Page:United States Statutes at Large Volume 101 Part 3.djvu/63

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1361

discriminatory practices in the recruitment, appointment, assignment, and promotion of Foreign Service employees. SEC. 175. PERFORMANCE PAY. (a) REVIEW OF PERFORMANCE PAY PROGRAMS.— (1) SUSPENSION OF AWARDS DURING REVIEW.—During

22 USC 3965 the

period beginning on the date of enactment of this Act, and ending on the date on which the Inspector General of the Department of State reports to the Congress pursuant to paragraph (2), performance pay may not be awarded under section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965) to any member of the Senior Foreign Service in the Department of State. (2) REVIEW BY INSPECTOR GENERAL.—The Inspector General of the Department of State shall conduct a complete and thorough review of— (A) the procedures in the Department of State under which performance pay recipients are chosen to determine whether the procedures and award determinations are free from bias and reflect fair standards; and (B) the adequacy of the criteria and the equity of the criteria actually applied in making those awards. The review should be conducted in accordance with generally accepted Government auditing standards. The Inspector General shall report the results of this review to the Secretary of State and to the Congress no later than May 1, 1988. (3) REPORT BY SECRETARY OF STATE.—No later than 60 days after the report of the Inspector General is submitted to the Secretary of State under paragraph (2), the Secretary shall submit to the Congress a report containing the comments of the Secretary on the report of the Inspector General and describing the actions taken and proposed to be taken by the Secretary as a result of the report.

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0)) CARRY-OVER OF SENIOR FOREIGN SERVICE PERFORMANCE PAY.—

Section 40503) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)) is amended— (1) in paragraph (4), by inserting at the end thereof the following: "Any amount which is not paid to a member of the Senior Foreign Service during a fiscal year because of this limitation shall be paid to that individual in a lump sum at the beginning of the following fiscal year. Any amount paid under this authority during a fiscal year shall be taken into account for purposes of applying the limitation in the first sentence of this subparagraph with respect to such fiscal year."; and (2) by adding at the end thereof the following: "(5) The Secretary of State shall prescribe regulations, consistent with section 5582 of title 5, United States Code, under which payment under this section shall be made in the case of any individual whose death precludes payment under paragraph (4) of this subsection.". SEC. 176. EXTENSION OF LIMITED APPOINTMENTS.

Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is amended— (1) by striking out "section 311(a)" and inserting in lieu thereof "subsection (b)"; (2) by inserting "(a)" after "LIMITED APPOINTMENTS.—"; and

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