Sec. 7. Active service
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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 6 of this Act, is further amended by adding at the end the following: In time of a national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary of State may, without the consent of the member, call any member of the Diplomatic Reserve Corps to active service for the duration of the emergency and for six months thereafter.
In time of a national emergency declared by the President, or when otherwise authorized by law, the Secretary may, without the consent of the member, call any member of the Diplomatic Reserve Corps to active duty for not more than 12 consecutive months. To achieve fair treatment between members of the Corps who are being considered for recall to duty without their consent under this subsection, consideration shall be given to— the length and nature of prior service in the Corps, with greater weight afforded to service abroad than to service in the United States, to ensure such sharing of exposure to hazards as the national security will reasonably allow; family responsibilities; and employment necessary to maintain the national health, safety, or interest.
The number of members of the Corps on active service under this subsection at any one time during a fiscal year may not exceed the number equal to 75 percent of the authorized strength of the Corps as of the end of the fiscal year. The Secretary shall notify Congress prior to calling members of the Diplomatic Reserve Corps to active duty pursuant to this subsection. If any member of the Diplomatic Reserve Corps is called to active duty pursuant to this subsection and remains on active duty for any period of time that exceeds the time limitation described in paragraph (1), such active duty status may be terminated pursuant to the enactment of a joint resolution of disapproval.
At any time, the Secretary may, without the consent of the member, call any member of the Diplomatic Reserve Corps to active service for not more than 15 days a year. When the Secretary determines, in accordance with regulations prescribed by the Secretary, that a member of the Diplomatic Reserve Corps has failed to participate in active service required by this subchapter or active service for training required by subchapter V, or has failed to perform satisfactorily the duties of any such service, the Secretary may, without the consent of the member, call the member to active service for the performance of active service or active service for training, as the case may be, for not more than 45 days.
A member of the Corps may be called to active service under this subsection only once each calendar year. At any time, the Secretary may call a member of the Diplomatic Reserve Corps to active service, or retain the member on active service, with the consent of the member. When the President determines it necessary to augment the diplomatic efforts of the United States, the President may authorize the Secretary of State, without the consent of the member, to call any member of the Diplomatic Reserve Corps to active service for not more than 365 consecutive days.
The authority in subsection
(a)includes authority to call a member of the Diplomatic Reserve Corps to active service to provide assistance in responding to an emergency involving any of the following: Attack on a diplomatic or consular facility of the United States. Terrorist attack or threat of terrorist attack against United States interests or citizens abroad that results, or could result, in significant loss of life or property. Natural or man-made disaster abroad. Attack or threat of attack on any nation with which the United States has friendly relations. The number of members of the Diplomatic Reserve Corps on active service under this section at any one time during a fiscal year may not exceed the number equal to 25 percent of the authorized strength of the Corps as of the end of the fiscal year. In determining which members of the Diplomatic Reserve Corps will be called to active service without their consent under this section, appropriate consideration shall be given to— the length and nature of prior service in the Corps, with greater weight afforded to service abroad than to service in the United States, to ensure such sharing of exposure to hazards as the national security will reasonably allow; the frequency of calls to active service for assignment abroad during career service in the Corps; family responsibilities; and employment necessary to maintain the national health, safety, or interest. The Secretary shall prescribe such policies and procedures as the Secretary considers necessary to carry out this subsection. When the President authorizes the Secretary to call any member of the Diplomatic Reserve Corps to active service under the authority in subsection (a), the President shall, within 24 hours after exercising such authority, submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of the members of the Corps called to active service. When members of the Diplomatic Reserve Corps are called to active service under authority in subsection (a), the service of such members on active service may terminated by— order of the President; order of the Secretary; or law. When the Secretary of State determines it necessary to augment the regular personnel of the Department of State for a preplanned activity in support of a bureau of the Department or an embassy of the United States, the Secretary may, subject to subsection (b), call any member of the Diplomatic Reserve Corps, without the consent of the member, to active service for not more than 365 days. Members of the Diplomatic Reserve Corps may be called to active service under this section only if— the activity and costs of such service are specifically included in the Congressional Budget Justification document, or in a Congressional Notification of Reprogramming, for the fiscal year or years in which such members are anticipated to be called to active service; and the budget information on such costs includes a description of the mission for which such members are anticipated to be called to active service and the anticipated length of time of such members to be on active service on an involuntary basis. The number of members of the Diplomatic Reserve Corps on active service under this section at any one time during a fiscal year may not exceed the number equal to 25 percent of the authorized strength of the Corps as of the end of the fiscal year. In determining which members of the Diplomatic Reserve Corps will be called to active service without their consent under this section, appropriate consideration shall be given to— the length and nature of prior service in the Corps, with greater weight afforded to service abroad than to service in the United States, to assure such sharing of exposure to hazards as the national security will reasonably allow; the frequency of calls to active service for assignment abroad during career service in the Corps; family responsibilities; and employment necessary to maintain the national health, safety, or interest. The Secretary shall prescribe such policies and procedures as the Secretary considers necessary to carry out this subsection. When the Secretary calls any member of the Diplomatic Reserve Corps to active service under the authority in subsection (a), the Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of the members of the Corps called to active service. When members of the Diplomatic Reserve Corps are called to active service under authority in subsection (a), the service of such members on active service may be terminated by— order of the Secretary; or law. The Secretary of State may call members of the Diplomatic Reserve Corps to active service duty pursuant to section 1461(e) to perform service organizing, administering, recruiting, instructing, or training the Corps. A member of the Diplomatic Reserve Corps on active service under subsection
(a)may perform the following additional duties, to the extent that the performance of such duties does not interfere with the performance of the member’s primary Corps duties described in subsection (a): Supporting operations or missions assigned in whole or in part to Corps members. Supporting operations or missions performed or to be performed by— a task force composed of elements from more than one bureau of the Department of State; or a task force that includes— one or more other Departments or Agencies; or one or more other nations or international organizations. Advising the Secretary, the Deputy Secretaries of State, the Under Secretaries of State, the Assistant Secretaries of State, or the Chiefs of Mission regarding Corps matters. Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding Corps matters. The Secretary of State may call a member of the Diplomatic Reserve Corps to active service, or retain a member on active service, for a period of not more than 30 days while the member is being treated for, or is recovering from, an injury, illness, or disease incurred or aggravated in active service (whether in active service under this subchapter or active service for training under subchapter V) in the line of duty. Subject to other provisions of this chapter, a member of the Diplomatic Reserve Corps may be ordered to active service under this subchapter or other service (including inactive service for training) or duty— with the pay and allowances provided by this chapter for members of the Corps; or with the member’s consent, without pay. Service or duty without pay described in subsection (a)(2) shall be considered for all purposes as if it were service or duty with pay. A member of the Diplomatic Reserve Corps who is kept on active service under this subchapter after the term of service otherwise provided for by this subchapter expires is entitled to pay and allowances while on that service, except as they may be forfeited upon a determination of the Director General of the Foreign Service and approved by the Secretary of State. Subject to paragraph (2), in order to provide definite terms of active service under this subchapter for members of the Diplomatic Reserve Corps with their consent, the Secretary of State may make a standard written agreement with any member of the Corps requiring the member to serve for a period of active service under this subchapter of not more than four years. When such an agreement expires, a new one may be made. This subsection does not apply in time of war or national emergency. An agreement may not be made under this subsection unless the specified period of service is at least 2 months longer than any period of active service that the member is otherwise required to perform. Agreements made under this subsection shall be uniform so far as practicable, and are subject to such standards and policies as may be described by the Secretary. If an agreement made under this subsection expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active service, without the member’s consent, as otherwise prescribed by law. Each agreement made under subsection
(a)shall provide that the member of the Diplomatic Reserve Corps may not be released from active service without the member’s consent during the period of the agreement as follows: Because of a reduction in the authorized strength of the Corps, unless the release is in accordance with regulations prescribed by the Secretary to determine the members to be released. For any other reason, without an opportunity to appeal the decision to the Director General of the Foreign Service, unless the member is— dismissed or discharged following the loss of the member’s security clearance; released because of an unexplained absence without leave for at least three months; released following a conviction and sentencing to confinement in a Federal or State penitentiary or correctional institution and the sentence has become final; or released because the member has been low-ranked twice by a selection board provided for by section 1442. Except as provided in paragraph (2), a member of the Diplomatic Reserve Corps who is released from active service without consent before the end of an agreement made under subsection
(a)is entitled to an amount computed by multiplying the number of months of unexpired service under the agreement by the sum of one month basic pay, special pay, and allowances to which the member is entitled on the day of release. This subsection does not apply to a member of the Corps if the member is— released for a reason specified in subparagraph
(A)through
(D)of paragraph (1); released because of a physical disability resulting from the member’s own intentional misconduct or willful neglect; eligible for retirement under another provision of law; or released to accept an appointment in the Foreign Service or civil service in the Department of State. For purposes of this subsection, a fraction of a month of 15 days or more is counted as a whole month, and a fraction of a month of fewer than 15 days is disregarded. The amount to which a member of the Corps is entitled under this subsection is in addition to any pay and allowances to which the member is otherwise entitled. When a temporary expansion of the personnel of the Department of State requires that members of the Diplomatic Reserve Corps be called to active service under this subchapter without their consent, the services of qualified and available members in all classes shall be used, so far as practicable, according to the national security needs of the Department. A member of the Diplomatic Reserve Corps called to active service under this subchapter shall be called to active service in the salary class, and the salary step (if applicable), to which assigned pursuant to subchapter III at the time of the call to active service. A member of the Diplomatic Reserve Corps who is on active service under this subchapter may, under regulations prescribed by the Secretary of State, be assigned to any duty authorized by law for Foreign Service personnel and other employees of the Department. The Secretary of State may release a member of the Diplomatic Reserve Corps on active service under this subchapter from such active service at any time. During any period members of the Diplomatic Reserve Corps are serving on active service pursuant to a call to active service under section 1461, 1462, or 1463, the President may suspend any provision of law and regulations relating to promotion, retirement, or separation applicable to any member of the Corps who the President determines is essential to the national security of the United States. A suspension made under the authority in subsection
(a)shall terminate upon the earlier of— release from active service of the members of the Diplomatic Reserve Corps covered by such suspension; or such time as the President determines the circumstances which required the suspension, or the call of such members to active service no longer exist. Upon the termination of a suspension made under the authority in subsection
(a)of a provision of law otherwise requiring the retirement or separation of members from the Diplomatic Reserve Corps for age or length of service, the Secretary of State shall extend by up to 90 days the otherwise required date of retirement or separation of any member whose retirement or separation, but for the suspension, would have been before the date of termination of the suspension or within 90 days after the date of termination of the suspension. Notwithstanding any other provision of this subchapter, no member of the Diplomatic Reserve Corps may be called to active service in the United States for purposes of filling a vacant position of a civil service or Foreign Service employee within the Department for more than 180 days. .
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