DAILY DIGEST - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000100080008-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 60
• Document Creation Date: December 21, 2016
• Document Release Date: October 27, 2008
• Sequence Number: 8
• Publication Date: September 15, 1980
• Content Type: OPEN SOURCE

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Monday, September 15, 1980
Daily Pigest
HIGHLIGHTS
Senate passed the Foreign Service Act.
Senate
Chamber Action
Routine Proceedings, pages S12497 512594
Bills Introduced: Six bills and three resolutions were
introduced, as follows: S. 31IO-3115; S. Res. 518-519, S.
Con. Res. 124. Pages 512554, $12561, S12566
Bills Reported: Reports were made as follows:
Filed during the recess on September 12,1980:
S. 2375, authorizing funds to provide support for the
training of professionals in health service needs, with
amendments (S. Rept. No. 96-936).
H.R. 2743, providing for a national policy for ma-
terials research and development capability and per-
formance of the United States, with an amendment (S.
Rept. No. 96-937).
H.R. 3210, terminating the authority of the Secretary
of the Interior to make land grants to the Las Vegas Val-
ley Water District, Nevada.
H.R. 6137, conveying certain interests in public lands
to the city of Angels, California.
H.R. 7434, establishing the African-American Na-
tional Historic Site in Boston, Massachusetts.
S. 3017, allowing the Water and Power Resources,
Service to conduct feasibility studies for several salinity
control projects along the Colorado River Basin to insure
its continued development and protection (S. Rept. No.
96-938)?
S. Res. 518, waiving section 402(a) of the Congres-
sional Budget Act of 1974 with respect to the considera-
tion of S. 333, strengthening Federal programs and pol-
icies combatting international and domestic terrorism.
Referred to the Committed on the Budget.
Filed today:
S. Con. Res. 109, disapproving the proposed export of
low-enriched uranium to India (together with minority
views) (S. Rept. No. 96-939)?
H.R. 5829, providing for duty free entry of six bronze
bells for the use of the Foundry United Methodist
Church, of Washington, D.C., with amendments (S.
Rept. No. 96-94o).
S. 2884, providing for an accelerated program of light
water nuclear reactor safety research and development
to be carried out by the Department of Energy, with
an amendment (in the nature of a substitute) (S. Rept.
No. 96-94 i).
S. 294 providing for the accelerated development of
commercial fusion power, with amendments (S. Rept.
No. 96-942).
Measur
oreign Service Ac - Senate passed H.R. 6790, pro-
moting a oreign policy of the United States by
strengthening and improving the Foreign Service of
the United States, after striking all after the enacting
clause and inserting in lieu therefor the text of S. 3058,
prior to which Senate had taken actions on amendments
proposed thereto as follows:
Adopted:
(1) Pell amendment No. 2312, restricting the use of
the authority for career extensions. Page 512510
(2) Pell amendment No. 2314, preventing windfall
pay increases through the Civil Service to F eign Serv-
ice conversion process. C . _ Page 2510
(3) Pell amendment No. 2313, making technical
changes in the bill. Page 512510
(4) Helms amendment No. 2308, making the effective
date April 1, 1981. - Page S12511
(5) Helms amendment No. 2304, requiring the Sec-
retary to notify Congress of the' number of Foreign
Service personnel assigned to positions higher or lower
than their personal rank. Page $12521
Rejected:
(r) By 18 yeas to 66 nays, modified Helms unprinted
amendment No. 1573, in the nature of a substitute for
amendment No. 2290. Page $12506
(2) By 41 yeas to 43 nays, Helms amendment No.
2309, increasing the rate of annuity of any participant
who, during his service, 'was held hostage or detained in
a foreign country in violation of any treaty or other in-
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 D 1286
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CONGRESSIONAL RECORD-DAILY DIGEST September. 15, 1980
ternational agreement to which the United States and
such country are signatories. a Page $12511
(3) By 19 yeas to 62 nays, Helms amendment No.
2310, providing for examinations for certain salary
classes of the Foreign Service and the Senior Foreign
Service. Page 512512
(4) By 36 yeas to 45 nays, Helms unprinted amend-
ment No. 1574, deleting the section of the bill dealing
with grievance procedure. Page 512516
S. 3058 was then indefinitely postponed. Page S12554
Pages S12498-S12554
Permanent Subcommittee on investigations sub-
pena power: Senate agreed to S. Res. 502, directing
the Senate Legal Counsel to bring civil action to enforce
subpenas of, the Permanent Subcommittee on Investi-
gations. Page S12554
Records transfer: Senate agreed to S. Res. 519, au-
thorizing the withdrawal and release of certain records
and documents created or obtained by and in the pos-
session of the Special Committee on Aging to the Office
of Disciplinary Counsel, Supreme Court, State of
Hawaii. Page S12554
HUD Appropriations: Senate began consideration of
H.R. 7631, appropriating funds for fiscal year 1981 for
the Department of Housing and Urban Development
and certain independent agencies.
Pages S12554, 512587-512594
Presidential Message: Senate received a message from
the President during the recess, on September 12, trans-
mitting the Third Annual Report on the Status of
Health `information and Health Promotion. Referred
to the Committee on Labor and Human Resources
(PM-242). T age S12558
Nominations: Senate received the following nomina-
tions:
Received during the recess on September 12:
Harry W. Shlaudeman, of California, to be Ambas-
sador to Argentina.
Thomas D. Boyatt, of Ohio, to be Ambassador to
Colombia.
Edwin G. Corr, of Oklahoma, to be Ambassador to
Peru.
Nickolas P. Geeker, to be U.S. Attorney for the
Northern District of Florida.
James L. Blackburn, to be U.S. Attorney for the East-
ern District of North Carolina.
Dennis D. Clark, of Maryland, to be a, Member of
the Federal Mine Safety and Health Review Commis-
sion.
Routine lists of nominations in the Foreign Service
and the Navy.
Received today:
Robin Duke, of New York, Barbara W. Newell, of
Massachusetts, Elie Abel, of California, John E. Fobes,
of North Carolina, and John H. Franklin, of Illinois, 1
each to be a Representative to the Twenty-first Session
of the General Conference of the United Nations Edu-
cational, Scientific, and Cultural Organization.
Sandra L. Bird, of New York, Joseph D. Duffey, of
the District of Columbia, Kathleen Nolan, of California,
Beatrice Ranis, of Hawaii, and Roger Revelle, of Cali-
fornia, each to be Alternative Representatives to the
Twenty-first Session of the General Conference of the
United Nations Educational, Scientific, and Cultural
Organization.
Routine lists of Navy and Air Force nominations.
Pages 512594-S12604
Message From the President:
Messages From the House:
Communications: .
Statements on Introduced Bills:
Page 512558
Pages S12558-S12559
Pages 512559-S12560
Pages 512561-512565
Amendments Submitted for Printing:
Pages S12566-S12568
Notices of Committee Hearings: Page 512568
Committee Authority To Meet: Pages S12568-S12569
Additional Statements: Pages 512569-512587
Nominations: Pages 512594-S12604
Measure Held at the Desk: Pages S12554-S12555, S12559
House Bill Placed on the Calendar: Page 512559
Record Votes: Four record votes were taken today
(Total-4o3). . Pages 512509, S12512, 512516, S12521
Recess: Senate met at I p.m., and recessed at 5:35 P?m?,
until Io:3o a.m., on Tuesday, September 16,198o. (For
Senate's program see remarks of Senator Robert C. Byrd
in today's Record on page S12594.)
Committee Meetings
(Committees not listed did not meet)
APPROPRIATIONS--STATE, JUSTICE,
COMMERCE, JUDICIARY
Committee on Appropriations: Committee ordered fa-
vorably reported with amendments H.R. 7584, appro-
priating funds for fiscal year 1981 for the Departments
of State, Justice, Commerce, and the Judiciary. (As ap-
proved by the committee the bill appropriates $9,053,-
68,ooo, an increase.of $333,97o,ooo over the House-
passed figure of $8,719,198,00o.)
HAZARDOUS WASTE
Committee on Commerce, Science, and Transportation:
On Friday, September 12, committee concluded hear-
ings on .the substance of S. 1480,. authorizing funds for
fiscal years 1981 through 1986, to provide. for the safe
and adequate treatment of hazardous substances re-
leased into the environment (pending on Senate cal-
endar), after receiving testimony from Swep T. Davis,
Associate Assistant Administrator for Water and Waste
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l S 22498 CONGRESSIONAL R EC?
to show that I again seriously question
the concept of being in session after an
election in a Presidential election year.
My memory of the times I have been
here in 1972 and 1976 have convinced me
that they are not productive sessions.
I say again to the majority leader
that if there is anything we can do
or that I can do personally to assist in
working out the calendar so that we
might avoid a postelection session, it
is my hope that he will try to see if it
is possible. I note that the majority lead-
er has stated categorically-and I know
that when my good friend says some-
thing categorically, he believes it and
means it-that a postelection session is
assured.
It seems to me that with the potential
for the change of leadership in the ex-
ecutive branch, and even without it, in
a Presidential election year, there is too
much for the country to risk to have
Congress in session after an election.
I cannot believe that there is not some
way we can avoid that.
It is my hope that we might discuss
this matter with the leadership of the
majority party in both Houses, to see
if it would be possible to work out
an arrangement whereby we would have
a continuing resolution which, in fact,
would continue the "must" legislation
through in the next year, on an authoriz-
ing continuing resolution basis, and see
if it would be possible to arrive at that
type of solution to the problem that con-
fronts us.
Mr. ROBERT C. BYRD. Mr. President,
I appreciate the opportunity to respond
to the distinguished Senator. I also am
grateful for his offer to assist in expedit-
ing the work of the Senate. ' ,
I doubt that a postelection session
can be avoided unless the second concur-
rent budget resolution and appropriation
bills and the continuing resolution can
be acted upon in such a way as to avoid
the necessity of such a postelection
meeting.
The House will send over a continuing
resolution soon. It is my understanding
that it will provide a date of something
like December 15. This, in itself, would
necessitate our return following the elec-
tion.
We still have several appropriation
bills. The second concurrent budget res-
olution has not been marked up in the
other body as yet.
My only suggestion would be that' we
get as much business done as possible, so
that when we do return after the elec-
tion, our workload will be narrowed to
that extent.
Further, if we could get agreements on
appropriations bills which would pre-
clude legislative amendments which are
not in order under the rules anyhow
and which would preclude the calling up
of nongermane amendments which are
not in order under the rules anyhow, this
would help us to expedite action on ap-
propriations bills. If we could get other
time agreements, and agreements on the
nominations that remain to be con-
firmed, these things would greatly ex-
pedite the work of the Senate.
I know that the distinguished minor..
ity whip will be interested in expediting
D-SENATE September 15, 1980
these matters and he will be effective in
aiding in the expedition of them. X know,
also, that he will try to do whatever he
can do from his side of the aisle to meet
the suggestions I have made, particularly
with respect to the amendments on ap-
propriations bills.
Calling up an appropriations bill here,
of course, sets the stage for a lot of
amendments that are not germane and a
lot of amendments that are legislative
in nature. If we could reach agreements
on these, that would avoid having to
take time to deal with such amendments
that are not in order under the rules
anyhow. This would greatly aid us in
the utilization of the remaining time.
I thank the distinguished Senator.
Mr. STEVENS. Mr. President, I do
thank the majority leader for his
comments.
I think it would be possible to work out
an understanding between the majority
and minority that is based upon firm as-
surance that if the understandings were
agreed to there would be no postelection
session.
Whether it is with regard to nomina-
tions or the must legislation, or the ap-
propriations bills, with the knowledge
that there is going to be a postelection
session, I think it is very difficult to get
agreement on almost anything right now,
although, as my good friend knows, I will
continue to work to try and help him
with those agreements in order to ac-
celerate the work of the Senate.
It just seems to me that we should
have, by virtue of our experience in the
past, learned that postelection sessions
in Presidential election years are really
detrimental, I think, to the legislative
process and to the best interests of the
country.
So again I renew my offer on the rec-
ord to assist in any way I can.
We have no request for time on this
side, I might say to my good friend.
On that basis I shall be happy to yield
back my time or let it run, whichever
the majority leader wishes to do.
Mr. ROBERT C. BYRD. Mr. President,
I yield back my time.
Mr. STEVENS. Mr. President, I yield
back my time.
The ACTING PRESIDENT pro tem-
pore. The time has all been yielded back.
FOREIGN SERVICE ACT OF 1980
The ACTING PRESIDENT pro tem-
pore. Under the previous order, the Sen-
ate will now resume consideration of the
pending business, S. 3058, which the clerk
will state.
The legislative clerk read as follows:
A bill (S. 3058) to promote the foreign
policy of the United States by strengthening
and improving the- Foreign Service of the
United States, and for other purposes. .
The Senate resumed consideration of
the bill.
Mr. ROBERT C. BYRD. Mr. President,
will the Chair state the agreement?
AMENDMENT NO. 2290
The ACTING PRESIDENT pro tem-
pore. Under the previous order, the Sen-
ate will now proceed to the pending
amendment in the nature of a substitute,
amendment No. 2290, by the Senator
from North Carolina (Mr. HELMS) on
which there shall be 1 hour.
Mr. ROBERT C. BYRD. Mr. President,
I suggest the absence of a quorum and
ask unanimous consent that the time not
be charged against either side on the
amendment awaiting the managers of
the amendment and the opponents of
the amendment to reach the Chamber.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
The clerk will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. CHURCH. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
Mr. CHURCH. Mr. President, the For-
eign Service Act of 1980 (S. 3058) repre-
sents a 5-year nonpartisan effort to
strengthen and improve the Foreign
Service of the United States.
"In 1978, the Congress took a major
step to upgrade the management and ef-
ficiency of the Federal service by enact-
ing the Civil Service Reform Act. This
bill, S. 3058, is a companion measure
designed to increase the effectiveness of
the foreign policy arm of Government. It
also responds to a congressional direc-
tive-section 117 of Public Law 94-350-
to prepare a comprehensive plan for the
improvement and simplification of the
personnel systems of our various foreign
affairs departments and agencies.
The last comprehensive attempt to re-
vise the Foreign Service was the Foreign
Service Act of 1946. 'There is a clear
need, after more than three decades, for
substantial legislative changes to
strengthen and improve the Foreign
Service to enable it to fulfill its essential
role and mission now and in the years
ahead.
This new Foreign Service Act is
needed:
To provide a clear distinction between
Foreign Service and civil service em-
ployment, and to convert to civil service
status without loss those Foreign Service
personnel who are obligated and needed
only for domestic service;
To improve efficiency and economy by
simplifying and rationalizing the various
categories of Foreign Service personnel
and by establishing a single Foreign
Service salary schedule;
To establish a Senior Foreign Service
SFS with rigorous entry, promotion,
and retention standards based on per-
formance, with performance pay for out-
standing service;
To make more uniform the statutory
terms and conditions of Foreign Service
employment based on merit principles;
To provide a statutory basis for labor-
management relations in the Foreign
Service;
To consolidate and codify the various
laws relating to Foreign Service person-
nel which have been enacted both with-
in and outside the framework of the
existing Foreign Service Act;
To improve interagency coordination
by promoting compatibility -among the
personnel systems of the agencies em-
ploying Foreign Service personnel and
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 unitl
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126
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afl"~e
,2TE99
PROCEEDINGS ANJ DEBATES ?1F THIE 96 CONGRIESS, SECONIID SIESSIION
G
order by Hon. WENDELL H. FORD, a
Senator from the State of Kentucky.
PRAYER
prayer:
Nation
May the tall to public service and the
der der the shelter of Thy wing,
d our defense is sure.
DENT PRO TEMPORE
will please read a communication to the
from the President pro tempore
Senate
legislative clerk read the follow-
The
U.S. SENATE,
PRESIDENT PRO TEMPORE,
WARREN G. MAGNUSON,
President pro tempore.
WASHINGTON, MONDAY, SIEPTIE E
LEADER
The ACTING PRESIDENT pro tem-
can farmers.
I applaud this
Polish economy i
year 1981. This
to buy an esti-
already,vweak Polish economy. But II
hope that the agreements made between
the workers and their Government,
without outside interference, will allow
work to recommence.and will provide a
foundation for future prosperity. It is
appropriate for the people of the United
States to arm their friendship with the
Polish people by extending to them the
largest amount of U.S. credit guarantees
ever offered to a single country. The
President stated that this aid was in re-
of the his-
the recent
ments
ER 15, 1980
Mr. BERT C. BYRD. Mr. Presiden
I ask un nimous consent that the Jo -
nal of t proceedings be approve to
date.
The AC NG PRESIDENT pr tem-
pore. Witho objection, it is so dered.
/haships. an urgent request from Po-
believes that this financial as-
ill relieve Poland of all future
But it is important that the
ople know that they have the
f the people of the world's
greaesdemocracy, the United States
of America. It is important that the
Polish people share in the bounty of the
world's most efficient agricultural pro-
ducer, the American farmer.
These credit guarantees are an indica-
tion that the American people care
about Poland and follow its develop-
ment and its news with special interest.
We are witnesses to the events and
promises of the last month, and we will
watch carefully as the promises of Sep-
tember come to life in the months and
years ahead.
UARANTEE
$OLAND .
BYRD.
n, Pr,
ion
t t al Ic
RECOGNITION OF THE ASSISTANT
MINORITY LEADER
Mr.. ROBERT C. BYRD. Mr. Presi-
dent, if the distinguished minority whip
would like any of my time, I will be glad
to yield it.
The ACTING PRESIDENT pro tem-
pore. The Senator from Alaska is rec-
ognized.
Mr. STEVENS. I thank the distin-
guished majority leader.
GG~~~ii~`lll
No. 1142
THE POSTELECTION SESSION
Mr,. STEVENS. Mr. President, I was
just reading the CONGRESSIONAL RECORD
for Thursday, September 11, and I no-
is lie intention to return to session on
No ber 12.
It Y d been my hope that perhaps the
leaders ' might work toward a con-
tinuing thorizing resolution which
would nega the necessity to return.
It realize that there is "must" legis-
lation to be completed, but it was my
hope that we might avoid the potential
discord that is involved in a postelection
session in a Presidential election year.
I do not have any speech to make
about this. I should just like the RECORD
O This " 6ulles' symbol identifies statements or insertions which am not spolcen by the Member on the floor.
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September 15, 1980 CONGRESSIONAL RECORD -SENATIS
with those of other departments and
agencies. .
There is no doubt that it is in the na-
tional interest to maintain and strength-
en a professional Foreign Service, rep-
resentative of the American people, to
assist the President and the Secretary of
State In managing the country's foreign
relations.
This bill strengthens the professional
character of the Foreign Service of the
United States by:
First, limiting Foreign Service status
to those who accept its discipline includ-
ing 'the obligation to serve anywhere in
the world often under dangerous or un-
healthy circumstances;
Second, requiring that all persons
seeking career status pass successfully
through a strict but fair tenuring proc-
ess ; and
Third, establishing closer links be-
tween performance and promotion, com-
pensation and, incentive payments, and
retention in service.
This bill will also improve the man-
agement of the Foreign Service and pro-
mote economy and efficiency by reduc-
ing the number of personnel categories
under a single pay schedule, establishing
a Senior Foreign Service comparable to
the Senior Executive Service of the civil
service, and by encouraging Interchange
and maximum compatibility of person-
nel systems among the foreign affairs
agencies.
The bill has been the subject of ex-
tensive consultations. Its provisions re-
flect comments and suggestions which
have been received from the members of
the Foreign Service and the employee
organigations which represent them,
and from interested agencies within the
executive branch.
Its support is broad based, extensive,
and nonpartisan. It is appropriate that
In this year, while U.S. diplomats are
still being held hostage in Iran, we move
to pass this legislation in support of our
representatives abroad.
I urge my colleagues to support S.
3058.
Mr. President, I think special credit Is
due to the distinguishecii Senator from
Rhode Island (Mr. PELL) for the inter-
est he has shown in the legislation
through the years, and for the leadership
he has given in helping to draft the leg-
islation and bring it to the floor.
I am certain that he himself will look
upon the passage of this bill as one of
the single accomplishments of his career
in the Senate, and I extend to him my
congratulations.
Mr. PELL. I thank. the Senator.
Mr. CHURCH. Mr. President, I suggest
the absence of a quorum.
The ACTING- PRESIDENT pro tem-
pore. On whose time?
Mr. CHURCH. On the time of either
side.
The ACTING PRESIDENT pro tem.-
pore. Without objection, it is so ordered.
The clerk will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. STEVENS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, I ask
unanimous consent that the time be
charged as previously provided under the
order entered pursuant to the majority
leader's request.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, I sug-
gest the absence of a quorum.
The ACTING PRESIDENT pro tem-
pore. The clerk will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. HELMS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
UP AMENDMENT NO. 1573 IN THE NATURE Of
A SUBSTITUTE FOR AMENDMENT NO. 2290
(Purpose: To amend the Foreign Service Act
of 1946 to strengthen and improve the
Foreign Service, and for other purposes)
Mr. HELMS. Mr. President, I ask
unanimous consent that it be in order for
me to send to the desk a substitute for
my amendment No. 2290 which makes a
number of corrections of a technical na-
ture. I have cleared this with the distin-
guished manager of the bill.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
The amendment will be stated.
The legislative clerk read as follows:
The Senator from North Carolina (Mr.
HELMS) proposes an unpainted amendment
numbered 1573 in the nature of a substi-
tute for amendment numbered 2290.
Mr. HELMS. Mr. President, I ask
unanimous consent- that further reading
of the amendment be dispensed with.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
The amendment is as follows:
Strike out all after the enacting clause
and insert in lieu thereof the following:
SHORT TITLE
SECTION 1. This Act may be cited as the
"Foreign Service Act Amendments of 1980".
OBJECTIVES
SEC. 2. Section 111 of the Foreign Service
Act of 1946 is amended--
(1) by striking out "and" at the end of
paragraph (8);
(2) by striking out the period at the end
of paragraph (9) and Inserting in lieu there-
of a semicolon; and
1(3) by adding at the end thereof the fol-
lowing:
"(10) to ensure that personnel in the For-
eign Service are accorded all the rights ac-
corded to personnel in the civil service; and
"(11) to provide further protections, pro-
cedures,'and emoluments to such personnel,
in addition to the protections, procedures,
and emoluments provided to personnel in the
civil service, in order to compensate such
Foreign Service personnel for the hazards,
Inconveniences, and disruptions which en-
cumber such personnel and which require
sacrifice and discipline not expected of civil
service personnel.".
FOREIGN SERVICE SCHEDULE
SEC. 3. (a) Sections 412 through 415 of the
Foreign Service Act of 1946 are amended to
read as follows:
"FOREIGN SERVICE SCHEDULE
"SEC. 412. (a) There is established the For-
eign Service Schedule, which shall apply to
the members of the Service who are citizens
of the United States and for whom salary
0.12499
rates are not otherwise provided for by this
title.
"(b) The Foreign Service Schedule shall
have 13 salary classes, designated FS-1
through FS-13, which shall correspond to
grades of the General Schedule under sec-
tion 5332 of title 5, United States Code, as
follows:
Shall
correspond
"Salary class: to grade:
FS-1
------------------- ------ GS-18
FS-2
---------------------------- GS-17
FS-3
---------------------------- (18-16
P5-4
---------------------------- OS-15
FS-5
------------------=--------- GS-14
FS-6
----------------------------- GS-13
FS-7
---------------------------- GS-12
FS-8
---------------------------- GS-11
FC-9
---------------------------- GS-9
FS-10
--------------------------- GS-7
FS-11
---=----------------------- GS-6
FS-12
------------------------- GS-5
FS-13
--------------------------- GS-4
"Cc) Each class In the Foreign Service
Schedule shall have 10 salary steps, equal to
the steps for the corresponding grade in the
General Schedule, except that the salary
classes designated FS-l, FS-2, and FS-3 shall
have one, five, and nine steps, respectively.
"ADDITIONAL COMPENSATION
"SEC. 413. (a) The Congress finds that the
availability of members of the Foreign Serv-
ice to serve world-wide at any post assigned
without regard to hazards, inconveniences, or
disruption of family relations and educa-
tional-and other personal plans entitles such
members to--the additional compensation
provided under subsection (b).
"(b) In addition to the basic salary pre-
scribed under section 412 and any other al-
lowance authorized by law and only to such
extent or In such amounts as are provided In
advance by appropriation Acts, there shall
be paid in a lump sum to each member of
the Foreign Service an amount equal to 15
percent of the basic salary for such member
at the grade and step prescribed under sec-
tion 412, except that in no event shall a
member of the Foreign Service be paid under
this section less than $2,500 or more than
"CLASSIFICATION OF POSITIONS
"SEC. 414. The Secretary of State shall des-
ignate and classify positions in the Depart-
ment of State, the Agency for International
Development, and the International Com-
munication Agency and positions at Foreign
Service posts, subject to the applicable pro-
visions of chapter 51 of title 5, United States
Code, in relation to the salaries established
under section 412. Positions so classified shall
be considered to be part of the civil service
for purposes of title 6, United States Code.
Career members of the Foreign Service shall
be eligible to compete for positions classified
under chapter 51 of title 6. United States
Code, which are not classified by the Secre-
tary pursuant to this section.
"ASSIGNMENT TO POSITIONS
"SEC. 415. The Secretary shall, to the maxi-
mum extent practicable without prejudicing
the foreign policy or national security inter-
ests of the United States, assign Individuals
holding a personal rank in the diplomatic
service of the United States only to such
classified positions as may be appropriate to
the rank and salary of such individuals. The
Secretary shall from time to time prepare
and transmit a report to the Congress listing
the names of each individual assigned to a
classified position for which the salary was
more than one grade higher or lower than the
grade corresponding to the -personal rank of
such individual.".
(b) Section 416 of such Act is repealed.
ADMISSION TO FOREIGN SERVICE SALARY CLASSES
SEC. 4. Sections 516 through 518 of the For-
eign Service Act of 1946 are amended to read
as follows:
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"ADMISSION TO FOREIGN SERVICE SALARY CLASSES
7 THROUGH 13
"SEC. 516. No person may be eligible for
initial appointment as a member of the For-
eign Service of classes 7 through 13 unless
such person has taken an appropriate writ-
ten and oral examination, as the Board of
Examiners for the Foreign Service may pre-
scribe, to determine fitness and aptitude for
the work of the Service and demonstrated
loyalty to the Government of the United
States and attachment to the principles of
the Constitution. Part of the written exami-
nation shall test the applicant's knowledge
of the geography, history, and political struc-
ture of the United States and of the major
international events of the twentieth cen-
tury. The Board of Examiners for the For-
eign Service shall interpret the results of
such examinations in the light of the ordi-
nary clerical, technical, or professional du-
ties which the applicants would perform in
the Foreign Service.
"ADMISSION TO FOREIGN SERVICE SALARY CLASSES
I THROUGH e
"SEC. '517. No person may be eligible for
initial appointment as a member of the For-
eign Service of classes 1 through 6 unless
such person has taken an appropriate oral
examination, as prescribed by the Board of
Examiners for the Foreign Service, to deter-
mine the fitness and aptitude of the appli-
cant. Notwithstanding the preceding sen-
tence, the Secretary of State may appoint
an individual as a member of the Foreign
Service Reserve of class 1, 2, or 3, without
examination by the Board of Examiners for
the Foreign Service if-
"(1) not later than 30 days after such
appointment, the President notifies the Sen-
ate of such appointment; and.
"(2) the Appointment of such individual
would not cause the number of individuals
appointed as members of the Foreign Serv-
ice Reserve of classes 1, 2, and 3 without ex-
amination by the Board of Examiners to ex-
ceed 5 percent of the number of individuals
appointed as members of the Foreign Service
of classes 1, 2, and S.
"OFFICE OF PERSONNEL MANAGEMENT
"SEC. 518. (a) The Director of the Office of
Personnel Management shall cause the names
of all individuals appointed to the Foreign
Service to be placed on the registers or lists
of eligibles, maintained by the Office of Per-
sonnel Management under subchapter I of
chapter 33 of title 5, United States Code, to-
gether with the grade in the civil service cor-
responding to the salary class in the Foreign
Service for each such individual. The Direc-
tor of the Office of Personnel Management
shall keep current the information provided
under the preceding sentence.
"(b) If the employment of an individual
in the Foreign Service is terminated, the Di-
rector of the Office of Personnel Manage-
ment shall assist such individual in finding
a position of corresponding grade in the civil
service.".
LABOR-MANAGEMENT RELATIONS
SEC. 5. (a) Section 7103(a) (2) of title 5.
United States Code, is amended-
(1) by inserting "or" at the end of clause
(iii); and
(2) by striking out clause (iv).
(b) Title VI of the Foreign Service Act of
1946 is amended by inserting after part E
the following:
"Part F-LABOR-MANAGEMENT RELATIONS
"SEC. 651. (a) The provisions of sub-
chapter 71 of title 5, United States Code,
shall apply with respect to labor-manage-
ment relations in the Foreign Service except
to the extent such provisions are inconsistent
with this section.
"(b) The Federal Labor Relations Au-
thority shall resolve any dispute as to
whether this Act or chapter 71 of title 5,
United State:, Code, applies with respect to
labor-management relations, in the Foreign
Service.
"(c) Each member' of the Foreign Service
who is a citizen of the United States, wher-
ever serving, other than a management of-
ficial, has the right to form, join, or assist
any labor organization or to refrain from
such activity, freely and without fear of pen-
alty or reprisal. Each such member shall be
protected in the exercise of such right.
"(d) (1) For purposes of this section, ex-
cept as provided in paragraph (2), the term
'management official' means an official who-
"(A) is a chief of mission or principal of-
ficer;
"(B) is serving in a position to which ap-
pointed by the President, by and with the
advice and consent of the Senate, or by th"
President alone;
"(C) occupies of position which in the sole
judgment of the Secretary is of comparable
importance to the offices mentioned in clause
(A) or (B);
"(D) Is serving as a deputy to any individ-
ual described by clause (A), (B), or (C);
"(E) is assigned to carry out functions of
the Inspector General of the Foreign Service;
or
"(F) is engaged in the administration or
formulation of the personnel policies and
programs of the Department.
"(2) For purposes of labor-management
relations with respect to a particular Foreign
Service post, of the individuals assigned to
such post from the Department, the Inter-
national Communication Agency, and the
United States International Development
Cooperation Agency, not more than six sen-
ior officials shall be considered to be man-
agement officials for purposes of this section,
including-
"(A) not more than one senior official each
from the International Communication
Agency and the United States International
Development Cooperation Agency; and
"(B) not more than the following four
senior officials from the Department: the
chief of mission or principal officer, the dep-
uty chief of mission, the principal adminis-
trative officer, and the principal personnel
officer.".
"(e) (1) For purposes of Involvement in
any labor organization, the employees, in-
cluding supervisors and all persons other
than management officials, of the Depart-
ment, the United States International De-
velopment Cooperation Agency, and the In-
ternational Communication Agency shall
constitute, with respect to each such De-
partment or Agency, as the case may be, a
single and separate worldwide bargaining
unit.
"(2) For purposes of involvement in any
labor organization, the employees, includ-
ing supervisors and all persons other than
management officials, of the Department of
Agriculture and the Department of Com-
merce may constitute, with respect to each
such department, as the case may be, a sin-
gle and separate worldwide bargaining unit
or, if recognized as a bargaining unit on the
date of enactment of this Act, may merge
with any bargaining unit under paragraph
(1) which accepts such merger.
"(f) Upon the approval of the Federal Lab-
or Relations Authority and under such terms
and condititions as the Authority may re-
quire, any bargaining unit representing civil
service employees of a department or agency
of the United States for which members of
the Foreign Service are employed may merge
with a worldwide bargaining unit represent-
ing only Foreign Service employees if such
unit accepts such merger.
"(g) For purposes of this section, the term
'conditions of employment' means personnel
policies, practices, and matters, whether es-
tablished by regulation or otherwise, affect-
ing working conditions, but does not in-
clude policies, practices, and matters-
(A) relating to political activities prohib-
ited abroad or prohibited under subchapter.
III of chapter 73 of title 5, United States
Code;
(B) relating to the designation or classi-
fication of any position under section 414.
(C) to the extent such matters are specifi-
cally provided for by Federal statute; or
(D) relating to Government-wide or multi-.
agency responsibility of the Secretary affect-
ing the rights, benefits, or obligations of in-
dividuals employed in agencies other than
those which are authorized to utilize the
Foreign Service personnel system.
"(h) The provisions of sections 7114(c),
7117(a), 7117(b), 7121, and 7122, of title 5,
United States Code, shall not apply to labor-
management relations in the Foreign Serv-
ice.".
COMPUTATION AND PAYMENT OF ANNUITIES
SEC. 6. Section 821 of the Foreign Service
Act of 1946 is amended-
(1) by striking out "2 per centum" in the
first sentence and inserting in lieu thereof
"2.5 per centum"; and
(2) by adding at the end thereof the fol-
lowing:
' (j) (1) The rate of annuity of any par-
ticipant who, during his service, was held
hostage or detained in a foreign country in
violation of any treaty or other international
agreement to which the United States and
such country are signatories shall be in-
creased by a rate equal to-
"(A) one-tenth per centum of the average
basic salary of the annuitant, as computed
under subsection (a), for each day such an-
nuitant was so held hostage or detained, if
such annuitant was held hostage or detained
less than 30 days; or.
"(B) two-tenths per centum of the aver-
age basic salary of the annuitant, as com-
puted under sersection (a), for each day such
annuitant was so held hostage or detained in
excess of 30 days.
"(2) For purposes of computing under sub-
section (a) the amount of the annuity for
which each participant is'entitled, the num-
ber of years of creditable service calculated
under section 851 and 853 shall be increased
by one year for each month or fraction
thereof a participant is so held hostage or de-
tained less than six months and shall be in-
creased by two years for each month or frac-
tion thereof a participant is so held hostage
or detained in excess of six months.
"(3) A participant so held hostage or de-
tained shall not have his annuity reduced by
reason of his age.".
RETIREMENT 9REDIT FOR "RADIO" SERVICE
SEC. 7. (a) Subsection 8332(b) of title 5,
United States Code, is amended-
(1) by striking out "and" at the end 'of
paragraph (8);
(2) by striking out the period at the end
of paragraph (9) and Inserting -in lieu there-
of a semicolon and "and"; and '
(3) by inserting after paragraph (9) the
following:
"(10) Subject to sections 8334(c) and
8339(1)` of this title, service in any capacity
of at least 130 working days per year per-
formed after July> 1, 1946 for the (A) Na-
tional Committee for a Free Europe; (B)
Free Europe Committee, Inc.; (C) Free Eu-
rope Inc.; (D) Radio Liberation Committee;
(E) Radio Liberty Committee; (F) subdivi-
sions of the entities referred to in clauses
(A) through (E); (0) Radio Free Europe/
Radio Liberty Inc.; (H) Radio Free Asia; (I)
the Asia Foundation; or (J) the American
Forces Network, Europe (AFN-E).".
(b) Section 8332(b) of such title is
amended by adding at the end thereof the
following :
"The Office of Personnel Management shall
accept the certification of the Executive
Director of the Board for International
Broadcasting concerning services for the pur-
poses of this subchapter of the type per-
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formed by an employee referred to in para- bargaining. It merely preserves the
graph (10) . ". status quo.
RETIREMENT FOR BINATIONAL CENTER Fourth. A new subsection (h) is fur-
EMPLOYEES ther added to exclude those provisions
SEC. 8. Section 803(a) of the Foreign Serv- of the CSRA labor-management pro-
ice Act of 1946 is amended- gram that are inconsistent with the pro-
(1) by striking out the period at the end visions of this section. With one world-
thereof and inserting in lieu thereof a semi- wide unit per agency, there is no need to
,colon and "and"; and have a two-step process of agency head
(2) by adding at the end thereof the fol- approval for agreements. In the civil
lowing:
(5) Any person who was appointed as a service, agreements are often at local
Binational Center Grantee and who has com- activity level, so a period for review
pleted at least five years of satisfactory sere- and approval by the Department head
ice as such a grantee or under any other ap- in Washington makes sense. With one
pointment under this Act and who makes an world-wide unit, however, such a re-
appropriate contribution to the Fund in ac- quirement would merely encourage delay
cordance with the provisions of this Act.". in bargaining. The agency head should
EFFECTIVE DATE make sure he is represented competently
SEC. 9. The amendments made by this Act .at the table in negotiating for his world-
shall take effect on October 1, 1980. wide unit.
Mr. HELMS. Mr. President, at the Sections 7117 (a) and (b), are omitted
outset, let me pay my genuine respects to from the committee bill because their
the distinguished manager of the bill discussion of how bargaining relates to
(Mr. PELL) and to others who have regulations is subsumed in the definition
worked so diligently on it. Basically, there of "conditions of employment" contained
is no disagreement as to the need for in subsection (b). The committee bill
some legislation. There is some disagree- omits sections 7117 (a) and (b) because
ment on how far we should go in deter- its provisions are inconsistent with cur-
mining some aspects of it. rent practice under the Executive order
As to the substitute which is now Pend- and with its definition of "conditions of
Ing, let me reassure my colleagues that employment." With continuation of the
there are no major changes from what legislated grievance procedure, sections
was previously proposed. I will enumer- 7121 and 7122 are unnecessary.
ate the corrections at this time. As I said at the outset, Mr. President,
First. On page 4 of amendment 2290, these are all technical and conforming
lines 1 and 2, ? strike everything after amendments to improve the bill.
"$7,500". This deletes the tax exemption Mr. President, as a preface to my com-
of the additional compensation. While ments on my bill, S. 2986, and the com-
the Senator from North Carolina would mittee bill, S. 3058, I want, for a few
prefer that this special recognition be moments, to discuss the constitutional
tax exempt, it has been suggested that context to which both relate. These bills,
there would be complications with the Mr. President, touch directly on the
Tax Code which the Finance Committee rights and privileges and duties of the
might need to examine. So, rather than Senate itself. Consequently, unlike many
place another obstacle on the legislation other reorganization and reform bills,
at this late date, I am simply deleting they are of unusual importance to the
that provision. Senate. Unlike the House of Representa-
Second. Page 6, lines 10 to 17 have been tives, which has rights and duties relat-
redrafted to make it clear that appoint- ing largely only to legislative matters
ments under this section would be re- under the separation of powers, the Sen-
stricted to 5 percent of Foreign Service ate shares in some of the powers and
classes I, II1 and II, and not to 5 per- functions of the President of the United
cent of the entire personnel of the State States. This is particularly true in the
Department. Senates constitutional right to partici-
Mr. President, this restriction was pate in the making of treaties and in the
originally put in at the suggestion of the appointment of ambassadors and For-
State Department, and it was always the eign Service officers.
intent to restrict such appointments to 5 Mr. President, I want to read, with the
percent of classes I; II, and III, as my indulgence of Senators, the pertinent
statement of last Thursday shows. text of paragraph II of section II or
However, the gremlins got into it in article II of the Constitution. It reads:
the drafting stage. It should be pointed He-
out that the reference is to salary classes, Meaning the President-
not to commissioned ranks, said it is ob- shall have Power, by and with the Advice
vious that the Secretary. under. law, and Consent of the Senate,,to make Treaties,
can appoint only reserve officers and not provided two-thirds of the Senators present
career officers, concur; and he shall nominate, and by and
To clarify that point. the word "re- with the Advice and Consent of the Senate,
shah appoint Ambassadors,
"
serve
is inserted at the appropriate ,
places. And so on.
Third. In labor-management relations
page 10, after line 11. insert a new sub-
section (g). Mr. President, this is identi-
cal to section 1002(5) of S. 3058. Al-
though this -subsection protects the Sec-
retary from being forced to bargain over
certain regulations, this insures that the
scope of bargaining is not extended be-
yond what is in S. 3058. At the same
time, it does not decrease the scope of
012,501
Consequently, the character of these
personnel and their qualifications, their
esprit de corps, their protection against
arbitrary action by foreign powers and
by their own superiors, all are matters
of great concern to the Senate. We have
all heard repeatedly in the last several
years that the Foreign Service and the
diplomatic establishment which it is in-
tended to serve have been in a state of
crisis and decline. That decline has ac-
companied and contributed to the decline
of the United States as a world power.
So, now, we get to the meat of the
coconut, Mr. President. My bill, which is
in the parliamentary sequence of a sub-
stitute to my subtsitute, is intended to
provide the administrative and the fiscal
means to reverse this decline and to elim-
inate the endemic crises which afflict the
Foreign Service today.
As the distinguished occupant of the
Chair may know, the American Federa-
tion of Government Employees, AFL-
CIO, has endorsed my bill. As the dis-
tinguished Senators may also know, there
are many differences between the Sena-
tor from North Carolina and the AFL-
CIO on various matters of domestic
legislation. However, on foreign policy
matters, I believe I can say without chal-
lenge that George Meany and I were in
complete agreement on many issues more
than almost any other Senator. I could
relate many conversations that I had
with George Meany over the years. He
and I did agree on domestic matters, fre-
quently, but we agreed on foreign policy,
national defense, and that sort of thing.
His interest and mine in bringing Alex-
ander Solzhenitsyn to this country were
parallel, and we worked together on that
issue.
I mention all of this, Mr. President, to
state my appreciation to the AFL-CIO's
American Federal of Government Em-
ployees for studying my proposal and
having endorsed it. I believe that general
agreement on foreign policy probably ex-
ists with the Present President of the
AFL-CIO, Lane Kirkland. However, I
must confess that I have not talked with
him about this measure.
The reasons for our agreement on for-
eign policy are clear: Our agreement
about the extreme dangers which we con-
front abroad and the need to provide
maximum resources to meet those
challenges.
Mr. President, even the American For-
eign Service Association, which is not
supporting the pending substitute, has
had to concede that the problems which
I have just described do, in fact, exist.
For example, just last Monday, the sen-
ior officers of that association confirmed
to my Staff that over 120 to 150 Foreign
Service officers classes 1 and 2 are Per-
forming work lower than their grades.
They alleged that at least that number
tives, the Senate has a collegial role in the work of FSO-3 officers, though as-
the powers of the Presidency, particularly signed to nominal positions of FSO-1 and
in foreign affairs. FSO-2. They asserted, and the Depart-
These bills, S. 2986 and S. 3508, deal ment of State has confirmed, that since
with the conditions under which per- 1674, not a single FSO-1 and FSO-2 off-
sonnel for the Foreign Service will be cer has been selected out. For this rea-
selected, personnel who will participate son, FSO-3 and FSO-4 officers are
in the drafting of treaties, their imple-, actually doing the work of FSO-1 and
mentation and their nonimplementation. FSO-2 officers, according to the state-
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CONGRIE5SXONAIL RECORD -SIENAT3 -September 15, 1980
ments of the current leaders of the Amer- Mr. President, that is the testimony of
ican Foreign Service Association. Ambassador Briggs. He recommended a
The pending substitute would put a cut of 1 in 2. He suffered a cut of
speedy end to that unhappy and undesir- 5 out of 6. Yet, he welcomed the latter
able situation. cut as better for U.S. policy.
By requiring all positions to be classi- The point is that my bill would result
fled according to the universal standards in a reduction of 15 percent to 20 percent
of levels of difficulty of work, developed in quantity, but would result in higher
over 50 years by Federal classification ex- pay for better qualified, better educated,
perts, and by requiring periodic desk au- more dedicated personnel. working at
dits of these positions by the Office of jobs for which they are qualified.
Personnel Management, these abuses Its results would be eminently bene-
would end. Further, by requiring the Sec- ficial to the foreign policy position and
retary of State to report to the Congress the international standing of the United
periodically the numbers of officers as. States.
signed more than one position higher or Ambassador Briggs later went into
lower than their own grades, the Con- more detail on this topic in his book
gress could exercise its proper oversight "Anatomy of Diplomacy." There the Am=
over the personnel selected primarily to bassador says:
implement our foreign policies. The Foreign Service entered the decade of
A great deal has been made about the the 1960s with far too many people. The no-
additional costs of my bill. In fact, my bill tion that it takes scores of officials to man a
would provide savings by raising the single Embassy, and thousands and thou-
quality and reducing the quantity of
Foreign Service personnel. Under the
conditions set by my bill, at least 15 per-
cent and perhaps 20-percent Foreign
Service would prove to be redundant
within years.
X should like to remind the Senators
of the Judgment of that eminent career
Foreign Service officer and seven times
Ambassador, the Honorable Ellis Briggs.
In his book, "Farewell to Foggy Bottom",
Ambassador Briggs assails the overload-
ing of posts with nonessential personnel.
As one of many examples of super-
fluous personnel who in fact are obstacles
to efficient performance, Ambassador El-
lis Briggs narrated his experiences at the
American Embassy in Prague, Czeckoslo-
vakia.
When he arrived there, he found a staff
of 80. The Department asked his advice
as to how much he should cut the staff,
in light of the Communist seizure of
power in Prague. He recommended the
staff be cut by 50 percent, for a total of
40 persons.
Let me use Ambassador Brigg's words:
I recommended to Washington that my in-
herited complement of eighty Americans (al-
though microscopic by today's embassy stand-
ards) be reduced as a start, by one half.
That is to say, that the roster be cut from
eighty to forty . . .
After six months, and an expenditure of
effort on my part sufficient to have built,
singlehanded, a bridge across the 17itave
River. I had managed to reduce my over-
blown staff by two persons-from eighty
to seventy-eight.
At which point, the Communists, ignorant
of my hassle with Washington over person-
nel, and believing that they were doing the
American government in general and the
American ambassador in particular the
greatest possible disservice, suddenly declared
flve-sixths of the embassy personnel persona
non grata.
foreign affairs establishment, has proved in
post after post and country after country to
be nonsense-as the practitioners of diplo-
macy (in contrast to the planners and ad-
ministrators) have repeatedly testified. Nor is
this view of the efficacy of small staffs an
American heresy. A British diplomatist re-
cently declared that "forty years' foreign
service has taught me that in diplomacy
there is an inverse relationship between
numbers and performance.... The envoy's
a one-man task; double the team and the
results are halved."
What the optimum number of Foreign
Service Officers would be, given United States
responsibilities in a fast-changing world, is,
of course, not easy to say with precision. At
the moment, the figure probably falls around
twenty-five hundred, as against three thou-
sand seven hundred officers now .on the
roster.
Certainly with one thousand fewer officers
there still should be plenty of administrative
elbowroom to take care of vacations and
home leave, and to assign occasional officers
with special aptitudes or interests to the
study of esoteric languages, or to a univer-
sity for an advanced degree in a science rele-
vant to "emerging nations." The State De-
partment should still be able to fill its quota
at the postgraduate Government institutions,
which are more numerous than the public is
aware.
With one thousand fewer officers, the re-
quirements for substantive work could still
be met (two or three officers each, in the
political and economic sections will usually
suffice) and there would be ample talent
remaining for Deputy Chief of Mission, for
assistants to the Ambassador, for juniors be-
ing rotated through Embassy sections for ex-
perience, and for officers on loan to the propa-
gandists, the Intelligence community, the
military establishment, the aid operations,
and even the Peace Corps.
With one thousand fewer officers there
would still be an ample quota of Foreign
Service Officers to fill the "opposite number"
positions in the State Department (minus
those three hundred jobs "de-de
i
t
"
gna
s
ed
as
What do you think was the result, not suitable for the Foreign Service).
after the departure of 66 of the 80 em- With one thousand fewer officers, a brisker
bassy personnel at Prague? and more alert corps could be maintained,
Ambassador Briggs wrote as follows: without the,sloppiness that inevitably pene-
trates an organization that has to invent
It was an efficient embassy. it was prob- make-work projects-like the Comprehensive
ably the most efficient embassy I ever headed. Country Programming System of 1964-in
Our operation was compact. Our personnel order to con
i
v
nce the Congress, or the public,
was alert. We kept Washington accurately or itself, how quickly the ship of state would This substitute confuses the essential
informed of what was going on. Our work founder without extra hands to polish the differences between the Foreign Service
was accomplished with a minimum of fric- brasswork. and the Civil Service to the detriment of
tion and delay. In a world where international develop- both systems. For example, the sub-
ments seem to multiply themselves at an t
ever-increasing pace, it is fashionable to de-
clare that the personnel who suffice today
may be inadequate for tomorrow. That is
debatable, or at the least a matter for con-
tinuing study, which should start from the
premise that the roster of the Foreign Serv-
ice should be kept at the lowest possible fig-
ure consistent with getting the job done. That
should be coupled with a recruitment policy
that will provide a more even flow than here-
tofore of candidates entering the Foreign
Service and a tough but humane "selection
out" program that will permit the promotion
system to operate. ,
Mr. President, I reserve the remainder
of my time and I yield the floor.
Mr. PELL, addressed the Chair.
The PRESIDING OFFICER (Mr.
HxeLm). The Senator from Rhode
Island.
Mr. PELL. Mr. President, I have lis-
tened with interest to the proposals and
suggestions of my colleagues from North
Carolina. I know his interest in the bill,
and I have had an opportunity over the
weekend to go over his substitute.
But, after a careful examination of
both his substitute amendment and our
own proposal, I continue to urge my col-
leagues to support the proposed Foreign
Service Act of 1980, S. 3058.
This bill is an absolutely nonpartisan
measure. Remember, we started working
on it with Assistant Secretary Eaglebur-
ger under the Ford administration. It
has gained overwhelming support of Sen-
ators and Representatives who conducted
extensive hearings and markup sessions
during 1979 and 1980.
Mr. President, X urge my colleagues to
support the proposed Foreign Service Act
of 1980, S. 3058. This bill is a completely
nonpartisan measure which has gained
the overwhelming support of the Sena-
tors and Representatives who conducted
extensive hearings and markup sessions
during 1979 and 1980. S. 3058 is, with
some minor differences, identical to the
legislation which recently passed the
House of Representatives by a vote of
239 to 78. It should be noted that a sub-
stantial majority of each party voted in
favor of that legislation.
S. 3058 is the direct result of 5 years
of efforts initiated under the Ford ad-
ministration. It is a response to a 1975
congressional mandate calling for a
comprehensive plan for the improve-
ment and simplification of the Foreign
Service..
I believe this Senator played a role in
the development of -that comprehensive
plan and that congressional mandate.
My colleagues should take note of the
fact that three Secretaries of State-
Henry Kissinger, Cyrus Vance, and Ed-
mund Muskie-have all written in sup-
port of this legislation. '
In contrast, the Helms substitute has
never been vetted at any of the previous
stages of consideration including the
Senate Foreign Relations Committee
hearings-a committee upon which the
senior Senator from North Carolina so
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stitute, also, inappropriately applies a
civil service approach to the Foreign
Service promotion, assignment and clas-
sification systems.
The proposed application of civil serv-
ice classification standards to the For-
eign Service in the substitute would
drastically limit the flexibility needed by
the Secretary of State to meet worldwide
staffing needs.
Mr. President, the Helms substitute,
also, lacks a number of provisions con-
tained in S. 3058 which are necessary to
keep our Foreign Service strong and
vital. It fails to deal with important is-
sues concerning family members. It con-
tains no affirmative action or equal em-
ployment opportunity provisions. It has
none ? of the advanced provisions of
S. 3058 which deal with employee protec-
tions, labor management relations and
allowances-all of which have been so
laboriously developed, and were not in
the 1946 act.
Finally, Mr. President, the substitute's
15-percent tax-exempt salary supple-
ment and the increase in the retirement
multiplier from 2 percent to 2.5 percent
for each year of service would be enor-
mously costly. The other way to keep
these costs down would be to dramati-
cally reduce the size of the Foreign Serv-
ice. On that point, it should be noted that
the size of the Foreign Service has re-
mained constant since the early 1960's
despite an incredible increase in its re-
sponsibilities. To reduce the Service
would seriously damage U.S. interests
abroad.
In conclusion, Mr. President, I would
like to indicate that S. 3058 has the
strong support of the American Foreign
Service Association, which is the exclu-
sive elected employee representative for
all 11,000 members of the Foreign Serv-
ice in the Department of State and the
Agency for International Development.
If we are to continue to have the kind of
Foreign Service this Nation must have to
protect its interests abroad, the operat-
ing charter, personnel system, employee
protections and rewards which S. 3058
provides are essential. The Helms sub-
stitute contains a number of harmful
features, fails to emphasize the special
nature of the Foreign Service, and has
not had the benefit of either the full con-
sideration or the broad consensus which
S. 3058 enjoys.
Therefore, I urge my colleagues to re-
ject the proposed substitute.
Mr. President, I should like to read
into the RECORD a letter from Katherine
Keough, acting for the Family Liaison
Action Group (FLAG) :
DEAR SENATOR FELL: With the regard to
the hostage benefit amendment that senator
Helms is proposing to attach to the Foreign
Service Act:
"While FLAG is deeply grateful to Senator
Helms for addressing himself to a specific
benefit for the American hostages in Iran, we
feel that his proposal might better be in-
cluded as part of a separate compensatory
bill.
"We anticipate that such legislation would
address annuities, retirement and other fi-
nancial considerations. We, FLAG, would be
more than happy at an appropriate time in
the future to assist Senator Helms in the
drafting of such a bill which will be meaning-
ful to these hostages and their families.
"For the present FLAG would strongly
prefer to have senator Helms' support for a
swift enactment of the Hostage Relief Act
(S. 2852 and S. 2581) now rather than an
attachment to the Foreign Service Act. In
the future we will seek his creative personal
support and ideas as we begin to turn our
attention towards comprehensive, compen-
satory legislation."
We thank you for making our remarks
known to Senator Helms and others on the
Committee.
Mr. President, I yield the floor at this
point.
Mr. HELMS. Mr. President, how much
time do I have remaining?
The PRESIDING OFFICER. Ten min-
utes and fifty-eight seconds.
Mr. HELMS. I thank the Chair.
First of all, Mr. President, I want to
share with Senators a telegram I have
received from Mr. John Hemenway, for-
mer president of the American Foreign
Service Association, who says:
As past president of American Foreign
Service Association I urge support of Helms'
substitute (5-3058) and Bayh amendment
correcting injustices of grievance system
legislated in 1975.
Present AFSA leadership has acted ultra
vires-violating APSA by laws-pretending
consultation with membership when in fact
it merely has rubber-stamped provisions pro-
moted by cliques trying to manipulate foreign
policy through personnel practices.
It is signed "John Hemenway, 4816
Rodman Street, N.W., Washington, D.C.
20016."
Mr. PELL. Mr. President, will the Sen-
ator yield?
Mr. HELMS. I yield.
Mr. PELL. Is the Senator ac are of the
fact that Mr. Hemenway was fired as
president, by the process of recall, and
does not stand in .well with that organi-
zation? Because of that, I do not believe
he' speaks for the Foreign Service now.
Mr. HELMS. I understand what the
Senator is saying, but I point out that
there were an extraordinary 'number of
irregularities in that recall and that
matter is now in the courts. The ulti-
mate judgment will be made there.
In any case, Mr. President, I accept
fully the concept that the Foreign Serv-
ice has many similarities to the military
service.
It is precisely for that,reason that I
oppose the creation of a Senior Foreign
Service not based at all on the military
services but on the purely civilian model
introduced into the Civil Service Reform
Act of 1978. Thus, the claim that these
new Senior Foreign Service positions are
modeled on the flag positions of the
military is literally untrue. The present
system, which I should like to retain, was
in fact modeled on the pattern of the
Navy, as the legislative history of the
1946 act clearly and repeatedly shows.
The proposed Senior Foreign Service is a
direct assault on the military flag officer
model.
As to the confirmation system, the
Secretary of State has repeatedly as-
serted that positions abroad in fact are
now classified according to the objective
standards of the Office of Personnel
Management. If that is the' case, why
should this not be mandated by statute?
Certainly, those standards already pro-
vide for higher classifications for such
S12503,
factors as service abroad. The main dif-
ference between, my bill and present al-
leged policy is that congressional over-
sight would be improved because the Of-
fice of Personnel Management would
have a role in confirming the accuracy of
the classification, and the Secretary of
State would have a. furthe{ assurance
that congressional intent is being
honored.
But classification is an abstract func-
tion unless related to the actual assign-
ment of qualified personnel in the proper
grade and proper pay category. Foreign
Service personnel, as well as the tax-
payer, need to know that proper service is
given for salaries paid. My proposal, in-
corporated in the pending substitute, as-
sures that, by providing the congressional
oversight which is now lacking.
Correct classification is important for
Foreign Service officers, who hold rank-
in-person Commissions and compete for
promotion against each other. They need
to be assured that their performances are
rated objectively against the same stand-
ard. For example, a class 3 officer serving
in a position normally classified as class
2 but actually requiring services at a class
4 level would have unfair advantage over
all other colleagues of class 3. My pro-
posal would eliminate the possibility of
this danger by having the outside classi-
fication experts of the Office of Person-
nel Management review the classifica-
tions of all positions. Thus, the promo-
tion selection panels would be? able to
judge personnel records with greater
uniformity.
The charge that my proposal, by in-
cluding these provisions, does not provide
for a clear separation of the Foreign
Service and Civil Service is groundless.
These provisions are the universal provi-
sions of due process and equity. My pro-
posal does not in any way diminish any
of the real distinctions between Foreign
Service and Civil Service by providing
those elements which every fair career
system must have-in fact, it clarifies
and reinforces these real distinctions by
many other specific provisions which are
not in the other bill. .
Frankly, I am astounded that the State
Department now claims that my proposal
erodes the difference between the Foreign
and Civil Services by linking Foreign
Service grades to Civil Service grades.
But these linkages already exist by agree-
ment of the Secretary of State and OPM.
In fact, the pay increases of Foreign
Service personnel, as well as military per-
sonnel, are even now directly linked by
the Federal Pay Comparability Act of
1970 and the specific points of linkage
agreed to by the Secretary of State and
OPM. The difference is that, taking ac-
count of the pay study ordered by the
State Department and the complaints by
the American Foreign Service Associa-
tion and the American Federation of
Government Employees, I have incorpo-
rated into my bill a linkage system which
better correlates the actual pay of For-
eign, Service personnel to Civil Service
grades.
In fact, my proposal does the same in
principle for Foreign Service personnel
which Congress has just enacted for
military personnel, who this year will
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CONGRESSIONAL RECORD -SIENATIE September 15, 19.80
receive a higher pay adjustment than
Civil Service personnel. The only differ-
ence is that I am doing this systemat-
ically by permanent legislation rather
than ad hoc.
Here, too, I believe my proposal fur-
ther shows an acute awareness of the
similarities between the Foreign Service
and the military service, important sim-
ilarities to which the administration and
the committee bills are in fact inatten-
tive.
As to costs, my rebuttals to the State
Department computations already exist
in the Report No. 96-913, pages 247-269.
These pages show that my bill would not
cost more than the committee or admin-
istration bills. In fact, it would cost less.
The State Department has sought fur-
ther to confuse and obfuscate the pur-
poses of my proposal by pretending that
conflicts could arise because I have
sought to assure that Foreign Service
personnel have all the procedural pro-
tections and employee rights which Civil
Service personnel have.
I ask, Mr. President, how can this lead
to confusion? These Foreign Service per-
sonnel are Federal employees. Certainly
they should not have lesser rights, espe-
cially since they have assumed more
onerous and dangerous duties and objiga-
tions, duties even analogous to military
personnel.
As to the alleged protections afforded
Foreign Service employees in the com-
mittee bill, which is supported by the ad-
ministration, I feel obliged to emphasize
that these protections in fact are less
than currently provided in the Foreign
Service Act of 1946 as amended. The re-
peated detailed analysis of the harmful
report on members of the Foreign Service
Staff Officer Corps is but one example of
a major deprivation of existing protec-
tion and rights, in this case of clerical,
administrative and technical personnel.
The claim that my proposal gives the
Secretary of State the right to classify
positions in AID -and ICA is a total mis-
reading. The present Foreign Service
Act of 1946 as amended, makes it clear
that the term Secretary of State means
Administrator of AID and Director of
ICA whenever any actions are to be
carried out in those agencies. Since my
proposal amends the Foreign Service
Act of 1946 as amended, that distinc-
tion applies. Only the Administrator- of
AID would classify positions in AID;
only the Director of ICA would classify
positions in ICA.
In fact, as the testimony before the
Foreign Relations Committee shows, the
great concern is that the committee bill
erodes the integrity and independence of
AID and ICA and vests too much power
over them in the Secretary of State. My
proposal does not do that, but maintains
the existing status quo.
The PRESIDING OFFICER. The time
of the Senator from North Carolina has
expired.
Mr. HELMS. I thank the Chair.
The PRESIDING OFFICER. The Sen-
ator from Illinois is recognized.
Mr. PERCY. Mr. President, I oppose
the substitute offered by our dis-
tinguished colleague from North Caro-
lina. I do so for a number of reasons.
But, first, I point out that the Senate
once again is indebted to our distin-
guished colleague, and the members of
his staff, who I think is one of the most
dedicated, hardworking, and devoted
Members of the Senate and who many
times provokes us into forcing us to
think about what we are doing even
though we end up concluding that we
oppose it. They have rendered a very
valuable service because otherwise we
would not have had this debate; other-
wise, we would not have been forced to
go back and take a good hard look at
this act that has been hammered out
and either reaffirmed our support for it
or cause us to open our minds and see
whether or not there are fallacies in it
that should be corrected.
But to offer now at this stage a full
substitute as a bill I think, after the 15
months that we have spent exhaustively
studying this legislation, would be
wrong.
I think/that the distinguished Sena-
tor from North Carolina, who believes
deeply in the presence of the Senate
and the process of the Senate and knows
it about as well as any of whom- I know,
would fully take into account the fact
that his own colleagues who could not
have spent and have not spent as much
time as he has on this particular meas-
ure could now be expected to really
fully comprehend the nature of this
sweeping substitute and then override
and overlook the work that has been
done by committees in the House of Rep-
resentatives and in the Senate over a
period of many months.
If I had known that he intended to
make such an offer of a substitute, it
would have been my wish that it would
have been offered at the time that the
Committee on Foreign Relations, of
which he serves as a distinguished mem-
ber,. was marking up the bill so we
could have given it the kind of consid-
ered judgment that we in the Senate
have come to expect committees to do,
not that we turn to the committees and
have them do all our work for us, but
on the other hand it does give us the
benefit of having some Members con-
centrate on this particular activity.
Mr. HELMS. Mr. President, will the
Senator yield?
Mr. PERCY. I am happy to yield for
a comment.
Mr. HELMS. I thank my friend.
Mr. President, what he says is true.
I did not offer it formally, as the Sena-
tor from Illinois has said, but I did
make it available to every member of
the committee and staff at that time.
It so happened I was in a markup of a
bill in the Agriculture Committee, of
which I am ranking minority member, so
I could not be there to do it formally,
but I did in good faith make it available
to every member of the committee and
all staff members. I thank the Senator.
Mr. PERCY. I appreciate the ex-
planation.
Mr. President, I wish to speak in sup-
port of the Foreign Service legislation
as reported by the Foreign Relations
Committee and against the substitute
proposed by my colleague from North
Carolina.
On the one hand, the Senator says
that the Foreign Service "is essentially
an elite service that differs fundamen-
tally from the civil service," while ac-
tually his substitute would adopt many
significant features of the civil service
system.. He prefers aspects of the civil
service relating to promotions and as-
signments, which are` generally believed
to be unsuited to the Foreign Service,
while rejecting features of the civil
service-such as a senior service and
performance pay-which make good
sense for the Foreign Service as well.
The substitute addresses some long-
standing problems of the Foreign Serv-
ice, such as pay comparability; but says
nothing about a range of other issues
which ought to be addressed, and which
are addressed in the bill reported by
the committee. The effect of his legisla-
tion would seem to be to consolidate the
Foreign Service as a branch of the civil
service without regard to the unique
requirements, as well as the special
identity and spirit, of the Foreign Serv-
ice. As one who has respect for the civil
service and who spent many, many
hours' on the civil service reform bill
which is now law, I simply do not see the
rationale for such an approach to the
Foreign Service.
Furthermore, Mr. President, it seems
to me that a bill which would affect the
Foreign Service in such a profound. way
should be the subject of extensive re-
view. Members of the administration,
the Congress and the Foreign Service
itself should have a chance to debate
such a course of action thoroughly and
to assess the impact of its provisions on
the basis of careful study. It is not clear,
therefore, why the substitute is proposed
at this late hour. The bill reported by
the Foreign Relations Committee has
been before us for over a year and was
the subject of a number of hearings and
markup sessions in committee. It was
discussed extensively within the admin-
istration and within the Foreign Service
itself and has the strong support of
both. A. similar bill was carefully formu-
lated by two committees of the House
and passed that body a week ago by a
vote of 239 to 78.
Mr. President, all of the issues raised
by Senator HELMS were before the com-
mittee, of which he is an able and active
member, yet he did not propose his sub-
stitute during the markup. The effect of
accepting it now would be to end all pros-
pect of Foreign Service legislation this
year, since it would certainly have to be
referred to other committees. We would
therefore have to begin all over again
in the next Congress and delay still fur-
ther many changes in the Foreign Service
system which are already long overdue.
Mr. President, some of my colleagues
of the minority may feel that they would
like to defer the resolution of some issues
to the next administration and the next
Congress, but, Foreign Service reform is
not a partisan issue. We all-regardless
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of party want to see an effective, supe-
rior-quality Foreign Service capable of
executing a coherent, consistent foreign
policy, and the differences between the
substitute and the committee bill are not
political.
I see nothing to be gained from post-
poning action on a carefully developed
bill such as the one reported out by the
Foreign Relations Committee. Almost all
of its provisions have been exhaustively
reviewed-and in some cases painfully
negotiated-over a period of years, with
results which are likely to be very similar
under any administration. It will always
be open to us to make further adjust-
ments in the Foreign Service system as
time goes on. But the overwhelming con-
sensus seems to favor building upon the
separate, specially designed Foreign
Service which has been developed over so
many years.
Whatever problems of recruitment, ad-
ministration and morale the Service may
now.have, they are not likely to be im-
proved by a proposal to make the Foreign
Service so similar to the civil service. And
in failing to address a number of other
features of the committee bill, this sub-
stitute is simply not adequate to its own
professed objective of streamlining and
reforming the Foreign Service.
I urge my colleagues to vote against
the substitute and to retain S. 3058 as re-
ported by the Foreign Relations Com-
mittee..
The -American Foreign Service Associ-
ation which is the elected exclusive rep-
resentative of all 11,000 AID and State
foreign service persons that has en-
dorsed the Foreign Service Act of 1980
indicated that about 15 months scrutiny
by concerned congressional committees
has been given to the pending bill, in-
cluding many people who have cared to
testify worked to fine tune the legislation,
to preclude political abuse, to protect the
rights of individual employees, and to
strengthen the professional service.
They furthermore pointed out that
60 hours of hearings by the House For-
eign Affairs and Post Office and Civil
Service Committee which considered
every ene of 400 suggested changes can-
not be disregarded.
The House of Representatives ap-
proved the bill by an overwhelming vote
of 239 to 78, including the majorities of
both parties.
To at this stage then feel that it
would be profitable to make a sweeping
substitute and have any chance of this
legislation being enacted in this Con-
gress I think would be to ignore the fact
that the clock is running, time is running
out, and really in a sense the adoption of
this substitute would kill the bipartisan
support that has been working mightily
toward civil service and Foreign Service
reform and improvement which would
provide, and the present bill before us
does provide, a comprehensive review of
the Foreign Service and assures excel-
lence in our first lines of defense.
In addition to this, members of the
administration, State Department, Mem-
bers of Congress, and the Foreign Service
itself, have given a tremendous amount
of thought and time to the pending leg-
islation and have contributed immeas-
urably to the bill before us.
It is, therefore, I think, extraordinarily
difficult to give the full kind and careful
consideration that should be given to
the proposal by the distinguished Sena-
tor from North Carolna, and I for one
could not support in any way a substi-
tute for the present bill.
Al of the issues raised by Senator
HELMS were actually issues that were be-
fore the committees of both the House
of Representatives and the Senate.
Though he did have a conflict in
scheduling at that time and there was
important legislation affecting all of us
before the Agriculture Committee, this
is a matter that I think would have re-
quired a good deal of careful thought
before we could certainly adopt the sub-
stitute.
Mr. President, I wish to take just one
aspect of the substitute bill before us
which would, I think, vitally affect the
performance and service and indicate
that I could, as the distinguished Sena-
tor from Rhode Island knows, certainly
not support the substitution of a pay in-
crease automatically across the board for
performance bonuses.
I do feel that the performance bonus
system that has been worked out in civil
service and in civil service reform is an
extraordinarily good feature of this leg-
islation.
At this time, however, I wish to refer
to a letter that I have received from Mr.
Alan K. Campbell, Director of the Office
of Personnel Management with whom we
worked over a period of many months,
in fact over a year, on civil service re-
form itself. The letter reads as follows:
As the Senate nears floor action on S. 3058,
"The Foreign Service Act of 1978," I would
like to. note my continued strong support
for this legislation which I believe will be
highly beneficial to the Foreign Service.
Since early in 1979 when OPM became
heavily involved with .the Department of
State in advising it during the formulation
of the Administration's proposal, we have
been enthusiastic about many of the features
of this legislation which opens new oppor-
tunities for flexibilities in the management
of the Foreign Service personnel system. Key
to this forward looking legislation is the
Senior Foreign Service with its opportunities
for rewarding outstanding performance. We
are also very happy with the bill's clear
delineation of those positions which are ap-
propriately under the Foreign Service per-
sonnel system.
The Senate report on S. 3058 carries the
additional views of senator Helms along with
the substitute measure which he is sponsor-
ing. Although Senator Helms has the good
of the Foreign Service in mind, I must take
issue with his proposal because of several
features which I believe to be unsound from
the standpoint of Federal personnel policy.
Section 3 of Senator Helms' bill, S. 2986.
provides, in a revised section 413 of the For-
eign Service Act of 1948, an additional lump
sum payment to each member of the Foreign
Service equal to 15 percent of the basic salary
for such member within the limits of $2,500
and $7,500. The bill would further exempt
this lump sum payment from taxation.
I strongly disagree with this concept. First,
Senator Helms would offset the expense of
this provision by deleting the Senior Foreign
Service performance pay provisions. It is
obvious to those of us who have studied and
worked with compensation systems that re-
wards should go with performance. Senator
S22505
Helms, in deleting the performance award
system proposes a step backward in the prog-
ress toward pay-for-performance which is to
be found under the Civil Service Reform Act,
passed overwhelmingly by the Senate, and
section 405 of S. 3058.
Further, there is no reason to believe that
the added bonus would accomplish anything
constructive in struggling with the problem
of members of the Service who are reluctant
to go overseas. Senator Helms explains in the
committee report that "by providing the 15
percent tax-exempt incentive, it would
reduce the resistance of married personnel to
accept foreign assignments . . ". There can
be no such direct effect from a bonus which
goes to all members, without regard to their
willingness to move to "undesirable" posts.
The proposal would simply raise the level of
compensation without a return benefit to the
Government. Members of the Foreign Service
receive post differentials provided under title
5, U.S.C., which are meant to compensate for
the difficulties in recruiting at hardship
posts. These differentials would be increased
under S. 3058 and the House passed bill.
Section 6 of Senator Helms' bill would
revise the retirement formula to increase the
annuity of members of the Service from the
current 2 percent for each year of service to
21/2 percent. The bill would apparently pro-
vide this increased computation benefit to
all service so that those retiring immediately
after the Act's passage wogid receive a wind-
fall from the bill despite the knowledge that
Senator Helms apparently does not intend
that the increased benefit apply to service
prior to the enactment date.
I do not find Senator Helms' analogy be-
tween the Foreign Service and the FBI and
Air Traffic Controllers valid. The present com-
putation of retirement for members of the
Foreign Service already exceeds the normal
Civil Service computation. The special com-
putation provided for Air Traffic Controllers
and other special occupations in which early
retirement has been mandated, is meant to
adjust the annuity to a normal level in the
face of a career which is curtailed at a point
of service which would otherwise provide an
inadequate annuity. The increased computa-
tion in Senator Helms' bill for members of
the Foreign Service is unnecessary. They do
not normally have early retirement. Also, the
House passed version of the Foreign Service
bill raises the mandatory retirement age to
65, which indicates a trend toward longer
service, rather than early retirement.
I have not touched on all of my concerns
with Senator Helms' bill, but have indicated
some of my primary concerns. I urge the
Senate to move ahead on its consideration
of S. 3058. Thank you for the consideration
of my comments.
I have provided a similar letter to Senator
Fell.
Sincerely yours,
ALAN K.
CAMPBELL,
Director.
That ends the quotation I would like
to read at this time. I certainly concur
with Mr. Campbell.
At this time I would like to mention
to my distinguished colleague from
North Carolina that the Governmental
Affairs Committee worked for well over
a year on civil service reform. We held
hearings in Washington for many, many
days.
The Senator from Illinois, knowing
the deep effect this had upon millions
of the Federal employees, recognized
that one of the most important things
we could do in the Senate to restore the
faith of the American people in their
Government was to find a way to orga-
nize the personnel system so that there
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was a responsiveness somewhat closer to
the private sector, because the perform-
ance and productivity in Government
have been dismal in many, many re-
spects.
The Senator from Illinois held three
separate hearings in different parts of
Illinois. Director Campbell came to Il-
linois, other members of the Civil Serv-
ice Commission came and testified.
We had as witnesses many past re-
gional directors of many different serv-
ices who testified as to their utter frus-
tration, their disappointment, their dis-
illusionment, their inability to get any-
thing done. They could not fire people;
many times they could not hire people.
They could not reward.
There was a uniformity of pay re-
gardless of performance that just, in a
sense, as one of them said, "drove me
right up the wall. I finally just had to
get out. I could not perform the func-
tion that was expected of me under the
personnel practices of the Federal Gov-
ernment."
So the months and months we put into
the Civil Service Reform Act were the
culmination of those frustrations.
There was bitter opposition' many
times, and there were several services
that wished exemption from them. The
Foreign Service said, "We are differ-
ent. We should not really come, of
course, under the same type of regula-
tions and modifications and changes."
The Intelligence services said they
wanted to be exempt. The Export-Im-
port Bank was exempt.
Yet now it is a strange thing but all
of them are coming back petitioning
Congress to include many of those re-
forms in the personnel practices that
govern them.
For instance, the subject of bonuses is
one we all well understand. We would all
like to believe that every person will al-
ways give as much to his job as he is
capable of giving, that he has always had
the support of his family for an out-
standing job, and that money was not.
what motivated ' them. That is what we
used to talk about respecting teachers
years ago, until I finally went to Presi-
dent Eisenhower in exasperation and
said, "There is no way, in my judgment,
,to get enough teachers in this country
unless we compensate them as much as
we do bricklayers-maybe not as much,
but get up there somewhere."
We began a program in the fifties of
elevating teachers' salaries and giving
them a sense of dignity and giving them
a job that people would really seek, that
parents would recommend their children
take.
The same thing is true in Government
service, and this is where the bonus sys-
tem, which has worked so well in the
private sector, comes into play. It works
well in Ford Motor Co., it has worked
well over the past in duPont; it has
worked well in General Electric; and it
has worked well in the company I knew
something, about, Bell & Howell Co.,
for years, 18 years, when I had the duty
to administer our executive compensation.
program.
I had an opportunity to see the effect
on families and individuals of being able
to say at the end of the year, "We will
now evaluate all of our key personnel and
executives based on performance to
see whether or not their salary fully
compensated them or whether they went
beyond the call of duty and should be
fully rewarded."
It was that selection process. It was
sitting down with that individual, it was
having that individual have to go home
and say, "I didn't make it this year, I am
outside the bonus system," and then ex-
plain it to his family because last year
he might have been given $3,000, $4,000,
$5,000, $6,000, at the end of the year or a
person going home and saying, "I know,
dear, I have been gone many nights, I
have traveled weekends, I worked hard,
but here is the $6,000," or $8,000 or what-
ever it may be, "to help our children get
an education, and that extra work has
been worthwhile."
The difference in approach that a fam-
ily takes when they see that the com-
pany cares about them is what I am
speaking about. The, same thing is now
true in the Federal Government. For the
first time in the history of our Federal
service we are able to evaluate and have
given the power to supervisors to render
judgment as to whether compensation
has been adequate for the performance
of an individual.
When two individuals sit side by side
and one exerts 150 percent of his energy
and one exerts 35 percent of his energy,
at the end of the year they both may be
getting the same compensation, at the
end of the year to be able to take that
150-percent performer and really reward
him, that makes a difference.
That is why this last month not only
has the Foreign Service said they would
like to come under this reward system,
but also the intelligence services have
petitioned, and the Export-Import Bank
has,come in and said, "We cannot hold
our people. They are now going to the
senior service that rewards them ade-
quately."
The word is getting around that an
outstanding performer really even in the
Federal Government can now be re-
warded and compensated, and it is not
just the money. It is the fact that it has
become a symbol in our society of out-
standing performance.
So again I say in that one area, and
this is why I think Dr. Campbell feels
so strongly, we ought to be able to offer
to the Foreign Service now that extra
incentive for outstanding work because
we all know people do not perform uni-
formly. They are all a composite of inner
drives, and one of those drives that is
ours is the fact that we may be rewarded,
we may be recognized for what we have
done, in addition to our good will in
wanting to do the best job possible.
For that and a number of other rea-
sons, I will regretfully oppose the sub-
stitute and ask our colleagues to support
the committee bill.
Again I wish to also commend our
distinguished colleague for the thought-
ful way he has approached this problem.
It is one of the big problems we have
faced, he has provoked us into thinking
there my be better ways of doing it. Cer-
tainly if there are better ways, the Sen-
ator from Illinois will always, just as we
have this year now begun the reform of
the civil service reforms passed a year
ago, be looking at it not as set in con-
crete but as a moving, going thing, an
entity that is so important that we must
constantly find ways to improve it.
I do not overlook the fact that there
is a body of support now among some
personnel who would support the sub-
stitute, but I think overwhelmingly, as
has been pointed 'out in the American
Foreign Service Association release to
us, is the fact that they do represent ex-
clusively 11,000 AID and State Depart-
ment Foreign Service personnel, and
they have endorsed the Foreign Service
Act of 1980.
They do point out that a worldwide
survey of 283 posts in 114 countries shows
that the people of the Foreign Service in
that survey overwhelmingly supported
the bill, and if we have any chance of
passage of this reform, we would have to
enact the committee bill and not the sub-
stitute.
The PRESIDING OFFICER. The Sen-
ator from Rhode Island has 2 minutes
remaining.
Mr. PELL. I know the Senator from
North Carolina would like an oppor-
tunity to rebut, so I will yield my 2
minutes to him.
Mr. HELMS. I thank the distinguished
Senator for his courtesy, and I will not
require the entire 2 minutes.
Mr. President, the distinguished Sen-
ator from Rhode Island mentioned as a
disadvantage to my substitute the fact
that it does not address the grievance
procedure.
I art perfectly willing to modify my
amendment along the lines of the Bayh
bill (S. 2712) on grievance procgdures
which has already passed the Senate
twice.
I ask, with the Senator's indulgence,
that the Bayh bill be added at the con-
clusion of my pending substitute, and I
have been informed by Senator BAYH'S
staff that the Senator from Indiana is
agreeable to this procedure.
The PRESIDING OFFICER. The Sen-
ator has the right to modify his amend-
ment.
Will he please send the modification
to the desk?
Mr. HELMS. I so do.
The PRESIDING OFFICER. The clerk
will report.
The assistant legislative clerk read as
follows:
At the end of the HELMS amendment,
UP 1573, add the following modification:
Mr. HELMS. Mr. President, I ask
unanimous consent that further read-
ing of the modification be dispensed
with, and I thank the Chair.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The modification is as follows:
At the end of the pending amendment,
add the following:
SEC. 10. Delete sections 691 through 695
of the Foreign Service Act of 1946 and insert
In lieu thereof the following:
Chapter 11.-GRIEVANCES
SEC. 691. DEFINITIONS; APPLICABILITY:
(a) (1) Except as provided in paragraph (2),
for purposes of this chapter, the term
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"grievance" means any act, omission, docu-
ment, or condition which is a source of con-
cern or dissatisfaction to a member of the
Service who is a citizen of the United States
or to an exclusive representative and which
is subject to the control of the Secretary
or the Secretary of State (or both) and
relates to terms and conditions of employ-
ment, including, but not limited to-
(A) separation of the member allegedly
contrary to laws or regulations, or predi-
cated upon alleged inaccuracy, omission,
error, or falsely prejudicial character of in-
formation in any agency record concerning
the member;
(B) other alleged violation, misinterpreta-
tion, or misapplication of any, applicable
law, regulation, or published policy ad-
versely affecting the career, reputation, fi-
nancial condition, or terms and conditions
of the employment or career status of the
member;
(C) allegedly wrongful disciplinary action
taken or likely to be taken 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 any agency record concerning the mem-
ber which is or could be prejudicial to the
member;
(F) any action which is alleged to be in
the nature of reprisal, or interference with
freedom of action in connection with par-
ticipation by the member in procedures
under this chapter or in connection' with
the making of any disclosure or submission
described in section 105(b)(2). (b)(3), or
(c (G) any alleged denial of basic due
process;
(H) any claim Involving the effect, inter-
pretation, or breach, of any collective bar-
gaining agreements; and
(I) alleged denial of an allowance, pre-
mium pay, or other financial benefit to which
the member claims entitlement under appli-
cable laws or regulations.
(2) (A) Subject to subparagraph (B) of
this paragraph, the term "grievance" does not
include, for purposes of this chapter, the
judgment of a selection board established
pursuant to section 602, a tenure board
established pursuant to section 306(D), or
any other equivalent body established pur-
suant to law or regulation which similarly
evaluates the performance of members of the
Service on a comparative basis.
(B) Notwithstanding subparagraph (A),
the term "grievance" shall include a claim
that a judgment described in subparagraph
(A)-
(i) was based on any prohibited personnel
practice described in section 2302(b) of title
5, United States Code;
(fi) was based on or constitutes falsely
prejudicial information; or
(111) was not made in accordance with law,
rule, or regulation.
(b) For purposes of this chapter, the term
"exclusive representative" means a labor or-
ganization which is accorded exclusive recog-
nition under chapter 10.
(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. When used in
this chapter, the term "Secretary" shall refer
to the head of a department or agency listed
In this subsection.
SEC. 692. GRIEVANCES CONCERNING FORMER
MEMBER.-Within the time limitations of
section 1104, a former member of the Service
or the surviving spouse, former spouse, or
another member of the family of a deceased
member or former member of the Service
may file a grievance under this chapter.
SEC. 693. FREEDOM OF ACTION.-(a) Any
person filing a grievance under this chapter
(hereinafter in this chapter referred to as the
"grievant"), and any witness, labor organi-
zation, or other person involved in a griev-
ance proceeding, shall be free from any re-
straint, interference, coercion, harassment,
-discrimination, or reprisal in those proceed-
ings or by virtue of them.
(B) (1) Any grievant has the right at
every stage of the proceedings to a reason-
able number of representatives of his or her
own choosing. An exclusive representative
shall have the right to appear and present
its views during any grievance proceeding.
(2) 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.
(c) Any witness who is a member of the
Service or employee of the Department shall
be granted reasonable periods of administra-
tive leave to appear and testify at any pro-
ceedings under this chapter.
(d) (1) No record of-
(A) a deterination by the Secretary to re-
ject a recomendation of the Foreign Serv-
ice 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 Griev-
ance Board as a remedy for the grievance) or
those of any other individual connected with
the grievance.
(2) The Department shall maintain records
pertaining to grievances under appropriate
safeguards which are necessary to ensure
confidentiality, in accordance with section
1108(d).
(3) The Foreign Service Grievance Board
may enforce compliance with the require-
ments of paragraphs (1) and (2).
(e) The Department shall expedite se-
curity clearance procedures whenever neces-
sary to assure a fair and prompt investiga-
tion and resolution of a grievance.
SEC. 694. TIME LIMITATIONS. -(a) A griev-
ance 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, except that in the case
of any grievance arising before the date of
the enactment of this Act, the grievance shall
be so barred, and not so considered and re-
solved, unless it is filed within 2 years after
such date of enactment. There shall be ex-
cluded from the computation of any such
period any time during which, as determined
by. the Foreign Service Grievance Board, the
grievant was unaware of the gronds for the
grievance.
(b) If a grievance is not resolved under
Department procedures (which have been ne-
gotiated with the exclusive representative,
If any (within sixty days after it is filed
with the Department, a grievant shall be
entitled to file a grievance with the Foreign
Service Grievance Board for its considera-
tion and resolution.
SEC. 695. FOREIGN SERVICE GRIEVANCE
BOARD-(a) There is established the For-
eign Service Grievance Board (hereinafter In
this chapter referred to as the "Board"). The
Board shall consist of no fewer than 12
members, who shall be appointed under
subsection (b).
(b) (1) The Members of the Board shall be
appointed by the Secretary of State from
individuals nominated under paragraph (2)
and approved In writing by the exclusive rep-
resentative for each agency to which this
chapter applies and each such agency which
has such an exclusive representative. Each
member of the Board shall be appointed
S 12507
for a term of 2 years, subject to renewal with
the same written approvals required for ini-
tial appointment. In the event of a vacancy
on the Board, an appointment for the un-
expired term may be made by the Secretary
of State in accordance with the procedures
specified in this section.
(2) Each appointment made by the Secre-
tary of State under paragraph (1) shall be
made from a written list of candidates sub-
mitted to the Secretary of State by any or-
ganization which is composed primarily of
Individuals who are experienced in the ad-
judication or arbitration of personnel mat-
ters.
(3) An individual shall be eligible for
appointment as a member of the Board only
if such individual-
(A) is not a current or former employee
of the Department or a current or former
member of the Service, or is not performing
and has not previously performed services
for the Department or Service (other than
as a member of the Board) ;
(B) has the demonstrated ability, back-
ground,. training, and experience necessary to
be especially qualified to serve as a member
of the Board; and
(C) demonstrates a capacity and willing-
ness to devote sufficient time to service as
a member of the Board in order to enable
the Board to dispose of cases under this
chapter in a timely manner.
(c) (1) A member of the Board may be
removed from the Board-
(A) by majority vote of the members of
the Board (other than the member who is
the subject of the proposed action of re-
moval); and
(B) only for inefficiency, neglect of duty,
or malfeasance in office.
(2) Any member of the Board who Is the
subject of any proposed action of removal
under this subsection shall be given notice
and opportunity for a hearing before the
Board prior to any vote of the members of
the Board under paragraph (1) (A). Each
agency and each exclusive representative
shall 'be given the right to appear at the hear-
ing and present its views. The Board may dis-
pense with the opportunity for a hearing
only upon the submission of a written waiver
of the hearing to the Chair by the member
subject to the proposed action.
(d) Each member of the Board who is not
otherwise employed by the United States
Government shall receive compensation at
a rate equal to the daily rate payable for
GS-18 under the General Schedule under sec-
tion 5332 of title 5, United States Code, in-
cluding traveltime, for each day such mem-
ber is engaged in the actual performance of
duties as a member of the Board.' A mem-
ber of the Board who is an officer or em-
ployee of the United States Government shall
serve without additional compensation. All
members of the Board shall be entitled to
travel expenses and .per diem allowances in
accordance with section 5703 of title 5,
United State Code.
(e) The members of the Board shall select
from among the members of the Board a
Chair who shall be the chief executive and
administrative officer of the Board.
(f) The Board may obtain facilities, serv-
ices, and supplies through the general ad-
ministrative services of the Department of
State. All expenses of the Board, including
necessary costs of the travel and travel-re-
lated expenses of a grievant, shall be paid
out of funds appropriated to the Depart.
ment for obligation and expenditure by the
Board. At the request of the Board, em-
ployees of the Department and members of
the Service may be assigned as staff em-
ployees for the Board. Within the limits
of appropriated funds, the Board may ap-
point 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
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solely to the Board, and the Board shall 'pre-
pare 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 safe-
guards necessary to ensure confidentiality, in
accordance with section 1108(d).
SEC. 696. BOARD PROCEDURES: (a) Pro-
cedures for the resolution of grievances in
accordance with the purposes of this chapter
shall be established by an agreement between
the exclusive representative for each agency
to which this chapter applies and each such
agency which has an exclustive representa-
tive.
(b) Subject to any terms of an agreement
under subsection (a), 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 represent.
ative), and the representatives of the De-
partment are entitled to be present at the
hearing. Unless the grievant requests other-
wise, such hearings shall be open to public
observation, except that the Board may, af-
ter considering the views of the parties and
any other individuals connected with the
grievance, decide that a hearing should be
closed to public observation because the pub-
lie interest so requires. Testimony at a hear-
ing shall be given under'oath or a.i irmation.
which any Board member or individual desig-
nated by the Board shall have authority to
administer.
(3) Each party shall be entitled to exam-
ine and cross-examine witnesses at the hear-
ing or by deposition and to serve interroga-
tories upon another party and have such in-
terrogatories answered by the other party
unless the Board finds such interrogatory ir-
relevant, immaterial, or unduly repetitive.
Upon request of the Board, or upon a request
of the grievant deemed relevant and mate-
rial by the Board, an agency shall promptly
make available at the hearing any witness
under its control, supervision, or responsibil-
ity, except that if the Board determines that
the absence of such witness from the hear-
ing would not impair the presentation of the
grievance or lessen the Board's assessment of
credibility, the witness may be made avail-
able by deposition. If the witness is not made
available in person or by deposition within a
reasonable time as determined by the Board,
the facts at issue shall be construed in favor
of the grievant. Necessary costs and travel
expenses shall be paid by the agency.
(4) During any hearing held by the Board,
any oral or documentary evidence may be re-
ceived, but the Board may exclude any ir-
relevant, immaterial, or unduly repetitious
evidence.
(5) A verbatim transcript shall be made of
any hearing and shall be part of the record
of proceedings.
.(6) The Board shall afford to each party
the opportunity to review and to supple-
ment, 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 proceed-
ings.
(7) The Board may act by or through pan-
els or individual members designated by the
Chair, except that hearings within the con-
tinental United States shall be held by pan-
CONGRESSIONAL RECO
D-SENATE September 15, 1980
ela of at least three members unless the par-
ties agree otherwise.
The Board shall act through panels of at
least 3 members in any grievance regarding
any agency which has an exclusive repre-
sentative. Members of any such panel shall
be designated by the Chair for a fixed period
of time and shall be approved in writing by
the agency and the exclusive representative.
References in this chapter to the Board shall
be considered to be references to a panel or
member of the Board where appropriate.
(8) If the Board determines that the De-
partment is considering any action which is
related to a grievance pending before the
Board and that such action should be sus-
pended, 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 func-
tions if such exclusion -is determined in writ-
ing to be essential to the functioning of the
post or office to which the grievant 1s as-
signed.
(9) The Board may reconsider any decision
upon presentation of newly discovered or
previously unavailable material evidence or
if the Board otherwise' considers it war-
ranted.
(c) The provisions of this section shall not
be considered to authorize disclosure of any
information by any agency or any person
which is, in the interest of national defense
or the conduct of foreign affairs, specifically
prohibited from disclosure by any other pro-
vision of law or specifically required by Ex-
ecutive order to be kept secret.
SEC. 697. BOARD bEC1SIONS. (a) Upon com-
pletition of its proceedings, 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 de-
cision of the Board.
(b) If the Board finds that the grievance
is meritorious, the Board may order the De-
partment-
(1) to reinstate the grievant, and to grant
the grievant back. pay in accordance with
section 5596(b) (1) of title 5, United States
Code;
(2) 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 sec-
tion 7701(g) of title 5, United States Code;
and
(3) to take any other remedial action that
the Board deems appropriate:
(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) (1) If the Board finds that-
(A) the grievance is meritorious and orders
that remedial action be taken that relates
directly to promotion or assignment of the
grievant, or
(B) the evidence before it warrants disci-
plinary action against any employee of the
Department or member of the Service,
it shall make an appropriate recommenda-
tion to the Secretary of State.
(2) The Secretary of State shall make a
written decision on the recommendation of
the Board within thirty days. after receiving
the recommendation: The Secretary of State
shall implement the recommendation of the
Board except to the extent that, in a de-
cision made within the 30-day period, the
Secretary of State rejects the recommenda-
tion in whole or in part on the basis of a de-
termination that implementation pf the rec-
ommendation would adversely affect the
foreign policy or national security of the
United States. If the Secretary of State re-
jects the recommendation in whole or in
part, the rejection. shall fully state the rea-
sons therefor and shall be signed personally
upon oath or affirmation by the Secretary
of State, with a copy thereof furnished the
grievant or the grievant's representative.
(3) Pending the decision of the Secretary
of State under paragraph (2), there shall be
no ex parte communication concerning the
grievance between the Secretary of State and
any person involved in the proceedings of the
Board. The Secretary of State shall, however,
have access to the entire record of the pro-
ceedings of the Board.
SEC. .698. ACCESS TO RECORDS.-(a) if a
grievant is denied access to any written in-
formation in the custody or available to
the agency (hereinafter in this section re-
ferred to as "agency record") prior to or dur-
ing 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 fol-
lows:
(1) (A) The Board shall request access to
any agency record which the grievant re-
quests 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 deter-
mines 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 Secretary of State
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. Any such certification shall
be fully documented with the reasons there-
for and shall be signed personally upon oath
or affirmation by the Secretary of State, with
a copy thereof furnished the grievant or the
grievant's representative. If such a certifica-
tion is made with respect to any record, the
agency shall supply to the Board a sum-
mary or extract of such record unless the
reasons specified in the preceding sentence
preclude such a summary or extract.
(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.
Any material furnished to the Board shall
be furnished to the grievant or the grievant's
representative at the same time. Whenever
the furftishing of a personnel record or any
other material may conflict with a regula-
tory or statutory provision protecting privacy
or confidentiality the record shall be fur-
nished promptly to the grievant or the griev-
ant's representative only upon a certification,
signed personally upon oath or affirmation,
that the information contained therein will
not be disclosed outside of the grievance
proceedings. No employee of the Department
participating in a proceeding on behalf of
the Department shall disclose any Informa.
tion concerning a grievance to anyone not
involved in the grievance proceedings. Viola-
tions of this section may be brought to the
attention of the Board for appropriate ac-
tion.
(e) If the Department fails to furnish to
the Board any agency record promptly upon
request, the Board shall construe the facts
at issue In favor of the grievant if the Board
determines the agency record may be rele-
vant or material to the grievance. Consistent
with the objective of expediting the resolu-
tion of grievances, the Board may make such
a construction even if the agency record is
submitted, if it was not submitted promptly
after it was originally requested.
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September 15, 1980 . CONGRESSIONAL CORD- SIENA']I IE S 12509
(f) The grievant In any case decided by
the Board shall have access to the record of
the proceedings and the decision of the
Board. The Board shall furnish the grievant
or the grievant's representative with a copy
of the record of the proceedings and the deci-
sion in any case considered by It.
SEC. 699. RELATIONSHIP TO OTHER REME-
DIES.-(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 1208 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, res-
olution, and relief under chapter 12 of title
5, United States Code, or a regulation or Ex-
ecutive order other than under this chapter.
Except as provided in subsection (c), such
an election of remedies under this section
shall be final upon the acceptance of ju-
risdiction by the Board.
(c) An election to raise a matter under
grievance procedures in no way prejudices
the right of an aggrieved party to request the
Merit Systems Protection Board to review
the final decision of the Grievance Board or
to request the Equal Employment Opportu-
nity Commission to review a final decision in
any matter involving a complaint of dis-
crimination of the type prohibited by any
law administered by the Equal Employment
Opportunity Commission.
(d) Nothing in this act shall extinguish or
lessen any right or remedy, including the
right to trial de novo, of an employee or ap-
plicant for employment under-
(1) section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16), prohibiting dis-
crimination on the basis of race, color, reli-
gion, sex, or national origin;
(2) sections 12 and 15 of the Age Discrimi-
nation in Employment Act of 1967 (29' U.S.C.
631, 633a), prohibiting discrimination on the
basis of age;
(3) under 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) section 501 of the Rehabilitation Act of
1973 (29 U.S.C. 791), prohibiting discrimina-
tion on the basis of handicapping condition;
or
(6) the provisions of any law, rule, or reg-
ulation prohibiting discrimination on the
basis of marital status or political affiliation.
SEC. 700. JUDICIAL REVIEW.-Any aggrieved
party may obtain judicial review of a final
action on any grievance in the district courts
of the United States in accordance with the
standards set forth in chapter 7 of the title
6, United States Code. Section 708 of title 5,
United States Code, shall apply without lim-
itation or exception.
CONFORMING AMENDMENTS
Page 5, in the item relating to section 1101,
strike out "Definition of grievance" and in-
sert in lieu thereof "Definitions; applica-
bility".
Page 17, line 3, strike out "section" and in-
sert "Act".
Page 17, line 6, strike out "in the civil
Mr. HELMS. Mr. President, in addi-
tion, I am pleased to tell this body that
my substitute amendment for S. 3058,
would not affect the contractual agree-
ment of the U.S. Government to the 900
or so workers at USICA and the Voice of
America. Last week, my esteemed col-
league from Maryland (Mr. MATHIAS),
offered an amendment to the Foreign
Relations Committee bill, which I, along
with my other colleagues, adopted. ,
Certainly in the context of S. 3058, Mr.
MATHIAS' amendment was necessary and
appropriate.
My substitute, would not violate the
agreement between AFGE Local 1812 and
the U.S. International Communication
Agency. Foreign Service domestics would
continue to be in the same bargaining
unit to which they now belong under
Executive order 11636, a Republican Ex-
ecutive order. Their relations with their
agency would be covered under section 5,
the labor-management relations of my
substitute. These "domestic" employees
would have continued access to the
grievance provisions for the Foreign
Service.
My substitute amendment would
maintain the status quo of the collective
bargaining agreement. Those USICA em-
ployees who have or do.decide to remain
within the Foreign Service system could
do so. Others could, under the terms of
their representative's contract with
USICA, voluntarily convert to civil serv-
ice status.
Mr. President, I thank the distin-
guished Senator from Rhode Island for*
yielding.
The PRESIDING OFFICER. The Sen-
ator from Rhode Island now has 15 sec-
onds remaining.
Mr. PELL. I yield back the 15 seconds
and suggest we come to a vote.
Mr. HELMS. I ask for the yeas and
nays, Mr. President.
The PRESIDING OFFICER. Is there
a sufficient second? There is a sufficient
second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment in
the nature of a substitute as modified by
the Senator from North Carolina for his
substitute for the bill.
The yeas and nays have been ordered
and the clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from California (Mr.
CRANSTON), the Senator from Iowa (Mr,
CULVER), the Senator from New Hamp-
shire (Mr. DURKIN), the Senator from.
Missouri (Mr. EAGLETON), the Senator
from Ohio (Mr. GLENN), the Senator
from Colorado (Mr. HART), the Senator
from Louisiana Mr. LONG), the Senator
from West Virginia (Mr. RANDOLPH), the
Senator from Alabama (Mr. STEWART),
the Senator from Florida (Mr STONE)
Senator from Tennessee (Mr. BAKER),
the Senator from Arizona (Mr. GOLD-
WATER), the Senator from New York
(Mr. JAVITS) and the Senator from
South Dakota (Mr. PRESSLER) are neces-
sarily absent.
I also announce that the Senator from
Vermont (Mr. STAFFORD) is absent on
official business.
The PRESIDING OFFICER (Mr.
BOREN). Are there any other Senators in
the Chamber who wish to vote? ?
The result was announced-yeas 18,
nays 66, as follows:
[Rollcall Vote No. 400 Leg.j
YEAS-18
service" '
Page 167, beginning on line 9, strike out and the Senator from Georgia (Mr. TAL-
"in any separation" and all that follows down MADGE) are necessarily" absent.
through line 10 and insert in lieu thereof "in I further announce that, if present
any grievance proceeding under chapter 11; and voting, the Senator from West Vir-
or". ginia (Mr. RANDOLPH) would vote
Page 69, line 22, insert a period after the "nay".
word "grievances" and strike all that follows
down through line 24. Mr. STEVENS. I announce that the
Armstrong
Garn
Schweiker
Bayh. .
Hatch
Simpson
Bellmon
Helms
Stevens
Boschwitz
Humphrey
Thurmond
Byrd,
Jepsen
Wallop
Harry F., Jr.
Laxalt
Domenici
McClure
NAYS-66
Baucus
Hayakawa
Nelson
Bentsen
Heflin
Nunn
Biden
Heinz
Packwood
Boren
Hollings
Pell
Bradley
Huddleston
Percy
Bumpers
Inouye
Proxmire
Burdick
Jackson
Pryor
Byrd, Robert C. Johnston
Ribicoff
Cannon
Kassebaum
Riegle
Chafes
Kennedy
Roth
Chiles
Leahy
Sarbanes
Church
Levin
Sasser
Cochran
Lugar
Schmitt
Cohen
Magnuson
Stennis
Danforth
Mathias
Stevenson
DeConcini
Matsunaga
Tower
Dole
McGovern
Tsongas
Durenberger
Mel her
Warner
Exon
Metzenbaum
Weicker
Ford
Mitchell
Williams
Gravel
Morgan
Young
Hatfield
' Moynihan
Zorinsky
NOT VOTING-16
Baker
Goldwater
Stafford
Cranston
Hart
Stewart
Culver
Javits
Stone
Durkin
Long
Talmadge
Eagleton
Pressler
Glenn
Randolph
So Mr. HELMS' amendment (UP No.
1573), as modified, was rejected.
Mr. PELL. Mr. President, I move to
reconsider the vote by which the amend-
ment was rejected. '
Mr. PERCY. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
The PRESIDING OFFICER. The Sen-
ator from North Carolina is recognized.
Mr. HELMS. Mr. President, obviously,
a great many Senators did not under-
stand the excellence of the substitute of-
fered by the Senator from North Caro-
lina. In view of the vote, I ask unanimous
consent that the now-pending substitute
be withdrawn.
The PRESIDING OFFICER. Is there
objection? Without objection, it is so
ordered.
The amendment (No. 2290) was with-
drawn.
The PRESIDING OFFICER. Is there
further amendment? If there be no fur-'
ther amendment, the question is on the-
engrossment and third reading of the
bill.
Mr. HELMS. Mr. President, I suggest
the absence of a quorum.
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CONGRIESSJIONAIL RECORD-SENATE September 15, 1980
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. PELL. Mr. President, I ask unani-
mous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HELMS. Mr. President, I ask for
order, because this is extremely impor-
tant legislation.
The PRESIDING OFFICER. The Sen-
ate will be in order.
AMENDMENT NO. 2312
(Purpose: To restrict the use of the
authority for career extensions)
Mr. PELL. Mr. President, I call up
amendment No. 2312, now at the desk.
The PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
The Senator from Rhode Island (Mr. PELL)
proposes an amendment numbered 2312.
Mr. PELL. Mr. President, I ask unani-
mous consent that further reading of the
amendment be dispensed with,
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
On page 67, line 2, immediately before the
period insert ", subject to any career exten-
sion under subsection (d) of this section".
"(d) Notwithstanding any other provision IA the Foreign Service Schedule established or section 2103 (as appropriate for the class
of this section- under section 403 of this Act. in which they were serving immediately be-
" (1) the career appointment of a member (b) (1) Except as provided in section 2104 fore the effective date of this Act).
of the Service whose maximum time in class (b), until converted under the provisions of (e) Except as otherwise provided, any ad-
under subsection (a) expires, or whose rim- this chapter, individuals who were Foreign justment of salary under this section shall
ited career extension under subsection (b) Service Reserve officers or Foreign service take effect on the first day of the first pay
expires, while that member is occuping a po- staff officers or employees immediately before period which begins on or after-
sition to which he or she was appointed by the. effective date of this Act shall be treated (1) such date (on, or after the date of en-
the President, by and with the advice and for purposes of salary in accordance with date of this Act and before the may speci-
consent of the Senate, shall be extended until paragraphs (3) and (4) of this subsection. fy date of this Act) order the President may fpth
the appointment to that position is termi- (2) Not later than 30 days after the effec- paragraph, by Executive order for purposes of the
nated; and tive date of this Act, the Secretary- Por
"(2) if the Secretary determines it to be (A) shall make an initial determination of (2) if the President does not specify a date
in the public interest, the Secretary may ex- the availability for worldwide assignment of under paragraph (1), the effective date of
tend temporarily the career appointment of each individual who was a Foreign Service this Act-,
a career member of the Service whose maxi- Reserve officer or a Foreign service staff offi- Mr. PELL. Mr. President, in simplest
mum time in class or limited career exten- cer or employee immediately before the effec- terms, this amendment prevents a wind-
sion expires, but in no case may any exten- tive date of this Act, and
sion under this paragraph exceed one year ' (B) shall notify any such individual who fall salary increase for those individuals
and such extensions may be granted only in is not initially determined to be available who convert from the Foreign Service to
special circumstances.". for worldwide assignment of that initial the civil service. Without this amend-
On page 68, line 14 and 15, strike "in light determination. ment, there would be a number of wind-
of the recommendations of selection boards (3) Individuals who are initially deter- fall increases, which'would be both ex-
established under section 602 and the needs mined under paragraph (2) of this subsec- pensive and inadvisable. I hope my col-
of the service." and insert in lieu thereof "in tion to be available for worldwide assign- leagues can accept this amendment.
accordance with the recommendations of se- ment shall be treated for purposes of salary The PRESIDING OFFICER. The ques-
lection boards established under section as follows:
802.". (A) Individuals who could be converted tion is on agreeing to the amendment of
Mr. PELL. Mr. President, what this s under section 2103 shall be paid as if they the Senator from Rhode Island.
amendment does Is prevent the removal had been converted under section 2103, on The amendment (No. 2314) was agreed
specified senior officers for political reasons-a begins onorafter the fseccttive date of this to AMENDMENT NO. 2313
change in administration or something Act, to the Senior Foreign Service in the ap- (Purpose: To make technical changes)
of that sort. it came up as a result of the propriate class (as determined by the Sec-
testimony of a number of the witnesses retary) established under section 402. Mr. PEnt o. President, I call up . Mr.
who came before the Foreign Relations (B) Individuals who could be converted amendment No. 2313.
Committee. It is generally acceptable and under section 2102 shall be paid as if they The PRESIDING OFFICER. The
I hope it can be accepted by my col- had been converted under section 2102, on amendment will be stated.
leagues. such date, to the appropriate class and step The legislative clerk read as follows:
The PRESII2AVG OFFICER. The ques- (as determined under section 2106(a)) of the The Senator from Rhode Island (Mr.'PELL)
Lion is on agreeing O the amendment. Foreign Service Schedule established under proposes an amendment numbered 2313:
section 403. On page 42, line 4, immediately before
The amendment (No. 2312) was agreed (4) (A) Individuals who are not initially "The" insert "(a) "; and between lines 12
to. determined under paragraph (2) of this sub- and 13, insert the following new subsection:
AMENDMENT NO. 2314 section to be available for worldwide assign- "(b) (1) To prevent windfall pay increases ment shall be treated for purposes of salary appointee ) An Individual Senior xec i is a Servic through the Civil Service to Foreign Serv- as if they had been converted under section receivingbasic pay at one of the rates pay-
Ice conversion process) 2104(a), on the date specified in subsection able under section 5382 of title 5, United the Mr. FELL. Mr. President, %Call up now Se), to olthe grade most andClo ep inorres oe a ato ient In the Senior rein Service In
l States Code, and who accepts a limited ap-
amendment No. 2314. the class and step at which the individual aosalary class for which the basic salary rate
The PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
The Senator from Rhode Island (Mr. PELL)
proposes an amendment numbered 2314.
Mr. PELL. I ask unanimous consent
that further reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
On page 200, strike out lines 20 through
line 3 on page 201 and insert in lieu'thereof
the following:
SEC. 2101. PAY AND BENEFITS PENDING CON-
VEasIoN.-(a) Until converted under the pro-
visions of this chapter, individuals who were
Foreign Service officers immediately before
the effective date of this Act shall be treated
for purposes of salary as follows:
(1) Individuals who were serving under
appointments at class 2 or s higher class of
the schedule established under section 412
of the Foreign Service Act of 1946 shall be
treated as if they had been converted under
section 2103 of this Act on the first day of
such pay period to the Senior Foreign Service
in the appropriate class (as determined by
the Secretary) established under section 402
of this Act.
(2) Individuals who were serving under ap-
pointments at or below class 3 of the sched-
ule established under section 412 of the For-
eign Service Act of 1946 shall be treated as if
they had been converted under section 2102
of this Act on the date specified in subsection
was serving immediately before the effective
date of this Act, subject to the prohibition
on reductions in basic rate of salary which
is contained in the second sentence of sec-
tion 2106(a) (1).
(B) If an individual who is not initially
determined under paragraph (2) of this sub-
section to be available for worldwide assign-
ment is subsequently converted under sec-
tion 2102 (a), 2103 (b) , or 2103 (c) on the basis
of a decision that the initial determination
with respect to the availability of that in-
dividual for worldwide assignment was er-
roneous, the salary of that indiuidual shall
be adjusted, retroactively to the date speci-
fled in subsection (e), to the rate at which
that individual would have been paid under
paragraph (3) of this subsection if he or she
had been initially determined to be available
for worldwide assignment under paragraph
(2) of this subsection.
(c) For the period beginning on the ef-
fective date of this Act and ending on, the
day before the date specified in subsection
(e) (if such date occurs after the effective
date of this Act), the individuals to whom
this section applies shal continue to receive
a salary at the rate at which they were be-
ing paid immediately before the effective
date of this Act.
(d) Except as provided in section 2104(b),
until converted under the provisions of this
chapter, individuals who, immediately before
the effective date of this Act, were Foreign
Service officers, Foreign Service Reserve offi-
cers, or Foreign Service staff officers or em-
ployees, shall be treated for purposes of
allowances and all other matters (except
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125111.
S
September 15, 1980. CONGRESSIONAL RECORD-SENATE
is less than such basic rate of pay, shall be On page 245, line 24, immediately before guished colleague from Wyoming, the
paid a salary at his or her former basic rate the first period insert a comma and the fol- delightful, inimitable Cliff Hansen. I
_ ,...idea in l
e
i
ce
this Chamber one time onrl
t that if an employee is i
ow
r
ng:
p
n
l diff
ti
l
under ...-
e en
a
paragraph (2)) until the salary for his or granted an additiona
her salary class in the Senior Foreign Serv- tion 5925(b) of this title with respect to an
ice equals or exceeds the salary payable to assignment, the sum of that additional dif-
such individual under this subsection. ferential and any danger pay allowance
"(2) The salary paid to an Individual un- granted to the employee with respect to
der this subsection shall be adjusted by 50' that assignment may not exceed 25 percent
percent of each adjustment, which takes of the basic pay of the employee".
effect after the appointment of such individ- On page 246, lines 11 and 12, strike out
ual to the Senior Foreign Service, in the basic "in the Department of State".
rate of pay at which that individual was On page 247, between lines 3 and 4, insert
paid under section 5382 of title 5, United the following new subsection:
States Code, immediately prior to such ap- "(c) Section 6305(a) of title 5, United
pointment.". States Code, is amended by inserting im-
On page 47, line 18, immediately after mediately after 'States' in the first sentence
"compensation" insert "(including position '(or after a shorter period of such service if
classification) ". the employee's assignment is terminated for
On page 52, line 4, immediately after the convenience of the Government)'.".
"member" insert "and notwithstanding sec- Beginning on page 243, strike out line 22
tions 5535 and 5536 of title 5, United States and all that follows through and including
Code". line 6 on page 254 and insert in lieu thereof
On page 78,-line 10, strike out "abroad"; the following:
and in line 12, strike out "abroad". "SEC. 2403. EFFECTIVE DATE.-(a) Except as
On page 141, line 25, immediately after otherwise provided, this Act shall take.effect
"United States" insert "(or any territory or at the end of the 90-day period beginning
possession of the United States or the Com- on the date of enactment of this Act.
monwealth of Puerto Rico) ". "?(b) Personnel actions may be taken on
On page 158, beginning in line 25, strike and after the effective, date of this Act on
out the comma and all that follows through the basis of any then current Foreign Serv-
and including line 2 on page 159 and insert ice evaluation cycle as if this Act had been
in lieu thereof a period. In effect at the beginning of that cycle.
On page 173, beginning in line 16, strike "(c) Appointments to the Senior For-
out "the operations of" and all that fol- eign Service by the Secretary of Commerce
lows through and including line 19 and in- shall be excluded in the calculation and ap-
sert in lieu thereof "the Department in a plication of the limitation in section 305(b)
labor-management dispute (except that any until October 1, 1985. Prior to that date, the
such picketing in the United States which number of members serving in the Senior
does not interfere with the Department's op- Foreign Service under limited appointments
erations shall not be an unfair labor prac- by the Secretary of Commerce may not ex-
tice);". ceed 10 at any one time (excluding indi-
On page 192, line 1, strike out "of State"; viduals with reemployment rights under
and on page 194 lines 1 and 2, strike out "of section 310 as career appointees in the Ben-
State". for Executive Service).".
On page 219, line 21, strike out "the". On page 254, line 7, strike out "(2) The
On page 225, line 14, strike out "and" and provisions of such chapter" and insert in
Insert in lieu thereof a period; and in line lieu thereof "(d) (1) The provisions of chap-
18, immediately after "prescribe" insert the ter 8 of title I"; and beginning in line. 9,
following: "and (iii) under such regulations strike out "such effective date" and insert
as the President may prescribe, individuals in lieu thereof. "the effective date of this
who are to perform duties of a more routine Act"; and in line 12 strike out "(3)" and
nature than are generally performed by insert in lieu thereof "(2) ".
members of the Foreign Service assigned to
the lowest class of the Foreign Service Mr. PELL. Mr. President, this amend-
Schedule may be appointed to an unenumer- ment consists of a number of technical
ated class ranking below the lowest class of changes in S. 3058. None of these changes
the Foreign Service Schedule and be paid has any significant or substantive impact.
basic compensation at rates lower than those They have been gone over on all sides
of the lowest class, except that such rates and I hope they can be approved.
may be no less than the then applicable The PRESIDING OFFICER. The ques-
minimum (a) (1) of the wage Fair rate Labor or Standards S iAct ct section of f tion is on agreeing to the amendment of
19)938 (29 of U.S.C. 208(a) (1) ).11. the Senator from Rhode Island.
1 (
On page 228, line 7, immediately after the The amendment (No. 2313) was agreed
first period insert the following: "Such per- to, . _
son is to be considered an employee of the
United States Government for the purposes
of any benefit under any law administered
by the Office of Personnel Management.".
On page 242, immediately after line 25,
insert the following new section:
"SEC. 2305. SEVERANCE PAY.-Section 6595
(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 At of 1980 or an "
AMENDMENT NO. 2308
(Purpose: To make the effective date April 1,
1981)
Mr. HELMS. Mr. President, I call up
amendment No. 2308 and ask that it be
stated.
The PRESIDING OFFICER. The
amendment will be stated. .
The legislative clerk read as follows:
Redesignate former sections 2305 through The HELMS) Senator proposes an from North amendment Carolina (Mr. numbered'
2314 as sections 2306 8 through 2315 respec- 2308:
tively; and on page 245, line 16, strike out On page 253, line 23, delete "October 1,
(aa)) " "; ; a and on and page insert in
t 1980" and insert in lieu thereof, "April 1,
248ii, lieu line 2 2, , strike out "2ut
(
"2309(b)" and insert in lieu thereof "2310 1981".
(b)". Mr. HELMS. Mr. President, may we
On page 244, strike out lines 3 and *4 and have order in the Senate?
Insert in lieu thereof the following: "strik- The PRESIDING OFFICER. The Ben-
ing out '(1)' and all that follows through
and including 'each type of education' and ate will be in order.
inserting in lieu thereof 'one annual trip Mr. HELMS. Mr. President, I was
each way for each dpendent'.". thinking just now of our former distin-
voting on one of his amendments, I said,
"Is this your amendment, Cliff?" He
said, "It is. It is an excellent amendment.
It is good. It is beneficial to the country.
It is fair and equitable and, naturally,
it is being defeated." 11
That is how I felt when I saw the
substitute go down because, in fact,
Senators have not had time to study this
issue, and I can understand that.
Mr. PELL. Mr. President, I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call.
the roll.
Mr. HELMS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HELMS. Mr. President, this bill is
250 pages long. It makes sweeping
changes in the personnel practices af-
fecting thousands of Government em-
ployees. It requires perhaps hundreds of
pages of new regulations to be written
by the Secretary of State, all of them
regulations which very well could have
a dramatic effect on the way this bill is
administered.
As Senators will note, the effective
date of this bill was October 1, which is
less than 3 weeks away. I simply do not
think it is sound practice to write regula-
tions and get the sweeping personnel
changes underway with only 20 days.
It has been 34 years since the funda-
mental law was changed. Therefore, I
think it is important the effective date
of the bill be pushed forward by 6
months to give employees .a better under-
standing of their new situations.
This amendment, therefore, would
make the effective date of this bill April
1, 1981, and I move its adoption.
Mr. PELL. Mr. President, I think the
motion of the Senator from North Caro-
lina has merit. I have discussed it with
the minority side. I advise my colleagues
to accept it.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from North Car-
olina.
The amendment (No. 2308) was agreed
to.
Mr. HELMS. Mr. President, I move to
reconsider the vote by which the amend-
ment was agreed to.
Mr. HAYAKAWA. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to..
AMENDMENT NO. 2309
(Purpose: To increase the rate of annuity of
any participant who, during his service,
was held hostage or detained in a foreign
country in violation of any treaty or other
international agreement to which the
United States and such country are sig-
natories)
Mr. HELMS. Mr. President, I call up
amendment No. 2309 and ask that it be
stated.
The PRESIDING OFFICER. The
amendment will be stated.
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CONGRESSIONAL RECORD -SENATE September 15, 1980
The legislative clerk read as follows:
The Senator from North Carolina (Mr.
HELMS) proposes an amendment numbered
2309.
Mr. HELMS. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
On page 97, after line 2, insert a new sub-
section as follows:
(m) (1) The rate of annuity of any partici-
pant who, during his service, was held hos-
tage or -detained in a foreign country in vio-.
lation of any treaty or other international
agreement to which the United States and
such country are signatories shall be in-
creased by a rate equal to-
(A) -one-tenth of 1 percent of the average
basic salary of the annuitant, as computed
under subsection (a), for each day such an-
nuitant was so held hostage or detained, if
such annuitant was held hostage or detained
less than 30 days; or
(B) two-tenths of l percent of the average
basic salary of the annuitant, as computed
under subsection (a), for each day such
annuitant was so held hostage or detained
in excess of 30 days.
(2) For purposes of computing under sub-
section (a) the amount of the annuity for
which each participant is entitled, the num-
ber of years of creditable service calculated
under sections 816 and 817 shall be increased
by 1 year for each month or fraction thereof
a participant is so held hostage or detained
less than 6 months and shall be increased by
2 years for each month or fraction thereof a
participant is so held hostage or detained
in excess of 6 months.
(3) A participant so held hostage or de-
tained shall not have his annuity reduced
by reason of his age.
Mr. HELMS. Mr. President, it is an un-
fortunate fact of life that respect for
international law is standing more and
more in the abeyance. We have seen
more than one U.S. diplomat kidnapped,
murdered, or held hostage. This problem
is particularly egregious where a foreign
state itself is the culprit in violating the
concepts of diplomatic immunity.
I do not have to mention the hostages
in Iran, nor the fact that they have been
held captive for nearly 1 year. What
counts is that the danger is always there,
in these perilous days, and that any
diplomat who serves abroad is subject
to official terrorism even by foreign gov-
ernments themselves.
I think that we should recognize this
danger by providing increased retire-
ment benefits, benefits which might be
chosen immediattly if need be. There are
not only physical hazards, but mental
and psychological hazards to which a
hostage is uniquely subject. Sometimes,
these effects create a permanent disa-
bility, as we saw do the recent case of
Richard I. Queen.
My amendment would provide that the
rate of annuity of any participant in the
Foreign Service would be increased by
one-tenth of 1 percent of- the average
basic salary, for each day detained for
the first 30 days, and two-tenths of 1
percent for every day detained in excess
of 30 days. This annuity would be avail-
able to him immediately as soon as he
leaves Government service.
Mr. President, I urge the adoption of
the amendment.
Mr. PELL. Mr. President, I realize the
emotion, the compelling need, and the
situation that gives rise to this amend-
ment. But my own view, and I think the
view, more importantly, of the families
of the hostages, is that they would prefer
this be done in separate legislation.
I have earlier referred to a letter from
Katherine Keough for the Family Lessor
Action Group (FLAG) which says-
it has already been printed in the
REcoRD-that while they are deeply
grateful that Senator HELMS has ad-
dressed himself to this issue, that for the
present, FLAG strongly prefers his sup-
port for swift enactment of the Hostage
Relief Act rather than this amendment
to the Foreign Service Act.
In this regard, the chairman of our
committee (Mr. CHURCH) and I,- and
others, have cosponsored comprehen-
sive legislation that we believe addresses
the problem in a more thorough manner.
I hope in the light of this more com-
prehensive legislation which is pending
before the Finance Committee, and in
view of the wishes of the Family Liaison
Action Group, that the Senator from
North Carolina might be inclined not to
press this issue to a vote.
Mr. HELMS. Mr. President, ordinarily,
I would want to accommodate my friend
in any way possible because he is a
gentleman and he is, in fact, a dear
friend of mine, and I respect what he
has said.
However, I think it is, time for the
Senate to. speak in terms of encourage-
ment to those hostages and to others in:
the Foreign Service.
Whether this amendment is retained
in conference would be up to the con-
ferees. But I think the Senate ought to
speak to this question.
Therefore, I ask for the yeas and nays
on the amendment, Mr. President.
The PRESIDING OFFICER. Is there a
sufficient second? There is a sufficient
second.
The yeas and nays were' ordered.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment
of the Senator from North Carolina. The
yeas and nays have been ordered and
the clerk will call the roll.,
The legislative clerk called the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from California (Mr.
CRANSTON), the Senator from Iowa (Mr.
CULVER), the Senator from New Hamp-
shire (Mr. DURKIN), the Senator from
Missouri (Mr. EAGLETON), the Senator
from Ohio (Mr. GLENN),' the Senator
from Colorado (Mr. HART), the Senator
from Massachusetts (Mr. KENNEDY), the
Senator from Wisconsin (Mr. NELSON),
the Senator from Alabama (Mr.
STEWART), the Senator from Florida (Mr.
STONE), and the Senator from Georgia
(Mr. TALMADGE), are necessarily absent.
Mr. STEVENS. I announce that the
Senator from Tennessee (Mr. BAKER),
the Senator from Arizona (Mr. GOLD-
WATER), the Senator from New York (Mr.
JAVITS), and the Senator from South
Dakota (Mr. PRESSLER) are necessarily
absent.
I also announce that the Senator from
Vermont (Mr. STAFFORD) is absent one
official business.
The PRESIDING OFFICER. Are there
any other Senators present; who desire to
vote?
The result was announced-yeas 41,
nays 43, as follows:
(Rollcall Vote No. 401 Leg.l
YEAS--41
Armstrong Durenberger McClure
Bayh Garn Packwood
Bellmon Hatch Roth
Baden Hatfield Sasser
Boren Hayakawa Schmitt
Boschwitz Heinz Schweiker
Bradley Helms Simpson
Byrd, Humphrey Stevens
Harry F., Jr.. Jepsen Thurmond
Cochran Kassebaum Tower
Cohen Laxalt Wallop
Danforth Long Warner
Dole Lugar. Weicker
Domenici Mathias Young
NAYS-43
Baucus Huddleston Pell
Bentsen . Inouye Percy
Bumpers Jackson Proxmire
Burdick Johnston Pryor
Byrd, Robert C. Leahy Randolph
Cannon. Levin Ribicoff
Chafee Magnuson Riegle
Chiles Matsunaga Sarbanes
Church McGovern Stennis
DeConcini Molcher Stevenson
Exon Metzenbaum ' Tsongas
Ford Mitchell Williams
Gravel Morgan Zorinsky
Heflin Moynihan
Hollings Nunn
NOT VOTING-16
Baker Goldwater Stafford
Cranston Hart Stewart
Culver Javits Stone
Durkin Kennedy Talmadgo
Eagleton Nelson
Glenn Pressler
So Mr. HELMS' amendment (No. 2309)
was rejected.
Mr. PELL. Mr. President, I move to
reconsider the vote by which the amend-
ment was rejected.
Mr. ROBERT C. BYRD. I move to lay
that motion on the table.
The motion to lay on the table was
agreed to.
The PRESIDING OFFICER. The bill
is open, to further amendment.
AMENDMENT NO. 2310
(Purpose: To provide for appropriate exam-
inations for certain salary classes of the
Foreign Service and the Senior Foreign
Service)
Mr. HELMS. I call up amendment 2310
and ask that it be stated.
The PRESIDING OFFICER. The clerk
will report.
The legislative clerk read as follows:
The Senator from North Carolina (Mr.
HELMS) proposes an amendment numbered
2310.
Mr. HELMS. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HELMS. I thank the Chair.
The amendment is as follows:
On page 31, line 23, change the period to
a dash, and insert between lines 23 and 24
the following paragraphs:
"(1) Notwithstanding any other provision
of law, no person shall be eligible for initial
appointment as a member of the Foreign
Service df classes 5 through 9 unless such
person has taken an appropriate written and
oral examinationf, as the Board of Examin-
ers for the Foreign Service may prescribe, to
determines fitness and aptitude for the work
of the Service and demonstrated loyalty to
the Government of the United States and
attachment to the principles of the Con-
stitution. Part of the written examination
shall test the applicant's knowledge of the
geography, history, and political structure of
the United States and of the major in-
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September 15, 1980 CONGRESSIONAL RECdRD-SIENATZ
ternational events of the twentieth century.
The 'Board of Examiners for the Foreign
Service shall interpert the results of such
examinations in the light of the ordinary
clerical, technical, or professional duties
which the applicants would perform in the
Foreign Service.
"(2) Notwithstanding any other provision
of law, no person shall be eligible for initial
appointment as a member of the Foreign
Service of classes 1 through 4 unless such
person has taken an appropriate oral exam-
ination, as prescribed by the Board of Ex-
aminers for the Foreign Service, to deter-
mine the fitness and aptitude of the appli-
cant.". ,
Mr. HELMS. Mr. President, one of the
most important elements in the morale
of the Foreign Service is that of insuring
that candidates for a service represent
the highest quality personnel. Senators
know the work of the Foreign Service is
demanding, that it requires extensive
knowledge of world affairs, geography,
language, and sensitivity to other cul-
tures, and it is important that not only
the senior personnel have the assurance
that the same high standards to which
they were subjected for entry are main-
tained, but that new personnel have
the self-confidence that they are ready
to handle any assignment on world-
wide availability.
Mr. President, the only way to do this,
the only way to achieve this, is by writ-
ten examination in the great tradition
of the Foreign Service.
Unfortunately, this tradition has been
watered down. There have been results
of test scores set aside or reinterpreted.
Worst still is the problem of lateral entry
at higher levels by people who have
never, never been examined, not even on
languages..
I submit, Mr. President, that this is
an abuse of the Service and it is an abuse
that should be stopped.
Therefore, this amendment proposes
that all candidates for appointment in
classes 5 through 9 be given written
examinations, but that the upper four
classes should be examined also as to
their professional competence, I doubt
that a written examination is necessary
in the latter case, but there should
be at least the formality of an oral
examination.
No examinations are proposed for the
senior Foreign Service. Those in the
senior Foreign Service will no doubt be
under rigorous standards of selection
promotion. P
I think the amendment speaks for it-
self and, at a very minimum, Senators
ought to agree to this. Therefore, I urge
its adoption. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there
a sufficient second? There is a sufficient
second.
The yeas and nays were ordered.
Mr. PELL. Mr. President, I have ex-
amined this amendment of the Senator
from North Carolina. Referring to Para-
graph (2) where he speaks about oral
examinations for senior officers 1
through 4, that is the present practice,
so I do not think it is really necessary.
There is no change between what is pres-
ently in the law and that of the amend-
ment of the Senator from North Caro-
lina. I believe the Senator will agree with
me that paragraph (2) is a repetition of
present procedure, present law.
Mr. HELMS. That is correct as to prac-
tice, but there is no requirement for a
formal oral examination in law.
Mr. PELL. When it comes to para-
graph (1) there is a change here where
it requires that the examinations, writ-
ten examinations, for junior officers can-
not be waived by the Secretary of State
as he is pertpitted to do in order to ef-
fectuate the affirmative action program.
This is a somewhat contentious pro-
vision, but it is one that is necessary at
this time in order to provide for proper
diversification and representation of all
Americans in the Foreign Service, and I
would recommend that this amendment
not be agreed to.
Mr. PERCY. Mr. President, I would
just ask the distinguished Sentor from
North Carolina if we required this kind
of procedure with respect to hiring Sen-
ate employees, and we have to have a lot
of Senate employees who have some
knowledge of the world we live in, ge-
ography and history and so forth, that
if we required every single one of them
to submit to oral and written examina-
tions, would this not unnecessarily bur-
den the U.S. Senate?
Would it not place a tremendous
amount of restrictions on the way we
select people and in our discretion? Do
we not feel that we as supervisors and
our own department heads have enough
discretion to select and pick people with-
out overburdening formalities of written
and oral examinations, to require them
to go through tests on geography, his-
tory, U.S. political structure, major in-
ternational events, and so forth?
It seems to the Senator from Illinois
that we are trying to get away from as
much regulation, as much rigidity in out
system as possible and provide a little bit
more flexibility. If we impose those same
requirements on ourselves here in the
Senate that we are now talking about in
this amendment, imposing upon the en-
tire Foreign Service these restrictions forr
lower ranks, is not this unnecessarily
costly, and will it not remove the kind of
flexibility we need to select people who
can do these jobs, and really give discre-
tion to a person who is a skilled inter-
viewer?
I have known many people who can sit
down and cram for an examination and
get by with that and do reasonably well,
but you would not think of hiring him.
On paper he would look awfully good.
I wonder if the distinguished Senator
could respond to that inquiry of the Sen-
ator from Illinois?
Mr. HELMS. I am delighted to respond
to my friend from Illinois, and I will re-
spond to his question with a question.
Would the Senator advocate elimination
of examinations for candidates for West
Point and the other service academies?
What we are talking about is compe-
tence. I do not know about the Senator
from Illinois, the Senator from Idaho, or
the Senator from Rhode Island, but I
have talked to Ambassadors and other
representatives in the Foreign Service,
and they are appalled by some of the per-
sonnel they are required to take.
Is it not reasonable to expect a candi-
date for such a sensitive, perilously re-
sponsible, position that is tied so closely
to our foreign policy and the implemen-
tation thereof to pass a written examina-
S 22513
tion? If we say here that, "Oh, no, we
are not going to allow them to take a
test; we are going to waive that. We will
just bring them in so that we can fill this
and fill that," and the rest of it as is now
being done-according to Ambassadors I
have been talking with, then what are
we saying? I say, yes, we ought to have
some way of knowing that there is com-
petence and some way of measuring that
competence. I think the American peo-
ple, the taxpayers, are entitled to that.
Certainly our foreign policy needs it.
That is my response. to the Senator.
Mr. PERCY. As I see the substitute re-
quiring an examination for admission of
lower staff officers in the specialist cate-
gories of the Foreign Service in all cases,
I look. upon the intent as that of main-
taining high quality in the Service, and
I think that is a laudable intent. But I do
think we have to take into account that
there would be two rather unfortunate
results of the program. It will eliminate
the minority and women's recruitment
program for the Foreign Service, which
has helped materially to enhance repre-
sentativeness without reducing quality.
I submit for the RECORD several sum-
maries of the progress which has been
made in the Department of State, which
will be endangered by the amendment. It
would require specialists entering in the
grades named, secretary, security officers,
communicators, nurses, to take the gen-
eral background examination now re-
quired of Foreign Service officer candi-
dates.
Since recruitment is already difficult
for some categories of specialists, this
would place the service at a real disad-
vantage. Just as with the civil service,
recruitment of Foreign Service specialists
seems best handled by examination of
professional credentials through a com-
petitive process, as would be done under
S. 3058. The Senator from Illinois feels
that the provisions of S. 3058 are satis-
factory. They have been looked at very
carefully, indeed.
For that reason, I would oppose the
pending amendment.
The summaries previously referred to
follow:
DEPARTMENT OF STATE,
Washington, D.C., April 4, 1980.
MEMORANDUM
To The Secretary.
Through M. Ben H. Read.
From M/DGP.-Harry G. Barnes, Jr.
Subject Trends in FSO minority representa-
tion.
You asked me to send you the figures 1
had used in our Affirmative Action meeting
April 2, with regards to trends in minority
representation in the Foreign Service Officer
Corps.
I mentioned that at the beginning of 1977
5.9% of our FSOs and FSO candidates were
minorities. At the beginning of 1980 that
figure stands at 8.3%. By way of illustrating
the results of the emphasis we have put on
affirmative action, I also gave the follow-
ing figures for the Junior Officer ranks (as of,
the end of 1979)
Percent
40-6 .------------------------------- 13.6
40-7 ------------------------------- 20.7
*0-8 ------------------------------- 36.0
With regard to the proportion of women,
the corresponding figures are:
Percent
0-6 -------------------------------- 20.0
0-7 -------------------------------- 23.0
0-8 -------------------------------- 30.0
*FSO and FSR Career Candidates.
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S 12514
CONGRESSIONAL RECORD -SENATE
DEPARTMENT OF STATE-MINORITY FOREIGN SERVICE OFFICERS AND CAREER CANDIDATES,
- DEC. 31, 1976, TO DEC. 31, 1979
Dec. 31, 1976 Dec. 31, 1979
CA
CM----------
FSO-1 ....................
FSO-2.............
Subtotal, senior level.
FSO-3....................
FSO-4....................
FSO-5....................
Subtotal, middle level-..
FSO-6-- =-- ---- -------
FSO-7-"' --??---?-?----
FSO-8...'---......----?-
Total Total Total Total
popula- minors- popuia- minori-
tion ties Percent tion ties Percent
1 ---------------
40 1 2.5 31- 1 3-.-2-
311 6 1.9 320 12 3.8
305 10 3.3 302 7 2.3
657 17 2.6 653 20 3.1
615 17 2.8 704 21 3.0
854' 27 3.2 774 49 6.3
627 68 10.8 579 60 10.4
340 20 5.9 474 14 3.0
283 1 .4 11
85 - ......
Subtotal, junior level.... 708 21 3.0 485 14 2.9
Total, FSO------------- 3,461 150 4.3 3, 195 164 5.1
FSO/FSR-6, FSSO-4.........
............................. 575 78 13.6
FSO/FSR-7 --?---------------------------- 246 51 20.7
FSO/FSR-8...................... -------................. 50 18 36.0
Total, junior officers (including career candidates)'....... 871 147 16.9
Total, FSO and career candidates ...... :................ 3,581 287 8.3
I Starting January 1978, junior officers are appointed as career candidates-FSR.
Note: With an intake of 59 minority officers Burin f I 19
September 15, 1980
DEPARTMENT OF STATE-WOMEN FOREIGN SERVICE OFFICERS AND CAREER
CANDIDATES, DEC. 31, 1976 TO DEC. 31, 1979
? Total Total
popu- Total popu- Total
lation women Percent lotion women Percent
CA ------------------------
CM ----------------
FSO-1------------------
FSO-2--------------------
Subtotal, senior level...
FSO-3 ................... 615 34
FSO-4-------------------- 854 56
FSO-5------------------- 627 85
FSO-6.'---...------?---- 340
FSO-7 .................... 283
FSO-8..................... 85
Junior officers, including ca-
reer candidates:
FSO/FSR-6, FSSO-4 .................................... 575 115 20.0
FSO/FSR-7-------------------------------------------- 246 57 23.2
FSO/FSR-8............................................ 50 15 30.0
Total, junior officers (including career candidates) r------- 871 187 21.5
Total, FSO and career
candidates ......................................... 3,581 7 413 11.5
FSO's and career candidates will comprise approximatelys10 percent ofwe expect FSO Cthat minority
I Corps. Starting January 1978, junior officers are appointed as career candidates-FSR.
2 An additional 73 women mid- and junior-level FSO career candidates have been taken in since
Jan. 1, 1980, fora total FSO and career candidate population of 486 women (less attrition) by
Oct. 1, 1980. This represents 2.7 percent of a total 3,830.
DEPARTMENT OF STATE-WORK FORCE CHANGE, BY SEX, 1969-79
Total work force (CS and FS):
Dec. 31, 1969 -----------------
Dec. 31, 1979-----------------
Chan4e-------
All civil service (GS and GG):
Dec. 31, 1969
__
Dec. 31,1979____________
Change--------------------
All Foreign Service:
Dec. 31, 1969-----------------
Dec. 31, 1979-----------------
Change--------_--_ _
Foreign Service officer and career
candidate:
Dec. 31, 1969-----------------
12, 899 --------- ? 8,279 64.2
12, 830 --------- 8,046 62.7
-69 -0.5 -233 -2.8
3, 329 --------- 1, 238 37.2
3,710 ______--- 1,178 31.8
+381 +11.4 -60 -4.8
9, 570 --------- 7,041 73.6
9,120 --------- 6,868 75.3
-450 -4.7 -173 -2.5
4, 620 35.8
4,784 37' 3
+164 +3.5
2,091 62.8
2, 532 68.2
+441 +21.1
2, 529 26.4
2, 252 24.7
-277 -11.0
Foreign Service officer and career
candidate-Continued
Dec. 31, 1979_________________ 3, 581 ___------ 3,168 88.5 ` 413 11.5
Change--------------------- +277 +8.4 +38 +1.2 +239 +137.4
Foreign Service Reserve and Foreign
Service Reserve Unlimited:
Dec. 31, 1969----------------- 1,404 --------- , 1, 289 91.8 115 8.2
Dec. 31, 1979----------------- 3,020 - 2,588 2,588 85.7 432 14.3
Change-------------------- =-+1,616 +115.1 +1,299 +100.8 +317 +275.7
Foreign Service staff and Foreign
Service staff officers:
Dec. 31, 1969----------------- 4,862 --------- 2,622 53.9 2, 240 46.1
Dec. 31, 1979----------------- 2,519 ------- 1; 1;112 44.1 1, 407 55.9
Change-------------------- -2, 2,343 -48.2 -1, 510 -57.6 -833 -37.2
Source: PER/MGT/OS quarterly summary of employment (excluding noncareer chiefs of mission, FS/GS unclassified, consular agents, resident staff, wage board, WAE, and contract).
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from North Carolina.
Mr. HELMS. Mr. President, I must
confess, with all due respect to my friend
from Illinois, that I do not quite under-
stand what he Is saying. He mentioned
that this would eliminate recruitment
programs for minorities and *omen, if I
understood him.
Is he saying that minorities and women
are not qualified to pass the test? I do
not understand the argument that he
is making.
My argument Is that everybody, re-
gardless of race, creed, or sex, who is
going to be employed by the Foreign
Service, ought to be qualified and ought
to be demonstrably so. I think that is a
reasonable request. It seems to me to be
demeaning to suggest that minorities
and women are not qualified to pass a
written exam.
I realize that certain people in the
State Department, in their zeal to get
a bill passed, have been calling around
to all the Senators, saying: "Don't take
any of HELMS' amendments. You will
mess up the whole deal. We have got this
deal cut over in the House, so don't take
any Helms amendment."
I received a call Thursday from my
good friend, the former Secretary of
State, Cy Vance. He said, "Jesse, I hope
that after your substitute is defeated"-
and he certainly made a brilliant fore-
cast on that-"that you won't offer any
amendments."
I said, "Well, Mr..Secretary, let me go
down the list on these amendments and
see which one of them you find disfavor
with." I went down the list, Mr. Presi-
dent, one by one. He said, "Well, I agree
- with that." "I agree with' that." "I
don't know about that one, but it sounds
all right to me." At the conclusion of
the conversation, he said that they are
good amendments, but he still did not
want any vote on them. This is my
friend Cy Vance. And, of course, Ed Mus-
kie has been making the same calls to
Senators. They do not want any amend-
ment, no matter how much it improves
this bill.
I say to you, Mr. President, that that
is a very poor way to legislate. I have
not advanced an amendment to any bill
since I have been in the Senate that, as
a Senator, I did not consider would be
helpful to the intent of that amendment.
There is nothing frivolous about this.
This is simply saying that you are going
to take an examination and demonstrate
that you are competent. And, under the
American system that I love, what is
wrong with that?
The State Department complains
about the range of grades requiring writ-
ten examinations. Well, let me point out,
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Mr. President, that these candidates are
being appointed to positions which are
ranking a person as high as a GS-12.
What is a GS-12? By military standards,
I say to my friend from Illinois, that is
a position as high as captain in the
Army.
Does my friend, or do any of my
friends, suggest that there should be no
examination, no demonstration of com-
petence? It would be absurd for them to
say that with respect to the Army. I say
it is absurd to make that suggestion as to
this bill.
I simply cannot comprehend why the
State Department would not be eager to
require a written examination for per-
sons of the relatively senior position of
captains and so forth.
I note with special interest the com-
plaints about the difficulty in obtaining
clerical personnel, notably secretaries,
yet I am informed that the Office of Per-
sonnel Management regularly, itself,
tests typists and secretaries for employ-
ment as civil service employees in Wash-
ington, D.C., for the State Department.
So why the double standard? That office
could easily provide the same testing
service for Foreign Service personnel. So
the question is: Why not?
Earlier this afternoon, Mr. President,
I noted that recruiting better qualified
personnel was one of the justifications
for the 15-percent tax-exempt additional
compensation. I am pleased to note that
the Department concedes that it now has
severe difficulty in recruiting secretaries.
Certainly the 15-percent differential
might be an inducement; it might save
recruitment and personnel turnover
costs.
The Senate can vote its will on this
amendment, but I just do not understand
how any Senator can step up here and
say "nay" to an amendment that is sim-
ply calling for demonstrably ascertained
competence.
I yield the floor.
Mr. PERCY. Mr. President, I will ask
my distinguished colleague, because he
made comments about this bill going
without any amendment, can he ever re-
call, in his experience, when the Senator
from Illinois was helping to floor man-
age a bill when the Senator from Illinois
was not willing to consider amendments?
I have no pledge of any kind to carry a
bill clean into conference.
Mr. HELMS. Mr. President, if the Sen-
ator will yield, I did not imply, nor should
he infer, that I was talking about him.
He knows that he is my friend. I am sim-
ply saying that the lobbying from the
Department was not to take an amend-
ment from HELMS or anybody else. "Let's
let this thing, greased as it is, go
through." I am not talking about the
Senator from Illinois.
Mr. PERCY. I can assure my colleague
that the Senator from Illinois has not
talked to a single person in the State
Department.
I Just happened to be in my office with
Ambassador Heiman having a meeting.
He is here from Geneva. I had an ap-
pointment with him here at 3 o'clock.
I asked him about the last amendment,
how he would view it as a Foreign Service
officer and I got his judgment.
But I have not talked to the State De-
partment officially about any aspects of
this bill. I am simply going on my own
experience as an employer. And I asked
the question: Would we want to submit,
for many of these ranks,- a requirement
that everyone hired by the U.S. Senate
be submitted to that kind of oral and
written examination, which would add
a tremendous amount of cost and du-
plicity and effort for the kind of jobs
that I feel we have adequate experience
among ourselves to determine whether
or not a person is qualified?
When we are trying to deregulate this .
Government and when we just stood out
on the steps out here and heard the
pledges that we made as Republicans for
getting the heavy hand of Government
out of a lot of things and directing and
telling us what commonsense ought to
tell us and forcing us to do things which
we, in our judgment, do not feel at all
cost effective, why would we turn around
and come right back on a floor and then
force the State Department to force per-
sons in the lower categories to submit to
oral and written examinations that we
just do not feel require that kind of
questioning?
That is why I raised the question and
why I do not feel, in good judgment,
that this is essential and certainly is not
in accord with the desire to have our
operations as flexible and as cost effec-
tive as possible.
If the Senator from North Carolina
could convince me that this was abso-
lutely essential, that we were hiring
totally unqualified people and that
would be corrected by this, but I have
not really heard that argument or seen
that measure of proof. For that reason,
I cannot really see the need for it.
It is not the intention of the Senator
from Illinois to just take a bill without
amendments. The Senator from Illinois
always has accented amendments as a
floor manager when he feels that they
have improved the bill.
In fact, we welcome such amendments.
In this particular case, I just happen
to disagree, with my colleague.
Mr. HELMS. I know my good friend
disagrees. We have always agreed to dis-
agree agreeably. I love him for all that.
But I would say to him that in hiring
personnel for his office, he is not under
any affirmative action gun. He is not
under any political pressure to hire this
person or that person. And he does not
hire all that many people.
But I go 'back to my original state-
ment, what we are talking about in terms
of taking this examination are people
who have as high as the equivalent mili-
tary rank of captain in the Army. I do
not think the Senator would suggest that
there be no testing of someone being
considered for a captaincy in the Army.
I do not know how much duplication,
redtape, and so forth, is involved in a
simple test. To tell you the truth, Mr.
President, before I got into my study of
this bill, I just assumed that that sort
of thing was policy. Here I find that,
"No, we have written examinations, but
we waive them whenever we want" which
means that political appointments can
be made of people who do not understand
the languages or the cultures, or any-
thing else. They even can make lateral
entry at higher grades, without examina-
tion. Just plug them in because some-
body wants to be in the Foreign Service.
I do not know, I cannot testify of my
own knowledge, of course, as to how often
that happens, but I think we ought to be
in the position of having said on the floor
of the U.S. Senate that it is not going to
happen at all. All this amendment says
is, "You will have a demonstrably come-
petent candidate." That is all the amend-
ment says; nothing more, nothing less.
Mr. PELL addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from Rhode Island.
Mr. PELL. Mr. President, I think the
record should show that we have already
accepted one amendment to this bill.
This changed the effective date of the bill
at the suggestion of the Senator from
North Carolina, an excellent suggestion.
So this bill is not without amendment al-
ready.
Another point to bear in mind is that
if the pending amendment of the Sena-
for from North Carolina is accepted, it
would then mean that a new procedure
would have to be brought into effect for
secretaries and specialists whereby they
would have to take examinations of the
type that are given now only to Foreign
Service officers. I think that we would
find that would not be necessary. In any
case, I am ready to vote on this matter.
Mr. HELMS. Mr. President, have the
yeas and nays been ordered?
The PRESIDING OFFICER. The yeas
and nays have been ordered.
The question is on agreeing to the
amendment of the Senator from North
Carolina. The yeas and nays have been
ordered and the clerk will call the roll.
The assistant legislative clerk called
the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from California (Mr.
CRANSTON), the Senator from Iowa (Mr.
C'ULVER). the Senator from New Hamp-
shire (Mr. DURKIN) , the Senator from
Missouri (Mr. EAGLETON), the Senator
from Ohio (Mr. GLENN), the Senator
from Colorado (Mr. HART), the Senator
from Massachusetts (Mr. KENNEDY), the
Senator from Wisconsin (Mr. NELSON),
the Senator from Georgia (Mr. NuNN);
the Senator from Mississippi (Mr. STEN-
Nis), the Senator from Alabama (Mr.
STEWART), the Senator from Florida (Mr.
STONE), and the Senator from Georgia
(Mr. TALMADGE) are necessarily absent.
Mr. STEVENS. I announce that the
Senator from Tennessee (Mr. BAKER),
the Senator from New Mexico (Mr. Do-
mENIcI), the Senator from Arizona (Mr.
GOLDWATER), the Senator from New York
(Mr. JAVITS), and the Senator from
South Dakota (Mr. PRESSLER) are neces-
sarily absent.
I also announce that the Senator from
Vermont (Mr. STAFFORD) is absent on
official business.
The PRESIDING OFFICER (Mr. BAV-
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CONGRESSIONAL RECORD -SENA`l E September 15, 1980
cus). Are there any other Senators in the
Chamber who wish to vote?
The result was announced-yeas 19,
nays 62, as follows:
[Rollcall Vote No. 402 Leg.]
YEAS-19
Armstrong
Humphrey
Thurmond
Boren
Jepsen
Tower
Boschwitz
Laxalt
Wallop
Exon
Lugar
Warner
Gann
McClure
Zorinsky
Hatch
Morgan
Helms
Simpson
NAYS-62
Baucus
Ford
Mitchell
Bayh
Gravel
Moynihan
Bellmon
Hatfield
Packwood
Bentsen
Hayakawa
Pell
Biden
Heflin
Percy
Bradley
Heinz
Proxmire
Bumpers
Hollings
Pryor
Burdick
.
Huddleston
Randolph
Byrd,
Inouye
Ribicoff
Harry F., Jr.
Jackson
Riegle
Byrd. Robert C.
Johnston
Roth
Cannon
Kassebaum
Sarbanes
Chafes
Leahy
Sasser
Chiles
Levin
Schmitt
Church
Long
Schweiker
Cochran
Magnuson
Stevens
Cohen
Mathias
Stevenson
Danforth
Matsunaga
Tsongas
DeConcini
McGovern.
Weicker
Dole
Melcher
Williams
Durenberger
Metzenbaum
Young
NOT VOTING-19
Baker
Goldwater
Stafford
Cranston
Hart
Stennis
Culver
Javits
Stewart
Domenici
Kennedy
Stone
Durkin
Nelson
Talmadge
Eagleton
Nunn
Glenn
Pressler
So Mr. HELMS' amendment (No. 2310)
was rejected.
UP AMENDMENT NO. 1574
Mr. HELMS. Mr. President, I send an
unprinted amendment to the desk and
ask that it be stated.
The PRESIDING OFFICER. The clerk
will state the amendment.
The assistant legislative clerk read as
follows:
The Senator from North Carolina '(Mr.
HELMS) proposes an unprinted amendment
numbered 1674.
Mr. HELMS. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
Page 185, strike out chapter 11 (beginning
on line 4 and ending on line 16 of page 200)
and insert in lieu thereof the following:
Chapter 11-GRIEVANCES
SEC. 1101. DEFINITIONS; APPLICABILITY.-
(a)(1) Except as provided in paragraph (2),
for purposes of this chapter, the term
"grievance" means any act, omission, docu-
ment, or condition -which is a source of
concern or dissatisfaction to a member of
the service who is a citizen of the United
States or to an exclusive representative and
which is subject to the control of the Sec-
retary or the Secretary of State (or both)
and relates to terms and conditions of em-
ployment, including, but not limited to-
(A) separation of the member allegedly
contrary to laws or regulations, or predi-
cated upon alleged inaccuracy, omission,
error, or falsely prejudicial character of in-
formation in any agency record concerning
the member;
(B) other alleged violation, misinterpre-
tation, or misapplication of any applicable
law, regulation, or published policy adverse-
ly affecting the career, reputation, financial
condition, or terms and conditions of the
employment or career status of the member;
(C) allegedly wrongful disciplinary action
taken or likely to be taken against the
(D) dissatisfaction with respect to the
working environment of the member;
(E) alleged inaccuracy, omission, error,
or falsely prejudicial character of informa-
tion in any agency record concerning the
member which is or could be prejudicial to
the member;
(F) any action which is alleged to be in
the nature of reprisal, oy interference with
freedom of action in connection with par-
ticiaption by the member in procedures
under this chapter or in connection with
the making of any disclosure or submission
described in section 105(b)(2), (b)(3),
or (c);
(G) any alleged denial of basic due
process;
(H) any claim involving the effect, inter-
pretation, or breach, of any collective bar-
gaining agreement; and
(I) alleged denial of an allowance, pre-
mium pay, or other financial benefit to
which the member claims entitlement under
applicable laws or regulations.
(2) (A) Subject to subparagraph (B) of
this paragraph, the term "grievance" does
not include, for purposes of this chapter, the
judgment of a selection board established
pursuant to section 602, a tenure board
established pursuant to section 306(b), or
any other equivalent body established pur-
suant to law or regulation which similarly
evaluates the performance of members of the
Service on a comparative basis.
(b) Notwithstanding subparagraph (A),
the term "grievance" shall include a claim
that a judgment described in subparagraph
(A)-
(1) was based on any prohibited personnel
practice described in section 2302(b) of title
5, United States Code;
(ii) was based on or constitutes falsely
prejudicial Information; or
(iii) was not made in accordance with law,
rule, or regulation.
(b) For purposes of this chapter, the term
"exclusive representative" means a labor or-
ganization which Is accorded exclusive recog-
nition under chapter 10.
(c) This chapter applies only with respect
to the Department of State, the Interna-
tional Communication Agency, the United
States International Development Coopera-
tion Agency, the Department of Agriculture,
and the Department of Commerce. When
used in this chapter, the term "Secretary"
shall refer to the head- of a department or
agency listed in this subsection.
SEC. 1102. GRIEVANCE CONCERNING FORMER
MEMBERS.-Within the time limitations of
section 1104, a former member of the Serv-
ice or the surviving spouse, former spouse, or
another member of the family of a deceased
member or former member of the Service
may file a grievance under this chapter.
SEC. 1103. FREEDOM OF ACTION: (a) Any
person filing a grievance under this chapter
(hereinafter in this chapter referred to as
the "grievant"), and any witness, labor or-
ganization, or other person, Involved in a
grievance proceeding, shall be free from any
restraint, interference, coercion, harassment,
discrimination, or reprisal in those proceed-
ings or by virtue of them.
(b) (1) Any grievant has the right at every
stage of proceedings to a reasonable num-
ber of representatives of his or her own
choosing. An exclusive representative shall
have the right to appear, and present Its
views during any grievance proceeding.
(2) The grievant, and any representative
of the grievant who is a member of the Serv-
ice 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.
. (c) Any witness who is a member of the
Service or employee of the Department shall
be granted reasonable periods of administra-
tive leave to appear and testify at any pro-
ceedings under this chapter.
(d) (1) No record of-
(A) a determination by the Secretary to
reject axecommendation of the Foreign Serv-
ice 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 or
the grievant (except by order of the Griev-
ance Board as a remedy for the grievance)
or those of any other individual connected
with the grievance.
(2) The Department shall maintain rec-
ords pertaining to grievances under appro-
priate safeguards which are necessary to en-
sure confidentiality, in accordance with sec-
tion 1108(d).
(3) The Foreign Service Grievance Board
may enforce compliance with the require-
ments of paragraphs (1) and (2).
(e) The Department shall expedite security
clearance procedures whenever necessary to
assure a fair and prompt investigation and
resolution of a grievance.
SEC. 1104. TIME LIMrrATIONS.-(a) A griev-
ance 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, except that in the case
of any grievance arising before the date of
the enactment of this Act, the grievance
shall be so barred, and not so considered and
resolved, unless it is filed within 2 years after
such date of enactment. There shall be ex-
cluded from the computation 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.
(b) If a grievance is not resolved under
Department procedures (which have been
negotiated with the exclusive representative.
if any) within sixty days after it is filed with
the Department, a grievant shall be entitled
to file a grievance with the Foreign Service
Grievance Board for its consideration and
resolution.
SEC. 1105. FOREIGN SERVICE GRIEVANCE
BOARD.-(a) There is established the Foreign
Service'Grfevance Board (hereinafter in this
chapter referred to as the "Board"). The
Board shall consist of no fewer than 12 mem-
bers, who shall be appointed under subsec-
tion (b).
(b) (1) The Members of the Board shall be
appointed by the Secretary of State from In-
dividuals nominated under paragraph (2)
and approved in writing by the exclusive rep-
resentative for each agency to which this
chapter applies and each such agency which
has such an exclusive representative. Each
member of the Board shall be appointed for
a term of 2 years, subject to renewal with
the same written approvals required for ini-
tial appointment. In the event of a vacancy
on the Board, an appointment for the unex-
pired term may be made by the Secretary of
State In accordance with the procedures
specified in this section.
(2) Each appointment made by the Secre-
tary of State under paragraph (1) shall be
made from a written list of candidates sub-
mitted to the Secretary of State by any orga-
nization which is composed primarily of in-
dividuals who are experienced in the adjudi-
cation or arbitration of personnel matters.
(3) An individual shall be eligible for ap-
pointment as a member of the Board only
If such individual-
(A) is not a current or former employee
of the Department or a current or former
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member of the Service, or is not performing
and has not previously performed services for
the Department or Service (other than as a
member of the Board) ;
(B) has the demonstrated ability, back-
ground, training, and experience necessary
to be especially qualified to serve as a mem-
ber of the Board; and
(C) demonstrates a capacity and willing-
ness to devote sufficient time to service as a
member of the Board in order to enable the
Board to dispose of cases .under this chapter
in a timely manner.
(c) (1) A member of the Board may be
removed from the Board-
(A) by majority vote of the members of
the Board (other than the member who is
the subject of the proposed action of re-
moval) ; and
(B) only for inefficiency, neglect of duty,
or malfeasance in office.
(2) Any member of the Board who is the
subject- of any proposed action of removal
under this subsection shall be given notice
and opportunity for a hearing before the
Board prior to any vote of the members of
the Board under paragraph (1)(A). Each
agency and each exclusive representative
shall be given the right to appear at the
hearing and present its views. The Board may
dispense with the opportunity for a hearing
only upon the submission of a written waiver
of the hearing to the Chair by the member
subject to the proposed action.
(d) Each member of the Board who is not
otherwise employed by the United States
Government shall receive compensation at a
rate equal to the daily rate payable for GS-18
under the General Schedule under section
5332 of title 5, United States Code, including
traveltime, for each day such member is en-
gaged in the actual performance of duties
as a member of the Board. A member of the
Board who is an officer or employee of the
United -States Government shall serve with-
out additional compensation. All members
of the Board shall be entitled to travel ex-
penses and per diem allowances in accord-
ance with section 5703 of title 5, United
States Code.
(e) The members of the Board shall select
from among the members of the Board a
Chair who shall be the chief executive and
administrative officer of the Board.
(f) The Board may obtain facilities, serv-
ices, and supplies through the general admin-
istrative 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 ap-
propriated 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 neces-
sary to carry out its functions. The individ.
uals so appointed or assigned shall be re-
sponsible solely to the Board, and the Board
shall prepare the performance evaluation re-
ports 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 necessary to ensure confidential-
ity, in accordance with section 1108(d).
SEC. 1106. BOARD PROCEDURES.-(a) Proced-
ures for the resolution of grievances in ac-
cordance with the purposes of this chapter
shall be established by an agreement between
the exclusive representative for each agency
to which this chapter applies and each such
agency which has an exclusive representa-
tive.
(b) Subject to any terms of an agreement
under subsection (a), 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 cast which
involves-
(A) disciplinary action or th eretirement of
a grievant from the Service under section
601 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 representa-
tive), and the representatives of the Depart-
ment are entitled to be present at the hear-
ing. Unless the grievant requests otherwise,
such hearings shall be open to public observa-
tion, except that the Board may, after con-
sidering the views of the parties and any
other individuals connected with the griev-
ance, decide that a hearing should be closed
to public observation because the public in-
terest so ;equires. Testimony at a hearing
shall be given under oath or affirmation,
which any Board member or individual desig-
nated by the Board shall have authority to
administer.
(3) Each party shall be entitled to examine
and cross-examined witnesses at the hearing
or by deposition and to serve interrogatories
upon another party and have such interroga-
tories upon another party and have such
interrogatories answered by the other party
unless the Board finds such interrogatory ir-
relevant, 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 any witness under
its control, supervision, or responsibility,
except that if the Board determines that the
absence of such witness from the hearing
would not impair the presentation of the
grievance or lessen the Board's assessment of
credibility, the witness may be made availa-
ble by deposition. If the witness is not made
available in person or by deposition within a
reasonable time as determined by the Board,
the facts at issue shall be construed in favor
of the grievant. Necessary costs and travel
expenses shall be paid by the agency.
(4) During any hearing held by the Board,
any oral or documentary evidence may be re-
ceived, but the Board may exclude any irrele-
vant, immaterial, or unduly repetitious evi-
dence.
(5) A verbatim transcript shall be made of
any hearing and shall be part of the record
of proceedings.
(6) The Board shall afford to each party
the opportunity to review and to supple-
ment, 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 designed by
the Chair, except that hearings within the
continental United States shall be held by
panels of at least three members unless the
parties agree otherwise.
The Board shall act through panels of at
least 3 members in any grievance regarding
any agency which has an exclusive repre-
sentative. Members of any such panel shall
be designated by the Chair for a fixed period
of time and shall be approved in writing by
the agency and the exclusive representative.
References in this chapter to the Board shall
be considered to be references to a panel or
member of the Board where appropriate.
(8) If the Board determines that the De-
partment is considering any action which is
related to a grievance pending before the
Board and that such action should be sus-
pended, the Department shall suspend such
S 12517
action until the Board has ruled upon the
grievance. Nothwithstanding such suspen-
sion of action, the head of the agency con-
cerned or a chief of mission or principal of-
ficer may exclude the grievant from official
premises or from the performance of speci-
fied functions if such exclusion is deter-
mined in writing to be esssential to the func-
tioning of the post or office to which the
,,grievant is assigned.
(9) The Board may reconsider any deci-
sion upon,presentation of newly discovered
or previously unavailable material evidence
or if the Board otherwise considers it
warranted.
(c) The provisions of this section shall not
be considered to atuhorize disclosure of any
information by any agency or any person
which is, in the interest of national defense
or the conduct of foreign affairs, specifically
prohibited from disclosure by any other pro-
vision of law or specifically required by Ex-
ecutive order to be kept secret.
SEC. 1107. BOARD DECISIONS: (a) Upon
completion of its proceedings, 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 shaft include findings of fact
and a statement of the reasons for the deci-
sion of the Board.
(b) If the Board finds that the grievance
is meritorious, the Board may order the De-
partment--
(1) to reinstate the grievant, and to grant
the grievant back pay in accordance with
section 5596(b) (1) of title 5, United States
Code;
(2) 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
(3) to take any other remedial action that
the Board deems appropriate.
(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) (1) If the Board finds that-
(A) the grievance is meritorious and orders
that remedial action be taken that relates
directly to promotion or assignment of the
grievant, or
(B) the evidence before it warrants dis-
ciplinary action against any employee of the
Department or member of the Service,
it shall make an appropriate recommenda-
tion to the Secretary of State.
(2) The Secretary of State shall make a
written decision on the recommendation of
the Board within thirty days after receiving
the recommendation. The Secretary of State
shall implement the recommendation of the
Board except to the extent that, in a decision
made within that 30-day period, the Secre-
tary of State rejects the recommendation in
whole or in part on the basis of a determina-
tion that implementation of the recommen.
dation would adversely affect the foreign pol-
icy or national security of the United States.
If the Secretary of State rejects the recom-
mendation in whole or in part, the rejection
shall fully state the reasons therefor and
shall be signed personally upon oath or af-
firmation by the Secretary of State, with a
copy thereof furnished the grievant or the
grievant's representative.
(3) Pending the decision of the Secretary
of State under paragraph (2), there shall be
no ex parts communication concerning the
grievance between the Secretary of State and
any person involved in the proceedings of
the Board. The Secretary of State shall, how-
ever, 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 written in-
formation in the custody of or available
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to the agency (hereinafter in this section
referred to as "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 tp
any agency record which the grievant re-
quests 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 deter-
mines 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 Secretary of State
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. Any such certification shall
be fully documented with the reasons there-
for and shall be signed personally upon oath
or affirmation by the Secretary of State, with
a copy thereof furnished the grievant or the
grievant's representative. If such a certifica-
tion is made with respect to any record,
the agency shall supply to the Board a sum-
mary or extract of such record unless the
reasons specified in the preceding sentence
preclude such a summary or extract.
(c) If the Board determines that an agency
record, or a summary or extract of a record,
made available to the Board under subsec-
tion (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) Any material furnished to the Board
shall be furnished to the grievant or the
grievant's representative at the same time.
Whenever the furnishing of a personnel rec-
ord or any other material may conflict with
a regulatory or statutory provision protect-
ing privacy or confidentiality the record shall
be furnished promptly to the grievant or the
grievant's representative only upon a certifi.
cation, signed personally upon oath or af-
firmation, that the information contained
therein will net be disclosed outside of the
grievance proceedings. No employee of the
Department participating in a proceeding on
behalf of the Department shall disclose any
information concerning a grievance to any-
one not involved in the grievance proceed-
ings. Violations of this section may be
brought to the attention of the Board for
appropriate action.
(e) If the Department fails to furnish to
the Board any agency record promptly upon
request, the Board shall construe the facts
at issue in favor of the grievant if the Board
determines the agency record may be rele-
vant or material to the grievance. Consistent
with the objective of expediting the resolu-
tion of grievances, the Board may take such
a construction even if the agency record is
submitted, if it was not submitted promptly
after it was originally requested.
(f) The grievant in any case decided by
the Board shall have access to the record of
the proceedings and the decision of - the
Board. The Board shall furnish the grievant
or the grievant's representative with a copy
of the record of the proceedings and the
decision in any case considered by it.
SEC. 1109. RELATIONSHIP TO OTHER REME-
DIES.-(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 car-
vied 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 griev-
ance which is also eligible for consideration,
resolution, and relief under chapter 12 of
title 5, United States Code, or a regulation
or Executive order other than under this
chapter. Except as provided in subsection
(c), such an election of remedies under this
section shall be final upon the acceptance
of jurisdiction by the Board.
(c) An election to raise a matter under
grievance procedures in no way prejudices
the right of an aggrieved party to request
the Merit Systems Protection Board to re-
view the final decision of the Grievance
Board or to request the Equal Employment
Opportunity Commission to review a final
decision in any matter involving a complaint
of discrimination of the type prohibited by
any law administered by the Equal Employ-
ment Opportunity Commission.
(d) Nothing in this act shall extinguish
or lessen any right or remedy, including the
right to trial de novo, of an employee or ap-
plicant for employment under-
(1) section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-16), prohibiting dis-
crimination on the basis of race, color, re-
ligion, sex, or national origin:
(2) sections 12 and 15 of the Age Dis-
crimination in Employment Act of 1967 (29
U.S.C. 631, 633a), prohibiting discrimina-
tion on the basis of age;
(3) under 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) section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791), prohibiting discrim-
ination on the basis of handicapping con-
dition; or
(5) the provisions of any law, rule, or
regulation prohibiting discrimination on the
basis of marital status or political aftilia-
tion.
SEC. 1110. JUDICIAL REVIEW.-Any aggrieved
party may obtain judicial review of a
final action 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 Code. Section 706
of title 5, United States Code, shall apply
without limitation or exception.
CONFORMING AMENDMENTS
Page 5, in the item relating to section
1101, strike out "Definition of grievance"
and insert in lieu thereof "Definitions; ap-
plicability".
Page 17, line 3, strike out "section" and
insert "Act".
Page 17, line 6, strike out "in the civil
service".
Page 167, beginning on line 8, strike out
"in any separation" and all that follows
down through line 10 and insert in lieu
thereof "in any grievance proceeding under
chapter 11; or".
Page 69, line 22, insert aperiod after the
word "grievances" and strike all that follows
down through line 24.
Mr. ROBERT C. BYRD. Would the
distinguished Senator yield?
Mr. HELMS. Certainly, I will yield to
my good friend,
Mr. ROBERT C. BYRD. It is for an
announcement.
Mr. President, it is the plan to finish
this bill this evening, I am told by the
distinguished Senator from North Car-
olina that he may have one more
amendment, or he may not.
Mr. HELMS. Yes. -
Mr. ROBERT C. BYRD."Then the Seri-
ate should be finished its work on this
bill by 5 o'clock, or 15 minutes after,
something like that.
After that, there would be no more
rollcall votes. After acting on this bill,
there will be no more rollcall votes today.
The Senate would go to the HUD appro-
priation bill?for opening statements only,
and then the Senate would go over until
tomorrow.
ORDER FOR RECESS TO 10:30 A.M. TOMORROW
If the Senator will allow me to ask
unanimous consent, I ask unanimous
consent that when the Senate completes
its business today it standnn recess un-
til 10:30 a.m. tomorrow.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
under the order previously entered, the
HUD ? bill would be laid down today,
opening statements would be made, and
that would be the business before the
Senate tomorrow, after the recognition
of Senators for whom any orders have
been entered.
ORDER FOR RECOGNITION OF MR. M'GOVERN ON
TOMORROW
Mr. ROBERT C. BYRD. I now ask
unanimous consent to enter an order
for Mr. MCGOVERN, for not to exceed
15 minutes, after the two leaders, under
the standing order on tomorrow.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Are there any
other orders for the recognition of Sen-
ators tomorrow?
The PRESIDING OFFICER. There are
none.
Mr. ROBERT C. BYRD. Then, Mr.
President, following the laying down of
the HUD appropriation bill tomorrow,
at no later than 12 noon, under the or-
der previously entered, the Senate would
lay aside temporarily the HUD appro-
priation bill and proceed to the military
construction authorization bill; am I
correct?
The PRESIDING OFFICER. The Sen-
ator is correct.
Mr. ROBERT C. BYRD. All right. I
thank the distinguished Senator from
North Carolina for his courtesy.
Mr. HELMS. Mr. President, this
amendment would delete the grievance
section of S. 3058 and replace it with
what the Senator from North Carolina
considers an improved version of the bill
introduced by the distinguished Senator
from Indiana (Mr. BA9rH), which is S.
2712.
Now,- the Chair will recall that this
is the same amendment which I added
by unanimous consent to my compre-
hensive substitute earlier this afternoon,
which was defeated.
I might add that it has the strong sup-
port of the national office of the AFGE,
AFL-CIO, and Local 1812.
For the benefit of Senators, perhaps I
should summarize the effects of the
pending amendment, which is a sub-
stitute for the grievance section of S.
3058.
Unlike the bill as originally drafted,
this amendment guarantees an individ-
ual grievant the right to representation
of his'or her own choice.
The committee has adopted a similar
amendment and, in view of the statutory
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base for the grievance procedure, the
pending amendment simply continues
this right.
Mr. President, the reported bill raises
serious doubt about whether a grievant
in a separation case is entitled to have
this decision reviewed by the Equal Em-
polyment Opportunity Commission, and,
where necessary, to obtain a trial de novo
for the discrimination claim in the U.S.
District Court.
I am confident it was not the intention
of my distinguished colleagues on the
Foreign Relations Committee to im-
munize the Department of State from
enforcing the same obligation to provide
equal opportunity currently applicable to
both it and the other Federal agencies.
So, Mr. President, the pending amend-
ment removes this ambiguity and, similar
to an employee's status under the Civil
Service Reform Act of 1978, preserves
the rights of the Foreign Service officer's
under the Nation's civil rights laws.
In what may have been a drafting
oversight, the reported bill allows the
agencieg to appoint all the members of
the Grievance Board. A marked depar-
ture from current practice where each
agency and each employee representa-
tive have an absolute veto over each
nomination to the board. Under the re-
ported bill, whenever a disagreement
arose, five agencies and two representa-
tives would each nominate two candi-
dates. Thus, there would be 10 agency
nominees and 4 representative nominees.
On the first round of the striking proce-
dure. the five agencies would be able to
eliminate the four candidates nominated
by the employee representatives. The
unfairness of this procedure is obvious
and has been highlighted by a report
from the officers of the Thomas Fund.
The Thomas Legal Defense Fund was
established in 1971 to secure the con-
stitutional protection for the rights of
Foreign Service officers. The officers of
the fund have distributed a report sharp-
ly. critical of the changes made by the
reported bill. In addition, the fund shares
the alarm of the Thursday luncheon
group, composed of minority, members of
the service, at the prospect that the
grievance chapter will be crippled.
Mr. President, in earlier Congresses,
the Senate has thoroughly considered
the issue of an appropriate mechanism
for resolving grievances in the Foreign
Service. On several occasions, the Com-
mittee on Foreign Relations has recom-
mended and the Senate has adopted the
grievance legislation offered by my dis-
tinguished colleague from Indiana (Mr.
BAYH). Unfortunately, we were never
able to convince the House to go along
wholeheartedly. In H.R. 6790 the House
once again falls short of the Senate's
consistent position on grievance legis-
lation.
I believe that no thorough review of
the legislation charter for the Foreign
Service can be complete without an effort
to achieve some of the gains found in the
earlier legislation so favorably approved
by the Senate. I must confess, however,
that my substitute does not reach the
full measure of protection afforded by
S: 2712, the Bayh bill passed by this
body in earlier years. I would like to ex-
plain some of the departures from the
Bayh bill.
First, I have added a limiting phrase to
the general definition of grievance so
that the dispute must "relate to terms
and conditions of employment." I do
not intend by the addition of this phrase
to preclude any matter currently grieva-
ble from being resolved through the pro-
cedure in my substitute. In fact, my sub-
stitute enlarges the definition of griev-
ances beyond that found in current law.
I wish to inform my colleagues, however,
that by use of this limiting phrase, I
specifically intend to make it clear that
the policy content of foreign affairs de-
cisions is not subject to the grievance
procedure. I believe that the claim that
the content of policy decisions would be
grievable was an inaccurate criticism of
the Bayh bill. This limiting phrase elim-
inates any basis for such a charge
against my substitute.
In a second departure from the bill,
approved earlier by the Senate, I spe-
cifically exclude the subjective judg-
ments of selection boards from the def-
inition of grievance. Where, however, a
selection board has engaged in a pro-
hibited personnel practice or otherwise
violated law, rule, or regulation, its de-
cision would be grievable.
Perhaps the most criticized facet of
the Bayh legislation is its requirement
that the members of the Grievance Board
be selected on a tripartite basis, with one
selected by agency management, one by
the employee representative, and one by
the other two members. My substitute
eliminates this tripartite composition of
the Grievance Board, while building on
the Board's current practice of acting
through panels.
My substitute allows the Secretary of
State to refuse to provide information,
and even to implement certain decisions
of the Grievance Board, if he finds that
it would' adversely affect the foreign
policy or national security of the United
States. These provisions are a profound
departure from the normal procedure
for resolving disputes where the third-
party decision is final and binding on all
parties. Although I am hesitant about
allowing one side to a dispute to have
the power to ignore the decisions of the
Grievance Board, I believe that my sub-
stitute contains adequate safeguards as
that the Secretary's power will not be
used arbitrarily or otherwise abused.
My amendment also contains guaran-
tees for the protection of confidential in-
formation and allows the grievant the
right to close a grievance hearing.
Where, however, the grievant desires an
open hearing, the Board would be re-
quired to honor the request unless it
found good,cause to do otherwise.
In conclusion, I urge my colleagues to
vote for this substitute. It avoids the
unfortunate provisions of the reported
bill which have come under increasing
criticism. The substitute also avoids
those features of the grievance legisla-
tion approved by the Senate but which
have raised the greatest objection. Most
importantly, the substitute places the
Senate on record-once again-in favor
of expanding the guarantees of basic
fairness in the Foreign Service.
Mr. PELL. Mr. President, I appreciate
the motives and the reasons for the sub-
mission of this amendment. I ask one
question of the Senator from North
Carolina: Is this basically the Bayh bill
that the Senator from North Carolina
has submitted?
Mr. HELMS. It is. I say to my friend.
Mr. PELL. This is a bill we have con-
sidered before, and I wanted to identify
it, to know exactly what we are talking
about.
We thought there were many parts of
the Bayh proposals that were excellent.
In fact; the grievance provisions in the
bill before the Senate, S. 3058, move in
the direction of Senator BAYH's proposal
in several key respects. For example, the
grounds on which management can
overturn Grievance Board decisions
have been sharply narrowed, so that only
true national security grounds provide
justification for doing so.
Then, as the Senator from North Car-
olina has mentioned, our Foreign Rela-
tions Committee added a provision
which confirms that "the grievant has
a right to a representative of his or her
own choosing at every step of the pro-
ceeding."
Richard I. Bloch, the Chairman of the
Foreign Service Grievance Board and an
arbitrator for a number of Federal agen-
cies-IRS, Labor, Treasury, Justice, and
others-says that the present Foreign
Service grievance system "is the single
best Federal sector system we know ? ? ?
well structured and for the most part
adequately responsive to the needs of the
parties."
The Grievance Board is working well
and meets in a fair and constructive
fashion the needs of management and
the employees.
In this regard, the composition of the
Board is exactly as the Senator from
North Carolina has said. But we also
should bear in mind that the list from
which the members are drawn is a nego-
tiated list, agreed upon by the organiza-
tions representing the employees.
When it comes to support, while the
AFGE supports this measure, it is rep-
resentative of only 2,000 employees; but
the American Foreign Service Associa-
tion, which supports the bill before the
Senate, represents some 11,000 people,
or almost six times as many in the For-
eign Service.
Also, we have to keep in mind the
rights of the individual, fairness to the
individual, as well as flexibility of as-
signment and the national interests of
the United States. Those really are
paramount.
One of the problems with the Bayh
approach is that a man or woman as-
signed to an unattractive post could
bring a grievance.
The whole idea of the Foreign Service
is that you go where you are assigned. It
is a disciplined service. There may be an
occasional unpleasantness in it, as there
may be in the military service; but, in
general, I believe the system works well
and fairly. Here, I speak with some ex-
perience, because I served in it for a
half-dozen years.
Mr. HELMS. Mr. President, I ask for
the yeas and nays.
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The PRESIDING OFFICER. Is there
a sufficient second? There is a sufficient
second. -
The yeas and nays were ordered.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment. On this question the yeas and nays
have been ordered.
Mr. HELMS. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. HELMS. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HELMS. Mr. President, I ask
unanimous consent to have printed in
the RECORD a statement from the Thomas
Legal Defense Fund.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
CRIPPLING THE FOREIGN SERVICE GRIEVANCE
PROCEDURE: THE PROPOSED FOREIGN SERVICE
ACT or 1980 (H.R. 6790/S. 3058)
INTRODUCTION
The United States Senate and the House
of Representatives are currently considering
a bill which, in part, would amend the ex-
isting grievance legislation for the Foreign
Service passed by the Congress in 1975. Writ-
ten by the Department of State as a new
"Foreign Service Act," H.R. 6790/S. 3058 has
already received committee action in each
House.
The "Foreign Service Grievance Act" (H.R.
7446/S. 2712), has also been introduced in
both Houses and contains grievance provi-
sions taken from the bill'which was reported
favorably by the Committee on Foreign Rela-
tions and passed by the Senate during the
Ninety-Second and Ninety-Fourth Con-
gresses. The Department has opposed chang-
ing its, bill to Incorporate the grievance
provisions of H.R. 7546/S. 2712.
The Thomas Legal Defense Fund was estab-
lished in 1970 when it became obvious that
judicial protection would be necessary to
secure the constitutional rights of officers
employed in the foreign affairs community.
Through Lindsay v. Kissinger, 367 F. Supp.
949 (D.D.C. 1973), the Fund won the land-
mark affirmation that fair hearing and due
process must be provided within the Foreign
Service. This decision eventually led to the
Department of State's acceptanle of griev-
ance legislation In 1975.
The Thomas Fund has consulted with at-
torneys familiar with current operations
under 'the Foreign Service grievance system
and has concluded that the provisions of
the proposed Foreign Service Act would sub-
stantially reduce the protections already
granted Foreign Service members under cur-
rent law. The Department's communications
to Congress and the foreign affairs commun-
ity avoid discussing these "take-away" pro-
visions. Since it has been the experience of
the Fund that Department officials are 'in-
clined to take advantage of any opportunity
presented by an ambiguous regulation or
statute, the officers of the Fund determined
that it is crucial to alert the foreign affairs
community to the changes made in exist-
ing law by the proposed Foreign Service
Act. Because the Bayh-Derrick bill has been
adopted in earlier Congresses by the Sen-
ate and is being offered as an alternative to
Chapter 10 of the proposed Foreign Service
Act, it is also discussed.
The Thomas Legal Defense Fund has had
this report prepared as part of its continu-
ing efforts to ensure that the Foreign Serv-
ice is treated in accordance with principles
of fairness and due process.
(Note: Other Interpretations exist to this
report's "worst case" analysis. If the griev-
ance changes survive Congressional scrutiny
and achieve passage, the Thomas Fund will
continue to press for the most favorable con-
struction of the new law.)
ANALYSIS
1. Confidence in the integrity of the griev-
ance board.
The heart of any effective mechanism for
resolving disputes is confidence in the integ-
rity of the entity deciding those disputes.
Under current law, all members of the For-
eign Service Grievance Board are appointed
with the approval of all of the foreign affairs
agencies and employee bargaining repre-
sentatives. Each employee representative now
has an absolute veto over the appointment
of each member to the Grievance Board.
H.R. 6790/8. 3058 would eliminate this
veto by the employee representative The
bill provides instead a striking procedure
whenever an agency fails to agree with a
representative on Board members. The strik-
ing procedure would In effect, allow the
agencies to appoint the members of the
Board, thereby undermining confidence in
the integrity of the Board and in the im-
partiality of its decisions.
Unlike most of the act, the grievance pro-
cedure would apply to the Departments of
Agriculture and Commerce.
Under the proposed striking procedure,
each agency( State, IDCA, USICA, Agricul-
ture, Commerce) and each employee bar-
gaining representative (AFSA, AFGE) would
nominate two people. The five agencies and
the two representatives would then alter-
nate in striking names from the list of nom-
inations. It thus appears that agencies
would first be allowed to "stack the' deck"
by nominating ten of the fourteen candi-
dates and then would get a second advan-
tage by being able to strike more names from
the stacked list than the representatives
could. In fact, the five agencies would be
able to eliminate all four candidates pro-
posed by the representatives on the first
round of the striking procedure. No justifi-
cation for this departure from a neutral
Grievance Board appears to have been pre-
sented by the bill's proponents.
The bill would also allow the Secretary to
remove unilaterally any member of the
Grievance Board for certain specified cause.
Under current law, neither the agencies nor
the representatives may remove a Board
member unilaterally.
H.R. 7546/3. 2712 would establish a "tri-
partite panel" with one member of the
Grievance Board appointed by agency man-
agement, one by the bargaining represent-
ative, and one by each of the other two
members from a roster agreed upon by the
Secretary and the bargaining representative.
Tri-partite panels are a common feature of
dispute resolution mechanisms for profes-
sional public servants.
2. Definition of grievance.
The proposed Foreign Service Act (H.R.
6790/S. 3058) appears to exclude from the
grievance procedure low-ranking decisions
by the selection boards. With the limitation
on time-in-class found in the Foreign Serv-
ice personnel system, improper low-ranking
can quickly result in an officer's being se-
lected out improperly. Thus, the legality and
validity of an initial low-ranking decision is
crucial to an officer's career.
Under current law, a low-ranking decision
must be accompanied by a statement of rea-
sons documented by the performance file.
Failure to comply with this and other re-
quirements can now be successfully chal-
lenged before the Grievance Board. The proc-
ess by which low-ranking decisions are made
is sufficiently imperfect that some officers
have even persuaded management officials at
the Department level to overturn low-rank-
ing decisions. The bill's proponents do not
appear to have offered any justification for
narrowing the scope of grievances from cur-
rent law and have neither identified nor
explained their proposed immunity for im-
proper and invalid low-ranking decisions.
The proposed act would also expressly al-
low the Department and a bargaining repre-
sentative to further restrict by agreement an
officer's statutory right to resolve a grievance.
As passed by the Senate in two earlier Con-
gresses, the proposed grievance bill (H.R.
7546/S. 2712) would expand the definition of
grievance to include' promotion decisions.
This bill also contains express coverage for all
violations of due process. All actions griev-
able under current law would continue to be
grievable under the expanded scope of griev-
ances in this bill. Although the Senate Com-
mittee on Foreign Relations added general
language to the prefatory section of S. 3058
urging that the Foreign Service be governed
by due process principles, the Committee did
not expand the bill's definition of grievance
to include due process violations specifically.
3. Freedom of action.
Under current law, a grievant is entitled
to have the grievance processed by a reason-
able number of representatives chosen by the
grievant. Some grievants have preferred to
avoid using lawyers and instead rely on a
couple of colleagues to be their represent-
atives. This practice has facilitated the thor-
ough and expeditious processing Of griev-
ances. The Fund knows of no general asser-
tion by the Department that excessive repre-
sentation has been sought under current law.
The House bill (H.R. 6790) would require
that a grievant be represented by the exclu-
sive bargaining agent for the bargaining unit
to which the employee belongs (AFSA' for
State and IDCA, AFGE or USICA). No longer
would the Foreign Service member be able
to choose his or her own representatives and
use the grievance procedure without the bar-
gaining agent. The Department's explana-
tion for this change included an erroneous
conclusion thaf such practice is common
elsewhere and omits the obvious reference to
5 V.S.C. 7114(a) (5) which grants to civil
servants using a statutory procedure the
right to select their own representative.
The Senate bill (S. 3058) would allow an
employee to choose a representative other
than the exclusive. bargaining agent, but its
language omits any reference to the "reason-
able number of representatives" found in
several sections- of the current law. This
omission could allow the Department to
claim that the existing right to a reasonable
number of representatives has been repealed.
4. Decisions of the board.
Under current law, certain, decisions of the
Board are not binding on the Department.
These decisions include those on reinstate-
ment, promotion, assignment, or disciplinary
action, and those providing remedial action
which is not stated specifically in the stat-
ute. The Department may ignore the Board
decision on these subjects if it claims that
the "needs of the Service" or that the "effi-
ciency of the Service" justifies such action.
Experience indicates that the Department is
quite willing to exercise this discretionary
right to reject third-party decisions.
The proposed act (H.R. 6790/3. 3058)
would eliminate both efficiency and the
needs of the service as grounds for rejecting
a Board decision. The bill would still allow
the Department to ignore a Board decision
if, in the opinion of the Department, the de-
cision was contrary to law or would adversely
affect foreign policy or national security. As
with access to written records (below), the
bill appears to leave the determination that
a decision is contrary to law solely with that
side in the dispute which had already been
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found by the Grievance Board to have en-
gaged in illegal or improper conduct.
The grievance bill (H.R. 7546/S., 2712)
specifies that only the Secretary himself may
reject a recommendation of the Grievance
Board, and then only for national security or
foreign policy reasons with full documenta-
tion required.
5. Access to written records.
Current law requires that the Department
supply a grievant with records which the
grievant requests and the Board believes are
relevant and material. If the head of the De-
partment or his deputy determines that dis-
closure would adversely affect foreign policy
or national security, access to the record Is
barred. The agency determination is final,
subject to judicial review.
The proposed act (H.R. 6790/S. 3058)
seems to provide the Department with addi-
tional rationales, and thus opportunities, for
refusing to 'disclose information even when
that information Is relevant to the grievance.
In allowing the Department to refuse to de-
cide whether disclosing particular informa-
tion is prohibited by law, the bill could be
Interpreted to give the Department uni-
lateral and final authority to determine
whether a grievant is entitled to access -to
agency documents.
The grievance bill (H.R. 7546/S. 2712)
would require the Department to furnish
the grievant with any document he requests
that the Board determines is relevant and
material. Where bona fide security concerns
exist, the bill directs the Department to
expedite necessary security clearances.
Currently, the Department too often
refuses to provide Information in a timely
fashion even when such information could
forestall a grievance. No bill addresses this
practice of delay and waste and expense it
causes.
CONCLUSION
The proposed Foreign Service Act would
radically alter the existing structure for
resolving grievance in the Foreign Service.
The legislation would deprive Service mem-
bers of the right to challenge Instances of
agency misconduct that are currently griev-
able. It would allow the agencies to appoint
the Grievance Board unilaterally. It would
then allow this agency-appointed entity to
further restrict the grievance procedure over
the objections of employee representatives.
All these changes depart from the well-
established principles governing the resolu-
tion of disputes.
State Department Officials drafted many
of these changes in oblique language. Since
the changes almost uniformly favor the
Department at the expense of the members
of the Foreign Service, and the Department
has not publicized their impact within the
foreign affairs community, the proposed
legislation must be seen as a covert attempt
to disrupt and dismantle the Foreign Serv-
ice grievance procedure.
Mr. HELMS. Mr. President, I am ready
to vote.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from North Caro-
lina. On this question the yeas and nays
have 'been ordered, and the clerk will
call the roll.
The assistant legislative clerk called
-the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from California (Mr.
CRANSTON), the Senator from Iowa (Mr.
CULVER), the Senator from New Hamp-
shire (Mr. DURKIN), the Senator from
Missouri (Mr. EAGLETON),' the Senator
from Ohio (Mr. GLENN), the Senator
from Massachusetts (Mr. KENNEDY), the
Senator from South Dakota (Mr. Mc-
GOVERN), the Senator from Wisconsin
(Mr. NELSON), the Senator from Georgia
(Mr. NUNN), the Senator from Missis-
sippi (Mr. STENNIS), the Senator from
Alabama (Mr. STEWART), the Senator
from Florida (Mr. STONE), and the Sen-
ator from Georgia (Mr. TALMADGE) are
necessarily absent.
Mr. STEVENS. I announce that the
Senator from Tennessee (Mr. BAKER) ;
the Senator from Arizona (Mr. GOLD-
WATER), the Senator from New York
(Mr. JAVITS), the Senator from South
Dakota (Mr. PRESSLER), and the Senator
from Texas (Mr. TOWER) are necessarily
absent.
I also announce that the Senator from
Vermont (Mr. STAFFORD) is absent on
official business.
The PRESIDING OFFICER. Are there
any other Senators wishing to vote?
The result was announced-yeas 36,
nays 45, as follows:
[Rollcall Vote No. 403 Leg.]
YEAS-36
Armstrong
Garn
Mathias
Baucus
Hatch
McClure
Bayh
Hatfield
Melcher
Bellmon
Heinz
Roth
Boschwitz
Helms
Sarbanes
Chafes
Humphrey
Sasser
Cochran
Jepsen
Schweiker
Cohen
Johnston
Simpson
DeConcini
Kassebaum
Stevens
Dole
Laxalt
Thurmond
Domenici
Levin
Wallop
Ford
Lugar
Zorinsky
NAYS 45
Bentsen
Hart -
Pell
Biden
Hayakawa
Percy
Boren
Heflin
Proxmire
Bradley
Hollings
Pryor
Bumpers
Huddleston
Randolph
Burdick
Inouye
Ribicoff
Byrd,
Jackson
Riegle
Harry F.. Jr.
Leahy
Schmitt
Byrd, Robert C. Long
Stevenson
Cannon
Magnuson
Tsongas
Chiles
Matsunaga
Warner
Church
Metzenbaum
Weicker
Danforth
Mitchell
Williams
Durenberger
Morgan
Young
Exon
Moynihan
Gravel
Packwood
NOT VOTING-19
Baker
Javits
Stennis
Cranston
Kennedy
Stewart
Culver
McGovern
Stone
Durkin
Nelson
Talmadge
'Eagleton
Nunn
Tower
Glenn
Pressler
Goldwater
Stafford
So. Mr. HELMS' amendment (UP No.
1574) was rejected.
AMENDMENT NO. 2304
(Purpose: To require the Secretary to notify
Congress of the number of Foreign Service
personnel assigned to positions higher or
lower than their personal rank)
Mr. HELMS. Mr. President, I call up
amendment No. 2304 and ask that it be
stated.
The PRESIDING OFFICER. The clerk
will report.
The legislative clerk read as follows:
The Senator from North Carolina (Mr.
HELMS) proposes an amendment numbered
2304.
Mr. HELMS. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
S 12521
On page 54, at the end of line 24, add
the following sentence: "The Secretary shall
notify Congress annually of the numbers of
Foreign Service personnel who are assigned
to positions classified more than one grade
higher or lower than the personal rank of
-'the Foreign Service member. The names and
grades of such personnel shall be transmitted
in a confidential manner to assure privacy
and to safeguard national security.".
Mr. HELMS. Mr. President, official
State Department figures furnished to
me by the Congressional Budget Office
show that at the present time the For-
eign Service has a total of 1,550 officers
in classes 1 and 2, but, according to
State's own classification system, there is
a need for only 1,236. That means that
there is an overcomplement of 314.
This information is more than double
the totals which I had been told be-
fore. That is a 25 percent overstaffing
in the upper ranks-counting by the De-
partment's own measurement. This
clearly shows that the selection-out
process is not working.
Moreover, this is based on a job-clas-
sification system of State's own devising.
I would suggest that an objective job-
classification system, such as has been
used throughout the government for 50
years, might come up with a different
measure.
Mr. President, this legislation (S. 3058)
requires that all jobs in the Foreign
Service be classified as to skill and other
job factors required. My amendment
would require the Secretary to inform
Congress annually of the numbers of
Foreign Service personnel who are as-
signed to positions classified more than
one grade higher or lower than the per-
sonal rank of the Foreign Service mem-
ber. The names of such personnel would
be transmitted on a confidential basis
to assure privacy and national security.
This, is just an amendment which
would enable Congress to keep better
check on the efficiency of the adminis-
tration of the Foreign Service. At the
moment we do not know whether a large
number or a small number of officers are
assigned to positions which are above or
below their grades and salary levels. I
think this information should be avail-
able to Congress on a regular basis, and
that is the purpose of this amendment.
Mr. President, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded- to call
the roll.
Mr. HELMS. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr.
TSONGAS). Without objection, it is so
ordered.
Mr. PELL. Mr. President, as I under-
stand this amendment, all it does, and
I aih reading the text, it requires:
The Secretary shall notify Congress annu-
ally of the numbers of Foreign Service per-
sonnel who are assigned to positions classi-
fied more than one grade higher or lower
than the personal rank of the Foreign Service
member. The names and grades of such per-
sonnel shall be transmitted in a confidential
manner to assure privacy and to safeguard
national security.
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CONGRESSIONAL RECORD -SENATE September 15, 1980
What this, amendment does is require
an annual report. I have discussed this
with my colleagues and the administra-
tion and believe it is an acceptable
,amendment. I ask that it be supported.
Mr. PERCY addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from Illinois.
Mr. PERCY: Mr. President, it is true
that most Foreign Service personnel are
assigned to positions identical to their
own personal rank, but somewhat more
members are serving above their personal
grade than below. I think that the
amendment, therefore, would be per-
fectly in order. There is no opposition at
all to submitting such a report. From this
side of the aisle, I know of no objection.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment of
the Senator from North Carolina (Mr.
HELMS).
The amendment (No. 2304) was agreed
to,
o Mr. BAUCUS. Mr. President, I rise in
support of S. 3058, the Foreign Service
Act of 1980, which is the bipartisan prod-
uct of several years of study and experi-
ence, and which is well-designed to
strengthen the Foreign Service of the
United States and the conduct of foreign
policy.
Events of recent years have vividly
demonstrated the need for a strong, pro-
fessional Foreign Service. The men and
women of our Foreign Service are called
upon to serve all over the world, often
under difficult or hostile conditions.
Their task is of vital importance to the
security of the United States and to the
cause of peace. The legislative basis for
the present-day Foreign Service goes
back to 1946; the world has changed
enormously since then, and so have the
demands on our Foreign Service people
operating on the front lines in carrying
out America's relations with other na-
tions-both friends and adversaries, rich
and poor.
I have examined the major provisions
structure of the Foreign Service abreast
of the times we now live in, it is an,ex-
cellent basis for the future development
of our professional Foreign Service. This
act delineates clearly the criteria char-
acterizing the Foreign Service and set-
ting it apart from the Civil Service, em-
phasizing the principle of availability for
assignment worldwide.
It provides for the highest standards
for initial hiring and for promotions and
assignments throughout the career, es-
tablishing a framework for thorough
training in foreign languages and the
many other skills of particular impor-
tance in the conduct of international-re-
lations. At the. same time, the present
legislation establishes a structure parallel
to that of the Civil Service in areas where
the two personnel systems are compat-
ible, such as in the establishment of a
Senior Foreign Service essentially similar
to the Senior Executive Service, and in
the commitment to Equal Employment
Opportunity.
The Foreign Service Act of 1980 will
set our Foreign Service on a sound foot-
ing for many years to come, while re-
solving areas of confusion and inequi-
ties that have crept in over the years
since passage of the 1946 act. It is ap-
propriate that in this year when members
of the Foreign Service have been sub-
jected to extreme risks, even of life and
liberty, that this body should manifest
by passage of this act its concern and
high regard for the men and women of
the Foreign Service and for the key role
they play in the conduct of foreign rela-
tions.
I congratulate the managers-of the
legislation, of both parties and in both
houses of Congress, for the excellent
work they have done in preparing this
act for our favorable consideration, and
I urge my colleagues to join me in voting
for its passage.O
o Mr. DOLE. Mr. President, the Sena-
tor from Kansas rises to speak today in
favor of S. 3058, the Foreign Service Act
of 1980. This is a piece of legislation long
overdue, and many years in the making.
Before addressing the merits of the bill,
however, I would like to add to the com-
ments of my colleagues in expressing ap-
preciation to the Senator from North
Carolina (Mr. HELMS) for his efforts on
this subject. The provisions of this bill,
which reform and consolidate the For-
eign Service legislation enacted since the
last comprehensive Foreign Service Act
of 1946, have been worked out carefully
over a period of years. Many com-
promises were required before the legis-
lation could reach this point of final
passage. The bill is complex, arcane in
many areas, and the result of numerous
hearings and studies, both by the Con-
gress and the State Department.
In my opinion of the Senator from
Kansas, Senator' HELMS has done the
Senate a signal service by subjecting the
committee bill to a final scrutiny. It is
necessary in a bill such as this to make
sure that the bill -as a whole carries out
the spirit and intent of its many parts.
many of his colleagues to review the
pending legislation with a sharper focus
than otherwise might be, the case, and I
thank the distinguished Senator from
North Carolina.
EQUITY IN PAY
One of the major revisions in this bill
is an attempt to make Foreign Service
officer (FSO) salary levels relate more
closely to other Government pay struc-
tures, while reflecting the extra hazards,
dangers, and material inconveniences
that being in the Foreign Service or our
Nation entails. As I have expressed be-
fore, the Foreign Service Reform Act is
the product of years of discussion and a
great deal of lobbying and compromise
this year. The House version passed 239
to 78. It has a very good and equitable pay
structure which addresses the inade-
quacies of the present situation, which
have occurred over the past several
years. The Senate version, is very simi-
lar; the major difference appears to be
the administration attempt to lower the
proposed adjustments in pay by using
nonspecific language in the Senate bill,
in the hope that a lower figure can be
reached as a compromise with the House
level in a conference.
The Foreign Service, like the military,
has been losing people particularly at the
midlevels, and suffers from low morale.
The FSO organization essentially claims
that the administration's pay structure
would equate Foreign Service salaries
with comparable Civil Service positions,
but not adequately take into account the
hazards of FSO careers and the expenses
and inconveniences of constant moving
overseas. It is estimated, for-instance,
that for every year served in subequatori-
al. Africa a Foreign Service officer can
expect a statistical decrease of several
years in life span due to chronic disease
or debilitating illness. It is the opinion of
the Senator from Kansas that a revision
in pay scale, particularly at the midlevels,
is long overdue.
SPOUSE RIGHTS
A major amendment, incorporated in
the Senate bill, is a provision to allow
former wives of FSO's who were unable
to pursue careers while accompanying
their spouses around the world, to collect
part of the pensions after a divorce. The
amount would be determined in court
during the divorce proceeding. There are
some who would delete this provision,
prefering to leave to the courts any de-
cision involving alimony and claiming
that the courts already have the power to
adjudicate the issue. This is not the case
in some States and leaves in many cases
the divorcee unprotected in the event the
FSO dies.
The Senator from Kansas feels the
wife of any American diplomat often
plays a vital role in representing the
United States in international relation-
ships. Frequently in the past she has
been expected to be knowledgeable of
the affairs of state, culture, language,
and social customs acceptable in the
country in which her spouse serves.
Countless hours have been devoted to the
community, all without payment of any
kind.
The time and talent diplomatic
wives have contributed to our Nation
should not be pushed aside, deminished,
nor forgotten due to the termination of
marriage. As our present laws now stand
she has little security against financial
disaster. Nor does she have protection
under present social security laws since
most often the Foreign Service wife is
not permitted to pursue her own career
while overseas. The passage of this bill
will update and strengthen our laws as
well as assure and provide the former
wives with adequate financial protection
upon dissolution of the marriage.
In summary, Mr. President, I believe
this bill represents progress in modern-
izing the Foreign Service while building
on the foundations of our postwar
tradition of bipartisan foreign policy,
administered by a nonpartisan Foreign
Service officer corps. The widespread
consensus among U.S. diplomats-and I
might add that the last three Secretaries
of State, at least, support this bill, cover-
ing both Republican and Democratic ad-
ministrations-seems to favor the pres-
ervation of the Foreign Service as a
separate, special designed corps. This
legislation recognizes this long-term de-
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September 15, 1980 CONGRESSIONAL RECORD-SENATE
velopment and through its changes on
pay and other matters, will hopefully add
to its future stability and excellence.?
The PRESIDING OFFICER. Who
yields time?
Mr. HELMS. Third reading.
Mr. PELL. Mr. President, I suggest
third reading.
The PRESIDING OFFICER. The bill
is before the Senate and open to further
amendment. If there be no further
amendment to be proposed, the question
is on the engrossment and third read-
ing of the bill.
The bill was ordered to be engrossed
for a third reading and was read the
third time.
Mr. PELL. Mr. President, I ask unani-
mous consent that the Senate proceed
to the consideration of H.R. 6790.
The PRESIDING OFFICER. The clerk
will state the bill by title.
The legislative clerk read as follows:
A bill (H.R, 6790) to promote the foreign
policy of the United States by strengthening
and improving the Foreign Service of the
United States, and for other purposes.
The PRESIDING OFFICER. Without
objection, the Senate will proceed to the
consideration of the bill.
The Senate proceeded to consider the
bill.
Mr. PELL. Mr. President, I move to
strike out all after the enacting clause
of H.R. 6790 and substitute therefor the
text of S. 3058, as amended.
The PRESIDING OFFICER. Is there
objection to the motion? If not, the mo-
tion is agreed to.
The question is on the engrossment of
the amendment and the third reading of
the bill.
The amendment was ordered to be en-
grossed and the bill to be read a third
time. .
The bill was read the third time.
The PRESIDING OFFICER. The bill,
having been read the third time, the
question is, Shall it pass?
The bill (H.R. 6790) was passed, as fol-
lows :
H.R. 6790
Resolved, That the bill from the House of
Representatives (H.R. 6790) entitled "An Act
to promote the foreign policy of the United
States by strengthening and improving the
Foreign Service of the United States, and
for other purposes", do pass with the fol-
lowing amendment:
Strike out all after the enacting clause and
insert:
SECTION 1. SHORT TrrLE: 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:
TABLE OF CONTENTS
Sec. 1. Short title.
,Seca 2. Table of contents
TITLE I-THE FOREIGN SERVICE OF THE
UNITED STATES
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 princlple5; 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 For-
eign Service personnel system.
Sec. 203: Compatibility among agenices uti-
lizing the Foreign Service per-
sonnel system.
Sec. 204. Consolidated and uniform admin-
istration of the Service.
Sec. 205. Compatibility between the Foreign
Service and other Government
personnel systems.
Sec. 206. Regulations; delegation of func
tions.
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 ap-
pointments.
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. 308. 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 commis-
sions. ;
CHAPTER 4-COMPENSATION
Sec. 401. Salaries of chiefs of mission,
Sec. 402. Salaries of the Senior Foreign Serv-
ice.
Sec. 403. Foreign 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 per-
sonnel abroad who perform
routine duties.
Sec. 408. Local compensation plans.
Sec. 409. Salaries of consular agents.
Sec. 410. Compensation for imprisoned for-
eign national employees.
Sec. 411. Temporary service as principal
officer.
Sec. 412. Special differentials and premium
pay.
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, interna-
tional organizations, and other
bodies.
Sec. 504. Service in the United States and
abroad.
Sec. 505. Temporary details.
CHAPTER 6-PROMOTION AND RETENTION
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 per-
formance.
Sec. 609. Retirement benefits.
Sec. 610. Separation for cause.
Sec. 611. Termination of limited appoint-
ments.
Sec. 612. Termination of appointments of
consular agents and foreign na-
tional employees.
Sec. 613. Foreign Service Awards.
',S 12529
CHAPTER 7-FOREIGN SERVICE INSTITIITE,
CAREER DEVELOPMENT, TRAINING, AND
ORIENTATION
Sec. 701. Foreign Service Institute.
Sec. 702. Foreign language requirements.
Sec. 703. Training authorities.
Sec. 704. Training grants.
Sec. 705. 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.
S.ec 804. Definitions.
Sec. 805. Contributions to the Fund.
Sec. 806. Computation of annuities.
Sec. 807. Payment of annuity.
Sec. 808. Retirement for disability or in-
capacity.
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 un-
healthful posts.
Sec. 818. Estimate of appropriations needed.
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 conrtibutions.
'Sec. 826. Cost-of-living adjustments of an-
nuities.
Sec. 827. Compatibility between civil serv-
ice and Foreign Service retire-
ment systems.
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. D efinitions.
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 prac-
tices.
Sec. 1017. Standards of conduct for labor
organizations.
Sec. 1018 Administrative provisions.
CHAPTER 11-GRIEVANCES
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.
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S 12524 CONGRESSIONAL RECORD-SENATE September 15, 1980
TITLE II-TRANSITION, AMENDMENTS TO
OTHER LAWS, AND MISCELLANEOUS
PROVISIONS
CHAPTER 1-TRANSITION
Sec. 2101. Pay and benefits pending conver-
sion.
Conversion to the Foreign Service
Schedule.
Conversion to the Senior Foreign
Service.
Conversion
Service.
Sec. 2105. Conversion of certain positions in
the Department of Agriculture.
Sec. 2106. Preservation of status and bene-
fits.
Sec. 2107. Regulations.
Sec. 2108. Authority of other agencies.
CHAPTER 2-AMENDMENTS RELATING TO FOR-
EIGN AFFAIRS AGENCIES
Sec. 2201. Basic authorities of the
ment of State.
Sec. 2202. Peace Corps Act.
Sec. 2203. Foreign Assistance Act.
Sec. 2204. Arms Control and Disarmament
Act.
Sec. 2205. Repealed provisions.
Sec. 2206. Other conforming amendments.
Sec. 2207. Retirement for Binational Center
employees.
CHAPTER 3-AMENDMENTS TO TITLE 5, UNITED
STATES CODE
Sec? 2301. Reemployment rights.
Sec. 2302. Salary for ambassadors at large.
Sec. 2303. Advances of pay incident to de-
partures from posts abroad.
Sec. 2304. Premium pay.
Sec. 2305. Severance pay.
Sec. 2306. Attorneys fees in backpay cases.
Sea. 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.
Sec. 2314. Conforming amendments to title
5.
Sec. 2315. Retirement
service.
people, aware of the principles and history
of the United States and informed of current
concerns and trends in American life, knowl-
edgeable.of the affairs, cultures, and lan-
guages of other countries, and available to
serve in assignments 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 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 perform-
ance;
(2) fostering the development and vigor-
ous implementation of policies and proce-
dures, including affirmative action programs,
which will facilitate and encourage (A) en-
try Into and advancement in the Foreign
Service by persons from all segments of
American society, and (B) equal opportu-
nity and fair and equitable treatment for all
without regard to political affiliation, race,
color, religion, national origin, sex, marital
status, age; or handicapping condition;
(3) providing for more efficient, econom-
ical, and equitable personnel administration
through a simplified structure of Foreign
Service personnel categories and salaries;
(4) establishing a statutory basis for par-
ticipation by the members of the Foreign
Service, through their elected representa-
tives, in the formulation of personnel poli-
cies and procedures which affect their condi-
tions of employment, and maintaining a fair
and effective system for the resolution of in-
dividual grievances that will insure the
fullest measure of due process for the mem-
bers of the Foreign Service;
(5) minimizing the impact of the hard-
ships, disruptions, and other unusual condi-
tions 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 for-
mulation 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 personnel sys-
tems of the Government; and
(10) otherwise enabling the Foreign Serv.-
ice to serve effectively the interests of the
CHAPTER 4--SAVING PROVISIONS, CONGRES-
SIONAL OVERSIGHT, AND EFFECTIVE DATE
Sec. 2401. Saving provisions.
Sec. 2402. Congressional oversight
mentation.
Sec. 2403. Effective date.
TITLE I-THE FOREIGN SERVICE OF THE
UNITED STATES
CHAPTER 1-GENERAL PROVISIONS
SEC. 101. FINDINGS AND OBJECTIVES: (a)
The Congress finds that-
(1) a career foreign service, characterized
by excellence and professionalism, is essen-
tial in the national Interest to assist the
President and the Secretary of State in con-
ducting the foreign affairs of the United
States;
(2) the scope and complexity of the for-
eign 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
and that can provide a resource of qualified
personnel for the President, the Secretary of
State, and the agencies concerned with for-
eign affairs;
(3) the Foreign Service of the United
States, established under the Act of May 24,
1924 (commonly known as the Rogers Act)
and continued by the Foreign Service Act of
1946, must be preserved, strengthened, and
Improved in order to carry out its mission
effectively in response to the complex' chal-
lenges of modern diplomacy and interna-
tional relations;
(4) the members of the Foreign Service
should be representative of the American
United States and to provide the highest
caliber of representation in the, conduct of
foreign affairs.
SEC. 102. DEFINITIONS.-(a) As used in this
Act, the term-
(1) "abroad" means all areas not included
within the United States;
(2) "agency" 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 re-
spect to another agency authorized by law
to, utilize the Foreign Service personnel sys-
tem, such term means that other agency;
(5) "employee" (except as provided in sec-
tion 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 commis-
sioned corps of the Public Health Service, or
the commissioned corps of the National
Oceanic and Atmospheric Administration;
(6) "function" includes any duty, obliga-
tion, 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 diplomatic mission, consular mis-
sion (other than a consular agency), or other
Foreign Service post;
(10) "Secretary" means the Secretary of
State, except that (subject to section 201(b) )
with reference to the exercise of functions
under this Act with respect to any agency
authorized by law to utilize the Foreign Serv-
ice 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 geo-
graphic 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 officers.
SEC. 103. MEMBERS OF THE SERVICE: The fol-
lowing are the members of the Service:
(1) Chiefs of mission, appointed under sec-
tion 302 (a) (1) or assigned under section
502(c).
(2) Ambassadors at large, appointed un-
der section 302(a) (1).
(3) Members of the Senior Foreign Serv-
ice, 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 un-
der section 302(a)(1). who have general re-
sponsibility 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, technical,
fiscal, and other support at Foreign Service
posts abroad.
(7) Consular agents, appointed under sec-
tion 303 by the Secretary of State, who pro-
vide consular and related services as au-
thorized by the Secretary of State at speci-
fied locations abroad where no Foreign Serv-
ice posts are situated.
SEC. 104. FUNCTIONS OF THE SERVICE
Members of the Service shall, under the di-
rection of the Secretary-
(1) represent the interests of the United
States in relation to foreign countries and in-
ternational organizations, and perform the
functions relevant to their appointments and
assignments, including (as appropriate)
functions under the Vienna Convention on
Diplomatic Relations, the Vienna Conven-
tion on Consular Relations, other interna-
tional agreements to which the United States
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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 programs 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 Government establishment
(including any establishment in the legisla-
tive or judicial branch) requiring their serv-
ices.
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 appli-
cants for career candidate appointments)
shall be made in accordance with merit prin-
ciples.
(2) For purposes of paragraph (1), the
term "personnel action" means-
(A) any appointment, promotion, assign-
ment (including assignment to any position
or salary class), award of performance pay or
special differential, within-class salary in-
crease, separation, or performance evalua-
tion, and
(B) any decision, recommendation, exam-
ination, 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 en-
sure 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, marital
status, or political affiliation, 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 mem-
ber or applicant which the member or ap-
plican reasonably believes evidences-
(I) a violation of any law, rule, or regu-
lation, 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 pro-
hibited by law and if such information is not
specifically required by Executive order to
be kept secret in the interest of national de-
fense or the conduct of foreign affairs; or
(B) a disclosure to the Special Counsel of
the Merit Systems Protection Board, or to
the Inspector General of an agency (iriclud-
ing 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 disclosures, of infor-
mation which the member or applicant rea-
sonably believes evidences-
(I) a violation of any law, rule, or regu-
lation, or
(li) mismanagement, a gross waste of
funds, an abuse of authority, or a substan-
tial and specific danger to public health or
safety;
(3) are free to submit to officials of the
Service and the Department any report, eval-
uation, d? 'recommendation, including the
right to submit such report, evaluation, or
recommendation through a separate dissent
channel, whether or not the views expressed
therein are in accord with approved policy,
unless the report, evaluation, or recom-
mendation was submitted with the knowl.
edge that it was false or with willful dis-
regard 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 withholding of information
from the Congress or the taking of any ac-
tion against a member of the Service who
disclose information to the Congress.
(d) (1) The Secretary shall' establish a mi-
nority recruitment program 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 Sec-
retary, on the activities of the. Secretary un-
der 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 necessary to evaluate the effective-
ness of the program under paragraph (1) for
the preceding fiscal year, together with rec-
ommendations for administrative or legisla-
tive action the Secretary considers appro-
priate.
(e) This section shall not be construed to
extinguish or lessen any effort to achieve
equal employment opportunity through af-
firmative action or any right or remedy avail-
able to any employee or applicant for em-
ployment in the civil service under-
(1) section 717 of the Civil Rights'Act of
1964 (42 U.S.C. 2000e-16), prohibiting dis-
crimination on the basis of race, color, reli-
gion, sex, or national origin;
(2) sections 12 and 15 of the Age Discrim-
ination in Employment Act of 1967 (29 U.S.C.
631, 633a), prohibiting discrimination on the
basis of age;
(3) section 6(d) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(d)), prohi-
biting discrimination on the basis of sex;
(4) sections 501 and 505 of the Rehabili-
tation Act of 1973 (29 U.S.C. 791, 794a), pro-
hibiting discrimination on the basis of hand-
icapping condition; or
(5) any provision of law, rule, or regula-
tion prohibiting discrimination on the basis
of marital status or political affiliation,
CHAPTER 2-MANAGEMENT OF THE SERVICE
SEC. 201. THE SECRETARY OF STATE.-r(R)
Under the direction of the President, the
Secretary of State shall administer and di-
rect the Service and shall coordinate its ac-
tivities 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 PERSONNEL SYSTEM-(a) (1)
The Director of the International Communi-
cation Agency and the Director of the United
States International Development Coopera-
tion Agency may utilize the Foreign Service
personnel system with respect to their re-
spective agencies in accordance with this
Act.
(2) The Secretary of Agriculture may util-
ize the Foreign Service personnel system in
accordance with this Act-
(A) with respect to personnel of the For-
eign Agricultural Service, and
(B) with respect to personnel of the De-
partment of Agriculture to the extent the
President determines to be necessary in or-
der to enable the Department of Agriculture
to carry out functions which require service
abroad.
(3) The Secretary of Commerce may util-
ize the Foreign Service personnel system in
accordance with this Act-
(A) with respect to the personnel per-
forming functions transferred to the De-
partment of Commerce from the Department
of State by Reorganization Plan Number 3
of 1979, and
(B) with'-respect to other personnel of the
Department of Commerce to the extent- the
President determines to be necessary in or-
der to enable the Department of Commerce
to carry out functions which require service
abroad.
812525
(b) Subject to section 201(b)-
(1) the agency heads referred to in sub-
section (a), and
(2) the head of any other agency (to the
extent authority to utilize the Foreign Serv-
ice 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 Secre-
tary by this Act.
SEC. 203. COMPATIBILITY AMONG AGENCIES
UTILIZING ,THE FOREIGN SERVICE PERSONNEL
SYSTEM-(a) The Service shall be admin-
istered 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 con-
strued 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 AD-
MINISTRATION OF THE SERVICE: The Secretary
shall on a continuing basis consider the need
for uniformity of personnel policies and pro-
cedures 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 encour-
age (in consultation with the other heads of
such agencies) the development of uniform
policies ar(d procedures and consolidated per-
sonnel functions.
SEC. 205. COMPATIBILITY BETWEEN THE
FOREIGN SERVICE AND OTHER GOVERNMENT
PERSONNEL SYSTEMS: The Service shall be
administered to the extent practicable in
conformity with general policies and regula-
tions 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 Government personnel systems to
the extent practicable.
SEC. 206. REGULATIONS; DELEGATION OF
FUNCTIONS.-(a) The Secretary may prescribe
such regulations as the Secretary deems
appropriate to carry out functions under this
Act.
(b) The Secretary may delegate functions
under this Act which are vested in the Secre-
tary to any employee of the Department or
any member of the Service.
SEC. 207. CHIEF OF MISSION-(a) Under the
direction of the President, the chief of mis-
sion to a foreign country-
(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
directives of the chief of mission.
(3) shall submit a report describing the
foreign language competence of the chief of
mission and the mission staff in .$he principal
language or other dialect of the country to
the chairmen of the Senate Foreign Relations
and House Foreign Affairs Committees with-
in six months of assuming the post.
(b) Any agency having employees in a
foreign country shall keeo the chief of mis-
sion to that country fully and currently
informed with respect to all activities and
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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 ap-
pointed 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. INSPECTOR GENERAL.-(a) (1)
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 quali-
fled for the position by virtue of their
integrity, and their demonstrated ability in
accounting,, auditing, financial analysis, law,
management analysis, public administration,
investigations, or their knowledge and experi-
ence in the conduct of foreign affairs. The
Inspector General shall report to and be
under the general supervision of the Secre-
tary 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 Inspector 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 per-
form such other functions as the Secretary
of State may prescribe, except that the Sec-
retary of State shall not assign to the In-
spector General any general program operat-
ing 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 direct of the In-
spector General shall include the systematic
review and evaluation, of the administration
of activities and operations of Foreign Serv-
ice posts and bureaus and other operating
units of the Department of State, Including
an examination of-
(1) whether financial transitions and ac-
counts are properly conducted, maintained,
and reported;
(2) whether resources are being used and
managed with the maximum degree of ef-
ficiency, effectiveness, and economy;
(3) whether the administration of activ-
ities. and operation meets the requirements
of applicable laws and regulations and, spe-
cifically, whether such administration is
consistent with the requirements of sec-
tion 105;
(4) whether there exist instances of fraud
or other serious problems, abuses, or de-
ficiencies, 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, de-
velop and implement policies and proce-
dures for the inspection and audit activities
carried out under this section. These pol-
icies and procedures shall be consistent with
the general policies and guidelines of the
Government for inspection and audit ac-
tivities 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 re-
sponsibilities 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 re-
sponsibilities established under this section,
the Inspector General shall report expedi-
tiously to the Attorney General whenever
the Inspector General has reasonable
grounds to believe there has been a violation
of Federal criminal law.
(d) (1) The Inspector General shall keep
the Secretary of State fully and currently
informed, by means of the reports required
by paragraphs (2) and (3) and otherwise,
concerning fraud and other serious prob-
lems, abuses, and deficiencies relating to the
administration of activities and operations
administered or financed by the Department
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 in-
clude-
(A) a description of significant problems,
abuses, and deficiencies relating to the ad-
ministration 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 Gen-
eral 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 subpara-
graph (A);
(C) an identification of each significant
recommendation described in previous an-
nual reports on which corrective action has
not been completed;
(D) a summary of matters refered to pros-
ecutive authorities and! the prosecutions
and convictions which have resulted; and
(E) a listing of each audit report com-
pleted by the Inspector General during 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 Represent-
atives and to other appropriate committees,
together with a report of the Secretary of
State containing any comments which the
Secretary of State deems appropriate. With-
in 60 days after transmitting such reports
to those communities, the Secretary of state ,
shall make copies of them available to the
public request and at a, reasonable cost.
(3) The Inspector General shall report im-
mediately to the Secretary of State whenever
the Inspector General becomes aware of
particularly serious or flagrant problems,
abuses, or deficiencies relating to the admin-
istration of activities and operations of For-
eign Service posts or bureaus or other operat-
ing units of the Department of State. The
Secretary of State shall transmit any such
report to the Committee on Foreign Rela-
tions of the Senate and the Committee on
Foreign Affairs of the House of Representa-
tives and to other appropriate committees
within 7 days after receiving it, together
with a report by the Secretary of State
containing any comments the Secretary of
State deems appropriate.
(4) Nothing in this subsection shall be
construed to authorize the public disclosure
by any individual of any information which
(A) specifically prohibited from disclosure
by any other provision of law; or
(B) specifically required by Executive or-
der to be kept secret in the interest of na-
tional 'defense or the conduct of foreign
affairs.
(e) (1) The Inspector General shall have
the same authority in carrying out the pro-
visions of this section as is granted under
section 6 of the Inspector General Act of
1978 to each Inspector General of an estab-
lishment (as defined in section 11(2) of such
Act) for carrying out the provisions of that
Act, and the responsibilities of other officers
of the Government to the Inspector General
shall be the same as the responsibilities of
the head of an agency or establishment under
section 6(b) and (c) of such Act.
(2) At the request of the Inspector Gen-
eral, employees of the Department and mem-
bers of the Service may be assigned as em -
ployees of the Inspector General. The individ-
uals so assigned and individuals appointed
pursuant to paragraph (1) shall be respon-
sible solely to the Inspector General, and the
Inspector General or his or her designee shall
prepare the performance evaluation reports
for such individuals.
(f) (1) The Inspector General may receive
and investigate complaints or information
from a member of the Service or employee
of the Department concerning the possible
existence of an activity constituting a viola.
tion of laws or regulations, constituting mis-
management, gross waste of funds, or abuse
of authority, or constituting a substantial
and specific danger to public health or safety.
(2) The Inspector General shall not, after
receipt of a complaint or information from
a member of the Service or employee of the
Department, disclose the identity of such in-
dividual without the consent of such Individ-
ual, unless the Inspector General determines
such disclosure is unavoidable during the
course of the investigation.
(g) Under the general supervision of the
Secretary of State, the Inspector General may
review activities and operations performed
under the direction, coordination, and su-
pervision of chiefs of mission for the purpose
of ascertaining their consonance with the
foreign policy of the United States and their
consistency with the responsibilities of the
Secretary of State and the chief of mission.
SEC. 210 BOARD OF THE FOREIGN SERVICE:
The President shall establish a Board of the
Foreign Service to advise the Secretary of
State on matters relating to the Service. in-
cluding furtherance of the objectives of
maximum compatibility among agencies au-
thorized by law to utilize the Foreign Service
personnel system and compatibility between
the Foreign Service personnel system and the
other personnel 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 repre-
sentatives of the Department of State, the
International Communication Agency, the
United States International Development Co-
operation Agency, the Department of Agricul-
ture, the Department of Commerce, the De-
partment 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 OP EXAMINERS FOR THE
FOREIGN SERVICE-(a) The President shall
establish a Board of Examiners for the For-
eign Service to develop, and supervise the ad-
ministration of, examinations prescribed
under section 301(b) to be given to candi-
dates for appoinment 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
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training in the fields of testing or equal
employment opportunity). The Board shall
include representatives of agenices 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 peri-
odically review the examinations 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 ad-
verse 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 re-
port 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 pre-
scribed 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.
e
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 em-
ployee.
(b) The Secretary shall prescribe, as ap-
propriate, written, oral, physical, foreign
language, and other examinations for ap-
pointment to the Service (other than as a
chief of mission or ambassador at large).
(c) The fact that an applicant for appoint-
ment as a Foreign Service officer candidate
is a veteran or disabled veteran shall be con-
sidered an affirmative factor in making such
appointments. As used in this subsection, the
term "veteran or disabled veteran" means an
individual who is a preference eligible under
subparagraph (A), (B), or (C) of section
2108(3) of title 5, United States Code.
(d) (1) Members of the Service serving
under career appointments are career mem-
bers of the Service. Members of the Service
serving under limited appointments are
either career candidates or noncareer mem-
bers of the Service.
(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 am-
bassador at large, as a minister, as a career
member of the Senior Foreign Service, or as
a Foreign Service officer.
(2) (A) The President may, by and with
the advice and consent of the Senate, confer
the personal rank of career ambassador upon
a career member of the Senior Foreign Serv-
ice in recognition of especially distinguished
service over a sustained period.
(B) No person shall be designated as am-
bassador or minister, or be designated to
serve in any position with the title of am-
bassador or minister, unless that person is
appointed as an ambassador or minister with
the advice and consent of the Senate or in
accordance with clause 3, section 2, of article
II of the Constitution relating to recess ap-
pointments, except in accordance with this
subparagraph. The personal rank of ambassa.
dor or minister may be conferred by the
President in connection with special missions
for the President of an essentially limited
and temporary nature of not exceeding 6
months: Provided, That the President, 30 days
prior to conferring such rank, reports in
writing to the Commitee on Foreign Rela-
tions of the Senate his intent to confer such
rank, the necessity for conferring it, the dates
during which the rank shall be held, and
the justification for not submitting the nom-
ination for Senate advice and consent prior
to such appointment, and transmits there-
with all materials relating to any potential
conflict of interest relevant to such person.
(C) An individual upon whom a personal
rank is conferred under subparagraph (A) or
(B) shall not receive any additional com-
pensation solely by virtue of such personal
rank. -
(b) If a member of the Service is appointed
to any position in the 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 as-
signment under chapter 5 and the member
shall not, by virtue of the acceptance of such
assignment, lose his or her status as a mem-
ber of the Service. A member of the Senior
Foreign Service who accepts such an assign-
ment may elect to continue to receive the
salary of his or her salary class, to remain
eligible for performance pay under chapter
4, and to receive the leave to which such
member is entitled under 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 (if any)
of the position to which the member is ap-
pointed by the President.
SEC. 303. APPOINTMENTS BY THE SECRE-
TARY.-The Secretary may appoint the mem-
bers of the Service (other than the members
of the Service who are in the personnel cate-
gories specified in section 302(a)) in accord.
ance with this Act and such regulations as
the Secretary may prescribe.
SEC. 304. APPOINTMENT OF CHIEFS OF MIS-
81oN.-(a) (1) An individual appointed or
assigned to be a chief of mission should
possess clearly demonstrated competence to
perform the duties of a chief of mission, in-
cluding, to the maximum extent practicable,
a useful knowledge of the principal language
or dialect of the country in which the indi-
vidual is to serve, and knowledge and under-
standing of the history, the culture, the eco-
nomic 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 mem-
bers 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 Com-
mittee on Foreign Relations of the Senate,
with each nomination for a chief of mission
position, a report on that nominee's demon-
strated competence to perform the duties of
chief of mission in the country in which he
or she is to serve.
(b) (1) In order to assist the President in
selecting qualified candidates for appoint.
ment or assignment as chiefs of mission, the
Secretary of State shall from time to time
furnish the President with the names of
career members of the Service who are quali-
fied 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 mission, ambassa.
dor at large, or minister shall, at the time of
nomination, file with the Committee on
Foreign Relations of the Senate and the
Speaker of the House of Representatives a
report of contributions made by such indi-
212527
vidual and by members of his or her imme-
diate family during the period beginning on
the first day of the fourth calendar year
preceding the calendar year of the nomina-
tion and ending on the date of the nomina-
tion. The report shall be verified by the oath
of the nominee, taken before any individual
authorized to administer oaths. The chair-
man of the Committee on Foreign Relations
of the Senate shall have each such report
printed in the Congressional Record. As used
in this paragraph, the term "contribution"
has the same meaning given such term by
section 301(8) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 431(8)), and the
term "immediate family" means the spouse
of the nominee, and any child, parent,
grandparent, brother, or sister of the nom-
inee and the spouses of any of them.
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.
(b) An individual may not be given a
limited appointment in the 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, ex-
cept 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 limmted
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.
SEC. 306. CAREER APPOINTMENTS-(a) Be-
fore 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 serv-
ice, 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.
(b) Decisions by the Secretary under sub-
section (a) shall be based upon the recom-
mendations of boards, established by the
Secretary 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.
SEC. 307. ENTRY LEVELS FOR FOREIGN SERV-
ICE OFFICER CANDIDATES. -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 In-
dividual case that assignment to a higher
salary class is warranted because of the quali-
fications and experience of the candidate.
foreign language competence 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 receiv-
ing a salary at a rate equal to or higher than
the minimum rate ,payable for class 4 in the
Foreign Service Schedule.
SEC. 308. RECALL AND REEMPLOYMENT OF
CAREER MEMBERS.-(a) Whenever the Secre-
tary determines that the needs of the Serv-
ice 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 re-
tirement. A retired career member may be re-
called 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 serv-
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CONGRESSIONAL RECORD - SENATE September 15, 1980
ing at the time of retirement unless ap-
pointed 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 experience of the in-
dividual being reappointed.
SEC. 309. LIMITED APPOINTMENTS.-A lim-
ited appointment in the Service, including an
appointment of an individual who is an em-
ployee of an agency, may not exceed 5 years
in duration end, except as provided in sec-
tion 311(a) , may not be extended or removed.
A limited appointment in the Service which
is limited by its terms to n period of one
year or less is a temporary appointment.
SEC. 310. REEMPLOYMENT RIGHTS FOLLOWING
LIMITED APPOINTMzNT.-Any employee of an
agency who accepts a limited appointment
in the Service with the consent of the head
of the agency in which the employee is em-
ployed shall be entitled, upon the termina-
tion of such limited appointment, to be re-
employed in accordance with section 3597 of
title 5, United States Code.
SEC. 311. EMPLOYMENT OF FAMILY MEMRERS
OF GOVERNMENT EMPLOYEES: (a) The Secre-
tary, when employing individuals abroad in
positions to which career members of the
Service are not customarily assigned 4includ-
ing, when continuity over a long term is not
a significant consideration, vacant positions
normally filled by foreign national em-
ployees), shall give equal consideration to
employing available qualified family mem-
bers of members of the Service or of other
Government employees assigned abroad.
Family members so employed shall serve un-
der 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 sec-
tion 408.
(b) Employment of family members in ac-
cordance with this section may not be used
to avoid fulfilling the need for full-time
career positions.
(o) The Secretary of State shall prescribe
regulations governing the employment at
Foreign Service posts abroad of family mem-
bers of Government employees by all agencies
and other Government establishments (in-
cluding establishments in the legislative or
judicial branch).
SEC. 312. DIPLOMATIC AND CONSULAR COM-
MISSIONS.-(a) The Secretary 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 con-
sular 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 section 302(b),
each chief of mission shall receive a salary,
as determined 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 S. United States
Code.
(b) The salary of a chief of mission shall
commence upon the effective date of appoint-
ment 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 Secretary 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 in-
terest of the Government.
SEC. 402. SALARIES OF 'nix SENIOR FOREIGN
SERvxcE.-(a) The President shall prescribe
salary clases for the Senior Foreign Service
and shall prescribe an appropriate title for
each class. Basic salary rates for the Senior
Foreign Service may not exceed the maxi-
mum 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 Ex-
ecutive Service.
(b) (1) An individual who is a career ap-
pointee in the Senior Executive Service re-
ceiving basic pay at one of the rates payable
under section 5382 of title 5, United States
Code, and who accepts a limited appoint.
ment in the Senior Foreign Service in a sal-
ary 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 per-
cent of each adjustment, which takes effect
after the oppointment 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, United States
Code, immediately prior to such appoint-
ment.
SEC. 403. FOREIGN SERVICx SCHEDULE: The
President shall establish 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
designated class 1, may not exceed the maxi-
mum rate of basic pay payable for OS-15 of
the General Schedule under section 5332 of
title 5, United States Code. Salary rates es-
tablished under this section shall be adjusted
in accordance with subchapter 1 of chapter
53 of title 5, United States Code.
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 em-
ployees paid in accordance with a local com-
pensation plan established under section
408) to appropriate salary classes in the For-
eign Service Schedule.
(b) (1) The salary class to which a member
of the Service is assigned under this section
shall not be nlectcd by the assignment of
the member to a position classified under
chapter 5.
(2) Except as authorized by subchapter I
of chapter 35 of title 5, 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 accordance with chapter 6. The Secretary
shall prescribe regulations (which shall be
consistent with the relevant provisions of
subchapter VI of chapter 53 of title 5, United
States Code, and with the regulations pre-
scribed to carry out such provisions) provid-
ing for retention of pay by members of the
Service in cases in which reduction-in-force
procedures are applied.
SEC. 405. PERFORMANCE PAY.-(a) Members
of the Senior Foreign Service who are serv-
ing-
(1) under career or career candidate ap-
pointments, or
(2) under limited appointments with re-
employment rights under section 310 as ca-
reer appointees in the Senior Executive Serv-
ice,
shall be eligible to compete for performance
pay in accordance with this section- Perform-
ance pay shall be paid in a lump sum and
shall be in addition to the basic salary pre-
scribed 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 ex-
ceeding the compensation of any other mem-
ber 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 perform-
ance awards under section 5384 of title S.
United States Code, and rank awards under
section 4507 of title 5, United States Code.
Awards of performance pay under this sec-
tion shall be subject to the following liml-
tations:
(1) Not more than 50 percent of the mem-
bers of the Senior Foreign Service may re-
ceive performance pay in any fiscal year.
(2) Except as provided in paragraph (3),
performance pay for a member of the Sen-
ior Foreign Service may not exceed 20. per-
cent 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 percent-
age limitation specified in paragraph (2).
Payments under this paragraph to a mem-
ber 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
gear 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 Serv-
ice may not exceed the salary payable for
level I of the Executive Schedule under sec-
tion 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 performance
pay to particular individuals on the basis
of recommendations by boards established
under section 602.
(d) The President may grant awards of
performance pay under subsection (b) (3)
on the basis of annual recommendations by
the Secretary of State of members of the
Senior Foreign Service who are nominated
by their agencies as having performed espe-
cially meritorious or distinguished service.
Recommendations by the Secretary of State
under this subsection shell be made on the
basis of recommendations by special inter-
agency selection boards established by the
Secretary of State for the purpose of review-
ing and evaluating the nominations of
agencies.
SEC. 406 WrrHIN-CLASS SALARY IN-
CREASES: (a) Any member of the Service
receiving a salary under the Foreign Service
Schedule shall receive an increase in salary
at periodic intervals to the next higher rate
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for the salary class. In which such member
is serving unless the performance of the
member during any such interval is found
in a review by a selection board established
under section 602 to fall below the stand-
ards of performance for his or her salary
class.
(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 addi-
tional salary increase to any higher step in
the salary class in which the member is
serving.
SEC. 407. SALARIES FOR FOREIGN SERVICE PER-
SONNEL ABROAD WHO PERFORM ROUTINE Du-
TIEs.-(a) The Secretary may establish salary
rates at rates lower than those established
for the Foreign Service Schedule by section
403 for the Foreign Service personnel de-
scribed in subsection (b). The rates estab-
lished 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 Serv-
ice 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 For-
eign Service personnel assigned to the low-
est class in the Foreign Service Schedule, in
accordance with the salary rates established
under subsection (a).
SEC. 408. LOCAL COMPENSATION PLANS.-(a)
(1) The Secretary shall establish compensa-
tion (including position classification) plans
for foreign national employees of the Serv-
ice, and for United States citizens employed
in the Service abroad who are family mem-
bers of Government employees. To the ex-
tent consistent with the public interest, each
compensation plan shall be based upon pre-
vailing wage rates and compensation prac-
tices (including participation in local social
security plans) for ? corresponding types of
positions in the locality of employment, ex-
cept that such compensation plans shall pro-
vide for payment of wages to those family
members of Government 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 compensa-
tion plan established under this section may
Include provision for leaves of absence with
pay for foreign national employees in accord-
ance with prevailing law and employment
practices in the locality of employment with-
out 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 ex-
change 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 de-
termined by the Secretary) the average re-
tirement benefits being received by indivi-
duals who retired from competitive local
organizations are superior to the local cur-
rency value of civil service annuities plus
any other retirement benefits payable to for-
eign national employees who retired dur-
ing similar time periods and after compar-
able careers with the Government.
(b) For the purpose of performing func-
tions abroad, any agency or other Govern-
ment establishment (including any estab-
lishment in the legislative or judicial
branch) may administer employment pro-
grams for its employees who are foreign na-
.D - SIENAT2 - S 12529
tionals or are family members of Govern-
ment employees assigned abroad, in accord-
ance with the applicable provisions of this
Act.
(c) The Secretary of State may prescribe
regulations governing the 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 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 (a) (1) ).
SEC. 410. COMPENSATION FOR IMPRISONED
FOREIGN NATIONAL EMPLOYEES.-(a) The head
of any agency or other Government estab-
lishment (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 em-
ployed 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 Di-
rector 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 de-
termines approximates the salary and other
benefits to which the foreign national would
have been entitled had he or she been em-
ployed during the period of such imprison-
ment. Such compensation 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, to the extent 'that such
powers are consistent with this section.
(b) Any period of imprisonment of a cur-
rent 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 employ-
ment by the Government, except that
a period of imprisonment shall not be
creditable-
(1) for purposes of subchapter III of chap-
ter 83 of title 5, United States Code, unless it
is expressly creditable under that subchap-
ter; or
, (2) for purposes of subchapter I of chapter
81 of title 5, United States Code, unless the
individual was employed by the Government
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 im-
prisonment giving rise to the claim, or
(2) the date of the claimant's first oppor-
tunity thereafter to file such a claim, as de-
termined by the appropriate agency head.
(d) The Secretary of State may prescribe
regulations governing payments under this
section by all agencies and other Govern-
ment establishments.
SEC. 411. TEMPORARY SERVICE AS PRINCIPAL
OFFICER.-For such time (in-excess of such
minimum period as the Secretary of State
may establish) as any member of the Serv-
ice 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 6, United States Code,
an amount equal to that postion (which the
Secretary of State may determine to be ap-
propriate) 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.
SEC. 412. SPECIAL DIFFERENTIALS AND PRE-
MIUM PAY.-(a) The Secretary may pay spe-
cial differentials, in addition to compensa-
tion otherwise authorized, to Foreign Serv-
ice officers who are required because of the
nature of their assignments to perform addi-
tional work on a regular basis in substantial
excess of normal requirements.
SEC. 413. DEATH GRATVrrY.-(a) The Sec-
retary may provide for payment of a gra-
tuity to the surviving dependents of any
Foreign Service employee, who dies as a re-
sult of injuries sustained in the perform-
ance 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 beneftt
payable from any source.
(b) A death gratuity payment shall be
made under this section only If the sur-
vivor entitled to payment under subsection
(c) is entitled to elect monthly compensa-
tion 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 com-
pensation 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 de-
pendent 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.
(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 or-
ganization or commission; and
(2) 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
SEC. 501. CLASSIFICATION OF POSITIONS:
The Secretary shall designate 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). Posi-
tions designated under this section are ex-
cepted from the competitive service. Position
classifications under this section shall be
established, without regard to chapter 51 of
title 5, United States Code, in relation to the
salaries established under chapter 4. in
classifying positions at Foreign 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 Secretary (with the
concurrence of the agency concerned) may
assign a member of the Service to any posi-
tion 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 pn-
sition to another such position as the needs
of the Service may require. The Secretary
shall notify Congress annually of the num-
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bers of Foreign Service personnel who are
assigned to positions classified more than one
grade higher or lower than the personal rank
of the Foreign Service member. The names
and grades of such personnel shall be trans-
mitted in a confidential manner to assure
privacy and to safeguard national security.
(2) In making assignments under para-
graph (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 as-
signment 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 mis-
sion (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, INTER-
NATIONAL ORGANIZATIONS, 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 Service) position in the De-
partment or another. agency, or with an in-
ternational organization, international com-
mission, or other international body;
(2) with a domestic or international trade,
labor, agricultural, scientific, or other con-
ference, 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 terri-
tory or possession of the United States or in
the Commonwealth of Puerto Rico), with a
State or local government, a public or pri-
vate nonprofit organization (including an
educational institution), or a Member or
office of the Congress.
(b) (1) The salary of a member of the Serv-
ice 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.
1 (2) The salary of a member of the Service
assigned under this section shall be paid from
appropriations made available for the pay-
ment 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 un-
der subsection (a) (4) to a Member or office
of the Congress shall be deemed to be an em-
ployee of the House of Representatives or
the Senate, as the case may be, for purposes
of payment of travel and other expenses.
(c) Assignments under this section may
not exceed four years of continuous service
for any member of the Service unless the
Secretary approves an extension of such pe-
riod for that member because of special cir-
cumstances.
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 limi-
tations upon asignments of members of the
CONGRESSIONAL RIECORD-SIENATIE September 15, 1980
Service within the United States. A member and retained in the Senior Foreign Service
of the Service may not be assigned to duty shall be based upon a systematic long-term
within the United States for any period of projection of personnel flows and needs de-
continuous service exceeding eight years un- signed to provide-
less the Secretary approves an extension of (A) a regular, predictable flow of recruit-
such period for that member because of ment in the Service;
special circumstances. (B) effective career development patterns
(b) Consistent with the needs of the Serv- to meet the needs of the Service; and
ice, the Secretary shall seek to assign each (C) a regular, predictable flow of talent
career member of the Service who is a citi-
zen of the United States to duty within the
United States at least once during each pe-
riod of fifteen years that the member is In
the Service.
(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 effectiveness of the member. A sabbati-
cal may be granted under this subsection
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.
SEC. 505. TEMPORARY DETAILS: A period of
duty of not more than six months in dura-
tion by a member of .the Service shall be
considered a temporary detail and shall not
be considered an assignment within the
meaning of this chapter.
CHAPTER 6-PROMOTION AND RETENTION
SEC. 601. PROMOTIONS -(a) Career. mem-
bers of the Senior Foreign Service are pro-
moted by appointment under section 302(a)
to a higher salary class in the Senior For-
eign Service. Members of the Senior For-
eign 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 asigned
to a class in the Foreign Service Schedule,,
are promoted by appointment 'under sec-
tion 302(a) as career members of the Senior
Foreign Service or by assignment under sec-
tion 404 to a higher salary class in the For-
eign Service Schedule.
(b) Except as provided in section 606(a).
promotions of-
(1) members of the Senior Foreign Serv-
ice, 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), l
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 promo-
tions on the basis of satisfactory perform.
ance.
(c) (1) Promotions Into the Senior Foreign
Service shall be recommended by selection
boards only from among career members of
the Service assigned to class FS-1 in the For-
eign Service Schedule who 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 con-
sidered by selection boards for entry into the
Senior Foreign Service. A request by a mem-
ber for consideration for promotion into the
Senior Foreign Service under, this subsection
may be withdrawn by the member, but if it is
withdrawn, that member may not thereafter
request consideration for promotion into the
Senior Foreign Service.
(2) Decisions by the Secretary on the
numbers of indiivduals to be promoted into
upward through the ranks and into the Sen-
ior 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 mem-
ber of the Service who has previously com-
plied with those requirements and who sub-
sequently is promoted by appointment to any
class in the Senior Foreign Service. without
a break in service.
SEC. 602. SELECTION BOARDS-(a) The Sec-
retary shall establish selection boards to
evaluate the performance of members of
the Senior Foreign Service and members of
t!-e 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 per-
formance and may make recommendations
for-
(1) promotions in accordance with sec-
tion 601;
(2) awards of performance pay under see-
tion 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 un-
der this section shall include public mem-
bers. The Secretary shall assure that a sub-
stantial number of women and members
of minority groups are appointed to each
selection board established under this sec-
tion.
SEC. 603. BASIS rOR SELECTION BOARD RE-
vrEw.-(a) Recommendations and rankings
by selection boards shall be based upon
records of the character, ability, conduct,
quality of work, industry, experience, de-
pendability, usefulness, and general per-
formance 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 Serv-
ice, performance evaluation reports of su-
pervisors, records of commendations, reports
of current language test scores from the
Foreign Service Institute, awards, repri-
mands, 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 qualities, which are to be con-
sidered in recommendations for promotion.
The precepts for selection boards resuonsible
for recommending promotions into and
within the Senior Foreign Service shall em-
phasize performance which demonstrates
the strong policy formulation capabilities,
executive leadership qualities, and highly
develope l functional and area expertise.
which are required for the Senior Foreign
Service.
SEC. 604. CONFIDENTIALITY OF RECORDS:
The records described in section 603(a) shall
be maintained in accordance with regula-
tions prescribed by the Secretary. Except
to the extent that they pertain to the re-
ceipt, disbursement, and accounting for
public funds, such records shall be con-
fidential 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
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September 15, 1980 . CONGRESSIONAL RECORD-SENATE
on such records, the legislative and appro-
priations committees of the Congress
charged with considering legislation and ap-
propriations for the Service, and represent-
atives duly authorized by such committees.
Access to such records relating to a mem-
ber of the Service shall be granted to such
member, upon written request.
SEC. 605. IMPLEMENTATION OF SELECTION
BOARD RECOMMENDATIONS.-(a) Recommen-
dations 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 Sec=
retary shall make promotions and, with re-
spect to career appointments into or within
the Senior Foreign Service, shall make rec-
ommendations to the President for promo-
tions, 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 in-
dividual from the rank order list submitted
by a selection board or delay the promotion
of an individual named in such a list.
SEC. 606. OTHER BASES FOR INCREASING
PAY.-(a) The Secretary may pursuant to a
recommendation of the Foreign Service
Grievance Board, an equal employment op-
portunity 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 promo-
tion of a member of the Service under sec-
tion 302(a);
(2) promote a member of the Service un-
der section 303;
(3) grant performance pay to a mem-
ber of the Senior Foreign Service under sec-
ton 405 (c) ; or
(4) grant a within-class salary increase un-
der section 406 to a member of the Service
who is assigned to a salary class in the For-
eign Service Schedule.
(b) In implementing subsection (a) of
this section and in cases in which the Secre-
tary has exercised the authority of section
605(b), the Secretary may, in special cir-
cumstances set forth by regulation, make
retroactive promotions, grant performance
pay, make retroactive within-class salary in-
creases, and recommend retroactive promo-
tions by the President.,
SEC. 607.-RETIREMENT FOR EXPIRATION OF
TIME IN CLASS.-(a) (1) The Secretary shall,
by regulation, establish maximum time in
class limitations for-
(A) career members of the Senior For-
eign 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 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 3 years for career members of the Sen-
ior 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, in-
crease or decrease any maximum time in
class established under this subsection as
the needs of the Service may require. If
maximum time in class is decreased, the Sec-
retary shall provide any member of the Serv-
ice who is in a category and salary class
subject to the new time in class limitation
an opportunity to remain in class (notwith-
standing the new limitation) 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 Secre-
tary determines is necessary to provide mem-
bers of the Service who are in the same cate-
gory and salary class as that member a rea-
sonable opportunity to be promoted into the
next higher class or combination of classes,
as the case may be.
(b) Members of the Service whose maxi-
mum time in class under subsection (a)
expires-
(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, which they are in salary
classes designated by the Secretary,
may continue to serve only under limited ex-
tensions of their career appointments. Such
limited extensions may not exceed 5 years in
duration and may be granted and renewed
by the Secretary in accbrdance with the rec-
ommendations of selection boards estab-
lished under section 602. Members of the
Service serving under such limited career ex-
tensions shall continue to be career members
of the Service.
(c) Any member of the Service-
(1) whose maximum time in class under
subsection (a) expires and who is not pro-
moted 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, sub-
ject to any career extension under subsection
(d) of this section.
(d) Notwithstanding any other provision
of this section-
(1) the career appointment of a member
of the Service whose maximum time in class
under subsection (a) expires, or whose lim-
ited career extension under subsection (b)
expires, while that member is occupying a po-
sition 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 termi-
nated; and
(2) if the Secretary determines it to be in
the public interest, the Secretary may extend
temporarily the career appointment of a ca-
reer member of the Service whose maximum
time in class or limited career extension ex-
pires,. but in no case may any extension un-
der this paragraph exceed one year and such
extensions may be granted only in special
circumstances.
SEC. 608. RETIREMENT BASED ON RELATIVE
PERFORMANCE: (a) The Secretary shall pre-
scribe regulations concerning the standards
of performance to be met by career members
of the Service who are citizens of the United
States. Whenever a selection board review in-
dicates that the performance of such a ca-
reer member of the Service may not meet the
standards of performance for his or her class,
the Secretary shall provide for administra-
tive review of the performance of the mem-
ber. The review shall include an opportunity
for the member to be heard.
(b) In any case where the administrative
review conducted under subsection (a) sub-
stantiates that a career member of the Serv-
ice has failed to meet the standards of per-
formance for his or her class, the member
shall be retired from the Service and receive
benefits in accordance with section 609.
SEC. 609. RETIREMENT BENEFITS.-(a) A
member of the Service-
(1) who is retired under section 607(c) (2);
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 FS-1 in the Foreign
Service Schedule,
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shall receive retirement benefits in accord-
ance 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 cur-
rent 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 begin-
ning 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 is provided in section 815
of the contributions made by the member
to the Foreign Service Retirement and Dis-
ability 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 Disabil-
ity 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 reach-
ing age 60, his or her death shall be con-
sidered a death in service within the mean-
ing of section 809.
SEC. 610. SEPARATION FOR CAUSE: (a) (1)
The Secretary may separate any member
from the Service for such cause as will pro-
mote the efficiency of the Service.
(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 serv-
ing 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 Griev-
ance Board and the cause for separation
established at such hearing, unless the mem-
ber 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 under
section 1106 and shall be in lieu of any other
administrative procedure authorized or re-
quired by this or any other law.
(b) Any participant in the Foreign Service
Retirement and Disability System who is sep-
arated under subsection (a) shall be entitled
to receive a refund as provided in section
815 of the contributions made by the par-
ticipant to the Foreign Service Retirement
and Disability Fund. Except in cases where
the Secretary determines that separation 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 to-
ward retirement under the -Foreign Service
Retirement and Disability 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 APPOINT-
MENTS.-Except as provided in section 610(a)
(2), the Secretary may terminate at any time
the appointment of any member of the Serv-
ice serving under a limited appointment who
is in the Senior Foreign Service, who is as-
signed 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 AND FOREIGN NATIONAL EM-
PLOYEES.-(a) The Secretary of State may
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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 proce-
dures 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 out-
standing contributions to the Nation by
members of the Service. The awards system
established under this section shall provide
for presentation by the President and by the
Secretary of medals or other suitable com-
mendations for performance in the course
of or beyond the call of duty which involve
distinguished, meritorious service to the
Nation, including extraordinary valor in the
face of danger to life or health.
CHAPTER 7-FoREIGN SERVICE INSTITUTE, CA-
REER DEVELOPMENT, TRAINING, AND ORIEN-
TATION
SEC. 701. FOREIGN SERVICE INSTITUTE: (a)
The Secretary of State shall maintain and
operate the Foreign Service Institue (here-
inafter in this chapter referred to as the "In-
stitute"), originally established under sec-
tion 701 of the Foreign Service Act of 1946,
in order to promote career development with-
in the Service and to provide necessary
training and instruction in the field of for-
eign 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 appointed by the Sec-
retary of State.
(b) To the extent practicable, the Secre-
tary of State shall provide training under this
chapter which meets the needs of all agen-
cies, and other agencies shall avoid dupli-
cating the facilities and training provided by
the Secretary of State through the Institute
and otherwise.
SEC. 702. FOREIGN LANGUAGE REQUIRE-
MENTS.-(a) The Secretary shall establish
foreign language proficiency requirements
for members of the Service who are to be
assigned abroad in order that Foreign Serv-
ice 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.
(b) The Secretary of State shall, arrange
for appropriate language training of mem-
bers of the Service by the institute or other-
wise in order to assist in meeting the re-
quirements established under subsection (a).
SEC. 703. TRAINING AUTHORITIES: (a) In
the exercise of functions under this chapter,
the Secretary of State may-
(1) provide for the general nature of the
training and instruction to be furnished by
the Institute, including functional and geo-
graphic area specializations;
(2) correlate training and instruction fur-
nished by the Institute 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 com-
plementary to those furnished by the Insti-
tute, including through grants and other
gratuitous assistance to nonprofit institu-
tions cooperating in any of the programs un-
der this chapter;
(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 gov-
erning appointments in the competitive
service, by appointment or contract (sub-
ject to the availability of appropriations),
the services of individuals to serve as lan-
guage instructors, linguists, and other aca-
demic 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 equipemnt 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) (1) The Secretary shall establish a
professional development program to assure
that members of the Foreign Service obtain
the skills and knowledge required at the
various stages of their careers. With regard
to Foreign Service Officers (including For-
eign Service Information Officers) primary
attention shall be given to training for career
candidate officers and for midcareer officers,
both after achieving tenure and as they ap-
proach eligibility for entry to the Senior
Foreign Service, to enhance and broaden
their qualifications for more senior levels
of, responsibility in the Foreign Service.
Training for other members 'of the Service
shall emphasize programs designed to en-
hance their particular skillet and expert
knowledge.
(2) Junior Foreign Service Officer train-
ing shall be directed primarily toward pro-
viding expert knowledge in the basic func-
tions of analysis and reporting as well as in
consular, administrative and linguistic skills
relevant to the full range of `future job as-
signments. Midcareer training shall be di-
rected toward develpoment and perfection
of management, functional, negotiating and
policy development skills to prepare the offi-
cers progressively for more senior levels of
responsibility.
(3) Training for other members of the
Service shall be directed toward maintain-
ing and improving their professional expert
knowledge, including development of the
management skills appropriate to their oc-
cupational categories.
(4) In each case the program of profes-
sional development should be designed to
provide members of the Service with the op-
portunity to acquire skills and knowledge
relevant to clearly established professional
standards of expected performance. Career
candidates should satisfactorily complete
such training prior to attainment of'career
status. All members of the Service should
satisfactorily complete 'mid-career training
before appointment to the Senior Foreign
subsection, the Secretary should establish a
system to provide, insofar as possible, credit
toward university degrees for successful
completion of courses comparable to gradu-
ate-level, university courses.
(6) Training provided under this subsec-
tion shall be conducted by the Department
and by other governmental and nongovern-
mental institutions as may be considered
appropriate by the Secretary.
(7) The Secretary shall report annually
to the Congress and the President on the
status of the professional development pro-
gram and the resources needed and made
available to achieve it. The first such re-
port, to be submitted 90 days after the effec-
tive date of this Act, shall set out the re-
sources required to initiate the program
established by this subsection successfully.
(c) 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 instruc-
tion or training, including orientation, lan-
guage, 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 as-
signed for training; and
(3) provide special monetary or other in-
centives to encourage members of the Service
to acquire or retain proficiency in foreign
languages or special abilities needed in the
Service.
(d) The Secretary may provide to family
members of members of the Service or of
employees of the Department or other agen-
cies, in anticipation of their assignment
abroad or while abroad-
(1) appropriate orientation and language
training; and
(2) functional training for anticipated
prospective employment under section 311.
SEC. 704. TRAINING GRANTS.-(a) To facili-
tate training provided to members of fami-
lies of Government employees under this
chapter, the Secretary may make grants (by
advance payment or by reimbursement) to
family members attending approved pro-
grams of study. No such grant may exceed
the amount actually expended for neces-
sary costs incurred in conjunction with such
attendance.
(b) If a member of the Service who is as-
signed abroad, or a member or his or her
family, Is unable to participate in language
training furnished by the Government
through the Institute or otherwise, the Sec-
retary 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. 705. CAREER COUNSELING: (a) In or-
der to facilitate their transition from the
Service, the Secretary may provide (by con-
tract or otherwise, subject to the availability
of appropriations) professional career coun-
seling, advice, and placement assistance to
members of the Service, and to former mem-
bers of the Service who were assigned to re-
ceive counseling and assistance under this
subsection before they were separated from
the Service, other than those separated for
cause.
(b) (1) The Secretary may facilitate the
employment of spouses of 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 gov-
ernmental and non-governmental employ-
ment opportunities available to them; and
(C) otherwise assisting them in obtaining
employment.
(2) The Secretary shall establish a family
liaison office to carry out this subsection and
such other functions as the Secretary may
determine.
CHAPTER 8-FOREIGN SERVICE RETIREMENT
AND DISABILITY SYSTEM
SEC. 801. ADMINISTRATION OF THE SYSTEM.-
In accordance with such regulations as the
Presidents may prescribe, the Secretary of
State shall administer the Foreign Service.
Retirement and Disability System (herein-
after in this chapter referred to as the "Sys-
tem"), originally established pursuant to
section 1.8 of the Act of May 24, 1924 (43
Stat. 144).
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 of
May 24, 1924, (43 Stat. 144).
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 serving under a career
appointment or as a career candidate under
section 306-
(A) in the Senior Foreign Service, or
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(B) who is assigned to a salary class in the
Foreign Service Schedule.
(2) Every chief of mission, who 1s 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 con-
tribution 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.
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-
(A) who-
(a) 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 support from the partic-
ipant, or
(iii) lived with the participant, for whom
a petition of adoption was filed by the par-
ticipant, and who is adopted by the surviving
spouse of the participant after the death of
the participant;
(B) who is unmarried; and
(C) who-
(a) 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 individ-
ual is a student, is deemed to become 22 years
of age on the first July 1 which occurs after
that birthay), 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 annulment, or any court order
or court-approved property settlement agree-
ment 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 (com-
puted in accordance with generally accepted
actuarial practice on an entry-age basis) less
the value of retirement benefits earned under
another retirement 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 par-
ticipant who was married to such participant
for not less than 10 years during periods of
service by that participant which are credit-
able under section 816;
(7) "Fund balance" means the sum of-
(A) the investments of the Fund calcu-
lated at par value, plus
(B) the cash balance of the Fund on the
books of the Treasury;
(8) "lump-sum credit" means the com-
pulsory and special contributions to the
credit of a participant or former participant
in the Fund plus interest on such contribu-
tions at 4 percent a year compounded an-
nually 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 completing 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 frac-
tional 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 separa-
tion which forms the basis for annuity) ;
(9) "military and naval service" means
honorable active service-
(A) in the Armed Forces of the United
States,
(B) in the Regular or Reserve Corps of
the Public Health Service after June 30,
1960, or -
(C) as a commissioned'officer of the Na-
tional Oceanic and Atmospheric Administra-
tion, 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 num-
ber 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) "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, university, or comparable
recognized educational institution (for pur-
poses 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 pe-
riod 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 bonds fide intention
of continuing to pursue his or her course
of study during the school year, semester,
or term immediately following such period);
(12) "surviving spouse" means the sur-
viving 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
(13) "unfunded liability" means the es-
timated excess of the present value of all
benefits payable from the Fund over the
(A) the present value of deductions to
be withheld from the future basic salary of
participants and of future agency contribu-
tions to be made on their behalf, plus
(B) the present value of Government pay-
ments 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
contributed by the Department from the ap-
propriations or fund used for payment of the
salary of the participant. The Department
shall deposit in the. Fund the amounts de-
ducted 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 what-
soever for all regular services during the pe-
riod covered by such payment, except the
right to the benefits to which the participant
shall be entitled under this Act, notwith-
standing any law, rule, or regulation affect-
ing the salary of the individual.
912533
(c) (1) If a member of the Service who is
under another retirement system for Gov-
ernment employees becomes a participant' in
the System by direct transfer, the total con-
tributions and deposits of that member that
would otherwise be refundable on separation .
(except voluntary contributions), Including
Interest thereon, shall be transferred 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 be-
coming a participant in the System.
(2) A member of the Service whose con-
tributions are transferred to the Fund pur-
suant to paragraph (1) shall not be required
to make additional contributions for pe-
riods of service for which required contribu-
tions 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).
(d) (1
) Any participant
credited
with
civilian
service after July 1,
1924-
(A)
for which no retirement contribu-
tions,
deductions, or deposits have been
made, or
(B) for which a refund, of such contribu-
tions, 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:
Percent of
Time of service: basic salary
July 1, 1924, through October 15, 1960,
inclusive ------------------------ 5
October 16, 1960, through Decem-
ber 31, 1969, inclusive------------- 61/2
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 retire-
ment under subchapter III of chapter 83 of
title 5, United States Code, and?for which a
special -contribution has not 'been made.,
shall be equal to the special contribution for
such service computed in accordance with
the schedule in paragraph (1) multiplied by
the percentage of such service that is credit-
able under section 816.
(3) Special contributions under this sub-
section shall include interest computed
from the midpoint of each service period in-
cluded 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 earliei Interest
shall be compounded at the annual rate of
4 percent to December 31,' 1976, and 3 per-
cent thereafter. No interest shall be charged
on special contributions for any period of
separation from Government service which
began before October 1, 1956. Special con-
tributions may be paid in installments (in-
cluding by allotment of pay) when author-
ized by the Secretary of State.
(e) Contributions shall not be required
for any period of military and naval service
or for any period for which credit is allowed
to individuals of Japanese ancestry under
section 816 for periods of internment during
World War It.
(f) A participant or survivor may make a
special contribution at any time before re-
ceipt of annuity and may authorize payment
by offset against initial annuity accruals.
SEC. 806. COMPUTATION OF ANNUITIES-
(a) The annuity of a participant 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,
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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
under section 302(b) in a position to which
the participant was appointed by the Presi-
dent and whose continuity of service in that
position is interrupted prior to retirement
by appointment or assignment to any other
position determined by the Secretary 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 cervice for which no contributions were
made and which remains unpaid unless the
participant elects to eliminate the service
involved for purposes of annuity com-
putation.
(b) (1) (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 partici-
pant is married (or has a former spouse who
has not remarried before attaining age 60),
the participant shall receive a reduced an-
nuity 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 by designating a por-
tion of the annuity of the participant as
the base for the survivor benefit.
(C) If a participant or former participant
has a former spouse, the participant and
such former spouse may jointly elect in
writing 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 retire-
ment, whichever occurs first.
(2) The annuity of a participant or former
participant providing a survivor benefit
under this section (or section 814(b)), ex-
cluding any portion of the annuity not des-
ignated or committed as a base for any sur-
vivor annuity, shall be reduced by 21/a per-
cent of the first 03,600 plus 10 percent of any
amount over $3,600. The reduction under this
paragraph shall be calculated before any re-
duction under section 814(a) (5).
(3) (A) If a former participant entitled to
receive a reduced annuity under this sub-
section dies and is survived by a spouse, a
survivor annuity shall be paid to the sur-
viving spouse equal to 55 percent of the full
amount of the participant's annuity com-
puted under subsection (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 quali-
fies for an annuity under.;section 814(b) may
not exceed 55 percent of the portion (if any)
of the base for survivor benefits which re-
mains 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 (a) the surviving spouse's
death or (b) if the surviving spouse remar-
ries before attaining age 60. If such a sur-
vivor annuity is terminated because of re-
marriage, it shall be restored at the same rate
commencing on the date such remarriage is
terminated if any lump sum paid upon ter-
mination of the annuity Is returned to the
Fund.
(c) (1) If an annuitant who was a partici-
pant dies and is survived by a spouse and by
a child or children, in addition to the annu-
ity payable 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 chil-
dren.
(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 chil-
dren.
(3) The amounts specified In this subsec-
tion 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 an-
nuity of a child is terminated, the annuities
of any remaining children shall be recom-
puted and paid as though such spouse or
child had not survived the participant. If the
annuity to a surviving child who has not
been receiving an annuity is initiated or re-
sumed, 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 precedes the
month in which eligibility ceases.
(f) At the time of retirement an unmarried
participant who does not have a former
spouse for whose benefit a reduction is
made under subsection (b) may elect to re-
ceive a reduced annuity and to provide for
an annuity equal to 55 percent of the re-
duced annuity payable after his or her death
to a beneficiary whose name is designated
in writing to the Secretary of State. The an-
nuity payable to a partcipant making such
election shall be reduced by 10 percent of an
annuity computed under subsection (a) and
by 5 percent of an annuity so computed for
each full 5 years the designated beneficiary
is younger than the retiring participant, but
such total reduction shall not exceed 40
percent. No such election of a reduced an-
nuity 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 pay-
able 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 bene-
ficiary. An annuity which is reduced under
this subsection (or any similar prior provi-
sion of law) shall, effective the first day of
the month following the death of the bene-
ficiary named Under this subsection, be re-
computed 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 re-
ceive a reduced annuity and to provide a sur-
vivor annuity for the spouse (if such spouse
qualifies as a surviving spouse under section
804(12)). Receipt by the Secretary of State
of notice of an election under this subsection
voids prospectively any election previously
made under subsection (f). The reduction in
annuity required by an election under this
subsection shall be computed and the
amount of the survivor annuity shall be de-
termined in accordance with subsections (b)
(2) and (3). The' annuity reduction or re-
computation 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 participant or former partici-
pant 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 re-
tirement system for Government employees
on the basis of a marriage to someone other
than that participant.
(1) (1) Any married annuitant who reverts
to, retired status with entitlement to a sup-
plemental 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 supple-
mental survivor annuity for his or her spouse.
Such supplemental survivor annuity shall be
equal to 55 percent of the supplemental an-
nuity of the annuitant and shall be payable
to a surviving spouse to whom the annuitant
was married at the time of reversion to re-
tired status or to whom the annuitant had
been married for at least one year at the
time of death or who is a parent of a child
born of the marriage.
(2) The Secretary of State shall issue regu-
lations to provide for the application of para-
graph (1) of this subsection and' of section
823 of this Act in any case in which an annu-
itant has a former spouse who was married
to the participant during a period of recall
service and who qualifies for an annuity un-
der 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 partici-
pant to such spouse is dissolved, be recom-
puted 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 an-
nuity had not been so reduced. Upon re-
marriage the retired participant may ir-
revocably elect, by means cif a signed writing
received by the Secretary within one year
after such remarriage, to receive during such
marriage a reduction in annuity for the pur-
pose of allowing an annuity for the new
spouse of the annuitant in the event such
spouse survives the annuitant. Such reduc-
tion shall be equal to the reduction 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 remar-
riage. 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 subsection (g) and
(j); and
(2) to the maximum extent practicable,
inform spouses or former spouses of partici-
pants 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 an annuitant,
other than a child, shall not be less than the
smallest primary insurance amount. includ-
ing 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 pay-
able under this chapter to a surviving child
shall not be less than the smallest primary
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insurance amount, including any cost-of-
living increase added to that amount, au-
thorized 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 in-
surance amount divided by the number of
surviving children entitled to an annuity,
whichever Is the lesser.
13) 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 retirement system, bene-
fits 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 small-
est 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.).
SEC. 807. PAYMENT OF ANNUITY: (a) Ex-
cept as otherwise provided, the annuity of a
former participant who has met the eligibil-
ity requirements for an annuity shall com-
mence on the day after separation from the
Service or on the day after pay ceases. The
annuity of a former participant who Is en-
titled 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 specified but shall not
be paid until the survivor submits an appli-
cation 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 life-
time 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 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. Pay-
ment 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 from an individual
when, in the judgment of the Secretary of
State, the individual is without fault and
recovery would be against equity and good
conscience or administratively infeasible.
SEC. 808. RETIREMENT FOR DISABILITY OR IN-
CAPAcrrY-(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 effi-
cient service by reason of disease, illness, or
Injury (not due to vicious habits, intemper-
ance, 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 partici-
pant 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 par-
ticipant 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 60.
(b) Before being retired under this section,
the participant shall be given a physical ex-
amination by one or more duly qualified
physicians or surgeons designated by the Sec-
retary of State to conduct examinations. Dis-
ability 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
RECORD - SIENATIE 012535
examinations shall be made annually until
the annuitant has attained age 60. If the Sec-
retary of State determines on the basis of the
advice of one or more duly qualified physi-
cians or surgeons conducting such examina-
tions that an annuitant has recovered to the
extent that he or she can return to duty, the
annuitant may apply for reinstatement or re-
appointment 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 ex-
perience of such annuitant, and the present
class of his or her contemporaries in the
Service, appoint or recommend that the Pres-
ident 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 ex-
aminations under this section, together with
reasonable traveling and other expenses In-
curred in order to submit to examination,
shall be paid out of the Fund. If the annui-
tant fails to submit to examination as re-
quired under this subsection, payment of the
annuity shall be suspended until continu-
ance of the disability or incapacity is satis-
factorily established.
(c) If a recovered annuitant whose an-
nuity is discontinued is for any reason not
reinstated or reappointed in the Service, he
or she 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 discontinu-
ance of the annuity, be entitled to the bene-
fits of that section or of section 815, except
that he or she may elect voluntary retire.
ment if eligible under section 811.
(d) No participant shall be entitled to
receive an annuity under this Act and com-
pensation for injury or disability to himself
or herself under subchapter I of chapter
81 of title 5, United States Code, covering
the same period of time, except that a par-
ticipant may simultaneously receive both an
annuity under this section and scheduled
disability payments under section 8107 of
title 5, United 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 sub-
section 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 an-
nuity under this Act shall not be affected be-
cause 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 ac-
count of the same disability for which com-
pensation 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 deter-
mined by the Secretary of Labor, shall be re-
funded to the Department of Labor, to be
paid into the Federal Employees' Compen-
sation Fund. Before such individual receives
such annuity, he or she shall-
(1) refund to the Department of Labor
the amount representing 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 reimburse-
ment to such Fund.
Deductions from such annuity may be made
from accrued and accruing payments, or may
be prorated against and paid from accru-
ing payments in such manner as the Secre-
tary of Labor shall determine, whenever the
Secretary of Labor finds that the financial
circumstances of the annuitant warrant de-
ferred refunding.
(f) A claim may be allowed under this sec-
tion only if the application is filed with the
Secretary of State before the participant is
separated from the Service or within one year
thereafter. This, time limitation may be
waived by the Secretary of State for a partic-
ipant 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 par-
ticipant to competency or the appointment of
a fiduicary, which is earlier.
SEC. 809. DEATH IN SERVICE-(a) If a par-
ticipant dies and no claim 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 credit toward re-
tirement under the System dies before retire-
ment or 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 an-
nuity computed in accordance with subsec-
tions (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 credit-
able 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 re-
tirement under the System dies before retire-
ment or other separation from the Service
and is survived by a spouse and a child or
children, each surviving child shall be en-
titled 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 re-
tirement under the System dies before retire-
ment or 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 ac-
cordance with subsections (c) (2) and (d) of
section 806.
(e) If, at the time of his or her death,
the participant had less than 20 years of serv-
ice credit toward retirement under the Sys-
tem, the annuity payable in accordance with
subsection (b) shall be computed in accord-
ance 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 subsec-
tion shall in.no case exceed the difference be-
tween his or her age on the date of death and
age 60. In all cases arising under this sub-
section or subsection (b), (c), (d), or (g), it
shall be assumed that the deceased partici-
pant was qualified for retirement on the date
of death.
(f) If an annuitant who elected a reduced
annuity dies in service after being recalled
under section 308 and is survived by a spouse
or former spouse entitled to a survivor an-
nuity based on such an election, such sur-
vivor annuity shall be computed as if the
recall service had otherwise terminated on
the day of death and the annuity of the
deceased had been resumed in accordance
with section 823. If such death occurs after
the annuitant had completed sufficient
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recall service to attain eligibility for a sup-
plemental annuity, a surviving spouse or sur-
viving former spouse who was married to the
participant 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 supplemental survivor an-
nuity computed and paid under section 806
(i) as if the recall service had otherwise
terminated. If the annuitant had completed
sufficient recall service to attain eligibility
to have his or her annuity determined anew,
a surviving spouse or such a surviving former
spouse may elect, in lieu of any other sur-
vivor 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 for-
mer 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 commence, terminate, and
be resumed in accordance with subsection
(b) (4), (e), or (h) of section 806, as appro-
priate.
SEC. 810. DISCONTINUED SERVICE RETIRE-
MENT.-Any participant who voluntarily
separates from the Service after obtaining
at least 5 years of service credit toward re-
tirement under the System (excluding mili-
tary 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.
SEC. 811. VOLUNTARY RETIREMENT.-Any
participant who is at least 50 years of age
and has 20 years of creditable service, in-
cluding at least 5 years of service credit to-
ward retirement under the System (exclud-
Ing 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.
SEC. 812. MANDATORY RETIREMENT: (a) Ex-
cept as provided in susbection (b), any par-
ticipant shall be retired from the Service at
the end of the month in which the partici-
pant reaches age 60 if the participant has at
least 5 years of service credit toward retire-
ment under the System (excluding military
and naval service) and shall receive retire-
ment benefits in accordance with section 806.
(b) Any participant who reaches age 60
while occupying a position to which he or
she was appointed by the President, by and
with the advice and consent of the Senate,
may continue to serve until that appoint-
ment is terminated. In addition, whenever
the Secretary determines it to be in the pub-
lic interest, any participant who has reached
age 60 may be retained on active service for
a period not to exceed 5 years. Any partici.
pant who completes a period of service after
reaching age 60 as authorized by this subsec.
tion shall be retired at the end of the month
in which such authorized service is com-
pleted.
SEC. 813. RETIREMENT OF FORMER PRESI-
DENTIAL APPoxNTEES.-If a participant com-
pletes an assignment under section 302(b) in
a position 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 author-
ized leave), the participant shall be retired
from the Service and receive retirement ben-
efits in accordance with section 806.
SEC. 814. FORMER SPOUSES.-(a) (1) Unless
otherwise expressly provided by any court
order under section 820(b) (1), a former
spouse of a participant or former participant
is entitled to an annuity-
(A) if married to the participant through-
out the creditable service of the participant,
equal to 50 percent of the annuity of the
participant; or
(B) if not married to the participant
through such creditable service, equal to
that former spouse's pro rata share of 50 per-
cent of such annuity.
(2) A former spouse shall not be qualified
for an annuity under this subsection if be-
fore the commencement of that annuity the
former spouse remarries before becoming 60
years of age.
(3) The annuity of a former spouse under
this subsection commences on the later of
the day the participant upon whose service
the annuity is based becomes entitled to an
annuity under this title or the first day of
the month in which the divorce or annul-
ment 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 partici-
pant terminates (except in the case of an
annuity subject to paragraph (5) (B) ).
(4) No court order under section 820(b) (1)
involving any participant may provide for an
annuity or any combination of annuities un-
der this subsection which exceeds the an-
nuity of the participant, nor may any such
order relating to an annuity ^under this sub-
section be given effect if it is issued more
than 12 months after the date the divorce
or annulment involved becomes final.
(5) (A) The annuity payable to any par-
ticipant or former participant shall be re-
duced by the amount of an annuity under
this subsection of any former spouse based
upon the service of that participant. Such
reduction shall be disregarded in calculating
the survivor annuity for any spouse, former
spouse, or other survivor under this chapter,
and in calculating any reduction in the an-
nuity 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 un-
der 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 later of 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, and
(B) the amount of the annuity of the for-
mer 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 sec-
tion 806(b) (1) (C) and unless otherwise ex
pressly provided by any court order under
section 820(b) (1), if a former participant
who is entitled to receive an annuity is sur-
vived by a former spouse, the former spouse
shall be entiled to a survivor annuity-
(A) If married-to the participant through-
out 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 be-
fore 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 sub-
section 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 attain-
ing 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 re-
spect to any participant or former partici.
pant may not exceed 55 percent of the full
amount of the participant's annuity, as cal-
culated under section 806(a).
(B) Once a survivor annuity has been
provided for under this subsection for any
former spouse, a survivor annuity may there-
after 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 avail-
able which is not committed for survivor
benefits for any former spouse whose pros-
pective right to such annuity has not ter-
minated by reason of death or remarriage.
(C) After the death of a participant or
former participant, a court order under sec-
tion 820(b) (1) may not adjust the amount
of the annuity of any former spouse 'under
this section.
(5) For each full month after a former
spouse of a 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 re-
computed and paid as if the annuity had not
been so reduced unless the participant is
then married and elects in writing within
one year after the death or remarriage of
the former snouse to continue the reduction
in order to provide a higher survivor an-
nuity under section 806(b) (3) for any spouse
of the Darticipant.
(c) (1) Tn the case of any participant or
former participant providine a survivor an-
nuity benefit under subsection (b) for a
former spouse-
IA) such participant may elect, or
(B) a 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 par-
ticipant satisfactorily passes a physical ex-
amination as prescribed by the Secretary of
State.
(2) Neither the total amount of survivor
annuity or annuities elected or ordered un-
der this subsection with respect to any par-
ticipant or former participant, nor the sur-
vivor annuity or annuities for any one sur-
viving spouse or former spouse of such
participant under this section and section
806(b) (3), shall exceed 55 percent of the full
amount of the participant's annuity, as com-
puted under section 806(a).
(3) (A) In accordance with regulations
which the Secretary of State shall prescribe,
the participant involved shall provide for
any annuity under this subsection-
(I) by a reduction in the annuity or salary
of the participant,
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September 15, 1980 CONG
(ii) by a lump sum payment or installment
payments to the Fund, or
(iii) by any combination of such reduc-
tion and payments.
(B) The present value of the total amount
to accrue to the Fund under subparagraph
(A) to provide any annuity under this sub-
section 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 or salary reduction under
subparagraph (A) is in effect for that spouse
or former spouse, the annuity or salary shall
be recomputed and paid as if it had not
been re-duced, and
(11) 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 provid-
ing benefits under this subsection for the pe-
riod such benefits were provided, as deter-
mined under regulations prescribed by the
Secretary of State.
(4) An annuity payable under this sub-
section 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 staining age 60.
(5) Section 826 shall not apply to any
annuity under this subsection, unless au-
thorized under regulations prescribed by the
Secretary of State.
(d) Section 806(1) shall not apply-
(1) to any annuity payable under subsec-
tion (a) or (b) to any former spouse if the
amount of that annuity varies by reason of
a court order under section 820(b) (1) from
the amount which would be calculated un-
der subsection (a) (1) or (b) (1), as the case
may be, in the absence of such court order;
and
(2) to any annuity payable under subsec-
tion (c).
SEC. 815. LVMP-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 sub=
section (I)).
(b) Whenever an annuitant becomes sep-
arated front the Service following a period of
recall service without becoming eligible for a
supplemental or recomputed annuity under
section 823 the compulsory 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 an-
nuity, 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 11)).
(c) If all annuity rights under this chap-
ter based on the service of a deceased par-
ticipant or annuitant terminate before the
total annuity paid equals the lump-sum
credit, the difference shall be paid in accord-
ance with subsection (f).
(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 shall be paid in accordance with
subsection (f).
(e) If an annuiant who was a former par-
ticipant dies, any annuity accrued and un-
ESSIONAL RECORD - SENATE - S1253.7
paid shall be paid in accordance with subsec-
tion (f).
(f) Payments under subsection (c)
through (e) shall be paid in the following
order of precedence to individuals surviving
the participant and alive on the date entitle-
ment to the payment arises, upon the estab-
lishment of a valid claim therefor, and such
payment shall be a bar to recovery by any
other person:
(1) To the beneficiary or beneficiaries last
designated by the participant before or af-
ter retirement in a signed and witnessed
writing filed with the Secretary of State prior
to the death of the paticipant, for which
purpose a designation, change, or cancella-
tion of beneficiary in a will or other docu-
ment 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 (in-
cluding adopted and natural children but
not stepchildren) and descendants of de-
ceased 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 ap-
pointment 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 Secretary
of State to be legally entitled to such pay-
ment, except that. no payment shall be made
under this paragraph until after the expira-
tion of 30 days after the death of the par-
ticipant or annuitant.
(g) Annuity accrued and unpaid on the
death of a survivor annuitant 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 ad-
ministrator of the estate of the survivor
annuitant.
(2) If there is no such executor or ad-
ministrator, to such person as may be deter-
mined by the Secretary of State (after the
expiration of 30 days from the date of death
of the survivor annuitant) to be entitled un-
der the laws of the domicile of the survivor
annuitant at the time of death.
(h) Amounts deducted and withheld from
basic salary of a participant under section
805 from the beginning of the first pay pe-
riod 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 per-.
cent a year compounded annually from the
date of the deduction to the date of retire-
ment 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 order of pre-
cedence specified in subsection (f).
(i) Unless otherwise expressly urovided by
any court order under section 820(b) (1), the
amount of a participant's or former par-
ticipant's lump-sum credit payable to a for-
mer 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 per-
cent 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 throughcut such credit-
able 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 payfible to the former spouse.
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 Sys-
tem (as determined in accordance with sec-
tion 8332 of title 5, United States Code),
shall be creditable for purposes of this chap-
ter. 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.
(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 ndt be required from a partici-
pant for this service credit.
(c) (1) A participant who enters on ap-
proved leave without pay to serve as a full-
time officer or employee of an organization
composed primarily of Government employ-
ees may, within 60 days after entering on
that leave without pay, file with the employ-
ing agency an election to receive full retire-
ment credit for such periods or leave without
pay and arrange to pay concurrently Into
the Fund through the employing agency,
-amounts equal to the retirement deductions
afid 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 No-
vember 7, 1976, the participant may not re-
ceive any credit for such periods of leave
without pay occurring after such date.
(2) A participant may make a special
contribution for any period or periods of
approved leave without pay while serving
before November 7, 19:6, 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 contribu-
tions 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 contributions (which has not
been repaid) under this or any other retire-
ment system for Government employees
covering service which may be creditable may
make a special contribution for such service
under section 805. Credit may-not be allowed
for service covered by the refund unless the
special contribution is made.
(e) No credit in annuity computation shall
be allowed for any period of civilian service
for which a participant made retirement con-
tributions 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 Service to enter the military serv-
ice is deemed, for the purpose of this chanter.
as not separated from the Service unless the
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CONGRESSIONAL RECORD-SENATE September 15, 1980
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 appli-
cation 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 credit or annuity recomputed under
this subsection of their entitlement to such
credit of recomputation.
(3) The Secretary of State shall, on re-
quest, assist any individual referred to in
paragraph (1) in obtaining from any agency
or other Government establishment infor-
mation necessary to verify the entitlement
of the individual to have any service credi-
ted or any annuity recomputed under this
subsection.
(4) Any agency or other Government es-
tablishment 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 Con-
gress shall continue to make contributions
to the Fund based upon the Foreign Service
salary rate that would be in effect if the par-
ticipant were in a pay status. The partic-
ipant's employing office in the Congress
shall make a matching contribution (from
the appropriation 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 credita-
ble service under any other Government
retirement system.
(1) (1) Service of a participant shall be
considered creditable service for purposes
of. applying provisions of this chapter re-
lating to former spouses if such service
would be creditable-
(A) under subsection (c) (1) or (2) but
for the fact lin 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 court order provided otherwise).
(2) A former spouse shall not be consid-
ered 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 serv-
ice of a participant at an unhealthful post
unless the former spouse resided with the
participant at that post during that period.
SEC. 817. EXTRA CREDIT FOR SERVICE AT UN-
HEALTHFUL 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 un-
healthful posts. Each year of duty at such
posts, inclusive of regular leaves of ab-
sence, shall be counted as one and a half
years in computing the length of the serv-
ice of a participant for the purpose of
retirement, fractional"months being consid-
ered as full months in computing such serv-
ice. 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.'
SEC. 818. ESTIMATE OF APPROPRIATIONS
NEEDED.-The Secretary of the Treasury shall
prepare the estimates of the annual appro-
priations 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 ad-
ministering the provisions of this chapter,
including actuarial advice.
SEC. 819. INVESTMENT OF THE FUND.-The
Secretary of the Treasury 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 in-
come derived from such investments shall
constitute a part of the Fund'.
SEC. 820. ASSIGNMENT AND ATTACHMENT OF
MONEYS-(a) (1) An individual entitled to
an annuity from the Fund may make allot-
ments or assignments of amounts from such
annuity for such purposes 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 bene-
fits 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 Treas-
ury and a copy of such assignment form shall
be deposited with the Secretary of the Treas-
ury by the member executing the assign-
ment.
(b)(1)(A) In the case of any participant
or annuitant who has a former spouse with
respect to whom there is a court order-
(I) any right of any 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
annuity under such section' 814(a);
(ii) any right of a former spouse to a sur-
vivor annuity under section 814 (b) or (c),
and the amount of any such annuity under
section 814 (b) or (c) for' any surviving
former spouse of the participant or annui-
tant; and
(iii) any right of any former spouse to
any payment of a lump-sum credit under
section 815 (a) or (b); shall be determined
in accordance with a court order, if and to
the extent expressly provided for in the
terms of that court order.
(B) This subsection shall not apply in the
case of any court order which is inconsistent
with the requirements of this chapter, as de-
termined by the Secretary of State.
(2) Except with respect to'obligations be-
tween participants and former spouses, pay-
ments under this chapter which would other-
wise 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 ex-
pressly provided for in the terms of any order
or any court decree of legal separation, or
the terms of any court order or court-ap-
proved 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 re-
ceipt by the Secretary of State of written
notice of such decree, order, or agreement,
and such additional information and such
documentation as the Secretary of State may
require.
(f) Any payment under this subsection to
an individual bars recovery by any other in-
dividual.
(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 of any spouse or individual form-
erly married to a participant or annuitant
may have, under any law or rule of law of any
State or the District of Columbia, with re-
spect to an annuity of a participant or annui-
tant under this chapter.
(c) None of the moneys mentioned in this
chapter shall be assignable 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, including 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, ex-
tension 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 OBLIGA-
TIONS -?(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 com-,
puted for that year at the interest rate used
in the then most recent valuation of the
System, and
(2) that portion of disbursement for an-
nuities for that year which the Secretary of
State estimates is attributable to credit al-
lowed 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 contribution, out of any money
in the Treasury of the United States not
otherwise appropriated.
(c) Requests for appropriations to the
Fund under section 821(b) shall include re-
ports to the Congress on the sums credited
to the Fund under this section.
SEC. 823. ANNUITY ADJUSTMENT FOR RECALL
SERVICE.-(a) Any annuitant recalled to duty
in the Service under section 308(a) shall,
while so serving, be entitled in lieu of an-
nuity 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 serv-
ice, the former annuity shall be resumed, ad-
justed 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 re-
funded In accordance with section 815. If the
recall service lasts more than one year, the
annuitant may, in lieu of such refund, elect
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September 15, 1980 1 CONGRESSIONAL RECORD-SENATE
a supplemental annuity computed under
section 806 on the basis of service credit and
average salary earned during the recall pe-
riod irrespective of the number of years of
service credit previously' earned. If the re-
call service continues for at least 6 years, the
annuitant may elect to have his or her an-
nuity 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 credit-
able under section 816 that was performed
after the separation upon which his or her
annuity is based.
SEC. 824. REEMPLOYMENT.- (a) Notwith-
standing any other law, any member of the
Service who has retired and is receiving an
annuity under this chapter, and who is reem-
ployed 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 combined with such sal-
ary does not exceed during any calendar year
the basic salary the member would be en-
titled to receive under this Act if currently
employed in the Foreign Service class which
the Secretary determines most comparable to
the class the member held on the date of re-
tirement from the Service. Any such re-
employed 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 paragraph
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.
(c) In the event of any overpayment under
this section, such overpayment shall be re-
covered by withholding the amount involved
from the salary payable to such reemployed
member of the Service or from any other
moneys, including annuity payments, pay-
able under this chapter.
SEC. 825. VOLUNTARY CONTRIBUTIONS.-(a)
The voluntary contribution 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 con-
tributions to the Fund, plus interest com-
pounded at the rate of 3 percent per year to
the date of separation from the Service or (in
case of participant or former participant sep-
arated with entitlement to a deferred an-
nuity) to the date the voluntary contribution
account is claimed, the commencing date
fixed for the deferred annuity, or the date of
death, whichever is earlier. Effective on the
data the participant 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 an-
nuity for the participant and to provide for a
cash payment on his or her death to a bene-
ficiary whose name shall be notified in writ-
ing to the Secretary of State by the partici-
pant; or
(4) used to purchase an additional life
annuity for the participant and a life an-
nuity commencing on his or her death pay-
able 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 rep-
resentative 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 pro-
vided 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 Treas-
ury.
(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.
.f not sooner paid, the account shall be
paid at such time as the participant sepa-
rates from the Service for any reason with-
out entitlement to an annuity or a deferred
annuity or, at such time as a former par-
ticipant dies or withdraws compulsory con-
tributions to the Fund. In case of death,
the account shall be paid in the order of
precedence specified in section 815(f).
SEC. 826. COST-oF-LIVING ADJUSTMENTS OF
ANNUITIES.-(a) A cost-of-living annuity in-
crease shall become effective under this see-
tion on the effective date of each such in-
crease 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 sec-
tion shall be identical to the correspond-
ing percentage increase under section 8340'
(b) of title 5, United States Code.
(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 annui-
ty) payable from the Fund to a participant
who retires and receives an immediate an-
nuity, or to a surviving spouse or former
spouse of a deceased participant who dies in
service or who dies after being separated
with benefits under section 609(b) (2), which
has a commencing date after the effective
date of the then last preceding general an-
nuity 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 effecttve date of such
last preceding increase. In the administra-
tion of this paragraph, the number of days
of unused sick leave to the credit of a
participant or deceased partiicpant on the
effective date of the then last preceding gen-
eral annuity increase under this section shall
be deemed to be equal to the number of
days of unused sick leave to his or her credit
on the day of separation from the Service.
(2) Effective from its commencing date,
an annuity payable from the Fund to the
survivor of an annuitant, except a child en-
titled to an annuity under section 806(c) or
809 (c) or (d), shall be Increased by the total
percentage increase the annuitant was re-
ceiving under this section at death.
(3) For purposes of computing or recom-
puting an annuity to a child under section
806 (c) or (d) or 809 (c) or (d), the Items
$900, $1,080, $2,700, and 03,240 appearing in
section 806(c) shall be increased by the total
percentage increases by which corresponding
amounts are being increased under section
8340 of title 5, United States Code, on the
date the annuity of the child becomes effec-
tive.
(d) No increase in annuity provided by
this section shall be computed on any addi-
tional annuity purchased at retirement by
voluntary contributions.
(e) The monthly installment of annuity
after adjustment under this section shall be
fixed at the nearest dollar, except such In-
stallment shall after adjustment reflect an
increase of at least 01.
(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 spouse's survivor annuity.
SEC. 827. COMPATIBILITY BETWEEN CIVIL
SERVICE AND FOREIGN SERVICE SYSTEMS: (a)
In order to maintain existing conformity be-
tween the Civil Service Retirement and Dis-
ability System under subchapter III of chap-
ter 83 of title 5, United States Code, and the
Foreign Service Retirement and Disability
System, whenever a law of general applica-
bility is enacted which-
(1) affects the treatment of current or
former participants, annuitants, or sur-
vivors under the Civil Service Retirement and
Disability System; and
(2) affects treatment which, immediately
prior to the enactment of such law, was sub-
stantially identical to the treatment ac-
corded to participants, former participants,
annuitants, or survivors under the Foreign
Service Retirement and Disability System;
such law shall be extended in accordance
with subsection (b) to the Foreign Service
Retirement and Disability System so that
it applies in like maner with respect to par-
ticipants, former participants, annuitants, or
survivors under that System.
(b) The President shall be Executive order
prescribe regulations to implement this sec-
tion and to 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-
(1) proceeding to and returning from as-
signed posts of duty;
(2) authorized or required home leave;
(3) family members to accompany, pre-
cede, 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 fam-
ily 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 suit-
able person or facility to provide such care
(without regard to those laws and regula-
tions limiting or restricting the furnishing
or payment of transportation and traveling
expenses), as well as expenses for-
(A) an attendant or attendants for a mem-
ber of the Service or a family member who
is too 111 to travel unattended or for a fam-
ily 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 mem-
bers of the Service who are United States
citizens, and members of their families, while
serving at locations abroad specifically desig-
nated by the Secretary for purposes of this
paragraph, to-
(A) other locations abroad having differ-
ent 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;
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S 12540 CONGRIESSIONAIL RECORD -SENATE September 15, 1980
except that, unless the Secretary otherwise
specifies in extraordinary circumstances,
travel expenses under this paragraph shall be
limited to the cost for a member of the Serv-
ice, and for each member of the family of
the member, of 1 round trip during any con-
tinuous 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 con-
ditions, 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 im-
minent danger due to the prevalence of dis-
turbed conditions, 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 2 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;
(9) round-trip travel from a location
abroad for purposes of family visitation in
(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 mem-
ber of a member of the Service, who dies
abroad or while in travel status;
(11) transporting the furniture and house-
hold and personal effects of a member of the
Service (and of his or her family) to suc-
cessive 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 as-
signed 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 sub-
paragraph 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 resi-
dence 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 resi-
dence quarters; and
(C) in connection with separation of the
member from the Service, except that costs
motor vehicle in any case in which the Sec-
retary determines that water, rail, or air
transportation of the motor vehicle is neces-
sary or expedient for all or any part of the
distance between points of origin and desti-
nation, but transportation may be provided
under this paragraph for only one motor ve-
hicle of a member during any 48-month pe-
riod while the member is continuously serv-
ing 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 Sec-
retary 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 transporting the, replacement motor
vehicle does not exceed the cost of trans-
porting 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 subchapter VI
of chapter 33 of title 5, United States Code
(notwithstanding section 3375(a) of such
title, if an agreement similar to that re-
quired 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 educa-
tion allowance or educational travel allow-
ance 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 contigu-
ous 48 States which is nearest to that post.
SEC. 902. LOAN OF HOUSEHOLD EFFECTS.
The Secretary may, as a means of eliminating
transportation costs, provrde members of the
Service with basic household furnishing and
(b) Any such health care program may
include (1) medical examinations for appli-
cants for employment, (2) medical examina-
tions and inoculations or vaccinations for
members of the Service and employees of the
Department who are citizens of the United
States and for members of their families, and
(3) examinations necessary in order to estab-
lish disability or incapacity of participants
in the Foreign Service Retirement and Dis-
ability 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 Secre-
tary of State, a sufficient number of Govern-
ment employees are assigned to warrant such
(d) If an individual eligible for health
care under this section incurs an illness, in-
jury, 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 deter-
mines 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 em-
ployee after the separation of such member
or employee from Government service.
Health care may be provided under this sec-
tion to a member of the family of a member
of the Service or of a designated eligible Gov-
ernment employee after the separation from
Government service or the death of such
member of the Service or employee or after
dissolution of the marriage.
(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 Secre-
tary 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.
SEC. 905. REPRESENTATION EXPENSES: Not-
withstanding section 5536 of title 5, United
States Code, the Secretary may provide for
official receptions and may pay entertain-
ment and representational expenses (includ-
ing 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 the
provisions of the preceding sentence, the
Secretary shall, to the maximum extent
practicable, provide for the use of American
products, including American wines.
CHAPTER 10-LABOR-MANAGEMENT RELATIONS
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 orga-
nize, 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) facilities and encourages the amicable
settlement of disputes between workers and
their employers involving conditions of em-
ployment;
(2) the public interest demands the high-
est standards of performance by members of
the Service and the continuous develop-
ment and implementation of modern and
progressive work practices to facilitate Im-
proved performance and efficiency; and
.(3) the unique conditions of Foreign Serv-
equipment for use on a loan basis in per-
sonally owned or leased residences.
SEC. 903. REQUIRED LEAVE IN THE UNITED
STATES.-(a) The Secretary may order a mem-
ber of the Service who is a citizen of the
United States to take a leave of absence un-
der 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 mem-
ber of the Service who is a citizen of the
United States as soon as possible after com-
pletion by that member of 3 years of contin-
uous 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 mem-
ber of the Service shall be available for such
work or duties in the Department or else-
where as the Secretary may prescribe, but
the time of such work or duties shall not be
counted as leave.
SEC
904
HEALTH CARE
-(a) Th
S
t
.
.
.
e
ecre
ary
or expenses may not be paid under this sub-
paragraph or
storing furniture and house- of State may establish a health care program
hold and personal effects for more than 3 mental health promote and maintain the physical and
months; m h of members of the Service,
and (when incident to service abroad) other
. (13) transporting, for or on behalf of a designated eligible Government employees,
member of the Service, a privately owned and members of the families of such mem-
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ice employment require a distinct framework
for the development and implementation of
modern, constructive, and cooperative re-
lationships between management officials
and organizations representing members of
the Service.
Therefore, labor organizations and collective
bargaining in the Service are in the public
interest and are consistent with the require-
ment of an effective and efficient Govern-
ment. The provisions of this chapter should
be interpreted in a manner consistent with
the requirement of an effective and efficient
Government.
SEC. 1002. DEFINITIONS: AS used in this
chapter, the term-
(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 per-
formance of the mutual obligation of the
management representative of the Depart-
ment and of the exclusive representative of
employees to meet at reasonable times and
to consult and bargain in good-faith effort to
reach agreement with respect to the condi-
tions of employment affecting employees,
and to execute, if requested by either party,
a written document Incorporating any col-
lective bargaining agreement reached, but
this obligation does not compel either party
to agree to a proposal or to make a conces-
sion;
(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, practices, 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 pro-
hibited abroad or prohibited under sub-
chapter III of chapter 73 of title 5, United
States Code;
(B) relating to the designation or classi-
fication of any position under section 601;
(C) to the extent such matters are specifi-
cally provided for by Federal statute; or
(D) relating to Government-wide or mul-
tiagency responsibility of the Secretary af-
fecting 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 em-
ployee 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 assess-
ments;
(8) "employee" means-
(A) a member of the Service who is a
citizen of the United States, wherever serv-
`Ing, 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 subparagraph (A) whose em-
ployment has ceased because of an unfair
labor practice under section 1016 and who
has not obtained any other regular and sub-
stantially equivalent employment, as deter-
mined 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 Gen-
eral Counsel of the Authority;
(11) "labor organization" means an orga-
nization composed in whole or in part of em-.
ployees, in which employees participate and
pay dues, and which has as a purpose deal-
ing with the Department concerning griev-
ances (as defined in section 1101) and con-
ditions of employment, but does not in-
clude-
(A) an organization which, by its constitu-
tion, bylaws, tacit agreement among its mem-
bers, or otherwise, denies membership because
of race, color, creed, national origin, sex, age,
preferential or nonpreferential civil serv-
ice status political affiliation, marital status,
or handicapping condition;
(B) an organization which advocates the
overthrow of the constitutional form of gov-
ernment of the United States;
(C) an organization sponsored by the De-
partment; or
(D) an oranization which participates in
the conduct of a strike against the Govern-
ment or any agency thereof or Imposes a duty
or obligation to conduct, assist, or participate
in such a strike;
(12) "management official" means an in-
dividual who-
(A) is a chief of mission or principal officer;
(B) Is serving in a position to which ap-
pointed 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 mentioned In .sub-
paragraph (A) or (B);
(D) is serving as a deputy to any individ-
ual 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 De-
partment;
(13) "Panel" means the Foreign Service
Impasse Disputes Panel, established by sec-
tion 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 De-
velopment Cooperation Agency, the Depart.,
ment 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 Presi-
dent determines.that-
(1) the subdivision has as a primary func-
tion intelligence, counterintelligence, inves-
tigative, or national security work, and
(2) the provisions of this chapter cannot
be applied to that subdivision in a manner
consistent with national security require-
ments 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 deter-
mines in writing that the suspension is nec-
essary in the interest of national security
because of an emergency.
SEC. 1004. EMPLOYEE RIGHTS: (a) Every
employee has the right to form, join, or as-
sist any labor organization, or to refrain
from any 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 representative and, in that
capacity, to present the views of the labor
organization to the Secretary and other offi-
cials of the Government, including the Con-
gress, 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) Sub-
ject to subsection (b), nothing in this chap-
ter shall affect the authority of any manage-
ment official of the Department, in accord-
ance with applicable law-
(1) to determine the mission, budget, or-
ganization, and internal security practices of
the Department, and the number of indi-
viduals in the Service or in the Department;
(2) to hire, assign, direct, lay off, and re-
tain individuals in the Service or in the De-
partment, 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 pre-
scribed under section 605(b);
(3) to assign work, to make determina-
tions with respect to contracting out, and to
determine the personnel by which the opera-
tions of the Department shall be conducted;
(4) to fill positions from any appropri-
ate 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 nec-
essary to carry' out the , mission of the De-
partment during emergencies.
(b) Nothing in this section shall preclude
the Department and the exclusive repre-
sentative from negotiating-
. (1) at the election of the Department, on
the numbers, types, and classes of employ-
ees 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 offl-
cials of the Department will observe in exm
ercising any function under this section; or
(3) appropriate arrangements for employ-
ees adversely affected by the exercise of any
function under this section by such man-
agement officials.
SEC. 1006. FOREIGN SERVICE LABOR RELA-
TIONs BOARD.-(a) There is established with-
in the Federal Labor Relations Authority the
Foreign Service Labor Relations Board. The
Board shall be composed of 3 members, 1 of
whom shall be the Chairman of the Author-
ity, 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 em-
ployees in each such agency. In the event of
inability to obtain agreement on a nominee,
the Chairperson shall appoint the remain-
- ing 2 members from among individuals the
Chairperson considers knowledgeable In la-
bor-management relations and the conduct
of foreign affairs.
(b) The Chairperson shall serve on the
Board while serving as Chairman of the Au-
thority. Of the 2 original members of the
Board 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 ap-
pointed 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 mem-
bers of the Authority.
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,912542 CONGRESSIONAL RECORD -SENATE
(c) A vacancy on the Board shall not im-
pair 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
authorized by law, and shall receive com-
pensation 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 demonstration incapacity to perform his
or her functions, established at a hearing,
except where the right to a hearing is waived
in writing.
SEC. 1007. FUNCTIONS OF THE BOARD--(a)
The Board shall-
(1) supervise or conduct elections and de-
termine whether a labor organization has
been selected as the exclusive representative
by a majority of employees who cast valid
ballots and otherwise administer the provi-
sions of this chapter relating to the accord-
ing of exclusive recognition to a labor or-
ganization;
(2) resolve complaints of alleged unfair
labor practices;
(3) resolve issues relating to the obliga-
tion to bargain in good faith;
(4) resolve disputes concerning the effect,
the interpretation, or a claim of breach of a
collective bargaining agreement, in accord-
ance with section 1014; and
(5) take any action considered necessary
to administer effectively 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, 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 deci-
sion 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 wher-
ever persons subject to this chapter are lo-
cated;
(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 or-
ganization to cease and desist from viola-
tions of this chapter and require it to take
any remedial action the Board considers ap-
propriate to carry out this chapter; and
(F) consistent with the provisions of thin
chapter, exercise the functions the Authority
has under chapter 71 of title 5, United States
Code, to the same extent and in the same
manner as is the case with respect to per-
sons subject to chapetr 71 of such title.
SEC. 1008. FUNCTIONS OF THE GENERAL
CouNSEIm-The General Counsel may-
(1) Investigate alleged unfair labor prac-
tices 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 ENFORCE-
MENT.-(a) Except as provided in section
1014(d), any person aggrieved by a final or-
der of the Board may, during the 60-day pe-
riod beginning on the date on which the or-
September 15, 1980
der was issued, instiute an action for Judi- (2) If the parties do not arrive at a settle-
cial review of such order in the United States ment after assistance by the Panel under
Court of Appeals for the District of Colum- paragraph (1), the Panel may-
bia. (A) hold hearings;
(b) The Board may petition the United (B) administer oaths,. take the testimony
States Court of Appeals for the District of or deposition of any individual under oath,
Columbia for the enforcement of any order and issue subpenas as provided in section
of the Board under this chapter and for any 7132 of title 5, United States Code; and
appropriate temporary relief or restraining (C) take whatever action is necessary and
order. not inconsistent with this chapter to resolve
(c) Subsection (c) of section 7123 of title the impasse.
5, United States Code, shall apply to judicial (3) Notice of any final action of the Panel
review and enforcement of. actions by the under this section shall be promptly served
Board in the same manner that it applies to upon the parties, and the action shall be
judicial review and enforcement of actions binding on such parties during the term of
of the Authority under chapter 71 of title the collective bargaining agreement unless
5, United States Code. the parties agree otherwise.
(d) The Board may, upon issuance of a SEC. 1011. EXCLUSIVE RECOGNITION: (a)
complaint as provided in section 1016 charg- The Department shall accord exclusive recog-
ing that any person has engaged in or is en- nition to a labor organization if the organi-
gaging in an unfair labor practice, petition zation has been selected as the representative,
the United States District Court for the Dis- In a secret ballot election, by a majority of
trict of Columbia, for appropriate temporary the employees in a unit who cast valid ballots
relief (including a restraining order). Upon in the election.
the filing of the petition, the court shall (b) If a petition is filed with the Board-
cause notice thereof to be served upon the (1) by any person alleging-
person, and thereupon shall have jurisdic- (A) in the case of a unit for which there
tion to grant any temporary relief (includ- is no exclusive representative, that 30 percent
ing a temporary retraining order) it consid- of the employees in the unit wish to be
ers just and proper. A coi}rt_ shall not grant represented for the purpose of collective bar-
any temporary relief under this section if it gaining by an exclusive representative, or
would interfere with the ability of the De- (B) in the case of a unit for which there
partment to carry out its essential functions is an exclusive representative, that 30 per-
or if the Board fails to establish probable cent of the employees in the unit alleged
cause that an unfair labor practice is being that the exclusive representative is no longer
committed. the representative of the majority of the em-
SEC. 1010. FOREIGN SERVICE IMPASSE Dis- ployees in the unit; or
PUTES PANEL: (a) There is established . (2) by any person seeking clarification of,
within the Federal Labor Relations Author- or an amendment to,'a certification then in
ity the Foreign Service _ Impasse Disputes effect or a matter relating to representation;
Panel, which shall assist In resolving nego-
tiating impasses arising in the course of the Board shall investigate the petition, and
it has reasonable cause to believe that a
collective bargaining under this chapter. The If
question of representation exists, it shall
Chairperson shall select the Panel from provide an opportunity for a hearing (for
among individuals the Chairperson considers which a transcript shall be kept) after rea-
knowledgeable in labor-management rela-
tions or the conduct of foreign affairs. The record of the hearing that a
Panel shall be composed of 5 members, as g question. of
follows: representation exists, the Board shall super-
(1) 2 mof the Service (other than vise or conduct an election on the question
a 1) 2 members em management official, a confidential ca (other than by secret ballot and shall certify the results
thereof. election ployee, or a labor organization official): shall not be conducted idunder this subsection
(2) one individual employed by the De- wn a valid election n any unit within
partment of Labor; which under this subsection
(3) one member of the Federal Service has been held during the preceding 12 cal-
Impasses Panel; and endar months or with respect to which a
(4) one public member who does not hold labor organization has been certified as the
.any other office or position in the Govern- exclusive representative during the preced-
ment. ing 24 calendar months.
The Chairperson of the Board shall set the (c) A labor organization which-
The
of office for Panel members and deter- () has been designated by at least 10 per-
mine who shall chair the Panel. cent of the employees in the unit;
(b) Panel members referred to in subsec- pl is the olvlusiv exclusive representative
of the
tion (a) (3) and (4) shall receive compensa- employees involved;
tion for each day they are performing their may intervene with respect, to a petition filed
duties (including traveltime) at the daily pursuant to subsection (b) and shall be
equivalent of the maximum rate payable for placed on the ballot of any election under
grade GS-18 of the General Schedule under subsection (b) with respect to the petition.
section 5332 of title 5, United States Code, (d) (1) The Board shall determine who is
except that the member who is also a mem- eligible to vote in any election under this
her of the Federal Service Impasses Panel section and shall establish regulations gov-
shall not be entitled to pay under this sub- erning any such election, which shall include
section for any day for which he or she regulations allowing employees eligible to
receives pay under section 7119(b) (4) of vine the opportunity to choose- .
title 5, United States Code. Members of the (A) from labor organizations on the ballot,
Panel shall be entitled to-travel expenses as that labor organization which the employees
provided under section 5703 of title 5, United wish to have represent them; or
States Code. (B) not. to be. represented by a labor or-
(c) (1) The Panel or its designee shall ganization.
promptly investigate any impasse presented
to it by a party. The Panel shall consider the (2) In any election in which more than
impasse and shall either- two choices are on the ballot, the regulations
of the Board shall provide for preferential
(A) recommend to the parties to the nego- voting. If no choice receives a majority of
tiation procedures for the resolution of the first preferences, the Board shall distribute
impasse; or to the two choices having the most first
(B) assist the parties in resolving the im- preferences the preferences as between those
passe through whatever methods and proce- two of the other valid ballots cast. The choice
dures, including factfinding and recommen- receiving a majority of preferences shall be
dations, it may consider appropriate to ac- declared the winner. A labor organization
complish the purpose of this section. which is declared the winner of the election
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September 15, 1980 CONGRESSIONAL RIECORD -SENATE S12543
shall be certified by the Board as the ex-
clusive representative.
(e) A labor organization seeking exclusive
recognition shall submit to the Board and to
the Department a roster of its officers and
representatives, a copy of its constitution
and bylaws, and a statement of its objectives.
(f) Exclusive recognition shall not be ac-
corded to a labor organization-
(1) if the Board determines that the labor
organization is subject to corrupt influence
or Influences opposed to democratic princi-
ples; or
(2) in the case of a petition filed under
subsection (b) (1) (A), if there Is not credi-
ble 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 con-
strued 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 Department 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 na-
tional security Investigations 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 organization which has
been accorded exclusive recognition is the
exclusive 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 responsible 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-
(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 griev-
ance (as defined In section 1101) or any per-
sonnel policy or practice or other general
condition of employment; and
(B) any examination of an employee by
a Department representative 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 representa-
tion.
(2) The Department shall annually inform
employees of their rights under paragraph
(1)(B).
(c) The Department and the exclusive rep-
resentative, through appropriate representa-
tives, shall meet and negotiate in good faith
for the purposes of arriving at a collective
bargaining agreement. In addition, the De-
partment and the exclusive representative
may determine appropriate techniques, con-
sistent with the provisions of section 1010, to
assist In any negotiation.
(d) The rights of an exclusive representa-
tive 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 represent-
ative, in any separation described in section
1101 (a) (1) (A) or any proceeding relating to
such a separation; 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 bargain-
ing agreement;
(2) to be represented at the negotiations
by duly authorized representatives prepared
to discuss and negotiate on any condition of
employment;
(3) to meet at reasonable times and con-
venient places as frequently as may be nec-
essary and to avoid unnecessary delays;
(4) for the Department to furnish to the
exclusive representative, or its authorize&
representative, upon request and to the ex-
tent not prohibited by law, data-
(A) which is normally maintained by the
Department in the regular course of business;
(B) which is resonably available and
necessary for full and proper discussion, un-
derstanding, and negotiation of subjects
within the scope of collective bargaining; and
(C) which does not constitute guidance,
advice, counsel, or training provided for man-
agement officials or confidential employees,
relating to collective bargaining;
(5) to negotiate jointly with respect to con-
ditions of employment applicable to em-
ployees in more than one of the agencies
authorized to utilize the Foreign Service, per-
sonnel 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 negotia-
tion, a written document embodying the
agreed terms, and to take the steps necessary
to implement the agreement.
(f) (1) An agreement between the Depart-
ment and the exclusive representative shall
be subject to approval by the Secretary.
(2) The Secretary shall approve the agree-,
ment within 30 days after the date of the
agreement unless the Secretary finds in writ-
ing that the agreement is contrary to ap-
plicable law, rule, or regulation.
(3) Unless the Secretary disapproves the
agreement by making a finding under para-
graph (2), the agreement shall take effect
after 30 days from its execution and shall
be binding on the Department and the ex-
clusive representative subject to all applica-
ble laws, orders, and regulations.
(g) The Department shall consult with the
exclusive representative with respect to Gov-
ernment-wide or multi-agency matters affect-
ing the rights, benefits, or obligations of in-
dividuals employed in agencies not authorized
to utilize the Foreign Service personnel sys-
tem. 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 re-
garding such change. The Department shall
consider the views and recommendations of
the exclusive representative before taking
final action on any such change, and shall
provide the exclusive representative a writ-
ten statement of the reasons for taking the
final action.
SEC. 1014. RESOLUTION OF IMPLEMENTATION
DISPUTES.-(a) Any dispute between the De-
partment and the exclusive representative
concerning the effect, interpretation, or a
claim of breach of a collective bargaining
agreement shall be resolved through proced-
ures negotiated by the Department and the
exclusive representative. Any procedures ne-
gotiated under this section shall-
(1) be fair and simple,
(2) provide for expeditious processing, and
(3) include provision for appeal to the
Foreign Service G ievance Board by either
party of any dispute not satisfactorily settled.
(b) Either party to an appeal under sub-
section (a) (3) may file with the Board an
exception to the action of the Foreign Seriv-
ice Grievance Board in resolving the imple-
mentation 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 ap-
plied by Federal courts in private sector
labor-management relations;
the Board may take such action and make
such recommendations concerning the For-
eign Service Grievance Board action as it
considers necessary, consistent with appli-
cable laws, rules, and regulations.
(c) If no exception to a Foreign Service
Grievance Board action is filed under sub-
section (b) within 30 days after such action
is communicated 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 re-
view.
SEC. 1015. UNFAIR LABOR PRACTICES: (a) It
shall be an unfair labor practice for the
Department-
(1) to interfere with, restrain, or coerce
any employee in the exercise by the em-
ployee of any right under this chapter;
(2) to encourage or discourage member-
ship in any labor organization by discrimina-
tion in connection with hiring, tenure, pro-
motion, or other conditions of employment:
(3) to sponsor, control, or otherwise assist
any labor organization, other than to fur-
nish -upon request customary and routine
services and facilities on an impartial basis to
labor organizations 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;
(5) to refuse to consult or negotiate in
good. faith with a labor organization, as re-
quired under this chapter;
(6) to fall or refuse to cooperate in im-
passe procedures and impasse decisions, as
required under this chapter;
(7) to enforce any rule or regulation (other
than a rule or regulation implementing sec-
tion 2302 of title 5, United States Code)
which is in conflict with an applicable col-
lective bargaining agreement if the agree-
ment was in effect before the date the rule or
regulation was prescribed; or
(8) to fall 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 De-
partment to discriminate against any em-
ployee 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
performance 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, preferential 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 fall or refuse to cooperate in im-
passe 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 De-
partment's operations shall not be an unfair
labor practice); and
(B) to condone Any unfair labor practice
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described in subparagraph (A) by failing to
take action to prevent or stop such activity;
(8) to deny membership to any employee
in the unit represented by the labor orga-
nization except-
(A) for failure to tender dues uniformly
required as a condition of acquiring and
retaining membership, or
(B) in the exercise of disciplinary pro-
cedures consistent with the organization's
constitution or bylaws and this chapter; or
(9) to fail or refuse otherwise to comply
wiht 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 representa-
tional election and encourages 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 rela-
tions and representation.
if the expression contains no threat of re-
prisal or force or promise of benefit and
was not made under coercive conditions
shall not-
(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, un-
der section 1109(b), an employee has an
option of using the grievance procedure un-
der chapter 11 or an appeals procedure issues
which can be raised under section 1014 or
chapter 11 may, in the discretion of the ag-
grieved 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 Gen-
eral Counsel shall provide the person making
the charge a written statement of the rea-
sons 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 an-
swer to the original and any amended com-
plaint and to appear in person or other-
wise 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 oc-
curred 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 dis-
covery 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
curing the 6-month period beginning on the
say of the discovery by the person ox the
alleged unfair labor practice.
ie) 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
b 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 prac-
ticable, be conducted in accordance 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 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 sub-
section (f) that the preponderance of the
evidence received demonstrates that the De-
partment or labor organization named in the
complaint has engaged in or is engaging in
an unfair labor practice, then the individual
or individuals conducting the hearing shall
state in writing their findings of fact and
shall issue and cause to be served on the De-
partment or labor organization an order-
(1) to cease and desist from any such un-
fair labor practice in which the Department
or labor organization is engaged;
(2) requiring the parties to renegotiate a
collective bargaining agreement in accord-
ance with the order of the Board and requir-
ing 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 ac-
tions described in paragraphs (1) through (3)
or such other action as will carry out the
purpose of this chapter. rr
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 organization, as the case may
be, which is found to have engaged in the
unfair labor practice involved.
? (h) If the individual or individuals con-
ducting the hearing determine that the pre-
ponderance of the evidence received fails to
demonstrate that the Department or labor
organization named in the complaint has en-
gaged 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.
SEC. 1017. STANDARDS OF CONDUCT FOR LABOR
ORGANIZATIONS: (a) The Department shall
accord recognition only to a labor organiza-
tion that is free from corrupt influences and
influences opposed to basic democratic prin-
ciples. Except as provided in subsection (b),
an organization 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 or labor
organizations with which it is affiliated, or
in which it participates, containing explicit
and detailed provisions to which it subscribes
calling :for-,
(1) the maintenance of democratic proce-
dures 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 disciplinary proceedings;
(2) the exclusion from office in the orga-
nization of persons affiliated with Communist
or other totalitarian movements and persons
identified with corrupt influences;
(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 fi-
nancial controls and regular financial reports
or summaries to be made available to mem-
bers.
(b) A labor organization may be required
to furnish evidence of its freedom from cor-
rupt influences opposed to basic democratic
principles if there is reasonable cause to be-
lieve 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 pur-
pose 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 representative of employees
under this chapter shall file financial and
other reports with the Assistant Secretary of
Labor for Labor Management Relations, pro-
vide for. bonding of officials and others em-
ployed by the organization, and comply with
trusteeship and election standards.
(d) The Assistant Secretary of Labor shall
prescribe such regulations 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 axising under this section, the Assist-
ant Secretary may require a labor organiza-
tion to cease and desist from violations of this
section and require it to take such actions
as the Assistant Secretary considers appro-
priate to carry out the policies of this section.
(e) This chapter does noq,t authorize partici-
pation in the management of a labor orga-
nization or acting as a representative of a
labor organization by a management official,
a confidential employee, or any other em-
ployee if the participation or activity would
result in a conflict or apparent conflict of in-
terest or would otherwise be incompatible
with law or with the official functions of such
management official or such employee.
(f) If the Board finds that any labor orga-
nizations has willfully and intentionally vio-
lated section 1015(b) (7) by ommission or
commission with regard to' any strike, work
stoppage, slowdown, the Board shall-
(1) revoke the exclusive recognition status
of the labor organization, 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 PROVISIONS.-,(a)
If the Department has received from any in-
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dividual a written assignment which author-
izes the Department to deduct from the sal-
ary of that individual amounts for the pay-
ment of regular and periodic dues of the ex-
clusive representative, the Department shall
honor the assignment. Any such assignment
shall be made at no cost to the exclusive rep-
resentative or the individual. Except as pro-
vided 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-
(1) the labor organization ceases to be
the exclusive representative;
(2) the individual ceases to receive a sal-
ary from the Department as a member of
the Service; or
(3) the Individual is suspended or ex-
pelled from membership in the exclusive
representative.
(c) During any period when no labor or-
ganization is certified as the exclusive rep-
resentative of employees in the Department,
the Department shall have the duty to ne-
gotiate with a labor organization which has
filed a petition under section 1011(b) (1) (A)
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 un-
der this subsection shall be concerned solely
with the deduction of dues of the labor
organization from the salary of the indi-
viduals who are members of the labor orga-
nization and who make a voluntary allot-
ment for that purpose. Any agreement be-
tween the Department and a labor organiza-
tion under this Subsection shall terminate
upon the certification of an exclusive rep.
resentative of any employees to whom the
agreement applies.
(d) The following provisions shall apply
to the use of official time:
(1) Any employee representing an exclu-
sive representative in the negotiation of a
collective bargaining agreement under this
chapter shall be authorized official time for
such purposes, including attendance at im-
passe- proceedings, during the time the em-
ployee otherwise would be in a duty status.
The number of employees for whom official
time is authorized under this paragraph
shall not exceed the number of individuals
designated as representing the Department
for such purposes.
(2) Any activities performed by any em-
ployee relating to the internal business of
the labor organization, including the solici-
tation of membership, elections of labor or-
ganization officials, and collection of dues,
shall be performed during the time the em-
ployee is in a nonduty status.
(3) Except as provided in paragraph (1),
the Board shall determine whether any em-
ployee participating for, or on behalf of, a
labor organization in any phase of proceed.
ings before the Board shall be authorized
official time for such purpose during the
time the employee would otherwise be in a
duty statue.
(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 representa-
tive 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 "griev-
ance" means any act, omission, or condition
subject to the control of the Secretary which
is alleged to deprive a member of the Serv-
ice who is a citizen of the United States of
a right or benefit authorized by law or regu-
lation or which is otherwise a source of con-
cern 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; -
(B) other alleged violation, misinterpreta-
tion, or misapplication 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 mem-
ber;
(F) action alleged to be in the nature of
reprisal or other interference with freedom
of action in connection with participation by
the member in procedures under this chap-
ter: and
(G) alleged denial of an allowance, pre-
mium-pay, or other financial benefit to which
the member claims entitlement under appli-
cable 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 representative under chapter
10 (hereinafter in this chapter referred to as
the "exclusive representative").
(b) For purposes of this chapter, the term
"grievance" does not include-
(1) an individual assignment of a member
under chapter 5, other than an assignment
alleged to be contrary to law or regulation;
(2) the judgment of a selection board es-
tablished under section 602, a tenure board
established under section 308(b), or any
other equivalent body established by laws or
regulations which similarly evaluates the
performance of members of the Service on
a comparative basis;
(3) the expiration of a limited appoint-
ment, the termination of a limited appoint-
ment under section 611, or the denial of a
limited career extension or of a renewal of
a limited career extension under section 607
(b); or
(4) any complaint or appeal where a spe-
cific statutory hearing procedure exists, ex-
cept as provided in section 1109(b).
,(c) This-chapter applies only with respect
to the Department of State, the Interna-
tional Communication Agency, the United
States International Development Coopera-
tion Agency, the Department of Agriculture,
and the Department of Commerce.
SEC. 1102. GRIEVANCES CONCERNING FORMER
MEMBERS.-Within 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 re-
spect to allegations described in section 1101
(a) (1) (a).
SEC. 1103. FREEDOM or ACTION-(a) Any
individual filing a grievance under this chap-
ter (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 proceed-
ings or by virtue of them.
(b) Any grievant filing a grievance, and
any witness or other person involved in a
proceeding before the board, shall be free
from any. restraint, interference, coercion,
discrimination, or reprisal. The grievant has
the right to a representative of his or her
own choosing at every stage of the proceed-
ing. The grievant and his or her representa-
S 12545
tives who are under the control, supervision,
or responsibility of the Department shall be
granted reasonable periods of administrative
leave to prepare, to be present, and to pre-
sent the grievance of such grievant. Any wit-
ness under the control, supervision, or re-
sponsibility of the Department shall be
granted reasonable periods of administrative
leave to appear and testify at any such pro-
ceeding.
(c) Any witness who is a member of the
Service or employee of the Department shall
be granted reasonable periods of administra-
tive leave to appear and testify at any pro-
ceedings under this chapter.
(d) (1) No record of-
(A) a determination by the Secretary to
reject a recommendation 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 Griev-
ance Board as a remedy for the grievance) or
those of any other individual connected with
the grievance.
(2) The Department shall maintain rec-
ords pertaining to grievances under appro-
priate safeguards to preserve confidentialty.
(3) The Foreign Service Grievance Board
may enforce compliance with the require-
ments of paragraphs (1) and (2).
(e) The Department will use its best en-
deavors to expedite security clearance proce-
dures whenever necessary to assure a fair
and prompt resolution of a grievance.
SEC. 1104. TIME IIIMITATIONS: (a) A griev-
ance 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 computation of any such
period any time during which, as deter-
mined by the Foreign Service Grievance
Board, the grievant was unaware of. the
grounds for the grievance and could not
have discovered such grounds through rea-
sonable 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 exclusive repre-
sentative (on behalf of a grievant who is a
member of the bargaining unit) or a griev-
ant who is not a member of such bargain-
ing unit or' whose grievance is described in
section 1101(a) (1) (A) shall be entitled to
file a grievance with the Foreign Service
Grievance Board for its consideration and
resolution.
SEC. 1105. FOREIGN SERVICE GRIEVANCE
BOARD.-(a) There is established the Foreign
Service Grievance Board (hereinafter in this
chapter referred to as the "Board"). The
Board shall consist of no fewer than 5 mem-
bers 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.
(b) The Chairperson and other members
of the Board shall be appointed by the Sec-
retary of State, from nominees approved in
writing by the agencies to which this chap-
ter 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 ap-
pointment. 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 de-
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termined 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 representa-
tive.
(c) Members of the Board who are not
employees of the Government shall be paid
for each day they are performing their duties
(including traveltime) at the daily equiva-
lent 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 writ-
ten notice, remove a Board member for cor-
ruptionL 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, serv-
ices, and supplies through the general ad-
ministrative services of the Department of
State. All expenses of the Board, including
necessary costs of the travel and travel-re-
lated 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 con-
siders 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 ap-
propriate safeguards to preserve confidential-
ity.
SEC. 1106. BOARD PROCEDURES.-The Board
may adopt regulations concerning its orga-
nization 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, fix 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 bar-
gaining unit represented by the exclusive
representative), and the representatives of
the Department are entitled to be present
at the hearing. The Board may, after con-
sidering the views of the parties and any
other individuals connected with the
grievance, decide that a hearing should be
onen 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 shall be entitled to ex-
amine and cross-examine witnesses at the
hearing or by deposition and to serve in-
terrogatories upon another party and have
such interrogatories answered by the other
party unless the Board finds such inter-
rogatory irrelevant, immaterial, or unduly
repetitive. Upon request of the Board, or
upon a request of the grievant deemed rele-
vant and material by the Board, an agency
shall promptly make available at the hear-
ing or by deposition any witness under Its
control, supervision, or responsibility, ex-
cept that, if the Board 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 documentary evidence may be
received, but the Board shall exclude any
irrelevant, immaterial, or unduly repetitious
evidence, as determined 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 re-
view and to supplement, by written sub-
missions, 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 with-
in 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 im-
partial individuals in considering griev-
ances.
(8) If the Board determines that the De-
partment is considering the Involuntary sep-
aration of the grievant, disciplinary action
against the grievant, or recovery from the
grievant of alleged overpayment of salary, ex-
penses, or allowances, which is related to a
grievance pending before the Board and that
such action should be suspended, the De-
partment shall suspend such action until the
Board has ruled upon the grievance. Not-
withstanding 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 es-
sential to the functioning of the post or of-
fice to which the grievant is assigned.
(9) The Board may reconsider any deci-
sion upon presentation of newly discovered
or previously unavailable material evidence.
SEC. 1107. BOARD DECISIONS.-(a) Upon
completion of its proceedings, 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 deci-
sion of the Board,
(b) If the Board finds that the grievance
is meritorious, the Board shall have the au-
thority 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 prejudicial character;
(2) to reverse a decision denying the griev-
ant compensation or any other perquisite of
employment authorized by laws or regula-
tions when the Board finds that such decision
was arbitrary, 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;
(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 sec-
tion 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 rep-
resentative (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 pro-
motion or assignment of the grievant or
to other remedial action not otherwise pro-
vided for in this section, or if the Board
finds that the evidence before it warrants dis-
ciplinary 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 imple-
ment the recommendation of the Board ex-
cept to the extent that, in a decision made
within that 30-day period, the Secretary re-
jects the recommendation in whole or in part
on the basis of a determination that imple-
mentation 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 de-
cision shall specify the reasons for such ac-
tion. Pending the decision of the Secretary,
there shall be no ex parts communication
concerning the grievance 'between the Secre-
tary and any person involved in the proceed.
ings of the Board. The Secretary shall, how-
ever, 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 re-
quests 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 deter-
mines 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 na-
tional 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 sen-
tence preclude such a summary or extract.
(c) If the Board determines that an agency
record, or a summary or extract of a record,
made available to the Board under subsec-
tion, (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.
SEC. 1109. RELATIONSHIP TO OTHER REME-
DIES.-(a) A grievant may not file a grievance
with the Board if the grievant has formally
requested, prior to filing a grievance, that
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the matter or matters which are the basis
of the grievance be considered or resolved
and relief be provided under another provi-
sion of law, regulation, or Executive order,
other than under section 1208 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, reso-
lution, and relief under chapter 12 of title 5,
United States Code, or a regulation or Execu-
tive order other than under this chapter. An
election of remedies under this section shall
be final upon the acceptance of jurisdiction
by the Board.
SIC. 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
Code. Section 708 of title 5, United States
Code, shall apply without limitation or ex-
ception.
TITLE II-TRANSITION, AMENDMENTS TO
OTHER LAWS, AND MISCELLANEOUS
PROVISIONS
CHAPTER 1-TRANSITION
SEC. 2101. PAY AND BENEFITS PENDING CON-
VERSION.-(a) Until converted under the pro-
visions of this chapter, individuals who were
Foreign Service officers. immediately before
the effective date of this Act shall be treated
for purposes of salary as follows:
(1) Individuals who were serving under
appointments at class 2 or a higher class of
the schedule established under section 412
of the Foreign Service Act of 1946 shall be
treated as if they had been converted under
section 2103 of this Act on the first day in
such'pay period to the Senior Foreign Service
In the appropriate class (as determined by
the Secretary) established under section 402
of this Act.
(2) Individuals who were serving under
appointments at or below class 3 of the
schedule established under section 412 of the_
Foreign Service Act of 1946 shall be treated as
if they had been converted under section
2102 of this Act on the date specified in sub-
section (e) to the appropriate class and, step
(as determined under section 2106(a) of this
Act) in the Foreign Service Schedule estab-
lished under section 403 of this Act.
(b) (1) Except as provided in section 2104
(b), until converted under the provisions of
this chapter, individuals who were Foreign
Service Reserve officers or Foreign Service
staff officers or employees immediately be-
fore the effective date of this Act shall be
treated for purposes of salary in accordance
with paragraphs (3) and (4) of this subsec-
tion.
(2) Not later than 30 days after the effec-
tive date of this Act, the Secretary-
(A) shall make an initial determination of
the availability for worldwide assignment of
each individual who was a Foreign Service
Reserve officer or a Foreign Service staff offi-
cer or employee immediately before the
effective date of this Act, and
(B) shall notify any such individual who
is not initially determined to be available
for worldwide assignment of that Initial de-
termination.
(3) Individuals who are initially deter-
mined under paragraph (2) of this subsec.
tion to be available for worldwide assignment
shall be treated for purposes of salary as
follows:
(A) Individuals who could be converted
under section 2103 shall be paid as if they
had been converted under section 2103, on
the date specified in subsection (e) which
begins on or after the effective date of this
Act, to the Senior Foreign Service in the ap-
propriate class (as determined by the Sec-
retary) established under section 402.
(B) Individuals who could be converted
under section 2102 shall be paid as if they
had been converted under section 2102, on
such date, to the appropriate class slid step
(as determined under section 2108(a)) of the
Foreign Service Schedule established under
section 403.
(4) (A) Individuals who are not initially
determined under paragraph (2) of this sub-
section to be available for worldwide assign-
ment shall be treated for purposes of salary
as if they had been converted under section
2104(a), on the date specified in subsection
(e), to the grade and step in the General
Schedule which most closely corresponds to
the class and step at which the individual
was serving immediately before the effective
date of this Act, subject to the prohibition
on reductions in basic rate of salary which
is contained in the second sentence of sec-
tion 2106(a) (1).
(Bj If an individual who is not initially
determined under paragraph (2) of this sub-
section to be available for worldwide as-
signment is subsequently converted under
section 2102(a), 2103(b), or 2103(c) on the
basis of a decision that the initial determina-
tion with respect to the availability of that
individual for worldwide assignment was
erroneous, the salary of that individual
shall be adjusted, retroactively to the date
specified in subsection (e), to the rate at
which that individual could have been
paid under paragraph (3) of this subsec-
tion if he. or she had been initially deter-
mined to be available for worldwide assign-
ment under paragraph (2) of this subsec-
tion.
(c) For the period beginning on'the effec-
tive date of this Act and ending on the day
before the date specified in subsection (e)
(if such date occurs after the effective date
of this Act), the individuals to whom this
section applies shall continue to receive a
salary at the rate at which they were being
paid immediately before the effective date
of this Act.
(d) Except as provided in section 2104(b),
until converted under the provisions of this
chapter, individuals who, immediately be-
fore the effective date of this Act, were for-
eign Service officers, Foreign Service Reserve
officers, or Foreign Service staff officers or
employees, shall be treated for purposes of
allowances and all other matters (except
salary) as if they had been converted on
the effective date of this Act under section
2102 or section 2103 (as appropriate for the
class in which they were serving immedia-
ately before the effective date of this Act).
(e) Except as otherwise provided, any ad-
justment of salary under this section shall
take effect on the first day of the first pay
period which begins on or after-
(1) such date (on or after the date of en-
actment of this Act and before the effective
date of this Act) as the President. may speci-
fy by Executive order for purposes of this
paragraph, or
(2) if the President does not specify a
date under paragraph (1). the effective date
of this Act.
SEC. 2102. CONVERSION TO THE FOREIGN
SERVICE S.HEDW,E-(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 this Act those individuals in
the Foreign Service who are serving imme-
diately 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 established
under section 415 of such Act, as-
(1) Foreign Service officers, or
01,2547
(2) Foreign Service Reserve officers with
limited or unlimited tenure, and Foreign
Service staff officers or employees, who the
Secretary determines are available for world-
wide assignment.
(b) Not later than 3 years after the effec-
tive 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 as-
signment shall also be converted, in accord-
ance with section 2106, to the appropriate
class in the Foreign Service Schedule estab-
lished under section 403 if-
(1) the Secretary certifies that there is a
need for their services in the Foreign Serv-
ice; and
(2) they agree in writing to accept avail-
ability for worldwide assignment as a condi-
tion of continued employment.
SEC. 2103. CONVERSION TO THE SENIOR FOR-
EIGN SERVICE.-(a) Foreign Service officers
and Foreign Service Reserve officers with lim-
ited or unlimited tenure who, Immediately
before the effective date of this Act, are serv-
ing under appointments at class 2 or a higher
class of the schedule established under sec-
tion 412 or 414 of the Foreign Service Act of
1946 may at any time within 120 days after
such date submit to the Secretary a written
request for appoint 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 appointment to the
Senior Foreign Service in the appropriate
class established under section 402 of this
Act.
(c) If a request is submitted under sub-
section (a) by a Foreign Service officer or, ex-
cept as provided in subsection (d), a Foreign
Service Reserve officer with unlimited tenure.
the Secretary shall recommend to the Presi-
dent a career appointment of such officer, by
and with the advice and consent of the Sen-
ate, to the Senior Foreign Service in the ap-
propriate 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 appointment un-
der 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 sub-
mit 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 Secre-
tary (in the case. of a Foreign Service Re-
serve 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 ap-
pointment of, the requesting officer to the
appropriate class established 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 subsec-
tion (a) and-
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(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 eligible to compete for performance
pay under section 405, and shall not be
eligible for a limited career extension as
described in section 607(b). Upon separation
from the Service, any such officer who is a
participant in the Foreign Service Retire-
ment and Disability System shall be entitled
to retirement benefits determined in accord-
ance with chapter 8 of title I of this Act.
SEC. 2104. CONVERSION FROM THE FOREIGN
SERVICE.-(a) Except as provided in subsec-
tion (b), 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 sec-
tion 2102 or section 2103 because such indi-
vidual does not meet the conditions specified
in section 2102(b) or 2103(d), the Secretary
shall, not later than 3 years after the effec-
tive date of this Act, provide that-
(1) the position such individual holds shall
be subject to chapter 51 and subchalSter III
of chapter 53 of title 5, United States Code;
(2) such individual shall be appointed to
such position without competitive examina-
tion; and
(3) such position shall be considered to be
in the competitive service so long as the indi-
vidual continues to hold that position;
except that any such individual who meets
the eligibility requirements 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 appro-
priate rate of basic pay established under
section 5382 of title 5, United States Code.
(b) (1) Notwithstanding any other provi-
sion of law, the status, promotion, class, and
tenure of individuals who, immediately be-
fore the date of enactment of this Act are in
the Foreign Service in the International
Communication Agency and are covered by
a collective bargaining agreement between
the Agency and the exclusive representative
of those individuals shall, continue to be
governed by the Foreign Service Act of 1946
and Public Law 90-464 (as those Acts were
in effect immediately before the effective date
of this Act). This Act (except sections 402,
403, 404, 405, 504) shall also apply to such
individuals, and such individuals shall be
considered members of the Foreign Service
for purposes of sections 103, 406, 501, 502,
503, 610, 803, 1002, 1101 of this Act.
(2) The President shall prescribe salary
rates for the individuals in the Foreign Serv-
ice who are covered by this subsection in
accordance with the salary classes estab-
lished under sections 414 and 415 of the For-
eign Service Act of 1946. Salary rates for
such individuals shall not be less than those
rates in effect on the effective date of this
Act and shall be adjusted at the same time
and to the same extent as rates of basic
pay are adjusted for the General Schedule.
SEC. 2105. CONVERSION OF CERTAIN POSI-
TIONS 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
under section 103 which will apply to such
individual.
(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 subsec-
tion (d) apply.
(c) (1) The Secretary of Agriculture shall
recommend to the President 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 ap-
point 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 desig-
nated position be deemed to be a member
of the Foreign Service for purposes of al-
lowances, differentials, and similar benefits
(as determined by the Secretary of Agricul-
ture).
SEC. 2106. PRESERVATION OF STATUS AND
BENEFrrs.-(a) (1) Every individual who is
converted under this chapter shall be con-
verted 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
immediately before conversion. No conver-
sion under this chapter shall cause any indi-
vidual 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 re-
quest of the Individual), be considered for
all purposes as at the grade which corre-
sponds 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 Serv-
ice Retirement and Disability System who
would, but for this paragraph, participate in
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 Disabil-
ity 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 Retire-
ment and Disability System so long as he or
she is employed in an agency which is auth-
orized to utilize the Foreign Service person-
nel system. If such an election Is not made,
the individual shall then be covered by the
Civil Service Retirement and Disability Sys-
tem and contributions made by the partici-
pant 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 reefslployment
rights to a personnel category in the Foreign
Service in which he or she would be a par-
ticipant in the Foreign Service Retirement
and Disability System and who would, but
for this paragraph, continue to participate in
the Civil Service Retirement 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 Serv-
ice 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 made,
the individual shall be transferred to the
Foreign Service Retirement and Disability
System and contributions made by that indi-
vidual 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 ap-
plicable 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 con-
tinued by this Act.
may continue to serve under such appoint-
ment, 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 Serv-
ice-
(1) who is serving under a career appoint-
ment on"the date of enactment of this Act,
and
(2) who was not subject to section 633(a)
(2) of the Foreign Service Act of 1946 im-
mediately before effective date of this Act,
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 be-
comes eligible for an immediate annunity
under chapter 8 of title I of this Act, which-
ever occurs first.
SEC. 2107. REGULATIONS.-Under the direc-
tion of the President, the Secretary shall pre-
scribe regulations for the implementation of
this chapter.
SEC. 2108. AUTHORITY OF OTHER AGENCIES-7
The heads of agencies other than the De-
partment of State which utilize the Foreign
Service personnel system shall perform func-
tions under this chapter in accordance with
regulations - prescribed by the Secretary of
State under section 2107. Such agency heads
shall consult with the Secretary of State in
the exercise of such functions.
CHAPTER 2-AMENDMENTS RELATING TO FOR-
EIGNS AFFAIRS AGENCIES
SEC. 2201. BASIC AUTHORITIES OF THE DE-
PARTMENT 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: Condi-
tional gifts may be so accepted at the dis-
cretion of the Secretary, and the principal
of and income from any such conditional
gift shall be held, invested, reinvested, and
used in accordance with its conditions, ex-
cept 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 ac-
cepted 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)),
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the net proceeds from the liquidation of gift
property under subsection (c) or (d), and
the proceeds of insurance on any gift prop-
erty which are not used for its restoration,
shall be deposited in the Treasury of the
United States. Such funds are hereby ap-
propriated and shall be held in trust by
the Secretary of the Treasury for the bene-
fit of the Department of State (including
the Foreign Service). 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 ex-
penditure in the operation of the Depart-
mentof State (including the Foreign Serv-
ice) 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 when-
.ever necessary to meet payments required in
the operation of the Department of State
(including the Foreign Service) or the per-
formance 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 performance of its functions or lease or
hire such property, except that any such
property not required for the operation of
the Department of State (including the For-
eign Service) or the performance of its func-
tions may be liquidated by the Secretary of
State whenever in the judgment of the Sec-
retary 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 subsec-
tion with the Secretary of the Treasury as
provided in subsection (b).
"(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 pro-
ceeds 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 be-
quest 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 Sec-
retary of State under this section with re-
spect 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
Cooperation Agency with respect to their
respective agencies.
"SEC. 26. (a) The Secretary of State may,
without regard to section 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 out the member's work
efficiently.
"(b) The authority available to the Secre-
tary of State under this section shall be
available to the Director of the International
Communication Agency and the Director of
the United States International Development
Cooperation Agency with respect to their
respective agencies.
"SEC. 27. (a) In order to expand employ-
ment opportunities for family members of
United States Government personnel as-
signed abroad, the Secretary of State shall
seek to conclude such bilateral and multi-
lateral agreements as will facilitate the em-
ployment 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 coun-
try or of the United States; or
"(2) could, as certified in writing by the
United States chief of mission to such coun-
try, damage the interests of the United
States.
"SEC. 28. The Secretary of State may au-
thorize the principal officer of a Foreign Serv-
ice post to provide for?the use of Govern-
ment owned or leased vehicles located at that
post for transportation of United States Gov-
ernment employees and their families when
public transportation is unsafe or not avail-
able or when such use is advantageous to
the Government.
"SEC. 29. Whenever the Secretary of State
determines that educational 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 manner as he deems
appropriate and under such regulations as he
may prescribe, establish, operate, and main-
tain primary schools, and school dormitories
and related educational facilities for primary
and secondary schools, outside the United
States, make grants of funds for such pur-
poses, or otherwise provide for such educa-
tional facilities. The authorities of the For-
eign Service Buildings Act, 1926, and of para-
graphs (h) and (i) of section 3 of this Act,
may be utilized by the Secretary in providing
assistance for educational facilities. Such as-
sistance may include hiring, transporting,
and payment of teachers and other necessary
personnel.
"SEC. 30. (a) The remedy-
."(1) against the United States provided by
sections 1346(b) and 2672 of title 28, United
States Code, or
"(2) through proceedings for compensa-
tion or other benefits from the United States
as provided by any other law, where the
availability of such benefits precludes a rem-
edy under such sections,
for damages for personal injury, including
death, allegedly arising from malpractice or
negligence of a physician, dentist, nurse,
pharmacist, or paramedical (including med-
ical 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 exer-
cise of his or her duties in or for the Depart-
ment of State or any other Federal depart-
ment, agency, or instrumentality shall be
exclusive of any other civil action or proceed-
ing by reason of the same subject matter
against such physician, dentist, nurse, phar-
macist, or paramedical or other supporting
personnel (or his or her estate) whose act
or omission gave rise to such claim.
. "(b) The United States Government shall
defend any civil action or proceeding brought
in any court against any person referred to
in subsection (a) of this section (or his or
her estate) for any such 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 per-
SIl2549
son shall promptly furnish copies of the
pleading and process therein to the United
States attorney for the district embracing
the place wherein the proceeding is brought,
to the Attorney General, and to the Secre-
tary.
"(c) Upon a certification by the Attorney
General that the defendant was acting
within the scope of his or her employment
in or for the Department of State or any
other Federal department, agency, or instru-
mentality 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 un-
der the provisions of title 28, United States
Code, and all 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 remedy
through proceedings for compensation or
other benefits from the United States as pro-
vided 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 pro-
ceedings for compensation or other benefits
shall be deemed to have been suspended dur-
ing the pendency of the civil action or pro-
ceeding under this section.
"(d) The Attorney General may compro-
mise or settle any claim asserted in such civil
action or proceeding in the manner provided
in. section 2677 of title 28, United States
Code, and with the same effect.
"(e) For purposes of this section, the pro-
visions of section 2680(h) of title 28, United
States Code, shall not apply to any tort enu-
merated therein arising out of negligence in
the furnishing of medical care or related
services, including the conducting of clinical
studies or investigations.
"(f) The Secretary may, to the extent he
deems appropriate, hold harmless,or provide
liability insurance for any person to whom
the immunity provisions of subsections (a)
of this section apply, for damages for per-
sonal injury, including death, negligently
caused by any such person while acting
within the scope of his or her office or em-
ployment and as a result of the furnishing
of medical care or related services, including
the conducting of clinical studies or investi-
gations, if such person Is assigned to a for-
eign 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 sec-
tions 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 mis-
sion 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.
"SEC. 31. (a) The Secretary of State may
authorize and assist in the establishment,
maintenance, and operation by civilian of-
ficers and employees of the Government of
non-Government-operated services and facil-
ities at posts abroad, including the furnish-
ing 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 For.
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S 12560
eign Service Buildings Act, 1926 (22 U.S.C.
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 commissary or mess
services in places abroad where, in the judg-
ment of the Secretary, such services are
necessary temporarily to insure the effective
and efficient performance of official duties
and responsibilities. Reimbursements inci-
dent to the maintenance and operation of
commissary or mess service under this sub-
section 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 Treas-
ury as miscellaneous receipts.
"(c) Services and facilities established
under this section shall be made available,
insofar as practicable, to officers and em-
ployees 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 agen-
cy operates similar services or facilities
unless the Secretary determines that addi-
tional services or facilities are necessary.
Other agencies shall to the extent practi-
cable avoid duplicating the facilities and
services provided or assisted by the Secre-
tary 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 5702 of title 5,
United States Code, subsistence expenses of
(1) security officers of the Department of
State who are on authorized protective mis-
sions, and (2) members of the Foreign Serv-
ice 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 Authorities Act of 1956'.".
,(b) Section 13 (a) of such Act (22 U.S.C.
2684 (a)) is amended by striking out "Foreign
Service Act of 1946, as amended," and insert-
ing in lieu thereof "Foreign Service Act of
1980".
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 (a) (1) ) ,"
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 (2) In subsection (a) -
(A) by striking out "section 1091 of the
Foreign Service Act of 1946" and inserting in
lieu thereof "section 30 of the State Depart-
ment Basic Authorities Act of 1956", and
(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) -
(1) by striking out ", who shall receive com-
pensation 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
CONGRESSIONAL RECORD -SENATE September 15, 1980
under section 402 or 403 of the Foreign Serv-
ice Act of 1980";
(ii) by striking out "section 528" and in-
serting in lieu thereof "section 310"; and
(iii) by striking out "Reserve" the last
place it appears and all that follows and in-
serting in lieu thereof a period; and
(B) by amending paragraph (2) to read
as follows:
"(2) In order to employ such individuals
as may be necessary to perform duties that
reasonably require availability for worldwide
assignment, the President may utilize such
authority contained in the Foreign Service
Act of 1980 relating to members of the For-
eign Service and other United States Gov-
ernment officers and employees as the Presi-
dent deems necessary to carry out functions
under this Act, except that
"(A) no Foreign Service appointment or
assi:nment under this paragraph shall be for
a period of more than five years unless the
Director of the Peace Corps, under special
circumstances, personally approves an exten-
sion of not more than one year. on an indi-
vidual basis; and
"(B) no individual whose: Foreign Service
appointment or assignment under his para-
graph has been terminated shall be reap-
pointed or reassigned under this paragraph
before the expiration of a, period of time
equal to the preceding tour;,of duty of that
individual.
Such provisions of the Foreign Service Act of
1980 as the President deems appropriate shall
apply to Individuals appoilted or assigned
under this paragraph, including in all cases,
the provisions of section 310 of that Act,
except that (i) the President may by regu-
lation 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 sal-
ary increases in accordance with such regu-
lations 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 For-
eign Service assigned to the lowest class of
the Foreign Service Schedule may be ap-
pointed to an unenumerated class ranking
below the lowest class of the Foreign Service
Schedule and be paid baste compensation
at rates lower than those of the lowest class,
except that such rates may be no less than
the then applicable minimum wage rate spec-
ified 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 re-
ceived 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 in-
serting in lieu thereof "such individual"; and
(C) by striking out "substantially con-
tinuous basis" and inserting 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
1946, as amended" and inserting In lieu
thereof "section 824 of the 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 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 AssIs2ANCE 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 func-
tions tinder this Act outside the United
States, the President may employ or as-
sign individuals, or may authorize the em-
ployment or assignment of officers or em-
ployees by agencies of the United States
Government which are not authorized to
utilize the Foreign Service personnel sys-
tem, 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 with allowances and benefits
under that Act. Individuals so employed or
assigned shall be entitled, except to the ex-
tent that the President may specify other-
wise in cases in which the period of em-
ployment or assignments exceeds thirty
months, to the same benefits as are pro-
vided by section 310 of that Act for individ-
uals appointed to the Foreign Service.".
(b) Section 629(b) of the Foreign Assist-
ance Act of 1961 (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".
(c) Section 631(b) of such Act (22 U.S.C.
2391(b)) is amended by amending the sec-
ond sentence to read as follows: "Such
chief shall be entitled to receive such com-
pensation and allowances as are authorized
by the Foreign Service Act of 1980, not to
exceed those authorized for a chief of mis-
sion (as defined in section 102(a) (3) of
that Act), as the President shall determine
to be appropriate.".
(d) Section 631(c) of such Act (22 U.S.C.
2391(c)) Is amended by amending the second
sentence to read as follows: "Such person
may receive such compensation and.allow-
ances as are authorized ;by the Foreign Serv-
ice Act of 1980, not to exceed those author-
ized for a chief of mission (as defined in
section 102(a) (3) of that Act), as the Presi-
dent shall determine to be appropriate. Such
person is to be considered an employee of
the United States Government for the pur-
pose of any benefit under any law adminis-
tered by the Office of Personnel Manage-
ment.".
SEC. 2 204. Anus CONTROL AND DISARMAMENT
ACT.-(a) Section 42 of the Arms Control
and Disarmament Act (22 U.S.C. 2582) Is
amended to read as follows:
"FOREIGN SERVICE PERSONNEL
"SEC. 42. (a) The Secretary.of State may
authorize the Director to exercise, with re-
spect to members of the Foreign Service ap-
pointed. or employed for the Agency-
"(1) the authority available to the Sec-
retary under the Foreign Service Act of 1980,
and
"(2) the authority available to the Secre-
tary under any other provisions of law per-
tainingspecifically 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 sec-
tion 309 of the Foreign Service Act of 1980,
so long as the service of the individual under
such appointment does not exceed ten con-
secutive 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 fol-
lowing are repealed:
(1) The Act entitled "An Act to improve,
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strength, and expand the Foreign Service of
the United States and to consolidate and
revise the laws relating to its administra-
tion", approved August 13, 1948, titles I
through X of such Act being the Foreign
Service Act of 1946 (22 U.S.C. 801-810, 818,
817, 821, 826, 827, 841-843, 848, 861, 866-873,
878, 877, 881, 882, 886, 889, 890, 896, 900, 901,
902, 906-915, 921-924, 926-928, 936-939, 948,
947, 951, 981-966, 968, 981, 988, 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, 1103-1108, 1111, 1112, 1116,
1121, 1131, 1136-1138a, 1139, 1148-1151, and
1156-1160).
(2) Sections 401 and 413 of the Foreign
Relations Authorization Act, Fiscal Year 1979
(92 Stat 981, 986).
(3) Section 413 of the Foreign Relations
Authorization Act, Fiscal Year 1978 (91 Stat.
857).
(4) Sections 117, 120, and 522 of the For-
eign Relations Authorization Act, Fiscal
Year 1977 (90 Stat. 827, 829, 846).
(5) Section 6 of the Department of State
Appropriations Authorization Act of 1973
(87 Stat. 452).
(6) The Act entitled "An Act to promote
the foreign policy of the United States by
strengthening and improving the Foreign
Service personnel system of the Internation.
al Communication Agency through estab-
lishment 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 Educa-
tion and Cultural Exchange Act of 1981 (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)),
except that the repeal of subsection (k)
shall not become effective until January 1,
1982..
(9) Section 7(b) of the Peace Corps Act
(22 U.S.C. 2506(b)).
(10) Sections 14 and 16 of the Act en-
titled "An Act to provide certain basic au-
thority for the Department of State", ap-
proved August 1, 1958 (22 U.S.C. 2679a,
2680a).
(11) Section 124(a) (2) of the Internation-
al Development and Food Assistance Act of
1977 (91 Stat. 542).
(12) The Act entitled "An Act to make cer-
tain 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 annui-
tants under the Foreign Service retirement
and disability system", approved May 1, 1956
(22 U.S.C. 1079-1079f).
(14) The Act entitled "An Act to provide
for adjustments in the annuities under the
Foreign Service retirement and disability sys-
tem", approved September 2, 1958 (22 U.S.C.
1079g-1079j).
(15) The Act entitled "An Act to provide
for adjustments in 'the annuities under the
Foreign Service retirement and disability
system", approved July 12, 1960 (22 U.S.C.
10791).
(16) The Foreign Service Annuity Adjust-
ment Act of 1965 (22 U.S.C. 1079n1-1079s).
SEC. 2206. OTHER CONFORMING AMEND-
MENTS.-(a) (1) Section 3(b) of the Asian
Development Bank Act (22 V.S.C. 285a(b)) is
amended by striking out the "a Chief of Mis-
sion, class 2, within the meaning of the For-
eign Service Act of 1946, as amended" and
inserting in lieu 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 and 412 of the For-
eign Service Act of 1946 (Public Law 724,
Seventy-ninth Congress) for chiefs of mis-
sion" and inserting in lieu thereof "sections
401, 402, and 403 of the Foreign Service Act of
1980 for chiefs of mission, members of the
Senior Foreign Service,"; and
(B) in section 8 (22 U.S.C. 287e) by strik-
ing 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 Foreign Service Act of
1980".
(3) Section 2 of the joint resolution en-
titled "Joint Resolution providing for mem-
bership and participation by the United
States in the United Nations Educational,
Scientific, and Cultural Organization, and
authorizing an appropriation therefor", ap-
proved July 30, 1946 (22 U.S.C. 287n), is
amended by striking out "Foreign Service
officers in the scheduled contained in section
412 of the Foreign Service Act of 1946, as
amended," and Inserting in lieu thereof
"members of the Senior Foreign Service un-
der section 402 of the Foreign Service Act of
1980, or provided for Foreign Service officers
under section 403 of that Act,".
(4) Section 2 of the joint resolution en-
titled "Joint Resolution providing for mem-
bership and participation by the United
States in the World Health Organization and
authorizing an appropriation therefor", ap-
proved June 14, 1948 (22 U.S.O. 290a), is
amended by striking out "provided by sec-
tion 412 of the Foreign Service Act of 1946,
as amended," and inserting in lieu thereof
"established under section 402 or 403 of the
Foreign Service Act of 1980". _
(5) Section 203(b) of the African Develop-
ment Fund Act (22 U.S.C. 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" and insert.
ing in lieu thereof "a chief of mission under
the Foreign Service Act of 1980".
(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";
(B) in subsection (b) by striking out
"chief of mission, class 1, within the mean-
ing 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 are appointed
as Foreign Service Reserve officers may serve
for periods of more than five years notwith.
standing 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
Service serving under limited appointments
may serve for reriods of more than five years
notwithstanding the limitation in section
309 of the Foreign Service Act of 1980".
(7) The International Atomic Energy
Agency Participation Act 'of 1957 is
amended-
(A) in section 2(d) (22 U.S.C. 2021(d))-
(1) in the first sentence by striking out
"sections 411 and 412 of the Foreign Serv-
ice 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 for chiefs
of mission, members of the Senior Foreign
Service,", 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 Senior Foreign Service,"; and
(B) in section 5 (22 U.S.C. 2024)-
(I) by striking out "Foreign Service Act
of 1946, as amended," and inserting in lieu
thereof "Foreign Service Act of 1980", and
S12551
`
(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 Cul-
tural and Technical Interchange 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 1946,
as amended" and inserting in lieu thereof
"section 25 of the State Department Basic
Authorities Act of 1956".
(9) Section 104(d) of the Mutual Educa-
tional and Cultural Exchange Act of 1961
(22 U.S.C. 2454(d)) is amended by striking
out "section 528" and all that follows through
"such persons" and inserting in lieu thereof
"section 310 of the Foreign Service Act of
1980 for individuals appointed to the For-
eign Service".
(10) Section 5(s# of the Migration and
Refugee Assistance Act of 1962 (22 U.S.C.
2605(a)) is amended-
(A) in paragraph (1) by striking out "For-
eign Service personnel" and inserting in lieu
thereof "members of the Foreign Service";
(B) in paragraph (2) by striking out "For-
eign Service Reserve officers" and inserting
in lieu thereof "members of the Foreign
Service serving under limited appoint-
ments"; and
(C) in paragraph (4) by striking out "For-
eign Service Act of 1946, as amended (22
U.S.C. 801 et seq.)" and inserting in lieu
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 en-
titled "An Act to provide for greater stabil-
ity in agriculture; to augment the market-
ing 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 out "title IX
of the Foreign Service Act of 1946" and in-
serting in lieu 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
the Foreign Service Act of 1980"; and
(B) in paragraph (2) by striking out "sec-
tion 1041 of title 22" and inserting in lieu
thereof "section 701(a) of the Foreign Serv-
ice Act of 1980".
(d) Section 8(a) (1) of the Defense De-
partment Overseas Teachers Pay and Per-
sonnel 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 "sec-
tion 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 1980".
(2) Section 170(1) of the Internal Reve-
nue Code of 1954 (26 U.S.C. 170(i)) is
amended by amending paragraph (8) to
read as follows:
"(6) For treatment of gifts accepted by the
Secretary of State, the Director of the Inter-
national Communication Agency, or the Di-
rector of the United States International
Development Cooperation Agency, as gifts to
or for the use of the United States, see sec-
tion 25, of the State Department Basic Au-
thorities Act of 1958.".
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(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,".
(4) Section 2055(f) (5) of the Internal
Revenue Code of 1954 (26 U.S.C. 2055(f) (5) )
is amended to read as follows:
"(5) For treatment of gifts, devises, or be-
quests accepted by the Secretary of State, the
Director of the International Communica-
tion Agency, or the Director of the United
States International Development Coopera-
tion Agency as gifts, devices or bequests to
or for the use of the United States, see sec-
tion 25 of the State Department Basic Au-
thorities Act of 1956.".
(f) Section 235 of title 38, United States
Code, Is amended-
(1) in paragraph (1) by striking out "Sec-
tion 1131 of title 22" and inserting in lieu
thereof "Section 905 of the Foreign Service
Act of 1980";
(2) in paragraph (2) by striking out "Sec-
tion 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";
(3) In' paragraph (3) by striking out
"Section 1138 of title 22" and inserting in
lieu thereof "Section 901(13) of the For-
eign 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
(5) In paragraph (5) by striking out
"Section 1156 of title 22" and inserting in
lieu thereof "Section 904(d) of the Foreign
Service Act of 1980".
(g) Section 415(c) of the Domestic Volun-
teer Service Act of 1973 (42 U.S.C. 5055 (c))
is amended-
(1) in paragraph (1) by striking out "Sec-
tion 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 "For-
eign Service Act of 1946" and inserting in
lieu thereof "Foreign Service Act of 1980".
SEC. 2207. RETIREMENT FOR BINATIONAL
CENTER EMPLOYEES.-Any person who was
appointed as a Binational Center Grantee
and who has completed at least five years of
satisfactory service as such a grantee or
under any other appointment under the For-
eign Service Act of 1946 may become a par-
ticipant in the Foreign Service retirement
and disability system and may make an ap-
propriate contribution to the Foreign Serv-
ice retirement and disability fund in ac-
cordance with the provisions of this Act.
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 FOL-
LOWING LIMITED APPOINTMENT IN
THE FOREIGN SERVICE
'13597. Reemployment following limited
appointment in the Foreign
Service
"An employee of any agency who accepts,
with the consent of the head of that agency,
a limited appointment in.the Foreign Service
under section 309 of the. Foreign- Service Act
of 1980 is entitled, upon the expiration of
that appointment, to be reemployed in'that
employee's former position or in a corre-
sponding 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 re-
mained 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 ap-
pointment in the Foregin 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 DE-
PARTURES FROM POSTS ABROAD.-(a) Section
5522(a) of title 5, United States Code, is
amended-
(1) by striking out "evacuation" and in-
serting in lieu thereof "departure"; and
(2) by striking out "is ordered for military
or other reasons which create imminent dan-
ger to the life or lives of the employee or of
his dependents or immediate family" and in-
serting 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 employee, their de-
pendents, or both; or
"(2) from any place where there is im-
minent 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 "evacua-
tion" and inserting in, lieu thereof "depar-
ture".
(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 or-
dered 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 "evacua-
tion" 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 de-
part" and "departure", respectively.
SEC. 2304. PREMIUM PAY.-(a) Paragraph
(2) of section 5541 of title 5, United States
Code, is amended-
After clause (xv), add "(xvi) a member of
the Senior Foreign Service; or"
(b) Nothing in this Act shall be construed
as precluding compensatory time for Foreign
Service officers.
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 any".
SEC. 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 I1 of title I of the Foreign
Service Act of 1980," immediately after "chap-
ter 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 Foreign Service) in section
1015 of the Foreign Service Act of 1980" im-
mediately after "section 7116 of this title".
SEC. 2307. SEPARATE MAINTENANCE ALLOW-
ANcE.-Section 5924(3) of title 5, United
States Code, is amended-
(1) by inserting "or authorized" immedi-
ately after "compelled"; and
(2) by inserting "or who requests such an
allowance because of special needs or hard-
ship involving the employee or the em-
ployee's spouse or dependents," immediately
after "for the convenience of the Govern-
ment,".
SEC. 2308. EDUCATION ALLOWANCE -Section
5924(4) (B) of title 5, United States Code,
is amended by striking out " (1) " and all
that follows through and including "each
type of education" and inserting in lieu
thereof "one annual trip each way for each
dependent".
SEC. 2309. POSTS REQUIRING SPECIAL IN-
cENTivES.-Section 5925 of title 5, United
States Code, is amended-
(1) by striking 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
(3) by adding at the end thereof the fol-
lowing new subsection:
"(b) Any employee granted a differential
under subsection (a) of this section may
be granted an additional differential for an
assignment to a post determined to have
especially adverse conditions of environment
which warrant additional pay as a recruit-
ment 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 con-
ditions;
"(2) may be paid periodically or in a
lump sum; and
"(3) may not exceed 15 percent of the
rate of basic pay for that employee for the
period Served under that assignment.".
SEC. 2310. ADVANCES OF PAY.-(a) Sub-
chapter III of chapter 59 of title 5, United
States Code, is 'amended by adding at the
end thereof the following new section:
5927. Advances of pay
"Up to three months' pay may be paid
in advance to an employee upon the as-
signment of the employee to a post in a for-
?eign 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. 2811. DANGER PAY ALLOWANCE.-(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:
"? 5928. Danger pay allowance
"An employee serving in a foreign area
may be granted a danger pay allowance on
the basic 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 denger pay allowance may not exceed
twenty-five percent of the basic pay of the
employee, except that if an employee is
granted an additional differential under
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, is amended by section
23(b), is further amended by inserting after
the item relating to section 5927 the follow-
ing:
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"5928. Danger pay allowance.".
SEC. 2312. LEAVE.-(a) Section 6301 of title
5, United.States Code, is amended by addin'
at the end thereof the following new sen-
tence:
Notwithstanding clauses (x)-(xii) of para-
graph (2), the term 'employee' includes any
member of the Senior Foreign Service or, any
Foreign Service Officer (other than a mem-
ter 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 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:
"(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 imme-
diately after "States" in the first sentence
"(or after a shorter period of such service
if the employee's assignment is terminated
for the convenience of the Government".
SEC. 2313. RETIREMENT CREDIT FOR IMPRIS-
ONED FOREIGN NATIONALS.-Se--tion 8332(b)
of title 5, United States Code, is amended
by striking out "and" at the end of para-
graph (8), by striking out the period at the
end of paragraph (9) and inserting in lieu
thereof "; and", and by inserting after para-
graph (9) the following new paragraph:
"(10) periods of imprisonment of a for-
eign national for which compensation is
provided under section 410 of the Foreign
Service Act of 1980, if the individual (A)
was subject to this subchapter during em-
ployment with the Government last preced-
ing imprisonment, or (B) is qualified for
an annuity under this subchapter on the
basis of other service of the individual.".
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 of a Foreign
Service staff officer or employee retired under
section 1063 of title 22" and inserting in lieu
thereof "member of the Foreign Service re-
tired under section 812 of the Foreign Serv-
ice of 1980".
(b) Section 5102(c) (2) of title 5, United
States Code, is amended by striking out "em-
"chapter 14 of title 22" and inserting in lieu
thereof "the Foreign Service Act of 1980".
(e) Section 5727(e) (2) 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.".
(f) (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 6, United
States Code, is amended by striking out "an
officer" and inserting in lieu thereof "a chief
of mission".
(g) Section 7103(a) (2) (iv) of title 5,
United States Code, is amended by striking
out "the Agency for International Develop-
ment, or" and inserting before the semi-
colon ", the United States International De-
velopment Cooperative Agency, the Depart-
ment of Agriculture, or the Department of
Commerce".
(h) Section 8501(1) (C) of title 5, United
States Code, is amended by striking out "For-
eign Service personnel for whom special sep-
aration allowances are provided under chap-
ter 14 of title 22" and inserting in lieu there-
of "members of the Foreign Service for whom
payments are provided under section 609(b)
(1) of the Foreign Service Act of 1980".
SEC. 231. RETIREMENT CREDIT FOR "RADIO"
SERVICE.-(a) Subsection 8332(b) of title 5,
United States Code, is amended by adding
the following new paragraph (10) imme-
diately following paragraph (9) thereof to
read as follows:
"(10) Subject to sections 8334(c) and
8339(1) of this title, service in any capacity
of at least 130 working days per year per-
formed after July .1, 1946 for the National
Committee for a Free Europe; Free Europe
Committee, Inc.; Free Europe, Inc.; Radio
Liberation Committee; Radio Liberty Com-
mittee; or their subdivisions; Radio Free
Europe/Radio Liberty, Inc.; Radio Free Asia;
the Asia Foundation; or the American Forces
Network, Europe (AFN-E).".
(b) Such subsection 8332(b) is further
amended by adding at the very end the
following:
"The Office of Personnel Management shall
accept the certification of the Executive Di-
rector of the Board for International Broad-
casting concerning services for the purposes
of this subchapter of the type performed by
an employee named by paragraph (10) of
this subsection.".
CHAPTER 4-SAVING PROVISIONS, CONGRES-
SIONAL OVERSIGHT, AND EFFECTIVE DATE
ployees in the Foreign Service of the United SEC. 2401. SAVING PROVISIONS: (a) All de-
States whose pay is fixed under chapter 14 terminations, authorizations, regulations,
of title 22" and insert in lieu thereof "mem- orders, agreements, exclusive recognition of
bers of the Foreign Service whose pay is fixed an organization or other actions made, issued,
under the Foreign Service Act of 1980". undertaken, entered into, or taken under the
(c) (1) Section 5301(c) Of title 5, United authority of the Foreign Service Act of 1946
States Code, is amended- or any other law repealed, modified, or af-
(A) by inserting "or" at the end of para- fected by this Act shall continue in full force
graph (1) ; and effect until modified, revoked; or super-
(B) by striking out paragraph (2); and seded by appropriate authority. Any griev-
(C) by redesignating paragraph (3) as ances, claims, or appeals which were filed or
paragraph (2). made under any such law and are pending
(2) Section 5303(a) of title 5, United resolution on the effective date of this Act
States Code, is amended- shall continue to be governed by the pro-
,(A) by inserting "or" at the end of para- visions repealed, modified, or affected by this
graph (1) ; Act.
(B) by redesignating paragraph (3) as (b) This Act shall not affect any increase
paragraph (2) ; in annuity or other rights to benefits, which
(C) by striking out "; or" at .the end of was provided by any provision amended or
such redesignated paragraph and inserting repealed by this Act, with respect to any
in lieu thereof a period; and individual who became entitled to such bene-
(D) by striking out paragraph (4). fit prior to the effective date of this Act.
(23) Section 5304 of title 5, United States ? (c) References in law to provisions of the
Code, is amended by striking out "chapter Foreign Service Act of 1946 or other law
14 of title 22" and inserting in lieu thereof superseded by this Act shall be deemed to
"the Foreign Service Act of 1980". include reference to the corresponding pro-
(d) Section 5724(g) of title 5, United visions of this Act.
States Code, is amended by striking out SEC. 2402. CONGRESSIONAL OVERSIGHT OF
of 12-553
IMPLEMENTATION.-(a) Within fifteen months
after the effective date of this Act, the Sec-
retary of State shall submit to the Speaker
of the House of Representatives and to the
Committee on Foreign Relations of the Sen-
ate a report describing the implementation of
this Act during the fiscal year 1981 by the
agencies utilizing the Foreign Service per-
sonnel system. Such report shall-
(1) describe the steps taken and planned
in furtherance of (A) maximum compatibil-
ity among such agencies, as provided for in
section 203, and (B) the development of uni-
form policies and procedures and consoli-
dated personnel functions, as provided for in
section 204;
(2) indicate the progress made by each
such agency in the conversion of personnel
and position classifications in accordance
with chapter 1 of this title; and
. (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 respect to each of the
relevant promotion competition groups the
projected ranges of rates of appointment,
promotion, and attrition over each of the
five fiscal years 1981 through 1985.
(b) Beginning in 1982, the Secretary of
State shall submit each year to the Speaker
of the House of Representatives and to the
Committee on Foreign Relations of the Sen-
ate a supplemental report describing any rel-
evant developments with respect to the mat-
ters reported on under paragraphs (1) and
(2) of subsection (a) and, with respect to
paragraph (3) of such subsection, a revised
projection of the ranges of rates of appoint-
ment, 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, attrition. The re-
port shall explain fully any deviations from
projections reported in the preceding year.
1(c) The Secretary shall consult, in accord-
ance with the procedures set out in section
1013(g), with the exclusive representative (if
any) of 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 reported under this section. To
that end, each such exclusive representative
will have timely access to all relevant infor-
mation at each stage. Each such report shall
include the views of each such exclusive rep-
resentative on any and all aspects of the
report and the information contained in such
report.
SEC. 2403. EFFECTIVE DATE: (a) Except as
otherwise provided, this Act shall take ef-
fect at the end of the 90-day period begin-
ning on the date of enactment of this Act.
(b) Personnel actions may be taken on
and after the effective date of this Acton
the basis of any then current Foreign Serv-
ice 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 appli-
cation of the limitation in section 305(b)
until October 1, 1985. Prior to that date,
the number of members serving in the Senior
Foreign Service under limited appointments
by the Secretary of Commerce may not ex-
ceed 10 at any one time (excluding indi-
viduals with reemployment rights under sec-
tion 310 as career appointees in the Senior
Executive Service).
(d) The provisions of chapter 8 of title I
regarding the rights of former spouses to
any annuity,under section 814(a) shall ap-
ply in the case of any individual who after
the effective date of this Act becomes a
former spouse of an individual who sepa-
rates from the Service after such date.
(2) The provisions of such chapter re-
garding the rights of former spouses to re-
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ceive survivor annuities under section 814
(b) shall apply in the case of participants or
former participants in the. Foreign Service
Retirement and Disability System who die
after such effective date.
Mr. PELL. Mr. President, I move to
reconsider the vote by which the bill was
passed.
Mr. PERCY. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
Mr. PELL. Mr. President, I ask that
-S. 3058 be indefinitely postponed.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. WARNER. Mr. President, I would
like the record to reflect that if the yeas
and nays had been ordered on the previ-.
ous vote, I would have been recorded in
the affirmative as voting on that.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT - INDE-
PENDENT AGENCIES APPROPRIA-
TIONS, 1981
The PRESIDING OFFICER. Under
the previous order, the Senate will now
proceed to the consideration of H.R. 7631,
which the clerk will state by title.
The legislative clerk read as follows:
A bill (H.R. 7631) making appropriations
for the Department of Housing and Urban
Development, and for sundry independent
agencies, boards, commissions, corporations.
and offices for the fiscal year ending Sep-
tember 30, 1981, and for other purposes.
The Senate proceeded to consider the
bill which had been reported from the
Committee on Appropriations with
amendments.
Mr. PELL. Mr. President, I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER OF PROCEDURE
Mr. ROBERT C. BYRD. Mr. Presi-
dent, there will be no more rollcall votes
today. Rolicall votes are expected to-
morrow on the military construction
authorization bill -and on the HUD ap-
propriations bill. There will be no session
this coming Saturday. I expect rollcall
votes daily, however, through Friday of
this week.
Mr. President, X suggest the absence
of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without
Objection, It is so ordered.
ROUTINE MORNING BUSINESS
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent that there
be a brief period for the transaction of
routine morning business and that Sen-
ators may speak therein for a period not
to extend beyond 15 minutes.
. The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ENFORCEMENT - OF SUBPENA OF
THE PERMANENT SUBCOMMIT-
TEE ON INVESTIGATIONS
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent that the
Senate proceed to the consideration of
Calendar Order No. 981.
The PRESIDING OFFICER. Is there
objection?
Mr. STEVENS. There is no objection.
The PRESIDING OFFICER. The reso-
lution will be stated by title.
The legislative clerk read as follows:
A resolution (S. Res. 502) directing the
Senate Legal Counsel to bring civil action
to enforce subpena of the Permanent Sub-
committee on Investigations.
There being no objection, the Senate
proceeded to consider the resolution.
The PRESIDING OFFICER. The
question is on agreeing to the resolution.
The resolution (S. Res. 502) was
agreed to.
The preamble was agreed to.
The resolution, with its preamble.
reads as follows:
. S. RES. 502
Whereas the Senate Permanent Subcom-
mittee on Investigations subpenaed William
Cammisano to testify at a subcommittee
hearing on May 1, 1980, and was immunizzed
under court order against self-incrimination
by his testimony but refused to answer the
subcommittee's questions, and
Whereas under section 703(b)- of the
Ethics to Government Act of 1978 (2 U.S.C.
288(b)), the Senate Legal Counsel shall
bring a civil action to enforce a subpena of
a Senate subcommittee only when directed
to do so by the adoption of a resolution
by the Senate: Therefore be it
Resolved, That the Senate Legal Counsel
shall bring a civil action in the name of
the Senate Permanent Subcommittee on
Investigations to enforce the subcommit-
tee's subpena to William Cammisano, and
that the Senate Legal Counsel shall conduct
all appeals, contempt proceedings, and other
ancillary legal proceedings, relating to tes-
timony of William Cammisano before the
subcommittee; and be it further
- Resolved, 'that the Senate Permanent
Subcommittee on investigations has certi-
fied a continuing interest In and need for
the proposed testimony of William Cam-
misano concerning organized crime in Kan-
sas City and related matters for the re-
mainder of the Ninety-sixth Congress and
throughout the Ninety-seventh Congress.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I move to reconsider the vote by
which the resolution was agreed to.
Mr. STEVENS. Mr. President, I move
to lay that motion on the table.
The motion to lay on the table was
agreed to.
WITHDRAWAL AND RELEASE OF
CERTAIN RECORDS AND DOCU-
MENTS
Mr. ROBERT C. BYRD. Mr. President,
8 send to the desk a Senate resolution
on behalf of Mr. CHILES and ask for its
immediate consideration.
The PRESIDING OFFICER. The res-
olution will be stated by title.
The legislative clerk read as follows:
A resolution (S. Res. 519) to authorize
the withdrawal and release of certain rec-
ords and documents created or obtained by
and in the possession of the Special Com-
mittee on Aging to the Office of Disciplinary
Counsel, Supreme Court State of Hawaii.
The PRESIDING OFFICER. Is there
objection to the present consideration
of the resolution?
There being no objection, the Senate
proceeded to consider the resolution.
The PRESIDING OFFICER. The
question is on agreeing to the resolu-
tion.
The resolution (S. Res. 519) was
agreed to.
The preamble was agreed to.
The resolution, with its preamble, Is
as follows:
S. Rzs. 519
Whereas the Office of Disciplinary Counsel,
Supreme Court, State of Hawaii, has re-
quested certain materials and information
created or obtained by and in the possession
of. the Special Committee on Aging as a re-
sult of Its official activities; and
Whereas, by the privileges of the Senate
of the United States and by Rule XI of the
Standing Rules of the Senate, no Member,
officer, or employee of the Senate is author-
ized to produce documents, papers, or rec-
ords of the Senate but by order of the Sen-
ate and information secured by Members,
officers, and employees of the Senate pursu-
ant to their official duties may not be re-
vealed without the consent of the Senate:
Now, therefore, be it
Resolved, that the Chairman of the Special
Committee on Aging is authorized, at his
discretition and subject to such conditions as
he may deem appropriate, to provide the Of-
fice of Disciplinary Counsel, Supreme Court,
State of Hawaii, with certain records, docu-
ments, papers, and other information, or cop-
ies thereof, created or obtained by and in the
possession of the Committee as requested by
the Office of Disciplinary Counsel, Supreme
Court, State of Hawaii.
ORDER TO HOLD MESSAGE ON
HOUSE JOINT RESOLUTION 607 AT
THE DESK UNTIL TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that a message
from the House on House Joint Reso-
lution 607 be held at the desk until to-
morrow.
Mr. STEVENS. Mr. President, there
Is no objection.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080008-5