II
Calendar No. 632
109th CONGRESS
2d Session
S. 3925
IN THE SENATE OF THE UNITED STATES
September 21, 2006
Mr. Lugar introduced the following bill; which was read the first time
September 25, 2006
Read the second time and placed on the calendar
A BILL
To provide certain authorities for the Secretary of State and the Broadcasting Board of Governors, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Foreign Affairs Management
Authorities Act of 2006
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Foreign Service Compensation Modernization
Sec. 101. Foreign Service pay for performance system.
Sec. 102. Transition to performance-based compensation system.
Sec. 103. Uniform compensation for worldwide service.
Sec. 104. Technical and conforming amendments.
TITLE II—Miscellaneous Provisions
Sec. 201. Education allowances.
Sec. 202. Fraud prevention and detection account.
Sec. 203. Extension of privileges and immunities.
Sec. 204. International litigation fund.
Sec. 205. Personal services contracting.
Sec. 206. Facilitating service in Iraq and Afghanistan.
Sec. 207. Discontinuance of duplicative or obsolete reports.
Foreign Service Compensation Modernization
Foreign Service pay for performance system
Purpose
The purposes of this title are—
to recruit, retain, and reward high-performing Foreign Service members;
to ensure performance management that effectively communicates performance expectations and makes meaningful distinctions based upon relative performance; and
to institute a worldwide pay system for the Foreign Service.
Foreign service schedule
Section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) is amended to read as follows:
Foreign service schedule
Establishment
The President shall establish, annually review, and periodically adjust a Foreign Service Schedule, which shall consist of 9 salary classes that apply to members of the Service who are citizens of the United States and for whom salary rates are not otherwise provided under this chapter. The maximum salary rate for the highest class established under this section, which shall be designated class 1, may not exceed the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Adjustments
Any adjustment in the basic salary rates for members of the Service shall be made in accordance with section 406.
.
Within class salary increases
Section 406 of the Foreign Service Act of 1980 (22 U.S.C. 3966) is amended to read as follows:
Within class salary increases
Determination
The Secretary shall determine which basic salary rate within a salary class on the Foreign Service Schedule shall be paid to members of the Service, taking into account individual performance, contribution to the mission of the Department, or both, under a rigorous performance management system that—
makes meaningful distinctions based upon relative performance; and
clearly links individual pay and performance under precepts prescribed by the Secretary.
Equal basic salary adjustments
Notwithstanding subsection (a), the Secretary may provide equal basic salary adjustments for all career candidates or other members of the Service—
whose performance has not been reviewed by a selection board under section 602; and
who are found to meet the standards of performance for their class.
Funding for performance-based salary adjustments
In general
In order to provide funding for adjustments in basic salary rates under subsection (a), the Secretary shall annually allocate an amount equal to or greater than the sum of—
an amount that would be sufficient to fund within grade salary increases under section 406(a) of the Foreign Service Act as in effect on the date of the enactment of the Foreign Affairs Management Authorities Act of 2006; and
the amount necessary to provide for pay adjustments based on mission requirements, labor market conditions, availability of funds, pay adjustments received by employees of other Federal agencies, and any other relevant factors.
Flexibility
The formula set forth in paragraph (1) shall—
ensure that members of the Service, in the aggregate, are not disadvantaged in terms of the overall amount of pay available as a result of conversion to the new performance-based compensation system authorized by this section; and
provide flexibility to accommodate changes in the mix of employees and the functions they perform, and other changed circumstances that might impact pay levels.
Limitation
A performance-based salary adjustment authorized by subsection (a) may not be paid to any member of the Service whose performance falls below the standards of performance for the salary class of the member during the applicable rating period.
.
Prohibitions
Locality payments prohibited
A member of the Foreign Service may not receive a locality-based comparability payment under section 5304 of title 5, United States Code, for service performed on or after the first day of the first pay period beginning on or after April 1, 2008.
Nonforeign area allowance or differential
Except as provided in section 103(c)(1), a member of the Foreign Service may not receive a nonforeign area allowance or differential under section 5941 of title 5, United States Code, for service performed on or after the first day of the first pay period beginning on or after April 1, 2008.
Effective date
This section and the amendments made by this section shall take effect on the first day of the first pay period beginning on or after April 1, 2008.
Transition to performance-based compensation system
Rates of pay
In general
Except as provided under subsection (b), the Foreign Service Schedule issued under section 403 of the Foreign Service Act of 1980, in effect on the date of the enactment of this Act, including step rates—
shall be adjusted in accordance with section 5303 of title 5, United States Code; and
shall be capped at the maximum rate of basic pay for grade GS–15 of the General Schedule under section 5332 of that title.
Locality pay
A member of the Service whose official duty station is located in an applicable locality pay area shall continue to receive locality-based comparability payments under section 5304 of title 5, United States Code.
Interim Foreign Service Schedule
Establishment
Before the effective date of this section, the Secretary of State shall establish an interim Foreign Service Schedule for members of the Service designated class 1 or below whose official duty station is not located in areas for which such members receive payments pursuant to section 5304 or 5941 of title 5, United States Code.
Increased rates
The rates under the Foreign Service Schedule established under this subsection shall be 9 percent higher than the rates under the Foreign Service Schedule described in subsection (a) unless a different percentage is prescribed by the President. Each covered member shall receive a corresponding increase in the member’s rate of basic pay. Any adjustment of the rates under the Foreign Service Schedule described in subsection (a) shall result in a corresponding adjustment of rates under the Foreign Service Schedule established under this subsection.
Conversion rules
The Secretary shall establish conversion rules for a member who is transferred between the Foreign Service Schedule described in subsection (a) and the Foreign Service Schedule established under this subsection due to a change in official duty station.
Step Increases
A member covered by the Foreign Service Schedule (including the interim Foreign Service Schedule) shall receive within class salary step increases in accordance with section 406 of the Foreign Service Act of 1980 (22 U.S.C. 3966), including step increases that, but for the amendments made by this title, otherwise would have become effective on the first day of the first pay period beginning on or after April 1, 2008.
Effective date
This section shall be effective beginning on the first day of the first pay period beginning on or after April 1, 2007, and ending on the effective date described in section 101(e).
Uniform compensation for worldwide service
Transitions and pay formulas
Conversion date
Subject to paragraphs (2) through (4), a member of the Service designated class 1 or below shall be converted to the new Foreign Service Schedule established under section 403 of the Foreign Service Act of 1980, as amended by section 101, on the first day of the first pay period beginning on or after April 1, 2008.
Simultaneous pay actions
Subject to section 102(c), the Secretary shall determine how any applicable simultaneous pay actions, including promotions, within grade increases, and geographic moves, will be applied in connection with a conversion, under paragraph (1).
Pay conversion formula
Any member described in paragraph (1) whose official duty station is not located in an area for which members receive payments pursuant to section 5304 or 5941 of title 5, United States Code, shall receive an increase in the member’s rate of basic pay upon conversion, if necessary, to ensure that the resulting rate equals the sum of—
the base rate under the Foreign Service Schedule described in section 102(a) for the member’s class and step; and
the amount resulting from multiplying the rate described in subparagraph (A) by the locality-based comparability percentage in effect for the Washington, D.C. locality pay area at that time.
Locality-based pay
Any member described in paragraph (1) whose official duty station is located in an area for which such members receive payments pursuant to section 5304 or 5941 of title 5, United States Code, shall, upon conversion, cease to receive payments authorized under such sections and shall receive instead an increase in the member’s rate of basic pay equivalent to the percentage value of the locality-based comparability payment received by members of the Service designated class 1 or below whose official duty station was Washington, D.C. on the date of conversion.
Adjustments in the rate of basic pay
In general
After conversion to the Foreign Service Schedule established under section 403 of the Foreign Service Act of 1980, as amended by section 101, the Secretary may provide a special one-time adjustment in the rate of basic pay for career candidates or other members of the Service—
whose performance has not been reviewed by a selection board under section 602 of such Act (22 U.S.C. 4002); and
who, if not for such conversion, would have been scheduled to receive a step increase after the date of conversion and before September 30, 2008.
Limitations
Any such adjustment shall be prorated based on the portion of time accrued toward achieving a step increase as of the day before conversion. No adjustment under this subsection may result in a rate above the maximum rate of the applicable rate range.
Management right
Adjustments under this subsection—
shall be considered a management right under section 1005(a) of the Foreign Service Act of 1980 (22 U.S.C. 4105(a)); and
are not grievances under section 1101(b) of such Act (22 U.S.C. 4131(b)).
Special transitional rules
Special rules
The Secretary may establish special transitional rules to prevent a reduction in a member’s rate of pay due to a conversion to the Foreign Service Schedule established under section 102(b). Notwithstanding subsection (a)(4), such rules may authorize a member stationed in a nonforeign area to temporarily continue to receive a portion of an allowance or post differential under section 5941 of title 5, United States Code.
Applicability
This subsection shall apply to a member who, immediately before conversion—
is entitled to a locality-based comparability payment under section 5304 of title 5, United States Code, at a rate exceeding the locality rate applicable in Washington, D.C., at that time; or
is entitled to a nonforeign area allowance or differential under section 5941 of such title.
Treatment of temporary adjustment
Any temporary adjustment provided to a member described in paragraph (2)(A) shall be treated as basic pay for the same purposes as the locality-based comparability payment under section 5304 of title 5, United States Code.
Technical and conforming amendments
Technical and conforming amendments to the Foreign Service Act
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended—
in section
402(a)(2) (22 U.S.C. 3962(a)(2)), by inserting under precepts prescribed
by the Secretary
after system
;
in section 602(a) (22 U.S.C. 4002(a)), by amending paragraph (3) to read as follows:
approvals or denials of performance-based salary adjustments under sections 402(a)(2) and 406(a)
;
in section 605 (22 U.S.C. 4005)—
in subsection (a)—
by
inserting and performance-based salary adjustments under sections
402(a)(2) and 406(a)
after Recommendations for
promotion
; and
by
inserting and performance-based salary adjustments
after
shall make promotions
; and
in subsection (b)—
by
inserting or precepts prescribed by the Secretary
after
set forth by regulation
; and
by
inserting or salary adjustment
after delay the
promotion
;
in section 606 (22 U.S.C. 4006)—
in subsection
(a)(4), by striking within-class salary increase
and inserting
performance-based salary adjustment
; and
in subsection
(b), by striking within-class salary increases
and inserting
performance-based salary adjustments
;
in section
806(a)(9) (22 U.S.C. 4046(a)(9)), by adding at the end the following:
This paragraph shall not apply to service performed on or after the
first day of the first pay period beginning on or after April 1,
2008.
;
in section
855(a)(3) (22 U.S.C. 4071d(a)(3)), by adding at the end the following:
This paragraph shall not apply to service performed on or after the
first day of the first pay period beginning on or after April 1,
2008.
;
in section 1005(a) (22 U.S.C. 4105(a))—
in paragraph (6),
by striking and
at the end;
in paragraph (7),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
to make determinations under sections 402(a)(2) and 406(a), to make pay adjustments under section 406(b), or to make allocations under section 406(c).
; and
in section 1101(b) (22 U.S.C. 4131(b))—
in paragraph (3),
by striking or
at the end;
in paragraph (4),
by striking the period at the end and inserting ; or
; and
by adding at the end the following:
judgments with respect to pay determinations under sections 402(a)(2) and 406(a), pay adjustments under section 406(b), or allocations under section 406(c).
.
Technical and conforming amendments to title 5
Title 5, United States Code, is amended—
in chapter 53—
in section 5302(1)—
in
subparagraph (A), by adding or
at the end;
by striking subparagraph (B); and
by redesignating subparagraph (C) as subparagraph (B); and
in section 5304(h)(1)(D)—
in
clause (v), by striking or
at the end;
in
clause (vi), by striking the period at the end and inserting ;
or
; and
by adding at the end the following:
a position in the Foreign Service.
; and
in chapter 57—
in section
5753(a)(2)(A), by inserting: , excluding members of the Foreign Service
other than chiefs of mission and ambassadors at large
before the
semicolon at the end.
in section
5754(a)(2)(A), by inserting: , excluding members of the Foreign Service
other than chiefs of mission and ambassadors at large
before the
semicolon at the end.
Effective date
The amendments made by subsections (a) and (b)(1) shall take effect on the first day of the first pay period beginning on or after April 1, 2008.
Miscellaneous Provisions
Education allowances
Section 5924(4) of title 5, United States Code, is amended—
in subparagraph (A)—
by inserting
and, if educational trips are required for successful completion of a
grade or course, the cost of such trips
after Act)
;
and
by striking
nearest locality
and inserting nearest locality in the
United States
;
by amending subparagraph (B) to read as follows:
The travel expenses of dependents of an employee to and from a school to obtain a secondary, post-secondary, or post-baccalaureate education, not to exceed 1 annual trip each way for each dependent. An allowance payment under subparagraph (A) may not be made for a dependent during the 12-month period beginning on the date of the arrival of the dependent at the selected educational institution under authority contained in this subparagraph.
; and
by adding at the end the following:
Allowances provided under subparagraphs (A) and (B) may include, at the election of the employee, payment or reimbursement of the costs incurred to store baggage for the employee’s dependent at or in the vicinity of the dependent’s school during 1 trip per year by the dependent between the school and the employee’s duty station, except that such payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage in connection with the trip, and such payment or reimbursement shall be in lieu of transportation of the baggage.
.
Fraud prevention and detection account
Section 286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(A)) is amended—
in clause (i), by
inserting or primarily
after exclusively
;
and
by amending clause (ii) to read as follows:
otherwise to prevent and detect visa fraud, including primarily fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 101(a)(15), in cooperation with the Secretary of Homeland Security or pursuant to the terms of a memorandum of understanding or other agreement between the Secretary of State and the Secretary of Homeland Security; and
.
Extension of privileges and immunities
The African Union
Section 12 of the International Organizations Immunities Act (22 U.S.C. 288f–2) is amended—
in the header, by striking
Organization of
African Unity
and inserting African
Union
;
by inserting (a)
before
The provisions
; and
by adding at the end the following:
Under such terms and conditions as the President shall determine, consistent with the purposes of this title, the President is authorized to extend, or enter into an agreement to extend, to the African Union Mission to the United States of America, and to its members, the privileges and immunities enjoyed by diplomatic missions accredited to the United States, and by members of such missions, subject to corresponding conditions and obligations.
.
The Holy See
Under such terms and conditions as the President shall determine, the President may extend, or enter into an agreement to extend, to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and their members, subject to corresponding conditions and obligations.
International litigation fund
Section
38(d)(3) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended by
striking from another agency of the United States Government
and
inserting as a result of a decision of an international tribunal, from
another agency of the United States Government,
.
Personal services contracting
Broadcasting Board of Governors
Section 504 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 6206 note), is amended—
in subsection
(a), by striking broadcasters, producers, and writers
and
inserting broadcasters and other broadcasting
specialists
;
in subsection
(c), by striking December 31, 2006
and inserting December
31, 2007
.
Inspector General oversight of Iraq and Afghanistan
In general
Subject to paragraph (2), the Inspector General of the
Department of State and the Broadcasting Board of Governors (referred to in
this subsection as the Inspector General
) may use personal
services contracts to engage citizens of the United States to facilitate and
support the Office of the Inspector General’s oversight of programs and
operations related to Iraq and Afghanistan. Individuals engaged by contract to
perform such services shall not, by virtue of such contract, be considered to
be employees of the United States Government for purposes of any law
administered by the Office of Personnel Management. The Secretary of State may
determine the applicability to such individuals of any law administered by the
Secretary concerning the performance of such services by such
individuals.
Conditions
The authority under paragraph (1) is subject to the following conditions:
The Inspector General determines that existing personnel resources are insufficient.
The contract length for a personal services contractor, including options, may not exceed 2 years, unless the Inspector General makes a finding that exceptional circumstances justify an extension of up to 1 additional year.
Not more than 20 individuals may be employed at any time as personal services contractors under the program.
Termination of authority
The authority to award personal services contracts under this subsection shall terminate on December 31, 2008. A contract entered into prior to the termination date under this paragraph may remain in effect until not later than December 31, 2009.
Other authorities not affected
The authority under this subsection is in addition to any other authority of the Inspector General to hire personal services contractors.
Facilitating service in Iraq and Afghanistan
Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended—
in paragraph (1),
by striking To facilitate
and all that follows through
the Secretary
and inserting The Secretary
;
and
in paragraph (3),
by inserting to facilitate the assignment of persons to Iraq and
Afghanistan or to posts vacated by members of the Service assigned to Iraq and
Afghanistan
after paragraph (1)
.
Discontinuance of duplicative or obsolete reports
Report on steps taken concerning violations of territorial integrity
Section 560(g) of the Foreign Operations,
Export Financing and Related Programs Appropriations Act, 1994 (22 U.S.C. 5814
note; 107 Stat. 967) is amended by striking : Provided
further, That thirty days after the date of enactment of this Act, and
then annually thereafter, the Secretary of State shall report to the Committees
on Appropriations on steps taken by the governments of the New Independent
States concerning violations referred to in this subsection: Provided
further, That in preparing this report the Secretary shall consult
with the United States Representative to the Conference on Security and
Cooperation in Europe
.
Quarterly reports on terrorist lookout committees
Section 304(f) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1733(f)) is repealed.
Semiannual reports on acquisition and major security upgrades
Section 605(c) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note; 113 Stat. 1501A–454) is repealed.
Report on fuel used and other activities of North Korean armed forces
Section 585 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1997 (22 U.S.C. 2656 note) is repealed.
Report on PLO commitments compliance
Section 804 of the PLO Commitments Compliance Act of 1989 (title VIII of Public Law 101–246; 104 Stat. 78) is repealed.
Report on the Multinational Force and Observers
Section 6 of the Multinational Force and Observers Participation Resolution (22 U.S.C. 3425) is repealed.
Report on employment of United States citizens by certain international organizations
Section 181 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 276c–4) is repealed.
Report on the implementation of the Partnership for Peace initiative
Section 514(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 1928 note; 108 Stat. 467) is repealed.
Report on research and training for eastern europe and former soviet union
The Research and Training for Eastern Europe and the Independent States of the Former Soviet Union Act of 1983 (22 U.S.C. 4501 et seq.) is repealed.
September 25, 2006
Read the second time and placed on the calendar