An Act to authorize fiscal year 1977 appropriations for the Department of State, the United States Information Agency, and the Board for International Broadcasting, and for other purposes.
PL 94-350 (S.3168), enacted 07/12/1976

PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 823 
Public Law 94-350 
94th Congress 
An Act 
To authorize fiscal year 1977 appropriations for the Department of State, the 
United States Information Agency, and the Board for International Broad-
casting, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled^ That this Act may 
be cited as the "Foreign Kelations Authorization Act, Fiscal Year 
1977". 
T I T L E I—STATE D E P A R T M E N T 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. (a) There are authorized to be appropriated for the 
Department of State for fiscal year 1977, to carry out the authorities, 
functions, duties, and responsibilities in the conduct of the foreign 
affairs of the United States, including trade negotiations, and other 
purposes authorized by law, the following amounts: 
(1) For the "Administration of Foreign Affairs", $552,455,000. 
(2) 
For 
"International 
Organizations 
and 
Conferences", 
$342,460,453. 
(3) For "International Commissions", $17,069,000. 
(4) For "Educational Exchange", $68,500,000. 
(5) For "Migration and Refugee Assistance", $10,000,000. 
(6) For increases in salary, pay, retirement, and other employee 
benefits authorized by law, and for other nondiscretionary costs, 
such amounts as may be necessary. 
(b) Amounts appropriated under this section are authorized to 
remain available until expended. 
TRANSFER AUTHORITY 
SEC. 102. Funds authorized to be appropriated for fiscal year 1977 
by any paragraph of section 101(a) (other than paragraph (6)) may 
be appropriated for such fiscal year for a purpose for which appropria-
tions are authorized by any other paragraph of such section (other 
than paragraph (6)), except that the total amount appropriated for 
a purpose described in any paragraph of section 101(a) (other than 
paragraph (6)) may not exceed the amount specifically authorized for 
such purpose by section 101(a) by more than 10 per centum. 
CONTRIBUTION TO THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND 
CULTURAL ORGANIZATION 
SEC. 103. Notwithstanding the limitation contained in the proviso 
in the paragraph under the subheading "Contributions to Interna-
tional Organizations" in title I of the Act of October 25, 1972 (86 
Stat. 1110), and notwithstanding the requirements of section 302(h) 
of the Foreign Assistance Act of 1961, $3,545,453 of the amount 
authorized to be appropriated by section 101(a) (2) of this Act may 
be used to complete the fiscal year 1975 United States contribution to 
the United Nations Educational, Scientific, and Cultural Organization. 
July 12, 1976 
[S. 3168] 
Foreign Relations 
Authorization 
Act, Fiscal Year 
1977. 
22 use 2689 
note. 
22 use 2222. 
90 STAT. 824 
PUBLIC LAW 94-350—JULY 12, 1976 
INTERNATIONAL JOINT COMMISSION 
SEC. 104. The Act entitled "An Act to provide certain basic author-
ity for the Department of State", approved August 1,1956, is amended 
by adding at the end thereof the following new section: 
22 use 2689. 
"SEC. 19. Each fiscal year (beginning with fiscal year 1977), the 
Secretary of State may use not to exceed $1,500 of the funds appro-
priated for the American Sections, International Joint Commission, 
United States and Canada, for representation expenses and official 
entertainment within the United States for such American Sections.". 
RUSSIAN R E F U G E E ASSISTANCE 
, , . , - ' 
SEC 105, In addition to amounts otherwise available, there are 
authorized to be appropriated to the Secretary of State for fiscal year 
1977 not to exceed $20,000,000 to carry out the provisions of section 
86 Stat. 489. 
101 (b) of the Foreign Eelations Authorizations Act of 1972 (relating 
to Russian refugee assistance) and to furnish similar assistance to 
refugees from Communist countries in Eastern Europe. None of the 
funds appropriated under this section may be used to resettle refugees 
in any country other than Israel. Amounts appropriated under this 
section are authorized to remain available until expended. 
UNITED STATES PASSPORT OFEICE 
SEC. 106. In addition to amounts otherwise available for such pur-
poses, there is authorized to be appropriated for fiscal year 1977, 
$1,000,000, to be used for miniaturization of the files of the United 
States Passport Office. Amounts appropriated under this section are 
authorized to remain available until expended. 
22 use 1928e. 
22 use 1928b. 
NORTH ATLANTIC ASSEMBLY 
SEC. 107. The joint resolution entitled "Joint resolution to authorize 
participation by the United States in parliamentary conferences of 
the North Atlantic Treaty Organization", approved July 11, 1956, is 
amended by adding at the end thereof the following new section: 
"SEC. 5. In addition to the amounts authorized by section 2, there 
is authorized to be appropriated $50,000 for fiscal year 1977 to meet 
the expenses incurred by the United States group in hosting the 
twenty-second annual meeting of the North Atlantic Assembly. 
Amounts appropriated under this section are authorized to remain 
available until expended.". 
P A Y M E N T TO LADY CATHERINE HELEN SHAW 
SEC. 108. Of the amount appropriated under paragraph (1) of 
section 101(a) of this Act for salaries and expenses, $10,000 shall be 
available for payment ex gratia to Lady Catherine Helen Shaw, wife 
of the former Australian Ambassador to the United States, as an 
expression of the concern of the United States Government for the 
injuries which she sustained as a result of an attack on her in the 
District of Columbia. 
FOREIGN SERVICE BUILDINGS 
AUTHORIZATION 
22 use 295. 
SEC. 109. Section 4 of the Foreign Service Buildings Act, 1926, is 
amended— 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 825 
(1) in paragraph (2) of subsection (h) by striking out 
"$71,600,000" and inserting in lieu thereof "$73,058,000"; and 
(2) by adding the following new subsection at the end of the 
section: 
% 
" (j) For the purpose of carrying into effect the provisions of this 
Act in the Union of Soviet Socialist Republics, there is authorized 
.:, 
to be appropriated, in addition to amounts authorized prior to the 
enactment of this subsection, $30,000,000, which amount is authorized 
to remain available until expended.". 
PAN AMERICAN GAMES 
SEC. 110. (a) The Congress finds that— 
(1) the Eighth Pan American Games to be held in San Juan, 
Puerto Rico, in 1979 will provide an opportunity for more than 
six thousand young men and women, representing thirty-three 
countries in the Western Hemisphere, to participate in friendly 
athletic competition; 
(2) international sporting events such as the Eighth Pan 
American Games make a unique contribution in promoting com-
mon understanding and mutual respect among people of different 
< ? 
cultural backgrounds; and 
(3) the President has the authority under the Mutual Educa-
tional and Cultural Exchange Act of 1961 to provide financing, 22 USC 2451 
when he considers that it would strengthen international coopera- note. 
tive relations, for (A) tours abroad by American athletes, (B) 
i 
United States representation in international sports competitions, 
and (C) participation by groups and individuals from other 
countries in tours and in sports competitions in the United States. 
(b) In order to strengthen international cooperative relations and 
promote the purposes of the Mutual Educational and Cultural 
>
i 
Exchange Act of 1961, the Secretary of State shall use funds appro-
priated to carry out this section to provide financial assistance for the 
Eighth Pan American Games to be held in Puerto Rico in 1979. Such 
funds shall be transferred by the Secretary to the Recreational Devel-
opment Company of Puerto Rico (a government corporation of the 
Commonwealth of Puerto Rico) for expenses directly related to the 
Eighth Pan American Games, including expenses for— 
(1) promoting, organizing, and conducting such games; 
(2) constructing new and repairing existing athletic and recrea-
tional facilities; 
(3) providing lodging, food, and transportation for partici-
pants in such games and for related personnel; and 
(4) acquiring necessary material and equipment for such games. 
Such expenditures shall be subject to such controls and audits as the 
Comptroller General may prescribe. 
(c) To carry out this section, there is authorized to be appropriated 
to the Secretary of State $12,000,000. 
PARTICIPATION 
BY FEDERAL EMPLOYEES IN 
CULTURAL 
EXCHANGE 
PROGRAMS 
SEC. 111. The Mutual Educational and Cultural Exchange Act of 
1961 is amended by adding immediately after section 108 the following 
new section: 
"SEC 108A. (a) (1) Congress consents to the acceptance by a Fed- 22 USC 2458a. 
eral employee of grants and other forms of assistance provided by a 
90 STAT. 826 
PUBLIC LAW 94-350—JULY 12, 1976 
foreign government to facilitate the participation of such Federal 
employee in a cultural exchange— 
"(A) which is of the type described in section 102(a) (2) (i) 
22 use 2452. 
of this Act, 
"(B) which is conducted for a purpose comparable to the pur-
22 use 2451. 
pose stated in section 101 of this Act, and 
"(C) which is specifically approved by the Secretary of State 
for purposes of this section; 
but the Congress does not consent to the acceptance by any Federal 
employee of any portion of any such grant or other form of assistance 
which provides assistance with respect to any expenses incurred by or 
for any member of the family or household of such Federal employee. 
"Federal 
"(2) For purposes of this section, the term 'Federal employee' 
etaployee." 
means any employee as defined in subparagraphs (A) through (E) of 
section 7342(a) (1) of title 5 of the United States Code, but does not 
include a person described in subparagraph (F) of such section. 
"(b) The grants and other forms of assistance with respect to which 
the consent of Congress is given in subsection (a) of this section shall 
not constitute gifts for purposes of section 7342 of title 5 of the United 
States Code. 
Regulations. 
"(c) The Secretary of State is authorized to promulgate regula-
tions for purposes of this section.". 
" ' ' 
ANNUITY INCREASES FOR AEIEN EMPLOYEES 
22 use 889. 
SEC. 112. Section 444(a) of the Foreign Service Act of 1946 is 
amended— 
(1) by inserting "(1)" immediately after "(a)"; and 
(2) by inserting the following new paragraph at the end 
thereof: 
Regulations. 
"(2) The Secretary may, under such regulations as he may pre-
scribe, make supplemental payments, out of funds appropriated after 
the date of enactment of this subparagraph for salaries and expenses, 
to any civil service annuitant who is a former alien employee of the 
Service (or is a survivor of a former alien employee of the Service) 
in order to offset exchange rate losses, if the annuity being paid such 
annuitant is based on (A) a salary that was fixed in a foreign currency 
that has appreciated in value in terms of the United States dollar, and 
(B) service in a country in which (as determined by the Secretary) 
the average retirement benefits being received by those who have 
retired from competitive local organizations are superior to tlie local 
currency value of civil service annuities plus any other retirement 
benefits payable to alien employees who have retired during similar 
time periods and after comparable careers with the United States 
Government.". 
M E M B E R S H I P A U T H O R I T Y 
F O R INTERNATIONAL 
ORGANIZATIONS 
SEC. 113. The President is authorized to maintain United States 
membership in the International Cotton Advisory Committee, the 
International Lead and Zinc Study Group, the International Rubber 
Study Group, and the International Seed Testing Association. 
PANAMA 
C A N A L 
SEC. 114. Any new Panama Canal treaty or agreement negotiated 
with funds appropriated under this title must protect the vital interests 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 827 
of the United States in the Canal Zone and in the operation, main-
tenance, property, and defense of the Panama Canal. 
INTERNATIONAL JOINT 
COMMISSION 
SEC. 115. After the date of enactment of this Act, any commissioner 
of the International Joint Commission appointed on the part of the 
United States, pursuant to article VII of the treaty between the United 
States and Great Britain relating to boundary waters between the 
United States and Canada, signed at Washington on January 11,1909 
(36 Stat. 2448; TS 548; III Redmond 2607), shall be appointed by the 
President by and with the advice and consent of the Senate. 
Commissioner, 
appointment. 
FOREIGN GIFTS 
SEC. 116. (a) The Act entitled "An Act to provide certain basic 
authority for the Department of State", approved August 1, 1956, as 
amended by section 104 of this Act, is further amended by adding 
at the end thereof the following new section: 
"SEC. 20. Any expenditure for any gift for any person of any foreign 
country which involves any funds made available to meet unfore-
seen emergencies arising in the Diplomatic and Consular Service 
shall be audited by the Comptroller General and reports thereon made 
to the Congress to such extent and at such times as he may determine 
necessary. The representatives of the General Accounting Office shall 
have access to all books, accounts, records, reports, files, and all other 
papers, things, or property pertaining to such expenditure and neces-
sary to facilitate the audit.". 
STATE DEPARTMENT/UNITED STATES INFORMATION AGENCY PERSONNEL 
SYSTEM 
SEC. 117. It is the sense of Congress that the proliferation of per-
sonnel categories within the State Department and the United States 
Information Agency (the several categories being characterized by 
various standards for hiring, tenure, and pay) has resulted in a per-
sonnel system susceptible to inefficiency, inequity, and abuse. There-
fore, within one hundred and eighty days of the enactment of this Act, 
the Secretary of State shall transmit to Congress a comprehensive 
plan for the improvement and simplification of this system, such plan 
to include a reduction in the number of personnel categories, and pro-
posed legislation if necessary. 
PARLIAMENTARY CONFERENCES 
SEC. 118. (a) Section 2 of the Act of June 11, 1959 (Public Law 
86-42; 73 Stat. 72), is amended by striking out "$30,000" and inserting 
in lieu thereof "$50,000", and by striking out "$15,000" each time it 
appears and inserting in lieu thereof "25,000". 
(b) Section 2 of the Act of April 9, 1960 (Public Law 86-420; 74 
Stat. 40), is amended by striking out "$30,000" and inserting in lieu 
thereof "$50,000", and by striking out "$15,000" each time it appears 
and inserting in lieu thereof "$25,000". 
MEDICAL MALPRACTICE PROTECTION 
SEC. 119. Title X of the Foreign Service Act of 1946 is amended by 
adding at the end thereof the following new part: 
22 use 2690. 
Comprehensive 
plan, transmittal 
to Congress. 
22 u s e 276e. 
22 u s e 276i. 
90 STAT. 828 
PUBLIC LAW 94-350—JULY 12, 1976 
"PART J—MALPRACTICE PROTECTION 
22 use 817. 
"SEC. 1091. (a) The remedy— 
' 
' 
"(1) against the United States provided by sections 1346(b) 
and 2672 of title 28 of the United States Code, or 
"(2) through proceedings for compensation or other benefits 
from the United States as provided by any other law, where the 
availability of such benefits precludes a remedy under such 
sections, 
for damages for personal injury, including death, allegedly arising 
from malpractice or negligence of a physician, dentist, nurse, pharma-
cist, or paramedical (including medical and dental assistants and tech-
nicians, nursing assistants, and therapists) or other supporting 
personnel of the Department of State (including the Agency for 
International Development) in furnishing medical care or related 
services, including the conducting of clinical studies or investigations, 
while in the exercise of his or her duties in or for the Department of 
State or any other Federal department, agency, or instrumentality 
,., ,^,,. 
, 
shall be exclusive of any other civil action or proceeding by reason of 
the same subject matter against such physician, dentist, nurse, phar-
- 
. 
macist, or paramedical or other supporting personnel (or his or her 
estate) whose act or omission gave rise to such claim. 
Gvil action. 
" (b) The United States Government shall defend any civil action or 
proceeding brought in any court against any person referred to in 
subsection (a) of this section (or his or her estate) for any such dam-
age or injury. Any such person against whom such civil action or pro-
ceeding is brought shall deliver, within such time after date of service 
or knowledge of service as determined by the Attorney General, all 
process served upon him or her or an attested true copy thereof to 
whomever was designated by the Secretary to receive such papers and 
such person shall promptly furnish copies of the pleading and process 
therein to the United States attorney for the district embracing the 
place wherein the proceeding is brought, to the Attorney General, and 
to the Secretary. 
Certification. 
"(c) Upon a certification by the Attorney General that the defend-
ant was acting within the scope of his or her employment in or for the 
,,^, 
Department of State or any other Federal department, agency, or 
instrumentality at the time of the incident out of which the suit arose, 
any such civil action or proceeding commenced in a State court shall 
be removed without bond at any time before trial by the Attorney 
General to the district court of the United States of the district and 
division embracing the place wherein it is pending and the proceeding 
deemed a tort action brought against the United States under the pro-
28 use 1 et seq. visions of title 28 of the United States Code and all references thereto. 
Should a United States district court determine on a hearing on a 
- • t *
£
D 
motion to remand held before a trial on the merits that the case so 
removed is one in which a remedy by suit within the meaning of subsec-
tion (a) of this section is not available against the United States, the 
case shall be remanded to the State court except that where such rem-
-. • - 
edy is precluded because of the availability of a remedy through pro-
ceedings for compensation or other benefits from the United States as 
provided by any other law, the case shall be dismissed, but in that 
event, the running of any limitation of time for commencing, or filing 
an application or claim in, such proceedings for compensation or 
other benefits shall be deemed to have been suspended during the 
pendency of the civil action or proceeding under this section. 
"(d) The Attorney General may compromise or settle any claim 
asserted in such civil action or proceeding in the manner provided in 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 829 
section 2677 of title 28 of the United States Code and with the same 
effect. 
"(e) For purposes of this section, the provisions of section 2680(h) 
of title 28 of the United States Code shall not apply to any tort enu-
merated therein arising out of negligence in the furnishing of medical 
care or related services, including the conducting of clinical studies or 
investigations. 
"(f) The Secretary may, to the extent he deems appropriate, hold 
harmless or provide liability insurance for any person to whom the 
immunity provisions of subsection (a) of this section apply, for dam-
ages for personal injury, including death, negligently caused by any 
such person while acting within the scope of his or her office or employ-
ment and as a result of the furnishing of medical care or related serv-
ices, including the conducting of clinical studies or investigations, if 
such person is assigned to a foreign area or detailed for service with 
other than a Federal agency or institution, or if the circumstances are 
such as are likely to preclude the remedies of third persons against the 
United States provided by sections 1346(b) and 2672 of title 28 of the 
United States Code, for such damage or injury. 
"(g) For purposes of this section, any medical rare or related serv-
ice covered by this section and performed abroad by a covered person 
at the direction or with the approval of the United States Ambassador 
or other principal representative of the United States in the area shall 
be deemed to be within the scope of employment of the individual 
performing the service.". 
Liability 
insurance. 
Medical care. 
APPOINTMENT OF AMBASSADORS 
SEC. 120. It is the sense of the (^ongress that a gi-eater number of 
positions of ambassador should be occupied by career personnel in the 
Foreign Service. 
DISCRIMINATION 
SEC. 121. Information should not be disseminated about opportunities 
for, and there should be no participation or other assistance by any 
officer or employee of the Department of State (including the Agency 
for International Development) in, the negotiation of any contract or 
arrangement with a foreign country, individual, or entity, if— 
(1) any United States person (as defined in section 7701 (a) (30) 
of the Internal Kevenue Code of 1954) is prohibited from entering 
into such contract or arrangement, or 
(2) such contract or arrangement requires that any such 
person be excluded from participating in the implementation of 
such contract or arrangement, 
on account of the race, religion, national origin, or sex of such person 
in the case of an individual or, in the case of a partnership, corpora-
tion, association, or other entity, any officer, employee, agent, director, 
or owner thereof. 
22 use 2661a. 
26 use 7701. 
A . -f*' i 
TITLE II—UNITED STATES INFORMATION AGENCY 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. (a) There are authorized to be appropriated for the United 
States Information Agency for fiscal year 1977, to carry out interna-
tional informational activities and programs under the United States 
Information and Educational Exchange Act of 1948, the Mutual Edu-
cational and Cultural Elxchange Act of 1961, and Reorganization 
22 use 1431 
note. 
22 use 2451 
note. 
90 STAT. 830 
PUBLIC LAW 94-350—JULY 12, 1976 
22 use 1461 
note. 
Plan Numbered 8 of 1953, and other purposes authorized by law, the 
following amounts: 
(1) For "Salaries and Expenses*' and "Salary and Expenses 
(special foreign currency program)", $255,925,000. 
(2) For "Special International Exhibitions", $4,841,000. 
(3) For "Acquisition and Construction of Radio Facilities", 
$2,142,000. 
(4) Such additional amounts as may be necessary for increases 
in salary, pay, retirement, other employee benefits authorized by 
law, or other nondiscretionary costs. 
(b) Amounts appropriated under this section are authorized to 
remain available until expended. 
TRANSFER AUTHORITY 
SEC. 202. Funds authorized to be appropriated for fiscal year 1977 
by any paragraph of section 201(a) (other than paragraph (4)) may 
be appropriated for such fiscal year for a purpose for which appropri-
ations are authorized by any other paragraph of such section (other 
. - ;; 
than paragraph (4)), except that the total amount appropriated for 
a purpose described in any paragraph of section 201(a) (other than 
paragraph (4)) may not exceed the amount specifically authorized for 
such purpose by section 201(a) by more than 10 per centum. 
PURCHASE OF UNIFORMS 
SEC. 203. Section 804 of the United States Information and Edu-
22 use 1474. 
cational Exchange Act of 1948 is amended— 
(1) by striking out "and" at the end of paragraph (12); 
(2) by striking out the period at the end of paragraph (13) 
and inserting in lieu thereof "; and"; and 
(3) by adding immediately after paragraph (13) the follow-
ing new paragraph: 
.,: ••- 
"(14) 
purcliase uniforms, when funds are appropriated 
therefor.". 
REPLACEMENT OF PASSENGER MOTOR VEHICLES 
SEC. 204. Title VIII of the United States Information and Educa-
, ,-^ . 
tional Exchange Act of 1948 is amended by adding at the end thereof 
the following new section: 
22 use 1475a. 
22 use 2451 
note. 
40 use 481. 
"REPLACEMENT OF PASSENGER MOTOR VEHICLES 
"SEC. 806. The exchange allowances or proceeds derived from the 
exchange or sale of passenger motor vehicles used abroad for purposes 
of this Act or the Mutual Educational and Cultural Exchange Act of 
1961 are authorized to be made available without fiscal year limita-
tion for replacement of an equal number of such vehicles in accord-
ance with section 201(c) of the Federal Property and Administrative 
Services Act of 1949.". 
. 
. 
22 use 1461. 
BICENTENNIAL DISTRIBUTION OF CERTAIN ITEMS PREPARED BY THE 
UNITED STATES INFORMATION AGENCY 
SEC. 205. (a) Notwithstanding the second sentence of section 501 
of the United States Information and Educational Exchange Act of 
1948, the Director of the United States Information Agency shall 
make available to the Administrator of General Services, for deposit 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 831 
in the National Archives of the Ignited States, a master copy of each 
of the films described in subsection (b) and 150 copies of the exhibit 
described in subsection (c) and the Administrator shall provide for the 
distribution of copies of such films and such exhibit for public view-
ing within the United States in conjunction with the commemoration 
of the American Revolution Bicentennial. 
(b) The films referred to in subsection (a) are the following films 
which were prepared by the ITnited States Information Agency: 
(1) "Echoes'', a film sketching the aspirations of American 
democracy as evoked by heroes and leaders of the past. 
(2) "Santa Fe", a film dealing with the historical and social 
development of Santa Fe, New Mexico, and the surrounding 
countryside, and with the influence of Spanish, Indian, and 
Mexican culture on life in the United States Southwest. 
(3) "The Numbers Start With the River", a film depicting 
the quality of life in a small midwestern American town as seen 
through the eyes of tAvo elderly, lifelong residents of the town. 
(4) "The Copland Portrait", a film depicting the life, work, 
and music of American composer Aaron Copland, including his 
early student years and early interest in music, his current work 
with young composers, and his still energetic public performance 
schedule. 
(5) "200", an impressionistic animated cartoon tracing the 
past two centuries of the development of America. 
(6) "Rendezvous", a film portraying the frontier life of 
American fur trappers. 
(7) "Century III—The Gift of Life", a film describing the 
advances that have been made in the United States, and the 
prospects for future such advances, in medical techniques such as 
organ transplants, prosthesis, and immunology. 
(c) The exhibit referred to in subsection (a) is the exhibit, pre-
pared by the United States Information Agency, entitled "Life, 
Liberty, and the Pursuit of Happiness". Such exhibit is a collection 
of pictures and captions, derived primarily from documents contem-
poraneous with the events represented, depicting early cultural life in 
the United States and tracing the early economic growth of the 
United States, the expansion westward, the development of the demo-
cratic spirit, and the establishment of American government and 
legal institutions. 
Films. 
VOICE o r AMERICA BROADCASTS 
SEC. 206. Title V of the United States Information and Educational 
Exchange Act of 1948 is amended by adding the following new 
section: 
"SEC. 503. The long-range interests of the United States are served 22 USC 1463. 
by communicating directly with the peoples of the world by radio. To 
be effective, the Voice of America (the Broadcasting Service of the 
United States Information Agency) must win the attention and 
respect of listeners. These principles will therefore govern Voice of 
America (VOA) broadcasts: 
"(1) VOA will serve as a consistently reliable and authoritative 
source of news. VOA news will be accurate, objective, and 
comprehensive. 
"(2) VOA will represent America, not any single segment of 
American society, and will therefore present a balanced and com-
prehensive projection of significant American thought and 
institutions. 
9-194 O—78—pt. 1 
56 
90 STAT. 832 
PUBLIC LAW 94-350—JULY 12, 1976 
4,i 
22 use 2877. 
"(3) VOA will present the policies of the United States 
clearly and effectively, and will also present responsible discus-
sion and opinion on these policies.". 
u 
. 
TITLE III—BOAED FOR INTERNATIONAL 
BROADCASTING 
AUTHORIZATION OF APPROPRIATIOKS 
SEC. 301. Section 8 of the Board of International Broadcasting Act 
of 1973 is amended to read as follows: 
bi> 
AUTHORIZATION OF APPROPRIATIONS 
22 use 2872. 
Supplies, services 
and personal 
property, 
procurement. 
"SEC. 8. (a) There are authorized to be appropriated to carry out 
the purposes of this Act for fiscal year 1977— 
"(1) $58,385,000, of which $5,000,000 shall be available only 
to the extent that the Director of the Office of Management and 
Budget determines (and so certifies to the Congress) is necessary, 
; 
because of downward fluctuations in foreign currency exchange 
rates in order to maintain the budgeted level of operation for 
Radio Free Europe and Radio Liberty; and 
" (2) such additional amounts as may be necessary for increases 
in salary, pay, retirement, and other employee benefits authorized 
by law, and for other nondiscretionary costs. 
Amounts appropriated under this section are authorized to remain 
available until expended. 
"(b) The Director of the Office of Management and Budget shall 
place in reserve and inform the Congress of any amount appropriated 
under this section which, because of upward fluctuations in foreign 
currency exchange rates, is in excess of the amount necessary to main-
tain the budgeted level of operation for Radio Free Europe and Radio 
Liberty.". 
SEC. 302. (a) Section 3(b) of the Board for International Broad-
casting Act of 1973 is amended— 
(1) in paragraph (1) — 
(A) in the first sentence, by striking out "seven members, 
two of whom shall be ex officio members" and inserting in lieu 
thereof "six members, one of whom shall be an ex officio mem-
ber", and 
(B) in the fourth sentence, by striking out "the chief oper-
ating executive of Radio Liberty shall be ex officio members" 
i 
and inserting in lieu thereof "Radio Liberty shall be an ex 
officio member"; 
(2) by amending paragraph (4) to read as follows: 
"(4) 
TERM OF OFFICE OF THE EX OFFICIO MEMBER.—The ex officio 
member of the Board shall serve on the Board during his term of serv-
ice as chief operating executive of Radio Free Europe and Radio 
Liberty."; and 
(3) in the third sentence of paragraph (5), by striking out "Ex 
officio members" and inserting in lieu thereof "The ex officio 
member". 
(b) Section 3 of such Act is further amended by adding at the end 
thereof the following new subsection: 
"(c) The Board may, to the extent it deems necessary to carry out 
its functions under this Act, procure supplies, services, and other 
personal property, including specialized electronic equipment.". 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 833 
(c) Paragraph (8) of section 4(a) of such Act is amended— 
22 USC 2873. 
(1) by striking out "30th day of October" and inserting in lieu 
thereof "31st day of January"; and 
(2) by striking out "June" and inserting in lieu thereof 
"September". 
, 
- -
TITLE IV—MISCELLANEOUS 
JAPAN-UNITED STATES FRIENDSHIP ACT 
r 
SEC. 401 The Japan-United States Friendship Act (Public Law 
94-118) is amended— 
22 USC 2901 
(1) in paragraph (10) of section 6 by striking out "from the ^^^rycp O
Q
A
C 
Secretary of State, on a reimbursable basis,"; 
(2) in section 3(d) by striking out the period at the end thereof 
22 USC 2902. 
and inserting in lieu thereof ", including interest and proceeds 
accruing to the Fund from such funds in accordance with sections 
6(4) andTof this Act."; 
(3) (A) in section 3(e) (1) by striking out the period at the end 
thereof and inserting in lieu thereof "and interest and proceeds 
accruing to the Fund from such funds in accordance with sections 
. i 
6 (4) and 7 of this Act."; and 
(B) in section 7(b) by inserting "of amounts authorized to be 22 USC 2906. 
appropriated under section 3(d) of this Act" immediately after 
"investment" in the second sentence. 
FOREIGN CURRENCY REPORTS 
SEC. 402. Section 502(b) of the Mutual Security Act of 1954 is 22 USC 1754. 
amended by adding at the end thereof the following new sentence: 
"Each such consolidated report shall be published in the Congressional 
Eecord within ten legislative days after it is forwarded pursuant to 
this subsection.". 
R E P O R T O N INTERNATIONAL BROADCASTING 
SEC. 403. Not later than January 31,1977, the President shall submit Report to 
to the Congress a report— 
Congress. 
(1) recommending steps to be taken to utilize more effectively 22 USC 2871 
the transmission facilities for international broadcasting, both °° ®
" 
existing and planned, of the United States Government; 
(2) examining the feasibility of greater cooperation with for-
eign countries to insure mutually efficient use of nationally owned 
and nationally funded transmission facilities for international 
broadcasting; 
(3) containing a comprehensive outline of projected needs for 
United States international broadcasting operations based on 
anticipated language requirements and anticipated cooperation 
among various agencies of the United States Government, United 
States Government-funded organizations, and foreign govern-
ments involved in international broadcasting; and 
(4) recommending steps which should be taken to extend broad-
casting operations similar to those carried out under the Board 
for International Broadcasting Act of 1973 to additional countries 22 USC 2871 
where access to information is restricted by the policies of the "°*®-
governments of such countries. 
90 STAT. 834 
PUBLIC LAW 94-350—JULY 12, 1976 
Foreign Service 
TITLE V—FOKEIG^ SERVICE RETIREMENT 
Retirement 
Amendments of 
1976. 
SHORT TITLE 
22 use 801 note. 
SEC. 500, This title may be cited as the "Foreign Service Retire-
ment Amendments of 1976". 
FOREIGN SERVICE STAFF PARTICIPATION" 
22 use 1063. 
SEC. 501. (a) Section 803 of the Foreign Service Act of 1946 is 
amended by adding the following paragraph at the end of subsection 
(a) thereof: 
"(4) All Foreign Service staff officers and employees appointed by 
the Secretary of State or the Director of the United States Infor-
mation Agency with milimited appointments.". 
(b) Section 803 of such Act is further amended by changing the 
reference at the end of subsection (b)(2) from "852(b)" to "811". 
(c) Section 803 of such Act is further amended by striking out sub-
section (c) thereof. 
DEFINITIONS 
22 use 1064. 
SEC. 502. (a) The caption of section 804 of such Act is amended to 
read "DEFINITIONS". 
(b) Section 804 of such Act is amended by striking out all of such 
section except paragraphs (4), (5), and (6) of subsection (b) and 
inserting in lieu thereof the following: 
"When used in this title unless otherwise specified, the term— 
"(1) 'Annuitant' means any person including a former participant 
, 
; 
or survivor who meets all requirements for an annuity from the Fund 
under the provisions of this or any other Act and who has filed claim 
therefor. 
"(2) 'Surviving spouse' means the surviving wife or husband of a 
participant or annuitant who, in the case of a death in Service or 
marriage after retirement, was married to the participant or annuitant 
for at least two years innnediately preceding his or her death or is the 
parent of a child born of the marriage. 
22 use 1086. 
"(3) 'Child', except in section 841, means an unmarried child, under 
Post, p. 840. 
the age of eighteen years, or such unmarried child regardless of age 
who because of physical or mental disability incurred before age 
eighteen is incapable of self-support. In addition to the offspring of 
the participant, such term includes (A) an adopted child, (B) a 
stepchild or recognized natural child who received more than one-half 
support from the participant, and (C) a child who lived with and 
for whom a petition of adoption was filed by a participant, and who 
is adopted by the surviving spouse of the participant after the latter's 
death. Such term also includes an unmarried student below the age 
of twenty-two years. For this purpose a child whose twenty-second 
birthday occurs before July 1 or after August 31 of a calendar year, 
and while a student is deemed to have become twenty-two years of age 
^ 
on the first day of July after that birthday. 
"(4) 'Student' means a child regularly pursuing a full-time course 
of study or training in residence in a high school, trade school, tech-
nical or vocational institute, junior college, college, vmiversity, or 
) 
,: 
comparable recognized educational institution. A child who is a stu-
dent shall not be deemed to have ceased to be a student during any 
interim between school years, semesters, or terms if the interim or 
other period of nonattendance does not exceed five calendar months 
and if the child shows to the satisfaction of the Secretary that he or 
PUBLIC LAW 94-350—JULY 12, 1976 
' 
90 STAT. 835 
she has a bona fide intention of continuing to pursue such course during 
the school year, semester, or term immediately following the interim. 
"(5) 'Military and naval service'means honorable active service— 
" (A) in the Armed Forces of the United States; 
. , 
"(B) in the Regular or Reserve Corps of the Public Health 
Service after June 30,1960; or 
"(C) as a commissioned officer of the National Oceanic and 
Atmospheric Administration or predecessor organization after 
June 30, 1961; 
but does not include service in the National Guard except when ordered 
to active duty in the service of the United States. 
"(6) 'Foreign Service normal cost' means the level percentage of 
payroll required to be deposited in the Fund to meet the cost of bene-
fits payable under the System (computed in accordance with generally 
accepted actuarial practice on an entry-age basis) less the value of 
retirement benefits earned under another retirement system for Gov-
ernment employees and less the cost of credit allowed for military 
service.". 
(c) Section 804 of such Act is further amended by redesignating 22 USC 1064. 
present paragraphs (4), (5), and (6) of subsection (b) as paragraphs 
(7), (8), and (9), respectively. 
CONFORMITY AVITH CIVIL SERVICE RETIREMENT SYSTEM 
SEC. 503. Immediately after section 804 of such Act, insert the 
followins; new section: 
"AUTHORITY TO MAINTAIN EXISTING AREAS OF CONFORMITY 
BETWEEN 
CIVIL SERVICE AND FOREIGN SERVICE RETIREMENT SYSTEMS 
"SEC. 805. (a) In order to maintain existing conformity between the 22 USC 1065. 
Civil Service Retirement and Disability System and the Foreign Serv-
ice Retirement and Disability System, whenever (subsequent to Jan-
uary 1, 1974) a law is enacted which affects a provision of general 
applicability in the Civil Service Retiremeiit and Disability System 
(subchapter III, chapter 83, title 5, United States Code) or otherwise 5 USC 8331. 
affects current or former participants, annuitants, or survi\ois under 
that System which, immediately prior to the enactment of such law, 
had been substantially identical to a correspoiuling i>rovision of law 
affecting participants, former participants, annuitants, or survivors 
under the Foreign Service Retirement and Disability System, such new 
•
• t ; 
provision of law shall be deemed to extend to the lattei- System so that 
it applies in like manner with respect to such Foreign Service Retire-
ment and Disability System participants, former jiarticipants, annui-
tants, or survivors. The President is authorized by P^xecutive order to Regulations. 
prescribe regulations to implement this section and to make such 
extension retroactive to a date no earlier than the effectixe date of such 
provision for the Civil Service Retirement and Disability System. 
"(b) Any provisions of an Executive order issued under the 
authority of this section shall modify, supersede, or render inapplica-
ble, as the case may be, to the extent inconsistent thereAvith— 
"(1) all provisions of law enacted prior to the effective date of 
the provision of such Executive order, and 
"(2) any prior provision of an Executive order issued under 
authority of this section.". 
90 STAT. 836 
PUBLIC LAW 94-350—JULY 12, 1976 
Special 
contribution. 
CONTRIBUTIONS 
SEC. 504. (a) The heading of part B of title V I I I of such Act is 
amended to read "CONTRIBUTIONS TO THE F U N D " . 
22 use 1071. 
(b) Section 811 of such Act is amended by adding the following 
at the end thereof: 
Transfer. 
"(c) (1) If an officer or employee under another retirement system 
for Government employees becomes a participant in the system by 
direct transfer, such officer or employee's total contributions and 
deposits that would otherwise be refundable on separation including 
interest accrued thereon, except voluntary contributions, shall be 
transferred to the Fund effective as of the date such officer or employee 
becomes a participant in the System. Each such officer or employee 
shall be deemed to consent to the transfer of sucli funds and such 
transfer shall be a complete discharge and acquittance of all claims 
and demands against the other Government retirement fund on 
account of service rendered prior to becoming a participant in the 
system. 
:i.,:i>[ 
; 
"(2) No officer or employee, whose contributions ai'e transferred 
to the Fund in accordance with the provisions of subsection (c) (1) 
of this section, sliall be required to make contributions in addition 
to those transferred, for jieriods of service foi' which required con-
tributions were made to the other Government retirement fund, nor 
shall any refund be made to any sucli officer or employee on account 
of contributions made during any period to the other Government 
retirement fund, at a higher rate than that fixed by subsection (d) 
of this section. 
"(d) Any participant credited with civilian service after July 1, 
1924 (1) for which no retirement contributions, deductions, or deposits 
liave been made, or (2) for which a refund of such conti'ibutions, 
""'' 
deductions, or deposits has been made which has not been redeposited, 
- ; 
may make a special contribution to the Fund equal to the following 
percentages of basic salary received for such services: 
Percent of 
Service: 
basic salary 
. 
> r ; 
From July 1, 1921, to October 15, 1960, inclusive 
5 
From October 16, 1960, to December 31, 1969, inclusive 
6i/^ 
On and after January 1, 1970 
7 
Notwithstanding the foregoing, a special conti-ibution for prior nonde-
posit service as a National Guard technician Avhich would be creditable 
5 use 8331. 
under subchapter I I I , chapter 83, title 5, of the United States Code 
toward civil service retirement and for which a special contribution 
has not been made, shall be equal to the special contribution for such 
service computed in accordance with the above schedule multiplied 
^.105-'.;• 
by the percentage of such service that is creditable under section 851. 
Special contributions shall include interest computed from the mid-
point of each service period included in the computation, or from the 
date refund was paid, to the date of payment of the special contribution 
Interest rate. 
or commencing date of annuity, whichever is eai'lier. Interest shall be 
compounded at the rate of 4 per centum per annum to December 31, 
1976, and at 3 per centum per annum thereafter. No interest shall be 
charged on special contributions made after the effective date of the 
Ante, p. 834. 
Foreign Service Retirement Amendments of 1976 for any peiiod of 
separation from Government service which began before October 1, 
1956. Special contributions may be paid in installments when author-
ized by the Secretary. 
" (e) No contributions shall be required for any periods of military 
or naval service. 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 837 
"(f) A participant or survivor may make a special contribution any 
time before receipt of annuity and may authorize payment by offset 
against initial annuity accruals.". 
^ 
COMPUTATION OF ANNUITIES 
SEC. 505. (a) The heading of part C of title V I I I of such Act is 
amend to read "COMPUTATION AND PAYMENT OF ANNUITIES". 
(b) Subsection (a) of section 821 of such Act is amended (1) by 22 USC 1076. fj; 
striking out the phrase "for which full contributions have been made 
to the Fund" each time it appears and by striking out the commas 
immediately preceding and following such phrase the first time it 
appears, (2) by striking out ", 852", and (3) by adding the following 
sentence at the end thereof: "The annuity shall be reduced by 10 per 
centum of any special contribution described in section 811 (d) due for ^^^«' P- ^36. 
service for which no contributions were made and remaining unpaid 
unless the participant elects to eliminate the service involved for pur-
poses of annuity computation.". 
(c) Subsection (b) of section 821 of such Act is amended to read 
as follow^s: 
" ( b ) ( 1 ) Unless elected in writing to the contrary at the time of 
retirement, any married participant shall receive a reduced annuity 
and provide a maximum survivor annuity for his or her spouse. Such 
: 
a participant's annuity or any portion thereof designated in writing 
by the participant as the base for the survivor benefit shall be reduced 
by 21/^ per centum of the first $3,600 plus 10 per centum of any amount 
over $3,600. If an annuitant entitled to receive a reduced annuity 
^ 
under this subsection dies and is survived by a spouse, a survivor annu-
ity shall be paid to the surviving spouse equal to 55 per centum of the 
full amount of the participant's annuity computed under subsection 
(a) of this section, or by 55 per centum of any lesser amount the 
annuitant designated at the time of retirement as the base for the 
survivor benefit. 
" (2) An annuity payable from the Fund to a surviving spouse shall 
commence on the day after the annuitant dies and shall terminate on 
the last day of the month before the survivor's (A) remarriage prior to 
attaining age sixty, or (B) death. If a survivor annuity is terminated 
because of remarriage under clause (A) above, it shall be restored at 
the same rate commencing on the date such remarriage is terminated 
= cr 
provided any lump sum paid upon termination of the annuity is 
returned to the Fund.". 
(d) Subsection (d) of section 821 of such Act is amended by adding 
the following sentence at the end thereof: "If the annuity to a surviv- 
;. 
<
. > 
ing child is initiated or resumed, the annuities of any other children 
shall be recomputed and paid from that date as though the annuities to 
-
all currently eligible children in the family were then being initiated.". 
. ;,. ;.,,, 
(e) Subsection (e) of section 821 of such Act is amended to read as 
' 
follows: 
"(e) The annuity payable to a child under subsection (c) or (d) 
of this section shall begin on the day after the participant dies or if 
the child is not then qualified, on the first day of the month in which 
the child becomes eligible. A child's annuity shall terminate on the 
%/«#' 
last day of the month which precedes the month in which eligibility 
ceases.". 
(f) Subsection (f) of section 821 of such Act is amended (1) by 
striking out "50" in the first sentence and inserting in lieu thereof "55", 
and (2) by striking out the last two sentences and inserting in lieu 
thereof the following: "The annuity payable to a beneficiary under 
90 STAT. 838 
PUBLIC LAW 94-350—JULY 12, 1976 
22 use 1076. 
22 use 1064. 
Post, p. 843. 
the provisions of this subsection shall begin on the day after the 
annuitant dies and shall terminate on the last day of the month preced-
ing the survivor's death.". 
(g) Section 821 of such Act is further amended by adding the fol-
lowing new subsections at the end thereof: 
"(g) An annuitant who was married at retirement and who later 
marries may, within one year after such marriage, irrevocably elect 
in writing a reduced annuity with benefit to any surviving spouse 
who qualifies under section 804(2). Receipt by the Secretary of notice 
of an election under this subsection voids prospectively any election 
previously made under subsection (f). The reduction in annuity 
required by an election under this subsection shall be computed and 
the amount of the survivor annuity shall be determined as if the elec-
tion were made under subsection (b)(1). The annuity reduction or 
recomputation shall be effective the first day of the month after notice 
of the election is received by the Secretary. 
"(h) A surviving spouse shall not become entitled to a survivor 
annuity or to the restoration of a survivor annuity payable from the 
Fund unless the survivor elects to receive it instead of any other sur-
vivor annuity to which he or she may be entitled under this or any 
other retirement system for Government employees. 
"(i) Any married annuitant who reverts to retired status with 
entitlement to a supplemental annuity under section 871 shall, unless 
the annuitant elects in writing to the contrary at that time, have the 
supplemental annuity reduced by 10 per centum to provide a supple-
mental survivor annuity for his or her spouse. Such supplemental 
survivor annuity shall be equal to 65 per centum of the annuitant's 
supplemental annuity and shall be payable to a surviving spouse to 
whom the annuitant was married at the time of reversion to retired 
status or to whom the annuitant had been married for at least two 
years at the time of death or who is the parent of a child born of 
the marriage.". 
PAYMENT OF ANNUITIES 
SEC. 506. Part C of title VIII of such Act is further amended by 
adding the following new section at the end thereof: 
PAYMENT OF ANNUITY 
22 use 1076a. 
"SEC. 822. (a) Except as otherwise provided, the annuity of a 
former participant who has met the eligibility requirements for 
annuity shall commence on the day after separation from the Service 
or on the day after pay ceases. The annuity of a former participant 
22 use 1084. 
who is entitled to a deferred annuity under section 834 or under any 
other section of this Act shall begin on the day he or she reaches 
age sixty. 
Application. 
"(b) The annuity to a survivor shall become effective as other-
wise specified but shall not be paid until the survivor submits an 
application therefor supported by such proof of eligibility as the 
Secretary may require. If such application or proof of eligibility is 
not submitted during an otherwise eligible person's lifetime, no 
annuity shall be due or payable to his or her estate. 
Waiver. 
"(c) An individual entitled to annuity from the Fund may decline 
to accept all or any part of the annuity by submitting a signed waiver 
to the Secretary. The wai\er may be revoked in writing at any time. 
Payment of the annuity waived may not be made for the period during 
which the waiver was in effect. 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 839 
"(d) Recovery of overpayments under this title may not be made 
>
• * Li 
from an individual when, in the judgment of the Secretary, the indi-
vidual is without fault and recovery would be against equity and good 
conscience or administratively infeasible.". 
i-
DISABILITY ANNUITIES 
SEC. 507. Section 831 of such Act is amended— 
22 USC 1081. , 
(1) in subsection (a) thereof by striking out "that is credited 
in accordance with provisions of section 851 or 852(a) (2)"; 
(2) in subsection (c) thereof by striking out "(a)" following 
"section 841"; 
(3) by amending subsection (d) thereof to read as follows: 
"(d) No participant shall be entitled to receive an annuity under 
this Act and compensation for injury or disability to himself or her-
self under subchapter I of chapter 81, title 5, United States Code, 5 USC 8101. 
covering the same period of time except that a participant may simul-
taneously receive both an annuity under this section and scheduled 
disability payments under section 8107 of title 5, United States Code. 
This provision shall not bar the right of any claimant to the greater 
benefit conferred by either this Act or such subchapter for any part 
of the same period of time. Neither this provision nor any provision 
of such subchapter shall be so construed as to deny the right of any 
participant to receive an annuity under this Act and to receive con-
currently any payment under such subchapter by reason of the death 
of any other person."; and 
^r j 
(4) in subsection (e) thereof by striking out "section 14 of the 
Act of September 16, 1916, as amended" and inserting in lieu 
thereof "section 8135 of title 5, United States Code". 
DEATH IN SERVICE 
SEC. 508. (a) Section 832 of such Act is amended by amending sub- 22 USC 1082. 
sections (a), (b), (c), and (d) to read as follows: 
"(a) If a participant dies and no claim for annuitj^ is payable under 
the provisions of this Act, the lump-sum credit shall be paid in accord-
ance with section 841. 
Post, p. 840. 
"(b) If a participant who has at least eighteen months of civilian 
service credit toward retirement under the system dies before separa-
tion or retirement from the Service and is survived by a spouse, such 
surviving spouse shall be entitled to an annuity equal to 55 per centum 
of the annuity computed in accordance with the provisions of subsec-
tion (e) of this section and of section 821(a) and if the participant 
22 USC 1076. 
had less than three years creditable civilian service at the time of 
death, the survivor annuity shall be computed on the basis of the 
average salary for the entire period of such service. 
"(c) If a participant who has at least eighteen months of civilian 
service credit toward retirement under the system dies before separa-
tion or retirement from the Service and is survived by a wife or a 
husband and a child or children, each surviving child shall be entitled 
to an annuity computed in accordance with subsections (c) (1) and (d) 
of section 821. 
"(d) If a participant who has at least eighteen months of civilian 
service credit toward retirement under the system dies before separa-
tion or retirement from the Service and is not survived by a wife or 
husband, but by a child or children, each surviving child shall be 
entitled to an annuity computed in accordance with subsections (c)(2) 
and (d) of section 821.". 
90 STAT. 840 
PUBLIC LAW 94-350—JULY 12, 1976 
22 use 1082. 
(b) Section 832 of this Act is further amended by adding the follow-
ing new subsections at the end: 
"(f) If an annuitant who elected a reduced annuity dies in service 
22 use 915. 
after being recalled under section 520(b) and is survived by a spouse 
entitled to a survivor annuity based on such an election, such survivor 
annuity shall be computed as if the recall service had otherwise termi-
nated on the day of death and the deceased's annuity had been resumed 
Post, p. 843. 
in accordance with section 871. If such a death occurs after the annui-
tant had completed sufficient recall service to attain eligibility for a 
supplemental annuity, a surviving spouse, in addition to any other 
benefits, shall be entitled to elect, in lieu of a refund of retirement 
contributions made during the recall service, a supplemental survivor 
22 use 1076. 
annuity computed and paid under section 821 (i) as if the recall service 
had otherwise terminated. If the annuitant had completed sufficient 
recall service to attain eligibility to have his or her annuity deter-
mined anew, a surviving spouse may elect, in lieu of any other benefit 
under this title, to have the annuitant's rights redetermined and to 
receive a survivor annuity computed under subsection (b) of this 
section on the basis of the annuitant's total service. 
"(g) Annuities that become payable under this section shall com-
mence, terminate, and be resumed in accordance with subsection (b) 
(2), (e), or (h) of section 821, as appropriate.". 
22 use 1084. 
"Lump-sum 
credit." 
22 use 1086. 
rtvOi M 
eontributions 
returned. 
DISCONTINUED SERVICE 
TECHNICAL CHANGE 
SEC. 509. Section 834 of such Act is amended (1) by striking out 
" ( a ) " immediately following "SEC. 834."; (2) by striking out "that 
is credited in accordance with the provisions of section 851 or 852(a) 
(2)" in subsection (a) thereof; and (3) by striking out subsection (b) 
thereof. 
LUMP-SUM PAYMENTS 
SEC. 510. Part E of title V I I I of such Act is amended to read as 
follows: 
"PART E — L U M P - S U M PAYMENTS 
"SEC. 841. (a) 'Lump-sum credit' as used in this title means the 
compulsory and special contributions to a participant's or former 
participant's credit in the Fund plus interest thereon compounded at 
4 per centum per annum to the date of separation or December 31, 
1976, whichever is earlier, and after such date for a participant who 
separates from the Service after completing at least one year of civilian 
service and before completing five years of such service, at the rate 
of 3 per centum per annum to the date of separation. Interest shall 
not be paid for a fractional part of a month in the total service or on 
compulsory and special contributions from an annuitant for recall 
service or other service performed after the date of separation which 
forms the basis for annuity. 
"(b) Whenever a participant becomes separated from the Service 
without becoming eligible for an annuity or a deferred annuity in 
accordance with the provisions of this Act, the lump-sum credit shall 
be paid to the participant. 
"(c) Whenever an annuitant becomes separated from the Service 
following a period of recall service without becoming eligible for a 
supplemental or recomputed annuity under section 871, the annuitant's 
compulsory contributions to the Fund for such service together with 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 841 
any special contributions the annuitant may liave made for other serv- 
>
' *
' 
ice performed after the date of separation from the Service which 
forms the basis for annuity, shall be returned. 
"(d) If all annuity rights under this title based on the service of 
, 
a deceased participant or annuitant terminate before the total annuity 
~ 
jDaid equals the lump-sum credit, the difference shall be paid in the 
order of precedence shown in subsection (g) of this section. 
"(e) If a participant or former participant dies and is not survived 
by a person eligible for an annuity under this title or by such a person 
or persons all of whose annuity rights terminate before a claim for > 
survivor annuity is filed, the lump-sum credit shall be paid in 
accordance with subsection (g) of this section. 
"(f) If an annuitant who was a former participant dies, annuity 
accrued and unpaid, shall be paid in accordance with subsection (g) 
of this section. 
"(g) Payments authorized in subsections (d) through (f) of this 
section shall be paid in the following order of precedence to such person 
or persons surviving the participant and alive on the date entitlement 
to the payment arises, upon the establishment of a valid claim there-
for, and such payment shall be a bar to recovery by any other person: 
"(1) to the beneficiary or beneficiaries last designated by the 
participant before or after retirement in a signed and witnessed 
writing received by the Secretary prior to the participant's death, 
for which purpose a designation, change, or cancellation of bene-
ficiary in a will or other document not so executed and filed shall 
have no force or effect; 
"(2) if there be no such beneficiary, to the surviving wife or 
husband of such participant; 
"(3) if none of the above, to the child or children of such par-
ticipant (including adopted and natural children but not step-
children) and descendants of deceased children by representation; 
"(4) if none of the above, to the parents of such participant 
or the survivor of them; 
"(5) if none of the above, to the duly appointed executor or 
administrator of the estate of such participant; and 
"(6) if none of the above, to other next of kin of such partic-
ipant as may be determined in the judgment of the Secretary to 
be legally entitled thereto, except that no payment shall be made 
, , 
..'' 
pursuant to this paragraph (6) until after the expiration of 
~-:i'v;'t>^-
thirty days from the death of the participant or annuitant. 
" (h) Annuity accrued and unpaid on the death of a survivor annui-
tant shall be paid in the following order of precedence, and the pay-
ment bars recovery by any other person: First, to the duly appointed 
executor or administrator of the estate of the survivor annuitant; 
second, if there is no such executor or administrator, payment may be 
made, after the expiration of thirty days from the date of death of 
such survivor annuitant, to such person^as may be determined by the 
Secretary to be entitled under the laws of the survivor annuitant's 
domicile at the time of death. 
" (i) Amounts deducted and withheld from basic salary of a partici-
pant under section 811 from the beginning of the first pay period after 
22 USC 1071. 
the participant has completed thirty-five years of service computed 
under sections 851 and 853, but excluding service credit for unused Post, p. 842. 
sick leave under subsection (b) of section 851, together with interest 
22 USC 1093. 
on the amounts at the rate of 3 per centum a year compounded annually 
from the date of the deduction to the date of retirement or death, shall 
be applied toward any special contribution due under subsection (d) 
90 STAT. 842 
PUBLIC LAW 94-350—JULY 12, 1976 
Ante, p. 836. 
of section 811, and any balance not so required shall be refunded in a 
lump sum to the participant after separation or, in the event of a 
death in service, to a beneficiary in the order of precedence specified 
in subsection (g) of this section.". 
22 use 1091. 
Special 
contribution. 
CREDITABLE SERVICE 
SEC. 511. (a) The heading of section 851 of such Act is amended 
to read as follows: "CREDITABLE SERVICE". 
(b) Subsection (a) of section 851 of such Act is amended to read 
as follows: 
"(a) Except as otherwise specified by law, all periods of civilian 
and military and naval service and periods of absence and separation 
therefrom completed by a participant through the date of final separa-
tion from the Service that would be creditable, as determined by the 
Secretary, under section 8332 of title 5, United States Code, toward 
retirement under the Civil Service Retirement and Disability System, 
if performed by an employee under that system, shall be creditable for 
purposes of this title. Conversely, any such service performed after 
December 31, 1976, that is not creditable under specified conditions 
under section 8332 of title 5, United States Code, shall be excluded 
under this title under the same conditions.". 
(c) Section 851 of such Act is further amended by adding the fol-
lowing new subsections at the end thereof: 
"(c) (1) A participant who enters on approved leave without pay 
to serve as a full-time officer or employee of an organization composed 
primarily of Government employees may, within sixty days after 
entering on that leave without pay, file with the employing agency 
an election to receive full retirement credit for such periods of leave 
without pay and arrange to pay concurrently into the Fund through 
the employing agency, amounts equal to the retirement deductions and 
agency contributions on the Foreign Service salary rate that would 
be applicable if the participant were in a pay status. If the election 
and all payments provided by this subsection are not made for the 
periods of such leave without pay occurring after the effective date 
of this subsection, the participant may not receive any credit for such 
periods of leave without pay occurring after such date. 
"(2) A participant may make a special contribution for any period 
or periods of approved leave without pay while serving, before the 
effective date of this subsection, as a full-time officer or employee of 
an organization composed primarily of Government employees. Any 
such contribution shall be based upon the suspended Foreign Service 
salary rate, and shall be computed in accordance with section 811. A 
participant who makes such a contribution shall be allowed full retire-
ment credit for the period or periods of leave without pay. If this 
contribution is not made, up to six months' retirement credit shall be 
allowed for such periods of leave without pay each calendar year. 
"(d) A participant who has received a refund of retirement con-
tributions (which has not been repaid) under this or any other retire-
ment system for Government employees covering service which may 
be creditable may make a special contribution for such service pur-
suant to section 811. Credit may not be allowed for service covered 
by the refund unless the special contribution is made. 
"(e) No credit in annuity computation shall be allowed for any 
period of civilian service for which a participant made retirement 
contributions to another retirement system for Government employees 
unless (1) the right to any annuity under the other system which is 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 843 
based on such service is waived, and (2) a special contribution is made 
covering such service pursuant to section 811. 
22 USC 1071. 
"(f) A participant who during the period of a war, or of a national 
emergency as proclaimed by the President or declared by the Con-
gress, leaves the Service to enter the military service is deemed, for 
the purpose of this title, as not separated from the Service unless the 
participant applies for and receives a lump-sum payment under 
section 841. However, the participant is deemed to be separated from Ante, p. 840. 
the Service after the expiration of five years of such military service.". 
FUNDING NORMAL COST 
SEC. 512. Section 865 of such Act is amended (1) by inserting "(a)" 
immediately after "SEC. 865.", and (2) by adding the following new 
subsection at the end thereof: 
"(b) There is authorized to be appropriated to the Fund for each 
fiscal year an amount equal to the amount of the Foreign Service 
normal cost for that year which is not met by contributions to the 
Fund under section 811 (a).". 
22 USC 1105. 
ANNUITY ADJUSTMENT FOR RECALL SERVICE 
SEC. 513. Section 871 of such Act is amended to read as follows: 
22 USC n i l . 
u 
ANNUITY ADJUSTMENT FOR RECALL SERVICE 
"SEC. 871. Any annuitant recalled to duty in the Service in accord-
ance with the provisions of section 520(b) ^hall, while so serving, be Post, p. 845. 
entitled in lieu of annuity to the full salary of the class in which serv-
ing. During such service, the recalled annuitant shall make contri-
butions to the Fund in accordance with the provisions of section 811. 
On the day following termination of the recall service, the former 
annuity shall be resumed adjusted by any cost-of-living increases 
under section 882 that became effective during the recall period. If the Post, p. 844. 
recall service lasts less than one year, the annuitant's contributions to 
the Fund during recall service shall be refunded in accordance with 
section 841. If the recall service lasts more than one year, the annuitant 
may, in lieu of such refund, elect a supplemental annuity computed 
under section 821 on the basis of service credit and average salary Ante, p. 837. 
earned during the recall period irrespective of the number of years of 
service credit previously earned. If the recall service continues for at 
least five years, the annuitant may elect to have his or her annuity 
determined anew under section 821 in lieu of any other benefits under 
this section. Any annuitant who is recalled under section 520(b) may, 
upon written application, count as recall service any prior serv-
ice that is creditable under section 851 that was performed after the 
>r 
separation upon which his or her annuity is based.". 
VOLUNTARY CONTRIBUTIONS 
SEC. 514. (a) Section 881 (a) of such Act is amended by striking out 22 USC 1116. 
that portion of such section which precedes paragraph (1) and insert-
ing in lieu thereof the following: 
"(a) The Voluntary contribution account shall be the sum of unre- Interest rate, 
funded amounts heretofore voluntarily contributed by any participant 
or former participant under this section or under a prior correspond-
ing provision of law, plus interest compounded at the rate of 3 per 
centum per annum to date of separation from the Service or in case of 
a participant or former participant separated with entitlement to 
90 STAT. 844 
PUBLIC LAW 94-350—JULY 12, 1976 
22 use 1116. 
Lump-sum 
payment. 
Ante, p. 840. 
a deferred annuity to the date the voluntary contribution account is 
claimed, or to the commencing date fixed for the deferred annuity or 
to the date of death, whichever is earlier. A participant's or former 
participant's account shall, effective on the date the participant 
becomes eligible for an annuity or a deferred annuity and at the 
participant's election, be—". 
(b) Section 881 of such Act is further amended by striking out sub-
sections (c) and (d) thereof and by inserting in lieu thereof the 
following: 
"(c) A voluntary contribution account shall be paid in a lump sum 
following receipt of an application therefor from a present or former 
participant provided application is filed prior to payment of any addi-
tional annuity. If not sooner paid, the account shall be paid at such 
time as the participant separates from the Service for any reason 
without entitlement to an annuity, or a deferred annuity or at such 
time as a former participant dies or withdraws compulsory contribu-
tions to the Fund. In case of death, the account shall be paid in the 
order of precedence specified in section 841 (g).". 
COST-OF-LIVING 
ADJUSTMENTS 
SEC. 515. (a) Subsections (a), (b), and (c) of section 882 of such 
22 use 1121. 
Act are amended to read as follows: 
"(a) A cost-of-living annuity increase shall become effective under 
this section on the effective date of each such increase under section 
8340(b) of title 5, United States Code. Each such increase shall be 
ty 
applied to each annuity payable from the Fund which has a com-
mencing date not later than the effective date of the increase. 
"(b) The first annuity increase under this section after the effective 
date of this paragraph shall equal the per centum rise in the price 
index, adjusted to the nearest one-tenth of 1 per centum, between the 
month last used to establish an increase under this section and the 
base month used to establish the concurrent increase under section 
8340(b) of title 5, United States Code. Each subsequent annuity 
increase under this section shall be identical to the corresponding 
percentage increase under section 8340(b) of title 5, United States 
Code. 
Eligibility. 
"(c) Eligibility for an annuity increase under this section shall be 
governed by the commencing date of each annuity payable from the 
Fund as of the effective date of an increase except as follows: 
"(1) An annuity, except a deferred annuity under section 834 
or any other section of this Act, payable from the Fund to a 
participant who retires and receives an immediate annuity, or to 
a surviving spouse of a deceased participant who dies in service 
or who dies after being separated under the provisions of section 
22 use 1004. 
634(b) (2), which has a commencing date after the effective date 
of the then last preceding general annuity increase under this 
section shall not be less than the annuity which would have been 
payable if the commencing date of such annuity had been the 
effective date of such last preceding increase. In the administra-
tion of this paragraph, the number of days of unused sick leave 
to an employee's or deceased employee's ciedit on the effective 
,„j ,,, ,
^ 
date of the then last preceding general annuity increase under 
this section shall be deemed to be equal to the number of days 
of unused sick leave to his or her credit on the day of separation 
from the Service. 
"(2) Effective from its commencing date, an annuity payable 
from the Fund to an annuitant's survivor, except a child entitled 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 845 
under section 821(c) or 832 (c) or (d), shall be increased by the 
22 USC 1076. 
total per centum increase the annuitant was receiving under this 
^"'«' P- ^^'^• 
section at death. 
"(3) For purposes of computing or recomputing an annuity to 
a child under section 821 (c) or (d) or 832 (c) or (d), the items 
$900, $1,080, $2,700 and $3,240 appearing in section 821(c) shall 
. 
\, 
be increased by the total per centum increases by which corre- 
' 
sponding amounts are being increased under section 8340 of title 
5, United States Code, on the date the child's annuity becomes 
effective.", 
(b) Section 882 of such Act is further amended by adding the 
22 USC 1121. 
following now subsection at the end thereof: 
"(f) Effective the first day of the second month which begins after 
the effective date of the Foreign Service Retirement Amendments of 
1976 or on the commencing date of an annuity, whichever is later, the 
Ante, p. 834. 
annuity of each surviving spouse whose entitlement to annuity resulted 
from the death— 
" (1) before the effective date of the Foreign Service Retirement 
Amendments of 1976, of (A) a participant, or (B) a former par-
ticipant entitled to benefits under section 634 ( b ) ; or 
22 USC 1004. 
"(2) of an annuitant who, prior to the effective date of the 
Foreign Service Retirement Amendments of 1976, elected a 
reduced annuity under this or any other Act in order to provide 
a spouse's survivor annuity; 
shall be increased by 10 per centum.". 
REPEALS 
SEC. 516. Sections 833, 852, and 854 of such Act are repealed. 
22 USC 1083, 
1092, 1094. 
RECALL 
SEC. 517. (a) The caption of section 520 of such Act is amended to 
22 USC 915. 
read "REAPPOINTMENT AND RECALL". 
(b) Subsection (b) of section 520 of such Act is amended to read 
as follows: 
"(b) Whenever the Secretary determines it to be in the public 
interest, any retired officer or employee of the Service may be recalled 
for active duty on a temporary or limited basis to any appropriate 
class in his or her former category, except that a retired Foreign 
Service officer may not be recalled to a class higher than he or she held 
at the time of retirement unless appointed to the higher class by the 
President by and with the advice and consent of the Senate.". 
RETIREMENT OF CAREER AMBASSADORS 
SEC. 518. Section 631 and the heading thereto of such Act are 
22 USC 1001. 
amended to read as follows: 
"FOREIGN SERVICE OFFICERS WHO ARE CAREER AMBASSADORS 
' 
' 
"SEC. 631. Any Foreign Service officer who is a career ambassador, 
other than one occupying a position as chief of mission or any other 
position to Avhich appointed by the President, by and with the advice 
and consent of the Senate, shall be retired from the Service at the end 
of the month in which the officer reaches age sixty-five and receive 
retirement benefits in accordance with the provisions of section 821, Ante, p. 837. 
but whenever the Secretary shall determine it to be in the public 
interest, such an officer may be retained on active service for a period 
90 STAT. 846 
PUBLIC LAW 94-350—JULY 12, 1976 
not to exceed five years. Any such officer who completes a period of 
authorized service after reaching age sixty-five shall be retired at the 
end of the month in which such service is completed.". 
RETIREMENT OF TARTICIPx^NTS WHO ARE NOT CAREER AMBASSADORS 
22 use 1002. 
SEC. 519. Section 632 of such Act is amended to read as follows: 
" P A R T I C I P A N T S 
I N 
T H E 
F O R E I G N 
S E R V I C E 
R E T I R E M E N T 
A N D 
DISABILITY 
SYSTEM WHO ARE NOT CAREER AMBASSADORS 
"SEC. 632. Any participant in the Foreign Service lietirement and 
Disability System, other than one occupying a position as chief of 
mission or any other position to which appointed b}^ the President, 
by and Avith the advice and consent of the Senate, who is not L ireer 
ambassador shall be retired from the Service at the end of the month 
in which the participant reaches age sixty and receive retirement 
Ante, p. 837. 
benefits in accordance with the provisions of section 821, but whenever 
the Secretary shall determine it to be in the public interest, such 
a participant may be retained on active service for a period not to 
exceed five years. Any such participant who completes a period of 
authorized service after reaching age sixty shall be retired at the 
end of the month in which such service is completed.". 
SELECTION-OUT BENEFITS 
22 use 1004. 
SEC. 520. Section 634 (b) (2) of such Act is amended by striking out— 
(1) ", with interest" after the words "Disability Fund" the 
A 
first 
time the latter appears; 
(2) "(a)" after "section 841" the first time the latter appears; 
(3) "tliat is credited in accordance with the provisions of sec-
tion 851 or 852 (a)" after "naval service"; 
•' 
- 
(4) ", with interest as provided in section 841(a)", after 
"Disability Fund" the last time the latter appears; and 
^ 
(5) "(b)" after "section 841" the last time the latter appears. 
SEPARATION FOR CAUSE 
22 use 1007. 
SEC. 521. (a) Section 637 of such Act is amended by striking from 
the first sentence of subsection (b) thereof— 
(1) ", with interest" after "Disability Fund"; 
(2) "(a)"after"section841"; and 
(3) "that is credited in accordance with the provisions of sec-
tion 851 or 852(a)" after "naval service". 
(b) Such subsection (b) is further amended by striking out the last 
sentence thei-eof. 
CONVERSION TO FOREIGN SERVICE RETIREMENT SYSTEM 
22 use 1063 
SEC. 522. (a) In accordance with such regulations as the President 
note. 
may prescribe, all Foreign Service staff officers and employees with 
unlimited appointments who (1) have been appointed by the Secretary 
of State or the Director, United States Information Agency, and (2) 
are participants in the Civil Service Retirement and Disability System 
on the effective date of this section, shall be transferred to the Foreign 
Service Retirement and Disability System effective on such date. Their 
retirement contributions shall be transferred in accordance with sec-
Ante, p. 836. 
tion 811 of the Foreign Service Act of 1946, as amended by this title. 
(b) Mandatory retirement at age sixty as prescribed in section 632 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 847 
of the Foreign Service Act of 1946, as amended by this title, shall not Ante, p. 846 
apply to any Foreign Service staff officer or employee who becomes a 
participant in the Foreign Service Retirement and Disability System 
pursuant to subsection (a) of this section until such officer or employee 
completes ten years of continuous service in the Foreign Service exclu-
sive of military service, in the Department of State or ten years of 
such continuous service in the United States Information Agency. 
(c) Any Foreign Service staff officer or employee who becomes a 
participant in the Foreign Service Retirement and Disability fciystem 
pursuant to subsection (a) of this section who is age fifty-seven or 
over on the effective date of this section may retire voluntarily at any 
time prior to mandatory retirement and receive retirement benefits 
under section 821 of the Foreign Service Act of 1946, as amended by 
this title. 
(d) Section 9(b) of the Act of August 20, 1968 (82 Stat. 812), is 
repealed on the effective date of this section. 
837. 
Ante, p. 
Repeal. 
22 use 1229 and 
note. 
ORANTS TO G J : R T A I N WIDOWS AND SURVIVOR ANNUITY ELECTIONS 
SEC. 523. (a) A Foreign Service annuitant who was married at the 
time of retirement, whose service terminated prior to October 16,1960, 
and who has not elected any survivor benefit, may, within one hundred 
and twenty days after the effective date of this title, elect a reduc-
tion in his or her annuity of $300 per annum and provide a survivor 
benefit of $2,400 per annum payable to the annuitant's surviving spouse 
provided the marriage had been in effect for at least two years at the 
time of death or resulted in the birth of a child. The survivor annuity 
shall be treated in all respects as if it had been elected under section 
821(b) of the Foreign Service Act of 1946, as amended by this title. 
(b) An annuitant who makes an election under subsection (a) of 
this section shall pay into the Foreign Service Retirement and Dis-
ability Fund an amount equal to $25 times the number of full months 
between the commencing date of his or her annuity and the first of the 
month following receipt of notice of election by the Secretary of State. 
This amount may be paid into such Fund by deduction from annuity 
in multiples of $25 per month. The annuity reduction under subsec-
tion (a) of this section and the deduction under this subsection shall 
commence effective the first of the month following receipt of notice 
of the election !y the Secretary of State. The deduction under this 
subsection shall continue until the required amount has been paid into 
such Fund or until the annuitant's death, whichever occurs first; and 
if the latter, any remaining portion of such required amount shall be 
deemed to have been paid. 
(c) If a Foreign Service annuitant who separated from the Foreign 
Service prior to October 16,1960, died before the effective date of this 
title, or dies within one hundred and twenty days after such effective 
date leaving a spouse to whom married at retirement who is not entitled 
to receive a survivor annuity under the terms of section 8133 of title 5, 
United States Code, or any law authorizing payment from the Foreign 
Service Retirement and Disability Fund and who qualifies under 
section 821(h) of the Foreign Service Act of 1946, as amended by 
this title, the Secretary of State shall grant such surviving spouse, if 
not remarried prior to age sixty, an annuity, to be payable from such 
Fund in the amount of $2,400 per annum adjusted by all cost-of-living 
increases received by widows granted annuities under section 4 of the 
Act of October 31, 1965 (79 Stat. 1130). An annuity to a surviving 
spouse who remarried prior to age sixty may be initiated or resumed 
under this subsection in accordance with the provisions of subsections 
22 use 1076 
note. 
22 use 10790. 
89-194 O—78—pt. 1 
57 
90 STAT. 848 
PUBLIC LAW 94-350—JULY 12, 1976 
Ante, p. 837. 
22 use 915 note. 
22 use 1063 
note. 
Ante, pp. 846, 
834, 843. 
22 use 1076 
note. 
Ante, p. 837. 
22 use 1064 
note. 
Ante, p. 834. 
22 use 1076 
note. 
22 use 1064 
note. 
Ante, p. 837. 
22 use 1076 
note. 
Ante, p. 839. 
22 use 1076a 
note. 
Ante, p. 838. 
22 use 1086 
note. 
Ante, p. 840. 
(b) and (h) of section 821 of the Foreign Service Act of 1946, as 
amended by this title, if such remarriage has terminated or terminates 
in the future. 
EFFECTIVE DATES 
SEC. 524. (a) Unless otherwise specified, this title shall be effective 
upon enactment or on October 1,1976, whichever is later. 
(b) Section 522 of this title and sections 803 and 881 of the Foreign 
Service Act of 1946, as amended by this title, shall be effective on 
the first day of the first pay period Avhich begins more than ninety 
days after the effective date of this title. 
(c) Effective on the last day of the first month which ends after the 
effective date of this title, all Foreign Service survivor annuities, 
including those then in effect, shall terminate on the last day of a 
month in accordance with the provisions of subsections (b) (2) (B), 
(e), and (f) of section 821 of the Foreign Service Act of 1946, as 
amended by this title. 
(d) The amendment of section 804 of the Foreign Service Act of 
1946 made by this title broadening eligibility for children's survivor 
annuities shall apply to all surviving children regardless of the date of 
death of the principal. 
(e) Subsection (g) of section 821 of the Foreign Service Act of 1946, 
as added by this title, shall apply to both present and future Foreign 
Service annuitants. Any annuitant unmarried at retirement who mar-
ried after retirement but prior to the effective date of this title may 
make an election under such subsection (g) if notice of the election 
is received by the Secretary of State within one year after such effec-
tive date. 
(f) If an annuitant dies on or after January 8, 1971, who, prior to 
the effective date of this title, elected a reduced annuity with a benefit 
to a surviving spouse, and is survived by a spouse acquired after such 
election who qualifies vmder section 804(2) of the Foreign Service Act 
of 1946, as amended by this title, such surviving spouse shall be entitled 
to an annuity computed under the law in effect at the time of such elec-
tion and in accordance with all other applicable statutes. Such an 
annuity shall be treated in all other respects in the same manner as an 
annuity payable under section 821(b) of the Foreign Service Act of 
1946, as amended by this title. For purposes of section 882(c) (2) of 
the Foreign Service Act of 1946, as amended by this title, the death of 
an annuitant who has died before the effective date of this title shall 
be deemed to have occurred on such effective date. 
(g) the restrictions on payment of survivor annuities in subsection 
(b) (2) (A) and subsection (h) of section 821 of such Act shall not 
apply to a supplemental survivor annuity provided under subsection 
(i) of section 821 or subsection (f) of section 832 of such Act if the 
restrictions do not apply to a basic survivor annuity elected prior to 
commencement of the recall service. 
(h) Subsection (a) of section 822 of the Foreign Service Act of 
1946, as added by this title, shall be effective on the first day of the first 
month which begins on or after the effective date of this title. 
(i) Subsection (a) of section 841 of the Foreign Service Act of 
1946, as amended by this title, shall not apply to participants sep-
arated from the Foreign Service prior to the effective date of this title 
nor to their survivors. All payments from the Foreign Service Retire-
ment Fund that become due on and after such effective date shall be 
paid in the order of precedence specified in such section 841 irrespec-
tive of the date of separation. 
PUBLIC LAW 94-350—JULY 12, 1976 
90 STAT. 849 
(j) Subsection (c) of section 851 of the Foreign Service Act of 22 USC 1091 
1946, as added by this title, shall be effective on the first day of the °ot^-
first pay period that be^ns more than thirty days after the effective ^"'^' ?• °^^-
date of this title. A participant who is on approved leave without j)ay 
and is serving as a full-time officer or employee of an organization 
composed primarily of Government employees on the effective date of 
such section shall have sixty days from such date to file an election 
under subsection (c) of said section 851. 
(k) Subsection (f) of section 851 of the Foreign Service Act of 22 USC 1091 
1946, as added by this titlCj shall apply, in addition to present par- note, 
ticipants, to former participants who separated from the Foreign 
Service to enter the Armed Forces within the five-year period immedi-
ately preceding the effective date of this title and who are members of 
the Armed Forces on such date. 
(1) The annuity of a survivor who becomes immediately eligible for 22 USC 1064 
an annuity under subsection (c) of section 523 of this title or subsection note, 
(d) or (f) of this section shall become effective the first day of the first ^"^*' P- ^'*^-
month which begins on or after the effective date of this title. How-
ever, payment shall be made only after receipt by the Department of 
State of such application for annuity and such proof of eligibility as 
the Secretary may require. If such application and proof of eligibility 
are not submitted during an otherwise eligible person's lifetime, no 
annuity shall be due or payable to his or her estate. 
(m) The amendment of subsections (a) and (b) of section 882 of 22 USC 1121 
the Foreign Service Act of 1946 made by this title shall be effective note, 
on the fifteenth day of the third month which begins after the effec- ^"^' P" ^^• 
tive date of this title. 
(n) Annuities which commenced between— 
22 USC 1121 
(A) the effective date of the last cost-of-living increase which note, 
became effective under section 882 of the Foreign Service Act 
of 1946 prior to the effective date of this title, and 
(B) such effective date, 
shall be recomputed and, if necessary, adjusted retroactively to their 
commencing dates to apply the provisions of new subsections (c) (1) 
of section 882 of the Foreign Service Act of 1946, as added by section 
. 
515 of this title. 
(o) Any Foreign Service officer who is or becomes a career minister Career ministers, 
and who is not occupying a position to which appointed by the Presi- 22 USC 1001 
dent, by and with the advice and consent of the Senate, shall be man-
datorily retired for age in accordance with the schedule below and 
receive benefits under section 821 of the Foreign Service Act of 1946, 
unless the Secretary determines it to be in the public interest to extend 
such officer's service for a period not to exceed five years: 
note. 
90 STAT. 850 
PUBLIC LAW 94-350—JULY 12, 1976 
Retirement Schedule 
(1) Any career minister who reaches age sixty-five during the 
month this title becomes effective shall be retired at the end of such 
month. 
(2) Other career ministers who are age sixty or over on such effec-
tive date shall be retired at the end of the month which contains the 
midpoint between the last day of the month of such effective date and 
i 
the last day of the month during which the officer would reach age 
sixty-five, counting thirty days to the month. 
(3) On the last day of the thirtieth month which ends after such 
effective date, all other career ministers who are age sixty or over shall 
be retired, and thereafter the amendments made by sections 518 and 519 
shall be applicable in all cases. 
' 
(4) Ajiy career minister who completes a period of authorized serv-
ice after he reaches mandatoiy retirement age as provided in the above 
' : 
schedule shall be retired at the end of the month in which the officer 
completes such service. 
Approved July 12, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-881 accompanying H.R. 12262, No. 94-1083 accompany-
ing H.R. 13179, and No. 94-1116 accompanying H.R. 13589 
(Comm. on International Relations). 
SENATE REPORT No. 94-703 (Comm. on Foreign Relations). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Mar. 29, considered and passed Senate. 
June 18, considered and passed House, amended, in lieu of H.R. 13589, 
H.R. 13179,and H.R. 12262. 
June 29, House agreed to conference report. 
June 30, Senate agreed to conference report.