Page:United States Statutes at Large Volume 94 Part 2.djvu/812

 94 STAT. 2090

PUBLIC LAW 96-465—OCT. 17, 1980

db) The Secretary may grant, on the basis of especially meritorious service, to any member of the Service receiving an increase in salary under subsection (a), an additional salary increase to any higher step in the salary class in which the member is serving. 22 USC 3967.

SEC. 407. SALARIES FOR FOREIGN SERVICE PERSONNEL ABROAD W H O PERFORM ROUTINE DUTIES.—(a) The Secretary may establish salary

rates at rates lower than those established for the Foreign Service Schedule for the Foreign Service personnel described in subsection (b). The rates established under this subsection may be no less than the then applicable minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). (b) The Secretary may pay Foreign Service personnel who are recruited abroad, who are not available or are not qualified for assignment to another Foreign Service post, and who perform duties of a more routine nature than are generally performed by Foreign Service personnel assigned to class 9 in the Foreign Service Schedule, in accordance with the salary rates established under subsection (a). U.S. citizens and SEC. 408. LOCAL COMPENSATION PLANS.—(a)(1) The Secretary shall foreign nationals establish compensation (including position classification) plans for employed foreign national employees of the Service, and for United States abroad. citizens employed in the Service abroad who are family members of 22 USC 3968. Government employees. To the extent consistent with the public interest, each compensation plan shall be based upon prevailing wage rates and compensation practices (including p£u:1;icipation in local social security plans) for corresponding types of positions in the locality of employment, except that such compensation plans shall provide for payment of wages to those family members of Government employees who are paid in accordance with such plans at a rate which is no less than the then applicable minimum wage rate specified in section 6(a)(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). Any compensation plan established under this section may include provision for leaves of absence with pay for foreign national employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitation contained in section 6310 of title 5, United States Code. Former foreign (2) The Secretary may make supplemental payments to any civil national service annuitant who is a former foreign national employee of the employees, Service (or who is receiving an annuity as a survivor of a former supplemental foreign national employee of the Service) in order to offset exchange payments. rate losses, if the annuity being paid such annuitant is based on— (A) a salary that was fixed in a foreign currency that has appreciated in value in terms of the United States dollar; and (B) service in a country in which (as determined by the Secretary) the average retirement benefits being received by individuals who retired from competitive local organizations are superior to the local currency value of civil service annuities plus any other retirement benefits payable to foreign national employees who retired during similar time periods and after comparable careers with the Government. (b) For the purpose of performing functions abroad, any agency or other Government establishment (including any establishment in the legislative or judicial branch) may administer employment programs for its employees who are foreign nationals or are family members of Government employees assigned abroad, in accordance with the applicable provisions of this Act.

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