FOREIGN SERVICE ACT OF 1980
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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
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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
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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.
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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
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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
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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?
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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-
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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
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