AMENDMENT OF FOREIGN SERVICE ACT OF 1946

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000400010057-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 16, 2016
• Document Release Date: January 24, 2005
• Sequence Number: 57
• Publication Date: September 9, 1956
• Content Type: OPEN

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on Banking and currency be permitted it is important that a legislative history below mean the Foreign Service Act of 1946.
to have the privilege of the floor today be made on the floor of the Senate with as amended.
1. Section 2-New class structure for For-
(luring the debate on S. 2654, the housing respect to the bill. It is my opinion that eign Service staff personnel: Section 2 of the
bill. the bill is of a nature which will involve bill would revise section 415 of the act so as
The VICE PRESIDENT. Without ob- a considerable amount of administrative to reduce the number of classes of Foreign
jection, it is so ordered. ~ interpretation, and I think the Senator Service staff personnel from 22 classes to 10
v(c3from Arkansas and the Senator from classes. This change in class structure corn-
Montana are best qualified to make the plements the change in the structure of
AMENDMENT OF FOREIGN SERVICE legislative history. I hope they will take the Foreign Service officer category which
ACT OF 1946 a few minutes to explain the bill. was made in 1966. Classes 15 through 22
under the old staff structure have not been
Mr. MANSFIELD. Mr. President, Mr. MANSFIELD. r/ i'. President, will used for some time. A smaller number of
after consultation with the majority and the Senator from Arkansas yield? classes has proved to be adequate in differ-
minority leaderships, the distinguished Mr. FULBRIGHT. I yield. entiating the duties and responsibilities of
chairman of the Foreign Relations Com- Mr. MANSFIELD. The bill provides typical jobs carried out by staff personnel
mittee, the Senator from Arkansas LMr. for the first substantial changes in the overseas. There jobs are primarily in the
FILERIGIIT 1, and due to the fact that the Foreign Service Act of 1946 since the secretarial, tech-ical, and custodial catc-
bill would not be considered on the call amendments of 1956 were enacted. It gorier.
The salaries of the ton three classes in the
of the calendar, I ask unanimous con- will be recalled that the amendments new staff schedule are the same as the eel-
eut that the Senate proceed to the im- of 1956 added two classes to the Foreign aries of classes 3, 4, and 5, respectively, of the
mediate consideration of Calendar No. Service officer schedule, raised a numeri- Foreign Service officer salary schedule. In-
967, S. 2633. cal ceiling on lateral entry into the For- formation as to the cost and numbers of
'1 `he VICE PRESIDENT. The bill will eign Service officer category, increased Foreign Service staff personnel involved in
he stated by title for the information of from 30 to 35 the number of years of this change is shown below in connection
the Senate. service credit for computing retirement with the discussion of the temporary pro-
The LEGISLATIVE CLERK. A bill (S. benefits for Foreign Service officers, visions providing for the conversion of staff
employees from the old class structure to
2633) to amend the Foreign Service Act broadened the authority to operate com- the new structure (Fee. 51).
of 1946, as amended, and for other pur- missaries and mess services, increased 2. Section 2---Er aployment of staff per-
medical benefits, and authorized the es- sonnel overseas at less than the rates pre-
por.
Mr. MORSE. Mr. President, reserving tabllShlYfCrit of recreational facilities cribed for Foreign Service staff officers and
the right to object, I wonder if the Sen- overseas. employees: Section 2 of the bill would lilso
ator from Montana will take a minute Mr. President, I ask unanimous con- add a new subsection (b) to section 415 of
to tell us the purpose of the bill. Then sent that various aspects relating to com- the act which would authorize the Secre-
mittee action be printed at this point in tary of State administratively to prescribe
I will be in a position to make my de- salaries less than those given in the statutory
CislOn, the RECD^D. schedule for Foreign Service staff employees
Mr. MANSFIELD. Mr. President, I There being no objection, the excerpts in those cases abroad where it is desirable to
yield to the Senator from Arkansas tMr. were ordered to be printed in the RECORD, employ U.S. citizens locally in a foreign
FteLDRIGHTI, the chairman of the Com- as follows: country who are not available or are not
COMMITTEE ACTION qualified for transfer to other posts.
mittee on Foreign Relations, and the Two examples r nay ay illustrate the occa-
author-
Senator primarily responsible for this With a few exceptions, all of the provi- .ion for the uses illustra new author-his pro Ynuch-needed legislation for that pur- sions of S. 2633 are taken from the following ito There are cftes where a Peron living
pose. The bill was reported by that Com- bills in a foreign country may possess U.S. citizen-
mittee unanimously. 1. S. 443, Mr. GREEN (by request), January 'ship, for instance by reason of having been
17, 1959, to amend the Foreign Service Act born in the United States during a visit of
Mr. FLlLBRIGHT. Mr. President, S. of 1946, as amended, and for other purposes.
2633 would make numerous changes in 2. S. 1243, Mr. SALTONSTALL (for himself his parents here, and yet he may in all other
the administration of the Foreign Serv- and Mr. MANSFIELD), March 2, 1959, to amend respects be a typical native of the foreign
cou ntry. The U.S. mission may wish to em-
ice, of the United States and the Depart- the Foreign Service Act of 1946, as amended, such a person a minor capacity and
than and
ment of State. With a few exceptions, to establish standards of foreign language ploy would not wpe to pay him higher capacity
the bill consists of amendments to the proficiency for the Foreign Service of the prevailing loch rates fhi the kind of work
Foreign Service Act of 1946, as amended. United States, and for other purposes. S.
1243 is the same as S. 3552 of the 85th Con involved merely because he happened tech-
Although many of the amendments are gross (SALTONSTALL) on which the commit- nfcally to be an American citizen and en
largely of a technical nature, there are tee on Foreign Relations held an executive titled as such to the statutory Foreign Serv-
also some substantive amendments; but hearing on May 27, 1958. ice staff salary. A second example concerns
a great many of them are technical. 3. S. 2232, Mr. FULBRICHT (by request), the frequent instance when a U.S. mission
wishes to hthe wife, for instance, of a
A new class structure for Foreign February 16, 1959, to repeal section 12 of the resident to hire
businessman to clerical fr t
Service staff officers and employees is act of June 26, 1884, prohibiting a charge or re the mi.S. bu Such persons may al work
provided. The Foreign Service retire- collection of fees by consular officers for offs- useful to the mission yet would not be avail-
ment and disability system is liberalized cial services to American vessels and seamen, able for entrance into the regular Foreign
in conformity with certain principles al- and to repeal the provision in the act of Service staff category and subject to trans-
June 4, 1920, authorizing the free issuance fer from post to post. In using the proposed
ready in effect with respect to the oivi- of to seamen.
-service retirement system. ystem. Improve- passports new authority in this latter category of cases
4. S. 2233, Mr. FUI.BnsoxT (by request), the committee cautions against abuse of the
ments are made in the legislation per- June 23, 1959, to amend the Foreign Service authority by paying Americans, who would
taining to the recruitment and training Act of 1946, as amended. merit a salary at or near the statutory sched-
of Foreign Service officers. Functional 5. S. 1044, Mr. FULBRIGHT (by request), ule of a regular Foreign Service staff officer,
and geographic area specialization by February 16, 1959, to amend the Foreign at unreasonable rates below the statutory
such officers is encouraged. An increase Service Buildings Act of 1926, as amended. schedule.
of $100 million, $50 million of which is in A public hearing on S. 1243 was held on 3. Section 6--Classification of Foreign
foreign currencies, in the authorization April 16, 1959, and public hearings on the Service officer positions in the Department of
of appropriations for the Foreign Service remaining bills were held on July 6 and 15, State: Section 6 of the bill amends section
buildings fund, largely for office space 1959. The committee marked up the bills 441 of the act relating to the classification
for U.S. missions overseas, is approved, on August 27 and 28 and on the latter day of positions. The existing position classitica-
ordered favorably reported an original bill tion distinction between the categories of
Mr. MORSE. Mr. President, will the combining the five bills. Foreign Service officer and Foreign Service
senator yield? staff officer is removed. Secondly, the Sec-
Mr. FULBRIGIIT. I yield. MAIN PROVISIONS OF THE BILL rotary is authorized to classify positions in
Mr. MORSE. The comments of the A good many provisions of the bill are the Department in accordance with Foreign
3:.'nator from Arkansas refresh my mem- of a minor technical, clarifying, or perfecting Service standards without regard to the Clas-
ory of the bill. I have no objection to its nature. The other provisions make impor- sification Act of 1949, as amended. Up to
tent changes or innovations in the law per- the present time the Secretary has been de-
;eing considered, but I hope the Sena- taming to the Foreign Service and the De- signating certain positions in the Depart-
tor from Arkansas and the Senator from partment of State. These provisions are ment as Foreign Service positions and clas-
IV ontana will make a full statement in summarized, explained, and justified below. sifying them under the Classification Act
regard to its purport, because I think References to the "act" in the discussion without clear legislative authority. He has
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September 9
been donig so under an arrangement em- wage policies in these instances, it is some- section (b) to section 516 of the act which
bodied in an exchange of letters between the times offensive to foreign governments and would permit the appointment of Foreign
Ilouse Committee on Government Operations upsetting to local conditions to do so. Service officers directly to class 7 when, in the
:+_ud the Civil Service Commission (see H. The second change in section 444 is the opinion of the Secretary, their age, experience
Rcpt. No. 1673, 83d Cong.). Some 1,500 posi- deletion of the requirement that the Board or other qualifications make such an ap-
tions in the Department now have a dual of the Foreign Service advise the Secretary pointment appropriate. This provision will
designation of "Foreign Service officer posi- on the salary schedules for oversea local take care of the infrequent instances where
Lion" together with a grade level established (alien) employees. It has proved unneces- graduate students having more than toe
under the Classification Act. Under the new nary and impractical to obtain the advice of usual amount of training or experience could
language of section 441 of the act the Secre- the Board on such matters. expect higher starting salaries than afforded
tary may designate positions, including new 5. Section 7-Permission for other Govern- by class 8 appointments if they accepted jobs
positions, without such a grade level under nient agencies to use authority available to in private industry or other Government
the Classification Act. Under the new ar- the Department of State in their employment agencies. Under the new section 516(b) they
rangement no grade allocation will be neces- of aliens overseas: Section 7 of the bill would could be given the higher salaries of class 7.
nary unless the position is to be filled by a add new language to section 444 of the act The Department of State intends to limit
non-Foreign Service person. which would authorize U.S. Government these appointments to candidates who (1)
The committee wishes to take this occasion agencies performing functions abroad to ad- are at least 28 years old; (2) have a record
to comment on the evidence which has been minister local employee programs in accord- of graduate training or employment which
accumulating for some time that the De- ante with the applicable provisions of the clearly demonstrates extra ability; (3) have
partment of State has gone too far in carry- Foreign Service Act. The purpose of the a modern foreign language competency. The
ialg out the recommendations of the Wriston provision is to facilitate uniform employment committee endorses these standards in the
report calling for additional positions in the practices abroad by all U.S. Government proposed regulations of the Department.
Department of State to be designated as agencies. The committee considered desig- 8. Section 11(b)--Previous Government
Foreign Service officer positions. Evidence nating the Secretary of State as the single service as a prerequisite to lateral entry:
has been brought to the attention of the com- official of the Government empowered to pre- Section 11(b) of the bill would revise section
mittee regarding the International Educa- scribe wage scales for local employees but 517 of the act by removing the existing ceil-
Lional Exchange Service (IES), the Bureau upon being presented with evidence that ing on lateral appointments of persons to
r Intelligence and Research (INR), and the voluntary cooperation among the agencies the Foreign Service officer category. Lateral
Policy Planning Staff (SAP) constituting is now working satisfactorily, the committee entry refers to the appointment of persons
three examples of the committee's concern. recommends leaving the existing practice the at an intermediate class in the Foreign Serv-
The work of the International Educational way it is, ice officer category, depending on the age
Exchange Service is painstaking and spe- 6. Section 8-Extra pay for courier duty: and experience of the appointee. Now that
cialized. The work of the Bureau of Intelli- Section 8 of the bill would introduce a new the so-called Wriston personnel integration
;ence and Research is scholarly, specialized, section 447 into the act which would permit program has been completed, the number of
and requires long familiarity with narrowly the Secretary to establish rates of extra pay lateral entrants should depend simply upon
defined masses of material. The work of the not to exceed 15 percent of basic salary for the needs of the Service as determined by
Policy Planning Staff requires senior special- persons assigned to duty as couriers. It ap- the Secretary.
ists, for instance officers skilled in military pears clear to the committee that courier The number of persons entering the For-
planning who must work closely with their duty is a duty analogous to the various kinds eign Service officer category laterally will not
opposite numbers in the Department of De- of hazardous duty in the armed services and change from current rates in all probability
Tense. The characteristic of much of the certain civilian agencies which is compen- because the committee bill retains the re-
work of these three bureaus in the Depart- sated for by extra pay. Department of State quirement of 3 or 4 years, depending on age.
neat of State is that long continuity of serv- couriers spend long hours flying as part of of previous service in a Government agency
ice is highly desirable. Typical assignments their duties and many have sustained injury as a prerequisite to lateral entry. The com-
of Foreign Service officers to these bureaus and some have been killed in this service. mittee wishes to make sure that additional
are for 2-year periods. These periods are The proposed maximum of 15 percent extra personnel or specialists needed urgently in
long enough perhaps for the Foreign Service pay does not seem to the committee to be the Service can be employed as the needs
officer to become familiar with the work but excessive due to the fact that hazardous duty of the Service require, but it is convinced
not long enough for him to make an effective pay in the armed services ranges from a min- that the best way to bring such persons into
contribution. Moreover, the nature of the imum of 17 percent to a maximum of 64 the Service is by giving Foreign Service Re-
work is frequently so different from that percent depending upon the rank of the serve officer appointments to those coming
which a Foreign Service officer is accustomed person and the duty involved. directly from private life or by permitting
to doing overseas that many officers dislike 7. Section 9-Policy on language and other the lateral entry directly to the Foreign
such assignments and fail to put forth their qualifications for the assignment of chiefs of Service officer category of those having previ-
nest effort. mission and Foreign Service officers in foreign ous Government experience. Thus, under
The committee is by no means of the countries: Section 9 of the bill would add a either of these routes the Foreign Service
opinion that no Foreign Service officer should new section 500 to the act stating the policy will be able to maintain its career nonparti-
be assigned to the aforementioned bureaus that chiefs of mission and Foreign Service san features and the Secretary of State will
in the Department of State-these bureaus of leers shall have to the maximum practical not be troubled by outside pressure to insert
have been given merely as examples of the extent a knowledge of the language, culture, inexperienced persons into the Foreign Serv-
problem. The committee is of the opinion, history, and institutions of the countries in ice officer group.
however, that too many positions in these which they are to serve. 9. Section 12(b)-Reappointment of an of-
bureaus and others like them in the Depart- Probably the only reason this policy is not ficer who has left the Foreign Service: See-
ment have been designated as Foreign Serv- now a part of the Foreign Service Act is that tion 12(b) of the bill would amend section
ice officer positions. The committee has re- it was thought to be self-evident. The policy 520(a) of the act by removing the present
quested by December 1, 1959, a detailed re- is, however, either not self-evident or else requirement that Foreign Service officers
port reviewing the original designation of implementation of the policy has failed in a who resign and later ask reinstatement must
Foreign Service officer positions throughout disturbing number of cases. Such failure is have served continuously in the Government
the Department pursuant to the Wriston pro- inexcusable on the part of the U.S. Govern- between the time of leaving the Foreign
grain and discussing any changes in such ment. The richest country in the world can Service and the time of reappointment to
designations which may have occurred since. afford to employ, train, and send well-quali- the Service. It sometimes happens that an
The comment of the Department is requested fled Foreign Service officers wherever they are officer is obliged to resign from the Service
on the views of the committee just set forth, needed. The importance of their work de- through no fault of his own. If for instance
4. Section 7-Compensation for alien em- maads no less. his wife should become i11 and unable to ac-
ployees: Section of 7 the bill would revise The committee continues to be disap. company him on foreign assignments, the
section 444 of the act, pertaining to compen- pointed from time to time about nominations Committee believes that the President should
sation for alien employees hired overseas, in for ambassadorial posts. There are too many have authority to reappoint such officers to
two principal respects. First, the principle nominees, career and noncareer, who are the Service when they again become able to
in existing law of compensating alien em- merely so-so, not bad enough to reject but serve. The rationale behind the requirement
ployees according to the rule "equal pay for not really first rate. of previous Government service, discussed
equal responsibility" is being replaced by the Whether or not the policy statement in immediately above in connection with lateral
policy of paying local employees in accord- the proposed section 500 becomes a part of entry, would seem to be inapplicable to cases
ante with "prevailing wage rates and com- the law, the Committee on Foreign Relations arising under section 520(a) of the act be-
pensation practices for corresponding types intends to continue its practice of measuring cause in those cases the persons involved
of positions in the locality to the extent con- nominees for chiefs of mission against the have already been Foreign Service officers
,intent to the public interest." The existing standard expressed in the new section 500 and have fulfilled all of the requirements
language has proved difficult to implement in and will apply the standard with increasing for such appointment.
certain countries where, for instance, women particularity. 10. Section 14-Limited and probationary
are not paid the same wages as men for the 7. Section 10(b) -Appointments of new appointments for staff officers: Section 14
same work. Although the U.S. missions Foreign Service officers directly to class 7: of the bill would revise section 531 of the
would prefer to follow nondiscriminatory Section 10(b) of the bill will add a new sub- act so as to clarify the authority of the See-
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1959
retary of State to make temporary, limited, 18 of the bill would introduce a new sec- culture, and problems of the area and de-
and other types of appointments of staff tion 578 in the act which would require the velop outstanding excellence. For example,
officers and employees as the needs of the Secretary to designate every Foreign Service after an appropriate period of brief orienta-
Service require. The new section also makes officer position in a foreign country whose tion Ara biassignments, the prier mi of she greze
it clear that the Secretary may terminate incumbent should have it useful knowledge
O t any time and without regard to the pro- of a language of the country. After a 5-year area lying between Morocco and Pakistan
visions of any other law staff officers ap- period to allow for increased training in for- and spend the greater part of his career in
alter-
pointed for temporary or limited service or eign languages, each position so designated assigse that hich, would Washington, n, to some
who occupy probationary status. would be filled only by a qualified person. n t ely areo a at area, having important some
'rho customary probationary period for The Secretary would be able to make excep- with that arcs.
staff officers is 2 years, and the Department tions to this requirement for individuals or With regard to functional specialization
will not specify longer periods. The usual when special or emergency conditions existed. that it would be
Foreign believes
reason for termination of temporary, limited, One of the most common and justified the bcommittee
Service officer cob-
or probationary employees is that there is not criticisms of the Foreign Service today is the for a one field of vice economic
Sufficient work for such employees to do or low level of language competency throughout be better t r matters or cone ield ofowork-say a economic substantial
that the specific work for which they were the Service. The facts are familiar that 70 part of his cuntil he reaches tlevel
employed has ended. The Secretary's dis- percent of new Foreign Service officers come c f, say deputy his ar chief of e reache the which
cretion is, however, not limited to such rea- into the Service without a knowledge of any oint he would have the mssio on, t which
sons. In the case of persons on probation- foreign language. Fifty percent of officers his career as a senior specialist or taking on
ary status, he may terminate their employ- already in the Service lack a knowledge of broader executive responsibilities and look
meat if their work is not satisfactory or if any foreign language. The figure on defi- forward to promotion to the levels of career
for various reasons they appear not to be ciencies in the more difficult languages are minister or career ambassador.
suitable for foreign assignments. If, how- not available, but the committee has no rea- that the precepts
ever, the Department's reason for terminat- son to think the figures are any better with The given to committee promotion expects panels and the rece r-instru
ing it staff officer on temporary, limited, or respect to them. tions given to assignment panels will be re-
probationary appointment is the person's Language competence in the Foreign Serv- wised in accordance with the policy laid
-,opposed misconduct, that is, conduct re- ice is primarily a function of money and down in the new section 626.
tiecting adversely on the integrity or charac- people. With adequate appropriations and 16 Section 24-Accelerated selection-out
ter of the person, then the new version of adequate numbers of intelligent officers, any benefits: Section 24 of the bill amends sec-
section 531 requires that such person be desired level of language competence can be tion 634(b) (1) of the act to authorize the
given a hearing in accordance with the pro- obtained. The committee intends that for- Secretary in special instances to combine
visions of section 637 of the act. eign-language competence be raised substan- the installments of severance payment to
ll. Section 16(a)-Elimination of salary orally, not for its own sake, but based on which an officer is entitled when he is re-
differential for a Foreign Service officer who actual needs in U.S. missions overseas. The tired early from the Foreign Service in ac-
is assigned to a position in Washington des-. committee expects that the designation of cordance with section 633 of the act. The
i mated as a "Foreign Service officer posi- Foreign Service officer positions abroad re- usual thing would be for the selection-out
Lion": Section 16(a) of the bill adds a new quiring language competence shall he based benefits to be paid in three annual install-
sentence to section 571. of the act which largely on the recommendations of the mis- ments but the change in section 634(b) (1)
would eliminate any salary differential being sion chief without regard to current budg- will permit the Secretary in his discretion
paid to a Foreign Service officer who occupies story targets. The Department of State to accelerate the payments where the officer
a, position in the Department which is also estimates that the implementation of the has an unusual financial need. These pay-
designated as a "Foreign Service officer post- proposed new section 578 will cost about ments will be made from the Foreign Serv-
Lion" and which carries a higher salary than $250,000 per year over a 5-year period. This ice retirement and disability fund.
the officer's Foreign Service salary. The would seem to be a small price when mess- 17. Section 27--Consolidated separation
former policy, allowing the Foreign Service ured against the urgent need. for cause provision: Section 27 of the bill
officer to collect the difference, is incon- 14. Section 19-In-class promotions of For- combines in a revision of section 637(a) of
aistent with the Foreign Service theory of eign Service officers: Section 19 of the bill the act several provisions of the act relating
appointment to a class and not to a par- would amend section 625 of the act so as to to separation for unsatisfactory performance
Lieular job. Authority will continue to pay eliminate a possible conflict between the of duty, misconduct and malfeasance. The
such it differential if an officer or employee policy of that section relating to in-class Secretary is given complete discretion to
at the Service is assigned to a position in promotions of Foreign Service officers and separate Foreign Service officers, Foreign
the Department that is not so designated. the policy of the Government Employees' Service Reserve officers, and Foreign Service
'l'hus the salary differential--the difference Incentive Awards Act (title III, Public Law staff personnel for such "cause as will pro-
between the officers's salary and the salary 763, 83d Cong.) authorizing cash awards for mote the efficiency of the Service." This
of the position which lie occupies-would superior service. The committee believes phrase, which is applicable to the Civil Serv-
coiitinue to be paid in those cases in which that while the cash-awards program is ex- ice, is taken from the Lloyd-La Follette Act
the position is in a. Government agency cellent, the special needs of the Foreign Serv- of 1912. Although the Secretary has com-
other than the Department of State or it po- ice make it appropriate to award within- plete discretion in defining causes for dis-
sition not also designated as a "Foreign Serv- class increases for certain kinds of excellence, missal which will promote the efliciency of
ice officer position" within the Department such as the learning of unusual foreign lan- the Service, the revised section requires
of State. guages on an officer's own initiative. that officers separated under it shall be given
12. Section 16(c)-Housing allowance for 15. Section 20-Relationship between a hearing by the Board of the Foreign Serv-
officers on assignment in Washington: See- promotions and functional and geographic ice and requires the establishment of such
lion 16(c) of the bill would add a new see- area specialization: Section 20 of the bill cause at such hearing. An officer may waive
Lion 571(e) to the act granting a differential would add a new section 626 to the act ex- his right to a hearing. Foreign Service offi-
a.pplied to basic salaries of 8 to 13 percent, pressing the policy that more functional cers of class 8 or other officers in a proba-
;,,acording to the number of dependents, in and geographic area specialization is needed tionary status or serving under limited or
the case of Foreign Service officers assigned in the Foreign Service and prohibiting such temporary appointments have a right to a
to duty in the United States between as- specialization from prejudicing promotions hearing only in cases where the reason for
ig;nments abroad and Foreign Service offi- of officers up through class 1 in the Service. their proposed separation from the Service
cars of class 7 or 8 assigned to duty here The traditional assignment policy in the is misconduct. Section 637(a) as it is
prior to duty abroad. Foreign Service has been based on the amended deals with separations on a case-
This new provision is designed to give the premise that an officer is not fully qualified by-case basis. The language of the section
me kind of financial assistance to Foreign to be a mission chief unless he has had serv- could not be the basis for a general reduc-
Service officers assigned to Washington as ice in each of four or five main geographic tion in force.
has long been afforded to military personnel areas in the world. It may be as a result of 18. Section 27-Extension of deferred an-
in the same circumstances. Foreign Service such a policy that the Government is short nuity rights to persons separated from the
personnel coming to Washington for a rela- of topnotch specialists in some of these Service for cause: Section 27 of the bill
Lively short time have many additional ex- great geographic areas. would amend section 637(b) of the act to
pensas, largely relating to housing, than Existing assignment policy with regard to provide that an officer separated from the
cInoloyecs who live here all the time. For- functional specialization appears to result Service for cause may receive a refund of
cigii Service officers are now receiving a in an officer having 2 or 3 years' experience his contributions to the Foreign Service re-
transter allowance and hotel expenses while in six or eight different types of work. The tirement and disability fund, with interest,
lnc;:.ting more permanent housing, but these committee is concerned lest this policy re- or he may elect to receive a deferred an-
allowances meet only a small part of their sult in developing an officer who is a jack nutty payable when he reaches the age of
extra expenses. The proposed additional al- of all trades and master of none. 60. The committee approved this change
lowance is fixed at an amount which may With respect to geographic specialization but inserted a clause providing that a de-
bt expected to meet about one-half of typi- the committee would like to see a situation ferred annuity would not be available in.
C0 housing costs while on duty in the in which incoming officers would be assured cases where the Secretary, determines that
United States. that most of their careers would be devoted separation was based in whole or in part
1.',. Section 18-Foreign-language knowl- to one of the larger geographic areas. They on the ground of disloyalty to the United
edge a prerequisite to assignment: Section could then concentrate on the languages, States.
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Under the present law certain officers
separated for unsatisfactory performance
of duty may receive an immediate limited
rnnuity. Officers separated for misconduct
re entitled merely to a refund of their
contributions to the fund. The committee
agrees (except as to disloyalty cases) with
the view of the Department of State that,
even though an officer may be separated for
cause, after he has served at least 5 years
lie should not be denied the annuity bene-
fit which he has earned by reason of his con-
tributions and his period of satisfactory
Service.
19. Section 28-Termination of service of
Reserve officers and staff officers with limited
appointments: Section 28 of the bill would
insert a new section 638 in the act which
would permit the Secretary notwithstanding
any other law to terminate at any time the
service of any Reserve officer or staff officer
serving under a limited op->olntment. This
Is the same principle as is contained in re-
vised section 531 of the act discussed above
guider section 14 of the bill. The committee
inserted a provision regarding separations
for misconduct in the proposed new section
638 similar to that contained in revised
section 531.
A special problem under the proposed new
section 638 arises by reason of the concern
of a certain group of 45 officers under limited
Reserve appointments that the new author-
ity may be used to terminate their employ-
ment. They accepted Foreign Service Re-
serve officer status at the encouragement of
the Department of State. The committee
inserted, with the concurrence of the De-
partment, a provision which will insure that
these officers will be retired when their
limited appointments run out but not
before.
20. Section 30-Longevity increases for
Foreign Service staff employees: Section 30
of the bill would add a new subsection
642(b) to the act which would authorize the
Secretary to establish a system of longevity
increases for staff p-reonnel. The Classifica-
tion Act included the principle of longevity
increases some years ago.
Work performed by staff personnel is
highly essential but its nature is such as to
contain inherent limitations on opportun-
lties for promotion In some categories of
work. In addition the staff group now in-
cludes a substantial number of older em-
ployees who were unable to qualify for vari-
ous reasons under the Wriston program for
lateral entry into the For. ign Service officer
category. There is therefore something of
a morale problem within this segment of
the Foreign Service staff group which can
be alleviated by the enactment of the pro-
posed new subsection 642(b).
Longevity increases will not be automati-
cally awarded: they will be given in recog-
nition of both longevity and performance.
The longevity periods will be established by
the Secretary by regulation.
21. Section 31-Orientation and language
;raining for wives of U.S. Government em-
ployees in anticipation of assignment over-
seas: Section 31 of the bill would add a new
sentence to section 701 of the act giving the
ecretary authority to provide orientation
and language training to wives of Govern-
ment employees in anticipation of assign-
ment of such employees abroad. The De-
partment of State has been giving such
training on a space-available basis for some
Lime but the practice ought to be specifically
authorized by law. The Department asked
f:)r authority to train "dependents" of em-
ployees but the committee imited the au-
thority to "spouses," and Inserted the phrase
"to the extent that space is available" in
order to keep such training to reasonable
n umbers.
22. Section 32(b)-Allen language teach-
ers for the Foreign Service Institute: Section
32 (b) of the bill would add a new subsection
704(e) to the act permitting the Secretary
to employ aliens for the Foreign Service
Institute either by appointment to the staff
on a full- or part-time basis or by contract
for services. This proposed authority would
apply both in the United States and abroad
because the Foreign Service Institute oper-
ates several language training schools over-
seas. The new authority is essential because,
of course, it is sometimes difficult to find
American citizens sufficiently well qualified
to provide instruction in esoterc languages
and other specialized subjects taught at the
Foreign Service Institute. The authority to
employ by contract is essential since some
language teachers are available in the United
States for only short periods of time and
because some Institute courses are given
periodically.
23. Section 32(b)-Monetary incentives for
proficiency in esoteric languages; Section
32(b) of the bill also would add a new sub-
section 704(f) to the act which would au-
thorize the Secretary to provide special
monetary incentives to encourage the acqui-
sition or retention of proficiency in esoteric
foreign languages or other special abilities
needed in the Service. The committee be-
lieves this new authority is necessary but
desires that it be employed vary cautiously.
The term "esoteric foreign languages" cer-
tainly does not include such languages as
French, German, Spanish, and Italian, which
many Americans have an opportunity to
learn. In the administration of a language
incentives program language proficiency
must be tested frequently and standards of
competency must be kept high.
The "special abilities" which are to be en-
couraged are not the traditional skills ex-
pected of Foreign Service officers nor the
ordinary academic disciplines which reason-
ably well educated officers bring with them
into the Service.
24. Section 33(b)-Transfer of Foreign
Service staff officers to the Foreign Service
retirement system: Section 33(b) of the bill
adds a new subsection 803(c) to the act pro-
viding for mandatory participation in the
Foreign Service retirement and disability
system of certain staff officers and employees.
The proposed subsection 803(c)(1) would
provide for the automatic transfer of For-
eign Service staff officers with at least 10
years' service from the civil service retirement
system to the Foreign Service retirement sys-
tem. Their contributions to the civil service
retirement fund would be automatically
transferred and they would be required to
make no additional contribution and they
would get no refund as a result of the shift
from one retirement system to the other.
The new subsection 803(c) (1) recognizes
the fact that Foreign Service staff person-
nel serve overseas under the same conditions
as Foreign Service officers who, under the
Foreign Service retirement and disability
system, are required to retire at age 60
(rather than age 70 as under the civil service
system) because of the rigors of some foreign
climates and the burdens of moving- peri-
odically to new working and living situa-
tions.
The new subsection 803(c) (2) provides for
retirement on a gradual scheduled basis over
a 5-year period of staff personnel who are
above the mandatory retirement age at the
time they become participants in the system.
This new early retirement provision will not
go into effect until 1 year after the other pro-
visions of the bill go into effect. Subsection
803(c) (2) would involuntarily retire a group
of some 400 older staff officers who would
not have been required to retire for periods
up to 10 years longer if they were permitted
to stay under the civil service retirement
system. The committee understands that
most of the persons in this group welcome
the new provisions but there are some who
may have failed to make adequate fisransial
provisions for such involuntary early retire-
ment and who are therefore adversely af-
fected.
These 400 older staff officers constitute, in
the view of the Department, a "hump prob-
lem" analogous in many ways to that dealt
with recently by the Congress in legislation
pertaining to the Navy. The Department of
State believes that it would be in the inter-
est of the Service to accelerate the retirement
of these 400 staff officers, most of whom have
been unable to qualify for lateral appoint-
ment as Foreign Service officers because they
were too old.
Because it is in the interest of the Gov-
ernment that retirement of these persons
be accelerated the committee decided that
their financial problems should be eased by
the Government. The committee inserted
a provision in the bill which would give to
such involuntary retirees the same kind of
financial aid as is given to Foreign Service
officers who are selected out. Involuntary
retirees would receive, in addition to their
retirement benefits, one-twelfth of a year's
salary for each year's service not exceeding
a total of 1 year's salary. This amount
would be payable in a lump sum at the time
of retirement. The Department of State
estimates that this temporary provisions,
over the 5 years that it will operate, will
cost approximately $676,000, which will be
paid out of the Foreign Service retirement
and disability fund, no appropriation being
required.
It appears possible that some members
of this group of involuntary retirees may
not have knowledge of this possibility. The
committee urges the Department to dissem-
inate information about this matter widely
so that persons affected can take appro-
priate steps to minimize any adverse finan-
cial consequences which can be foreseen.
25. Section 35-Increase from 5 to 6 }12
percent in Foreign Service personnel contri-
butions to the retirement fund and match-
ing contributions by the Government to the
fund: Section 35 of the bill would amend
section 811 of the act to place the financing
of the Foreign Service retirement and dis-
ability fund on the same basis as the civil
service retirement system. It would in-
crease the rate of contribution to the For-
eign Service retirement and disability fund
from 5 to 61/2 percent of basic salary. It
would also provide a matching contribu-
tion to the fund from the appropriation for
Foreign Service salaries.
The cost of the proposed matching con-
tribution to the fund will be $2.5 million
per year. The Department of State has
been getting annual appropriations for the
fund averaging $1.5 million for the last 4
years. There were no payments to the fund
out of appropriations for several years prior
to that. The fund's potential liabilities
therefore exceed its assets and the proposed
$2.5 million annual snatching contribution
will enable the fund to restore financial
balance.
26. Section 36(a.)-Benefits for survivors
of Foreign Service officers: Section 36(a) of
the bill world revise sections 821(b) and
821(c) of the act to provide benefits for
surviving spouses and children of partici-
pants in the Foreign Service retirement
system like the benefits provided for sur-
vivors of participants in the civil service re-
tirement system.
The proposed changes in section 821 will
increase survivor benefits at a reduced cost
to the participant. The proposed formula
for computing a joint . and survivorship
annuity under which the retiring officer
elects to receive a reduced annuity and, upon
death, an annuity for a wife or a husband,
and the proposed formula for computing
annuities for surviving dependent children
are similar to those now in the civil service
retirement system. The following example
from pages 234-235 of the hearings will
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 Approved Foe l~eff1&~RP6R000400010057-3
illustrate the advantages to the participant
of the proposed formula over the existing
formula.
Average salary for highest 5 years
of service----------------------- $10,000
Annuity (2 percent times 30 years
of service) ---------------------- 6,000
f;XISTING
Maximum survivor annuity-------- 2, 500
Cost to officer--------------------- 1,250
Officer's reduced annuity---------- 4,750
Maximum surviving annuity pay-
able to a dependent child-------- 0
PROPOSED
Maximum survivor annuity-------- 3,000
Cost to officer (21/2 percent of $2,400
equals $60; 10 percent of $3,600
equals $360) -------------------- 420
Officer's reduced annuity---------- 5,580
Maximum surviving annuity pay-
able to a dependent child:
With surviving parent----------- 600
With no surviving parent-------- 720
'The change in section 821(b) also elimi-
nates a so-called gambling provision from
existing law which now permits the par-
ticipants to accept a further reduction of 5
percent of the spouse's annuity in order to
provide for restoration of the full annuity
if the spouse predeceases the participant.
This gambling provision is not based on
sound actuarial principles.
Benefits for surviving children of partici-
pants in the Foreign Service retirement and
disability system are being provided for the
first time in this bill. They have long been
available under the civil service retirement
system.
27. Section 37(a) -Return to duty of per-
son recovered from disability: Section 37(a)
of the bill would amend section 831(b) of the
act relating to disability annuitants. Three
principle changes are made: First, the pro-
visions on annual examinations of disability
annuitants are made more strict; second,
new authority is given to permit the return
to active duty in the Service of a disability
annuitant who recovers sufficiently; third,
the Secretary is given authority to establish
by regulation a board of physicians who will
advise him with regard to disability annui-
tants.
28. Section 30-The right to a deferred
annuity of person who voluntarily leaves the
Foreign Service after 5 years: Section 39 of
the bill would add a new section 834 to the
act which will permit a participant in the
Foreign Service retirement system, upon vol-
ifntary separatign from the Service after 5
years, to choose either to have his contribu-
tions to the fund returned to him with inter-
est or to leave his contribution in the fund
and receive a deferred annuity, based on his
years of service and salary at the time of his
separation, commencing at age 60. Similar
deferred annuities are provided under the
civil service retirement system.
29. Section 46-Amount of permissible
earnings by Foreign Service annuitants who
are reemployed by the Federal Government:
Section 46 of the bill would add a new see-
tton 872 to the act dealing with the question
of the limit on earnings of an annuitant if
he returns to a Government job. Under
present law a Foreign Service retiree who is
reemployed in the Federal Government must
forfeit his annuity during such reemploy-
osent. Under the civil service retirement
system, a retired employee may be reem-
ployed by the Government and continue to
receive his full annuity, plus the difference,
it any, between the annuity and the salary
of the position to which he is appointed.
Unfortunately, in view of the committee,
the provisions of the Civil Service Retire-
ment Act place the Federal Government in
an unfavorable position to compete with
private industry in obtaining the services of
retired Federal personnel whose reemploy-
ment would benefit the Government. This
is because such persons when hired in pri-
vate industry may keep their annuities and
receive the full amount of the salary in
private industry.
The committee recommends the adoption
of the new section 872 which would entitle a
retired Foreign Service employee to receive
the salary of a position to which he may be
appointed plus so much of his annuity
which, when combined with such salary,
does not exceed the highest salary which
such employee was entitled to receive when
he retired from the Foreign Service. The
committee believes that this provision will
be more fair to retired personnel and will
be in the public interest.
30. Section 48-Clarification of authority
to lend Foreign Service employees oversew
household furniture: Section 48 of the bill
would amend section 812 of the act so as to
make it clear that the Secretary of State
may lend furniture, such as chairs and tables
as distinguished from equipment such as
refrigerators, to Foreign Service employees
overseas for use in personally owned or
leased residences. The purpose of this pro-
vision, thus amended, is to save shipping
costs. Certain oversew missions have estab-
lished pools of furniture which can be loaned
to employees, thus saving the cost of ship-
ping such furniture from the United States
or from some other distant Foreign Service
post.
31. Section 49-Clarification of authority
to ship Foreign Service employees' vehicles:
Section 49 of the bill would amend section
913 of the act so as to substitute "motor ve-
hicles or replacement thereof" for the word
"automobiles." The Comptroller General
has ruled that "automobiles" does not mean
motorcycles or motor scooters. Since it
would be cheaper for the Government to
transport motorcycles and motor scooters
than automobiles, the committee believes
that it would be advantageous to broaden
the scope of section 913. The committee ex-
pects the Department in administering sec-
tion 913 to establish by regulation some rea-
sonable limit on the number of motor ve-
hicles which may be transported for Foreign
Service personnel within appropriate periods
of time.
The committee urges the Department of
State to give further study to the matter of
transportation of vehicles overseas for the
official use of U.S. missions. It suggests, for
example, that greater use be made of motor
vehicles built in the country of the mission
since road or other conditions are frequently
such as to make locally built cars more ap-
propriate and, certainly, less expensive than
American cars, counting the transportation
costs from the United States. In circum-
stances warranting transportation of Ameri-
can cars overseas for official use, the com-
mittee believes that small American cars are
just as useful and less offensive to foreign
sensibilities than the larger American cars.
32. Section 51-Conversion table from the
present Foreign Service staff class and salary
schedule to the schedule established by sec-
tion 2 of the bill: Section 51 of the bill con-
tains temporary provisions providing for an
orderly and equitable transfer of Foreign
Service staff officers and employees from
their present classes and salaries to the new
classes and salaries prescribed by the re-
vised section 415 of the act. Under the
conversion scheme no Foreign Service staff
person will have a reduced salary. The
numbers of persons Involved in this trans-
fer in each class and the average salary
adjustment in-the various classes are shown
in the following table take from page 209
of the hearings:
Present
FSS class
FSS -1_______
FSS-2_______
FSS-3__--___
FSS-4_-_____
FSS-5_______
FSS-6_______
FSS-7____-_
1' SS-8_______
FSS-9 -------
3,060
1605
3, 970
3, 77,
1)
2,3811
7,360
3,210
0,115
3,415
5,7011)
3,7(X)
27, 080
23,220
29, 370
116, 740
28, 580
12, 355
15
186,600
I The average salary adjustment has been rounded off
to the nearest dollar. Consequently multiplying Ihe
average per annum adjustment by the number of indi-
viduals does not exactly equal the Iotal cost which has
been computed on the basis of actual salary adjustments.
33. Section 52-Authority to use taxicabs
in lieu of Government vehicles in certain
cases: Section 52 of the bill would amend
section 11 of Public Law 885, 84th Congress
(70 Stat. 890) by making it possible for the
chief of a diplomatic mission to approve the
use of taxicabs, in addition to Government-
owned vehicles, for the transportation of
Government employees from their residence
to the office and return when public trans-
portation facilities other than taxicabs are
unsafe or not available. The committee un-
derstands that the use of taxicabs will be
authorized typically in those cases where the
use of Government-owned vehicles neces-
sitates the use of chauffeurs and makes this
form of transportation more costly than the
use of taxicabs.
34. Section 53-Exclusion from gross in-
come for tax purposes of disability annuity
payments: Section 53 of the bill would
amend section 104(a) of the Internal Reve-
nue Code of 1954 to exempt disability an-
nuities from Federal income tax. This
change is consistent with provisions of the
Internal Revenue Code relating to disabilities
annuities payable to other Government em-
ployees by the Bureau of Employees Com-
pensation. The change is favored by the
Treasury.
35. Section 54-Elimination of free official
services and passports for American vessels
and seamen respectively: Section 54 of the
bill would amend section 12 of the act of
June 26, 1884 (22 U.S.C. 1186) which now
prohibits the charging of fees by consular
officers for official services to American ves-
sels and seamen. The Department will
establish a reasonable schedule of fees for
such services, and give reasonable notice to
the parties affected, but it will not make a
charge for services required by law or serv-
ices which are primarily in the public in-
terest.
Section 54 also amends section 1 of chap-
ter 223 of the act of June 4, 1920 (22 U.S.C.
214) by eliminating free passports to Ameri-
can seamen. No objection was registered
with the committee to this change and the
original reason for the provision has long
since passed.
36. Section 55-Increase In the author-
ization of appropriations for the foreign
buildings program of the Department of
State: Section 55 of the bill would add a new
Num-
ber on
rolls
Dec. 31,
1958
538
922
J38
445
1
3,644
Conversion to
now schedule,
PIS--1.__-
1l S6
FSS--2___
FSS-2___
IFSS-2___
_
1"! S- 3___
FSS-3___
fSS-4__
FSS-4___
FSS- _
fFSS-5___
lrs5-s___
h SS-S6 -7___
FSS-7---
FIRS-8 -_-
FSS-9___
FSS-10__
Num-
her
r
30
15
9
33
17
18
50
19
50
72
I04
37
286
171
367
922
938
445
1
3,644
Tots!
Coil
Average
per
annum
salary
adjust-
ment i
$1 55
209
67
120
222
132
147
169
122
47
35
1110
95
1316
80
18
30
28
is
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 17162
CONG1 ESSIO A_ L REC?xtD - -September 9
aubsection (c) to section 4 of the Foreign
Service Buildings Act, 1926, as amended (22
U.S.C. 295) which would increase by $100
million (of which $50 million represents
foreign currencies) appropriations author-
ized for the purpose of erecting office build-
jwgs and other buildings needed by U.S. mis-
ecions overseas.
The Department of State presented to the
committee a detailed plan for a 5-year build-
i.ng program which was set forth beginning
on page 125 of the hearings on S. 1044. Some
members of the committee have seen the
architectural plans and models for many of
the structures which are to be built pursuant
to this 5-year plan. The committee com-
rnends the Department for the excellence of
these plans.
Mr. FULBRIGHT. Mr. President, the
bill is a very long and involved bill. I
llnd it very difficult to pick out of it any
particular item. I call attention to one
particular feature the committee added
which was not in the bill as it came
from the administration. It was a state-
ment, really, of policy upon functional
and geographic area specialization.
I may say that since the committee
reported the bill, the Deputy Under See-
retary of State for Administration, Mr.
Henderson, telephoned to me, personally,
and stated that he thought this provision
would result in a very great improve-
ment in the policy of the bill.
Mr. MORSE. Mr. President-
Mr. FULBRIGHT. Mr. President, I
may say to the Senator from Oregon
that, as can be seen, the report on the
bill is very full. But if there are any
questions which he would like to ask, I
shall certainly try to answer them.
Mr. MORSE. Mr. President, I do not
need to ask the Senator from Arkansas
or the Senator from Montana any ques-
tions.
As a member of the Foreign Relations
Committee I was an ardent supporter of
the bill. But one of the points which I
thought should be made today in estab-
lishing the legislative history of the bill
calls for a statement in regard to some
of the purposes and intents of the com-
mittee in bringing the bill to the floor
of the Senate.
It is true, as will be seen by examin-
ing the bill, that its first part has to do
with technical matters in regard to sal-
ary equalizations and classifications.
But I should like to have Senators
turn for a moment to page 8 of the com-
mittee report, where we start coming to
grips, by means of the bill, with what
in my :judgment is one of the great needs
for improvement in our Foreign Service
in connection with which our distin-
guished chairman [Mr. FULBRIGHT], as
well as the Senator from Montana I_Mr.
MANSFIELD I have had much to say in
the past-and quite correctly so-about
the need to improve the language capa-
bilities and facilities of our Foreign Serv-
ice officers.
On page 8 of the committee report
will be found a discussion of section 18
of the bill, "Foreign Language Knowl-
edge a Prerequisite to Assignment." This
is an excellent provision of the bill; and
I ask unanimous consent that there be
printed at this point in the RECORD, as
part of my comments on the bill, the
part of page 8 of the committee report
which deals with section 18.
There being no objection, the excerpt
from the report (No. 880) was ordered
to be printed in the RECORD as follows:
13. Section 18--Foreign language knowl-
edge a prerequisite to assignment: Section
18 of the bill would introduce a new see-
tion 578 in the act which would require
the Secretary to designate every Foreign
Service officer position in a foreign country
whose incumbent should have a useful
knowledge of a language of the country.
After a 5-year period to allow for increased
training in foreign languages, each posi-
tion so designated would be filled only by a
qualified person. The Secretary would be
able to make exceptions to this requirement
for individuals or when special or emer-
gency conditions existed.
One of the most common and justified
criticisms of the Foreign Service today is the
low level of language competency through-
out the Service. The facts are familiar that
70 percent of new Foreign Service officers
come into the Service without a knowledge
of any foreign language. Fifty percent of
officers already in the Service lack a knowl-
edge of any foreign language. The figure
on deficiencies in the more difficult lan-
guages are not available but the committee
has no reason to think the figures are any
better with respect to them.
Language competence in the Foreign Serv-
ice is primarily a function of money and
people. With adequate appropriations and
adequate numbers of intelligent officers, any
desired level of language competence can
be obtained. The committee intends that
foreign language competence be raised sub-
stantially-not for its own sake-but based
on actual needs in U.S. missions overseas.
The committee expects that the designation
of Foreign Service officer positions abroad
requiring language competence shall be
based largely on the recommendations of the
mission chief without regard to current
budgetary targets. The Department of
State estimates that the implementation of
the proposed new section 578 will cost about
$250,000 per year over a 5-year period. This
would seem to be a small price when meas-
ured against the urgent need.
Mr. MORSE. Then, Mr. President, I
suggest that Senators turn to page 11 of
the report which deals with section 31,
"Orientation and language training for
wives of U.S. Government employees in
anticipation of assignment overseas."
I believe it is often overlooked that
when we send a Foreign Service officer
abroad, we frequently do not send him
alone; usually his family accompanies
him. The members of his family are
also, in effect, ambassadorial agents of
the people of the United States to that
foreign government.
I believe we have been too much in-
clined to take the families as a matter of
course, and not to be of the assistance
to them which I believe we very often
could be, in order to make them more
capable of serving the Foreign Service
needs of our people abroad.
Section 31 of the bill, is, in my opin-
ion, a very important one; and I wish
to commend the Senator from Arkansas
[Mr. F1uLBRIGHT] and the Senator from
Montana [Mr. MANSFIELDI and the Sena-
tor from Montana who conducted some
of these hearings-in regard to this par-
ticular section of the bill. I believe that
any money our Government spends in
regard to anything it does to be of as-
sistance to the spouses and dependents
of our employees abroad will be money
well spent.
Section 32(b) deals with "Alien lan-
guage teachers for the Foreign Service
Institute." In my judgment, that is ex-
ceedingly important. If we are to train
these people in foreign languages, I
believe we should be willing to build up
the sort of teacher training that the
bill calls for.
I ask unanimous consent to have
printed as part of my remarks in the
RECORD the portion of page 11 of the
committee report which deals with topics
21 and 22, to which I have just now
referred.
There being no objection, the excerpt
from the report was ordered to be printed
in the RECORD, as follows:
21. Section 31, Orientation and language
training for wives of U.S. Government em-
ployees in anticipation of assignment over-
seas: Section 31 of the bill would add a new
sentence to section 701 of the act giving the
Secretary authority to provide orientation
and language training to wives of Govern-
ment employees in anticipation of assign-
ment of such employees abroad. The De-
partment of State has been giving such train-
ing on a space-available basis for some time
but the practice ought to be specifically au-
thorized by law. The Department asked for
authority to train "dependents" of employees
but the committee limited the authority to
"spouses," and inserted the phrase "to the
extent that space is available" in order to
keep such training to reasonable numbers.
22. Section 32(b), Alien language teachers
for the Foreign Service Institute: Section
32 (b) of the bill would add a new subsection
704(e) to the act permitting the Secretary
to employ aliens for the Foreign Service In-
stitute either by appointment to the staff
on a full or part-time basis or by contract for
services. This proposed authority would
apply both in the United States and abroad
because the Foreign Service Institute oper-
ates several language training schools over-
seas. The new authority is essential because,
of course, it is sometimes difficult to find
American citizens sufficiently well qualified
to provide instruction in esoteric languages
and other specialized subjects taught at the
Foreign Service Institute. The authority to
employ by contract is essential since some
language teachers are available in the United
States for only short periods of time and
because some Institute courses are given
periodically.
Mr. MORSE. Mr. President, as the
Senator from Arkansas [Ml'. FULBRIGHTI
has said, other parts of the bill deal with
equalization in regard to some of the
salary schedule problems and classifica-
tions, highly technical in nature. They
speak for themselves, and do not require
any comment.
Mr. President, I wish to commend the
Senator from Arkansas I Mr. FULBRIGHTI
and the Senator from Montana [Mr.
MANSFIELD I for the fine work they have
done in connection with the bill.
I believe the bill is of sufficient im-
portance to be passed-as I am sure it
will be-following a quorum call.
However, Mr. President, I now under-
stand that the acting majority leader
would like to have a quorum call follow-
ing the passage of this bill. I believe I
would have to agree that probably no
Member of the Senate who would come
to the floor of the Senate would in any
way be opposed to a bill of the merit of
this one. So at this time I withhold my
suggestion of the absence of a quorum;
but I wish to have a quorum call imme-
diately following the passage of the bill.
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Mr. MANSFIELD. Mr. President, I Mr. MANSFIELD. I thank the Sena- rates of salary differential, not exceeding 15
will say to the Senator from Oregon that for from Oregon. per centum of basic salary, for officers or
F do not know of any Member who is in The VICE PRESIDENT. If there be employees of the Service while they are as-
Opposition to the bill, which was reported no amendment to be proposed, the ques- signed for duty as couriers."
_the ossment and third SEc. 9. Title V of such Act is amended by
adding at the beginning thereof the follow-
1.1t.11im from the Foreign Relations Lion is on P_ ll
bill
of th
i
di
,
on:
llg
e
. -.`ing new sect
committee. ra
iMr. MORSE. Yes. I merely wish t16~ The bill (S. 2633) was ordered to be "POLICY
the bill, I believe it very important in
these closing days of the session that
transactions in regard to important
pieces of proposed legislation not be con-
ducted without giving notice, by means
of quorum calls.
However, I agree that this measure is
very obviously desirable of enactment,
and does have the unanimous support of
the Foreign Relations Committee; and,
therefore, i withhold the suggestion of
the absence of a quorum.
{11u~:=.1________________________________
---"---------"---------------
3___________"_-"________-__-
?'(`];c; 4-----------------------------
"('l s 5-__"________-______________"_-
"('la,: ii_____________ _. ______"_______-
s 7-"_
"CI:c:, 8....-------------?------------ --..-
"Class _______________I________-_-
"Cl:r.:, 10--- ----------------
third time, and passed, as follows:
Be it enacted MI-tn7-mate'-MrTt'3fo'(ige Of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Foreign Service Act
Amendments of 1959".
SEc. 2. Section 415 of the Foreign Service
Act of 1946, as amended, is amended to read
as follows:
"SEC. 415. (a) There shall be ten classes
of Foreign Service staff officers and em-
ployees, referred to hereafter as staff officers
and employees. The perannum salaries of
staff officers and employees within each class
shall be as follows:
$1), (33) 411, 090
It 900 10. 175
8,140 8,415
7,000 7, 225
6, 150 0, 350
5, 3011 5, fi()0
4, 115)) 4, 8011
4,200 4,350
3,750 3, 000
3, 500 3, 600
"(b) Notwithstanding the provisions of
paragraph (a) of this section, the Secretary
may, under such regulations as he may pre-
scribe, fix the salary at lesser rates than those
prescribed by this section for the applicable
class of staff officers or employees who are
recruited. abroad and who are not available
or are not qualified for transfer to another
post."
SEc. 3. Section 416 of such Act is amended
to read as follows:
"Sic. 416. (a) A person appointed as a staff
Officer or employee shall receive basic salary
at one of the rates of the class to which he
is appointed which the Secretary shall, tak-
ing into account his qualifications and ex-
perience and the needs of the Service, deter-
mine to be appropriate for him to receive.
"(h) Whenever the Secretary determines
that the needs of the Service warrant the
appointment of staff officers or employees
in a particular-occupational group uniformly
at a rate above the minimum rate of the
applicable class, he may adjust the basic
salary of any staff officer or employee in the
same class and occupational group who is
receiving less than such 'established rate."
aE c. 4. Section 417 of such Act is amended
by striking out "(b)" in the first sentence.
5. Section 431 of such Act is amended
by striking out in the first sentence of para-
graph (a) the phrase "the termination of
time spent on authorized leave, whichever
shill be later," and inserting in lieu thereof
the phrase "upon termination of his service
in accordance with the provisions of para-
graph (b) of this section,"; and by amending
paragraph (b) of this section to read as fol-
lows:
"(b) The official services of a chief of mis-
sion shall not be deemed terminated by the
appointment of a successor but shall con-
tinue until he has relinquished charge of
tlic mission and for such additional period
as may be determined by the Secretary, but
in no case shall such additional period ex-
ceed fifty days, including time spent in
transit. During such period the Secretary
may require him to render such services as
he may deem necessary in the interests of
the Government."
5Ec. 6. Section 441 of such Act and the
Beading to such section are amended to
react as follows:
$12, 320
$12, 1550
$12,980
$1:), 310
$13, 1140
10, 450
10, 725
11, (66)
11,275
11, 550
8, ot)o
8, 9)55
0,210
9, 515
0, 791)
7, 150
7, 675
7, 950
8, 125
8,350
1
0, 55(
6 7,50
6,050
7,150
7,3-,0
5, 7011
5, 900
6i, 100
6, :30o
6, 500
4, 950
5i, 10o
5,2,-,0
5,400
5,1550
4,500
4,650
4, ),0))
4, 950
5,100
4. 050
4,200
4, 350
4, 500
4, 6511
3, 700
3, Sot
3, 900
4, 000
4, 109
"CLASSIFICATION OF POSITIONS IN THE FOREIGN
SERVICE AND IN THE DEPARTMENT
"SEC. 441. (a) Under such regulations as
he may prescribe, and in order to facilitate
effective management, the Secretary shall
classify all positions in the Service at posts
abroad, excluding positions to be occupied
by chiefs of mission, and in the case of
those occupied by Foreign Service officers,
Reserve officers, and staff officers and em-
ployees, he shall establish such positions in
relation to the classes established by sec-
tions 412, 414, and 415, respectively. Posi-
tions occupied by alien employees and con-
sular agents, respectively, shall be allocated
to such classes as the Secretary may estab-
lish by regulation.
"(b) Under such regulations as he may
prescribe, the Secretary may, notwithstand-
ing the provisions of the Classification Act
of 1949, as amended (5 U.S.C. 1071 and the
following), classify positions in or under the
Department which he designates as Foreign
Service Officer positions to be occupied by
officers and employees of the Service, and
establish such positions in relation to the
classes established by sections 412, 414, and
415."
SEC. 7. Section 444 of such Act and the
heading to such section are amended to read
as follows:
"COMPENSATION PLANS FOR ALIEN EMPLOYEES
"SEc. 444. (a) The Secretary shall, in ac-
cordance with such regulations as he may
prescribe, establish compensation plans for
alien employees of the Service: Provided,
That such compensation plans shall be based
upon prevailing wage rates and compensation
practices for corresponding types of positions
in the locality, to the extent consistent with
the public interest.
"(b) For the purpose of performing func-
tions abroad, other Government agencies are
authorized to administer alien employee
programs in accordance with the applicable
provisions of this Act."
SEC. 8. Section 446 of such Act and the
heading to such section are amended to read
as follows:
"ADMINISTRATIVE ESTABLISHMENT OF HAZARD-
OUS DUTY PAY FOR CERTAIN CATEGORIES OF
OFFICERS AND EMPLOYEES
"SEC. 446. The Secretary may, under such
regulations as he may prescribe, establish
"SEc. 500. It is the policy of the Congress
that chiefs of mission and Foreign Service
officers appointed or assigned to serve the
United States in foreign countries shall have,
to the maximum practicable extent, among
their qualifications, a useful knowledge of
the principal language or dialect of the
country in which they are to serve, and
knowledge and understanding of the history,
the culture, the economic, and political insti-
tutions, and the interests of such country
and its people."
SEC. 10. (a) The heading to section 516 of
such Act is amended to read as follows:
"ADMISSION TO CLASS 7 OR 8".
(b) Section 516 of such Act is amended by
striking out "SEc. 516" and inserting in lieu
thereof "SEC. 516. (a)" and by adding at the
end thereof a new paragraph (b) which shall
read as follows:
"(b) The Secretary may furnish the Pres-
ident with the names of those persons who
have passed such examinations and are
eligible for appointment as Foreign Service
officers of class 8, whom he recommends for
appointment directly to class 7 when in his
opinion, their age, experience, or other quali-
fications make such an appointment appro-
priate."
SEC. 11. (a) Section 517 of such Act is
amended by striking out the words "A person
who has not served in class 8" which appear
at the beginning of the first sentence, and
inserting in place thereof the following: "A
person who has not been appointed as a
Foreign Service officer in accordance with
section 516 of this Act".
(b) Section 517 of such Act is further
amended by striking out the second and
third sentences of such section.
SEC. 12. (a) The heading to section 520 of
such Act is amended by striking out the
phrase "REINSTATEMENT AND RECALL" and sub-
stituting in lieu thereof the phrase "REAP-
POINTMENT, RECALL, OR REEMPLOYMENT".
(b) The first sentence of paragraph (a) of
section 520 of such Act is amended by in-
serting a period after the word "Service"
where it appears for the third time, and by
striking out the remainder of that sentence.
(c) Pararaph (b) of section 520 of such
Act is amended to read as follows:
"(b) The Secretary may recall any retired
Foreign Service officer temporarily to duty
in the Service whenever he shall determine
such recall is in the public interest."
(d) Section 520 of such Act is further
amended by adding at the end thereof a new
paragraph (c) which shall read as follows:
"(c) Notwithstanding the provisions of
title 5, United States Code, section 62, and
title 5, United States Code, section 715a.
a Foreign Service officer heretofore or here-
after retired under the provisions of sec-
tion 631 or 632 or a Foreign Service staff
officer or employee hereafter retired under
the provisions of section 803 shall not, by
reason of his retired status, be barred from
employment in Federal Government service
in any appointive position for which he
is qualified. An annuitant so reemployed
shall serve at the will of the appointing of-
ficer."
SEC. 13. Section 528 of such Act is amend-
ed by striking out in the second sentence
of such section the phrase "subsection (d),
section 7, of the Classification Act of 1923"
and substituting in lieu thereof the phrase
"the Classification Act of 1949".
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Sac. 14. Section 531 of such Act is amend-
ed to read as follows;
"SEC. 531. The Secretary may, under such
regulations as he may prescribe, appoint
staff officers and employees on the basis of
qualifications and experience. The Secre-
i,ary may make provisions for temporary,
limited, and such other types of appoint-
ment as he may deem necessary. He is au-
thorized to establish appropriate probation-
ary periods during which newly appointed
,staff officers or employees, other than those
appointed for temporary or limited services
shall be required to serve. The Secretary
may terminate at any time, without regard
to the provisions of section 637, or the pro-
visions of any other law, staff officers or em-
ployees appointed for temporary or limited
service and staff officers or employees who
have not completed probationary periods,
except that if such separation is by reason of
misconduct the provisions of section 637
shall be applicable."
SEc. 15. Section 532 of such Act is amend-
ed to read as follows:
"SEC. 532. Under such regulations as he
may prescribe, the Secretary may assign a
staff officer or employee to any post or he
may assign him to serve in any position in
which he is eligible to serve under the terms
of this or any other Act. A staff officer or
employee may be transferred from one post
to another by order of the Secretary as the
interests of the Service may require."
SEC. 16. (a) Section 571 of such Act Is
amended by striking out paragraphs (a),
(b), (c), and (d), and the heading to such
section, and inserting in lieu thereof the
following:
"ASSIGNMENTS TO ANY GOVERNMENT AGENCY
OR INTERNATIONAL ORGANIZATION
"SEC. 571. (a) Any officer or employee of
the Service may, in the discretion of the
Secretary, be assigned or detailed for duty
in any Government agency, or in any Inter-
national organization, international com-
mission, or international body, such an as-
signment or combination of assignments to
be for a period of not more than four years,
except that under special circumstances the
Secretary may extend this four-year period
for not more than four additional years.
"(b) If a Foreign Service officer shall be
appointed by the President, by and with the
advice and consent of the Senate, or by
the President alone to a position In any
Government agency, any United States dele-
gation or mission to any international or-
ganization, in any international commission,
or in any international body, the period of
his service in such capacity shall be con-
strued as constituting an assignment with-
in the meaning of paragraph (a) of this sec-
tion and such person shall not, by virtue of
the acceptance of such an assignment, lose
his status as a Foreign Service officer. Serv-
ice in such a position shall not however, be
subject to the limitations concerning the
duration of an assignment contained in that
paragraph.
"(c) If the basic minimum salary of the
position to which an officer or employee of
the Service is assigned pursuant to the
terms of this section is higher than the sal-
ary such officer or employee is entitled to
receive as an officer or employee of the Serv-
ice, such officer or employee shall, during
the period such difference in salary exists,
receive the salary and allowances of the posi-
tion in which he is serving in lieu of his
salary and allowances as an officer or em-
pioyee of the Service. Any salary paid un-
dcr the provisions of this section shall be the
salary on the basis of which computations
and payments shall be made in accordance
with the provisions of title VIII. No officer
or employee of the Service who, subsequent
lo the effective date of the Foreign Service
Act Amendments of 1959, is assigned to, or
who, after June 30, 1960, occupies a position
in the Department that is designated as a SEC. 21. The heading "PART D-SEPARATION
Foreign Service Officer position, shall be en- of FOREIGN SERVICE OFFICERS FROM THE
titled to receive a salary differential under SERVICE" under title VI of such Act is
the provisions of this paragraph." amended to read as follows: "PART D-SEP-
(b) Paragraph (e) of section 571 Of Such ARATION OF OFFICERS AND EMPLOYEES FROM
Act is amended by striking the phrase "with THE SERVICE".
heads of Government agencies" where it ap- SEC. 22. Section 631 of such Act and the
pears in the second sentence and by redesig- heading to such section are amended to read
nating the paragraph as "(d) ". as follows:
(c) Section 571 of such Act is amended by
adding at the end of such section a new para-
graph (e) which shall read as follows:
"(e) Any Foreign Service officer or em-
ployee assigned to duty in the continental
United States between assignments abroad,
and any Foreign Service officer of class 7 or
8 assigned to duty in the continental United
States prior to assignment abroad shall re-
ceive, during the course of such period of
assignment, a differential applied to basic
salary of 8 per centum if without dependents,
11 per centum if with one to three depend-
ents, and 13 per centum if with more than
three dependents to assist in defraying the
cost of quarters."
SEC. 17. Section 575 of such Act is
amended by striking out all after the word
"accordance" and inserting in lieu thereof
the phrase "with the appropriate provisions
of titles III and IX of Public Law 402,
Eightieth Congress (62 Stat. 7 and 13; 22
U.S.C. 1451-1453, 1478 and 1479)."
SEC. 18. Title V of such Act is further
amended by adding at the end thereof the
following new section:
"FOREIGN LANGUAGE KNOWLEDGE PREREQUISITE
TO ASSIGNMENT
"SEC. 578. The Secretary shall designate
every Foreign Service officer position in a
foreign country whose incumbent should
have a useful knowledge of a language or
dialect common to such country. After De-
cember 31, 1963, each position so designated
shall be filled only by an incumbent having
such knowledge: Provided, That the Secre-
tary or Deputy Under Secretary for Admin-
istration may make exceptions to this re-
quirement for individuals or when special
or emergency conditions exist. The Secre-
tary shall establish foreign language stan-
dards for assignment abroad of officers and
employees of the Service, and shall arrange
for appropriate language training of such
officers and employees at the Foreign Service
Institute or elsewhere."
SEC. 19. Section 625 of such Act and the
heading of such section are amended to read
as follows:
"WITHIN-CLASS SALARY INCREASES OF FOREIGN
SERVICE OFFICERS AND RESERVE OFFICERS
"FOREIGN SERVICE OFFICERS WHO ARE CAREER
AMBASSADORS OR CAREER MINISTERS
"SEC. 631. Any Foreign Service officer who
is a career ambassador or a career minister,
other than one occupying a position as chief
of mission or any other position to which
he has been appointed by the President, by
and with the advice and consent Of the Sen-
ate, shall upon reaching the age of sixty-five,
be retired from the Service and receive re-
tirement benefits in accordance with the pro-
visions of section 821, but whenever the
Secretary shall determine it to be in the
public Interest, he may extend such an
officer's service for a period not to exceed five
years."
SEC. 23. Section 632 of such Act and the
heading to such section are amended to read
as follows:
"FOREIGN SERVICE OFFICERS WHO ARE NOT
CAREER AMBASSADORS OR CAREER MINISTERS
"SEC. 632. Any Foreign Service officer, other
than one occupying a position as chief of
mission or any other position to which he
has been appointed by the President, by and
with the advice and consent of the Senate,
who is not a career ambassador or a career
minister shall, upon reaching the age of
sixty, be retired from the Service and receive
retirement benefits in accordance with the
provisions of section 821, but whenever the
Secretary shall determine it to be in the
public interest, he may extend such an
officer's service for a period not to exceed
five years."
SEC. 24. Subparagraphs (1) and (2) of
paragraph (b) of section 634 of such Act
are amended to read as follows:
"(1) one-twelfth of a year's salary at his
then current salary rate for each year of
service and proportionately for a fraction of
a year, but not exceeding a total of one year's
salary at his then current salary rate, pay-
able without interest, from the Foreign
Service Retirement and Disability Fund, in.
three equal installments on the 1st day of
January following the officer's retirement
and on the two anniversaries of this date
immediately following: Provided, That in
special cases, the Secretary may in his dis-
"SEC. 625. Any Foreign Service officer or cretion accelerate or combine the install-
any Reserve officer, whose services meet the ments; and
standards required for the efficient conduct "(2) a refund of the contributions made
of the work of the Service and who shall have to the Foreign Service Retirement and Dis-
been in a given class for a continuous period ability Fund, with interest as provided in
of nine months or more, shall, on the first section 841(a), except that in lieu of such
day of each fiscal year, receive an increase refund such officer, if he has at least five
in salary to the next higher rate for the class years of service credit toward retirement
in which he is serving. Without regard to under the Foreign Service Retirement and
any other law, the Secretary is authorized to Disability System, excluding military or
grant to any such officer additional increases naval service that is credited in accordance
in salary, within the salary range established with the provisions of section 851 or852(a),
for the class in which he is serving, based may elect to receive retirement benefits on
upon especially meritorious service." reaching the age of sixty in accordance with
SEC. 20. Title VI of such Act is amended the provisions of section 821. In the event
by inserting after section 625 the following that an officer who was separated from class
new section and the heading thereto: 4 or 5 and who has elected to receive retire-
"RELATIONSHIP BETWEEN PROMOTIONS AND ment benefits dies before reaching the age of
FUNCTIONAL AND GEOGRAPHIC AREA SPECIALI- sixty, his death shall be considered a death
ZATION in service within the meaning of section 832.
"SEc. 626. The achievement of the objec- In the event that an officer who was separated
from class 6 or 7 and who has elected to re-
tives of this Act requires increasing numbers
of Foreign Service officers to acquire func- ceive retirement benefits dies before reaching tional and geographic area specializations the age of sixty, the total amount of his con-
and to pursue such specializations for a sub- tributions made to the Foreign Service Re-
stantial part of their careers. Such speciali- tirement and Disability Fund, with interest
zation shall not in any way inhibitor preju- as provided In section 841(a), shall be paid
dice the orderly advancement through Class 1 in accordance with the provisions of section
of any such officer in the Foreign Service." 841(b)."
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1959 CONGRESSIONAL RECORD - SENATE
SEr. 25. Section 635 of such Act and the
heading to such section are amended to read
a.s follows:
"FOREIGN SERVICE OFFICERS RETIRED FROM
CLASS 7 OR B
".EC.635. Any Foreign Service officer in
class 7 who is appointed under the provi-
sions of section 516(b) and any Foreign
Service officer in class 8 shall occupy pro-
bationary status. The Secretary may termi-
iiate his service at any time."
ac. 26. Section 1335 of such Act is amended
by striking out the phrase "Any Foreign
Service officer" and inserting in lieu thereof
the phrase "Any participant in the Foreign
Service Retirement and Disability System".
Sac 27. (a) Paragraphs (a), (b), (c), and
(d) of section 637 of such Act and the head-
ing to such section are amended to read as
follows:
"SEPARATION FOR CAUSE
"dcc.537. (a) The Secretary may, under
such regulations as he may prescribe, sepa-
rate from the Service any Foreign Service
Officer, Reserve officer, or staff officer ar em-
ployee, on account of the unsatisfactory per-
formance of his duties, or for such other
cause as will promote the efficiency of the
Service, with reasons given in writing, but
no such officer or employee shall be so sepa-
rated until he shall have been granted a
hearing by the Board of the Foreign Service
and the unsatisfactory performance of his
duties, or other cause for separation, shall
have been established at such hearing, un-
less he shall have waived in writing his right
to a hearing. The provisions of this section
shall not apply to Foreign Service officers of
class 8 or any other officer or employee of the
Service who is in a probationary status or
whose appointment is limited or temporary,
except when separation is by reason of mis-
conduct.
"(b) Any participant in the Foreign Serv-
ice Retirement and Disability System sepa-
rated under the provisions of paragraph (a)
of this section shall receive it refund of the
contributions made to the Foreign Service
Retirement and Disability Fund, with in-
terest, as provided in section 841(a) except
that in lieu of such refund such officer may
(except in cases where the Secretary deter-
mines that separation was ba^,sed in whole or
in part on the ground of disloyalty to the
United States) if he has at least five years of
service credit toward retirement under this
System, excluding military or naval service
that is credited in accordance with the pro-
visions of section 851 or 852(a), elect to
leave his contributions in the Fund and
receive an annuity, computed as prescribed
in section 821 commencing at the age of
sixty years. In the event that an officer
who has elected under the provisions of this
;,ection to receive a deferred annuity dies
before reaching the age of sixty, his contri-
butions to the Fund, with interest, shall be
pod in accordance with the provisions of
sections 841 and 881.
"(c) Any officer or employee of the Service
separated under the provisions of paragraph
(a,) of this section who is not a participant
in the Foreign Service Retirement and Dis-
ability System shall be entitled only to such
benefits as shall accrue to him under the
retirement system in which he is a partici-
(1 iii Ii.
"(d) Any payments made in accordance
with the provisions of paragraph (b) of this
:a'ction shall be made out of the Foreign
;:'Service Retirement and Disability Fund.'
f~irc.28. Section 638 of such Act and the
heading to such section are amended to read
as follows:
''TERMINATION OF LIMITED APPOINTMENTS OF
FOREIGN SERVICE RESERVE OFFICERS AND STAFF
OCFICEaS AND EMPLOYEES
"Sic, 638. Notwithstanding the provisions
i this or any other law, the Secretary may,
a,ider such regulations as he may prescribe.
terminate at any time the services of any
Reserve officer or staff officer or employee
serving under limited appointment, except
that, if the termination is because of mis-
conduct, the provisions of section 637 shall
be applicable. This section shall not modify
the conditions of employment of, and shall
not be applicable to, staff officers who ac-
cepted Reserve officer appointments during
the period from September 1, 1958, through
December 31, 1958."
SEC. 29. Section 641 of such Act is amended
to read as follows:
"SEc. 641. All promotions of staff officers
and employees to a higher class shall be
made at a higher salary on the basis of per-
formance and merit in accordance with such
regulations as the Secretary may prescribe."
SEC. 30. Section 642 of such Act and the
heading thereto are amended to read as
follows:
"WITHIN CLASS AND LONGEVITY SALARY
INCREASES
"SEC. 642. (a) Under such regulations as
the Secretary may prescribe, any staff officer
or employee whose services meet the stand-
ards required for the efficient conduct of the
work of the Service shall receive an increase
in salary at periodic intervals to the next
higher salary rate for the class in which he Is
serving. Without regard to any other law
the Secretary is authorized to grant any
such officer or employee additional increases
in salary within the salary range established
for the class in which he is serving, based
upon specially meritorious service.
"(b) Under such regulations as the Secre-
tary may prescribe, any staff officer or em-
ployee who has attained the maximum salary
rate prescribed by section 415 for the class
in which he is serving may be granted from
time to time an additional salary increase
beyond the maximum salary rate for his
class in recognition of longevity and pro-
ficiency in the Service. Each such salary
increase shall be equal to the maximum
salary rate increase of the applicable class
and no person shall receive more than four
such salary increases while serving in the
same class."
SEC. 31. Section 701 of such Act is amended
by adding at the end thereof the following:
"The Secretary may also provide to the ex-
tent that space is available therefor appro-
priate orientation and language training to
spouses of officers and employees of the Gov-
ernment in anticipation of the assignment
abroad of such officers and employees. Other
agencies of the Government shall wherever
practicable avoid duplicating the facilities
of the Institute and the training provided by
the Secretary at the Institute or elsewhere."
SEC. 32. (a) Paragraph (a) of section 704
of such Act is amended by striking out "1923"
in the two places where it appears and in-
serting in lieu thereof "1949".
(b) Section 704 of such Act is amended
by adding at the end of such section new
paragraphs (e) and (f) which shall read as
follows:
"(e) The Secretary may, under such regu-
lations as he may prescribe, in the absence
of suitably qualified United States citizens,
employ persons who are not citizens of the
United States by appointment to the staff of
the Institute either on a full- or part-time
basis or by contract for services in the United
States or abroad at rates not in excess of
those provided by the Classification Act of
1949, as amended (5 U.S.C. 1071).
"(f) The Secretary may, under such regu-
lations as he may prescribe, provide special
monetary or other incentives not incon-
sistent with this Act to encourage Foreign
Service personnel to acquire or retain pro-
ficiency In esoteric foreign languages or
special abilities needed in the Service."
SEC. 33. (a) Section 803(b) (2) of such Act
Is amended to read as follows-
"(2) have paid into the Fund a special
contribution for each year of such service in
accordance with the provisions of section
852(b)."
(b) Section 803 is further amended by
adding at the end thereof a new paragraph
(c) which shall read as fololws:
"(c) (1) In. accordance with such regula-
tions as the President may prescribe, any
Foreign Service staff officer or employee ap-
pointed by the Secretary of State who has
completed at least ten years of continuous
service in the Department's Foreign Service,
exclusive of military service, shall become a
participant In the System and shall make a
special contribution to the Fund in accord-
ance with the provisions of section 852.
"(2) Any such officer or employee who,
under the provisions of paragraph (c) (1)
of this section, becomes a participant in the
System, shall be mandatorily retired for
age during the first year after the effective
date of this section if he attains age sixty-
four or if he is over age sixty-four; during the
second year at age sixty-three; during the
third year at age sixty-two; during the fourth
year at age sixty-one, and thereafter at age
sixty.
"(3) Any officer or employee who becomes
a participant under the provisions of para-
graph (c) (1) of this section, who is age sixty-
one or over on the effective date of this sec-
tion, and who is retired manclatorily under
the provisions of paragraph (c) (2) of this
section, shall receive, in addition to retire-
ment benefits under section 821, one-twelfth
of a year's salary at his then current rate for
each year of service and proportionately for
a fraction of a year, but not exceeding a total
of one year's salary at his then current salary
rate, payable without Interest, from the
Fund, at the time of his retirement."
SEC. 34. Section 804 of such Act is amended
to read as follows:
"Sm. 804. (a) Annuitants shall be persons
who are receiving annuities from the Fund
on the effective date of this Act and all per-
sons, including surviving wives and hus-
bands, widows, dependent widowers, children,
and beneficiaries of participants or annui-
tants who shall become entitled to receive
annuities in accordance with the provisions
of this Act, as amended, or in accordance
with the provisions of section 5 of the Act
of May 1, 1956 (70 Stat. 125).
"(b) When used in this title the term-
"(1) 'Widow' means the surviving wife of
a participant who was married to such par-
ticipant for at least two years immediately
preceding his death or is the mother of issue
by such marriage.
"(2) `Dependent widower' means the sur-
viving husband of a participant who was
married to such participant for at least two
years immediately preceding her death or
is the father of issue by such marriage, and
who is incapable of self-support by reason of
mental or physical disability, and who re-
ceived more than one-half of his support
from such participant.
"(3) 'Child' means an unmarried child,
under the age of eighteen years, or such
unmarried child regardless of age who be-
cause of physical or mental disability in-
curred before age eighteen is incapable of
self-support, In addition to the offspring
of the participant and his or her spouse the
term includes (a) an adopted child, and (h)
a stepchild or recognized natural child who
received more than one-half of his support
from the participant."
SEC. 35. Section 811 of such Act is amended
to read as follows:
"SEc. 811. (a) Six and one-half per centuns
of the basic salary received by each partici-
pant shall be contributed to the Fund for the
payment of annuities, cash benefits, refunds,
and allowances. An equal sum shall also be
contributed from the respective appropri-
ations or fund which is used for payment of
his salary. The amounts deducted and with-
held from basic salary together with the
amounts so contributed from the appropria-
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Lou or fund, shall be deposited by the De-
partment of State in the Treasury of the
United States to the credit of the Fund.
"(b) Each participant shall be deemed
fo consent and agree to such deductions from
basic salary, and payment less such deduc-
tauns shall be a full and complete discharge
and acquittance of all claims and demands
vaha.tsoever for all regular services during
Lie period covered by such payment, except
the right to the benefits to which he shall
be entitled under this Act, notwithstanding
any law, rule, or regulation affecting the
i.ndividuars salary."
SEC. 36 (a) Paragraphs (a), (b), and (c)
of section 821 of such Act are amended to
read as follows:
'SEC. 821. (a) The annuity of a partici-
pant shall be equal to 2 per centum of his
average basic salary for the highest five con-
secutive years of service, for which full con-
tributions have ben made to the Fund, mul-
t.iplied by the number of years, not exceed-
ing thirty-five, of service credit obtained in
accordance with the provisions of sections
851, 852, and 853. However, the highest five
years of service for which full contributions
have been made to the F'und shall be used in
computing the annuity of any participant
who serves as chief of mission and whose
continuity of service as such is interrupted
prior to retirement by appointment or assign-
ment to any other position determined by the
Secretary to be of comparable importance.
In determining the aggregate period of serv-
ice upon which the annuity is to he based,
the fractional part of a month, if any, shall
not be counted.
"(b) At the time of retirement, any mar-
ried participant may elect to receive a re-
duced annuity and to provide for an annuity
payable to his wife or her husband, com-
mencing on the date following such par-
ticipant's death and terminating upon the
death of such surviving wife or husband.
The annuity payable to the surviving wife
or husband after such participant's death
shall be 50 per centum of the amount of the
patricipant'; annuity computed as prescribed
Di paragraph (a) of this section, up to the
fulll amount of such annuity specified by
him as the base for the survivor benefits.
The annuity of the participant making such
election shall be reduced by 21, per centum
of any amount up to $2,400 he specifies as
the base for the survivor benefit plus 10 per
centum of any amount over $2,400 so speci-
fied.
"(c) (1) If an annuitant dies and is sur-
vived by a wife or husband and by a child or
children, in addition to the annuity payable
to the surviving wife or husband, there shall
be paid to or on behalf of each child an
:!rniirity equal to smallest of: (i) 40 per
centum of the annuitant's average salary
divided by the number of children; (ii) $600;
or (iii) $1,800 divided by the number of
children.
"(2) If an annuitant dies and is not sur-
vived by a wife or husband but by a, child
or children, each surviving child shall be paid
sill annuity equal to the smallest of: (i)
50 per centum of the annunitant's average
malarv divided by the number of children;
(ii; $720; or (iii) $2,160 divided by the
number of children."
(b) Section 821 of such Act is further
nmen(ted by adding new paragraphs (d), (e),
and (f) which shall read as follows:
"(d) If a surviving wife or husband dies
or the annuity of a child is terminated, the
annuities of any remaining children shall be
rceomn)uted and paid as though such wife,
inn band, or child had not survived the par-
ticipant.
"(c) The annuity payable to a child under
1>-rragrapfi (c) or (d) of this section shall
iuer5n on the first day of the next month
i ;r the pal ricipant dies and such annuity
or any right thereto shall be terminated upon
death, marriage, or attainment of the age of
eighteen years, except that, if a child is in-
capable of self-support by reasons of mental
or physical disability, the annuity shall be
terminated only when such child dies, mar-
ries, or recovers from such disability.
"(f) At the time of retirement an unmar-
ried participant may elect to receive a re-
duced annuity and to provide for an annuity
equal to 50 percentum of the reduced an-
nuity payable after his or her death to a
beneficiary whose name shall be designated
in writing to the Secretary. The annuity
payable to a participant making such elec-
tion shall be reduced by 10 per centum of
an annuity computed as provided in para-
graph (a) of this section and by 5 per centum
of an annuity so computed for each full
five years the person designated is younger
than the retiring participant, but such total
reduction shall not exceed 40 per centum.
No such election of a. reduced annuity pay-
able to a beneficiary shall be valid until the
participant shall have satisfactorily passed a
physical examination as prescribed by the
Secretary. The annuity payable to a bene-
ficiary under the provisions of this para-
graph shall begin on the first day of the next
month after the participant dies. Upon the
death of the surviving beneficiary all pay-
ments shall cease and no further annuity
payments authorized under this paragraph
shall be due or payable."
Sec. 37. (a) Paragraphs (a), (b), and (c)
of section 831 of such Act are amended to
read as follows:
"(a) Any participant who has :five years
of service credit toward retirement under
the System, excluding military or naval
service that. is credited in accordance with
provisions of section 851 or 852(a) (2), and
who becomes totally disabled or incapaci-
tated for useful and eiiicient service by rea-
son of disease, illness, or injury not due to
vicious habits, intemperance, or willful mis-
conduct on his part, shall, upon his own ap-
plication or upon order of the Secretary, be
retired on an annuity computed as pre-
scribed in section ft21. If the disabled or
incapacitated participant has less than twen-
ty years of service credit toward his retire-
ment under the System at the time he is
retired, his annuity shall be computed on
the assumption that he has had twenty
years of service. but the additional service
credit that may accrue to it participant un-
der this provision shall in no case exceed
the difference between his age at the time
of retirement and the mandatory retirement
age applicable to his class in the Service.
"(b) In each case, the participant shall
be given a physical examination by one or
more duly qualified physicians or surgeons
designated by the Secretary to conduct ex-
aminations, and disability shall be deter-
mined by the Secretary on the basis of the
advice of such physicians or surgeons. Un-
less the disability is permanent, like exam-
inations shall be made annually until the
annuitant has reached the statutory man-
datory retirement age for his class in the
Service. If the Secretary determines, on the
basis of the advice of one or more duly
qualified physicians or surgeons conducting
such examinations, that an annuitant has
recovered to the extent that he can return
to duty, the annuitant may apply for re-
instatement or reappointment in the Serv-
ice within one year from the date his re-
covery is determined. Upon application the
Secretary shall reinstate any such recovered
disability annuitant in the class in which
he was serving at time of retirement, or the
Secretary may, taking into consideration the
age, qualifications, and experience of such
annuitant, and the present class of his con-
temnoraries in the Service, appoint him or,
in the case of an annuitant who is a former
Foreign Service Oficer, recommend that the
President appoint him, by and with the ad-
vice and consent of the Senate, to a class
higher than the one in which lie was serving
prior to retirement. Payment of the annuity
shall continue until a data six months after
the date of the examination showing recov-
ery or until the date of reinstatement or
reappointment in the Service, whichever is
earlier. Fees for examinations under this
provision, together with reasonable travel-
ing and other expenses incurred in order to
submit to examination, shall be paid out of
the Fund. If the annuitant fails to submit
to examination as required under this sec-
tion, payment of the annuity shall be sus-
pended until continuance of the disability
is satisfactorily established.
"(c) If a recovered disability annuitant
whose annuity is discontinued is for any
reason not reinstated or reappointed in the
Service, he shall he considered to have been
separated within the meaning of section 834
as of the date he was retired for disability
and he shall, after the discontinuance of
the disability annuity, be entitled to the
benefits of that section or of section 841 (a)
except that he may elect voluntary retire-
ment in accordance with the provisions of
section 636 if he can qualify under its pro-
visions."
(b) Section 831 of such Act is further
amended by adding new paragraphs (d) and
(e) which shall read as follows:
"(d) No participant shall be entitled to
receive an annuity under this Act and com-
pensation for injury or disability to himself
under the Federal Emnloyees' Compensation
Act of September 7, 1916, as amended, cov--
Bring the same period of time. This provi-
sion shall not bar the right of any claimant
to the greater benefit conferred by either
Act for any part of the same period of time.
Neither this provision nor any provision of
the Act of September 7, 1916, as amended,
shall be so construed as to deny the right of
any person to receive an annuity under this
Act by reason of his own services and to
receive concurrently any payment under such
Act of September 7, 1916, as amended, by
reason of the death of any other person.
"(e) Notwithstanding any provision of law
to the contrary, the right of any person
entitled to an annuity under this Act shall
not he affected because such person has re-
ceived an award of compensation in a lump
sum under section 14 of the Act of Sentem-
her 7, 1916, as amended, except that where
such annuity is payable on account of the
same disability for which compensation
under such section has been paid, so much
of such compensation as has been paid for
any period extended beyond the date such
annuity becomes effective, as determined by
the Secretary of Labor, shall be refunded to
the Department of Labor, to be paid into
the Federal Employees' Compensation Fund.
Before such person shall receive such an-
nuity he shall (1) refund to the Department
of Labor the amount representing such com-
puted payments for such extended period,
or (2) authorize the deduction of such
amount from the annuity payable to hire
under this Act, which amount shall be trans-
mitted to such Department for reimburse-
ment to such Fund. Deductions from such
annuity may be made from accrued and ac-
cruing payments, or may be prorated against
and paid from accruing payments in such
manner as the Secretary of Labor shall de-
termine, whenever he finds that the financial
circumstances of the annuitant are such as
to warrant such deferred refunding."
Sec. 38. Section 832 of such Act is
amended to read as follows:
"SEC. 832. (a) In case a participant dies
and no claim for annuity is payable under
the provisions of this Act, his contributions
to the Fund, with interest at the rates pre-
scribed in sections 841(a) and 881(a), shall
be paid in the order of precedence shown in
section 841(b).
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"tb) If a participant who has at least five "1bi If a participant who has qualified in SEc. 42. (a) Paragraphs (a). (b), and (c)
years of service credit toward retirement un- accordance with the provisions of paragraph of section 852 of such Act are amended to
der the System, excluding military or naval (al of this section to receive a deferred an- read as follows:
service that is credited in accordance with unity commencing at the age of sixty dies "(a) A participant may, subject to the
the provisions of section 851 or 852(a) (2), before reaching the age of sixty his contribu- provisions of this section, include in his pe-
dies before separation or retirement from the tions to the Fund, with interest, shall be paid riod of service-
Service and is survived by a widow or a in accordance with the provisions of sections dicial, cand ivilians service brancheex t
of the e Fed-
dependent widower, as defined in section 841 and 881."
304, such widow or dependent widower shall SEC. 40. Section 841 of such Act is eralrb av rime t nlyd prioretDi trict becoming Co-
be entitled to an annuity equal to 50 per amended to read as follows:
centum of the annuity computed in ac- `SEC 841. (a) Whenever a participant be- participant; tand
nd honorable military
(e) of this section and of section 821(a). becoming eligible for an annuity or a de- naval service in the Army, Navy, Marine
The annuity of such widow or dependent ferred annuity in accordance with the provi- Corps, Air Force, or Coast Guard of the
widower shall commence on the date fol- sions of this Act, the total amount of con- United States.
lowing death of the participant and shall tributions from his salary with interest "(b) A person may obtain prior civilian
tertitiuate upon death of the widow or de- thereon at 4 per centum per annum, com- service credit in accordance with the provi-
pendent widower, or upon the dependent pounded annually at the end of each fiscal sinus of paragraph (a) (1) of this section by
widower's becoming capable of self-support. year through June 30, 1959; semiarurually as making a special contribution to the Fund
"(c) If a participant who has at least five of December 31, 1959; .annually thereafter as equal to 5 per centum of his basic annual
years of service credit toward retirement un- of December 31, and proportionately for the salary tforoeach tar of service for o l,which
der the System, excluding military or naval period served during the year of se iaration credit t service that is credited in accordance with including all contributions made during or ei d prior to Acthe t effective is date of 19 he Foic-
the provisions of section 851 or 852(a) (2), for such period, except as provided in section of o59,
dies before separation or retirement from the 881, shall be returned to him. 4 p r ca annually perwith
cnti. t est
Service and is survived by a wife or a hus- "(h) In the event that the total contribu- compounded to the date pat 4 ayment. Any such
band and a child or children, each surviving tions of a retired participant, other than cnnun ma t under such ent.ons as may
child shall be entitled to an annuity com- voluntary contributions made in accordance See-perroy,
section in accordance with the provisions of with the provisions of section 881, with in- be rotary, deterpmayined such in each special incontributions stance e b by y tile in ee-
section 821(c) (1). The child's annuity shall terest at 4 per centum per annum com-
begin and be terminated in accordance with pounded amrually as is provided in para- stailments.
?(c)(1) If an officer or employee under
un section added thereto, par- some other Government retirement system,
dea. provisions s of section Upon the graph o this
death at the surviving the anwife wife or or husband o ceed the e total amount returned such erg becomes it participant in the System by di-
annuit es of the amity children of a chd,the throrougugh or to ,in dais, fn such officer or employee's total
annuities of any remaining shall through him, in the annuitant rm of hP amen to of interest ups rest transfer, to contributions and deposits, including in-
be recomputed and pain as Lnougu
wife or husband or child had not survived the date the annuity payments cease under
the participant. the terms of the annuity, the excess of the
"(di If a participant who has at least five accumulated contributions over the accumu-
years of service credit toward retirement un- lated annuity payments shall be paid in the
llowing order of precedence, upon the es-
f
der the System, excluding military or naval
o t
t service that is credited in accordance with suchsp:ynuentfshallabe a ban to recovery by
the provisions of section 851 or 852(a) (2),
hies before separation or retirement from the any other person
Service and is not survived by a wife or hus- "(1) To the beneficiary or beneficiaries
band, but by a child or children, each sur- designated by the retired participant in writ-
viving child shall be entitled to an annuity ing to the Secretary:
computed in accordance with the provisions "(2) If there be no such beneficiary, to the
of section 821(c) (2). -The child's annuity surviving wife or husband of such partici-
shall begin and terminate in accordance pant;
with the provisions of section 821(e) . Upon "(3) If none of the above, to the child or
termination of the annuity of a child, the children of such participant and descendants
annuities of any remaining children shall of deceased children by representation;
he recomputed and paid as though that child ?(4) If none of the above, to the parents
had never been entitled to the benefit. of such participant or the survivor of them;
"(e) ff, at the time of his or her death, the "(5) It none of the above, to the duly ap-
participant had less than twenty years of pointed executor or administrator of the
service credit toward retirement under the estate of such participant;
System, the annuities payable in accord- "(6) If none of the above to other next
ance with paragraph (b) of this section shall
be computed in accordance with the provi- of kin of such participant as may be deter-
sfons of section 821 on the assumption he or ruined by the Secretary in his judgment to
she has had twenty years of service, but the he legally entitled thereto.
additional service credit that may accrue to "(c) No payment shall be made pursuant
a deceased participant under this provision to paragraph (b) (6) of this section until
shall in no case exceed the difference be- after the expiration of thirty days from the
tween his or her age on the date of death death of the retired participant or his sur-
and tire mandatory retirement age applicable viving annuitant."
to his or her class in the Service. Ire all SEC. 41. Section 851 of such Act is amended
cases arising under paragraphs (b), (c), (d). to read as follows:
or (e) of this section, it shall be assumed "SEc. 851. For the purposes of this title,
that the deceased participant was qualified the period of service of a participant shall
for retirement on the date of his death." be computed from the effective date of ap-
SEC. 39. A new section 834 is hereby added pointment as a Foreign Service officer, or, if
to such Act as follows: appointed prior to July 1, 1924, as an officer
"DISCONTINUED SERVICE RETIREMENT or employee of the Diplomatic or Consular
"SEc. 834. (a) Any participant who volun- Service of the United States, or from the
tartly separates from the Service after obtain- date he becomes a participant under the
ing at least live years of service credit toward provisions of this Act, as amended, but all
retirement under the System, excluding periods of separation from the Service and
military or naval service that is credited in so much of any leaves of absence without
accordance with the provisions of section 851 pay as may exceed six months in the aggre-
or 852(a) (2), may, upon separation from the gate in any calendar year shall be excluded,
;Service or at any time prior to becoming eli- except leaves of absence while receiving ben-
gible for an annuity, elect to have his con- efits under the Federal Employees' Compen-
tributions to the Fund returned to him in sation Act of September 7, 1916, as amended,
accordance with the provisions of section and leaves of absence granted participants
1141. or to leave his contributions in the Fund while performing active and honorable mili-
snd receive an annuity, computed as pre- tary or naval service in the Army, Navy, Air
scribed in section 821, commencing at the Force, Marine Corps, or Coast Guard of the
age of sixty years. United States."
forest accrued thereon, except voluntary con-
tributions, shall be transferred to the Fund
effective as of the date such officer or em-
ployee becomes a participant in the System.
Each such officer or employee shall be
deemed to consent to the transfer of such
funds and such transfer shall be a corn-
plete discharge and acquittance of all
claims and demands against the other Gov-
ernment retirement fund on account of
service rendered prior to becoming it par-
ticipant in the System.
"(2) No officer or employee, whose con-
tributions are transferred to the Fund in
accordance with the provisions of para-
graph (c) (1) of this section, shall be re-
quired to make contributions in addition to
those transferred, for periods of service for
which full contributions were made to the
other Government retirement fund, nor shall
any refund be made to any such 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 section 811 of this Act for contri-
butions to the Fund.
"(3) No officer or employee, whose contri-
butions are transferred to the Fund in ac-
cordance with the provisions of paragraph
(c) (1) of this section, shall receive credit
for periods of service subsequent to July 1,
1,924, for which a refund of contributions
has been made, or for which no contl?ibu-
tions were made to the other Government
retirement fund. A participant may, how-
ever, obtain credit for such prior service by
making a special contribution to the Fund
in accordance with the provisions of para-
graph (b) of this section."
(b) Section 852 of such Act is further
amended by adding at the end thereof new
paragraphs (d) and (e) which shall read as
follows:
"(d) No participant may obtain prior ci-
vilian service credit toward retirement under
the System for any period of civilian service
on the basis of which he is receiving or will
in the future be entitled to receive any an-
nutty under another retirement system cov-
ering personnel of the Government.
"(e) A participant may obtain prior mili-
tary or naval service credit in accordance
with the provisions of paragraph (a) (2) of
this section by applying for it to the Sec-
retary prior to retirement or spearation from
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the Service. However, in the case of a parti-
cipant who is eligible for and receives retired
pay on account of military or naval service,
the period of service upon which such re-
tired pay is based shall not be Included, ex-
cept that in the case of a participant who
Is eligible for and receives retired pay on
account of a service-connected disability in-
curred in combat with an enemy of the
United States or caused by an instrumen-
tality of war and incurred in line of duty
during an enlistment or employment as
provided in Veterans Regulation Numbered
1(a), part I, paragraph I. or is awarded under
chapter 67 of title 10 of the United States
Code, the period of such military or naval
service shall be included. No contributions
to the Fund shall be required in connection
with military or naval service credited to a
participant in accordance with the provisions
of paragraph (a) (2) of this section."
Ssc.. 43. Such Act is amended by adding
after section 854 a new section as follows:
"RECOMPUTATION OF ANNUITIES OF CERTAIN
FORMER PARTICIPANTS
"Sac. 885. The annuity of each former
participant under the System, who retired
prior to July 28, 1956, and who at the time
of his retirement had creditable service in
excess of thirty years, shall be recomputed
on the basis of actual years of creditable
service not in excess of thirty-five years.
Service which was not creditable under the
System on the date a former participant re-
tired, shall not be included as creditable
service for the purpose of this recomputa-
tion. The annuities payable to such persons
shall, when recomputed, be paid at the rates
so determined, but no such recompul ation or
any other action taken pursuant to this sec-
tion shall operate to reduce the rate of the
annuity any such person is entitled to re-
ceive under the System."
SEc. 44. The heading "PART H-OFFICERS
REINSTATED IN THE SERVICE" under title VIII
of such Act is amended to read as follows:
"PART H--ANNUITANTS RECALLED. REINSTATED
OR REAPPOINTED IN TIIE SERVICE OR REEM-
PLOYED IN TIIE GOVERNMENT".
Sac. 45. Section 871 of such Act is amended
and a heading is added thereto as follows:
"RECALL
"SEc. 871. Any annuitant recalled to duty
in the Service in accordance with the pro-
visions of section 520(h) or reinstated or
reappointed in accordance with the provi-
sions of section 831(b) shall, while so serv-
ing, be entitled in lieu of his annuity to the
full salary of the class in which he is serving.
During such service, he shall make contribu-
tions to the Fund in accordance with the
1 I c Butt clan and solar y rate of so'.
115 of tite l oreism Service Act of
i)1(, I9amcir(tod (1955)
$ 13, 1n)
12, Sae
12, 451)
12, 120
11,770
12, J2))
11,770
11,455
11,201
10,920
11, 1)15
10,885
10, (55)
10,320
10, 030
10,230
045
9, (165
), :1&0
095
provisions of section 811. The amount of
his annuity when he reverts to his retired
status shall be recomputed in accordance
with the provisions of section 821."
Sec. 46. A new section 872 is hereby added
to such Act as follows:
"REEMPLOYMENT
"SEc. 872. (a) Notwithstanding any other
provision of law, any officer or employee of
the Service, who has retired under this Act,
as amended, and is receiving an annuity pur-
suant thereto, and who is reemployed in the
Federal Government service in any ap-
pointive position either on a part-time or
full-time basis, shall he entitled to receive
the salary of the position in which he is
serving plus so much of his annuity payable
under this Act, as amended, whch when
combined with such salary does not exceed
during any calendar year the highest basic
salary such officer or employee was entitled
to receive under sections 412 or 415 of the
Ant, as amended, on the date of his retire-
ment from the Service. Any such reemployed
officer or employee who receives salary dur-
ing any calendar year in excess of the maxi-
muln amount which he may be entitled to
receive under this paragraph shall be entitled
to such salary in lieu of benefits hereunder.
"(b) when any such retired officer or em-
ployee of the Service is reemployed, the em-
ployer shall send a notice to the Department
of State of such reemployment together
with all pertinent information relating
thereto and shall cause to be paid, by trans-
fer or otherwise, to the Department of State
funds necessary to cover gross salary, em-
ployer contributions, and gross lump sum
leave payment relating to the employment
of the reemployed officer or employee. The
Department of State shall make to and on
behalf of the reemployed officer or employee
payments to which he is entitled under the
provisions of paragraph (a) of this section,
and shall make those withholding and de-
ductions authorized and required by law.
"(c) In the event of any overpayment
under this section the Secretary of State is
authorized to withhold the amount of such
overpayment from the salary payable to such
reemployed officer or employee or from his
annuity."
Sac. 47. (a) So much of paragraph (a) of
section 881 of such Act as precedes sub-
paragraph (1) thereof is amended to read as
follows:
"(a) Any participant may, at his option
and under such regulations as may be pre-
scribed by the President, deposit additional
sums in multiples of 1 per centum of his
basic salary, but not in excess of 10 per
Con c snnn ling 110w el arc ar d s lI arv
talc of sco. 11 of the 1 otcicn
SclticI' Act of 1911, as arncniu?d
by I Ills act
1 Step
$13,3)0
12, ! aal l
12, 13.20
12, 320
11. (n)0
12,320
11,9!0
11, 550
11,275
I], 0()0
11,
11, oni)
10, 725
10, 4L0
ID, 175
10, 4,50
10. 175
1), 790
1),515
9, 290
Amovid
of I'Iinsf:
ii cuts
centum of such salary, which amounts to-
gether with interest at 3 per centum per
annum, compounded annually at the end
of each fiscal year through June :30, 1959;
semiannually as of December 31, 1959; an-
nually thereafter as of December 31, and
proportionately for the period served during
the year of his retirement, including all con-
tributions made during or for such period,
shall, at the date of his retirement and at
his election, be--"
(b) Paragraph (c) of section 881 of such
Act is amended by deleting the word "an-
nually" and inserting in lieu thereof the
phrase "as is pro,,'idcd In paragraph (a) of
this section", and by changing the words
"withdrawal from active service" at the end
of such paregrai:h to "separation from the
Service".
SEc. 48. Section 912 of such Act is amended
by changing the heading thereto to read
"LOAN OF ]HOUSEHOLD FURNISTITNGS AND
EQUIPMENT" and by inserting between the
words "with household" the word "basic"
and by iiirertie g between the words "house-
hold equipment" the phrase "furnishings
and".
SEc. 49. Section 913 of such Act and the
heading thereto i s amended to read as
follows:
"TRANSPO'VrArION OF MOTOR VEHICLES
"SEc. 913. The Secretary may, notwith-
standing the provisions of any other law,
transport for or on behalf of an officer or
employee of the Service, a privately owned
motor vehicle or replacement thereof in any
case where he shall determine that water,
rail, or air trrnsportation of the motor vehi-
cle or replacement thereof is necessary or ex-
pedient for any part or of all the distance
between points of origin and destination."
SEc. 50. (a) Section 1021 of such Act is
amended by inserting the phrase "the De-
partment including" immediately prior to
the phrase "the Service" wherever it ap-
pears in this secton.
(b) Section 11)21 (a) is further amended
by striking out the phrase "if recommended
by the Director General" and inserting in
lieu thereof the phrase "at the discretion of
the Secretary".
SEC. 51. Foreign Service staff officers and
employees receiving basic salary immedi-
ately prior to the effective date of this Act
at one of the rates provided by section 415
of the Foreign Service Act of 1946, as
amended, shall be transferred to the new
classes established by section 415 of such
Act, as amended, and shall receive basic
salary on and after the effective date of this
Act, as follows:
i'maent cltw::nu1 salary rate of 5eo.
415 of I Lo. Pun 1rn Scl cic,e All of
r:.
1,J1 .i. anu.adr l 1y~,~
$9, 0,00
0, .115
fl, 0311
8,875
0, 010
8, 755
8, 5140
8,325
8,121)
7, 905
7, 0(10
7,810
7,630
7, 113
7,200
(1, 990
7,330
7,140
t of rc spout m? new el ass and salary r tic of see. 415 of the Fmcigu
'0ce in' Act of 1916, as anica('crl :1 nit nil
by I his ict oRt-Ip;s.-
CLI s Stop
1_.q11_!; ------------
(i
Approved For Release 2005/02/10 : CIA-RDP66B00403R000400010057-3
$9,79(1
f 1, SIL
1
9,210
8, 91)5
8, (1!111
8,415
8, 09(1
8,110
8, 125
8, 125
7,1100
8, 122
7, 1x)0
r, (175
7, 450
7, 226
7, (100
:1111
1."0
 ApprovecC r A,I/OjR1 6p RWffBQ' 03ROOO4OOO1OO57-3 17169
l'roaent class and salary rate of see.
X115 of iho Fomlgn Servlce Act of
;5)5, as amended (1958)
Class
I. 55-R--------------
$6, 925
6, 710
(1, 495
1,, 285
6, 650
6, 435
(i, 220
(1, 005
5,795
515S5
6, 175
a, 970
57,5
5:,51o
51400
5, 260
6:1115
5, .50))
51355
, 215
5, 070
4, 930
4, 790
4, 650
Corresponding new class and salary
rate of sec. 416 of the Foreign
Service Act of 1946, as amended
by this not
FSS 5-------------
FSS-0_____________
Amount
of adjust-
ments
Present class and salary rate of sec.
415 of the Foreign Service Act of
19411, as amended (1958)
$g95n $25 FSS-12---_-_--___ 7
40 6
7
(
$5, 025
4, 890
b,
.~
I 4, 745
6, 550 rr ?,
65 4 4, 605
6,35(
Ii, 750 10(1 3 4, 41;0
,560 65 2 4,320
6, 30(1 81) 1 4,18o
6,10(1 915 I'3S-13_ _.___-_-_ 7 4. 5SO
.5411
5, (00) 105 6 6 44, 495
'',71X1 115 4 4,155
6, 80 (36 3 4, 010
Q 70110 1 30 S,ft:0
3.550 145
;,, 550 lU 1 3, 7a(1
6, 4U0 FSS-14.._.__..____- 7 4,155
5.1011 6 4,010
6, 25x0 7)1 r 3, SrO
5611 511 4 :3, 730
. 400 45 3 3, 5H5
5, 251) :35 2 3, 416
5, lo(( I :3, 3(1(1
4,!150 2) -------- --- Allsh'p lat,'s
4, MO JO imd below.
4,1(501_____--_-_
Corresponding new class salary
rao of sec. 415 of th,,,n$,9
rein
Service Act of 1946, as amended
by 1,1119 act
$5,100
4, 95(1
4, 8(51
4, ((55
4,500
4, 35l;
4, 201)
4, (i51)
4, 5(0)
4, 35(0
4, 2)x1
4, ((50
3,000
3, 7511
4,200
4, 15(1
3,900
3, 3(x)
(foil
3, 50(1
3, 500
3, 500
Amount
of adjurl-
meals
$-i5
en
17
41)
21
70
(5))
45
4(1
:1)
211
45
90
SO
70
(5
200
SEC. 52. Section 11 of Public Law 885,
Eighty-fourth Congressti(70Sta the 890), is
hereby amended by inserting after
"Government-owned vehicles" the phrase "or
taxicabs" and by inserting after the phrase
"public transportation facilities" the phrase
"other than taxicabs".
SEC. 53. (a) Paragraph (4) of section
104(a) of the internal Revenue Code of 1954
(26 U.S.C. 104(a) (4) ) (relating to the ex-
clusion from gross income of compensation
i'or injuries and sickness) is hereby amend-
ed to read as follows:
"(4) amounts received as a pension, an-
nuity, or similar allowance for personal in-
juries or sickness resulting from active serv-
ice in the armed forces of any country or in
the Coast and Geodetic Survey or the Pub-
lic. Health Service, or as a disability annuity
payable under the provisions of section 831
of the Foreign Service Act of 1946, as amend-
ed (22 U.S.C 1081; 60 Stat. 1021)."
(h) (1) Section 402(a) of the Internal
Revenue Code of 1954 (relating to the tax-
ability of a beneficiary of an employee's
trust) is hereby amended as follows:
(a) By striking out in the first sentence
of paragraph (1) thereof "paragraph (2)"
and inserting in lieu thereof "paragraphs (2)
and (3) ",.nid
(b) By redesignating paragraph (3) there-
of as paragraph (4) and by inserting after
paragraph (2) thereof the following new
paragraph:
"(3) I'he amount includible under this
subsection as the gross income of a nonresi-
dent alien individual with respect to a dis-
tribution made by the United States in
inspect of services performed by an
employee of the United States shall
not exceed an amount which bears the
same ratio to the amount includible in
gross income without regard to this para-
graph as the aggregate compensation paid by
the United States to such employee for such
services and includible in gross income under
this subtitle or prior income tax laws bears
to the aggregate compensation paid by the
United States to such individual whether or
not includible in gross income."
employees or their beneficiaries, see section
402(a)(3)."
SEC. 54. (a) Section 12 of the Act of June
26, 1884 (23 Stat. 56; 22 U.S.C. 1186), is
hereby repealed.
(b) The second proviso of section 1 of
chapter 223 of the Act of June 4, 1920, as
amended (41 Stat. 750: 22 U.S.C. 214), is
further amended by striking out the phrase
"or to seamen,".
Six:. 55. Section 4 of the Foreign Service
Buildings Act, 1926, as amended (22 U.S.C.
2951 , is amended by adding at the end
thereof the following new subsection:
"(c) For the purpose of carrying into effect
the provisions of this Act there is hereby
authorized to be appropriated, in addition to
amounts previously authorized, an amount
not to exceed $100,000,000, of which $50,000,-
000 shall be available exclusively for pay-
ments representing the value in whole or in
part, of property or credits in accordance
with the provisions of the Act of July 25,
1946 (60 Stat. 663). Sums appropriated pur-
suant to this authorization shall remain
available until expended."
SEC. 56. The following headings and sec-
tions in the Foreign Service Act of 1946, as
amended, are hereby repealed:
(1) Section 442 of such Act and the head-
ing ( hereto.
(2) Section 525 of such Act and the head-
ing thereto.
(3) Section 576 of such Act and the head-
ing thereto.
(4) Section 577 of such Act and the head-
ing thereto.
(5) Sections 651 and 652 of such Act and
the headings thereto, including Part F--
Separation of Staff Officers and Employees.
SEC. 57. Notwithstanding the provisions
of this Act, existing rules and regulations of
or applicable to the Foreign Service of the
United States shall remain in effect until
revoked or rescinded or until modified or
superseded by regulations made in accord-
ance with the provisions of the Foreign Serv-
ice Act of 1946, as amened by this Act, un-
less clearly inconsistent with the provisions
of this Act or the provisions so amended.
(2) Subsection (d) of section 871 of the SEC. 58. (a) The provisions of this Act shall
internal Revenue Code of 1954 (relating to become effective as of the first day of the
the tax imposed on nonresident alien indi- first pay period which begins one month
viduals) Is hereby amended to read as fol- after the enactment of this Act, except as
lows: provided in paragraphs (b), (c), and (d) of
"(d) CROSS REFERENCE: this section.
"(1) For doubling of tax on citizens of cer- (b) The provisions of paragraphs (c) (1)
Lain foreign countries, see section 891. and (c) (2) of section 803 of the Foreign
"(2) For taxability of amounts paid by the Service Act of 1946, as amended by section
United States to certain nonresident alien 33(b) of this Act, shall become effective on
the first day of the first month which begins
one year after the date of enactment of this
Act, except that any Foreign Service staff
officer or employee, who at the time this
Act becomes effective meets the requirements
for participation in the Foreign Service Re-
tirement and Disability System, may elect
to become a participant in the System before
the mandatory provisions become effective.
Such Foreign Service staff officers and em-
ployees shall become participants effective
on the first day of the second month fol-
lowing the date of their application for ear-
lier participation.
(c) The amendments made by section 53
of this Act shall he effective with respect to
taxable years ending after the date of en-
actment of this Act.
(d) The amendment: made by section 43
of this Act shall take effect on the first dcy
of the first month which begins more than
thirty days after the date of enactment of
this Act.
Mr. MANSFIELD. Mr. Presi(lent, I
move that the vote by which the bill
was passed be reconsidered.
Mr. FULERIGI-IT. Mr. President, I
move to lay on the table the motion to
reconsider.
The motion to lay on the table was
agreed to.
REPORT OF THE COMMISSION ON
CIVIL RIGHTS
M. SPARKMAN. Mr. President, has
the morning hour been concluded?
The VICE PRESIDENT. No; the
morning hour is only beginning.
Mr. SPARKMAN. Mr. President-
The VICE PRESIDENT. The Senator
from Alabama.
Mr. SPARKMAN, Mr. President, have
I been recognized, and do I now have the
floor?
The VICE PRESIDENT. Yes.
Mr. SPARKMAN. Mr. President, just
2 years ago, upon the recommendation
of President Eisenhower, and over the
strong objections of a great number of
Senators-among whom I am proud to
be numbered-the so-called Civil Rights
Act was passed.
This bill was conceived in antisouth-
ern emotion; and, despite all its self-
serving declarations of high principle
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 Approved For 1&W?M6B FFQ0400010057-3 September 9
and purpose, we who opposed it warned of servitude, but it does not follow from existence of a Commission which advo-
that its inevitable results would involve mere citizenship of the United states. In ?a+PC +r,a+ +,, r, an,? , r? , ,
to be exercised as the State may direct, and
States-and the principle upon which upon such terms as to it may seem proper, CALL OF THE ROLL
even the Constitution was framed-the provided, of course, no discrimination is
sovereign rights of the several States. made between individuals in violation of Mr. MORSE. Mr. President, I sug-
I;ut our warnings went unheeded, Mr. the Federal Constitution. gent the absence of a quorum.
President. However, subsequent events Notwithstanding the clear wording and Mr. BIBLE. Mr. President, would the
have vindicated our judgment. intent of the Federal Constitution as Senator withhold that request to let me
We have seen the Federal Government uniformly interpreted by the courts, this introduce a bill and make a short state-
endeavor to expand even the great pow- Commission seeks to have the Congress ment on it?
ors granted it under the act, so as to turn over to the Federal Government the Mr. MORSE. I had an understand-
have a sovereign State knuckle under to ing with the acting majority leader that
the preconceived notions of the Depart- process of registering voters in the var- immediately following the passage of the
Inept of Justice in respect to the State's ious States for Federal elections. It
sees to undermine the entire fabric of foreign service bill, we would have a call
administration of its own laws. our systems of government and asks
fuel to a blazing for a quorum. The Senator from Ala-
We have seen the Executive add its this Congress to violate deliberately the bama [Mr. SPARKMAN I was not aware of
fire of racial discord that, and he obtained the floor. I am
kindled by the iniquitous decision by the Constitution. Supreme It is no mere happenstance that the sorry, but I am going to have a quorum
U.S. Court in May 1954.
We conduct of elections has been left to the call, as my understanding calls for.
ton race have relations. a continued wasas Skates. The concept is basic, the one to I suggest the absence of a quorum.
cooperation, there e r is Where here now deet ter conthereflwict serve as a check upon the other. The The VICE PRESIDENT. The clerk
Where there her . importance of this doctrine has been will call the roll.
Where was progress, there is now stressed by the Supreme Court in in- The legislative clerk called the roll,
destruction.
If this tragic circumstance does not numerable cases. It is well expressed in and the following Senators answered to convince the skeptic, then let him read Guinn v. United States, 238 U.S., 347. their names:
the recommendations which the Civil There, the Supreme Court characterized Anderson Johnson, Tex. Sparkman
Talmadge
the power of the State governments over s bleett xc vng Thurmond
l: fights Commission created by the so-
called Civil Rights Act released yester- su`irage as one "which has belonged to Byrd, W. Va. Mansfield Wiley
4. those governments from the beginning Cannon Morse Williams, Dci.
T
and Engle Pastore Yarborough
The Commission has advocated the en- without the possession of which Fulbright Proxmire
actment of a law whereby when nine power the whole fabric upon the division Javits Russell
people in a political subdivision of a of State and national authority under Mr. MANSFIELD. I announce that
State feel that they have not been re- s_ the Constitution and the organization of the Senator from Missouri [Mr. HErr-
tcred to vote soon enough-without both governments would rest would be
specifying when, or under what cixct->n- without support and both the authority NINCS] is absent on official business.
stances, the application shall be made-- of the Nation and the State would fall to The Senator from Idaho [Mr. CIIURCn]
the ground." is absent on official business attending
the President of the appoint shall the Interparliamentary Union Confer-
have authority to apppoint t a so-called These are strong words. Unquestion- once at Warsaw, Poland.
temporary registrar to register persons ably, they were not lightly spoken. The
to vote in Federal elections, and to con- power of the States over suffrage, which The Senator from Aaska [Mr. Grur N-
ti.nue in that Oflic,C so long as the Presi- must include the power to register ING], the Senator from Indiana IM'.
dent shall desire. voters, is undoubtedly, as the Supreme HARTKE], and the Senator from Missouri
such a proposal is in direct conflict Court said it was, basic to the founds- [Mr. O'MAirouEY] are absent because of
with the Constitution of the United tions of our Government. illness.
States. It should be well known to the These Commissioners ask us to de- Mr. KUCHEL. I announce that the
members of the Commission, and it cer- stroy our system of government and to Senator from South Dakota [Mr. CASEl
tainly is well known to the Senate, that turn the matter of voter registration over is absent on official business attending
the States have long been held to have to the President of the United States. the Interparliamentary Union Confer-
broad power to determine the conditions No one could have imagined that even once at Warsaw, Poland.
under which the right of suffrage may this Commission would have made such The VICE PRESIDENT. A quorum is
he exercised. Lassiter v. North Hampton a proposal. To call it devastating is to not present.
County Board of Education, 360 U.S. 45; rose an understatement. For this pro- Mr. JOHNSON of Texas. Mr. Presi-
Poi.!e V. Williams, 193 U.S. 621, 633; petal would allow nine temporarily (lent, I move that the Sergeant at Arles
N ason v. Missouri, 179 U.S. 328, 335. frustrated applicants for registration to be directed to request the attendance of
Article r, section 2, of the Federal Con- undermine the plenary power which the absent Senators.
stitution, in its provision for the election Constitution has accorded the States The motion was agreed to.
of the House of Representatives; and the over all elections, State and Federal. The VICE PRESIDENT. The S, r-
17th amendment, in its provision for the It is inconceivable that this Congress geant at Arms will execute the order of
election of Senators, provide that officials will continue in existence a Commission the Senate.
shall be chosen by the people. Each which operates in this fashion. After a little delay, Mr. AIKEN, Mr. AL
provision goes on to state that the These Commissioners tell us that the LOTT, Mr. BEALL, Mr. 131 NNETT, Mr.
electors in each State shall have the Founding Fathais were wrong; that the Br,IDGEs, Mr. BUSH, Mr. BUTLER, Mr. BYRD
cr;lalifIcati.ons requisite for electors of Supreme Court has been wrong through- of Virginia, Mr. CAPERART, Mr. CARLSON,
the most numerous branch of the State out our history in holding that the Mr. CARROLL, Mr. CASE of New Jersey, Mr.
le~[islature.- plenary powers of State governments CHAVEZ, Mr. CLARK, Mr. COOPER, Mr. COT-
lJIoreover, the right to vote "refers to over the suffrage was essential was es- TON, Mr. CURTIS, Mr. DIRKSEN, Mr. DODD,
the right to vote as established by the sential to the continued existence of both Mr. DOUGLAS, Mr. DWORSHAK, Mr. EAST-
laws and constitution of the State."- State and national authority under the LAND, Mr. ELLENDER, Mr. ERVIN, Mr. FONG,
LITePherson V. Blacker, 146 U.S. 1, 39. Constitution; and that this Congress Mr. FREAR, Mr. GOLDWATER, Mr. GORE,
The members of this Commission should overturn it all and allow complete Mr. GREEN, Mr. HART, Mr..HAYDEN, Mr.
would be well-advised to read the case of Presidential control over the election HICKENLOOPER, Mr. HILL, Mr. HOLLAND,
I-ape v. Williams, 193 U.S. 621, 632: machinery of the various States in Fed- Mr. HRUSKA, Mr. HUMPHREY, Mr. JACK-
'i`he privilege to vote in any State is not eral elections at the behest of nine frus- SON, Mr. JOHNSTON of South Carolina,
given by the Federal Constitution, or by any ti?ated applicants. As for me, I propose Mr. JORDAN, Mr. KEFAUVER, Mr. KENNEDY,
of its amendments. It Is not a privilege to abide by the Constitution and to leave Mr. KERR, Mr. LANGER, Mr. LAUSCIIE, Mr.
springing from citizenship of the United suffrage, and the regulation of it, where LONG of Hawaii, Mr. LONG of Louisiana,
states. * * * It may not be refused on ac- it has always belonged. Nor can I in Mr. MAGNUSON, Mr. MARTIN, Mr. Me-
count of race, color, or previous condition good conscience support the continued CARTHY, Mr. MCCLELLAN, Mr. McGEE, Mr.
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 Approved For Release 2005/02/10 : CIA-RDP66B00403R000400010057-3
CONGRESSIONAL RECORD - SENATE 1 031
,-'QvMENDMENT OF HELIUM ACT OF
1937, RELATING TO NATIONAL DE-
FENSE-ADDITIONAL COSPONSOR
OF BILL
,Fr, MURRAY. Mr. President, on
Aug u,st 19 I introduced Senate bill 2567,
a bill to amend the Helium Act of Sep-
tember 1, 1937, for the defense, security,
and general welfare of the United
States. At that time the name of the
distinguished and able senior Senator
from Colorado [Mr. ALLOTT] was inad-
vertently omitted as a cosponsor to this
important proposed legislation. I ask
unanimous consent that when the bill
S. 2576 is next printed, the name of the
senior Senator from Colorado [Mr.
By Mr. RANDOLPH:
Editorial entitled "Stop Fine-Tuning the
Economy," published in Construction
Equipment magazine for September 1959.
By Mr. TALMADGE:
Article entitled "Dixie Income Gains 35
Billion in 25 Years," published in the At-
lanta Journal of August 24, 1959.
Resolution of the executive council of
the Georgia Bankers Association commend-
ing Representative PAUL BROWN of the 10th
District of Georgia.
By Mr. HENNINGS:
Article entitled "Prison Plight Poses a
Crisis," published in the Kansas City (Mo.)
Star on August 19, 1959.
By Mr. NEUBERGER:
Article entitled "The Rockefellers and
Wyoming," relating to the Grand Teton Na-
tional Park, written by Tracy S. McCraken,
ALLOTT] be added as a cosponsor. recently published.
The VICE PRESIDENT Wi h t ob- rticle relating to agricultural economy,
risen by Joe Bianco, agricultural editor of
iection it is so ordered. ~ ~J t7- Oregonian published in the Portland
MUTUAL SECURITY APPROPRIA-
TION BILL-ADDITIONAL CO-
SPONSORS OF AMENDMENT
Under authority of the order of the
Senate of August 20, 1959, the names
of Senators HART, CLARK, MURRAY, MANS-
FIELD, Moss, CHURCH, NEUBERGER,
DOUGLAS, ENGLE, CASE of South Dakota,
and Bush were added as additional co-
sponsors of an amendment, intended
to be proposed by the Senator from
Minnesota [Mr. HUMPHREY] to the bill
(H.R. 8385) making appropriations for
mutual security and related agencies for
the fiscal year ending June 30, 1960, and
for other purposes, submitted by Mr.
HUMPHREY, on August 20, 1959.
ADDRESSES, EDITORIALS, ARTI-
CLES, ETC., PRINTED IN THE
APPENDIX
On request, and by unanimous con-
sent, addresses, editorials, articles, etc.,
were ordered to be printed in the Appen-
dix, as follows:
By Mr. MANSFIELD:
Address entitled "Keeping the Peace," de-
livered by Senator JOHNSON of Texas to the
National Convention of the American Le-
gion, at Minneapolis, Minn., on August 27,
1959.
By Mrs. SMITH:
Statement written by Dr. Charles X.
Hutchinson, Jr., president, National Tem-
perance and Prohibition Council, Washing-
ton, D.C., relating to death of Elizabeth A.
:iinart.
By Mr. McCARTHY:
Statement containing Information rela-
tive to restoration of tax-exempt status of
United Nations Children's Fund.
By Mr. DIRKSEN:
Column written by Roscoe Drummond, en-
titled "Newsmen See President in Full Com-
mand of Office," published in the Washing-
ton (D.C.) Post and Times Herald on August
26, 1959.
By Mr. PROXMIRE:
Editorial entitled "State Better Off Than
Nation in Access to Lake Waters," printed in
the Capital Times of Madison, Wis.
By Mr. SCOTT:
Editorial entitled "Getting Into the Act,"
om the Washington Evening Star of Au-
^;u.t 26, 1959, relating to the comments by
cx-Pre: ident Truman on the Eisenhower-
k hrushcliev discussions.
By Mr. WILEY:
Editorial entitled "Khrushchev's Visit,"
published in the Janesville Daily Gazette of
August 25, 1959.
By Mr. SMATHERS:
Article written by Carroll Kilpatrick, en-
titled "Hector Says Regulatory Agencies
Try To Do Impossible and Fail," published
in the Washington (D.C.) Post and Times
Herald on August 26, 1959.
By Mr. KEFAUVER:
Article entitled "United States Lags in
New, Economic Phase of Cold War, McCoR-
MICx Warns," published in the Baltimore
(Md.) Sun on August 5, 1959.
Article written by Paul Van Zeeland, en-
titled "United We Stand," published in the
August 1959 issue of Western World maga-
zine.
Article written by Earle Jellicoe, entitled
"The Deceptive Mouse," published in the
summer European-Atlantic Review.
By Mr. MAGNUSON:
Article entitled "Professor's Salmon Crops
Migrate to Sea, Return Here," published In
the Seattle (Wash.) Times on August 18,
1959.
By Mr. CASE of New Jersey:
Letter to the President of the United
States, published in the Paterson (N.J.)
Evening News on August 24, 1959.
NOTICE CONCERNING CERTAIN
NOMINATIONS BEFORE COMMIT-
TEE ON THE JUDICIARY
Mr. JOHNSTON of South Carolina.
Mr. President, the following nomina-
tions have been referred to and are now
pending before the Committee on the
Judiciary:
Richard A. Chappell, of Georgia, to be
a member of the Board of Parole for the
term expiring September 30, 1960, vice
George G. Killinger, retired; and
Donald G. Brotzman, of Colorado, to
be U.S. attorney for the district of Colo-
rado for the term of 4 years, vice Donald
E. Kelley, resigning.
On behalf of the Committee on the
Judiciary notice is hereby given to all
persons interested in these nominations
to file with the committee, in writing, on
or before Thursday, September 3, 1959,
any representations or objections they
may wish to present concerning the above
nominations, with a further statement
whether it is their intention to appear
at any hearings which may be scheduled.
THE BACK PAGE AND THE BACK
DOOR
Mr. DIRKSEN. Mr. President, some-
time later, perhaps on next Monday, I
may devote myself to a few remarks
which probably might be captioned "The
Back Page and the Back Door."
I notice a new table on the back page
of the CONGRESSIONAL RECORD. I learn
that there is actually no rule to cover the
question of having tables printed on the
back page of the RECORD; so it can be
done by unanimous consent.
My remarks this morning will be en-
tirely restrained, since the majority
leader is unavoidably away for the
moment; and I much prefer that he be
here to enjoy my whimsies, when that
time comes.
But, Mr. President, any subject that is
discussed always involves the matter of
emphasis. The new table, which ap-
pears on the back page of the CONGRES-
SIONAL RECORD as the result of authority
requested and consent given, is caption-
ed: "Table II.-New Obligational Au-
thority Provided Outside the Appropria-
tion Process (So-called Back Door
Financing)."
Let us consider for a moment, Mr.
President, for instance, the item "Aid to
airports." All the confusing figures are
set forth very nicely in one of the lines
which extends all the way across the
page. Under the heading "Senate," we
find in the table the following:
Amount as passed, $465 million.
Amount agreed to by conferees, $126
million.
Mr. President, probably the latter
figure is a misprint.
I read further:
Increase or decrease made by the Con-
gress-
And it shows a decrease in the amount
of $74 million.
Mr. President, the decreases always
intrigue my fancy a great deal, because
they do not quite tell the whole story;
and I like to think of them in terms of
our stance in the Senate and the actual
effort which was made here to procure
a larger sum. But that fact is not em-
phasized at all in the table.
I am wondering whether we ought to
ask unanimous consent to have some
other tables printed in the RECORD. Of
course, we cannot have two back pages
of the RECORD, Mr. President-that is the
difficulty-any more than we can have
two back doors. One back door that
is wide enough and high enough is suffi-
cient to enable money to be shoveled out
of the Treasury. But there cannot be
two back pages of the CONGRESSIONAL
RECORD, unless I obtain unanimous con-
sent to have such an arrangement
made, although I do not know how the
Government Printing Office would be
able to contrive it. So I shall have to
try to think up some other dodge, in or-
der to have printed in the RECORD a
table which will receive equal emphasis.
Mr. President, when I use the word
"emphasis," I am reminded that the em-
phasis is certainly the most important
consideration when one is dealing with
budget figures. I am also reminded of
an attorney who was trying a plagiarism
case before a court. He said to the
judge, "Your Honor, my whole case is
one of emphasis and accent."
The judge replied, "Please illustrate"
The attorney said, "For instance, in
the sentence, 'You, sir, are an ass,' the
accent is on'You'."
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CONGRESSIONAL RECORD - SENATE August 27
Of course that remark convulsed both tribute to the majority leader. The So once again I salute the majority
the court and all others who were in majority leader was actually a congres- leader, who has made a contribution to
the courtroom. sional secretary when I came to Wash- my own physical well being.
So we have to place the emphasis ington in 1933. Our friendship dates Mr. MANSFIELD. Mr. President, it
where it belongs. from that time, and extends over a pe- appears that the many contributions
I do not believe this new table on riod of 25 years. made by the distinguished majority
the back page of the CONGRESSIONAL REC- I have truly a deep affection for the leader, the Senator from Texas, are not
ORD adequately accents or emphasizes majority leader, and I have high admira- all known; and we are delighted to have
either the action taken by the Senate tion for his ability, his skill, his capacity, this latest testament to his persuasive
or the ultimate results. and his deep and unerring instinct in the ability to bring about a second child-
So, Mr. President, over the weekend, legislative field. I think he is actually hood, so to speak, to the minority
I shall try to take a little time--if I have to the manner born, and this is the field leader. I Laughter.]
any time to spare, which is rather doubt- in which he excels so well. I have noth- Mr. DIRKSEN. Oh, Mr. President, I
ful-to try to think up some way to de- ing but admiration for his whole legis- hope not. (Laughter.]
velop two back pages of the CONGRES- lative career and for the services he has Mr. MANSFIELD. But I do wish to
SIGNAL RECORD, so that the back door rendered to the country. say that I am indebted to the distin-
can be looked at from two points of view. Disagree we have, sometimes rather guished minority leader for what he has'
That will take considerable doing, and vehemently, and I assume that there will had to say about the distinguished ma-
that is why I cannot do it today. It be points of disagreement so long as the jority leader. Senator JOHNSON's con-
would take a full weekend-no matter legislative process continues. But not- tributions have been many in the past,
how artful or skillful I might be-in or- withstanding that fact, I respect his and I anticipate that with his return
der to get that job done; and by that viewpoint and I admire his capacity, and to health-and he is in good health
time our esteemed and beloved majority I pay high tribute to his contribution to now-his contributions in the future will
leader will be here, and will be able to the well being of the country. be just as great and just as much in the
comment on it. The majority leader is in every sense best interests of the country as a whole.
Mr. DIRKSEN subsequently said: Mr. a patriot. He is a dedicated person. Mr. DIRKSEN. If the acting major-
President, to amplify the remarks I made Even his most durable enemy will not ity leader will yield for another second,
previously about the back door, I have withhold from him the tribute that he I hope my remarks will at no time, no-
been intrigued with the idea that per- is a patriotic, dedicated American, who where, be interpreted as meaning there
haps I could ask unanimous consent to seeks to serve his country as he sees his is an undue restraint on the minority
get the front page of the RECORD to do a duty. leader in those moments when he takes
little with the front door. I will take I am sorry the Senator cannot be here exception to the viewpoint of the ma-
that under advisement over the weekend. today on his 51st birthday. I wish every jority leader on matters of policy. I
I may come in with a request concerning Member of the Senate were here so that want to keep that great, big, unem-
the front door on the front page. That we could proclaim the fact. broidered club handy at all times, so
is a matter which will require careful Mr. President, if the Senate will in- when occasion demands I can use it to
pursuit and exploration. dulge me one more moment, as I think assail the majority leader with fine re-
Mr. MANSFIELD. Mr. President, I of that age 51, standing on the pinnacle straints but with vigor, in the interest
can well imagine the distinguished mi- of a more advanced age, I can almost be- of the country.
nority leader, in his sylvan retreat this come patronizing and utter the wish, Mr. MANSFIELD. May I say the
weekend, cudgeling his brains and com- "Oh, if I were only 51 again, would I redo, shillelaghs will always be on the table
ins up with a solution of the problem undo, and change many of the things on both sides.
which confronts him. I have no doubt that have marked the sometimes tortu- Mr. WILEY. Mr. President, will the
that a solution will be found. ous but otherwise pleasant course of this Senator yield?
existence." Mr. MANSFIELD. I yield.
FIFTY-FIRST BIRTHDAY OF SENA- Mr. President, r love, in a moment of Mr. WILEY. I am sorry I was not
TOR JOHNSON OF TEXAS S quiet and introspection, to stand on this here when this very complimentary ex-
pinnacle of age, which, I suppose, is change relating to the majority leader
Mr. MANSFIELD. Mr. President, I one of the delights of advancing years, took place. My memories of the ma-
take this occasion to call to the attention and look back and see others as they come jority leader go back to the time when
of the Senate the fact that today is the along, he first came to the Senate as a rather,
51st birthday of our distinguished major- I hope my constituents will not inter- let us say, unobtrusive character. He
ity leader, the senior Senator from Texas pret that statement as a confession that has gotten rid of that quality since
1.Mr. JOHNSON], I am approaching senescence and senil- becoming majority leader.
At 11 o'clock he will be delivering a ity. l: never felt better. I never had I will say, Mr. President, that in all of
speech to the national convention of the more vigor in my life. I have reduced the years I have been a Member of the
American Legion in Minneapolis. my waist line very considerably. I took Senate, I have never seen one who works
I think that our party, the Senate, and off about 45 pounds. And may I say that more effectively than the majority lead-
the country are very fortunate to have one of the reasons for it is that 1 day in or. What I am most pleased about.
in the person of LYNDON JOHNSON a a colloquy here in the front row the ma- however, is that he has gotten more con-
leader who has shown the responsible jority leader was chiding me about my trol of himself. Previously he used to
qualities he has down through the years, waist line. I said, All right. I will lose his temper quite easily. Those were
So I take this occasion to extend to a accept; that challenge. How much do the days before he was taken ill; but ap-
;reat man my most heartfelt thanks for you think I ought to take off?" He said, parently his going through that test
the many services he has performed for "I think you ought to take off 40 pounds." changed him into a very pleasant, con-
his party, for the Senate, and for the I said, "Is that an educated guess or is genial, considerate majority leader.
country through the years in which he that based on medical testimony?" He I have enjoyed sitting back here where
has been a Member of this body. His said, "That is my estimate." I said, "I I do and seeing how these two giants, the
inspiration, his wise counsel, and sound will go you one better. I will take off 5 majority leader and the minority leader,
advice, his sterling leadership all have pounds over the amount you have indi- get along together. Then all at once
furnished guide lines to those of us who cated." they hit the ceiling because one hale
have had the privilege and opportunity So I did take off 5 more pounds. I owe said something to which the other one
of serving with him. the majority leader much for my having feels he must retort. I would say that
Mr. DIRKSEN. Mr. President, will recovered a svelte figure-I hope it is they are both masters in that respect.
the acting majority leader yield? svelte [laughter[-and in so doing, it But LYNDON JOHNSON, in my humble
Mr. MANSFIELD. I yield to the dis- energizes one's vitality quotient, and I opinion, as a leader, has been able to do
tinguished minority leader, hope it will add to my days, and that the more with the Democrats than has any
Mr. DIRKSEN. I join with my dis- worth of the days may be such as to man in the 20 years I have been here.
tinguished friend from Montana in make me a little proud, too. He can whip them into shape one way or
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