (1)
from disclosing or causing the disclosure of classified information, the
court shall dismiss the indictment or information; except that, when
the court determines that the interests of justice would not be served
by dismissal of the indictment or information, the court shall order
such other action, in lieu of dismissing the indictment or information,
as the court determines is appropriate. Such action may include, but
need not be limited to--,
(A) dismissing specified counts of the indictment or
information;
(B) finding against the United States on any issue as to which
the excluded classified information relates; or
(C) striking or precluding all or part of the testimony of a
witness.
An order under this paragraph shall not take effect until the court has
afforded the United States an opportunity to appeal such order under
section 7, and thereafter to withdraw its objection to the disclosure of
the classified information at issue.
(f) Reciprocity.-Whenever the court determines pursuant to subsection
(a) that classified information may be disclosed in connection with a
trial or pretrial proceeding, the court shall, unless the interests of
fairness do not so require, order the United States to provide the
defendant with the information it expects to use to rebut the classified
information. The court may place the United States under a continuing
duty to disclose such rebuttal information. If the United States fails
to comply with its obligation under this subsection, the court may
exclude any evidence not made the subject of a required disclosure and
may prohibit the examination by the United States of any witness with
respect to such information.
Sec. 7. // 18 USC app. // (a) An interlocutory appeal by the United
States taken before or after the defendant has been placed in jeopardy
shall lie to a court appeals from a decision or order of a district
court in a criminal case authorizing the disclosure of classified
information, imposing sanctions for nondisclosure of classified
information, or refusing a protective order sought by the United States
to prevent the disclosure of classified information.
(b) An appeal taken pursuant to this section either before or during
trial shall be expedited by the court of appeals. Prior to trial, an
appeal shall be taken within ten days after the decision or order
appealed from and the trial shall not commence until the appeal is
resolved. If an appeal is taken during trial, the trial court shall
adjourn the trial until the appeal is resolved and the court of appeals
(1) shall hear argument on such appeal within four days of the
adjournment of the trial, (2) may dispense with written briefs other
than the supporting materials previously submitted to the trial court,
(3) shall render its decision within four days of argument on appeal,
and (4) may dispense with the issuance of a written opinion in rendering
its decision. Such appeal and decision shall not affect the right of
the defendant, in a subsequent appeal from a judgment of conviction, to
claim as error reversal by the trial court on remand of a ruling
appealed from during trial.
Sec. 8. // 18 USC app. // (a) Classified Status.-Writings,
recordings, and photographs containing classified information may be
admitted into evidence without change in their classification status.
(b) Precautions by Court.-The court, in order to prevent unnecessary
disclosure of classified information involved in any criminal
proceeding, may order admission into evidence of only part of a writing,
recording, or photograph, or may order admission into evidence of the
whole writing, recording, or photograph with excision of some or all of
the classified information contained therein, unless the whole ought in
fairness be considered.
(c) Taking of Testimony.-During the examination of a witness in any
criminal proceeding, the United States may object to any question or
line of inquiry that may require the witness to disclose classified
information not previously found to be admissible. Following such an
objection, the court shall take such suitable action to determine
whether the response is admissible as will safeguard against the
compromise of any classified information. Such action may include
requiring the United States to provide the court with a proffer of the
witness' response to the question or line of inquiry and requiring the
defendant to provide the court with a proffer of the nature of the
information he seeks to elicit.
Sec. 9. (a) Within one hundred and twenty days of the date of the
enactment of this Act, // 18 USC app. // the Chief Justice of the
United States, in consultation with the Attorney General, the Director
of Central Intelligence, and the Secretary of Defense, shall prescribe
rules establishing procedures for the protection against unauthorized
disclosure of any classified information in the custody of the United
States district courts, courts of appeal, or Supreme Court. Such rules,
and any changes in such rules, shall be submitted to the appropriate
committees of Congress and shall become effective forty-five days after
such submission.
(b) Until such time as rules under subsection (a) first become
effective, the Federal courts shall in each case involving classified
information adopt procedures to protect against the unauthorized
disclosure of such information.
NATIONAL DEFENSE
Sec. 10. // 18 USC app. // In any prosecution in which the United
States must establish that material relates to the national defense or
constitutes classified information, the United States shall notify the
defendant, within the time before trial specified by the court, of the
portions of the material that it reasonably expects to rely upon to
establish the national defense or classified information element of the
offense.
Sec. 11. Sections 1 through 10 of this Act // 18 USC app. // may be
amended as provided in section 2076, title 28, United States Code.
Sec. 12. (a) Within one hundred and eighty days of enactment of this
Act, // 18 USC app. // the Attorney General shall issue guidelines
specifying the factors to be used by the Department of Justice in
rendering a decision whether to prosecute a violation of Federal law in
which, in the judgment of the Attorney General, there is a possibility
that classified information will be revealed. Such guidelines shall be
transmitted to the appropriate committees of Congress.
(b) When the Department of Justice decides not to prosecute a
violation of Federal law pursuant to subsection (a), an appropriate
official of the Department of Justice shall prepare written findings
detailing the reasons for the decision not to prosecute. The findings
shall include--,
(1) the intelligence information which the Department of
Justice officials believe might be disclosed,
(2) the purpose for which the information might be disclosed,
(3) the probability that the information would be disclosed,
and
(4) the possible consequences such disclosure would have on the
national security.
Sec. 13. // 18 USC app. // (a) Consistent with applicable
authorities and duties, including those conferred by the Constitution
upon the executive and legislative branches, the Attorney General shall
report orally or in writing semiannually to the Permanent Select
Committee on Intelligence of the United States House of Representatives,
the Select Committee on Intelligence of the United States Senate, and
the chairmen and ranking minority members of the Committees on the
Judiciary of the Senate and House of Representatives on all cases where
a decision not to prosecute a violation of Federal law pursuant to
section 12(a) has been made.
(b) The Attorney General shall deliver to the appropriate committees
of Congress a report concerning the operation and effectiveness of this
Act and including suggested amendments to this Act. For the first three
years this Act is in effect, there shall be a report each year. After
three years, such reports shall be delivered as necessary.
DEPUTY
ATTORNEY GENERAL OR A DESIGNATED ASSISTANT
ATTORNEY GENERAL
Sec. 14. // 18 USC app. // The functions and duties of the Attorney
General under this Act may be exercised by the Deputy Attorney General
or by an Assistant Attorney General designated by the Attorney General
for such purpose and may not be delegated to any other official.
Sec. 15. // 18 USC app. // The provisions of this Act shall become
effective upon the date of the enactment of this Act, but shall not
apply to any prosecution in which an indictment or information was filed
before such date.
Sec. 16. That this Act may be cited as the " Classified Information
Procedures Act".
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 831, Pt. I accompanying H.R. 4736 (Permanent
Select
Comm. on Intelligence), No. 96 - 831, Pt. 2 accompanying H.R.
4736 (Comm. on the Judiciary), and No. 96 - 1436 (Comm. of
Conference).
SENATE REPORT No. 96 - 823 (Comm. on Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 25, considered and passed Senate.
Sept. 22, H.R. 4736 considered and passed House; passage
vacated and S. 1482, amended, passed in lieu.
Sept. 30,, Senate agreed to conference report.
Oct. 2, House agreed to conference report.
PUBLIC LAW 96-455, 94 STAT. 2024
amended, entitled " An Act to
provide for the registration and protection of
trade-marks used in commerce,
to carry out the provisions of certain international
conventions, and for other
purposes.".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 17 of the
Act of July 5, 1946, entitled " An Act to provide for the registration
and protection of trade-marks used in commerce, to carry out the
provisions of certain international conventions, and for other purposes"
(60 Stat. 434), as amended August 8, 1958 (72 Stat. 540), and January 2,
1975 (88 Stat. 1949), 15 U.S.C. 1067, is amended by deleting the second
sentence and substituting therefor: " The Trademark Trial and Appeal
Board shall include the Commissioner, the Deputy Commissioner, the
Assistant Commissioners, and members appointed by the Commissioner.
Employees of the Patent and Trademark Office and other persons, all of
whom shall be competent in trademark law, shall be eligible for
appointment as members.".
Sec. 2. This amendment // 15 USC 1067 // shall become effective on
the date of its enactment. Members of the Trademark Trial and Appeal
Board on the date of enactment shall continue to be members under and in
accordance with the provisions of section 17 of the Act of July 5, 1946,
as amended, in effect immediately preceding the date of enactment.
Approved October 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1419 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 30, considered and passed House and Senate.
PUBLIC LAW 96-454, 94 STAT. 2011, HOUSEHOLD GOODS TRANSPORTATION ACT
OF 1980
household goods moving
industry, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That this Act // 49 USC 10101 // may be cited as the " Household
Goods Transportation Act of 1980".
Sec. 2. (a) The Congress hereby finds--,
(1) that a safe, stable, and financially sound system of
transportation of household goods by motor common carriers is
vital to the maintenance of a strong national economy and a strong
national defense;
(2) that the best means of assuring such a system is through
competition and reduced regulation;
(3) that maximum flexibility on the part of the carriers in the
pricing of their services best serves the shippers of household
goods and allows a variety of quality and price options to meet
market demands; and
(4) that the interest of individual shippers can be best
protected by allowing carriers of household goods maximum
flexibility in serving the needs of their shippers, by providing
accurate and complete information concerning carriers' performance
and individual shippers' rights and remedies, by reducing the
amount of unnecessary regulations, and by strengthening remedies
for violations of those regulations that are necessary for
protection of individual shippers.
(b) The appropriate authorizing committees of Congress shall conduct
periodic oversight hearings on the effects of this legislation, no less
than annually for the first 5 years following the date of enactment of
this Act, to ensure that this Act is being implemented according to
congressional intent and purpose.
Sec. 3. (a) Section 10102 of title 49, United States Code, is
amended--,
(1) by inserting after paragraph (9) the following new
paragraph:
"(10) 'household goods' means--,
a
dwelling when a part of the equipment or supply of such
dwelling and such other similar property as the
Commission
may provide by regulation; except that this
subparagraph
shall not be construed to include property moving from a
factory or store, except such property as the
householder has
purchased with intent to use in his dwelling and which
is
transported at the request of, and the transportation
charges
paid to the carrier by, the householder;
other
establishments when a part of the stock, equipment, or
supply of such stores, offices, museums, institutions,
hospitals,
or other establishments and such other similar property
as the Commission may provide by regulation; except
that
this subparagraph shall not be construed to include the
stock-in-trade of any establishment, whether consignor
or
consignee, other than used furniture and used fixtures,
except when transported as incidental to moving of the
establishment, or a portion thereof, from one location
to
another; and
exhibits,
which because of their unusual nature or value require
the specialized handling and equipment usually employed
in
moving household goods and such other similar articles
as
the Commission may provide by regulation; except that
this
subparagraph shall not be construed to include any
article,
whether crated or uncrated, which does not, because of
its
unusual nature or value, require the specialized
handling
and equipment usually employed in moving household
goods. "; and
(2) by redesignating paragraphs (10) through (28) of such
section, and any references thereto, as paragraphs (11) through
(29), respectively.
(b)(1) Section 250(a)(1) of the Internal Revenue Code of 1954 // 26
USC 250. // is amended by striking out "10102(17)" and inserting in
lieu thereof "10102(18)".
(2) Section 5201(5) of title 39, United States Code, is amended by
striking out "10102(11)" and inserting in lieu thereof "10102(12)".
Sec. 4. (a) Chapter 107 of title 49, United States Code, is amended
by inserting after section 10733 the following new section:
" Section 10734. // 49 USC 10734. // Household goods
rates-estimates; guarantees of service
"(a)(1) Subject to the provisions of paragraph (2) of this
subsection, a motor common carrier providing transportation of household
goods subject to the jurisdiction of the Commission under subchapter II
of chapter 105 of this title // 49 USC 10521. // may, subject to the
provisions of this chapter (including the general tariff requirements of
section 10762 of this title), // 49 USC 10762. // establish a rate for
the transportation of household goods which is based on the carrier's
written, binding estimate of charges for providing such transportation.
"(2) Any rate established under this subsection must be available on
a nonpreferential basis to shippers and must not result in charges to
shippers which are predatory.
"(b)(1) Subject to the provisions of paragraph (2) of this
subsection, a motor common carrier providing transportation of household
goods subject to the jurisdiction of the Commission under subchapter II
of chapter 105 of this title // 49 USC 10521. // may, subject to the
provisions of this chapter (including the general tariff requirements of
section 10762 of this title), // 49 USC 10762. // establish rates for
the transportation of household goods which guarantee that the carrier
will pick up and deliver such household goods at the times specified in
the contract for such services and provide a penalty or per diem payment
in the event the carrier fails to pick up or deliver such household
goods at the specified time. The charges, if any, for such guarantee
and penalty provision may vary to reflect one or more options available
to meet a particular shipper's needs but must be contained in the tariff
the carrier publishes for such service under this title.
"(2) Before a carrier may establish a rate for any service under
paragraph (1) of this subsection, the Commission may require such
carrier to have in effect and keep in effect, during any period such
rate is in effect under such paragraph, a rate for such service which
does not guarantee the pick up and delivery of household goods at the
times specified in the contract for such services and which does not
provide a penalty or per diem payment in the event the carrier fails to
pick up or deliver household goods at the specified time.".
(b) The analysis for chapter 107 of title 49, United States Code, is
amended by inserting
"10734. Household goods rates-estimates; guarantees of service."
after
"10733. Rates for transportation of recyclable materials.".
Sec. 5. (a)(1) Chapter 109 of title 49, United States Code, is
amended by inserting after section 10933 the following new section:
" Section 10934. // 49 USC 10934. // Household goods agents
"(a) Each motor common carrier providing transportation of household
goods subject to the jurisdiction of the Commission under subchapter II
of chapter 105 of this title // 49 USC 10521. // shall be responsible
for all acts or omissions of any of its agents which relate to the
performance of of household goods transportation services (including
accessorial or terminal services) subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title and which
are within the actual or apparent authority of the agent from the
carrier or which are ratified by the carrier.
"(b) Each motor common carrier providing transportation of household
goods subject to the jurisdiction of the Commission under subchapter II
of chapter 105 of this title shall use due diligence and reasonable care
in selecting and maintaining agents who are sufficiently knowledgeable,
fit, willing, and able to provide adequate household goods
transportation services (including accessorial and terminal services)
and to fulfill the obligations imposed upon them by this subtitle and by
such carrier.
"(c)(1) Whenever the Commission has reason to believe from a
complaint or investigation that an agent providing household goods
transportation services (including accessorial and terminal services)
under the authority of a motor common carrier providing transportation
of household goods subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title // 49 USC 10521. // has
violated section 11901(j) or 11917 of this title or is consistently not
fit, willing, and able to provide adequate household goods
transportation services (including accessorial and terminal services),
it may issue to such agent a complaint stating the charges and
containing notice of the time and place of a hearing which shall be held
no later than 60 days after service of the complaint to such agent.
"(2) Such agent shall have the right to appear at such hearing and
rebut the charges contained in the complaint.
"(3) If such person does not appear at the hearing or if the
Commission finds that the agent has violated section 11901(j) or 11917
of this title or is consistently not fit, willing, and able to provide
adequate household goods transportation services (including accessorial
and terminal services), it may issue an order to compel compliance with
the requirement that the agent be fit, willing, and able. Thereafter,
the Commission may issue an order to limit, condition, or prohibit such
agent from any involvement in the transportation or provision of
services incidental to the transportation of household goods subject to
the jurisdiction of the Commission under subchapter II of chapter 105 of
this title // 49 USC 10521. // if, after notice and an opportunity for
a hearing, it finds that such agent, within a reasonable time after the
date of issuance of a compliance order under this section, but in no
event less than 30 days after such date of issuance, has willfully
failed to comply with such order.
"(4) Upon filing of a petition with the Commission by an agent who is
the subject of an order issued pursuant to the second sentence of
paragraph (3) of this subsection and after notice, a hearing shall be
held with an opportunity to be heard. At such hearing, a determination
shall be made whether the order issued pursuant to paragraph (3) of this
subsection should be rescinded.
"(5) Any agent adversely affected or aggrieved by an order of the
Commission issued under this subsection may seek relief in the
appropriate United States court of appeals as provided by and in the
manner prescribed in chapter 158 of title 28, United States Code. // 28
USC 2341 //
"(d) The antitrust laws, as defined in the first section of the
Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements
between a motor common carrier providing transportation of household
goods subject to the jurisdiction of the Commission under subchapter II
of chapter 105 of this title // 49 USC 10521. // and its agents
(whether or not an agent is also a carrier) related solely to (1) rates
for the transportation of household goods under the authority of the
principal carrier, (2) accessorial, terminal, storage, or other charges
for services incidental to the transportation of household goods
transported under the authority of the principal carrier, (3) allowances
relating to transportation of household goods under the authority of the
principal carrier, and (4) ownership of a motor common carrier providing
transportation of household goods subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title by an agent
or membership on the board of directors of any such motor common carrier
by an agent.".
(2) The analysis for chapter 109 of title 49, United States Code, is
amended by inserting
"10934. Household goods agents." after
"10933. Authorizing abandonment of freight forwarder service.".
(b) Section 10322(a) of title 49, United States Code, is amended--,
(1) by inserting ", or section 10934" before the period at the
end of the first sentence; and
(2) by inserting "10934(c)," after "10928,".
(c) Subsection (b) of section 11342 of title 49, United States Code,
is amended by inserting "(1)" after "(b)" and by adding at the end of
such subsection the following new paragraphs:
"(2) In the case of an application for Commission approval of an
agreement or combination between a motor common carrier providing
transportation of household goods and its agents to pool or divide
traffic or services or any part of their earnings, such agreement or
combination shall be presumed to be in the interest of better service to
the public and of economy in operation and not to restrain competition
unduly if the practices proposed to be carried out under such agreement
or combination are the same as or similar to practices carried out under
agreements and combinations between motor common carriers providing
transportation of household goods to pool or divide traffic or services
or any part of their earnings approved by the Commission before the date
of enactment of this paragraph.
"(3) The Commission shall streamline, simplify, and expedite, to the
maximum extent practicable, the process (including, but not limited to,
any paperwork) for submission and approval of applications under this
section for agreements and combinations between motor common carriers
providing transportation of household goods and their agents.".
Sec. 6. (a)(1) Chapter 111 of title 49, United States Code, is
amended by inserting after section 11109 the following new section:
" Section 11110. // 49 USC 11110. // Household goods carrier
operations
"(a)(1) The regulations and paperwork required of motor common
carriers providing transportation of household goods subject to the
jurisdiction of the Commission under subchapter II of chapter 105 of
this title // 49 USC 10521. // shall be minimized to the maximum extent
feasible consistent with the protection of individual shippers.
"(2) The Interstate Commerce Commission may issue regulations,
including regulations protecting individual shippers, in order to carry
out this subtitle // 49 USC 10101. // with respect to the
transportation of household goods by motor common carrier.
"(3) Regulations of the Commission protecting individual shippers
shall include, where appropriate, reasonable performance standards for
the transportation of household goods subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title. // 49 USC
10521. // In establishing performance standards under this paragraph,
the Commission shall take into account at least the following:
"(A) the level of performance that can be achieved by a
wellmanaged motor common carrier transporting household goods;
"(B) the degree of harm to individual shippers which could
result from a violation of the regulation;
"(C) the need to set the level of performance at a level
sufficient to deter abuses which result in harm to consumers and
violations of regulations;
"(D) service requirements of the carriers;
"(E) the cost of compliance in relation to the consumer
benefits to be achieved from such compliance; and
"(F) the need to set the level of performance at a level
designed to encourage carriers to offer service responsive to
shipper needs.
"(4) Nothing in this section shall be construed to limit the
Commission's authority to require reports from motor common carriers
providing transportation of household goods or to require such carriers
to provide specified information to consumers concerning their past
performance.
"(b)(1) Every motor common carrier providing transportation of
household goods subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title // 49 USC 10521. // may,
upon request of a prospective shipper, provide the shipper with an
estimate of charges for transportation of household goods and for the
proposed services. The Commission shall not prescribe specific formulas,
forms, methods, or techniques for providing a prospective shipper with
such an estimate. The Commission shall not prohibit any such carrier
from charging a prospective shipper for providing a written, binding
estimate for the transportation and proposed services, nor shall the
Commission require the final charges to a shipper to be based on an
estimate.
"(2) Any charge for an estimate of charges provided by a motor common
carrier to a shipper for transportation of household goods subject to
the jurisdiction of the Commission under subchapter II of chapter 105 of
this title // 49 USC 10521. // shall be subject to the antitrust laws,
as defined in the first section of the Clayton Act (15 U.S.C. 12).
"(c) The Commission shall issue regulations that provide motor
carriers providing transportation of household goods subject to the
jurisdiction of the Commission under subchapter II of chapter 105 of
this title // 49 USC 10521. // with the maximum possible flexibility in
weighing shipments, consistent with assurance to the shipper of accurate
weighing practices. The Commission shall not prohibit such carriers
from backweighing shipments or from basing their charges on the reweigh
weights if the shipper observes both the tare and gross weighings (or,
prior to such weighings, waives in writing the opportunity to observe
such weighings) and such weighings are performed on the same scale.".
(2) The analysis for chapter 111 of title 49, United States Code, is
amended by inserting
"11110. Household goods carrier operations." after
"11109. Loading and unloading motor vehicles.".
(b)(1) Not later than sixty days after the date of enactment of this
Act, // 49 USC 11110 // the Interstate Commerce Commission shall
institute a rulemaking proceeding in which it shall review and revise
all of its operational regulations pertaining to transportation of
household goods to carry out the purposes of section 11110(a) of title
49, United States Code.
(2) The Interstate Commerce Commission shall conclude the rulemaking
proceeding required by this subsection within two hundred and seventy
days after the date of enactment of this Act.
(3) To the maximum extent feasible, the provisions of this section,
including the amendments made by this section, shall apply to rules and
regulations pertaining to transportation of household goods for the
United States Government issued by departments, agencies, and
instrumentalities of the United States (other than the Interstate
Commerce Commission), including rules and regulations established for
the distribution of such traffic, to the same extent as such provisions
apply to rules and regulations issued by the Interstate Commerce
Commission.
Sec. 7. (a)(1) Chapter 117 of title 49, United States Code, is
amended by inserting after section 11710 the following new section:
" Section 11711. // 49 USC 11711. // Dispute settlement program for
household goods carriers
"(a)(1) One or more motor common carriers providing transportation of
household goods subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title // 49 USC 10521. // who want
to establish a program to settle disputes between such carriers and
shippers of household goods concerning the transportation of household
goods may submit an application for establishing such program to the
Commission. Such application shall be in such form and contain such
information as the Commission may, by regulation, require. The
Commission shall review and approve, in accordance with the provisions
of this section, each application submitted under this subsection.
"(2) The Commission shall approve, at least within 45 days of its
filing, any application to establish a program for settling disputes
concerning the transportation of household goods which meets the
requirements of subsection (b) of this section.
"(3) The Commission may investigate at any time the functioning of
any program approved under this section and, after notice and an
opportunity for a hearing, may suspend or revoke its approval for
failure to meet the requirements of this section and such regulations as
the Commission may issue to carry out the provisions of this section.
"(b) No program for settling disputes concerning the transportation
of household goods may be approved under this section unless the program
is a fair and expeditious method for settling such disputes and complies
with each of the following requirements and such regulations as the
Commission may issue:
"(1) The program is designed to prevent a carrier from having
any special advantage in any case in which the claimant resides or
does business at a place distant from the carrier's principal or
other place of business.
"(2) The program provides for adequate notice of the
availability of such program, including a concise easy-to-read,
accurate summary of the program and disclosure of the legal
effects of election to utilize the program. Such notice must be
given to persons for whom household goods are to be transported by
the carrier before such goods are tendered to the carrier for
transportation.
"(3) Upon request of a shipper, the carrier must promptly
provide such forms and other information as are necessary for
initiating an action under the program to resolve a dispute.
"(4) Each person, authorized pursuant to the program to
arbitrate or otherwise settle disputes, must be independent of the
parties to the dispute and must be capable, as determined under
such regulations as the Commission may issue, to resolve such
disputes fairly and expeditiously. The program must ensure that
each person chosen to settle the disputes is authorized and able
to obtain from the shipper or carrier any material and relevant
information to the extent necessary to carry out a fair and
expeditious decisionmaking process.
"(5) No fee for instituting a proceeding under the program may
be charged the shipper; except that, if the program is binding
solely on the carrier, the shipper may be charged a fee of not
more than $25 for instituting a proceeding under the program. In
any case in which a shipper is charged a fee under this paragraph
for instituting a proceeding under the program and such dispute is
settled in favor of the shipper, the person settling the dispute
must refund such fee to the shipper unless the person settling the
dispute determines that such refund is inappropriate.
"(6) The program must not require the shipper to agree to
utilize the dispute settlement program prior to the time that a
dispute arises.
"(7) The program may provide for an oral presentation of a
dispute concerning transportation of household goods by a party to
the dispute (or a party's representative), but such oral
presentation may be made only if all parties to the dispute
expressly agree to such presentation and the date, time, and
location of such presentation.
"(8) Any person settling a dispute concerning transportation of
household goods under the program must, as expeditiously as
possible but at least within 60 days of receipt of written
notification of the dispute, render a decision based on the
information gathered, except that, in any case in which a party to
the dispute fails to provide in a timely manner any information
concerning such dispute which the per