“To amend the Foreign Service Act of 1980 to establish a Diplomatic Reserve Corps.”
No CRS summary available for this bill.
This section establishes the Diplomatic Reserve Corps within the Department of State as an independent personnel system separate from the Foreign Service to maintain a reserve of trained personnel available for active service when needed by the Secretary of State, Department, or Foreign Service. The Corps comprises four elements: (1) Senior Diplomatic Reserve, (2) Senior Diplomatic Retiree Reserve, (3) Diplomatic Reserve, and (4) Diplomatic Retiree Reserve. The Secretary of State administers the Corps under the President, with assistance from the Director General of the Foreign Service and compatibility with Foreign Service and government personnel policies; Department bureaus and offices have the same responsibilities toward the Corps as toward the Foreign Service and civil service. The provision further authorizes (1) Inspector General oversight of the Corps; (2) headquarters assignments for Corps members in addition to existing staff limits; (3) wide recruitment to reflect the American people; and (4) personal services contracts for recruitment, with contractors not deemed government employees.
This section amends diplomatic and consular commission authorities under 22 U.S.C. 3952 to include members of the Diplomatic Reserve Corps (DRC) alongside Foreign Service members and establishes appointments and related matters for the DRC (a new reserve cadre for temporary, surge, or specialized diplomatic assignments). Specifically, the section adds the following to Chapter 14 of the Foreign Service Act of 1980: (1) Authorized DRC strength as of September 30 each fiscal year: 250 for FY2026, 500 for FY2027, 750 for FY2028, and 1,000 thereafter (with Presidential prescription when not specified by law); limits Senior Diplomatic Reserve strength to 10% of total DRC strength. (2) Eligibility criteria: U.S. citizenship, age 21 or older (with exceptions for higher ages needed for specific service), and prescribed physical, mental, and professional qualifications (with non-delegable, case-by-case physical waivers); requires examinations; treats veteran status as an affirmative factor; prohibits simultaneous uniformed service. (3) Appointment authorities: (a) Senior Diplomatic Reserve by the President with Senate consent; (b) Senior Diplomatic Retiree Reserve by the President with Senate consent or by the Secretary of State for certain no-break-service retirees; (c) Diplomatic Reserve by the Secretary; and (d) Diplomatic Retiree Reserve by the Secretary (with conforming regulations and flexible terms set by appointing authority).
This section adds to 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), a new subchapter III—Compensation and Other Benefits—establishing salary structures and performance pay for members of the Senior Diplomatic Reserve, Senior Diplomatic Retiree Reserve, Diplomatic Reserve, and Diplomatic Retiree Reserve. (As background, these reserves consist of recalled senior Foreign Service officers and other diplomats available for temporary assignments to meet surge requirements in diplomatic staffing.) The subchapter includes the following provisions: (1) Section 1421, creating two salary classes for the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve, with ranges prescribed by the President and individual rates set by the Secretary of State within those ranges (per section 402(a) procedures), conforming as practicable to Senior Foreign Service salaries; (2) Section 1422, establishing a Diplomatic Reserve Schedule of 9 salary classes with 14 steps each for the Diplomatic Reserve and Diplomatic Retiree Reserve, with ranges and rates equivalent to the Foreign Service Schedule under section 403 and adjusted per 5 U.S.C. §5303; (3) Section 1423, limiting salary class changes to procedures in subchapter IV (except as authorized by 5 U.S.C. ch. 35 subch. I); (4) Section 1424, computing basic pay hourly (per 5 U.S.C. §5504(b)) for each hour or portion thereof of active service (including under subchapters V and VI); and (5) Section 1425, authorizing lump-sum performance pay for Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve members in addition to basic salary and other awards (per section 405(b) procedures), limited to 25% of such members per fiscal year at an annualized amount prorated for active service days and not exceeding 20% of the member's annual basic salary rate (with exceptions allowing higher amounts for up to 6% of members).
This section establishes promotion authorities (secs. 1441-1443) in new chapter IV of the Foreign Service Act for members of the Senior Diplomatic Reserve, Senior Diplomatic Retiree Reserve, Diplomatic Reserve, and Diplomatic Retiree Reserve. Promotions occur by appointment to higher salary classes (or into senior reserves), generally based on selection board rankings and recommendations but allowing satisfactory performance promotions for specified categories; promotions into senior reserves follow Foreign Service promotion rules in sec. 601(c) (excluding paragraph (6)) with adaptations treating reserves as equivalents to the Foreign Service and Senior Foreign Service. (Thus, reserve members are evaluated like career Foreign Service officers for relative performance rankings supporting promotions, performance pay, step increase denials, and limited appointment extensions.) This section further requires the Secretary of State to convene selection boards—either newly established (per sec. 602 requirements) or existing Foreign Service boards—for reserve performance reviews governed by sec. 603 precepts and records, to the extent practicable; boards may credit gratuitous (unpaid) service by reserves.
This section revises the purpose of the George P. Shultz National Foreign Affairs Training Center to promote career development within the Foreign Service and members of the Corps and the Diplomatic Reserve Corps (DRC) (from within the Foreign Service only). It also adds a new subchapter V to chapter 14 of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) establishing (1) annual service obligations for DRC members under new section 1451, generally requiring each year at least 24 days of scheduled training during 12 two-day periods (one per calendar month, or as otherwise required by the Secretary of State) and at least 14 days of continuous training and orientation (or as otherwise required), plus up to 30 days of active service under subchapter VI as required (with exceptions for members following more than 365 continuous days of prior active service, limited applicability to Senior Diplomatic Retiree Reserve and Diplomatic Retiree Reserve members, and exclusion of travel time); (2) inactive status authority for DRC members under new section 1452 when in the Department of State's best interest, during which members forgo compensation, benefits, promotion, and retirement credit and do not count against authorized DRC strength; and (3) training and orientation requirements under new section 1453, to be developed by the center's director and to include foreign language proficiency, career development, human rights and related topics, multilateral diplomacy, and other matters as appropriate, conforming as practicable to Foreign Service training under chapter 7.
This section establishes new authorities in the Foreign Service Act of 1980 for the Secretary of State to call members of the Diplomatic Reserve Corps (DRC)—a reserve force to provide surge capacity for U.S. diplomatic operations—without their consent to active service under specified circumstances. (1) In a Congressionally declared national emergency, for the duration plus six months; (2) in a presidentially declared national emergency or as otherwise authorized by law, for up to 12 consecutive months (limited to 75% of the DRC's authorized strength in any fiscal year, with congressional notification and potential termination by joint resolution of disapproval); (3) at any time, for up to 15 days per year; or (4) for failure to perform required service or training, for up to 45 days (once per calendar year). Separately, this section authorizes the President to direct the Secretary to call DRC members without consent for up to 365 consecutive days to augment U.S. diplomatic efforts, including in response to attacks on diplomatic facilities, terrorist threats, disasters, or threats to friendly nations (limited to 25% of the DRC's authorized strength in any fiscal year, with a report to Congress within 24 hours); it also permits calls with member consent at any time and requires consideration of prior service, family responsibilities, and employment needs for non-consensual recalls.
This section establishes retirement, termination of appointment, and disability provisions for the Diplomatic Reserve Corps (i.e., a reserve component of the Foreign Service that supplements career personnel during surges in demand). Specifically, the section (1) authorizes voluntary retirement at age 60 (with Secretary of State consent) for members with at least 20 years of creditable service, providing an immediate annuity under subchapter VIII; (2) requires mandatory retirement at age 65, with exceptions allowing Senior Diplomatic Reserve or Senior Diplomatic Retiree Reserve members to serve until their appointments end and permitting the Secretary to retain other members in one-year increments (renewable) if in the public interest; provides an immediate annuity under subchapter VIII for those with at least five years of creditable service or involuntary separation benefits under subchapter II of chapter 8 otherwise; and (3) directs retirement (with an immediate annuity under subchapter VIII, computed as if the member had 20 years of creditable service if less—capped at the difference between retirement age and 60) for totally disabled members (not due to misconduct) with at least five years of creditable service, termination with involuntary separation benefits for those with fewer than five years, and termination without benefits if due to the member's vicious habits, intemperance, or willful conduct.
This section establishes retirement and disability retirement benefits for participating members of the Diplomatic Reserve Corps (DRC)—a reserve component of the Foreign Service—by adding new subchapter VIII (ss. 1481-1484) to chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.). (1) Section 1481 requires eligible DRC members to participate in the Foreign Service Pension System (FSPS) under subchapter II of chapter 8 of the act, applying provisions of the Federal Employees Retirement System (FERS, 5 U.S.C. ch. 84) as if such members were FSPS participants; excludes members already entitled to annuities under FSPS, CSRS, military retired pay, or other federal systems; and designates participants accordingly for administrative purposes. (2) Section 1482 treats DRC active service for training (under subch. V) and active service (under subch. VI) as employment for title II of the Social Security Act and FICA (ch. 21, IRC). (3) Section 1483 sets annuity eligibility for participating DRC members at age 60 with 20 years of creditable service (computed as one year per year with at least 50 points: 15 for membership, 1 per day of qualifying active service or training), excluding inactive status, gratuitous service, and health care service; provides immediate annuity for disability retirement under s. 1473(b) regardless of age. (4) Section 1484 computes the annuity as 2% of average pay (largest annual basic salary rate averaged over any 3 consecutive years of Corps membership) multiplied by creditable years of service.
This section establishes performance standards and qualifications for retention and promotion of Diplomatic Reserve Corps members (new §1491), requiring the Secretary of State to prescribe such standards and conduct periodic compliance determinations via selection board reviews or other procedures, with non-compliant members subject to termination of appointment without subchapter VIII benefits or eligibility for reappointment. The section further establishes a continuous screening system for Corps members (new §1492) to maintain skill balance, minimize attrition during active service calls, limit retention of excess critical civilian skills (except where overriding needs exist), and prioritize hardship or danger-pay service in retention decisions. Members deemed excess to requirements are either retired (if possessing at least 20 years of creditable service toward retirement) or have their appointment terminated (otherwise), with retirees eligible for an immediate annuity at age 60 or deferred annuity thereafter (if under 60 with 20 years service) and terminated members eligible for involuntary separation benefits equivalent to those under Foreign Service section 855(b)(3). Terminated members may be reappointed under Secretary regulations, but prior service is excluded from subchapter VIII benefit computations unless separation benefits are repaid with interest.
This section amends the table of contents of the Foreign Service Act of 1980 to insert, after the last chapter of title I, new Chapter 14—Diplomatic Reserve Corps, comprising nine subchapters on administration; appointments and related matters; compensation and other benefits; promotion; service obligations, training, and other service; active service; retirement, termination of appointment, and disability; retirement and disability retirement benefits; and other administrative authorities and requirements.
This section amends the definition of "uniformed services" in 38 U.S.C. 4303(16)—which determines eligibility for protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA, 38 U.S.C. ch. 43)—to include 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. (Thus, such members receive USERRA employment and reemployment rights, including protections against discrimination and prompt reemployment upon return from qualifying service.) It also states the sense of Congress that such service is analogous to noncareer uniformed service and that extending USERRA rights advances USERRA's purposes.
This section expands the applicability of the Servicemembers Civil Relief Act (SCRA)—which provides legal protections such as stays of proceedings, interest rate caps, and eviction/foreclosure relief to servicemembers and dependents during military service—to members of the Diplomatic Reserve Corps (i.e., non-career Foreign Service officers) during active service by making the following amendments to the definitions in 50 U.S.C. 3911: (1) includes such members as "servicemembers"; (2) defines their "military service" as active service under subchapter VI of chapter 14 of title I of the Foreign Service Act of 1980; and (3) designates the Secretary of State as the "Secretary concerned" for them. (Thus, these members and their dependents receive SCRA protections during such active service.)
This section establishes the Diplomatic Reserve Corps Account in the Treasury as a Department of State account within Administration of Foreign Affairs accounts. The account consists of amounts appropriated or transferred to it by law and is available for salaries, training and orientation, human resources management (including recruitment and vetting), operations (including incidental travel), and other authorized costs of the Diplomatic Reserve Corps under chapter 14 of title I of the Foreign Service Act of 1980. Amounts appropriated to the account are available in the fiscal year of appropriation and the following fiscal year, and such amounts may be transferred to Diplomatic Programs, Representation Expenses, or the Foreign Service Retirement and Disability Fund accounts, where they merge and become available under the same purposes, conditions, and limitations as other funds in those accounts.
This section provides that amounts appropriated, transferred, or deposited in the Diplomatic Reserve Corps Account for a diplomatic contingency—defined as (1) a national emergency declared under new Foreign Service Act authorities, (2) a diplomatic augmentation, or (3) an augmentation of State Department personnel for a preplanned activity—are available until expended for costs and expenses of reserve corps members on active service in connection with the contingency. (Thus, such contingency funds do not expire, unlike potentially other funds in the account.)