STATE'S PROPOSAL ENTITLED THE "DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEARS 1988 AND 1989".

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00004R000900050013-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 95
• Document Creation Date: December 27, 2016
• Document Release Date: December 6, 2011
• Sequence Number: 13
• Publication Date: January 2, 1987
• Content Type: MEMO

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OFFICE OF CONGRESSIONAL. AFFAIRS
ACTION
INFO
1. D/OCR
2. DD./legislation
3. DD/Senate Affairs
4. Ch/Senate Affairs
5. DD/House Affairs
?'
6. Ch/House Affairs
7. Admin Officer
8. Executive Officer
9. FOIA Officer
Constituent Inquiries
10. Officer
11.
12.
Remarks:
SUSPENSE .$ JR&, 17
Date
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
January 2, 1987
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer-
National Security Council - Pearson - 456-6534
U.S. Information Agency - Marilyn Dexheimer - 485-7976
Agency for International Devel. - Lester - 647-8404
Office for Personnel Management - Woodruff - 632-5524
Department of Justice - Perkins 633-2113 (17)
General Services Administration - Vicchiolla - 566-1250
Department of the Treasury - Carro - 566-8323 (28)
Department of Commerce - Levitt - 377-3151 (04)
Department of Agriculture - Clemans - 447-7095 (30)
Smithsonian Institute - Marg - 357-2962
Central Intelligence Agency
Department of Defense - Windus - 697-1305 06)
Department of Labor - Zinman - 523-8201 (18)
Equal Employment Opportunity Comm. - Phyllis Berry -
634-6931
Department of Health and Human Services - Frances White
- 245-7750
Office of Federal Procurement Policy - Bill Coleman
SUBJECT: State's proposal entitled the "Department of State
Authorization Act for fiscal years 1988 and 1989".
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
A response to this request for your views is needed no later than
C.O.B. THURSDAY, JANUARY 15, 1987 -- we will assumed that your
agency has no substantive comments on this legislation if it does
not respond within the stipulated deadline - telephone comments
are acceptable.
Questions should be referred to Annette Rooney/Sue Thau
(395-7300), the legislative analyst in this office or to Mike
IC.
RONALD K. PETERSON FOR
Assistant Director for
Legislative Reference
cc: E. Rea
H. Schreiber
F. Seidl
D. Haun
T. Morgan
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UNDER SECRETARY OF STATE
FOR MANAGEMENT
WASHINGTON
December 31, 1986
Attached is the Department of State's draft authorization
act for new authorization of appropriations totalling for FY
1988 and for FY 1989 and a Section-by-Section analysis (Tab 1).
Tab 2 contains a summary of proposed changes to the Department
Authorization Act and other legislation. As we have discussed
with your staff, we jointly will need to decide during the
review process whether Titles III and IV should be submitted
with this bill, or as separate legislation. Also attached are
draft letters to the President of the Senate and to the Speaker
of the House outlining the primary purpose of the proposed
legislation (Tab 3).
On a related matter, we are currently reviewing budgetary
reform actions recently taken by the United Nations, which we
believe provide a case for seeking modification of section 143.
of P.L. 99-93, the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987. This section, known as the Kassebaum
Amendment, limits U.S. contributions to the United Nations and
its specialized agencies until corrective action with respect
to voting procedures is taken-. In order to avoid delaying
submission of the rest of the draft authorization bill, we will
be communicating separately with respect to a possible
amendment in this area in the very near future.
I would appreciate OMB's earliest attention to this matter,
since the House Foreign Affairs Committee has indicated its
desire to consider this legislation on an accelerated schedule
early next year.
ely yours,
^4 Of /. 41-t-ul
Ronald I. Spiers
The Honorable
James C. Miller, III, Director,
Office of Management and Budget.
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Tab 1 - Department of State Authorization of Appropriation,
Fiscal Years 1988 and 1989 and a Section-by-Section
Analysis of the Act.
Tab 2 - Summary of Changes to State Department
Authorization.
Tab 3 - Draft letters to President of the Senate and to the
Speaker of the House.
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To authorize appropriations for fiscal years 1988 and 1989 for
the Department of State, and for other purposes.
Be it enacted by the Senate and the House of Representatives
of the United States of America in Congress assembled,
SECTION 101. SHORT TITLE
This Title may be cited as the "Department of State
Authorization'Act for fiscal years 1988 and 1989."
SECTION 102. AUTHORIZATION OF APPROPRIATIONS
In addition to amounts otherwise authorized for such
purposes, the following amounts are authorized to be
appropriated for the Department of State to carry out the
authorities, functions, duties and responsibilities in the
conduct of the foreign affairs of the United States and other
purposes authorized by law:
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(1) For "Administration of Foreign Affairs",
$2,737,192,000 for the fiscal year 1988 and such sums
as may be necessary for the fiscal year 1989.
(2) For "International Organizations and Conferences",
$607,927,000 for the fiscal year 1988 and such sums as
may be necessary for the fiscal year 1989.
(3) For "International Commissions", $32,706,000 for the
fiscal year 1988 and such sums as may be necessary for
the fiscal year 1989.
(4) "For Other Activities", $333,921,000 for the fiscal
year 1988 and such sums as may be necessary for the
fiscal year 1989.
SEC. 201. INSURANCE ABROAD
Section 5913 of title 5 of the United States Code is
amended by inserting "(including cost of liability insurance)"
after "unusual expenses".
SEC. 202. TERMINATION OF EXTRA CREDIT FOR SERVICE AT
UNHEALTHFUL POSTS
Section 817 of the Foreign Service Act of 1980 is amended
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by adding at the end thereof the following:
"No extra credit for service at unhealthful posts shall be
given under this section for any service as part of a tour of
duty, or extension thereof, commencing on or after January 1,
1988."
SEC. 203. AUTHORITY OF DIPLOMATIC SECURITY SERVICE
Subsection (5)(A) of Section 37 of the State Department
Basic Authorities Act (22 U.S.C. 2709(5)(A)) is amended by
revising it to read as follows:
"(A) in the case of a felony violation, if the special
agent has reasonable grounds to believe that such person has
committed or is committing such violation; or"
SEC. 204. PASSPORT AND VISA FEES
Notwithstanding sections 1 and 2 of the Act of June 4,
1920, as amended (41 Stat. 750; 22 U.S.C. 214 and 215), fees
collected:
(1) by the Secretary of State for issuance of passports and
for execution of applications for passports,
(2) by consular officers for issuance of visas and for
execution of applications for visas, and
(3) by consular officers for performance of notarial
functions;
may be credited to a Department of State account which shall be
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available without fiscal year limitation only for the payment
of the expenses of research, development, and equipment for
automation of passport and visa functions, including related
software. Such account shall be established at a level of $20
million, and replenished annually to maintain that level.
SEC. 205. MINIMUM ANNUITY UNDER THE CIVIL SERVICE
RETIREMENT AND DISABILITY SYSTEM
(a) Section 8345 of Title 5, United States Code, is amended
by inserting a new subsection (f) to read as follows:
"(f)(1) Notwithstanding any other provision of this
subchapter, other than this subsection, the monthly rate of
annuity payable under subsection (a) of this section to persons
who are not-citizens or nationals of the United States based on
service at posts abroad shall be the lesser of:
(a) the smallest primary insurance amount, including any
cost of living increases added to that amount, authorized
to be paid from time to time under Title II of the Social
Security Act, or
(b) the monthly rate of annuity which would be payable if
the annuity were equal to 80 percent of the annuitant's
average pay, plus any cost of living increases added to
that amount, authorized to be paid from time to time under
this subchapter,
provided that such annuity first becomes payable within five
years from February 27, 1986.
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"(2) The minimum annuity established by this subsection
shall be used as the basis for calculating any survivor annuity
for a spouse, former spouse, widow or widower under this
subchapter, but'any survivor annuity for a surviving child or
other dependent shall be calculated without regard to this
subsection.
"(3) The provisions of this subsection shall 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, a pension, veterans'
compensation, or any other periodic payment of a similar
nature, when the monthly rate thereof, is equal to or greater
to the minimum amount of annuity determined under paragraph (1)
of this subsection, nor shall they apply to an annuitant who
receives or has received payment from a local plan to which the
U.S. Government contributes under the authority of section 408
of the Foreign Service Act of 1980 (22 U.S.C. 3968), or to a
survivor thereof."
(b) The amendment made by subsection (a) shall be effective
as of February 27, 1986.
SEC. 206. CARRY-OVER OF SENIOR FOREIGN SERVICE PERFORMANCE PAY
Section 405(b) of the Foreign Service Act of 1980 (P.L.
96-965, 22 U.S.C. 3965(b)(4)) is amended --
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(1) in paragraph (4), by inserting at the end thereof
the following:
"Any amount which is not paid to a member of the Senior
Foreign Service-during a fiscal year because of this limitation
shall be paid to that individual in a lump sum at the beginning
of the following fiscal year. Any amount paid under this
authority during a fiscal year shall be taken into account for
purposes of applying the limitation in the first sentence of
this subparagraph with respect to such fiscal year." and
(2) by adding at the end thereof the following:
"(5) The Secretary of State shall prescribe regulations,
consistent with section 5582 of title 5, United States Code,
under which payment under this section shall be made in the
case of any individual whose death precludes payment under
paragraph (4) of this subsection."
SEC. 207. COMPENSATION OF FASCELL FELLOWS.
Section 605(b) of P.L. 99-399-is amended by revising it to
read as follows:
"(b) Authorities. Fellows shall be deemed to be federal
employees for the purposes of the Foreign Service Act of 1980
(22 U.S.C. 3901 et seq.), Title 5 of the United States Code,
and all other laws governing federal employment, except to the
extent otherwise provided by a contractual agreement under the
provisions of Section 2(c) of the State Department Basic
Authorities Act of 1956, as amended."
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SEC. 208. OVERSEAS CONSTRUCTION HAZARD INSURANCE
Section 16 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2680a) is hereby amended as follows:
(1) by-designating the existing text as subsection
"a"; and
(2) by adding the following new subsection:
"(b) With respect to any contract or other work
performed at a diplomatic or consular mission of the United
States, the term "war-risk hazard" shall include for
purposes of the Act of December 2, 1942 (commonly known as
the War-Risk Hazards Act) any hazard arising from terrorist
activity, whether or not such hazard is otherwise included
within the definition of "war-risk hazard" contained in
section 201 of that Act."
SEC. 209. AUTHORITY TO DESIGNATE FOREIGN DEPOSITARIES
Section 3303(b) of title 31 of the United States Code is
amended by adding at the end thereof the following new
sentence: "The Secretary may delegate to the Secretary of
State any of the authority set forth in this subsection with
respect to depositaries in foreign countries."
SEC. 210. AUTHORITY TO TRANSFER RETIREMENT CONTRIBUTIONS
FOR FSN'S TO LOCAL PLANS
Subsection 408(a) of the Foreign Service Act of 1980 is
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amended by inserting at the end thereof the following new
subparagraph:
"(3) At the direction of the Secretary of State, and where
a foreign national employee so elects during a one-year period
established by the Secretary of State with respect to each post
abroad, the Secretary of the Treasury shall transfer such
employee's interest in the Civil Service Retirement and
Disability Fund to a trust or other local retirement plan
established by the U.S. Government for foreign material
employees (excluding local social security plans). For
purposes of this paragraph, an employee's "interest in the
Civil Service Retirement and Disability Fund" shall mean the
lump sum credit and the total of government contributions with
respect to such employee, pursuant to subsections 8331(8) and
8334(a)(1) of title 5, United States Code, respectively, plus
interest at the rate provided in subsection 8334(e)(3) of such
title. Any such transfer shall void any annuity rights or
entitlement to lump sum credit under subchapter III of chapter
83 of such title."
SEC. 211. PRESERVATION OF MUSEUM CHARACTER OF PORTIONS OF
DEPARTMENT OF STATE BUILDING
(a) The areas of the Department of State Building, located
at 2201 C Street, N.W., Washington, D.C., known as the
Diplomatic Reception Rooms (8th Floor), Secretary of State's
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offices (7th Floor), Deputy Secretary of State's offices (7th
Floor), and 7th Floor Reception Area, respectively, shall be
administered pursuant to this section.
(b) The Secretary of State shall administer and regulate
the areas described in subsection (a) (hereafter "the museum
areas") by such means and measures as conform to the
fundamental purpose of the museum areas, which purpose is to
conserve the architecture, furnishings, and historic objects
therein and to provide for the-enjoyment of the same in such
manner and by such means as will leave them unimpaired for the
use and enjoyment of future generations. In carrying out this
section primary attention shall be given to the preservation
and interpretation of their present museum character, but
nothing done under this section shall conflict with the
administration of the Department of State or with the use of
the museum areas for official purposes of the Department of
State.
(c) Articles of furniture, fixtures, and decorative
objectives of the museum areas, when declared by the Secretary
of State to be of historic or artistic interest, together with
such similar articles, fixtures, and objects as are acquired by
the Secretary of State in the future when similarly so
declared, shall thereafter be considered to be the property of
the Secretary of State in official capacity and shall be
subject to disposition solely in accordance with this section.
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(d) When the Secretary of State determines that any of the
articles described in subsection (c) are no longer needed for
use or display in the museum areas or may better be used to
upgrade the museum areas, the Secretary is authorized, under
such terms and conditions as the Secretary may deem advisable,
to sell the articles at fair market value or to trade them
without regard to the requirements of the Federal Property and
Administrative Services Act of 1949, as amended. The proceeds
of sale may be credited to the unconditional gift account of
the Department of State, and items obtained in trade shall be
the property of the Secretary'of State under this section. The
Secretary of State may also lend such articles, when not needed
for use or display in the above described areas, to the
Smithsonian Institution, or similar institutions, for care,
repair, study, storage or exhibition.
(e) There shall be in the Department of State the position
of Curator for the Diplomatic Reception Rooms, with
responsibilities to be determined by the Secretary of State.
After the effective date of this Act, any person appointed to
this position shall receive compensation at a rate determined
by the Secretary of State upon the basis of duties to be
performed, but not in excess of the annual rate for positions
authorized by section 5315 of title 5 of the United States
Code, and shall serve at the pleasure of the Secretary of State.
SEC. 212. AUTHORITY TO INSURE CONTENTS OF STATE DEPARTMENT
DIPLOMATIC RECEPTION ROOMS
Section 3 of the State Department Basic Authorities Act of
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1956 (22 U.S.C. 2670) is amended:
(1) by striking "and" after subsection (i) and changing the
period at the end of subsection (j) to "; and"; and
(2) by adding at the end thereof the following:
"(k) obtain insurance on the furnishings, including works
of art and antiques, which may from time to time be within the
responsibility of the Fine Arts Committee of the Department of
State for the Diplomatic Rooms of the Department."
SEC. 213. OFFICIAL RESIDENCE FOR THE SECRETARY OF STATE
(a) The State Department Basic Authorities Act of 1956 is
amended --
(1) by redesignating section 39 as section 301 and
moving that section to the appropriate place in the Act; and
(2) by adding immediately after section 38 the
following new section:
"OFFICIAL RESIDENCE
"Sec. 39. (a) The Department of State may construct, or
acquire by purchase or gift, a suitable permanent residence
within the Washington, D.C. area for future Secretaries of
State. The Department shall not use any appropriated funds to
finance such construction or acquisition, but instead shall
make use of funds and other property obtained pursuant to
section 25 of the State Department Basic Authorities Act of
1956. The Department may insure this residence and its related
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real and personal property. In carrying out the purposes of
this section, the Department may use the authorities contained
in 22 U.S.C. 4308 (d) .
"(b) The Department shall periodically advise Congress on
activities undertaken pursuant to this section."
(b) Section 130 of Public Law 99-93 is repealed.
SEC. 214. ELIMINATION OF UNNECESSARY REPORTING REQUIREMENTS
(a) The Foreign Service Act of 1980 is amended as follows:
(1) in section 105(d)(2) (22 U.S.C. 3905(d)(2)), by
striking the existing text and inserting in lieu thereof
the following:
"(d)(2) The Secretary shall transmit to each House of the
Congress all reports of a general nature which pertain to the
Department's equal employment opportunity and affirmative
action programs as called for by the schedule established by
the statutes pertaining to and the regulations issued by the
Office of Equal Employment Opportunity. Such reports shall be
transmitted at least annually, and shall be received by the
Congress not later than 30 days after their original submission
to the office of Equal Employment opportunity.";
(2) in section 601(c) (22 U.S.C. 4001(c)), by adding
at the end thereof the following:
"(4) Not later than March 1 of each year, the Secretary of
State shall submit a report to the Speaker of the House of
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Representatives and to the Committee on Foreign Relations of
the Senate which shall --
"(a) describe the steps taken and planned in furtherance
of (A) maximum compatibility among agencies utilizing the
Foreign Service personnel system, 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;
"(b) 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
next five (fiscal?) 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
"(c) 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.";
(3) in section 703 (22 U.S.C. 4023), by repealing
subsection (f) thereof; and
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(4) by repealing section 2402 (22 U.S.C. 4173).
(b) Section 152(c) of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (99 Stat. 428) is repealed.
SEC. 215. AUTHORITY TO INVEST AND RECOVER EXPENSES FROM
CLAIMS SETTLEMENT FUNDS
(a) Title I of the International Claims Settlement Act of
1949 (22 U.S.C. 1621 et seq.) is amended by inserting at the
end of section 8 the following new subsection:
"(g) The Secretary of the Treasury is authorized and
directed to invest the amounts held respectively in the
'special funds' established by this section in public debt
securities with maturities suitable for the needs of the
separate accounts and bearing interest at rates determined by
the Secretary, taking into consideration the average market
yield on outstanding marketable obligations of the United
States of comparable maturities. The interest earned on the
amounts in each special fund shall be used to make payments, in
accordance with subsection (c), on awards payable from that
special fund."
(b) section 2668a of title 22, United States Code is
amended as follows:
(1) by inserting ", subject to the deduction made
under subsection (b) of this section, if any," after "and
certify the same" in the second sentence;
(2) by designating the existing text, as so amended,
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as subsection (a);
(3) by inserting at the end thereof the following new
subsection (b):
"(b) The Secretary of State shall deduct from moneys
received from foreign governments and other sources as a result
of an international arbitration or other international dispute
settlement proceeding to which the United States is a party an
amount equal to 5 percent of any moneys determined by the
Secretary to be due a private U.S. claimant, as reimbursement
for expenses incurred. The amount so deducted shall be
deposited in a special interest-bearing account held by the
U.S. Treasury. Notwithstanding any other provision of law,
moneys in this account are authorized for use by the Department
of State for expenses incurred in connection with such
proceedings and shall remain available until expended. This
subsection shall not apply to any expenses incurred or amounts
received in connection with the Iran-United States Claims
Tribunal, or to any funds created under section 1627 of this
title."
SEC. 216 CREDITABILITY OF CERTAIN FOREIGN NATIONAL
EMPLOYEE SERVICE
Section 8332 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
"(n) a foreign national employee who is, on the effective
date of this amendment, employed subject to this subchapter in
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a post abroad, shall be allowed credit for any period of prior
service at any such post under a personal service contract with
the United States performed on or before December 31, 1983,
unless such contract was entered into pursuant to subsection
636(a)(3) of the Foreign Assistance Act of 1961, as amended (22
U.S.C. 2396(a)(3)), or section 10(a)(5) of the Peace Corps Act
(22 U.S.C. 2509(a)(5).)"
SEC. 301 APPOINTMENTS
Chapter 3 of title I of the Foreign Service Act of 1980 is
amended as follows:
(1) in section 305(b), by inserting "or as career
appointees in any other Federal personnel system" after
"Senior Executive Service."; and
(2) in section 309 --
(A) by deleting "section 311 (a)" and inserting
in lieu thereof "subsection (b)";
(B) by designating the text, as so amended, as
subsection (a); and
(C) by adding the following new subsection (b):
"(b) A limited appointment may be extended: (1) in order
to permit the completion of a current assignment in
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extraordinary circumstances as determined by the agency, or (2)
for continued service as--
11(i) a consular agent;
"(ii) a family member as provided in section 311(a);
"(iii) a career candidate, if continued service is
determined appropriate to remedy a matter that would be
cognizable as a grievance under chapter 11; or
"(iv) a career employee in another Federal
personnel system serving in a Foreign Service
position on detail from another agency."
SEC. 302 COMPENSATION
(a) Section 406 of the Foreign Service Act of 1980 is
amended:
(1) in subsection (a), by changing the comma after
"13" to a period and deleting the balance of that sentence;
and
(2) by striking the existing text of subsection (b) in
its entirety and substituting in lieu thereof the following:
"(b) The Secretary may grant, on the basis of especially
meritorious service, to any member of the Service receiving a
salary under the Foreign Service Schedule, an additional salary
increase to any higher step in the salary class in which the
member is serving. Such increases may be granted at the same
time as the increases provided under subsection (a) or at any
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other time established by regulation, but no more than one
increase under this subsection shall be granted in any
twelve-month period.
"(c) Notwithstanding subsection (a), the Secretary shall
prescribe regulations governing the circumstances under which a
periodic within-class salary increase may be granted, withheld
or deferred.
"(d) Under regulations prescribed by the Secretary, the
benefit of successive periodic within-class salary increases
shall be preserved for employees whose continuous service is
interrupted in the public interest by service with the
uniformed services or by service in essential non-Government
civilian employment during a period of war or national
emergency."
(b) The State Department Basic Authorities Act (22 U.S.C.
2669 et sec.) is amended --
(1) in section 35(b), by inserting after the second
sentence thereof the following new sentence:
"The compensation for this position shall be at a rate
determined by the Secretary of State on the basis of duties to
be performed, but not in excess of the annual rate for
positions authorized by section 5315 of title 5, United States
Code."
(2) in section 203(a), by inserting at the end thereof
the following new sentence:
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"The Director shall be compensated at a rate determined by
the Secretary of State on the basis of duties to be performed,
but not in excess of the annual rate for positions authorized
by section 5315. of title 5, United States Code."
(c) The amendments made by subsection (b) of this section
shall be effective November 22, 1983.
SEC. 303 PROMOTION AND RETENTION
Chapter 6 of title I of the Foreign Service Act of 1980 is
amended as follows:
(1) section 601(b) is amended by adding at the end
thereof the following new sentence:
"Members of the Service who remain in the Service after
expiration of time-in-class and any limited. career
extensions under section 607 shall not be eligible for
promotion.".
(2) section 607 is amended --
(A) in subsection (b), by inserting "(except
Foreign Service officers)" after "members of the
Service"; and
(B) in clause (2) of subsection (d), by inserting
a comma and "except when necessary to attain
eligibility for an immediate annuity under chapter 8,
after "case".
(3) section 609 is amended --
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(A) by revising subsection (a) to read as follows:
"(a) A member of the Service who is retired under section
607(c) or 608(b)--
"(1) after becoming eligible for voluntary retirement
under section 811, or
"(2) from the Senior Foreign Service or class 1 in the
Foreign Service Schedule,
shall receive retirement benefits in accordance with section
(B) in subsection (b), by striking out
"607(c)(1)" and inserting in lieu thereof "607(c)".
(4) Section 610 is amended, by adding at the end of
subsection (a)(2) the following new sentence:
"Section 1110 shall also apply to proceedings under this
paragraph.".
SEC. 304 TRAVEL, LEAVE, AND OTHER BENEFITS
Section 90-1 of Chapter 9 of the Foreign Service Act of 1980
is amended as follows:
(1) Paragraph (8) is amended by deleting "by a member
of the Service" from the introductory clause.
(2) Paragraph (9) is amended by inserting "to or"
immediately after "round-trip"; and
(3) Paragraph (11) is amended by inserting "or at"
immediately after "(and of his or her family) to" and by
deleting "successive".
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SEC. 305 SURVIVOR AND HEALTH BENEFITS FOR CERTAIN
FORMER SPOUSES
Sec. (a) Chapter 8 of the Foreign Service Act of
1980 is amended by inserting after Section 829 the following
two sections:
"Sec. 830. SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES.
"(a)(1) Any individual who was a former spouse of a
participant or former participant on February 14, 1981, shall
be entitled, to the extent of available appropriations, and
except to the extent such former spouse is disqualified under
subsection (b), to a survivor annuity equal to 55 per centum of
the greater of--
"(A) the full amount of the participant's or former
participant's annuity, as computed under Chapter 8 of
the Foreign Service Act of 1980; or
"(B) the full amount of what such annuity as so
computed would be if the participant or former
participant had not withdrawn a lump-sum portion of
contributions made with respect to such annuity.
"(2) A survivor annuity payable under this section
shall be reduced by an amount equal to the amount of
retirement benefits, not including benefits under title II
of the Social Security Act, received by the former spouse
which are attributable to previous employment of such
former spouse by the United States.
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"(b) A former spouse shall not be entitled to a survivor
annuity under this section if--
"(1) an election has been made with respect to such
former spouse under section 2109;
"(2) the former spouse is a designated beneficiary of
the employee as a person with an insurable interest;
"(3) the farmer spouse remarries before age
fifty-five;
"(4) the former spouse is less than fifty years of age;
"(5) the former spouse was not married to the
participant at least 10 years during service of the
participant which is creditable under this chapter with at
least five years occurring while the participant was a
member of the Foreign Service.
"(c) (1) The entitlement of a former spouse to a survivor
annuity under this section--
"(A) shall commence--
"M in the case of a former spouse of a
participant or former participant who is deceased
as of the effective date of this section,
beginning on the later of --
"(I) the sixtieth day after such date; or
"(II) the date such former spouse reaches
the age fifty; and
"(ii) in the case of any other former
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spouse, beginning on the latest of--
"(I) the date that the participant or
former participant to whom the former spouse
was married dies;
"(II) the sixtieth day after the
effective date of this section; or
"(III) the date such former spouse
reaches age fifty; and
"(B) shall terminate on the last day of the month
before the former spouse's death or remarriage before
attaining the age fifty-five.
"(2)(A) A survivor annuity under this section shall
not be payable unless appropriate written application is
provided to the Secretary, complete with any supporting
documentation which the Secretary may by regulation
require, within thirty months after the effective date of
this section.
"(B) Upon approval of an application provided
under subparagraph (A), the appropriate survivor
annuity shall be payable to the former spouse with
respect to all periods before such approval during
which the former spouse was entitled to such annuity
under this section, but in no event shall a survivor
annuity be payable under this section with respect to
any period before the effective date of this section.
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"(d) The Secretary shall--
"(1) as soon as possible, but not later than sixty
days after the effective date of this section, issue such
regulations as may be necessary to carry out this section;
and
"(2) to the extent practicable, and as soon as
possible, inform each individual who was a former spouse of
a participant or former participant on February 14, 1981,
of any rights which such individual may have under this
section."
"Sec. 831 HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES.
"(a) Except as provided in subsection (c)(1), any
individual--
"(1) formerly married to an employee or former
employee of the Foreign Service, whose marriage was
dissolved by divorce or annulment before May 7, 1985;
"(2) who, at any time during the eighteen-month period
before the divorce or annulment became final, was covered
under a health benefits plan as a member of the family of
such employee or former employee; and
"(3) who was married to such employee for not less
than ten years during periods of government service by such
employee, is eligible for coverage under a health benefits
plan in accordance with the provisions of this section.
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"(b)(1) Any individual eligible for coverage under
subsection (a) may enroll in a health benefits plan for self
alone or for self and family if, before the expiration of the
six-month period beginning on the effective date of this
section, and in accordance with such procedures as the Director
of the Office of Personnel Management shall by regulation
prescribe, such individual--
"(A) files an election for such enrollment; and
"(B) arranges to pay currently into the Employees
Health Benefits Fund under section 8909 of title 5,
United States Code, an amount equal to the sum of the
employee and agency contributions payable in the case
of an employee enrolled under chapter 89 of such title
in the same health benefits plan and with the same
level of benefits.
"(2) The Secretary shall, as soon as possible, take
all steps practicable--
"(A) to determine the identity and current
address of each former spouse eligible for coverage
under subsection (a); and
"(B) to notify each such former spouse of that
individual's rights under this section.
"(3) The Secretary shall waive the six-month
limitation set forth in paragraph (1) in any case in which
the Secretary determines that the circumstances so warrant.
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"(c)(1) Any former spouse who remarries before age
fifty-five is not eligible to make an election under subsection
(b) (1) .
"(2) Any former spouse enrolled in a health benefits
plan pursuant to an election under subsection (b)(1) may
continue the enrollment under the conditions of eligibility
which the Director of the Office of Personnel Management
shall by regulation prescribe, except that any former
spouse who remarries before age fifty-five shall not be
eligible for continued enrollment under this section after
the end of the thirty-one-day period beginning on the date
of remarriage.
"(d) No individual may be covered by a health benefits plan
under this section during any period in which such individual
is enrolled in a health benefits plan under any other
authority, nor may any individual be covered under more than
one enrollment under this section.
"(e) For purposes of this section the term 'health benefits
plan' means an approved health benefits plan under chapter 89
of title 5, United States Code."
(b) The additions to the Foreign Service Act of 1980 made
by this section shall take effect on October 1, 1987, or 90
days after enactment, if later.
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SEC. 306 AMENDMENTS TO TITLE 5, UNITED STATES CODE
(a) Title 5 of the United States Code is amended as follows:
(1) Chapter 53 of title 5 is amended --
(A) in section 5313, by striking "Ambassadors at
Large"; and
(B) in section 5315, by inserting "Ambassadors at
Large" at the end thereof.
(2) Section 5523(a) is amended by deleting the phrase
"for not more than 120 additional days", and by deleting
"President" and inserting "Secretary of State" in lieu
thereof.
(3) Section 5551(a) is amended by striking out "pay"
in the second sentence and inserting in lieu thereof "basic
pay".
(4) Section 5922 is amended by adding at the end
thereof the following new subsection (d):
"(d) When a quarters allowance or education allowance under
this subchapter, or quarters furnished in Government owned or
controlled buildings under section 5912, would be furnished to
an employee but for the death of the employee or the evacuation
or ordered departure of the employee or family members, such
allowances or quarters may be furnished or continued for the
purpose of allowing any child of the employee to complete the
current school year at post or away from post notwithstanding
the disqualifying event, and an education allowance for school
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away from post which is based upon evacuation, ordered
departure, or the denial of permission to family members to
reside at post may be continued to permit completion of the
current school year by any child of the employee
notwithstanding termination of any bar to residence of family
at post.".
(5) Section 5923, relating to temporary lodging
allowance, is amended--
(A) in paragraph (1), by inserting "and
subsistence" after "lodging" by inserting "including
meals and laundry expenses" after "quarters" the first
time it appears;
(B) in subparagraph (1)(A), by striking out "3
months" and inserting "90 days" in lieu thereof;
(C) in subparagraph (1)(B), by striking out "1
month" and inserting "30 days" in lieu thereof; and
(D) by adding at the end of paragraph (1) the
following new subparagraph:
"(C) The allowance under subparagraphs (A) and (B) may be
extended for up to an additional 60 days if the head of agency
concerned or his designee determines that there are compelling
reasons beyond the control of the employee for the continued
occupancy of temporary quarters."
(6) Section 5924(2) is amended--
(A) in subparagraph (A), by inserting ", its
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territories and possessions, or the Commonwealths of
the Northern Marianas Islands or Puerto Rico," after
"United States"; and
(B) in subparagraph (B), by striking out "between
assignments to posts in foreign areas" and inserting
"after the employee agrees in writing to remain in
Government service for 12 months after transfer,
unless separated for reasons beyond the control of the
employee that are acceptable to the agency concerned"
in lieu thereof.
(7) Section 5924(4) is amended--
(A) in the introduction, by inserting "or
official assignment to serve in such area or areas,"
after "foreign areas";
(B) in subparagraph (A), by striking out
"kindergarten" and inserting in lieu thereof
"pre-kindergarten for handicapped children,
kindergarten,"; and
(C) in the first line of subparagraph (B), by
inserting, "its territories and possessions and the
Commonwealths of the Northern Marianas Islands and
Puerto Rico, after "United States", and by striking
out "undergraduate college" each time it appears and
inserting in lieu thereof "post-secondary educational
institution"; and
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(D) by designating the last sentence of
subparagraph (C) as subparagraph (D), and revising
such subparagraph, as so designated, to read as
follows:
"(D) notwithstanding section 5921(6) of this title, an
education allowance under subparagraph (A) and travel
expenses for the purpose of obtaining post-secondary
education under subparagraph (B) may be authorized
under such regulations as the President may prescribe
for dependents of employees assigned outside the
continental United States."
(b) The amendment made by subsection (a)(1) shall not
affect the salary of incumbents of such positions on the
effective date of this Act.
SEC. 401. DEFINITIONS
(a) FORMER SPOUSE.--Paragraph (6) of section 804 of the
Foreign Service Act of 1980 (22 U.S.C. 4044(6)) is amended to
read as follows:
"(6) 'former spouse' means a former wife or husband of
an individual if--
"(A) such individual performed at least 18 months
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of civilian service creditable under this chapter; and
"(B) the former wife or husband was married to
such individual for at least 9 months;".
(b) SURVIVING SPOUSE.--Section 804(13) of such Act (22
U.S.C. 4044(13)) is amended--
(1) by striking out ", in the case of a death in
service or marriage after retirement,";
(2) by striking out "one year" and inserting in lieu
thereof "9 months"; and
(3) by inserting before the semicolon a comma and
"except that the requirement for at least 9 months of
marriage shall be deemed satisfied in any case in which the
participant or annuitant dies within the applicable 9-month
period, if--
"(A) the death of such participant or annuitant
was accidental; or
"(B) the surviving spouse of such individual had
been previously married to the individual and
subsequently divorced and the aggregate time married
is at least 9 months".
(c) LUMP-SUM CREDIT.--Section 852 of the Foreign Service
Act of 1980 (22 U.S.C. 4071a) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6),
and (7) as paragraphs (4), (5), (6), (7), and (8),
respectively; and
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(2) by inserting after paragraph (2) the following new
paragraph:
"(3) the term ' lump-sum credit' means the
unrefunded amount consisting of--
"(A) retirement deductions made from the
basic pay of a participant under section 856 of
this chapter (or under section 204 of the Federal
Employees' Retirement Contribution Temporary
Adjustment Act of 1983);
"(B)" amounts deposited by a participant to
obtain credit under this System for prior
civilian or military service; and
"(C) interest on the deductions and deposits
which, for any calendar year, shall be equal to
the overall average yield to the Fund during the
preceeding fiscal year from all obligations
purchased by the Secretary of the Treasury during
such fiscal year under section 819, as determined
by the Secretary of the Treasury (compounded
annually); but does not include interest--
"(i) if the service covered thereby
aggregate 1 year or less; or
"(ii) for a fractional part of a month in
the total service;".
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SEC. 402. COMPUTATION OF ANNUITIES
(a) SURVIVOR OR REDUCED ANNUITY.--(1) Section 806(b)(1)(A)
of the Foreign Service Act of 1980 (22 U.S.C. 4046(b)) is
amended by inserting "to whom married for the periods specified
in section 814(a)(1)(A)" immediately after "former spouse"
within the parenthesis.
(2) Section 806(b) (1) (B) of such Act (22 U.S.C.
4046(b)(1)(B) is amended to read as follows:
"(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 to reduce such survivor
annuity under this section, by designating a portion of the
annuity of the participant as the base for the survivor
benefit. In the event that the marriage is dissolved
following such a waiver or such an election of a reduced
annuity and that the spouse qualifies as a former spouse,
the waiver or reduction shall continue to apply and the
base used in calculating any annuity of the former spouse
under this subchapter may not exceed the portion of the
participant's annuity designated under this subparagraph."
(3) Section 806(b) (1) (C) of such Act (22 U.S.C.
4046(b)(1)(C)) is amended to read as follows:
"(C)(i) If a participant or former participant has a
former spouse to whom married for the periods specified in
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section 814(a)(1)(A), the participant and such former
spouse may jointly elect by spousal agreement under section
820(b)(1) to waive or reduce a survivor annuity-under
section 814(b) for that former spouse. Any such election
shall be made at retirement or, if later, within 2 years
after the date on which the marriage of the former spouse
to the participant is dissolved.
"(ii) If a participant or former participant has a
former spouse who qualifies under section 804(6), such
participant may elect a survivor annuity for such former
spouse under this section. Any such election shall be made
at or before retirement, or, if later, shall be made within
2 years after the date on which the marriage of the former
spouse to the former participant is dissolved. In the case
of a former participant electing after retirement, such an
election is subject to a deposit in the Fund by the
[former] participant within such 2-year period, of an
amount determined by the Secretary of State, as nearly as
may be administratively feasible, to reflect the amount by
which the annuity of such former participant would have
been reduced if the election had been continuously in
effect since the date the annuity commenced, plus interest,
and shall be 6 percent. If the former participant does not
make such a deposit, the Secretary of State shall collect
the amount of the deposit by offset against the former
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participant's annuity, up to a maximum of 25 percent of the
net annuity otherwise payable to the former participant,
and the former participant is deemed to consent to such
offset.
"(iii) An election under clause (ii) shall not be
effective--
"(I) to the extent that it conflicts with any
court order (as defined in section 804(4)) which was
issued before the date of such election or with any
spousal agreement which was entered into before such
date, or to the extent that it would cause the total
of survivor annuities payable under this subchapter to
spouses, former spouses or any combination thereof
based on the service of the participant or former
participant to exceed 55 percent of the annuity to
which the participant is entitled under this
subchapter; or
"(II) in the case of a participant or former
participant who is then married, unless it is made
with the spouse's written consent.
"(iv) The Secretary of State shall provide by
regulation that clause (iii)(II) may be waived for either
of the reasons set forth in subparagraph (D)."
(4) Section 806(b)(1)(D) of such Act (22 U.S.C.
4046(b)(1)(D)) is amended by striking out the final period and
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inserting in lieu thereof a comma and "or, due to exceptional
circumstances, requiring the participant or former participant
to seek the spouse's or former spouse's consent would otherwise
be inappropriate."
(5) Section 806(b)(3) of such Act (22 U.S.C. 4046(b)(3))
is amended to read as follows:
"(3)(A) If a former participant entitled to receive a
reduced annuity under this subchapter dies and is survived
by a spouse or former spouse, a survivor annuity shall be
paid to the surviving spouse or former spouse entitled to a
survivor annuity under this subchapter equal to 55 percent
of the full amount of the former participant's annuity
computed under subsection (a), or 55 percent of any lesser
amount designed as the base for the survivor benefit under
this subchapter.
"(B) A former spouse shall not be qualified for a?
survivor annuity under this subchapter if, before the
commencement of the annuity, the former spouse remarries
before becoming 55 years of age.
"(C) An annuity payable from the Fund to a surviving
spouse or former spouse under this subchapter shall
commence on the day after the participant or former
participant dies and shall terminate on the last day of the
month before the death or remarriage before attaining age
55 of the surviving spouse or former spouse as the case may
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be. If such an annuity to a surviving spouse is terminated
because of remarriage, however, 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."
(6) Section 806(b) of such Act (22 U.S.C. 4046(b)) is
amended by adding at the end thereof the following new
subparagraph:
"(4)(A) The maximum survivor annuity or combination
of survivor annuities under this subchapter for a spouse or
former spouse, or combination thereof, with respect to any
participant or former participant 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 subchapter for any spouse or former'spouse, a
survivor annuity may thereafter be provided for under this
subchapter with respect to a participant or former
participant only for that portion (if any) of the maximum
available annuity which is not committed for survivor
benefits for any spouse or 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
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adjust the amount of the annuity of any former spouse of
that participant or former participant under this
subchapter.
"(5)(A) Subject to paragraph (4), a former
participant may irrevocably elect, in a signed writing
received by the Secretary of State within 2 years after the
death of a spouse or after the death or disqualification of
a former spouse for whom an annuity reduction had been in
effect, to continue the reduction in order to provide a
survivor annuity or a higher survivor annuity for a spouse
or any other former spouse under this subchapter. Such
election shall be made under the same conditions as an
election under section 806(g) for a spouse.
"'(B) Such election shall not be effective--
"(i) if it conflicts with any court order
issued, or spousal agreement entered into prior to
the date of the election;
"(ii) in the case of an annuitant who is then
married, unless it is made with the spouse's written
consent; or
"(iii) with respect to any individual for whom a
survivor annuity has been previously waived under this
subchapter.
"(C) The requirement for spousal consent may be waived
in accordance with section 806(b)(1)(D)."
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(b) SURVIVOR ANNUITY FOR DESIGNATED BENEFICIARY.--Section
806(f) of such Act (22 U.S.C. 4046(f)) is amended in the first
sentence by striking out "an unmarried participant who does not
have a former spouse for whose benefit a reduction is made
under subsection (b)" and inserting in lieu thereof "a
participant".
(c) SURVIVOR ANNUITY FOR SPOUSE.--Section 806(g) of such
Act (22 U.S.C. 4046(g)) is amended to read as follows:
"(g)(1)(A) A former participant who marries or remarries
after retirement, may irrevocably elect a reduction in annuity
as provided in subsection (b)(2) to provide a survivor annuity
or higher survivor annuity for any surviving spouse. Such
survivor annuity shall be treated in all respects as a
survivor annuity under subsection (b).
"(B) An election under subparagraph (A) shall be in a
signed writing received by the Secretary of State within 2
years after such annuitant marries or, if later, within 2
years after the death or disqualification of any former
spouse of such annuitant who was entitled to a survivor
annuity under this subchapter (or of the last such
surviving former spouse, if there was more than one).
"(2)(A) The election and reduction shall take effect the
first day of the first month beginning 9 months after the date
of marriage and, at the option of the annuitant, shall
prospectively void any election previously made under
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subsection (f).
"(B) Within the 2-year period specified in paragraph
(1)(B) for notifying the Secretary of State, the annuitant
(other than-an individual who made a previous election
under subsection (f) which is voided under this section)
shall deposit in the Fund an amount determined by the
Secretary of State, as nearly as may be administratively
feasible, to reflect the amount by which the retired
individual's annuity would have been reduced under
subsection (b)(2) since the commencing date of the annuity
if the annuitant had been married at the time of retirement
and had elected to provide a survivor annuity at that time,
or, if later, the date the previous reduction in such
former participant's annuity was terminated by reason of
death, divorce, or disqualification, plus interest. For
this purpose, the annual rate of interest shall be 6
percent for each year during which the annuity would have
been reduced if the election had been in effect since the
date the annuity commenced.
"(C) If the annuitant does not make such deposit, the
Secretary of State shall collect such amount by offset
against his or her annuity, up to a maximum of 25 percent
of the net annuity otherwise payable to the annuitant, and
the annuitant is deemed to consent to such offset.
"(3) Notwithstanding any other provision of this
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subsection, an election under this subsection may not be made
for the purpose of providing an annuity in the case of a spouse
if such spouse had a prior marriage to the participant or
former participant at the time of such participant's retirement
and if all rights to the survivor annuity for such spouse under
this subchapter based on marriage to such participant were then
waived."
(d) RECALL SERVICE.--Section 806(i)(2) of such Act (22
U.S.C. 4046 (i)(2)) is amended by striking out "section 814(b)"
and inserting in lieu thereof "this subchapter".
(e) RECOMPUTATION OF ANNUITY UPON DISQUALIFICATION OF
SURVIVOR.--Section 806(j) of such Act (22 U.S.C. 4046(j)) is
amended to read as follows:
. "(j) For each full month after a spouse or former spouse of
a former participant dies or become ineligible to receive a
survivor annuity, an annuity which is reduced under this
subchapter in order to provide a survivor annuity for such
person shall be computed and paid as if such annuity had not
been so reduced, subject to any reduction required to provide
survivor benefits to other persons under this subchapter."
(f) SOCIAL SECURITY MINIMUM.--Section 806(1)(4) of such
Act (22 U.S.C. 4046(1)(4)) is amended by striking out "814(d)"
and inserting in lieu thereof "814(c)".
Section 809 of the Foreign Service Act of 1980 (22 U.S.C.
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4049) is amended--
(1) in subsection (b)--
(A) by striking out "qualifying for an annuity
under section 814(b)";
(B) by inserting "married to the participant for
the periods specified in section 814(a)(1)(A)"
immediately after "surviving former spouse";
(C) by inserting the following immediately after
the first sentence: "Subject to section 806(b), any
other former spouse of such participant shall be
entitled to an annuity authorized by any spousal
agreement or court order under section 820(b)(1)."; and
(2) in subsection (g) by striking out "806(b)(3)(B)"
and inserting in lieu thereof "806(b)(4))".
SEC. 404. FORMER SPOUSES MARRIED 10 YEARS
(a) ENTITLEMENT TO ANNUITY.--Section 814(a)(1) of the
Foreign Service Act of 1980 (22 U.S.C. 4054(a)(1)) is amended
to read as follows:
"(a)(1)(A) Unless otherwise expressly provided by a spousal
agreement or court order governing disposition of benefits
under this subchapter, a former spouse of a participant or
former participant is entitled, during the period described in
subparagraph (B), to a share (determined under subparagraph
(C)) of all benefits otherwise payable to such participant
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under this subchapter if such former spouse was married to the
participant for at least 10 years during service of the
participant which is creditable under this chapter with at
least 5 years occurring while the participant was a member of
the Foreign Service.
"(B) The period referred to in subparagraph (A) is the
period which begins on the first day of the month following the
month in which the divorce or annulment becomes final and ends
on the last day of the month before the former spouse dies or
remarries before 55 years of age.
"(C) The share referred to in subparagraph (A) equals--
"(i) 50 percent, if such former spouse was married
to the participant throughout the actual years of service
of the participant which are creditable under this chapter;
"(ii) a pro rata share of 50 percent, if such former
spouse was not married to the participant throughout such
creditable service.".
(b) COURT ORDER EFFECTIVE 24 MONTHS AFTER MARRIAGE IS
DISSOLVED.--Section 814(a)(4) of such Act (22 U.S.C.
4054(a)(4)) is amended by striking out "12" and inserting in
lieu thereof "24".
(c) REDUCTION OF PARTICIPANT'S ANNUITY NOT COUNTED FOR
CERTAIN PURPOSES.--Section 814(a)(5)(A) of such Act (22 U.S.C.
4054(a)(5)(A)) is amended by striking.out "subsection (b) or
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section 806(b)(3)" and inserting in lieu thereof "this
subchapter".
(d) ENTITLEMENT TO SURVIVOR BENEFITS.--Section 814(b) of
such Act (22 U.S.C. 4054(b)) is amended to read as follows:
"(b)(1) Unless otherwise expressly provided for by any
spousal agreement or court order governing survivorship
benefits under this subchapter to a former spouse married to a
participant or former participant for the periods specified in
subsection (a)(1)(A), such former spouse is entitled to a
share, determined under subsection (b)(2), of all survivor
benefits that would otherwise be payable under this subchapter
to an eligible surviving spouse of the participant.
"(2) The share referred to in subsection (b)(1) equals--
"(A) 100 percent if such former spouse was married
to the participant throughout the entire period of service
of the participant which is creditable under this chapter;
"(B) a pro rata share of 100 percent if such former
spouse was not married to the participant throughout such
creditable service."
(e) MONTHLY RATE OF ANNUITY NOT APPLICABLE IN CERTAIN
SITUATIONS.--(l) Section 814(c) of such Act (22 U.S.C. 4054(c))
is amended to read as follows:
"(c) Subsection 806(1) shall not apply to any annuity
payable under this subchapter to an individual formerly married
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to a participant or former participant or to any annuity
payable to a surviving spouse which is less than 55 percent of
the annuity of the former participant."
(2) Section 814(d) of such Act (22 U.S.C. 4054(d)) is
repealed.
SEC. 405. SURVIVOR BENEFITS FOR CHILDREN.
(a) SURVIVOR BENEFITS FOR CHILDREN.--Section 806 of the
Foreign Service Act of 1980 (22 U.S.C. 4046), as amended by
section 402 of this Act, is further amended--
(1) in subsection (c), by inserting "or a former
spouse who is the natural or adoptive parent of a
surviving child of the annuitant" after "survived by a
spouse" each place it appears; and
(2) in subsection (d), by amending the first sentence
"On the death of the surviving spouse,
or former spouse, or on termination of the annuity of a
child, the annuity of any other child or children shall be
recomputed and paid as though the spouse, former spouse, or
child had not survived the participant.".
(b) DEATH IN SERVICE.--(1) Section 809(c) of such Act (22
U.S.C. 4049(c)) is amended by inserting "or a former spouse who
is the natural or adoptive parent of a surviving child of the
participant" after "spouse".
(2) Section 809 (d) of such Act (22 U.S.C. 4049(d)) is
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amended by inserting "or a former spouse who is the natural or
adoptive parent of a surviving child of the participant" after
"spouse,".
SEC. 406. LUMP SUM PAYMENTS.
(a) REQUIREMENTS FOR PAYMENT.--Section 815(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4055(a)) is amended to
read as follows:
"(a)(1) A participant is entitled to be paid the lump-sum
credit if the participant--
"(A) is separated from the Service for at least 31
consecutive days, or is transferred to a position in which
the participant is not subject to this chapter and remains
in such a position for at least 31 consecutive days;
"(B) files an application with the Secretary of State
for payment of the lump-sum credit;
"(C) is not reemployed in a position in which the
participant is subject to this chapter at the time the
participant files the application;
"(D) will not become eligible to receive an annuity
within 31 days after filing the application; and
"(E) has notified any spouse or former spouse the
participant may have of the application for payment in
accordance with regulations prescribed by the Secretary of
State. Such regulations may provide for waiver of this
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requirement under circumstances described in section
806(b)(1)(D). Payment of the lump-sum credit voids all
annuity rights under this chapter based on the service on
which the lump-sum credit is based, until the participant
is reemployed in the Service subject to this chapter.
"(2) Whenever a participant becomes entitled to be paid a
lump-sum credit under subsection (a)(1), the lump-sum credit
shall be paid, subject to any court order or spousal agreement
under section 820(b), to the participant and to any former
spouse (who has not remarried prior to age 55) of the
participant in accordance with subsection (i)."
(b) PAYMENT TO FORMER SPOUSES--Section 815(i) of such Act
(22 U.S.C. 4055(i)) is amended by striking out "of that
participant" and inserting in lieu thereof "married to the
participant or former participant for the periods specified in
section 814(a) (1) (A) ".
SEC. 407. COURT ORDERS
Section 820(b)(1) of the Foreign Service Act of 1980 (22
U.S.C. 4060(b)(1)) is amended to read as follows:
"(b)(1)(A) In the case of any participant or annuitant who
is covered by a court order issued with respect to a former
spouse or who is a party to a spousal agreement--
"(i) any right of a former spouse to an annuity or
survivor annuity under this subchapter, and the amount of
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such annuity; and
"(ii) any right of the participant or former spouse
to any payment of a lump-sum credit under section 815(a)
or (b), and.the amount of such payment;
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 subsection shall not apply in the case of any
spousal agreement or court order which, as determined by the
Secretary of State--
"(i) would provide a survivor annuity for a spouse
or former spouse of any participant--
(AA) with respect to which there is in
effect a joint waiver of survivor annuity; or
(BB) in excess of the amount waived, when a
portion of the survivor annuity was waived in a
joint election or spousal agreement; or
"(ii) is inconsistent with the requirements of this
subchapter including the requirements for annuity reduction
or applicable regulations.
Whenever a survivor annuity is provided to a spouse or former
spouse of a participant by court order or spousal agreement, a
survivor reduction shall be made in the participant's annuity
(and payment made by the annuitant, if necessary) as if the
survivor annuity were being provided by election of the
annuitant under section 806."
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SEC. 408. CONTRIBUTIONS FOR PRIOR SERVICE
Section 805(d)(1) of the Foreign Service Act of 1980 (22
U.S.C. 4045(d)), relating to contributions to the Fund, is
amended as follows:
(1) by striking put "equal to" and inserting in lieu
thereof a period and inserting thereafter "Special
contributions for purposes of subparagraph (A) shall equal";
and
(ii) by adding the following new sentence at the end
thereof:
"Special contributions for prior refunds under subparagraph
shall equal the amount of the prior refund received by the
participant."
SEC. 409. MINIMUM AGE REQUIREMENT
(a) DISABILITY ANNUITY.--Subsections (a) and (b) of section
808 of the Foreign Service Act of 1980 (22 U.S.C. 4048) are
each amended by striking out "65" each time it appears and
inserting in lieu thereof "60".
(b) DEATH IN SERVICE.--Section 809 of the Foreign Service
Act of 1980 (22 U.S.C. 4049) is amended as follows:
(1) Subsection (e) is amended by striking out "65" and
inserting in lieu thereof "60"; and
(2) Subsection (h) is amended by striking out "(b)(4)"
and inserting in lieu thereof "(b)(3)(C)".
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SEC. 410. VOLUNTARY RETIREMENT
Section 811 of the Foreign Service Act of 1980 (22 U.S.C.
4051) is amended by adding the following at the end thereof:
"The Secretary shall withhold consent for retirement under this
section by any participant who has not been a member of the
Service for 5 years. However, any participant who voluntarily
separates from the Service before completing 5 years in the
System and who, on the date of separation, would be eligible
for an annuity, based on a voluntary separation, under section
8336 or 8338 of title 5, United States Code, if the participant
then had an appointment under the Civil Service Retirement
System, counting the participant's total federal service, may
receive an annuity under section 8336 or 8338, notwithstanding
section 8333(b) of title 5 United States Code, provided that
all contributions transferred to the Fund under section
805(c)(1) of this Act, as well as all contributions withheld
from the participant's pay and deposited into the Fund during
the period he/she was subject to this chapter, including
interest on these amounts, are transferred to the Civil Service
Retirement and Disability Fund effective on the date the
participant separates from the Service."
SEC. 411. CREDITABLE SERVICE
(a) SICK LEAVE--Section 816 of the Foreign Service Act of
1980 (22 U.S.C. 4056) is amended in subsection (b) by adding
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the following at the end of the first sentence before the
period:
"nor?as creditable service for purposes of sections
804(10), 814, or 820(b)".
(b) UNHEALTHFUL POST CREDIT--(1) Section 816 of such Act is
further amended by revising subsection (i)(2) to read as
follows:
"(2) A former spouse shall not be considered as married to a
participant for periods assumed to be creditable service under
section 808(2) or section 809(e)."
(2) Section 817 of such Act is amended by adding, at the
end thereof, the following new sentence:
"Such extra credit shall not be used to determine the
eligibility of a person to qualify as a former spouse under
this subchapter, or to compute the pro rata share under
section 804(10)."
(c) EMPLOYEE OF A MEMBER OR OFFICE OF THE CONGRESS--Section
854 of the Foreign Service Act of 1980 (22 U.S.C. 4071(c)) is
amended in the second sentence of subsection (e) by striking
out "matching" and inserting "determined under section 857(a)"
immediately following the parenthesis.
SEC. 412. COST OF LIVING ADJUSTMENTS
Section 826 of the Foreign Service Act of 1980 (22 U.S.C.
4066) is amended by revising subsection (c)(1) thereof to read
as follows:
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"(c)(1) The first increase (if any) made under this section
to an annuity which is payable from the Fund to a participant
or to the surviving spouse or former spouse of a deceased
participant who-died in service or a deceased annuitant whose
annuity was not increased under this section, shall be equal to
the product (adjusted to the nearest 1/10 of 1 percent) of--
"(A) 1/12 of the applicable percent change computed
under subsection (b) of this section multiplied by
"(B) the number of months (counting any portion of a
month as a month)--
"(i) for which the annuity was payable from the
Fund before the effective date of the increase, or
"(ii) in the case of a surviving spouse or former
spouse of a deceased annuitant whose annuity has not
been so increased, since the annuity was first payable
to the deceased annuitant.".
SEC. 413. ELECTION TO PROVIDE SURVIVOR ANNUITY.
(a) ELECTION.--A former participant who married his/her
current spouse before the effective date of this Act and who
ma-rried such spouse after retirement under the Foreign Service
Retirement and Disability System and who was unable to provide
a survivor annuity for such spouse because--
(1) the participant was married at the time of
retirement and elected not to provide a survivor annuity
for that spouse at the time of retirement, or
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(2) subject to subsection (e), the participant failed
to notify the Secretary of State of the participant's post-
retirement marriage within one year after the marriage, may
make the election described in subsection (b).
(b) ELECTION DESCRIBED.--(1) The election referred to in
subsection (a) is an election in writing--
(1) to provide for a survivor annuity for such spouse
under section 806(g) of the Foreign Service Act of 1980 (22
U.S.C. 4046(g));
(2) to have his or her annuity reduced under section
806(b)(2) of such Act; and
(3) to deposit in the Foreign Service Retirement and
Disability Fund an amount determined by the Secretary of
State, as nearly as may be administratively feasible, to
reflect the amount by which such participant's annuity
would have been reduced had the election been continuously
in effect since the annuity commenced, plus interest
computed under paragraph (2).
(2) For the purposes of paragraph (1), the annual rate of
interest shall be 6 percent for each year during which the
annuity would have been reduced if the election had been in
effect on and after the date the annuity commenced.
(c) OFFSET.--If the participant does not make the deposit
referred to in subsection (b)(3), the Secretary of State shall
collect such amount by offset against such participant's
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annuity, up to a maximum of 25 percent of the net annuity
otherwise payable to such participant. Such participant is
deemed'to consent to such offset.
(d) NOTICE.--The Secretary of State shall provide for
notice to the general public of the right to make an election
under this section.
(e) PROOF OF ATTEMPTED ELECTION.--In any case in which
subsection (a)(2) applies, the retired employee or Member shall
provide the Secretary of State with such documentation as the
Secretary of State shall decide is appropriate, to show that
such participant attempted to elect a reduced annuity with
survivor benefit for his or her current spouse and that such
election was rejected by the Secretary of State because it was
untimely filed.
(f) DEPOSIT.--A deposit required by this subsection may be
made by the surviving spouse of the participant.
(g) LIMITATION.--The election authorized in subsection (a)
may only be made within one year after the effective date of
this Act in accordance with procedures prescribed by the
Secretary of State.
(h) DEFINITION.--For the purposes of this section, the
terms "participant" and "surviving spouse" have the same
meaning as such terms as used in subchapter I of chapter 8 of
the Foreign Service Act of 1980.
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SEC. 414. CONFORMING AMENDMENT
Section 904(b) of the Foreign Service Act of 1980 is
amended by inserting "or Foreign Service Pension System" after
"Foreign Service Retirement and Disability System".
SEC. 415. SAVINGS PROVISION
All determinations, authorizations, regulations, orders,
agreements, or other actions made, issued, undertaken, entered
into or taken under authority of any provision of the Foreign
Service Act of 1980 repealed, modified, or affected by this Act
shall continue in full force and effect until modified,
revoked, or superseded by appropriate authority.
SEC. 416. EFFECTIVE DATES
(a) Except as provided in subsection (b), this title and
the amendments made by this title shall be effective on the
first day of the third month that begins on or after the date
of enactment of this Act and shall apply to each individual
who separates from, retires under, or whose annuity commences
under the Foreign Service Retirement and Disability
System--hereafter in this section referred to as "the
System"--before, on, or after such effective date.
(b)(1) The amendment made by section 401(a) extending
eligibility for benefits under the System to certain former
spouses married less than 10 years shall apply to individuals
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who become former spouses under section 804(6) of the Foreign
Service Act of 1980--hereafter in this section referred to as
"the Act"--on or after such effective date.
(2) The amendment to section 860(g) of the Act made
by section 402(c) shall apply to any individual who marries
on or after such effective date.
(3) The amendment to section 814(a) and (b) of the
Act made by section 404 and the amendment of section 815(i)
of the Act made by section 406(b), adding a requirement for
at least 5 years of marriage to have occurred while the
participant was a member of the Foreign Service for a
former spouse to acquire entitlement to pro rata share
benefits shall not apply to any individual who is a former
spouse of such participant on such effective date.
(4) The amendments to section 806 and 809 of the Act
made by section 405 shall apply to children whose annuities
commence on or after such effective date.
(5) The amendments to section 815(a) of the Act made
by section 406(a) shall apply to lump-sum payments for
which application is made on or after such effective date.
(6) The amendments made to section 820(b) of the Act
by section 407 shall apply to spousal agreements concluded
or court orders issued after such effective date.
(7) The amendment made to section 811 of the Act by
section 410 relating to voluntary retirement, shall not
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apply to individuals who are participants in the System on
the date of enactment of this Act.
(8) The amendment made to section 826 (c)(1) of the
Act of section 412 relating to the formula for proration of
the initial cost-of-living adjustment of the Foreign
Service annuity shall be made retroactively effective to
August 13, 1981, and shall apply to annuities which
commence before, on, or after such date.
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Section-by-Section Analysis
AN ACT
TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEARS 1988 AND
1989 FOR THE DEPARTMENT OF STATE, AND FOR OTHER PURPOSES
TITLE I - AUTHORIZATION OF APPROPRIATIONS
Section 101: Short Title
This section provides that the Act may be cited as the
"Department of State Authorization Act, Fiscal Years 1988 and
1989".
Section 102: Authorization of Appropriations
This section provides an authorization of appropriations
for the Department of State in accordance with the provisions
of section 15(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2680), as amended. This Act primarily
authorizes funds to be appropriated under this legislation for
the fiscal years 1988 and 1989 category.
Category (1) -- authorizes appropriations under the
heading "Administration of Foreign Affairs" for fiscal years
1988 and 1989. This category provides the necessary funds for
the salaries, expenses and allowances of the officers and
employees of the Department, both for the United States and
abroad. It includes funds for executive direction and policy
formulation, conduct of diplomatic relations with foreign
governments and international organizations, domestic public
information activities. This category also provides for
representational expenses in accordance with Section 905 of the
Foreign Service Act of 1980. Further, it authorizes funds for
such activities as the acquisition and maintenance of office
space and living quarters for staff of United States agencies
abroad; funds for relief and repatriation loans to United
States citizens abroad and for other emergencies of the
Department; and authorizes appropriations for buying power
maintenance and protection of foreign missions and officials,
and the American Institute in Taiwan.
Category (2) -- authorizes appropriations for fiscal years
1988 and 1989 under the heading "International Organizations
and Conferences". This category provides the necessary funds
for United States contributions of its assessed share of the
expenses of the United Nations and other international
organizations of which the United States is a member. In
addition, provision is made for funding of official United
States Government participation in regularly scheduled or
planned multilateral intergovernmental conferences, meetings
and related activities, and for contributions to international
peacekeeping activities in accordance with multilateral
agreements.
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Category (3) -- authorizes appropriations for fiscal years
1988 and 1989 under the heading "International Commissions".
This category provides funds necessary to enable the United
States to meet its obligations as a participant in
international commissions such as the American Sections of
international commissions dealing with American boundaries and
related matters-with Canada and Mexico, and international
fisheries commissions.
Category (4) -- authorizes appropriations for fiscal years
1988 and 1989 under the heading "Other Activities". This
category enables the Secretary of State to provide assistance
and make contributions for migrants and refugees, including
contributions to international organizations such as the United
National High Commissioner for Refugees, and the International
Committee for the Red Cross, and through private voluntary
agencies and through governments, and bilateral assistance, as
authorized by law. This category also provides funds for
United States bilateral science and technology agreements,
Soviet-East European research, the Asia Foundation, the
Fishermen's Protective Fund and the Fishermen's Guaranty Fund.
In addition to the amounts requested to be authorized in
this bill, the Department plans to utilize the following
authorizations already enacted by Congress for:
- Acquisition and Maintenance of Buildings, $417,962,000
in 1988 by the Diplomatic Security and Anti-terrorism Act
of 1986 (P.L. 99-399).
- Fishermens' Protective Fund, $1,000,000 in 1988 by the
Fishermens Protective Act (P.L. 99-659).
- Fishermens' Guaranty. Fund, $1,800,000 in 1988 by the
Fishermens Protective Act (P.L. 99-659).
As a result, the total authorization amounts, including
these authorizations, is $3,711,746,000 for fiscal year 1988
and such sums as may be necessary for fiscal year 1989.
TITLE II - MISCELLANEOUS PROVISIONS
Section 201: Insurance abroad
Chiefs of mission and other senior officers, who are
required to maintain residences which exceed personal
requirements because of official representational
responsibilities, would be authorized to obtain so-called
"home-owner's" liability insurance at Government expense. This
would offset potential personal liability of these officers for
death or injury to official invitees on the premises and
provide compensation to such persons which may be unavailable
or inadequate under the laws applicable to tort claims against
the United States.
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Section 202: Termination of Extra Credit for Service at
Unhealthful Posts
The Foreign Service Retirement and Disability System
provides that, in lieu of receiving a hardship differential for
service at unhealthful posts, extra credit may be given toward
retirement, by counting each year of duty at such posts as one
and one-half years for computing length of service. The
hardship differential is available to all employees under 5
U.S.C. sections 5925 or 5928, but the civil service retirement
systems do not contain a comparable extra credit prov-ision.
The new Foreign Service Pension System, created by P.L. 99-355,
also does not contain such a provision, based on the judgment
that the hardship differential was an appropriate recompense
for service at unhealthful posts and that a special additional
provision for foreign service personnel only was not warranted.
.In keeping with that judgment, and in order to conform the
two Foreign Service retirement systems, this amendment would
establish a cut-off date for extra credit under the old
system. This cut-off is would apply to any service as part of
a tour of duty, or extension thereof, commencing on or after
January 1, 1988, so that persons who have committed themselves
to service at a hardship post on the understanding that they
could receive extra credit would still receive such credit.
Section 203: Authority of Diplomatic Security Service
This section amends the authority of Department of State
special agents to arrest without a warrant in order to correct
ambiguity in the current language and to enable the Department
more effectively to carry out its enforcement
responsibilities. Under current law, in order for a special
agent to make an arrest for a felony violation not committed in
his presence, two requirements must be met: the agent must
have reasonable grounds to believe that such person has
committed or is committing such violation and, in addition, the
person must be in or fleeing from the immediate area of the
commission of the violation.
The requirement that an individual be in or fleeing from
the area of the crime is not a usual condition of comparable
arrest authorities; for example, the arrest authorities of the
Secret Service, F.B.I., Bureau of Alcohol, Tobacco and
Firearms, and the Drug Enforcement Administration do not
contain such a requirement. It is, moreover, a severely
restrictive requirement, which effectively permits arrest only
when the agent can apprehend the violator almost immediately
after the crime. If, for example, the violator successfully
escapes pursuit by the agent, the agent cannot later arrest
him. Even if an individual were to confess to previously
committing a crime in the presence of an agent, no arrest could
be made. The proposed amendment would remove this requirement,
conforming this arrest authority to the comparable authority of
other federal agencies.
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Section 204: Passport and Visa Fees
Current law (22 U.S.C. 214 and 215) requires the deposit
into the Treasury of all fees collected for execution of
applications for passports and visas an for issuance of
passports and placing visas in alien passports. (22 U.S.C. 214
permits execution fees to be retained by States or reimbursed
to the Postal Service on passport applications processed by
them.) In addition, specific statutory authority is necessary
to prevent fees collected by the Government from reverting to
miscellaneous receipts of the Treasury. In order to maintain
the pace toward automation of the passport and visa functions
of the Department of State, this amendment would authorize the
creation of a $20 million fund from fees collected for passport
services, visa services, and notarial services to be credited
to an account which will only be available for that program.
(Consular officer has the meaning defined in section 101(a)(9)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9).)
This fund would be replenished each year from current consular
fee receipts, but no more than $20 million would be available
in any one year. This amendment will help reach the objectives
set in section 132 of the 1986-1987 State Authorization Act to
identify narcotics traffickers, as well as enhancing our
counter terrorism capability as recommended by the Inman
Panel. Annual savings in appropriated funds are estimated to
be $20 million.
Section 205: Minimum Annuity under the Civil Service
Retirement and Disability System
This amendment would reinstate a provision repealed by
Section 305 of the Benefits Improvement Act (Public Law
99-251), effective February 27, 1986, in order to restore to
Foreign Service Nationals employed under the Foreign Service
Act of 1980, as amended, their entitlement to a guaranteed
minimum annuity. The minimum annuity provided for under this
amendment would be the smaller of: (1) the minimum amount paid
to Social Security recipients in the United States or (2) 80%
of their "high three" average pay. The restoration of this
annuity will result in just treatment of Foreign Service
national employees who have already completed many years of
service on the understanding that a minimum annuity would be
provided.
Section 206: Carry-Over of Senior Foreign Service Performance
Pay
This is a conforming amendment, which exactly parallels a
provision added to 5 U.S.C. 5383 with respect to the Senior
Executive Service by P.L. 98-615 of November 8, 1984. The
purpose is identical to that for the earlier SES provision, to
make it possible for the most distinguished performers to
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receive full benefits devised by the Congress in recognition of
their contributions, without exceeding in any one year the
statutory limit for combined base pay and performance
pay/presidential awards of the salary of Executive Level I paid
to a Cabinet Secretary. Currently, the pay structure for the
SES and the SFS is identical, except for the absence of this
provision with respect to the SFS.
Section 207: Compensation of Fascell Fellows.
This is a perfecting amendment, intended to clarify the
original intent of Title X of P.L. 99-399 that Fascell Fellows
could either be appointed on limited Foreign Service
appointments, or on a contractual basis. Under this amendment,
appointments under limited Foreign Service appointment
authority would be subject to all laws and regulations
governing federal employees. Compensation under a contractual
arrangement, on the other hand, would be governed by Section
2(c) of the State Department Basic Authorities Act, concerning
personal service contracts.
Section 208: Overseas Construction Hazard Insurance
Section 208 would add a new subsection to section 16 of
the State Department Basic Authorities Act to provide clear
authority for the United States'Government to accept direct
responsibility for injuries to the employees of contractors at
diplomatic and consular missions caused by terrorist
activities. In connection with the major security enhancement
construction program authorized by Title IV of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986, the
Department of State made inquiries concerning the possibility
of obtaining a blanket workmen's compensation policy to provide
coverage required by the Defense Base Act (42 U.S.C. 1651 et
seq.). The Agency for International Development has
experienced major cost savings through use of such a blanket
policy.
A major stumbling block to obtaining coverage has proved
to be uncertainty as to the scope of the War-Risk Hazards Act
(42 U.S.C. 1701 et seq.), under which the United States assumes
direct responsibility for certain workmen's compensation claims
arising from war risks and other hostile actions. Since
certain types of terrorist activities are not clearly within
the statutory definition of "war-risk hazard," insurance
underwriters expressed reluctance to write blanket coverage
that might involve substantial and uncertain risk of injuries
due to terrorist bombings or similar attacks. The proposed
legislation is consonant with the original intent of the
War-Risk Hazards Act to place uniquely governmental risks
directly with the Government and would ensure that Defense Base
Act insurance for security enhancement and other contracts at
our missions abroad will be available at reasonable costs.
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Section 209: Authority to Designate Foreign Depositaries
At present, the process for reviewing and selecting
depositaries abroad for USDO funds is layered and confused.
While the Secretary of the Treasury has the statutory
responsibility, in reality it is the State Department which has
the major interest in and devotes the major resources to
evaluating and selecting overseas depositaries. Since,
however, there are legal obstacles to delegating functions
specifically assigned by statute to an agency head to another
agency, the proposed amendment would specifically authorize the
Secretary of the Treasury to delegate any of his authority
under 31 U.S.C. 3303(b) to designated depositories in foreign
countries to the Secretary of State. This would then allow the
Departments of Treasury and State to work out an interagency
agreement giving State the primary responsibility for
evaluation and selecting necessary banks to hold United States
Disbursing Officer (USDO) Accounts.
Section 210: Authority to Transfer Retirement Contributions
for FSN'S to Local Plans
Pursuant to the policy and authority of section 408 of the
Foreign Service Act of 1980, concerning local compensation
plans, the Department of State has been in the process of
establishing local retirement plans for foreign national
personnel abroad. Unlike the civil service retirement system,
which is designed for personnel living in the United States,
such local plans can be tailored to local circumstances,
including the characteristics and needs of the foreign national
employees. A significant number of foreign national employees
who participate in such plans, however, are also vested
participants in the Civil Service Retirement and Disability
System. Thus, upon retirement, there will be a double burden
of administration for such employees, even though in many cases
the ultimate civil service annuity for such persons would be
quite small.
This amendment seeks to further the policies of section
408, and to reduce administrative costs for the Civil Service
Retirement and Disability System, by permitting the transfer of
a foreign national employee's interest in the civil service
system to a local plan. The Secretary of State would determine
which local plans would qualify for transfer; generally, these
would be plans established by the U.S. Government with
insurance companies, banks, or comparable institutions. A
government social security benefit system would not be
considered as a qualifying local retirement plan. A single
one-year election period is provided, in order to provide
maximum encouragement to employees to take advantage of this
possibility. Since the process of establishing local plans is
ongoing, and not yet complete, one-year period would be
determined on a post-by-post basis, depending on the
availability of an approved local plan.
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Section 211: Preservation of Museum Character of Portions of
Department of State Building
This section provides authority for the Secretary of
State, with the guidance of the Department of State's Curator
of the Diplomatic Reception Rooms, to preserve the present
style and quality of designated areas of the Department of
State Building. It is similar to Public Law 87-286 (75 Stat.
586) which is the basis for preserving the museum character of
the White House.
Subsection (a) describes the areas so designated; they are:
(1) the Diplomatic Reception Rooms on the 8th floor of
the building (the John Quincy Adams, Thomas Jefferson,
Benjamin Franklin, James Monroe, James Madison, Henry
Clay, Martin Van Buren, Daniel Webster, James Buchanan,
Robert Livingston Rooms and adjacent lounges and halls); -
(2) the offices and reception areas of the Secretary
and Deputy Secretary of State on the 7th floor of the
building, and
(3) the floor Reception Area (immediately outside the
Secretary's office, also known as the Treaty Rooms).
Subsection (b) directs the Secretary of State to
administer and regulate the historical areas designated in
subsection (a), called the museum areas for purposes of this
section, by such means and measures as conform to their
fundamental purpose. This would include access to the public,
as in present practice, to provide proper security and to avoid
unnecessary wear and tear. The fundamental purpose is to
conserve the architecture, furnishings, and historic objects in
these areas essentially as they now are and to provide for
their enjoyment in.a manner and means which will leave them
unimpaired for the use and enjoyment of future generations.
The Secretary of State, with the guidance of the Curator (who
will have day-to-day supervision of the museum areas) is to
give primary attention to the preservation and interpretation
of the museum character of the designated areas as presently
existing or under current development. (The completion of the
Deputy Secretary's offices is scheduled for 1988). However,
this authority is not to exercised in a way which would
conflict with the administration of the State Department or
with the use of the museum areas for official purposes.
Subsection (c) provides authority for the Secretary of
State to decide which articles of furniture, fixtures, and
decorative objects now in the areas or subsequently acquired,
are of historic or artistic interest and to dispose of those
items solely in accordance with this section. The Curator, of
course, would advise the Secretary in making these decisions.
Subsection (d) authorizes the Secretary of State to sell
or trade items designated under subsection (c) when they are
not needed for the museum areas or can be used to upgrade the
museum areas. In order to provide the Curator the flexibility
necessary to carry out the purposes of this section, such sales
or trades are exempted from the provisions of the Federal
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Property and Administrative Services Act of 1949, as amended.
However, conditions on items accepted as conditional gifts
would continue to be observed. Proceeds of sale would be
credited to the State Department's unconditional gift account
and allocated tot he Curator. Items obtained in trade would
become the property of the Secretary of State under this
section. Through the Secretary, the Curator would also be
authorized to lend articles from the museum areas to other
institutions, such as museums, for care, repair, study, storage
or exhibition.
Subsection (e) designates a position in the Department of
State as Curator for the Diplomatic Reception Rooms. The
present incumbent serves under a career appointment, but when
it should be necessary to find a replacement, the subsection
would authorize the Secretary of State to set the level of
salary administratively, but no higher than Executive Schedule
Level IV which is the maximum rate for positions under 5 U.S.C.
5315, and would make the appointment subject to termination at
the pleasure of the Secretary. In order to carry out the
purposes set forth in subsection (b), it will be necessary to
appoint to the position a person with recognized expertise in
historical decoration, and this authority will permit the
Department to attract properly qualified persons with salary
and promotion possibilities, to assure the necessary
relationship of mutual trust and confidence, the subsection
further would authorize the Secretary to terminate an
appointment when it is deemed necessary.
Section 212: Authority to Insure Contents of State Department
Diplomatic Reception Rooms
This section authorizes-the Department of State to use
appropriated funds to insure all of its valuable Americana
Collection whether donated in kind, purchased with donations of
money or loaned. At present the Department has the authority
to insure loaned items by Comptroller General Ruling"(17 Comp.
Gen. 5(1937)), and items which are gifts to the collection
(section 25(d) of the State Department Basic Authorities Act of
1956, 22 U.S.C. 2697(d)). The Department lacks authority to
insure things purchased with donations of money. In a recent
inspection report, the Department's Program Inspector General
recommended that the Department "...seek appropriate
legislative authority...to insure the entire collection." This
seems prudent, and this section would do that. This insurance
would cost approximately $42,000 annually. The collection is
estimated.to be worth $30,000,000.
Section 213: Official Residence for the Secretary of State
This section would make clear that the Department of
State, using its gift authority under section 25 of the State
Department Basic Authorities Act of 1956, may construct, or
acquire by purchase or gift, a suitable permanent residence
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within the Washington, D.C. area for future Secretaries of
State. The Department would be authorized to insure the
residence, its contents and other structures on the property.
In carrying out the purposes of this section, the Department
would be authorized to use the provisions of 22 U.S.C. 4308(d)
with respect to contracting.
Section 214: Reporting Requirements
Taken together, these four amendments are intended to
simplify reporting requirement associated with the Foreign
Service Act of 1980, and a closely related provision in the
Foreign Relations Authorization Act, Fiscal Years 1985 and 1986
(P.L. 99-93), as a result of time and experience with the
reports in question. The intent is to continue to provide the
Congress with desired information, while reducing the workload
involved in producing reports the relevance of which is now
overtaken, or the utility of which has proven to be
questionable.
Subsection (a)(1) eliminates a redundant provision of
section 105, which requires a comprehensive report on Equal
Employment Opportunity activities which essentially replecates
information produced on a somewhat different time schedule and
in a slightly different format for the Equal Employment
Opportunity Commission. Elimination of the current
requirements and substitution with this new one will continue
to provide the same information to the Congress, while
simplifying production difficulties.
Subsections (a)(2) and (4) taken together revise the
reporting requirements associated with the concept of
maintaining a "regular, predictable flow" of personnel into the
Foreign Service, into and through the Senior Foreign Service,
and leaving the Service; and eliminate certain "one-time"
reporting requirements no longer need because implementation of
the Foreign Service Act is complete. Subsection (c) repeals
the existing reporting requirement in its entirety, but
subsection (d) reinstates, in language identical to that in the
original report, those elements which continue to be useful.
The requirement to continue to report on "stretch" and
"down-stretch" assignments is maintained, although the
requirement to produce a name list is omitted as being
unnecessary. Such information could be provided by request, if
particular circumstances make it pertinent in the Congress's
view.
Subsection (a)(3) repeals the requirement to produce an
annual report on agency professional development programs and
the resources necessary and available to achieve them. This
report has proven to be particularly difficult to develop on
the required interagency basis, has not served the intended
purpose of making more resources available for professional
development activities, and has elicited no comment or notice
from recipients. The agencies would continue to undertake to
provide information on professional development for oversight
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purposes in the context of authorization and appropriation
submissions, and as requested by the Congress when specific
issues warrant.
Subsection (b) eliminates a reporting requirement which
relates to the report referred to in subsection (a)(1).
Section 215: Authority to Invest and Recover Expenses from
Claims Settlement Funds
Subsection (a) of this proposed section would provide
general statutory authority for Treasury to earn and pay
interest of funds deposited by foreign governments pursuant to
lump-sum claims settlements, pending payment to individual
claimants. At present, when the United States enters into a
claims settlement agreement with another country, amounts paid
to the U.S. Government are held in individual claims accounts
by the Treasury. There is often considerable delay between the
time the payments are made to the Treasury and the time at
which the individual claims are fully adjudicated and paid to
successful claimants. The International Claims Settlement Act
of 1949, however, makes no provision for investment and accrual
of interest. Congress has addressed this problem in the
Czechoslovakian Claims Settlement Act of 1981, which
specifically provides that the Secretary of the Treasury shall
invest settlement monies at market rates and that the interest
earned shall be paid to claimants along with the principal
amount of the settlement. This amendment would provide
similar authority with respect to other settlement funds.
Subsection (b) would revise 22 U.S.C. 2668a, concerning
funds received by the Secretary of State from foreign
governments and others in settlement of international claims,
in order to require the Secretary of State to deduct a
percentage fee amount for reimbursement of expenses in cases
where the payment is received as a result of an international
arbitration or other international dispute settlement
proceedings to which the United States is a party. This amount
would be deducted from amounts determined to be due to U.S.
citizens in connection with such claims, and would be placed in
a separate account in order to defray the expenses of future
proceedings of this character. Separate statutes already
provide for such a deduction with respect to the Iran-United
States Claims Tribunal and the Foreign Claims Settlement
Commission, which are therefore exempted from the operation of
this section.
Section 216: Creditability of Certain Foreign National
Employee Service
This amendment would provide equitable treatment for a
relatively small number of foreign service national employees
who rendered service under personal contracts prior to December
31, 1983. Prior to 1982, such service was creditable toward
civil service retirement. The Office of Personnel Management
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then changed its interpretation, so that only persons who
actually retired prior to the change received such credit. No
specific exemption was made for foreign service national
employees at the time, but such an exemption is justified,
since the conditions of employment of foreign service nationals
under personal service contracts closely parallel those of
foreign service. nationals serving as direct-hire employees, and
the different rules on creditability were not established at
the time. This amendment establishes a cut-off date of
December 31, 1983, in order to take account of service
performed under contracts entered into before posts were
advised of the new rule on creditability.
TITLE III - PERSONNEL PROVISIONS
Section 301(1): Five Percent Limitation on Non-Career Members
of the Senior Foreign Service
(F.S. Act Sec. 305(b))
Section 305 of the Act now provides that career government
employees who are members of the Senior Executive Service are
not to be counted against the 5% limit on non-career membership
in the Senior Foreign Service. Most senior career government
officials appointed to limited appointments in the SFS, with
reemployment rights to their career status, will in fact come
from the SES. In rare cases, however, it will be desirable to
appoint a non-SES career employee to an SFS limited appointment
(for example, a scientific supergrade appointed under P.L.-313,
or a member of one of the parallel services to the SES. This
amendment would exempt career government officials from their
other career services from being counted against the non-career
ceiling. This is consistent with the original purpose of the
1980 Act.
Section 301(2): Exclusions From 5 Year Limit on Limited
Appointments (F.S. Act Sec. 309)
This amendment would correct omissions in the original
text of section 309 and would consolidate in a single section
all exceptions to the 5 year limitation on the duration of
limited appointments. Exceptions are provided in order to
avoid interruption of a current assignment, for'service as a
consular agent, for employment as a family member, for career
officials whose home base is another agency and who are serving
abroad on reimbursable detail in a Foreign Service position,
and for continued service as a career candidate when a
grievance is pending. Consular agents perform consular and
related services in locations where there are no Foreign
Service posts, and' it is highly desirable to retain their
services for an indefinite period of time, if their performance
is satisfactory. They cannot be career members of the Foreign
Service, either because they are foreign nationals, or because
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they are available for service only in one locality. Career
candidates serving on limited appointments sometimes contest
decisions not to grant them career status before the expiration
of the maximum 5 year period for such appointments. The
amendment would clarify the Department's authority to extend
the candidate's appointment in such a case, if ordered by the
Foreign Service Grievance Board, or if deemed necessary
administratively to provide an equitable chance for career
consideration. The exception for family members is already
provided by existing law, but is consolidated here with other
exceptions for convenient reference. The exception to permit
completion of a current assignment is intended to promote
greater efficiency in the assignment of individuals serving
under limited appointments. It is expected that the need to
use this authority will arise rarely. Finally, the exception
for career employees of other agencies serving on reimbursable
detail in a Foreign Service position is necessary to further
the efficiency of government operations in rare circumstances.
For example, career Civil Service employees of the Social
Security Administration routinely serve abroad as Federal
Benefits officers for a single tour, and then return to SSA.
At times, however, replacements are difficult to find, and both
the employee and SSA would prefer to have them remain in their
assigned positions for a longer period of time. It is not
disadvantageous to the employee for this to occur, since it
would only be done voluntarily, and would not affect their
career status.
Section 302(a): Eligibility for Within Grade Salary Increases
(F.S. Act Sec. 406)
Section 406 presently addresses three points. First, it
provides in subsection (a) a'schedule for regular within-class
salary increases for members of the Service. Second, in the
same subsection it provides for withholding such increases on
the basis of selection board determination that performance,
while satisfactory, is at a level below the standards of
performance for his or her salary class. Finally, subsection
(b) provides for additional increases for meritorious service.
Because of the difference between the Foreign Service
performance evaluation cycle and the anniversary dates of
promotion into a class, it has been difficult under the present
language to reconcile the regularly scheduled increases with
meritorious increases, on the one hand, and, on the other,
withholding of regular increases on performance grounds. The
amendments would make it clear that, by regulation, the actions
may be keyed to one another or kept independent as
appropriate. They also provide, as is the case for the Civil
Service, that no more than one additional increase for
especially meritorious service shall be granted within any
twelve-month period. Language incentive awards, should they be
in the form of step increases, are not to be construed as
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periodic or meritorious increases within the meaning of this
section.
Under new subsection (c) regulations would be issued to
require starting a new waiting period for periodic increases
under subsection (a) following receipt by a member of an
equivalent increase in pay, comparable to OPM regulations for
General Schedule employees. Regulations would also govern
deferral or withholding of periodic increases in case of
members on leave without pay or in part-time employment and
mandatory deferral or withholding in cases where selection
boards determine performance is not up to the standard of the
class, and that determination is administratively upheld.
New subsection (d) parallels after 5 U.S.C. 5335 (b) and
is added to preserve the benefit of periodic increases for
members whose service is interrupted by service in the
uniformed services or essential civilian employment during a
period of war or national emergency.
Section 302(b) and (c): Establishing a pay authority for the
Director of the International Communications
Policy Bureau and the Director of the Office
of Foreign Missions.
Subsections (b) and (c) of section 302 would establish a
pay authority for the Director of the International
Communications Policy Bureau and for the Director of the Office
of Foreign Missions, retroactive to the date on which these
positions were established by P.L. 98-164 (97 Stat. 1017).
Both of these positions require Senate confirmation; present
duties are at the EX-4 level. No pay authority is now in
existence other than non-career SFS, which is inappropriate for
domestic political appointees. SES authorities are
specifically not available for positions requiring Senate
confirmation.
Section 303(1): Ineligibility for Promotion After Expiration of
Time-In-Class (F.S. Act Sec. 601(b))
In certain cases, members of the Foreign Service are
allowed to remain beyond expiration of their time-in-class,
normally for humanitarian reasons to allow them to qualify for
an immediate annuity. (Individuals at the FS-1 level and
higher are eligible for such an annuity at expiration of
time-in-class under section 609, but those at FS-2 and lower
are not.) This amendment would expressly provided that
individuals retained for this purpose are not eligible for
promotion. If they were allowed to compete for promotion, then
time-in-class rules would become meaningless.
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Section 303(2): Limited Career Extensions Below The Highest
Class in an Occupation Retention After
Expiration of TIC to Gain Eligibility for an
Immediate Annuity (F.S. Act Sec. 607(b)(1) and
607(d) (2))
The current law permits Limited Career Extensions (LCEs)
when individuals have attained the highest salary class for
their occupation categories except in the Senior Foreign
Service, in which case LCEs are available at each class level.
The first amendment clarifies the original intent of the Act by
specifying that Foreign Service Officers are not eligible to
receive LCE's at class 1. The second amendment would provide
new authority to the Secretary to retain individuals below the
FS-1 level for more than one year after their TIC has expired,
in order to allow them to qualify for an immediate annuity.
Section 303(3)(A) and (B): Retirement Benefits/Severance Pay
For Individuals Separated From the Service After Expiration of
TIC or Failure to Have a Limited Career Extension Renewed
(F.S. Act Sec. 609(a) and (b))
Without these amendments, an individual leaving the
service from class FS-2 or below for expiration of
time-in-class would receive severance pay, while one at the
same level who leaves for expiration of a limited career
extension without renewal would be entitled to an immediate
annuity. The two situations should be treated in the same
way. The amendments would conform the two cases, and follow
the existing practice, first legislated in 1946, that those
separated involuntarily from class FS-1 or higher receive an
immediate annuity, while those separated involuntarily from
classes FS-2 and lower receive severance pay.
Section 303(4): Judicial Review in Separation for Cause
Cases (F.S. Act Sec. 610(a)(2))
Section 1110 of the Act authorizes an aggrieved party in a
grievance case to obtain judicial review of a final action of
the Secretary or the Board. Section 610, which provides for
separation for cause, specifically applies only the hearing
procedures of section 1106 to separation cases before the
Board. Other provisions of Chapter 11 applicable to grievances
may in general be applied to the extent appropriate to
separations by rule of the Board itself, but it takes a
provision of law to have judicial review. This amendment would
apply the judicial review provision, now applicable to
grievances, to separation for cause cases as well.
Section 304 (1): Extension of Family Visitation Travel to
Family Members (F.S. Act Sec. 901 (8))
Current law provides that employees may visit their family
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when family members are not allowed at post. As section 901(8)
is currently written, only employees receive this travel.
There have been cases where dependent children were not allowed
at post, and this amendment would allow spouses to receive the
same visitation travel as employees to visit children in the
U.S. or at other locations.
Section 304(2): Family Visitation Travel for Family Member or
Members of Service to Go to Post in Emergency
Circumstances (F.S. Act Sec. 901(9))
In today's Foreign Service it is increasingly likely that
married employees go abroad while the family remains in the
U.S. Under current law, expenses of emergency visits may only
be paid from a location abroad. Thus, if an employee becomes
seriously ill, the spouse who wishes to visit the employee
cannot be reimbursed. This amendment would permit payment for
emergency visitation to post as well as from post.
Section 304(3): Payment of Household Moves at Post (F.S. Act
Sec. 901(11))
The purpose of this amendment is to make explicit the
Secretary's authority to treat overseas personnel in
government-leased and government-owned housing and personnel in
privately leased housing equally when it comes to paying for
moves required for reasons of force majeure at post. At
present the government pays for the moving costs when
individuals are housed in government-leased or owned quarters,
but not when they are in privately leased quarters. Since the
individuals are at post for the convenience of the government,
since the government is paying for the costs of the housing and
because the method of providing housing abroad is at the option
of the government, there is no reason to treat employees
differently by reason of the housing arrangements the
government has selected when those employees are required by
circumstance beyond their control to move. Examples of such
circumstances include destruction of the housing or to comply
with new local laws or restrictions.
Section 305: Annuities and Other Benefits for Certain Former
Spouses (F.S. Act Sec. 830 and 831)
This amendment adds two new sections, 830 and 831, to
title I of Chapter 8 of the Act to provide survivor annuities
and access to health insurance coverage to former spouses who
were divorced from members of the Service before the effective
date of the 1980 Act. This will ease the plight of this closed
group of less than 100 former spouses who have spent long
periods in support of the U.S. Government through service with
their former husbands at posts abroad. The 1980 Act protects
those who become former spouses after its effective date of
February 15, 1981, but that Act was not made retroactive.
This amendment would allow these former spouses to receive
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survivor annuities, provided that the former spouse meets these
qualifying conditions:
(i) does not remarry prior to age 55;
(ii) was married to a participant who was qualified to
leave a survivor annuity;
(iii) was married to the participant during at least 10
years of creditable service, and during at least 5
years in the Foreign Service;
(iv) is not entitled to an annuity by election under
section 2109 or as a designated beneficiary of
the employee;
(v) files an application within 30 months; and
(vi) is over age 50 at the time of filing such
application.
The Secretary would be required to issue implementing
regulations within 120 days of enactment and, to the maximum
extent practicable, to notify affected individuals. Benefits
under this section would be paid from the Fund without
requiring any reduction of benefits paid to others.
It is estimated that eligible persons covered by this
retroactive program have served abroad in the Foreign Service
community an average of 12 years. They deserve this benefit
because --
Many in this group are old, disabled, and have little
work experience.
-- They are cut-off from Government pensions and few
have Social Security protection.
-- They faced disadvantages not faced by others cultural,
legal and linguistic barriers to their own paid employment;
-- They were subjected-to riots, bombings, and diseases;
-- They were required, prior to 1972, to perform
representational tasks for the United States.
Section 831 would allow former spouses divorced before May
7, 1985 access to the Federal Employees Health Benefits Plan,
under certain conditions. The former spouse would need to
demonstrate that he or she was covered as a married dependent
of an employee within eighteen months of the divorce. The
former spouse would pay both the employer and employee's share
of premiums, and the former spouse could not participate in the
Plan if he or she had other group health insurance coverage.
Section 306(1): Changing the Salary of Ambassadors at Large
(5 USC 5313)
This change would reduce the salary levels of Ambassadors
at Large from Executive Level II to Level IV, i.e., from the
equivalent of the Deputy Secretary to the equivalent of an
Assistant Secretary. The Department believes this change is
needed to reflect accurately the responsibility vested in
Ambassadors at Large. Ambassadors who are Chiefs of Mission
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are no longer paid at the equivalent of Level II; Ambassadors
at Large should similarly be salaried at a lower Executive
Level. This provision would not reduce the salary of employees
currently serving as Ambassadors at Large, but would take
effect prospectively.
Section 306(2): Elimination of 180 Day Limitation on Payment of
Subsistence Expense Allowance (5 USC 5523(a))
This amendment would eliminate the 180 day limit on the
subsistence expense allowance for evacuees. Currently the
allowance. terminates after 180 days, even if the employee
and/or family member remains in evacuation/ordered departure
status. Removal of the limit would allow evacuees to receive
the allowance for the actual duration of the evacuation/ordered
departure status. This same amendment was submitted to
Congress in 1980 and cleared the Senate; however, it was
attached to the authorization bill which died in the House.
Section 306(3): Calculation of Lump Sum Leave Payment
Upon Separation (5 U.S.C. 5551)
This amendment would prohibit inclusion of any post
differentials or foreign or territorial allowances for hardship
in lump sum leave payments for employees who retire from a post
abroad rather than in the United States. The existing statute
provides the possibility of a windfall payment, which the
Inter-Agency Committee on Allowances has recommended be
eliminated. This amendment would produce Government-wide
savings. The term "basic pay" is defined in 5 U.S.C. 8331(3).
Section 306(4): Educational Continuity for Children
Following Death or Evacuation of Employee
(5 U.S.C. 5922(d))
This amendment would allow children of employees assigned
overseas to complete their current school year if the employee
dies. Education and/or living quarters allowances for the
children and other family members may be continued by the post
for the purpose of allowing such children to complete the
current school year at post. Also, education allowances could
be continued for a child in a school away from post until the
end of the school year.
Also, an education allowance for school away from post
would be continued if the employee or spouse is evacuated or
ordered to depart. This continuation would extend through the
duration of the evacuation, or the end of the school year,
whichever comes last. Likewise, if an employee is evacuated
from an overseas post to an overseas post, and the children
become eligible for the away from post education allowance,
they may be allowed to continue to receive the allowance for
the duration of the current school year after the evacuation is
rescinded and dependents are returned to post. If an employee
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is paneled for assignment and dependent evacuation is ordered
before the employee arrives at post, the education allowance
could also be granted. Employees paneled to posts already in
evacuation status could not receive the education allowance.
Section 306(5): Temporary Lodging Allowance
(5 U.S.C. 5923)
This amendment would permit the reimbursement of some meal
and laundry expenses incurred by employees and families
occupying temporary quarters abroad. It would enable the
Department to combine the present separate temporary lodging
and supplementary post allowances into a single per diem type
allowance comparable to that paid employees on transfers to and
within the United States.
The revision from "3 months" and "1 month" to "90" and
"30" days is for simplification and to correspond to the
general use of a fixed number of days, rather than months, for
similar benefit periods.
The new paragraph (C) is to allow for the fact that due to
extremely difficult housing market rental conditions in a few
locations abroad, the 3-month period has not permitted
employees the necessary time to locate and secure suitable
housing. This new section would permit heads of agencies to
extend the temporary lodging period by up to an additional 60
days when such conditions were beyond the control of the
employee.
Section 306(6): Transfer Allowances (5 U.S.C. 5924(2))
This amendment would result in two revisions of particular
importance to Civil Service employees:
(1) Transfer allowances currently available on departure
from the United States to a foreign area would also be
permitted on similar transfers from U.S. territories,
possessions and Puerto Rico.
(2) The transfer allowance is currently available to
Foreign Service personnel agreeing to 12 months additional
service upon return to the U.S. This amendment would
provide the same basis of payment for employees not under
the Foreign Service Act. Under present legislation, Civil
Service employees can be paid a transfer allowance only
upon return to the U.S. between foreign assignments.
Section 306(7): Education Allowances at Time of Transfer, for
Handicapped Children and At Post Secondary
Educational Institutions (5 U.S.C. 5924(4))
Together, these changes update and improve the education
allowance system to bring it into line with current
circumstances and problems.
The first change permits payment of educational allowances
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for children of employees being transferred or newly assigned
to a Foreign Service post with inadequate schooling for the
entire school year, even if the member of the Service does not
depart the United States until after the beginning of the
school year. (Generally, the reverse situation, transfer back
to the United States during the school year, can be managed, if
the member of the Service wishes his or her children to remain
in their current schools during the remainder of the semester.)
The second amendment would permit educational services to
be provided for handicapped children, beginning at age 3. P.L.
94-142, the "Education for All Handicapped Children Act of
1975," generally requires states to offer public educational
facilities for handicapped children from age three. It seems
desirable to amend 5 U.S.C. so that overseas education
allowance policy may be consistent with U.S. public school
education practice for handicapped children. Under present
law, no allowance can be granted for a. handicapped or normal
child under age 4 and who is not at least in a kindergarten
program.
The third amendment would permit travel to educational
institutions in "non-foreign" areas outside the U.S. such as
the U.S. Virgin Islands and Puerto Rico. Educational travel to
these non-foreign areas is of particular importance to
Department of Defense civilian personnel with normal U.S.
residences outside the several states and the District of
Columbia. It would also permit post-secondary educational
travel for dependents not only for undergraduate college
education, but also at other institutions such as nursing,
technical, vocational, music and performing arts schools which
are not considered colleges. This amendment is necessary in
order to provide the appropriate kinds of post-secondary
education for a wider variety of chosen career fields for
dependent children. The term "educational institution" in the
text of the amendment is drawn from 38 U.S.C. 1701(a)(6)
(Veterans Benefits). It is not planned to extend the benefit
during post-graduate education, as is possible for veterans.
Accredited educational institutions at which these benefits can
be used will be determined by reference to an established list,
such as that developed by the Veterans Administration or the
Department of Education. The list or lists to be used will be
specified by regulations issued by the Secretary.
The fourth amendment would authorize the payment of an
education allowance for dependents of employees stationed
outside the continental United States, for example, in Guam or
American Samoa, and travel expenses to the continental United
States for undergraduate college education, (and other
post-secondary education, consistent with the amendment
described above.) This amendment would facilitate
reorganization of overseas operations to areas under U.S.
jurisdiction for reasons of security and economy, while
maintaining uniform treatment of personnel.
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TITLE IV - FOREIGN SERVICE RETIREMENT
The primary purpose of this title is to conform the
Foreign Service Retirement and Disability System (FSRDS) with
the changes in the Civil Service Retirement System (CSRS) made
by the Civil Service Retirement Spouse Equity Act of 1984
(CSRSEA). Many of these new concepts are incorporated in the
new retirement systems, the Foreign Service Pension System
(FSPS) and the Federal Employees' Retirement System (FERS).
Enactment of this title will then conform FSRDS in these areas
with the other 3 systems. Section 4(h) of the CSRSE Act
provided that section 827 of the Foreign Service Act of 1980
not apply to many of its amendments. Accordingly, it is not
possible to make these conforming amendments by Executive order.
The most significant of the amendments in this title is
the extension of eligibility for survivor benefits to former
spouses married to participants or annuitants under FSRDS for
periods from 9 months to 10 years. The current requirement is
10 years. Those married for this shorter period will not be
eligible for the landmark pro rata share benefits authorized in
1980. They will however, be eligible for survivor benefits
elected by members or ordered by a court. We believe this is
a significant benefit now being denied this group of former
spouses.
This title contains two minor amendments of FSPS in
sections 401(c) and 411(c). All of the other amendments apply
to FSRDS. A section by section analysis follows.
Section 401: Definitions
Subsection (a) amends section 804(6) to change the
definition of "former spouse" to reduce the marriage duration
requirement from 10 years to 9 months to conform to Civil
Service Retirement Spouse Equity Act (CSRSEA). The 10 year
requirement will be retained for eligibility for pro rata share
benefits and for automatic entitlement to survivor benefits
(unless the benefits are waived in a joint election or spousal
agreement). The new category of former spouses created by this
amendment--those married between 9 months and 10 years--will
become eligible for survivor benefits when the benefit is
either elected by the participant or ordered by a court.
Subsection (b) amends section 804(13) to revise the
definition of "surviving spouse" to conform with changes made
in the CSRSE Act. It reduces the duration of the marriage
requirement from one year to 9 months for entitlement to a
survivor annuity following a death in service. It also
establishes a 9-month marriage requirement for entitlement to a
survivor annuity following a death after retirement.
Currently, no minimum period of marriage is required in the
latter case. The amendment also adds the CSRSE Act exceptions
to the 9-month rule: the minimum marriage requirement is
waived in case of an accidental death of if there were two
marriages to the same person totaling 9 months.
Subsection (c) amends section 852 to add a definition of
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"lump-sum credit" to the Foreign Service Pension System
corresponding to the definition of this term in 5 U.S.C.
8401(19). If this definition is not added to section 852, the
latter definition would be applicable. That definition is
inappropriate because of cross reference to title 5 rather than
the Foreign Service Act and especially because of the reference
to the Civil Service Retirement Fund rather than the Foreign
Service Retirement Fund.
Section 402: Computation of Annuities
Subsection (a) amends section 806(b) in several places to
define the respective benefits for former spouses married 9
months and for those married 10 years. The significant changes
are as follows.
The requirement for a member to provide a survivor annuity
for a former spouse unless there is a joint waiver is retained
in cases where the marriage lasted 10 years provided at least 5
of those years occurred while the member was in the Foreign
Service. (See the explanation of section 404 for an
explanation of this change.) In other cases, similar to CSRSEA
benefits, the former spouse is entitled to any survivor annuity
elected by the member at retirement or, if later, within 2
years after the divorce, or ordered by a court. If a member
has more than one former spouse at retirement, a multiple
election could be made at retirement, provided the overall "55
percent" limitation is not exceeded.
The addition in paragraph (1)(C) of a survivor benefit for
a former spouse married less than 10"years requires that
general rules governing payments, initiation, termination,
etc., be provided. These are the same as such rules for other
former spouses and spouses. Accordingly all these rules, now
stated in section 806 and 814 are consolidated in section 806.
There is one change in these rules: a former spouse whose
survivor annuity is terminated because of remarriage prior to
age 55 will no longer be entitled to a resumption of that
annuity if the remarriage is subsequently dissolved. ( A
surviving spouse will remain eligible for such resumption of
survivor annuity.) This change will also permit a survivor
annuity for a surviving former spouse which is to be
discontinued to be transferred to a qualified surviving
spouse. This change is being made to conform the Foreign
Service Retirement and Disability System with the new Foreign
Service Pension System and the Federal Employees' Retirement
System. It will be effective for all former spouses whose
Foreign Service survivor annuities have been discontinued for
remarriage. A requirement is added in section 806(b)(1)(C)
that any annuitant making an election after retirement for a
survivor annuity for a former spouse must repay the Fund for
past survivorship reductions. It is intended that the
computation of the amount to be repaid reflect survivorship
reductions previously made for a spouse. This requirement is
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similar to the repayment in 5 U.S.C.8339(j)(3) as added by
CSRSE Act.
The authority in paragraph (1)(D) for an employee to make
dertain elections without spousal consent is broadened to
correspond to similar authority in CSRSEA.
The rules, time limits and costs of transferring survivor
benefits to a spouse or other former spouses in the event one
former spouse dies or becomes disqualified are amended to
conform with CSRSEA, and restated in paragraph (5) of
subsection 806(b).
Subsection (b) amends section 806(f) to conform the FSRDS
with a CSRSE Act amendment to permit a participant at
retirement to provide a survivor annuity, whether married or
not, for one or more designated beneficiaries. These benefits
would be in addition to any survivor annuities the participant
provides under other sections of the Act for a spouse or former
spouse. The only limitation is that the participant's annuity
be sufficient to permit the substantial reductions required to
provide these benefits.
Subsection (c) amends section 806(g) to combine the
procedures for election of a survivor annuity for a spouse
acquired after retirement. The procedures and eligibility
requirements are currently contained in subsections 806(g) and
(j) and differentiate between participants who were married at
the time of retirement and those who were not. This
distinction was dropped in the CSRE Act (those married at
retirement who did not elect a survivor annuity are now
eligible to do so for a new spouse) and the new procedures are
set forth in subsection (g).
An election for an after-acquired spouse under this
amendment will require an appropriate annuity reduction, as at
present, plus a deposit equivalent to retroactive reductions
from the date of retirement plus interest. This deposit and
.the survivor election must be made within the two-year period
after the marriage or, if later, after the death or
disqualification of any former spouse entitled to a survivor
annuity. If the deposit it not made, the Secretary will be
obliged to collect the amount by offset form the annuity.
Subsection (d) makes a conforming amendment of section
806(i) on recall service to change a cross reference.
Subsection (e) amends section 806(j) on recomputation
of a former participant's annuity to consolidate similar
provisions now in section 814(B)(5)(A) and this section, to
expand its scope to cover the former spouses married less than
10 years, and to delete material proposed for inclusion in
section 806(g) covering marriage after retirement.
Subsection (f) makes a conforming amendment of section
806(1) on Social Security minimum to change a cross reference.
Section 403: Death In Service
Section 403 amends section 809 in a manner parallel to the
amendments made in section 806(b), to retain automatic survivor
benefits for surviving former spouses who are married for 10
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years, but to authorize such benefits for other former spouses,
following the death of a member in Service, only if a valid
court order or spousal agreement has been executed at the time
of death.
Section 404: Former Spouses Married 10 Years
Subsections (a) and (d) amend sections 814(a) and (b) to
insert a requirement that the marriage must have lasted for at
least 10 years to trigger the pro-rata share benefits in
section 814. This change is necessary because of the change of
definition of former spouse in section 804 (section 401(a)). A
requirement is also included that at least 5 of the 10 years of
marriage have occurred while the member was in the Foreign
Service. This additional requirement is consistent with the
reasons for the enactment of the special "pro-rata" provisions
for the Foreign Service in 1980--the difficulties spouses of
members of the Foreign Service have in building independent
economic bases. Without this amendment, the pro rata share
requirement might apply to a former spouse who was divorced
from a member at the time the member entered the Service.
Subsection (b) amends section 814(a)(4) is amended to
provide 24 months rather than 12 months after a divorce for a
court to issue an order affecting pension benefits for a former
spouse. Experience indicates this is desirable and the
24-month period is consistent with the 24-month period for
making elections under CSRSEA.
Subsection (c) amends subsection 814(a)(5)(A) to conform
the cross-reference.
Subsection (d) also amends section 814(b) to repeal the
various payment rules in paragraphs (2) through (5) because
they have been consolidated with similar rules in section 806,
as explained under the amendment of that section.
Subsection (e)(1) repeals the text of section 814(c).
This section now provides members an opportunity to elect
"additional" survivor annuities at a cost so high that none
have done so. There seems to be no purpose to retaining it now
that members have additional opportunity to elect survivor
annuities for designated beneficiaries, as proposed in this
bill.
Subsection (e)(1) adds a new section 814(c), consisting of
a revision of the previous section 814(d). Both the Civil
Service and Foreign Service Retirement Systems contain a
provision to guarantee that all annuities equal at least
certain minimum amounts payable under the Social Security
System. The 1980 Act contains a partial exception to this
minimum provision for certain annuities to former spouses. The
CSRSEA exempts from the minimum provision all survivor
annuities to former spouses and survivor annuities to spouses
that are reduced by the former. This amendment adapts this
concept for survivor annuities and extends the exemption to
cover pensions paid to former spouses or others under sections
814 or 820. Subsection (e) (2) repeals Section 814(d).
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Section 405: Survivor Annuities for Children
Foreign Service and Civil Service survivor annuities for
children are paid at one rate if a spouse survives and at a
higher rate if not. The CSRSE Act provides that the lower rate
be paid only if a spouse or former spouse survives who is the
parent of a surviving child. The amendment made by subsection
(a) makes conforming changes in section 806(c) and (d) of the
Foreign Service Act, relating to a death after retirement.
Subsection (b) makes similar changes to those in
subsection (a) in sections 809(c) and (d), relating to a death
in Service.
Section 406: Lump Sum Payments
Subsection (a) of this amendment divides section 815(a) of
the Act into two paragraphs. New paragraph (1) requires that
members be separated from the Service for at least 31
consecutive days and meet related requirements to be eligible
for a refund of their contributions to the Fund. It conforms
the FSRDS with the change made in CSRS by section 303(c) of the
Omnibus Budget Reconciliation Act of 1980, as amended by
section 3(f) of P.L. 97-346. The amendment also adds a
provision to require the participant to notify any spouse or
former spouse of an application for refund to conform with the
CSRSE Act.
New paragraph (2) of section 815(a) would correct an
apparent oversight. in the 1980 Act by eliminating the right of
a former spouse who remarries prior to age 55 to a share of the
lump-sum payment, just as rights to an annuity are cut off in
such circumstances.
Subsection (b) amends section 815(i) to provide that
pro rata share payments of lump sum refunds will be made only
to former spouses who meet the 10-year-marriage requirement.
Other former spouses will be entitled to such share of lump sum
refunds as are ordered by a court or provided by spousal
agreement.
Section 407: Court Orders
Section 407 amends section 820(b)(1)(A) to permit the
Secretary of State to honor court orders barring or limiting
refunds of retirement contributions to members who resign.
Such refunds extinguish pension and survivor annuity rights to
which a spouse or former spouse may be entitled. This change
is consistent with a similar change made by the CSRSE Act.
Section 820(b)(1)(B) is also restated to make clear that
no court order or spousal agreement may authorize benefits that
have been previously waived by the beneficiary. This amendment
also makes clear that all court orders and spousal agreements
must be consistent with the special rules in the subchapter
governing payments to former spouses. The special rules
written into the Foreign Service Act of 1980 are:
---remarriage at age 55 provision;
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---COLA increases under section 826;
---delayed implementation of an order for payment of a
share of a member's disability annuity to a former
spouse, and the calculation of such payment under
section 814(a)(6);
---continuation of payment to a former spouse during
reemployment or recall of member pursuant to section
814(a) (5) (B) ;
---prohibition on payment to a person in receipt of another
Federal survivor annuity.
As in the past under section 820(b)(1), a court order or
spousal agreement may provide for lesser, but not greater
benefits than authorized under the special rules listed above.
Section 408: Contributions for Prior Service
Section 408 amends section 805(d)(1) to simplify the
calculation of the amount owing by a member for a previous
refund of contributions from the Foreign Service Retirement and
Disability System (FSRDS) or from any other retirement system
for Government employees. Such refunds must be repaid by a
member in order to obtain any credit for the prior service. At
present, amounts owing for such refunds are determined by
taking into account the differing contribution rates previously
in effect under the FSRDS during the period covered by the
refund. This rate at different times has been both higher and
lower than the corresponding rate in the Civil Service System.
(CSRS). The proposed change would adopt the current CSRS
formula expressed in 5 U.S.C. 8334(d) under which the amount
owing is simply the amount of the previous refund plus interest.
Section 409: Minimum Age Requirement
Sections 808(a) and 809(e) of the Act fix the minimum
disability and survivor annuity, respectively, for members who
become disabled or who die in service. The minimums are
currently based on assumed service to 65, or to a total of 20
years whichever is less. Subsections (a) and (b) of this
amendment would change the specified age to 60 instead of 65,
to conform with 5 U.S.C. 8339(g) and 8341(d).
Section 808(b) of the Act requires a disability annuitant
whose disability has not been declared permanent by the office
of Medical Services to undergo an annual physical examination
up to age 65. This change would reduce the age to 60 and
consequently reduce the number of such examinations. This
amendment would conform with 5 U.S.S. 8337(c).
Subsection 409(b)(2) of the bill corrects a cross
reference in subsection 809(h) of the Act.
Section 410: Voluntary Retirement
Section 410 amends section 811 to require members to
complete 5 years under the FSRDS before becoming eligible for
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voluntary retirement at age 50 after 20 years creditable
service. In the 1980 Act, a requirement was imposed that a
member have at least 5 years of civilian service credit in
order to retire voluntarily in order to prevent those with
extensive military service from entering the Service and
retiring in less than 5 years. This amendment will impose a
comparable requirement for those with extensive service under
CSRS. The change will be made applicable only to those who
enter the Service after enactment of the Act (see effective
date section 415(b)(7)). The amendment will permit a member
who wishes to retire before completing 5 years in the Foreign
Service Retirement and Disability System, whose total Federal
Service would entitle him/her to do so under the Civil Service
retirement system, to revert to the latter system and receive
an annuity thereunder.
Section 411: Creditable Service
Subsection (a) amends section 816(b) to make clear that,
when calculating pro rata share payments to former spouses,
credit for unused sick leave described in section 816(b) of the
Act shall be excluded both from (A) the number of years during
which the former spouse was married to a participant during the
creditable service of that participant and (B) the total number
of years of such creditable service.
Credit for unused sick leave is added in lump sum to a
participant's other creditable service on the date of
retirement. It would not be administratively feasible to pro
rate this credit over a participant's career, not is it
necessary to achieve equity. Equity is achieved by excluding
the credit entirely from calculations of the pro rata share
percentable which is applied'to the participant's annuity or
survivor annuity to determine the share payable to a former
spouse.
Subsection (b) amends sections 816(i) and 817 to eliminate
extra service credit for assignments at unhealthful posts
granted to members not receiving post differential from
computations of the time period during which a marriage must
have endured and from computations of the pro rata share
benefit.
Currently, subparagraph (B) of section 816(i)(2), which.
would be repealed , makes it necessary for the Department to
determine whether a spouse resided with a member at an
unhealthful post, both before and after passage of the Foreign
Service Act of 1980. This is almost impossible to determine
for periods prior to institution of the special reports now
required. The change would simplify administration of the Act
without significantly affecting benefits.
Subsection (c) amends section 854(e), added to the Foreign
Service Act by section 405(b) of P.L. 99-556 of October 27,
1986 to correct an oversight. The section now requires a
Member or office of Congress employing a member of the Foreign
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Service who is on LWOP to make a "matching" contribution to the
Retirement Fund. This amendment makes clear that the employer
retirement contribution under the FSPS is determined under
section 857(a) of the Act.
Section 412: Cost-of-Living Adjustments
Section 412 amends section 826(c) to change the proration
formula applicable to the first annuity increase for certain
annuitants to conform with the change made in the CSRS formula
by P.L. 97-35 effective August 13, 1981 and is made effective
on the same date by section 415. Also, this amendment extends
the proration procedure to the first increases granted
surviving former spouses.
Section 413: Election to Provide Survivor Annuity to
Certain Spouses of Retirees Under FSRDS
This amendment authorizes certain annuitants under FSRDS
who retired before the effective date of this Act to elect a
survivor annuity for a spouse acquired after retirement. It
would benefit those who, under existing law, were unable to
make such an election. In the future, under the amendment of
section 806(g) of the FS Act made by section 402(c) of this
bill, annuitants in these categories will be able to elect a
survivor annuity for a spouse acquired after retirement by
making an appropriate payment to the Fund. An election under
this section will require a similar payment. This amendment
provides an opportunity comparable to the opportunity provided
retirees under CSRS by section 4(c) of the CSRSE Act. This
amendment will be applicable by section 415 to all annuitants
who marry after the effective date of this Act and elect a
survivor annuity.
Section 414: Conforming Amendment
Section 904(b) of the Foreign Service Act of 1980
authorizes medical examinations to determine disability or
incapacity for retirement as part of the Department of State
health program. This technical amendment adds a reference to
the new Foreign Service Pension System in addition to the
Foreign Service Retirement and Disability System.
Section 415: Savings Provision
This savings provision will insure that regulations
agreements, etc., under any provision of the FS Act repealed,
modified, or affected by this Act remain in full force and
effect until modified or superseded by appropriate authority.
For example, should a survivor annuity be purchased under
section 814(c) prior to its repeal by this Act, it would be
paid under the terms of such section 814(c).
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Section 416: Effective Dates
Subsection (a) makes this title effective on the first day
of the third month that begins on or after the date of
enactment. It specifies that the amendments shall apply to all
those who separate or retire or whose annuities commence under
FSRDS before, on, or after the effective date except as
otherwise specified in subsection (b).
Subsection (b) provides exceptions to the general rule
established by subsection (a):
Paragraph (1) makes the amendment of section 804(6)
extending eligibility for benefits to certain former
spouses married less than 10 years applicable to
individuals who become former spouses on or after the
effective date.
Paragraph (2) makes the amendment of section 806(g)
governing the election of survivor benefits for a spouse
acquired after retirement applicable to any annuitant who
marries on or after the effective date.
Paragraph (3) exempts persons who are former spouses
on the effective date from the "5 year" requirement added
to section 814(a) and (b) and 815(i) for entitlement to pro
rata share benefits.
Paragraph (4) makes the amendments to section 806 and
809 applicable to children whose annuities commence on or
after the effective date.
Paragraph (5) makes the amendment to section 815(a)
applicable to any lump-sum payment for which application is
made on or after the effective date.
Paragraph (6) makes the amendment. to section 820(b)
applicable to court orders issued and spousal agreements
concluded after the effective date.
Paragraph (7) makes the amendments to section 811
concerning voluntary retirement applicable to persons who
become participants in the System after the date of
enactment.
Paragraph (8) makes the changes in the proration
formula in section 826(c) of the Act, which provides for
prorating initial annuity adjustments, retroactive to the
date the formula was made applicable to CSRS, August 13,
1981.
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Summary of Changes to
Department of State Authorization
Section 101 provides the title of this Act.
Section 102 provides for an authorization of appropriations
for the Department of State in Accordance with Section 15(a) of
the State Department Basic Authorities Act of 1956, as
amended. The authorization is divided into four categories.
Section 201 provides for home owner's liability insurance
or the equivalent at government expense, for those occupying
so-called representational housing, in recognition of the fact
that the current laws applicable to tort claims may provide
inadequate coverage for injury or death incurred during the
carrying out of official responsibilities.
Section 202 terminates the option of taking extra
retirement credit in lieu of post differential under section
817 of the Foreign Service Act, thus conforming the existing
Foreign Service Retirement and Disability System to a change
already made for the new Foreign Service Pension System.
Section 203 clarifies the arrest authority for special
agents in the Diplomatic Security Service.
Section 204 would allow a portion of the fees for passport
and related services to be credited to a special account for
research and development undertaken by the Department.
Section 205 restores for a limited period (those who become
eligible for retirement in the next 5 years) a minimum annuity
for Foreign Service Nationals which was repealed in 1986, with
new limits to prevent windfall payments.
Section 206 provides equivalence between the SES and the
Senior Foreign Service, by adding a provision to the Foreign
Service Act to allow a lump sum payment of performance pay and
presidential awards in a following fiscal year, if full payment
cannot be made because of the statutory ceiling.
Section 207 makes a technical change with respect to
methods of compensation Fascell Fellows, under the program
created by title X of the Diplomatic Security Act.
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Section 208 amends the State Department Basic Authorities
Act to provide clear authority for the government to accept
direct responsibilities for injuries of employees of
contractors at diplomatic and consular missions caused by
terrorist activities, with the purpose of substantial cost
savings on construction workmen's compensation required under
the Defense Base Act.
Section 209 authorizes the Secretary of the Treasury to
delegate his authority to designate depositaries in foreign
countries to the Secretary of State.
Section 210 provides authority to transfer employee and
employer contributions for FSN's from the Civil Service
Retirement system to local plans.
Section 211 provides authority for preservation of the
museum character of portions of the Department of State
building, and creates a statutory position of Curator for the
diplomatic reception rooms.
Section 212 provides authority to insure the contents of
the State Department diplomatic reception rooms.
Section 213 provides authority to acquire an official
residence for the Secretary of State, at no expense to the
government.
Section 214 proposes elimination/modification of several
unnecessary or outdated reports required by the Foreign Service
Act of 1980.
Section 215 would provide statutory authority for the
Treasure to earn and pay interest on funds deposited by foreign
governments pursuant to lump-sum claims settlements, and for
the Secretary of State to deduct a percentage fee from claims
awards for reimbursement of expenses.
Section 216 would allow FSN employees, under restricted
circumstances, to obtain retirement credit for certain service
performed under contract.
Section 301(1) modifies slightly existing limitations on
the number of members of the SFS who can be non-career
appointees.
Section 301(2) provides several exclusions to the five year
limitation on service under Foreign Service limited
appointments which operations since passage of the Foreign
Service Act have shown to be desirable.
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Section 302 clarifies eligibility for within grade salary
increases on the Foreign Service schedule, as has been
requested by the General Accounting Office, and provides
authority to set pay levels for the Director of the Office of
Foreign Missions and the. Director of International
Communications.
Sections 303(1),(2), and (3) are related amendments making
slight modifications in the use of Limited Career Extensions in
light of experience under the Foreign Service Act.
Section 303(4) provides for judicial review at the request
of either party in separation for cause cases.
Sections 304(1) and (2) extend family visitation travel
authority to allow use for dependents, and to allow family
members to visit a member of the Service at post.
Section 304(3) provides for payment for involuntary
household moves at post.
Section 305 provides survivor and health benefits for
former spouses of members of the Service not covered by the
Foreign Service Act of 1980, and parallels a substantially
identical section in the recently enacted Intelligence
Authorization Act.
Section 306(1) changes the statutory salary for
Ambassadors-at-Large from Executive Level II to Executive Level
IV.
Section 306(2) eliminates the 180 day limitation on payment
of the Subsistence Expense Allowance (SEA) in evacuation cases.
Section 306(3) prohibits inclusion of post differentials or
foreign allowances for hardship in the basic salary used for
computation of lump sum leave payments when an employee of the
government retires at a post abroad.
Section 306(4) provides for educational continuity for
children following the death or evacuation of an employee, for
the remainder of a current school year.
Section 306(5) combines the present temporary lodging and
supplementary post allowances abroad into a single per diem
type allowance comparable to that paid.employees on transfers
to and within the United States.
Section 306(6) modifies certain civil service transfer
allowances to bring them into conformity with that currently
provided to the more equitable Foreign Service provisions.
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Section 306(7) updates educational allowance authorities to
bring them into line with current circumstances, by allowing
payment at the time of transfer, by providing educational
services to young handicapped children, and by allowing
educational allowances and travel "non-foreign" areas outside
the United States and to accredited institutions of higher
education other than traditional undergraduate colleges.
Sections 401 - 415 are primarily technical in nature,
intended to conform the Foreign Service Retirement and
Disability system (FSRDS) with changes in the Civil Service
Retirement System (CSRS) made by the Civil Service Retirement
Spouse Equity Act of 1984. Topics include:
402 - Computation of Annuities
403 - Death in Service
404 - Former Spouses Married 10 years
405 - Survivor benefits for Children
406 - Lump Sum Payments
407 - Court Orders
408 - Contributions for Prior Service
409 - Minimum Age Requirement
410 - Voluntary Retirement
411 - Creditable Service
412 - COLA
413 - Election to Provide Survivor Annuity
414 - Savings Provision
415 - Effective Dates
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United States Department of State
Washington, D. C. 20520
Dear Mr. President:
In accordance with Section 15 of the Act of August 1, 1956, as
amended (22 U.S.C. 2680), there is transmitted herewith proposed
legislation to authorize appropriations for the Department of
State to carry out its authorities and responsibilities in the
conduct of foreign affairs during the fiscal years 1988 and 1989
and for other purposes contained in this bill.
The primary purpose of the bill is to provide authorization of
appropriations for (1) "Administration of Foreign Affairs" which
supports the operation of the United States diplomatic and
consular posts abroad and the Department of State in the United
States; (2) "International Organizations, Conferences and other
activities," which includes contributions to meet obligations
pursuant to treaties, conventions or specific acts of Congress and
other activities; (3) "International Commissions," which enables
the United States to fulfill treaty and other international
obligation; and (4) "Other Activities" which funds the U.S.
Bilateral Science/Technology Agreement, The Asia Foundation and
the Soviet-East European Research/Training Fund, and also funds
the United States annual contribution to the International
Committee of the Red Cross and various refugee assistance
programs. A section-by-section analysis further explaining the
proposed legislation is also enclosed.
The Department has been informed by the office of Management
and Budget that there is no objection to the presentation of this
proposed legislation to the Congress and that its enactment would
be in accord with the program of the President.
with best wishes,
Sincerely,
J. Edward Fox
Assistant Secretary
Legislative and Intergovernmental Affairs
Enclosure:
1. Proposed Legislation.
2. Section-by-Section Analysis.
The Honorable
George Bush,
President of the Senate.
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United States Department of State
Washington, D. C. 20520
Dear Mr. Speaker:
In accordance with Section 15 of the Act of August 1, 1956, as
amended (22 U.S.C. 2680), there is transmitted herewith proposed
legislation to authorize appropriations for the Department of
State to carry out its authorities and responsibilities in the
conduct of foreign affairs during the fiscal years 1988 and 1989
and for other purposes contained in this bill.
The primary purpose of the bill is to provide authorization of
appropriations for (1) "Administration of Foreign Affairs" which
supports the operation of the United States diplomatic and
consular posts abroad and the Department of State in the United
States; (2) "International Organizations, Conferences and other
activities," which includes contributions to meet obligations
pursuant to treaties, conventions or specific acts of Congress and
other activities; (3) "International Commissions," which enables
the United States to fulfill treaty and other international
obligation; and (4) "Other Activities" which funds the U.S.
Bilateral Science/Technology Agreement, The Asia Foundation and
the Soviet-East European Research/Training Fund, and also funds
the United States annual contribution to the International
Committee of the Red Cross and various refugee assistance
programs. A section-by-section analysis further explaining the
proposed legislation is also enclosed.
The Department has been informed by the office of Management
and Budget that there is no objection to the presentation of this
proposed legislation to the Congress and that its enactment would
be in accord with the program of the President.
With best wishes,
Sincerely,
J. Edward Fox
Assistant Secretary
Legislative and Intergovernmental Affairs
Enclosure:
1. Proposed Legislation.
2. Section-by-Section Analysis.
The Honorable
Jim Wright,
Speaker of the House of
Representatives.
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