FOREIGN SERVICE ACT AMENDMENTS OF 1960
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP78-03721A000400020003-1
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
96
Document Creation Date:
November 11, 2016
Document Release Date:
March 26, 1999
Sequence Number:
3
Case Number:
Publication Date:
August 17, 1960
Content Type:
REPORT
File:
Attachment | Size |
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Body:
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TAB
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BGix (:o c;ftr.5s 1101 SE OF REPRESENTATIVES
2d 80mi47n From
Annroved For Release 19991O827- 8.7.,03721000040002000-1No. 2104
1'y![r,, ,JAYS, from, the Oomw3ttee ga,Foreign Affairs, submit 3' e
following
REPORT
(To accompany S. 26331
The Committee on Foreign' Affairs, to whom was referred the bill
(S. 2633) to amend the Foreign Service Act of 1946, as amended,;and
for other purposes, having considered the same, reportfavorll ly
thereon with an amendment and recommend that the bill. as $mended
do Pass.
!he amendment is as follows:
Strike out all after the enacting clause, and insert in lieu thereof
the following:
T afit this Act may be cited as the "Foreign Service Act Amendments of 1960".
Section 4)6 of the Foreign Service Act of 19 ii, its amended, is amended
to read as follows:
"SEe. 416. (a) A person appointed as a atalf officer or crnplovcse shall receive
base' salary at one of the rates of the class to which he is appointed which the
Secretary shall, taking into account his qualificatiorn, and experience and the
needs of the Service, determine to be appropriate Iasi hiii to receive.
"(b) Whenever the ;+ecretarv determines that the n!?eds 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 stag offie r or employee in the same class and occupational
group who is receiving less than such established rate."
SEC. 3. Section 417 of such Act Is amended by striking out "(b) " it ttie first
sentence.
SEc. 4. Section 431 of such Act is amended by striking out in the first sentence
of paragraph ta) the phrase "the termination of time spent on authorized leave,
Whichever shall be later," and inserting in lieu thereof the phrase "upon termina-
tion of his service in accordance with Lite pro% isi.)ti~ of paragraph (hi of this
section,,.. and by amendirrgparagraph (h) of this;!?c'ir.' to read as follow:
"(h) The official s!?rvices of a chief of mission ;:hll i~ut hze deemed terrninated
by the ruppoiotinent of a successor but shall cont.im:c? again hr has relinquished
char}~a' of the ntis;ion and for such additional 1,l'r;od as may ire determined by
the Secretary, but in no case shall such additional period exceed fifty days, includ-
ing t line sp ent in transit. During such period the Secretary may resquire him to
render suet: s'ervic'es :as he tray des..?rn frecessary in the int-rests of the Government."
5,94420--6!) --1 1
Ardered to be prin'tsfj t r 1 ,
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Approved For Releaseat"11'441CfAu tl3~`L#A~O'0(9~?b0`00'0=`l`?`
,~suauwsw cuca,w ~v a?ua8vu?vu;$erviy ~1tp~l too f'those'd a'up ggtt~add,,~ u thd* ofmillwo. ? d iif'tvhe cd~d, staff officers and employees, he estisbliah such positions in relation to the
standing the provisions of the ClMsifibitltin&ACt ofiV49, as amended (5 U.B.C. 1071
and the following), classify positionaia.or_under the Department which -he desig-
nates 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."
Sac. 6. Section 444 of such Act'and'the heading to such section .a.re amended
to read as follows: , ,. t?
"COMPENSATION PLANS FOR ALIEN EMPLOYEES
"9>,c. 444. (a) The Secretary Shall, in accordance with such regulations as he
may prescribe, establish compensation plans for alien employees of the Service:
Provided, That such compensation plans shall be bawd upon prevailing wage
rates and contpr'nsation practices for corresponding tvp.'s-of positions in the
locality, to the extent consistent with the public iuterrst_
"(b) For the purpose of performing functions abroad. other Upverulnent
agencies are authorized to administer alien empl,%yce? program, in accordance
with the applicable provisions of this Act.."
SEC. 7. Title V of such Act is amended by adding at t.hc beginning thereof the
following new section:
"POLICY
,,Sc(,. 5(U) It is the policy of the Congress that chiefs of rei-pion and Foreign
Service officers appointed or assigned to serve the United 5tat,?s in foreign coun-
tries shall have, to the ntaxirnum practicable extent, aln.ult, their gttalifi-l'tions,
st useful knowledge of the principal language or dialect :?i tilt ccn,rarv I:: achich
they'ar' to serve, and knowledge and understtknding of Il:c hi-torj. th, c::11ure,
the c'. 'forme and political institutions, and the interest, of surf; c-untrv and
its pecph,
P,NC. S. (a; The heading to section 516 of such Act is t.) read as
folloNr-. ...\nMlvatn\ Tr, ('LAYS 7 OR 8"
(h) "ec' irnn 516 of such Art is amended by striking nut "sr.' .516.' uuc( inserting
in lieu lhr r,,:: ^Fs:c?..lli. (a;- and by adding at the end thereof a :~r'.v paragraph
(b) which .Iiall read as follows:
"(b) 'f`ee Secretary may furnish the President with the wan- oft ii' :a,' persons
who have passed such examinations and are eligikle for nppointlneut rs Foreign'
Service officers of class 8, whom he recomn.ends for appointment directly to
class 7 %%h,'n in his opinion, their age, experience, or other q.ia!i6c it,:u., snake
t,uch an ;t,rr ouutttncnt appropriate."
Star 11. ;a' Section 517 of such Act is amended by stnktl.; out tin' nouns "A
person win has not served in class 8" which appear st the t.ginnirig (-:f the first
e.entence, and inserting in pl:cce thereof the following: "A t erson NO-) has not
been r,pp'r:nt-d a.? n Voreign Service officer in accorriaracc with. e'rti?ni 516 of
this Act".
(1.,; 51 ` of such Act is further alnended by rt ri.,ur} o-it t La e ro?d turd
third EI nr''ncts of such section.
SEC. 1(I (n) The heading to section 520 of such At ,s rem, I;dcd. by striking
not the phrrtse "ItErNSTATE MENT AND RECALL" and Ruts-l it1illeg in lieu thereof
the phrai v "REAI'P,)INTM#?NT, RECALL, OR R#EMPLOIM1:Nr"
(h) The first sentence of paragraph (a,) of section 520 of suclr Act is amended
by inserting a lwriod after the word "Service" where it nppc;trs for the third
tiros, aorl icy striki.ng out the remainder of that sencerc'r?.
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I'041.1fi\ `Sb;F;.t:'IC1S ACT AMEN1'M' NT'S Of' 11i(3fl
Approved For Release I 9 re ec ~~e-RDP7.~~ retired 0QpA~r pto 3 j porarily
to duty, in the Service whetwve tie hall d G
F s
e
e warns such recall is in the, public
late ,,,
(d) Section 520 of such Act'ls furth Amended b addi ` t r ,
.. y . t a a th~~OpL.;
k% AM, tmrSarabh (n) which whall -4 a.'0-u , -
r-~--?e~~?x?t... *, ~.v v vaurcu R4Ry?s t4
e b, :limited $tatcs Code,'_ seeWQn 7.11, a l orgign gery{oe o,
Government service in an appointive ... w.. cu ..Van cm RQyn u; in t edgy l'
any position for which he is qualified Ap s
annuitant so reemployed shall serve at the will of the appointing o, "
Sac. 11. Section 5 i8 of such Act Is amended by striking out In he second ..'
sentience of such section the phrase "s
b
ti
u
sec
on (d), section 7 of the ClaWfkatjon
Act of 1923" and substituting in lieu thereof the phrase "the Clarssific&tlon iket
of 1949"..
,
t p .It.t;
18$c, 12. Section 631 of such Act is amended to read as follows:
~r'Sze. 581. The Secretary may, under such' regulations as he may prescribe,
appoint staff officers and employees on the basis of qualifications and experieade,;
by Secretary may make provisions for temporary, limited, and such other types
of appointment as he may deem netiessary. He is authorized to establish appro:?:
priate probationary periods during Which newly appointed staff officers or em-
ployees, 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 651 or 652, or the provisions of ally ether law, the services
of staff officers or employees appointed for temporary or limited service and of
other staff officers.or employees wTio occupy probat.iorrary status."
Sic. 13. Section 532 of such Act is amended to read as follows:
"Spec. 532. Under such regulations as he may prescribe, the Secretary may
assign a staff officer or employee to any post or he may assi a hirn to serve in
any position in which he is eligible to serve tinder the teens of this or any other
Act. A staff officer or employee may be-transferred from one post to another
by order of the Secret.ary as the interests of the Service may require."
See. 14. (a) Sestina 571 of such Act is amended by striking oiit paragraphs (a),
(by, (c), and (d), and the heading to such action, urrd inster?tifig in lieu thereof the
following:
"ASS iNMENTS To AN`T GOVERNMENT AORNCY OR 1NTERNA710NAL r)ROANfv.ATION
":ljr 571. (a) An.v officer or employee of 1he Sorvicc may, in the discretion
of ti Secretary. he a.-.signed or detailed for duty in uric (;overnincnt agency,
or in tiny inte?nuitiurrril organization, international cotnniission, or international
bod,v, such art as' Clinlent or combination of assignments to he for it period of
not a, 're than four v"ara, r,xcept. that under special circnrustt nces the Secretary
may extend this four-Pear period for not more tliari four additional years.
''(b) If a Foreign Service Officer shall he appointed he the President, lip and
with the advice and consent of the Senate, or by the President alone, to a poait.ion
in any Government agency, any [limited States deh,gatiou or mission to any
international orgarizaflon, in any international commis3ion, or in any interna-
tional body, the period of his service in such capacity shall be construe"'d as con-
stituting an a.ssignrn.?r;t within the meaning of parrtgraph (a) of this section
and such person shall riot, by virtue of tl - acceptance of such an assignment,
lose his status me a Foreign Service officer. Service in such a position shall not,
how,'',er, ire subject to the limitations concerning the duration of an assignment
coca:0niYl ir, that par:rr4raph.
"(c) 1f th, basic ruiIt irnum salary of the position. to +!?hicit it it officer or employee
of the S-,-r\ i -i is nu sir{n,-d pursuant to the term, of th;s sr. -tion is hi}dter than the
sahtrv such ofhc,'r or employee is entitled to receives nxs an ofFi'er or employee
of the Servic,-, such officer or etnployce shall, during fill' period such difference in
salary exists, rec?cive flit salary Arid allo'wanc(:s of the position in which he is
serving in lit-ti of his r?alserjv and allowances as an officer or (-rim})loy's of the Service.
Any salary paid under the provisions of this section shall lx- the salary on the
basis of which computations and payments shall be made in accordance with
the provisions of title VIII. No officer or etnplovee of the Service who, subsequent
to the dare of ci,$ct!n.'nt of the Foreig'r Service Act Atill, ndments of 1960, is
assigned to, or -A he, niter June 30, 19(11, oxculJ,, it po.,r2ion in the Der;urtmc-nt
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1'01(hA(;1 SERVICE ACT AMENDA.1:N'r OF 1 960
Approved For Releases" 9 ehg itt'ne er'i a pr 74 this paragraph." t4Q(~14k011 Q2AOQ3,oleceive oylsions of
at~2t`by tied ii$Yieltilrg the r grit has' re Iti ep ears in tpe second edptelt
Site 15. Section 675 of such. Actis a ndttld'bystrikin otit all
eitli t
"to's ri-4+A troiralt~F.tYi .?Iat 11-c
ll. wY.~...> _ 'i~~a~ .-_ s_? .r:.
-
v
va 'I 5 as 5 1 U 1 4 % , , rush W j(FZ, bighTI@~h Uon (62 t.%,
t "ftB
Title V -of loch A qt is further bihendt~d by adding at the end thereof
tl e~rollowhi nil's section: :. -.
"POSRrr r LANOt7ao1j RNOWLEDO5 PR%RZQUIdITtt TO ASSIONMDN'I
r0'8nc.1 fl7R The Secretary shall determine annuall
the number
f F
ei
y
o
or
"
Serricero?eer positions In a foreign country which shall be occupied only by an`
Incumbent who has a useful knowledge of a language or dialect commonly used .
in such country.. After -December 31, 1963; ( the prescribed quota of language
ofifoers shallfbe,maintained for each country: Prwulyd, That the Secretary may
make exceptions to this policy when special or emergency conditions exist. The
Secretary shall" establish foreign language standards for assignment. abroad of
officers and employees of the Service, and shall arrange for appropriate language'
tralninq of such officers and employees at, the Foreign Service Institute or else-
where.'
yltc. 17. Section 626 of such Act and the heading of such section are amended
to read as follows:
"WITIIIAr-CLASS SALARY INCRSISES OF FOREIGN 6ERVICE OFFICERS AND RESERVE
OFFICERS
"Sea. 625. Any Foreign Servioo officer or any Reserve officer, whose services
meet the standards required for the efficient conduct of the work of the Service
and who iihall have been in a given class for a continuous period of nine months
or more, shall, on the first day of-each -fiscal year, receive an increase in salary to
the next higher rate for the class in which he is serving. Without, regard to any
other law, the Secretary is authorized to grant to any such officer additional in-
creases in salary, within the salary range established for the claw., in which he is
serving, based upon especially meritorious service."
SF.e. 15. Title VI of such Act is Amended by inserting after section 625 the
following new section and the heading thereto:
nELAT7oSr;11111 RET'};EX PROMOTIONS AND FLt1(.TIONAr. AND GEOGRAPHIC AREA
SPECIALIZATION
620. The Achievement of the objectives of this Act req iin?s increasing
numbers of Foreign Service officers to acquire functional and geographic area
specializations and to pursue such specializations for it substantial part of their
careers. Such specialization shall not in any wa-Y iiiltihit or prejudic,: the orderly
advancvernent through-class I of any such officer in tht' Foreign Service."
SSC. 10. The heading "PART D--SEPARATION ()F Fo R#I(ra SERVICE ()FFt('Kas
FROM THE SERVICE" under title VI of such Act in amended to read ru; follows:
"PART 1)---iEPARATION OF OFFICERS AND EMPL()YF;k:s FROM Tllk; SERViCF:",
St.c. 20. Section 031 of such Act and the heading to -uch section are amended
to read as follows:
FeRPTON' SERVICE OFFICERS VIIO.ARE: r, (REEL( AM FASSA DCIR.S OR CAREE6
MIS'STEas
"Se.C. 631. Any Foreign Service officer who is a can -r alnhas4ador Or it care r
Inini-Ster, other than one occupying it p0:ition ?t, chief of rrli-sion or any other
position to which he has lx'en appointed by the I're,ident, to and with the advice
and consent of the Senate, shall upon reaching the age of sixty-five, 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 lie in the public
interest, he may extend such an officer's service.''
SEc. 21. Section 632 of such Act and the heading to sticit section are amended
to read as follows:
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Approved For Release I 999/(Og/2 `' CrA`-f DP9'16 211A 04b0Q; 10003-1
."ApRTICIPANTm IN TIII5 FOREIGN RERVIQ$ ,Ba'1'jaz,LXltt,T ANQ DiB.A II: f %*Y$TYti[
' $15ot,'t332 ,Ally partielpMst.,1 Y b,4 r c1 ~Stirnizie
"(1) one-twelfth of a year's. saw ;fat his then current salary rate A each
year of service and proportionately for a fraction of a year, but not citing
a total of one year s salary at. his t o current salary rate, payytable ,vfithout
'interest, from the Foreign Service Pigtirelnent and Disability. Fund,in,three
equal installments on the 1st day of'Januiary following the officer's Fetire-
merit and on the two anuiversarles'dT this date immediately following: )''q-
vided, That In special cases, the Secretary, may in his discretion accelerate or
combine the Installments; and r
"(2) it refund of the contributions etude to.the Foreign Service Retirement
and Disability Fund, with interest as provided in section 841(a), except that
in lieu of such refund such officer, it he has at least five years of. service credit
toward retirement under the Foreign Service Retirement and Disability
Syatern, excluding military or naval service that is credited in accordance
with the provisions of section 851 or 852(a). may elect to receive retirement
benefits on reaching the age of sixty in accordance with the provisions of
section 821. In the event that an officer who was separated frout class ?t
or 5 and who has elected to receive retirement benefits dies before reaching the
age of sixty, his death shall be considered a death in service within the
meaning of section 832, In the event that an officer who was separated
from class 6 or 7 and who has elected to receive retirement benefits dies before
reaching the age of sixty, the total amount of his contributions made to the
Foreign Service Retirement and Disability Fund, with interest as provided
in section 841(a), shall be paid in accordance with the provisions of section
841(b)."
Sic. 23. Section 635 of such Act, and the heading to such section are arnendcd
to read as follow
service Ior a penoo not to exeeeanve y
Sme. 22. Subparagraphs (1) and (2) o pa agrap1 (b) of section 1334 of.auch Act
are' amenried to read as follows:
FOREIGN SERVICE OFFICERt RETIRED FROM e'LASei 7 OR $
"SEc. 635. Any Foreign Service officer in class 7 who is appointed under the
provisions of section 516(h) and any Foreign Service officer in class 8 shltll occupy
probationary status. The Secretary may terminate his service at any t.irme.''
Snc. 24. t-,section 636 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".
Sx:c. 25. Section 641 of such Act is amended to read as follows:
"SEC. 641. All promotions of staff officers and employees to a higher clacsi shall
be made at a higher salary on the basis of performance and merit in accordance
with such regulations as the Secretary may prescribe."
tire. 26. Section 642 of such Act and the heading therelu are amended to read
as follows:
"wcTntN ci.A5S AND LONGEVITY SALARY 1NCa1CASEg
"SEC. 612. !a) (Tnder such regulations as the Secrt'I:try may prescribe, any
staff officer or cmpk>ctce whtts(! services meet the standard. required for the efficient
cond'ict of the work of the Service shall receive an inc.r~?ase in salary at periodic
interval., 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 tipccially meritorious serice.
"(b)) Under such regi lattorts-as the Secretary niay prescribe, any staff officer or
employee wiio has attained the maxirnunt salary rats prescribed by section 415 for
the class it: which he is serving may be granted front time to time an additional
salary inereus hovond the cnaximunt salary rate for Li>. clots in recognition of
longevit}' or proficiency in the Service. Each such sza:u~ increase ?hall be equal
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O 1'f)KF,II:N' r i'i;1'iCl; WT AMVNIDMEN'I-s OF' 10C)0
Approved For Re leasetISSSIQ$( h r,G44, 7g-QP7 IAQAPAPAQ~P ii receive more than four such ealarv inerem"a ahilc. * rvino in t.'hP aama storm H s"_I
tent M ~?n?Y.,+S ra n
tYOp ovideL to o J the t. exXtent
lollowingl. `The fecretary ;nnY alr that apace,
..may ..Yvw..vv r? 4y-.
T .^ b, ? Y?~Y.?b vv
amptoyeee of; tbe?Oovernment hi alitfcipatian of the assignment a ro
cable avoid duplicating the facilltie4of the Institute and t'l a trsi t i
U.. the S
.
... - I . -.r.--` - .
ect
tart' at
(b) Section-704-of such Act is amended by adding at the end of auoh secti`tin a
new paragraph (e) which shall read as follows:
"(e) The Secretary may, under such regulations as he may prescribe, )In the r,
absence of suitably qualified United States citizens, employ persons who am not
citizens of the United States by appointment to the staff of the Institute either on,
a fulls or part-time basis or by contrabt for services In the United States oir
abroad at. rates not In excess of those provided by the Classification Act,of 1949,
as amended (5 U.S.C. 1071)."
Sac. 29. (a) Section 803(b)(2) of such Act is amended to read as foUlotv8-
"(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 para-
graph (e) which shall read as follows:
"(c)(1) In accordance with such regulations as the President may prescribe,
any Foreign Service staff officer or employee appointed by the Secretary. of State
woo has completed at least ten Years of continuous service in the I)elrartrnent's
Foreign Service, exclusive of mifitarv service, "hall hot-on ' a part.iciprwt in the
System and shall make a special contribution to the Fund tit accordance with the
provisions of section R52.
"(2) Any such officer or employee who, under the, provisiortss of paragraph (c)(1)
of this section, becomes a participant in the Systems, shall to' mandatorily retired
for age during the first year after the effective date of this paragraph if i'te attains
age sixty-four or if he is over age sixty-four; during the seennd year at age sixty-
three; during the third year at age sixty-two; during the fourt h year at age sixty-
one, and thereafter at age sixty.
"(3) Any officer or employee who hecoin,:s it pttrticipaw in the ~4y.;tem under
the provisions of paragraph (c)(I) of this section w'ho i.; age 57 or over on the
effective date of this paragraph, may retire voluntarily at ant t.in;e hel'+,rr man-
datorv ret~:enient itnder lucagritph (t')(2) of this seetioii aril roreiv,- r-tirernent
benefiti. eider section 821 "
Ssc. 30. Section 9O-1 of tictt Act. is amended to read ;ts follows
80-1
- (a) Annratsnts shall lie persons who are receiving tu'ii,tt e- from
the l-'umi and all perms.. including surviving wive- and hushau,i-. widows, de-
piendert aidowers, chihiren surd heneficiari,'s of participants or ac:niitants who
shall brconit entitled to receive annuities in accordance with th.- pro-, isiuns of
this Act, as rtrnrotded, or in accordance with the provi.si. ics of oectjun Ti of the
Act of fay 1, 1956 (70 Stat. 125). '
"(b) When used to this title the term--
"(1) 'Widow' means; this surviving wife of a participtnt who v:a+ married to
such participant for at least two rears immediately preri- hng his (tenth or is the
mot her of en uc Iiy such marriage'.
'Dependent widower' means the surviving hushanu of a nuticipsut who
uas nuirrird it, such p.:ticipant for at h'r4sl two -Years: tu;u.-?di:i tI fin-ceding her
death or is iht irithyr of issue by such marriage, and 0'o is itica;wble of self-
support l,c rn-- ti of in,?.ntal or phy.acal disability, :end who rs'ce r,-d iiiore than
wa. of him t from such l,artici pant.
31 'hud nuvrcs an tuirnarricd clurcd, under this at,- of eighteen Years, or
ouch unutai i,. I c.i,iltl r, ,ardless of age who because of ptiv,ir;d or iuental di';r.bility
incurred hefor- ar.e eighteen is incapable of self-support. Ill addition to this.
offsprinc; of the participant and his or her spouse the terin tiicludea (a) art adopted
child, and (I,) a step-child or recognized natural child who received more than
Dire-half of his support front the participant."
Sac- :31. 'Sect ion 911 of such Act is amended to rend a,- follows:
";i>'^c:. hII. (a) Six and one-half per centunt of the basic salary received by
each part icip-tat shall tan contributed to the Fund f"r tit- payment of ;annuiti-N,
cash ti-- i fits, retmi(.-, mid allowances. An equal rust: all-u lip- euntributt'd
foot or fund wi t-t: i- - nacrn.-is of his salary.
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amounts deduct+d and withheld from bswio salary together with the attl~tl~
so "contributed frn#i the annrnnrimznn or l,,.t~i -l,-n h
d
_
i
L_
e
e
s
rt j
d
-
awwar
alas 'as.a~ ' uot*Itinerandit1~
rule, ar tegttlsikion s+lfectirig the indiv!ltupi'b silary~t". '? t - o
Esc. 88. (a)- a Vrxgv-. (a)
d
)
`
(c) of
,
w,,
section 821 ofwuoh tlbfatb
to read as fol ows. t,. ~.?>, ra ,d
? Vic. 881
(a) Th
i
.
-Ann u
ty ots pertiaipaa~t shall be equal to 2 per U`_> !
his average bade .salary for. ,the eh ' ,fr
y.
d
t
h
.. wa
e
o t
e rune, multiplied by the f1
of yesrs,~ not exceeding thirt Rwsq of sa vicap credit obtairi in aooordaaNb twttlr
the provisions of"sections QRi~oc2 ---m can .~_
UM Or"MIM90filkw.f
whose continuity of service as such ie Intemtpted nor to retir6ment.by aph
ment or assignment to an her
*
ositi
d
t
i
on
e
eatn
ned by the aecr6tary to be`of
comparable im ortance. p
which the annuity is to be b]it ased, the determining ona] part ofoftaa month, if any, hail not
be counted.
"(b) At the time of retirement, any married participant may elect to receive
a reduced annuity and to provide for an annuity payable to his wife or her husband,
commencing on the date following such participant's death and -terminating upon
the death of such surviving wife or husband. Thy annuity payable to the sur-
viving wife or husband t+fter such participant's death shalt be 50 per centrtm of
the amount of the participant's annuity computed as prescribed in paragraph (a)
of this section, up to-the full amount of such annuity specified by him'as the base
for the survivor benefits. The annuity of the participant staking such election.
shall be reduced by Zi4 per eentum ofany amount up to $2,400 he n{lecifles as the)
base for the survivor benefit plus 10 per: contum of any amount over $2,400 so
specified.
"fc)(l) If an annuitant, dies and is survi
ed b
i
v
y it w
fe or r:usbarn# and by a
child or children, in addition to the annuity payable to the surviving wife or
husband, there shall he paid to or on behalf of each child an annuity equal to the
*mallyst of: (i) 40 per eentum of the annuitant's average haste salary, ail deter-
rnined undo: paragraph (a) of this section, divided by the number of children;
(ii) $800; or (iii) $1,800 divided by the number of children. '
"12) If are annuitant die:,, and is riot survived by it wife or hsishand but by at
child or children, each surviving child shall be paid an annuity equal to the
smallest of: (i) 50 per cry funk of the annuitant's average basic salary, as deter-
rninc'd aisles p:Lrrgraph (a) of this section, divided by the number of children;
(ii) `K 20; or (iii) $2,160 divided by the number of children.
(b) 4ectioii 821 of such Act, is further amended 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 recomputed and paid as though
such wife, husband. or child had not survived the participant.
"(e) The annuity payable to a child under paragraph (c) or (d) of this section
shall begin on the fir=.t stay of the nett mouth after the participant (ties and such
:annuity or any right there,,) shall be terminated upon death, marriage, or attain-
merit of the age of eigiit.eeri years, except that, if a child is incapable of self support
by reasons orrr,r'ntal or lilrysical disability, the annuity shrill be terminated only
when such ehilcisias. marries, or recovers from such disability.
-(f) At the one of retirernont an unmarried participan: nirty elect to receive
it reduced a ntuity and to provide for an annuity equal to F(i per rentta n of the
redur,ed annuity paya'ri]e after his or her death to it beneficiary whose name shall
be designated in writing to the Secretary. The annuity payslips to it participant
making such election shall be reduced by 10 per ce.ntuin of an annuity computed
as provided in paragraph (it) of this section and by 5 per eentum of an annuity
so conipute;d for each full five years the person designated is younger than the
retiring participant, but such total reduction shall not exeeed 40 per eentum.
No such election of a reduced annuity payable to a beneficiary shall be valid
until the participant shrill have satisfactorily pas?-ed a physical exarninat:lon as
prescribed by the 4ecr,t.e1v The annuity payable to t'eueficisrv under the
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8 AC's AMENDMENTS OF 1960
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shall < ... van .;vur vIY+u awucrary alt payta sou
tteaao .and no further annuity psycdt,te silt set uncles this partii t
sh 1I be idue or ppayable
?'
~
k
.
= a:
,~.. t,
a
r : +(a) Paragraphs (a), (b), asst(. {a d~tteatioW. 31 of euah Act rile sine
noIQ the ! excludin mil "~ 7W"T'a,? ysvncurttoaty.yarrarU setts 1 t
anea with nmvt.in exel ., rtg. ilittaryooltlt*vii betvioe"ghat is credited in
f
_. __ .. .. ...v..a. rvice uy;reartvn of disease, ttinjis or`
Injury
not due to vicious lrabite, intemperance, or willful misconduct on his part,'
shall, uDon his own application or .stns.
rder
f
e a
._ .
o
o
th
ry
participant has ten than
31. l years of service c;edit._towvard his retirement,
exceed the difference between his age et the.titae of retirement and the mandatory."
retirement age applicable to hi
l
i
r'.
s c
ass
n the Service..
"(b) In each case, the participant shall be given a ,physical examination by
sical e
one or more duly qualified physicians or surgeons designated by the Secretary to
conduct examinations, and disability shall be determined by the Secretary on the.
basis of the advice of such physicians or surgeons. Unless the disability is perma-
nent, like examinations shall be grade annually until the annuitant has reached
the statutory mandatory retirement age for his class in the Service. If the Secre-
tary 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 reinstatement or
reappointment in the Service within one year from the date his recovery is de-
termined. 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 ex
perience of such annuitant, and the present class of his contemporaries in the
Service, a point hinr or, in the case of an annuitant who is a former Foreign
Service officer, recornmtcnd that the President appoint him, by and with the
advice apd conyi.,:j of the Senate, to a class higher than the one in which he was
serving prior to retirement. Payment of the annuity shall continue until a date
six months after the date of the examination allowing recovery or until the date
of rtinrtateu-'eat or reappointment in the Service, whichever is earlier. Fees for
examinations under this provision, together with reasonable traveling and other
gxpenses incurred in order to submit to examination, shall be ~taid out of the
Fund. If the annuitant fails to submit to examination as required under this sec-
tion, payment of the annuity shall be suspended until continuance of the disa-
bility is satisfactorily established.
"tic) If a recovered disability annuitant whose annuity is d;-contin
ed i
f
u
s
or
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 an-
nuity, be entitled to the benefits of that section or of section 841(a) except that
he may elect voluntary retirement in accordance with the provisions of section 636
if he can qualify under its provisions."
(b) Sectioq S31 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 all annuity under this Act
and compensation for injury or disability to himself under the Federal Employees'
Compensation Act of September 7, 14116, as amended, covering the same period
of time. This provision shall not bar the right of any claimant to the greater
benefit conferred by either Act for piny part of the same period of time. Neither
this provision nor any provision of the Act of September 7, 1910, as amended,
shall be so construed as to deny the right of any person to receive all 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 arty other pension.
t "(e) Notwithstanding any provision of law to the contrary, the right of any
person entitled to an annuity under this Act shall not be affected because such
person has received an award of compensation in a lump suns under section 14
of the Act of September 7. 1916, as amended, except that where such annuity is
payable on areount of the Caine disability for which compensation under such
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FOICEIGN s :RylCi: ACT AMENDMENTS OF 1013u
( 003 1
Approved For Re ease Q a; lsjd?`a h7a :Qc T21pAOOR40~02
f;pe 4exttided beyond the dates annt, .,,n,.a1...:,....... _ . __ry._ p fo~~ by ..
- ~a,nay wa s ~ q
.paymente,or be,prora
inatulkt;Manner as the Sne,r..t.r...,/ t.. .I P r tt 4l,aoor
Sffic. 34 Section 832 of such Act is .
,"awn RRQ l.% r.. ---- _ ~ to tO d~a`tOIION#~~~I
,, ..?....,...w .uo.."~uvw~a+aiuo.`?APau9I~eV:1f
naaafai eiroumstanexd of the .annuitant are Stich as,ira ~rrr`rrant tittek?.>t~ar
e o
ae
o
d
menu under the B etc y oe it Wwam ratue-
y m, excluding. military or naval service that is.otbdited 4n
'accordance with the provisions of section 88b51 or 852(a)(2), dies befcfr ''sepaa{lon.
:,or retirement from the Service and is survived by a widow or adependent widotwet,
as defined in section 804, such widow or dependent. widower shall be entitled to
an annuity equal to 50 per centum of.the annuity computedIn accordance with
the provisions of paragraph (e) of thin section and of section 821(a). < The annuity
of such widow or dependent widower shall commence on the date following
death of the participant and shall terminate upon death of the widow or dependent
widower, or upon the dependent widower's becoming eupable of self-support:,
"(c) If a participant who has at least five years of service credit toward retire-
ment under the System, excluding military or naval service that is credited In _
accordance with the provisions of section 851 or 862(a)(2) dies before separation
or retirement from the Service and is survived by a wile or a husband and a
child or children , each surviving child shall be entitled to an annuity computed
in accordance with the provisions of section 821(c)(1). The child's annuity shall
begin and he terminated in accordance with the provisions of section 821(e).
Upon the death of the surviving wife or husband or termination of the annuity
of a child, the annuities of any remaining children shall be recomputed and paid
as though such wife or husband or child had not survived the participant.
"(d) If a participant who has at least five years of service credit toward retire-
ment wider the System, excluding military or naval service that is credited in
Accordance with the provisions of section 851 or 852(a) (2), dies before separation
or retirement from the Service and is not survived by a wife or husband, but by a
child or children, each surviving child shall be entitled to an annuity computed
in accordance with the provisions of section _ 821(c) (2). The child's annuit
shall begin and terminate in accordance with the provisions of section 821(e).
Upon termination of the annuity of. it child, the annuities of any remaining
children shall be recomputed and paid as though that child had never been
entitled to the benefit.
"(e) If, at the time of his or her death, the participant had less than twenty
'-ears of service credit toward retirement under the System, the annuities payable
in accordance with paragraph (b) of this section shall be computed in eiecordanee
with the provisions of section 821 on the assumption he or she has had twenty years
of service, but. the additional service credit that may accrue to a deceased partici-
pant under this provision shall in no case exceed the ditferepee between his or her
age on the date of death and the mandatory retirement age applicable to his or
her class in the Service. In all cases arising under paragraphs (b), (c), (d), or
(e) of this section, it shall be ainsurned that the deceased participant was qualified
for retirement on the date of his death."
Sac. 35. A new section 834 is hereby added to such Act as follows:
"DrsCONTtNUED SERVICE RETIREMENT
"Sec. 834. (a) Any participant who voluntarily separates from the Service
after obtaining at least five years of service credit toward retirement. under the
System, excluding military or naval service that Is credited in accordance with
the provisions of section 8.ti1 or 852(a)(2)., may, upon separation from the Service
or at any time prior to becoming eligible for an annuity, elect to have his contri-
(
)
" , .: ? 2. } 4, -. gib 4"
LSl `k:, r,.Yr ',;#
(b) If a participant wlio has at least five car
f
tvi
re
r ? ?- v.....a.v.4NV4.e W IIJe s' uUU,Y1P7{WP the rates prescribed in sections 841(a) and 881(a), shall.,be paid ink:; >of
Precedence shown in section 841
b
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10 FOhEiGN SE VICE AU T ,t:u; h: LAtE:N'N OF I rn o
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utiona to-the Fund returned to him in accordance with the provisions of section
Sot or.#t>r !
SEC. 48. (a) Section 1021 of such Act.its amended :by 1 p~hrit,11 W
Department includin" immediately, prloi,tothe phrase "the oe.' wheretrer
(b) Section 1021(a) is further amended by stalking out the pphrase ..if rre~ppoo,m-
mended by the Director General" and inserting in'ieu thereo( the phrase "atptbe
discretion of the Secretary".
Ssc. 47. Sectjon 11 of the Act of August 1, 1956 (70 Stat. 890), is hereby
amended by inserting after the phrase "Government-owned vehicles" the primes
or taxicabs", and by inserting after the phrase "public transportation facilities"
the phrase "other than taxicabs".
Sc. E48. Paragraph (4) of section 104(a) of the Internal Revenue Code of 1954
(26 U.S.C. 104(a)(4)) (relating to the exclusion from gross income of compensa-
tion for injuries and sickness) is hereby amended to read as follows:
"(4) amounts received as a pension, annuity, or similar allowance for
personal injuries or sickness resulting from active service in the armed forces
of any country or in the. Coast and Geodetic Survey or the Public Health
Service, or as a disability annuity payable under the provisions of section
831 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1081; 80 Stat.
1021)."
Star. 49. The following headings and sections in the Foreign Service Act of 1946,
as sucended, are hereby repealed:
(1) Section 442 of such Act and the heading thereto.
(2) Section 525 of such Act and the heading thereto.
(3) Section 57ti of such Act and the heading thereto.
(4, Section 577 of such Act, and the heading thereto.
Sf;, . 50. Any person who occupies a position in the Department of State to
which he was appointed b} the President, by and with the advice and consent of
the Senate, at the time that he was an active Foreign Service officer, and who
while holding this position has retired for age as a Foreign Service officer, and who
on th,? effective date of this section, continues to hold such position is hereby
reinstated, effective as of the date of such retirement, to active status as a Foreign
St `vice officer and shall be entitled to all the provisions of the Foreign Service
Act of 1946, as amended, as though he had never retired.
SEC. 51. Notwithstanding the provisions of this Act, existing rules and regula-
tions 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 accordance with the provisions of the Foreign Service Act of 1946, as
aiiicn,iod by this Act unless clearly inconsistent with the provisions of this Act
or t.h'? provisions so amended.
dec. 52. Notwithstanding any other provisions of law any Foreign Service
staff officer who accepted an appointment. as a Foreign Service Reserve officer
in th.? lpr?psrtment of State during the period beginning September 1, L958, and
ending I)ecetnbcr 31, 1958, both dates inclusive, shall not be separicted from the
f oreigu Service before the expiration of his original aPpointnient as a Foreign
Servie. Reserve officer, except as authorized by section 637 or 638 of the Foreign
Service Act of 1916, as amended.
SF". 53. (a) The provisions of this Act shall becoun? effective as. of the first
day of the first pay period which begins more than thirty days after the date of
euac?t nn?nt of this Act, except as provided in paragraph (b), (c), (d), and (e) of
this, sec?tinc, and except, its otherwise provided in the text of this Act,
i>> ' 1 I Ti,e I,rovirions of paragraph (c) (1) of ser?t ion S03 of the Foreign Service
.',c! ca iIit,,, as amended by section 29(b) "' he. :1st, shall heconie effective on
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14 FOI F;I(:ti SERVICE ACT AMENDMENTS ()F 1960
Approved For Releaaaaaa~ 9~~I9$ CI R ~ -03721AO00400020003-
.ia rst meet w c~
ti t of this Act except - Mt sn
~ .. _ . 'vice stir.. ce{ ot.sF tbYS'e'
at ~le'!thia ,(~ "a:.irr.:.tst. M -m
x p vrsrvnr or a h a. 1 t3 the
th
hl
.
w
oh % pus more than' three years after ti
r f n4atment of tole Act.
r
(c) The-amendment. made b
le
tio
3
f :,.,_ w
y
c
n
1
o
tir>St i of, the @rst month vKhicli v~~~ ?a- ?, uws u snail tare eject b 'the
baagltrb'tnoie'than thirty dL~js after the date of
enact~e rpt of.this Act.
.
(16) The amendment made by eectton 48'of this Act shalt be effective with
respect' 'taicable years ehdfng after the date of enactment of?thfs Act.
COMMITTEE ACTION
1n January 1959, the Acting Secretary of State transmitted to the
House of Represetltativea and to the Senate a request for legislation
to arnbnd the Foreign Service Act of 1946, as amended. This was
referred to the Committee on Foreign Affairs, the chairman of which,
in turn, referred it to the Subcommittee on State Department Organi-
zation and Foreign . Operations. The subcommittee held a series. of
hearings early in 1960 on S. 2633 that had passed the Senate in the
closing au,ys of the 1st session of the 86th Congress.
Actcon by the subcommittee was interrupted by consideration by
the full committee of the Mutual Security Act of 1960. At the con-
clusion of House action on that measure, the subcomrittee again held
hearings in June 1960 and ordered reported to the full corrilittee a
clean bill, If.R. 12547. At its rneeting on June 14, 14+60 the nCommit-
tee on Foreign Affairs ordered reported H.R. 12547 with amendments.
Before House action could be taken, Congress rece8 4ed. In the
interest of expeditious action the committee decided to call up S.. 2633
in place. of II.R. 12547 and substitute an amended text for that con-
tained in both of those measures.
PuKFOBES OF THE BILL
S. 2633 is concerned prinei,pPally with amendments to the Foreign
Service Act of 194(3, as amended. In 1955 and 1956 Congress passed
legislation to facilitate the program for the infegration of departmental
personnel with the Foreign Service. At the snme time it authorized
various improvements such as educational all;iwaucc:s, increased med-
ical benefits, and other benefits to "make tiie Foreign Service more
attractive to vottng Americans seeking a career in overseas service.
The amendments contained in this bill reflect the expericncc of 14
years of operation under the 1946 act and are based upon studies
made by the Dttpartmerit to make the Service more reslxonsive to
current needs. The amendments frill into three major categories.
First, provision is made for the participation of certain members of
the Staff in the Foreign Service ret.ir(cmt'nt au;d disability system.
second, tilt? bill Clarifies certain e\1stinr 1)rv~'25iw) 11, Of tl1C For'elc!r1
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1)T2r:1' N :;I?t;VICE ACT AMENDMENTS OF 1060.
j h
4`1 `14" .'the"biHtiY18 'e$"II71DrDVPd11 #. in. #. o Z or
.:.. Ct. g his
duties. The 50 days provided in this section is a maximum period
and not a standard or average period.
Section 5. Clus.sification of positions in the Foreign .5'rrvicc and in the
Department (sec. 441)
This section modifies section 441 of the act in soverd respects.
The present language of the act draws a distinction between the
F80--FSR categories on the one hand and the FSS category on the
other in classifying positions abroad to be filled by American personnel.
In u worldwide service it is essential that American Foreign - 'rvice
personnel be assigned according to the needs of the 5ervicc, with due
regard to the availability of personnel, health problems, and other
pertinent considerations. The new language provides a uniform basis
for classifying positions regardless of the category of American
personnel used in slafiiing positions.
This section also authorizes the Secretary to classify positions in the
Department without regard to the Classification Act of 1949, as
amended, in those instances where he determines the positions are of
such a character as to justify their designation as Foreign Service
officer positions. When a position, subject to the Classification Act
of 1949, is filled by a person other than an officer of the Foreign
ervicey it would continue to be classified in accordance with the
provisions of the Classification Act. Classification under the provi-
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Approved For Release 1999/08127 -CIA DP7k8'r03`7~24A'OO04O0020003-1 17,
sions of this section: would be inoperative until such position is flue l
by a Foreign Service officer,
Section. 6. Compensation p itn8 for Q trer~ cmptq pes,(eec.'
3 This section is it cl
vifiCati ~napll'fieation of r
..
the act that deals with compq t ott,li+ r alien_ppnp ayeest }` a 4
seas. The new language will p It the.,establ sent of iy
salary schedules for such employees to.)ie:based warn lctcal'~tzlta
pay practices for corresppopnding types of positions in the lacallty
Fhe new paragraph (b) conifers authprt~y upon other toverniet
agencies to utilize the provisions of .t4 s act i.. their e1>1playinelit l
alien personnel abroad. This will vu~ble all Federal
ttefesq`;.
ploying such personnel to operate as a single employer by 'ironic
uniform employment conditions for all alien employees of the (oven -:
ment in it particular foreign labor market area who are working uride
section. 7. Policy statement on oualifeeations for aesi9nment of elatefsof
rns,vion and Foreign Service officers (eec. 600)
This section adds a new section 500 to the act, stating that chiefs
of mission and Foreign Service officers shall have to the maximum
practicable extent a knowledge of the language, culture, history, and
institutions of the countries in which they serve. This statement
emphasizes congressional concern that our representatives abroad be
knowledgeable about, the country in which they serve. It is the com-
mittee's expectation that this statement will result in an intensifica-
tion of the Department's language training and orientation program.
Section S. Aden ih~ion of Foreign Service of cera directly to clays (etc:
:i-l fi')
ubs(,etion 86a) is a technical amendment.
Snbsertion 8(b) adds it new subsection (b) to section 510 to permit
the appointment directly to class FSO-7 of a limited number of per-
sons Who have qualified for FSO-8 appointments under the provisions
of this section. It is the understanding of the committee that such
appointments will be restricted by the Department to mature and ex-
perierwt,d candidates who (1) are at least 28 years old; (2) have a
record of graduate training or of emplovim nt in government, or indus-
try which clearly demonstrates ability or special skills; and (3) have a
competence in a modern foreign language. Under existing legislation
it has been necessary for some older and more experienced individuals
to take salary reductions to accept appointment at the sain.e level as
younger men recently out of college. A study of the background of
recent appointees to the service indicates that not more than 15 to
20 percent. would qualify. Given the standards that the Department
will appl}-, the committee believes that, the opportunity offered by
this now suhsectnoi Nvill attract a. larger number of qualified applicants.
5'ection 1). fi(Irui-,iwrr to classes 1 to 7', inclvsire (sec. 517)
This section amends section 517 of the act in two particulars.
Authority to appoint to class 7 persons who qualify by examination
wvithont .the rcquirenment that they must, previously have served in
chess 8 is retained. The change is in conformity with the amendment
Made to section 516 of the act by section 8 of the bill.
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rS PUKE."( AFor Release 1999/08/27: CIA-R8-'ft'2lf102M0M003-1-
i Y- ~K ~,, t>i
amino ?.,,.,....::.~ a.... ;:r
mionl is. Limited ado 6atdaru appai+nimcnt }or `, 4
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The language of the now,' :- a~pp,)A (c) of section 571 e11mus. t
the. salary di erenttial presently paid a Foreilm; Service office
wont that is:;destgnoted as ~a rvl ttmtt Post Lion snit ate
tr eaia t "h ghee thtsfi le ` t` f he` ary.'.' That r kt
ts.in conformity with the amentheriti:to ncc on 4+1 of the a t ?
sect b of the btiil) wlnch perntite the y to classify department
sitigns designated as Foreign Service Officer positions under Foreign
Service standards rather than Claa i$cation" Act standards. O0icare
or ein loyees. assigned to non-FSO positions in the Department, or
official delegations or misatons, to iutertiational bodies will receive, a
positaoa
salary.ciifferential if the basic it in'unum salary rate of such
is greater than their Foreign Service salary.
Section. 16. Assignments to foreign go>veemrhents (sec. 576)
references.
This is a technical change to tiring up to date the statutory
Section 16. Foreign language knopoiedge prerequisite to as?cignmeni
(sec. 678)
This section inserts a new section 578 in the act:. Its purpose is to
accelerate the foreign-language cotnpetence of personnel overseas by
requiring the Secretary to. determine annually the number of Foreign
Service officer positions in a foreign country that shall be occupied
only by officers who have a. useful knowledge of it hinguitge or dialect
commonly used in that country. After December 31, 1963, the
Secretary would be required. to maintain a prescribed quota of Ian-
guage officers for each country.
The committee belieyes that, improved language competence of our
overseas personnel is not only desirable but necessary if they are to
be effective representatives of the United States. at the sane time
it is aware of difficult administrative and staffing problem that will
be created if it rigid and iminediate requirement were made that in
each country specific positions were to be OC(l ied only by officers
with it capacity In the local language. To provide sonic measure of
flexibility the conunittoe is recommending a requirement for an overall
post quota rather than the designation of particular positions. that
must be filled by officers with language proficiency. Under special or
emergency conditions time Secretary may make exceptions to this
policy.
This section further provides that the Secretary shall establish
foreign language standards for assignment abroad of Foreign Service
personnel and that lie shall arrange language training for such per-
sonnel. These provisions would enable the Secretory, and lit turn
each chief of mission, to make the most effective possible utilization of
language officers where their services are most needed.
'Section 17. td'ithin. class ealara/ increases of Foreign Service officers and
Reserve o fliers (sec. G25)
The lanrguage in this section amends section 625 of the act, to grant
in-class salary Increases without. regard to the cash awards provided by
the Government Ernplovees' Incentive Awards Act (title III, Public
Law 763, 83d Cong.). Frcquenlly an officer serves for long periods in
positrons classified sever.ci im'vels above his person at r:Ink. In other
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cases officers undertake the study of, and become prolcient'in, difficult
foreign languages on their own initiative. These are'exa'ih les of the
kinds of services that can best " berewarded by tn in-cis, saletry
increase.. providing a 'continuing and more desirable incentive; Norr-
mally.such outstanding service will result in earlier pros otioa. "r Iu
those cases, however, where an officer is not eligible for promotaot it,,
will be possible under this section to Five him some reeogmtion .?'1he..
committee expects that 'this provision will be used -sparingly.'. ttu41
regards a single in-class increase as -generally, sufficient. Only, rudder'
the most exceptional circumstances is more than one . memo
.warranted.
Section 18. Relationship between prometione and _functional -Gtr gee-
graphic specializaton (sec. 626)
This section adds a new section 626 to the act expressing the-policy,
that more functional and geographic area specialization is needed in
the Foreign Service and prohibiting such specialization from prej-
udicing promotions of officers through class I. This section was,
inserted by the Senate committee to stimulate specialization without
prejudicing the career of the Specialist. The language gives congres-
sional endorsement to the Department',; administrative po:dicy on this
matter as expressed in lireeepts to selection hoards. Instruction to
the boards direct. them-
to give positive recognition to the fact that the needs of
the present day Foreign Service require that many of the
officers become specialists in one or more of the. functional
areas of Foreign Service work.
In approving thi4.:9ectlon the committee recogiu o's that ,pecinlization
that is too intense or that Marts too early in" it career may result in
officers with P. range of knowledge and experir'nCe that limits their
availability in a mobile worldwide service. It will he necessary for
the Department to project for some year, ahead anticipated defi-
ciencies of specialists in particular areas and plan its personnel
policies -accordingly. This is a matter that roust be kept under
continuous study.
Section 1P. Separatoin of oJJzcera and Pi)iplovieehF_i'a,itt the Service
This a technical conforming amendment.
Tn conecctjort witlr the cousidcrution of separation of oflie.ers from
the ,` ervice, the cnnintittee had occasion to review the selection-out
procedure'. Several cases known to the committee. one of which oc-
curred recently-, were discusserl. 'T'he officer in this case was given a
list of descriptive adjectives that were alleged to represent, his deft-
ciencies. The conurrittee does not regard such as Iist as meaningful.
1.f the evidence before the selection board is thorough enough to war-
rant. the indtvidunl's selection out, he ought to he furnished at the
mininunr with an accurate and reasonably complete sunuuaryof the-
deficiencies noted by the board. The ctonrtnittcc is of the opinion that
all officers who fall into the lowest 10 percent of their class should be;
formally notified in writing of this fact together with it summary of
their deficiencies. ~hotrld these not be corro?ted In, the officer con-
cerned and it becomes necessary for suhseyuce selection boards to
separate sttch an offie er in the I,,?st interest' of the se=rvice, the officer
involved will have l]r..l an ncleetunic w Rrnirr no byres for c+ornplaint.
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22 TO}if:1~~ A: CE
1~~4i~iI)?~I:V`'iS 01' 14rf0
Approved For Rely'9;.~P,~~e~~
rmrtiaters (sec. 631) t s~,e t
This section.. broadens the provisions a of .,,section 63l of a ac
coveming the mandatory retiretnont of career ambassadorar
. milnisters. Such officers must: retirwat-age $5 ynlbea-they
serving is, a position 'to 'which they havebeen anadiit
. .I Mtdent, by and with the advice and consent of: the Senawl s t
` The new language as amended by the committee permits thoc
such exceptions to the determination of the exi~Stenco of an eme z G
the Secretary to avail himself of the services, of a career a ub $do
or career minister beyond the mandatory retirement age Wheh' eubh`
officer has ti unique knowledge or experience. It is exps dted.that'.
this provision will be used sparingly.
Section 21. Foreign Service officers who arc not career ambase'adorsy or,
career ministers (sec. 682)
This section amends section 632 of the act. It covers officers
below the class of career minister and Staff officers and employees
who become participants in the Foreign Service retirement andrdis-
ability system, all of whom are mariclatorily retired at'age 60, and
permits the Secretary to extend their services'' for a period not to
exceed 5 years beyond such mandatory retirement ege.
Section 22. Selection-nut benefit. (sec. 634)
This section amends section 634 of the act. In addition to clarify -
Mg the- language in that section, it authorizety the Secretary in special
circumstances to accelerate or "combine" the installments of the
severance Payment of up to but not exceeding 1 year's salary, withr
out interest., which is already suthorized by aw. Such benefits a.re.
presently paid in t}Tree annual installments. There are circumstances,
however, when it nrav be desirable to accelerate payments in accord
aac.e with an officer's needs. The amended language will give the
Secretary discretion to make such an acceleration.
Section 23. Foreign Service o f errs retired from class 7 or 8 (sec. 635)
This section amends section 635 of the act to provide for the pro-
bationary status of e.nj? Foreign Service officer of class 7 who is ap-
pointed initially- to that, class under the provisions of section 516(b)
of 1he act as amended by this bill. (See sec. 8 above.)
Section 24. 1'olvntary retirement (sec. 686)
}'his section substitutes "partieIpant, in the'Foreign Service Retire-
ment and Disability System" for "Foreign Service officer." The new
language conforms with other changes made in this bill to include cer-
tain Staff officers in the retirement system.
Section 25. G'las's promotion of Staff personnel (sec. 641)
't'his section amends section 641 to e nphasize.the principle that, the
promotion of Staff officers, and employees to a higher class shall be on
a corm petit.ive basis in relation to performance and merit rather than
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rfliti:ik.N SFRVICK ACT AMt} N1 TENTB OF 1960 23
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P 1 0 1 buc: eauIq Uaiiis as t' oreign service trees i
Promotion.,. -
s :4 4`6' 1
Psia caph'fa) ,6T,6hetsitiiti`~t3 I rZ'r"naarl to > fin
liiareiidies ' . t- ro c for _lit
etitOrious service tsar:thst'
ervict~ officers and Fore~ Servlrk Reserve offieere
They new section '842(b) autlwiited the Secs
longevity,. pay 'is well established ia' industry" ' `he G'~ t i '
oogering' a large shgment %of Federt~l''employees' iilo* ltel"tht-'~
principple.
Although the work performed,by Staff ersontiel is 9est vitiE-i and
important to the effective functioning of the Service; the natuire'r f
the duties and the qualifications required impose automatieiimitatiotis
on promotional opportunities. There is the additional factor the,t
a number of the older Staff employees could not qualify for integration
into the Foreign Service Officer category with its greater opjjporttinities
for advancement. This has created something of a morale problem
which can be alleviated in part by the provisions of this section. The
longevity pay system will meet a definite need in providing.an incentive
for qualified and experienced employees to continue in the Service,
thereby assuring the ecvailability of essential skills with 'a minimum
of turnover and cost.
It is not intended that longevity or proficiency increases' will be
awarded automatically. It is contemplated by the committee that
longevity increases will recognize length of service and above average
proficiency. The longevity periods will be established by regulations
prescribed by the Secretary but no individual may receive more than
four such increases while serving in the same class.
Proficiencv increases are intended to reward superior performance
of personnel principally in the intermediate and lower -rank and
clerical cmplovees. As in the case of such increases for Foreign
Service officers and Foreign Service Reserve officers, the committee
expects that this provision will be used sparingly and regards a single
in-class increase as generally sufficient. The Department should
establish the ground rules under which the increases will be made.
Section 27- Orientation and language training of spousvs (see. 701)
This section amends, section 701 of the act by adding two sentences
to provide authority for spouses of Foreign Service personnel to receive
language, orientation, and other training. The committee has for a
number of Years emphasized the importance of training in these fields
for the spouse as well as the officer because each has a definite place
in the representational unit. The proposed addition will Kive, the
Secretary authority to provide orientation and language training to
spouses of officers and employees of the Government who are to serve
abroad. Since such training will be on a "space available"' basis,
it may he given at the Foreign Service Institute or elsewhere, including
posts aurosd.
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Approved For Relea 1999I7 '2 ` d1W 8` SIM (3fObt0.003-1
( Section ft ',446 ine1~ l' 1, %for acgzrinag 8718 in`
?ub8CUtion (gj , e h ?
4 ~ M.: W' JFi i.
ovens in which training is urgentw"n 'ec r, A-, ,e.t>
.area of a country or region as tpq neens of the bervice requirq,,: ',t'tt}t
often can hest be done.. by providing instructors who.are recent ernlgeees,
who have not yet had. n.9 portunity to obtain American citizenship,
or wlio are in:.the country or a short period of time.. Many depart
ments of the Government already have.legislative authority to use
aliens in certain circumstances, such.as the Departments of the Army
and the. Navy, Agriculture, Justice, CIA, the National Scourity
Agency, USIA and the Public Ilealth Service.
%&ruc 4n in tanpiige uq? ~,. a . n ; Pm Pte, 4~ . tt +
la" gi. ge and: rient tibn~ co i~ flee; sty, ei;t s caI ate
e iC1at tcu yRto iloy o f ; 1
tsubseetlon (a) 1Px0PxJWP P,
of,,the Institute.. or.to contract,,. orllheleervic~cs.of., ens too ar. n
AMENDMENTS TO TITLE VUI.MADE B. Y SECTION 29 THROUGH SECTION 48
Title VIII of the 'act eovers.the 1 `pr'Qign'Service Retirement and
Disability System. The amendments to that title contained in sec-
tions 29 through 43 of the bill are the first major amendments to this
title since the act was passed in' 1946. The general effect of the
ainendnients is to bring the. Foreign SService Retirement and Disability
System more nearly into a reement with the civil service retirement
system. The following table offers a comparison of the two systems
including the amendments proposed by this bill to the Foreign service
retirement system (col. 5).
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08/211
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chrldicn o 1 rttcapants iv 't,'dlio -in hervice as the new Ii3Wg li
tlection 821- oes for-depend+oalt children of deceased annulttartls
4 rheas .t a acluston of erg t t t military. se ee rn thiti
s o }, '::'1 t t t tt` 's#tnin- tse' 'td"p"oi
tne'!ayatem: (rte providoddurviw rjienefitsfor.o nd4a
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Approved For Release JARNO,?12
.
.
during the first year. Thereafter, the annual cost would decrease and
Based on an analysis of officers on the retired rolls at the beginning
of fiscal year 1959, the cost of the provision would be about '$ 90,000-,
participants: and does not apply to any person presently receiving
time of their retirement. The provision is applicable only to `forM+tjr
who ;retired with Ana n 80 credittable set pa Wex"e
;3', ode ~ +ea~tantntirt~te
the full benefit of their creditable service in .excess of 30 at t
Until 1966- amid i tt~~iun 41}p= n i tt s. ot+vice retiretn4ntt;
l
(sec. 8
66) s
eventually disappear with the death of such officers.
sections JO and 41. Recall (sec. 871)
Section 40 is a perfecting amendment.
ervices, to make a new election with respect
upon termination of his services,
to survivor benefits if he so chooses. In substance, it will permit the
oflirer to retire agai).
S e/ in H ~_ flcr2nplor/mt?nt (sec. 872)
this section adds it tie w section 872 to the act that sets forth the
limitation ott earnings of an annuitant who is reemployed by the
hederal Government. At present an annuitant who is reemployed
iu anv position in the Government, must forfeit his annuity during
the tune of such reemployment. Retired civil service personnel, on
the other hand, 11111V be reemployed in Go eruntettt service and
continue to receive their full annuity plus the difference, if any,
between such annuity itnd the salary of the position to which Up-
pointed. Officers and enlisted personnel of the armed services are.
subject to it variety of provisions which permit, depending upon the
ire u-rtst,uteec, benefits which range from deferral of retired ,)ay and
receipt of full 'r+.larv to the receipt of retired pay plus full salary.
Tile Mfvct of the pies'+ut prohibition of reeniploytnent of retired:
horei~n tierviov oflirc?rs retired for age make, it difficult for the
(~o~ernntent- to conrprte with private industry in availing itself of
,U(, services of retired officers. Many of them hive tit(, experienc.c,,
bac?kgroun;l, and ability that would be of great value to the Govctrn-
ntent.
I'ndcr the 4>r?ovisions of this section a reemployed annuitant -uay
receive the salary of the position to which he is appointed plus such
a portion of his artnttity as will make his total pay equal, during
any calendar year, to the salary hr war receiving at. the time of his
Section 41 amends section 871 of the act by allowing for the recoYn-
pute.t.ion of annuities for annuitants recalled, reinstated, or reap-?a
pointed in the Service. -It will permit' the use of additional years oX
service, up to but not exceeding 36 Years, as well as a higher' salary
rate in recleternlining Iris annuity. It will also permit the" annuitant
'
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36 FO:{EIG\ S lt1'ICE ACT AMENDMENTS OF 14180
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retirement. from the Foreign Service. , in many instances there will
f b
a saving 1n the retlreinent tuna during the tune of such
reemplo
meat because the employing''a nc~? v~1l ,pay the f>ll' amount:bf the
salary .ot the position to which the Iffiitant yt a
ointed ;"r
tl
+
r
pp
e
s
i
.than only a portion of it as is :the ease der? the ivi~ Service'
, meta,
Act). If the salary of the'.raefnployed .'auitant regitals ort
eXieeds his former salary as a participant, he would receive no annuity's:,
payments during the period of employment.
The following table compares cases of reemployment of annuitants
under the Civil Service Retirement Acvand under the Foreign Service
Act as amended by the new section. 872.,
Salary at
time of re-
Annuity
salary at
which le-
employed
its Federal
ateucy
Reaelves
in annuity
Rew v
In salary
Combtriefl
salary
annuity
Foreign 8ervlae annuitant:
-----------
( ).----------
(B)?----------- --
Civil servloe atutuitant
$1 4. OO)
14, 000
18.00(1
8.000
$10.000
15, O(YI
$4 Wo $10.000
None MOW
1114.000
15.000
(C)
------------ --~
l')
8.000
14 olio
13, 00(,
$ tno 2.000
8, 00(1 7, OW
10.000
15.000
I Not pertinent,
- -- -- --------
Section 43. Votuntar?/ contributions (sec. 881)
The aineridtnerrts made by this'section to section 881 of the act
provide for the. compounding of interest and the keeping of records on
a calendar-year basis instead of it fiscal-year basis its is now required
by'existing legislation. The latter basis has necessitated a separate
system of recordkeeping involving 6-month reports from Foreign
Service posts on contributions to the Fund and a separate system for
the compilation of retirement deductions. The changes made by this
section are comparable to those made to the Civil Service Itetirennent
Act in 1945.
Section 44? Loan of household furnmhings and equipment (sec. 912)
This section amends the title and wording of section 912 of the tint
to clarify the authority of the Secretary to loan to officers ownin r or
leasing residences in foreign posts basic articles of furnishings, such as
divans, dining room furniture, etc. Savings in transportation costs
resulting from the furnishing of these heavy articles of furnishings at
the post can equal or exceed savings already effected oil such articles
as refrigerators. stoves and other appliances, which the Department
may now provide on it loan basis under existing law.
Section 46. Transportation of motor vehicles (eec. 918)
This section was requested by the Department for two reasons:
(1) to substitute the terns "motor vehicles" for "automobiles" and to
allo 'tratnsportation of motorcycles and motor scooters, and (2) to
authorize the transportation of replacement of motor vehicles when
such replacement is necessary for reasons beyond the control of the
employee and is in the interest of the Government. It does not,
authorize the transportation of motorboats. The frequency of trans-
)ortation of vehicles is limited to once every 4 years except where
repla ement is necessary for reasons f;t' vend the control of tl:e ofihc:or
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40 FOREIGN SERVICE ACT AMENDMENTS OF 1060
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(5) to provide that promotious leading to positions of author.
Iity and responsibility shall be on the basis of merit and to insure
44 selection on an impartial basis of outstanding persons for
euch positions;
(8) ,to provide for the temporary appointment or assignment
to the Foreign Service of representative and outstanding citizens
(7) to provide salaries, allowauces, and benefits. that will per.
';,mit the Foreign Service to draw its personpel from all walks of
'American life and to appoint persons to the highest positions in
the Service' solely on the basis of their demonstrated ability;
(8) to provide a flexible and comprehensive framework for.tbe
direction of the, Foreign Service in accordance with modern
practices in public administration; and
(9) to codify into one Act all provisions of law relating to the
administration of the.Foreign Service.
PART C-DEFINITIONS
Sac. 121. When used in this Act, the term-
(1) "Service" means the Foreign Service of the United States;
(2) "Secretary" means the Secretary of State;
(3) "Department" means the Department of State;
(4) "Government agency" means any executive department., board,
bureau, commission, or other agency in the executive branch of the
~deral Government, or any corporation wholly owned (either directly
,,r through one or more corporations) by the United States;
(5) "Government" means the Gov rnrnent of the United States of
America ;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" means all areas riot included in the continental United
States as defined in paragraph (6) of this section;
(8) "Principal officer" means the officer in charge of an embassy,
Iegation, or other diplomatic mi;i5ion or of a consulate general, con-
sulate, or vice consulate of the Uuitod States; and
(9) "Chief of mission" means a principal officer appointed by the
President, by and with the advice and consent of the Senate, to be in
charge of an embassy or legation or other diplomatic mission of the
United States, or any person assigned under the terns of this Act, to
be minister resident, charge d'affaires, commissioner, or diplomatic
agent.
TITLE 11--GOVERNLNG BODIES FOR THE DIRECTION
OF THE SERVICE
PART A-OFFICERS
Sxic. 201. The Service shall be administered by a Director General
_.1 the Foreign Service, hereinafter refarred to as the Director Gen-
eral, who shall be appointed by the secretary from among, Foreign
Set -ice officers in the class of career minister Jr ;in class 1. I?r.ddEar t}ne
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FOji1,:f :\" 11;R4'li,E ACC lll:tii)'fE:^:TS OF 1960
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QPA~DQQ ~auld be
or employee or .m in tile interest o 1~t~Txr^^?^
passed by the house in the Overseas urncrenuais a a
has not yet been completed.
1021)
tion 46 Gifts (sec
S
.
.
ec
t is for the purpose of mAlatagtet tts0 '
to th
e ac
This amendment
of gifts to the Foreign Service. Under present authorityr onl ~rrei t {
Service personnel may benefit. It is. deemed justifiahie to ` ,roaden
this to include departmental people other than those in the-Foreign
Service. For example, the Ford Foundation recently made,. a grant
to the Service for African language and area training. It would be''of
great advantage if others dealing in this field could avail themsel'es
of such specialized training.
Section 47. Amendment to act of Avglist 1, 1956
This section amends section 11 of the 1956 act by authorizing the
chief of mission to approve the use of taxicabs in addition to Govern-
nlent-owtled vehic.Ie.s for the transportation of Government employees
from their residence to the office and return when public: transporta-
tion facilities other than taxicabs are unsafe or unavailable. At some
posts the usual types of publir Iransportation are drastically reduced
or inoperative during nighttime hours and taxicabs are the only
satisfactory transportation available. Personnel using such vehicles
ii not be reimbursed. As a result Government-owned vehicles
ioust be operated by Governnieut-etnploycd chauffeurs during the
night. liours exclusively for the use of a srosll ii tether of U.S. Govern-
nterit employees including Marine guards. The cost of maintaining.
this service is not justified by the nun)t)er of lr.ople transported.
Sv ct iurt ,'S. I..rcl'wsioo from. gross ineon,c of row pt nxat o n for injuries
ctnd sickr,t,s
'hitiq section amends paragraph (,4) of secttort I04(a) of the Internal
Recr'nue ('ode of 1954 to exempt di tbititN tmuuities under the
F (,rt': n Service Act of 1946 from Federal ir:r?onte tas. This is III
keeping with provisions relating to disability :uiliuitie. pavahle by
tlit Bureau of F.nrplovt'es' Cornpensation. The toutmittee lras been
advised by the Department that this amendment to the Internal
Revenue Code has been approved by the Internal Revenue Service,
Treasury Deaartwent.
Sret".in 49. Repeal of ccrtain section of the Foreign Service Acl
This section repeal; certain enumerated sections of the Foreign
Service Act of 194fr, as amended, because they have been superseded
b other provisions in this bill or are obsolete.
Stale t 50. lirut?statem(nt to thi' torvtgrt Srrr,-
't'ht' '. etiou is a teat rorary provision. It would perinit a person,
who was appointed by the President, be and with the advisce and con-
(if tin Senate, at the time that he was an active Foreign Service
officer to a position in the I)epa.rtment acrd who during his incumbency
wits retired mantlatorily as a Foreign Service officer, to be reinstated
as u Foreign Service officer. '1?;tis provision is applica.ble only to a
jterNoW Who at the present tinrr oct-upies such it position in the Depart-
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mont. Other unlei i dments to the act.'ationtained in this bill would have
obviated the requirement 'Of n ndatimry retirement Of _suchl pa i r
Section 61. Applicability of estg ' Jtrtd ro1t
This section is necessary a~ T 1 l 're
r~causo na ibis
completely all regulations ;and. Executive' orders ..now, affecting
Foreign Service before the effective date o'f the avt? 1W"Itli6titi. a ptW
lion such, as that contained in this iectioh, there Might. be a quotip
regarding the continuing effect of some of?thts' ulations.
Section 62. Special croup of Foreign Servi Re4ehe` officers
h
is sectioii is a terutwrr y provision t iris!((' Lae retenLtoli jlo a
,,. , limited time of 44 indi%?idll s who wire appoin ed Foreign Seriiee
Reserve officers in Ow period .`ep.tenil)et 1;, I h58, `tt .Dccemb(,r 3 1, 1958.
All of then) lied. 1)wen taf -employees with many Fears of vlilh 61e
service to Iheir credit. They aeerpted Foreign Se1'vtce` Reserve bTrer
uppoiiitmeuts ut the eneouragonwnt of the l .ipart.nicnt of :Mate,
tiuch appointor tints tiro Ior a tmixunRrri lieritxl:of ~ years. This section
vIli insure that (,Less officers will not be e )Etrated before t}1e1T e?;n-
pleie their tippoinc.inrnts whie}i?run to the ~attti4 pair(, of I9(ia. The
only exeei,t,.:,os ore.(!) itttaitnnient of age 70 befate [ice expiruition of
their upti,>intnu'nt. ,lr (2) reniovaEl for ulisnti;fawtor.,-peiforii)Eince of
dub, rni;,ronc}uct. or niaifeasaue, ill ' ltit?i citse the. arc' entitled to
a }l'uril+tr, at u hull I he charges; must. be established
.5'rc?tfntl ;53 I' fjec?tirr date pf amen 1mc-rit.Y 1mma.'lo blpt.lrt hi!!
t'Li5 sort ien specifics the effective dates of the prctv-i~Zions of this bill.
I' Oi','.,!e,! '?n.'t .,1 p' >t.o O! bill, .ti. ~~?.3, prrp irr'I !+,' /)t p.rr'.., +,I ... .S(nt.?
:;.I,;-, gin, c?v I>ci4v,;+??n' 1, ~ruul ..u.i tr.~i.,, k?
n... ,.. , _' Inu~r.c, .- ., :u, ut I,"ti'acn .L.-n;1. i t., i \?r.,n.
..~ ,. it V,n~. ?,1 t}~~., I rug t i :.r i..,, rr,ido?. r.. ..,. . ~~ i ,
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Approved For Release I 999/08/2?'-"CIA'=RbPn b3Y2'i'iAdt d4db02`6b03-1
In-et~nq)llnttce ~t 1t K:c:~li, o~te'1~ tf xlte;R~tlcs# f t~'al
by die tiena tt , arcs rtl tlr tt tis Pt~lloij ~ ~ l tttrltl l ,??Itlt1* i~si>~it I
ornittetl IS en(AOSA'tt 111 t)tt.CK t)tIt K13t,5,`:}iNtt' It1aLGer is pun ct IV
t .il t11ig Iitk ill ' 11X11 t1O Y ltltlt -0 B` ~` >q ({ ~fit9{i~l riT Hi 1i)Iltkl~
Foreign Service Act of 19.16, M Amended' ..r?~
Texl of Public Law 724, 79th Gong. {.1 :1 t6967 60 Stat 999 approrod A,uA?at
13, 1946; as arnclyded by I':L. 73; 81st tong. 1S. 1704. 63 :;tat. 11 ~$ayy 26.
1949; P.L. 160, 81st Cone. )11.U. 51001, 63 S1at.40 .July 6, 1949, P 8; 83d
Cong. fII.R. 9910), 64 Stat. 1061,'Auguttt 31, 1964; P.L. 22,.84th'Cptf (P1.Yt.
4941). 69 Stat. 24 April 5, 1465; P.L.?50, 84th Cong. [S. 22371, 40'8tat: 636.
AugttMt 6, 1966; P.L. 7211, 841h Gong. [Wit. 113561, 70 Stat. 555, duly 18 .1966;
P.L. 828, Stth C'ong. 1,~;. 3it'1), 70 Stat. 764, July 28, 1956; P'_ L. 8G-4621.& 734),
72 Stat. 203, June 20, 1958; and P.L. 85-477 [R.R. I2181), 72 Stat. 261;'June
30, 1958.
AN ~t"t To iitr',~, Irel,.gthen, anti eal)sutl the 1'or,iun 5vr.vice of the United
Mates .uni (1' ct ilfUliii,tt? aliil FUVise the lawn relating 10 it, ildmini$tratiou.
Be it en,rcl,'d by 'lP :'. suite and 11r,u5r- ~.( 'r pr,^senttlt..~z're i)f the
,ti'leZte,? ,i _IGte !;iti in (011y!'C,ib 1i.5:.t )al?-rt;;
"1.1.1'} I': 1 til1t)II"t' TIT],,E, OB.rI:.r'r)VI S, A,ND
I.)EFINLTIO_ s
A
lu 1,10'?, 1 its .' , irc10,1v t . of tl)i= Act rrm.V hc. cited as the
?\;?t -if 11141
~!. t . )'i1 ('u;t;,r,"?.; Ii,~ti-l)v d1',Jsue),< ,iui tli~ ohjt'rtitrta of th.o
e
up ,united
s . FR UI nPr tti ar ]at
ah ~, o& d1ivt~ t 't a ~3f ct lid x> ~' ": t5>oiif tfin ?t?_ ' "1
'e~dditiodiil sorQiaes to the ~1etarttrierilt""' bis?'t,he S?cretr$rv~mav r~,i~"ii
ekeisss"of thifty days, evclttsive bf e#00 nt in trattstt.f an jar Ruth.
d
u
dittnnau period as may be aeterm2 O/ 'the Secfetary, but in.'io
case shall such additional pericid exceed cftu day:4, including time slifet
in transit. During such perind'the % etattij'ma', regnire him to render
such service as he may deem necessary i n,the intere?,tx of the Government.
(c) Duriti the service of a Foreign Service officer as chief of inis-
lion lao shall receive, iia addition to ,leis salary as ' Foreign Service
officer, compensation equal to 'the difference, if any, between sveh
salary and the salary. of the position to which he i.,; appointed or
assi wd.
OTHER OFFICNRS AND EMPLOYEE
SEc. 432. (a) Under such regulations as the S,?(~re.taary maa.y pre-
scribe, any officer or employee alrpoillted to the Sir- we rna( be entitled
to receive salary from the eti'ective date of his appoi :tlnent. to the date
when he shall have returned to his place of residence. n t the euric.lusion
of the period of his official service, or the ter;niuation of time spent
on authorized leave, Whichever shall 1,e later, but iio such ((dicer or
employe shall be entitled to receive salary while ai;ent from his post
whenever the Secretary shall find that site]] at)F"?Ii(.e was: without
a.uthori:;attion or jubtilicatJIM .
(h) A horeitni Service officer, appointed Burin. n recess of the
Senate, shall 1,,t- paid Kalary from the efftictive. date of [its aptwiiixrnelit
until the and cif the next, session of the Senate, if he has:; Iiot. tl~'I ?tofore
been conlinned by the Seuatt., or until his rejecti on l,~~ tit" :~'nate
J ore the end of its next :ie-.,ion.
(c). A Foreign Service officer promoted to it luprher class shall
receive salary at the rate prescribed in section 412 for the. clas' to
which 1w is promoted from the effective date of his appoiit ttu(?nt to
such class. A Foreign `?erviev ?officer promoted to a higher class
during a recess of the Senate shall receive salary nt. t Ii(; rate prescribed
for the class to which he is promoted from Itic '11rtive (lairs of his
appointment to such egos until t1w end of the ne;.i -easion. if the
Senate should reject or fail to confirm the pronution of such 2111
officer during the ~CnF Ufoiluwlllg the dalte of li i_: l)rO1 ( tlutl, the
Foreign Servi(:e olfia er sli>ill. uuless 10' ha; lrecnne 11:a1>le to.,epnratinn
in accordance with the r"roviAliorif of section ti:{a, he autonifitrt-ally
reinstated in the class; fr.un which lie was, promoted and reecivc the
salary he was rece4vinfr prior to his promotion, such reilistutement to
be ef1artive~, in the event of rejection of Lite noniinntion, from the (late
of rejection; and in the event of the failure of the Senat-c to act on the
Iaonlination during tha tae:,sion following a proinot,iori, from the
t(,rinination of that
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Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020003-1
PART E-4 ABSmck+jo~r y'y
Miec. 44f. tinder "dfctir zrti
l lfb
b - }l a ;+
r
,
,,,.,~,
tafy, AhA1l`'classify hf t5o ftloilefifi?tt#tl rvic~`: i$ i cliWtifliN rs? ,r:
allocate -all-
occupied or to be oopupl " by `stitE
-lamss
lu
toc
rs
d <
b
l
`
e
p
ye
o
an
su
c
aeeea
tstablishcd' by septiofi.415 aj
442, rospeetively; and by alieo r~Ii(pl es'~Liitl consulaf fte'to"si*d
doses-am map be established by ation13'
pasxtu)ns to the Berner at post? abroad,' ezclnding positions to be occupied
by thief,; of ini&ion., and to the case of those occupied by Foreign Service
q)j hers, R ,serrc opt erg', and staff oJ(cers and employees, he "shall estab-
1241d such po, i1tion8 in relation to the claesws established by srctimas 41f
414,-and, 415, r?espectirel?t. Positioiu occnpierl by alien employees anci
consular agents, reelrc?ctir:ely, 8hall be allocated to such classes as thee
Secretary may eQtablish. by regulation.
(b) L nder ,mch. rertrmlations as he may prescribe, the Secretary may,
notivlWarulirdq the prorn,io'ns (f the Classiiication Act of 1949, as
amended (5 1 .S.C. 1(A1 and t4 following), elassif ,i positions in or
under the 1)rpart>nerdt which he designates aE 1?'orett rd Sr1^tnee p Weer
oQions to be occupied by q(ficere and employees of the Bernier, anal estab-
i. h such' positions in relation to the classes csta!ilished by sections % ,
414, (Ih.a .1'15.
CLASSIFICATION OF Pb31TIONS IN TXE FOREIGN BSRVrC)F AND IN THZ
%
'. Dls'PA1tT,lCENT
Ste. 41,,! :. (a) Under such regulations` as he may prescribe, and ?in
order Co . facilitate elfertive management, the Secretary Shall 'dm*ify all
(AI)RTINIE,T1tATIVE ESrARLISIIMEN'r OF NEW GROUPS (fl' FOR
FOREIGN SERVICE STAFF OFFICERS AND FM!' }Y1Es
[Svc. 14`2. The 5ecx t.ary nuty, whenever lie dc.eius sucb action to
bu
in the interests of.good tulininiIit.ration and warranted by the nature,
of Mlle duties and responsibilities of any group of positions occupied
or to be occupied by atfiF officers aid entployee8 in comparison with
other positions in the xaii e class, establish by r ulatieii f?r any such
group of itions a Itlininlurn FELlEtry eonlpllte(1 tit any e)lle of the
rate"i of ;nJary rthove the niininnulu for a givel1 c'la_ss but lu.t in excess
of..,the. neid(flA ]?114c'. pros jdcd for that class III scc'ti..r.n 415. 1iuch gc'uu )s
of positions shall, for the purposes of this- Act, be. l:ntw,'n as sub-
C1 HSSe~,
ADial L~iY'li.AT1V} I':STA]iLlS1th1ENf 0r SALARY Me. I.. ILL::LN IA A1,11*
SI:c. 443. The Pt 'sidelnt may, under sucks r(:guiitiulls tl he may
prescribe, establish rate of salary differential, not exceeding 25 per
centun) of basic salary, for Foreign Service officers, ltest'rce, ofhetrs,
and Staff oflicery tnd enll)loyees assis,ned to posts invols'ing ''xtraor-
dinaril}- difficult. 11'.i11s conditiuris, ",Nr't'ssive 1,112"sical 1;tlrel~~llil. or
l;(,I~l:~l. ~tlitu~tl(tl;l!.( ~:rli~litic~:~ '('(u llea of e
($>~10 K ~(e-)~tJpoan th%
kl aie of.W~e claesificatt+ oY
agencies are authorized to administer alien employee programs in accord-
ance with the applicable provisions of this Act.
of ?oaitimt3 in the -locality, to the extent consistent with the public interest.
Sec. 444. (a) The Secretary shall, in accordance, with such regulations
as he may prescribe, establish compensation plans forilien employees of
the Service: Provided, That such compensation plane shall be based upon .
prevailing wage rates and corn ensation practices for corresponding types
COMPENSATION PLANS FOR ALIEN EMPLOYEES
SEC. 445. Upon the basis of the classification provided for in section
441, the Secretary shall, with the advice of the Board of the Foreign
Service, from time to time prepare schedules of salaries for classes of
positions of consular agents, which classes shall be established by
regulation, and shall allocate all such positions to the appropriate
classes.
[EXEMPTION FROM THE APPLICATION OF THE CLASSIFICATION ACT
[SEC. 446. Title II of the Act of November 26, 1940, entitled "An
Act extending the classified executive Civil Service of the United
States" (54 Stat. 1212: 5 U.S.C. 681), is hereby further amended by
deleting paragraph (vii) of section 3(d) and by substituting in lieu
of the present language of paragraph (vi) of section 3(d) the follow-
ing language: "Offices or positions of officers and employees of the
Foreign Service".]
ADMINISTRATIVE ESTABLISHMENT OF HAZARDOUS DUTY PAY FOR CERTAIN
CATEGORIES OF OFFICERS AND EMPLOYEES
SEC. ,46. The Secretary may, under such regulations as he may pre-
scribe, establish rates of salary differential, not exceeding 15 per centum
of basic salary, for o * fficers or employees of the Service while they are
assigned for duty as couriers.
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111R1:1GN SERVICE: ACT AMENDMENTS OF 1080
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TITLE V---APPOINTMENTS AND. ASSIGNMENT
POLICY
in far nounfa'
~t~s ahal~' ' to mum icab
,
their quail ficattmla, a u8ef knozdedfle of dhs princi la
-,
dialect of the country in whi4,they,are; to serve, acid - kne e
umtiti or any
other Act. lie may be transferred from one post to another by'
y order
of the Secretary as the interests of the Service may require.
CITIZENSHIP REQUIREMMENTs
Sec. 515. No person shall be eligible, for appointment as a Foreign
Service officer unless he is a citizen of the United States and has been
ADMISSION TO CLASS) S I TO 7, INCLUSIVE
Sec. 517. [A person who has not sr~r t.d in ci;)-s s]?A person It-ho
has not been an oir.t