FOREIGN SERVICE ACT OF 1980

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September 10, 1980
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Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 September 10, 1980 CONGRESSIONAL RECORD -SENATE so many that it can be said "if each person for whom he did some kind and loving serv- ice would bring a blossom to Ben's grave, he would sleep forever beneath a cover of flowers that he loved so much." Often he was asked, "Ben, why don't you write a book?" He was too busy with all of us to write that book. But in a sense he wrote a book-a big book- He gave of himself so much that each of us are a chapter in his book. Ben's only book. How good a book Ben left us depends upon us. It depends upon whether we preserve the counsel, the love, he gave us. It depends on how we pursue the goals he guided us toward. It depends on us to successfully advance the principles he wrote and spoke-for which he continually fought. We have all gained from Ben. Did I tell you "Thanks, Ben?" We do thank you, Ben. Did I tell you "I love you, Ben?" We do love you, Ben. Thanks, God, for letting us have Ben as long as we could- 'But, Oh, how we miss you, Ben. God love you, Ben. Mr. YOUNG. Mr. President, I wish to join in the well-deserved tribute to the late Ben Stong. When I came to the Senate'more than 35 years ago, I came as one who had, not long before, gone broke in the farming business during the Depression years: I was naturally interested in farm legislation. One of the first men I became acquainted with when I came here was Ben Stong. He, and about a half-dozen other men like him, had as much as anybody to do with the writing of the farm legislation then and in all the years since. Ben Stong had a major role in writing practically all the price support legislation, during the years I have been here.- Ben Stong was a friend of farmers. He knew farm legislation and the need of it. He always contributed new ideas and ways of doing things, not only to help farmers, but to help the whole economy. Our agriculture today is the most efficient in the world. Much of that is due to the farm legislation which Ben Stong helped to write: Mr. President, Ben Stong was a won- derful person, one of the best friends I ever had. There is so much I could say about him and so much that could and should be said, but I shall just say in closing that I shall miss Ben 'Stong. I know all the Members of the Senate who knew him, and especially those people in agriculture, will miss Ben Stang. He was a great American and`a wonderful friend. Mr. BAUCUS. Mr. President, a lot of us are going to miss that growl at the other end of the line. Ben was many things to those of us fortunate enough to know him and work with him. He was an encyclopedia of 1:nowledge about agriculture, water, conservation and a host of other issues. He was a teacher, patient, but direct. He was the voice of experience who knew what had been tried and what had not and why. And he was the voice of reason who knew what would work and what would not and why. S 123163 But most of all, Ben was an inspira- sonnel policies would have to be ad- tion. He inspired us to accomplish lofty justed to that mission. Therefore, the goals, to help our fellow men, and savor 1946 legislation incorporated a number life. of unique features considered necessary He showed us what can be accom- to assure continued high quality staffing plished by dedication, creativity, and in the variety of U.S. missions through- plain hard work. The Wilderness Act, the out the world, and drew from the civil wheat certificate program, and a host service and military personnel systems of other bills and amendments-those as appropriate. The features which dis- are just a few of his accomplishments tinguish the Foreign Service from the at an age when most people are in their civil service are the rank-in-person rocking chairs on their porches. system, the requirement to- serve over- He showed us that there is always time seas, the "up or out" principle, and for others. Nobody on Capitol Hill was mandatory retirement at 'age 60. busier than Ben. But he always had time The Foreign Service was patterned to listen and counsel-whether for the after the military service and is closer to Secretary of Agriculture, a striking the military services than it is to the Great Plains farmer, a U.S. Senator, or Civil Service. The Foreign Service is, a green young legislative aide. however, different from the military serv- He helped us remember the 1 f e ss or- tunate. He was an advocate for programs to help feed people both at home and around the world. And, he helped us remember the land. He worked hard and effectively to make sure that soil and water are conserved, and that our children and grandchildren experience and appreciate wilderness. He helped us remember farmers. Ben thought farmers ought to have decent incomes and conveniences like electricity and telephones that cityfolks take for granted. He worked outside Government to help farmers organize, and he worked inside to help Government help farmers. If we could all live our 13ves as fully and productively and compassionately as Ben, the world would be a darn sight better place to live. He was a giant of the Earth. Mr. MELCHER. Mr. President, I thank my colleagues, the Senator from North Dakota (Mr. YOUNG) and the Senator from Montana (Mr. BAUCUS), for their fine tribute to Ben Stang. FOREIGN SERVICE ACT OF 1980 The Senate continued with the con- sideration of S. 3058. Mr. PELL. Mr. President, in 1978, the Congress enacted the Civil Service Re- form Act (Public Law 95-454), an at- tempt to improve the management and efficiency of the Federal civil service. S. 3058, the Foreign Service Act, is intended to be a companion measure designed to strengthen and improve the Foreign Service of the United States by reor- ganizing and consolidating the com- ponents of the Service which exist in six executive departments and agencies under one law governing all Foreign Service operations and personnel ad- ministration. The basic legislation under which the Foreign Service officer corps operates today is the Foreign Service Act of 1946. The fundamental purposes for establish- ing a separate Foreign Service were to provide the President and the Secretary of State with an exceptionally able corps of disciplined officers and staff who could effectively represent U.S. policies and interests overseas, and assist the Secre- tary and his senior advisors at home in the formulation of foreign policy. In en- acting the ?1946 Act, Congress expressed the belief that if the Foreign Service were to accomplish its mission, its per- ent system of pay and allowances, and its purpose is to preserve peace instead of waging war. S. 3058 retains the above features and adds new provisions needed to improve the effectiveness of the Foreign Service. This bill would: First, provide a clear distinction be- tween Foreign Service and Civil Service employment, and to eliminate the anom- alous "domestic" Foreign Service person- nel category; Second, simplify and rationalize the various categories of Foreign Service per- sonnel and establish a single Foreign Service salary schedule; Third, make more uniform the statu- tory terms and conditions of Foreign Service employment; Fourth, establish a senior foreign serv- ice (SFS) with rigorous entry, promo- tion, and retention standards based on performance, and with performance pay for outstanding service; Fifth, provide a statutory basis for labor-management relations in the For- eign Service; Sixth, improve interagency coordina- tion in the interest of maximum com- patibility among agencies employing For- eign Service personnel, and compatibility -between the Foreign Service and the Civil Service; and Seventh, consolidate the various laws relating to Foreign Service personnel which have been enacted-outside the framework of the existing Foreign Service Act. This bill has been the subject of ex- tensive consultations and deliberations. Its provisions reflect comments and sug- gestions which have been received from interested agencies within the executive branch, and from the members of the Foreign Service and the organizations which represent them. The Foreign Rela- tions Committee has held extensive hear- ings, considered numerous proposals, en- gaged in widespread consultation with interested groups and individuals, and incorporated numerous technical draft- ing changes to clarify and perfect the bill. It should be noted that this bill is simi- lar in most respects to H.R. 6790, which passed the House on Monday, Septem- ber 9, 1980. It should, also be noted that this bill does not authorize new appro- priations. Any increases in Federal Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 CONGRESSIONAL RECORD - S1ENATIE September 10', 1980 spending which might result from the and careful craftsmanship in develop- passage of this bill would require sep- ing the Foreign Service Act. Having arate authorizing and appropriating leg- served in the Foreign Service himself, islation. Nothing in this bill should be Senator PELL is in a unique position construed as authorizing the enactment within the Senate to understand the of new budgetary authority. needs of the Service and we have all Mr. President, II would like to adda given the greatest weight to his views the use of these authorities by other agencies. In particular, II wish to elabo- rate on the use of these authorities by the Agency for International Develop- ment (AM). It is our intent that the current level of development of personnel policy for AID and the exercise of AID's personnel management functions, In- cluding senior-level appointments, will remain the responsibility of the admin- istrator for AID and that this will con- tinue to be reflected in relevant delega- tions of authority. The continued exer- cise of this authority by the AID Admin- istrator is consistent with the intent of the reorganization plan which estab- lished the U.S. International Develop- ment Cooperation Agency. Under the reorganization plan, the ICDCA Director is able to provide policy direction to and coordination of U.S. foreign assistance activities, while dele- gating responsibility for management and operations to the administrator of AID. Ike. President, in conclusion, I urge my colleagues to support the passage of this bill. The future mission of the Foreign Service will be complex and difficult. This legislation will provide the organizational framework for a strong Foreign Service, staffed by people of uncommon profes- sional ability, experience, and dedication. Mr. JAVITS. Mr. President, I urge the Senate to support S. 3058, the Foreign Service Act of 1980, which carries out a consolidation and administrative reform of our entire Foreign Service system. This legislation is the product of several years of careful discussions between the executive branch and the Congress, as well as a long history of experience and incremental changes in the system created by the Foreign Service Act of 1946. In particular, the detailed provi- sions on grievance procedures, labor- management relations, retirement and disability, and a bill of rights for the Service, are based upon years of negotia- tions, discussions, and trial-and-error within the system. The principal administrative reform in this legislation concerns the creation of a Senior Foreign Service, comparable In conception gp the Senior Executive Serv- State four months ago. I have become keenly aware of the desirability of enactment at this session of this comprehensive and im- portant bill to strengthen and to improve the Foreign Service. My predecessors strongly share this view as does Is preponderant ma- jority of the members of the Service. A brief description of the proposal is attached. I want to give you my personal assurance that the Foreign Service bill is a completely non-partisan measure which has gained the overwhelming support of the Senators and Representatives who conducted extensive hearings and markups in 1979 and 1980. On September 8 the House passed the bill by a substantial bipartisan majority. It is the direct result of five years of efforts begun during the last part of the Ford Ad- ministration in response to a Congressionab demand in 1976 for a "comprehensive plan" for the improvement and simplification of the personnel system of the Foreign Service. Your support will be greatly appreciated. two provisions of this legislation which I have had a hand in developing: A new system of awards for the Foreign Serv- ice and a change in the handling of the 6-month ambassadorial appointments. Section 613 directs the President to establish a system of awards to recog- nize in an appropriate manner the out- standing contributions of individuals in the Foreign Service. I share the views expressed by Senator PELL during our discussion of this legislation that For- eign Service officers share much in com- mon with men and women of the armed services. In particular, appropriate com- mendations and public recognition of outstanding performance can be a great- er incentive than monetary bonuses to patriotic Americans who take pride in service to the country. I trust the Presi- dent will fully develop this opportunity to increase public awareness of the. out- standing performance of Foreign Service officers. On the issue of limited ambassadorial appointments which do not come before the Senate for confirmation, we have re- vised the reporting requirements in ex- isting law to give earlier and fuller notice of the justification for such 6-month ap- pointments. Our intention at the present time is not to deny the President the authority to make such limited appoint- ments. However, I have become con- cerned lately about a possible tendency to abuse this authority and therefore want to tighten the reporting require- ments to make certain that we keep better tabs on such appointments. Mr. President, I urge my.colleagues to vote for the Foreign Service Act, and once again commend Senator PELL for his leadership in its drafting and bring it to the Senate floor. Mr. PELL. Mr. President, I ask unani- mous consent to have printed in the RECORD the following material indicating endorsement of this bill: a letter from Secretary of State Edmund Muskie; a letter from Alan K. Campbell, Director of the Office of Personnel Management; a .letter from former Secretary of State Cyrus Vance; a communication from for- mer majority leader and present Ambas- Ice established by the Civil Service re- sador to Japan, Mike Mansfield; the text form bill 2 years ago, Including the of a statement adopted by the Board of institution of an incentive, or "perform- the Foreign Service; a statement by Hon. ance pay," system for the Senior Foreign George Ball, former Under Secretary of Service. Though I know that my col- State; a statement by Richard I. Bloch, league, Senator PELL, and some members chairman, Foreign Service Grievance of the Foreign Service itself have serious Board; a statement by former Secretary reservations about the application of this of State Henry A. Kissinger; and a state- system to the Service, I am prepared to ment of the American Foreign Service support It as an experiment in adminis- Association. trative reform which can be modified in There being no objection, the material the future if experience does not justify was ordered to be printed in the RECORD, this approach. as follows: The performance pay system Is my THE SECRETARY OF STATE, only serious difference with Senator Washington. Senator ELL: I writing the chief sponsor of this legisla- support pporort of the Foreign Service bill e (S. urge 30055 your 8) tion in the Senate. I would therefore like which will be up for Senate action shortly. to commend him for his strong Initiative Since assuming the duties of Secretary of FOREIGN SERVICE BILL: MAIN FEATURES (A bill (H.R. 6790) to promote the foreign policy of the United States by strengthen- ing and improving the Foreign Service of the United States, and for other purposes) The bill provides a closer linkage beween performance and all aspects of Foreign Serv- ice personnel management: recruitment, 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 Senior foreign Service 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 Execu- tive 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 1946 and codifies an accumulation of 34 years of legislation on the subject in one comprehensive new 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 serve this country in increasingly dangerous and difficult circumstances abroad. UNITED STATES or AMERICA, OFFICE OF PERSONNEL MANAGEMENT, Washington, D.C., September 10, 1980. Hon. CLAIBORNE PELL, U.S. Senate, Washington, D.C. DEAR CLAIBORNE: 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 For- eign Service. Since early in 1979 when OPM became heavily involved with the Departmer?t; of State in advising it during the formulaSoa of the Administration's proposal, we have been enthusiastic . about many of the fet-- tures of this legislation which opens new opportunities for fiexibilities in the manage-, ment of the Foreign Service personnel sys- tem. Key to this forward looking legislation is the Senior Foreign Service with its op- portunities for rewarding outstanding per- formance. We are also very happy with the bill's clear delineation of those positions which are appropriately under the Foreign Service personnel system. The Senate report on S. 3058 carries the Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 September 10, 1980 CONGRESSIONAL RECORD -,SENATE 1912365 additional views of Senator Helms along with I have provided a similar letter to senator reer status pass successfully through a strict the substitute measure which he is sponsor. Percy. Ing. Although Senator Helms has the good of Sincerely yours, but fair tabbl shi process; and the Foreign Service in mind, I must take is. ALAN K. CAMPBELL, (3) ests Pro motioncloser, com m lcos p ng - sue with his proposal because of several formance and propeennsaatio tion and nd features which I believe to be unsound from Director. Incentive payments, and retention in Service. the standpoint of Federal personnel policy. THE SECRETARY OF STATE, The Bill will also improve the management Section 3 of Senator Helms' bill, S. 2986, Washington, D.C., June 20, 1979, and efficiency by rediucingt he number of per of the provides, in a revised section 413 of the For- Hon. WALTER F. MONDALE, eign Service Act of 1948, an additional lump President, U.S. Senate, sonnel categories under a single pay schedule, sum payment to each member of the For- Washington, D.C. establishing a Senior Foreign Service com- eign Service equal to 15 percent of the basic DEAR MR. PRESIDENT; I transmit herewith parable to the Senior Executive Service of salary for such member within the limits of on behalf of the Administration a Bill to the Civil and maximum and compatibility encouraging Inter- salary and $7,500. The bill would further promote the foreign change and maximum c the foreign affairs exempt this lump sum payment from taxa- States by strengthening and Improving sonnel systems among the foreign affairs g agencies. tion. Foreign Service of the Unit a ed St tes I strongly disagree with this concept. First, other purposes. and for Senator Helms would offset the expense of The Congress took a major step last year this provision by deleting the Senior For- to improve the management and efficiency of eign Service performance pay provisions. It the federal service by enacting the Civil is obvious to those of us who have studied Service Reform Act. This Bill is a companion and worked with compensation systems that measure to increase the effectiveness of the ,rewards should go with performance. Sena- foreign policy arm of the government. It also tor Helms, in deleting the performance award responds to a Congressional directive (Sec. system proposes a step backward in the 117 of PL 94-350) to prepare a "comprehen- progress toward pay-for-performance which sive plan for the improvement and simpliflca- is to be found under the Civil Service Re- tion" of the personnel systems of the De- form Act, passed overwhelmingly by the partment of State and the United States Senate, and section 405 of S. 3058. International Communication Agency (pre- Further, there is no reason to believe that viously the United States Information on the added bonus would accomplish anything Agency). In addition, the Bill contemplates constructive in struggling with the problem use of the Foreign Service personnel system of members of the Service who are reluctant by the proposed new International Develop- to go overseas. Senator Helms explains in the ment Cooperation Agency. committee report that "by providing the 15 The last comprehensive Foreign Service percent tax-exempt incentive, it would re- personnel legislation was the Foreign Service duce the resistance of married personnel to A t c Of 1946. The need 1s clear, after more accept foreign assignments . , .", There can than three decades, for substantial legislative be no such direct effect from a bonus which changes to strengthen and improve the For. goes to all members, without regard to their eign Service to enable it to fulfill its essen- willingness to move to "undesirable" posts. tial role and mission now and in the years The proposal would simply raise the level of ahead. compensation without a return benefit to I believe that this new Foreign Service Act the Government. Members of the Foreign is needed: Service receive post differentials provided To provide a clear distinction between For- under title 5, U.S.C., which are meant to eign Service and Civil Service employment, compensate for the difficulties in recruiting and to convert to Civil Service status with- at hardship posts. These differentials would out loss those Foreign Service personnel who be increased under S. 305$ and the House are obligated and needed only for domestic passed bill. Section 6 of Senator Helens' bill would re- service; To improve efficiency and economy by sim- vise the retirement formula to increase the plifying and rationalizing the various cate- annuity of members of the Service from the gories of Foreign Service personnel and by current 2 percent for each year of service to establishing a single Foreign Service salary 2'/, percent. The bill would apparently pro- h d ac l a u e, vide this increased computation benefit to all service so that those retiring Immediately To establish a Senior Foreign Service raFC~ after the Act's passage would receive a wind- fall the bill despite the knowledge that Sena- tor Helms apparently does not intend that the increased benefit apply to service prior to the enactment date. I do not find Senator Helms' analoey be- tween the Foreign Service and the FBI and Air Traffic Controllers valid. The present computation of retirement for members of, the Foreign Service already exceeds the nor- mal Civil Service computation. The special computation provided for Air Traffic Con- trollers and other special occu ti pa ons 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 cur- tailed at a point of service which would otherwise provide an inadequate annuity. The increased computation in Senator Helms' bill for meflibers of the Foreign Service is unnecessary. They do not normally have early retirement. Also, the House passed ver- sion of the Foreign Service bill raises the mandatory retirement age to 65, which indi- cates )) trend toward longer service, rather than iarly retirement. I have not touched on all of my concerns Senate to move ahead on Its considerati'ne on of S. 3058. Thank you fo. the ,__ iderat standards based on performance,-with per- formance pay for outstanding sevice; 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 personnel which have been enacted both within and outside the framework of the existing Foreign Service Act; To improve interagency coordination by promoting compatibility among the person- nel systems of the agencies employing For- eign Service personnel and with those of other departments and agencies. I am confident the Congress will agree that it is in the national interest to maintain and strengthen a professional Foreign Service, representative of the American people, to assist the President and the Secretary of State in managing- the. country's foreign relations. I believe this Bill strengthens the profes- sional character of the Foreign Service of the United States by: (1) limiting Service status to those who accept its discipline including the obligation to serve anywhere in the world often under dangerous or unhealthy circumstances; (2) requiring that all persons seeking Ca- The Bill has been the subject of extensive consultations. Its provisions reflect com- ments and suggestions which have been re- ceived from the members of the Foreign Service and the employee organizations which represent them, and from interested agencies within the Executive Branch. The Bill is divided into two titles. Title I, made up of twelve chapters, is the Foreign Service Act of 1979, a permanent body of law concerning the Foreign Service personnel system. Title II consists of transitional and technical provisions, and amendments to and repeals of other laws. The Office of Management and Budget has advised that enactment of this legislation would. be consistent with the Administra- tion's objectives. Sincerely, [From Ambassador for Director General Harry Barnes] FOREIGN SERVICE ACT Would you be good enough to transmit the following letter from me to Senate Ma- jority Leader Robert Byrd: "DEAR ROBERT: Having now worked three and a half years with the Foreign Service of the United States, I have become more con- vinced than ever that it is a group of high caliber, dedicated men and women whose record of service.to the United States Gov- ernment is unexcelled. In the course of my years here in Tokyo I have become familiar with the provisions of the proposed new For- eign Service Act which I understand is now awaiting Senate action. It is my understand- ing also that differences within the Congress on the bill have been resolved and that, with everyone's help, a good bill has been pro- duced. "The concern now is whether the crowded congressional calendar will permit passage of the bill during this session of Congress. I be- lieve that with all of the effort which has been put into the development of this new basic charter for the foreign service, it would be a tragedy to see it die when this Congress adjourns in October. I sincerely hope that you might be able to consider the possibility of working out a time agreement which could permit it to be brought to the floor during September. I know, better than most, the competing pressures you face in the month ahead, but I believe the passage of this bill would be in the best interests of our Govern- ment. "With affection, respect and warm good wishes to you and Erma from Maureen and me,. "Sincerely. TEXT OF STATEMENT ADOPTED BY THE BOARD OF THE FOREIGN SERVICE, JUNE 20, 1980 The Board believes that the Bill repre- sents a well considered effort to meet exist- ing anomalies in the present Foreign Service personnel structure and should - be supported. Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 S12366 CONGRESSIONAL RECORD- SENATE September 10, 1980 STATEMENT OF HON. GEORGE BALL, FORMER Although I do not claim familiarity with tion through specie application of merit UNDER SECRETARY OF STATE some of the detailed personnel provisions of principles, collective employee representa- The Foreign Service Act of 1979 which this the bill, I am satisfied that it would effect tion, and legislated grievance procedures. committee is now considering should en- the three changes most needed to strengthen C. Provide more equitable compensation hence the effectiveness of the Foreign Serv- the Foreign Service and to enable it to meet between the Foreign Service and Civil Serv- 'based on a h ahead. Ice ice while at the same time preserving the in- mFirst, the bill recognizles thee clear distinc- wand ed by the rCongress comparability iFYs 1979 for the civil service employees who tion between the Foreign Service and the State Department authorization and provide terests oerm invaluable roles in the Department civil service. As recognized in the interim re- other incentives for a lifetime of service., of state. port filed in January of 1977 by then Deputy abroad under difficult circumstances. Although I do not profess a mastry oe the details of the proposed legislation, , it seems finder Secretary Larry Eagheburger at my The House Foreign Affairs Committee and to me to achieve several essential purposes. direction, earlier efforts to induce into the the Post Office and Civil Service Committee The first is that it would make a clear dis- Foreign Service persons whose skills and have spent a year examining this legisla- tinction between the Foreign Service and the services are needed only in domestic assign- tion in depth, after years of study by the Civil Service and provide for transferring out ments were ineffective and unrealistic. Foreign Affairs Agencies and concerned em- of the Foreign Service the purely domestic Second, the administration proposal would ployee organizations. Both Committees unan- employees who are not prepared to commit consolidate and codify the personnel system imously reported out similar bills. themselves to overseas assignments. I think and laws of the Foreign Service-as also sug- While there is broad support for the Bill that is a useful move. It would give the For- gested in the 1977 interim report. The pres- among the concerned House and Senate Com- management organizations, the a arera n Service greater homogeneity with a con. ent multiple subcagoriesydet deters personnel Sequent a few areas to which sequent nt improvement t in in the spirit of the e and makes individual inequities hard to particular attention should be paid. Corps. avoid. The hundreds of amendments passed A. Provisions guaranteeing full pay com- o proposed age tae he to the Foreign Service Act of 1946 and the parability to conform to the 1970 Pay Com- A second c could serve tion provision serve cls a Fore gn Service and Increase Its attractive- many personnel laws which affect Service parability Act are essential to the Bill. Denial essiorennits the proposed personnel need restatement and updating. of equity in the interest of saving a mar- ness crea to potential or Foreign s Service ophich pThe pending bill provides a contemporary ginal amount of money would be a blow to tion would provide ov a Senior ForeiServwhich reaffirmation of the role of the Foreign Serv- the career service at a time when it is &I- also more vigorous only greater performance standards rewards but ice, which should provide an excellent char- ready under se severe pe Ault abroadttempt to other r our older diplomats. Coupled with the ter for Finally, many and years most to come. importantly, the pend- dilute Section 403 providing for long. over- for this would ould facilitate of the the the proposed legislation, in measure would provide needed closer due comparability. tin u n,out-the clear- links a between granting career status; ad- B. Section 501(b) in the Post Office and ing out of deadwood of l process of selection, which Invariably a ac- vancement, compensation, and retention in Civil Service Committee markup would es- cumulates r sere - the Foreign Service and'continuing high per- tablish the principle that positions should any career evtime or occasion formance requirements. I am frank to say be declared Civil Service unless there is a I have not e had either the time although this was the intent of the 1946 positive reason why Foreign Service desig- to s, w want too bring to this In ttee but I did act, it has not always been reflected in prac- nation is required, .even for Foreign Affairs want t east In Its Chbroad thrust ia committ this ee is very tice. The intended "up or out" principle agencies. This establishes a presumption of that l and indeed necessary piece ry piof legisla- a very has been breached too often. Officers at the guilt against the Foreign Service in Foreign useful and are tom neces g and top career ambassador and career minister Affairs agencies. We urge you to vote against then we are tt maintain the integrity and raks have been immund from performance Section 501(b). the spirit and the effectiveness of our For- evaluations and selection out, and sometimes C. We support proposals for a statutory elgn Serivice. stay on long past their prime periods of Committee to review Ambassadorial candi- STATEMENT dates. STATEMENT OF RICHARD I. BLOCH, CHAIRMAN. D1MAN, In summary, I would urge your support for We urge you to support this amendment FOREIGN SERVICE RVICE GRIEVANCE E BOARD proposed new Foreign Service Act. It when offered. I serve as the umpire and arbitrator for a will preserve and strengthen the best tradi- The men and women of the Foreign Serv-y number of Federal agencies including the In- tions of the Service, and make it possible for ice will consider your support for all the es- ternal Revenue Service, the Labor Depart- its members to better perform their essential selltial provisions of the Foreign Service Act Inert, the dTreasury m nisi Department. Depart- role and missions now and in the future. of 1980 as the greatest single demonstra- Services ment, and a a number o of o, others. . I Justice thou that the sacrifices they are making meet, and a am familiar iar AMERICAN FOREIGN SERVICE ASSOCIATION, around the globe are appreciated by their in general with arbitration systems both In Washington, D.C. countrymen. and out of the Federal sector. (The American Foreign Service Association UP AMENDMENT NO. 1572 My judgment and it is a unanimous one, Representing 11,000 Foreign Service People ident, I send I might add, is that this system we have now Urges Prompt Passage of the Foreign Service Mr. . amendment MATHIAS. Mr. the Preres and ask for even on the basis of the old legislation Is the This is an Act to strengthen the foreign its immediate consideration. single best Federal sector system we know. Act of 1980. We think the act well sr and for policy of the United states by strengthen- The PRESIDING OFFICER. The the most part adeq quately reesponsiv sponsive to the ing and improving the Foreign Service of the amendment will be stated. h v then Impr. United States. It comes at a time when the The assistant legislative clerk read as needs I haveeep im pressed with both the quad United States faces increasingly complex follows: - Board. of the parties and challenges abroad which will require the best The Senator from Maryland (Mr. MATHIAS) Ity e of the es of our presentations th the responses of our skills we can bring to bear to meet them. It also comes at a time when our people face proposes STATEMENT OF FORMER SECRETARY OF STATE an unprinted amendment num- HENRY A. KISSINGER Increasing dangers, hardship and family dis- bered 1572. locations by following careers of service Mr. MATHIAS. Mr. President, I ask I cannot be said to have been one of the wherever their country sends them, whenever unanimous consent that the reading of greatest admirers of the Foreign Service when they are needed. the amendment be dispensed with. I was serving in the White House as a Na- The new Act is important because In the The PRESIDING OFFICER. Without work with the ignAdvisor. cer vice But whas I had to thirty-three years since the existing Foreign objection, it is so ordered. of State I became cd that it one of Service Act was enacted, the personnel struc- thhe most became convinced o of the ablest ne of ture of the Foreign Service has become overly The amendment is as follows: the mdt and one abland complex; it is becoming increasingly difficult Page 205, line 4, strike out "(a) In" and one of the most most Indispensable thle groups of men to recruit and retain top candidates; promo- insert in lieu thereof "(a) Except as pro- and women in our Government. tier rates have slowed and increasing rester- aided in subsection (b), in" In our shs with its frequent alo e sibilities placed on our people have not been Page 206, line 1, strike ont all through tier in high oem office, it is indispensable to ha vve accompanied by increasing resources to meet line 2 on page 207 and insert in lieu there-. a professional crops that represents the con- them. of the following: tinuity of our foreign policy, that operates The new Act would: (b) (1) Notwithstanding any other provi- profes professionally, that looks at foreign policy A. Reaffirm the need for a separate career slon of law, the status, promotions; class, oint of view of the general inter- haracterized by the high- and tenure of individuals who, immediately m the f i p ro ce, c Foreign Serv eft and while of course there are exceptions in any large organization, In experience I eft standards, able to advise the Secretary before the date of enactment of this Act are ri and the President on the formulation of for- in the Foreign Service in the Internatioa.AAA' le nd as dedicated a group. As T read this proposal, ei " ?"? `"--------- ---- - - ~------~ 11s d K Y y, a this proposed legislation,, it is an attempt to of programs to advance United States in- a collective bargaining agreement between strengthen the professionalism. terests abroad. the Agency and the exclusive representative us to be~ It seeks to insure a recognition of measure B. Provide a strong voice for the members of those individuals shall, c elti t of 1946 and it attempts to open up the career ladder of the Service in protecting their own ca- governed by the Foreign Servi A, to the most promising men and women. reers from political abuse and arbitrary ac- and Public Law 90-494 (as those Acts were Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 September 109 1980 LONG) JESSEOIIAL RIECO 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 Serv- ice for purposes of sections 103, 406, 501, 502. 503, 610, 803, 1002, 1101 of this Act. (2) The President shall prescribe salary rtes 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 Foreign 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. Mr. MATHIAS. Mr. President, I am pleased to offer an amendment to sec- tion 2104 of the proposed Foreign Service Act of 1980. Let me say before I discuss the amend- ment, however, that I express my appre- ciation for the work which the managers of the bill, the distinguished Senator from Rhode Island and the distinguished Senator from New York, have vested in bringing this bill to the floor. One of the sources of pride at being a Senator from Maryland is that I am privileged to probably represent more Foreign Service officers than any other Member of Congress. Many, of course, have their home of record in, the State of Maryland. They may be dispersed at embassies and other diplomatic posts around the globe, but we are very proud that so many of them have chosen to make the State of Maryland their per- manent home. Mr. PELL. Mr. President, If the Sena- tor will yield at that point, knowing the Senator's partiality for the word "anom- aly," I suggest it is an anomaly that the State of Rhode Island is the only State whose constituents are represented by an ex-Foreign Service officer also. Mr. MATHIAS. I do not know that X would consider that an anomaly on my list of anomalies. I think it is a matter for which the citizens of Rhode Island are to be congratulated. D - SENATE 012337 The third feature of this agreement grade, status, pay, and retirement sys- was that ICA would discontinue hiring tem. new employees as Foreign Service "do- I think the International Communica- mestic specialists." In time, therefore, tions Agency has estimated that it would this particular category of public serv- take as long as 20 years to achieve a clean ant would be phased out. system if conversion proceeds only on a If the Senate will carefully peruse voluntary basis. So for this period of time section 2104 of this bill, it will be ob- we will have this very multihued system served that the bill would violate the which is just exactly what we are trying agreement's open-ended prohibition to avoid with this legislation. This leg- against forced conversions. islation, I might add, has been worked What the bill does very simply is to on for some years by both Republican break the word of the United States of and Democratic administrations, and it America to its own employees. meets the needs that the Foreign Service This amendment would retain the and the American Government must status quo, would allow the agreement have to be responsive to modern diplo- to remain in force, and would thereby matic demands. prohibit the mandatory conversion to the Speaking in a more personal way, I civil service of these employees. have often thought that if the act of Of course, I am sure that all of the 1946 had been properly implemented, we arguments that can be raised will be would not have had to have this pend- raised, such as "Well, this would estab- ing legislation. Unfortunately, it was not lish a precedent; this would create prob- adequately applied. This was the reason lems in the future." for this proposal which was the original But those arguments are hollow when creation of, I think, Assistant Secretary you consider that you- are dealing with Eagleburger. It was he who talked to me a very small group of people whose ex- about it first, then Secretary Kissinger, tinction is guaranteed by the terms of and through the years it has developed the agreement. They are going to be as a nonpartisan effort. In my view, it is gradually phased out. There will be no a pretty excellent bill. more Foreign Service "domestic special- The 3 years that are provided by this to e l "v ?V cavil service The amendment would not affect the -hould __ ` o` e application of section 2104 to employees s provide ample time for du- als to make decisions about their ir future in the Department of State or the Inter- careers and to move either to the world- national Development Cooperation wide Foreign Service category if there Agency nor would this amendment af- is a need for their services or into the fect any other provisions of this bill. civil service if they are to remain domes- The point of the amendment is so sim- tic employees. pie that I wonder that it really has to be For all these reasons I find myself com- raised, and that is the United States of pelled to oppose the amendment. America keeps its word to its own em- Finally, with respect to the so-called ployees as well as to everyone else, and breach of word of the United States- we are not keeping our word. This is not and I am trying to get the text of the a case of some misunderstanding. It is union contract now-we all know that a contract made by the Government of such contracts or ruling are not immu- the United States and the only way to table pledges for the life of the Govern- honor that contract is to adopt this ment of the United states. amendment. II hope the Senate will do W. MATHIAS. Mr. President, if the just that. Senator will yield, 2 do not believe it was The ACTING PRESIDENT pro tern- li t a rung. I was an agreement, it was a Mr. President, this amendment affects pore. The Senator from Rhode Island is contract. This bill without my amend- only 15 lines in a bill that has 254 pages recognized. ment will break that agreement. as reported by the Committee on For- Mr. PELL. Mr. President, the Senator Mr. PELL. Does the Senator have a eign Relations. But in those 15 short sim- from Maryland knows the regard and copy of the agreement, by any chance? ple lines it will prevent a substantial in- respect in which he is held in this body Mr. MATHIAS. I will try to secure one justice from being imposed, and that I hold for him. for the Senator, Let me, while we are In 1977 the International Communica- I have gone over his amendment. I doing that, just explain a few other as- tions Agency and the representative of see his purpose, and I would like to be pects of how this bill will operate for this its employees entered into a negotiated in agreement with him. But, alas, I can- small group within the International agreement pursuant to the Nixon Exec- not. Communication Agency. utive order on labor-management rela- In the first place, as a matter of equity The bill excludes these employees from tions. This agreement has three central if this amendment were passed it should the increased pay provisions of the new features. apply not only to ICA but to the other act. Therefore, under the bill as reported, One, the Foreign Service "domestic five agencies of the Government that are these employees will not be able to re- specialists" at ICA would at no time be also involved. ceive the higher level of pay which is forced to convert to civil service status. But the argument against the passage given to the Foreign Service because of Let rue repeat that because I think it of this amendment is that there is a hardships attendant on service abroad. Is impoi ant that the Senate understand fundamental principle in the bill that Section 504 would require these do- lt. there be a very cigar division of em- mestic specialists to serve abroad, al- It was agreed that at no time would ployees into Foreign Service and civil though the bill would prohibit them from the domestic specialists at ICA be forced service components. receiving the compensation guaranteed to convert to civil service status. This From the viewpoint of administering others who fulfill this obligation. jy-as' the word of the United States of the agency, it would be impossible to The head of the Agency testified-and erica. This was the contract, have employees wh r ith o a e ne er one nor the Senator may recall his testimony- Second, these employees were given the other. Great effort has been expend- that although domestic specialists are the option until June of 1981 to volun- ed to insure that i di id l n v ua s who move technically available for worldwide as- otarily convert, with the terms and condi- from Foreign Service to civil service, be- signment, the Agency has not and does tions of their willing conversion guaran- cause they will not be serving overseas, not intend to force these employees to teed by the agreement until that date. are fully protected with respect to their serve abroad, partly because there are Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 S 12368 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 CONGRESSIONAL RECORD-SENATE September 10, 1980 no positions abroad. These domestic spe- that they were at no time to be forced cialists serve the Agency's worldwide mis- to convert, either before or after June of sion by their work as writers, broadcast- 1981. ers and engineers-work which is pri- In the CONGRESSIONAL RECORD of Sep- marily-performed domestically. tember 8, 1980, there is an excerpt from In line with these concerns expressed the testimony of Mr. Reinhardt, head by the Agency, this amendment removes of the Agency, in which a Representative, the bill's inconsistency between, on the Mr. DANTE FASCELL is asking a question. one hand, denying the domestic special- Mr. FASCELL asked the question: 1st the pay rate that would be available to And this contract runs out on July 1, 1981? them if they served overseas, while, on Mr. REINHARDT. Only as it applies to the the other hand, requiring them to be voluntary conversion portions of the agree- available for such services. ment. That is, the approximately 900 em- Mr. PELL. Mr. President, I. believe, ployees in USICA have until June 30, 1981. to make a decision as to whether they want going back to this question of the word to convert to the civil service or remain in of the United States, I think a commit- the Foreign Service. ment was given in a contract between Mr. FASCELL. You mean that is in the con- the American Federation of Government tract? Employees, AFGE, and the U.S. Informa- Mr. REINHARDT. That is in our agreement The bill before us takes full account of this agreement. S: 3058, the bill be- fore us, has provided that conditions of . conversion are radically changed and that statutory authority to save pay, status, protection of Foreign Service retirement, and protection against downgrading are all provided to those who will convert. But here is the interesting point: None of these would have been possible under the AFGE-ICA agreement which con- stitutes the basis for what the Senator is talking about. In fact, S. 3058 takes into full account the 1977 agreement, which is the so-called word of the U.S. Government, by provid- ing that the conversion period will not begin until July 1, 1981. Mr. MATHIAS. The Senator is exactly right. The bill does look to many pro- visions of the contract. That is why I am so distressed that this little group of peo- ple, this group of domestic specialists in the ICA, should be the only group whose rights under the contract are violated. I am not suggesting that the committee has ridden roughshod over the rights of the employees in general. The Senator has suggested the word "anomaly." Perhaps this is, in fact, an anomaly that this group-which had cer- tain specific rights guaranteed under that contract, finds that those rights are So there it is in black and white. I do not see how there could be any other interpretation than that whioh I have given to it. There is another aspect to this, Mr. President. The reported bill contains a list of the provisions for which the em- ployees who would be covered by this new subsection are to be considered mem- bers of the Foreign Service. My amend- ment makes two changes in the list. First, it adds section 1102 on labor- management relations and 1101 on griev- ances, thereby continuing the present status of these employees under the ex- isting grievance legislation and the Nixon Executive order on labor relations. Add- ing these two sections removed an un- intentional ambiguity, because no one has suggested that these employees should have their existing status revoked. I have a further excerpt from that RECORD of September 8, 1980, where, on page E4264, the statement is made: Consistent with the later congressional tes- timony of both the agency and the employee representative, the circular prohibited man- datory conversion without any time limit. It stated, in underlined text: "Conversion from FS to OS will be entirely voluntary at the option of the employee." Now, that is pretty clear, Mr. Presi- ust make this final But let me dent . violated by this provision. j - observation. The second change made by I am not suggesting that the Con the amendment gress does not have the ability to break is add section 504 of the that contract. I am just saying by this bill to those sections of the new act, which would not apply to the employees the articulate presentation of the Sena- tor from Maryland. I think there are many arguments that can be made back and forth. I repeat again that the con- tract certainly covers the period of the contract, and should not bind us in the exercise of our legislative responsibilities Mr. MATHIAS. Mr. President. I have no desire to prolong this debate, a debate which may involve a small group of peo- ple, who, as a class, are headed for phas- ing out. But this is important to them. I do not like to have this decision, which is important to 900 faithful servants of the United States, made by two Members of the Senate. I say that in deference to the Chair because he is prevented by the rules from participating in this debate. Though I am reluctant to disturb Sen- ators who are busy doing many other things in other places, how can we avoid a rollcall? Mr. PELL. Does the Senator want to ask for a rollcall vote? Mr. MATHIAS. Mr. President, I ask for the yeas and nays. , The PRESIDING OFFICER. Is there a sufficient second? There is not a suf- ficient second. Mr. MATHIAS. Mr. President, I make the point of order that a quorum is not present. The PRESIDING OFFICER. The clerk will call the roll. The assistant legislative clerk pro- ceeded to call the roll. Mr. MATHIAS. 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. MATHIAS. Mr. President, I ask for the yeas and nays on the pending amendment. 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 Maryland. The yeas and nays have been ordered and the clerk will call the roll. The assistant legislative clerk called the roll. Mr. CRANSTON. I announce that the Senator from Nebraska (Mr. ExoN), the Senator from Colorado (Mr. HART), the Senator from Massachusetts (Mr. KEN- NEDY), the Senator from Louisiana (Mr. LONG), the Senator from Washington (Mr. MAGNUSON), the Senator from South Dakota (Mr. McGovE'RN), the Senator from Mississippi (Mr. STENNIS), and the Senator from Florida (Mr. STONE) are_ necessarily absent. Mr. STEVENS. I announce that the Senator from Colorado (Mr. ARMSTRONG), the Senator from Oklahoma (Mr.~BELL- MON), the Senator from Arizona (Mr. GOLDWATER), the Senator from Califor- nia (Mr. HAYAKAWA), the Senator from amendment that we ought not to break protected under this amendment by the that contract. -collective bargaining agreement. The re- Mr. PELL. Mr. President, I understand ported bill already excludes the employ- the Senator's point. What really hap- ees converted by this-subsection from the pened here was that an agreement was increased pay provisions of the act. made that until 1983 nobody would be If these people are not going to get required to convert. higher pay for serving overseas, then Mr. MATHIAS. Exactly. they ought not to be subject to such Mr. PELL. But after that time, it was service under this section. This amend- left absolutely blank. The contract was ment, with all deference to the authors silent on it. of the bill, I think makes the bill con- The Senator's interpretation is that it sistent. These employees will not be paid was an implicit commitment. That is like the higher rates and they will not be saying that in any union-management forced to serve abroad. contract there is an implicit commitment to extend the terms indefinitely into the I hope, Mr. President, that the Senate future' enough for the term of the will adopt this amendment which ob- contract. serves commonsense, logic, and consist- Mr. MATHIAS. Mr. President, I think ency but, most important of all, keeps it is clear that this group of employees the word of the Government of the was given the right until June of 1981 United States to its own employees. to convert. But I think it is equally clear Mr. PELL. Mr. President, I appreciate the Senator from Oregon (Mr. PACK= WOOD) are necessarily absent. The PRESIDING OFFICER (Mr. TSONGAS). Are there other Senators who wish to vote? Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 September 10, 1980 CONGRESSIONAL RECORD-SENATE The result was announced-yeas 52, nays 34, as follows: [Rolicall Vote No. 399 Leg.] YEAS-52 Baker Heflin Riegle Baucus Heinz Roth Bayh t Helms Sarbanes Boren Inouye Sasser Boschwitz Javits Schmitt Burdick Jepsen Schwelker Chafee Kassebaum Simpson Cochran Laxalt Stafford Cohen Leahy Stevens Culver Levin Stewart Danforth Lugar Thurmond Dole Mathias Tower Domenic! McClure Wallop Durenberger Melcher Warner Garn Metzenbaum Weicker Gravel Moynihan Young Hatch Percy Hatfield Pressler NAYS-34 Bentsen Durkin Nunn Biden Eagleton Pell Bradley Ford Proxmire Bumpers Glenn Pryor Byrd, Hollings Randolph Harry F., Jr. Huddleston Riblcoff Byrd, Robert C. Jackson Stevenson Cannon Johnston Talmadge Chiles Matsunaga Tsongas Church Mitchell Williams Cranston Morgan Zorinsky DeConcini Nelson NOT VOTING-14 Armstrong Hayakawa McGovern Bellmon Humphrey Packwood Exon Kennedy Stennis Goldwater Long Stone Hart Magnuson So Mr. MATHIAS' amendment (UP No. 1572) was agreed to. Mr. MATHIAS. Mr. President, I move to reconsider the vote by which the amendment was adopted. Mr. PELL. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. PELL. Mr. President, what is the will of the Senate? The PRESIDING OFFICER. Who seeks recognition? Mr. BAKER. 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. ROUTINE MORNING BUSINESS Mr. ROBERT C. BYRD. Mr.. President, I ask unanimous consent that there be a period for the transaction of routine morning business and that Senators may speak therein for a period not to. extend beyond 1 hour. 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 gill call the roll. The legislative clerk proceeded to call the roll. i 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 FOR RECESS UNTIL 9 A.M. TOMORROW Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that when the Senate completes its business today it stand in recess until the hour of 9 a.m. tomorrow morning. The PRESIDING OFFICER. Without objection, it is so ordered. ORDER FOR RECESS UPON COMPLE- TION OF BUSINESS TOMORROW UNTIL MONDAY, SEPTEMBER 15, 1980 Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that when the Senate completes its business on tomor- row it stand in recess until Monday next. I will decide a time for convening a little later. The PRESIDING OFFICER Without objection, it is so ordered. fifth century B.C., as a system of small - Mr. ROBERT C. BYRD. Mr. President.- Walls protecting the northern borders. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. PROXMIRE. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. OF WALLS, CANALS, PIPELINES, AND PYRAMIDS; AND THE MX Mr. PROXMIRE. Mr. President, the official Department of Defense MX office has updated the cost of the MX system in constant and appropriated dollars. The figures make for interesting if not alarming reading. The R. & D. military construction, and deployment costs of the MX, in 1980 dol- lars, total $33.8 billion. The cost of main- taining these missiles over a 20-year period is $8.9 billion. This makes a 1980 life cycle cost of the MX program at $42.7 billion. Of course any calculation in 1980 dollars does not factor in inflationary changes over the years. The Congress does not get an opportunity to appro- priate for any program, domestic or for- eign, in constant dollars. Think of it, Mr. President, if we could appropriate in constant dollars, we could hold the budget in balance. We could make true calculations of alternative programs. There would be no hiding large program increases in the "noise" of inflation. . But sadly, we must appropriate in the kind of dollars the taxpayers pay an- nually. So, we must consider the amounts the Congress will be called upon to ap- prove for any weapons system, or water project, or education program. The total acquisition costs of the MX in appropriated dollars will be $52.7 bil- lion. Adding in operation and mainte- nance costs over 20 years in appropriated dollars gives the grand total of $78.6 billion. S12369 As one Air Force official has been quoted, "the MX deployment will be man's largest project, larger than the Great Wall of China, larger than the pyramids, larger than the Alaska pipe- line or the Panama Canal." Will, I hope that the MX, if built, turns out more like the Panama Canal than the Great Wall of China, or the Alaska pipe- line or the pyramids. Why? Because the Panama Canal was completed in 1914 at a cost of about $352 million or some $23 million under the .original estimate in 1907. Furthermore, it was open 6 months early: Now that is a story we do not hear much anymore. The Alaska pipeline, in contrast, had an original estimate of $900 million, later amended to $3 billion, and a final cost of $8 billion. If the MX program follows the pipeline example, the M will cost $142 billion and be years late, and that would not surprise this Senator one bit. Or maybe the MX will fit into the mold of the Great Wall of China. The Great Wall started out, perhaps as early as the B.C. the Wall stretched to its fullest ex- tent. The Great Yellow Emperor of the Chin dynasty reportedly diverted so much government revenue and labor service to consolidate the wall that many historians cite this as the principal reason for bring- ing his downfall and that of his successor son. There was rebellion in the land and control gradually fell toyarious generals. It is hard to resist the temptation to draw an analogy, but I will resist. And what of the pyramids? Herodotus claims that the Great Pyramid required 100,000 workers for 20 years, probably on 3-month a year shifts plus another 10 years for the associated minor construc- tion. Other estimates state that for the six major pyramids, on average 74,000 people were required each year for one century-100 years of labor. No matter which estimate is assumed correct, there can be no doubt of the labor intensive re- quirement for pyramid building. So what do we end up with? If the MX is the world's largest public works pro- ject, can we conjecture that it will suffer the manpower problems of the pyramids? Will it divert the national treasure as with the Great Wall so that a political system will fall? Will it have the cost overrun of the Alaskan pipeline? Or will a miracle happen and it be built under budget and ahead of schedule like the Panama Canal? With $78.6 billion in tax dollars at stake, it is a question with more than a little importance. HEROINE OF THE VILNA GHETTO Mr. PROXMIRE. Mr. President, Anna Simaite served both the physical and the spiritual needs of the Jews imprisoned In the Vilna ghetto. She knew that hu- man life consists of more than physical survival. She knew the importance of a flower to a woman struggling against despair. And she knew the importance of guns to those planning resistance. When the war engulfed Lithuania, Anna was working in. the catalog de- Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2 S 123~~ID CONGRIESSItONAL RECORD -SIENATIE September 109 1980 make their article brary. Her the Vilna, eariv~tic was uthless ae ttack on he ndependent na- leade ship stspublichcommtmentet Soviet weary. Her fame literary well-established. She She easily could have tion of Afghanistan. The hearing record crease meat production, the increase has im- getting no and accept shows onl detached herself' from the degradation significant economic and po Is oliti al' they ve age Sovietocitizen igrowth her the toe Jews. Yet she would not, accept posing sh I e own was said sh safety later, others suffered. As dcosts on the Russians. Now we have ad- more meat itional information which supports that many areas nof the country beefs ssnot In 10 he saiashamed years that la I ter: was not Jewish conclusion. available at all in the state stores. realized article self. I had to do something.. I realized Prof. Gregory Grossman of the is More than York improvement in dietsia in- the danger involved, but ... a force much versity of California at Berkeley, the Gove stronger than myself was at work. a leading academic expert on the Soviet volved i eat suppler Tnm.ent he prmiom a to tn-go , The plan. she devised temporarily economy has submitted a statement to of the entire economic plan. the committee.. Professor Grossman heart esti- escaped Nazi suspicion. Claiming that points out that the U.S. embargo does The Defense Intelligence Agency many, University library books were in not have to be fully effective to be costly mates that the Soviets have had to pay the possession of Jewish students then to the Russians. No one ever expected $1 billion in higher prices for the grain imprisoned in the ghetto, she was grant- the Russians would be unable to replace that it purchased in the world market to the to travel outside freely between the part of the 17 million metric tons of make up for the loss of U.S. supplies. ghetto and in the to wired and grain the United States denied them. The grain purchased to substitute for ed ghetto and the books. Once past the d The shortfall, even if it is much less than the U.S. grain, as the New York Times guarded gndtto walls, Each began her 17 million tons, can still be quite expen- points out, is often lower quality and has underground work. Each day she would sive? for the Russians. Professor Gross- caused the Soviets additional problems smuggle forged flowers and guns, letters and man states: with feed formulas for their livestock. calmly Aryan papers. Each while day he would I submit that the short-term effect of the The partial grain sales suspension has out pass the guards whilcarrying. embargo on the Soviet economy may be con- been effective and ought to be continued. out documents, a few books, and diaries siderable, even if it is only partially effec- Certainly it ought' not to be rescinded of the imprisoned Jewish martyrs. She tive; and, further, that the longer-term by act of Congress as some of my col- arranged for the housing of many Jew- effects on the Soviet economy may be more leagues have proposed. Professor Gross- ish children, and then helped them important yet. These effects largely derive man reminds r that the strikes in s- escape the ghetto. Her free passage from the central position of. the meat sup- mocked the purpose of the ghetto walla ply . in ,ah anon East Europe genera lly as this. , meat prices, and he makes what seems to to suspect tills tlreiess iiorariari. +==-s== demonstrated). warned by friends that her arrest was imminent, Anna refused to desert the Professor Grossman goes on to say Jews. Total extermination was the un- that: questioned fate of the-ghetto-dwellers. The gravity of the situation from the Her own arrest seemed a small risk Soviet standpoint must, be seen, of course, in comparison. For 2 years she evaded the not only in economic term.In. the USSR-as Gestapo, but in 1944 she was arrested,. throughout Eastern Europe-no the mass of consumers more e than the bribed a high Nazi official to spare Anna? cial stores, and the price of meat in un- and she was deported to Dachau. The official outlets. And probably no problem has allies found her, skeletal and barely alive, been seen by the public and the rulers alike in 'a concentration camp in southern. more than this. one to, be a leading test, France. Of the efficacy-and even political l5gitimacy Anna was not forgotten by the chil- of the regime. dren she had saved. Those who knew of professor Grossman also argues that her survival wrote letters of thanks. One the grain embargo adds to the difficul- persuaded Anna to go to Israel, where ties the Russians face in allocating re- in 1953 she was warmly acclaimed. The sources to the major problem sectors of works she has written since the war and their economy: agriculture, energy and those she smuggled out of the Vilna transportation. There are no easy choices ghetto have enlightened our understand- for the Russians. As Professor Grossman Ing of the war years. - says: Mr. President, I have recounted the It must be emphasized that should the story of Anna Simaite for one reason. I embargo enhance the Soviet search for long- believe that her example makes a strong term grain independence, the near-term argument for ratification of the Geno- pressure on Soviet resources might be ap- cide Convention: Her actions show the preciably Increased, the energy, transport, highest regard for human life and a most and other major bottlenecks may be ag- personal opposition to genocidal policies. gravated, and the course of the Soviet Her actions reveal that she could not economy significantly affected for some time to come. esso remain inactive while suffering sur- rounded her. Mr. President, this body Mr. President, just yesterday the New fug ia a,,vBierk economy ey. and long-time matters oI have the eoa matter to also has a high regard for human life. I York Times reported that the Russians am very pleased and ask my colleagues to remain inactive no are not going to have nearly as big a submit the following remarks for inclusion longer. In light of Anna's example, I urge grain harvest this year as they had in the record of these Hearings. I am doing the immediate ratification of the Geno- planned. They had hoped to raise 235 so entirely in my private capacity. tide Convention. million tons of grain. The latest esti- There seems to be some misunderstanding mate is no more than 200 to 210 million in our media and among some of our public tons. As the correspondent for the New figures in regard to the economic effects of GRAIN EMBARGO HURTING-, York Times concludes: our grain embargo on the Soviet Union. It is o is "ineffec - t the embar g times said tha RUSSIANS This means that the already tight supply some Mr. PROXMIRE. Mr. President, on Au- situation in feed grains, the controlling fac- tive", has "failed", because much of the grain- gust 20 and 21 the Committee on Bank- tor in the Government's hopes of increas- denied to the.Soviets by us has been seem- ing, Housing, and Urban Affairs, which ing meat production, will be that much ingly replaced by other non-communist I chair, held hearings on the effects on tighter, and the impact of the American em- countries. (I say "seemingly" replaced, be- bargo on grain sales to the Soviet Union will cause we cannot know exactly how much the Russia of President Carter's decision to be that much sharper. Soviets would have bought anyway from the suspend partially U.S. grain sales. The third countries in the absence of our em- purpose of the President's action was to The fact is, as the New York Times bargo.) This conclusion is at best hasty, as A termination or tine emoargo uy w+=g=' - atonal vote at this time would be likely to be Interpreted by the peoples of Poland and the rest of Eastern Europe as essentially a discouraging signal, and to this extent would tend to relieve the economic as well as politi- cal pressure on the Kremin from that side. The decision to impose the grain em- bargo was a prudent and meaningful t' response to the Soviet invasion of Af- ghanistan. The embargo is forcing the Soviets to pay a heavy price for that transgression. The embargo is not just a symbolic ac- tion. It is a positive, forceful, and tangi- ble action and a costly -one for the Soviets. If the Soviet harvest is as bad as is now being forecast the embargo will prove to be even more costly. Mr. President, I ask unanimous con- sent that the statement by Professor Grossman and the New York Times ar- ticle entitled: "Soviet Grain Prospects Worsening; Embargo by U.S. May Cut Deeper" be printed in the RECORD. There being no objection, the material was ordered to be printed in the RECORD, as follows: STATEMENT BY GREGORY GROSSMAN My name is Gregory Grossman-1 am pro- r of economics at the University of Call- f Approved For Release 2008/10/27: CIA-RDP85-00003R000100080010-2