Sec. 4. Compensation and other benefits
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Chapter 14 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ), as amended by section 3(a) of this Act, is further amended by adding at the end the following: There shall be two salary classes for the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve, with an appropriate title for each class prescribed by the President. The President shall prescribe the ranges of basic salary for each salary class of the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve. The second sentence of paragraph
(1)of section 402(a), and paragraph
(3)of that section, shall apply to the establishment and maintenance of basic salary rates under this subsection. The Secretary of State shall determine which basic salary rate within the ranges prescribed by the President under paragraph
(1)shall be paid to each member of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve in accordance with the provisions, and subject to the limitations, of section 402(a)(2). The actions taken pursuant to this section shall conform, to the extent practicable, with actions taken pursuant to section 402(a) with respect to salaries of the Senior Foreign Service. The President shall establish a Diplomatic Reserve Schedule which shall apply to members of the Diplomatic Reserve and the Diplomatic Retiree Reserve. The Diplomatic Reserve Schedule shall have 9 salary classes. Each salary class of the Schedule shall have 14 steps. The basic salary range for each salary class in the Diplomatic Reserve Schedule shall be equivalent to the salary range for the analogous salary class in the Foreign Service Schedule under section 403. The basic salary rate for each step within a salary class in the Diplomatic Reserve Schedule shall be equivalent to the salary rate for the analogous step in the analogous salary in the Foreign Service Schedule. Salary rates established under this subsection shall be adjusted in accordance with section 5303 of title 5, United States Code, whenever adjustments are made pursuant to the Foreign Service Schedule pursuant to the last sentence of section 403. Except as authorized by subchapter I of chapter 35 of title 5, United States Code, changes in the salary class of a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, or of a member assigned to a salary class in the Diplomatic Reserve Schedule shall be made only in accordance with subchapter IV. Basic pay provided for by section 1421 or 1422 is payable to a member of the Diplomatic Reserve Corps on an hourly basis (as computed in accordance with section 5504(b) of title 5, United States Code), for each hour, or portion thereof, of active service in the Corps (whether active service under subchapter VI or active service for training under subchapter V). Members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve are eligible to compete for performance pay in accordance with this section. The fact that a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve competing for performance pay would, as a result of the payment of such pay, receive compensation exceeding the compensation of any other member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve shall not preclude the award or its payment. Performance pay under this section shall be paid in a lump sum. Performance pay shall be in addition to the basic salary prescribed under section 1421 and any other award grantable or payable to members of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve. Awards of performance pay under this section shall be subject to the provisions of the first sentence of section 405(b). In addition to the requirements provided for by paragraph (1), awards and payment of performance pay shall be subject to the following requirements and limitations: Not more than 25 percent of the aggregate number of the members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve may receive performance pay in any fiscal year. Performance pay shall be awardable to a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve as an annualized amount, but the amount payable shall be prorated from such annualized amount by the number of days in the rating period that the member was on active service (including active service under subchapter VI and active service for training under subchapter V). Except as provided in subparagraphs
(D)and (E), the annualized amount of performance pay awarded a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve may not exceed 20 percent of the annual rate of basic salary for that member under section 1421. Not more than 6 percent of the aggregate number of members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve may be awarded performance pay in any fiscal year in an annualized amount which exceeds the percentage limitation specified in subparagraph (C). The annualized amount of performance pay awarded under this subparagraph to a member may not exceed, in any fiscal year, the percentage of basic pay established under section 4507(e)(1) of title 5, United States Code, for Meritorious Executives. Not more than 1 percent of the aggregate number of members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve may be awarded performance pay in any fiscal year in an annualized amount which exceeds the percentage limitation specified in subparagraph (C). The annualized amount of performance pay awarded under this subparagraph to a member may not exceed, in any fiscal year, the percentage of basic pay established under section 4507(e)(2) of title 5, United States Code, for Distinguished Executives. Notwithstanding subparagraph (B), pay awarded under this subparagraph may be paid without proration for the number of days in the rating period that the member was on active service if the pay is awarded for a specific action. A member may not be awarded performance pay under subparagraph
(D)and this subparagraph in any fiscal year. Any award of performance pay under this section shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code, or the limitation under section 402(a)(3) of this Act, whichever is higher. Regulations prescribed pursuant to section 405(b)(5) shall apply to payments under this section which are made in the case of any individual whose death precludes payment under subparagraph (F). The Secretary shall determine the amount of performance pay available under this section each year for distribution among members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve. The Secretary shall distribute performance pay to particular members under this section on the basis of recommendations by selection boards used under section 1442. The President may grant awards of performance pay under this section provided for by subparagraphs
(D)and
(E)of subsection (c)(2) in the same manner as awards of performance pay are grantable under section 405(d). Notwithstanding any other provision of law, the Secretary may provide for recognition of the meritorious or distinguished service of any member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve by means other than an award of performance pay under this section in lieu of making such an award under this section. Except as provided in subsection
(b)and subject to subsection (c), any member of the Diplomatic Reserve or the Diplomatic Retiree Reserve receiving a salary under the Diplomatic Reserve Schedule shall be advanced to the next higher salary step in the member’s salary class at the beginning of the first applicable pay period following completion by the member of a period of 156 continuous weeks of membership in the Diplomatic Reserve Corps. The Secretary may advance a member to a higher salary step under subsection
(a)without regard to the completion by the member of the period of continuous membership otherwise required by that subsection if the Secretary determines that the meritorious service of the member warrants such advancement. A member may not be advanced to a higher salary step under subsection
(a)at the end of the period of active service of the member described in that subsection if the active service member during such period is found, in a review by a selection board used under section 1442, to fall below the standards applicable to member’s salary class. The Secretary of State may pay special differentials, in addition to compensation otherwise authorized, to members of the Diplomatic Reserve and the Diplomatic Retiree Reserve who are required by nature of their assignments on active service under subchapter VI to perform additional work on a regular basis in substantial excess of normal requirements. The amounts of special differentials paid under paragraph
(1)for work shall be similar to special differentials paid for additional work paid to Foreign Service officers under section 412(a) for similar work. Nothing in this chapter or subchapter V of chapter 55 of title 5, United States Code, shall preclude the granting of compensatory time off for members of the Diplomatic Reserve Corps on active service under subchapter VI. The President shall establish and maintain a system of awards to confer appropriate recognition of outstanding contributions to the Nation by members of the Diplomatic Reserve Corps. The system of awards under this section shall provide for the presentation by the President and by the Secretary of medals or other suitable commendations for performance in the course of or beyond the call of duty which involves distinguished meritorious service to the Nation, including extraordinary valor in the face of danger to life or health. Distinguished meritorious service in the promotion of internationally recognized human rights, including the right to freedom of religion, shall serve as a basis for granting awards under the system of awards under this section. Notwithstanding any provision of section 824 or any other provision of law, the appointment to the Diplomatic Reserve Corps pursuant to subchapter II of a covered annuitant shall not operate to— terminate the payment of any retirement annuity, retired pay, or retainer pay otherwise payable to such covered annuitant under the personnel system referred to in subsection
(b)in which such covered annuitant is participating; or reduce the amount of the retirement annuity, retired pay, or retainer pay otherwise payable to such former participant under such personnel system. For purposes of this section, a covered annuitant is any individual as follows: An annuitant receiving a retirement annuity under subchapter I of chapter 8 (the Foreign Service Retirement and Disability System) or subchapter II of that chapter (the Foreign Service Pension System). An individual receiving retired or retainer pay under chapter 71 or 1223 of title 10, United States Code. An annuitant receiving a retirement annuity under subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), or chapter 84 of that title (the Federal Employees’ Retirement System). An annuitant receiving a retirement annuity, retired pay, or retainer pay under any other Federal Government personnel system. Active service in the Diplomatic Reserve Corps under this chapter of a covered annuitant shall not be treated as creditable service toward the computation or recomputation of the retirement annuity, retired pay, or retainer pay, as applicable, of the covered annuitant under the Federal Government personnel system in which the covered annuitant is participating. As provided by section 1481(b), active service in the Corps under this chapter of a covered annuitant is not creditable service toward entitlement to or computation of a retirement annuity in connection with membership in the Corps otherwise provided for by subchapter VIII. A member of the Diplomatic Reserve Corps who is not otherwise eligible for participation in the program of health insurance under chapter 89 of title 5, United States Code, shall be deemed an employee for purposes of participation in that program and be treated as if the member were a member of the uniformed services, subject to any conditions and limitations applicable to similarly situated members of the uniformed services participating in that program. Except as provided in paragraph (2), members of the Diplomatic Reserve Corps and their families are eligible for health care under the health care program under section 904. Members of the family of a member of the Corps are not covered by the authority in subsection (b)(2) or
(d)of section 904 unless such members of the family are accompanying such member of the Corps on an assignment abroad. In carrying out the continuing review of the health care program under section 904 required by subsection
(f)of that section, the Secretary of State shall take into account the provision of health care to members of the Corps and their families under this subsection. Any reimbursements paid to the Department of State for health care provided pursuant to this section shall be credited and available in accordance with the provisions of section 904(g). Subject to paragraph (2), the Secretary of State may provide for payment of a gratuity to the surviving dependents of any member of the Diplomatic Reserve Corps who dies as a result of injuries sustained in the performance of active service under subchapter VI abroad, in an amount equal to one year’s salary at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death. A survivor is eligible for payment of a gratuity under this section only if the survivor is described by section 414(d). The payment of a death gratuity under this section shall be made in accordance with the guidance issued under section 413(c). Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source. Notwithstanding the amounts specified in chapter 87 of title 5, United States Code, a member of the Diplomatic Reserve Corps who dies as a result of injuries sustained while on active service under subchapter VI abroad because of an act of terrorism shall be eligible for a special payment in an amount equal to the special payment authorized by section 415(a)(1) at the time of death, which shall be in addition to any employer provided life insurance coverage. In this subsection, the term act of terrorism has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 ( 22 U.S.C. 2656f(d) ). A payment made under this section shall be made in accordance with the guidance issued under section 413(c). A payment made under this section should not be used to reduce any other payment to which a recipient is otherwise eligible under Federal law. The Secretary of State shall, in accordance with the guidance issued under section 413(c), provide educational assistance to a beneficiary of any member of the Diplomatic Reserve Corps who dies while on active service under subchapter VI abroad because of an act of terrorism to meet, in whole or in part, the expenses incurred by the beneficiary in pursuing a program of education at an educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other educational costs. The amount and aggregate period of educational assistance provided to a beneficiary under this section shall be governed by the provisions of section 416(b). In this section: The term act of terrorism has the meaning given that term in section 1432(a)(2). The terms program of education and educational institution have the meanings given such terms in section 3501 of title 38, United States Code. The Secretary of State may carry out a program for payment of travel and related expenses of members of the Diplomatic Reserve Corps on active service and their families. The expenses payable under the program authorized by subsection
(a)may include such costs and expenses specified in paragraphs
(1)through
(15)of section 901 as the Secretary considers appropriate for members of the Diplomatic Reserve Corps and their families. In carrying out the program, the Secretary shall ensure, to the extent practicable, that the expenses payable for members of the Corps and their families under the program are similar to expenses payable for similarly situated members of the Foreign Service and their families under section 901. The Secretary may provide members of the Diplomatic Reserve Corps with household furnishing and equipment for the same purpose, and on the same basis, as the Secretary provides such furnishing and equipment to similarly situated members of the Foreign Service under section 902. In providing for official receptions and payment of entertainment and representational expenses under section 905, the Secretary of State may provide for such receptions, and payment of such expenses, for members of the Diplomatic Reserve Corps and their families for the same purpose, and subject to the same requirements, as are specified in that section. . Section 5541(2) of title 5, United States Code, is amended in the flush matter following subparagraph (C)— by redesignating clauses
(xvi)and
(xvii)as clauses
(xvii)and (xviii), respectively; and by inserting after clause
(xv)the following new clause (xvi): A member of the Diplomatic Reserve Corps (including a member of the Senior Diplomatic Reserve, the Senior Diplomatic Retiree Reserve, the Diplomatic Reserve, and the Diplomatic Retiree Reserve); .
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