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TITLE II_TRANSITION, AMENDMENTS TO OTHER LAWS, AND

MISCELLANEOUS PROVISIONS

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CHAPTER 1-TRANSITION Sec. 2101. Pay and benefits pending conversion

596 Sec. 2102. Conversion to the Foreign Service Schedule .................

597 Sec. 2103. Conversion to the Senior Foreign Service ..............

597 Sec. 2104. Conversion from the Foreign Service .............

598 Sec. 2105. Conversion of certain positions in the Department of Agriculture 599 Sec. 2106. Preservation of status and benefits ........

600 Sec. 2107. Regulations ..........

.................................................

601 Sec. 2108. Authority of other agencies ...............

601 Sec. 2109. Survivor benefits for certain former spouses ............

601 CHAPTER 2-PROVISIONS RELATING TO FOREIGN AFFAIRS AGENCIES Sec. 2201. Basic authorities of the Department of State ............

602 Sec. 2202. Peace Corps Act ........... Sec. 2203. Foreign Assistance Act ..............

602 Sec. 2204. Arms Control and Disarmament Act .................

602 Sec. 2205. Repealed provisions .....

602 Sec. 2206. Other conforming amendments ..................

602 Sec. 2207. Model foreign language competence posts ..........

602 CHAPTER 3-AMENDMENTS TO TITLE 5, UNITED STATES CODE * * * CHAPTER 4 SAVING PROVISIONS, CONGRESSIONAL OVERSIGHT, AND EFFECTIVE DATE Sec. 2401. Saving provisions ........

603 Sec. 2402. Congressional oversight of implementation ...........

603 Sec. 2403. Effective date ..

604 TITLE I–THE FOREIGN SERVICE OF THE UNITED STATES

CHAPTER 14GENERAL PROVISIONS SEC. 101.1 FINDINGS AND OBJECTIVES.—a) The Congress finds that

(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;

(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;

(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;

(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and

122 U.S.C. 3901.

(5) the Foreign Service should be operated on the basis of merit principles. (b) The objective of this Act is to strengthen and improve the Foreign Service of the United States by

(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement and retention of the ablest, and separation of those who do not meet the requisite standards of performance;

(2) fostering the development and vigorous implementation of policies and procedures, including affirmative action programs, which will facilitate and encourage (A) entry into and advancement in the Foreign Service by persons from all seg. ments of American society, and (B) equal opportunity and fair and equitable treatment for all without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition;

(3) providing for more efficient, economical, and equitable personnel administration through a simplified structure of Foreign Service personnel categories and salaries;

(4) establishing a statutory basis for participation by the members of the Foreign Service, through their elected representatives, in the formulation of personnel policies and procedures which affect their conditions of employment, and maintaining a fair and effective system for the resolution of individual grievances that will ensure the fullest measure of due process for the members of the Foreign Service;

(5) minimizing the impact of the hardships, disruptions, and other unusual conditions of service abroad upon the members of the Foreign Service, and mitigating the special impact of such conditions upon their families;

(6) providing salaries, allowances, and benefits that will permit the Foreign Service to attract and retain qualified personnel as well as a system of incentive payments and awards to encourage and reward outstanding performance;

(7) establishing a Senior Foreign Service which is characterized by strong policy formulation capabilities, outstanding executive leadership qualities, and highly developed functional, foreign language, and area expertise;

(8) improving Foreign Service managerial flexibility and effectiveness;

(9) increasing efficiency and economy by promoting maximum compatibility among the agencies authorized by law to utilize the Foreign Service personnel system, as well as compatibility between the Foreign Service personnel system and other personnel systems of the Government; and

(10) otherwise enabling the Foreign Service to serve effectively the interests of the United States and to provide the highest caliber of representation in the conduct of foreign afSEC. 102.2 DEFINITIONS.-As used in this Act, the term

(1) "abroad” means all areas not included within the United States;

(2) "agency” means an agency as defined in section 552(e) of title 5, United States Code;

(3) "chief of mission” means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502c) to be temporarily in charge of such a mission or office;

(4) "Department" means the Department of State, except that with reference to the exercise of functions under this Act with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency;

(5) "employee" (except as provided in section 1002(8)) means, when used with respect to an agency or to the Government generally, an officer or employee (including a member of the Service) or a member of the Armed Forces of the United States, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmos. pheric Administration;

(6) "function includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity;

(7) "Government" means the Government of the United States;

(8) “merit principles” means the principles set out in section 2301(b) of title 5, United States Code;

(9) “principal officer” means the officer in charge of a diplomatic mission, consular mission (other than a consular agency), or other Foreign Service post;

(10) “Secretary means the Secretary of State, except that (subject to section 201) with reference to the exercise of functions under this Act with respect to any agency authorized by law to utilize the Foreign Service personnel system, such term means the head of that agency;

(11) “Service” or “Foreign Service” means the Foreign Service of the United States; and

(12) “United States”, when used in a geographic sense, means the several States and the District of Columbia. SEC. 103.3 MEMBERS OF THE SERVICE.—The following are the members of the Service.

(1) Chiefs of mission, appointed under section 302(a)(1) or assigned under section 502(c).

(2) Ambassadors at large, appointed under section 302(a)(1).

(3) Members of the Senior Foreign Service, appointed under section 302(a)(1) or 303, who are the corps of leaders and ex(5) the Foreign Service should be operated on the basis of merit principles. (b) The objective of this Act is to strengthen and improve the Foreign Service of the United States by

222 L.S.C. 3902. Sec. 130/a) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public law 98-164; 97 Stat. 1027) struck out a subsec, designation "(a)" following the section title and struck out the text of subsec. (b). Subsec. (b) had read as follows:

b) References in this Act or any other law to Foreign Service officers' shall, with respect to the International Communications Agency, be deemed to refer to Foreign Service information officers."

322 C.S.C. 3903.

(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement and retention of the ablest, and separation of those who do not meet the requisite standards of performance;

(2) fostering the development and vigorous implementation of policies and procedures, including affirmative action programs, which will facilitate and encourage (A) entry into and advancement in the Foreign Service by persons from all segments of American society, and (B) equal opportunity and fair and equitable treatment for all without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition;

(3) providing for more efficient, economical, and equitable personnel administration through a simplified structure of Foreign Service personnel categories and salaries;

(4) establishing a statutory basis for participation by the members of the Foreign Service, through their elected representatives, in the formulation of personnel policies and procedures which affect their conditions of employment, and maintaining a fair and effective system for the resolution of individual grievances that will ensure the fullest measure of due process for the members of the Foreign Service;

(5) minimizing the impact of the hardships, disruptions, and other unusual conditions of service abroad upon the members of the Foreign Service, and mitigating the special impact of such conditions upon their families;

(6) providing salaries, allowances, and benefits that will permit the Foreign Service to attract and retain qualified personnel as well as a system of incentive payments and awards to encourage and reward outstanding performance;

(7) establishing a Senior Foreign Service which is characterized by strong policy formulation capabilities, outstanding executive leadership qualities, and highly developed functional, foreign language, and area expertise;

(8) improving Foreign Service managerial flexibility and effectiveness;

(9) increasing efficiency and economy by promoting maximum compatibility among the agencies authorized by law to utilize the Foreign Service personnel system, as well as compatibility between the Foreign Service personnel system and other personnel systems of the Government; and

(10) otherwise enabling the Foreign Service to serve effectively the interests of the United States and to provide the highest caliber of representation in the conduct of foreign af

compatibeien servicereien Governmener vice to

Oo, personnes on the Fore personneries

ital status, geographic or educational affiliation within the
United States, 6 or political affiliation, as prohibited under sec-
tion 2302(b)(1) of title 5, United States Code;
(2) are free from reprisal for-

(A) a disclosure of information by a member of applicant which the member or applicant reasonably believes evidences

(i) a violation of any law, rule, or regulation, or

(ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific dan

ger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or

(B) a disclosure to the Special Counsel of the Merit Systems Protection Board, or to the Inspector General of an agency (including the Inspector General of the Department of State and the Foreign Service) or another employee designated by the head of the agency to receive such disclosures, of information which the member or applicant reasonably believes evidences

(i) a violation of any law, rule, or regulation, or

(ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific dan

ger to public health or safety; (3) are free to submit to officials of the Service and the Department any report, evaluation, or recommendation, including the right to submit such report, evaluation, or recommendation through a separate dissent channel, whether or not the views expressed therein are in accord with approved policy, unless the report, evaluation, or recommendation was submitted with the knowledge that it was false or with willful disregard for its truth or falsity; and

(4) are free from any personnel practice prohibited by section 2302 of title 5, United States Code. (c) This section shall not be construed as authorizing the withholding of information from the Congress or the taking of any action against a member of the Service who discloses information to the Congress.

(d)(1) The Secretary shall establish a minority recruitment program for the Service consistent with section 7201 of title 5, United Štates Code.

(2)? The Secretary shall transmit, to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives, the Department's reports on its equal employment opportunity and affirmative action programs and its minority recruitment programs, which reports are required by law, regulation, or directive to be submitted to the Equal Employment

& Sec. 153(d) of the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 43) inserted "geographic or educational affiliation within the United States," aser "marital status".

? Paragraph (2) was amended and restated by sec. 185(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1365).

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