PUBLIC LAW 96-465-THE FOREIGN SERVCIE OF THE UNITED STATES
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP85-00003R000100080002-1
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
100
Document Creation Date:
December 21, 2016
Document Release Date:
October 27, 2008
Sequence Number:
2
Case Number:
Publication Date:
October 17, 1980
Content Type:
REGULATION
File:
Attachment | Size |
---|---|
CIA-RDP85-00003R000100080002-1.pdf | 7.5 MB |
Body:
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2071
Public Law 96-465
Y 96th Congress
Be it enacted by the Senate and House orr R~epresentatives . of the
United States ofAmerica in Congress assembles
SECTION 1. SHORT T1TLE.-This Act may be cited as the "Foreign
Service Act of 1980".
SEC. 2. TABLE of CONTENTS.-The table of contents for this Act is as
follows:
FILE COPY
To promote the foreign policy of the United States by strengthening and improving Oct. 17, 1980
the Foreign Service of the United States, and for other purposes. [H.R. 67901
Sec. 1. Short title.
Sec. 2. Table of contents.
CHAPTER 1-GENERAL PROVISIONS
Sec. 101. Findings and objectives.
Sec. 102. Definitions.
Sec. 103. Members of the Service.
Sec. 104. Functions of the Service.
Sec. 105. Merit principles; protections of members of the Service; and minority
recruitment.
CHAPTER 2-MANAGEMENT OF THE SERVICE
Sec. 201. The Secretary of State.
Sec. 202. Other agencies utilizing the Foreign Service personnel system.
Sec. 203. Compatibility among agencies utilizing the Foreign Service personnel
system.
Sec. 204. Consolidated and uniform administration of the Service.
Sec. 205. Compatibility between the Foreign Service and other Government person-
nel systems.
Sec. 206. Regulations; delegation of functions.
Sec. 207. Chief of mission.
Sec. 208. Director General of the Foreign Service.
Sec. 209. Inspector General.
Sec. 210. Board of the Foreign Service.
Sec. 211. Board of Examiners for the Foreign Service.
CHAPTER 3-APPOINTMENTS
Sec. 301. General provisions relating to appointments.
Sec. 302. Appointments by the President.
Sec. 303. Appointments by the Secretary.
Sec. 304. Appointment of chiefs of mission.
Sec. 305. Appointment to the Senior Foreign Service.
Sec. 306. Career appointments.
Sec. 307. Entry levels for Foreign Service officer candidates.
Sec. W. Recall and reemployment of career members.
Sec. 309. Limited appointments.
Sec. 310. Reemployment rights following limited appointment.
Sec. 311. Employment of family members of Government employees.
Sec. 312. Diplomatic and consular commissions.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980
6IjPTER 4--COMPENSATION
w~~`~8G s .,5
Sec;. 401:iSalariee ofychiefs of mission.
Sec. 402y 5blarie ofAthe Senior Foreign Service.
Sec. 403:=1..bre g> Service Schedule.
Sec. 404. Assignment to a salary class.
Sec. 405. Performance pay.
Sec. 406. Within-class salary increases.
Sec. 407. Salaries for Foreign Service personnel abroad who perform.routine duties.
Sec. 408. Local compensation plans.
Sec. 409. Salaries of consular agents.
Sec. 410. Compensation for imprisoned foreign national employees.
Sec. 411. Temporary service as principal officer.
Sec. 412. Special differentials.
Sec. 413. Death gratuity.
CHAPTER 5-CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
Sec. 501. Classification of positions.
Sec. 502. Assignments to Foreign Service positions.
Sec. 503. Assignments to agencies, international organizations, and other bodies.
Sec. 504. Service in the United States and abroad.
Sec. 505. Temporary details.
Sec. 601. Promotions.
Sec. 602. Selection boards.
Sec. 603. Basis for selection board review.
Sec. 604. Confidentiality of records.
Sec. 605. Implementation of selection board recommendations.
Sec. 606. Other bases for increasing pay.
Sec. 607. Retirement for expiration of time in class.
Sec. 608. Retirement based on relative performance.
Sec. 609. Retirement benefits.
Sec. 610. Separation for cause.
Sec. 611. Termination of limited appointments.
Sec. 612. Termination of appointments of consular agents and foreign national
employees.
Sec. 613. Foreign Service awards.
CHAPTER 7-FOREIGN SERVICE INSTITUTE, CAREER DEVELOPMENT, TRAINING, AND
ORIENTATION
Sec. 701. Foreign Service Institute.
Sec. 702. Foreign language requirements.
Sec. 703. Career development.
Sec. 704. Training authorities.
Sec. 705. Training grants.
Sec. 706. Career counseling.
CHAPTER 8-FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM
Sec. 801. Administration of the System.
Sec. 802. Maintenance of the Fund.
Sec. 803. Participants.
Sec. 804. Definitions.
Sec. 805. Contributions to the Fund.
Sec. 806. Computation of annuities.
Sec. 807. Payment of annuity.
Sec. 808. Retirement for disability or incapacity.
Sec. 809. Death in service.
Sec. 810. Discontinued service retirement.
Sec. 811. Voluntary retirement.
Sec. 812. Mandatory retirement.
Sec. 813. Retirement of former Presidential appointees.
Sec. 814. Former spouses.
Sec. 815. Lump-sum payments.
Sec. 816. Creditable service.
Sec. 817. Extra credit for service at unhealthful posts.
Sec. 818. Estimate of appropriations needed.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2073
Sec. 819. Investment of the Fund.
Sec. 820. Assignment and attachment of moneys.
Sec. 821. Payments for future benefits.
Sec. 822. Unfunded liability obligations.
Sec. 823. Annuity adjustment for recall service.
Sec. 824. Reemployment.
Sec. 825. Voluntary contributions.
Sec. 826. Cost-of-living adjustments of annuities.
Sec. 827. Compatibility between civil service and Foreign Service retirement
systems.
Sec. 1101. Definition of grievance.
Sec. 1102. Grievances concerning former members.
Sec. 1103. Freedom of action.
Sec. 1104. Time limitations.
Sec. 1105. Foreign Service Grievance Board.
Sec. 1106. Board procedures.
Sec. 1107. Board decisions.
Sec. 1108. Access to records.
Sec. 1109. Relationship to other remedies.
Sec. 1110. Judicial review.
TITLE II-TRANSITION, AMENDMENTS TO OTHER LAWS, AND
1 MISCELLANEOUS PROVISIONS
CHAPTER 9-TRAVEL, LEAVE, AND OTHER BENEFITS
Sec. 901. Travel and related expenses.
Sec. 902. Loan of household effects.
Sec. 903. Required leave in the United States.
Sec. 904. Health care.
Sec. 905. Representation expenses.
CHAPTER 10-LABOR-MANAGEMENT RELATIONS
Sec. 1001. Labor-management policy.
Sec. 1002. Definitions.
Sec. 1003. Application.
Sec. 1004. Employee rights.
Sec. 1005. Management rights.
Sec. 1006. Foreign Service Labor Relations Board.
Sec. 1007. Functions of the Board.
Sec. 1008. Functions of the General Counsel.
Sec. 1009. Judicial review and enforcement.
Sec. 1010. Foreign Service Impasse Disputes Panel.
Sec. 1011. Exclusive recognition.
Sec. 1012. Employees represented.
Sec. 1013. Representation rights and duties.
Sec. 1014. Resolution of implementation disputes.
Sec. 1015. Unfair labor practices.
Sec. 1016. Prevention of unfair labor practices.
Sec. 1017. Standards of conduct for labor organizations.
Sec. 1018. Administrative provisions.
Sec. 2101. Pay and benefits pending conversion.
Sec. 2102. Conversion to the Foreign Service Schedule.
Sec. 2103. Conversion to the Senior Foreign Service.
Sec. 2104. Conversion from the Foreign Service.
Sec. 2105. Conversion of certain positions in the Department of Agriculture.
Sec. 2106. Preservation of status and benefits.
Sec. 2107. Regulations.
Sec. 2108. Authority of other agencies.
Sec. 2109. Survivor benefits for certain former spouses.
CHAPTER 2-PROVISIONs RELATING TO FOREIGN AFFAIRS AGENCIES
Sec. 2201. Basic authorities of the Department of State.
Sec. 2202. Peace Corps Act.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2074 PUBLIC LAW 96-465-OCT. 17, 1980
Sec. 2203. Foreign Assistance Act.
Sec. 2204. Arms Control and Disarmament Act.
Sec. 2205. Repealed provisions.
Sec. 2206. Other conforming amendments.
Sec. 2207. Model foreign language competence posts.
CHAPTER 3-AMENDMENTS TO Time 5, UNrrED STATES CODE
Sec. 2301. Reemployment rights.
Sec. 2302. Salary for ambassadors at large.
Sec. 2303. Advances of pay incident to departures from posts abroad.
Sec. 2304. Premium pay.
Sec. 2305. Severance
pa
Sec. 2306. Attorneys feeys.m backpay cases.
Sec. 2307. Separate maintenance allowance.
Sec. 2308. Education allowance.
Sec. 2309. Posts requiring special incentives.
Sec. 2310. Advances of pay.
Sec. 2311. Danger pay allowance.
Sec. 2312. Leave.
Sec. 2313. Retirement credit for imprisoned foreign nationals and for service with
certain overseas broadcast ling organizations.
Sec. 2314. Conforming amendments to title 5.
CHAPTER 4-SAVING PRovMoNs, CONGREssIONAL OVERSIGHT, AND EFFECTIVE, DATE
Sec. 2401. Saving provisions.
Sec. 2402. Congressional oversight of implementation.
Sec. 2403. Effective date.
TITLE I-THE FOREIGN SERVICE OF THE UNITED STATES
CHAPTER 1-GENERAL PROVISIONS
22 USC 3901. SEC. 101. FINDINGS AND OBJECTIVES.-(a) The Congress finds that-
(1) a career foreign service, characterized by.excellence and
professionalism, is essential in the national interest to assist the
President and the Secretary of State in conducting the foreign
affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation
have heightened the need for a professional foreign service that
will serve the foreign affairs interests of the United States in an
integrated fashion an d that can provide a resource of quaked
personnel for the President, the Secretary of State, and the
agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under
43 Stat. 140. the Act of May 24,1924 (commonly known as the Rogers Act) and ?
22 USC 801 continued by the Foreign Service Act of 1946, must be preserved,
note. strengthened, and improved in order to carry out its mission
effectively in response to the complex challenges of modern
diplomacy and international relations;
(4) the members of the Foreign Service should be representa-
tive of the American people, aware of the principles and history
of the United States and informed of current concerns an
d trends
in American life, knowledgeable of the affairs, cultures, and
languages of other countries, and available to serve in assign-
ments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit
principles.
(b) The objective of this Act is to strengthen and improve the
Foreign Service of the United States by-
(1) assuring, in accordance with merit principles, admission
through impartial and rigorous examination, acquisition of
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2075
career status only by those who have demonstrated their fitness
through successful completion of probationary assignments,
effective career development, advancement and retention of the
ablest, and separation of those who do not meet the requisite
standards of performance;
(2) fostering the development and vigorous implementation of
policies and procedures, including affirmative action programs,
which will facilitate and encourage (A) entry into and advance-
ment in the Foreign Service by persons from all segments of
American society, and (B) equal opportunity and fair and equita-
ble treatment for all without regard to political affiliation, race,
color, religion, national origin, sex, marital status, age, or handi-
capping condition;
(3) providing for more efficient, economical, and equitable
personnel administration through a simplified structure of For-
eign Service personnel categories and salaries;
(4) establishing a statutory basis for participation by the
members of the Foreign Service, through their elected repre-
sentatives, in the formulation of personnel policies and pro-
cedures which affect their conditions of employment, and
maintaining a fair and effective system for the resolution of
individual grievances that will ensure the fullest measure of due
process for the members of the Foreign Service;
(5) minimizing the impact of the hardships, disruptions, and
other unusual conditions of service abroad upon the members of
the Foreign Service, and mitigating the special impact of such
conditions upon their families;
(6) providing salaries, allowances, and benefits that will permit
the Foreign Service to attract and retain qualified personnel as
well as a system of incentive payments and awards to encourage
and reward outstanding performance;
(7) establishing a Senior Foreign Service which is characterized
by strong policy formulation capabilities, outstanding executive
leadership qualities, and highly developed functional, foreign
language, and area expertise;
(8) improving Foreign Service managerial flexibility and
effectiveness;
(9) increasing efficiency and economy by promoting maximum
compatibility among the agencies authorized by law to utilize the
Foreign Service personnel system, as well as compatibility
between the Foreign Service personnel system and other person-
nel systems of the Government; and
(10) otherwise enabling the Foreign Service to serve effectively
the interests of the United States and to provide the highest
caliber of representation in the conduct of foreign affairs. 22 USC 3902.
SEC. 102. DEFINITIONS.-(a) As used in this Act, the term-
(1) "abroad" means all areas not included within the United
States-
(2) `ragency" means an agency as defined in section 552(e) of
title 5, United States Code;
(3) "chief of mission" means the principal officer in charge of a
diplomatic mission of the United States or of a United States
office abroad which is designated by the Secretary of State as
diplomatic in nature, including any individual assigned under
section 502(c) to be temporarily in charge of such a mission or
office-
(4) "Department" means the Department of State, except that
with reference to the exercise of functions under this Act with
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2076 PUBLIC LAW 96-465-OCT. 17, 1980
respect to another agency authorized by law to utilize the
Foreign Service personnel system, such term means that other
Post p. 2129. ageriC~y; (5) 1
cers.
ZZ USC 3904. SEC. 104. FUNCTIONS OF THE SERVICE.-Members of the Service
shall, under the direction of the Secretary-
(1) represent the interests of the United States in relation to
foreign countries and international organizations, and perform
the functions relevant to their appointments and assignments,
including (as appropriate) functions under the Vienna Conven-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
emp oyee (except as provided in section 1002(8)) means,
when used with respect to an agency or to the Government
generally, an officer or employee (including a member of the
Service) or a member of the Armed Forces of the United States,
the commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmospheric
Administration*
(6) "function'; includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity;
(7) "Government" means the Government of the United States;
(8) "merit principles" means the principles set out in section
2301(b) of title 5, United States Code;
(9) "principal officer" means the officer in charge of a. diplo-
matic mission, consular mission (other than a consular agency),
or other Foreign Service post;
(10) "Secretary" means the Secretary of State, except that
(subject to section 201) with reference to the exercise of functions
under this Act with respect to any agency authorized by law to
utilize the Foreign Service personnel system, such term means
the head of that agency;
(11) "Service" or "Foreign Service" means the Foreign Service
of the United States; and
(12) "United States", when used in a geographic sense, means
the several States and the District of Columbia.
(b) References in this Act or any other law to "Foreign Service
officers" shall, with respect to the International Communication
Agency, be deemed to refer to Foreign Service information offi
(1) Chiefs of mission, appointed under section 302(a)(1) or
assigned under section 502(c).
(2) Ambassadors at large, appointed under section 302(a)(1).
(3) Members of the Senior Foreign Service, appointed under
section 302(a)(1) or 303, who are the corps of leaders and experts
for the management of the Service and the performance of its
functions.
(4) Foreign Service officers, appointed under section 302(a)(1),
who have general responsibility for carrying out the functions of
the Service.
(5) Foreign Service personnel, United States citizens appointed
under section 303, who provide skills and services required for
effective performance by the Service.
(6) Foreign national employees, foreign nationals appointed
under section 303, who provide clerical, administrative, techni-
cal, fiscal, and other support at Foreign Service posts abroad.
(7) Consular agents, appointed under section 303 by the Secre-
tary of State, who provide consular and related services as
authorized by the Secretary of State at specified locations abroad
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2077
tion on Diplomatic Relations, the Vienna Convention on Con-
sular Relations, other international agreements to which the
United States is a party, the laws of the United States, and.
orders, regulations, and directives issued pursuant to law;
(2) provide guidance for the formulation and conduct of pro-
grams and activities of the Department and other agencies which
relate to the foreign relations of the United States; and
(3) perform functions on behalf of any agency or other Govern-
ment establishment (including any establishment in the legisla-
tive or judicial branch) requiring their services.
SEC. 105. MERIT PRINCIPLES; PROTECTIONS FOR MEMBERS OF. THE
SERVICE; AND MINORITY RECRUITMENT.-(a)(1) All personnel actions
with respect to career members and career candidates in the Service
(including applicants for career candidate appointments) shall be
made in accordance with merit principles.
(2) For purposes of paragraph (1), the term "personnel action"
means-
(A) any appointment, promotion, assignment (including assign-
ment to any position or salary class), award of performance pay
or special differential, within-class salary increase, separation, or
performance evaluation, and
(B) any decision, recommendation, examination, or ranking
provided for under this Act which relates to any action referred
to in subparagraph (A).
(b) The Secretary shall administer the provisions of this Act and
shall prescribe such regulations as may be necessary to ensure that
members of the Service, as well as applicants for appointments in the
Service-
(1) are free from discrimination on the basis of race, color,
religion, sex, national origin, age, handicapping condition, mari-
tal status, or political affi liation, as prohibited under section
2302(b)(1) of title 5, United States Code;
(2) are free from reprisal for-
(A) a disclosure of information by a member or applicant
which the member or applicant reasonably believes
evidences-
(i) a violation of any law, rule, or regulation, or
(ii) mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to
public health or safety,
if such disclosure is not specifically prohibited by law and if
such information is not specifically required by Executive
order to be kept secret in the interest of national defense or
the conduct of foreign affairs; or
(B) a disclosure to the Special Counsel of the Merit Sys-
tems' Protection Board, or to the Inspector General of an
agency (including the Inspector General of the Department
of State and the Foreign Service) or another employee
designated by the head of the agency to receive such disclo-
sures, of information which the member or applicant reason-
ably believes evidences-
(i) a violation of any law, rule, or regulation, or
(ii) mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to
public health or safety;
(3) are free to submit to officials of the Service and the
Department any report, evaluation, or recommendation, includ-
ing the right to submit such report, evaluation, or recommends-
"Personnel
action."
Information
disclosure.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2078 PUBLIC LAW 96-465-OCT. 17, 1980
Minority
recruitment
program,
establishment.
Report to
Congress.
tion through a separate dissent channel, whether or not the
views expressed therein are in accord with approved policy,
unless the report, evaluation, or recommendation was submitted
with the knowledge that it was false or with willful disregard for
its truth or falsity; and
(4) are free from any personnel practice prohibited by section
2302 of title 5, United States Code.
(c) This section shall not be construed as authorizing the withhold-
ing of information from the Congress or the taking of any action
against a member of the Service who discloses information to the
Congress.
(dXl) The Secretary shall establish a minority recruitment pro-
gram for the Service consistent with section 7201 of title 5, United
States Code.
(2) Not later than January 31 of each year, the Secretary shall
transmit to each House of the Congress a report, signed by the
Secretary, on the activities of the -Secretary under paragraph (1).
Such report shall include any affirmative action plans submitted by
the Secretary under section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) and any data nece to evaluate the effectiveness
of the program under paragraph (lor the preceding fiscal year,
together with recommendations for administrative or legislative
action the Secretary considers appropriate.
(e) This section snot be construed to extinguish or lessen any
effort to achieve equal employment opportunity through affirmative
action or any right or remedy available to any employee or applicant
for employment in the civil service under-
(1) section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16), prohibiting discrimination on the basis of race, color,
religion, sex, or national origin;
(2) sections 12 and 15 of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimination
on the basis of age;
(3) section 6(d) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(d)), prohibiting discrimination on the basis of sex;
(4) sections 501 and 505 of the Rehabilitation Act of 1973 (29
U.S.C. 791, 794a), prohibiting discrimination on the basis of
handicapping condition; or
(5) any provision of law, rule, or regulation prohibiting discrim-
ination on the basis of marital status or political affiliation.
CHAPTER 2-MANAGEMENT OF THE SERVICE
SEC. 201. THE SECRETARY OF STATE.-(a) Under the direction of the
President, the Secretary of State shall administer and direct the
Service and shall coordinate its activities with the needs of the
Department of State and other agencies.
(b) The Secretary of State alone among the heads of agencies
utilizing the Foreign Service personnel system shall perform the
functions expressly vested in the Secretary of State by this Act.
SEC. 202. OTHER AGENCIES UTILIZING THE FOREIGN SERVICE PERSON-
NEL SYsTEM.-(01) The Director of the International Communica-
tion Agency and the Director of the United States International
Development Cooperation Agency may utilize the Foreign Service
personnel system with respect to their respective agencies in accord-
ance with this Act.
(2) The Secretary of Agriculture may utilize the Foreign Service
personnel system in accordance with this Act-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2079
(A) with respect to personnel of the Foreign Agricultural
Service, and
(B) with respect to other personnel of the Department of
Agriculture to the extent the President determines to be neces-
sary in order to enable the Department of Agriculture to carry
out functions which require service abroad.
(3) The Secretary of Commerce may utilize the Foreign Service
personnel system in accordance with this Act-
(A) with respect to the personnel performing functions trans-
ferred to the Department of Commerce from the Department of
State by Reorganization Plan Numbered 3 of 1979, and
(B) with respect to other _personnel of the Department of
Commerce to the extent the President determines to be neces-
sary in order to enable the Department of Commerce to carry out
functions which require service abroad.
(b) Subject to section 201(b)-
(1) the agency heads referred to in subsection (a), and
(2) the head of an other agency (to the extent authority to
utilize the Foreign Service personnel system is granted to such
agency head under any other Act),
shall in the case of their respective agencies exercise the functions
vested in the Secretary by this Act.
SEC. 203. COMPATIBILITY AMONG AGENCIES UTILIZING THE FOREIGN
SERVICE PERSONNEL SYSTEM.-(a) The Service shall be administered
to the extent practicable in a manner that will assure maximum
compatibility among the agencies authorized by law to utilize the
Foreign Service personnel system. To this end, the other heads of
such agencies shall consult regularly with the Secretary of State.
(b) Nothing in this chapter shall be construed as diminishing the
authority of the head of any agency authorized by law to utilize the
Foreign Service personnel system.
SEC. 204. CONSOLIDATED AND UNIFORM ADMINISTRATION OF THE
SERVICE.-The Secretary shall on a. continuing basis consider the
need for uniformity of personnel policies and procedures and for
consolidation (in accordance with section 23 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2695)) of personnel functions
among agencies utilizing the Foreign Service personnel system.
Where feasible, the Secretary of State shall encourage (in con-
sultation with the other heads of such agencies) the development of
uniform policies and procedures and consolidated personnel
functions.
SEC. 205. COMPATIBILITY BETWEEN THE FOREIGN SERVICE AND OTHER
GOVERNMENT PERSONNEL SYSTEMS.-The Service shall be adminis-
tered to the extent practicable in conformity with general policies
and regulations of the Government. The Secretary shall consult with
the Director of the Office of Personnel Management, the Director of
the Office of Management and Budget, and the heads of such other
agencies as the President shall determine, in order to assure compati-
bility of the Foreign Service personnel system with other Govern-
ment personnel systems to the extent practicable.
SEC. 206. REGULATIONS; DELEGATION OF FUNCTIONS.-(a) The Secre-
tary may prescribe such regulations as the Secretary deems appropri-
ate to carry out functions under this Act.
(b) The Secretary may delegate functions under this Act which are
vested in the Secretary to any employee of the Department or any
member of the Service.
SEC. 207. CHIEF OF MISSION.-(a) Under the direction of the Presi-
dent, the chief of mission to a foreign country-
3 CFR 1979
Comp., p. 513.
22 USC 3923.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2080 PUBLIC LAW 96-465-OCT. 17, 1980
Removal from
office; report to
Congress.
Inspections,
investigations,
and audits.
(1) shall have full responsibility for the direction, coordination,
and supervision of all Government employees in that country
(except for employees under the command of a United States
area military commander); and
(2) shall keep fully and currently informed with respect to all
activities and operations of the Government within that country,
and shall insure that all Government employees in that country
(except for employees under the command of a United States
area military commander) comply fully with all applicable direc-
tives of the chief of mission.
(b) Any agency having employees in a foreign country shall keep
the chief of mission to that country fully and currently informed with
respect to all activities and operations of its employees in that
country, and shall insure that all of its. employees in that country
(except for employees under the command of a United States area
military commander) comply fully with all applicable directives of
the chief of mission.
SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE.-There shall
be a Director General of the Foreign' Service, who shall be appointed
by the President, by and with the advice and consent of the Senate,.
from among the career members of the Senior Foreign Service. The'
Director General shall assist the Secretary of State in the manage-
ment of the Service and shall perform such functions as the Secretary
of State may prescribe.
SEC. 209. INSPECroR GENERAL.-(axl) There shall be an Inspector
General of the Department of State and the. Foreign Service, who
shall be appointed by the President, by and : with the advice and
consent of the Senate, without regard to political affiliation from
among individuals exceptionally qualified for the position by virtue of
their integrity and their demonstrated ability in accounting, audit-
ing, financial analysis, law, management analysis, public administra-
tion, or investigations, or their knowledge and experience in the
conduct of foreign affairs. The Inspector General shall report to and
be under the general supervision of the Secretary of State. Neither
the Secretary of State nor any other officer of the Department shall
prevent or prohibit the Inspector General from initiating, carrying
out, or completing any audit or investigation, or from issuing any
subpena during the course of any audit or investigation. The Inspec-
tor General shall periodically (at least every 5 years) inspect and
audit .the administration of activities and operations of each Foreign
Service post and each bureau and other operating unit of the
Department of State, and shall perform such other functions as the
Secretary of State may prescribe, except that the Secretary of State
shall not assign to the Inspector General any general program
operating responsibilities.
(2) The Inspector General may be removed from office by the
President. The President shall communicate the reasons for any such
removal to both Houses of Congress. .
(b) Inspections, investigations, and audits conducted by or under
the direction of the Inspector General shall include the systematic
review and evaluation of the administration of activities and oper-
ations of Foreign Service posts and bureaus and other operating units
of the Department of State, including an examination of-
(1) whether financial transactions and accounts are properly
conducted, maintained, and reported;
(2) whether resources are being used and managed with the
maximum degree of efficiency, effectiveness, and economy;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2081
(3) whether the administration of activities and operations
meets the requirements of applicable laws and regulations and,
specifically, whether such administration is consistent with the
requirements of section 105;
(4) whether there exist instances of fraud or other serious
problems, abuses, or deficiencies, and whether adequate steps for
detection, correction, and prevention have been taken; and
(5) whether policy goals and objectives are being effectively
achieved and whether the interests of the United States are
being accurately and effectively represented.
(c)(1) The Inspector General shall develop and implement policies inspection and
and procedures for the inspection and audit activities carried out audit policies
under this section. These policies and procedures shall be consistent and procedures.
with the general policies and guidelines of the Government for
inspection and audit activities and shall comply with the standards
established by the Comptroller General of the United States for
audits of Government agencies, organizations, programs, activities,
and functions.
(2) In carrying out the duties and responsibilities established under
this section, the Inspector General shall give particular regard to the
activities of the Comptroller General of the United States with a view
toward insuring effective coordination and cooperation.
(3) In carrying out the duties and responsibilities established under Federal criminal
this section, the Inspector General shall report expeditiously to the law, violation
Attorney General whenever the Inspector General has reasonable reports.
grounds to believe there has been a violation of Federal criminal law.
(d)(1) The Inspector General shall keep the Secretary of State fully Reports.
and currently informed, by means of the reports required by para-
graphs (2) and (3) and otherwise, concerning fraud and other serious
problems, abuses, and deficiencies relating to the administration of
activities and operations administered or- financed by the Depart-
ment of State.
(2) The Inspector General shall, not later than April 30 of each
year, prepare and furnish to the Secretary of State an annual report
summarizing the activities of the Inspector General. Such report
shall include-
(A) a description of significant problems, abuses, and deficien-
cies relating to the administration of activities and operations of
Foreign Service posts, and bureaus and other operating units of
the Department of State, which were disclosed by the Inspector
General within the reporting period;
(B) a description of the recommendations for corrective action
made by the Inspector General during the reporting period with
respect to significant problems, abuses, or deficiencies described
pursuant to subparagraph (A);
(C) an identification of each significant recommendation
described in previous annual reports on which corrective action
has not been completed;
(D) a summary of matters referred to prosecutive authorities
and the prosecutions and convictions which have resulted; and
(E) a listing of each audit report completed by the Inspector
General dur~'ng the reporting period.
The Secretary of State shall transmit a copy of such annual report
within 30 days after receiving it to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives and to other appropriate committees,
together with a report of the Secretary of State containing any
comments which the Secretary of State deems appropriate. Within 60
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2082 PUBLIC LAW 96-465-OCT. 17, 1980
v
the interest of national defense or the co for carrying
6 (b) and (c) section
(2) At the request of the Inspector
such ev
(fXl) The Inspector General may receive and investigate com-the
ber of the Seindividuals.
plaints or information from a member of the Service or employee of
constituting a violation of laws or regulations, constitutin is an-
agement, gross waste of funds, or abuse of authority, or constituting a
stan
or
d (2) The Inspector General shall of not, after receipt of a complaint
n to safety' h and Wc
Service or employee of the
uch individual without the
consent of such individual, unless the Inspector General determines
s
(g/ V nde was. general supervision of the Secretary
ties and o erations performed
review. under the direction, coordination, and supervision of chiefs of mission
nsonance with the foreign
policy of the United States and their consistency with the responsibil-
esident shall
SEC. ARD OF THE OREIGN
establish a Board of the Foreign Service to advise the Secretary of
State on matters relating to the Service, including furtherance of the
objectives of maximum compatibility among agencies authorized by
law to utilize the Foreign Service personnel system and compatibility
between the Foreign Service personnel system and the other person-
Approved For Release 2008/10/27: CIA-RDP85-00003ROO01 00080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2083
nel systems of the Government. The Board of the Foreign Service
shall be chaired by a career member of the Senior Foreign Service
designated by the Secretary of State and shall include one or more
representatives of the Department of State, the International Com-
munication Agency, the United States International Development
Cooperation Agency, the Department of Agriculture, the Department
of Commerce, the Department of Labor, the Office of Personnel
Management, the Office of Management and Budget, the Equal
Employment Opportunity Commission, and such other agencies as
the President may designate.
SEC. 211. BOARD OF EXAMINERS FOR THE FOREIGN SERVICE.-(a) The
President shall establish a Board of Examiners for the Foreign
Service to develop, and supervise the administration of, examinations
prescribed under section 301(b) to be given to candidates for appoint-
ment in the Service. The Board shall consist of 15 members appointed
by the President (no fewer than 5 of whom shall be appointed from
among individuals who are not Government employees and who shall
be qualified for service on the Board by virtue of their knowledge,
experience, or training in the fields of testing or equal employment
opportunity). The Board shall include representatives of agencies
utilizing the Foreign Service personnel system and representatives of
other agencies which have responsibility for employment testing. The
Board shall be chaired by a member of the Board, designated by the
President, who is a member of the Service.
(b) The Board of Examiners shall periodically review the examina-
tions prescribed under section 301(b) in order to determine-
(1) whether any such examination has an adverse impact on
the hiring, promotion, or other employment opportunity of
members of any race, sex, or ethnic group;
(2) methods of minimizing any such adverse impact;
(3) alternatives to any examinations which have such an
adverse impact; and
(4) whether such examinations are valid in relation to job
performance.
The Board of Examiners shall annually report its findings under this
subsection to the Secretary of State and shall furnish to the Secretary
of State its recommendations for improvements in the development,
use, and administration of the examinations prescribed under section
301(b).
(c) Any vacancy or vacancies on the Board shall not impair the
right of the remaining members to exercise the full powers of the
Board.
CHAPTER 3-APPOINTMENTS
SEC. 301. GENERAL PROVISIONS RELATING TO APPOINTMENTS.--(a)
Only citizens of the United States may be appointed to the Service,
other than for service abroad as a consular agent or as a foreign
national employee.
(b) The Secretary shall prescribe, as appropriate? written, oral,
physical, foreign language, and other examinations for appointment
to the Service (other than as a chief of mission or ambassador at
large).
(c) The fact that an applicant for appointment as a Foreign Service
officer candidate is a veteran or disabled veteran shall be considered
an affirmative factor in making such appointments. As used in this
subsection, the term "veteran or disabled veteran" means an individ-
ual who is a preference eligible under subparagraph (A), (B), or (C) of
section 2108(3) of title 5, United States Code.
Establishment.
22 USC 3931.
Examinations,
review.
Report to
Secretary of
State.
"Veteran or
disabled
veteran."
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2084 PUBLIC LAW 96-465-OCT. 17, 1980
Career and (d)(1) Members' of the Service serving under career appointments
noncareer are career members of the Service. Members of the Service serving
appointments. under limited appointments are either career candidates or non-
career members of the Service.
22 USC 3942. (2) Chiefs of mission, ambassadors at large, and ministers serve at
the pleasure of the President.
(3) An appointment as a Foreign Service officer is a career
appointment.
SEC. 302. APPOINTMENTS BY THE PRESIDENT.-(a)(1) The President
may, by and with the advice and consent of the Senate, appoint an
individual as a chief of mission, as an ambassador at large, as a
minister, as a career member of the Senior Foreign Service, or as a
Foreign Service officer.
Ambassadors or (2)(A) The President may, by and with the advice and consent of the
ministers, Senate, confer the personal rank of career ambassador upon a career
conferral member of the Senior Foreign Service in recognition of especially
personal rank. distinguished service over a sustained period.
(BXi) Subject to the requirement of clause (ii), the President may
confer the personal rank of ambassador or minister on an individual
in connection with a special mission for the President of a temporary
nature not exceeding six months in duration.
Report to Senate (ii) The President may confer such personal rank only if, prior to
Committee. such conferral, he transmits to the Committee on Foreign Relations
of the Senate a written report setting forth-
(I) the necessity for conferring such rank,
(II) the dates during which such rank will be held,
(III) the justification for not submitting the proposed conferral
of personal rank to the Senate as a nomination for advice and
consent to appointment, and
(IV) all relevant information concerning any potential conflict
of interest which the proposed recipient of such personal rank
may have with regard to the special mission.
Such report shall be transmitted not less than 30 days prior to
conferral of the personal rank of ambassador or minister except in
cases where the President certifies in his report that urgent circum-
stances require the immediate conferral of such, rank.
(C) An individual upon whom a personal rank is conferred under
subparagraph (A) or (B) shall not receive any additional compensa-
tion solely by virtue of such personal rank.
Senate approval (3) Except as provided in paragraph (2)(B) of this subsection or in
of appointments. clause 3, section 2, article II of the Constitution (relating to recess
USC prec. title 1. appointments), an individual may not be designated as ambassador or
minister, or be designated to serve in any position with the title of
ambassador or minister, without. the advice and consent of the
Senate.
Foreign Service (b) If a member of the Service is appointed to any position in the
status, retention. executive branch by the President, by and with the advice and
consent of the Senate, or by the President alone, the period of service
in that position by the member shall be regarded as an assignment
Post, p. 2092. under chapter 5 and the member shall not, by virtue of the accept-
ance of such assignment, lose his or her status as a member of the
Service. A member of the Senior Foreign Service who accepts such an
assignment may elect to continue to receive the salary of his or her
Post, p. 2087. salary class, to remain eligible for performance pay under chapter 4,
and to receive the leave to which such member is entitled under
5 USC 6301. subchapter I of chapter 63 of title 5, United States Code, as a member
of the Senior Foreign Service, in lieu of receiving the salary and leave
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
? PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2085
(if any) of the position to which the member is appointed by the
President.
SEC. 303. APPOINTMENTS BY THE SECRETARY.-The Secretary may 22 USC 3943.
appoint the members of the Service (other than the members of the
Service who are in the personnel categories specified in section 302(a))
in accordance with this Act and such regulations as the Secretary
may prescribe.
SEC. 304. APPOINTMENT OF CHIEFS OF MISSION.-(a)(1) An individual 22 USC 3944.
appointed or assigned to be a chief of mission should possess clearly
demonstrated competence to perform the duties of a chief of mission,
including, to the maximum extent practicable, a useful knowledge of
+ the principal language or dialect of the country in which the
individual is to serve, and knowledge and understanding of the
history, the culture, the economic and political institutions, and
the interests of that country and its people.
(2) Given the qualifications specified in paragraph (1), positions as
chief of mission should normally be accorded to career members of
the Service, though circumstances will warrant appointments from
time to time of qualified individuals who are not career members of
the Service.
(3) Contributions to political campaigns should not be a factor in
the appointment of an individual as a chief of mission.
(4) The President shall provide the Committee on Foreign Relations Nominations.
of the Senate, with each nomination for an appointment as a chief of
mission, a report on the demonstrated competence of that nominee to
perform the duties of the position in which he or she is to serve.
(b)(1) In order to assist the President in selecting qualified candi-
dates for appointment or assignment as chiefs of mission, the Secre-
tary of State shall from time to time furnish the President with the
names of career members of the Service who are qualified to serve as
chiefs of mission, together with pertinent information about such
members.
(2) Each individual nominated by the President to be a chief of Political
mission, ambassador at large, or minister shall, at 'the time of camp
nomination, file with the Committee on Foreign Relations of the report ions,
Senate and the Speaker of the House of Representatives a report of congressional
contributions made by such individual and by members of his or her committees.
immediate family during the period beginning on the first day of the
fourth calendar year preceding the calendar year of the nomination
and ending on the date of the nomination. The report shall be verified
by the oath of the nominee, taken before any individual authorized to
administer oaths. The chairman of the Committee on Foreign Rela-
tions of the Senate shall have each such report printed in the
Congressional Record. As used in this paragraph, the term "contribu- "Contribution."
tion" has the same meaning given such term by section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)), and the term
"immediate family" means the spouse of the nominee, and any child, "Immediate
parent, grandparent, brother, or sister of the nominee and the family."
spouses of any of them.
(c) Within 6 months after assuming the position, the chief of Report to
mission to a foreign country shall submit, to the Committee on congressional
Foreign Relations of the Senate and the Committee on Foreign committees.
Affairs of the House of Representatives, a report describing his or her
own foreign language competence and the foreign language compe-
tence of the mission staff in the principal language or other dialect of
that country.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2086 PUBLIC LAW 96-465-OCT. 17, 1980
22 USC 3945. SEC. 305. APPOINTMENT TO THE SENIOR FOREIGN SERVICE.-(a)
Appointment to the Senior Foreign Service shall be to a salary class
established under section 402, and not to a position.
Limited (b) An individual may not be given a limited appointment in the
appointments. Senior Foreign Service if that appointment would cause the number
of members of the Senior Foreign Service serving under limited
appointments to exceed 5 percent of the total number of members of
the Senior Foreign Service, except that (1) members of the Senior
Foreign Service assigned to the Peace Corps shall be excluded in the
calculation and application of this limitation, and (2) members of the
Senior Foreign Service serving under limited appointments with
reemployment rights under section 310 as career appointees in the
Senior Executive Service shall be considered to be career members of
the Senior Foreign Service for purposes of this subsection.
22 USC 3946. SEC. 306. CAREER APPOINTMENTS.-(a) Before receiving a career
appointment in the Service, an individual shall first serve under a
limited appointment as a career candidate for a trial period of service
prescribed by the Secretary. During such trial period of service, the
Secretary shall decide whether-
(1) to offer a career appointment to the candidate under section
303, or
(2) to recommend to the President that the candidate be given a
career appointment under section 302.
Fitness and (b) Decisions by the Secretary under subsection (a) shall be based
aptitude, upon the recommendations of boards, established by the Secretary
evaluation. and composed entirely or primarily of career members of the Service,
which shall evaluate the fitness and aptitude of career candidates for
the work of the Service.
22 USC 3947. SEC. 307. ENTRY LEVELS FOR FOREIGN SERVICE OFFICER CANDI-
DATES.-A career candidate for appointment as a Foreign Service
officer may not be initially assigned under section 404 to a salary
class higher than class 4 in the Foreign Service Schedule unless-
(1) the Secretary determines in an individual case that assign-
ment to a higher salary class is warranted because of the
qualifications (including foreign language competence) and expe-
rience of the candidate and the needs of the Service; or
(2) at the time such initial assignment is made, the candidate is
serving under a career appointment in the Service and is
receiving a salary at a rate equal to or higher than the minimum
rate payable for class 4 in the Foreign Service Schedule.
22 USC 3948. SEC. 308. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.-(a)
Whenever the Secretary determines that the needs of the Service so
require, the Secretary may recall any retired career member of the
Service for active duty in the same personnel category as that
member was serving at the time of retirement. A retired career
member may be recalled under this section to any appropriate salary
class or rate, except that a retired career member of the Senior
Foreign Service may not be recalled to a salary class higher than the
one in which the member was serving at the time of retirement
unless appointed to such higher class by the President, by and with
the advice and consent of the Senate.
(b) Former career members of the Service may be reappointed
under section 302(a)(1) or 303, without regard to section 306, in a
salary class which is appropriate in light of the qualifications and
ex erience of the individual being reappointed.
22 USC 3949. SEC. 309. LIMITED APPOINTMENTS.-A limited appointment in
the Service, including an appointment of an individual who is an
employee of an agency, may not exceed 5 years in duration and,
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2087
except as provided in section 311(a), may not be extended or renewed.
A limited appointment in the Service which is limited by its terms to
a period of one year or less is a temporary appointment.
SEC. 310. REEMPLOYMENT RIGHTS FOLLOWING LIMITED APPOINT- 22 USC 3950.
MENT.-Any employee of an agency who accepts a limited appoint-
ment in the Service with the consent of the head of the agency in
which the employee is employed shall be entitled, upon the termina-
tion of such limited appointment, to be reemployed in accordance
with section 3597 of title 5, United States Code. Post, p. 2164.
SEC. 311. EMPLOYMENT OF FAMILY MEMBERS. OF GOVERNMENT 22 USC 3951.
EMPLOYEES.-(a) The Secretary, when employing individuals abroad
in positions to which career members of the Service are not customar-
ily assigned (including, when continuity over a long term is not a
significant consideration, vacant positions normally filled by foreign
national employees), shall give equal consideration to employing
available qualified family members of members of the Service or of
other Government employees assigned abroad. Family members so
employed shall serve under renewable limited appointments in the
Service and may be paid either in accordance with the Foreign
Service Schedule or a local compensation plan established under
section 408.
(b) Employment of family members in accordance with this section
may not be used to avoid fulfilling the need for full-time career
positions.
SEC. 312. DIPLOMATIC AND CONSULAR COMMISSIONS.-(a) The Secre- 22 USC 3952.
tary of State may recommend to the President that a member of the
Service who is a citizen of the United States,be commissioned as a
diplomatic or consular officer or both. The President may, by and
with the advice and consent of the Senate, commission such member
of the Service as a diplomatic or consular officer or both. The
Secretary of State may commission as a vice consul a member of the
Service who is a citizen of the United States. All official functions
performed by a diplomatic or consular officer, including a vice consul,
shall be performed under such a commission.
(b) Members of the Service commissioned under this section may, in
accordance with their commissions, perform any function which any
category of diplomatic officer (other than a chief of mission) or
consular officer is authorized by law to perform.
(c) The Secretary of State shall define the limits of consular
districts.
CHAPTER 4-COMPENSATION
SEC. 401. SALARIES OF CHIEFS OF MISSION.-(a) Except as provided in 22 USC 3961.
section 302(b), each chief of mission shall receive a salary, as deter-
mined by the President, at one of the annual rates payable for levels
II through V of the Executive Schedule under sections 5313 through
5316 of title 5, United States Code.
(b) The salary of a chief of mission shall commence upon the
effective date of appointment to that position. The official services of
a chief of mission are not terminated by the appointment of a
successor, but shall continue for such additional period, not to exceed
50 days after relinquishment of charge of the mission, as the Secre-
tary of State may determine. During that period, the Secretary of
State may require the chief of mission to perform such functions as
the Secretary . of State deems necessary in the interest of the
Government.
SEC. 402. SALARIES OF THE SENIOR FOREIGN SERVICE.-(a) The 22 USC 3962.
President shall prescribe salary classes for the Senior Foreign Service
79-139 0 - 80 - 2 (297)
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2088 PUBLIC LAW 96-465-OCT. 17, 1980
and shall prescribe an appropriate title for each class. Basic salary
rates for the Senior Foreign Service may not exceed the maximum
rate or be less than the minimum rate of basic pay payable for the
Senior Executive Service under section 5382 of title 5, United States
Code, and shall be adjusted at the same time and in the same manner
as rates of basic pay are adjusted for the Senior Executive Service.
(b)(1) An individual who is a career appointee in the Senior
Executive Service receiving basic pay at one of the rates payable
under section 5382 of title 5, United tates Code, and who accepts a
limited appointment in the Senior Foreign Service in a salary class
for which the basic salary rate is less than such basic rate of pay, shall
be paid a salary at his or her former basic rate of pay (with
adjustments as provided in paragraph (2)) until the salary for his or
her salary class in the Senior Foreign Service equals or exceeds the
salary payable to such individual under this subsection.
(2) The salary paid to an individual under this subsection shall be
adjusted by 50 percent of each adjustment, which takes effect after
the appointment of such individual to the Senior Foreign Service, in
the basic rate of pay at which that individual was paid under section
5382 of title 5, nited States Code, immediately prior to such
apR ointment.
22 USC 3963. DEC. 403. FOREIGN SERVICE SCHEDULE.-The President shall estab-
lish a Foreign Service Schedule which shall consist of 9 salary classes
and which shall apply to members of the Service who are citizens of
the United States and for whom salary rates are not otherwise
provided for by this chapter. The maximum salary rate for the
highest class established under this section, which shall be desig-
nated class 1, may not exceed the maximum rate of basic pay
prescribed for GS-15 of the General Schedule under section 5332 of
45 FR 69201. title 5, United States Code. Salary rates established under this section
shall be adjusted in accordance with subchapter I of chapter 53 of title
5 USC 5301. 5, United adjusted Code.
22 USC 3964. SEC. 404. ASSIGNMENT TO A SALARY CLASS.-(a) The Secretary shall
assign all Foreign Service officers and Foreign Service personnel
(other than Foreign Service personnel who are paid in accordance
with section 407 or who are family members of Government employ-
ees paid in accordance with a local compensation plan established
under section 408) to appropriate salary classes in the Foreign
Service Schedule.
(b)(1) The salary class to which a member of the Service is assigned
under this section shall not be affected by the assignment of the
Post, p. 2092. member to a position classified under chapter 5.
(2) Except as authorized by subchapter I of chapter 35 of title 5,
5 USC 3501. United States Code, changes in the salary class of a member of the
Senior Foreign Service or a member of the Service assigned to a
salary class in the Foreign Service Schedule shall be made only in
Post, p. 2094. accordance with chapter 6. The Secretary shall prescribe regulations
(which shall be consistent with the relevant provisions of subchapter
5 USC 5361. VI of chapter 53 of title 5, United States Code, and with the
regulations prescribed to carry out such provisions) providing for
retention of pay by members of the Service in cases in which
reduction-in-force procedures are applied.
22 USC 3965. SEC. 405. PERFORMANCE PAY.-(a) Members of the Senior Foreign
Service who are serving-
(1) under career or career candidate appointments, or
(2) under limited appointments with reemployment rights
under section 310 as career appointees in the Senior Executive
Service,
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2089
shall be eligible to compete for performance pay in accordance with
this section. Performance pay shall be paid in a lump sum and shall
be in addition to the basic salary prescribed under section 402 and
any other award. The fact that a member of the Senior Foreign
Service competing for performance pay would, as a result of the
payment of such performance pay, receive compensation exceeding
the compensation of any other member of the Service shall not
preclude the award or its payment.
(b) Awards of performance pay shall take into account the criteria
established by the Office of Personnel Management for performance
awards under section 5384 of title 5, United States Code, and rank
awards under section 4507 of title 5, United States Code. Awards of Limitations.
performance pay under this section shall be subject to the following
limitations:
(1) Not more than 50 percent of the members of the Senior
Foreign Service may receive performance pay in any fiscal year.
(2) Except as provided in paragraph (3), performance pay for a
member of the Senior Foreign Service may not exceed 20 percent
of the annual rate of basic salary for that member.
(3) Not more than 6 percent of the members of the Senior
Foreign Service may receive performance pay in any fiscal year
in an amount which exceeds the percentage limitation specified
in paragraph (2). Payments under this paragraph to a member of
the Senior Foreign Service may not exceed $10,000 in any fiscal
year, except that payments of up to $20,000 in any fiscal year
may be made under this paragraph to up to 1 percent of the
members of the Senior Foreign Service.
(4) The total amount of basic salary plus performance pay
received in any fiscal year by any member of the Senior Foreign
Service may not exceed the salary payable for level I of the
Executive Schedule under section 5312 of title 5, United States
Code, as in effect at the end of that fiscal year.
(c) The Secretary shall determine the amount of performance pay
available under subsection (b)(2) each year for distribution among the
members of the Senior Foreign Service and shall distribute perform-
ance pay to particular individuals on the basis of recommendations
by selection boards established under section 602.
(d) The President may grant awards of performance pay under Meritorious or
subsection (b)(3) on the basis of annual recommendations by the sea aromas.
Secretary of State of members of the Senior Foreign Service who are
nominated by their agencies as having performed especially meritori-
ous or distinguished service. Recommendations by the Secretary of
State under this subsection shall be made on the basis of recommen-
dations by special interagency selection boards established by the
Secretary of State for the purpose of reviewing and evaluating the
nominations of agencies.
SEC. 406. WITHIN-CLASS SALARY INCREASES.-(a) Any member of the 22 USC 3966.
Service receiving a salary under the Foreign Service Schedule shall
be advanced to the next higher salary step in the member's class at
the beginning of the first applicable pay period following the comple-
tion by that member of a period of-
(1) 52 calendar weeks of service in each of salary steps 1
through 9, and
(2) 104 calendar weeks of service in each of salary steps 10
through 13,
unless the performance of the member during that period is found in
a review by a selection board established under section 602 to fall
below the standards of performance for his or her salary class.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2090 PUBLIC LAW 96-465-OCT. 17, 1980
U.S. and foreign
nationals
employed
abroad.
22 USC 3968.
(b) The Secretary may grant, on the basis of especially meritorious
service, to any member of the Service receiving an increase in salary
under subsection (a), an additional salary increase to any higher step
in the salary class in which the member is serving.
SEC. 407. SALARIES FOR FOREIGN SERVICE PERSONNEL ABROAD WHO
PERFORM ROUTINE DUTIES.-(a) The Secretary may establish salary
rates at rates lower than those established for the Foreign Service
Schedule for the Foreign Service personnel described in subsection
(b). The rates established under this subsection may be no less than
the then applicable minimum wage rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
(b) The Secretary may pay Foreign Service personnel who are
recruited abroad, who are not available or are not qualified for
assignment to another Foreign Service post, and who perform duties
of a more routine nature than are generally performed by Foreign
Service personnel assigned to class 9 in the Foreign Service Schedule,
in accordance with the salary rates established under subsection (a).
SEC. 408. LOCAL COMPENSATION PLANS.-(01) The Secretary shall
establish compensation (including position classification) plans for
foreign national employees of the Service, and for United States
citizens employed in the Service abroad who are family members of
Government employees. To the extent consistent with the public
interest, each compensation plan shall be based upon prevailing wage
rates and compensation practices (including participation in local
social security plans) for corresponding types of positions in the
locality of employment, except that such compensation plans shall
provide for payment of wages to those family members of Govern-
ment employees who are paid in accordance with such plans at a rate
which is no less than the then applicable minimum wage rate
specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)). Any compensation plan established under this
section may include provision for leaves of absence with pay for
foreign national employees in accordance with prevailing law and
employment practices in the locality of employment. without regard
to any limitation contained in section 6310 of title 5, United States
Code.
(2) The Secretary may make supplemental payments to any civil
service annuitant who is a former foreign national employee of the
Service (or who is receiving an annuity as a survivor of a former
foreign national employee of the Service) in order to offset exchange
rate losses, if the, annuity being paid such annuitant is based on-
(A) a salary that was fixed in a foreign currency that has
appreciated in value in terms of the United States dollar; and
(B) service in a country in which (as determined by the
Secretary) the average retirement benefits being received by
individuals who retired from competitive local organizations are
superior to the local currency value of civil service annuities
plus any other retirement benefits payable to foreign national
employees who retired during similar time periods and after
comparable careers with the Government.
(b) For the purpose of performing functions abroad, any agency or
other Government establishment (including any establishment in the
legislative or judicial branch) may administer employment programs
for its employees who are foreign nationals or are family members of
Government employees assigned abroad, in accordance with the
applicable provisions of this Act.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2091
(c) The Secretary of State may prescribe regulations governing the Regulations.
establishment and administration of local compensation plans under
this section by all agencies and other Government establishments.
SEC. 409. SALARIES OF CONSULAR AGENTS.-The Secretary of State 22 USC 3969.
shall establish the salary rate for each consular agent. Such salary
rate shall be established after taking into account the workload of the
consular agency and the prevailing wage rates in the locality where
the agency is located, except that, in the case of a consular agent who
is a citizen of the United States, the salary rate may not be less than
the then applicable minimum wage rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(aXl)).
SEC. 410. COMPENSATION FOR IMPRISONED FOREIGN NATIONAL 22 USC 3970.
EMPLOYEES.-(a) The head of any agency or other Government
establishment (including any in the legislative or judicial branch)
may compensate any current or former foreign national employee, or
any foreign national who is or was employed under a personal
services contract, who is or has. been imprisoned by a foreign
government if the Secretary of State (or, in the case of a foreign
national employed by the Central Intelligence Agency, the Director
of Central Intelligence) determines that such imprisonment is the
result of the employment of the foreign national by the United States.
Such compensation may not exceed the amount that the agency head
determines approximates the salary and other benefits to which the
foreign national would have been entitled had he or she been
employed during the period of such imprisonment. Such compensa-
tion may be paid under such terms and conditions as the Secretary of
State deems appropriate. For purposes of this section, an agency head
shall have the same powers with respect to imprisoned foreign
nationals who are or were employed by the agency as an agency head
has under subchapter VII of chapter 55 of title 5, United States Code, 5 USC 5561.
to the extent that such powers are consistent with this section.
(b) Any period of imprisonment of a current or former foreign
national employee which is compensable under this section shall be
considered for purposes of any other employee benefit to be a period
of employment by the Government, except that a period of imprison-
ment shall not be creditable-
(1) for purposes of subchapter III of chapter 83 of title 5, United 5 USC 8331.
States Code, unless it is expressly creditable under that sub-
chapter; or
(2) for purposes of subchapter I of chapter 81 of title 5, United 5 USC 8101.
States Code, unless the individual was employed by the Govern-
ment at the time of his or her imprisonment.
(c) No compensation or other benefit shall be awarded under this
section unless a claim therefor is filed within 3 years after-
(1) the termination of the period of imprisonment giving rise to
the claim, or
(2) the date of the claimant's first opportunity thereafter to file
such a claim, as determined by the appropriate agency head.
(d) The Secretary of State may prescribe regulations governing
payments under this section by all agencies and other Government
establishments.
SEC. 411. TEMPORARY SERVICE AS PRINCIPAL OFFICER.-For such Salary.
time (in excess of such minimum period as the Secretary of State may 22 USC 3971.
establish) as any member of the Service is temporarily in charge of a
Foreign Service post during the absence or incapacity of the principal
officer, that member shall receive, in addition to the basic salary paid
to the member and notwithstanding sections 5535 and 5536 of title 5,
United States Code, an amount equal to that portion (which the
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2092 PUBLIC LAW 96-465-OCT. 17, 1980
Secretary of State may determine to be appropriate) of the difference
between such salary and the basic salary provided for the principal
officer, or, if there is no principal officer, for the former principal
officer.
22 USC 3972. SEC. 412. SPECIAL DIFFERENTIALS.-(a) The Secretary may pay
special differentials, in addition to compensation otherwise author-
ized, to Foreign Service officers who are required because of the
nature of their assignments to perform additional work on a regular
basis in substantial excess of normal requirements.
Submittal to (b) Before implementing any proposal to limit either the number of
congressional Foreign Service officers who may receive a special differential under
committees. subsection (a) or the amounts of such special differentials, the
Secretary shall submit such proposal to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
Compensatory (c) Nothing in this Act, or in subchapter V of chapter 55 of title 5,
time. United States Code, shall preclude the granting of compensatory time
5 USC 5541. off for Foreign Service officers.
22 USC 3973. SEC. 413. DEATH GRATurrY.-(a) The Secretary may provide for
payment of a gratuity to the surviving dependents of any Foreign
Service employee, who dies as a result of injuries sustained in the
performance of duty abroad, in an amount equal to one year's salary
at the time of death. Any death gratuity payment made under this
section shall be held to have been a gift and shall be in addition to any
other benefit payable from any source.
(b) A death gratuity payment shall be made under this section only
if the survivor entitled to payment under subsection (c) is entitled to
elect monthly compensation under section 8133 of title 5, United
States Code, because the death resulted from an injury (excluding a
disease proximately caused by the employment) sustained in the
performance of duty, without regard to whether such survivor elects
to waive compensation under such section 8133.
(c) A death gratuity payment under this section shall be made as
follows:
(1) First, to the widow or widower.
(2) Second, to the child, or children in equal shares, if there is
no widow or widower.
(3) Third, to the dependent parent, or dependent parents in
equal shares, if there is no widow, widower, or child.
If there is no survivor entitled to payment under this subsection, no
payment shall be made.
Definitions. (d) As used in this section-
(1) the term "Foreign Service employee" means any member of
the Service or United States representative to an international
organization or commission; and
each of the terms "widow"? "widower", "child", and
"parent" shall have the same meaning given each such term by
section 8101 of title 5, United States Code.
CHAPTER 5-CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
22 USC 3981. SEC. 501. CLASSIFICATION OF PosrrIONS.-The Secretary shall desig-
nate and classify positions in the Department and at Foreign Service
posts which are to be occupied by members of the Service (other than
by chiefs of mission and ambassadors.at large). Positions designated
under this section are excepted from the competitive service. Position
classifications under this section shall be established, without regard
5 USC 5101 et to chapter 51 of title 5, United States Code, in relation to the salaries
seq.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2093
established under chapter 4. In classifying positions at Foreign Ante, p. 2087.
Service posts abroad, the Secretary shall. give appropriate weight to
job factors relating to service abroad and to the compensation
practices applicable to United States citizens employed abroad by
United States corporations.
SEC. 502. ASSIGNMENTS TO FOREIGN SERVICE POSITIONS.-(a)(1) The 22 USC 3982.
Secretary (with the concurrence of the agency concerned) may assign
a member of the Service to any position classified under section 501 in
which that member is eligible to serve (other than as chief of mission
or ambassador at large), and may assign a member from one such
position to another such position as the needs of the Service may
require.
(2) In making assignments under paragraph (1), the Secretary shall
assure that a member of the Service is not assigned to a position at a
post in a particular geographic area exclusively on the basis of the
race, ethnicity, or religion of that member.
(b) Positions designated as Foreign Service positions normally shall
be filled by the assignment of members of the Service to those
positions. Subject to that limitation-
(1) Foreign Service positions may be filled by the assignment
for specified tours of duty of employees of the Department and,
under interagency agreements, employees of other agencies; and
(2) Senior Foreign Service positions may also be filled by other
members of the Service.
(c) The President may assign a career member of the Service to
serve as charge d'affaires or otherwise as the head of a mission (or as
the head of a United States office abroad which is designated under
section 102(a)(3) by the Secretary of State as diplomatic in nature) for
such period as the public interest may require.
SEC. 503. ASSIGNMENTS TO AGENCIES, INTERNATIONAL ORGANIZA- 22 USC 3983.
TIONS, AND OTHER BODIES.-(a) The Secretary may (with the concur-
rence of the agency, organization, or other body concerned) assign a
member of the Service for duty-
(1) in a non-Foreign Service (including Senior Executive Serv-
ice) position in the Department or another agency, or with an
international organization, international commission, or other
international body;
(2) with a domestic or international trade, labor, agricultural,
scientific, or other conference, congress, or gathering;
(3) for special instruction, training, or orientation at or with a
public or private organization; and
(4) in the United States (or in any territory or possession of the
United States or in the Commonwealth of Puerto Rico), with a
State or local government, a public or private nonprofit organiza-
tion (including an educational institution), or a Member or office
of the Congress.
(b)(1) The salary of a member of the Service assigned under this
section shall be the higher of the salary which that member would
receive but for the assignment under this section or the salary of the
position to which that member is assigned.
(2) The salary of a member of the Service assigned under this Salary.
section shall be paid from appropriations made available for the
payment of salaries and expenses of the Service. Such appropriations
may be reimbursed for all or any part of the costs of salaries and
other benefits for members assigned under this section.
(3) A member of the Service assigned under subsection (a)(4) to a
Member or office of the Congress shall be deemed to be an employee
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2094 PUBLIC LAW 96-465-OCT. 17, 1980
of the House of Representatives or the Senate, as the case may be, for
purposes of payment of travel and other expenses.
Duration (c) Assignments under this section may not exceed four years of
limitation. continuous service for any member of the Service unless the Secre-
tary approves an extension of such period for that member because of
special circumstances.
22 USC 3984. SEC. 504. SERVICE IN THE UNITED STATES AND ABROAD.-(a) Career
members of the Service shall be obligated to serve abroad and shall be
expected to serve abroad for substantial portions of their careers. The
Secretary shall establish by regulation limitations upon assignments
of members of the Service within the United States. A member of the
Service may not be assigned to duty within the United States for any
period of continuous service exceeding eight years unless the Secre-
tary approves an extension of such period for that member because of
special circumstances. .
(b) Consistent with the needs of the Service, the Secretary shall
seek to assign each career member of the Service who is a citizen of
the United States to duty within the United States at least once
during each period of fifteen years that the member is in the Service.
Sabbatical. (c) The Secretary may grant a sabbatical to a career member of the
Senior Foreign Service for not to exceed eleven months in order to
permit the member to engage in study or uncompensated work
experience which will contribute to the development and effective-
ness of the member. A sabbatical may be granted under this subsec-
tion .under conditions specified by the Secretary in light of the
provisions of section 3396(c) of title 5, United States Code, which
apply to sabbaticals granted to members of the Senior Executive
Service.
22 USC 3985. SEC. 505. TEMPORARY DETAILS.-A period of duty of not more than
six months in duration by a member of the Service shall be consid-
ered a temporary detail and shall not be considered an assignment
within the meaning of this chapter.
CHAPTER 6-PROMOTION AND RETENTION
22 USC 4001. SEC. 601. PROMOTIONS.-(a) Career members of the Senior Foreign
Service are promoted by appointment under section 302(a) to a higher
salary class in the Senior Foreign Service. Members of the Senior
Foreign Service serving under career candidate appointments or
noncareer appointments are promoted by appointment under section
303 to a higher salary class in the Senior Foreign Service. Foreign
Service officers, and Foreign Service personnel who are assigned to a
class in the Foreign Service Schedule, are promoted by appointment
under section 302(a) as career members of the Senior Foreign Service
or by assignment under section 404 to a higher salary class in the
Foreign Service Schedule.
(b) Except as provided in section 606(a), promotions of-
(1) members of the Senior Foreign Service, and
(2) members of the Service assigned to a salary class in the
Foreign Service Schedule (including promotions of such members
into the Senior Foreign Service),
shall be based upon the recommendations and rankings of selection
boards established under section 602, except that the. Secretary may
by regulation specify categories of career members, and categories of
career candidates, assigned to salary classes in the Foreign Service
Schedule who may receive promotions on the basis of satisfactory
performance.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2095
(c)(1) Promotions into the Senior Foreign Service shall be recom- Senior Foreign
mended by selection boards only from among career members of the Service!
Service assigned to class 1 in the Foreign Service Schedule who retenttion and
request that they be considered for promotion into the Senior Foreign
Service. The Secretary shall prescribe the length of the period after
such a request is made (within any applicable time in class limitation
established under section 607(a)) during which such members may be
considered by selection boards for entry into the Senior Foreign
Service. A request by a member for consideration for promotion into
the Senior Foreign Service under this subsection may be withdrawn
b the member, but if it is withdrawn, that member may not
thereafter request consideration for promotion into the Senior For-
eign Service.
(2) Decisions by the Secretary on the numbers of individuals to be
promoted into and retained in the Senior Foreign Service shall be
based upon a systematic long-term projection of personnel flows and
needs designed to provide-
(A) a regular, predictable flow of recruitment in the Service;
(B) effective career development patterns to meet the needs of
the Service; and
(C) a regular, predictable flow of talent upward through the
ranks and into the Senior Foreign Service.
(3) The affidavit requirements of sections 3332 and 3333(a) of title 5,
United States Code, shall not apply with respect to a member of the
Service who has previously complied with those requirements and
who subsequently is promoted by appointment to any class in the
Senior Foreign Service without a break in service.
SEC. 602. SELECTION BOARDS.-(a) The Secretary shall establish Establishment.
selection boards to evaluate the performance of members of the 22 USC 4002.
Senior Foreign Service and members of the Service assigned to a
salary class in the Foreign Service Schedule. Selection boards shall,
in accordance with precepts prescribed by the Secretary, rank the
members of a salary class on the basis of relative performance and
may make recommendations for-
(1) promotions in accordance with section 601;
(2) awards of performance pay under section 405(c);
(3) denials of within-class step increases under section 406(a);
(4) offer or renewal of limited career extensions under section
607(b); and
(5) such other actions as the Secretary may prescribe by
regulation.
(b) All selection boards established under this section shall include
public members. The Secretary shall assure that a substantial
number of women and members of minority groups are appointed to
each selection board established under this section.
SEC. 603. BASIS FOR SELECTION BOARD REVIEW.-(a) Recommenda- 22 USC 4003.
tions and rankings by selection boards shall be based upon records of
the character, ability, conduct, quality of work, industry, experience,
dependability, usefulness, and general performance of members of
the Service. Such records may include reports prepared by or on
behalf of the Inspector General of the Department of State and the
Foreign Service, performance evaluation reports of supervisors, rec-
ords of commendations, reports of language test scores from the
Foreign Service Institute, awards, reprimands, and other disciplinary
actions, and (with respect to members of the Senior Foreign Service)
records of current and prospective assignments.
(b) Precepts for selection boards shall include a description of the
needs of the Service for performance requirements, skills, and quali-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2096 PUBLIC LAW 96-465'-OCT. 17, 1980
ties, which are to be considered in recommendations for promotion.
The precepts for selection boards responsible for recommending
promotions into and within the Senior Foreign Service shall empha-
size performance which demonstrates the strong policy formulation
capabilities, executive leadership qualities, and highly developed
functional and area expertise, which are required for the Senior
Foreign Service.
22 USC 4004. SEC. 604. CONFIDENTIALITY OF RECORDS.-The records described in
section 603(a) shall be maintained in accordance with regulations
prescribed by the Secretary. Except to the extent that they pertain to
the receipt, disbursement, and accounting for public funds, such
records shall be confidential and subject to inspection only by the
President, the Secretary, such employees of the Government as may
be authorized by law or assigned by the Secretary to work on such
records, the legislative and appropriations committees of the Con-
gress charged with considering legislation and apppropriations for the
Service, and representatives duly authorized by such committees.
Access to such records relating to a member of the Service shall be
granted to such member, upon written request.
22 USC 4005. SEC. 605. IMPLEMENTATION OF SELECTION BOARD RECOMMENDA-
TIONS.-(a) Recommendations for promotion made by selection boards
shall be submitted to the Secretary in rank order by salary class or in
rank order by specialization within a salary class. The Secretary shall
make promotions and, with respect to career appointments into or
within the Senior Foreign Service, shall make recommendations to
the President for promotions, in accordance with the rankings of the
selection boards.
(b) Notwithstanding subsection (a), in special circumstances set
forth by regulation, the Secretary may remove the name of an
individual from the rank order list submitted by a selection board or
delay the promotion of an individual named in such a list.
22 USC 4006. SEC. 606. OTHER BASES FOR INCREASING PAY.-(a) The Secretary
may pursuant to a recommendation of the Foreign Service Grievance
Board, an equal employment opportunity appeals examiner, or the
Special Counsel of the Merit Systems Protection Board, and shall
pursuant to a decision or order of the Merit Systems Protection
Board-
(1) recommend to the President a promotion of a member of the
Service under section 302(a);
(2) promote a member of the Service under section 303;
(3) grant performance pay to a member of the Senior Foreign
Service under section 405(c); or
(4) grant a within-class salary increase under section 406 to a
member of the Service who is assigned to a salary class in the
Foreign Service Schedule.
(b) In implementing subsection (a) of this section and in cases in
which the Secretary has exercised the authority of section 605(b), the
Secretary may, in special circumstances set forth by regulation, make
retroactive promotions, grant performance pay, make retroactive
within-class salary increases, and recommend retroactive promotions
by the President.
22 USC 4007. SEC. 607. RETIREMENT FOR EXPIRATION OF TIME IN CI.Ass.-(a)(1) The
Secretary shall, by regulation, establish maximum time in class
limitations for-
(A) career members of the Senior Foreign Service,
(B) Foreign Service officers, and
(C) other career members of the Service who are in such
occupational categories as may be designated by the Secretary
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2097
and who are assigned to salary classes in the Foreign Service
Schedule to which Foreign Service officers may also be assigned.
(2) Maximum time in class limitations under this subsection (which
may not be less than 8 years for career members of the Senior Foreign
Service) may apply with respect to the time a member may remain in
a single salary class or in a combination of salary classes.
(3) The Secretary may, by regulation, increase or decrease any Maximum time
maximum time in class established under this subsection as the needs in class,
of the Service may require. If maximum time in class is decreased, increases or
the Secretary shall provide any member of the Service who is in a decreases.
category and salary class subject to the new time in class limitation
an opportunity to remain in class (notwithstanding the new limita-
tion) for a period which is at least as long as the shorter of
(A) the period which the member would have been permitted to
remain in class but for the decrease in maximum time in class, or
(B) such minimum period as the Secretary determines is
necessary to provide members of the Service who are in the same
category and salary class as that member a reasonable opportu-
nity to be promoted into the next higher class or combination of
classes, as the case may be.
(b) Members of the Service whose maximum time in class under Limited career
subsection (a) expires- extensions.
(1) after they have attained the highest salary class for their
respective occupational categories, or
(2) in the case of members of the Senior Foreign Service, while
they are in salary classes designated by the Secretary,
may continue to serve only under limited extensions of their career
appointments. Such limited extensions may not exceed 5 years in
duration and may be granted and renewed by the Secretary in
accordance with the recommendations of selection boards established
under section 602. Members of the Service serving under such limited
career extensions shall continue to be career members of the Service.
(c) Any member of the Service- Retirement.
(1) whose maximum time in class under subsection (a) expires
and who is not promoted to a higher class or combination of
classes, as the case may be, or
(2) whose limited career extension under subsection (b) expires
and is not renewed,
shall be retired from the Service and receive benefits in accordance
with section 609, subject to any career extension under subsection (d)
of this section.
(d) Notwithstanding any other provision of this section- Extension
(1) the career appointment of a member of the Service whose Provisions.
maximum time in class under subsection (a) expires, or whose
limited career extension under subsection (b) expires, while that
member is occupying a position to which he or she was appointed
by the President, by and with the advice and consent of the
Senate, shall be extended until the appointment to that position
is terminated; and
(2) if the Secretary determines it to be in the public interest,
the Secretary may extend temporarily the career appointment of
a career member of the Service whose maximum time in class or
limited career extension expires, but in no case may any exten-
sion under this paragraph exceed one year and such extensions
may be granted only in special circumstances.
SEC. G. RETIREMENT BASED ON RELATIVE PERFORMANCE.-(a) The Performance
Secretary shall prescribe regulations concerning the standards of standards and
performance to be met by revie career members of the Service who are revie inistrative
w.
22 USC 4008.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2098 PUBLIC LAW 96=465-OCT. 17, 1980
citizens of the United States. Whenever a selection board review
indicates that the performance of such a career member of the
Service may not meet the standards of performance for his or her
class, the Secretary shall provide for administrative review of the
performance of the member. The review shall include an opportunity
for the member to be heard.
(b) In any case where the administrative review conducted under
subsection (a) substantiates that a career member of the Service has
failed to meet the standards of performance for his or her class, the
member shall be retired from the Service and receive benefits in
accordance with section 609.
22 USC 4009. SEC. 609. RETIREMENT BENEFITS.-(a) A member of the Service-
(1) who is retired under section 607(cX2); or
(2) who is retired under section 607(c)(1) or 608(b)-
(A) after becoming eligible for voluntary retirement under
section 811, or
(B) from the Senior Foreign Service or while assigned to
class 1 in the Foreign Service Schedule,
shall receive retirement benefits in accordance with section 806.
(b) Any member of the Service (other than a member to whom
subsection (a) applies) who is retired under section 607(c)(1) or 608(b)
shall receive-
(1) one-twelfth of a year's salary at his or her then current
salary rate for each year of service and proportionately for a
fraction of a year, but not exceeding a total of one year's salary at
his or her then current salary` rate, payable without interest
from the Foreign Service Retirement and Disability Fund in 3
equal installments, such installments to be paid on January 1 of
each of the first 3 calendar years beginning after the retirement
of the member (except that in special cases, the Secretary of
State may accelerate or combine such installments); and
(2) a refund as provided in section 815 of the contributions
made by the member to the Foreign Service Retirement and
Disability Fund, except that in lieu of such refund a member who
has at least 5 years of service credit toward retirement under the
Foreign Service Retirement and Disability System (excluding
military and naval service) may elect to receive an annuity,
computed under section 806, commencing at age 60.
In the event that a member of the Service has elected to receive
retirement benefits under paragraph (2) and dies before reaching age
60, his or her death shall be considered a death in service within the
meaning of section 809.
22 USC 4010. SEC. 610. SEPARATION FOR CAUSE.-(a)(1) The Secretary may sepa-
rate any member from the Service for such cause as will promote the
efficiency of the Service.
Hearing. (2) A member of the Service who is a member of the Senior Foreign
Service or is assigned to a salary class in the Foreign Service
Schedule and who either (A) is serving under a career appointment,
or (B) if separation is to be by reason of misconduct, is serving under a
limited appointment, shall not be separated from the Service under
this section until the member has been granted a hearing before the
Foreign Service Grievance Board and the cause for separation estab-
lished at such hearing, unless the member waives in writing the right
to a hearing. The hearing provided under this paragraph shall be in
accordance with the hearing procedures applicable to grievances
Ante, p. 2145. under section 1106 and shall be in lieu of any other administrative
procedure authorized or required by this or any other law.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2099
(b) Any participant in the Foreign Service Retirement and Disabil- Refund or
ity System who is separated under subsection (a) shall be entitled to annuity election.
receive a refund as provided in section 815 of the contributions made
by the participant to the Foreign Service Retirement and Disability
Fund. Except in cases where the Secretary determines that separa-
tion was based in whole or in part on the ground of disloyalty to the
United States, a participant who has at least 5 years of service credit
toward retirement under the Foreign Service Retirement and Dis-
ability System (excluding military and naval service) may elect, in
lieu of such refund, to an annuity, computed under section 806,
commencing at age 60.
SEC. 611. TERMINATION OF LIMITED APPOINTMENTS.-EXCept as 22 USC 4011.
provided in section 610(a)(2), the Secretary may terminate at any
time the appointment of any member of the Service serving under a
limited appointment who is in the Senior Foreign Service, who is
assigned to a salary class in the Foreign Service Schedule, or who is a
family member of a Government employee serving under a local
compensation plan established under section 408.
SEC. 612. TERMINATION OF APPOINTMENTS OF CONSULAR AGENTS 22 USC 4012.
AND FOREIGN NATIONAL EMPLOYEES.-(a) The Secretary of State may
terminate at any time the appointment of any consular agent in light
of the criteria and procedures normally followed in the locality in
similar circumstances.
(b) The Secretary may terminate at any time the appointment of
any foreign national employee in light of the criteria and procedures
normally followed in the locality in similar circumstances.
SEC. 613. FOREIGN SERVICE AWARDS.-The President shall establish
a system of awards to confer appropriate recognition of outstanding Establishment.
contributions to the Nation by members of the Service. The awards 22 USC 4013.
system established under this section shall provide for presentation
by the President and by the Secretary of medals or other suitable
commendations for performance in the course of or beyond the call of
duty which involves distinguished, meritorious service to the Nation,
including extraordinary valor in the face of danger to life or health.
CHAPTER 7-FOREIGN SERVICE INSTITUTE, CAREER DEVELOPMENT,
TRAINING, AND ORIENTATION
SEC. 701. FOREIGN SERVICE INSTITUTE.-(a) The Secretary of State 22 USC 4021.
shall maintain and operate the Foreign Service Institute (hereinafter
in this chapter referred to as the "Institute"), originally established
under section 701 of the Foreign Service Act of 1946, in order to 22 USC 1041.
promote career development within the Service and to provide
necessary training and instruction in the field of foreign relations to
members of the Service and to employees of the Department and of
other agencies. The Institute shall be headed by a Director, who shall
be ointed by the Secretary of State.
Mo the extent practicable, the Secretary of State shall provide
training under this chapter which meets the needs of all agencies,
and other agencies shall avoid duplicating the facilities and train-
ing provided by the Secretary of State through the Institute and
otherwise.
SEC. 702. FOREIGN LANGUAGE REQUIREMENTS.-(a) The Secretary 22 USC 4022.
shall establish foreign language proficiency requirements for mem-
bers of the Service who are to be assigned abroad in order that
Foreign Service posts abroad will be staffed by individuals having a
useful knowledge of the language or dialect common to the country in
which the post is located.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2100 PUBLIC LAW 96-465-OCT. 17, 1980
(b) The Secretary of State shall arrange for appropriate language
training of members of the Service by the Institute or otherwise in
order to assist in meeting the requirements established under subsec-
tion (a).
SEC. 703. CAREER DEVELOPMENT.-(a) The Secretary shall establish,
a professional development program to assure that members of the
Service obtain the skills and knowledge required at the various stages
of their careers. With regard to Foreign Service officers, primary
attention shall be given to training for career candidate officers and
for midcareer officers, both after achieving tenure and as they
approach eligibility for entry to the Senior Foreign Service, to
enhance and broaden their qualifications for more senior levels of
responsibility in the Service. Training for other members of the
Service shall emphasize programs designed to enhance their particu-
lar skills and expert knowledge, including development of the man-
agement skills appropriate to their occupational categories.
(b) Junior Foreign Service officer training shall be directed primar-
ily toward providing expert knowledge in the basic functions of
analysis and reporting as well as in consular, administrative, and
linguistic skills relevant to the full range of future job assignments.
Midcareer training shall be directed: primarily toward development
and perfection of management, functional, negotiating, and policy
development skills to prepare the officers progressively for more
senior levels of responsibility.
(c) At each stage the program of professional development should
be designed to provide members of the Service with the opportunity
to acquire skills and knowledge relevant to clearly established
professional standards of expected' performance. Career candidates
should satisfactorily complete candidate training prior to attainment
of career status. Members of the Service should satisfactorily com-
plete midcareer training before appointment to the Senior Foreign
Service.
University (d) In formulating programs under this section, the Secretary
degree credit. should establish a system to provide, insofar as possible, credit toward
university degrees for successful completion of courses comparable to
graduate-level, university courses.
(e) Training provided under this section shall be conducted by the
Department and by other governmental and nongovernmental insti-
tutions as the Secretary may consider appropriate.
Report to (f) The Secretary of State shall report annually to the Congress and
Congress and the President on the status of the professional evelopment program
President. and the resources needed and made available to achieve it. The first
such report, to be submitted 90 days after the effective date of this
Act, shall set out the resources required to initiate successfully the
program established pursuant to this section.
22 USC 4024. SEC. 704. TRAINING AuTHORrrIEs.-(a) In the exercise of functions
under this chapter, the Secretary of State may-
(1) provide for the general nature of the training and instruc-
tion to be furnished by the Institute, including functional and
geographic area specializations;
(2) correlate training and instruction furnished by the Insti-
tute with courses given at other Government institutions and at
private institutions which furnish training and instruction
useful in the field of foreign affairs;
(3) encourage and foster programs complementary to those
furnished by the Institute, including through grants and other
gratuitous assistance to nonprofit institutions cooperating in any
of the programs under this chapter;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2101
(4)(A) employ in accordance with the civil service laws such
personnel as may be necessary to carry out the provisions of this
chapter, and
(B) if and to the extent determined to be necessary by the
Secretary of State, obtain without regard to the provisions of law
governing appointments in the competitive service, by appoint-
ment or contract (subject to the availability of appropriations),
the services of individuals to serve as language instructors,
linguists, and other academic and training specialists (including,
in the absence of suitably qualified United States citizens,
qualified individuals who are not citizens of the United States);
and
(5) acquire such real and personal property and equipment as
may be necessary for the establishment, maintenance, and
operation of the facilities necessary to carry out the provisions of
this chapter without regard to section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5) and section 302 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 252).
(b) In furtherance of the objectives of this Act, the Secretary may-
(1) pay the tuition and other expenses of members of the
Service and employees of the Department who are assigned or
detailed in accordance with law for special instruction or train-
ing, including orientation, language, and career development
training;
(2) pay the salary (excluding premium pay or any special
differential under section 411) of members of the Service selected
and assigned for training; and
(3) provide special monetary or other incentives to encourage
members of the Service to acquire or retain proficiency in foreign
languages or special abilities needed in the Service.
(c) The Secretary may provide to family members of members of the Orientation and
Service or of employees of the Department or other agencies, in training for
anticipation of their assignment abroad or while abroad- family members.
(1) appropriate orientation and language training; and
(2) functional training for anticipated prospective employment
under section 311.
SEC. 705. TRAINING Giwi'rs.-(a) To facilitate training provided to 22 USC 4025.
members of families of Government employees under this chapter,
the Secretary may make grants (by advance payment or by reim-
bursement) to family members attending approved programs of
study. No such grant may exceed the amount actually expended for
necessary costs incurred in conjunction with such attendance.
(b) If a member of the Service who is assigned abroad, or a member Language
of his or her family, is unable to participate in language training training,
s8tion.
furnished by the Government through the Institute or otherwise, the
Secretary may compensate that individual for all or part of the costs
of language training, related to the. assignment abroad, which is
undertaken at a public or private institution.
SEC. 706. CAREER COUNSELING.-(a) In order to facilitate their 22 USC 4026.
transition from the Service, the Secretary may provide (by contract
or otherwise, subject to the availability of appropriations) profes-
sional career counseling, advice, and placement assistance to mem-
bers of the Service, and to former members of the Service who were
assigned to receive counseling and assistance under this subsection
before they were separated from the Service, other than those
separated for cause.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2102 PUBLIC LAW 96-465-OCT.. 17, 1980,
Employment of (b)(1) The Secretary may facilitate the employment of spouses of
spouses. members of the Service by-
(A) providing regular career counseling for such spouses;
(B) maintaining a centralized system for cataloging their skills
and the various governmental and nongovernmental employ-
ment opportunities available to them; and
(C) otherwise assisting them in obtaining employment.
Family liaison (2) The Secretary shall establish a family liaison office to carry out
office, this subsection and such other functions as the Secretary may
establishment. determine.
CHAPTER 8-FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM
22 USC 4041. SEC. 801. ADMINISTRATION OF THE SYSTEM.-In accordance with
such regulations as the President may prescribe, the Secretary of
State shall administer the Foreign Service Retirement and Disability
System (hereinafter in this chapter referred to as the "System"),
originally established pursuant to section 18 of the Act of May 24,
22 USC 21. 1924 (43 Stat.144).
22 USC 4042. SEC. 802.? MAINTENANCE OF THE FUND.-The Secretary of the
Treasury shall maintain the special fund known as the Foreign
Service Retirement and Disability Fund (hereinafter in this chapter
referred to as the "Fund"), originally created by section 18 of the Act
22 USC 21. of May 24,1924 (43 Stat. 144).
22 USC 4043. SEC. 803. PARTICIPANTS.-(a) The following members of the Service
(hereinafter in this chapter referred to as "participants") shall be
entitled to the benefits of the System:
(1) Every member who is serving under a career appointment
or as a career candidate under section 306-
(A) in the Senior Foreign Service, or
(B) assigned to a salary class in the Foreign Service
Schedule.
(2) Every chief of mission, who is not a participant under
paragraph (1), who-
(A) has served as chief of mission for an aggregate period of ,
20 years or more, and
(B) has paid into the Fund a special contribution for each
year of such service in accordance with section 805.
(b) Any otherwise eligible member of the Service who is appointed
to a position in the executive branch by the President, by and with
the advice and consent of the Senate, or by the President alone, shall
not by virtue of the acceptance of such appointment cease to be
eligible to participate in the System.
Binational (c) In addition to the individuals who are participants in the System
Center Grantee, under subsection (a), any individual who was appointed as a Bina-
eligibility. tional Center Grantee and who completed at least 5 years of satisfac-
tory service as such a grantee or under any other appointment under
22 USC 801 note. the Foreign Service Act of 1946 may become a participant in the
System, and shall receive credit for such service if an appropriate
special contribution is made to the Fund in accordance with section
805(d) or (f).
22 USC 4044. SEC. 804. DEFINITIONS.-As used in this chapter, unless otherwise
specified, the term-
(1) "annuitant" means any individual, including a former
participant or survivor, who meets all requirements for an
annuity from the Fund under this or any other Act and who has
filed a claim for such annuity;
(2) "child" means an individual-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2103
(A) who-
(i) is an offspring or adopted child of the participant,
(ii) is a stepchild or recognized natural child of the
participant and who received more than one-half sup-
port from the participant, or
(iii) lived with the participant, for whom a petition of
adoption was filed by the participant, and who is
adopted by the surviving spouse of the participant after
the death of the participant;
(B) who is unmarried; and
(C) who-
(i) is under the age of 18 years,
(ii) is a student under the age of 22 years (for purposes
of this clause, an individual whose 22d birthday occurs
before July 1 or after August 31 of the calendar year in
which that birthday occurs, and while the individual is a
student, is deemed to become 22 years of age on the first
July 1 which occurs after that birthday), or
(iii) is incapable of self-support because of a physical
or mental disability which was incurred before the
individual reached the age of 18 years;
(3) "court" means any court of any State or of the District of
Columbia;
(4) "court order" means any court decree of divorce or annul-
ment, or any court order or court approved property settlement
agreement incident to any court decree of divorce or annulment;
(5) "Foreign Service normal cost" means the level percentage
of payroll required to be deposited in the Fund to meet the cost of
benefits payable under the System (computed in accordance with
generally accepted actuarial practice on an entry-age basis) less
the value of retirement benefits earned under another retire-
ment system for Government employees and less the cost of
credit allowed for military and naval service;
(6) "former spouse" means a former wife or husband of a
participant or former participant who was married to such
participant for not less than 10 years during periods of service by
that participant which are creditable under section 816;
(7) "Fund balance" means the sum of-
(A) the investments of the Fund calculated at par value,
plus
(B) the cash balance of the Fund on the books of the
Treasury;
(8) . "lump-sum credit" means the compulsory and special
contributions to the-credit of a participant or former participant
in the Fund plus interest on such contributions at 4 percent a
year compounded annually to December 31, 1976, and after such
'date, for a participant who separates from the Service after
completing at least 1 year of civilian service and before complet-
ing 5 years of such service, at the rate of 3 percent per year to the
date of separation (except that interest shall not be paid for a
fractional part of a month in the total service or on compulsory
and special contributions from an annuitant for recall service or
other service performed after the date of separation which forms
the basis for annuity);
(9) "military and naval service" means honorable active
service-
(A) in the Armed Forces of the United States,
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2104 PUBLIC LAW 96-465-OCT. 17, 1980
(B) in the Regular or Reserve Corps of the Public Health
Service after June 30, 1960, or
(C) as a commissioned officer of the National Oceanic and
Atmospheric Administration, or a predecessor organization,
after June 30, 1961,
but does not include service in the National Guard except when
ordered to active duty in the ' service of the United States;
(10) "pro rata share", in the case of any former spouse of any
participant or former participant, means a percentage which is
equal to the percentage that (A) the number of years during
which the former spouse was married to the participant during
the creditable service of that participant is of (B) the total
number of years of such creditable service;
(11) "spousal agreement" means any written agreement
between-
(A) a participant or former participant; and
(B) his or her spouse or former spouse;
(12) "student" means a child regularly pursuing a full-time
course of study or training in residence in a high school, trade
school, technical or vocational institute, junior college, college,
university, or comparable recognized educational institution (for
purposes of this paragraph, a child who is a student shall not be
deemed to have ceased to be a student during any period between
school years, semesters, or terms if the period of nonattendance
does not exceed 5 calendar months and if the child shows to the
satisfaction of the Secretary of State that he or she has a bona
fide intention of continuing to pursue his or her course of study
during the school year, semester, or term immediately following
such period);
(13) "surviving spouse" means the surviving wife or husband of
a participant or annuitant who, in the case of a death in service
or marriage after retirement, was married to the participant or
annuitant for at least one year immediately preceding his or her
death or is a parent of a child born of the marriage; and
(14) "unfunded liability" means the estimated excess of the
present value of all benefits payable from the Fund over the sum
of-
(A) the present value of deductions to be withheld from the
future basic salary of participants and of future agency
contributions to be made on their behalf, plus
(B) the present value of -Government payments to the
Fund under section 821, plus
(C) the Fund balance as of the date the unfunded liability
is determined.
SEC. 805. CONTRIBUTIONS TO THE FUND.-(a) 7 percent of the basic
salary received by each participant shall be deducted from the salary
and contributed to the Fund for the payment of annuities, cash
benefits, refunds, and allowances. An equal amount shall be contrib-
uted by the Department from the appropriations or fund used for
payment of the salary of the participant. The Department shall
deposit in the Fund the amounts deducted and withheld from basic
salary and the amounts contributed by the Department.
(b) Each participant shall be deemed to consent and agree to such
deductions from basic salary. Payment less such deductions shall be a
full and complete discharge and acquittance of all claims and
demands whatsoever for all regular services during the period
covered by such payment, except the right to the benefits to which
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2105
the participant shall be entitled under this Act, notwithstanding any
law, rule, or regulation affecting the salary of the individual.
(c)(1) If a member of the Service who is under another retirement Transfer of
system for Government employees becomes a participant in the funds.
System by direct transfer, the total contributions and deposits of that
member that would otherwise be refundable on separation (except
voluntary contributions), including interest thereon, shall be trans-
ferred to the Fund effective as of the date such member becomes a
? participant in the System. Each such member shall be deemed to
consent to the transfer of such funds, and such transfer shall be a
complete discharge and acquittance of all claims and demands
against the other Government retirement fund on account of service
rendered by such member prior to becoming a participant in the
System.
(2) A member of the Service whose contributions are transferred to
the Fund pursuant to paragraph (1) shall not be required to make
additional contributions for periods of service for which required
contributions were made to the other Government retirement fund;
nor shall any refund be made to any such member on account of
contributions made during any period to the other Government
retirement fund at a higher rate than that fixed by subsection (d).
Special
(d)(1) Any participant credited with civilian service after July 1,
contributio
1924-
(A) for which no retirement contributions, deductions, or
deposits have been made, or
(B) for which a refund of such contributions, deductions, or
deposits has been made which has not been redeposited,
may make a special contribution to the Fund equal to the following
percentages of basic salary received for such service:
Time of service:
Percent of
basic salary
July 1, 1924, through October 15, 1960, inclusive ............... :.............................
5
October 16, 1960, through December 31, 1969, inclusive .................................
64's
On and after January 1, 1970 ...............................................................................
7
(2) Notwithstanding paragraph (1), a special contribution for prior
nondeposit service as a National Guard technician which would be
creditable toward retirement under subchapter III of chapter 83 of
title 5, United States Code, and for which a special contribution has 5 USC 8331.
not been made, shall be equal to the special contribution for such
service computed in accordance with the schedule in paragraph (1)
multiplied by the percentage of such service that is creditable under
section 816.
(3) Special contributions under this subsection shall include inter- Interest.
est computed from the midpoint of each service period included in the
computation, or from the date refund was paid, to the date of
payment of the special contribution or commencing date of annuity,
whichever is earlier. Interest shall be compounded at the annual rate
of 4 percent to December 31, 1976, and 3 percent thereafter. No
interest shall be charged on special contributions for any period of
separation from Government service which began before October 1,
1956. Special contributions may be paid in installments (including by
allotment of pay) when authorized by the Secretary of State.
(e) Contributions shall not be required for any period of military Military and
and naval service or for any period for which credit is allowed to naval service,
individuals of Japanese ancestry under section 816 for periods of exemption.
internment during World War II..
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
ns.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2106 PUBLIC LAW 96-465-OCT. 17, 1980
(f) A participant or survivor may make a special contribution at
any time before receipt of annuity and may authorize payment by
offset against initial annuity accruals.
22 USC 4046. SEC. 806. COMPUTATION OF ANNUITIES.-(a) The annuity of a partici-
pant shall be equal to 2 percent of his or her average basic salary for
the highest 3 consecutive years of service multiplied by the number of
years, not exceeding 35, of service credit obtained in accordance with
sections 816 and 817, except that the highest 3 years of service shall
be used in computing the annuity of any participant who serves an
assignment in a position, as described in section 302(b), to which the
participant was appointed by the President and whose continuity of
service in that position is interrupted prior to retirement by appoint-
ment or assignment to any other position determined. by the Secre-
tary of State to be of comparable importance. In determining the
aggregate period of service upon which the annuity is to be based, the
fractional part of a month, if any, shall not be counted. The annuity
shall be reduced by 10 percent of any special contribution described in
section 805(d) which is due for service for which no contributions were
made and which remains unpaid unless the participant elects to
eliminate the service involved for purposes of annuity computation.
(bXl)(A) Except to the extent provided otherwise under a written
election under subparagraph (B) or (C), if at the time of retirement a
participant or former participant is married (or has a former spouse
who has not remarried before attaining age 60), the participant shall
receive a reduced annuity and provide a survivor annuity for his or
her spouse under this subsection or former spouse under section
814(b), or a combination of such annuities, as the case may be.
(B) At the time of retirement, a married participant or former
participant and his or her spouse may jointly elect in writing to waive
a survivor annuity for that spouse under this section (or under section
814(b) if the spouse later qualifies as a former spouse under section
804(6)), or to reduce such survivor annuity under this section (or
section 814(b)) by designating a portion of the annuity of the partici-
pant as the base for the survivor benefit. In the event the marriage is
dissolved following an election for such a reduced annuity and the
spouse qualifies as a former spouse, the base used in calculating any
annuity of the former spouse under section 814(b) may not exceed
the portion of the participant's annuity designated under this
subparagraph.
Waiver. (C) If a participant or former participant has a former spouse, the
participant and such former spouse may jointly elect by spousal
agreement under section 820(bxl) to waive a survivor annuity under
section 814(b) for that former spouse if the election is made (i) before
the end of the 12-month period after the divorce or annulment
involving that former spouse becomes final or (ii) at the time of
retirement, whichever occurs first.
(D) The Secretary of State may prescribe regulations under which a
participant or former participant may make an election under
subparagraph (B) or (C) without the participant's spouse or former
spouse if the participant establishes to the satisfaction of the Secre-
tary of State that the participant does not know, and has taken all
reasonable steps to determine, the whereabouts of the spouse or
former spouse.
(2) The annuity of a participant or former participant providing a
survivor benefit under this section (or section 814(b)), excluding any
portion of the annuity not designated or committed as a base for any
survivor annuity, shall be reduced by 2'/2 percent of the first $3,600
plus 10 percent of any amount over $3,600. The reduction under this
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2107
paragraph shall be calculated before any reduction under section
814(a)(5).
(3)(A) If a former participant entitled to receive a reduced annuity
under this subsection dies and is survived by a spouse, a survivor
annuity shall be paid to the surviving spouse equal to 55 percent of
the full amount of the participant's annuity computed under subsec-
tion (a), or 55 percent of any lesser amount elected as the base for the
survivor benefit under paragraph (1)(B).
(B) Notwithstanding subparagraph (A), the amount of the annuity
calculated under subparagraph (A) for a surviving spouse in any case
in which there is also a surviving former spouse of the participant
who qualifies for an annuity under section 814(b) may not exceed 55
percent of the portion (if any) of the base for survivor benefits which
remains available under section 814(b)(4)(B).
(C) An annuity payable from the Fund to a surviving spouse under
this paragraph shall commence on the day after the participant dies
and shall terminate on the last day of the month before the surviving
spouse's death or remarriage before attaining age 60. If such a
survivor annuity is terminated because of remarriage, it shall' be
restored at the same rate commencing on the date such remarriage is
terminated if any lump sum paid upon termination of the annuity is
returned to the Fund.
(c)(1) If an annuitant who was a participant dies and is survived by Children's
a spouse and by a child or children, in addition to the annuity payable annuity benefits.
to the surviving spouse, there shall be paid to or on behalf of each
child an annuity equal to the smaller of-
(A) $900, or
(B) $2,700 divided by the number of children.
(2) If an annuitant who was a participant dies and is not survived
by a spouse but by a child or children, each surviving child shall be
paid an annuity equal to the smaller of-
(A) $1,080, or
(B) $3,240 divided by the number of children.
(3) The amounts specified in this subsection are subject to-
(A) cost-of-living adjustments as specified under section
826(c)(3), and
(B) the minimum specified in subsection (1)(2) of this section.
(d) If a surviving spouse dies or the annuity of a child is terminated, Children's
the annuities of any remaining children shall be recomputed and annuities,
paid as though such spouse or child had not survived the participant. recotnputation.
If the annuity to a surviving child who has not been receiving an
annuity is initiated or resumed, the annuities of any other children
shall be recomputed and paid from that date as though the annuities
to all currently eligible children in the family were then being
initiated.
(e) The annuity payable to a child under subsection (c) or (d) shall
begin on the day after the participant dies, or if the child is not then
qualified, on the first day of the month in which the child becomes
eligible. The annuity of a child shall terminate on the last day of the
month which precees the month in which eligibility ceases.
U) At the time of retirement an unmarried participant who does Unmarried
not have a former spouse for whose benefit a reduction is made under participants,
subsection (b) may elect to receive a reduced annuity and to provide road on d annuity
for an annuity equal to 55 percent of the reduced annuity y y payable
after his or her death to a beneficiary whose name is designated in
writing to the Secretary of State. The annuity payable to a partici-
pant making such election shall be reduced by 10 percent of an
annuity computed under subsection (a) and by 5 percent of an
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2108 PUBLIC LAW 96-465-OCT. 17, 1980
annuity so computed for each full 5 years the designated beneficiary
is younger than the retiring participant, but such total reduction
Physical shall not exceed 40 percent. No such election of a reduced annuity
examination. payable to a beneficiary shall be valid until the participant has
satisfactorily passed a physical examination as prescribed by the
Secretary of State. The annuity payable to a beneficiary under this
subsection shall begin on the day after the annuitant dies and shall
terminate on the last day of the month preceding the death of the
beneficiary. An annuity which is reduced under this subsection (or
any similar prior provision of law) shall, effective the first day of the
month following the death of the beneficiary named under this
subsection, be recomputed and paid as if the annuity had not been so
reduced.
(g) A participant or former participant who was unmarried at
retirement and who later marries may, within one year after such
marriage, irrevocably elect in writing to receive a reduced annuity
and to provide a survivor annuity for the spouse (if such spouse
qualifies as a surviving spouse under section 804(13)). Receipt by the
Secretary of State of notice of an election under this subsection voids
prospectively any election previously made under subsection M. The
reduction in annuity required by an election under this subsection
shall be computed and the amount of the survivor annuity shall be
determined in accordance with subsections (b) (2) and (3). The annuity
reduction or recomputation shall be effective the first day of the
month beginning one year after the date of marriage.
(h) A surviving spouse or surviving former spouse of any partici-
pant or former participant shall not become entitled to a survivor
annuity or to the restoration of a survivor annuity payable from the
Fund unless the survivor elects to receive it instead of any other
survivor annuity to which he or she may be entitled under this or any
other retirement system for Government employees on the basis of a
marriage to someone other than that participant.
(i)(1) Any married annuitant who reverts to retired status with
entitlement to a supplemental annuity under section 823 shall,
unless the annuitant and his or her, spouse jointly elect in writing to
the contrary at that time, have the supplemental annuity reduced by
10 percent to provide a supplemental survivor annuity for his or her
spouse. Such supplemental survivor annuity shall be equal to 55
percent of the supplemental annuity of the annuitant and shall be
payable to a surviving spouse to whom the annuitant was married at
the time of reversion to retired status or whom the annuitant
subsequently married.
Regulations. (2) The Secretary of State shall issue regulations to provide for the
application of paragraph (1) of this subsection and of section 823 in
any case in which an annuitant has a former spouse who was married
to the participant at any time during a period of recall service and
who qualifies for an annuity under section 814(b).
(j) An annuity which is reduced under this section or any similar
prior provision of law to provide a survivor benefit for a spouse shall,
if the marriage of the participant : to such spouse is dissolved, be
recomputed and paid for each full month during which an annuitant
is not married (or is remarried if there is no election in effect under
the following sentence) as if the annuity had not been so reduced,
subject to any reduction required to provide a survivor benefit under
section 814 (b) or (c). Upon remarriage the retired participant may
irrevocably elect, by means of a signed writing received by the
Secretary within one year after such remarriage, to receive during
such marriage a reduction in annuity for the purpose of allowing an
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2109
annuity for the new spouse of the annuitant in the event such spouse
survives the annuitant. Such reduction shall be equal to the reduc-
tion in effect immediately before the dissolution of the previous
marriage (unless such reduction is adjusted under section 814(b)(5)),
and shall be effective the first day of the first month beginning one
year after the date of remarriage. A survivor annuity elected under
this subsection shall be treated in all respects as a survivor annuity
under subsection (b).
(k) The Secretary of State shall, on an annual basis-
(1) inform each participant of his or her right of election under
subsections (g) and (j); and
(2) to the maximum extent practicable, inform spouses or
former spouses of. participants or former participants of their
rights under this section and section 814.
(1)(1) The monthly rate of an annuity payable under this chapter to Minimum
an annuitant, other than a child, shall not be less than the smallest annuity rate.
primary insurance amount, including any cost-of-living increase
added to that amount, authorized to be paid from time to time under
title II of the Social Security Act (42 U.S.C. 401 et seq.).
(2) The monthly rate of an annuity payable under this chapter to a
surviving child shall not be less than the smallest primary insurance
amount, including any cost-of-living increase added to that amount,
authorized to be paid from time to time under title II of the Social
Security Act (42 U.S.C. 401 et seq.) or three times such primary
insurance amount divided by the number of surviving children
entitled to an annuity, whichever is the lesser.
(3) This subsection does not apply to an annuitant or to a survivor
who is or becomes entitled to receive from the United States an
annuity or retired pay under any other civilian or military retire-
ment system, benefits under title II of the Social Security Act (42
U.S.C. 401 et seq.), a pension, veterans' compensation, or any other
periodic payment of a similar nature, when the monthly rate thereof
is equal to or greater than the smallest primary insurance amount,
including any cost-of-living increase added to that amount, author-
ized to be paid from time to time under title II of the Social Security
Act (42 U.S.C. 401 et seq.).
(4) This subsection shall not apply to the extent provided in section
814(d).
SEC. 807. PAYMENT OF AiTNvrry.-(a) Except as otherwise provided, 22 USC 4047.
the annuity of a former participant who has met the eligibility
requirements for an annuity shall commence on the day after
separation from the Service or on the day after pay ceases. The
annuity of a former participant who is entitled to a deferred annuity
under this Act shall become effective on the day he or she attains age
60.
(b) The annuity to a survivor shall become effective as otherwise Application for
specified but shall not be paid until the survivor submits an applica- benefits.
tion for such annuity, supported by such proof of eligibility as the
Secretary of State may require. If such application or proof of
eligibility is not submitted during the lifetime of an otherwise eligible
individual, no annuity shall be due or payable to his or her estate.
(c) An individual entitled to annuity from the Fund may decline to waiver.
accept all or any part of the annuity by submitting a signed waiver to
the Secretary of State. The waiver may be revoked in writing at any
time. Payment of the annuity waived may not be made for the period
during which the waiver was in effect.
(d) Recovery of overpayments under this chapter may not be made Overpayments,
from an individual when, in the judgment of the Secretary of State, recovery.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2110 PUBLIC LAW 96-465-OCT. 17, 1980
the individual is without fault and recovery would be against equity
and good conscience or administratively infeasible.
22 USC 4048. SEC. 808. RETIREMENT FOR DISABILITY OR INCAPACITY.-(a) Any
participant who has at least 5 years of service credit toward retire-
ment under the System (excluding military and naval service) and
who becomes totally disabled or incapacitated for useful and efficient
service by reason of disease, illness, or injury (not due to vicious
habits, intemperance, or willful conduct of the participant) shall,
upon his or her own application or upon order of the Secretary, be
retired on an annuity computed as prescribed in section 806. If the
disabled or incapacitated participant has less than 20 years of'service
credit toward retirement under the System at the time of retirement,
his or her annuity shall be computed on the assumption that the
participant has had 20 years of service, except that the additional
service credit that may accrue to a participant under this sentence
shall in no case exceed the difference between his or her age at the
time of retirement and age 65.
Physical (b) Before being retired under this section, the participant shall be
examination. given a physical examination by one or more duly qualified physi-
cians or surgeons designated by the Secretary of State to conduct
examinations. Disability or incapacity shall be determined by the
Secretary of State on the basis of the advice of such physicians or
surgeons. Unless the disability or incapacity is permanent, like
examinations shall be made annually until the annuitant has
Reinstatement attained age 65. If the Secretary of State determines on the basis of
reappointment. the advice of one or more duly qualified physicians or surgeons
conducting such examinations that an annuitant has recovered to the
extent that he or she can return to duty, the annuitant may apply for
reinstatement or reappointment in.the Service within 1 year from
the date recovery is determined. Upon application, the Secretary
shall reinstate such recovered annuitant in the class in which the
annuitant was serving at time of retirement, or the Secretary may,
taking into consideration the age, qualifications, and experience of
such annuitant, and the present class of his or her contemporaries in
the Service, appoint or recommend that the President appoint the
annuitant to a higher class. Payment of the annuity shall continue
until a date 6 months after the date of the examination showing
recovery or until the date of reinstatement or reappointment in the
Service, whichever is earlier. Fees for examinations under this
section, together with reasonable traveling and other expenses
incurred in order to submit to examination, shall be paid out of the
Annuity Fund. If the annuitant fails to submit to examination as required
suspension. under this subsection, payment of the annuity shall be suspended
until continuance of the disability or incapacity is satisfactorily
established.
Recovered (c) If a recovered annuitant whose annuity is discontinued is for
annuitant, any reason not reinstated or reappointed in the Service, he or she
service
separation. shall be considered to have been separated within the meaning of
section 810 as of the date of retirement for disability or incapacity
and shall, after the discontinuance of the annuity, be entitled to the
benefits of that section or of section 815, except that he or she may
elect voluntary retirement if eligible under section 811.
Injury and (d) No participant shall be entitled to receive an annuity under this
compensation. Act and compensation for injury or disability to himself or herself
5 Usc 8101. under subchapter I of chapter 81 of title 5, United States Code,
covering the same period of time, except that a participant may
simultaneously receive both an annuity under this section and
scheduled disability payments under section 8107 of title 5, United
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2111
States Code. This subsection shall not bar the right of any claimant to
the greater benefit conferred by either this Act or such subchapter for
any part of the same period of time. Neither this subsection nor any
provision of such subchapter shall be construed to deny the right of
any participant to receive an annuity under this Act and to receive
concurrently any payment under such subchapter by reason of the
death of any other individual.
(e) Notwithstanding any other law, the right of any individual
entitled to an annuity under this Act shall not be affected because
such person has received an award of compensation in a lump sum
under section 8135 of title 5, United States Code, except that where
such annuity is payable on account of the same disability for which
compensation under such section has been paid, so much of such
compensation as has been paid for any period extended beyond the
date such annuity becomes effective, as determined by the Secretary
of Labor, shall be refunded to the Department of Labor, to be paid
into the Federal Employees' Compensation Fund. Before such indi-
vidual receives such annuity, he or she shall-
(1) refund to the Department of Labor the amount represent-
ing such commuted payments for such extended period, or
(2) authorize the deduction of such amount from the annuity
payable under this Act, which amount shall be transmitted to the
Department of Labor for reimbursement to such Fund.
Deductions from such annuity may be made from accrued and Deductions.
accruing payments, or may be prorated against and paid from
accruing payments in such manner as the Secretary of Labor shall
determine, whenever the Secretary of Labor finds that the financial
circumstances of the annuitant warrant deferred refunding.
(f) A claim may be allowed under this section only if the application Claim.
is filed with the Secretary of State before the participant is separated
from the Service or within one year thereafter. This time limitation waiver.
may be waived by the Secretary of State for a participant who at the
date of separation from the Service or within one year thereafter is
mentally incompetent, if the application is filed with the Secretary of
State within one year from the date of restoration of the participant
to competency or the appointment of a fiduciary, whichever is earlier.
SEC. 809. DEATH IN SERVICE.-(a) If a participant dies and no claim 22 USC 4049.
for annuity is payable under this Act, the lump-sum credit shall be
paid in accordance with section 815.
(b) If a participant who has at least 18 months of civilian service Survivor
credit toward retirement under the System dies before retirement or annuities.
other separation from the Service and is survived by a spouse or
former spouse qualifying for an annuity under section 814(b), such
surviving spouse shall be entitled to an annuity equal to 55 percent of
the annuity computed in accordance with subsections (e) and (g) of
this section and section 806(a) and any surviving former spouse shall
be entitled to an annuity under section 814(b) as if the participant
died after being entitled to an annuity under this chapter. If the
participant had less than 3 years creditable civilian service at the
time of death, the survivor annuity shall be computed on the basis of
the average salary for the entire period of such service.
(c) If a participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement or
other separation from the Service and is survived by a spouse and a
child or children, each surviving child shall be entitled to an annuity
computed in accordance with subsections (c)(1) and (d) of section 806.
(d) If a participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement or
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2112 PUBLIC LAW 96-465-OCT. 17, 1980
other separation from the Service and is not survived by a spouse, but
by a child or children, each surviving child shall be entitled to an
annuity computed in accordance with subsections (c)(2) and (d) of
section 806.
20-year service (e) If, at the time of his or her death, the participant had less than
credit. 20 years of service credit toward retirement under the System, the
annuity payable in accordance with subsection (b) shall be computed
in accordance with section 806 on the assumption he or she has had 20
years of service, except that the additional service credit that may
accrue to a deceased participant under this subsection shall in no case
exceed the difference between his or her age on the date of death and
age 65. In all cases arising under this subsection or subsection (b), (c),
(d), or (g), it shall be assumed that the deceased participant was
qualified for retirement on the date of death.
(f) If an annuitant entitled to a reduced annuity dies in service after
Ante, p. 2086. being recalled under section 308 and is survived by a spouse or former
spouse entitled to a survivor annuity based on the service of such
annuitant; such survivor annuity shall be computed as if the recall
service had otherwise terminated on the day of death and the annuity
Supplemental of the deceased had been resumed in accordance with section 823. If
survivor such death occurs after the annuitant had completed sufficient recall
annuity. service to attain eligibility for a supplemental annuity, a surviving
spouse or surviving former spouse who was married to the partici-
pant at any time during a period of recall service shall be entitled to
elect, in addition to any other benefits and in lieu of a refund of
retirement contributions made during the recall service, a supple-
mental survivor annuity computed and paid under section 806(i) as if.
Annuity the recall service had otherwise terminated. If the annuitant had
redetermination. 1 d
t
ffi
comp e
e su
cient recall service to attain eligibility to nave his or
her annuity determined anew, a surviving spouse or such a surviving
former spouse may elect, in lieu of any other survivor benefit under
this chapter, to have the rights of the annuitant redetermined and to
receive a survivor annuity computed under subsection (b) on the basis
of the total service of the annuitant.
(g) Notwithstanding subsection (b), if the participant or former
participant had a former spouse qualifying for an annuity under
section 814(b), the annuity of the spouse under this section shall be
subject to the limitation of section 806(b)(3)(B).
(h) Annuities that become payable under this section shall com-
mence, terminate, and be resumed in accordance with subsection
(b)(4), (e), or (h) of section 806, as appropriate.
SEC. 810. DISCONTINUED SERVICE RETIREMENT.-Any participant
who voluntarily separates from the Service after obtaining at least 5
years of service credit toward retirement under the System (exclud-
ing military and naval service) may upon separation from the Service
or at any time prior to becoming eligible for an annuity elect to have
his or her contributions to the Fund returned in accordance with
section 815, or to leave his or her contributions in the Fund and
receive an annuity, computed under 'section 806, commencing at age
60.
22 USC 4051. SEC. 811. VOLUNTARY RETIREMENT.-Any participant who is at
least 50 years of age and has 20 years of creditable service, including
at least 5 years of service credit toward retirement under the System
(excluding military and - naval service), may on his or her own
application and with the consent of the Secretary be retired from the
Service and receive retirement benefits in accordance with section
806.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2113
SEC. 812. MANDATORY RETIREMENT.-(a) Except as provided in 22 USC 4052.
subsection (b), any participant shall be retired from the Service at the
end of the month in which the participant has reached age 65 and has
at least 5 years of service credit toward retirement under the System
(excluding military and naval service), and shall receive retirement
benefits in accordance with section 806.
(bXl) Any participant who is otherwise required to retire under Presidential
subsection (a) while occupying a position to which he or she was appointment,
appointed by the President, by and with the advice and consent of the termuiation.
Senate, may continue to serve until that appointment is terminated.
(2) Whenever the Secretary determines it to be in the public
interest, any participant who is otherwise required to retire under
subsection (a) may be retained on active service for a period not to
exceed 5 years.
(3) Any participant who completes a period of service authorized by
this subsection shall be retired at the end of the month in which such
authorized service is completed.
SEC. 813. RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES.-If a 22 USC 4053.
participant completes an assignment under section 302(b) in a posi- Ante, p. 2084.
tion to which he or she was appointed by the President and has not
been reassigned within 3 months after the termination of such
assignment (plus any period of authorized leave), the participant
shall be retired from the Service and receive retirement benefits in
accordance with section 806.
SEC. 814. FORMER SPousEs.-(a)(1) Unless otherwise expressly pro- 22 USC 4054.
vided by any spousal agreement or court order under section 820(bXl),
a former spouse of a participant or former participant is entitled to
an annuity-
(A) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the annuity of
the participant; or
(B) if not married to the participant throughout such creditable
service, equal to that former spouse's pro rata share of 50 percent
of such annuity.
(2) A former spouse shall not be qualified for an annuity under this Remarried
subsection if before the commencement of that annuity the former spouse.
spouse remarries before becoming 60 years of age.
(3) The annuity of a former spouse under this subsection com- Annuity
mences on the later of the day the participant upon whose service the termination.
annuity is based becomes entitled to an annuity under this chapter on
the first day of the month in which the divorce or annulment involved
becomes final. The annuity of such former spouse and the right
thereto terminate on-
(A) the last day of the month before the former spouse dies or
remarries before 60 years of age; or
(B) the date the annuity of the participant terminates (except
in the case of an annuity subject to paragraph (5)(B)).
(4) No spousal agreement or court order under section 820(b)(1)
involving any participant may provide for an annuity or any combi-
nation of annuities under this subsection which exceeds the annuity
of the participant, nor may any such court order relating to an
annuity under this subsection be given effect if it is issued more than
12 months after the date the divorce or annulment involved becomes
final.
(5XA) The annuity payable to any participant shall be reduced by Reduced
the amount of an annuity under this subsection paid to any former annuity.
spouse based upon the service of that participant. Such reduction
shall be disregarded in calculating the survivor annuity for any
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2114 PUBLIC LAW 96-465-OCT. 17, 1980
Reinstated or
reemployed
annuitant.
Ante, p. 2086.
Survivor
annuity
entitlement.
Maximum
survivor
annuity,
limitation.
spouse, former spouse, or other survivor under this chapter, and in
calculating any reduction in the annuity of the participant to provide
survivor benefits under subsection (b) or section 806(b)(3).
(B) If any annuitant whose annuity is reduced under subparagraph
(A) is recalled to service under section 308, or reinstated or
reappointed in the Service in the case of a recovered disability
annuitant or if any annuitant is reemployed as provided for under
section 824, the salary of that annuitant shall be reduced by the same
amount as the annuity would have been reduced if it had continued.
Amounts equal to the reductions under this subparagraph shall be
deposited in the Treasury of the United States to the credit of the
Fund.
(6) Notwithstanding paragraph (3), in the case of any former spouse
of a disability annuitant-
(A) the annuity of that former spouse shall commence on the
date the participant would qualify on the basis of his or her
creditable service for an annuity under this chapter (other than a
disability annuity) or the date the disability annuity begins,
whichever is later, and
(B) the amount of the annuity of the former spouse shall be
calculated on the basis of the annuity for which the participant
would otherwise so qualify.
(7) An annuity under this subsection shall be treated the same as a
survivor annuity under subsection (b) for purposes of section 806(h) or
any comparable provision of law.
(b)(1) Subject to any election under section 806(b)(1)(C) and unless
otherwise expressly provided by any spousal agreement or court
order under section 820(b)(1), if a former participant who is entitled to
receive an annuity is survived by a former spouse, the former spouse
shall be entitled to a survivor annuity-
(A) if married to the participant throughout the creditable
service of the participant, equal to 55 percent of the full amount
of the participant's annuity, as computed under section 806(a); or
(B) if not married to the participant throughout such creditable
service, equal to that former spouse's pro rata share of 55 percent
of the full amount of such annuity.
(2) A former spouse shall not be qualified for an annuity under this
subsection if before the commencement of that annuity the former
spouse remarries before becoming 60 years of age.
(3) An annuity payable from the Fund to a surviving former spouse
under this subsection shall commence on the day after the annuitant
dies and shall terminate on the last day of the month before the
former spouse's death or remarriage before attaining age 60. If such a
survivor annuity is terminated because of remarriage, it shall be
restored at the same rate commencing on the date such remarriage is
terminated if any lump sum paid upon termination of the annuity is
returned to the Fund.
(4)(A) The maximum survivor annuity or combination of survivor
annuities under this section (and section 806(b)(3)) with respect to any
participant or former participant may not exceed 55 percent of the
full amount of the participant's annuity, as calculated under section
806(a).
(B) Once a survivor annuity has been provided for under this
subsection for any former spouse, a survivor annuity may thereafter
be provided for under this subsection (or section 806(b)(3)) with
respect to a participant or former participant only for that portion (if
any) of the maximum available which is not committed for survivor
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2115
benefits for any former spouse whose prospective right to such
annuity has not terminated by reason of death or remarriage.
(C) After the death of a participant or former participant, a court
order under section 820(b)(1) may not adjust the amount of the
annuity of any former spouse under this section.
(5)(A) For each full month after a former spouse of a participant or
former participant dies or remarries before attaining age 60, the
annuity of the participant, if reduced to provide a survivor annuity
for that former spouse, shall be recomputed and paid as if the annuity
had not been so reduced, unless an election is in effect under
subparagraph (B).
(B) Subject to paragraph (4)(B), the participant may elect in writing
within one year after receipt of notice of the death or remarriage of
the former spouse to continue the reduction in order to provide a
higher survivor annuity under section 806(b)(3) for any spouse of the
participant.
(c)(1) In the case of any participant or former participant providing
a survivor annuity benefit under subsection (b) for a former spouse-
(A) such participant may elect, or
(B) a spousal agreement or court order under section 820(b)(1)
may provide for,
an additional survivor annuity under this subsection for any other
former spouse or spouse surviving the participant, if the participant
satisfactorily passes a physical examination as prescribed by the
Secretary of State.
(2) Neither the total amount of survivor annuity or annuities under
this subsection with respect to any participant or former participant,
nor the survivor annuity or annuities for any one surviving spouse or
former spouse of such participant under this section and section 806,
shall exceed 55 percent of the full amount of the participant's
annuity, as computed under section 806(a).
(3XA) In accordance with regulations which the Secretary of State Regulations.
shall prescribe, the participant involved may provide for any annuity
under this subsection-
(i) by a reduction in the annuity or an allotment from the
salary of the participant,
(ii) by a lump sum payment or installment payments to the
Fund, or
(iii) by any combination thereof.
(B) The present value of the total amount to accrue to the Fund
under subparagraph (A) to provide any annuity under this subsection
shall be actuarially equivalent in value to such annuity, as calculated
upon such tables of mortality as may from time to time be prescribed
for this purpose by the Secretary of State.
(C) If a former spouse predeceases the participant or remarries
before attaining age 60 (or, in the case of a spouse, the spouse does not
qualify as a former spouse upon dissolution of the marriage)-
(i) if an annuity reduction or salary allotment under subpara-
graph (A) is in effect for that spouse or former spouse, the
annuity shall be recomputed and paid as if it had not been
reduced or the salary allotment terminated, as the case may be,
and
(ii) any amount accruing to the Fund under subparagraph (A)
shall be refunded, but only to the extent that such amount may
have exceeded the actuarial cost of providing benefits under this
subsection for the period such benefits were provided, as deter-
mined under regulations prescribed by the Secretary of State.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2116 PUBLIC LAW 96-465-OCT. 17, 1980
(D) Under regulations prescribed by the Secretary of State, an
annuity shall be recomputed (or salary allotment terminated or
adjusted), and a refund provided (if appropriate), in a manner
comparable to that provided under subparagraph (C), in order to
reflect a termination or reduction of future benefits under this
subsection for a spouse in the event a former spouse of the participant
dies or remarries before attaining age 60 and an increased annuity is
provided for that spouse in accordance with this chapter.
(4) An annuity payable under this subsection to a spouse or former
spouse shall commence on the day after the participant dies and shall
terminate on the last day of the month before the former spouse's
death or remarriage before attaining age 60.
(5) Section 826 shall not apply to any annuity under this subsection,
unless authorized under regulations prescribed by the Secretary of
State.
(d) Section 806(1) shall not apply-
(1) to any annuity payable under subsection (a) or (b) to any
former spouse if the amount of that annuity varies by reason of a
spousal agreement or court order under section 820(b)(1), or an
election under section 806(b)(1)(B), from the amount which would
be calculated under subsection (a)(1) or (b)(1), as the case may be,
in the absence of such spousal agreement, court order, or elec-
tion; and
(2) to any annuity payable under subsection (c).
22 USC 4055. SEC. 815. LUMP-SUM PAYMENTS.-(a) Whenever a participant
becomes separated from the Service without becoming eligible for an
annuity or a deferred annuity under this chapter, a lump-sum credit
shall be paid to the participant (and to any former spouse of the
participant, in accordance with subsection (i)).
(b) Whenever an annuitant becomes separated from the Service
following a period of recall service without becoming eligible for a
supplemental or recomputed annuity under section 823, the compul-
sory contributions of the annuitant to the Fund for such service,
together with any special contributions the annuitant may have
made for other service performed after the date of separation from
the Service which forms the basis for annuity, shall be returned to
the annuitant (and any former spouse of the annuitant who was
married to the participant during the period of recall service, in
accordance with subsection (i)).
Annuity rights, (c) If all annuity rights under this-chapter based on the service of a
termination. deceased participant or annuitant terminate before the total annuity
paid equals the lump-sum credit to which the participant or annu-
itant is entitled, the difference shall be paid in accordance with
subsection M.
(d) If a participant or former participant dies and is not survived by
an individual eligible for an annuity under this chapter or by such an
individual or individuals all of whose annuity rights terminate before
a claim for survivor annuity is filed, the lump-sum credit to which the
participant or annuitant is entitled shall be paid in accordance with
subsection M.
(e) If an annuitant who was a former participant dies, any annuity
accrued and unpaid shall be paid in accordance with subsection (f).
Payments to (f) Payments under subsections (c) through (e) shall be paid in the
survivors, following order of precedence to individuals surviving the participant
precedence
order. and alive on the date entitlement to the payment
arises, upon the
establishment of a valid claim therefor, and such payment shall be a
bar to recovery by any other person:
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2117
(1) To the beneficiary or beneficiaries last designated by the
participant before or after retirement in a signed and witnessed
writing filed with the Secretary of State prior to the death of the
participant, for which purpose a designation, change, or cancella-
tion of beneficiary in a will or other document which is not so
executed and filed shall have no force or effect.
(2) If there is no such beneficiary, to the surviving wife or
husband of the participant.
(3) If none of the above, to the child (without regard to the
definition in section 804(2)) or children of the participant (includ-
ing adopted and natural children but not stepchildren) and
descendants of deceased children by representation.
(4) If none of the above, to the parents of the participant or the
survivor of them.
(5) If none of the above, to the duly appointed executor or
administrator of the estate of the participant.
(6) If none of the above, to such other next of kin of the
participant as may be determined in the judgment of the Secre-
tary of State to be legally entitled to such payment, except that
no payment shall be made under this paragraph until after the
expiration of 30 days after the death of the participant or
annuitant.
(g) Annuity accrued and unpaid on the death of a survivor annu-
itant shall be paid in the following order of precedence, and the
payment bars recovery by any other person:
(1) To the duly appointed executor or administrator of the
estate of the survivor annuitant.
(2) If there is no such executor or administrator, to such person
as may be determined by the Secretary of State (after the
expiration of 30 days from the date of death of the survivor
annuitant) to be entitled under the laws of the domicile of the
survivor annuitant at the time of death.
(h) Amounts deducted and withheld from basic salary of a partici-
pant under section 805 from the beginning of the first pay period
after the participant has completed 35 years of service computed
under section 816 (excluding service credit for unused sick leave
under section 816(b)), together with interest on the amounts at the
rate of 3 percent a year compounded annually from the date of the
deduction to the date of retirement or death, shall be applied toward
any special contribution due under section 805(d), and any balance
not so required shall be refunded in a lump sum to the participant
after separation or, in the event of a death in service, to a beneficiary
in the order of precedence specified in subsection (f).
(i) Unless otherwise expressly provided by any spousal agreement
or court order under section 820(b)(1), the amount of a participant's or
former participant's lump-sum credit payable to a former spouse of
that participant shall be-
(1) if the former spouse was married to the participant
throughout the period of creditable service of the participant, 50
percent of the lump-sum credit to which such participant would
be entitled in the absence of this subsection, or
(2) if such former spouse was not married to the participant
throughout such creditable service, an amount equal to such
former spouse's pro rata share of 50 percent of such lump-sum
credit.
The lump-sum credit of the participant shall be reduced by the
amount of the lump-sum credit payable to the former spouse.
Death of
survivor,
annuity
payment.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2118 PUBLIC LAW 96-465-OCT. 17, 1980
22 USC 4056. SEC. 816. CREDITABLE SERVICE.-(a) Except as otherwise specified by
law, all periods of civilian and military and naval service, and all
other periods through the date of final separation of a participant
from the Service that the Secretary of State determines would be
creditable toward retirement under the Civil Service Retirement and
Disability System (as determined in accordance with section 8332 of
title 5, United States Code), shall be creditable for purposes of this
chapter. Conversely, any such service performed after December 31,
1976, that would not be creditable under specified conditions under
section 8332 of title 5, United States Code, shall be excluded under
this chapter under the same conditions.
Computation. (b) In computing any annuity under this chapter, the total service
of a participant who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes (without
regard to the 35-year limitation imposed by section 806(a)) the days of
unused sick leave to the credit of the participant, except that these
days shall not be counted in determining average basic salary or
annuity eligibility under this chapter. A contribution to the Fund
shall not be required from a participant for this service credit.
(c)(1) A participant who enters on approved leave without pay to
serve as a full-time officer or employee of an organization composed
primarily of Government employees may, within 60 days after
entering on that leave without pay, file with the employing agency an
election to receive full retirement credit for such periods of leave
without pay and arrange to,pay concurrently into the Fund through
the employing agency, amounts equal to the retirement deductions
and agency contributions on the Foreign Service salary rate that
would be applicable if the participant were in a pay status. If the
election and all payments provided by this subsection are not made
for the periods of such leave without pay occurring after Novem-
ber 7, 1976, the participant may not receive any credit for such
periods of leave without pay occurring after such date.
Special (2) A participant may make a special contribution for any period or
contribution. periods of approved leave without pay while serving before Novem-
ber 7,1976, as a full-time officer or employee of an organization
composed primarily of Government employees. Any such contribution
shall be based upon the suspended Foreign Service salary rate and
shall be computed in accordance with section 805. A participant who
makes such contributions shall be allowed full retirement credit for
the period or periods of leave without pay. If this contribution is not
made, up to 6 months' retirement credit shall be allowed for such
periods of leave without pay each calendar year.
(d) A participant who has received' a refund of retirement contribu-
tions (which has not been repaid) under this or any other retirement
system for Government employees covering service which, may be
creditable may make a special contribution for such service under
section 805. Credit may not be allowed for service covered by the
refund unless the special contribution is made.
Annuity (e) No credit in annuity computation shall be allowed for any period
computation of civilian service for which a participant made retirement contribu-
credit. tions to another retirement system for Government employees
unless-
(1) the right to any annuity under the other system which is
based on such service is waived, and
(2) a special contribution is made under section 805 covering
such service.
(f) A participant who during a period of war, or national emergency
proclaimed by the President or declared by the Congress, leaves the
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2119
Service to enter the military service is deemed, for the purpose of this
chapter, as not separated from the Service unless the participant
applies for and receives a lump-sum payment under section 815.
However, the participant is deemed to be separated from the Service
after the expiration of 5 years of such military service.
(g)(1) An annuity or survivor annuity based on the service of a
participant of Japanese ancestry who would be eligible under section
8332(1) of title 5, United States Code, for credit for civilian service for
periods of internment during World War II shall, upon application to
the Secretary of State, be recomputed to give credit for that service.
Any such recomputation of an annuity shall apply with respect to
months beginning more than 30 days after the date on which
application for such recomputation is received by the Secretary of
State.
(2) The Secretary of State shall take such action as may be
necessary and appropriate to inform individuals entitled to have any
service credited or annuity recomputed under this subsection of their
entitlement to such credit or recomputation.
(3) The Secretary of State shall, on request, assist any individual
referred to in paragraph (1) in obtaining from any agency or other
Government establishment information necessary to verify the enti-
tlement of the individual to have any service credited or any annuity
recomputed under this subsection.
(4) Any agency or other Government establishment shall, upon
request, furnish to the Secretary of State any information it possesses
with respect to the internment or other detention, as described in
section 8332(1) of title 5, United States Code, of any participant.
(h) A participant who, while on approved leave without pay, serves
as a full-time paid employee of a Member or office of the Congress
shall continue to make contributions to the Fund based upon the
Foreign Service salary rate that would be in effect if the participant
were in a pay status. The participant's employing office in the
Congress shall make a matching contribution (from the appropri-
ation or fund which is used for payment of the salary of the
participant) to the Treasury of the United States to the credit of the
Fund. All periods of service for which full contributions to the Fund
are made under this subsection shall be counted as creditable service
for purposes of this chapter and shall not, unless all retirement credit
is transferred, be counted as creditable service under any other
Government retirement system.
(i)(1) Service of a participant shall be considered creditable service
for purposes of applying provisions of this chapter relating to former
spouses if such service would be creditable-
(A) under subsection (c) (1) or (2) but for the fact an election was
not made under subsection (c)(1) or a special contribution was not
made under subsection (c)(2), and
(B) under subsection (d) but for the fact that a refund of
contributions has not been repaid unless the former spouse
received under this chapter a portion of the lump sum (or a
spousal agreement or court order provided otherwise).
(2) A former spouse shall not be considered as married to a
participant-
(A) for periods assumed to be creditable service under section
808(a) or section 809(e), or
(B) for any extra period of creditable service provided under
section 817 for service of a participant at an unhealthful post
unless the former spouse resided with the participant at that post
during that period.
Participants of
Japanese
ancestry,
annuity
recomputation.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2120 PUBLIC LAW 96-465-OCT. 17, 1980
22 USC 4057. SEC. 817. EXTRA CREDIT FOR SERVICE AT UNHEALTHFUL PosTs.-The
Secretary of State may from time to time establish a list of places
which by reason of climatic or other extreme conditions are to be
classed as unhealthful posts. Each year of duty at such posts,
inclusive of regular leaves of absence, shall be counted as one and a
half years in computing the length of the service of a participant for
the purpose of retirement, fractional months being considered as full
months in computing such service. No such extra credit for service at
such unhealthful posts shall be credited to any participant who is
paid a differential under section 5925 or 5928 of title 5, United States
Code, for such service.
22 USC 4058. SEC. 818. ESTIMATE OF APPROPRIATIONS NEEDED.-The Secretary of
the Treasury shall prepare the estimates of the annual appropri-
ations required to be made to the Fund, and shall make actuarial
valuations of the System at intervals of not more than five years. The
Secretary of State may expend from money to the credit of the Fund
an amount not exceeding $5,000 per year for the incidental expenses
necessary in administering the provisions of this chapter, including
actuarial advice.
22 USC 4059. SEC. 819. INVESTMENT OF THE FUND.-The Secretary of the Treas-
ury shall invest from time to time in interest-bearing securities of
the United States such portions of the Fund as in the judgment of the
Secretary of the Treasury may not be immediately required for the
payment of annuities, cash benefits, refunds, and allowances. The
income derived from such investments shall constitute a part of the
Fund.
22 USC 4060. SEC. 820. ASSIGNMENT AND ATTACHMENT OF MONEYS.-(aXl) An
individual entitled to an annuity from the Fund may make allot-
ments or assignments of amounts from such annuity for such pur-
poses as the Secretary of State in his or her sole discretion considers
appropriate.
(2) Notwithstanding section 3477 of the Revised Statutes of the
United States (31 U.S.C. 203) or any other law, a member of the
Service who is entitled to receive benefits under section 609(b)(1) may
assign to any person the whole or any part of those benefits. Any such
assignment shall be on a form approved by the Secretary of the
Treasury and a copy of such assignment form shall be deposited with
the Secretary of the Treasury by the member executing the
assignment.
(b)(1)(A) In the case of any participant or annuitant who has a
former spouse who is covered by a court order or who is a party to a
spousal agreement-
(i) any right of the former spouse to any annuity under section
814(a) in connection with any retirement or disability annuity of
the participant, and the amount of any such annuity;
(ii) any right of the former spouse to a survivor annuity under
section 814 (b) or (c), and the amount of any such annuity; and
(iii) any right of the former spouse to any payment of a lump-
sum credit under section 815 (a) or (b);
shall be determined in accordance with that spousal agreement or
court order, if and to the extent expressly provided for in the terms of
that spousal agreement or court order.
(B) This paragraph shall not apply in the case of any spousal
agreement or court order which, as determined by the Secretary of
State-
(i) would provide for a survivor annuity for a spouse or any
former spouse of a participant with respect to which there has
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2121
not been an annuity reduction (or a salary reduction or payment
under section 814(c)(3)); or
(ii) is otherwise inconsistent with the requirements of this
chapter.
(2) Except with respect to obligations between participants and
former spouses, payments under this chapter which would otherwise
be made to a participant or annuitant based upon his or her service
shall be paid (in whole or in part) by the Secretary of State to another
individual to the extent expressly provided for in the terms of any
order or any court decree of legal separation, or the terms of any
court order or court-approved property settlement agreement inci-
dent to any court decree of legal separation.
(3) Paragraphs (1) and (2) shall apply only to payments made under
this chapter for periods beginning after the date of receipt by the
Secretary of State of written notice of such decree, order, or agree-
ment, and such additional information and such documentation as
the Secretary of State may require.
(4) Any payment under this subsection to an individual bars
recovery by any other individual.
(5) The 10-year requirement of section 804(b)(6), or any other
provision of this chapter, shall not be construed to affect the rights
any spouse or individual formerly married to a participant or
annuitant may have, under any law or rule of law of any State or the
District of Columbia, with respect to an annuity of a participant or
annuitant under this chapter.
(c) None of the moneys mentioned in this chapter shall be assign-
able either in law or equity, except under subsection (a) or (b) of this
section, or subject to execution, levy, attachment, garnishment, or
other legal process, except as otherwise may be provided by Federal
law.
SEC. 821. PAYMENTS FOR FUTURE BENEFITS.-(a) Any statute which
authorizes-
(1) new or liberalized benefits payable from the Fund, includ-
ing annuity increases other than under section 825;
(2) extension of the benefits of the System to new groups of
employees; or
(3) increases in salary on which benefits are computed;
is deemed to authorize appropriations to the Fund to finance the
unfunded liability created by that statute, in 30 equal annual
installments with interest computed at the rate used in the then most
recent valuation of the System and with the first payment thereof
due as of the end of the fiscal year in which each new or liberalized
benefit, extension of benefits, or increase in salary is effective.
(b) There is authorized to be appropriated to the Fund for each
fiscal year an amount equal to the amount of the Foreign Service
normal cost for that year which is not met by contributions to the
Fund under section 805(a).
SEC. 822. UNFUNDED LIABILITY OBLIGATIONS.-(a) At the end of each
fiscal year, the Secretary of State shall notify the Secretary of the
Treasury of the amount equivalent to-
(1) interest on the unfunded liability computed for that year at
the interest rate used in the then most recent valuation of the
System, and
(2) that portion of disbursement for annuities for that year
which the Secretary of State estimates is attributable to credit
allowed for military and naval service.
(b) Before closing the accounts for each fiscal year, the Secretary of
the Treasury shall credit such amounts to the Fund, as a Government
Appropriation
authorization.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2122 PUBLIC LAW 96-465-OCT. 17, 1980
contribution, out of any money in the Treasury of the United. States
not otherwise appropriated.
Reports to (c) Requests for appropriations to the Fund under section 821(b)
Congress. shall include reports to the Congress on the sums credited to the Fund
under this section.
22 USC 4063. SEC. 823. ANNUITY ADJUSTMENT FOR RECALL SERVICE.-(a) Any
Ante, p. 2086. annuitant recalled to duty in the Service under section 308(a) shall,
while so serving, be entitled in lieu of annuity to the full salary of the
class in which serving. During such service the recalled annuitant
shall make contributions to the Fund in accordance with section 805.
On the day following termination of the recall service, the former
annuity shall be resumed, adjusted' by any cost-of-living increases
under section 825 that became effective during the recall period.
(b) If the recall service lasts less than one year, the contributions of
the annuitant to the Fund during recall service shall be refunded in
accordance with section 815. If the recall service lasts more than one
year, the annuitant may, in lieu of such refund, elect a supplemental
annuity computed under section 806 on the basis of service credit and
average salary earned during the recall period irrespective of the
number of years of service credit previously earned. If the recall
service continues for at least 5 years, the annuitant may elect to have
his or her annuity determined anew under section 806 in lieu of any
other benefits under this section. Any annuitant who is recalled
under section 308 may upon written application count as recall
service any prior service that is creditable under section 816 that was
performed after the separation upon which his or her annuity is
based.
22 USC 4064. SEC. 824. REEMPLOYMENT.-(a) Notwithstanding any other law, any
member of the Service who has retired and is receiving an annuity
under this chapter, and who is reemployed in the Government service
in any part-time or full-time appointive position, shall be entitled to
receive the salary of the position in which he or she is serving plus so
much of the annuity payable under this chapter which when com-
bined with such salary does not exceed during any calendar year the
basic salary the member was entitled to receive under this Act on the
date of retirement from the Service. Any such reemployed member of
the Service who receives salary during any calendar year in excess of
the maximum amount which he or she may be entitled to receive
under this subsection shall be entitled to such salary in lieu of
benefits under this chapter.
(b) When any such retired member of the Service is reemployed, the
employer shall send a notice of such reemployment to the Secretary
of State, together with all pertinent information relating to such
employment, and shall pay directly to such member the salary of the
position in which he or she is serving.
Overpayment, (c) In the event of any overpayment under this section, such
recovery. overpayment shall be recovered by withholding the amount involved
from the salary payable to such reemployed member of the Service or
from any other moneys, including annuity payments, payable under
this chapter.
22 USC 4065. SEC. 825. VOLUNTARY CONTRIBUTIONS.-(a) The voluntary contribu-
tion account shall be the sum of unrefunded amounts voluntarily
contributed prior to the effective date of this Act by any participant
or former participant under any prior law authorizing such contribu-
tions to the Fund, plus interest compounded at the rate of 3 percent
per year to' the date of separation from the Service or (in case of
participant or former participant separated with entitlement to a
deferred annuity) to the date the voluntary contribution account is
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2123
the participant separates from the Service for any reason without
entitlement to an annuity or a deferred annuity or at such time as a
former participant dies or withdraws compulsory contributions to the
Fund. In case of death, the account shall be paid in the order of
claimed, the commencing date fixed for the deferred annuity, or the
date of death, whichever is earlier. Effective on the date the partici-
pant becomes eligible for an annuity or a deferred annuity and at the
election of the participant, his or her account shall be-
(1) returned in a lump sum;
(2) used to purchase an additional life annuity;
(3) used to purchase an additional life annuity for the partici-
pant and to provide for a cash payment on his or her death to a
beneficiary whose name shall be notified in writing to the
Secretary of State by the participant; or
(4) used to purchase an additional life annuity for the partici-
pant and a life annuity commencing on his or her death payable
to a beneficiary whose name shall be notified in writing to the
Secretary of State by the participant, with a guaranteed return
to the beneficiary or his or her legal representative of an amount
equal to the cash payment referred to in paragraph (3).
(b) The benefits provided by subsection (a) (2), (3), or (4) shall be
actuarially equivalent in value to the payment provided for by
subsection (a)(1) and shall be calculated upon such tables of mortality
as may be from time to time prescribed for this purpose by the
Secretary of the Treasury.
(c) A voluntary contribution account shall be paid in a lump sum
following receipt of an application therefor from a .present or former
participant if application is filed prior to payment of any additional
annuity. If not sooner paid, the account shall be paid at such time as
precedence specified in section 815(f).
SEC. 826. COST-OF-LIVING ADJUSTMENTS OF ANNUITIES.-(a) A cost-
of-living annuity increase shall become effective under this section on
the effective date of each such increase under section 8340(b) of title 5,
United States Code. Each such increase shall be applied to each
annuity payable from the Fund which has a commencing date not
later than the effective date of the increase.
(b) Each annuity increase under this section shall be identical to
the corresponding percentage increase under section 8340(b) of title 5,
United States Code.
with benefits under section 609(b)(2), which has a commencing
date after the effective date of the then last preceding general
annuity increase under this section shall not be less than the
annuity which would have been payable if the commencing date
of such annuity had been the effective date of such last preceding
increase. In the administration of this paragraph, the number of
days of unused sick leave to the credit of a participant or
deceased participant on the effective date of the then last
preceding general annuity increase under this section shall be
deemed to be equal to the number of days of unused sick leave to
his or her credit on the day of separation from the Service.
(c) Eligibility for an annuity increase under this section shall be
governed by the commencing date of each annuity payable from the
Fund as of the effective date of an increase except as follows:
(1) An annuity (except a deferred annuity) payable from the
Fund to a participant who retires and receives an immediate
annuity, or to a surviving spouse or former spouse of a deceased
participant who dies in service or who dies after being separated
Account
payment.
Annuity
increase,
eligibility.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2124 PUBLIC LAW 96-465-OCT. 17, 1980
(2) Effective from its commencing date, an annuity payable
from the Fund to the survivor of an annuitant, except a child
entitled to an annuity under section 806(c) or 809 (c) or (d), shall
be increased by the total percentage increase the annuitant was
receiving under this section at death.
(3) For purposes of computing or recomputing an annuity to a
child under section 806 (c) or (d) or 809 (c) or (d), the items $900,
$1,080, $2,700, and $3,240 appearing in section 806(c) shall be
increased by the total percentage increases by which correspond-
ing amounts are being increased under section 8340 of title 5,
United States Code, on the date the annuity of the child becomes
effective.
(d) No increase in annuity provided by this section shall be
computed on any additional annuity purchased at retirement by
voluntary contributions.
Monthly (e) The monthly installment of annuity after adjustment under this
installment. section shall be fixed at the nearest dollar, except such installment
shall after adjustment reflect an increase of at least $1.
(f) Effective from its commencing date, there shall be an increase of
10 percent in the annuity of each surviving spouse whose entitlement
to annuity resulted from the death of an annuitant who, prior to
October 1, 1976, elected a reduced annuity in order to provide a
22 USC 4067. spouse's survivor annuity.
SEC. 827. COMPATIBILITY BETWEEN CIVIL SERVICE AND FOREIGN
SERVICE RETIREMENT SYSTEMS.-(a) In order to maintain existing
conformity between the Civil Service Retirement and Disability
System under subchapter III of chapter 83 of title 5, United States
5 Usc 8331. Code, and the Foreign Service Retirement and Disability System,
whenever a law of general applicability is enacted which-
(1) affects the treatment of current or former participants,
annuitants, or survivors under the Civil Service Retirement and
Disability System; and
(2) affects treatment which, immediately prior to the enact-
ment of such law, was substantially identical to the treatment
accorded to participants, former participants, annuitants, or
survivors under the Foreign Service Retirement and Disability
S stem;
such law shall be extended in accordance with subsection (b) to the
Foreign Service Retirement and Disability System so that it applies
in like manner with respect to participants, former participants,
annuitants, or survivors under that System.
Regulations. (b) The President shall by Executive order prescribe regulations to
implement this section and may make such extension retroactive to a
date no earlier than the effective date of the provision of law
applicable to the Civil Service Retirement and Disability System.
Any provision of an Executive order issued under this section shall
modify, supersede, or render inapplicable, as the case may be, to the
extent inconsistent therewith-
(1) all provisions of law enacted prior to the effective date of
that provision of the Executive order, and
(2) any prior provision of an Executive order issued under this
section.
CHAPTER 9-TRAVEL, LEAVE, AND OTHER BENEFITS
SEC. 901. TRAVEL AND RELATED ExPENSES.-The Secretary may pay
the travel and related expenses of members of the Service and their
families, including costs or expenses incurred for-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2125
(1) proceeding to and returning from assigned posts of duty;
(2) authorized or required home leave;
(3) family members to accompany, precede, or follow a member
of the Service to a place of temporary duty;
(4) representational travel within the country to which the
member of the Service is assigned or, when not more than one
family member participates, outside such country;
(5) obtaining necessary medical care for an illness, injury, or
medical condition while abroad in a locality where there is no
suitable person or facility to provide such care (without regard to
those laws and regulations limiting or restricting the furnishing
or payment of transportation and traveling expenses), as well as
expenses for-
(A) an attendant or attendants for a member of the Service
or a family member who is too ill to travel unattended or for
a family member who is too young to travel alone, and
(B) a family member incapable of caring for himself or
herself if he or she remained at the post at which the
member of the Service is serving;
(6) rest and recuperation travel of members of the Service who
are United States citizens, and members of their families, while
serving at locations abroad specifically designated by the Secre-
tary for purposes of this paragraph, to-
(A) other locations abroad having different social, climatic,
or other environmental conditions than those at the post at
which the member of the Service is serving, or
(B) locations in the United States;
except that, unless the Secretary otherwise specifies in extraordi-
nary circumstances, travel expenses under this paragraph shall
be limited to the cost for a member of the Service, and for each
member of the family of the member, of 1 round trip during any
continuous 2-year tour unbroken by home leave and of 2 round
trips during any continuous 3-year tour unbroken by home leave;
(7) removal of the family members of a member of the Service,
and the furniture and household and personal effects (including
automobiles) of the family, from a Foreign Service post where
there is imminent danger because of the prevalence of disturbed
conditions, and the return of such individuals, furniture, and
effects to such post upon the cessation of such conditions, or to
such other Foreign Service post as may in the meantime have
become the post to which the member of the Service has been
reassigned;
(8) trips by a member of the Service for purposes of family
visitation in situations where the family of the member is
prevented by official order from accompanying the member to, or
has been ordered from, the assigned post of the member because
of imminent danger due to the prevalence of disturbed condi-
tions, except that-
(A) with respect to any such member whose family is
located in the United States, the Secretary may pay the costs
and expenses for not to exceed two round trips in a 12-month
period; and
(B) with respect to any such member whose family is
located abroad, the Secretary may pay such costs and
expenses for trips in a 12-month period as do not exceed the
cost of 2 round trips (at less than first class) to the District of
Columbia;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2126 PUBLIC LAW 96-465-OCT. 17, 1980
(9) round-trip travel from a location abroad for purposes of
family visitation in emergency situations involving personal
hardship;
(10) preparing and transporting to the designated home in the
United States or to a place not more distant, the remains of a
member of the Service, or of a family member of a member of the
Service, who dies abroad or while in travel status;
(11) transporting the furniture and household and personal
effects of a member of the Service (and of his or her family) to
successive posts of duty and, on separation of a member from the
Service, to the place where the member will reside (or if the
member has. died, to the place where his or her family will
reside);
(12) packing and unpacking, transporting to and from a place
of storage, and storing the furniture and household and personal
effects of a member of the Service (and of his or her family)-
(A) when the member is absent from his or her post of
assignment under orders or is assigned to a Foreign Service
post to which such furniture and household and personal
effects cannot be taken or at which they cannot be used, or
when it is in the public interest or more economical to
authorize storage;
(B) in connection with an assignment of the member to a
new post, except that costs and expenses may be paid under
this subparagraph only for the period beginning on the date
of departure from his or her last post or (in the case of a new
member) on the date of departure from the place of residence
of the member and ending on the earlier of the date which is
3 months after arrival of the member at the new post or the
date on which the member establishes residence quarters;
and
(C) in connection with separation of the member from the
Service, except that costs or expenses may not be paid under
this subparagraph for storing furniture and household and
personal effects for more than 3 months;
(13) transporting, for or on behalf of a member of the Service, a
privately owned motor vehicle in any case in which the Secretary
determines that water, rail, or air transportation of the motor
vehicle is necessary or expedient for all or any part of the
distance between points of origin and destination, but transpor-
tation may be provided under this paragraph for only one motor
vehicle of a member during any 48-month period while the
member is continuously serving abroad, except that another
motor vehicle may be so transported as a replacement for such
motor vehicle if such replacement-
(A) is determined, in advance, by the Secretary to be
necessary for reasons beyond the control of the member and
in the interest of the Government, or
(B) is incident to a reassignment when the cost of trans-
porting the replacement motor vehicle does not exceed the
cost of transporting the motor vehicle that is replaced;
(14) the travel and relocation of members of the Service, and
members of their families, assigned to or within the United
States (or any territory or possession of the United States or the
Commonwealth of Puerto Rico)
including assignments under
,
5 USC 3371. subchapter VI of chapter 33 of title 5, United States Code
5 USC 3375. (notwithstanding section 3375(a) of such title, if an agreement
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2127
similar to that required by section 3375(b) of such title is
executed by the member of the Service); and
(15) 1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad-
(A) to visit the member abroad if the child does not
regularly reside with the member and the member is not
receiving an education allowance or educational travel
allowance for the child under section 5924(4) of title 5,
United States Code; or
(B) to visit the other parent of the child if the other parent
resides in a country other than the country to which the
member is assigned and the child regularly resides with the
member and does not regularly attend school in the country
in which the other parent resides,
except that a payment under this paragraph may not exceed the
cost of round-trip travel between the post to which the member is
assigned and the port of entry in the contiguous 48 States which
is nearest to that post.
SEC. 902. LOAN OF HOUSEHOLD EFFECTS.-The Secretary may, as a
means of eliminating transportation costs, provide members of the
Service with basic household furnishing and equipment for use on a
loan basis in personally owned or leased residences.
SEC. 903. REQUIRED LEAVE IN THE UNITED STATES.-(a) The Secre-
tary may order a member of the Service who is a citizen of the United
States to take a leave of absence under section 6305 of title 5, United
States Code (without regard to the introductory clause of subsection
(a) of that section), upon completion by that member of 18 months of
continuous service abroad. The Secretary shall order on such a leave
of absence a member of the Service who is a citizen of the United
States as soon as possible after completion by that member of 3 years
of continuous service abroad.
(b) Leave ordered under this section may be taken in the United
States, its territories and possessions, or the Commonwealth of
Puerto Rico.
(c) While on a leave of Absence ordered under this section, the
services of any member of the Service shall be available for such work
or duties in the Department or elsewhere as the Secretary may
prescribe, but the time of such work or duties shall not be counted as
leave.
SEC. 904. HEALTH CARE.-(a) The Secretary of State may establish a
health care program to promote and maintain the physical and
mental health of members of the Service, and (when incident to
service abroad) other designated eligible Government employees, and
members of the families of such members and employees.
(b) Any such health care program may include (1) medical examina-
tions for applicants for employment, (2) medical examinations and
inoculations or vaccinations for members of the Service and employ-
ees of the Department who are citizens of the United States and for
members of their families, and (3) examinations necessary in order to
establish disability or incapacity of participants in the Foreign
Service Retirement and Disability System or to provide survivor
benefits under chapter 8.
(c) The Secretary of State may establish health care facilities and
provide for the services of physicians, nurses, or other health care
personnel at Foreign Service posts abroad at which, in the opinion of
the Secretary of State, a sufficient number of Government employees
are assigned to warrant such facilities or services.
Program
services.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2128 PUBLIC LAW 96-465-OCT. 17, 1980
Treatment costs. (d) If an individual eligible for health care under this section incurs
an illness, injury, or medical condition while abroad which requires
hospitalization or similar treatment, the Secretary may pay all or
part of the cost of such treatment. Limitations on such payments
established by regulation may be waived whenever the Secretary
determines that the illness, injury, or medical condition clearly was
caused or materially aggravated by the fact that the individual
concerned is or has been located abroad.
(e) Health care may be provided under this section to a member of
the Service or other designated eligible Government employee after
the separation of such member or employee from Government
service. Health care may be provided under this section to a member
of the family of a member of the Service or of a designated eligible
Government employee after the separation from Government service
or the death of such member of the Service or employee or after
dissolution of the marriage.
Program review. (f) The Secretary of State shall review on a continuing basis the
health care program provided for in this section. Whenever the
Secretary of State determines that all or any part of such program
can be provided for as well and as cheaply in other ways, the
Secretary may, for such individuals, locations, and conditions as the
Secretary of State deems appropriate, contract for health care pursu-
ant to such arrangements as the Secretary deems appropriate.
22 USC 4085. SEC. 905. REPRESENTATION EXPENSES.-Notwithstanding section
5536 of title 5, United States Code, the Secretary may provide for
official receptions and may pay entertainment and representational
expenses (including expenses of family members) to enable the
Department and the Service to provide for the proper representation
of the United States and its interests. In carrying out this section, the
Secretary shall, to the maximum extent practicable, provide for the
use of United States products, including American wine.
CHAPTER 10-LABOR-MANAGEMENT RELATIONS
22 USC 4101. SEC. 1001. LABOR-MANAGEMENT POLICY.-The Congress finds
that-
(1) experience in both private and public employment indicates
that the statutory protection of the right of workers to organize,
bargain collectively, and participate through labor organizations
of their own choosing in decisions which affect them-
(A) safeguards the public interest,
(B) contributes to the effective conduct of public business,
and
(C) facilitates and encourages the amicable settlement of
disputes between workers and their employers involving
conditions of employment;
(2) the public interest demands the highest standards of per-
formance by members of the Service and the continuous develop-
ment and implementation of modern and progressive work
practices to facilitate improved performance and efficiency; and
(3) the unique conditions of Foreign Service employment
require a distinct framework for the development and implemen-
tation of modern, constructive, and cooperative relationships
between management officials and organizations representing
members of the Service.
Therefore, labor organizations and collective bargaining in the Serv-
ice are in the public interest and are consistent with the requirement
of an effective and efficient Government. The provisions of this
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2129
chapter should be interpreted in a manner consistent with the
reQ~iuirement of an effective and efficient Government.
SEC. 1002. DEFINITIONS.-As used in this chapter, the term- 22 USC 4102.
(1) "Authority" means the Federal Labor Relations Authority,
described in section 7104(a) of title 5, United States Code;
(2) "Board" means the Foreign Service Labor Relations Board,
established by section 1006(a)?
(3) "collective bargaining ' means the performance of the
? mutual obligation of the management representative of the
Department and of the exclusive representative of employees to
meet at reasonable times and to consult and bargain in a good-
faith effort to reach agreement with respect to the conditions of
employment affecting employees, and to execute, if requested by
either party, a written document incorporating any collective
bargaining agreement reached, but this obligation does not
compel either party to agree to a proposal or to make a
concession;
(4) "collective bargaining agreement" means an agreement
entered into as a result of collective bargaining under the
provisions of this chapter;
(5) "conditions of employment" means personnel policies, prac-
tices, and matters, whether established by regulation or other-
wise, affecting working conditions, but does not include policies,
practices, and matters-
(A) relating to political activities prohibited abroad or
prohibited under subchapter III of chapter 73 of title 5,
United States Code; 5 USC 7331.
(B) relating to the designation or classification of any
position under section 501; Ante, p. 2092.
(C) to the extent such matters are specifically provided for
by Federal statute; or
(D) relating to Government-wide or multiagency responsi-
bility of the Secretary affecting the rights, benefits, or
obligations of individuals employed in agencies other than
those which are authorized to utilize the Foreign Service
personnel system;
(6) "confidential employee" means an employee who acts in a
confidential capacity with respect to an individual who formu-
lates or effectuates management policies in the field of labor-
management relations;
(7) "dues" means dues, fees, and assessments;
(8) "employee" means-
(A) a member of the Service who is a citizen of the United
States, wherever serving, other than a management official,
a confidential employee, a consular agent, or any individual
who participates in a strike in violation of section 7311 of
title 5, United States Code; or
(B) a former member of the Service as described in subpar-
agraph (A) whose employment has ceased because of an
unfair labor practice under section 1015 and who has not
obtained any other regular and substantially equivalent
employment, as determined under regulations prescribed by
the Board;
(9) "exclusive representative" means any labor organization
which is certified as the exclusive representative of employees
under section 1011;
(10) "General Counsel" means the General Counsel of the
Authority;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980
(11) "labor organization" means an organization composed in
whole or in part of employees, in which employees participate
and pay dues, and which has as a purpose dealing with the
Department concerning grievances (as defined in section 1101)
and conditions of employment, but does not include-
(A) an organization which, by its constitution, bylaws, tacit
agreement among its members, or otherwise, denies mem-
bership because of race, color, creed, national origin, sex,
age, preferential or nonpreferential civil service status,
political affiliation, marital status, or handicapping
condition;
(B) an organization which advocates the overthrow of the
constitutional form of government of the United States;
(C) an organization sponsored by the Department; or
(D) an organization which participates in the conduct of a
strike against the Government or any agency thereof or
imposes a duty or obligation to conduct, assist, or participate
in such a strike;
(12) "management official" means an individual who-
(A) is a chief of mission or principal officer;
(B) is serving in a position to which appointed by the
President, by and with the advice and consent of the Senate,
or by the President alone;
(C) occupies a position which in the sole judgment of the
Secretary is of comparable importance to the offices men-
tioned in subparagraph (A) or (B);
(D) is serving as a deputy to any individual described by
subparagraph (A), (B), or (C);
(E) is assigned to carry out functions of the Inspector
General of the Department of State and the Foreign Service
under section 209; or
(F) is engaged in the administration of this chapter or in
the formulation of the personnel policies and programs of
the Department;
(13) "Panel" means the Foreign Service Impasse Disputes
Panel, established by section 1010(a); and
(14) "person" means an individual, a labor organization, or an
agency to which this chapter applies.
SEC. 1003. APPLICATION.-(a) This chapter applies only with respect
to the Department of State, the International Communication
Agency, the United States International Development Cooperation
Agency, the Department of Agriculture, and the Department of
Commerce.
(b) The President may by Executive order exclude any subdivision
of the Department from coverage under this chapter if the President
determines that-
(1) the subdivision has as a primary function intelligence,
counterintelligence, investigative, or national security work, and
(2) the provisions of this chapter cannot be applied to that
subdivision in a manner consistent with national security
requirements and considerations.
(c) The President may by Executive order suspend any provision of
this chapter with respect to any post, bureau, office, or activity of the
Department, if the President determines in writing that the suspen-
sion is necessary in the interest of national security because of an
emergency.
SEC. 1004. EMPLOYEE RIGHTS.-(a) Every employee has the right to
form, join, or assist any labor organization, or to refrain from any
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2131
such activity, freely and without fear of penalty or reprisal. Each
employee shall be protected in the exercise of such right.
(b) Except as otherwise provided under this chapter, such right
includes the right-
(1) to act for a labor organization in the capacity of a repre-
sentative and, in that capacity, to present the views of the labor
organization to the Secretary and other officials of the Govern-
ment, including the Congress, or other appropriate authorities;
and
(2) to engage in collective bargaining with respect to conditions
of employment through representatives chosen by employees
under this chapter.
SEC. 1005. MANAGEMENT RIGHTS.-(a) Subject to subsection (b), 22 USC 4105.
nothing in this chapter shall affect the authority of any management
official of the Department, in accordance with applicable law-
(1) to determine the mission, budget, organization, and inter-
nal security practices of the Department, and the number of
individuals in the Service or in the Department;
(2) to hire, assign, direct, lay off, and retain individuals in the
Service or in the Department, to suspend, remove, or take other
disciplinary action against such individuals, and to determine
the number of members of the Service to be promoted and to
remove the name of or delay the promotion of any member in
accordance with regulations prescribed under section 605(b); Ante, p. 2096.
(3) to assign work, to make determinations with respect to
contracting out, and to determine the personnel by which the
operations of the Department shall be conducted;
(4) to fill positions from any appropriate source;
(5) to determine the need for uniform personnel policies and
procedures between or among the agencies to which this chapter
applies; and
(6) to take whatever actions may be necessary to carry out the
mission of the Department during emergencies.
(b) Nothing in this section shall preclude the Department and the
exclusive representative from negotiating-
(1) at the election of the Department, on the numbers, types,
and classes of employees or positions assigned to any organiza-
tional subdivision, work project, or tour of duty, or on the
technology, methods, and means of performing work;
(2) procedures which management officials of the Department
will observe in exercising any function under this section; or
(3) appropriate arrangements for employees adversely affected
by the exercise of any function under this section by such
management officials.
SEC. 1006. FOREIGN SERVICE LABOR RELATIONS BOARD.-(a) There is 22 USC 4106.
established within the Federal Labor Relations Authority the For-
eign Service Labor Relations Board. The Board shall be composed of 3
members, 1 of whom shall be the Chairman of the Authority, who
shall be the Chairperson of the Board. The remaining 2 members
shall be appointed by the Chairperson of the Board from nominees
approved in writing by the agencies to which this chapter applies,
and the exclusive representative (if any) of employees in each such
agency. In the event of inability to obtain agreement on a nominee,
the Chairperson shall appoint the remaining 2 members from among
individuals the Chairperson considers knowledgeable in labor-man-
agement relations and the conduct of foreign affairs.
(b) The Chairperson shall serve on the Board while serving as
Chairman of the Authority. Of the 2 original members of the Board
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2132 PUBLIC LAW 96-465-OCT. 17, 1980
other than the Chairperson, one shall be appointed for a 2-year term
and one shall be appointed for a 3-year term. Thereafter, each
member of the Board other than the Chairperson shall be appointed
for a term of 3 years, except that an individual appointed to fill a
vacancy occurring before the end of a term shall be appointed for the
unexpired term of the member replaced. The Chairperson may at any
time designate an alternate Chairperson from among the members of
the Authority.
(c) A vacancy on the Board shall not impair the right of the
remaining members to exercise the full powers of the Board.
(d) The members of the Board, other than the Chairperson, may not
hold another office or position in the Government except as author-
ized by law, and shall receive compensation at the daily equivalent of
the rate payable for level V of the Executive Schedule under section
5316 of title 5, United States Code, for each day they are performing
their duties (including traveltime).
(e) The Chairperson may remove any other Board member, upon
written notice, for corruption, neglect of duty, malfeasance, or
demonstrated incapacity to perform his or her functions, established
at a hearing, except where the right to a hearing is waived in writing.
22 USC 4107. SEC. 1007. FUNCTIONS OF THE BOARD.-(a) The Board shall-
(1) supervise or conduct elections and determine whether a
labor organization has been selected as the exclusive representa-
tive by a majority of employees who cast valid ballots and
otherwise administer the provisions of this chapter relating to
the according of exclusive recognition to a labor organization;
(2) resolve complaints of alleged unfair labor practices;
(3) resolve issues relating to the obligation to bargain in good
faith;
(4) resolve disputes concerning the effect, the interpretation, or
a claim of breach of a collective bargaining agreement, in
accordance with section 1014; and
(5) t
k
ti
id
d
a
e any ac
on cons
ere
necessary to administer effec-
tively the provisions of this chapter.
(b) Decisions of the Board under this chapter shall be consistent
with decisions rendered by the Authority under chapter 71 of title 5,
5 USC 7101 et United States Code, other than in cases in which the Board finds that
special circumstances require otherwise. Decisions of the Board
under this chapter shall not be construed as precedent by the
Authority, or any court or other authority, for any decision under
chapter 71 of title 5, United States Code.
(c) In order to carry out its functions under this chapter-
(1) the Board shall by regulation adopt procedures to apply in
the administration of this chapter; and
(2) the Board may-
(A) adopt other regulations concerning its functions under
this chapter;
(B) conduct appropriate inquiries wherever persons sub-
ject
to this chapter are located;
(C) hold hearings;
(D) administer oaths, take the testimony or deposition of
any individual under oath, and issue subpenas;
(E) require the Department or a labor organization to
cease and desist from violations of this chapter and require it
to take any remedial action the Board considers appropriate
to carry out this chapter; and
(F) consistent with the provisions of this chapter, exercise
the functions the Authority has under chapter 71 of title 5,
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2133
5 USC 7101 et
seq.
22 USC 4108.
(b) The Board may petition the United States Court of Appeals for Petition.
the District of Columbia for the enforcement of any order of the
Board under this chapter and for any appropriate temporary relief or
restraining order.
(c) Subsection (c) of section 7123 of title 5, United States Code, shall
apply to judicial review and enforcement of actions by the Board in
the same manner that it applies to judicial review and enforcement of
actions of the Authority under chapter 71 of title 5, United States
Code. 5 USC 7101 et
(d) The Board may, upon issuance of a complaint as provided in seq.
section 1016 charging that any person has engaged in or is engaging Unfair labor
relief
in an unfair labor practice, petition the United States District Court peition.
petition.
for the District of Columbia, for appropriate temporary relief (includ-
ing a restraining order). Upon the filing of the petition, the court
shall cause notice thereof to be served upon the person, and there-
upon shall have jurisdiction to grant any temporary relief (including
a temporary restraining order) it considers just and proper. A court
shall not grant any temporary relief under this section if it would
interfere with the ability of the Department to carry out its essential
functions or if the Board fails to establish probable cause that an
unfair labor practice is being committed.
SEC. 1010. FOREIGN SERVICE IMPASSE DISPUTES PANEL.-(a) There is 22 USC 4110.
established within the Federal Labor Relations Authority the For-
eign Service Impasse Disputes Panel, which shall assist in resolving
negotiating impasses arising in the course of collective bargaining
under this chapter. The Chairperson shall select the Panel from
among individuals the Chairperson considers knowledgeable in labor-
management relations or the conduct of foreign affairs. The Panel
shall be composed of 5 members, as follows:
(1) 2 members of the Service (other than a management
official, a confidential employee, or a labor organization official);
(2) one individual employed by the Department of Labor;
(3) one member of the Federal Service Impasses Panel; and
(4) one public member who does not hold any other office or
position in the Government.
The Chairperson of the Board shall set the terms of office for Panel
members and determine who shall chair the Panel.
(b) Panel members referred to in subsection (a) (3) and (4) shall Compensation.
receive compensation for each day they are performing their duties
(including traveltime) at the daily equivalent of the maximum rate
payable for grade GS-18 of the General Schedule under section 5332
of title 5, United States Code, except that the member who is also a 45 FR 69201.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
United States Code, to the same extent and in the same
manner as is the case with respect to persons subject to
chapter 71 of such title.
SEC. 1008. FUNCTIONS OF THE GENERAL COUNSEL.-The General
Counsel may-
(1) investigate alleged unfair labor practices under this
chapter,
(2) file and prosecute complaints under this chapter, and
(3) exercise such other powers of the Board as the Board may
prescribe.
SEC. 1009. JUDICIAL REVIEW AND ENFORCEMENT.-(a) Except as
provided in section 1014(d), any person aggrieved by a final order of
the Board may, during the 60-day periad beginning on the date on
which the order was issued, institute an action for Judicial review of
such order in the United States Court of Appeals for the District of
Columbia.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2134 PUBLIC LAW 96-465-OCT. 17, 1980
member of the Federal Service Impasses Panel shall not be entitled to
pay under this subsection for any day for which he or she receives pay
Travel expenses. under section 7119(b)(4) of title 5, United States Code. Members of the
Panel shall be entitled to travel expenses as provided under section
5703 of title 5, United States Code.
Impasse (c)(1) The Panel or its designee shall promptly investigate any
investigation impasse presented to it by a party. The Panel shall consider the
and settlement.
Labor
organization.
22 USC 4111.
alleged that the exclusive representative is no longer the
representative of the majority of the employees in the unit;
or
(2) by any person seeking clarification of, or an amendment
to, a certification then in effect or a matter relating to
representation;
the Board shall investigate the petition, and if it has reasonable cause
to believe that a question of representation exists, it shall provide an
opportunity for a hearing (for which a transcript shall be kept) after
reasonable notice. If the Board finds on the record of the hearing that
a question of representation exists, the Board shall supervise or
conduct an election on the question by secret ballot and shall certify
the results thereof. An election under this subsection shall not be
conducted in any unit within which a valid election under this
subsection has been held during the preceding 12 calendar months or
with respect to which a labor organization has been certified as the
exclusive representative during the preceding 24 calendar months.
(c) A labor organization which-
representative, that 30 percent of the employees in the unit
impasse and shall elther-
(A) recommend to the parties to the negotiation procedures for
the resolution of the impasse; or
(B) assist the parties in resolving the impasse through what-
ever methods and procedures, including factfinding and recom-
mendations, it may consider appropriate to accomplish the
purpose of this section.
(2) If the parties do not arrive at a settlement after assistance by
the Panel under paragraph (1), the Panel may-
(A) hold hearings;
(B) administer oaths, take the testimony or deposition of any
individual under oath, and issue subpenas as provided in section
7132 of title 5, United States Code; and
(C) take whatever action is necessary and not inconsistent with
this chapter to resolve the impasse.
(3) Notice of any final action of the Panel under this section shall be
promptly served upon the parties, and the action shall be binding on
such parties during the term of the collective bargaining agreement
unless the parties agree otherwise.
SEC. 1011. EXCLUSIVE RECOGNrrloN.-(a) The Department shall
accord exclusive recognition to a labor organization if the organiza-
tion has been selected as the representative, in a secret ballot
election, by a majority of the employees in a unit who cast valid
ballots in the election.
(b) If a petition is filed with the Board-
(1) by any person alleging-
(A) in the case of a unit for which there is no exclusive
representative, that 30 percent of the employees in the unit
wish to be represented for the purpose of collective bargain-
ing by an exclusive representative, or
(B) in the case of a unit for which there is an exclusive
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2135
(1) has been designated by at least 10 percent of the employees
in the unit; or
(2) is the exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to subsection
(b) and shall be placed on the ballot of any election under subsection
(b) with respect to the petition.
(d)(1) The Board shall determine who is eligible to vote in any
election under this section and shall establish regulations governing
any such election, which shall include regulations allowing employ-
ees eligible to vote the opportunity to choose-
(A) from labor organizations on the ballot, that labor organiza-
tion which the employees wish to have represent them; or
(B) not to be represented by a labor organization.
(2) In any election in which more than two choices are on the ballot,
the regulations of the Board shall provide for preferential voting. If
no choice receives a majority of first preferences, the Board shall
distribute to the two choices having the most first preferences the
preferences as between those two of the other valid ballots cast. The
choice receiving a majority of preferences shall be declared the
winner. A labor organization which is declared the winner of the
election shall be certified by the Board as the exclusive
representative.
(e) A labor organization seeking exclusive recognition shall submit,
to the Board and to the Department a roster of its officers an!?,
representatives, a copy of its constitution and bylaws, and a state-
ment of its objectives.
(0 Exclusive recognition shall not be accorded to a labor
organization-
(1) if the Board determines that the labor organization is
subject to corrupt influence or influences opposed to democratic
principles; or
(2) in the case of a petition filed under subsection (b)(1)(A), if
there is not credible evidence that at least 30 percent of the
employees wish to be represented for the purpose of collective
bargaining by the labor organization seeking exclusive
recognition.
(g) Nothing in this section shall be construed to prohibit the
waiving of hearings by stipulation for the purpose of a consent
election in conformity with regulations and rules. or decisions of the
Board.
SEC. 1012. EMPLOYEES REPRESENTED.-The employees of the Depart-
ment shall constitute a single and separate worldwide bargaining
unit, from which there shall be excluded-
(1) employees engaged in personnel work in other than a
purely clerical capacity; and
(2) employees engaged in criminal or national security investi-
gations or who audit the work of individuals to insure that their
functions are discharged honestly and with integrity.
SEC. 1013. REPRESENTATION RIGHTS AND DUTIES.-(a) A labor orga-
nization which has been accorded exclusive recognition is the exclu-
sive representative of, and is entitled to act for, and negotiate
collective bargaining agreements covering, all employees in the unit
described in section 1012. An exclusive representative is respon-
sible for representing the interests of all employees in that unit
without discrimination and without regard to labor organization
membership.
(b)(1) An exclusive representative shall be given the opportunity to
be represented at-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2136 PUBLIC LAW 96-465-OCT. 17, 1980
(A) any formal discussion between one or more representatives
of the Department and one or more employees in the unit (or
their representatives), concerning any grievance (as defined in
section 1101) or any personnel policy or practice or other general
condition of employment; and
(B) any examination of an employee by a Department repre-
sentative in connection with an investigation if-
(i) the employee reasonably believes that the examination
may result in disciplinary action against the employee, and
(ii) the employee requests such representation.
(2) The Department shall annually inform employees of their rights
under paragraph (1)(B).
(c) The Department and the exclusive representative, through
appropriate representatives, shall meet and negotiate in good faith
for the purposes of arriving at a collective bargaining agreement. In
addition, the Department and the exclusive representative may
determine appropriate techniques, consistent with the provisions of
section 1010, to assist in any negotiation.
(d) The rights of an exclusive representative under this section
shall not preclude an employee from-
(1) being represented by an attorney or other representative of
the employee's own choosing, other than the exclusive repre-
sentative, in any grievance proceeding under chapter 11; or
(2) exercising grievance or appeal rights established by law,
rule, or regulation.
(e) The duty of the Department and the exclusive representative to
negotiate in good faith shall include the obligation-
(1) to approach the negotiations with a sincere resolve to reach
a collective bargaining agreement;
(2) to be represented at the negotiations by duly authorized
representatives prepared to discuss and negotiate on any condi-
tion of employment;
(3) to meet at reasonable times and convenient places as
frequently as may be necessary and to avoid unnecessary delays;
(4) for the Department to furnish to the exclusive representa-
tive, or its authorized representative, upon request and to the
extent not prohibited by law, data-
(A) which is normally maintained by the Department in
the regular course of business;
(B) which is reasonably available and necessary for full
and proper discussion, understanding, and negotiation of
sub' ects within the scope of collective bargaining; and
(C) which does not constitute guidance, advice, counsel, or
training provided for management officials or confidential
employees, relating to collective bargaining;
(5) to negotiate jointly with respect to conditions of employ-
ment applicable to employees in more than one of the agencies
authorized to utilize the Foreign Service personnel system, as
determined by the heads of such agencies; and
(6) if agreement is reached, to execute, upon the request of any
party to the negotiation, a written document embodying the
agreed terms, and to take the steps necessary to implement the
agreement.
Agreement (f)(1) An agreement between the Department and the exclusive
approval. representative shall be subject to approval by the Secretary.
(2) The Secretary shall approve the agreement within 30 days after
the date of the agreement unless the Secretary finds in writing that
the agreement is contrary to applicable law, rule, or regulation.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2137
(3) Unless the Secretary disapproves the agreement by making a
finding under paragraph (2), the agreement shall take effect after 30
days from its execution and shall be binding on the Department and
the exclusive representative subject to all applicable laws, orders, and
regulations.
(g) The Department shall consult with the exclusive representative
with respect to Government-wide or multiagency matters affecting
the rights, benefits, or obligations of individuals employed in agencies
not authorized to utilize the Foreign Service personnel system. The
exclusive representative shall be informed of any change proposed by
the Department with respect to such matters, and shall be permitted
,reasonable time to present its views and recommendations regarding
such change. The Department shall consider the views and recom-
mendations of the exclusive representative before taking final action
on any such change, and shall provide the exclusive representative a
written statement of the reasons for taking the final action.
SEC. 1014. RESOLUTION OF IMPLEMENTATION DISPUTES.-(a) Any 22 USC 4114.
dispute between the Department and the exclusive representative
concerning the effect, interpretation, or a claim of breach of a
collective bargaining agreement shall be resolved through proce-
dures negotiated by the Department and the exclusive representa-
tive. Any procedures negotiated under this section shall-
(1) be fair and simple,
(2) provide for expeditious processing, and
(3) include provision for appeal to the Foreign Service Griev- Appeal.
ance Board by either party of any dispute not satisfactorily
settled.
(b) Either party to an appeal under subsection (a)(3) may file with Exception, filing.
the Board an exception to the action of the Foreign Service Grievance
Board in resolving the implementation dispute. If, upon review, the
Board finds that the action is deficient-
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts
in private sector labor-management relations;
the Board may take such action and make such recommendations
concerning the Foreign Service Grievance Board action as it consid-
ers necessary, consistent with applicable laws, rules, and regulations.
(c) If no exception to a Foreign Service Grievance Board action is
filed under subsection (b) within 30 days after such action is commu-
nicated to the parties, such action shall become final and binding and
shall be implemented by the parties.
(d) Resolutions of disputes under this section shall not be subject to
judicial review.
SEC. 1015. UNFAIR LABOR PRACTICES.-(a) It shall be an unfair labor 22 USC 4115.
practice for the Department-
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
(2) to encourage or discourage membership in any labor organi-
zation by discrimination in connection with hiring, tenure,
promotion, or other conditions of employment;
(3) to sponsor, control, or otherwise assist any labor organiza-
tion, other than to furnish upon request customary and routine
services and facilities on an impartial basis to labor organiza-
tions having equivalent status;
(4) to discipline or otherwise discriminate against an employee
because the employee has filed a complaint or petition, or has
given any information, affidavit, or testimony under this
chapter;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2138 PUBLIC LAW 96-465-OCT. 17, 1980
(5) to refuse to consult or negotiate in good faith with a labor
organization, as required under this chapter;
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this chapter;
(7) to enforce any rule or regulation (other than a rule or
regulation implementing section 2302 of title 5, United States
Code) which is in conflict with an applicable collective bargain-
ing agreement if the agreement was in effect before the date the
rule or regulation was prescribed; or
(8) to fail or refuse otherwise to comply with any provision of
this chapter.
(b) It shall be an unfair labor practice for a labor organization-
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
(2) to cause or attempt to cause the Department to discriminate
against any employee in the exercise by the employee of any
right under this chapter;
(3) to coerce, discipline, fine, or attempt to coerce a member of
the labor organization as punishment or reprisal, or for the
purpose of hindering or impeding the member's work perform-
ance or productivity as an employee or the discharge of the
member's functions as an employee;
(4) to discriminate against an employee with regard to the
terms and conditions of membership in the labor organization on
the basis of race, color, creed, national origin, sex, age, preferen-
tial or nonpreferential civil service status, political affiliation,
marital status, or handicapping condition;
(5) to refuse to consult or negotiate in good faith with the
Department, as required under this chapter;
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this chapter;
(7)(A) to call, or participate in, a strike, work stoppage, or
slowdown, or to picket the Department in a labor-management
dispute (except that any such picketing in the United States
which does not interfere with the Department's operations shall
not be an unfair labor practice); or
(B) to condone any unfair labor practice described in subpara-
graph (A) by failing to take action to prevent or stop such
activity;
(8) to deny membership to any employee in the unit repre-
sented by the labor organization except-
(A) for failure to tender dues uniformly required as a
condition of acquiring and retaining membership, or
(B) in the exercise of disciplinary procedures consistent
with the organization's constitution or bylaws and this
chapter; or
(9) to fail or refuse otherwise to comply with any provision of
this chapter.
(c) The expression of any personal view, argument, or opinion, or
.the making of any statement, which-
(1) publicizes the fact of a representational election and encour-
ages employees to exercise their right to vote in such an election;
(2) corrects the record with respect to any false or misleading
statement made by any person; or
(3) informs employees of the Government's policy relating to
labor-management relations and representation,
if the expression contains no threat of reprisal or force or promise of
benefit and was not made under coercive conditions shall not-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2139
(A) constitute an unfair labor practice under this chapter, or
(B) constitute grounds for the setting aside of any election
conducted under this chapter.
(d) Issues which can properly be raised under an appeals procedure
may not be raised as unfair labor practices prohibited under this
section. Except for matters wherein, under section 1109(b), an
employee has an option of using the grievance procedure under
chapter 11 or an appeals procedure, issues which can be raised under
section 1014 or chapter 11 may, in the discretion of the aggrieved
party, be raised either under such section or chapter or else raised as
an unfair labor practice under this section, but may not be raised
both under this section and under section 1014 or chapter 11.
SEC. 1016. PREVENTION OF UNFAIR LABOR PRACTICES.-(a) If the
Department or labor organization is charged by any person with
having engaged in or engaging in an unfair labor practice, the
General Counsel shall investigate the charge and may issue and
cause to be served upon the Department or labor organization a
complaint. In any case in which the General Counsel does not issue a
complaint because the charge fails to state an unfair labor practice,
the General Counsel shall provide the person making the charge a
written statement of the reasons for not issuing a complaint.
(b) Any complaint under subsection (a) shall contain a notice-
(1) of the charge;
(2) that a hearing will be held before the Board (or any member
thereof or before an individual employed by the Board and
designated for such purpose); and
(3) of the time and place fixed for the hearing.
(c) The labor organization or Department involved shall have the
right to file an answer to the original and any amended complaint
and to appear in person or otherwise and give testimony at the time
and place fixed in the complaint for the hearing.
(d)(1) Except as provided in paragraph (2), no complaint shall be
issued based on any alleged unfair labor practice which occurred
more than 6 months before the filing of the charge with the Board.
(2) If the General Counsel determines that the person filing any
charge was prevented from filing the charge during the 6-month
period referred to in paragraph (1) by reason of-
(A) any failure of the Department or labor organization against
which the charge is made to perform a duty owed to the person,
or
(B) any concealment which prevented discovery of the alleged
unfair labor practice during the 6-month period,
the General Counsel may issue a complaint based on the charge if the
charge was filed during the 6-month period beginning on the day of
the discovery by the person of the alleged unfair labor practice.
(e) The General Counsel may prescribe regulations providing for
informal methods by which the alleged unfair labor practice may be
resolved prior to the issuance of a complaint.
(f) The Board (or any member thereof or any individual employed
by the Board and designated for such purpose) shall conduct a
hearing on the complaint not earlier than 5 days after the date on
which the complaint is served. In the discretion of the individual or
individuals conducting the hearing, any person involved may be
allowed to intervene in the hearing and to present testimony. Any
such hearing shall, to the extent practicable, be conducted in accord-
ance with the provisions of subchapter II of chapter 5 of title 5,
United States Code, except that the parties shall not be bound by
rules of evidence, whether statutory, common law, or adopted by a
Investigation.
22 USC 4116.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2140 PUBLIC LAW 96-465-OCT. 17, 1980
court. A transcript shall be kept of the hearing.- After such a hearing
the Board, in its discretion, may upon notice receive further evidence
or hear argument.
(g) If the Board (or any member thereof or any individual employed
by the Board and designated for such purpose) determines after any
hearing on a complaint under subsection (f) that the preponderance
of the evidence received demonstrates that the Department or labor
organization named in the complaint has engaged in or is engaging in
an unfair labor practice, then the individual or individuals conduct-
ing the hearing shall state in writing their findings of fact and shall
issue and cause to be served on the Department or labor organization
an order-
(1) to cease and desist from any such unfair labor practice in
which the Department or labor organization is engaged;
(2) requiring the parties to renegotiate a collective bargaining
agreement in accordance with the order of the Board and
requiring that the agreement, as amended, be given retroactive
effect;
(3) requiring reinstatement of an employee with backpay in
accordance with section 5596 of title 5, United States Code; or
(4) including any combination of the actions described in
paragraphs (1) through (3) or such other action as will carry out
the purpose of this chapter.
Back Pay. If any such order requires reinstatement of an employee with
backpay, backpay may be required of the Department (as provided in
section 5596 of title 5, United States Code) or of the labor organiza-
tion, as the case may be, which is found to have engaged in the unfair
labor practice involved.
(h) If the individual or individuals conducting the hearing deter-
mine that the preponderance of the evidence received fails to demon-
strate that the Department or labor organization named in the
complaint has engaged in or is engaging in an unfair labor practice,
the individual or individuals shall state in writing their findings of
fact and shall issue an order dismissing the complaint.
22 USC 4117. SEC. 1017. STANDARDS OF CONDUCT FOR LABOR ORGANIZATIONS.-(a)
The Department shall accord recognition only to a labor organization
that is free from corrupt influences and influences opposed to basic
democratic principles. Except as provided in subsection (b), an organi-
zation is not required to prove that it is free from such influences if it
is subject to a governing requirement adopted by the organization or
by a national or international labor organization or federation of
labor organizations with which it is affiliated, or in which. it partici-
pates, containing explicit and detailed provisions to which it sub-
scribes calling for-
(1) the maintenance of democratic procedures and practices,
including-
(A) provisions for periodic elections to be conducted subject
to recognized safeguards, and
(B) provisions defining and securing the right of individual
members to participate in the affairs of the organization, to
receive fair and equal treatment under the governing rules
of the organization, and to receive fair process in discipli-
nary proceedings;
(2) the exclusion from office in the organization of persons
affiliated with Communist or other totalitarian movements and
persons identified with corrupt influences;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2141
(3) the prohibition of business or financial interests on the part
of organization officers and agents which conflict with their duty
to the organization and its members; and
(4) the maintenance of fiscal integrity in the conduct of the
affairs of the organization, including provisions for accounting
and financial controls and regular financial reports or sum-
maries to be made available to members.
(b) A labor organization may be required to furnish evidence of its
freedom from corrupt influences opposed to basic democratic princi-
ples if there is reasonable cause to believe that-
(1) the organization has been suspended or expelled from, or is
subject to other sanction by, a parent labor organization, or
federation of organizations with which it has been affiliated,
because it has demonstrated an unwillingness or inability to
comply with governing requirements comparable in purpose to
those required by subsection (a); or
(2) the organization is in fact subject to influences that would
preclude recognition under this chapter.
(c) A labor organization which has or seeks recognition as a Reports.
representative of employees under this chapter shall file financial
and other reports with the Assistant Secretary of Labor for Labor
Management Relations, provide for bonding of officials and others
employed by the organization, and comply with trusteeship and
election standards.
(d) The Assistant Secretary of Labor shall prescribe such regula- Regulations.
tions as are necessary to carry out this section. Such regulations shall
conform generally to the principles applied to labor organizations in
the private sector. Complaints of violations of this section shall be
filed with the Assistant Secretary. In any matter arising under this
section, the Assistant Secretary may require a labor organization to
cease and desist from violations of this section and require it to take
such actions as the Assistant Secretary considers appropriate to carry
out the policies of this section.
(e) This chapter does not authorize participation in the manage-
ment of a labor organization or acting as a representative of a labor
organization by a management official, a confidential employee, or
any other employee if the participation or activity would result in a
conflict or apparent conflict of interest or would otherwise be incom-
patible with law or with the official functions of such management
official or such employee.
(f) If the Board finds that any labor organization has willfully and Strike, work
intentionally violated section 1015(bX7) by omission or commission stoppage or
with regard to any strike, work stoppage, slowdown, the Board slowdown.
shall-
(1) revoke the exclusive recognition status of the labor organi-
zation, which shall then immediately cease to be legally entitled
and obligated to represent employees in the unit; or
(2) take any other appropriate disciplinary action.
SEC. 1018. ADMINISTRATIVE PxovISIoNs.-(a) If the Department has 22 USC 4118.
received from any individual a written assignment which authorizes
the Department to deduct from the salary of that individual amounts
for the payment of regular and periodic dues of the exclusive
representative, the Department shall honor the assignment. Any
such assignment shall be made at no cost to the exclusive representa-
tive or the individual. Except as provided in subsection (b), any such
assignment may not be revoked for a period of one year from its
execution.
(b) An assignment for deduction of dues shall terminate when-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2142 PUBLIC LAW 96-465-OCT. 17, 1980
(1) the labor organization ceases to be the exclusive repre-
sentative;
(2) the individual ceases to receive a salary from the Depart-
ment as a member of the Service; or
(3) the individual is suspended or expelled from membership in
the exclusive representative.
(c) During any period when no labor organization is certified as the
exclusive representative of employees in the Department, the Depart-
ment shall have the duty to negotiate with a labor organization which
has filed a petition under section 1011(bX1XA) alleging that 10
percent of the employees in the Department have membership in the
organization if the Board has determined that the petition is valid.
Negotiations under this subsection shall be concerned solely with the
deduction of dues of the labor organization from the salary of the
individuals who are members of the labor organization and who make
a voluntary allotment for that purpose. Any agreement between the
Department and a labor organization under this subsection shall
terminate upon the certification of an exclusive representative of any
employees to whom the agreement applies.
Official time, (d) The following provisions shall apply to the use of official time:
usage. (1) Any employee representing an exclusive representative in
the negotiation of a collective bargaining agreement under this
chapter shall be authorized official time for such purposes,
including attendance at impasse proceedings, during the time
the employee otherwise would be in a duty status. The number of
employees for whom official time is authorized under this para-
graph shall not exceed the number of individuals designated as
representing the Department for such purposes.
(2) Any activities performed by any employee relating to the
internal business of the labor organization, including the solicita-
tion of membership, elections of labor organization officials, and
collection of dues, shall be performed during the time the
employee is in a nonduty status.
(3) Except as provided in paragraph (1), the Board shall
determine whether an y employee participating for, or on behalf
of, a labor organization in an y phase of proceedings before the
Board shall be authorized official time for such purpose during
the time the employee would otherwise be in a duty status.
(4) Except as provided in paragraphs (1), (2), and (3), any
employee representing an exclusive representative, or engaged
in any other matter covered by this chapter, shall be granted
official time in any amount the Department and the exclusive
representative agree to be reasonable, necessary, and in the
public interest.
CHAPTER 11-GRIEVANCES
SEC. 1101. DEFINITION OF GRIEVANCE.-(a)(1) Except as provided in
subsection (b), for purposes of this chapter, the term `grievance"
means any act, omission, or condition subject to the control of the
Secretary which is alleged to deprive a member of the Service who is
a citizen of the United States of a right or benefit authorized by law or
regulation or which is otherwise a source of concern or dissatisfaction
to the member, including-
(A) separation of the member allegedly contrary to laws or
regulations, or predicated upon alleged inaccuracy, omission,
error, or falsely prejudicial character of information in any part
of the official personnel record of the member;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT.. 17, 1980 94 STAT. 2143
(B) other alleged violation, misinterpretation, or misapplica-
tion of applicable laws, regulations, or published policy affecting
the terms and conditions of the employment or career status of
the member;
(C) allegedly wrongful disciplinary action against the member;
(D) dissatisfaction with respect to the working environment of
the member;
(E) alleged inaccuracy, omission, error, or falsely prejudicial
character of information in the official personnel record of the
member which is or could be prejudicial to the member;
(F) action alleged to be in the nature of reprisal or other
interference with freedom of action in connection with participa-
tion by the member in procedures under this chapter; and
(G) alleged denial of an allowance, premium pay, or other
financial benefit to which the member claims entitlement under
applicable laws or regulations.
(2) The scope of grievances described in paragraph (1) may be
modified by written agreement between the Department and the
labor organization. Accorded recognition as the exclusive representa-
tive under chapter 10 (hereinafter in this chapter referred to as the Ante, p. 2198.
"exclusive representative").
(b) For purposes of this chapter, the term "grievance" does not
include-
(1) an individual assignment of a member under chapter 5, Ante, p. 2092.
other than an assignment alleged to be contrary to law or
regulation;
(2) the judgment of a selection board established under section
602, a tenure board established under section 306(b), or any other Ante, pp. 2095,
equivalent body established by laws or regulations which Simi- 2086.
larly evaluates the performance of members of the Service on a
comparative basis;
(3) the expiration of a limited appointment, the termination of
a limited appointment under section 611, or the denial of a Ante, p. 2099.
limited career extension or of a renewal of a limited career
extension under section 607(b); or Ante, p. 2096.
(4) any complaint or appeal where a specific statutory hearing
procedure exists, except as provided in section 1109(b).
(c) This chapter applies only with respect to the Department of
State, the International Communication Agency, the United States
International Development Cooperation Agency, the Department of
Agriculture, and the Department of Commerce.
SEC. 1102. GRIEVANCES CONCERNING FORMER MEMBERS.-Within 22 USC 4132.
the time limitations of section 1104, a former member of the Service
or the surviving spouse (or, if none, another member of the family) of
a deceased member or former member of the Service may file a
grievance under this chapter only with respect to allegations
described in section 1101(a)(1)(G).
SEC. 1103. FREEDOM OF ACTION.-(a) Any individual filing a griev- 22 USC 4133.
ance under this chapter (hereinafter in this chapter referred to as the
"grievant"), and any witness, labor organization, or other person
involved in a grievance proceeding, shall be free from any restraint,
interference, coercion, harassment, discrimination, or reprisal in
those proceedings or by virtue of them.
(b)(1) The grievant has the right to a representative of his or her
own choosing at every stage of the proceedings under this chapter.
(2) In any case where the grievant is a member of a bargaining unit
represented by an exclusive representative, but is not represented
in the grievance by that exclusive representative, the exclusive
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2144 PUBLIC LAW 96-465-OCT. 17, 1980
representative shall have the right to appear during the grievance
proceedings.
(3) The grievant, and any representative of the grievant who is a
member of the Service or employee of the Department, shall be
granted reasonable periods of administrative leave to prepare and
present the grievance and to attend, proceedings under this chapter.
Administrative (c) Any witness who is a member of the Service or employee of the
leave. Department shall be granted reasonable. periods of administrative
leave to appear and testify at any proceedings under this chapter.
(d)(1) No record of-.
(A) a determination by the Secretary to. reject a. recommenda-
tion of the Foreign Service Grievance Board,
(B) a finding by the Grievance Board against the grievant, or
(C) the fact that a grievance proceeding is pending, or has been
held,
shall be entered in the personnel records of the grievant (except by
order of the Grievance Board as a remedy for the grievance) or those
of any other individual connected with the grievance.
Records, (2) The Department shall maintain records pertaining to griev-
confidentiality. ances under appropriate safeguards to preserve confidentiality.
(3) The Foreign Service Grievance Board may enforce compliance
with the requirements of paragraphs (1) and (2).
(e) The Department will use its best endeavors to expedite security
clearance procedures whenever necessary to assure a fair and prompt
resolution of a grievance;
22 USC 4134. SEC. 1104. TIME LIMITATIONS.-(a) A grievance is forever barred
unless it is filed with the Department within a period of 3 years after
the occurrence or occurrences giving rise to the grievance or such
shorter period as may be agreed to by the Department and the
exclusive representative. There shall be excluded from the computa-
tion of any such period any time during which, as determined by the
Foreign Service Grievance Board, the grievant was unaware of the
grounds for the grievance and could not have discovered such
grounds through reasonable diligence.
(b) If a grievance is not resolved under Department procedures
(which have been negotiated with, the exclusive representative, if
any) within ninety days after it is filed with the Department, the
grievant or the exclusive representative (on behalf of a grievant who
is a member of the bargaining unit) shall be entitled to file a
grievance with the Foreign Service Grievance Board for its considera-
tion and resolution.
Establishment. SEC. 1105. FOREIGN SERVICE GRIEVANCE BOARD.-(a) There is estab-
22 USC 4135. lished the Foreign Service Grievance Board (hereinafter in this
chapter referred to as the `Board"). The Board shall consist of no
fewer than 5 members who shall be independent, distinguished
citizens of the United States, well known for their integrity, who are
not employees of the Department or members of the Service.
Appointment. (b) The Chairperson and other members of the Board shall be
appointed by the Secretary of State, from nominees approved in
writing by the agencies to which this chapter applies and the
exclusive representative (if any) for each such agency. Each member
of the Board shall be appointed for a term of 2 years, subject to
renewal with the same written approvals required for initial appoint-
ment. In the event of a vacancy on the Board, an appointment for the
unexpired term may be made by the Secretary of State in accordance
with the procedures specified in this section. In the event of inability
to obtain agreement on a nominee, each such agency and exclusive
representative shall select 2 nominees and shall, in an order deter-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2145
mined by lot, in turn strike a name from a list of such nominees until
only one name remains. For purposes of this section, the nominee
whose name remains shall be deemed to be approved in writing by
each such agency head and exclusive representative.
(c) Members of the Board who are not employees of the Govern-
ment shall be paid for each day they are performing their duties
(including traveltime) at the daily equivalent of the maximum rate
payable for grade GS-18 of the General Schedule under section 5332
of title 5, United States Code.
(d) The Secretary of State may, upon written notice, remove a
Board member for corruption, neglect of duty, malfeasance, or
demonstrated incapacity to perform his or her functions, established
at a hearing (unless the right to a hearing is waived in writing by the
Board member).
(e) The Board may obtain facilities, services, and supplies through
the general administrative services of the Department of State. All
expenses of the Board, including necessary costs of the travel and
travel-related expenses of a grievant, shall be paid out of funds
appropriated to the Department for obligation and expenditure by
the Board. At the request of the Board, employees of the Department
and members of the Service may be assigned as staff employees for
the Board. Within the limits of appropriated funds, the Board may
appoint and fix the compensation of such other employees as the
Board considers necessary to carry out its functions. The individuals
so appointed or assigned shall be responsible solely to the Board, and
the Board shall prepare the performance evaluation reports for such
individuals. The records of the Board shall be maintained by the
Board and shall be separate from all other records of the Department
of State under appropriate safeguards to preserve confidentiality.
SEC. 1106. BOARD PROCEDURES.-The Board may adopt regulations
concerning its organization and procedures. Such regulations shall
include provision for the following: ,
(1) The Board shall conduct a hearing at the request of a
grievant in any case which involves-
(A) disciplinary action or the retirement of a grievant from
the Service under section 607 or 608, or
(B) issues which, in the judgment of the Board, can best be
resolved by a hearing or presentation of oral argument.
(2) The grievant, the representatives of the grievant, the
exclusive representative (if the grievant is a member of the
bargaining unit represented by the exclusive representative),
and the representatives of the Department are entitled to be
present at the hearing. The Board may, after considering the
views of the parties and any other individuals connected with the
grievance, decide that a hearing should be open to others.
Testimony at a hearing shall be given under oath, which any
Board member or individual designated by the Board shall have
authority to administer.
(3) Each party (including an exclusive representative appear-
ing in the proceedings) shall be entitled to examine and cross-
examine witnesses at the hearing or by deposition and to serve
interrogatories upon another party and have such interroga-
tories answered by the other party unless the Board finds such
interrogatory irrelevant, immaterial, or unduly repetitive. Upon
request of the Board, or upon a request of the grievant deemed
relevant and material by the Board, an agency shall promptly
make available at the hearing or by deposition any witness under
its control, supervision, or responsibility, except that if the Board
45 FR 69201.
Removal.
Administrative
services.
Ante, pp. 2096,
2097.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2146 PUBLIC LAW 96-465-OCT. 17, 1980
determines that the presence of such witness at the hearing is
required for just resolution of the grievance, then the witness
shall be made available at the hearing, with necessary costs and
travel expenses paid by the Department.
(4) During any hearing held by,,'the Board, any oral or documen-
tary evidence may be received, but the Board shall exclude any
irrelevant, immaterial, or unduly repetitious evidence, as deter-
mined under section 556 of title 5, United States Code.
(5) A verbatim transcript shall be made of any hearing and
shall be part of the record of proceedings.
(6) In those grievances in which the Board does not hold a
hearing, the Board shall afford to each party the opportunity to
review and to supplement, by written submissions, the record of
proceedings prior to the decision by the Board. The decision of
the Board shall be based exclusively on the record of proceedings.
(7) The Board may act by or through panels or individual
members designated by the Chairperson, except that hearings
within the continental United States shall be held by panels of at
least three members unless the parties agree otherwise. Refer-
ences in this chapter to the Board shall be considered to be
references to a panel or member of the Board where appropriate.
All members of the Board shall act as impartial' individuals in
considering grievances.
(8) If the Board determines that the Department is considering
the involuntary separation of the grievant, disciplinary action
against the grievant, or recovery from the grievant of alleged
overpayment of salary, expenses, or allowances, which is related
to a grievance pending before the Board and that such action
should be suspended, the Department shall suspend such action
until the Board has ruled upon the grievance. Notwithstanding
such suspension of action, the head of the agency concerned or a
chief of mission or principal officer may exclude the grievant
from official premises or from the performance of specified
functions when such exclusion is determined in writing to be
essential to the functioning of the post or office to which the
grievant is assigned.
(9) The Board may reconsider any decision upon presentation
of newly discovered or previously unavailable material evidence.
SEC. 1107. BOARD DECISIONS.-(a) Upon completion of its proceed-
ings, the Board shall expeditiously decide the grievance on the basis
of the record of proceedings. In each case the decision of the Board
shall be in writing, and shall include findings of fact and a statement
of the reasons for the decision of the Board.
(b) If the Board finds that the grievance is meritorious, the Board
shall have the authority to direct the Department-
(1) to correct any official personnel record relating to the
grievant which the Board finds to be inaccurate or erroneous, to
have an omission, or to contain information of a falsely prejudi-
cial character;
(2) to reverse a decision denying the grievant compensation or
any other perquisite of employment authorized by laws or
regulations when the Board finds that such decision was arbi-
trary, capricious, or contrary to laws or regulations;
(3) to retain in the Service a member whose separation would
be in consequence of the matter by which the member is
aggrieved;
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2147
(4) to reinstate the grievant, and to grant the grievant back pay
in accordance with section 5596(b)(1) of title 5, United States
Code;
(5) to pay reasonable attorney fees to the grievant to the same
extent and in the same manner as such fees may be required by
the Merit Systems Protection Board under section 7701(g) of title
5, United States Code; and
(6) to take such other remedial action as may be appropriate
under procedures agreed to by the Department and the exclusive
representative (if any).
(c) Except as provided in subsection (d), decisions of the Board
under this chapter shall be final, subject only to judicial review as
provided in section 1110.
(d) If the Board finds that the grievance is meritorious and that
remedial action should be taken that relates directly to promotion or
assignment of the grievant or to other remedial action not otherwise
provided for in this section, or if the Board finds that the evidence
before it warrants disciplinary action against any employee of the
Department or member of the Service, it shall make an appropriate
recommendation to the Secretary. The Secretary shall make a
written decision on the recommendation of the Board within 30 days
after receiving the recommendation. The Secretary shall implement
the recommendation of the Board except to the extent that, in a
decision made within that 30-day period, the Secretary rejects the
recommendation in whole or in part on the basis of a determination
that implementation of the recommendation would be contrary to
law or would adversely affect the foreign policy or national security
of the United States. If the Secretary rejects the recommendation in
whole or in part, the decision shall specify the reasons for such action.
Pending the decision of the Secretary, there shall be no ex parte
communication concerning the grievance between the Secretary and
any person involved in the proceedings of the Board. The Secretary
shall, however, have access to the entire record of the proceedings of
the Board.
SEC. 1108. ACCESS TO RECORDS.-(a) If a grievant is denied access to
any agency record prior to or during the consideration of the
grievance by the Department, the grievant may raise such denial
before the Board in connection with the grievance.
(b) In considering a grievance, the Board shall have access to any
agency record as follows:
(1)(A) The Board shall request access to any agency record
which the grievant requests to substantiate the grievance if the
Board determines that such record may be relevant and material
to the grievance.
(B) The Board may request access to any other agency record
which the Board determines may be relevant and material to the
grievance.
(2) Any agency shall make available to the Board any agency
record requested under paragraph (1) unless the head or deputy
head of such agency personally certifies in writing to the Board
that disclosure of the record to the Board and the grievant would
adversely affect the foreign policy or national security of the
United States or that such disclosure is prohibited by law. If such
a certification is made with respect to any record, the agency
shall supply to the Board a summary or extract of such record
unless the reasons specified in the preceding sentence preclude
such a summary or extract.
Recommenda-
tions.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2148 PUBLIC LAW 96-465-OCT. 17, 1980
(c) If the Board determines that an agency record, or a summary or
extract of a record, made available to the Board under subsection (b)
is relevant and material to the grievance, the agency concerned shall
make such record, summary, or extract, as the case may be, available
to the grievant.
(d) In considering a grievance, the Board may take into account the
fact that the grievant or the Board was denied access to an agency
record which the Board determines is or may be relevant and
material to the grievance.
(e) The grievant in any case decided by the Board shall have access
to the record of the proceedings and the decision of the Board.
22 USC 4139. SEC. 1109.. RELATIONSHIP TO OTHER REMEDIES.-(a) A grievant may
not file a grievance with the Board if the grievant has formally
requested, prior to filing a grievance, that the matter or matters
which are the basis of the grievance be considered or resolved and
relief be provided under another provision of law, regulation, or
Executive. order, other than under section 1206 of title 5, United
States Code, and the matter has been carried to final decision under
such provision on its merits or is still under consideration.
(b) If a grievant is not prohibited from filing a grievance under
subsection (a), the grievant may file with the Board a grievance which
is also eligible for consideration, resolution, and relief under chapter
5 USC 1201 et 12 of title 5, United States Code, or a regulation or Executive order
seq. other than under this chapter. An election of remedies under this
section shall be final upon the acceptance of jurisdiction by the
Board.
22 USC 4140. SEC. 1110. JUDICIAL REVIEW.-Any aggrieved party may obtain
judicial review of a final action of the Secretary or the Board on any
grievance in the district courts of the United States in accordance
with the standards set forth in chapter 7 of title 5, United States
5 USC 701 et seq. Code. Section 706 of title 5, United States Code, shall apply without
limitation or exception.
TITLE II-TRANSITION, AMENDMENTS TO OTHER LAWS,
AND MISCELLANEOUS PROVISIONS
CHAPTER 1-TRANSITION
22 USC 4151. SEC. 2101. PAY AND BENEFITS PENDING CONVERSION.-Until con-
verted under the provisions of this chapter, any individual who is in
the Foreign Service before the effective date of this Act and is serving
under an appointment as a Foreign Service officer, Foreign Service
information officer, Foreign Service Reserve officer with limited or
unlimited tenure, or Foreign Service staff officer or employee, shall
be treated for purposes of salary, allowances, and other matters as if
such individual had been converted under section 2102 or 2103, as the
case may be, on the effective date' of this Act, except that any
adjustment of salary under this section shall take effect-
(1) in the case of an individual who is in the Foreign Service on
the date of enactment of this Act, on the first day of the first pay
period which begins on or after October 1, 1980, and.
(2) in the case of an individual who is appointed to the Foreign
Service after the date of enactment of this Act, on the date such
appointment becomes effective.
22 USC 4152. . SEC. 2102. CONVERSION TO THE FOREIGN SERVICE SCHEDULE.-(a) Not
later than 120 days after the effective date of this Act, the Secretary
shall, in accordance with section 2106, convert to the appropriate
class in the Foreign Service Schedule established under section 403 of
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2149
this Act those individuals in the Foreign Service who are serving
immediately before the effective date of this Act under appointments
at or below class 3 of the schedule established under section 412 or 414
of the Foreign Service Act of 1946, or at any class in the schedule 22 Usc 867, 869.
established under section 415 of such Act, as- 22 use 870.
(1) Foreign Service officers, or
(2) Foreign Service Reserve officers with limited or unlimited
tenure, and Foreign Service staff officers or employees, who the
Secretary determines are available for worldwide assignment.
(b) Not later than 3 years after the effective date of this Act,
Foreign Service Reserve officers and staff officers and employees who
the Secretary determines under subsection (a)(2) are not available for
worldwide assignment shall also be converted, in accordance with
section 2106, to the appropriate class in the Foreign Service Schedule
established under section 403 if- Ante, p. 2088.
(1) the Secretary certifies that there is a need for their services
in the Foreign Service; and
(2) they agree in writing to accept availability for worldwide
assignment as a condition of continued employment.
SEC. 2103. CONVERSION TO THE SENIOR FOREIGN SERVICE.-(a) For- 22 USC 4153.
eign Service officers and Foreign Service Reserve officers with
limited or unlimited tenure who, immediately before the effective
date of this Act, are serving under appointments at class 2 or a higher
class of the schedule established under section 412 or 414 of the
Foreign Service Act of 1946 may at any time within 120 days after 22 use 807, 869.
such date submit to the Secretary a written request for appointment
to the Senior Foreign Service.
(b) Except as provided in subsection (d), if a request is submitted
under subsection (a) by a Foreign Service Reserve officer with limited
tenure, the Secretary shall grant to such officer a limited appoint-
ment to the Senior Foreign Service in the appropriate class estab-
lished under section 402 of this Act.
(c) If a request is submitted under subsection (a) by a Foreign
Service officer or, except as provided in subsection (d), a Foreign
Service Reserve officer with unlimited tenure, the Secretary shall
recommend to the President a career appointment of such officer, by
and with the advice and consent of the Senate, to the Senior Foreign
Service in the appropriate class established under section 402 of this
Act.
(d) If the Secretary determines that a Foreign Service Reserve
officer with limited or unlimited tenure who submits a request under
subsection (a) is not available for worldwide assignment, an appoint-
ment under subsection (b) or a recommendation for appointment
under subsection (c) shall be made only if-
(1) the Secretary certifies that there is a need for the services of
such officer in the Senior Foreign Service; and
(2) such officer agrees in writing to accept availability for
worldwide assignment as a condition of continued employment.
(e) If a Foreign Service officer or a Foreign Service Reserve officer
who is eligible to submit a request under subsection (a) submits a
written request for appointment to the Senior Foreign Service to the
Secretary more than 120 days after the effective date of this Act and
before the end of the 3-year period beginning on such effective date,
the Secretary (in the case of a Foreign Service Reserve officer with
limited tenure) may grant a limited appointment to, or (in the case of
a Foreign Service officer or Foreign Service Reserve officer with
unlimited tenure) may recommend to the President a career appoint-
ment of, the requesting officer to the appropriate class established
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2150 PUBLIC LAW 96-465-OCT. 17, 1980
under section 402 of this Act, subject to the conditions specified in
subsection (d) and such other conditions as the Secretary may
prescribe consistent with the provisions of chapter 6 of title I of this
Act relating to promotion into the Senior Foreign Service.
(f) Any officer of the Foreign Service who is eligible to submit a
request under subsection (a) and-
(1) who does not submit a request under subsection (a), or
(2) who submits such a request more than 120 days after the
effective date of this Act and is not appointed to the Senior
Foreign Service for any reason other than failure to meet the
conditions specified in subsection (d),
may not remain in the Foreign Service for more than 3 years after the
effective date of this Act. During such period, the officer shall be
subject to the provisions of title I of this Act applicable to members of
the Senior Foreign Service, except that such officer shall not be
Ante, p. 2088. eligible to compete for performance pay under section 405, and shall
not be eligible for a limited career extension as described in section
Ante, p. 2096. 607(b). Upon separation from the Service, any such officer who is a
participant in the Foreign Service Retirement and Disability System
shall be entitled to retirement benefits determined in accordance
with chapter 8 of title II of this Act.
22 USC 4154. SEC. 2104. CONVERSION FROM THE FOREIGN SERVICE.-(a) In the case
of any individual in the Foreign Service who, immediately before the
effective date of this Act, is serving under an appointment described
in section 2102(a) or 2103(a) and who is not converted under section
2102 or section 2103 because such 'individual does not meet the
conditions specified in section 2102(b) or 2103(d), the Secretary shall,
not later than 3 years after the effective date of this Act, provide
that-
(1) the position such individual holds shall be subject to chapter
5 USC 5101 et 51 and subchapter III of chapter 53 of title 5, United States Code;
seq., 5331. (2) such individual shall be appointed to such position without
competitive examination; and
(3) such position shall be considered to be in the competitive
service so long as the individual, continues to hold that position;
except that any such individual who meets the eligibility require-
ments for the Senior Executive Service and who. elects to join that
Service shall be converted by the Secretary to the Senior Executive
Service in the appropriate rate of basic pay established under section
5382 of title 5, United States Code.
International (b) In the case of individuals in the Foreign Service in the Interna-
Communication tional Communication Agency who immediately before the date of
Agency
personnel. enactment of this Act are covered by a collective bargaining agree-
ment between the Agency and the exclusive representative of those
individuals, the 3-year period referred to in subsection (a) shall begin
on July 1, 1981.
22 USC 4155. SEC. 2105. CONVERSION OF CERTAIN POSITIONS IN THE DEPARTMENT
OF AGRICULTURE.-(a) Not later than 15 days after the effective date
of this Act, the Secretary of Agriculture shall-
(1) designate and classify under section 501 of this Act those
positions in the Foreign Agricultural Service under the General
Schedule described in section 5332 of title 5, United States Code,
which the Secretary of Agriculture determines are to be occupied
by career members of the Foreign Service, and
(2) provide written notice to individuals holding those positions
of such designation and classification of the personnel category
Ante, p. 2076. under section 103 which will apply to such individual.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2151
(b) Each employee serving in a position at the time it is designated
under subsection (a) shall, not later than 120 days after notice of such
designation, elect-
(1) to accept conversion to the Foreign Service, in which case
such employee shall be converted in accordance with the provi-
sions of subsection (c); or
(2) to decline conversion to the Foreign Service and have the
provisions of subsection (d) apply.
(c)(1) The Secretary of Agriculture shall recommend to the Presi-
dent for appointment to the appropriate class (as determined under
paragraph (2)), by and with the advice and consent of the Senate,
those employees who elect conversion under subsection (a)(1).
(2) The Secretary of Agriculture shall appoint as Foreign Service
personnel those employees who elect to accept conversion and who
are not eligible for appointment under paragraph (1).
(d) Any employee who declines conversion under subsection (b)(2)
shall for so long as that employee continues to hold the designated
position be deemed to be a member of the Foreign Service for
purposes of allowances, differentials, and similar benefits (as deter-
mined by the Secretary of Agriculture). BENEFITS.-(a)(1) p
SEC. 2106. PRESERVATION OF STATUS AND BEvery 22 USC 4156.
individual who is converted under this chapter shall be converted to
the class or grade and pay rate that most closely corresponds to the
class or grade and step at which the individual was serving immedi-
ately before conversion. No conversion under this chapter shall cause
any individual to incur a reduction in his or her class, grade, or basic
rate of salary.
(2) An individual converted under section 2104 to a position in the
competitive service shall be entitled to have that position, or any
other position to which the individual is subsequently assigned (other
than at the request of the individual), be considered for all purposes
as at the grade which corresponds to the class in which the individual
served immediately before conversion so long as the individual
continues to hold that position.
(b)(1) Any participant in the Foreign Service )Retirement and Retirement
Disability System who would, but for this paragraph, participate in fund, participant
the Civil Service Retirement and Disability System by virtue of
conversion under this chapter shall remain a participant in the
Foreign Service Retirement and Disability System for 120 days after
participation in the Foreign Service Retirement and Disability
System would otherwise cease. During such 120-day period, the
individual may elect in writing to continue to participate in the
Foreign Service Retirement and Disability System instead of the
Civil Service Retirement and Disability System so long as he or she is
employed in an agency which is authorized to utilize the Foreign
Service personnel system. If such an election is not made, the
individual shall then be covered by the Civil Service Retirement and
Disability System and contributions made by the participant to the
Foreign Service Retirement and Disability Fund shall be transferred
to the Civil Service Retirement and Disability Fund.
(2) Any Foreign Service Reserve officer with limited tenure who
has reemployment rights to a personnel category in the Foreign
Service in which he or she would be a participant in the Foreign
Service Retirement and Disability System and who would, but for
this paragraph, continue to participate in the Civil Service Retire-
ment and Disability System by virtue of conversion under section
2104 may elect, during the 120-day period beginning on the date of
such conversion, to become a participant in the Foreign Service
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2152 PUBLIC LAW 96-465-OCT. 17, 1980
Retirement and Disability System so long as he or she is employed in
an agency which is authorized to utilize the Foreign Service person-
nel system. If such an election is made, the individual shall be
transferred to the Foreign Service Retirement and Disability System
and contributions made by that individual to the Civil Service
Retirement and Disability Fund shall be transferred to the Foreign
Service Retirement and Disability Fund.
(c) Individuals who are converted under this chapter shall be
converted to the type of appointment which corresponds most closely
in tenure to the type of appointment under which they were serving
immediately prior to such conversion, except that this chapter shall
not operate to extend the duration of any limited appointment or
previously applicable time in class.
(d) Any individual who on the effective date of this Act is serving-
(1) under an appointment in the Foreign Service, or
(2) in any other office or position continued by this Act,
may continue to serve under such appointment, subject to the
provisions of this Act, and need not be reappointed by virtue of the
enactment of this Act.
(e) Any individual in the Foreign Service-
(1) who is serving under a career appointment on the date of
enactment of this Act, and
(2) who was not subject to section 633(a)(2) of the Foreign
22 USC 1003. Service Act of 1946 immediately: before the effective date of this
Act,
Ante, p. 2097. may not be retired under section 608 of this Act until 10 years after
the effective date of this Act or when such individual first becomes
eligible for an immediate annuity under chapter 8 of title I of this
Act, whichever occurs first.
22 USC 4157. SEC. 2107. REGULATIONS.-Under the direction of the President, the
Secretary shall prescribe regulations for the implementation of this
chapter.
22 USC 4158. SEC. 2108. AUTHORITY OF OTHER AGENCIES.-The heads of agencies
other than the Department of State which utilize the Foreign Service
personnel system shall perform functions under this chapter in
accordance with regulations prescribed by the Secretary of State
under section 2107. Such agency heads shall consult with the Secre-
tary of State in the exercise of such functions.
22 USC 4159. SEC. 2109. SURVIVOR BENEFITS FOR, CERTAIN FORMER SPOUSES.-(a)
Any participant or former participant in the Foreign Service Retire-
ment and Disability System who on February 15, 1981, has a former
spouse may, by a spousal agreement, elect to receive a reduced
annuity and provide a survivor annuity for such former spouse under
Ante, p. 2113. section 814(b).
(b)(1) If the participant or former participant has not retired under
such system on or before February 15, 1981, an election under this
section may be made at any time before retirement.
(2) If the participant or former participant has retired under such
system on or before February 15, 1981, an election under this section
may be made within such period after February 15, 1981, as the
Secretary of State may prescribe.
Ante, p. 2102. (3) For purposes of applying chapter 8 of title I, any such election
shall be treated the same as if it were a spousal agreement under
Ante, p. 2120. section 820(b)(1).
(c) An election under this section may provide for a survivor benefit
based on all or any portion of that part of the annuity of the
participant which is not designated or committed as a base for
survivor benefits for a spouse or any other former spouse of the
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2153
participant. The participant and his or her spouse may make an
election under section 806(b)(1)(B) prior to the time of retirement for Ante, p. 2106.
the purpose of allowing an election to be made under this section.
(d) The amount of the reduction in the participant's annuity shall
be determined in accordance with section 806(b)(2). Such reduction
shall be effective as of-
(1) the commencing date of the participant's annuity, in the
case of an election under subsection (b)(1), or
(2) February 15, 1981, in the case of an election under subsec-
tion (b)(2).
(e) For purposes of this section, the terms "former spouse", "partici- Definitions.
pant", and "spousal agreement" have the meanings given such terms
in sections 803 and 804. Ante, p. 2102.
CHAPTER 2-PROVISIONS RELATING TO FOREIGN AFFAIRS AGENCIES
SEC. 2201. BASIC AUTHORITIES OF THE DEPARTMENT OF STATE.-(a)
The Act entitled "An Act to provide certain basic authority for the
Department of State", approved August 1, 1956, is amended by
adding at the end thereof the following new sections:
"SEC. 25. (a) The Secretary of State may accept on behalf of the
United States gifts made unconditionally by will or otherwise for the
benefit of the Department of State (including the Foreign Service) or
for the carrying out of any of its functions. Conditional gifts may be so
accepted at the discretion of the Secretary, and the principal of and
income from any such conditional gift shall be held, invested, rein-
vested, and used in accordance with its conditions, except that no gift
shall be accepted which is conditioned upon any expenditure which
will not be met by the gift or the income from the gift unless such
expenditure has been approved by Act of Congress.
`(b) Any unconditional gift of money accepted under subsection (a),
the income from any gift property held under subsection (c) or (d)
(except income made available for expenditure under subsection
(d)(2)), the net proceeds from the liquidation of gift property under
subsection (c) or (d), and the proceeds of insurance on any gift
property which are not used for its restoration, shall be deposited in
the Treasury of the United States. Such funds are hereby appropri-
ated and shall be held in trust by the Secretary of the Treasury for
the benefit of the Department of State (including the Foreign Serv-
ice). The Secretary of the Treasury may invest and reinvest such
funds in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the
United States. Such funds and the income from such investments
shall be available for expenditure in the operation of the Department
of State (including the Foreign Service) and the performance of its
functions, subject to the same examination and audit as is provided
for appropriations made for the Foreign Service by the Congress.
"(c) The evidences of any unconditional gift of intangible personal
property (other than money) accepted under subsection (a), shall be
deposited with the Secretary of the Treasury who may hold or
liquidate them, except that they shall be liquidated upon the request
of the Secretary of State whenever necessary to meet payments
required in the operation of the Department of State (including the
Foreign Service) or the performance of its functions.
"(d)(1) The Secretary of State shall hold any real property or any
tangible personal property accepted unconditionally pursuant to
subsection (a) and shall either use such property for the operation of
the Department of State (including the Foreign Service) and the
Gifts.
22 USC 2697.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2154 PUBLIC LAW 96-465-OCT. 17, 1980
performance of its functions or lease or hire such property, except
that any such property not required for the operation of the Depart-
ment of State (including. the Foreign Service) or the performance of
its functions may be liquidated by the Secretary of State whenever in
the judgment of the Secretary of State the purposes of the gift will be
served thereby. The Secretary of State may insure any property held
under this subsection. Except as provided in paragraph (2), the
Secretary shall deposit the income from any property held under this
subsection with the Secretary of the Treasury as provided in subsec-
tion N.
"(2) The income from any real property or tangible personal
property held under this subsection shall be available for expenditure
at the discretion of the Secretary of State for the maintenance,
preservation, or repair and insurance of such property and any
proceeds from insurance may be used to restore the property insured.
"(e) For the purpose of Federal income, estate, and gift taxes, any
gift, devise, or bequest accepted under this section shall be deemed to
be a gift, devise, or bequest to and for the use of the United States.
"(f) The authorities available to the Secretary of State under this
section with respect to the Department of State shall be available to
the Director of the International Communication Agency and the
Director of the United States International Development Coopera-
tion Agency with respect to their respective agencies.
Legal services. "SEC. 26. (a) The Secretary of State may, without regard to section
22 UsC 2698. 3106 of title 5, United States Code, authorize a principal officer of the
Foreign Service to procure legal services whenever such services are
required,for the protection of the interests of the Government or to
enable a member of the Service to carry on the member's work
efficiently.
"(b) The authority available to the Secretary of State under this
section shall be available to the Director of the International Commu-
nication Agency and the Director of the United States International
Development Cooperation Agency with respect to their respective
agencies.
Personnel family "SEC. 27. (a) In order to expand employment opportunities for
members, family members of United States Government personnel assigned
employment.
22 USC 2699. abroad, the Secretary of State shall seek to conclude such bilateral
and multilateral agreements as will facilitate the employment of
such family members in foreign economies.
"(b) Any member of a family of a member of the Foreign Service
may accept gainful employment in a foreign country unless such
employment-
(1) would violate any law of such country or of the United
States; or
"(2) could, as certified in writing by the United States chief of
mission to such country, damage the interests of the United
States.
Transportation. "SEC. 28. The Secretary of State may authorize the principal officer
22 UsC 2700. of a Foreign Service post to provide for the use of Government owned
or leased vehicles located at that post for transportation of United
States Government employees and their families when public trans-
portation is unsafe or not available or when such use is advantageous
to the Government.
Education. "SEC. 29. Whenever the Secretary of State determines that educa-
22 USC 2701. tional facilities are not available, or that existing educational facili-
ties are inadequate, to meet the needs of children of United States
citizens stationed outside the United States who are engaged in
carrying out Government activities, the Secretary may, in such
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2155
manner as he deems appropriate and under such regulations as he
may prescribe, establish, operate, and maintain primary schools, and
school dormitories and related educational facilities for primary and
secondary schools, outside the United States, make grants of funds
for such purposes, or otherwise provide for such educational facilities.
The authorities of the Foreign Service Buildings Act, 1926, and of 22 USC 299.
paragraphs (h) and (i) of section 3 of this Act, may be utilized by the 22 USC 2670.
Secretary in providing assistance for educational facilities. Such
assistance may include hiring, transporting, and payment of teachers
and other necessary personnel. Damages against
SEC. 30. (a) The remedy- D.s.
? "(1) against the United States provided by sections 1346(b) and 22 USC 2702.
2672 of title 28, United States Code, or
"(2) through proceedings for compensation or other benefits
from the United States as provided by any other law, where the
availability of such benefits precludes a remedy under such
sections,
for damages for personal injury, including death, allegedly arising
from malpractice or negligence of a physician, dentist, nurse, phar-
macist, or paramedical (including medical and dental assistants and
technicians, nursing assistants, and therapists) or other supporting
personnel of the Department of State in furnishing medical care or
related services, including the conducting of clinical studies or
investigations, while in the exercise of his or her duties in or for the
Department of State or any other Federal department, agency, or
instrumentality shall be exclusive of any other civil action or pro-
ceeding by reason of the same subject matter against such physician,
dentist, nurse, pharmacist, or paramedical or other supporting per-
sonnel (or his or her estate) whose act or omission gave rise to such
claim.
"(b) The United States Government shall defend any civil action or Court action.
proceeding brought in any court against any person referred to in
subsection (a) of this section (or his or her estate) for any such damage
or injury. Any such person against whom such civil action or
proceeding is brought shall deliver, within such time after date of
service or knowledge of service as may be determined by the Attorney
General, all process served upon him or her or an attested true copy
thereof to whomever was designated by the Secretary to receive such
papers. Such person shall promptly furnish copies of the pleading and
process therein to the United States attorney for the district embrac-
ing the place wherein the proceeding is brought, to the Attorney
General, and to the Secretary.
"(c) Upon a certification by the Attorney General that the defend-
ant was acting within the scope of his or her employment in or for the
Department of State or any other Federal department, agency, or
instrumentality at the time of the incident out of which the suit
arose, any such civil action or proceeding commenced in a State court
shall be removed without bond at any time before trial by the
Attorney General to the district court of the United States of the
district and division embracing the place wherein it is pending and
the proceeding deemed a tort action brought against the United
States under the provisions of title 28, United States Code, and all 28 USC 1.
references thereto. Should a United States district court determine
on a hearing on a motion to remand held before a trial on the merits
that the case so removed is one in which a remedy by suit within the
meaning of subsection (a) of this section is not available against the
United States, the case shall be remanded to the State court except
that where such remedy is precluded because of the availability of a
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2156 PUBLIC LAW 96-465-OCT. 17, 1980
remedy through proceedings for compensation or other benefits from
the United States as provided by any other law, the case shall be
dismissed, but in that event, the running of any limitation of time for
commencing, or filing an application or claim in, such proceedings for
compensation or other benefits shall be deemed to have been
suspended during the pendency of the civil action or proceeding
under this section.
"(d) The Attorney General may compromise or settle any claim
asserted in such civil action or proceeding in the manner provided in
section 2677 of title 28, the United States Code, and with the same
effect.
"(e) For purposes of this section, the provisions of section 2680(h) of
title 28, United States Code, shall not apply to any tort enumerated
therein arising out of negligence in the furnishing of medical care or
related services, including the conducting of clinical studies or
investigations.
"(f) The Secretary may, to the extent he deems appropriate, hold
harmless or provide liability insurance for any person to whom the
immunity provisions of subsection (a) of this section apply, for
damages for personal injury, including death, negligently caused by
any such person while acting within the scope of his or her office or
employment and as a result of the furnishing of medical care or
related services, including the conducting of clinical studies or
investigations, if such person is assigned to a foreign area or detailed
for service with other than a Federal agency or institution, or if the
circumstances are such as are likely to preclude the remedies of third
persons against the United States provided by sections 1346(b) and
2672 of title 28, United States Code, for such damage or injury.
"(g) For purposes of this section, any medical care or related service
covered by this section and performed abroad by a covered person at
the direction or with the approval of the United States chief of
mission or other principal representative of the United States in the
area shall be deemed to be within the scope of employment of the
individual performing the service.
Services and "SEC. 31. (a) The Secretary of State may authorize and assist in the
facilities. establishment, maintenance, and operation by civilian officers and
22 USC 2703. employees of the Government of non-Government-operated services
and facilities at posts abroad, including the furnishing of space,
utilities, and properties owned or leased by the Government for use
by its diplomatic, consular, and other missions and posts abroad. The
provisions of the Foreign Service Buildings Act, 1926 (22 U.S.C.
22 USC 2684. 292-300) and section 13 of this Act may be utilized by the Secretary in
providing such assistance.
"(b) The Secretary may establish and maintain emergency commis-
sary or mess services in places abroad where, in the judgment of the
Secretary, such services are necessary temporarily to insure the
effective and efficient performance of official duties and responsibil-
ities. Reimbursements incident to the maintenance and operation of
commissary or mess service under this subsection shall be at not less-
than cost as determined by the Secretary and shall be used as
working funds, except that an amount equal to the amount expended
for such services shall be covered into the Treasury as miscella-
neous receipts.
"(c) Services and facilities established under this section shall be
made available, insofar as practicable, to officers and employees of all
agencies and their dependents who are stationed in the locality
abroad. Such services and facilities shall not be established in
localities where another agency operates similar services or facilities
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2157
unless the Secretary determines that additional services or facilities
are necessary. Other agencies shall to the extent practicable avoid
duplicating the facilities and services provided or assisted by the
Secretary under this section.
"(d) Charges at any post abroad for a service or facility provided,
authorized or assisted under this section shall be at the same rate for
all civilian personnel of the Government serviced thereby, and all
charges for supplies furnished to such a service or facility abroad by
any agency shall be at the same rate as that charged by the
furnishing agency to its comparable civilian services and facilities.
"SEC. 32. The Secretary of State may pay, without regard to section Subsistence
5702 of title 5, United States Code, subsistence expenses of (1) security expenses.
officers of the Department of State who are on authorized protective 22 USC 2704.
missions, and (2) members of the Foreign Service and employees of
the Department who are required to spend extraordinary amounts of
time in travel status.
"SEC. 33. This Act may be cited as the `State Department Basic Short title.
Authorities Act of 1956'.". 22 USC 2651
(b) Section 13(a) of such Act (22 U.S.C. 2684(a)) is amended by note.
striking out "Foreign Service Act of 1946, as amended" and inserting 22 USC 801 note.
in lieu thereof "Foreign Service Act of 1980". Ante, p. 2071.
SEC. 2202. PEACE CORPS ACT.-(a) Section 5 of the Peace Corps Act
(22 U.S.C. 2504) is amended-
(1) in subsection (f)(1)-
(A) in subparagraph (A) by striking out "section 852(a)(1) of
the Foreign Service Act of 1946, as amended (22 U.S.C.
1092(aXl))," and inserting in lieu thereof "section 816(a) of
the Foreign Service Act of 1980", and
(B) in subparagraph (B) by striking out "Foreign Service
Act of 1946" and inserting in lieu thereof "Foreign Service
Act of 1980"; and Ante, p. 2118.
(2) in subsection (h)-
(A) by striking out "section 1091 of the Foreign Service Act
of 1946 and inserting in lieu thereof "section 30 of the State 22 USC 817.
Department Basic Authorities Act of 1956" and Ante, p. 2155.
(B) by striking out "Director of ACTION;' and inserting in
lieu thereof "President".
(b)(1) Section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)) is
amended-
(A) in paragraph (1)-
(i) by striking out ", who shall receive compensation at any
of the rates provided for persons appointed to the Foreign
Service Reserve and Staff under the Foreign Service Act of
1946, as amended (22 U.S.C. 801 et seq.)" and inserting in lieu
thereof "which are not authorized to utilize the Foreign
Service personnel system, who shall receive compensation at
any of the rates established under section 402 or 403 of the
Foreign Service Act of 1980"; Ante, pp. 2087,
(ii) by striking out "section 528" and inserting in lieu 2288.
thereof "section 310"; and 22 USC 928.
(iii) by striking out "Reserve" the last place it appears and Ante, p. 2287.
all"that follows and inserting in lieu thereof a period; and
(B) by amending paragraph (2) to read as follows:
"(2) The President may utilize such authority contained in the
Foreign Service Act of 1980 relating to members of the Foreign 22 USC 2071.
Service and other United States Government officers and employees
as the President deems necessary to carry out functions under this
Act, except that-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2158 PUBLIC LAW 96-465-OCT. 17, 1980
"(A) no Foreign Service appointment or assignment under this
paragraph shall be for a period of more than five years unless the
Director of the Peace Corps, under special circumstances, person-
ally approves an extension of not more than one year on an
individual basis; and
"(B) no individual whose Foreign Service appointment or
assignment under this paragraph has been terminated shall be
reappointed or reassigned under this paragraph before the expi-
ration of a period of time equal to the preceding tour of duty of
that individual.
Ante, p. 2071. Such provisions of the Foreign Service Act of 1980 as the President
deems appropriate shall apply to individuals appointed or assigned
under this paragraph, including in all cases, the provisions of section
Ante, p. 2087. 310 of that Act, except that (i) the President may by regulation make
exceptions to the application of section 310 in cases in which the
period of the appointment or assignment exceeds thirty months, (ii)
members of the Foreign Service appointed or assigned pursuant to
this paragraph shall receive within-class salary increases in accord-
ance with such regulations as the President may prescribe, and (iii)
under such regulations as the President may prescribe, individuals
who are to perform duties of a more routine nature than are
generally performed by members of the Foreign Service assigned to
class 9 in the Foreign Service Schedule may be appointed to an
unenumerated class ranking below class 9 in the Foreign Service
Schedule and be paid basic compensation at rates lower than those
for class 9, except that such rates may be no less than the then
applicable minimum wage rate specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).".
(2) Section 7(a)(4) of the Peace Corps Act (22 U.S.C. 2506(a)(4)) is
amended-
(A) by striking out "Until" and all that follows through
"paragraph or" and inserting in lieu thereof "An individual who
has received an appointment or assignment in the Foreign
Service under this subsection may, not later than September 30,
1982, or three years";
(B) by striking out "such person" and inserting in lieu thereof
"such individual"; and
(C) by striking out "substantially continuous basis" and insert-
ing in lieu thereof "continuous basis without a break in service of
more than three days".
(c) Section 13(b) of the Peace Corps Act (22 U.S.C. 2512(b)) is
amended by striking out "section 872 of the Foreign Service Act of
22 USC 1112. 1946, as amended" and inserting in lieu thereof "section 824 of the
Ante, p. 2122. Foreign Service Act of 1980,".
(d) Section 14(b) of the Peace Corps Act (22 U.S.C. 2513(b)) is
amended by striking out "section 901 of the Foreign Service Act of
1946 (22 U.S.C. 1131) ' and inserting in lieu thereof ` section 905 of the
Ante, p. 2128. Foreign Service Act of 1980".
(e) Section 15(a) of the Peace Corps Act (22 U.S.C. 2514) is amended
by striking out "Foreign Service personnel" and inserting in lieu
thereof "members of the Foreign Service".
SEC. 2203. FOREIGN ASSISTANCE ACT.-(a) Section 625(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)) is amended to read
as follows:
"(d) For the purpose of performing functions under this Act outside
the United States, the President may employ or assign individuals, or
may authorize the employment or assignment of officers or
employees by agencies of the United States Government which are
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2159
not authorized to utilize the Foreign Service personnel system, who
shall receive compensation at any of the rates provided for under
section 402 or section 403 of the Foreign Service Act of 1980, together Ante, pp. 2087,
with allowances and benefits under that Act. Individuals so employed 2088.
or assigned shall be entitled, except to the extent that the President
may specify otherwise in cases in which the period of employment or
assignment exceeds thirty months, to the same benefits as are
provided by section 310 of that Act for individuals appointed to the Ante, p. 2087.
Foreign Service.".
(b) Section 629(b) of such Act (22 U.S.C. 2389(b)) is amended by
striking out "section 901 of the Foreign Service Act of 1946, as
amended (22 U.S.C. 1131)" and inserting in lieu thereof "section 905
of the Foreign Service Act of 1980". Ante, p. 2128.
(c) Section 631(b) of such Act (22 U.S:C. 2391(b)) is amended by
amending the second sentence to read as follows: "Such chief shall be
entitled to receive such compensation and allowances as are author-
ized by the Foreign Service Act of 1980, not to exceed those authorized Ante, p. 2071.
for a chief of mission (as defined in section 102(a)(3) of that Act), as the Ante, p. 2075.
President shall determine to be appropriate.".
(d) Section 631(c) of such Act (22 U.S.C. 2391(c)) is amended by
striking out the- second sentence and inserting in lieu thereof the
following: "Such person may receive such compensation and
allowances as are authorized by the Foreign Service Act of 1980, not
to exceed those authorized for a chief of mission (as defined in section
102(a)(3) of that Act), as the President shall determine to be appropri-
ate. Such person (if not a United States Government employee who is
assigned to serve as Chairman) shall be deemed to be an employee of
the United States Government for purposes of chapters 81, 83, 87, and
89 of title 5, United States Code.". 5 USC 8101 et
SEC. 2204. ARMS CONTROL AND DISARMAMENT ACT.-(a) Section 42 seq., 8301 et seq.,
of the Arms Control and Disarmament Act (22 U.S.C. 2582) is 8701 et seq., 8901
amended to read as follows: et seq.
"FOREIGN SERVICE PERSONNEL
"SEC. 42. (a) The Secretary of State may authorize the Director to
exercise, with respect to members of the Foreign Service appointed or
employed for the Agency-
"(1) the authority available to the Secretary under the Foreign
Service Act of 1980, and
"(2) the authority available to the Secretary under any other
provisions of law pertaining specifically or applicable generally
to members of the Foreign Service.
"(b) Limited appointments of members of the Foreign Service for
the Agency may be extended or renewed, notwithstanding section 309
of the Foreign Service Act of 1980, so long as the service of the
individual under such appointment does not exceed ten consecutive
years without a break in service of at least one year.".
(b) Section 48 of the Arms Control and Disarmament Act (22 U.S.C.
2588) is amended by striking out "Foreign Service Act of 1946, as
amended" and inserting in lieu thereof "Foreign Service Act of 1980".
SEC. 2205. REPEALED PROVISIONS.-The following are repealed:
(1) The Act entitled "An Act to improve, strengthen, and
expand the Foreign Service of the United States and to consoli-
date and revise the laws relating to its administration", approved
August 13, 1946, titles I through X of such Act being the Foreign
Service Act of 1946 (22 U.S.C. 801-810, 816, 817, 821, 826, 827,
841-843, 846, 861, 866-873, 876, 877, 881, 882, 886, 889, 890, 896,
22 USC 801 note.
Ante, p. 2071.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
. Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2160 PUBLIC LAW 96-465-OCT. 17, 1980
900, 901, 902, 906-915, 921-924, 926-928, 936-939, 946, 947, 951,
961-966, 968, 981, 986, 987, 991-996, 1001-1009, 1016, 1017, 1021,
1022, 1026-1028, 1031, 1036, 1037-1037c, 1041-1048, 1061-1065,
1071, 1076, 1076a, 1081, 1082, 1084, 1086, 1091, 1093, 1095, 1101,
1103-1106, 1111, 1112, 1116, 1121, 1131, 1136-1138a, 1139,
1148-1151, and 1156-1160).
22 USC 811a (2) Sections 401 and 413 of the Foreign Relations Authorization
note, 889, 889 Act, Fiscal Year 1979 (92 Stat. 981, 986).
note. (3) Section 413 of the Foreign Relations Authorization Act,
22 use 2693. Fiscal Year 1978 (91 Stat. 857).
22 USC 1063 (4) Sections 117, 120, and 522 of the Foreign Relations Authori-
note, 1229, 1229 zation Act, Fiscal Year 1977 (90 Stat. 827, 829, 846).
note. (5) Section 6 of the Department of State Appropriations
22 USC 901a. Authorization Act of 1973 (87 Stat. 452).
22 USC 922, (6) The Act entitled "An Act to promote the foreign policy of
929-932, the United States by strengthening and improving the Foreign
1221-1234. Service personnel system of the International Communication
Agency throufh establishment of a Foreign Service Information
Officer Corps', approved August 20, 1968 (22 U.S.C. 929-932,
1221-1234).
(7) Section 104(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2454(c)).
(8) Subsections (e), (g), (j), and (k) of section 625 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2385 (e), (g), (j), and (k)).
(9) Section 7(b) of the Peace Corps Act (22 U. C. 2506(b)).
(10) Sections 14 and 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. 2679a, 2680a).
22 USC 2384 (11) Section 124(a)(2) of the International Development and
note. Food Assistance Act of 1977 (91 Stat. 542).
(12) The Act entitled "An Act to make certain increases in the
annuities of annuitants under the Foreign Service retirement
and disability system", approved May 21, 1952 (22 U.S.C. 1077,
1078).
(13) The Act entitled "An Act to make certain increases in the
annuities of annuitants under the Foreign Service retirement
and disability system", approved May 1, 1956 (22 U.S.C.
1079-10790.
(14) The Act entitled "An Net to provide for adjustments in the
annuities under the Foreign Service retirement and disability
'system", approved September 2, 1958 (22 U.S.C. 1079g-1079j).
22 USC 1079d, (15) The Act entitled "An Act to provide for adjustments in the
1079d note, annuities under the Foreign Service retirement and disability
10791. system", approved July 12,1960 (22 U.S.C. 10791).
22 USC 801 note, (16) The Foreign Service Annuity Adjustment Act of 1965 (22
1076, 1079m- U.S.C. 1079m-1079s).
1079s,1082,1121. SEC. 2206. OTHER CONFORMING AMENDMENTS.-(a)(1) Section 3(b) of
the Asian Development Bank Act (22 U.S.C. 285a(b)) is amended by
striking out "a Chief of Mission, class 2, within the meaning of the
22 USC 801 note. Foreign Service Act of 1946, as amended" and inserting in lieu
Ante, p. 2071. thereof "a chief of mission under the Foreign Service Act of 1980".
(2) The United Nations Participation Act of 1945 is amended-
(A) in section 2(g) (22 U.S.C. 287(g)) by striking out "sections 411
22 USC 866, 867. and 412 of the Foreign Service Act of 1946 (Public Law 724,
Seventy-ninth Congress) for chiefs of mission" and inserting in
lieu thereof "sections 401, 402, and 403 of the Foreign Service Act
Ante, pp. 2087, of 1980 for chiefs of mission, members of the Senior Foreign
2088. Service,"; and
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2161
(B) in section 8 (22 U.S.C. 287e) b striking out "section 901(3) of
the Foreign Service Act of 1946 (Public Law 724, Seventy-ninth
Congress)' and inserting in lieu thereof "section 905 of the 22 USC 1131.
Foreign Service Act of 1980". Ante, p. 2128.
(3) Section 2 of the joint resolution entitled "Joint Resolution
providing for membership and participation by the United States in
the United Nations Educational, Scientific, and Cultural Organiza-
tion, and authorizing an appropriation therefor", approved July 30,
1946 (22 U.S.C. 287n), is amended by striking out Foreign Service
officers in the schedule contained in section 412 of the Foreign
Service Act of 1946, as amended," and inserting in lieu thereof 22 USC 867.
"members of the Senior Foreign Service under section 402 of the
Foreign Service Act of 1980, or provided for Foreign Service officers Ante, p. 2087.
under section 403 of that Act,". Ante, p. 2088.
(4) Section 2 of the joint resolution entitled "Joint Resolution
providing for membership and participation by the United States in
the World Health Organization and authorizing an appropriation
therefor", approved June 14, 1948 (22 U.S.C. 290a), is amended by
striking out provided by section 412 of the Foreign Service Act of
1946, as amended," and inserting in lieu thereof "established under 22 USC 867.
section 402 or 403 of the Foreign Service Act of 1980". Ante, p. 2087,
(5) Section 203(b) of the African Development Fund Act (22 U.S.C. 2088.
290g-1(b)) is amended by striking out "a Chief of Mission, class 2,
within the meaning of the Foreign Service Act of 1946, as amended" 22 USC 801 note.
and inserting in lieu thereof "a chief of mission under the Foreign
Service Act of 1980". Ante, p. 2071.
(6) Section 408 of the Mutual Security Act of 1954 (22 U.S.C. 1928) is
amended-
(A) in subsection (a) by striking out "Foreign Service Act of
1946, as amended (22 U.S.C. 801), ' and inserting in lieu thereof
"Foreign Service Act of 1980"; Ante, p. 2071.
(B) in subsection (b) by striking out "chief of mission, class 1,
within the meaning of the Foreign Service Act of 1946, as
amended (22 U.S.C. 801)" and inserting in lieu thereof "chief of
mission under the Foreign Service Act of 1980"; and .
(C) in subsection (c) by striking out "section 529 of this Act who 22 USC 1789.
are appointed as Foreign Service Reserve officers may serve for
periods of more than five years notwithstanding the limitation in
section 522 of the Foreign Service Act of 1946, as amended (22
U.S.C. 922)" and inserting in lieu thereof "section 628 of the
Foreign Assistance Act of 1961 who are members of the Foreign 22 USC 2388.
Service serving under limited appointments may serve for peri-
ods of more than five years notwithstanding the limitation in
section 309 of the Foreign Service Act of 1980". Ante, p. 2086.
(7) The International Atomic Energy Agency Participation Act of
1957 is amended-
(A) in section 2(d) (22 U.S.C. 2021(d))-
(i) in the first sentence by striking out "sections 411 and
412 of the Foreign Service Act of 1946, as amended (22 U.S.C.
866, 867), for Chiefs of Mission" and inserting in lieu thereof
"sections 401, 402, and 403 of the Foreign Service Act of 1980 Ante, pp. 2087,
for chiefs of mission, members of the Senior Foreign Serv- 2088.
ice,", and
(ii) in the second sentence by striking out "by Chiefs of
Mission" and inserting in lieu thereof `under the Foreign
Service Act of 1980 by chiefs of mission, members of the Ante, p. 2071.
Senior Foreign Service,"; and
(B) in section 5 (22 U.S.C. 2024)-
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2162 PUBLIC LAW 96-465-OCT. 17, 1980
(i) by striking out "Foreign Service Act of 1946, as
22 USC 801 note. amended," and inserting in lieu thereof "Foreign Service
Ante, p. 2071. Act of 1980", and
(ii) by striking "Foreign Service Act of 1946, as amended;"
and inserting in lieu thereof "Foreign Service Act of 1980;".
(8) Section 704(b) of the Center for Cultural and Technical Inter-
change Between East and West Act of 1960 (22 U.S.C. 2056(b)) is
amended by striking out "title X, part C of the Foreign Service Act of
22 USC 809. 1946, as amended" and inserting in lieu thereof "section 25 of the
Ante, p. 2153. State Department Basic Authorities Act of 1956".
(9) Section 104(d) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2454(d)) is amended by striking out
22 USC 928. "section 528" and all that follows through "such persons" and
inserting in lieu thereof "section 310 of the Foreign Service Act of
Ante, p. 2087. 1980 for individuals appointed to the Foreign Service".
(10) Section 5(a) of the Migration ;and Refugee Assistance Act of
1962 (22 U.S.C. 2605(a)) is amended-
(A) in paragraph (1) by striking out "Foreign Service person-
nel" and inserting in lieu thereof "members of the Foreign
Service";
(B) in paragraph (2) by striking out "Foreign Service Reserve
officers" and inserting in lieu thereof "members of the Foreign
Service serving under limited appointments"; and
(C) in paragraph (4) by striking out "Foreign Service Act of
1946, as amended (22 U.S.C. 801 et seq.)" and inserting in lieu
Ante, p. 2071. thereof "Foreign Service Act of 1980".
(11) Section 403(c) of the International Development Cooperation
Act of 1979 (22 U.S.C. 3503(c)) is amended by striking out `Foreign
Service Act of 1946" and inserting in lieu thereof "Foreign Service
Act of 1980".
(b)(1) Section 605A(h) of the Act entitled "An Act to provide for
greater stability in agriculture; to augment the marketing and
disposal of agricultural products; and for other purposes", approved
August 28, 1954 (7 U.S.C. 1765a(h)), is amended by striking out
"Foreign Service personnel" and inserting in lieu thereof "members
of the Foreign Service".
(2) Section 606D of such Act (7 U.S.C. 1766c) is amended by striking
22 USC 1131. out "title IX of the Foreign Service Act of 1946" and inserting in lieu
Ante, p. 2124. thereof "chapter 9 of title I of the Foreign Service Act of 1980".
(c)(1) Section 2002(a) of title 10, United States Code, is amended-
(A) in the text preceding paragraph (1) by striking out "section
1041 of title 22" and inserting in lieu thereof "section 701(b) of
Ante, p. 2099. the Foreign Service Act of 1980"; and
(B) in paragraph (2) by striking out "section 1041 of title 22"
and inserting in lieu thereof `section 701(a) of the Foreign
Service Act of 1980".
(d) Section 8(aX1) of the Defense Department Overseas Teachers
Pay and Personnel Practices Act (20 U.S.C. 906(a)(1)) is amended by
striking out "section 901(2) of the Foreign Service Act of 1946 (22
U.S.C. 1131(2))" and inserting in lieu thereof "section 5924 of title 5,
United States Code".
(e)(1) Section 104(a)(4) of the Internal Revenue Code of 1954 (26
U.S.C. 104(a)(4)) is amended by striking out "section 831 of. the
Foreign Service Act of 1946, as amended (22 U.S.C. 1081)" and
inserting in lieu thereof "section 808 of the Foreign Service Act of
Ante, p. 2110. 1980".
(2) Section 170(i) of the Internal Revenue Code of 1954 (26 U.S.C.
170(i)) is amended by amending paragraph (6) to read as follows:
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2163
"(6) For treatment of gifts accepted by the Secretary of State, the Direc-
tor of the International Communication Agency, or the Director of the
United States International Development Cooperation Agency, as gifts to
or for the use of the United States, see section 25 of the State Department
Basic Authorities Act of 1956.". Ante, p. 2153.
(3) Section 912(1)(A) of the Internal Revenue Code of 1954 (26 U.S.C.
912(1)(A)) is amended to read as follows:
"(A) chapter 9 of title I of the Foreign Service Act of 1980,". Ante, p. 2124.
(4) Section 2055(0(5) of the Internal Revenue Code of 1954 (26 U.S.C.
2055(0(5)) is amended to read as follows:
"(5) For treatment of gifts, devises, or bequests accepted by the Secre-
tary of State, the Director of the International Communication Agency, 'or
the Director of the United States International Development Cooperation
Agency as gifts, devises, or bequests to or for the use of the United States,
see section 25 of the State Department Basic Authorities Act of 1956.". Ante, p. 2153.
(0 Section 10(d) of the Gold Reserve Act of 1934 (31 U.S.C. 822a(d)) is
amended by striking out "title IX of the Foreign Service Act of 1946, 22 USC 1131.
as amended" and inserting in lieu thereof "chapter 9 of title I of the
Foreign Service Act of 1980". Ante, p. 2124.
(g) Section 235 of title 38, United States Code, is amended-
(1). in paragraph (1) by striking out "Section 1131 of title 22"
and inserting in lieu thereof "Section 905 of the Foreign Service
Act of 1980"; Ante, p. 2128.
(2) in paragraph (2) by striking out "Section 1136 (1), (2), (3), (4),
(5), (7), and (11) of title 22" and inserting in lieu thereof "Sections
901 (1), (2), (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service
Act of 1980"; Ante, p. 2124.
(3) in paragraph (3) by striking out "Section 1138 of title 22"
and inserting in lieu thereof "Section 901(13) of the Foreign
Service Act of 1980";
(4) in paragraph (4) by striking out "Section 1148 of title 22"
and inserting in lieu thereof "Section 903 of the Foreign Service
Act of 1980"; and Ante, p. 2127.
(5) in paragraph (5) by strikinf out "Section 1156 of title 22"
and inserting in lieu thereof ` Section 904(d) of the Foreign
Service Act of 1980". Ante, p. 2127.
(h) Section 415(c) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5055(c)) is amended-
(1) in paragraph (1) by striking out "section 852(a)(1) of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1092(a)(1)),
and every other" and inserting in lieu thereof "any"; and
(2) in paragraph (2) by striking out "Foreign Service Act of
1946" and inserting in lieu thereof "Foreign Service Act of 1980". 22 USC 801 note.
SEC. 2207. MODEL FOREIGN LANGUAGE COMPETENCE POSTS.-(a) In Ante, p. 2071.
order to carry out the purposes of section 702 and to help ascertain 22 USC 4171.
the relationship between foreign language competence and the effec-
tiveness of representation of the United States abroad, the Secretary
of State shall designate as model foreign language competence posts
at least two Foreign Service posts in countries where English is not
the common language. Such designation shall be made no later than
October 1, 1981, and shall be implemented so that no later than
October 1, 1983, each Government employee permanently assigned to
those posts shall possess an appropriate level of competence in the
language common to the country where the post is located. The
Secretary of State shall determine appropriate levels of language
competence for employees assigned to those posts by reference to the
nature of their functions and the standards employed by the Foreign
Service Institute.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2164 PUBLIC LAW 96-465-OCT. 17, 1980
(b) The posts designated under subsection (a) shall continue as
model foreign language competence posts at least until September 30,
Report to 1985. The Secretary of State shall submit no later than January 31,
Congress. 1986, a report to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate describing the oper-
ation of such posts and the costs, advantages and disadvantages
associated with meeting the foreign language competence require-
ments of this section.
Exceptions. (c) The Secretary of State may authorize exceptions to the require-
ments of this section if he determines that unanticipated exigencies
Report to so require. Such exceptions shall be annually reported to the Speaker
Congress. of the House of Representatives and the Committee on Foreign
Relations of the Senate.
CHAPTER 3-AMENDMENTS To TITLE 5, UNITED STATES CODE
SEC. 2301. REEMPLOYMENT RIGHTS.-(a) Chapter 35 of title 5, United
States Code, is amended by adding at the end thereof the following
new subchapter:
"SUBCHAPTER VI-REEMPLOYMENT FOLLOWING LIMITED
APPOINTMENT IN THE FOREIGN SERVICE
5 USC 3597. 43597. Reemployment following limited appointment in the For-
eign Service
"An employee of any agency who accepts, with the consent of the
head of that agency, a limited appointment in the Foreign Service
Ante, p. 2086. under section 309 of the Foreign Service Act of 1980 is entitled, upon
the expiration of that appointment, to be reemployed in that employ-
ee's former position or in a corresponding or higher position in that
agency. Upon reemployment under this section, an employee shall be
entitled to any within-grade increases in pay which the employee
would have received if the employee had remained in the former
position in the agency.".
(b) The analysis for chapter 35 of title 5, United States Code, is
amended by adding at the end thereof the following:
"SUBCHAPTER VI-REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT
IN THE FOREIGN SERVICE
"3597. Reemployment following limited appointment in the Foreign Service.".
SEC. 2302. SALARY FOR AMBASSADORS AT LARGE.-Section 5313 of
title 5, United States Code, is amended by adding the following at the
end thereof:
"Ambassadors at Large.".
SEC. 2303. ADVANCES OF PAY INCIDENT TO DEPARTURES FROM POSTS
ABROAD.-(a) Section 5522(a) of title 5, United States Code, is
amended-
(1) by striking out "evacuation" and inserting in lieu thereof
"depparture";and
(2) by striking out "is ordered for military or other reasons
which create imminent danger to the life or lives of the employee
or of his dependents or immediate family" and inserting in lieu
thereof "is officially authorized or ordered-
"(1) from a place outside the United States from which the
Secretary of State determines it is in the national interest to
require the departure of some or all employees, their dependents,
or both; or
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2165
"(2) from any place where there is imminent danger to the life
of the employee or the lives of the dependents or immediate
family of the employee".
(b) Section 5522(b) of title 5, United States Code, is amended by
striking out "evacuation" and inserting in lieu thereof "departure".
(c) Section 5523(a)(1) of title 5, United States Code, is amended-
(1) by amending subparagraph (A) to read as follows:
"(A) whose departure is authorized or ordered under
section 5522(a) of this title; and"; and
(2) in subparagraph (B) by striking out "evacuation" and
inserting in lieu thereof "departure".
(d) Section 5523(b) of title 5, United States Code, is amended by
striking out "evacuation" both places it appears and inserting in lieu
thereof "departure".
(e) Section 405a(a) of title 37, United States Code, is amended by
striking out "evacuated" and "evacuation" wherever they appear
and inserting in lieu thereof "to depart" and "departure",
res ectively.
2304. PREMIUM PAY.-Paragraph (2) of section 5541 of title 5,
SEC
.
United States Code, is amended by striking out clauses (xiv) and (xv)
and inserting in lieu thereof the following:
"xiv) a Foreign Service officer;
"(xv) a member of the Senior Foreign Service; or".
SEC. 2305. SEVERANCE PAY.-Section 5595(a)(2)(vi) of title 5, United
States Code, is amended by inserting after "to receive" the following:
"benefits under section 609(b)(1) of the Foreign Service Act of 1980 or
anypt.
2306. ATTORNEYS FEES IN BACKPAY CASES.-Section 5596(b) of
title 5, United States Code, is amended-
(1) in paragraph (1)(A)(ii) by inserting "or under chapter 11 of
title I of the Foreign Service Act of 1980," immediately after
"chapter 71 of this title,"; and
(2) in paragraph (3)-
(A) by inserting "and (with respect to members of the
Foreign Service) in sections 1101 and 1002 of the Foreign
Service Act of 1980" immediately after "section 7103 of this
title"; and
(B) by inserting "and (with respect to members of the
(2) bye inserting "or who requests such an allowance because of
special needs or hardship involving the employee or the employ-
ee's spouse or dependents," immediately after "for the conven-
ience of the Government,".
SEC. 2308. EDUCATION ALLowANCE.-Section 5924(4)(B) of title 5,
United States Code, is amended by striking out "(i)" and all that
follows through "each type of education" and inserting in lieu thereof
"one annual trip each way for each dependent".
SEC. 2309. POSTS REQUIRING SPECIAL INCENTIVES.-Section 5925 of
title 5, United States Code, is amended-
(1) by strikinf out "A post" in the first sentence and inserting
in lieu thereof' (a) A ,post";
(2) by inserting "under this subsection" immediately after
"differential" in the last sentence; and
Foreign Service) in section 1015 of the Foreign Service Act of
1980" immediately after "section 7116 of this title".
SEC. 2307. SEPARATE MAINTENANCE ALLOWANCE. _Section 5924(3)
of title 5, United States Code, is amended-
(1) by inserting "or authorized" immediately after "com-
pelled"- and
Ante, p. 2142.
5 USC 7101 et
seq.
Ante, pp. 2142,
2129.
5 USC 7103.
Ante, p. 2137.
5 USC 7116.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2166 PUBLIC LAW 96-465-OCT. 17, 1980
(3) by adding at the end thereof the following new subsection:
Additional "(b) Any employee granted a differential under subsection (a) of
differential pay. this section may be granted an additional differential for an assign-
ment to a post determined to have especially adverse conditions of
environment which warrant additional pay as a recruitment and
retention incentive for the filling- of positions at that post. An
additional differential for any employee under this subsection-
"(1) may be paid for each assignment to a post determined to
have such conditions;
"(2) may be paid periodically or in a lump sum; and
"(3) may not exceed 15 percent of the rate of basic pay of that
employee for the period served under that assignment. '.
SEC. 2310. ADVANCES of PAY.-(a) Subchapter III of chapter 59 of
title 5, United States Code, is amended by adding at the end thereof
the following new section:
5 USC 5927. "9 5927. Advances of pay
"Up to three months' pay may be paid in advance to an employee
upon the assignment of the employee to a post in a foreign area.".
(b) The analysis of chapter 59 of title 5, United States Code, is
amended by inserting after the item relating to section 5926 the
following:
"5927. Advances of pay.".
SEC. 2311. DANGER PAY AL OWANCE.-(a) Subchapter III of chapter
59 of title 5, United States Code, as amended by section 2310(a), is
further amended by adding at the end thereof the following new
section:
5 USC 5928. "9 5928. Danger pay allowance
"An employee serving in a foreign area may be granted a danger
pay allowance on the basis of civil insurrection, civil war, terrorism,
or wartime conditions which threaten physical harm or imminent
danger to the health or well-being of the employee. A danger pay
allowance may not exceed 25 percent of the basic pay of the employee,
except that if an employee is granted an additional differential under
Ante, p. 2165. section 5925(b) of this title with respect to an assignment, the sum of
that additional differential and any danger pay allowance granted to
the employee with respect to that assignment may not exceed 25
percent of the basic pay of the employee.'.
(b) The analysis for chapter 59 of title 5, United States Code, as
amended by section 2310(b), is further amended by inserting after the
item relating to section 5927 the following:
"5928. Danger pay allowance.".
"Employee." SEC. 2312. LEAVE.-(a) Section 6301 of title 5, United States Code, is
amended by adding at the end thereof the following new sentence:
"Notwithstanding clauses (x)-(xii) of paragraph (2), the term
`employee' includes any member of the Senior Foreign Service or any
Foreign Service officer (other than a member or officer serving as
chief of mission or in a position which requires appointment by and
with the advice and consent of the Senate) and any member of the
Foreign Service commissioned as a diplomatic or consular officer, or
Ante, p. 2087. both, under section 312 of the Foreign Service Act of 1980.".
(b) Section 6304 of title 5, United States Code, is amended-
(1) in subsection (a) by striking out "and (f)" and inserting in
lieu thereof "(f), and (g)"; and
(2) by adding at the end thereof the following new subsection:
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
. PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2167
"(g) Annual leave accrued by a member of the Senior Foreign
Service shall not be subject to the limitation on accumulation
otherwise imposed by this section.".
(c) Section 6305(a) of title 5, United States Code, is amended by
inserting immediately after "States" in the first sentence "(or after a
shorter period of such service if the employee's assignment is termi-
nated for the convenience of the Government)".
SEC. 2313. RETIREMENT CREDIT FOR IMPRISONED FOREIGN NATIONALS
AND' FOR SERVICE WITH CERTAIN OVERSEAS BROADCASTING ORGANIZA-
TIONS.-(a) Section 8332(b) of title 5, United States Code, is amended
by striking out "and" at the end of paragraph (8), by striking out the
period at the end of paragraph (9) and inserting in lieu thereof a
semicolon, and by inserting immediately after paragraph (9) the
following new paragraphs:
"(10) periods of imprisonment of a foreign national for which
compensation is provided under section 410 of the Foreign
Service Act of 1980, if the individual (A) was subject to this Ante, p. 2091.
subchapter during employment with the Government last pre-
ceding imprisonment, or (B) is qualified for an annuity under this
subchapter on the basis of other service of the individual; and
"(11) subject to sections 8334(c) and 8339(i) of this title, service 5 USC 8334,
in any capacity of at least 130 days (or its equivalent) per 8339.
calendar year performed after July 1, 1946, for the National
Committee for a Free Europe; Free Europe Committee, Incorpo-
rated;-Free Europe, Incorporated; Radio Liberation Committee;
Radio Liberty Committee; subdivisions of any of those organiza-
tions; Radio Free Europe/Radio Liberty, Incorporated, Radio
Free Asia; the Asia Foundation; or the Armed Forces Network,
Europe (AFN-E), but only if such service is not credited for
benefits under any other retirement system which is established
for such entities and funded in whole or in part by the Govern-
ment and only if the individual later becomes subject to this
subchapter.".
(b) Such section 8332(b) is further amended by adding at the end
thereof the following new sentence: "The Office of Personnel Man-
agement shall accept the certification of the Executive Director of the
Board for International Broadcasting concerning services for the
purposes of this subchapter of the type described in paragraph (11) of
this subsection.".
SEC. 2314. CONFORMING AMENDMENTS TO TITLE 5.-(a) Section
3323(c) of title 5, United States Code, is amended by striking out
"Foreign Service officer retired under section 1001 or 1002 of title 22
or a Foreign Service staff officer or employee retired under section
1063 of title 22" and inserting in lieu thereof "member of the Foreign
Service retired under section 812 of the Foreign Service Act of 1980". Ante, p. 2113.
(b) Section 5102(c)(2) of title 5, United States Code, is amended by
striking out "employees in the Foreign Service of the United States
whose pay is fixed under chapter 14 of title 22" and insert in lieu
thereof "members of the Foreign Service whose pay is fixed under the
Foreign Service Act of 1980". Ante, p. 2071.
(c)(1) Section 5301(c)(2) of title 5, United States Code, is amended by
striking out "subchapter IV of chapter 14 of title 22" and inserting in
lieu thereof "section 403 of the Foreign Service Act of 1980". Ante, p. 2088.
(2) Section 5303(a)(4) of title 5, United States Code, is amended by
striking out "sections 867 and 870 of title 22" and inserting in lieu
thereof "section 403 of the Foreign Service Act of 1980".
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2168 PUBLIC LAW 96-465-OCT. 17, 1980 .
(3) Section 5304 of title 5, United States Code, is amended by
striking out "chapter 14 of title 22" and inserting in lieu thereof "the
Ante, p. 2071. Foreign Service Act of 1980".
(d) Section 5724(g) of title '5, United States Code, is amended by
striking -out "chapter 14 of title 22" and inserting in lieu thereof "the
Foreign Service Act of 1980".
(e) Section 5727(eX2) of title 5, United States Code, is amended to
read as follows:
"(2) This section, except subsection (a), does not affect section
403e(4) of title 50.".
(0(1) Section 6301(2)(xii) of title 5, United States Code, is amended
by striking out "an officer who receives pay under section 866 of title
22" and inserting in lieu thereof "a chief of mission (as defined in
section 102(a)(3) of the Foreign Service Act of 1980)".
(2) Section 6305(b) of title 5, United States Code, is amended by
striking out "an officer" and inserting in lieu thereof "a chief of
mission".
(g) Section 7103(a)(2Xiv) of title 5, United States Code, is amended
by striking out "the Agency for International Development, or" and
inserting before the semicolon ", the United States International
Development Cooperation Agency, the Department of Agriculture, or
the Department of Commerce".
(h) Section 8501(1)(C) of title 5, United States Code, is amended by
striking out "Foreign Service personnel for whom special separation
allowances are provided under chapter 14 of title 22" and inserting in
lieu thereof "members of the Foreign Service for whom payments are
Ante, p. 2098. provided under section 609(b)(1) of the Foreign Service Act of 1980".
CHAPTER 4-SAVING PROVISIONS, CONGRESSIONAL OVERSIGHT, AND
EFFECTIVE DATE
22 USC 4172. SEC. 2401. SAVING PROVISIONS.-(a) All determinations, authoriza-
tions, regulations, orders, agreements, exclusive recognition of an
organization or other actions made, issued, undertaken, entered into,
22 USC 801 note. or taken under the authority of the Foreign Service Act of 1946 or any
other law repealed, modified, or affected by this Act shall continue in
full force and effect until modified, revoked, or superseded by appro-
priate authority. Any grievances, claims, or appeals which were filed
or made under any such law and are pending resolution on the
effective date of this Act shall continue to be governed by the
provisions repealed, modified, or affected by this Act.
(b) This Act shall not affect any increase in annuity or other right
to benefits, which was provided by any provision amended or
repealed by this Act, with respect to any individual who became
entitled to such benefit prior to the effective date of this Act.
(c) References in law to provisions of the Foreign Service Act of
1946 or other law superseded by this Act shall be deemed to include
reference to the corresponding provisions of this Act.
Report to SEC. 2402. CONGRESSIONAL OVERSIGHT OF IMPLEMENTATION.-(a)
congressional Not later than February 1, 1982, the Secretary of State shall submit
committees. to the Speaker of the House of Representatives and to the Committee
22 USC 4173. on Foreign Relations of the Senate a report describing the implemen-
tation of this Act during the fiscal year 1981 by the agencies utilizing
the Foreign Service personnel system. Such report shall-
(1) describe the steps taken and planned in furtherance of (A)
maximum compatibility among such agencies, as provided for in
Ante, p. 2079. section 203, and (B) the development of uniform policies and
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
PUBLIC LAW 96-465-OCT. 17, 1980 94 STAT. 2169
procedures and consolidated personnel functions, as provided for
in section 204; Ante, p. 2079.
(2) indicate the progress made by each such agency in the
conversion of personnel and position classifications in accord-
ance with chapter 1 of this title; Ante, p. 2074.
(3) specify the upper and lower limits planned by each such
agency for recruitment, advancement, and retention of members
of the Service, as provided for in section 601(c)(2), including with Ante, p. 2094.
respect to each of the relevant promotion competition groups the
projected ranges of rates of appointment, promotion, and attri-
tion over each of the five fiscal years 1981 through 1985; and
(4) specify the numbers of members of the Service who are
assigned to positions classified under section 501 which are more Ante, p. 2092.
than one grade higher or lower than the personal rank of the
member (except that the names and grades of such members
shall be transmitted to the Congress in a confidential manner to
assure privacy and to safeguard national security).
(b) Beginning in 1982, the Secretary of State shall submit each year Report to
to the Speaker of the House of Representatives and to the Committee congressional
on Foreign Relations of the Senate a supplemental report committees.
containing-
(1) a description of any relevant developments with respect to
the matters reported on under paragraphs (1) and (2) of
subsection (a);
(2) with respect to paragraph (3) of such subsection, a revised
projection of the ranges of rates of appointment, promotion, and
attrition over each of the next five years, as well as a comparison
of such projections with the projections for the preceding year
and with actual rates of appointment, promotion, and attrition,
including a full explanation of any deviations from projections
reported in the preceding year; and
(3) the information specified in paragraph (4) of such sub-
section.
(c) The Secretary shall consult, in accordance with the procedures
set out in section 1013(g), with the exclusive representative (if any) of Ante, p. 2135.
members of the Foreign Service in each agency specified in section
1003(a) with respect to steps to be taken in implementing this Act and Ante, p. 2130.
reported under this section. To that end, each such exclusive repre-
sentative will have timely access to all relevant information at each
stage. Each such report shall include the views of each such exclusive Report.
representative on any and all aspects of the report and the informa-
tion contained in such report.
SEC. 2403. EFFECTIVE DATE.-(a) Except as otherwise provided, this 22 USC 3901
Act shall take effect on February 15, 1981. note.
(b) Personnel actions may be taken on and after the effective date of
this Act on the basis of any then current Foreign Service evaluation
cycle as if this Act had been in effect at the beginning of that cycle.
(c) Appointments to the Senior Foreign Service by the Secretary of
Commerce shall be excluded in the calculation and application of the
limitation in section 305(b) until October 1, 1985. Prior to that date, Ante, p. 2086.
the number of members serving in the Senior Foreign Service under
limited appointments by the Secretary of Commerce may not exceed
10 at any one time (excluding individuals with reemployment rights
under section 310 as career appointees in the Senior Executive Ante, p. 2087.
Service).
(d)(1) Section 812 of this Act, and the repeal of sections 631 and 632
Ante, p. 2113.
of the Foreign Service Act of 1946 and section 625(k) of the Foreign
22 SCt1001,
p. 2159.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1
94 STAT. 2170 PUBLIC LAW 96-465-OCT. 17, 1980
Ante, p. 2160. Assistance Act of 1961, shall be effective as of the date of enactment
of this Act.
Ante, pp. 2148, 1 (2) For purposes of implementing section 2101, sections 402(a) and
2087, 2088. 403 shall be effective. as of the date of enactment of this Act.
(e)(1) The provisions of chapter 8 of title I regarding the rights of
Ante, p. 2113. former spouses to any annuity under section 814(a) shall apply in the
case of any individual who after the effective date of this Act becomes
a former spouse of an individual who separates from the Service after
such date.
Ante, p. 2152. (2) Except to the extent provided in section 2109, the provisions of
such chapter regarding the rights of former spouses to receive
Ante, p. 2102. survivor annuities under chapter 8 shall apply in the case of any
individual who after the effective date of this Act becomes a former
spouse of a participant or former participant in the Foreign Service
Retirement and Disability System.
Approved October 17, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96-992, Pt. 1 (Comm. on Foreign Affairs), No. 96-992, Pt. 2
(Comm. on Post Office and Civil Service), and No. 96-1432
(Comm. of Conference).
SENATE REPORT No. 96-913 accompanying S. 3058 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept.; considered and passed House.
Sept. 10, 11, 15, S. 3058 considered in Senate; H.R. 6790, amended, passed in
lieu. /
Sept. 30, Senate agreed to conference report.
Oct. 1, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 43:
Oct. 17, Presidential statement.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080002-1