PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-826 SEC. 2306. NOMINATION OF UNDER SECRETARIES ASSID ASSISTANT SEC- RETARIES OF STATE. (a) UNDER SECRETARIES OF STATE.— Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as amended by this division, is further amended by adding at the end the following new paragraph: "(4) NOMINATION OF UNDER SECRETARIES. —Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the particular Under Secretary position in the Department of State that the individual shall have.". (b) ASSISTANT SECRETARIES OF STATE. —Section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as amended by this division, is further amended by adding at the end the following new paragraph: "(3) NOMINATION OF ASSISTANT SECRETARIES. — Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the regional or functional bureau or bureaus of the Department of State with respect to which the individual shall have responsibility. ". President. CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE SEC. 2311. FOREIGN SERVICE REFORM. (a) PERFORMANCE PAY.— Section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965) is amended— (1) in subsection (a), by striking "Members" and inserting "Subject to subsection (e), members"; and (2) by adding at the end the following new subsection: "(e) Notwithstanding any other provision of law, the Secretary of State may provide for recognition of the meritorious or distinguished service of any member of the Foreign Service described in subsection (a) (including any member of the Senior Foreign Service) by means other than an award of performance pay in lieu of making such an award under this section.". (b) EXPEDITED SEPARATION OUT. — (1) SEPARATION OF LOWEST RANKED FOREIGN SERVICE MEM- BERS. — Not later than 90 days after the date of enactment of this Act, the Secretary of State shall develop and implement procedures to identify, and recommend for separation, any member of the Foreign Service ranked by promotion boards of the Department of State in the bottom 5 percent of his or her class for 2 or more of the 5 years preceding the date of enactment of this Act (in this subsection referred to as the "years of lowest ranking") if the rating official for such member was not the same individual for any two of the years of lowest ranking. (2) SPECIAL INTERNAL REVIEWS.—In any case where the member was evaluated by the same rating official in any 2 of the years of lowest ranking, an internal review of the member's file shall be conducted to determine v^hether the member should be considered for action leading to separation. Procedures.
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