AMENDMENTS TO THE SO-CALLED 'ROLE OF THE AMBASSADOR LEGISLATION' AND THE DEFINITION OF 'CHIEF OF MISSION'

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700080016-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 16, 2016
• Document Release Date: July 18, 2005
• Sequence Number: 16
• Publication Date: November 20, 1978
• Content Type: MF

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OLC: 78-2002/20
20 November 1978
MEMORANDUM FOR:
FROM:
SUBJECT:
REFERENCE:
Chief, Legislation . aff, OLC
Amendments to the So-called "Role of the Ambassador
Legislation" and the Definition of "Chief of 1M11ssion"
State 287301, 110246Z November 1978
I. 1I P.L. 95-426, the "Foreign Relations Authorization Act, 1,'i:-;cal
Year 1979" was approved by the President on 7 October 1978. Two sections
of that law relate to ambassadorial responsibilities. Section 116 amends the
definition of "Chief of Mission" in paragraph (9) of Section 121 of the Foreign
Service Act of 1946. Section 117 amends the so-called "Role of the Ambassador
Legislation" (22 U.S.C. 2680a) by substituting the term "Chief of Mission"
for "Ambassador" wherever the latter te:~rn appears. (Sections 116 and 117
of P.L. 95-426 are attached at Tab A.) Reference cable, State 287301,
provides a Department of State explanation of Section 117 of P.L. 05-426
(Tab B).
2. II We considered the amendments cited above during our
work on this bill (lI.R. 12598) last summer and earlier this fall, and
determined that the amendments were not objectionable, particularly given
other serious problems in the bill. This determination was based on the
fact that the changes were intended essentially to clarif y--not change:--
the Role of the Ambassador Legislation to make clear that any individual
heading a U.S. diplomatic outpost is entitled to be considered and treated
as an Ambassador, even if that person, because of the nature of the U.S.
presence, is not an Ambassador per se. In other words, even though
the person heading the U.S. presence in such locations as Hong Kong
or Peking is not an Ambassador, that person is the ranking U.S. official
and should be considered as such.
3. 0 There are several relevant aspects of the legislative
history on these provisions:
a . The House version of the legislation amended the definition
of "Chief of Mission. The report of the [louse Committee on International
Relations states that the amendment is intended "to include the head of any
STAT
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U.S. office abroad which is diplomatic in nature, such as the U.S. liaison
office in Peking, ... and the independent reporting Consulates Cleneral irr.
]:long Kong." The report goes on to note that thi : change is intended only
"to clarify the authority of any individual heading a diplomatic outpost...
whether or not that individual is an Ambassador" (emphasis added). (See
pages 26-27 from the House report, at Teb C; the earlier definition is at
page 506 of Tab I.D . )
b. The House bill also substituted "Chief of Mission" for "Ambassador"
in 22 U.S.C. 2680a. The language from the Rouse report concerning this
amendment (pages 32-33 of Tab C) is quoted in reference State cable,
attached at Tab B. If any of the legislative history is problematic, it is
this language, which could be construed as requiring that any person
,
serving even temporarily as the head of the U.S. diplomatic outpost (e.g.
a DCM when the Ambassador is on leave) must be treated as the Ambassador
for purposes of 22 U.S. 2680a.
c. The Senate version of the bill did not amend the definition of "Chief
of Mission" but did amend the Role of the Ambassador Legislation (22 U.S.C.
2680a). The substantive amendments to that statute, relating to responsibilities
to keep the Ambassador informed, were subsequently dropped. The arnend-
ment changing references to "Ambassador" to "Chief of Mission" in 22
U .S . C . 2680a remained in the bill. The Senate report, however, makes
clear that this is a technical amendment. In other words, the amendment
was not intended to change the substance of 22 U . S . C . 2680a--what must
be reported to ambassadors- -nor was it intended to expand the reporting;
rather, it was intended merely to clarify that the person actually heading
a U.S. diplomatic outpost should be considered an Ambassador (Tab E).
d. The conference report deals wit-i the change in definition of "Chief
of Mission" simply by repeating much of the language in the House report
on this provision, since the Senate bill did not amend the definition (see
page 49 of the conference report, at Tab P'). On the matter of amending
the Role of the Ambassador Legislation, the conference report notes
that the "notwithstanding any other provision of law" language was dropped
at conference (page 54 at Tab F) . Since i}oth the House and Senate bills
contained the identical provision substituting "Chief of Mission" for
"Ambassador" in 22 U.S.C. 2680a, this was not an issue at conference
and consequently there is no conference report language on the matter.
In summary then, as regards sections 116 and 117 of P.L. 95--426:
(1) the House report contains language supporting the positioh that the
language is intended merely to clarify the ambassadorial-level status of
Chiefs of Mission, but also language that could be construed as requiring
that lower-level persons have a right to "22 U . S . C . 2680a information";
(2) the Senate report notes that the definition change is merely to clarify
and that the change of designation in 22 U . S . C . 2680a is merely a
technical change; and (3) the conference report reflects the House
language on the definition change and is silent on the 22 U.S.C. 2680a
language change.
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4 The le illative history on the matter raised in reference
State cable is not dispositive of any questions that might develop as regards
interpreting the requirements of 22 U.S.(;. 2680a. A good case can be
made that the change in definition of "Chief of Mission" and the substitution
of that term in 22 U . S . C . 2680a, considered as a whole, are intended
(1) to make absolutely clear that the head of a U.S. diplomatic outpost
where there is no "Ambassador" is to be treated as an Ambassador, and
(2) to make clear that a person acting as the Ambassador, even temporarily,
in fact possesses "the authority to act in the absence of an Ambassador"
(see final sentence of reference cable at Tab B).
5. 0 More importantly, it must be remembered that
22 U.S.C. 2680a is prefaced by the "under the direction of the President"
clause; this would be relevant for purpose s of interpreting the Ambassador"
to "Chief of Mission" language change just as it is for resolving problems
that have arisen heretofore.
6. II We will be glad to discuss this further, and OLC stands
ready to assist in drafting an explanatory cable to the field.
Attachments:
As Stated
Dist.:
Orig-Addressees
1-OLC Subject
1-OLC Chrono
OLC_mlg (20 Nov 1978)
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PUBLIC LAW 95--426---OGT. 7, 197I.: 92 STAT. 963
Public Law 9526
9t1ongxess`a
--? -- Oct. 7 1978
To authorize appropriations for fiscal year 1979 for the 1;epart~nent of State, 7____
the International Communication Agency, and the Board for International [H.R. 125981
Broadcasting, to make changes in the laws relating to those agencies, to make
changes in the Foreign Service personnel system, to e:Ublish policies and
responsibilities with respect to science, technology, and A.ierican diplomacy,
and for other purposes.
Be it enacted by the Senate and House of Behr, esentatiNe.s of the
United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the "Foreign Relations Author-
ization Act, Fiscal Year 1979".
TITLE I--DEPARTMENT OF STATE
AUTHORIZATION OF APPROPRIATIONS FOR FISCA?., YEAR 1979
SEc. 101. (a) There are authorized to be appropriated for the
Department of State for the fiscal year 1979 to carry out the authori-
ties, functions, duties, and responsibilities in the conllrct of the foreign
affairs of the United States, including trade negol iations, and other
purposes authorized by law, the following amounts:
(1) For "Administration of Foreign Affairs", $849,118,000.
(2) For "International Organizations end Conferences",
$412,826,000.
(3) For "International Commissions", $20,778,000.
(4) For "Migration and Refugee Assistance", $116,5:16,000.
(5) For increases in salary, pay, retirement, and other employee
benefits authorized by law, and for other nondiscretionary costs,
such amounts as may be necessary.
(b) Amounts appropriated under this section are authorized to
remain available until expended.
(c) Funds authorized to be appropriated for the fiscal year 1979 by
paragraphs (1) through (4) of subsection (a) may he appropriated
for the fiscal year 1979 for a purpose for which appropriations are
authorized by any other of those paragraphs, except that the total
amount appropriated for a purpose described in any of those para-
graphs may not exceed by more than 10 percent the amount specifi-
cally authorized for that purpose by subsection (a).
Foreign Relations
Authorization
Act, Fiscal Year
1979.
SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1078 FOR INTERNATIONAL
ORGANIZATIONS AND CONFERENCES,
SEc. 1.02. Section 101(a) (2) of the Foreign Relations Authoriza- 91 Slat. 844.
tion Act, Fiscal Year 1978, is amended by striking,, out "$389,412,000"
and inserting in lieu thereof "$426,687,000".
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PUBLIC LAW 95--426--OCf. 7, 1978 92 STAT. 969
(b) (1) Paragraph (9) of section 5314 of title i , United States Code,
is amended by inserting "and Under Secretary of State for Manage-
ment" immediately after "Programs".
(2) Paragraph (10) of section 5315 of such title is repealed.
(c) The amendments made by this section shall take effect on
October 1, 14,78.
ASSISTANT SECRETARY OF STATE FOR INTERNATIONAL NARCOTICS
MATTERS
SEc. 115. (a) There is established in the Department of State, in
addition to the positions provided under the first section of the Act
of May 26, 1949 (22 U.S.C. 2652), an Assistant Secretary of State for
International Narcotics Matters, who shall be appointed by the Presi-
dent, by and with the advice and consent of the. ienate. The Assistant
Secretary shall be responsible for the overall coordination of the role
of the Department of State in the international aspects of narcotics
problems. -
(b) (1) Section 5315 of title 5, United States Code, is amended by
adding at the end thereof the following iiew parag,iaiph :
"(122) Assistant Secretary for International Narcotics Mat-
ters, Department of State.".
(2) The amendment made by paragraph (1) of this subsection shall
take effect on October 1, 1978.
DEFINITION OF CIXIEF OF MISSION
f?C
Paragraph (9) of section 121{of the Foreign Service Act
of 1946 (22 U.S.O. 802 (9) ) is amended by striking out "or diplomatic
agent" and inserting in lieu thereof "diplomatic agent, or the head
of a United States office abroad which is designated by the Secretary
as having a purpose diplomatic in nature".
RESPONSTBrUTTES OF A CHIEF OF :Nr_!8,;1OX
SSE, C. 117 Section 16 of the Act entitled "An Act to provide certain
basic authority for the Department of State", approved August 1, 1956
(22 U.S.C. 2680a), is amended-
(1) in paragraph (1) by striking out "Ambassador to" and
inserting in lieu thereof "chief of mission (a=, defined in section
121 (9) of the Foreign Service Act of 1946) in"
(2) in paragraph (2) by striking out "Ambassador" and insert-
ing in lieu thereof "chief of mission"; and
(3) in paragraph (3)-
(A) by striking out "Ambassador to" and inserting in lieu
thereof "chief of mission in"; and
(I;) by striking out "the Ambassador" and inserting in lieu
thereof "the chief of mission".
DETAILING OF STATE DEPARTM mNT PEESONNEL
SEC. 118. Section 11(a) of the Department of State Appropriations
Authorization Act of 1973 (22 U.S.C. 2685 (a)) is amended---
(1) by striking out "ninety days" and inserting in lieu thereof
"one year"; and
(2) by adding at the end thereof the following new sentence:
"Officers and employees of the Department. of State who are
detailed, assigned, or otherwise made available to another Execu-
Repeal.
5 USC 5315.
Effective date.
5 USC 5314 note.
Effective date.
5 USC 5315 note.
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Next 1 Page(s) In Document Exempt
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3JTIY CONGRESS
FOREIGN RELATIONS AUTHORIZATION
ACT, FISCAL YEAR 1979
REPORT
OP
COMMITTEE ON 'I;RNATIONAL ,
RELAI.T.':lOiv'S
[INCLUDING COST EsTY>(AT~ U('TIY .3;OYGILISBIO I1I.Bu l'OFk'ICI1]
TO AUTHORIZE APPROPRIATIO_Y;l FOR FISCAL NEAR 1070 FOR
THE DEPARTMENT OF STATE, THE INTERNATIONAL COM.
MUNICATION AGENCY, AND TUN BOARD FOR INTERNATIONAL
BROADCASTING, TO ,1LkKE CHANGES IN THE LAWS RELATING
TO THOSE AGENCIES, TO MAKE CHANGES IN THE FOREIGN
SERVICE PERSONNEL SYSTEM, TO ESTABLISH POLICIES AND
RESPONSIBILITIES WITH RESPECT TO SCIENCE, TECHNOL-
OGY, AND AMERICAN DIPLOMACY, TO ESTABLISH A COMMIS-
SION ON PROPOSALS FOR A CENTER FOR CONFLICT RESOLU-
TION, TO ESTABLISH AN INSTYTCITION FOR INTERNATIONAL.
HUMAN RIGHTS, AND FOR OTI LIAt PURPOSES
MAY 15,1373.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
U.S. GOVI:RNASENT PRINTING OFFICI:
29-COB WASHING O' : 1078
IIOLSE OF REP SENT l'I~' ~a; ~o11GQ
~'ws
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26
The committee has provided the full amount requested by the execIi-
tire branch for a supplementfl authorization of appropriations for
fiscal year 1978. The additional authority is expected to be ised for
the following purposes: $78,000 for the Board to pay increased cozn-
pensation, to meet higher administrative support costs and to:irnprovo
evaluation of RF +'/ItiL progr.tras; $10,390,000 for grants to RFE/RL
to offset the devaluation of the dollar beyond the amount provided
in the foreign currency deva oration fund, to meet past obligations
deferred from fiscal year 1977 because of unanticipated expenditures
in that year, to pay higher utility costs, to further improve retire-
ment plans as a part of the consolidation of RFE and RL and to meet
higher than anticipated labor (,,o ;ts in Germany and Portugal.
The committee expects that; the 1978 supplemental authorization
will permit the discharge, of a?l prior obligations and place ItFE/.FL
finances.on a sound current footing.
Section S03--Composition of the Board
Sections 303 (a) and (b) amend the Board for InternationalBroad-
casting Act of 1973 to snake the chairman of the Board of Directors
of RPE/RL, Inc. an ex-officio, tton-voting, member of the Board for
International Broadcasting i.n )tcad of the chief operating o?eer of
the Radios. The committee is hopeful that this change will in- re a
close and effective working relationship between the Board for Inter-
national Broadcasting and the corporate board and management of
RFE/RL, Inc.
Section 30!-Representational ea;penses
Section 304(a) amends the Board for International Broadcasting
Act of 1973 to clarify the authority of the Board directly or for the
use of RFE/RL, Inc. to use funds for representational expenses not
to exceed $65,000 each fiscal year.
Section 301(b) limits the effectiveness of the authority granted
under section 301 to funds appropriated after enactment of H.R.
12598.
Section 90-5---Technical amendments
Sections 305 (a) and (b) coirtain technical amendments to the
Board for International Broadcasting Act of 1973 to reflect the con-
solidation of separate entities for Radio Free Europe and Radio
Liberty into RFE/RL, Inc.
Section 806--Use of broadeastinq facilities by Communist countries
Section 308 amends the Board for International Broadcasting Act
of 1973 by adding a new section prohibiting the Board from pro-
viding assistance to RFE/RL, Inc. if RF.E/RL, Inc. permits ally
casting facilities on a comparable basis. The section defines a Com-
munist country permits RFE/RL, Inc. to use that country's broad-
ca,stin, facilities on a comparable basis. The section defines a Com-
munist country in accord with the meaning set forth in section 6-??0(f)
of the Foreign Assistance Act of 1961.
TITr,}; rV----}vRi:rGN SEn ICE AND OTHER PEPSO.N Nrr,
Section 0 --.. U n ti o ch.iet o gi s o?t
Sectzoz lQ ,pln .
hw w.>
ds the del n ition--o#
the read of an U.S office abroa hick is
( _di ~Ir tic Qn gluco.
< .~ ter., y 1 i l nature such
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as tIi?, T?_,S. liaison office in Peking, the U.S. interest section in
tho
Swiss-Embassy in. Havana, a:nd 1416 iifcl eetid~nt re or ui"ConsuMe
general an. Jerusa,.l~em, Belize, antLF1ong1ong By so doing, the com
miCt e intends to clarify the "autihority of any rndividnial heachng
chi Ioriiatic outpost of the United St tes~ iv ietl ei or nottlaat, ndi-
via isa~A
an
~nbs.dox,;..
itYq'Wttl.tft^.e.,nyM'4 t': -
n of selecting more modest led; lugs elsewhere that would he
current per diem limitations. T.liis section will correct this
- sl
i
th
l
y
n
e
aw.
As noted in the letter appended to
ti
sec
0114k) above, the If ouse Com-
mittee Oil Post. Office and Civil Service has advised this cor;nenittee':ha-
it; has ,no objection, from the standpoint of its jurisclictiorr over the
Civil Service, to enactment of this section.
Section 409 (b) makes section 400 effective October 1, 1-978.
tiection 410--die onsi.bilities of-a clue o mti.s
ec 110 siLi "t]e~f Q ~iA gio ~~ cc
L ~9 iA~z t'> hi
e tuneratron of responsibilities of t the.
he. heac of a U.S. rmssaon abr t
T1111re an S nib~ssaclor xnay he t ie C trfe:t of Mission, a Clneferf i1lr~ss o f
may not necessarily have the rank of Ambassador. Itr4rylr.ticewherr
the Lmbassarlor is away from his j~nst, or when there is sircan y irf
Ma psiti
oon.-,tire T7etrtty'_Clucf_r ltssa.s~.~...UeEiiii( t Chief, ca
issroon.
~7t is zrt21 to the foreign roliey i ite is of the United States that:
tiro person actual Ty char;e of _;j IT oatfc
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recognized as the chief U.S. reple utative, in the absence of an Lnt-
>a ~c nr he_ c i tug.. m.icle b 'y tl 1s section ensui es tfiat ucf`of
Mission, whoever that person isat any given moment, will possess Elie
hitl Grit y to yet in the a 7ence of an 4 m iassacTor.
Section.1111.---Detailed State Department personnel.
Section 411 extends to one year the maximum period an officer or
employee of the Department of State can be detailed to another exec-
utive agency without reimbursemez't to the State Department. It also
requires that, in such cases, the officer or employee shall not be counted.
toward any personnel ceiling, of the =t):epartrnent,
The effect of this section is to e paucl the program under which.
personnel of the Department of Stale ---and other executive agencies
are detailed between the Department and these agencies. This prac=
Lice provides personnel of the Department with wider experience in.
the functioning, of the U.S. Government and also provides for better
coordination between departments .Ind agencies working together on
given issues. In order to enable the Department to replace people who
have been detailed to other agencies, the section requires that officers
and employees so detailed shall not be counted toward any personnel.
ceiling of the Department.
This authority is provided to enable State Department personnel
to avail themselves of experience outside of the.Depart=ment which
will make such personnel of greater value, to the Department in dis-
charging its assigned responsibilities and provide to other agencies
personnel and skills unique to the Delrar?tment of State. It is not the
intention of the committee in gra.utieef; this authority that it be used
to detail State Department. personnel to increase the personnel or staff
of another office or agency for purposes not related to the adminis-
tration, organization, and conduct of -American foreign policy.
Section, 412,-Compensatory time off f o' 2)osts in foreign areas
Section 412(a) would permit. U.S- employees to be. granted com-
pensatory time off in lieu of premium pay for regularly scheduled
overtime -work in certain limited situ lions abroad. Present law pro--
rides for the granting of compensatory time off only for irregular
or occasional overtime work. This amendment would not deny to em .1
ployees any rights they now have to be given premium pay for over-
time work. It would permit them, in certain situations to elect com-
pensatory time off in lien of premium p>t.y if they so choose. .
Para raph (1) of the amendment contained in.this section applies
to employees assig ed to remote and desolate posts whose functions
are required to be maintained on a, snb:;tanally continuous basis. It
would permit employees ass- ;rued to such pasts an opportunity to use
accumulated compensatory time to travel to places which offer relief
from the harsh conditions of the T he. Sinai Field Mission is the best example of such a post at the
present time. If is situated in the demilitariicd Buffer- Zone of the
western Sinai Desert more than four hours' drive from the nearest
ponula.tion center.
Paragraph (2) of the amendment contained in this section..'-would
annly at pasts in foreign areas -there str cial local conditions make it
desirable for emnnlovices to se}bedule their wort, -reek on other, than-
the usual five 8-hour days. This would permit closer conformity to
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a foreign Se vice Act of 19=I6 as aineade
Public Law 79.72-1 [H.R. 6967), 60 Stat. 999; 22 U.S.C. 800 et seq., approved
August 13, 1946; as amended by Public Law 81-73 [S. 17043, 63 Stat. 111,
approved -May 26, 1949; P.I, 81.160 [H.R. 5100], 63 Stat. 407, approved July
6, 1949; Y.L. 822-233 IS. 10.18], 65 Stat. 672, approved October 30, 1951; P.L.
83-759 [H.R. 9910], 68 Stitt. 1051, approved August 31, 1954; P.L. 84-22
[H.R. 4941], 69 Stat. 24, approved April 5, 1955; P.L. 84--250 S. 2237), 69
Stat. 536, approved August 5, 1955; P.L. 84-726 [ILR. 113561, 70 Stat. 555,
approved July IS, 1956; P.L. 84-823 IS. 3431], 70 Stat. 704, approved July 28,
1956; P.L. 85-462 IS. 7341, 72 Stat. 203, approved June 20, 1958; P.L. 85-477
[H.R. 12181], 72 Stat. 261, ipproved June 30, 1958; P.L. 86-108 [H.R. 7500],
73 Stat. 246, approved July 14, 1959; P.L. 86-568 [H.R. 98831, 74 Stat. 296,
approved July 1, 1960; P.L. 86-707 W.R. 7758], 74 Stat. 795, approved
September 6, 1960; P.L. 5642:1 IS. 2633], 74 Stat. 831, approved September 8,
1960; P.L. 87-195 IS. 19531, 75 Stat. 424, approved September 4, 1961; P.L.
87-793 [H.R. 7927), 76 Stat 832, approved October 11, 1962; Y.L. 88-205
[H.R. 7S85], 77 Stat. 379, -ipproved December 16, 1963; P.L. 85-426 [II.11.
11019], 78 Stat. -100, approved August 14, 1964; P.L. 89-301 [11.R. 102811,
79 Stat. 1111, approved October 29, 1965; P.L. 89-308 [II.R. 4170], 79 Stat.
1129, approved October 31, t965; Reorganization Plan No. 4 of 1965 [30 F.R.
9353, July 28, 1965]; Y.L. 89-348 IS. 2150], 79 Stat. 1310, approved Novem-
ber 8, 1965; P.L. 89-504 [II.I1. 1-11221, 80 Stitt. 283, approved July 18, 1966;
P.L. S9-554 [1I.11. 101041, SO Stat. 375, approved September 6, 1966; P.L.
89-673 IS. 2463], 80 Stat. -2, approved October 15, 1966; P.L. 90-205 [H.R.
79771, 81 Stat. 632, approved December 16, 1967; P.L. 90--221 [S. 17851, 81
Stat. 671, approved December 23, 1967; P.L. 90--194 IS. 6331, 82 Stat. 810,
approved August 20, 1965; P.L. 91-201 [11.11. 14789), 84 Stat. 17, approved
February 28, 1970; P.L. 9t-231 IS. 36901, 84 Stat. I'95, approved April 15,
1970; P.L. 91-656 [ILR. 130001, 84 Stat. 1946, approved January 8, 1971;
P.L. 92-352 [H.R. 147311, 86 ;;tat. 489, approved July 13, 1972; P.L. 93-126
[ILR. 76,151, 87 Stat. 4.11, approved October 18, 1973; P.L. 93-475 IS. 34731,
8S Stat. 1,139, approved Oct .b'r 26, 1974; P.L. 94-141 IS. 15177, 89 Stat. 756,
approved November 29, 1975; P.L. 94--350 IS. 31652, 96 Stat. 823, approved
July 12, 1976; and by Public L-w, 95-105 [I-I.R. 66891, 91 Stat. 844,at 85.x, approved
August 17, 1977.
AN ACT To improve, strengthen, and expand the Foreign Service of the United
States and to consolidate and revise the laws relating to its administration.
Re it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I-SHOR'r TITLE, OBJECTI'VIES, AND
1)EF'INITIONS
PART E1----SHow TITLE
SEC. 101. Titles I to X, iiclusive, of this Act may be. cited as the
"Forei ;n Service Act of 19 6."
Nut
Oct
 ,
,.. ,,?~. '.. 3
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roved
111,
July
I'.1,.
S4-22
ll, 69
;1JJ,
ly 28,
t-177
iso1,
296,
roved
beg 8,
P.L.
S-205
[11.11.
102811,
Stat.
0 F.R.
oveni-
1966;
P.L.
[H.R.
,51, 81
t. 810,
proved
ril 15,
1911;
93--126
34731,
it. 756,
proved
proved
United
ration.
of the
PA1tT B--Uri.rn cTrvi:s
Snc. ill. The Congress hereby declare:; ;that the objectives of this
Act are to develop and strengthen the I; oa e go Service 1 of the United
States so as-
(1) to enable the Foreign Service r.ffectively to serve abroad
the interests of the United States;
(2) to insure that the officers awl employees of the Fbreign
Service are broadly representative of the American people and
are aware of and fully informed in respect to current trends in
American life;
(3) to enable the Foreign Service !.dequately to fulfill the unc-
tions devolving on it
State of functions heretofore reason of tbi~ per f oc i ed by other Government
agencies;
(4) to provide improvements in he recruitment and training
of the personnel of the Foreign Service;
(5) to provide that promotions leading; to lositions of au-
thority and responsibility shall by on the basis of merit and to
insure the selection on an impartial basis of outstanding persons
for such positions;
(6) to provide for the temporary al)pointment or assignment to
the Foreign Service of representative and outstanding citizens of
the United States possessing special :,kills and abilities;
(7) to provide salaries, allowances and benefits that will permit
the Foreign Service to draw its personnel from all walks of Ameri-
can 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 the
direction of the Foreign Service in accordance with modern prac-
tices in public administration: and
(9) to codify into one Act all provisions of law relating to the
administration of the Foreign Service.
trIONti
PART C- Dr YN
S : , {1,2,1, 'Tien used in this Act, the terlrl
(1 ".ervice" 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 an? executive department, board,
bureau, commission, or other agency in the executive branch of the
Federal Government, or any corporation wholly owned (either directly
or through one or more corporations) by the United States;
(5) "Government" means the Government of the United States of
America;
(6) "Continental United States" moans the States and the District
of Columbia;
(7) "Abroad" means all areas not included in the continental United
States as defined in paragraph (6) of ttis section;
1 Public Law 90--494 (82 Stat. 810), approves August 20, 1968 (see page 473) reads
"Be it enacted by the Senate and House of Reprer.?,i,tatives of the United States of America
in Congress assembled, That there is hereby estn&d(:.hed a category of officers of the United
States 'Information Agency (hereinafter referret'to as "the Agency-") to lie known as
Foreign Service Information officers."
2 Section 12 of I'ubilc Law 00-494 (S3 Stat. 810), August 20, 1908, construes terms
differently for purposes of Public Law 90-494.
0 0f? C)1 b..
 Ap xo4e -Fur Rele4sil. 811; ~
Cilarge (S) "Princi al officer" t ion or cer consulate of an l,ICha lsilj of ,
legation, or other diplomatic m
'es
ate or vice consulate of the Unite 1 St' ; and ofliccr il~Potntecl~ By- $it(,
q ccchie~ of mission Kmeat ;Jell rte, tO b and with ttie a c vi i t con>
chat c ens, :: ' on t . trio
er:tic mini ,
SSljog it1C will or Ot 1e-1 c7i~Ilom
E'1I1~i C
chard o sun "in of this t~~ E~ I I-- $l~nlted St ies or ink '~a -~ or d-,V OTtatre
d cltires comnlissicli e} A
g a
..r.. :.- ..:
rriliister xeslc~ent, char UB
nll~~~
TITLE il_GGVERNINTHE ODIES VICE `I,IIXa DIRECTION OF
PAR', N- -OFFICERS
l0#lk~$~U1 6
DIRr(,- OR GENERAL eneral
SEC. 201 The Serice, he elinafter referred toI as tl of Direct r Gen-
of the Foreign Service,
S _a by e
cers in the class o - calreer min st Secretary o froxf, naclas 1. Under
oral, who hal ffi
Service ca o ision
;ecretar the gene in charge ge o f the admi- li 3tration of the Delpartme It t e Direc
of State
for General shall cur addition to j administering
i 1 himlby this or an y other Act,
forming the duties specifically
coordinate til Governmel>t agenciesiandldirecttthefperf ance
meat and of other ties iosed oil them f by terms of anyl lyly or by anyeorder or tregulat onl issued pursuar t
by the trio
to law or by any international agreement to which the United ttttesl
is a party. 3 Stat. ill; 22 U.S.C. filla).]
Sl.c. 202. [Repealed by 7 P.L. 81-13
[PAnT B_BOARDS 4
[BOARD OF ',LIE FOREIGN BERVICE
[SEC. 2i ec e Board F ~t rte Foreign of Elie admini tt tion of
of the Assistant S 3 rye v.s.c. S11a).
s amen a section 3SecretatrytoflState. or such (rers a o111 person.> de.,i;*,nate(l by
which ch reads as s foit llc,ws; 'The
him. not~'ithstanding the ,rovlsinn;of the Foreign Service Act of 1946 (60 Stat. `)D`3
an other lash, except where a ont is Inherent e`o gn Ill sthe Pi nt of the
Fo L:nitMl Stater, shall adrmnistester , coor$ll I andd direct the Frr elfin Service of f the e United
or y'
tlnl: authorit> In the `gs.istcu,t Secreta ry of state
States and the Personnel of the State De-0artmout. Any 4 o
.
Act of 1946 , or in any other law ve.:
for the Pep artnn'nt', the ` irect r Secretary of State e in C , i-Pnc' et" t The h eet t h edo,
are her byaannendect toPvestrsuchrauthoritY inrtheySecretaryf f2rnnce .''ith eespect therein,
Secretary for Administration [it pr sent serves as Chairman of the Board of the Foreign
The funetiona under sec. 211 :.nd 212 were transferred to the President under the
Service.
Reorganization I'lan No. -1 of 1363. 1366, 31 F.It_ 6l. established the Board
cutive ruler 11244 e"erd Binnary 1,
ofEI`xecretSyrvice and nd the Board anl f i;xmiunc 1968. See ER ii. pa e 71.)
dedllkatti of
the Se :secretary of St;-te cereals additional functions. (See tios rvicetgished by h,xeeu
Executive. Order 11.1::4B. reetf ,~ugnst 20, the 1Order 1-'34. e a nd o aard of I gaminers for the Foreign
tiv nformationlotTic rs~theefunctions ctelog.cted tocthemeby tthat1orderes r with trnefectito Foreign
- I21`901. Provided the Board
I
Scrcice officers. 0'" pn"e 710.)
Exeentire order 11636 t. ectlve 1)ecem ber 17. 1971. 36 Fl!
of the Foreign Service with a number of specltic functions in :ebor-inanagem.'nt relations.
(See Pate 591.)
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FOR.EI(4 -ELATION S a. t THORT ;AITTC) T '.},
FISCAL YFXR :1979
OF THE
COILMTTTLE ON FOPL Rx! PELATIONS
Z 'XITED STATES SI NA `1T ,
S. 3076
TO AUTHORIZE APPROPRIATIONS FOR THE DEPARTMENT OF
STATE, THE INTERNATIONAL COITIM ICATIO\ AGIPINC ', AND
THE BOARD FOR INTER\ATIO1Ai: BROADCASTING
U.S. GOVERNMENT PI:INTIN . O'
WASHINGTON : 197Y
32:
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States of any person who is excludible fog, reasons other than member-
ship in or a nliation with a proscribed or: tnization." Section 118 also
substitutes the word "shall" for the word "should" in the provision
enacted last, year--which is only a pea iecting clhange, in that the
Administration has construed the provision in its present form as
being mandatory.
Sefr 1 11~tlpcty a~icl Pc s~a~as;t,%l%f~/. of ,U~i2'ccl States C'Icefs,,,o
States policy had become more favorably disposed toward Communist
participation in West European governments.
Over the period since enactment of thi:, provision, the A.daninistra-
tion has chosen to admit to the United St ttes, in addition to certain.
I vest European Communists, certain members of the Palestine Libera-
tion Organization, a "proscribed organization" long associated with.
acts of international terrorism. having become aware of these visits,
many Americans appear, by indication of mail received by the com-
mittee, to have inferred that the provision.enacted last year has facil-
itated the entry into this country of foreign terrorists. For two im-
portant reasons, this is.not the case. The first is that the Secretary of
State retains a wide variety of grounds on which to base a negative
recommendation on a visa application, su=:h that any possibility that a
prospective visitor might pose as threat of any kind to U.S. security
continues to be a valid basis for exclusion, The second reason is that
the Attorney General, under the President's direction, continues to be
the actual grantor of the visa; thus, notwithstanding the provision
enacted last year, an. Achninistration continues to have full flexibility
in its visa decisions. To make this even clearer, however, section 11.8 of
this year's bill, initiated by Senator McGovern. adds to the provision
enacted last year the followng sentence: ".Nothing in this section may
be construed as authorizing or rewiring the admission to the United
Tlie principal purpose of this section, which was initiated by Sen-
ators McGovern and Biden, is to clarify b~t-ond any doubt the meaning
of a provision of law. enacted in 1974 at. the initiative of Senators
llnskie and Case, setting forth the authority and responsibility of
U.S. ambassadors. Included in that provision was the following
stipulation :
Any department or agency Navin officers or employees in
a country shall keep the United States Ambassador to that-
country fully and currently informed with respect to all.
activities and operations of its officers and employees in
that. country, and shall insure that all of its officers and
employees, except for personnel imcler the command of a
United States area military commander, comply fully with
all applicable directives of the Ambassador.
The committee believes that this language makes amply clear that
all employees of the U.S. Government, regardless of agency, are
obligated to keep the Ambassador -hilly informed as to their activities.
The. committee is also aware, however, that the provision was not faith--
fully implemented upon enactment and that, when efforts toward
that end were undertaken during the current Administration, a
lengthy discussion ensued between certa in executive branch agencies
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as to the meaning of the provisOil and its relationship to other
statutes, such as the National Security Act of 1947, under whirl: tho
Director of Central Intelligenco is prohibited from disclosing sensitive
intelligence information unless authorized by law. The purpose oof this
section is to make clear that the i`t (4 statute constitutes such au-
thorization and is to be implemented--in the words added by this,
section---`'notwithstanding any other law." ('f iris, the committee
notes, is consistent with the findirg of the Senate Select Committee
q to Study Governmental Operations with Respect to Intelligence Activ-
ities. In its final report, issued in April 1976, the select committee
declared that "the [1971] statute resolves any doubts as to whether
disclosure to the Ambassador is authorized.") Noting that the 197A
statute provides that the Ambassador shall exercise his authorities
"under the direction of the President," tine committee intends. that
the effect of the statute is to authorize and xcgnire regular disclosure
to the Ambassador except -vheve specifically and explicitly provided
by a contrary Presidential directive.
Xl, section also makes a tecllpic I,R7alel clnZent to the original, pro-
c-ision-substituhn? the term Cfino of \hssto } for Am'bassadnr.
.Section 120. Reducing Family. Separations
Upon returning from an overseas assignment, a I oreign Service
officer or employee usually takes home leave. Before taking this leave,
however, the officer or employ ce often spends time in Washington
receiving training, orientation, or doing other temporary duty. At
present, the officer or employee is not, under such circumstances, coni-
pensated for the travel expenses of bringing his faEnily with him to
Wa--hington, regardless of the length of such temporary duty. This
section. initiated by Senator McGovern, would change existing law to
authorize the Secretary of State. under such reaillntions as he shell
prescribe, to pay such travel expenses where appropriate. The result
would be to reduce the occurrence of extended and unnecessary family
separations, and to afford family members greater opportunity to
participate in special reentry and -Family workshops at the Foreign
Service Institute or-in the case of another, impending foreign as-
signment-to participate in appropriate language or area training.
The costs of such travel will depend upon the provisions of regulations
to be prescribed by the Secretary, but in the committee's view are of
the kind which should be borne by the U.S. Government.
Section 121. Language Training for Foreign Seru^rce Dependents
Last year, at the initiative of Senator McGovern, the committee
approved a provision. subs uentl v enacted, which railed upon the See-
retarv of State to nial.e -reater use of existing authorities so as to pro-
vide additional language training opportunities to family members
of Foreign Service personnel. In the committee's view, the entire For-
eign Service family plays an important role in U.S. diplomatic retire-
ssentation abroad. and it follows from this that it is in the national
interest not only for a Foreign Service official, but also for his family,
to have fluency in the language of the country to"which he is assigned.
The provision in last year's bill called upon the Secretary of State to
report to Congress on steps taken to increase language training for
dependents, and the Committee has been pleased to learn from the re-
d tilting report that effective measures have been undertaken.
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95TH CONGRESS ROUSE OF REPRES E NiTAT1 Vl.?S REPORT
2d Session No. 95-1535
FOREIGN RELATIONS ALA'.(' El RIZ A , LI
_ -
~. , FrscUL, YEAR 1979
SEi-comma 6, 1979. --Ordered to be printed
Mr. FASOFLi, from the committee of conference,
submitted the following
CONFERENCE A U;POR:f'
[To accompany H.R. 12598]
The committee of conference on the disagreeing; votes of the two
Houses on the amendment of the Senate to the bill (ILI_ 12598) to
authorize appropriations for fiscal year WD 9 for the Department of
State, the International Communication, Agency, and the Board for
International Broadcasting, to make changes in the laws relating to
those agencies, to make changes in the Foreigni Service personnel sys-
tem, to establish policies and responsibilities with respect to science,
technology, and American diplomacy, and for other purposes, having
met, after full and free conference, have agreed to recommend and do
recommend to their respective Houses as foltows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following :
SHORT TITLE
SECTION 1. This Act may be cited as the "Foreign Relations Au-
thorization Act, Fiscal Year 1979".
TITLE I--DEPARTMENT OF STATE
AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1979
SEC. 10.1. (a) There are authorized to be appropriated for the De-
partment of State for the fiscal year 1979 to carry out the authorities.,
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Act of 1948 shall apply to all broadcasts of the Voice of America
without regard to any policies of distorting the truth, including cen-
sorship, of governments of countries to which the Voice of .America
broadcasts. (Section 503 states that "VOA will serve as a consistently
reliable and authoritative source of news. VOA_ news will be accurate,
objective, and comprehensive.")
The House bill did not contain a comparable provision.
The conference substitute contains no provision on this issue.
The committee of conference judged that, inco the essence of the
Senate provision. is in existing law, the provision. would have been
redundant.
COMPOSITION OF THE BOARD FOR INTER'NAT[O..'JAI.i ISROADCA5TCNO (BIB)
The House bill amended the Board for i:oternational Broadcasting
Act of 1.973 to make the Chairman of the Board of. Directors of RIFE/
EL, Inc. (Radio Free Europe and Radio Liberty), instead of the chief
operating officer of the radios, an ex-officio, niuivotinlog member of the
Board.
The Senate amendment did not contain i. comparable provision.
The conference substitute amends the Board for International
Broadcasting Act of 1973 to make both the Chairman of. the Board of
Directors of RFE/RL, Inc., and the chief operating officer of the
radios ex-officio, nonvoting members of the Board for International
Broadcasting.
BIB REPRESENTATIONAL EX PENSES
The house bill amended the Board for International Broadcast-
ing Act of 19 '43 to clarify the authority of the Board directly or for
RFE/RL, Inc., to use appropriated funds for representational ex-
penses, but limited the use of such. funds for this purpose to $0,000
each fiscal year.
The Senate amendment did not contain a comparable provision.
The conference substitute is essentially the same as the Senate
provision.
DISCLOSURE OF CONTRIBUTXO,+Tb TO BIB
The Senate amendment amended the Board for International Broad-
casting Act of 1973 to make clear that the requirement of full and
timely disclosure of contributions applies not only to contributions to
RFE/RL, Inc., itself, but also to any fund or foundation expressly
created to solicit or receive contributions on behalf of RFE/RL, Inc.
The House bill did not contain a comparable provision.
The conference substitute is essentially the same as the Senate
provision.
DEFINMON OF CHIEF 01' S IiSSION
The House bill contained a provision which expanded the definition
of "Chief of 1VEssion" to include the head of any U.S, office abroad
which is diplomatic in nature, in order c 14 i h ut ori'y , an
o c the United Rates , et Q'
diplomatic heading di loinatic out p24
o~ no f'ha person is a`iibass tdor:
"Tile ena rneri tnent c icSiiot contain a comparable provision.
The conference substitute is identical to the House provision.
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that in applying this new authority, the Secretary of State should.
insure that no officer working in the immediate office of a Principal
Officer (i.e., persons paid at Executive Levels It, II, or III) of the De-
partment of State, the International Communication Agency, and the
Agency for International Development, would. benefit from the spe-
cial allowance; and (b) that the grades of the positions eligible for
consideration for the special allowance should be limited to Foreign
Service officers in classes 8 through 4.
REPORTING TO A CIU.EF 04' ~C 33X r
The Senate amendment reaffirmed existing; law, which requires all.
eanr',Toyees of `fhe"U:S"(~overrament stationed abroad, regardless of
agency, to keep the Chief of Mission fully in formed as to their activ-
ities. The, amendment did; so by ,adding to ooxastin law the pllnaiw
"notwithstanding any other provision of l~zyv:
otis~"firYT"cllrl`itd coritairx a comparable provision:
The conference substitute contains no pZ( piston on this issue.'Tire
conunittee of{conference c"lecic c~cl o c e'rete the Senate provisi6 rinTght
of the administration's agreement that the "Authority of Amba ador"
provision in existing law "means that disclosure of intelligence infor-
mation to Ambassadors is authorized within the meaning of the Na-
tional Security Act of 1947." The principal purpose of the Senate
amendment was to make that clear.
The House bill extended from 90 days to It year the maximum period
an officer or employee of the Department of State can be detailed to
another executive agency without reimbursement to the Department.
It also required that these detailed officers and employees not be
counted toward any personnel ceiling imposed an the Department:
The Senate amendment did not contain a comparable provision.
The conference substitute is identical to the House provision. In
approving this provision, the committee of conference wishes to Make
clear its intent that the number of employees detailed under this
authority continue to be limited, that the personnel ceiling of the De-
partment administratively imposed by the Office of Management and
Budget not be reduced by reason of this provision, and that any non-
reimbursable assignments under this authority not made pursuant to
an exchange agreement with another executive agency and which ex-,
coed 90 days be reported to the Committees on Foreign Relations and.
International Relations.
PERSONNEL REQUIREMENTS AND COMPENSATION
The Senate amendment stated the finding of Congress that despite
the steady expansion of U.S. diplomatic representation abroad, the
total number of State Department personnel has not increased and, al-
thou; h the responsibilities and necessary qualifications for Foreign
Service positions continue to change, compensation for such person-
nel remains linked to that of the General .` ichedule employees The
Senate amendment further expressed the sense of Congress that the
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