Bills Sec. 10 — Other administrative authorities and…

Chapter 14 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ), as amended by section 9 of this Act, is further amended by adding at the end the following: The Secretary of State shall prescribe standards and qualifications of performance for the retention and promotion of members of the Diplomatic Reserve Corps. The Secretary shall establish procedures for the periodic and equitable determination of the compliance of members of the Diplomatic Reserve Corps with the standards and qualifications prescribed pursuant to subsection

(a)in their performance of service with the Corps. The procedures established pursuant to paragraph (1)— shall include administrative reviews of relative performance of members by selection boards as contemplated by section 1475(a); and may include any other procedures for reviews or determinations of performance of members that the Secretary considers appropriate for purposes of this section. A member of the Diplomatic Reserve Corps determined pursuant to the procedures established pursuant to subsection (b)(2) to not meet standards and qualifications of performance prescribed pursuant to subsection

(a)applicable to the member shall have the member’s appointment in the Corps terminated. A member of the Corps whose appointment in the Corps is terminated under paragraph

(1)is not entitled to benefits under subchapter VIII in connection with the termination or the service so terminated. An individual whose appointment in the Corps is terminated under paragraph

(1)may not be reappointed to the Corps. Under regulations prescribed by the Secretary of State, a system of continuous screening of members of the Diplomatic Reserve Corps shall be established to ensure the following: That there is a proper balance of required skills among the members of the Corps. That there will be no significant attrition of members during a call to active service pursuant to subchapter VI. That, except for members of the Corps with skills for which there is an overriding requirement, members having critical civilian skills are not retained in numbers beyond the need for such skills. That, with due regard to national security requirements, recognition is given in determinations of retention of members of the Corps under this section to service at hardship locations or at which danger pay was authorized. If a member of the Diplomatic Reserve Corps is determined pursuant to screening under subsection

(a)to be excess to the requirements of the Corps, the member shall— in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of the determination, be retired from the Corps; or in the case of any other member, have the member’s appointment in the Corps terminated. A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to an immediate annuity under subchapter VIII. A member of the Corps who is under 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age. A member of the Corps whose appointment is terminated under subsection (b)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. An individual whose appointment in the Diplomatic Reserve Corps is terminated under subsection (b)(2) may be reappointed to the Corps in accordance with such requirements and conditions as the Secretary shall prescribe in the regulations required by subsection (a). Except as provided in subparagraph (B), if an individual described in paragraph

(1)is reappointed to the Corps, any service of the individual in the Corps before the termination of the individual’s appointment under subsection (b)(2) shall not be taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment. An individual described in paragraph

(1)who is reappointed to the Corps shall have the service of the individual described in subparagraph

(A)taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment if the individual makes a payment to the Fund equal to the amount of involuntary separation benefits received by the individual under subsection (c)(3) in connection with termination, together with interest on such amount computed in accordance with regulations issued by the Secretary (which regulations shall conform, to the extent practicable, to the regulations issued pursuant to section 854(d)). In this paragraph, the term Fund has the meaning given that term in section 852(2). In order to ensure the medical and dental readiness of members of the Diplomatic Reserve Corps for active service pursuant to a call to active service under subchapter VI, each member of the Corps shall undergo, not less frequently than once every six months, a comprehensive assessment of the medical and dental readiness of such member for such service. The Secretary of State shall prescribe in regulations the required elements of the comprehensive assessments required pursuant to paragraph (1). Each member of the Corps shall submit to the Chief Medical Officer of the Department of State the results of each comprehensive assessment of medical and dental readiness undergone by such member under this section. If a member of the Diplomatic Reserve Corps is determined as a result of an assessment undergone pursuant to subsection

(a)to lack the medical or dental readiness necessary for active service in the Corps as described in that subsection, the member shall— in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of the determination, be retired from the Corps; or in the case of any other member, have the member’s appointment in the Corps terminated. A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (c)(1) shall be entitled to an immediate annuity under subchapter VIII. A member of the Corps who is under 60 years of age at the time of retirement under subsection (c)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age. A member of the Corps whose appointment is terminated under subsection (c)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. An individual whose appointment in the Diplomatic Reserve Corps is terminated under subsection (c)(2) may be reappointed to the Corps in accordance with such requirements and conditions as the Secretary shall prescribe in regulations. Except as provided in subparagraph (B), if an individual described in paragraph

(1)is reappointed to the Corps, any service of the individual in the Corps before the termination of the individual’s appointment under subsection (c)(2) shall not be taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment. An individual described in paragraph

(1)who is reappointed to the Corps shall have the service of the individual described in subparagraph

(A)taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment if the individual makes a payment to the Fund equal to the amount of involuntary separation benefits received by the individual under subsection (d)(3) in connection with termination, together with interest on such amount computed in accordance with regulations issued by the Secretary (which regulations shall conform, to the extent practicable, to the regulations issued pursuant to section 854(d)). In this paragraph, the term Fund has the meaning given that term in section 852(2). The Secretary of State may conduct reductions in force and shall prescribe regulations for the separation of members of the Diplomatic Reserve Corps under such reductions in force which give due effect to each of the circumstances specified in section 611(a). The regulations prescribed pursuant to paragraph

(1)shall, to the extent practicable, conform to regulations on separations of members of the Foreign Service in reductions of force prescribed pursuant to section 611(a). If a member of the Diplomatic Reserve Corps is determined to be separable during a reduction in force conducted pursuant to subsection (a), the member shall— in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of the determination, be retired from the Corps; or in the case of any other member, have the member’s appointment in the Corps terminated. A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to an immediate annuity under subchapter VIII. A member of the Corps who is under 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age. A member of the Corps whose appointment is terminated under subsection (b)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service. An individual whose appointment in the Diplomatic Reserve Corps is terminated under subsection (b)(2) may be reappointed to the Corps in accordance with such requirements and conditions as the Secretary shall prescribe in regulations. Except as provided in subparagraph (B), if an individual described in paragraph

(1)is reappointed to the Corps, any service of the individual in the Corps before the termination of the individual’s appointment under subsection (b)(2) shall not be taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment. An individual described in paragraph

(1)who is reappointed to the Corps shall have the service of the individual described in subparagraph

(A)taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment if the individual makes a payment to the Fund equal to the amount of involuntary separation benefits received by the individual under subsection (c)(3) in connection with termination, together with interest on such amount computed in accordance with regulations issued by the Secretary (which regulations shall conform, to the extent practicable, to the regulations issued pursuant to section 854(d)). In this paragraph, the term Fund has the meaning given that term in section 852(2). Not less frequently than once every two years, the Secretary of State shall conduct a readiness exercise designed to provide a comprehensive assessment of the readiness of the Diplomatic Reserve Corps to provide service for the Foreign Service and the Department of State for the purpose set forth in section 1401(b). Each such exercise shall be as realistic as possible, and shall include the active participation of elements of the Service and the bureaus, offices, and other operating units of the Department with which members of the Corps will interact while on active service. The Secretary of State shall maintain current adequate personnel records on the members of the Diplomatic Reserve Corps, including records on the following: Physical condition. Qualifications. Civilian occupations skills. Availability, and physical, medical, and dental readiness, for active service under this chapter. Dependency status. Such other information necessary for the efficient administration of the Corps as the Secretary may prescribe. In maintaining records under this section, the Secretary shall also maintain records on the following for each fiscal year: The number of members of the Diplomatic Reserve Corps who participate in active service for training under subchapter V. The number of members of the Corps who participate in inactive service for training with pay. Each member of the Diplomatic Reserve Corps shall notify the Secretary of any material change in any status for which records are maintained under this section. .

Sec. 10. Other administrative authorities and requirements