[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8167 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8167
To amend the Foreign Service Act of 1980 to establish a Diplomatic
Reserve Corps.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2026
Ms. Titus (for herself and Mr. Baumgartner) introduced the following
bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the Foreign Service Act of 1980 to establish a Diplomatic
Reserve Corps.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diplomatic Reserve Corps Act of
2026''.
SEC. 2. DIPLOMATIC RESERVE CORPS.
Title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)
is amended by adding at the end the following:
``CHAPTER 14--DIPLOMATIC RESERVE CORPS
``Subchapter I--Diplomatic Reserve Corps
``SEC. 1401. DIPLOMATIC RESERVE CORPS.
``(a) In General.--There is in the Department of State a Diplomatic
Reserve Corps.
``(b) Purpose.--The purpose of the Diplomatic Reserve Corps is to
assist the Secretary of State, the Department of State, and the Foreign
Service in the discharge of their responsibilities and functions as
authorized by law through the maintenance of a reserve of trained
personnel available for active service when the needs of the Secretary,
the Department, or the Service so require.
``(c) Nature of Corps.--
``(1) In general.--The Diplomatic Reserve Corps is an
independent personnel system within the Department of State.
``(2) Not an element of the foreign service.--The
Diplomatic Reserve Corps is not a component or other element of
the Foreign Service. Members of the Diplomatic Reserve Corps,
whether or not on active service, are not members of the
Foreign Service.
``SEC. 1402. ELEMENTS.
``The Diplomatic Reserve Corps has four elements as follows:
``(1) The Senior Diplomatic Reserve.
``(2) The Senior Diplomatic Retiree Reserve.
``(3) The Diplomatic Reserve.
``(4) The Diplomatic Retiree Reserve.
``SEC. 1403. ADMINISTRATION.
``(a) Administration by Secretary of State.--Under the direction of
the President, the Secretary of State shall administer and direct the
Diplomatic Reserve Corps and shall coordinate its activities with the
needs of the Department of State and the Foreign Service.
``(b) Assistance by Director General of the Foreign Service.--
``(1) In general.--The Director General of the Foreign
Service should assist the Secretary in the management of the
Diplomatic Reserve Corps.
``(2) Delegation.--Subject to the approval of the
Secretary, the Director General may, in assisting the Secretary
pursuant to paragraph (1), delegate to an appropriate senior
officer in the Department overall responsibility for management
of the Diplomatic Reserve Corps.
``(c) Compatibility Between Diplomatic Reserve Corps and Foreign
Service and Other Government Personnel Systems.--The Diplomatic Reserve
Corps shall be administered to the extent practicable in conformity
with policy and regulations applicable to the Foreign Service, in
particular, and the policies and regulations of the Government,
generally.
``(d) Relation and Responsibility of Bureaus, Offices, etc. of
Department of State to Diplomatic Reserve Corps.--The bureaus, offices,
and operating elements of the Department of State have the same
relation and responsibility to the Diplomatic Reserve Corps as they do
to the Foreign Service and the civil service of the Department.
``(e) Regulations; Delegation of Functions.--
``(1) Regulations.--The regulations prescribed under
section 206(a) may include regulations relating to the
Diplomatic Reserve Corps and the discharge of its functions.
``(2) Delegation of functions.--Section 206(b), relating to
delegation of functions by the Secretary of State, applies to
functions with respect to the Diplomatic Reserve Corps.
``SEC. 1404. AUTHORITY OF THE INSPECTOR GENERAL.
``The Diplomatic Reserve Corps is an operating unit of the
Department of State for purposes of section 209, relating to the
authorities and responsibilities of the Inspector General of the
Department of State.
``SEC. 1405. HEADQUARTERS STAFF.
``(a) In General.--Members of the Diplomatic Reserve Corps may be
assigned to the headquarters of the Department of State to participate
in the administration of this chapter and in the preparation of
policies and regulations relating to the Corps.
``(b) Treatment Within Limitations on Staff Size.--Any members of
the Diplomatic Reserve Corps assigned to headquarters of the Department
pursuant to subsection (a) are in addition to any other numbers of
staff at the headquarters as otherwise authorized or limited by law.
``(c) Construction of Authorization.--The authority in subsection
(a) may not be interpreted to prohibit or limit the assignment of
members of the Diplomatic Reserve Corps to other posts, positions, or
other locations of assignment, whether permanent or temporary, in the
United States.
``SEC. 1406. RECRUITMENT.
``(a) In General.--The Secretary of State shall take appropriate
actions to ensure that recruitment for the Diplomatic Reserve Corps
ranges widely throughout the United States and is designed to obtain
and maintain a Corps that is representative of the American people.
``(b) Personal Services Contracts.--
``(1) Contracts authorized.--The Secretary may enter into
one or more contracts with private individuals for personal
services in connection with recruitment for the Diplomatic
Reserve Corps, including to assist in the discharge of the
requirement in subsection (a).
``(2) Not government employees.--Individuals under contract
under this subsection shall not be considered employees of the
United States for any purposes. However, the Secretary may
specify in any such contract the applicability of a law
administered by the Secretary to the activities of the
individual covered by such contract.''.
SEC. 3. APPOINTMENTS AND RELATED MATTERS.
(a) In General.--Chapter 14 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 3901 et seq.), as added by section 2 of this Act, is
amended by adding at the end the following:
``Subchapter II--APPOINTMENTS AND RELATED MATTERS
``SEC. 1411. AUTHORIZED STRENGTH.
``(a) Authorized Strength.--The authorized strength of the
Diplomatic Reserve Corps as of September 30 of each fiscal year as
follows is the number specified for such fiscal year:
``(1) For fiscal year 2026, 250.
``(2) For fiscal year 2027, 500.
``(3) For fiscal year 2028, 750.
``(4) For any fiscal year after fiscal year 2028, 1,000.
``(b) Strength When Not Otherwise Prescribed by Law.--Whenever the
authorized strength of the Diplomatic Reserve Corps is not prescribed
by law, it shall be prescribed by the President.
``(c) Strength of Senior Diplomatic Reserve.--Except as otherwise
prescribed by law, the authorized strength of the Senior Diplomatic
Reserve as of September 30 of each fiscal year may not exceed a number
equal to 10 percent of the authorized strength of the Diplomatic
Reserve Corps as of such date.
``SEC. 1412. ELIGIBILITY FOR APPOINTMENT.
``(a) In General.--An individual is eligible for appointment to the
Diplomatic Reserve Corps if the individual--
``(1) is a citizen of the United States;
``(2) is at least 21 years of age; and
``(3) meets such physical, mental, and professional
qualifications as the Secretary of State shall prescribe.
``(b) Higher Age Limit for Appointments for Certain Service.--
Notwithstanding subsection (a)(2), if the Secretary determines that the
demands of particular service in the Diplomatic Reserve Corps can be
met only by individuals of an age higher than that specified in that
subsection, the Secretary may prescribe a higher age than that
specified in that subsection as a qualification for appointment in the
Corps for such service.
``(c) Physical Capacity for Service.--
``(1) In general.--Notwithstanding subsection (a)(3), if
the Secretary determines that an individual who does not
otherwise meet the physical qualifications prescribed pursuant
to that subsection is capable of the physical discharge of the
service in the Diplomatic Reserve Corps for which the
individual would be appointed, the individual may be appointed
to the Corps for such service.
``(2) Case-by-case determination.--Any determinations under
paragraph (1) shall be made on case-by-case basis. The
authority to make such determinations may not be delegated.
``(d) Examinations for Appointment.--The Secretary shall prescribe,
as appropriate, written, oral, physical, foreign language, and other
examinations for appointment to the Diplomatic Reserve Corps.
``(e) Appointment of Veterans.--
``(1) In general.--The fact that an applicant for
appointment to the Diplomatic Reserve Corps is a veteran or
disabled veteran shall be considered an affirmative factor in
making appointments to the Corps.
``(2) Veteran or disabled veteran defined.--In this
subsection, the term `veteran or disabled veteran' has the
meaning given that term in section 301(c).
``(f) Prohibition on Simultaneous Service as Member of the
Uniformed Services.--
``(1) Prohibition.--An individual may not serve
simultaneously as a member of the Diplomatic Reserve Corps and
a member of a uniformed service (whether as a regular or a
reserve).
``(2) Uniformed service defined.--In this subsection, the
term `uniformed service' means any of the uniformed services
specified in section 2101(3) of title 5, United States Code.
``SEC. 1413. APPOINTMENTS GENERALLY.
``(a) Senior Diplomatic Reserve.--The President may, by and with
the advice and consent of the Senate, appoint an individual as a member
of the Diplomatic Reserve Corps in the Senior Diplomatic Reserve.
``(b) Senior Diplomatic Retiree Reserve.--
``(1) Appointment by president.--The President may, by and
with the advice and consent of the Senate, appoint a retired
career member of the Department of State (including a retired
career member of the Foreign Service and a retired civilian
officer or employee of the Department) as a member of the
Diplomatic Reserve Corps in the Senior Diplomatic Retiree
Reserve.
``(2) Appointment by secretary.--The Secretary of State may
appoint a retired career member of the Senior Foreign Service
as a member of the Diplomatic Reserve Corps in the Senior
Diplomatic Retiree Reserve if there is no break in service
between the individual's retirement from the Department and
commencement of membership in the Senior Diplomatic Retiree
Reserve.
``(c) Diplomatic Reserve.--
``(1) In general.--The Secretary may appoint members of the
Diplomatic Reserve Corps in the Diplomatic Reserve in
accordance with this chapter and such regulations as the
Secretary may prescribe.
``(2) Regulations.--Any regulations under paragraph (1)
shall conform, to the extent practicable, to the regulations
prescribed pursuant to section 303.
``(d) Diplomatic Retiree Reserve.--
``(1) In general.--The Secretary may appoint retired career
employees of the Department (including retired career members
of the Foreign Service and retired civilian officers or
employees of the Department) as members of the Diplomatic
Reserve Corps in the Diplomatic Retiree Reserve in accordance
with this chapter and such regulations as the Secretary may
prescribe.
``(2) Regulations.--Any regulations under paragraph (1)
shall conform, to the extent practicable, to the regulations
prescribed pursuant to subsection (c)(2).
``(e) Term of Appointment.--
``(1) Term of appointment in senior diplomatic reserve.--
The term of any appointment in the Senior Diplomatic Reserve
under subsection (a) shall be such period as the President
determines at the time of such appointment to be appropriate
for the needs of the Diplomatic Reserve Corps.
``(2) Term of appointment in senior diplomatic retiree
reserve.--The term of appointment under subsection (b) in the
Senior Diplomatic Retiree Reserve shall be as follows:
``(A) In the case of an individual appointed under
subsection (b)(1), such period as the President
determines at the time of such appointment to be
appropriate for the needs of the Diplomatic Reserve
Corps.
``(B) In the case of an individual appointed under
subsection (b)(2), such period as the Secretary
determines at the time of such appointment to be
appropriate for the needs of the Diplomatic Reserve
Corps.
``(3) Term of appointment in diplomatic reserve or
diplomatic retiree reserve.--The term of any appointment under
subsection (c) in the Diplomatic Reserve, or under subsection
(d) in the Diplomatic Retiree Reserve, shall be such period,
not to exceed three years, as the Secretary determines as the
time of such appointment to be appropriate for the needs of the
Diplomatic Reserve Corps.
``(4) Renewal of appointments.--The appointment of any
member of the Diplomatic Reserve Corps may, upon the successful
completion of a term of appointment in the Corps, be renewed
for a term of length provided for in paragraph (1), (2), or
(3), as applicable, in accordance with such regulations as the
Secretary may prescribe.
``(f) Probationary First Term of Appointment.--The first term of
appointment of any member to the Diplomatic Reserve Corps is a
probationary period, and such appointment of such member to the Corps
may be terminated by the President or the Secretary at any time during
such period.
``SEC. 1414. APPOINTMENTS TO SALARY CLASSES.
``(a) Senior Diplomatic Reserve.--Appointment to the Senior
Diplomatic Reserve under section 1413(a) shall be to a salary class
established under section 1421 that is consistent with the
qualifications and experience of the individual appointed.
``(b) Senior Diplomatic Retiree Reserve.--Appointment to the Senior
Diplomatic Retiree Reserve shall be to a salary class as follows:
``(1) In the case of appointment under section 1413(b)(1),
to a salary class established under section 1421 that is
consistent with the qualifications and experience of the
individual appointed.
``(2) In the case of appointment under section 1413(b)(2),
to a salary class established under section 1421 that is no
higher than such held by the individual at the time of
retirement from the Department.
``(c) Diplomatic Reserve.--Appointment to the Diplomatic Reserve
under section 1413(c) shall be to a salary class and step established
under section 1422 that is consistent with the qualifications and
experience of the individual appointed.
``(d) Diplomatic Retiree Reserve.--Appointment to the Diplomatic
Retiree Reserve under section 1413(d) shall be to a salary class and
step established under section 1422 that is no higher than such held by
the member at the time of retirement from the Department.
``SEC. 1415. SKILL IDENTIFIERS FOR DIPLOMATIC RESERVE CORPS MEMBERS.
``(a) Schedule of Identifiers.--
``(1) Schedule required.--The Secretary of State shall
prescribe a schedule for identifying the member skills of each
member of the Diplomatic Reserve Corps.
``(2) Purpose.--The purpose of the schedule required by
paragraph (1) shall be to facilitate the ready identification
of members of the Diplomatic Reserve Corps with particular
skills during mobilizations of members of the Corps under this
chapter to assist the Secretary, the Department of State, and
the Foreign Service in the discharge of their responsibilities
and functions.
``(3) Nature of skills identifiers.--In order to best
achieve the purpose described in paragraph (2), the identifiers
of member skills prescribed pursuant to paragraph (1) shall
conform, to the extent practicable, to the skill designators
(commonly referred to as `skill codes') assigned to members of
the Foreign Service.
``(b) Assignment of Identifiers.--
``(1) Assignment upon appointment.--Upon the appointment of
an individual as a member of the Diplomatic Reserve Corps, the
Secretary shall assign the member a primary skill identifier,
and any appropriate secondary and tertiary skill identifiers,
in accordance with the schedule required by subsection (a).
``(2) Superseding assignment.--Upon any material change in
the skills of a member for purposes of the schedule, the
Secretary shall assign the member one or more new identifiers
under the schedule appropriate to reflect such material
change.''.
(b) Eligibility for Diplomatic and Consular Commissions.--Section
312 of the Foreign Service Act of 1980 (22 U.S.C. 3952) is amended--
(1) in subsection (a)--
(A) by inserting ``or the Diplomatic Reserve
Corps'' after ``the Service'' the first place it
appears; and
(B) by inserting ``or the Corps'' after ``the
Service'' the second and third places it appears; and
(2) in subsection (b), by inserting ``or the Diplomatic
Reserve Corps'' after ``the Service''.
SEC. 4. COMPENSATION AND OTHER BENEFITS.
(a) In General.--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:
``Subchapter III--COMPENSATION AND OTHER BENEFITS
``SEC. 1421. SALARIES OF SENIOR DIPLOMATIC RESERVE AND SENIOR
DIPLOMATIC RETIREE RESERVE.
``(a) Salary Classes.--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.
``(b) Basic Salary Ranges and Rates.--
``(1) Salary ranges.--The President shall prescribe the
ranges of basic salary for each salary class of the Senior
Diplomatic Reserve and Senior Diplomatic Retiree Reserve.
``(2) Basic salary rates.--
``(A) Maximum and minimum rates and related
matters.--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.
``(B) Rate payable to particular members.--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).
``(c) Conformity to Senior Foreign Service.--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.
``SEC. 1422. DIPLOMATIC RESERVE SCHEDULE FOR DIPLOMATIC RESERVE AND
DIPLOMATIC RETIREE RESERVE.
``(a) In General.--The President shall establish a Diplomatic
Reserve Schedule which shall apply to members of the Diplomatic Reserve
and the Diplomatic Retiree Reserve.
``(b) Classes and Steps.--The Diplomatic Reserve Schedule shall
have 9 salary classes. Each salary class of the Schedule shall have 14
steps.
``(c) Basic Salary Ranges and Rates.--
``(1) Salary ranges in classes.--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.
``(2) Basic salary rates of steps.--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.
``(3) Adjustments.--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.
``SEC. 1423. CHANGES IN SALARY CLASSES.
``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.
``SEC. 1424. COMPUTATION OF BASIC PAY.
``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).
``SEC. 1425. PERFORMANCE PAY FOR MEMBERS OF THE SENIOR DIPLOMATIC
RESERVE AND SENIOR DIPLOMATIC RETIREE RESERVE.
``(a) Eligibility.--
``(1) In general.--Members of the Senior Diplomatic Reserve
and the Senior Diplomatic Retiree Reserve are eligible to
compete for performance pay in accordance with this section.
``(2) Construction of eligibility.--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.
``(b) Payment.--
``(1) Lump sum payment.--Performance pay under this section
shall be paid in a lump sum.
``(2) Construction with basic salary and other awards.--
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.
``(c) Award and Payment.--
``(1) In general.--Awards of performance pay under this
section shall be subject to the provisions of the first
sentence of section 405(b).
``(2) Limitations.--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:
``(A) 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.
``(B) 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).
``(C) 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.
``(D) 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.
``(E) 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.
``(F) 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.
``(G) 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).
``(d) Amount and Distribution of Awards.--
``(1) Amount.--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.
``(2) Distribution.--The Secretary shall distribute
performance pay to particular members under this section on the
basis of recommendations by selection boards used under section
1442.
``(e) Grant of Certain Awards.--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).
``(g) Other Recognition of Meritorious or Distinguished Service.--
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.
``SEC. 1426. WITHIN-CLASS SALARY INCREASES FOR MEMBERS OF THE
DIPLOMATIC RESERVE AND DIPLOMATIC RETIREE RESERVE.
``(a) In General.--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.
``(b) Earlier Advancement for Meritorious Service.--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.
``(c) No Advancement for Substandard Service.--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.
``SEC. 1427. SPECIAL DIFFERENTIALS FOR MEMBERS OF THE DIPLOMATIC
RESERVE AND DIPLOMATIC RETIREE RESERVE.
``(a) Special Differentials.--
``(1) In general.--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.
``(2) Amounts.--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.
``(b) Compensatory Time Off.--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.
``SEC. 1428. DIPLOMATIC RESERVE SERVICE AWARDS.
``(a) System of Awards Required.--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.
``(b) Medals and Other Commendations.--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.
``(c) Promotion of Recognized Human Rights as Basis for Awards.--
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.
``SEC. 1429. TREATMENT OF DIPLOMATIC RESERVE CORPS MEMBERS RECEIVING
ANNUITIES UNDER OTHER FEDERAL GOVERNMENT PERSONNEL
SYSTEMS.
``(a) No Termination or Reduction of Retirement Annuity or Pay.--
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--
``(1) 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
``(2) reduce the amount of the retirement annuity, retired
pay, or retainer pay otherwise payable to such former
participant under such personnel system.
``(b) Covered Annuitant.--For purposes of this section, a covered
annuitant is any individual as follows:
``(1) 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).
``(2) An individual receiving retired or retainer pay under
chapter 71 or 1223 of title 10, United States Code.
``(3) 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).
``(4) An annuitant receiving a retirement annuity, retired
pay, or retainer pay under any other Federal Government
personnel system.
``(c) Active Service Not Creditable Toward Retirement Annuity or
Pay.--
``(1) Service not creditable toward retirement annuity or
pay under other personnel systems.--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.
``(2) Service not creditable toward retirement annuity
under fsps for drc membership.--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.
``SEC. 1430. HEALTH CARE.
``(a) Participation in FEHBP.--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.
``(b) Participation in Foreign Service Health Program.--
``(1) In general.--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.
``(2) Limitation on eligibility of family members.--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.
``(3) Administration.--
``(A) Review.--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.
``(B) Reimbursements.--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).
``SEC. 1431. DEATH GRATUITY.
``(a) Payment Authorized.--
``(1) In general.--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.
``(2) Limitation on eligible survivors.--A survivor is
eligible for payment of a gratuity under this section only if
the survivor is described by section 414(d).
``(b) Guidance.--The payment of a death gratuity under this section
shall be made in accordance with the guidance issued under section
413(c).
``(c) Construction of Payment.--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.
``SEC. 1432. GROUP LIFE INSURANCE SUPPLEMENT APPLICABLE TO DIPLOMATIC
RESERVE CORPS MEMBERS KILLED IN TERRORIST ATTACKS.
``(a) Eligibility.--
``(1) In general.--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.
``(2) Act of terrorism defined.--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)).
``(b) Designation of Beneficiary.--A payment made under this
section shall be made in accordance with the guidance issued under
section 413(c).
``(c) Construction of Payment.--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.
``SEC. 1433. SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE.
``(a) Educational Assistance.--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.
``(b) Amount of Assistance.--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).
``(c) Definitions.--In this section:
``(1) The term `act of terrorism' has the meaning given
that term in section 1432(a)(2).
``(2) The terms `program of education' and `educational
institution' have the meanings given such terms in section 3501
of title 38, United States Code.
``SEC. 1434. TRAVEL AND RELATED EXPENSES.
``(a) In General.--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.
``(b) Costs and Expenses.--
``(1) In general.--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.
``(2) Conformity to expenses for members of foreign
service.--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.
``(c) Loan of Household Effects.--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.
``SEC. 1435. REPRESENTATION EXPENSES.
``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.''.
(b) Ineligibility of Diplomatic Reserve Corps Members for Overtime
Pay.--Section 5541(2) of title 5, United States Code, is amended in the
flush matter following subparagraph (C)--
(1) by redesignating clauses (xvi) and (xvii) as clauses
(xvii) and (xviii), respectively; and
(2) by inserting after clause (xv) the following new clause
(xvi):
``(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);''.
SEC. 5. PROMOTION.
Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.), as amended by section 4(a) of this Act, is further
amended by adding at the end the following:
``Subchapter IV--PROMOTION
``SEC. 1441. PROMOTION.
``(a) In General.--
``(1) Members of senior diplomatic reserve.--Members of the
Senior Diplomatic Reserve are promoted by appointment under
section 1413(a) in the Senior Diplomatic Reserve to the higher
salary class in the Senior Diplomatic Reserve and Senior
Diplomatic Retiree Reserve.
``(2) Members of senior diplomatic retiree reserve.--
Members of the Senior Diplomatic Retiree Reserve are promoted
by appointment under section 1413(b)(1) in the Senior
Diplomatic Retiree Reserve to the higher salary class in the
Senior Diplomatic and Senior Diplomatic Retiree Reserve.
``(3) Members of diplomatic reserve and diplomatic retiree
reserve.--Members of the Diplomatic Reserve and members of the
Diplomatic Retiree Reserve are promoted--
``(1) in the case of members of the Diplomatic Reserve,
into the Senior Diplomatic Reserve, by appointment under
section 1413(a), subject to the provisions of subsection (c);
``(2) in the case of members of the Diplomatic Retiree
Reserve, into the Senior Diplomatic Retiree Reserve by
appointment under section 1413(b)(1), subject to the provisions
of subsection (c); or
``(3) in the case of other members, by appointment to a
higher salary class in the Diplomatic Reserve Schedule under
section 1413(c) or 1413(d), as applicable to the member
concerned.
``(b) Basis for Promotions.--
``(1) Recommendations and rankings of selection boards.--
Promotions of members of the Diplomatic Reserve Corps shall be
based upon the rankings and recommendations of selection boards
provided for in section 1442.
``(2) Satisfactory performance.--Notwithstanding paragraph
(1), the Secretary of State may by regulation specify
categories of members of the Corps and other members of the
Corps who may receive promotions on the basis of satisfactory
performance.
``(c) Promotion of Members of Diplomatic Reserve Into Senior
Diplomatic Reserve and Members of Diplomatic Retiree Reserve Into
Senior Diplomatic Retiree Reserve.--
``(1) In general.--Promotions of members of the Diplomatic
Reserve into the Senior Diplomatic Reserve, and of members of
the Diplomatic Retiree Reserve into the Senior Diplomatic
Retiree Reserve, shall be made in accordance with the
provisions of section 601(c), except that the requirements of
paragraph (6) of that section shall not apply.
``(2) Administration.--In the administration of section
601(c) for purposes of this subsection--
``(A) any reference to the Foreign Service shall be
deemed to be a reference to the Diplomatic Reserve
Corps;
``(B) any reference to the Senior Foreign Service
shall be deemed to be a reference to the Senior
Diplomatic Reserve or the Senior Diplomatic Retiree
Reserve, as applicable; and
``(C) any reference to a career member of the
Foreign Service assigned to class 1 in the Foreign
Service Schedule shall be deemed to be a reference to a
member of the Diplomatic Reserve or a member of the
Diplomatic Retiree Reserve, as applicable, assigned to
class 1 in the Diplomatic Reserve Schedule.
``SEC. 1442. SELECTION BOARDS.
``(a) In General.--The Secretary of State shall use selection
boards for purposes with respect to members of the Diplomatic Reserve
Corps set forth in subsection (c).
``(b) Establishment of Boards or Use of Existing Boards.--
``(1) In general.--Selection boards used by the Secretary
under this section may, at the election of the Secretary, be--
``(A) boards established by the Secretary pursuant
to this section; or
``(B) boards established by the Secretary pursuant
to section 602 for the purposes set forth in subsection
(a) of that section with respect to members of the
Foreign Service.
``(2) Requirements for establishment of boards.--In
establishing selection boards using the authority in paragraph
(1)(A), the Secretary shall comply with the requirements and
limitations set forth in subsections (b) and (c) of section
602.
``(c) Purposes.--
``(1) In general.--The purposes of selection boards under
this section shall be to evaluate the performance of members of
the Diplomatic Reserve Corps, to rank the members of each
salary class of the Corps on relative performance, and to make
recommendations in connection with each of the following:
``(A) Promotions in accordance with section 1441.
``(B) Awards of performance pay under section 1425.
``(C) Denials of within-class step increases under
section 1426(c).
``(D) Grants of limited extensions of appointment
to members whose maximum time in class expires under
section 1447(a)(3).
``(E) Such other actions as the Secretary may
prescribe by regulation, which actions shall, to the
extent practicable, be consistent with the actions, if
any, prescribed by the Secretary under section 602(a).
``(2) Precepts.--Selection boards shall act pursuant to
this subsection with respect to members of the Corps in
accordance with precepts prescribed by the Secretary. Such
precepts shall, to the extent practicable, conform to precepts
for selection boards acting with respect to members of the
Foreign Service prescribed by the Secretary pursuant to chapter
6.
``SEC. 1443. BASIS FOR SELECTION BOARD REVIEW AND RECORDS.
``(a) In General.--The basis for selection board review for
purposes set forth in section 1442(c), and the precepts used by
selection boards in such review, with respect to members of the
Diplomatic Reserve Corps shall be governed by the provisions of section
603.
``(b) Accounting for Gratuitous Service.--In undertaking a review
for purposes set forth in section 1442(c), a selection board may afford
such credit for gratuitous service (including the nature and length of
such service) by a member of the Diplomatic Reserve Corps under section
1454 during the review period as the Secretary of State shall prescribe
in regulations.
``(c) Administration.--In the administration of subsection (a) with
respect to members of the Diplomatic Reserve Corps--
``(1) any reference in section 603 to the Foreign Service
shall be deemed to be a reference to the Diplomatic Reserve
Corps; and
``(2) any reference in such section to the Senior Foreign
Service shall be deemed a reference to the Senior Diplomatic
Reserve or the Senior Diplomatic Retiree Reserve, as
applicable.
``(d) Records.--
``(1) In general.--The provisions of section 604(a) apply
to records in connection with selection board reviews with
respect to members of the Diplomatic Reserve Corps under this
section in the same manner, and subject to the same conditions
and limitations, as such provisions apply to records in
connection with selection board reviews of members of the
Foreign Service under chapter 6.
``(2) Records of disciplinary actions.--In accordance with
section 604(b), any record of disciplinary action that includes
a suspension of more than five days taken against a member of
the Corps shall remain a part of the personnel records of the
member until the member is next promoted.
``SEC. 1444. IMPLEMENTATION OF SELECTION BOARD RECOMMENDATIONS ON
PROMOTION.
``(a) Submittal to Secretary of State.--Recommendations for
promotion made by selection boards under this chapter shall be
submitted to the Secretary of State in rank order by specialization
within a salary class.
``(b) Use of Rankings.--Except as provided in subsection (c), the
Secretary shall make appointments and, with respect to appointments
into or within the Senior Diplomatic Reserve or the Senior Diplomatic
Retiree Reserve, shall make recommendations to the President for
promotions, in accordance with the ranking of selection boards
submitted pursuant to subsection (a).
``(c) Exceptions Authorized.--
``(1) In general.--In special circumstances set forth in
regulations, the Secretary may remove the name of an individual
from a rank order list submitted by a selection board under
subsection (a) or delay the promotion of an individual named in
such a list.
``(2) Conformity to regulations applicable to foreign
service.--The regulations referred to in paragraph (1) shall,
to the extent practicable, conform to the regulations
applicable to the Foreign Service under section 605(b).
``SEC. 1445. OTHER BASES FOR INCREASING PAY.
``The Secretary of State may pursuant to the recommendation of an
equal employment opportunity appeals examiner or the Special Counsel of
the Merit Systems Protection Board, and shall pursuant to a decision or
order of the Merit Systems Protection Board--
``(1) recommend to the President a promotion of a member of
the Diplomatic Reserve Corps under subsection (a) or (b)(1) of
section 1413;
``(2) promote a member of the Corps under subsection
(b)(2), (c), or (d) of section 1413;
``(3) grant performance pay to a member of the Senior
Diplomatic Reserve or the Senior Diplomatic Retiree Reserve
under section 1425; or
``(4) grant a within-class salary increase under section
1426 to a member of the Corps who is assigned to a salary class
in the Diplomatic Reserve Schedule.
``SEC. 1446. AUTHORITY TO MAKE CERTAIN ACTIONS RETROACTIVE.
``(a) Authority.--In cases in which the Secretary of State has
exercised the authority in section 1444(c), and in implementing section
1445, the Secretary may, in special circumstances set forth in
regulations, recommend retroactive promotions by the President, make
retroactive promotions, grant performance pay, and make retroactive
within-class salary step increases.
``(b) Conformity to Regulations Applicable to Foreign Service.--The
regulations referred to in subsection (a) shall, to the extent
practicable, conform to the regulations applicable to the Foreign
Service under section 606(b).''.
SEC. 6. SERVICE OBLIGATIONS, SERVICE FOR TRAINING, AND OTHER SERVICE
AUTHORITIES.
(a) In General.--Chapter 14 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 3901 et seq.), as amended by section 5 of this Act,
is further amended by adding at the end the following:
``Subchapter V--SERVICE OBLIGATIONS, SERVICE FOR TRAINING, AND OTHER
SERVICE
``SEC. 1451. GENERAL ANNUAL SERVICE OBLIGATIONS.
``(a) In General.--Except as specifically provided in regulations
prescribed by the Secretary of State and subject to subsections (b),
(c), and (d), each member of the Diplomatic Reserve Corps shall be
required each year to--
``(1) perform active service for training under this
subchapter consisting of--
``(A) not fewer than 24 days of scheduled training,
with such training performed--
``(i) during 12 appropriate 2-day periods,
one such period each calendar month; and
``(ii) if required by the Secretary, at
such other times, and for such durations, as
the Secretary considers appropriate; and
``(B) not fewer than 14 days of scheduled training
and orientation, with such training and orientation
performed--
``(i) during a single, continuous 14-day
period; and
``(ii) if required by the Secretary, at
such other times, and for such durations, as
the Secretary considers appropriate; and
``(2) perform active service under subchapter VI for not
more than 30 days at such times, and for such durations, as the
Secretary considers appropriate.
``(b) Exception for Members Performing Long-Duration Active
Service.--A member of the Diplomatic Reserve Corps who performs a
continuous period of active service (not including any active service
for training under subsection (a)(1) of more than 365 days) may not be
required to perform active service or active service for training under
subsection (a) during the 365-day period beginning on the day after the
last day of such period of active service.
``(c) Inapplicability of Training Requirement to Senior Diplomatic
Retiree Reserve and Diplomatic Retiree Reserve.--
``(1) In general.--Except as provided in paragraph (2), a
member of the Senior Diplomatic Retiree Reserve or the
Diplomatic Retiree Reserve may not be required to perform
active service for training under subsection (a)(1).
``(2) Certain training requirable.--The Secretary may
require a member referred to in paragraph (1) to perform active
service for training under subsection (a)(1) if the Secretary
considers the training to be provided during such service to be
necessary to sustain, enhance or improve, or supplement the
member's skills or experience for optimal performance in the
Diplomatic Reserve Corps.
``(d) Exclusion of Travel Time in Satisfaction of Period of
Training.--In determining the satisfaction by a member of the
Diplomatic Reserve Corps of a required duration of training under
subsection (a)(1), any period of travel of the member to and from such
training shall not be taken into account.
``SEC. 1452. INACTIVE STATUS.
``(a) Inactive Status.--When an authority designated by the
Secretary of State considers it in the best interest of the Department
of State, a member of the Diplomatic Reserve Corps who cannot perform
active service under subchapter VI or active service for training under
this subchapter, may, if otherwise qualified, be transferred to
inactive status in the Corps.
``(b) Regulations.--
``(1) In general.--This section shall be administered under
regulations prescribed by the Secretary.
``(2) Conditions for return to active status.--The
regulations under paragraph (1) shall specify the conditions,
if any, under which a member of the Diplomatic Reserve Corps in
inactive status is entitled to be returned to active status in
the Corps.
``(c) Nature of Inactive Status.--While in inactive status under
this section, a member of the Diplomatic Reserve Corps is not eligible
for compensation and other benefits under subchapter III or promotion
under subchapter IV and does not accrue credit toward retirement under
section 1483(b) for purposes of subchapter VIII.
``(d) Treatment for Authorized Strength Purposes.--While in
inactive status under this section, a member of the Diplomatic Reserve
Corps does not count against any authorized strength of the Corps,
including any limitation on the strength of the Senior Diplomatic
Reserve.
``SEC. 1453. TRAINING AND ORIENTATION.
``(a) Specification of Training and Orientation.--The Director of
the National Foreign Affairs Training Center shall, under the direction
and subject to the approval of the Secretary of State, develop the
nature and scope of the following in connection with active service for
training to be provided members of the Diplomatic Reserve Corps under
this subchapter:
``(1) The training to be provided to members for purposes
of section 1451(a)(1)(A).
``(2) The training and orientation to be provided to
members for purposes of section 1451(a)(1)(B).
``(b) Specific Elements.--The training and the training and
orientation developed pursuant to subsection (a) for members of the
Diplomatic Reserve Corps shall include the following:
``(1) Training for foreign language proficiency.
``(2) Training for career development, consistent with the
program required by section 703.
``(3) Training on human rights, religious freedom, and
human trafficking, refugees, child soldiers, and economic and
commercial diplomacy, consistent with the requirements of
section 708.
``(4) Training on multilateral diplomacy, consistent with
the requirements of section 7111(c) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (22 U.S.C. 4029).
``(5) Training and training and orientation on such other
matters as the Secretary considers appropriate.
``(c) Conformity With Training and Orientation Provided the Foreign
Service.--The training and the training and orientation developed
pursuant to this section for members of the Diplomatic Reserve Corps
shall conform, to the extent practicable, to the training, orientation,
and career development provided to members of the Foreign Service
pursuant to chapter 7.
``(d) Provision of Training and Orientation.--In providing training
and training and orientation to members of the Diplomatic Reserve Corps
pursuant to this section, the Secretary may use any of the authorities
specified in section 704 to the same extent, and subject to the same
conditions and limitations, as the Secretary uses such authorities in
the exercise of functions under chapter 7.
``SEC. 1454. GRATUITOUS SERVICE.
``Notwithstanding section 1342 of title 31, United States Code, the
Secretary of State may accept the gratuitous service of a member of the
Diplomatic Reserve Corps with respect to the following:
``(1) Furtherance of organizing, administering, recruiting,
instructing, or training the Corps.
``(2) Consultation in matters relating to the Department of
State.''.
(b) Role of National Foreign Affairs Training Center in Training
and Orientation of Diplomatic Reserve Corps.--Section 701(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4021(a)) is amended--
(1) by inserting ``and the Diplomatic Reserve Corps'' after
``the Service'' the first place it appears; and
(2) by inserting ``and members of the Corps'' after ``the
Service'' the second place it appears.
SEC. 7. ACTIVE SERVICE.
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:
``Subchapter VI--ACTIVE SERVICE
``SEC. 1461. GENERAL AUTHORITY FOR CALL TO ACTIVE SERVICE.
``(a) National Emergency Declared by Congress.--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.
``(b) National Emergency Declared by President.--
``(1) In general.--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.
``(2) Fair treatment in recall.--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--
``(A) 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;
``(B) family responsibilities; and
``(C) employment necessary to maintain the national
health, safety, or interest.
``(3) Limitation on aggregate number on active service.--
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.
``(4) Notification.--The Secretary shall notify Congress
prior to calling members of the Diplomatic Reserve Corps to
active duty pursuant to this subsection.
``(5) Joint resolution of disapproval.--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.
``(c) Limited Duration Service.--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.
``(d) Failure To Perform Obligated Service.--
``(1) In general.--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.
``(2) Single call per year.--A member of the Corps may be
called to active service under this subsection only once each
calendar year.
``(e) Active Service With Member Consent.--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.
``SEC. 1462. ACTIVE SERVICE TO AUGMENT UNITED STATES DIPLOMATIC
ACTIVITIES.
``(a) In General.--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.
``(b) Scope of Authority.--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:
``(1) Attack on a diplomatic or consular facility of the
United States.
``(2) 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.
``(3) Natural or man-made disaster abroad.
``(4) Attack or threat of attack on any nation with which
the United States has friendly relations.
``(c) Limitation on Aggregate Number on Active Service.--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.
``(d) Considerations for Individuals Callable to Active Service.--
``(1) In general.--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--
``(A) 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;
``(B) the frequency of calls to active service for
assignment abroad during career service in the Corps;
``(C) family responsibilities; and
``(D) employment necessary to maintain the national
health, safety, or interest.
``(2) Administration.--The Secretary shall prescribe such
policies and procedures as the Secretary considers necessary to
carry out this subsection.
``(e) Notification of Congress.--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.
``(f) Termination of 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--
``(1) order of the President;
``(2) order of the Secretary; or
``(3) law.
``SEC. 1463. ACTIVE SERVICE FOR PREPLANNED MISSIONS IN SUPPORT OF
DEPARTMENT OF STATE BUREAUS AND EMBASSIES.
``(a) In General.--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.
``(b) Limitation.--Members of the Diplomatic Reserve Corps may be
called to active service under this section only if--
``(1) 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
``(2) 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.
``(c) Limitation on Aggregate Number on Active Service.--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.
``(d) Consideration for Individuals Callable to Active Service.--
``(1) In general.--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--
``(A) 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;
``(B) the frequency of calls to active service for
assignment abroad during career service in the Corps;
``(C) family responsibilities; and
``(D) employment necessary to maintain the national
health, safety, or interest.
``(2) Administration.--The Secretary shall prescribe such
policies and procedures as the Secretary considers necessary to
carry out this subsection.
``(e) Notification of Congress.--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.
``(f) Termination of 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--
``(1) order of the Secretary; or
``(2) law.
``SEC. 1464. ACTIVE SERVICE FOR ORGANIZING, ADMINISTERING, ETC., THE
DIPLOMATIC RESERVE CORPS.
``(a) In General.--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.
``(b) Duties.--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):
``(1) Supporting operations or missions assigned in whole
or in part to Corps members.
``(2) Supporting operations or missions performed or to be
performed by--
``(A) a task force composed of elements from more
than one bureau of the Department of State; or
``(B) a task force that includes--
``(i) one or more other Departments or
Agencies; or
``(ii) one or more other nations or
international organizations.
``(3) 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.
``(4) 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.
``SEC. 1465. ACTIVE SERVICE FOR HEALTH CARE.
``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.
``SEC. 1466. ACTIVE SERVICE WITH OR WITHOUT PAY.
``(a) In General.--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--
``(1) with the pay and allowances provided by this chapter
for members of the Corps; or
``(2) with the member's consent, without pay.
``(b) Treatment Service or Duty 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.
``(c) Compensation for Retention on Active Service After Expiration
of Term of Service.--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.
``SEC. 1467. ACTIVE SERVICE AGREEMENTS.
``(a) Active Service Agreements.--
``(1) In general.--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.
``(2) Inapplicability during war or national emergency.--
This subsection does not apply in time of war or national
emergency.
``(3) Requirement for covered term of service.--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.
``(4) Uniformity of agreements.--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.
``(5) Effect of expiration during war or national
emergency.--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.
``(b) Release From Active Service Without Consent.--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:
``(1) 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.
``(2) For any other reason, without an opportunity to
appeal the decision to the Director General of the Foreign
Service, unless the member is--
``(A) dismissed or discharged following the loss of
the member's security clearance;
``(B) released because of an unexplained absence
without leave for at least three months;
``(C) released following a conviction and
sentencing to confinement in a Federal or State
penitentiary or correctional institution and the
sentence has become final; or
``(D) released because the member has been low-
ranked twice by a selection board provided for by
section 1442.
``(c) Compensation for Unauthorized Release Without Consent.--
``(1) In general.--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.
``(2) Excluded members.--This subsection does not apply to
a member of the Corps if the member is--
``(A) released for a reason specified in
subparagraph (A) through (D) of paragraph (1);
``(B) released because of a physical disability
resulting from the member's own intentional misconduct
or willful neglect;
``(C) eligible for retirement under another
provision of law; or
``(D) released to accept an appointment in the
Foreign Service or civil service in the Department of
State.
``(3) Calculation of months.--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.
``(4) Treatment of payment.--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.
``SEC. 1468. OTHER PERSONNEL MANAGEMENT MATTERS.
``(a) Use of Corps Personnel in Temporary Expansion of Department
of State Personnel.--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.
``(b) Class of Active Service.--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.
``(c) Types of Assignments.--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.
``SEC. 1469. RELEASE FROM ACTIVE SERVICE.
``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.
``SEC. 1470. SUSPENSION BY PRESIDENT OF CERTAIN LAWS AND REGULATIONS ON
PROMOTION, RETIREMENT, AND SEPARATION.
``(a) In General.--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.
``(b) Termination of Suspension.--A suspension made under the
authority in subsection (a) shall terminate upon the earlier of--
``(1) release from active service of the members of the
Diplomatic Reserve Corps covered by such suspension; or
``(2) such time as the President determines the
circumstances which required the suspension, or the call of
such members to active service no longer exist.
``(c) Extension of Required Retirement or Separation.--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.
``SEC. 1470A. LIMITATION ON ACTIVE SERVICE IN THE UNITED STATES.
``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.''.
SEC. 8. RETIREMENT, TERMINATION OF APPOINTMENT, DISABILITY, AND RELATED
MATERS.
Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.), as amended by section 7 of this Act, is further amended
by adding at the end the following:
``Subchapter VII--RETIREMENT, TERMINATION OF APPOINTMENT, AND
DISABILITY
``SEC. 1471. VOLUNTARY RETIREMENT.
``(a) In General.--A member of the Diplomatic Reserve Corps who is
at least 60 years of age and has at least 20 years of service in the
Corps creditable toward retirement under section 1483(b) may, on the
member's application and with the consent of the Secretary of State, be
retired from the Corps.
``(b) Immediate Annuity.--A member of the Diplomatic Reserve Corps
retired under subsection (a) shall be entitled to an immediate annuity
under subchapter VIII.
``SEC. 1472. MANDATORY RETIREMENT FOR AGE.
``(a) In General.--Except as provided in subsection (b), each
member of the Diplomatic Reserve Corps shall be retired from the Corps
at the end of the month in which the member reaches 65 years of age.
``(b) Exceptions.--
``(1) Members of sdr and sdrr.--A member of the Senior
Diplomatic Reserve or the Senior Diplomatic Retiree Reserve who
is otherwise required to retire under subsection (a) during the
term of an appointment to the Senior Diplomatic Reserve or the
Senior Diplomatic Retiree Reserve, as the case may be, may
continue to serve in that appointment until that appointment
terminates.
``(2) Retention of corps members in public interest.--When
the Secretary of State determines it to be in the public
interest, a member of the Diplomatic Reserve Corps who is
otherwise required to retire under subsection (a) may be
retained in the Corps for a period not to exceed one year from
the date on which the member would otherwise be retired under
that subsection. Any period of retention under this paragraph
may be renewed. Any period or periods of retention of a member
under this paragraph shall be considered the aggregate period
of retention of the member under this paragraph for purposes of
paragraph (3).
``(3) Retirement on expiration of exception.--A member who
completes a period of service authorized by paragraph (1), or
completes the aggregate period of retention in the Corps
authorized by paragraph (2), shall be retired from the Corps at
the end of the month in which such authorized service is
completed or such aggregate period is completed, as applicable.
``(c) Benefits.--
``(1) Immediate annuity for members with 5 years creditable
service.--A member of the Diplomatic Reserve Corps who has at
least 5 years of service in the Corps creditable toward
retirement under section 1483(b) at the time of retirement
under this section is entitled to an immediate annuity under
subchapter VIII.
``(2) Involuntary separation benefits for other members.--A
member of the Corps who is not described by paragraph (1) at
the time of retirement under this section 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.
``SEC. 1473. RETIREMENT OR TERMINATION OF APPOINTMENT FOR DISABILITY OR
INCAPACITY.
``(a) Covered Members.--This section applies to members of the
Diplomatic Reserve Corps who become totally disabled or incapacitated
for useful and efficient service in the Corps by reason of disease,
injury, or illness (not due to vicious habits, intemperance, or willful
conduct of the member concerned).
``(b) Retirement.--A member of the Diplomatic Reserve Corps covered
by subsection (a) who has at least 5 years of service in the Corps
creditable toward retirement under section 1483(b) upon becoming
totally disabled or incapacitated as described in that subsection
shall, upon the member's own application or upon order of the Secretary
of State, be retired from the Corps.
``(c) Termination of Appointment.--
``(1) Members with fewer than 5 years creditable service.--
A member of the Diplomatic Reserve Corps covered by subsection
(a) who is not retireable under subsection (b) shall have the
member's appointment in the Corps terminated.
``(2) Members with disability, etc., caused by member
misconduct.--A member of the Corps whose disability or
incapacity as described in subsection (a) is by reason of a
disability, illness, or injury due to vicious habits,
intemperance, or willful conduct of the member shall have the
member's appointment in the Corps terminated.
``(d) Benefits.--
``(1) Immediate annuity for members with 5 years creditable
service.--
``(A) In general.--A member of the Diplomatic
Reserve Corps who is retired under subsection (b) shall
be entitled to an immediate annuity under subchapter
VIII.
``(B) Computation of annuity for members with fewer
than 20 years creditable service.--In the case of a
member covered by subparagraph (A) who has fewer than
20 years of service in the Corps creditable toward
retirement under section 1483(b) at the time of
retirement, the annuity under that subparagraph shall
be computed on the assumption that the member had 20
years of such service at such time, except that the
additional service credit that may accrue to a member
may not exceed the difference between the member's age
at the time of retirement and 60 years of age.
``(2) Involuntary separation benefits for termination of
appointment for fewer than 5 years creditable service.--A
member of the Corps whose appointment in the Corps is
terminated under subsection (c)(1) 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.
``(3) No benefits for termination of appointment for
disability, etc., caused by member misconduct.--A member of the
Corps whose appointment in the Corps is terminated under
subsection (c)(2) is not entitled to benefits under subchapter
VIII in connection with the termination or the service so
terminated.
``SEC. 1474. RETIREMENT FOR EXPIRATION OF MAXIMUM TIME IN CLASS.
``(a) Maximum Time in Class Limitations.--
``(1) In general.--The Secretary of State shall, by
regulations, establish maximum time in class limitations for
members of the Diplomatic Reserve Corps.
``(2) Conformity to regulations applicable to foreign
service.--The regulations prescribed pursuant to paragraph (1)
shall, to the extent practicable, conform to the regulations on
maximum time in class limitations for members of the Foreign
Service under section 607(a).
``(b) Other Applicable Authorities.--Paragraphs (2) and (3) of
section 607(a) shall apply to maximum time in class limitations
established pursuant to subsection (a).
``(c) Limited Extension in Service After Expiration of Maximum Time
in Class.--
``(1) In general.--A member of the Diplomatic Reserve Corps
described in paragraph (2) may continue to serve under a
limited extension of the member's appointment after the
expiration of the member's maximum time in class limitation
under subsection (a).
``(2) Covered members.--A member of the Corps described in
this paragraph is a member whose maximum time in class under
subsection (a) expires--
``(A) after the member attains the highest salary
class for the member's occupational specialty; or
``(B) in the case of members of the Senior
Diplomatic Reserve or the Senior Diplomatic Retiree
Reserve, while they are in a salary class designated by
the Secretary for purposes of this subsection.
``(3) Grant of extension.--An extension may be granted by
the Secretary under this subsection only if the Secretary
determines that such extension serves the needs of the Corps.
In making such determination, the Secretary shall take into
account the recommendations of a selection board under section
1442.
``(4) Maximum term of extension.--The term of an extension
under this subsection may not exceed 3 years or the time
remaining in the term of the member's current appointment at
the time of expiration of maximum time in class, as elected by
the Secretary at the time of expiration.
``(5) Renewal.--Any term of extension under this subsection
may be renewed. Any such renewal shall be made in accordance
with the requirements for the granting of extensions under
paragraph (3).
``(d) Retirement.--
``(1) In general.--Each member of the Corps described in
paragraph (2) shall be retired from the Corps.
``(2) Covered members.--A member of the Corps described in
this paragraph is a member--
``(A) whose maximum time in class under subsection
(a) expires and who is not promoted to a higher class
or combination of classes, as the case may be; or
``(B) whose limited extension under subsection (c)
expires and is not renewed.
``(e) Additional Extension Authorities.--Notwithstanding any other
provision of this section, the provisions of section 607(d) shall apply
to members of the Corps whose maximum time in class under subsection
(a) expires.
``(f) Benefits.--
``(1) Immediate annuity for members over 59 with 20 years
creditable service.--A member of the Diplomatic Reserve Corps
who has reached 60 years of age and has at least 20 years of
service in the Corps creditable toward retirement under section
1483(b) at the time of retirement under this section shall be
entitled to an immediate annuity under subchapter VIII.
``(2) Deferred annuity for members under 60 with 20 years
creditable service.--A member of the Corps who is under 60
years of age and has at least 20 years of service in the Corps
creditable toward retirement under section 1483(b) at the time
of retirement under this section shall be entitled to a
deferred annuity under subchapter VIII upon reaching 60 years
of age.
``(3) Involuntary separation benefits for other members.--A
member of the Corps not described by paragraph (1) or (2) at
the time of retirement under this section 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.
``(g) Administration.--In the administration of subsections (b) and
(e)--
``(1) any reference to the Foreign Service shall be deemed
to be a reference to the Diplomatic Reserve Corps;
``(2) any reference to members of the Senior Foreign
Service shall be deemed to be a reference to the Senior
Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, as
applicable;
``(3) any reference to a member of the Foreign Service
shall be deemed to be a reference to a member of the Diplomatic
Reserve or the Diplomatic Retiree Reserve, as applicable; and
``(4) any reference to a career member of the Foreign
Service shall be deemed to be a reference to a member of the
Corps.
``SEC. 1475. RETIREMENT OR TERMINATION OF APPOINTMENT BASED ON RELATIVE
PERFORMANCE.
``(a) Administrative Review of Performance.--When the review of a
selection board under section 1442 indicates that the performance of a
member of the Diplomatic Reserve Corps may not meet standards and
qualifications of performance prescribed pursuant to section 1491 that
are applicable to the member, the Secretary of State shall provide for
administrative review of the performance of the member. The review
shall include an opportunity for the member to be heard.
``(b) Retirement or Termination of Appointment.--If an
administrative review conducted under subsection (a) substantiates that
a member of the Diplomatic Reserve Corps has failed to meet the
standards and qualifications of performance applicable to the member,
the member shall--
``(1) 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 such substantiation, be retired from the
Corps; or
``(2) in the case of any other member, have the member's
appointment in the Corps terminated.
``(c) Benefits.--
``(1) Immediate annuity for members over 59 with 20 years
creditable service.--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.
``(2) Deferred annuity for members under 60 with 20 years
creditable service.--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.
``(3) Involuntary separation benefits for other members.--A
member of the Corps whose appointment in the Corps 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.
``SEC. 1476. SEPARATION FOR CAUSE.
``(a) Separation for Cause.--The Secretary of State may decide to
separate any member of the Diplomatic Reserve Corps for such cause as
will promote the efficiency of the Corps.
``(b) Notice and Opportunity To Respond.--A member of the
Diplomatic Reserve Corps for whom separation is proposed under
subsection (a) shall be entitled to--
``(1) written notice stating the specific reasons for the
proposed separation;
``(2) a reasonable time to respond orally and in writing to
the proposed separation;
``(3) obtain at the member's own expense representation by
an attorney or other representative; and
``(4) a final written decision, including the specific
reasons for such decision, as soon as practicable.
``(c) Benefits.--
``(1) Involuntary separation benefits.--Except as provided
in paragraph (2), a member of the Diplomatic Service Corps who
is separated under subsection (a) 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.
``(2) No benefits for separation based on disloyalty.--A
member of the Corps whose separation under subsection (a) is
determined by the Secretary to be based, in whole or in part,
on the ground of disloyalty to the United States is not
entitled to benefits under subchapter VIII in connection with
the separation or the service from which separated.
``SEC. 1477. SUSPENSION.
``(a) Suspension.--In order to promote the efficiency of the
Diplomatic Reserve Corps, the Secretary of State may suspend a member
of the Corps when--
``(1) the member's security clearance is suspended; or
``(2) there is reasonable cause to believe that the member
has committed a crime for which a sentence of imprisonment may
be imposed.
``(b) Notice and Opportunity To Respond.--A member of the
Diplomatic Reserve Corps for whom a suspension is proposed under
subsection (a), shall be entitled to the matters specified in
paragraphs (1) through (4) of section 1476(b) in connection with notice
and an opportunity to respond to the proposed suspension.''.
SEC. 9. RETIREMENT AND DISABILITY RETIREMENT BENEFITS AND RELATED
MATTERS.
Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.), as amended by section 8 of this Act, is further amended
by adding at the end the following:
``Subchapter VIII--RETIREMENT AND DISABILITY RETIREMENT BENEFITS
``SEC. 1481. PARTICIPATION OF MEMBERS OF THE DIPLOMATIC RESERVE CORPS
IN THE FOREIGN SERVICE PENSION SYSTEM.
``(a) In General.--Except as provided in subsection (b) or as
otherwise specifically provided in this subchapter or any other
provision of law, the provisions of chapter 84 of title 5, United
States Code, shall apply to all members of the Diplomatic Reserve Corps
as if such members were participants in the Foreign Service Pension
System under subchapter II of chapter 8 of this title, and such members
shall be treated in all respects similar to persons whose participation
in the Federal Employees' Retirement System provided in such chapter 84
is required.
``(b) Exclusion of Members Entitled to Retirement Annuity or Pay
Under Other Federal Government Personnel Systems.--Subsection (a) shall
not apply to a member of the Diplomatic Reserve Corps if the member, at
the time of commencement of membership in the Corps, is entitled
(whether or not in receipt) to any of the following:
``(1) A retirement annuity under subchapter I or II of
chapter 8 of this title.
``(2) Retired pay or retainer pay under chapter 71 or 1223
of title 10, United States Code.
``(3) A retirement annuity under chapter 83 or 84 of title
5, United States Code.
``(4) Retired pay, retainer pay, or a retirement annuity
under any other Federal Government personnel system.
``(c) Designation of Participating Members.--A member of the
Diplomatic Reserve Corps participating in the Foreign Service Pension
System by reason of this section is designated in this subchapter as a
`participating member of the Diplomatic Reserve Corps' or
`participating member of the Corps'.
``(d) Administration.--In this administration of subchapter II of
chapter 8 of this title for purposes of this subchapter, any reference
to a participant shall be deemed to be a reference to a participating
member of the Diplomatic Reserve Corps.
``SEC. 1482. TREATMENT OF ACTIVE SERVICE AS EMPLOYMENT UNDER CERTAIN
RETIREMENT BENEFITS LAWS.
``(a) In General.--Service of a member of the Diplomatic Reserve
Corps specified in subsection (b) shall be treated as employment for
the purpose of title II of the Social Security Act and chapter 21 of
the Internal Revenue Code of 1986.
``(b) Covered Service.--Service of a member of the Diplomatic
Reserve Corps specified in this subsection is any service of a member
of the Corps (whether or not a participating member of the Corps) as
follows:
``(1) Active service for training specified in section
1451(a)(1) that is performed under subchapter V.
``(2) Active service that is performed under any provision
of subchapter VI.
``SEC. 1483. AGE AND SERVICE REQUIREMENTS FOR ANNUITIES.
``(a) Age and Service Requirements.--
``(1) In general.--Except as provided in paragraph (2), a
participating member of the Diplomatic Reserve Corps is
entitled to an annuity computed under section 1484 if the
person--
``(A) has attained 60 years of age; and
``(B) has performed at least 20 years of service in
the Corps creditable toward retirement (as computed
under subsection (b)).
``(2) Members retired for disability or incapacity.--A
participating member of the Corps who is retired under section
1473(b) is entitled to an annuity upon retirement, regardless
of whether the member satisfies the age requirement in
paragraph (1)(A) at the time of retirement.
``(b) Computation of Years of Service Creditable Toward
Retirement.--
``(1) In general.--Subject to paragraphs (2) and (3), the
years of service of a participating member in the Diplomatic
Reserve Corps that are creditable toward retirement for
purposes of this chapter are computed as one year of service
for each one-year period in which the member has been credited
with at least 50 points on the following bases:
``(A) 15 points for membership in the Corps.
``(B) One point for each day of active service that
is performed under subchapter VI.
``(C) One point for each day of active service for
training specified in section 1451(a) that is performed
under subchapter V.
``(2) Credit limited to service meeting applicable
standards and qualifications.--Service of a participating
member of the Corps is creditable under subparagraphs (B) and
(C) of paragraph (1) only if the service meets the standards
and qualifications of performance prescribed under section 1491
that are applicable to the member and such other standards and
qualifications as the Secretary of State may prescribe.
``(3) Certain service not creditable.--The following
service or duty of a participating member of the Corps is not
creditable toward retirement for purposes of this chapter:
``(A) Service or duty while in inactive status
under section 1452.
``(B) Gratuitous service under section 1454.
``(C) Active service for health care under section
1465.
``SEC. 1484. COMPUTATION OF ANNUITIES.
``(a) In General.--Subject to subsections (c), (d), and (e), the
annuity of a participating member of the Diplomatic Reserve Corps
retiring or retired under subchapter VII or IX and entitled to an
annuity under this chapter is the amount equal to the product of--
``(1) the amount equal to 2 percent of the member's average
pay in the Corps; and
``(2) the number equal to the number of years of service of
the member creditable toward retirement under section 1483(b).
``(b) Average Pay.--In this section, the term `average pay', in the
case of a participating member of the Diplomatic Reserve Corps, means
the largest annual rate resulting from averaging the member's basic
salary rate or rates under subchapter III in effect over any 3
consecutive years of membership in the Corps (regardless of whether the
member performed active service in the Corps during the entire period
of such consecutive years).
``(c) Limitation on Number of Years Creditable Toward Retirement.--
The total number of years of service of a participating member of the
Diplomatic Reserve Corps that are creditable toward retirement for
purposes of subsection (a)(2) may not exceed 35 years.
``(d) Disability or Incapacity Annuity.--In the case of a
participating member of the Diplomatic Reserve Corps who is retiring or
retired for disability or incapacity under section 1473(b), the
member's annuity under this chapter shall be computed in accordance
with section 1473(d) and this subchapter rather than in accordance with
section 8452 of title 5, United States Code.
``(e) Reduction of Annuity for Part-Time Service.--If in any year
of membership in the Diplomatic Reserve Corps a participating member of
the Corps performs an aggregate of active service in the Corps under
subchapters V and VI of fewer than 2,087 hours, the annuity of the
member as computed pursuant to subsection (a) or (d) is subject to
reduction in accordance with the provisions of section 8415(g)(1) of
title 5, United States Code.
``SEC. 1485. OTHER ADMINISTRATIVE MATTERS.
``(a) Annuity Supplement.--A participating member of the Diplomatic
Reserve Corps is not entitled to an annuity supplement provided for by
section 855(c), regardless of the member's age at retirement.
``(b) Deemed Consent and Agreement to Deductions and
Withholdings.--Each participating member of the Diplomatic Reserve
Corps is deemed to consent and agree to the deductions under section
856(a) in connection with such member's participation in the Foreign
Service Pension System, as modified by the provisions of this
subchapter, in connection with membership and service in the Corps as
provided for by section 1481(a).''.
SEC. 10. OTHER ADMINISTRATIVE AUTHORITIES AND REQUIREMENTS.
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:
``Subchapter IX--OTHER ADMINISTRATIVE AUTHORITIES AND REQUIREMENTS
``SEC. 1491. STANDARDS AND QUALIFICATIONS OF PERFORMANCE FOR RETENTION
AND PROMOTION.
``(a) Standards and Qualifications.--The Secretary of State shall
prescribe standards and qualifications of performance for the retention
and promotion of members of the Diplomatic Reserve Corps.
``(b) Periodic Determinations of Compliance.--
``(1) In general.--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.
``(2) Scope and nature of procedures.--The procedures
established pursuant to paragraph (1)--
``(A) shall include administrative reviews of
relative performance of members by selection boards as
contemplated by section 1475(a); and
``(B) may include any other procedures for reviews
or determinations of performance of members that the
Secretary considers appropriate for purposes of this
section.
``(c) Termination of Appointment for Performance Determined Not to
Standard Under Additional Authorized Procedures.--
``(1) In general.--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.
``(2) No benefits for termination of appointment.--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.
``(3) No reappointment.--An individual whose appointment in
the Corps is terminated under paragraph (1) may not be
reappointed to the Corps.
``SEC. 1492. SCREENING OF MEMBERS.
``(a) System of Screening.--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:
``(1) That there is a proper balance of required skills
among the members of the Corps.
``(2) That there will be no significant attrition of
members during a call to active service pursuant to subchapter
VI.
``(3) 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.
``(4) 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.
``(b) Retirement or Termination of Appointment of Members Excess to
Requirements.--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--
``(1) 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
``(2) in the case of any other member, have the member's
appointment in the Corps terminated.
``(c) Benefits.--
``(1) Immediate annuity for members over 59 with 20 years
creditable service.--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.
``(2) Deferred annuity for members under 60 with 20 years
creditable service.--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.
``(3) Involuntary separation benefits for other members.--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.
``(d) Reappointment of Terminated Members.--
``(1) In general.--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).
``(2) Effect of reappointment on retirement benefits.--
``(A) Exclusion of terminated service in computing
benefits.--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.
``(B) Credit for terminated service upon repayment
of separation benefits.--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)).
``(C) Fund defined.--In this paragraph, the term
`Fund' has the meaning given that term in section
852(2).
``SEC. 1493. MEDICAL AND DENTAL READINESS.
``(a) Comprehensive Assessments Required.--
``(1) In general.--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.
``(2) Elements.--The Secretary of State shall prescribe in
regulations the required elements of the comprehensive
assessments required pursuant to paragraph (1).
``(b) Submittal of Results.--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.
``(c) Retirement or Termination of Appointment of Members for Lack
of Medical or Dental Readiness.--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--
``(1) 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
``(2) in the case of any other member, have the member's
appointment in the Corps terminated.
``(d) Benefits.--
``(1) Immediate annuity for members over 59 with 20 years
creditable service.--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.
``(2) Deferred annuity for members under 60 with 20 years
creditable service.--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.
``(3) Involuntary separation benefits for other members.--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.
``(e) Reappointment of Terminated Members.--
``(1) In general.--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.
``(2) Effect of reappointment on retirement benefits.--
``(A) Exclusion of terminated service in computing
benefits.--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.
``(B) Credit for terminated service upon repayment
of separation benefits.--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)).
``(C) Fund defined.--In this paragraph, the term
`Fund' has the meaning given that term in section
852(2).
``SEC. 1494. REDUCTIONS IN FORCE.
``(a) Reductions in Force.--
``(1) In general.--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).
``(2) Conformity to regulations applicable to foreign
service.--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).
``(b) Retirement or Termination of Appointment of Members During
RIFs.--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--
``(1) 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
``(2) in the case of any other member, have the member's
appointment in the Corps terminated.
``(c) Benefits.--
``(1) Immediate annuity for members over 59 with 20 years
creditable service.--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.
``(2) Deferred annuity for members under 60 with 20 years
creditable service.--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.
``(3) Involuntary separation benefits for other members.--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.
``(d) Reappointment of Terminated Members.--
``(1) In general.--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.
``(2) Effect of reappointment on retirement benefits.--
``(A) Exclusion of terminated service in computing
benefits.--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.
``(B) Credit for terminated service upon repayment
of separation benefits.--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)).
``(C) Fund defined.--In this paragraph, the term
`Fund' has the meaning given that term in section
852(2).
``SEC. 1495. READINESS EXERCISES.
``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.
``SEC. 1496. PERSONNEL RECORDS.
``(a) Personnel Records.--The Secretary of State shall maintain
current adequate personnel records on the members of the Diplomatic
Reserve Corps, including records on the following:
``(1) Physical condition.
``(2) Qualifications.
``(3) Civilian occupations skills.
``(4) Availability, and physical, medical, and dental
readiness, for active service under this chapter.
``(5) Dependency status.
``(6) Such other information necessary for the efficient
administration of the Corps as the Secretary may prescribe.
``(b) Records on Training Service.--In maintaining records under
this section, the Secretary shall also maintain records on the
following for each fiscal year:
``(1) The number of members of the Diplomatic Reserve Corps
who participate in active service for training under subchapter
V.
``(2) The number of members of the Corps who participate in
inactive service for training with pay.
``(c) Notice of Material Change in Status.--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. 11. CLERICAL AMENDMENT TO FOREIGN SERVICE ACT OF 1980.
Section 2 of the Foreign Service Act of 1980 (22 U.S.C. 3901 note)
is amended in the table of contents by inserting after the matter
relating to the last chapter of title I the following new matter:
``Chapter 14--DIPLOMATIC RESERVE CORPS
``subchapter i--diplomatic reserve corps
``Sec. 1401. Diplomatic Reserve Corps.
``Sec. 1402. Elements.
``Sec. 1403. Administration.
``Sec. 1404. Authority of the Inspector General.
``Sec. 1405. Headquarters staff.
``Sec. 1406. Recruitment.
``subchapter ii--appointments and related matters
``Sec. 1411. Authorized strength.
``Sec. 1412. Eligibility for appointment.
``Sec. 1413. Appointments generally.
``Sec. 1414. Appointments to salary classes.
``Sec. 1415. Skill identifiers for Diplomatic Reserve Corps members.
``subchapter iii--compensation and other benefits
``Sec. 1421. Salaries of Senior Diplomatic Reserve and Senior
Diplomatic Retiree Reserve.
``Sec. 1422. Diplomatic Reserve Schedule for Diplomatic Reserve and
Diplomatic Retiree Reserve.
``Sec. 1423. Changes in salary classes.
``Sec. 1424. Computation of basic pay.
``Sec. 1425. Performance pay for members of the Senior Diplomatic
Reserve and Senior Diplomatic Retiree
Reserve.
``Sec. 1426. Within-class salary increases for members of the
Diplomatic Reserve and Diplomatic Retiree
Reserve.
``Sec. 1427. Special differentials for members of the Diplomatic
Reserve and Diplomatic Retiree Reserve.
``Sec. 1428. Diplomatic Reserve service awards.
``Sec. 1429. Treatment of Diplomatic Reserve Corps members receiving
annuities under other Federal Government
personnel systems.
``Sec. 1430. Health care.
``Sec. 1431. Death gratuity.
``Sec. 1432. Group life insurance supplement applicable to Diplomatic
Reserve Corps members killed in terrorist
attacks.
``Sec. 1433. Survivors' and dependents' educational assistance.
``Sec. 1434. Travel and related expenses.
``Sec. 1435. Representation expenses.
``subchapter iv--promotion
``Sec. 1441. Promotion.
``Sec. 1442. Selection boards.
``Sec. 1443. Basis for selection board review and records.
``Sec. 1444. Implementation of selection board recommendations on
promotion.
``Sec. 1445. Other bases for increasing pay.
``Sec. 1446. Authority to make certain actions retroactive.
``subchapter v--service obligations, service for training, and other
service
``Sec. 1451. General annual service obligations.
``Sec. 1452. Inactive status.
``Sec. 1453. Training and orientation.
``Sec. 1454. Gratuitous service.
``subchapter vi--active service
``Sec. 1461. General authority for call to active service.
``Sec. 1462. Active service to augment United States diplomatic
activities.
``Sec. 1463. Active service for preplanned missions in support of
Department of State bureaus and embassies.
``Sec. 1464. Active service for organizing, administering, etc., the
Diplomatic Reserve Corps.
``Sec. 1465. Active service for health care.
``Sec. 1466. Active service with or without pay.
``Sec. 1467. Active service agreements.
``Sec. 1468. Other personnel management matters.
``Sec. 1469. Release from active service.
``Sec. 1470. Suspension by President of certain laws and regulations on
promotion, retirement, and separation.
``Sec. 1470A. Limitation on active service in the United States.
``subchapter vii--retirement, termination of appointment, and
disability
``Sec. 1471. Voluntary retirement.
``Sec. 1472. Mandatory retirement for age.
``Sec. 1473. Retirement or termination of appointment for disability or
incapacity.
``Sec. 1474. Retirement for expiration of maximum time in class.
``Sec. 1475. Retirement or termination of appointment based on relative
performance.
``Sec. 1476. Separation for cause.
``Sec. 1477. Suspension.
``subchapter viii--retirement and disability retirement benefits
``Sec. 1481. Participation of members of the Diplomatic Reserve Corps
in the Foreign Service Pension System.
``Sec. 1482. Treatment of active service as employment under certain
retirement benefits laws.
``Sec. 1483. Age and service requirements for annuities.
``Sec. 1484. Computation of annuities.
``Sec. 1485. Other administrative matters.
``subchapter ix--other administrative authorities and requirements
``Sec. 1491. Standards and qualifications of performance for retention
and promotion.
``Sec. 1492. Screening of members.
``Sec. 1493. Medical and dental readiness.
``Sec. 1494. Reductions in force.
``Sec. 1495. Readiness exercises.
``Sec. 1496. Personnel records.''.
SEC. 12. EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
DIPLOMATIC RESERVE CORPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) service in the Diplomatic Reserve Corps is noncareer
service for the United States Government that is closely
analogous to noncareer service in the uniformed services; and
(2) extension to the members of the Corps of the rights and
responsibilities of members of the uniformed services under
chapter 43 of title 38, United States Code, would achieve the
purposes set forth in section 4301(a) of that title with
respect to persons serving in the Corps and is therefore in the
national interest.
(b) Treatment of Diplomatic Reserve Corps on Active Service as a
Uniformed Service.--The paragraph designated paragraph (16) of section
4303 of title 38, United States Code, in the enactment of the Uniformed
Services Employment and Reemployment Rights Act of 1994 (Public Law
103-353; 108 Stat. 3149) is amended by inserting after ``the
commissioned officer corps of the National Oceanic and Atmospheric
Administration,'' the following: ``members of the Diplomatic Reserve
Corps when engaged in active service for training under subchapter V of
chapter 14 of the Foreign Service Act of 1980 or active service under
subchapter VI of that chapter,''.
SEC. 13. APPLICABILITY OF THE SERVICEMEMBERS CIVIL RELIEF ACT TO ACTIVE
SERVICE OF MEMBERS OF THE DIPLOMATIC RESERVE CORPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) service in the Corps is noncareer service for the
United States that is closely analogous to noncareer military
service in the uniformed services; and
(2) extension to the members of the Corps of the rights and
responsibilities of members of the uniformed services under the
Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) in
connection with active service in the Corps would achieve the
purposes set forth in section 2 of that Act in connection with
the foreign affairs needs of the Nation, and is therefore in
the national interest.
(b) Applicability.--Section 101 of the Servicemembers Civil Relief
Act (50 U.S.C. 3911) is amended as follows:
(1) In paragraph (1), by striking ``means'' and all that
follows and inserting ``means--
``(A) a member of the uniformed services, as that
term is defined in section 101(a)(5) of title 10,
United States Code; and
``(B) a member of the Diplomatic Reserve Corps
under chapter 14 of title I of the Foreign Service Act
of 1980.''.
(2) In paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) in the case of a servicemember who is a
member of the Diplomatic Reserve Corps, active service
under subchapter VI of chapter 14 of title I of the
Foreign Service Act of 1980; and''.
(3) In paragraph (7)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) with respect to a member of the Diplomatic
Reserve Corps, the Secretary of State.''.
SEC. 14. DIPLOMATIC RESERVE CORPS ACCOUNT.
(a) Account.--There is established on the books of the Treasury an
account to be known as the ``Diplomatic Reserve Corps Account'' (in
this section referred to as the ``Account'').
(b) Nature of Account.--The Account shall be an account of the
Department of State within accounts for the Administration of Foreign
Affairs.
(c) Elements.--The elements of the Account shall include the
following:
(1) Amounts appropriated to the Account by law.
(2) Amounts transferred to or otherwise deposited in the
Account by law.
(3) Such other elements as are provided for by law.
(d) Availability.--
(1) In general.--Amounts in the Account shall be available
as follows:
(A) For salaries, training and orientation, and
human resources management (including recruitment and
vetting of personnel) of the Diplomatic Reserve Corps
under chapter 14 of title I of the Foreign Service Act
of 1980, as added by this chapter.
(B) For operations, including incidental travel, of
the Corps.
(C) For such other costs and expenses of the Corps
as are authorized by law.
(2) Duration of availability of appropriated funds.--Except
as provided in paragraph (3)(B) or as otherwise provided by
law, amounts appropriated to the Account for a fiscal year are
available for the purposes specified in paragraph (1) in such
fiscal year and the following fiscal year.
(3) Transfer of funds.--
(A) Transfer authorized.--Amounts in the Account
may be transferred to the accounts as follows for
purposes of paying or otherwise defraying costs and
expenses of the Diplomatic Reserve Corps by or through
such accounts:
(i) Diplomatic Programs.
(ii) Representation Expenses.
(iii) Payment to the Foreign Service
Retirement and Disability Fund.
(B) Merger and availability of transferred
amounts.--Amounts transferred from the Account to an
account pursuant to subparagraph (A) shall be merged
with amounts in the account to which transferred, and
shall be available for the same purposes, and subject
to the same conditions and limitations, as amounts in
such account. Amounts transferred from the Account to a
subaccount of the account referred to in subparagraph
(A)(i) are subject to reprogramming and transfer to the
extent provided for by law applicable to such account
and subaccounts.
SEC. 15. FUNDING FOR THE DIPLOMATIC RESERVE CORPS DURING A DIPLOMATIC
CONTINGENCY.
(a) Purpose.--The purpose of this section is to provide a funding
mechanism for the costs and expenses of the Diplomatic Reserve Corps
under chapter 14 of title I of the Foreign Service Act of 1980, as
added by this chapter, for members of the Corps on active service under
subchapter VI of such chapter 14 in connection with a diplomatic
contingency.
(b) Diplomatic Contingency.--For purposes of this section, a
diplomatic contingency is any of the following that results in the call
of members of the Diplomatic Reserve Corps to active service:
(1) A national emergency declared as described in section
1461(a) or 1461(b) of the Foreign Service Act of 1980 (as added
by section 7 of this Act).
(2) An augmentation of the diplomatic efforts of the United
States under section 1462 of that Act (as so added).
(3) An augmentation of 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
under section 1463 of that Act (as so added).
(c) Funding.--Amounts appropriated or transferred to, or deposited
in, the Diplomatic Reserve Corps Account established by section 14 of
this Act for purposes of a diplomatic contingency shall be available
for costs and expenses of members of the Diplomatic Reserve Corps on
active service under subchapter VI of chapter 14 of the Foreign Service
Act of 1980 (as so added) in connection with the diplomatic contingency
in the manner provided by that section for the availability of other
amounts in the Account for costs and expenses of the Corps, except as
provided in subsection (d).
(d) Duration of Availability.--Amounts appropriated or transferred
to, or deposited in, the Diplomatic Reserve Corps Account as described
in subsection (c) for purposes of a diplomatic contingency shall be
available for costs and expenses described in that subsection in
connection with the diplomatic contingency until expended.
<all>