FOREIGN SERVICE ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000100080009-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 21, 2016
• Document Release Date: October 27, 2008
• Sequence Number: 9
• Publication Date: September 11, 1980
• Content Type: OPEN SOURCE

S12444
on page 8; and nominations placed on
the Secretary's desk on page 9.
Mr. BAKER. Mr. President, reserving
the rig'?:c to object, and I shall not object,
the reservation is for the purpose of ad-
vising the majority leader that the ex-
ecutive calendar items just identified by
him ar cleareed on our calendar, and I
might say after rather extensive negotia-
tions, and that we have no objection to
their consideration and confirmation.
Mr. ROBERT C. BYRD. Mr. President,
I thank the minority leader.
I do thank him for getting clearance
on those nominations.
Mr. President, I ask unanimous con-
sent that these nominees be considered
en bloc and confirmed en bloc.
The PRESIDING OFFICER. Without
objection, the nominations are consid-
ered en bloc and confirmed en bloc.
The nominations considered and con-
firmed en bloc are as follows:
DEPARTMENT OF THE INTERIOR
Lindsay D. Norman, Jr., of Maryland, to be
Director of the Bureau of Mines.
U.S. METRIC BOARD
Francis R. Dugan, of Ohio, and Dennis R.
Smith, of Massachusetts, to be members of
the U.S. Metric Board.
CORPORATION FOR PUBLIC BROADCASTING
Howard A. White, of New York, to be a
member of the Board of Directors of the
Corporation for Public Broadcasting.
THE JUDICIARY
Stephen R. Reinhardt, of California, to
be U.S. circuit judge for the 9th circuit.
IN THE ARMY
Maj. Gen. Robert Haldane, 131-14-7236,
U.S. Army, to be lieutenant general.
Maj. Gen. Robert Joseph Lunn, 361-14-
7936, U.S. Army, to be lieutenant general.
Maj. Gen. Harry Augustus Griffith, 113-18-
4835, U.S. Army, to be lieutenant general.
IN THEMARINE CORPS
Lt. Gen. Edward J. Miller, U.S. Marine
Corps, age 57, for appointment to the grade
indicated on the retired list pursuant to
the provisions of title 10, United States Code,
section 5233, to be lieutenant general.
Maj. Gen. Richard E. Carey, 279-20-96-19,
U.S. Marine Corps, to be lieutenant general.
NOMINATIONS PLACED ON THE SECRETARY'S
DESK IN THE AIR FORCE, ARMY, NAVY, AND
MARINE CORPS
Air Force nominations beginning Albert R.
Amalfitano, to be lieutenant colonel, and
ending William E. Dussetschleger, to be
lieutenant colonel, which nominations were
received by the Senate and appeared in the
CONGRESSIONAL RECORD on August 25, 1980.
Army nominations beginning Larry D.
Aaron, to be major, and ending Joseph Saint
Clair, to be first lieutenant, which nomina-
tions were received by the Senate and ap-
peared in the CONGRESSIONAL RECORD On Au-
gust 1. 1980.
Army nominations beginning Michael H.
Abbott, to be lieutenant colonel, and ending
John J. Zegarski, to be lieutenant colonel,
which nominations were received by the Sen-
ate and appeared in the CONGRESSIONAL
RECORD on August 18, 1980.
Army nominations beginning Gary D. Bur-
rows, to be major, and ending Larry Smith,
to be second lieutenant, which nominations
were received by the Senate and appeared
in the CONGRESSIONAL RECORD on August 18,
1980.
Navy nominations beginning Raymond J.
Adams, to be ensign, and ending Sheldon
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CONGRESSIONAL RECORD -SENATE September 11, 1980
Brotman, to be commander, which nomina-
tions were received by the Senate and ap-
peared in the CNGRESSIONAL RECORD on Au-
gust 1, 1980.
Marine Corps nominations beginning
Ttmothy C. Abe, to be second lieutenant, and
ending Larry R. Shannon, to be second lieu-
tenant, which nominations were received by
the Senate and appeared in the CONGRES-
SIONAL RECORD On August 18, 1980.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I move to reconsider the vote by
which the nominations, were confirmed
en bloc.
Mr. BAKER. Mr. President,'I move to
lay that motion on the table.
The motion to lay one the table was
agreed to.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Presi-
dent be immediately notified of the con-
firmation of these nominations.
The PRESIDING OFFICER. Without
objection, it is so ordered.
LEGISLATIVE SESSIONi
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Sen-
ate return to the consideration of leg-
islative business.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. 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. 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.
CONCLUSION OF MORNING
BUSINESS
Mr. ROBERT C. BYRD. Mr. President,
I ask that morning "business be closed.
The PRESIDING OFFICER. Without
objection, it is so ordered.
FOREIGN SERVICE ACT OF 1980
The PRESIDING OFFICER. The
clerk will report the pending business.
The assistant 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. HELMS. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistant legislative clerk pro-
ceeded to.call the roll.
Mr. HELMS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Withoub
objection, it is so ordered.
Mr. HELMS. I thank the Chair.
Mr. President, a parliamentary in-
quiry.
The PRESIDING OFFICER. The
Senator will State it.
Mr. HELMS. What is the pending
business?
The PRESIDING OFFICER. The
clerk will report the pending business.
The assistant legislative clerk read as
follows:
S. 3058; a bill to promote the foreign
policy of the United States by strengthening
and improving the Foreign Service of the
United States, and for other purposes.
Mr. HELMS. I thank the Chair and
I thank the clerk.
The PRESIDING OFFICER. The
Senator from North Carolina is recog-
nized.
Mr. HELMS. Mr. President, the pend-
ing legislation, which has been agreed
to by the majority of the Committee on
Foreign Relations, fails to resolve the
more serious weaknesses of the present
Foreign Service. Indeed, several provi-
sions will make the Foreign Service even
less efficient in some respects and will
deepen the crisis of morale which is
presently endemic in the Service.
The Foreign Service of the United
States and the diplomatic establishment
which it is intended to serve have been
in a state of crisis and decline for at
least a decade, perhaps a generation.
Their decline has accompanied, and con-
tributed to, the decline of the United
States as a world power. Thus the solu-
tion of the fundamental diplomatic
functions of the Foreign Service should
be seen in terms of the fundamental
foreign policy goals of the United States.
Neither the committee bill, nor the
administration bill, H.R. 6790, addresses
the problems of the Foreign Service in
terms of these larger issues.
Neither the committee bill nor the
administration bill recognizes that the
crisis in the Foreign Service does not
arise mainly from such administrative
issues as the number of classes of For-
eign Service officers, the categories of its
personnel, or even the promotion and
selection out procedures it employs. It
arises instead from confusions as to the
proper, role of the traditional Foreign
Service in foreign policy; its status
among the Federal departments and
agencies, including the Central Intelli-
gence Agency; its specific functional
role within the Department of State
with its separate civil career and ex-
cepted service personnel; and its ability
to recruit quotas of women and minority
personnel without a reduction in the
professional quality of its members.
These fundamental problems, Mr.
President, are not solved but, indeed,
they are exacerbated by"the committee
bill, which is at best an effort to recon-
cile special interests rather than the
creation of the best professional diplo-
matic and consular service which the
United States could provide. At a time
when there is an increasing use of pri-
vate citizens and personnel from the
White House and other departments to
perform diplomatic missions of the most
delicate nature, the Congress should not
permit public attention to be deflected
from the serious problems which the
Foreign Service faces.
Foreign Service reform should recog-
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September 11, 1980
CONGRESSIONAL RECORD - SENAT E
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EXECUTIVE SESSION
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Senate
go into executive session.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Senate
proceed, for not to exceed 2 minutes, to
consider the following nominations:
Lindsay D. Norman, Jr., Director of
the Bureau of Mines, Calendar Order No.
265; Francis R. Dugan, and Dennis R.
Smith under the U.S. Metric Board;
Howard A. White, Corporation for Pub-
lic Broadcasting; Stephen R. Reinhardt,
of the Judiciary; nominations listed
under U.S. Army and U.S. Marine Corps
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September 11, 1980 CONGRESSIONAL CbRD-SENATE S22445.
nize that the Corps is essentially the elite
service, that differs fundamentally from
the civil service. Although many of the
cosmic problemb- relating to foreign pol-
icy must await a major reorganization of
the foreign affairs agencies, including
even certain functions of the Depart-
ments of Agriculture, Commerce, Treas-
ury, and the military departments, Con-
gress should focus on the immediate is-
sues that trouble the Foreign Service
today.
These issues are: selection and recruit-
ment standards; classification and re-
cruitment standards; classification of
positions; pay and retirement benefits;
labor-management relations; and sup-
plemental compensation for the burdens
and dangers with which foreign service
personnel must contend.
The basic philosophy behind legisla-
tion specifically distinguishing the for-
eign service from the civil service should
relate to the additional rigorous duties,
greater sacrifices, more dedication to
hazardous and onerous service. Conse-
quently, Congress should begin with the
policy that foreign service personnel
must have all the rights and prerequi-
sites of civil, service personnel, plus such
additional safeguards and rewards and
protections which take cognizance of the
greater demands on professional quali-
fication and personal character and
dedication.
The committee bill addresses the prob-
lems of the Foreign Service from the
standpoint of improving administration
of the Department, without regard to
the function of the Foreign Service. Pro-
per reform should, and must, heighten
It the character of the Foreign Service as
an elite institution, while at the same
time demanding a higher calibre of per-
formance. It should recognize the in-
creased hazard of service abroad, as well
as the increased inconveniences and lia-
bilities which accrue to family and pro-
fessional life in times of uncertainty and
rapid shifts in the international eco-
nomic order. Finally, Mr. President, it
should provide for a humane and sen-
sible system for the elimination of re-
dundant personnel, so that the taxpayers'
money will not be continued to be
wasted as is now the case.
In my opinion, the committee bill has
failed to do this. It has not even taken
note of such risks as the risk of being
taken hostage-a situation which is cer-
tainly familiar to all Senators, indeed, to
all Americans today.
Last month, on July 29, to be exact, I
introduced S. 2986, which consists of
only 11 pages of text, in contrast to the
committee bill which is now pending.
The committee bill, I would mention, has
250 pages. It covers the essential points
in simple and understandable form-
and I am referring to S. 2986 when I say
this. These 11 pages of S. 2986 achieve
more directly and more simply the es-
sential urgent reforms which are now
long overdue.
My bill, S. 2986, is like S. 3058, in that
it provides a unified salary schedule for
all Foreign Service personnel linked di-
rectly to Civil Service general schedule
4 through 18, and enacts into statute
present worldwide agency bargaining
units now established by Executive order.
The principal difference, Mr. President,
the difference between my bill, S. 2986,
and the pending bill, S. 3058, the com-
mittee bill, is that my bill does not create
a Senior Foreign Service. The top three
salary classes, corresponding to GS 16,
17, and 18, are continuations of the same
promotion process used throughout the
Foreign Service ranks. The Senior For-
eign Service, as constituted in S. 3058,
the committee bill, is the seedbed of fu-
ture frustration and discontent among
our Foreign Service officers..
And I would say parenthetically, Mr.
President, that if the Senate fails to take
note of this and fails to adopt the amend-
ment in the nature of a substitute, which
I shall shortly call up, then future Sen-
ates will have to deal with many prob-
lems, not to mention the State Depart-
ment and our entire Government, as well,
in its international relations.
The Senior Foreign Service will be
open to charges of arbitrary personnel
management, political favoritism, crony-
ism, and manipulation of the system for
reasons of bureaucratic power. And now,
Mr. President, is the time to prevent that.
I hope Senators who may be reading
the RzcosD of what is being said here
this morning by the Senator from North
Carolina will bear in mind that the pend-
ing legislation is not pro forma. It is de-
cidedly and vitally important if we are
to make meaningful reforms in our For-
eign Service.
I think that we should take a look at
exactly what has been happening in the
promotion system at the. present time.
Secretary after Secretary has refused to
use the tools which have been provided
to him to manage the personnel system
effectively. The old theory of promotion
is "up of out," that is, if an officer does
not get promoted within a reasonable
time-in-class, based on the needs of the
Service, then that officer is selected out
by a selection panel of his peers.
But the plain truth, Mr. President, is
that system has not been working. I sug-
gest that every member of the Foreign
Relations Committee knows this or
should know it. According to the House
hearings on this legislation, there have
been 3,345 Foreign Service officers se-
lected out between 1969 to 1978. During
that period, 71 percent of the selection
outs were under the time-in-class pro-
vision, while 29 percent were selected out
for substandard performance.
But the real problem, Mr. President,
is that in the upper two classes, FS-1 and
FS-2, there have been no officers selected
out since 1974. There have been retire-
ments for age and voluntary resigna-
tions, but none have been selected out.
In other words, the system has stopped
working at the top, and it is not working
very well any where along the line.
I say again, now is the time to correct
that. I say again that neither the pend-
ing bill nor the administration bill does
the job.
What is the result?
The result is that there has been an
impactment of officers at the top. Some
estimates place the number of redun-
dant officers at the top between 100 and
150, making it more and more difficult
to justify promotions all along the line.
It should be noted that this problem is
particularly acute at State, but is not a
problem at all at ICA. Yet the officers at
ICA will be subjected to the same drastic
remedy under S. 2058.
What happens under this bill is that
present FS-l's and FS-l's will be offered
the choice of converting to the Senior
Foreign Service within 120 days after this
bill is enacted, or remaining where they
are. Those are the 2 choices. If they re-
main where they are, they face manda-
tory retirement in 3 years. If they chose
to go in the Senior Foreign Service, they
have a three-year tenure-or possibly as
long as five. Then they can be promoted,
or they can be reappointed for a limited
tenure of five years, after which they
are out.
Thus, in order to cure an administra-
tive problem, S. 3058 proposes a system
which-and I want to be as charitable
as I can be in assessing S. 3058-is arbi-
trary, capricious,. and subject to subjec-
tive administration. objectivity is out the
window. Moreover, it proposes a drastic
change for many officers all at once.
What it does is to push the bulge at the
top into an arbitrary system.
Mr. President, I will say to Senators,
that is inviting deep trouble.
It is my understanding that upward
of 1,500 new salary slots will be created
under this legislation by the Secretary.
The legislation itself does not address
how this will be done, nor how will Con-
gress have any control over the rate at
which this is done. There is the danger
that the rapid conversions envisioned in
the transition sections of S. 3058 will re-
sult in the senior slots being filled very
rapidly, thus freezing promotions at the
top level for a considerable length of
time.
In my view, the Senior Foreign Serv-
ice is unnecessary and will create many,
many problems up and down the line.
The present selection board system
should be retained, but it should be put
under pressure to work more effectively,
and to make sure that the needs of the
service are taken into consideration con-
stantly all down the line. We should not
continue to promot too many people all
along, and then cut them off in the end.
There should be a natural, constant at-
trition.
There should be more emphasis, there-
fore, on the idea of the Foreign Service
as an elite service, with rigorous stand-
ards, and more efficient practices.
Mr. President, I have tried to do my
homework on this matter, and I believe
I am correct in what I am about to say.
My bill would emphasize both the elite
caliber of the Service, and the efficiency
of its operation. My bill would require
that all jobs filled by Foreign Service
personnel be classified by the office of
Personnel Management according to
civil service standards. This would give
an objective benchmark for efficiency.
The Secretary would have to place per-
sonnel in jobs corresponding to their sal-
ary level, and report to Congress on how
well this is being done. Thus Congress
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12446 CONGRESSIONAL RECORD -SENATE September 11, 1980
would have some criteria to. form the
basis of appropriations of the taxpayers'
money for the operation of the Service.
My bill would provide greater rewards
for Foreign Service personnel, including
a tax-free bonus at all levels and in-
creased pensions in recognition of the
disruptions caused by the worldwide
availability and by increased hazards.
But it would also encourage more
selection out of redundant personnel,
and Congress would be aware if this were
not happening. It would provide in-
creased prestige for the service, but it
would also require written examinations
for promotions for the first five grades,
thus insuring objective not subjective
standards for appointment and promo-
tion.
It would also, in recognition of the spe-
cial debt owed to Foreign Service person-
nel who do become hostages, grant in-
creases in pensions depending upon the
number of days held, with options for
immediate retirement.
And, I might add, in spite of the in-
creased rewards for employees, my bill
will not cost the taxpayers anything more
because of the savings resulting from
increased efficiency, better utilization of
personnel, and a smaller staff.
My bill, I believe, is far more equitable
both to employees and to the taxpayer.
I might add, Mr. President, that it has
received high praise from labor leaders
who are involved in this area. The For-
eign Affairs Employees Council, AFL-.
CIO, has expressed its enthusiastic en-
dorsement of my bill, in a letter which
will be on every Senator's desk prior to
the vote on my proposal on Monday. H
hope that senators will read it.
Mr. Abe Harris, who is president of the
American Federation of Government
Employees Local 1812, which represents
some 2,000 Foreign Service employees at
the, U.S. International Communication
Agency as their exclusive bargaining
agent has also written a similar letter
of endorsement. The AFGE, of course,
represents some 700,000 Federal employ.
ees in 50 States. Mr. Harris states that
my legislation, is "a clear and straight-
forward bill which focuses on issues basic
to the Foreign Service.,,
Mr. President, I ask unanimous con-
sent that both these letters may be
printed in the REcoRD at this point.
There being no objection, the letters
were ordered to be printed in the RECORD,
as follows:
A,FGE,
Washington, D.C., September 9, 1980.
Ron. JESSE A. HELMS,
Senate of the United States,
Washington, D.C.
DEAR SENATOR HELMS: The American Fed-
ration of Government Employees Local 1812
represents some 2,000 Foreign Service em-
ployees at the United States International
Communication Agency. Our international
organization represents some 700,000 Federal
employees in 50 states. We have represented
USICA Foreign Service officers since 1976,
when they determined that the American
Foreign Service Association, was not properly
protecting their interests, and elected AFGE
1812 to be their exclusive representative in
all employee-management matters.
Since the introduction by request of the
proposed Foreign Service Act, we have noted
and suggested improvements in the bill.
Always our concern was that the bill did not
address the recruitment and retention issues
of the Service in the 70's and 80's and their
effect on our foreign relations, but would in
fact aggravate the problems that already
exist.
AFGE was thus gratified when you offered
as a substitute for the proposed two hundred
and seventy (270) page Act, a clear and
straightforward bill which focused on the
issues basic to the Foreign Service.
I have consulted with career members of
the Foreign Service, Staff Counsel, and re-
viewed your alternative remarks in Senate
Report No. 96-913 on the proposed Act. (S.
3058). These remarks suggest that (1.) you
do not intend to replace the Reserve Corps;
(2) you are willing to accept a five. percent
limit on any officers appointed to Classes 1,
'2, and 3 without having gone through the
examination process. Your remarks also in-
dicate that you are willing to preserve the
current bargaining unit, which in recognition
of the rank-in person system and the frequent
rotation of people in and out of supervisory
positions, includes these personnel in the
unit. We understand a new draft of your bill
includes these provisions.
We also urge that you include within your
bill a grievance procedure which would reject
the composition of the Board as proposed in
the Pell bill. This provision, as explained in
the attached Thomas Legal Defense Fund Re-
port, would destroy the integrity of a third
party process by allowing management offi-
cials of the agencies to appoint unilaterally
all Grievance Board members.
Since the Helms bill does not presently
address the process for resolving grievances,
we would like to suggest that you adopt a
grievance section which tracks the lines of
S. 2712. The Senate has passed this bill pre-
viously on two separate occasions. We are at-
taching a proposal for a statutory grievance
chapter to that purpose.
Again, let me say that we appreciate your
efforts on behalf of the Foreign Service and
with the inclusion of the above stated pro-
visions in your bill, we can enthusiastically
endorse S. 2986.
Sincerely,
ABE HARRIS,
President,
AFGE, Local 1812.
FOREIGN AFFAIRS EMPLOYEES COUNCIL,
Washington, D.C., September 10, 1980.
Hon. JESSE A. HELMS,
Senate of the United States,
Washington, D.C.
DEAR SENATOR HELMS: Thank you for let-
ting me see the final text of the Bill you have
prepared to amend the Foreign Service Act
of 1946.
We find your Bill would tremendously
strengthen the Foreign Service. Your con-
structive proposals are far preferable to the
voluminous text submitted by Senator Pell
for the Committee on Foreign Relations.
I wholeheartedly endorse your Bill.
On behalf of the several thousand career
employees of the foreign affairs agencies
represented by the Foreign Affairs Employ-
ees Council of the American Federation of
Government Employees, AFL-CIO, I urge its
adoption by your colleagues in the Senate.
Sincerely,
BERNARD WIESMAN,
President.
Mr. HELMS. Mr. President, my
amendment in the nature of a substitute
is identical to S. 2986, except for a few
changes which have been suggested in
discussions with many individuals con-
cerned with the matter.
I have added, for example, sections
2314 and 2207 of S. 3058, dealing with re-
tirement credits for "Radio" service, and
"Retirement for Binational Center Em-
ployees," both of which were offered in
committee by the distinguished floor
manager of this. bill. I am also in accord
with the grievance " procedure -which
would allow employees to have a repre=-
sentative of their own choosing at griev-
ance hearings. That would have been
overturned by S. 3058 if the distinguished
Senator from Rhode Island (Mr. PELL)
had not offered an appropriate amend-
ment. Such an amendment is not nec-
essary to my proposal, since my proposal
retains the present system.
I have also accepted the State De-
partM,ent's criticism that the appoint-
ment of Foreign Service officers in the
upper ranks without examination should
be limited to 5 percent, as well as the De-
partment's observation that an ambas-
sador in a post abroad should be able to
delegate labor-management issues to the
DCM, or to an administrative or per-
sonnel officer. I have also accepted the
Department's suggestion that "supervis-
ors" should be included as employees
rather than as management.
With these changes, I believe that my
proposal, to be offered in the form of an
amendment in the nature of a substitute,
is a superior substitute for the pending
bill, S. 3058.
Mr. President, I urge Senators to study
this matter carefully and to bear in mind
that what we do on this piece of legis-
lation, which I am sure very few Sena-
tors have considered to any great ex-
tent, will very well have a bearing on the
implementation of our foreign policy and
the success of it in the future.
Mr. President, I yield the floor. I sug-
gest the absence of a quorum.
The PRESIDING OFFICER (Mr.
PRYOR). 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. PELL. W. President, there is a
fundamental question which must be
addressed in consideration of S. 3058 and
the proposed substitute: What differ-
ences should there be between the way
the Foreign Service is operated and the
laws governing the civil service? The pro-
posed substitute if adopted would rep-
resent far-reaching departures from
well-established and successful practices
used by the Foreign Service since 1946
and refined and improved under S. 3058.
Although the sponsor, of the substitute
agrees' with me that the Foreign Service
is an elite service which is fundamentally
different from the civil service, the thrust
of many of the new departures in his
substitute are in the direction of making
the Foreign Service much more like the
civil service.
I have always believed that the Foreign
Service is more similar to the military
services than to the civil service, and that
similarity would be greatly undermined
by the proposed substitute.
During the 15 months the new Foreign
Service Act has been before the Congress,
this issue of how separate should the
Foreign Service be has been prominent.
In their deliberations, the concerned
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committees and subcommittees of the through the Senate and the House: I hers of the Foreign service and organiza-
Senate and House reached quite different am cosponsor, along with the chairman tions which represent them.
Section 3-Foreign service Schedule:
conclusions from those reflected in the of the Foreign Relations Committee of This section would establish a single For-
substitute. For-exe:niie: two measures in the Senate, S. 2581, eign Service schedule in lieu of the separate
- Al',, including the House Post office which is pending before the Finance schedules for Foreign Service Officers and
and Civil Service Committee, accepted Committee; and S. 2582, which has been Reserve officers on the one hand and for
s
the proposition that the Secretary of reported by the Judiciary Committee Foreign
the Service Staff Officers an In d e halo ees
State should continue to have classi- and is on the Senate Calendar. Com- Act. This schedule, unlike S. 3058, would
fication authority separate from office panion legislation has been reported by include the three senior ranks of the For-
.of Personnel Management (GPM) be- the House Foreign Affairs and Post eign Service which S. 3058 deals with separ-
cause of the continuing different circum- Office and Civil Service Committees. ately as a Senior Foreign Service into which
stances which have caused the Foreign These bills are more comprehensive in officers could advance only on the basis
Service to be outside the civil service meeting the needs of the hostages than of stringent requirements through a compe-
laws since the very first Civil Service Act are the provisions in the substitute, and titive process administered by Selection
Boards operating under precepts negotiated
f OPM are preferable to them
.
in 1883. Chairman CAMPBELL O
supports S. 3058 which continues this I ask unanimous consent that, a between Department management and the
provision. The heads of the Foreign Af- section-by-section rebuttal of the Helms exclusive representative of Foreign Service
personnel. The substitute would link the
fairs agencies are explicitly directed by substitute be printed in the RECORD at 13 classes in this proposed Foreign Service
S. 3058 to give -`appropriate weight to job this point. schedule to specific grades in the general
factors relating to service abroad." This There being no objection, the analysis schedule established for Civil Service per-
would not be possible under the civil was-ordered to be printed in the RECORD, sonnel. The specific linkages appear to bear
service classification system that would as follows: little relaitonship to the intensive studies
be required by the substitute bill. ANALYSIS OF AMENDMENT No. 2290 TO S. 3058, of Foreign Service compensation that have
been conducted in recent years. Moreover.
All agreed that the Foreign Service THE HELMS SUBSTITUTE FOR THE FOREIGN by establishing these linkages in legislation
should continue to be operated, as it has SERVICE ACT OF 1980 the substitute would depart from the proce-
by Executive order since 1971, under a;
somewhat different system of labor man-
agement relations than applies to the
civil service. Chapter 10 of the proposed
new act represents a careful incorpora-
tion of many of the pertinent features
on this subject of title VII of the Civil
Service Reform Act of 1978. Again, the
Post Office and Civil Service Committee,
whose orientation is toward maximum
use of the civil service system, was in full
agreement with the carefully negotiated
approach finally adopted which takes in-
to account the special conditions of For-
eign Service employment.
All agreed that the 10 step pay sched-
ule applicable to the civil service, and
mandated by the substitute bill, did not
suit the needs of the Foreign Service.
In spite of strong sympathy for the
difficulties of Foreign Service life, all the
committees concluded that it would be
inappropriate at this time to change the
Foreign Service retirement system, in
view of the current examination of all
Federal retirement systems which is now
underway.
The several committees also addressed
a number of current problems with the
Foreign Service which are not taken up
in the substitute bill. The latter-
Does not provide for clear separation
of the Foreign Service and civil service,
according to the type of career an indi-
vidual will have:
Leaves some 1,500 "domestic Foreign
Service" employees eligible for all For-
eign Service benefits and subject to con-
ditions of employment designed for
those who serve rotational careers;
Fails to consolidate and codify all
legislation pertaining to the Foreign
Service in one place, as has not been
done in 34 years;
Does not create a Senior Foreign Serv-
ice comparable to flag ranks in the mili-
tary and to the Senior Executive Serv-
ice, with retention based strongly on
performance; and
Does not simplify and consolidate the
Foreign Service personnel system in the
same degree as does S. 3058.
As a final point, the special plight of
the hostages is being dealt with by other
legislation which is already moving
amendments to the Foreign Service Act of
1946 rather than providing a new charter
for the Foreign Service as proposed in S. 3058.
This illustrates the substitute's retention of
a number of out-of-date features of the 1946
Act, its omission of a number of necessary_
provisions contained in S. 3058 and its aban-
donment of the objective of consolidating in
an orderly coherent way the various laws
relating to the several agencies which use the
Foreign Service personnel system, but which
are not contained in the basic legislation ap-
plicable to the Foreign Service.
Section 2.-Objectives:
This section would add two new objectives
to Section 111 of the 1946 Act. The first
would ensure Foreign Service personnel all
rights accorded to personnel in the Civil
Service. This is apparently in lieu of the de-
tailed provisions of S. 3058 which_ specify
the rights to be accorded to members of the
Foreign Service. (See, e.g., section 105 on
Merit Principles, Protections for.members of
the Service and Minority Recruitment; sec-
tions 607 and 608 regarding Selection Out
Procedures; section 610 regarding Separation
for Cause Procedures; Chapter 11 regarding
Grievance Procedures.) The vague statement
in the substitute is likely to lead to mis-
understandings and confusion. For example,
is it intended to guarantee to members of
the Foreign Service who are separated for
cause a right to a hearing before the Merit
Systems Protection Board? This right is
accorded to employees in the competitive
service. Section 610 of S. 3058 provides in-
stead for a hearing before the Foreign Serv-
ice Grievance Board. The substitute would
leave on the books section 637 of the 1946
Act which provides for a hearing before the
Board of the Foreign Service in such cases.
The bill before the Senate has been care-
fully drafted and scrutinized by three com-
mittees of the- Congress who have assured
themselves that it contains equitable treat-
ment of Foreign Service personnel, but not
an identity of procedures with the Civil
Service.
This section would also add to the 1946
Act's statement of objectives the provision
of further protections, procedures and emol-
uments to Foreign Service personnel, above
and beyond those accorded to Civil Service
personnel. However, the particular proposals
of the substitute, as described below, are an
inadequate substitute for the detailed pro-
tections, procedures and emoluments spec-
ified in S. 3058 which have been fashioned in
the course of extensive Congressional delib-
erations and consultations with the mem-
dures establised for setting pay in the Exe-
cutive branch under existing legislation.
This combination of factors would be likely
to cause this measure to be vetoed even if
it were passed by the Congress.
This section would provide a salary sup-
plement to each member of the Foreign Serv-
ice equal to 15 percent of basic salary, but
not less than $2,500 or more than $7,500 each
year. This supplement would be exempt from
federal income tax. Apart from the enormous
cost of this proposal, it shpnid be noted
that since the substitute does not provide
legislative authority for elimination of the
anomalous domestic categories of Foreign
Service personnel who have not and will not
serve abroad, these tax-free windfalls would
be paid to employees who are nominally
members of the Foreign Service but who oc-
cupypositions in which many of these same
individuals previously served as Civil Serv-
ice employees. While the Foreign Service cer-
tainly deserves adequate compensation and
benefits, this provision is not the answer.
The answer is to be found in the comprehen-
sive provisions of S. 3058 which cover not
only pay but also travel, medical expenses,
leave, allowances and other benefits. These
provisions have been formulated, again, in
close consultation with the members of the
Foreign Service and their organizations and
after careful study by three committees of
the Congress. Finally, this proposal for tax
exempt salary supplements would fall with-
in the jurisdiction of the Committee on Fi-
nance. If it were necessary to refer this
bill to yet another committee it is clear
that the 96th Congress will adjourn without
enacting meaningful and desirable Foreign
Service legislative reforms.
This section would require the Secretary
of State to classify the Foreign Service posi-
tions not only in the Department of State,
but also in two other agencies-The Agency
for International Development and the In-
ternational Communication Agency. Yet, he
is to do so in accordance with the provisions
of chapter 51 of title 5, United States Code,
which would not allow him to classify posi-
tions in other agencies. It is unclear how
this conflict in the direction given by this
section would be resolved. The mandatory
application of the Classification Act 'to the
Foreign Service would represent abrupt de-
parture from existing law. The Classification
Act is geared to a Civil Service based on the
concept of rank in position with a fairly
static work force. Jobs are classified by rank
and people who move into those jobs ac-
quire the rank to which the positions have
been assigned.
Because the Foreign Service operates on
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S 12448 CONGRESSIONAL RECORD-SENATE September 11,
a rank in person basis comparable to the to helping them find Civil Service employ- Mr. PELL. I also ask unanim\
military services and because its members ment if the l th F ous CL -
ea
i
y
ve e
ore
gn Service. The sent to have printed in the RECORD a
are frequently rotated from post to post and section also directs the OPM Director to as- letter to the Members of the Senate from
from position ositio to position, the Congress has t any employment In the Service ivil Semloyee
wisely exempted Foreign Service positions to fi p yent i
rvice. Dr. Henry Kissinger -- _Mr. Cyrus
from the inappropriate Classification Act.- There are several things wrong with this pro- Vance, and a letter from Secrefari'of
The existin
autho
it
f th
r
g
r
y o
e Sec
etary of vision. First, there is a greater rate of reten- State Muskie urging the adoption of the
State to classify positions in the Foreign tion in the Foreign Service than in the Foreign Service bill,
Service, which would be preserved by S. 3058, Civil Service. The administrative burden im- Th
ere being no objection, the letters
maintain an appropriate, with the flexible syem for wiith es this ' stion tthe Is
vast totally buk of warranted were ordered to be printed in the RECORD,
yst respect Foreign as f
ll
o
ows:
identifying the levels of responsibility of the Service officers who enter in their youth and SEPTEMBER 10, 1980.
various jobs within the Foreign Service to serve until retirement, and who have no In. To the Members of the Senate:
facilita a tthe he assignment rank. appropriate per. terest in a Civil Service job. Second, the We join in urging your support for the For-
appropriate P provision assumes that anyone who leaves the eign Service bill (S3058) now up for final
departure proposed in the substitute would Foreign Service, for whatever reason, is suit- action by the Senate.
be cumbersome and chaotic. able for Civil Service employment. This would Both of us have testified in favor of this
sa Section 4-Admission to Foreign Service appear to require that the Executive Branch measure and believe its passage at this ses-
Y find a Civil Service job for the Foreign Serv- sion is of vital importance to maintain and
This section would require written and ice information officer who was convicted of strengthen the Foreign Service of the United
oral examinations for entry into the lower espionage in 1978 or any such case which States.
ranks of the Foreign Service, including tests may arise in the future. This assumes In response to a 1976 Congressional man-
on geography, history, U.S. political struc- extraordinary law standards for employ- date for a "comprehensive plan" for reform
ture, and major international events. This ment in the Civil Service. of the personnel system of the Foreign Serv-
would create an unreasonable and unneces- Section 5-Labor-management relations: ice, work on this measure began in the last
sary burden and would impede the recruit- this section would scrap the labor relations year of the Ford Administration and con-
ment of qualified technical, clerical and system which has functioned smoothly and tinued during the Carter Administration. As
other support personnel and would impair efficiently for the Foreign Service since 1971 reported to the Congress before the change
affirmative action programs. and Co o $ d substitute in its entirety the Civil of Administration in January 1977, a key ele-
This section would also provide for ad- Service system in which the Foreign Service ment in any proposed reform is the clear
mission to the senior ranks of the Foreign has no experience or history of bargaining division between the Foreign Service and the
Service on the basis of oral examination and which the three committees of Congress Civil Service in the Department of State. The
alone, with no limit on outside hiring. In that have studied the matter has found in- pending bill accomplishes this long overdue
addition, this section would permit the ap- appropriate. The amendment does not address' objective in a fair and equitable manner. In
pointment of senior officers with no exami- several anomalies that would be created be- addition it codifies diverse laws affecting the
nation at all upon notice to the Senate, so cause of basic differences between the Foreign Service In an effective new charter and ac-
ercent Service and Civil Service s
long as the number did not exceed 5
stems
In additi
p
y
.
on complish.es many other needed reforms,
of the total number of employees (Foreign it contains a number of novel and unwork- This country has a diplomatic service see.
Service and Civil Service) in the Department able proposals, such as combining Civil Serv- and to none. The dedicated and able men
of State. By contrast, S. 3058 provides for ice and Foreign Service personnel in a single and women of the Foreign Service serve this
entry into the Senior Foreign Service by pro- bargaining unit despite the absence of a com- Nation in Increasingly difficult and danger-
motion of career Foreign Service personnel, munity of Interests that would promote ef- ous conditions abroad.
and permits not more than 5 percent of the ficient and effective dealings. The Proposed Foreign Service Act of 1980
members of the Senior Foreign Service to be In addition the measure would permit is well designed to meet the needs of the
appointed from the outside. The substitute only one senior official each from ICA or from Service and the needs of our Presidents and
bill thus appears to provide a legislative AID to be treated as a management official Secretaries and State in the years ahead.
basis for serious erosion of the professional at .any Foreign Service post, thus creating
the peculiar situation that an AID mission HENRY A. KCrxcEy'
character of the career Foreign Service. director would have to bargain Ius R. VANCE,
This provision would also appear to conflict gain with his own
'with the objective stated at the outset of the deputy, who would be represented by the
'with tute that Foreign Service and Civil union. Clearly, this section 'is no substitute THE SECRETARY OF STATE,
tService subs it personnel should have the same at all for, the carefully developed chapter Washington, D.C.
protections. Senior Executive Service person- 10 of S. 3058 which has been scrutinized in I awervice to urge 30 8 swp which t the
hich will be
nel in the Civil Service are protected against the House by the committee which had pri up Foreign for Ser Senate vice bi ll (S. shortly.
noncareer appointments at the Senior levels mary jurisdiction over-the Civil Service Re- Since assuming nthe srtflby the Civil Service Reform Act. form Act, and which is supported not only e four the duties of become keenly
This section would direct the Secretary of by the Administration but also by the State Your the ndesirability ago, I of become keenly
y American Foreign Service Association which aware of tothis chmpah comprehensive and at
State to conform assignments of Foreign is the exclusive representative of the vast this portant session
bill of ton ten and to improve and i the
Service personnel with position classifications majority of members of the Foreign Service. Foreign bill vistreMy pr and s rs tro toy
and to report to Congress on assignments Section 6' Computation and payment of Foreign Service. My predecessors strongly
which vary by more than one grade from the annuities: Jority t view as does a peeSondce. A ma-
which of the positions to which those This section would alter the formula for description of the pro o the Service.
ttach d brief
assignments are made. It is unclear how this computing Foreign Service annuities in a descripton o the proposal is attached.
provision would relate to the existing au- way that would increase the unfunded lia- J want to a given you my personal
Is a assurance
thorities for assignment contained in a bility of the Foreign Service Retirement and that the Foreign Service bill has completely the
le
later chapter of the 1946 Act. The amend- Mobility fund by measure which has gained tment appears to assume that the common the y Treasury Y Department 840ent actuary. according to Re pr ntati support of the Senators and
sense approach of matching rank of the In- hearings ngb and kuo in 1979ted extensive
dividual with the level of the position to annuity hostages s also provide Increased them one September and the Hops passed and bill a
which he is assigned is widely disregarded in year of retirement credit for each month of substantial the House passed the bill by a
the Foreign Service and that assignments captivity, or two years of credit for each sstatiabipartisan majority.
are seriously out of kilter. This is simply month of captivity exceeding. six months. It is the direct result of five years of ef-
not the case, and yet another reporting re- This is both tam much and too little: it Is too forts begun during the last part of the Ford
quirement is not needed. Moreover, the clas- much because it would give a recent ap- Administration in response to a Congres-
sification of a Foreign Service position is only pointee held hostage for one year 24 years of sional demand in 1976 for a "comprehensive
one of a number of factors which must be retirement credit; it Is too little because it plan" for the improvement and simplifica-
considered, along with language ability, would not permit that individual to retire, tion of the personnel system of the Foreign
functional skills, familiarity with a particu- utilizing that 24 years of credit until he or Service.
lar country or experience In dealing with its she had reached a normal retirement age, Your Sincerely,
will be greatly appreciated.
leaders, the urgency of filling a vacancy, at which time any years of credit in excess of y?
and the availability of qualified personnel. 35 years would be disregarded In computing mMV> S. MUSKIE.
An effective Foreign ,Service should be re- the annuity. The question of relief for hos-
sponsive and its members should be avail- tages is being given separate and more ap- FOREIGN SERVICE BILL: MAIN FEATURES
able to Tfill he any assignment here the 8earre ppropprriiate the der tion in other legislation (A Bill (H.R. 6790) to promote the foreign
needed. 1946 Act recognizes tions which are considered in section 501 of policy of the United States by strengthening
hening
8.3058. Se
ctions 7 and 8.-Retirement credit: and improving the Foreign Service of the
These sections would provide States and
Finally, this section would require that credit for employees of ce tai brroadcastint United T bill pr , ide for los other purposes.)
all persons in the Foreign Service be named facilities and for employees of binational performanceand all aspects loses linkage between
in OPM registers, presumably with a view centers. Ice personnel manageent of F recruitment,
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September 11, 1980 CONGRESSIONAL RECORD -SENATE
tenure, advancement, incentive pay, and re-
tention, as judged by impartial selection
boards of career and public members.
It simplifies the present overly complex
personnel structure of the Foreign Service
and converts to Civil Service status those
who have not and will not serve abroad
with full protection of pay and rights.
It establishes a nior Foreign Service
s compatible with the special needs and role of
the Foreign Service and yet responsive to the
purposes and goals which were sought
through the creation of the Senior Executive
Service under the Civil Service Reform Act
of 1978.
Employee-management relations are placed
on a sound statutory basis.
The bill replaces the Foreign Service Act
of 1948 and codifies an accumulation of 34
years of legislation on the subject in one
comprehensive now charter.
It effects numerous other reforms relating
to the rights and benefits of the dedicated
members of the Foreign Service and their
families who are called upon daily to servo
this country in increasingly dangerous and
difficult circumstances abroad.
Mr. PELL. Mr. President, I suggest the
absence of a quorum.
The PRESIDING OFFICER (Mr.
FORD). The clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. ROBERT C. BYRD. Mr. President,
Z ask unanimous consent that the order
for the quorum call be.rescinded.
The PRESIDING OFFICER. Witho t
objection, it is so ordered.
o Mr. INOUYE. Mr. President, my col--
league from Rhode Island has brought
before us an important and comprehen-
sive bill which will strengthen the For-'
sign Service.
With respect to the Impact of this
legislation on AID, I take it that my col-
leagues' understanding is the same as
mine-that the Administrator of AID
will continue independently to exer-
cise all authorities available under this
legislation with respect to AID person.
nel.
When the International Development
Cooperation Agency was established last
year, we were told that it would have
policy and budget responsibilities, but
that it would not interfere in the day-to-
day operation of AID. My subcommittee
has been troubled by reports that IDCA
has from time to time sought to inter-
vene in the personnel management of
AHD, which is clearly beyond its intended
scope.
X am taking this opportunity to clarify
for all concerned any ambiguity as to
whether AID continues to exercise its
authorities as a separate Agency and to
emphasize our view that all authorities,
personnel and otherwise, necessary for
the effective operation of the U.S. bi-
lateral assistance program by AID are
to be unambiguously vested In AID.
Mr. President, my subcommittee has
worked for years to make AID as efficient
an operation as we can. I think we have
made substantial progress, and do not
wish any ambiguities about the responsi-
bilities of the Administrator of AID to
interrupt this progress.
As far as I am concerned, a key test
of IRCA's effectiveness and utility will
be its ability to provide useful policy and
and budget guidance without in any way
hampering-indeed by positively rein-
forcing-the independent operation of
its component agencies.0 .
(The following proceedings occurred
during the statement of the program by
Mr. ROBERT C. BYRD later in the day and
are printed at this point in the RECORD
by unanimous consent:)
AMENDMENT NO. 2290
(Purpose: To amend the Foreign Service Act
of 1948 to strengthen and Improve the
Foreign Service, and for other purposes)
Mr. BAKER. Mr. President, the dis-
tinguished Senator from Worth Carolina,
who will offer the substitute amendment
on Monday, or who would offer it today
and make it the pending business, is
necessarily absent from the floor tempo-
rarily.
In order to make sure that the Helms
amendment is the pending business when
we return, and after the recognition of
the two leaders, as the majority leader
has provided for, I now ask the Chair to
lay before the Senate on behalf of Sena-
tor HELMS the amendment I just referred
to.
The PRESIDING OFFICER. The
amendment will be stated.
The assistant legislative clerk read as
follows:
The Senator from Tennessee (Mr. BAKER),
on behalf of Mr. lizL es, proposes an amend-
ment numbered 2290.
Mr. BAKER. Mr. President, K 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:
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 thereof
a semicolon; and
(3) by adding at the end thereof the fol-
lowing:
"(10) to ensure that personnel in the
Foreign Service are accorded all the rights
accorded 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. 8 (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
Foreign Service Schedule, which shall apply
to the members of the Service who are citi-
zens of the United States and for whom
salary 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
SR2A49
grades of the General Schedule under section
6332 of title 5, United States Code, as follows:
shall
correspond
"Salary class: to grade:
FS-1 ---------------------------- GS-18
FS-2 ---------------------------- CIS-17
FS-3 ---------------------------- GS-16
FS-4 ---------------------------- GS-15
FS-5 ---------------------------- GS-14
FS-6 ---------------------------- OS-13
FS-7 ---------------------------- GS-12
FS-8 ---------------------------- 08-11
FS-9 ---------------------------- GS-9
PS-10 --------------------------- GS-7
FS-11 --------------------------- GS-6
PS-12 --------------------------- GS-5
PS-13 --------------------------- GS-4
"(c) 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 P8-i, FS-2, and FS-3 shall
have 1, 5, and 9 steps, respectively.
"SEC. 413. (a) The Congress finds that the
availability of members of the Foreign Serv-
ice to serve worldwide 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
allowance authorized by law, there shall be
paid in a lump sum to each member of the
Foreign Service an amount equal to 15 per-
cent of the basic salary for such member at
the grade and atop prescribed under section
412, except that in no event shall a member
of the Foreign Service be paid under this
section less than Q2,500 or more than 07,500.
Such amount shall be exempt from taxation
under chapter 1 of the Internal Revenue
Code of 1954.
"CLASSIFICATION OF POSITIONS
"SEC. 414. The Secretary of State shall
designate and classify positions in the De-
partment of State, the Agency for Interna-
tional Development, and the International
Communication Agency and positions at
Foreign Service posts, subject to the appli-
cable provisions of chapter 61 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 5, United
States Code. Career members of the Foreign
Service shall be eligible to compete for posi-
tions classified under chapter 51 of title 5.
United States Code, which are not classified
by the Secretary pursuant to this section.
"ASSIGNMENT TO POSITIONS
"Sze. 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 1948 are amended to read
as follows:
"ADMISSION TO FOREIGN SERVICE SALARY
CLASSES 7 THROUGH 13
"Sze. 518. No person may be eligible for ini-,
tial appointment as a member of the Foreign
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Service of classes 7 through 13 unless such
person has taken an appropriate written and
oral examination, as the Board of Examiners
for the Foreign Service may prescribe, to de-
termine fitness and aptitude for the work of
the Service and demonstrated loyalty to the
Government of the United States and attach-
ment to the principles of the Constitution.
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 internal events of
the twentieth century. The Board of Exam-
iners for the Foreign Service shall interpret
the results of such examinations in the light
of the ordinary clerical, technical, or profes-
sional duties which the applicants would
perform in the Foreign Service.
"ADMISSION TO FOREIGN SALARY CLASSES,1
THROUGH 8
"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 Serv-
ice 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 ap-
pointment, the President notifies the Senate
of such appointment; and
"(2) not more than 5 percent of the em-
ployees of the Department of State at one
time are appointed pursuant to this sen-
tence.
"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 Personnel Management under subchapter
I of chapter 33 of title 5, United States Code,
together with the grade in the civil service
corresponding to the salary class in the For-
eign Service for each such individual. The
Director of the Office of Personnel Manage-
ment shall keep current the information
provided under the preceding sentence.
"(b) If the employment of an individual
in the Foreign Service is terminated, the
Director 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-LASER-MANAGEMENT RELATIONS
"SEC. 651. (a) The provisions of subchapter
71 of title 5, United States Code, shall apply
with respect to labor-management relations
in the Foreign Service except to the extent
such provisions are inconsistent with this
section.
"(b) The Federal Labor Relations Author-
ity shall resolve any dispute as to whether
this Act or chapter 71 of title 5, United States
Code, applies with respect to labor-manage-
ment relations in the Foreign Service.
"(c) Each member of the Foreign Service
who is a citizen of the United States, where-
ever serving, other than a management Offi-
cial, has the right to form, join, or assist
any labor organization or to refrain from
such activity, freely and without fear of pen-
CONGRESSIONAL RIECOR]D- 5]ENAT]E September 11, 1980
alty or reprisal. Each such member shall be such country are. signatories shall be in-
protected in the exercise of such right. creased by a rate equal to-
"(d) (1) For purposes of this section, ex- "(A) one-tenth per centum of the average
cept as provided in paragraph (2), the term basic salary of the annuitant, as computed
'management official' means an official who- under subsection (a), for each day si.,,ii
"(A) is a chief of missibn or principal nuitant was so held hostage or detained, If
officer; such annuitant was held hostage or detained
"(B) is serving in a position to which ap- less than'thirty days; or
pointed by the President, by and with the "(B) two-tenths per centum of the aver-
advice and consent of the Senate, or by the age basic salary of the annuitant, as com-
President alone; puted under subsection (a), for each day
"(C) occupies a position which in the sole such annuitant was so held hostage or de-
judgment of the Secretary is of comparable tained in excess of thirty days.
importance to the offices mentioned in clause
(A) or (B);
"(D) is serving as a deputy to any indi-
vidual described by clause (A), (B), or (C);
"(E) is assigned to carry out functions of
the Inspector General of the Foreign Service;
"(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 Interna-
tional Communication Agency, and the
United States International Development Co-
operation Agency, not more than six senior
officials' shall be considered to be manage-
ment 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, other
than management officials, of the Depart-
ment, the United States International De-
velopment Cooperation Agency, and the In-
ternational Development Cooperation Agency
and the International Communication
Agency shall constitute, with respect to each
such Department or Agency, as the case may
be, a single and separate worldwide bargain-
ing unit.
"(2) For purposes of involvement in any
labor organization, all members of the For-
eign Service, other than management officials,
who are employees (including supervisors)
of the Department of Agriculture and the De-
partment of Commerce may constitute, with
-respect to each such Department, as the case
may be, a single and separate worldwide bar-
gaining 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
Labor Relations Authority and under such
terms and conditions as the Authority may
require, any bargaining unit representing
civil service employees of a department or
agency of the United States for which mem-
bers of the Foreign Service are employed may
merge with a worldwide bargaining unit rep-
resenting only Foreign Service employees if
such unit accepts such merger.".
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 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
"(2) For purposes of computing under
subsection (a) the amount of the annuity
for which each participant is entitled, the
number of years of creditable service calcu-
lated under sections 851 and 853 shall be in-
creased by one year for each month or frac-
tion thereof a-participant is so held hostage
or detained less than six months and shall be
increased by two years for each month or
fraction thereof a participant is so held hos-
tage 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 CREDIT FOR "RADIO" SERVICE
SEC. 7. (a) Subsection 8332(b) of title 6,
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 thereof
a semicolon and "and"; and
(3) by inserting after paragraph (9) the
followng:
"(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); (G) Radio Free Europe/
Radio Liberty, Inc.; (H) Radio Free Asia;
(I) the Asia Foundation; or (J) the Amer-
ican Forces Network, Europe (AFN-E).".
(b) Section 8332(b) of such title is amend-
ed by adding at the end thereof the follow-
ing:
"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 referred to in paragraph
(10).".
RETIREMENT FOR BINATIONAL CENTER
EMPLOYEES
SEC. 8. Section 803(a) of the Foreign Serv-
ice Act of 1946 is amended-
(1) by striking out the period at the end
thereof and inserting in lieu thereof a semi-
colon and "and"; and
(2) by adding at the end thereof the fol-
lowing:
"(5) Any person who was appointed as a
Binational Center Grantee and who has
completed at least live_ years of satisfac-
tory service as such a grantee or under any
other appointment under this Act and who
makes an appropriate contribution to the
Fund in accordance with the provisions of
this Act.".
EFFECTIVE DATE
SEC. 9. The amendments made by this Act
shall take effect on October 1, 1980.
AGRICULTURAL SUBTERMINAL FA-
CILITIES ACT OF 1980
Mr. ROBERT C. BYRD. Mr. President,
on behalf of Mr. TALMADGE, I ask that the
Chair lay before the Senate a message
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