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(d) 54 REFERENCES IN OTHER ACTS.-Except as specifically provided in this Act, or the amendments made by this Act, a reference in any other provision of law to an official or office of the Department of State affected by the amendment made by subsection (a) (other than the Inspector General of the Department of State and the Chief Financial Officer of the Department of State) shall be deemed to be a reference to the Secretary of State or the Department of State, as may be appropriate.

(e) 54 OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM.— Notwithstanding any other provision of this section, for not less than one year after the date of the enactment of this Act there shall be in the Department of State an Office of the Coordinator for Counterterrorism which shall be headed by a Coordinator for Counterterrorism. The office shall have the same responsibilities and functions as the Office of the Coordinator for Counterterrorism at the Department of State had as of January 20, 1993.

(f) 54, 57 DEPUTY ASSISTANT SECRETARY FOR BURDENSHARING.—

(1) ESTABLISHMENT.-None of the funds authorized to be appropriated by this Act shall be available for obligation or expenditure during fiscal year 1995 unless, not later than 90 days after the date of enactment of this Act, the Secretary of State has established within the Department of State the position of Deputy Assistant Secretary for Burden sharing, the incumbent of which shall be an official of ambassadorial rank, appointed by the President by and with the advice and consent of the Senate.

(2) RESPONSIBILITIES.-The Deputy Assistant Secretary for Burdensharing shall perform such duties and exercise such authorities as the Secretary of State shall prescribe, including 58 the following:

(A) The principal duty of negotiating increased 59 in-kind and financial support (including increased payment of basing costs) by countries allied to the United States for Department of Defense military units and personnel assigned to permanent duty ashore outside the United States in support of the security of such countries.

(B) In consultation with the Department of Defense, assist in negotiations with the host governments for the recoupment 60 of funds associated with financial commitments from such countries for paying the United States the residual value of United States facilities in such countries that the United States relinquishes to such countries upon the termination of the use of such facilities by the United States.

67 The Secretary of State delegated functions authorized under this subsection to the Under Secretary for Management (Department of State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 1992). Functions authorized under para. (2) of this subsec. were delegated to the Assistant Secretary for International Organization Affairs by sec. 11 of the same delegation of authority. 68 Sec. 1(X3XA) of Public Law 103-415 (108 Stat. 4300) struck out "the principal duty of negotiations for after "including".

5 Sec. 1(fX3XB) of Public Law 103-415 (108 Stat. 4300) struck out "Increased" and inserted in lieu thereof "The principal duty of negotiating increased".

Sec. 1(X3XC) of Public Law 103-415 (108 Stat. 4300) struck out "Recoupment" and inserted in lieu thereof "In consultation with the Department of Defense, assist in negotiations with the host governments for the recoupment”.

SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS.

(a)-(j) ***

(k) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—(1) Section 35 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707) is amended-***

(iv) by inserting before paragraph (2) (as so redesignated) the following:

"(1) exercise primary authority for the conduct of foreign policy with respect to such telecommunications functions, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this responsibility, the Secretary shall coordinate with other agencies as appropriate, and, in particular, shall give full consideration to the authority vested by law or Executive order in the Federal Communications Commission, the Department of Commerce and the Office of the United States Trade Representative in this area;";

(v) (vi)**'

(2) 61 Nothing in the amendments made by paragraph (1) affects the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Communications Commission, or any officer thereof. (3)

(4) ***

(m) (q)

62

PART D-PERSONNEL

SUBPART 1-GENERAL PROVISIONS

SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY DAMAGE OR LOSS. (a) 63* * *

(b) 64 RETROACTIVE APPLICATION.-The amendments made by subsection (a) shall apply with respect to claims arising on or after October 31, 1988.

SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

(a) 65 PROHIBITION ON AWARDS.-Notwithstanding any other provision of law, the Secretary of State may not award or pay performance payments for fiscal years 1994 and 1995 under section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), unless the Secretary awards or pays performance awards to other Federal employees for such fiscal years.

61 22 U.S.C. 2707 note.

Sec. 162 has no subsec. (1).

63 Subsec. (a) amended 31 U.S.C. 3721(b), relating to claims resulting from emergency evacuation in a foreign country.

431 U.S.C. 3721 note.

22 U.S.C. 3965 note.

(b) 65 AWARDS IN SUBSEQUENT FISCAL YEARS.-The Secretary may not make a performance award or payment in any fiscal year after a fiscal year referred to in subsection (a) for the purpose of providing an individual with a performance award or payment to which the individual would otherwise have been entitled in a fiscal year referred to in such subsection but for the prohibition described in such subsection.

(c) 65 APPLICATION TO USIA, AID, AND ACDA-Subsections (a) and (b) shall apply to the United States Information Agency, the Agency for International Development, and the United States 66 Arms Control and Disarmament Agency in the same manner as such subsections apply to the Department of State, except that the Director of the United States Information Agency, the Administrator of the Agency for International Development, and the Director of the United States 66 Arms Control and Disarmament Agency shall be subject to the limitations and authority of the Secretary of State under subsections (a) and (b) for their respective agencies. (d) AMENDMENT TO FOREIGN SERVICE ACT OF 1980.-* * *

*

SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE POSITIONS.

(a) AUDIT AND REVIEW.-Not later than December 31, 1994, the Comptroller General of the United States shall conduct a classification audit of all Senior Foreign Service positions in Washington, District of Columbia, assigned to the Department of State, the Agency for International Development, and the United States Information Agency and shall review the methods for classification of such positions.

(b) REPORT.-Not later than March 1, 1995, the Comptroller General shall submit a report of such audit and review to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

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SEC. 178.68 MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM.

(a) PURPOSE.-It is the purpose of this section to promote the acquisition and retention of highly qualified, trained, and experienced women and minority personnel within the Foreign Service, to provide the maximum opportunity for the Foreign Service to meet staffing needs and to acquire the services of experienced and talented women and minority personnel, and to help alleviate the impact of downsizing, reduction-in-force, and budget restrictions occurring in the defense and national security-related agencies of the United States.

(b) ESTABLISHMENT.-For each of the fiscal years 1994 and 1995, the Secretary of State shall to the maximum extent practicable appoint to the Foreign Service qualified women and minority applicants who are participants in the priority placement program of the

Sec. 1(gg) of Public Law 103-415 (108 Stat. 4303) inserted "United States" before Arms Control and Disarmament Agency".

67 Sec. 176 amended 5 U.S.C. 5924(4XA) and (B).

68 22 U.S.C. 3922a note.

Department of Defense, the Department of Defense out-placement referral program, the Office of Personnel Management Automated Applicant Referral System, or the Office of Personnel Management Interagency Placement Program. The Secretary shall make such appointments through the mid-level entry program of the Department of State under section 306 of the Foreign Service Act of 1980. (c) 69 REPORT.-Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit a report concerning the implementation of subsection (a) to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such report shall include recommendations on methods to improve implementation of the purpose of this section.

SEC. 179.70 EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE.

(a) REFERRAL SYSTEM.-Certain members of the Foreign Service (as described in subsection (b)), may participate in the Office of Personnel Management's Interagency Placement programs or any successor program. Such members of the Foreign Service shall be treated in the same manner as employees participating in such a program as of the effective date of this Act.

(b) CERTAIN MEMBERS OF THE FOREIGN SERVICE.-For purposes of this section, the term "members of the Foreign Service" means any individuals holding career or career candidate appointments 71 under chapter 3 of the Foreign Service Act of 1980.

SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN MEMBERS OF THE FOREIGN SERVICE.

(a) 72 IN GENERAL.

(b) MANAGEMENT RIGHTS.

(c) 73 CONSULTATION.-The Secretary of State (or in the case of any other agency authorized by law to utilize the Foreign Service personnel system,74 the head of that agency) 74 shall consult with the Director of the Office of Personnel Management before prescribing regulations for reductions in force under section 611 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), and shall publish such regulations.

SEC. 182. RESTORATION OF WITHHELD BENEFITS.

(a) 75 ELIGIBILITY.-With respect to any person for which the Secretary of State and the Secretary concerned within the Department

The Secretary of State delegated functions authorized under this subsection to the Under Secretary for Management (Department of State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 1992).

70 22 U.S.C. 4010a note.

71 Sec. 1(g) of Public Law 103-415 (108 Stat. 4300) struck out "individual holding a career or career candidate appointment" and inserted in lieu thereof “individuals holding career or career candidate appointments".

Sec. 181(a) amended the Foreign Service Act of 1980 by adding a new sec. 611, relating to reductions in force, and made corresponding technical amendments.

7322 U.S.C. 4010a note.

74 Sec. 1(i) of Public Law 103-415 (108 Stat. 4301) moved the close parenthesis from "system,)” to "that agency)".

75 10 U.S.C. 1058 note.

of Defense have 76 approved the employment or the holding of a position pursuant to the provisions of section 1060 of title 10, United States Code, before April 30, 1994,77 the consents, approvals and determinations under that section shall be deemed to be effective as of January 1, 1993.

(b) TECHNICAL CORRECTION.-Subsection (d) of section 1433 of Public Law 103-160 is repealed.

SUBPART 2-FOREIGN LANGUAGE COMPETENCE WITHIN THE

FOREIGN SERVICE

SEC. 191.78 FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE.

(a) 79 REGULATIONS.-Not later than 180 days after the date of enactment of this Act, the Secretary of State shall promulgate regulations

(1) establishing hiring preferences for Foreign Service Officer candidates competent in languages, with priority preference given to those languages in which the Department of State has a deficit;

(2) establishing a standard that employees will not receive long-term training in more than 3 languages, and requiring that employees achieve full professional proficiency (S4/R4) in 1 language as a condition for training in a third, with exceptions for priority needs of the service at the discretion of the Director General;

(3) requiring that employees receiving long-term training in a language, or hired with a hiring preference for a language, serve at least 2 tours in jobs requiring that language, with exceptions for certain limited-use languages and priority needs of the service at the discretion of the Director General;

(4) requiring that significant consideration be given to foreign language competence and use in the evaluation, assignment, and promotion of all Foreign Service Officers of the Department of State, the Agency for International Development, and the United States Information Agency; 80

(5) requiring the identification of appropriate Washington, D.C. metropolitan area positions as language-designated; and (6) requiring remedial training and suspension of language differential payments for employees receiving such payments who have failed to maintain required levels of proficiency. (b) REPEAL.-Section 164 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.Š.C. 4001 note; Public Law 101-246) is repealed.

76 Sec. 1(j) of Public Law 103-415 (108 Stat. 4301) struck out "has" and inserted in lieu thereof "have".

77 Sec. 1070(dX7) of the National Defense Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-337; 108 Stat. 2858) struck out "section 1058, title 10, United States Code, before the date of enactment of this Act," and inserted in lieu thereof "section 1060 of title 10, United States Code, before April 30, 1994,".

78 The Secretary of State delegated functions authorized under this section to the Under Secretary for Management (Department of State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 1992).

722 U.S.C. 3926 note.

80 Sec. 1(u) of Public Law 103-415 (108 Stat. 4302) inserted before the semicolon ", the Agency for International Development, and the United States Information Agency".

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