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and personnel assigned to permanent duty ashore outside the United States in support of the security of such countries.

(B) Recoupment of funds associated with financial commitments from such countries for paying the United States the residual value of United States facilities in such countries that the United States relinquishes to such countries upon the termination of the use of such facilities by the United States.

SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS.

(a)–(j)

(k) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.-(1) Section 35 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707) is amended

(A) by striking subsection (a); and

(B) in subsection (b)

(i) by striking the text preceding paragraph (1) and inserting the following: "The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international communications and information policy. The Secretary of State shall—";

(ii) by striking paragraph (2);

(iii) by redesignating paragraph (1) as paragraph (2); (iv) by inserting before paragraph (2) (as so redesignated) the following:

"(1) exercise primary authority for the conduct of foreign policy with respect to such telecommunications functions, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this responsibility, the Secretary shall coordinate with other agencies as appropriate, and, in particular, shall give full consideration to the authority vested by law or Executive order in the Federal Communications Commission, the Department of Commerce and the Office of the United States Trade Representative in this area;";

(v) in paragraph (2) (as so redesignated) by striking "with the bureaus and offices of the Department of State and", and inserting before the semicolon "and with the Federal Communications Commission, as appropriate"; and

(vi) in paragraph (3), by striking "the Senior Interagency Group on International Communications and Information Policy" and inserting "any senior interagency policymaking group on international telecommunications and information policy and chair such interagency meetings as may be necessary to coordinate actions on pending issues;". (2) 35 Nothing in the amendments made by paragraph (1) affects the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Repre

35 22 U.S.C. 2707 note.

sentative, the Federal Communications Commission, or any officer thereof.

(3) (4) *

(m)-(q)

*

* * 36

PART D-PERSONNEL

SUBPART 1-GENERAL PROVISIONS

SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY DAMAGE OR LOSS.

(a) CLAIMS RESULTING FROM EMERGENCY EVACUATION IN A FOREIGN COUNTRY.-Subsection 3721(b) of title 31 of the United States Code is amended

(1) by inserting "(1)" after "(b)"; and

(2) by adding after paragraph (1), as so designated, the following:

"(2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in section 5522(a) of title 5, if the Secretary determines that there exists exceptional circumstances that warrant such a waiver.".

(b) 37 RETROACTIVE APPLICATION.-The amendments made by subsection (a) shall apply with respect to claims arising on or after October 31, 1988.

SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

(a) 38 PROHIBITION ON AWARDS.-Notwithstanding any other provision of law, the Secretary of State may not award or pay performance payments for fiscal years 1994 and 1995 under section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), unless the Secretary awards or pays performance awards to other Federal employees for such fiscal years.

(b) 38 AWARDS IN SUBSEQUENT FISCAL YEARS.-The Secretary may not make a performance award or payment in any fiscal year after a fiscal year referred to in subsection (a) for the purpose of providing an individual with a performance award or payment to which the individual would otherwise have been entitled in a fiscal year referred to in such subsection but for the prohibition described in such subsection.

(c) 38 APPLICATION TO USIA, AID, AND ACDA.-Subsections (a) and (b) shall apply to the United States Information Agency, the Agency for International Development, and the Arms Control and

36 Sec. 162 has no subsec. (1).

37 31 U.S.C. 3721 note.

38 22 U.S.C. 3965 note.

Disarmament Agency in the same manner as such subsections apply to the Department of State, except that the Director of the United States Information Agency, the Administrator of the Agency for International Development, and the Director of the Arms Control and Disarmament Agency shall be subject to the limitations and authority of the Secretary of State under subsections (a) and (b) for their respective agencies.

(d) AMENDMENT TO FOREIGN SERVICE ACT OF 1980.-Section 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4)) is amended to read as follows:

"(4) Any award under this section shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code.".

SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE POSITIONS.

(a) AUDIT AND REVIEW.-Not later than December 31, 1994, the Comptroller General of the United States shall conduct a classificatior. audit of all Senior Foreign Service positions in Washington, District of Columbia, assigned to the Department of State, the Agency for International Development, and the United States Information Agency and shall review the methods for classification of such positions.

(b) REPORT.-Not later than March 1, 1995, the Comptroller General shall submit a report of such audit and review to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 176. ALLOWANCES.

(a) AWAY-FROM-POST EDUCATION ALLOWANCE.-Section 5924(4)(A) of title 5, United States Code, is amended by inserting after the first sentence the following: "When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post.".

(b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS STUDYING ABROAD.-Section 5924(4)(B) of title 5, United States Code, is amended in the first sentence after "in the United States" by inserting "(or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States)".

SEC. 178.39 MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM.

(a) PURPOSE.—It is the purpose of this section to promote the acquisition and retention of highly qualified, trained, and experienced women and minority personnel within the Foreign Service, to provide the maximum opportunity for the Foreign Service to meet staffing needs and to acquire the services of experienced and talented women and minority personnel, and to help alleviate the impact of downsizing, reduction-in-force, and budget restrictions occurring in the defense and national security-related agencies of the United States.

(b) ESTABLISHMENT.-For each of the fiscal years 1994 and 1995, the Secretary of State shall to the maximum extent practicable appoint to the Foreign Service qualified women and minority applicants who are participants in the priority placement program of the Department of Defense, the Department of Defense out-placement referral program, the Office of Personnel Management Automated Applicant Referral System, or the Office of Personnel Management Interagency Placement Program. The Secretary shall make such appointments through the mid-level entry program of the Department of State under section 306 of the Foreign Service Act of 1980.

(c) REPORT.-Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit a report concerning the implementation of subsection (a) to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such report shall include recommendations on methods to improve implementation of the purpose of this section.

SEC. 179.40 EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE.

(a) REFERRAL SYSTEM.-Certain members of the Foreign Service (as described in subsection (b)), may participate in the Office of Personnel Management's Interagency Placement programs or any successor program. Such members of the Foreign Service shall be treated in the same manner as employees participating in such a program as of the effective date of this Act.

(b) CERTAIN Members of the FOREIGN SERVICE.-For purposes of this section, the term "members of the Foreign Service" means any individual holding a career or career candidate appointment under chapter 3 of the Foreign Service Act of 1980.

SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN * MEMBERS OF THE FOREIGN SERVICE. (a) 41 IN GENERAL.(b) MANAGEMENT RIGHTS.

**

39 22 U.S.C. 3922a note.

40 22 U.S.C. 4010a note.

41 Sec. 181(a) amended the Foreign Service Act of 1980 by adding a new sec. 611, relating to reductions in force, and made corresponding technical amendments. For text of sec. 611, see page 517.

(c) 42 CONSULTATION.-The Secretary of State (or in the case of any other agency authorized by law to utilize the Foreign Service personnel system), the head of that agency shall consult with the Director of the Office of Personnel Management before prescribing regulations for reductions in force under section 611 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), and shall publish such regulations.

SEC. 182. RESTORATION OF WITHHELD BENEFITS.

(a) 43 ELIGIBILITY.-With respect to any person for which the Secretary of State and the Secretary concerned within the Department of Defense has approved the employment or the holding of a position pursuant to the provisions of section 1058, title 10, United States Code, before the date of enactment of this Act, the consents, approvals and determinations under that section shall be deemed to be effective as of January 1, 1993.

(b) TECHNICAL CORRECTION. Subsection (d) of section 1433 of Public Law 103-160 is repealed.

SUBPART 2-FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN

SERVICE

SEC. 191. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE.

(a) 44 REGULATIONS.-Not later than 180 days after the date of enactment of this Act, the Secretary of State shall promulgate regulations

(1) establishing hiring preferences for Foreign Service Officer candidates competent in languages, with priority preference given to those languages in which the Department of State has a deficit;

(2) establishing a standard that employees will not receive long-term training in more than 3 languages, and requiring that employees achieve full professional proficiency (S4/R4) in 1 language as a condition for training in a third, with exceptions for priority needs of the service at the discretion of the Director General;

(3) requiring that employees receiving long-term training in a language, or hired with a hiring preference for a language, serve at least 2 tours in jobs requiring that language, with exceptions for certain limited-use languages and priority needs of the service at the discretion of the Director General;

(4) requiring that significant consideration be given to foreign language competence and use in the evaluation, assignment, and promotion of all Foreign Service Officers of the Department of State;

(5) requiring the identification of appropriate Washington, D.C. metropolitan area positions as language-designated; and

(6) requiring remedial training and suspension of language differential payments for employees receiving such payments who have failed to maintain required levels of proficiency.

42 22 U.S.C. 4010a note.

43 10 U.S.C. 1058 note.

44 22 U.S.C. 3926 note.

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