S. 1136 THE FOREIGN SERVICE ACT AMENDMENTS OF 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300440022-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 22
• Publication Date: May 5, 1983
• Content Type: MEMO

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OGC 83-03533
5 May 1983
MEMORANDUM FOR:
Deputy Director of Personnel
STAT
SSA/DDA
C ie , e ion Division, OGC
SUBJECT: S. 1136, the "Foreign Service Act Amendments
of 1983"
1. Attached for your information, review, and comment is
an excerpt from the 26 April Congressional Record where Senator
Charles Percy (R., IL) introduces S. 1136 at the request of the
State Department. The bill amends the Foreign Service Act of
1980 and is reprinted in the Record along with a
section-by-section analysis of the bill. Please note in
particular section (6)(a)(1) of the Bill which amends the
definition of a former spouse and section (6)(a)(3) which
concerns the election of a survivor annuity.
2. I would appreciate your review of the bill and your
comments as soon as possible. We will send you a copy of the
actual bill once it is printed. Please refer your comments, in
of this Office
writing or by telephone, to
(0GC:KAD:maw)
Distribution:
Orig - Addressee
1 - KAD Chrono
1 - CHIC Chrono
1 - 0GC Chrono
LED File: Former Spouses (permanent)
STAT
STAT
STAT
STASTAT
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 Approved For Release 2008/08/28: CIA-RDP86B00338R000300440022-9
April 26, 1983
CONGRESSIONAL RECORD - SENATE S 5205
Lion of the airman certificates and for addi-
tional penalties for the transportation by
aircraft of controlled subst es, and for
other purposes; to the Com flee on Com-
merce. Science, and Trans rtation.
By Mr. DANFOR (for himself and
S. 1147. A bill to end the Int Reve-
nue Code of 195 to exclude f m gross
income the disc ge of mortg debt on a
principal rest n e; to the Co Ittee on Fl-
S. 114 A bill to prove for the use and
distrl Y14 .A of funds warded the Assinl-
boi Tribe of the /Port Belknap Indian
Mont.., in d
U.S. Court
By Mr. M
Lion.
By 14
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. PERCY (by request):
S. 1136. A bill to amend the Foreign
Service Act of 1980, and for other pur-
poses; to the Committee on Foreign
Relations.
FOREIGN SERVICE ACT AMENDMENTS OF 2983
? Mr. PERCY. Mr. President, by re-
quest. I introduce for appropriate ref-
erence a bill to amend the Foreign
Service Act of 1980.
This legislation has been requested
by the Department of State, and I am
introducing the proposed legislation in
order that there may be a specific bill
to which Members of the Senate and
the public may direct their attention
and comments.
I reserve my right to support or
Oppose this bill, as well as any suggest-
ed amendments to it, when the matter
is considered by the Committee on
Foreign Relations.
I ask unanimous consent that the
bill be printed in the RECORD at this
point, together with a section-by-sec-
Lion analysis of the bill and the letter immediately after -mlsion",1 the words "ap-
from the Assistant Secretary of State under 3
02(a 1) class
Section salary (406. t within
for Congressional Relations to the (2)
President of the Senate dated April 15. ) c4. re amended follows:
(A) In subsection (a). delete all between
19~ the comma after "13" and the period.
There being no objection, the mate- "(B) In subsection (b). substitute the fol.
RElECORDwas ordered to be printed in the lowing text in Its entirety-
entirety-
R, 83 follows= '(b) The Secretarty may grant, on the
S.1136 basis of especially meritorious service, to
Be it enacted by the Senate and House Of any member of the Service receiving a
Representatives of the United States of salary under the Foreign Service Schedule.
America is Congress assembled, That this an additional salary increase to any higher
Act may be cited as the "Foreign Service step In the salary class In which the member
Act Amendments of 1983". Is serving. Such Increases may be granted at
MANAGEMENT OF THE SERVICZ the same time as the increases provided
Sac. 2. Chapter 2 of title I of the Foreign under Subsection (a) or at any other time
Service Act of 1980 is amended as follows: established by regulation."
Section 209(a), relating to the Inspector "(C) Add the following new subsection
General. is amended by adding at the end (c)-
thereof the following new paragraph: "(C) Notwithstanding subsection (a) the
"(3) 'or the purposes of section 7324 of Secretary shall prescribe regulations under
title 5. United States Code, the Inspector which a periodic within-class salary increase
General shall not be considered to be an em- may be withheld or deferred for a member
ployee who determines policies to be pur- of the Service who is on leave without pay.
sued by the United States in relations with or in part-time employment status, and
foreign powers or In the nationwide admnn? shall be withheld or deferred for a member
Istration of Federal laws.". whose performance is found in a review by a
APPOINTMENTS selection board to fall below the standards
Sec. 3. Chapter 3 of title I of the Foreign of performance for the member's salary
Service Act of 1980 is amended as follows: class."
(1) Section 305(b), relating to appoint- (3) Section 408(aXI), relating to local com-
ment to the Senior Foreign Service, is pensation plans, is amended by revising the
amended to read as follows: third sentence thereof to read as follows:
"(b) An individual may not be given a lim- "Any compensation plan established under
ited appointment in the Senior Foreign this section may include provision for.
Service If that appointment would cause the "(A) leaves of absence with pay for foreign
number of members of the Senior Foreign national employees in accordance with pre-
Service serving under limited appointments vailing law and employment practices in the
to exceed 5 percent of the total number of locality of employment without regard to
members of the Senior Foreign Service, any limitations contained in section 6310 of
except that- title 5, United States Code; and
"(1) members of the Senior Foreign Serv- ,.(B) payments by the Government and
and Corps shall be application of f eo foreign national employees to a trust or
ice cluded In the i In tto cthe alculation Peace
this limitationcalc other fund in a financial Institution in order
this limitation, to finance future benefits for foreign na-
tee members the Senior appointments Foreign Sere- tional employees. including provision for re-
have under limited s under section senior ectio Ex- n who tention in the fund of accumulated interest
have reemployment rights under the benefit of covered foreign national
310, as career appointees in the Senior ".
ecutive Service or as career senior appoin- employees.
tees in any other Federal personnel system, PROMOTION AND RETENTION
shall be considered to be career members of SEC. 5. Chapter 6 of title I of the Foreign
the Senior Foreign Service for purposes of Service Act of 1980 is amended as follows:
this subsection and (1) Section 601(b), relating to promotions,
(3) not exceed members at any one is amended by adding at the end thereof the of Com- time appointed b by y the Secretary 10, any following new sentence: "The Secretary
career merce (excluding from this In limit paragraph f(2) shall exclude members of the Service from
above) shall-be hall-b excldescribed uded ed d in the 1he Calculation eligibility for promotion when they remain
ae " in the Serivee after expiration of time-in-
annd d of this gationl class and any limited career extensions
(2) Section application 309, relaatinting to limited ap-
tion
pointments, is amended to read as follows: under section 607".
"SEC. 309. LIMITED APPOINTMENTS.-(a) (2) Section 607. relating to retirement for
Except as provided in subsection (b), a limit- expiration of time in class, Is amended as
ed appointment in the Service may not follows:
exceed 5 years in duration and may not be (A) In subsection (bXl), immediately after
extended or renewed. An appointment in "class", Insert "(including a class from
the Service which is limited by its terms to a which no effective promotional opportuni-
period of one year or less is a temporary ap- ties exist)";
pointment. (B) In subsection (d)(2), immedicately
"(b) A limited appointment may be ex- after "case", Insert "except when necessary
tended: (1) in order to permit the comple- to attain eligibility for an immediate annu-
tion in extraordinary circumstances of a ity under chapter 8".
current assignment, or (2) for continued (3) Section 609, relating to retirement
service as- benefits, is amended as follows:
"(1) a consular agent; (A) Subsection (a) is amended to read as
"(2) a family member employed under sec- follows:
lion 311; or "(a) A member of the Service who Is re-
determined candidate.
appropriate e continued to o remedy sere- a tired under section 607(c) or 608(b)--
ice (_ is ) a
grievance cognizable under chapter 11.". "(1) after becoming eligible for voluntary
COMPENSATION retirement under section 811, or
SEC. 4. Chapter 4 of title I of the Foreign '?(2) from the Senior Foreign Service or
Service Act of 1980 is amended as follows: class 1 in the Foreign Service Schedule,
"(1) Section 401(a), relating to salaries of shall receive retirement benefits in accord-
chiefs of mission. is amended by inserting, ance with section 806.";
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 S 5206
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JNGRESSIONAL RECORD - SENA. E April 26, 1988
(B) Subsection (b) is amended by striking
out "607(c)(1)" and inserting in lieu thereof
' 607(c)".
(4) Section 610, relating to separation for
cause, is amended-in subsection (a)(2), by
adding at the end thereof the following new
sentence: "Section 1110 shall also apply to
proceedings under this paragraph.".
FOREIGN SERVICE RETIREMENT AND DISABILITY
SYSTEM
SEC. 6. (a) Chapter 8 of title I of the For-
eign Service Act of 1980 is amended as fol-
lows:
(1) Section 804(6), relating to definitions,
Is amended by inserting immediately after
"10 years", the phrase "(including at least 5
years while the participant was making con-
tributions for current service to the Fund)".
(2) Section 805(d)(1), relating to contribu-
tions to the Fund, is amended as follows:
(i) strike out "equal to" and insert in lieu
thereof a period and "Special contributions
for purposes of subparagraph (A) shall
equal", and
(ii) at the end thereof add the following
new sentence: "Special contributions for
prior refunds under subparagraph (B) shall
equal the amount of the prior refund re-
ceived by the participant.";
(3) Section 806, relating to computation
and election of annuities and surviver annu-
ities is amended as follows:
(A) Subsection (b)(1)(C) is amended as fol-
lows:
(I) insert, immediately after "waive", the
words "or reduce";
(ii) strike out "(I)"; and
(iii) strike out all after "final" and insert
in lieu thereof a period;
(B) Subsection (b)(1)(D) is repealed.
(4) Section 808, relating to retirement for
disability or incapacity, is amended as fol-
lows:
(A) Subsections (a) and (b) are each
amended by striking out "65" each time it
appears and inserting in lieu thereof "60".
(B) Subsection (a) is further amended by
adding at the end thereof the following:
',However, if a participant retiring under
this section is receiving retired pay or re-
tainer pay for military service (except that
specified in section 8332(c) (1) or (2) of title
5 of the United States Code) or Veterans
Administration pension or compensation in
lieu of such retired or retainer pay, the an-
nuity of that participant shall be computed
under this chapter excluding extra credit
authorized by this subsection and excluding
credit for military service from that compu-
tation. If the amount of the annuity so com-
puted, plus the retired or retainer pay
which is received, or which would be re-
ceived but for the application of the limita-
tion in section 5532 of title 5 of the United
States Code, or the Veterans' Administra-
tion pension or compensation in lieu of such
retired pay or retainer pay, is less than the
annuity that would be payable under this
chapter in the absence of the previous sen-
tence, an amount equal to the difference
shall be added to the annuity computed
under this chapter.".
(5) Subsection (e) is amended by striking
out "65" and inserting in lieu thereof "60";
and
(6) Subsection (h) is amended by striking
out "(b)(4)" and inserting in lieu thereof
"(b)(3)(C)". (6) Section 811, relating to vol-
untary retirement, is amended by adding
the following at the end thereof: "The Sec-
retary shall withhold consent for retirement
under this section by any participant who
has not been a member of the Service for 5
years. However, any participant who volun-
tarily separates from the Service before
completing 5 years in the system and who,
on the date of separation, would be eligible
for an annuity, based on a voluntary separa-
tion, under section 8336 or 8338 of title 5,
United States Code, if the participant then
had an appointment under the Civil Service
Retirement System, counting the partici-
pant's total federal service. may receive an
annuity under section 8336 or 8338. notwith-
standing section 8333(b) of title 5 United
States Code, provided that all contributions
transferred to the Fund under section
805(c)(1) of this Act, as well as all contribu-
tions withheld from the participant's pay
and deposited into the Fund during the
period he/she was subject to this chapter.
including interest on these amounts, are
transferred to the Civil Service Retirement
and Disability Fund effective on the date
the participant separates from the Service."
(7) Section 814(a), relating to former
spouses, is amended as follows:
(A) In paragraph (3), strike out "on the
first day of the month" and insert in lieu
thereof "or the first day of the month fol-
lowing the month";
(B) In paragraph (4), immediately after
"final", insert ", unless it is issued in recog-
nition of a substantial change in the eco-
nomic circumstances of either party".
(8) Section 815, relating to lump-sum pay-
ments, is amended as follows:
(A) Subsection (a) is amended to read as
follows:
"(a)(1) A participant is entitled to be paid
the lump-sum credit if he or she-
"(A) is separated from the Service for at
least thirty-one consecutive days, or is
transferred to a position in which he is not
subject to this chapter and remains in such
a position for at least thrity-one consecutive
days;
"(B) files an application with the Secre-
tary for payment of the lump-sum credit;
"(C) is not reemployed in a position in
which he or she is subject to this chapter at
the time he or she files the application; and
"(D) will not become eligible to receive an
annuity within thirty-one days after filing
the application.
Payment of the lump-sum credit voids all
annuity rights under this chapter based on
the service on which the lump-sum credit is
based, until the participant is reemployed in
the Service subject to this chapter.
"(2) Whenever a participant becomes enti-
tled to be paid under subsection (a)(1), the
lump-sum credit shall be paid to the partici-
pant and to any former spouse (who has not
remarried prior to age 60) of the participant
in accordance with subsection (1) and to any.
spouse to whom the participant was married
on the date of the separation from the Serv-
ice, which separation forms the basis for the
payment, in accordance with subsection
(B) At the end thereof, add a new subsec-
tion (j) to read as follows:
"(j)(1) If a written request by either the
participant (or former participant) or the
spouse is received by the Secretary of State
no later than 15 days after the later of-
"(A) the effective date of the separation;
or
"(B) the receipt of the refund application
by the Secretary of State,
then, unless otherwise expressly provided
by a any spousal agreement or court order
under section 820(b), the amount of a par-
ticipant's or former participant's lump-sum
credit payable to a spouse of that partici-
pant shall be-
"(I) if the spouse was married to the par-
ticipant throughout the period of creditable
service of the participant, 50 percent of the
lump-sum credit to which such participant
would be entitled in the absence of this sub-
section, or
"(ii) If such spouse was not married to the
participant throughout such creditable serv-
ice, an amount equal to a pro rata share
(calculated under section 804(10) as If the
spouse were a former spouse) of 50 percent
of such lump-sum credit.
"(2) The lump-sum credit of the partici-
pant shall be reduced by the amount of the
lump-sum credit payable to the spouse.".
(9) Section 816(i)(2), relating to creditable
service. is amended to read as follows:
"(2) A former spouse shall not be consid-
ered as married to a participant for periods
assumed to be creditable service under sec-
tion 808(a) or section 809(e).";
(10) Section 817, relating to extra credit
for service at unhealthful posts, is amended
by adding, at the end thereof, the following
new sentence: "Such extra credit shall not
be used to determine the eligibility of a
person to qualify as a former spouse under
section 804(6), or to compute the pro rata
share under section 804(10).".
(11) Section 826(cXl), relating to cost of
living adjustments in annuities, is amended
to read as follows:
"(c)(1) The first increase (if any) made
under this section to an annuity which is
payable from the Fund to a participant or
to the surviving spouse or former spouse, of
a deceased participant who dies in service or
it deceased annuitant whose annuity has not
been increased under this section. shall be
equal to the product (adjusted to the near-
est one-tenth of 1 percent) of-
"(A) one-twelfth of the applicable percent
change computed under subsection (b) of
this section multiplied by
"(B) the number of months (counting any
portion of a month as a month)-
"(I) for which the annuity was payable
from the Fund before the effective date of
the increase, or
"(ii) in the case of a surviving spouse or
former spouse of a deceased annuitant
whose annuity has not been so increased,
since the annuity was first payable to the
deceased annuitant.";
(12) Immediately after section 827, insert
a new section 828 to read as follows:
"SEC. 828. MISSING SPOUSES AND FORMER
SPousEs.-The Secretary of State may pre-
scribe regulations under which a participant
or former participant may make an election
to waive or reduce a survivor annuity to a
spouse or former spouse under section
806(b), and to waive or reduce a lump sum
payment to a spouse or former spouse under
section 815 without agreement of the par-
ticipant's spouse or former spouse if the
participant establishes to the satisfaction of
the Secretary of State, after having taken
all reasonable steps to determine the where-
abouts of the spouse or former spouse, that
the participant does not know the where-
abouts. When the Secretary of State deter-
mines that a spouse or former spouse is
missing during the time an annuity is pay-
able to such missing spouse or former
spouse under sections 806 or 814, the Secre-
tary of State may by regulation provide for
payment of such annuity to the former par-
ticipant, if alive, or to a surviving spouse or
surviving former spouse who is not miss-
ing.' .
(b)(1) The amendment made by section
6(a)(6) of this Act to section 811 of the For-
eign Service Act of 1980, relating to volun-
tary retirement, shall not apply to individ-
uals who are participants in the System on
the date of enactment of this Act.
(2) The amendments made by section
6(a)(11) of this Act to section 826(c) of the
Foreign Service Act of 1980, relating to cost-
of-living adjustments of annuities, shall be
made retroactively effective to August 13,
1981, and shall apply to annuities which
commence before, on. or after such date.
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 April 26, 1983
LABOR-MANAGEMENT RELATIONS
SEC. 7. Chapter 10 of title I of the Foreign
Service Act of 1980 is amended as follows:
(1) Section 1002(12)(E). relating to defini-
tions. is amended by inserting. immediately
after "209". a comma and "or comparable
investigation, inspection, or audit activities
in the other agencies to which this chapter
is applicable under section 1003".
(2) Section 1014(a)(3). relating to resolu-
tion of implementation disputes. Is amended
by inserting, immediately after "appeal". a
comma and "including cost-sharing arrange-
ments.".
TRANSITION
Sac. 8: Chapter 1 of title 11 of the Foreign
Service Act of 1980 is amended as follows:
(1) Section 2104. relating to conversion
from the Foreign Service, is amended by
adding at the end thereof the following new
subsection:
"(c) The 3-year period referred to in sub-
section (a) shall be extended for an addi-
tional 3 years after the date of enactment of
case of members of
this subsection in
the Service who were the Initially ineligible for
conversion under that subsection because
they were available for worldwide assign-
d there was a need for their services
ment an
in the Foreign Service, but as to whom sub- garLen
paragraph (B). strike out "under- highly qualified private sector executives.
Sequent events require the services of these raduate college" each time it appears and Typically, the individuals would serve one
members, and of those later employed who pert
in lieu thereof ''post-secondary educe- 3-4 year tour and apply their expertise to
are similarly situated, only or primarily for tional institution". penetrating difficult export markets and
domestic functions(". (4) Section 5944, relating to burial and last building extensive Embassy contacts in host
(2) Section 210nd be , nefits is relating to amenddeedter to illness expenses of native employees in for- countries xoal markets
raad ioa as of follows: status and be eign countries, is repealed. Section 2403(c) of the 1980 Act is being re
read
"(2) who, immediately before the effective FOREIGN SEStiI NC'I' AMENDMENTS OF 1983: pealed by section 10 of the bill.
date of this Act, was not subject to section Seedion section 10 the 1bil Act is being
633(a)2) of the Foreign Service Act of 1946 sECrroN 2: "HATCHING" THE INSPECTOR completely restated for 1980 Act reasons. editorial or section 625(x)(2) of the Foreign Assist- GENERAL (F.S. ACT SEC. 209 (a) i The only substantive changes are those de-
ance Act fo 1961.". This amendment would make clear that scribed above.
EFFECTIVE DATE OF 1980 ACT the Inspector General of the Foreign Serv-
Ssc. 9. Section 2403, pertaining to effec- ice and the Department of State is under SECTION 3 (21 : EXCLUSIONS FROM 5-YEAR LIMIT
tive dates, is amended by deleting sul2sec- provisions of the Hatch Act, thus prohibit- ON LIMITED APPOINTMENTS (F.S. ACT SEC. 309)
lion (c) and redesignating the following sub- ing participation in certain partisan political This amendment would correct inadver-
aetivities. tent omissions in the original text of section
.
(1) Section 2 is amended as Iouows. lion of Federal laws. The purpose of this
(A) The Introductory clause is amended to read "The Secretary of State may-". provision is to make clear that the Inspec-
(B) Strike out "and" at the end of subsec- tors General are subject to the limitations
tion (e), strike out the period at the end of of the Hatch Act on participation in polio
subsection (f) and insert in lieu thereof a cal campaigns. There is no comparable pro-
semicolon, and add at the end thereof the vision in the law establishing the Inspector
following new subsection: General of the Department of State and the
"(g) Obtain services as authorized by arc- Foreign Service. This amendment would
tion 3109 of title 5. United States Code, at a eliminate any question that the holder of
rate not to exceed the maximum prescribed that position, who is appointed by the Presi-
for GS-18 under section 5332 of title 5, dent with the advice and consent of the
United States Code.". Senate, is not subject to the Hatch Act. Ac-
(2) Section 11 is amended to read as fol. cordingly, it seems appropriate to emphasize
the nonpolitical nature of the incumbents'
lows: responsibilities. The enactment of this sec-
. 11. Funds "Sm t State shall beiavai to available the for De- tion is in no way intended to be used as a
p of State shall be avai ex- precedent in determining whether any
penses t es of international arbitrations and other officer of the Government is or is not
other proceedings for the peaceful resolu- subject to the Hatch Act.
Lion of international disputes nts. under'treaties
bi- SECTION 3(1)? : FIVE PERCENT LIMITATION ON
__ -.. s,,... international .ereements, and d arbi- --v rnR.
trations arising unarm w?L- -?-?- - 4F3. ACT SEC. 305 4011
by law for the performance of services or ac- SIGN SERVICE .~ Section 305 of the Act now provides that Lively to provide an equitable chance for
quisition of rty abroad.".
(3) Section 32 2 is is amended by adding at the career government employees who are mem- career consideration. The exception for
family members is already provided by ex-
"The thereof the following new sentence: bers of the Senior Executive Service are not Ming law, but is consolidated here with
"The authorities available to the Secretary to be counted against the 5% limit on non- other exceptions , but for olidate reerenc
of State under this section with respect to career membership in the Senior Foreign to permit completion of a
the Department of State shall be available Service. Most senior career government offi- The assignment ts ole o f a
to the Director of the United States Infor- cials appointed to limited appointments in current o e efficiency the tended to assignment of promote
mation Agency and the Director of the the SFS, with reemployment rights to their greater current exception _ from
limited
viduals
appointments Cooled States International cy with respect Development
to their SES. In rare cases, however, it will be desir- It is expeectedgthat the need to use this au. -
respctive Agency able to appoint a non-SES career employee thority will arise rarely.
respective agencies.".
ctions accordingly. Section 3(c) of the Inspector General Act 309 and would consolidate in a single section
AMENDMENTS TO BASIC AUTHORITIES ACT of 1978 states that no Inspector General all exceptions to the 5 year limitation on
Title I of the State Department shall be considered to be an employee who the duration of limited appointments. Ex-
S.. 10
.,.,li-ic to he pursued by the _- -i.i...i in order to avoid inter-
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CONGRESSIONAL RECORD - SENATE S 5207
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AMENDMENTS TO TITLE 5, UNITED STATES CODE t,eana SP S limited supergrade appointment sn(for uexam nder 11. Sm. d Title 5 of the United States Code P 0_313, or a member of one of the parallel
is amended as follows:
(1) Section 5551(a). relating to lump-sum services to the SES. This amendment would
payment for accumulated and accrued leave exempt career government officials from
on separation, is amended by striking out their other career services- from being
"pay" In the second sentence and inserting counted against with etnonon-career rlc ding. This
in lieu thereof "basic pay". purpose of
(2) Section 5724a(a)(3). relating to travel the 1980 Act.
and transportation expenses of employees. Section is
is amended by striking out the period at the permanent the temporary provision in sea
end of the second sentence and inserting in lion 2403(c) of the 1980 Act that excludes
lieu thereof a semi-colon and "or. in the appointments made by the Secretary of
case of an employee moving from a post in a Commerce to the Senior Foreign Service
foreign area, the period of residence in tern- from the calculation and application of the
porary quarters may be extended for an ad- limitation of this section on limited appoint-
ditional period of 30 days less such period as merits. The amendment makes permanent
the employee has been compensated for by the limit of 10 on the number of members
allowance temporary of title . United States under Codesection serving in the Senior Foreign Service at any
connection w ttle the e, same move.". , in one time under limited appointment by the
(3) Section with 5924(4), relating to education Secretary of Commerce.
allowances, is amended as follows: This change is being sought by the De-
(A) In the introduction, immediately after pattment of Commerce because the October
"foreign areas", insert a comma and "or of- 1, 1985 expiration date in section 2403(c) of
ficial assignment to serve in such area or the Foreign Service Act of 1980 does not
areas,"allow for "phased hiring" during the period
(B) In paragraph (A), strike out "kinder- of transition from State deta(lees to FCS
garten" and insert in lieu thereof "pre-kin- personnel. Moreover, the Department needs
dergarten for handicapped children, kinder- flexibility indefinitely to competitively fill
a,ith available
ruption of a current assignment, Tor service
as a consular agent, for employment as a
family member, and for continued service as
a career candidate when a grievance is pend-
ing. Consular agents perform consular and
related services in locations where there are
no Foreign Service posts, and it is highly de-
sirable to retain their services for an Indefi-
nite period of time, if their performance is
satisfactory. They cannot be career mem-
bers of the Foreign Service, either because
they are foreign nationals, or because they
are available for service only in one locality.
Career candiates serving on limited appoint-
ments sometimes contest decisions not to
grant them career status before the expira-
tion of the maximum 5 year period for such
appointments. The amendment would clari-
fy the Department's authority to extend
the candidate's appointment in such a case,
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S 5208 WNGRESSIONAL RECORD - SENA E April 26, 1983
SECTION 4 (11: SALARIES FOR CHIEFS OF MISSION and lower are not.) This amendment would
(F.S. ACT SEC. 401 (a) an insure that individuals retained for this pur-
This amendment would make clear that pose are not eligible for promotion. If they
only those individuals appointed by the were allowed to compete for promotion,
President and confirmed by the Senate are then time-in-class rules would become mean-
Members of the Service assigned to perform SECTION 5121: LIMITED CAREER EXTENSIONS
the functions of a Chief of Mission, for ex- BELOW THE HIGHEST CLASS IN AN OCCUPA-
ample, as the head of a U.S. Interests Sec- TION/RETENTION AFTER EXPIRATION OF TIC
tion or as a charge d'affaires, would remain TO GAIN ELIGIBILITY FOR AN IMMEDIATE AN-
eligible for a salary differential under sec- NUITY (F.S. ACT SEC. 607(b) (1) AND
SECTION 4 (2): ELIGIBILITY FOR WITHIN GRADE Extensions (LCEs) when individuals have
SALARY INCREASES (F.S. ACT SEC. 406 (a11 attained the highest salary class for their
t i the Senior
n
Section 406 presently addresses three
points. First, it provides in subsection (a) a
schedule for regular within-class salary in-
creases for members of the Service. Second,
in the same subsection it provides for with-
holding Stich increases on the basis of selec-
tion board determination that performance.
while satisfactory, is at a level below that of
most members of the class. Finally, subsec-
tion (b) provides for additional increases for
meritorious service. Because of the differ-
ence between the Foreign Service perform-
ance evaluation cycle and the anniversary
dates of promoter into a class, it has been
difficult under the present language to rec-
oncile the regularly scheduled increases
with meritorious increases, on the one hand,
and, on the other, withholding of regular in-
creases on performance grounds. The
amendments would make each point the
subject of a separate subsection, so that, by
regulation, the actions may be keyed to one
another or independent as appropriate. Im-
plementing regulations would be consistent
with government-wide practice for the Civil
Service system. In addition, new subsection
(c) would make clear that either deferral or
withholding may be offered in case of mem-
bers on leave without pay or in part-time
employment and must be ordered in cases-
where selection boards determine perform-
ance is not up to the standard of the class.
SECTION 4 (3): PROVIDENT FUNDS FOR FOREIGN
NATIONAL EMPLOYEES (F.S. ACT SEC. 408)
amendment would require that there be at
least five years of marriage while one of the
partners was a participant in the Foreign
Service retirement system in order to quali-
fy for benefits as a former spouse under
that System.
When a family separation occurs and a di-
vorce is initiated while an employee is under
the Civil Service and the divorce is finalized
months or years later after the employee
has transferred to the Foreign Service,
there is no reason the former spouse should
benefit by the special Foreign Service provi-
sions.
The special provisions in the Foreign
Service retirement system for spouses and
former spouses are in recognition of difficul-
ty spouses of Foreign Service employees
have in building an independent economic
base caused by frequent moves and the pro-
hibitions of spousal employment abroad.
The proposed requirement that at least 5
years of the 10-year marriage requirement
must have occurred while the employee was
in the Foreign Service is a minimum re-
quirement. This change is consistent with
the proposed change of section 811 of the
Act to add to the requirements that a
member must meet to apply for voluntary
retirement, a requirement that the member
have completed It least 5 years in the For-
eign Service.
SECTION 6 (a) (2): REPAYMENT OF REFUNDS )F.S.
ACT SEC. 805 (d) (I) )
This amendment simplifies the calcula-
tion of the amount owing by a member for a
previous refund of contributions from the
Foreign Service Retirement and Disability
System (FSRDS) or from any other retire-
ment system for Government employees.
Such refunds must be repaid by a member
in order to obtain any credit for the prior
service. At present, amounts owing for such
refunds are determined by taking into ac-
count the differing contribution rates previ-
ously in effect under the FSRDS during the
perigd covered by the refund. This rate at
different times has been both higher and
lower than the corresponding rate in the
Civil Service Retirement and Disability
System (CSRDS). The proposed change
would adopt the current CSRDS formula
expressed in 5 U.S.C. 8334(d) under which
the amount owing is simply the amount of
the previous refund plus interest.
SECTION 6 (a) 19) (A): ELECTION OF SURVIVOR
ANNUITY (F.S. ACT SEC. 806 )b) (1) (C) )
This change would permit a member and
former spouse to elect by spousal agreement
a reduced survivor annuity. At present they
must elect either the maximum survivor an-
nuity or none. This change would also
permit such an agreement to be entered
into within 12 months after a divorce in the
event a divorce occurs after the member's
retirement. At present, such elections
cannot be made after retirement despite the
changed circumstances and desires of the
parties
SECTION 6 (a) (3) )B): MISSING PERSONS (F.S. ACT
SEC. 806(b) (11 )D))
This amendment deletes section
806(b)(1)(D) of the Act because it is encom-
passed by the broader treatment of the sub-
ject of missing spouses and former spouses
in new section 828 of the Act that would be
added by section 6(a)(12).
SECTIONS 6(a) (4) (A) AND 46) (a) (5) (A): AGE RE-
QUIREMENT FOR MINIMUM ANNUITY AND DIS-
ABILITY EXAMINATION )F.S. ACT SECS. BOB )a(
AND (b), 8o9 (e) )
Sections 808(a) and 809(e) of the Act fix
the minimum disability and survivor annu-
ity, respectively, for members who become
disabled or who die in service. The mini-
This amendment would clarify the Secre- mediate annuity. The two situations should
tary's authority to utilize provident funds in be treated the same. The amendments
countries where this is in accordance, with would conform the two cases, and follow the
local practice. A provident fund is used in existing practice, first legislated in 1946,
lieu of a life-certain annuity as a retirement that those separated involuntarily from
prov d ent fund in is many made up countries. the deposits pclass FS-1 or higher receive an immediate
ar
specified r ntg of an employee's of s annuity, while those separated involuntarily
a percentage from classes FS-2 and lower receive sever-
salary by the employer and the employee. ante pay.
Upon termination of employment for retire-
ment or other reasons, an employee receives SECTION 5 (41: JUDICIAL REVIEW W IN SEPARATION
the cumulative deposits plus interest as s FOR CAUSE 5)4) U CASES Q.S. ACT EPA 1 1
lump-sum, rather than being paid a periodic Section 1110 of the Act authorizes an ag-
annuity for life. grieved party in a grievance case to obtain
The existing statute clearly gives the Sec- judicial review of a final action of the Secre-
retary authority to establish provident tary or the Board. Section 610, which pro-
funds consistent with local pay practices for vides for separation for cause, specifically
the benefit of Foreign Service National em- applies only the hearing procedures of sec-
ployees. This amendment is necessary to tion 1108 to separation cases before the
permit the interest that accumulates in Board. Other provisions of Chapter 11 ap-
such trust funds to be paid out in subse- plicable to grievances may in general be ap-
quent -years to the beneficiaries. The plied to the extent appropriate to separa-
amendment restates the third sentence of tions by rule of the Board itself, but it takes
section 408(e) of the Act. Clause (B) is new a provision of law to have judicial review.
material, clause (A) is a restatement of ex- This amendment would apply the judicial
isting language. review provisions, now applicable to griev-
SECTION 5 (1) : INELIGIBILITY FOR PROMOTION ances, to separation for cause cases as well.
.+
AFTER EXPIRATION OF TIME-IN-CLASS (F.S. ACT SECTION 6 (a) (1): DEFINITION OF FORMER
SEC. 601 (b)) SPOUSE (F.S. ACT SEC. 804 (6) )
In certain cases, members of the Foreign The Act now requires only 10 years of
Service are allowed to remain beyond expi- marriage during any period of Federal Gov-
ration of their time-in-class, normally for ernment service. Thus an employee who has
humanitarian reasons to allow them to qual- a former spouse at time of transfer from
ify for an immediate annuity. (Individuals Civil Service to Foreign Service could be &f-
at the FS-1 level and higher are eligible for fected. even where the 10-years of marriage
such an annuity at expiration of time-in- do not include any period of time while the
class under section 609, but those at FS-2 participant was in the Foreign Service. This
occupation categories excep
Foreign Service, in which case ICES are
available at each class level. It is now clear
that such a restriction below the SFS level
could lead to undesirable separations
through expirations of time-in-class in cate-
gories where there are a very few positions
at the highest possible class, so that most
individuals could never expect to be promot-
ed. This amendment would permit the Sec-
retary to determine when this circumstance
exists, and to authorize by regulation use of
LCEs in classes below the most senior. The
second part of the amendment would pro-
vide new authority to the Secretary to
retain individuals below the FS-1 level for
more than one year after their TIC has ex-
pired, in order to allow them to qualify for
an immediate annuity.
SECTION 5(3) (A) AND (B): RETIREMENT BENE-
FITS/SEVERANCE PAY FOR INDIVIDUALS SEPA-
RATED FROM THE SERVICE AFTER EXPIRATION
OF TIC OR FAILURE TO HAVE A LIMITED CAREER
EXTENSION RENEWED (P.S. ACT SEC. 60918)
AND (b) )
These amendments modify the existing
language of section 609 to avoid an anomaly
which would otherwise be created by the
adoption of Section 5(2) above. Without
these amendments, an individual leaving
the service from FS-2 or below for expira-
tion of time-in-class would receive severance
pay, while one at the same levels leaving for
expiration of a limited career extension
without renewal would be entitled to an im-
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April 26, 1983 CG GRESSIONAL RECORD - SENATL S 5209
mums are currently based on assumed serv- nulty which is payable to a former spouse sided with a member at an unhealthful post,
ice to 65, or to a total of 20 years whichever provided the court finds that a substantial both before or after passage of the Act. This
is less. change in the economic circumstances of a is almost impossible to determine for peri-
These amendments would change the least one party has occurred. At present, ods prior to institution of the special reports
specified age to 60 instead of 65 to conform court orders affecting annuity payments now required. The change would simplify
with 5 U.S.C. 8339(g) and 8341(d). Issued more than 11 months following a di- administration of the Act without signifi-
Section 808(b) of the Act requires a dis- vorce are not valid. The proposed change is cantly affecting benefits.
ability annuitant whose disability has not consistent with the philosophy of the Act SECTION sea) (i1): COST OF LIVING ADJUST-
been declared permanent by the Office of which allows a court to set aside the "pro MENTS of ANNUITIES 4F.S. ACT SEC. 926
Medical Services to undergo an annual rata" division stated in section 814 of the (014 111
physical examination up to the age of 65. Act when individual circumstances so dic-
This This amendment would conform cost-of-
co conform
annu-
consequently change would reduce the age to 60 and tate. living aaeendmen in would
consequently reduce the number of such ex- secrioN k (a) (8) (A): REFUNDS OF ities vin with comparable oreign a Service nnu
aminations. This amendment would con- CONTRIBUTIONS (F.S. ACT SEC. 8151511 Service annuities under 5 U.S.C. 8340 as
form with 5 U.S.C. 8337(c). This amendment divides section 815(a) of amended by the Budget Acts of December 5.
SECTION 6(8114) (8): MINIMUM DISABILITY the Act into two paragraphs. New Para- 1980 and August 13, 1981 (P.L. 96489 and
ANNUITY )F.S. ACT SEC. 808 (811 graph (1) requires that members be separat- P.1. 97-35, respectively). The former Act
This amendment picks up an amendment ed from the Service for at least 31 consecu- ended the "look-back" computation and pro-
made by Executive order 12289 of February tive days and meet related requirements to vided for proration of the first adjustment.
14. 1981 and inserts it at the appropriate be eligible for a refund of their contribu- These changes were extended to the For-
place in the statute. The provision, which tions to the Fund. It conforms the FSRDS eign Service by Executive orders 12272 and
was made applicable to the Civil Service re- with the change made in CSRS by section 12289 of January 16. 1981 and February 14.
tirement system by section 404 of the Omni- 303(c) of the Omnibus Budget Reconcili- 1981, respectively, except it was not possible
bus Reconciliation Act of 1980, section 404 ? ation Act of 1982 as amended by section 3(f) to make the change applicable to former
excludes individuals who are receiving mili- of P.L. 97-346. spouses by Executive order.' This amend-
the would 1980 ment is necessary to accomplish the latter.
from retired pay or veterans' compensation New correct an paragraph (2) apparent of section oversight in 815(a)
from the guaranteed guaran nteed minimum disability an- Act by eliminating the right of a former This amendment also changes the proration
nutty provision which will continue to apply spouse who remarries prior to age 60 to a formula to conform with the change made
payment, 0st as by P.L 97-35 effective August 13. 1981 and
to individuals who receive military retired share of the l remarries
received in of combat mbat or caused causeservice-connected by an disabil in- - rights to an annuity are cut off in such cir- is made effective on the same date by see-
ities pay on amount
strumentality of war. cumstances. Also, this paragraph, coupled tion 6(b)(2).
SECTION 6 (8) 1121: MISSING PERSONS (F.S. ACT
with new section 815(1) of the Act to be SEC. 828P
SECTION 6(a) (5) (B). CORRECTION OF REFERENCE added by section 6(a)(8)(B), would provide a
eF.s. ACT SEC. 9oe eh1) spouse who so requests a pro rata share of This amendment would add a new section
This amendment would correct a refer- any refund of retirement contributions on 828 to the Act. It would expand current sec-
ence in section 809(h) of the Act. resignation, unless waived by a spousal tion 806(b)(1)(D) to cover additional types
SECTION 6 (a) (6): VOLUNTARY RETIREMENT (F.S. agreement, or a court ordered otherwise. It of elections when it is established that a
ACT SEC. 911) would provide a spouse the same right to spouse or former spouse is missing. It would
This amendment would require members share in the refunds on resignation of a also authorize payment of benefits other-
.to complete 5 years under the FSRDS Member as section $06(b) now provides with wise due to the-missing person to the par-
before becoming eligible for voluntary re- respect to a survivor annuity upon retire- ticipant, if alive, or to a spouse or other
tirement at age 50 after 20 years creditable ment of a Member. It would protect a former spouse. Section 806(b)(1)(D) of the
service. In the 1980 Act, a requirement was spouse in the event a member leaves the Act would be repealed by section 6(a)(3)(B).
imposed that a member have at least 5 years Service prior to divorce in order to avoid SECTION elb): EFFECTIVE DATES
of civilian service credit in order to retire payments to a former spouse required by Section 6(b)(1) exempts current members
voluntarily in order to prevent those with the Foreign Service Act. In the event a
extensive military service from entering the member has both a spouse and former from the application of the change in volun-
Service and retiring in less than 5 years. spouse when a refund becomes payable. Lary retirement made by section 6(a)(6) as is
This amendment will impose a comparable each would receive a pro rata share of 50% explained under that section.
requirement for those with extensive service of the refund, and the member would re- Section 6(b)(2) makes the changes in sec-
under CSRS. The change will be made ap- ceive the other 50 percent plus any balance tion 826(c) of the Act, which provides for
plicable only to those who enter the Service of the first 50 percent not included in a "pro prorating initial annuity adjustments, retro-
after enactment of the Act (see effective rata share." active to the date the formula was made ap-
date section 6(bXl)). The amendment will SECTION 6(91(80(B): DIVISION OF REFUNDS plicable to CSRS.
permit a member who wishes to retire WITH SPOUSES ON REQUEST (F.S. ACT SEC. SECTION 711): DESIGNATION OF INVESTIGATORS
before completing 5 years in the Foreign 815(j11 AND AUDITORS AS MANAGEMENT OFFICIALS FOR
Service Retirement and Disability System. This amendment is explained under sec- LABOR-MANAGEMENT PURPOSES (F.S. ACT SEC.
whose total Federal Service would entitle tion 6(aX8XA). 10024121)
SECTION 6 (a) (9): UNHEALTHFUL POST CREDIT- The current section designates as manage-
him/her to do so under the Civil Service re-
tirement system, to revert to the latter APPLICATION TO FORMER SPOUSES-I (F.S. Acr ment officials employees assigned to carry
system and receive an annuity thereunder. SEC. 416d) 42)) out the functions of the Inspector General
SECTION 6(&1(7) (A): EFFECTIVE DATE OF PEN- This amendment deletes current subpara- of the Foreign Service and the Department
SION TO FORMER SPOUSE (F.S. ACT SEC. graph (B) of section 816(1X2) of the Act of State as management officials. Through
814 (a) (3)1 which relates to unhealthful post credit. inadvertence, officials performing similar
The first change-insertion of the word The amendment is explained under section audit and investigatory functions in the
"or"-is purely technical to clarify the origi- 6(aXlO). other foreign affairs agencies were not in-
nal intent. The change of effective date of SECTION s (a) (101: UNHEALTHFUL POST eluded. Government-wide practice is to ex-
pension such officials from the bargaining
pension payments to a former spouse to CREDIT-APPLICATION TO FORMER SPOUSES- lud they have a special bargaining
first of month following divorce from first II (F.S. ACT SEC. 8171 tionship unit, sh offic grounds
responsibility to management.
occurs and woupro- ld This amendment would eliminate extra
reduuce ce p po in otentiaal l for h overpayments pay divorce
re service credit for assignments at unhealth- SECTION 7(21: COST SHARING FOR INSTITUTION-
vide consistency with the effective date for for fur posts granted to members not receiving GRIEVANCES (F.5. ACT SEC. 101419) (31)
changes in survivorship reductions the t. post differential or danger pay from compu- Under) section 1105(e) all expenses of the
It would 8elimand 814(b)(5)(A) of the Act. tations of the 10 years of creditable service Foreign Service Grievance Board are now the need It ouiv ea nuitte e o put to make when two during which a marriage must have endured paid out of funds appropriated to the De-
divorceive urs after y recomputations when a and from computations of the pro rata ' partment of State; this includes expenses of
mense occurs aretirement-one adjust- share benefit. This would mean that a mar- institutional grievances where a union par-
spouse provide pension the the riage must have endured during ten years of ticipates in bringing the grievance under
ponth sh and another adjustment the next actual service to qualify a former spouse for chapter 10 of the Act. This amendment
mon N adjust the reductio benefits and that benefits would be based would require cost-sharIng for these institu-
SECTION 818117) IS): COURT-ORDERED CHANGES on actual Government service. tional (but not individual) grievances to be
(F.S. ACT SEC. 814 (a1 14)) Currently, subparagraph (B) of section included in procedures negotiated by agency
This amendment would permit a court, Ir. 816(1X2). which would be repealed by sec- management and the exclusive representa-
respective of the date of divorce, to order a tion 6(a)(9), makes it necessary for the De- tives for resolution of implementation dis-
change in the percentage of a member's an- partment to determine whether a spouse re- putes relating to collective bargaining agree-
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S 5210 t,JNGRESSIONAL RECORD - SENA a si April 26, 1983
ments. Our estimate, assuming a presiding This amendment corrects a technical posed amendment would extend this au-
officer's fee of $300 per day plus travel and defect in the statute by making clear that thority to officers of AID and USIA in like
per diem, is that the average institutional A.I.D. Foreign Service employees, who were circumstances.
cAtctn ATtoN OF LUMP SUM
to grievance would have a cost of from $1500 of subject to A remain subject to heiselection- LEAVE PAYMENT UPON SEPARATION AS U.S.C.
to $3000.
SECTI ON 5 u): PROTECTION RIGHTS FOLLOW- out provisions of section 608 of the 1980 Act.
ING 5551)
Inclusion
MANDATORY ING MCONVERSION FROM FOREIGN SECTION 9: FOREIGN COMMERCIAL SERVICE of any post differentials or territorial allow-
SERVICE TO CIVIL SERVICE (F.D. ACT SEC. LIMIT ON NON-CAREER SFS APPOINTMENTS This anew for amendment hardship in would lump sum prohibit pay-
leave paY-
4104) (F.S. ACT SEC. 440310) 1
As enacted, the conversion provisions of Section 2403(C). a temporary provision of menu for employees who retire from a post
the Foreign Service Act expire on February the 1980 Act is being repealed. The limita- abroad rather than in the United States.
14, 1984 (July 1. 1984 for USIA). In a few tion contained therein is being made a per- The existing statute provides the possibility
limited cases, it Is now apparent that this manent provision and Is being included In of a windfall payment. which the, Inter-
will not be sufficient time to realign the per- section 305 of the act by section 3(1) of the Agency Committee on Allowances has rec-
ommended be eliminated. This amendment
sonnet organization of the several agencies, bill.
especially for groups of employees who were SECTION 10: AMENDMENTS OF DEPARTMENT OF would produce Government-Wide savings.
originally considered to be worldwide availa- STATE BASIC AUTHORITIES ACT The term "basic pay" is defined in 5 U.S.C.
ble and therefore appropriately remaining This section of the bill amends various 8331(31.
in the Foreign Service, but who subsequent, sections of the Basic Authorities Act (B.A. SECTION 114 2): HOME SERVICE TRANSFER
ly have been determined to be needed only Act) as explained below. ALLOWANCE 15 U.S.C. 6724aias11-
for employment at home. SECTION 10111 IA): AUTHORIZATION ?O EXPEND This amendment would permit flexibility
out the by Act mem- that FUNDS IB.A. ACT SEC. 2: 22 D.S.C. 2669/ with payment of lodging/subsistence upon
domestic Consistent c ito ns be carried of
bens o
bers of the e Civil l Service, this change would AS presently drafted, section 2 the B.A. an to he U.S. employee's At present transfer , up from to a 30 days foreign is au-
allow completion of realignment of our two Act requires that each appropriation Set ed at tforeign post prior to depar-
personnel -
personnel systems without loss of pay. contain language permitting use of aPPro- tor 3o days is post prior to in the authori status. or benefits by employees. The three priated funds for the purposes specified in ture and at the
to 0 here. The azed in the
after arrival
year period would expire 3 years after the section 2 such as provision for printing and t
date of enactment of this subsection, and binding, payment of tort claims under speci- would tw s it total flexibility the employee to
y pome a
would be consistent with the conversion fied limitations. etc. This amendment re- use up to of 60 days the in U.S- any a-
period allowed other convertees under the moves that requirement in order to avoid tion at the post and
circumstances
Act. The amendment would apply only to the possibility of inadvertent loss of neces- personal
individuals not previously eligible for con- sary authorities by dropping a few words ' EDUCATION ALLOWANCES AT
version from the Foreign Service, since they during the appropriation process. SECTION TIME of 11 15 (31): HANDICAPPED SHI T
were originally in the worldwide category SECTION 10(1) (B): EXPERTS AND CONSULTANTS TREE OF TRANSFER AT POST ,SECONDARY HAND EDUCATIONAL
after the effective date of the Act but prior (B.A. ACT SEC. 2 (9) 22 D.S.C. 2289 (g)) INSTITUTIONS 15 U.S.C. $924 (4) 1
shade be in that o e tccular .Thus. It As required by 5 U.S.C. 3109, an agency Together, these changes update and im-
would be in the domestic group. Thus, It must have special statutory authority to the education allowance system to
would not extend rho oriornal 3 year period hire prove
experts and consultants. At present the bring it into line with current circumstances
allowed for conversion for those originally Department does this by language in each and problems.
designated as domestic, particularly in the annual appropriation act. In order to avoid he fchange permits payment of edu-
ploy-
Department of State or USIA. The current loss of necessary authority by inadvertent The first stlchanges for its em
ildren plan is to apply the new authority only to dropping of the necessary words in the ap? ees being llowances f r newly assigned to or a
certain security officers in the Department propriation process, this amendment to 22 Foreign Service post with inadequate
of f State. U.S.C. 2669(g) would make the authority a schooling for the entire school year, even If
SECTION 8 (2): SELECTIONOUT AUTHORITY FOR permanent provision of law. In accordance the member of the Service does not depart
AID IF.s. ACT aECT. 2106 (e) (2)) with Government-wide practice, the amend- the United States until after the beginning
This is a technical amdendment Prior to ment would also authorize compensation up
ed States
the effective date of the Foreign Service Act to the top of GS-18, rather than GS-15, the of school year. (Gen theerally. United reverse
of 1980 the Department of State had a se- current maximum for this Department. situ . f f the the d~ the schoor year. can be managed. s ing if
lection-out procedure for Foreign Service of- sECr1oN 19(2): USE OF GOVERNMENT VEHICLES/ the member of the Service wishes his or her
ficers who failed to meet standards Of per- EXPENSES OF ARBITRATION (RJ. ACT SEC. 11: children to remain in their current schools
formance prescribed by regulation. Selec- 22 U.S.C. 2675) during the remainder of the semester-)
Lion-Out was not applicable to State's For- Both section 11 (22 U.S.C 2678) and 28 (22 The second amendment would permit edu-
authority for fo Staff orion-O ewa based State's U.S.C. 2700) of the B.A. Act provide essen- cational services to be provided for handi-
tion the t was based on 946. tially the same authority for a Chief of A is- capped children, beginning at age 3. P.I. 94-
Concurrently r of trently he A.I.D. had a Service selection-ofout 1pro- sion to authorize use of Government-owned 142, the "Education for All Handicapped
C s pro- vehicles for transporting employees and Children Act of 1975," generally requires
cedure to all A.I.D. applicableFSS , and with Foreign certain Service Re- exceptions,e- their families for reasons of safety or other states to offer public educational facilities
to all advantage to the Government. Section 28 for handicapped children from age three. It
sec on was enacted in 1980, making the older sec- seems desirable to amend 5 U.S.C. so that
serve (FSR) employees; however, A.I.D.'s
lection-out authority ws based on section tion 11 duplicative. This amendment re- overseas education allowance policy may be
ass(n) of the Foreign Assistance Act of 1961, places old section 11 with new material on consistent with U.S. public school education
as amended international arbitrations practice for handicapped children. Under
n-out which re- At present, the Department's authority to present law no allowance can be granted for
of 1980 aSc p both esibo 608 former the selctio Act
is applicable eU United States citizen use appropriated funds for the expenses of a handicapped or normal child under age 4
is applicable to the United States all te arbitration and other dispute resolution and who is not at least in a kindergarten
Foreign Service career members of all the proceedings under international agreements program.
foreign affairs asencles. and contracts requires inclusion of language The third amendment would permit post-
The intent was to limit adverse impact on in each annual appropriation act. This secondary educational travel for dependents
Service Staff Stwho status p in a career enactment amendment makes such authority a perma- not only for undergraduate colleage educa-
of the Foreign Service Act ce Arto of 1980 the (October nent provision of law to avoid the possibility tion, but also at other institutions such as
of the subject (Octo of inadvertent loss of necessary authority nursing. technical, vocational. music and
17. o lout. but ad who thus were were involuntarily t to madeade through dropping a few words in the appro- performing arts schools which are not con-
d
"members the (Foreign) Service" under made process. sidered colleges. This amendment is neces-
he 1 e1980 Act. t. achieve this result t1980 SECTION 10(3): ADDITIONAL PER DIEM FOR AID sary in order to provide the appropriate
ap- AND USIA EMPLOYEES (B.A. ACT SEC. 32. 22 kinds of post-secondary education for a
Act, in section 2106( exempted career the
po, a not been subject subj sec- U.S.C. 2704 wider Variety of chosen career fields for de-
in-
tion who had not on 633(a)(2) of the 1946 Act immediately Section 32 of the Department's Basic Au- pendent children. The term "educational
prior to February 15, 1981 from selection- thorities Act now provides for additional per stitution" in the text of the amendment Is
out for ten years. Unfortunately, a literal diem for 1) security officers required to ac- drawn from 38 U.S.C. 1701(a)(6) (Veterans
interpretation of the language of section company principals of the Department and Benefits). It is notplaanne~d to extend
n, as is
2106(e) could also exempt A.I.D. Foreign Foreign dignitaries and 2) other employees benefit during pO
Service employees who were not subject to who are required to spend extraordinary possible for Veterans. Accredited education-
section 633(a)(2). but instead were subject amounts of time in travel status, and who al institutions at which these benefits can
to the FAA counterpart, section 625(e). thereby incur additional expenses. The pro- be used will be determined by reference to
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 April 26, 1983
an established list, such as that developed
by the Veterans Administration or the De-
partment or Education. The list or lists to
be used will be specified by regulations
issued by the Secretary.
SECTION 12141: BURIAL EXPENSES FOR FOREIGN
SERVICE NATIONAL EMPLOYEES 45 U.S.C. 5944'
The existing provision provides for a $100
payment of burial expenses for FSN em-
ployees. At times. this is in conflict with
local practice and can give the appearance
that the United States Government does
not properly appreciate or value the contri-
butions of its foreign national employees. If
this section is repealed, the intention would
be to rely upon the authority contained in
section 408 of the Foreign Service Act of
1980. Local Compensation Plans, to develop
appropriate provisions for payment of
burial and last illness expenses where such
payment is in accordance with local practice
in specific countries.
UNITED STATES DEPARTMENT OF STATE.
Washington. D.C., April 15. 1983.
Hon. GEORGE BUSH.
President of the Senate.
DEAR MR. PRESIDENT: Enclosed for consid-
eration by the Congress is a draft bill to
amend the Foreign Service Act of 1980 and
other statutes affecting the Department, to-
gether with a section-by-section analysis
and a list of amendments.
The proposed amendments have been de-
veloped by the Department in cooperation
with other foreign affairs agencies. Many of
these proposed amendments reflect techni-
cal changes designed to clarify the 1980
statute and to improve its administration.
while a few are designed to correct inequi-
ties among various groups of employees af-
fected by the 1980 Act.
We estimate the overall cost of the draft
bill to the Department at $500,000 annually,
primarily for modifications in the home
service transfer allowance, in Section 11(2),
and changes in educational allowances, in
Section 11(3).
We would appreciate the early considera-
tion of these amendments by the Congress.
A similar letter is being sent to the Speaker
of the House.
We have been advised by the Office of
Management and Budget that there is no
objection from the standpoint of the Ad-
ministration's program to the submission of
the enclosed draft bill for the consideration
of the Congress.
With cordial regards,
Sincerely,
PowELL A. MooRE.
Assistant Secretary
for Congressional Relations.*
people irrespective of thei
place of ideas has enable
ing environment w
veloped by Pr
fective way
educational
our fine
would pr
ary schools. This measure would
b
u
I am introducing d
T
g
t c
qualifying family income f
out at b40,000. IInder
gap's proposal, famili
0
a
over $60,000 are
6
e
00
0
r
r
Mr. President, creditI am lower Mr. I
e
d
e
I
r
0
0
,,ec 00
b
5
a measure to Po- ~o $50,000 bec
0 0
-edits for pare 0 Important to rtan
t
F
secondary steints. families w
illes
the admini tration stances ma Lances ma
in ever respect support
4e cre parents Modera
pluralistic society.
amend th Internal amend "I
provide a
AND Q,
AND EQUrrY ACT OF
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CONGRESSIONAL RECORD - SENA IT
those in g eatest need. In this era of
budget r straint, it is important to
minimi any new drain on Federal
By
gr
goals.
For some American
purpose of education
dren.
Private edu
tart part in
history.
more
State
ortunities. These
ption
'come of less
e other tax-
tax dollars for
allies is an impor-
goal.
credit legislation de-
S 5'211
e should also stimulate cost-effective
vale systems. Monopolies tend to lose
By Mr. PRE ER:
S. 1138. A bill establish a shelter-
belt improvem t program. and for
other purpose , to the Committee on
Agriculture, utrition, and Forestry.
SHELTLRB
as through
uality control
ing the
1954 t these tax
be i g to phase
x cred for tuition; credits to E50,000, g
~n esident Rea-
with incomes
. NI eligible for the
the income limits
e I feel it is vitally
mil this proposal to.
e economic circum-
it the most difficult to
dual educational syste
income families should e
of our effort, since u er
families are more a e to
the cost of private a cation
erpetuation of a f9e'their children.
ition tax credits Another reason to lowe he income
sand flexibility in limit on the tuition to credit is to
ing individuals to limit Federal revenue expenditure to
YCT IMPROVEMENT ACT OF 1983
P ESSLER. Mr. President,
Mr.
today, yam introducing the Shelter-
belt of 1983. The legislation is sim-
ilar 10 a measure I originally proposed
in a House of Representatives and
an amendment to the
11 . 1981 farm
was
The amendment
the included in
Senate version of the farm bill,
but unfortunately, the provision was
deleted in the conference committee.
The only change is to allow the Secre-
tary of Agriculture to use surplus com-
modities to compensate farmers,
rather than using cash.
The Shelterbelt Act would romote
the preservation, restoratio improve-
ment, and establishmen of shelter-
belts to reduce wind er lop and pro-
vide numerous add opal benefits.
the current f commodity surplus-
es. Land plan d to tree shelterbelts
will penman tly take the land out of
productio d help control grain sur-
pluses. t the shelterbelts will help
to ma' lain the productivity of adja-
cen armland. -
elterbelts provide numerous ben-
ts, including protection for livestock,
crops, and wildlife, as well as copse e
energy. Many of our Nation's c ent
shelterbelts were establishe under
the planting programs of a 1930's
and need to be restor r replaced.
For example, in Sout akota, three-
fourths our shelt ells established
during this perio ave been destroyed
or are in despe to need of rehabilita-
tion. It is im rtant that current shel-
terbelts b aintained and new ones
establis d.
The helterbelt Act of 1983 would
pro de farmers with assistance es-
lish and maintain shelte ells,
ither with a payment in kin r with
a cash payment. The establ' ment of
shelterbelts is essential preserving
our Nation's agricultu productivity.
Topsoil losses due wind erosion in
recent years hav dramatically in-
creased. If this end is permitted to
continue, the oductivity of American
farmland decrease. A recent
USDA stud on soil erosion estimated
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