118 STAT. 2905 PUBLIC LAW 108–447—DEC. 8, 2004 SEC. 410. Funds appropriated by this Act for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103– 236), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). SEC. 411. During fiscal year 2005, section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C. 287e note), shall be administered as though the matter following clause (iii) reads as follows: ‘‘(v) For assessments made during calendar year 2005, 27.1 percent.’’. SEC. 412. (a) Section 402(a) of the Foreign Service Act of 1980 (22 U.S.C. 3962(a)) is amended— (1) in paragraph (1), by striking the second and third sentences and inserting the following new sentences: ‘‘The President shall also prescribe ranges of basic salary rates for each class. Except as provided in paragraph (3), basic salary rates for the Senior Foreign Service may not exceed the max imum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under section 5382 of title 5, United States Code.’’; and (2) by striking paragraph (2) and inserting the following new paragraphs: ‘‘(2) The Secretary shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall be paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department, or both, as determined under a rigorous perform ance management system. Except as provided in regulations pre scribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Sec retary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12 month period. ‘‘(3) Upon a determination by the Secretary that the Senior Foreign Service performance appraisal system, as designed and applied, makes meaningful distinctions based on relative performance— ‘‘(A) the maximum rate of basic pay payable for the Senior Foreign Service shall be level II of the Executive Schedule; and ‘‘(B) the applicable aggregate pay cap shall be equivalent to the aggregate pay cap set forth in section 5307(d)(1) of title 5, United States Code, for members of the Senior Executive Service.’’. (b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is amended by inserting before the period the following: ‘‘, or the limitation under section 402(a)(3), whichever is higher’’. (c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended by striking ‘‘shall not exceed the annual rate of pay payable for level I of such Executive Schedule’’ and inserting ‘‘shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code, or the limitation under section 402(a)(3), whichever is higher’’. Wages. Government employees. President. 22 USC 287e note.
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