H. R. 4818—97
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’’.
H. R. 4818—98
SEC. 413. (a) Section 2 of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2669) is amended by adding at the
end the following:
‘‘(o) make administrative corrections or adjustments to an
employee’s pay, allowances, or differentials, resulting from mistakes
or retroactive personnel actions, as well as provide back pay and
other categories of payments under section 5596 of title 5, United
States Code, as part of the settlement or compromise of administra-
tive claims or grievances filed against the Department.’’.
(b) Such section is further amended—
(1) in subsection (k), by striking ‘‘and’’;
(2) by transferring subsection (m) within such section to
appear after subsection (l);
(3) in subsections (l) and (m), by striking the period at
the end of each subsection and inserting a semicolon; and
(4) in subsection (n), by striking the period at the end
and inserting a semicolon and ‘‘and’’.
This title may be cited as the ‘‘Department of State and Related
Agency Appropriations Act, 2005’’.
TITLE V—RELATED AGENCIES
ANTITRUST MODERNIZATION COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Antitrust Modernization Commis-
sion, as authorized by Public Law 107–273, $1,187,000, to remain
available until expended.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Amer-
ica’s Heritage Abroad, $499,000, as authorized by section 1303
of Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000: Provided,
That not to exceed $50,000 may be used to employ consultants:
Provided further, That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one special
assistant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception
of the chairperson, who is permitted 125 billable days.
H. R. 4818—99
COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–
292), $3,000,000, to remain available until expended: Provided,
That in fiscal year 2005, the Commission may procure temporary
services for the purpose of conducting a study on conditions of
the right to freedom of religion or belief in North Korea, notwith-
standing section 208(c)(1) of Public Law 105–292 (22 U.S.C.
6435a(c)(1)).
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,831,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S
REPUBLIC OF CHINA
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commis-
sion on the People’s Republic of China, as authorized, $1,900,000,
including not more than $3,000 for the purpose of official represen-
tation, to remain available until expended: Provided, That $100,000
shall be for the Political Prisoner Database.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabil-
ities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards
to private citizens; and not to exceed $33,000,000 for payments
to State and local enforcement agencies for services to the Commis-
sion pursuant to title VII of the Civil Rights Act of 1964, sections
6 and 14 of the Age Discrimination in Employment Act, the Ameri-
cans with Disabilities Act of 1990, and the Civil Rights Act of
1991, $331,228,000: Provided, That the Commission is authorized
to make available for official reception and representation expenses
not to exceed $2,500 from available funds: Provided further, That
the Commission may take no action to implement any workforce
repositioning, restructuring, or reorganization until such time as
the Committees on Appropriations have been notified of such pro-
posals, in accordance with the reprogramming provisions of section
605 of this Act: Provided further, That the Commission shall not
have fewer field position in fiscal year 2005 than in fiscal year
2004.