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22 USC 3965 note.
(2) by striking “Foreign Service star" each place it appears and inserting "Thomas Jefferson Star for Foreign Service”. SEC. 312. PRESIDENTIAL RANK AWARDS.
(a) COMPARABLE PAYMENTS.-Section 405(b)(3) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking the second sentence and inserting “Payments under this paragraph to a member of the Senior Foreign Service 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 a Meritorious Executive, except that payments of the percentage of the basic pay established under section 4507(e)(2) of such title for Distinguished Executives may be made in any fiscal year to up to 1 percent of the members of the Senior Foreign Service.”.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect October 1, 2002. SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3968(a)(1)) is amended in the third sentence by striking “(C)” and all that follows through "covered employees." and inserting "(C) payments by the Government and employees to (i) a trust or other fund in a financial institution in order to finance future benefits for employees, including provision for retention in the fund of accumulated interest and dividends for the benefit of covered employees; or (ii) a Foreign Service National Savings Fund established in the Treasury of the United States, which (I) shall be administered by the Secretary, at whose direction the Secretary of the Treasury shall invest amounts not required for the current needs of the Fund; and (II) shall be public monies, which are authorized to be appropriated and remain available without fiscal year limitation to pay benefits, to be invested in public debt obligations bearing interest at rates determined by the Secretary of the Treasury taking into consideration current average market yields on outstanding marketable obligations of the United States of comparable maturity, and to pay administrative expenses.”. SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE.
(a) IN GENERAL.-Section 610(a) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)) is amended
(1) in paragraph (1), by inserting “decide to” after “may”; (2) by striking paragraphs (2), (3), (4), (5), and (6); and
(3) by inserting after paragraph (1) the following: "(2)(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under section 311 of the Foreign Service Act of 1980 who is not a family member) who either
"(i) is serving under a career appointment, or
“(ii) is serving under a limited appointment, the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member's appointment has expired, whichever is sooner.
"(B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a
crime for which a sentence of imprisonment of more than one year may be imposed.
“(3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys' fees to the extent and in the manner provided by section 1107(b)(5). The hearing provided under this paragraph shall be conducted in accordance with the hearing procedures applicable to grievances under section 1106 and shall be in lieu of any other administrative procedure authorized or required by this or any other Act. Section 1110 shall apply to proceedings under this paragraph.
"(4) Notwithstanding the hearing required by paragraph (2), at the time that the Secretary decides to separate a member of the Service for cause, the member shall be placed on leave without pay. If the member does not waive the right to a hearing, and the Board decides that cause for separation has not been established, the member shall be reinstated with back pay.”.
(b) CONFORMING AMENDMENTS.-Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C. 4136(8)) is amended
(1) in the first sentence
(A) by striking "the involuntary separation of the grievant,"; and
(B) by striking “grievant, or” and inserting “grievant or"; and
(2) by striking the last sentence. SEC. 315. DEPENDENTS ON FAMILY VISITATION TRAVEL.
(a) IN GENERAL.-Section 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(8)) is amended by striking “Service” and inserting “Service, and members of his or her family,”.
(b) PROMULGATION OF GUIDANCE.—The Secretary shall promul- 22 USC 4801 gate guidance for the implementation of the amendment made note. by subsection (a) to ensure its implementation in a manner which does not substantially increase the total amount of travel expenses paid or reimbursed by the Department for travel under section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081).
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 22 USC 4801 shall take effect on the date on which guidance for implementation note. of such amendment is issued by the Secretary. SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C. 4084(b) is amended by striking "families, and (3)" and inserting "families, (3) health education and disease prevention programs for all employees, and (4)”. SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C. 4134(a) is amended in the first sentence by striking “but in no case less than two years” and inserting “but in no case more than three years”. SEC. 318. TRAINING AUTHORITIES.
Section 2205 of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of Public Law 105–277; 112 Stat. 2681–808) is amended
(1) in the section heading, by striking "PILOT";
22 USC 4021 and note.
5 USC 8411 note.
SEC. 319. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is amended by inserting after the first sentence the following: "At the election of the employee, in lieu of the transportation of the baggage of a dependent from the dependent's school, the costs incurred to store the baggage at or in the vicinity of the school during the dependent's annual trip between the school and the employee's duty station may be paid or reimbursed to the employee, except that the amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.”. SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS. Section 5927 of title 5, United States Code, is amended
(1) by amending subsection (a)(3) to read as follows:
"(3) to an employee compensated pursuant to section 408 of the Foreign Service Act of 1980, who
“(A) pursuant to United States Government authorization is located outside the country of employment; and
"(B) requires medical treatment outside the country of employment in circumstances specified by the President in regulations.", and
(2) in subsection (b), by striking “appointed” and inserting "hired”. SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE
PERFORMED ABROAD. (a) RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED ABROAD.—Subject to subsection (b)(1), credit under chapter 84 of title 5, United States Code, shall be allowed for any service performed by an individual if or to the extent that
(1) it was performed by such individual
(A) after December 31, 1988, and before May 24, 1998;
(B) at a United States diplomatic mission, consular post (other than a consular agency), or other Foreign Service post abroad; and
(C) under a temporary appointment pursuant to sections 309 and 311 of the Foreign Service Act of 1980 (22 U.S.C. 3949 and 3951);
(2) at the time of performing such service, such individual would have satisfied all eligibility requirements under regulations of the Department (as in effect on the date of the enactment of this Act) for a family member limited noncareer appointment (within the meaning of such regulations, as in effect on such date of enactment), except that, in applying this paragraph, an individual not employed by the Department while performing such service shall be treated as if then so employed;
(3) such service would have been creditable under section 8411(b)(3) of such title 5 if-
(A) the service had been performed before January 1, 1989; and
(B) the deposit requirements of section 8411(f) of such title 5 had been met with respect to such service;
(4) such service would not otherwise be creditable under the Federal Employees' Retirement System or any other retirement system for employees of the United States Government (disregarding title II of the Social Security Act); and
(5) the total amount of service performed by such individual (satisfying paragraphs (1) through (4)) is not less than 90 days. (b) REQUIREMENTS.—
(1) REQUIREMENTS OF THE INDIVIDUAL.-In order to receive credit under chapter 84 of title 5, United States Code, for any service described in subsection (a), the individual who performed such service (or, if deceased, any person who is or would be eligible for a survivor annuity under the Federal Employees' Retirement System based on the service of such individual)
(A) shall file a written application with the Office Deadline. of Personnel Management not later than 36 months after the effective date of the regulations prescribed to carry out this section (as specified in those regulations); and
(B) shall remit to the Office (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total amount that, under section 8422 of such title 5, should have been deducted from the basic pay of such individual for such service if such service had then been creditable under such chapter 84. (2) GOVERNMENT CONTRIBUTIONS.—
(A) IN GENERAL.-In addition to any other payment that it is required to make under chapter 84 of title 5, United States Code, a department, agency, or other instrumentality of the United States shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Fund) the amount described in subparagraph (B).
(B) AMOUNT DESCRIBED.—The amount described in this subparagraph is, with respect to a remittance under paragraph (1), the total amount of Government contributions that would, under section 8423 of title 5, United States Code, have been required of the instrumentality involved (to the extent that it was the employing entity during the period of service to which such remittance relates) in connection with such service.
(C) SPECIAL RULE.—If an amount cannot be remitted under this paragraph because an instrumentality has ceased to exist, such amount shall instead be treated as part of the supplemental liability referred to in section 8423(b)(1) (A) or (B) of title 5, United States Code (whichever would be appropriate).
(3) RELATED REQUIREMENTS.-Any remittance under paragraph (1) or (2)
(A) shall be made in such time, form, and manner as the Office of Personnel Management may by regulation require; and
(B) shall be computed with interest (in accordance with section 8334(e) of title 5, United States Code, and such requirements as the Office may by regulation prescribe).
(4) NOTIFICATION AND ASSISTANCE REQUIREMENTS.
(A) IN GENERAL.- The Office of Personnel Management shall take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this section, or to have any annuity computed or recomputed under this section, of their entitlement to such credit, computation, or recomputation.
(B) ASSISTANCE TO INDIVIDUALS.—The Office shall, on request, assist any individual referred to in subparagraph (A) in obtaining from any department, agency, or other instrumentality of the United States such information in the possession of such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited, or to have any annuity computed or recomputed, pursuant to this section.
(C) ASSISTANCE FROM INSTRUMENTALITIES.-Any department, agency, or other instrumentality of the United States that possesses any information with respect to any service described in subsection (a) shall, at the request
of the Office, furnish such information to the Office. (c) DEFINITIONS.-In this section:
(1) ABROAD.--The term "abroad” has the meaning given such term under section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902).
(2) BASIC PAY.—The term “basic pay” has the meaning given such term under section 8401 of title 5, United States Code.
(3) CIVIL SERVICE RETIREMENT AND DISABILITY FUND.—The term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348 of title 5, United States Code.
(4) TEMPORARY APPOINTMENT.—The term “temporary appointment” means an appointment that is limited by its terms to a period of one year or less.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be considered to permit or require the making of any contributions to the Thrift Savings Fund that would not otherwise have been permitted or required had this section not been enacted. (e) APPLICABILITY.
(1) ANNUITIES COMMENCING ON OR AFTER EFFECTIVE DATE OF IMPLEMENTING REGULATIONS.—An annuity or survivor annuity
(A) which is based on the service of an individual who performed service described in subsection (a), and
(B) which commences on or after the effective date of the regulations prescribed to carry out this section (as
determined under subsection (b)(1)(A)), shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection (a) that was performed by such individual.
(2) ANNUITIES WITH COMMENCEMENT DATE PRECEDING EFFECTIVE DATE OF IMPLEMENTING REGULATIONS.—
(A) RECOMPUTATION CASES.-An annuity or survivor annuity
(i) which is based on the service of an individual who performed service described in subsection (a), and