108 STAT. 412 PUBLIC LAW 103-236—APR. 30, 1994 purposes of collective bargaining or having acted as a representative of a labor organization during the preceding two years. "(2) For the purposes of paragraph (IXAXii) and paragraph (I)(B), the term 'management ofiEiciar shall not include chiefs of mission, principal officers and their deputies, and administrative and personnel officers abroad.". SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PER- SONAL PROPERTY DAMAGE OR LOSS. (a) CLAIMS RESULTING FROM EMERGENCY EVACUATION IN A FOREIGN COUNTRY.— Subsection 3721(b) of title 31 of the United States Code is amended— (1) by inserting "(1)" after "(b)"; and (2) by adding after paragraph (1), as so designated, the following: "(2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in section 5522(a) of title 5, if the Secretary determines that there exists exceptional circumstances that warrant such a waiver.". 31 USC 3721 (b) RETROACTIVE APPLICATION.— The amendments made by sub- " °*®- section (a) shall apply with respect to claims arising on or after October 31, 1988. SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY. 22 USC 3965 (a) PROHIBITION ON AWARDS.— Notwithstanding any other ^°^- provision of law, the Secretary of State may not award or pay performance payments for fiscal years 1994 and 1995 under section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), unless the Secretary awards or pays performance awards to other Federal employees for such fiscal years. 22 USC 3965 (b) AWARDS IN SUBSEQUENT FISCAL YEARS.— The Secretary may "°*®- not make a performance award or payment in any fiscal year after a fiscal year referred to in subsection (a) for the purpose of providing an individual with a performance award or payment to which the individual would otherwise have been entitled in a fiscal year referred to in such subsection but for the prohibition described in such subsection. 22 USC 3965 (c) APPLICATION TO USIA, AID, AND ACDA—Subsections (a) ^°^- and (b) shall apply to the United States Information Agency, the Agency for International Development, and the Arms Control and Disarmament Agency in the same manner as such subsections apply to the Department of State, except that the Director of the United States Information Agency, the Administrator of the Agency for International Development, and the Director of the Arms Control and Disarmament Agency shall be subject to the limitations and authority of the Secretary of State under subsections (a) and (b) for their respective agencies. (d) AMENDMENT TO FOREIGN SERVICE AcT OF 1980.— Section 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4)) is amended to read as follows: "(4) Any award under this section shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code.".
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