FOREIGN SERVICE ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000100100001-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 258
• Document Creation Date: December 21, 2016
• Document Release Date: October 28, 2008
• Sequence Number: 1
• Publication Date: May 15, 1980
• Content Type: REPORT

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96TH CONGRESS HOUSE OF REPRESENTATIVES REPr. 96-
2d Session j 992, Part 1
MAY 15, 1980.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. FASOELL, from the Committee on Foreign Affairs,
submitted the following
REPORT
[To accompany H.R. 6790 which on March 12,.1980, was referred jointly
to the Committee on Foreign Affairs and the Committee on Post Office
and Civil Service]
The Committee on Foreign Affairs to whom was referred the bill
(H.R. 6790) to promote the foreign policy of the United States by
strengthening and improving the Foreign Service of the United
States, and for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill as
amended do pass.
The amendments (stated in terms of the page and line numbers of
the introduced bill) are as follows :
(1) Page 101, line 21, strike out "60" and insert in lieu thereof "65";
page 102, line 1, strike out "60" and insert in lieu thereof "65"; in line
6, strike out "60" and insert in lieu thereof "65"; and in line 9, strike
out "60" and insert in lieu thereof "65."
(2) Page 221, beginning in line 22, strike out "In order to employ
such individuals as may be necessary to perform duties that reason-
ably require availability for worldwide assignment, the" and insert
in lieu thereof "The"; page 222, line 22, strike out "and" and insert in
lieu thereof a comma,;'and page. 223, line 2, immediately after "pre-
scribe" and before the period insert the following: ", and (iii) under
such regulations as the President may prescribe, individuals who are
to perform. duties of a more routine. nature than are generally iper-
formed by members of the Foreign Service assigned to the lowest
class of the Foreign Service Schedule may be appointed to an un-
enumerated class ranking below the lowest class of the Foreign Serv-
ice Schedule and be paid basic compensation at rates lower than those
of the lowest class, except, that such rates may be no less than the then
applicable minimum wage rate specified in section 6(a) (1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a) (1))".
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COMMITTEE ACTION
On June 26, 1979, the Secretary of State, Hon. Cyrus Vance, sent
to the Speaker of the House of Representatives Executive Communi-
cation 1884 which contained a draft bill to promote the foreign policy
of the United States by strengthening and improving the Foreign
Service of the United States, and for other purposes. This communi-
cation was jointly referred to the. Committees on Foreign Affairs and
on Post Office and Civil Service. On June 27, 1979, the chairman of
the Committee. on Foreign Affairs, Hon. Clement J. Zablocki, referred
it to the Subcommittee on International Operations.
On June 28, 1979, Hon. Dante B. Fasce.ll, chairman of the, subcom-
mittee, introduced the draft bill by request (H.R. 4674). The subcom-
mnittee held hearings on H.R. 4674 jointly with the. Subcommittee on
Civil Service of the Committee on Post Office and Civil Service on
June 21, 28, July 9, 11, 17, 18, 24, September 6, Ti, 11, 19, 20, 27, and
October 16, 1979. Testimony was received from a Member of Congress,
representatives of the Department, of State, the International Com-
munication Agency, the Agency for International Development, the
Peace Corps, the Office of Personnel Management, the American
Foreign Service Association, the American Federation of Govern-
ment Employees, and public witnesses.
The subcommittees held simultaneous markup sessions on H.R. 4674
on February 7, 12, 13, and March 5, 1980. On March 5, the subcommit-
tees reported a clean bill to promote the foreign policy of the United
States by strengthening and improving the Foreign Service of the
United States, which was introduced as H.R. 6790 on March 12, 1980,
by Hon. Dante B. Fascell and Hon. Patricia Schroeder, chairwoman
of the Subcommittee on Civil Service and cosponsored by Hon. John
Buchanan and Hon. Jiin Leach, ranking minority members of the sub-
committees. On March 13, the Committee on Foreign Affairs held
an open markup of H.R. 6790 and reported the bill by voice vote with
two amendments.
The first amendment raises the mandatory retirement age for the
Foreign Service to 65 from the present 60. The second amendment
eliminates language in section 2202 which would have imposed a dual
personnel system on the Peace Corps and would have granted career
status to certain personnel in a noncareer agency.
The principal purpose of H.R. 6790 is to strengthen and improve
the Foreign Service of the United States by reorganizing and con-
solidating the components of the Foreign Service which exist in six
executive depratinents and agencies (the Department of State, the
International Communication Agency, the Agency for International
Development, the Peace Corps, the Arms Control and Disarmament
Agency, and the Department of Commerce) under one law governing
Foreign Service operations and personnel administration, thereby
making more uniform the statutory terms and conditions of Foreign
Service employment. The bill also adds the Department of Agricul-
ture to the list of agencies authorized to utilize the Foreign Service
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personnel system. The legislation simplifies the personnel categories
in the Foreign Service, emphasis and reaffirms the Foreign Service
requirement of availability for worldwide service, provides for com-
parability in pay between the Foreign Service and the civil service,
as well as a single Foreign Service salary schedule, and establishes a
Senior Foreign Service with rigorous entry, promotion, and retention
standards based on performance, including performance pay for out-
standing service.
This legislation is the product of 3 years of study within the execu-
tive branch, and an additional year of careful examination and delib-
eration by the Congress. It take fully into account the pattern and di-
rection of civil service operations as expressed in the Civil Service
Reform Act of 1978 (Public Law 95-454) in order to insure that the
civil service component of the foreign affairs agencies serving the
United States will operate harmoniously with the Foreign Service
component which serves both at home and abroad. The legislation ex-
presses anew the uniqueness of the Foreign Service in the Federal
system, and the need for a higly trained, professional, career Foreign
Service which will provide the qualified people needed to assist the
President, the Secretary of State, and the agencies concerned in the
formulation and conduct of U.S. foreign policy in response to the com-
plex challenges of modern diplomacy and international relations.
The need for a body of career personnel with expertise and ex-
perience in international affairs has led almost all governments to
create a special organization and personnel system for the conduct of
foreign policy and the maintenance of diplomatic relations with other
governments. The uniqueness of the Foreign Service is expressed by
the requirement that individual members be available for service
worldwide throughout their careers. It is a disciplined, professional
Service based on a rank-in-person system similar to that followed
by the military. In that system, rank and promotions attach to the in-
dividual, not to the position as in the civil service system. Therefore,
promotions and assignment are separate occurrences in the rank-in-
person system. This reflects the fundamentally different conditions of
service between the civil service and the Foreign Service, particularly
the need for frequent rotation from position to position. In contrast,
domestic civil service employees often stay in the same positions for
extended periods, which makes the rank-in-position concept more de-
sirable. Personnel of other civilian agencies who serve overseas usually
do so on a voluntary short-term basis. Furthermore, the conduct of
foreign policy differs in substance and form from almost all other
aspects of Federal policies and programs, thus, requiring specialized
assistance and advice for the President and the Secretary of State.
Such advice and assistance depends on a specially organized and
trained professional body of people aware of the Nation's interests,
representative of its citizenry, while possessing an intimate knowledge
of foreign cultures, languages, and political and economic systems,
who are capable of accurate reporting and intricate analyses of other
governments' policies and intentions, and experienced in the practice
of diplomatic and consular activities. Representing the United States
abroad requires a willingness to accept obligations different in nature
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and more extensive from the standpoint of personal and family con-
siderations than in other Federal civilian service. This includes the
acceptance of worldwide assigmnent, with perhaps a dozen different
assignments of 2 years or more during a typical career, and the accept-
ance of risks attendant upon livin? in locations of physical and psy-
chological hardship or possible physical danger in areas with high
rates of disease, crime. or terrorist activity.
The Foreign Service was not always characterized by such regorous
requirements. Its early history reflected the rather "second fiddle"
character of U.S. foreign policy during the early years of the Republic.
The adoption of the Constitution in 1789 provided a new legal basis
for the Foreign Service. The Constitution placed the responsibility for
the conduct of foreign affairs in the President, subject to certain
powers reserved to the Congress. The President alone represents the
United States in its relations with other nations. The President's repre-
sentational functions are executed, through his Secretary of State and
his ambassadors, by the members of the Foreign Service.
A Department of Foreign Affairs was established as an executive
department by the act of July 12, 1789. The Department was redesig-
nated as the Department of State by an act approved by the President
on September 15, 17 89. The duties of the Secretary of State since the
establishment of the Department have been described in terms of func-
tions which might be assigned by the President to be performed in
such manner as the President might instruct.
Appointments to the diplomatic and consular services during the
19th century were largely determined by political considerations. Al-
though organic legislation to provide a basic regulatory framework
for the American diplomatic and consular establishment was enacted-
particularly the acts of March 1, 1855 and August 18, 1856-the diplo-
matic and consular services were not generally regarded as offering
career opportunities. In the last quarter of the 19th century a growing
movement of reform of the "spoils system" led to various proposals
for the establishment of both the diplomatic and consular branches of
the Foreign Service on a merit basis. However, legislation toward this
end was not to be enacted until 1915.
The Civil Service Act of 1883, which established the merit system in
other departments and agencies of the Federal Government did not
cover the diplomatic and consular services. Section 7 of that act specifi-
cally exempted "any person who has been nominated for confirmation
by the Senate." All diplomatic and consular personnel were so ap-
pointed. The clerical staffs authorized in various legations and con-
sulates were hired personally by the diplomatic or consular officers
there resident, from allowances when appropriations were made for
the purpose, and from personal funds in other years.
Executive actions encouraging careers in the diplomatic and consular
corps were undertaken in Executive orders of 1895. 1905, and 1906.
providing for appointments on a merit basis following examination.
This Executive action was reinforced by the Consular Reorganization
Act of 1906, which established seven classes for consular officers and
placed all such officers on a salary rather than a fee remuneration basis.
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The act did not provide for consular appointments and promotions on
a merit basis. However, this omission was remedied by Executive order.
The initial legislative basis for a career Foreign Service was pro-
vided in the act of February 5, 1915, which made provision for the
appointment of diplomatic and consular officers by class and authorized
their transfer "from one post to another by order of the President as
the interests of the Service may require," thus permitting far greater
flexibility than had existed to that time. Equally important, the act
provided for promotions on a merit basis within a framework of 5
classes of diplomatic secretaries, 5 classes of consuls general and 10
classes of consuls.
A number of defects remained in the Foreign Service after the en-
actment of the 1915 legislation. The chief among these was the lack
of service interchange between diplomatic and consular positions.
Moreover, the expanded interests of the United States in world affairs
at the close of World War I demonstrated the inadequacies of the
available personnel machinery to fill existing needs.
Reorganization of the Foreign Service was proposed in numerous
bills during the period from 1919 until 1924. Finally on May 24, 1924.
with the approval of the Rogers Act, a unified Foreign Service was
established as a permanent career service with merit alone to serve as
the basis for appointment and promotion.
The most important feature of the 1924 legislation was the amal-
gamation of the former diplomatic and consular services into a unified
Foreign Service. In addition, that act prescribed specific and detailed
personnel and management authorities entirely different front those
applying to other civilian Government personnel. The act also estab-
lished for the first time a retirement system for the Foreign Service.
The Foreign Service retirement and disability system was created as a
separate system from any other Federal retirement plan and was ad-
ministered by the Secretary of State. Among the plan's distinctive fea-
tures was additional service credit for periods spent at posts classified
as unhealthful. The act also provided for home leave at Government
expense.
A number of changes in the Rogers Act were made in 1931. In 1939,
the Foreign Services of the Agriculture and Commerce Departments
were incorporated into the regular Foreign Service by a reorganiza-
tion plan. Subsequent legislation again separated the services.
At the close of World War IT, it was again apparent that an ex-
panded role for the United States in world affairs imposed a need for
reorganization of the Foreign Service. This was achieved by the en--
a ctment of the Foreign Service Act of 1946 which, as amended, re-
mains the basic organic legislative authority for the Foreign Service
today.
The Foreign Service Act of 1946 was the last comprehensive revision
of Foreign Service legislation. While much of the basic structure of
the Foreign Service is preserved as codified in that law, the present
study has shown that revisions are necessary after 34 years to clarify
certain objectives and to restructure certain elements of the Foreign
Service generally to enable the Service to meet the complex challenges
of diplomacy today and in the decades to come.
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In 1946, the United States maintained relations with 71 nations and
international organizations played only a limited role in international
affairs. Currently, the United States maintains relations with 144 na-
tions and participates in approximately 46 international organizations.
The Department of State and the other foreign affairs agencies pro-
vide the foreign policy personnel (about 20 percent of the total Amer-
ican civilian presence overseas) who staff 283 posts overseas. In 1946,
there were 4,285 Foreign Service officers and staff. Today, there are
9,030 Foreign Service officers and staff. The United States is conduct-
ing its foreign relations today with almost the same number of Foreign ti-
Service members it had in 1959, when the United States maintained
relations with only 85 nations.
The problems of inflation and dwindling resources produce grave
problems for the conduct of U.S. foreign policy in an era of increas-
ingly complex challenges. While the Department of State is the senior
department of government, it has the smallest budget of any of the
Cabinet departments. Since 1967, when the Department of State had
a personnel level of 18,623, there has been an 8.4-percent decrease in
personnel, while larger executive departments have increased their
personnel numbers, in some instances by as much as 44 percent.
The challenges to the Foreign Service have increased in direct pro-
portion to the foreign policy challenges to the United States. The For-
eign Service which served under the first U.S. Secretary of State,
Thomas Jefferson, was composed of a small group of independently
wealthy individuals. They served the United States at a time when
domestic concerns were all-consuming. Indeed, President George
Washington left office counseling his countrymen to avoid "entangling
alliances" with foreign nations. Two hundred years later, interdepen-
dence among nations is the order of the day and foreign policy issues
routinely, pervasively, and directly affect U.S. domestic problems. No
longer is it possible or desirable to depend on a small privileged group
to provide the expertise necessary in the foreign policy arena. Today's
Foreign Service must be "elite" in other ways : Elite in its profes-
sionalism, its discipline and its training, and representative of the best
from all walks of American life, without discrimination because of
wealth, sex, race, national origin, religion, marital status, age, or han-
dicapping condition.
Today's Foreign Service must also be willing to accept burdens and
risks unknown to their predecessors. Possessing one of the highest.
standards of living in the world, the United States produces people
accustomed to a way of life not found in many places outside this
country. Therefore, members of the Foreign Service must routinely
deal with problems of inadequate housing, caused not only by scarce
resources, but also by an inflation rate which is often more than double
that in the United States and which in some capital cities makes boos-
ing and other costs inordinately expensive. Added to this are condi-
tions which exist at some 125 posts in the Foreign Service which cause
them to be termed "hardship posts" by virtue of climate, isolation, con-
finement, danger, and lack of educational, cultural, or recreational
facilities. Fully 46 of 48 African posts, for example, are designated as
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hardship posts, thereby entitling individuals serving there to a hard-
ship differential payment of up to 25 ,percent of base salary. High heat
and humidity, a hostile natural environment, unsanitary conditions,
tropical diseases such as malaria, hepatitis, cholera, and meningitis are
endemic to many of these posts. Inadequate hospitals, a shortage of
doctors or nurses, and few flights in and out of the capital city, which
are necessary in cases of medical emergency, combine to present con-
siderable health hazards to individuals serving at these posts. The iso-
lation at these posts is compounded by a lack of indigenous cultural
attractions. Often because of government import restrictions, food
production shortages, or the lack of foreign exchange, food is scarce
and luxury goods are nonexistent. The shortage of adequate schools
also adds to these hardships. The result in some situations is separa-
tion of the family, with the spouse and children staying in the United
States.
In Eastern Europe, the strict authoritarian governments create an
oppressive psychological atmosphere. The cities are sometimes drab
and isolated geographically from Western culture. It is difficult to
make informal contacts with the citizenry due to government restric-
tions and an often indigenous atmosphere of suspicion or fear.
Analogous conditions are found at posts in the Middle East, Latin
America, and Asia. Conditions which may be novel, instructive, or only
mildly irritating to the casual tourist can become overwhelming ob-
stacles to those serving for several years at these posts.
Added to these environmental burdens is a new fact of Foreign Serv-
ice life-terrorist activity in the form of kidnapings, assassinations,
and bombings of embassy buildings. In the past 12 years, the United
States has lost five ambassadors and five Foreign Service officers killed
by terrorists. This report is being written immediately following the
release of 32 hostages, 1 of whom was the U.S. Ambassador, after 2
months of captivity in Bogota, Colombia, and while 53 Americans are
still being held hostage in Iran after 6 months.
Families of Foreign Service members share all these burdens and
dangers plus a few more. Education facilities, even when American
schools are available, are often poor or inadequate. As a result, For-
eign Service children have trouble competing with other American
students when they return to attend high school or college in the
TTnited States. Spouses of Foreign Service members, more often than
not, are prohibited by local laws from holding jobs in foreign coun-
tries, which means that the phenomenon of the two-paycheck family,
now the rule rather than the except.ion in the United States, is not and
cannot be duulicated in the Foreign Service. Either a spouse must
accept a relatively low-skilled job, if available, at a U.S. post, or the
spouse does not work.
Taken together, these dangers and hardships have created great
psychological problems and an increasing-divorce rate for the Foreign
Service. These problems cannot be ignored if the TTnited States is to
maintain a highly motivated and well-functioning Foreign Service.
Most of the problems can be solved only by an increase in financial re-
sources and new legislative provisions. This legislation attempts to
address some of these problems.
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8
SECTION-BY-SECTION ANALYSIS
Section 1-Short title
This act may be cited as the "Foreign Service Act of 1980."
Section 2-Table of contents
This section provides a table of contents 'setting forth the chapters
and sections contained in the two titles of the bill. Title I sets forth
the basic structure and the statutory terms and conditions for Foreign
Service employment. Title II provides the necessary transition au-
thorities, conforming amendments, and repeals of other laws.
TITLE I-THE FOREIGN SERVICE OF THE UNITED STATES
Chapter 1-General Provisions
Section 101-Findings and objectives
This section sets forth congressional 'findings concerning the
Foreign Service of the United States and its role in the formulation
and implementation of foreign policy. Specifically, section 101(a) (1)
emphasizes that a career Foreign Service, characterized by excellence
and professionalism, is essential to assist the President and the Secre-
tary of State. Section 101 (a) (2) stresses the need for a professional
Foreign Service that will provide the resources necessary to serve the
foreign affairs interests of the United States in an integrated fashion
and to assist the President, the Secretary of State, and the agencies
concerned with foreign affairs in the formulation and conduct of U.S.
foreign policy.
Furthermore, section 101 (a) (3) states that the Foreign Service, as
established by the acts of 1924 and 1946, must be preserved as a sep-
a,ra.te entity and strengthened and improved to carry out its mission
effectively. This legislation, therefore, builds on the foundation estab-
lished by those earlier laws.
Section 101 (a) (4) reemphasizes and strengthens provisions in the
1946 act by articulating the continuing need for the members of the
Foreign Service to be representative of the American people, aware of
U.S. history and informed of current concerns and trends in American
life, as well as being knowledgeable of the affairs, cultures, and
languages of other countries, and available to serve in assignments
throughout the world. At the same time, it is made clear by section
101(a) (5) that the Foreign Service should be operated on the basis
of merit principles.
The committee notes that these requirements are fundamental to the
character and operation of the Foreign Service. In order to be truly
representative of the American people at their best, the Foreign Serv-
ice must be recruited, trained, and promoted without discrimination
on the grounds of race, religion, sex, national origin, marital status,
age, or handicapping condition. In order to insure a Foreign Service
knowledgeable about U.S. history and current events, as well as of
foreign languages and cultures, recruitment and examination pro-
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grams must be strengthened and improved regularly to insure the
highest caliber of people.
Finally, availability for worldwide assignment must be clearly ex-
pressed and understood as a basic requirement for admission to the
Foreign Service as well as for retention and promotion in the Foreign
Service throughout the individual's career. One of the basic problems
giving rise to this new legislation is the atrophy of this fundamental
requirement. More than half of the individuals between ages 50 and 60
who are serving today in the Foreign Service are not available for
worldwide service. The result has been a concentration of such indivi-
duals in Europe and Washington and the inability of the foreign
affairs agencies to insure adequate staffing of the more difficult posts
overseas. While the committee does not expect, and would not condone,
an absolute and universal insistence on "worldwide availability," the
committee does expect that the concept will be carefully defined and
interpreted so as to preserve both the individual concerns and needs
of members of the Foreign Service as well as the needs of the foreign
affairs agencies for effective staffing patterns overseas. For example,
the committee believes that non-service-related medical problems or
a flat refusal to serve in certain regions of the world, without justifiable
reason, might constitute grounds for dismissal under this requirement.
The concern over balancing the interests of both the individual officer
and the agency's needs should not, however, result in a system where
individuals are free to pick and choose assignments, without regard to
the agency's overall staffing needs, and then may still claim that they
are "worldwide available."
Section 101(b) states the objectives of the act, which are derived
in part from the 1946 act, and are expressed broadly as an intention to
strengthen and improve the Foreign Service of the United States. This
is to be accomplished, in accordance with merit principles, by admis-
sion into the Service through impartial and rigorous examination,
acquisition of career status only by those who have demonstrated their
fitness through successful completion of probationary assignments,
effective career development, advancement and retention of the ablest,
and separation of those who do not meet the requisite standards of
performance. This reflects the "up or out" character of the Foreign
Service, which the committee reaffirms as a fundamental basis of
operation for the Foreign Service. Those who seek a dynamic and
demanding career should find the Foreign Service desirable. Those
who seek security and predictability should be aware that these are not
the hallmarks of the Foreign Service.
The finding that the Foreign Service should be operated on the basis
of merit principles is new to the Foreign Service Act, although the
legal requirement is not. This finding reflects; the sense of other laws
promoting equal employment opportunity and prohibiting discrimina-
tion. Specifically, merit principles, as defined in section 102(8) of this
legislation, are set out in the Civil Service Reform Act (5 U.S.C.
2301.) and are made explicitly applicable to the Foreign Service by the
bill. These merit principles apply, for example, to recruitment, ap-
ppointments, assignments, promotions, and training in the Foreign
Service.
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This section contemplates the maintenance and expansion of an
active and effective equal employment opportunity program for the
Foreign Service in which special emphasis is given to employment
and advancement opportunities for women and members of minority
groups. The bill does not create a new or separate body of substantive
law in this area, but directs the vigorous implementation of legisla-
tion currently applicable to the Foreign Service, such as title VII of
the 'Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), sections 12 and
15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C.
631, 633a), sections 501 and 505 of the Rehabilitation Act of 1973 (29
U.S.C. 791, 794a), title I of the Civil Service Reform. Act of 1978 (5
U.S.C. 2301, 2302), and section 6(d) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 (d) ).
In order to produce a dynamic Foreign Service, the ,management of
the Service must attain the objective expressed in subsection (b) (2) of
fostering the development and vigorous implementation of policies
and procedures, including affirmative action programs, which will
facilitate and encourage equality of opportunity in entry into and
advancement within the Foreign Service. This objective complements
the finding that the Foreign Service should be representative of the
American people.
Section 101(b) (3) states the objective of simplifying and rational-
izing the Foreign Service personnel categories and salary structure to
eliminate inefficiencies and inequities which have resulted from the
overlapping of personnel categories and pay schedules. Toward this
end, the bill eliminates the anomalous "domestic" Foreign Service
category which has in the past weakened severely the requirement of
availability for worldwide service. One Foreign Service salary sched-
ule results from the elimination of the separate schedules heretofore
provided for the various personnel categories. Moreover, distinctions
between the existing Officer Corps and the Staff Corps are minimized.
Instead of using two different titles, as has been past practice, the bill
now refers to members of the Service generally. Both groups of em-
ployees perform functions vital to the formulation and conduct of U.S.
foreign policy. Both groups accept the same burdens and take the
same risks inherent in overseas service. Therefore, both should serve
under substantially the same conditions of emplment and should
share equally in the rewards of Foreign Service life.'
. Section 1.01 (b) (4) states that the bill will establish a statutory basis
for labor-management relations in the Foreign Service. These have
formerly been governed by Executive Order 11636 of December 17,
1971 (36 FR 24901). They will now be governed by chapter 10 of
Title I of this bill, which is derived in part . from the Executive order
and in part from chapter 71 of title 5, TTnited States Code, which
governs civil service practice. This section also reaffirms the system for
the resolution of individual. grievances originally established under
sections 691-694 of the Foreign Service Act of 1946, and which is now
codified in chapter 11 of title I of this bill, together with certain
improvements.
Section 101(b) (5) states the vital objectives of minimizing the im-
pact of the hardships and burdens of overseas service upon members
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of the Foreign Service, and mitigating the special impact of those
conditions upon their families. The committee recognizes that the
unique requirements of the Foreign Service affect both the members
of the Service and their families. The ability of family members to
grow and develop as individuals is sometimes severely circumscribed
when they must either follow a member of the Service from post to
post, or suffer the pain of separation. Indeed, until 1972, wives (but
not husbands) of Foreign Service officers were viewed as partners in
the foreign policy effort, though unpaid and unrewarded, and were
evaluated with their husbands when the officer was due for promotion.
The fortunate demise of this discriminatory requirement has forced
the Foreign Service and the foreign affairs agencies to reevaluate the
status of Foreign Service families. This bill reflects the committee's
strong view that the Government has a particular obligation to mem-
bers of the Foreign Service and their families to minimize the hard-
ships and burdens they face because of the unique demands placed
upon them by Government service.
Section 101(b) (6), drawn from section 111(7) of the 1946 act,
states the additional objective of providing compensation which will
attract and retain qualified personnel, together with a system of in-
centive payments and awards to encourage and reward outstanding
performance. Compensation for the Foreign Service must take into
account the conditions of overseas service referred to in section
101(b) (5).
Section 101(b) (7) states the objective of establishing a Senior For-
eign Service to provide a highly qualified corps of senior officers who
together possess outstanding executive leadership qualities, strong
policy formulation capabilities, and highly developed functional and
area expertise. While no single officer will necessarily possess all these
qualities, they should all be reflected in the composition of the Senior
Foreign Service. This section not only describes the kinds of talents
the committee expects to be reflected in the Senior Foreign Service as a
whole, but also suggests the necessary areas of training to which mem-
bers of the Foreign Service must be exposed, through the mechanism
of effective career development patterns, to prepare for entry into the
Senior Foreign Service. The responsibility lies both with the individ-
ual officer, to seek the necessary training and experience, and with the
agency, which must develop the means through which officers can de-
velop these skills. The structure of the Senior Foreign Service is pat-
terned after its civil service analog, the Senior Executive Service,
which is defined in title Vof the U.S. Code.
Section 101(b) (8) follow section 111(8) of the 1946 act in stating
the objective of improving managerial flexibility and effectiveness. The
committee's intent is to strike a rational balance between the need for
managerial flexibility and for protection of the individual in the
Foreign Service.
Section 101(b) (9) states as an objective the promotion of maximum
compatibility among the agencies authorized by law to utilize the For-
eign Service' personnel system, as well as compatibility between that
system and other Federal personnel systems. The committee discussed,
and rejected for practical reasons, the concept of complete uniformity
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among the agencies utilizing the Foreign Service or a legislated re-
quirement at this time for a single Senior Foreign Service crossing
agency lines.
While at one time the Foreign Service was completely contained
within the Department of State as the primary foreign affairs agency,
the situation has altered over the years. Today, Foreign Service per-
sonnel are found not only in the Department of State, but also in the
International Communication Agency, the Agency for International
Development, the Peace Corps, the Arms Control and Disarmament
Agency, and the Department of Commerce. While the different areas
of foreign policy expertise demand different kinds of specialized
training, the fundamental skills required of Foreign Service person
nel remain the same regardless of agency. The Secretary of State, who
is directly responsible to the President for the conduct of foreign
policy, must see to it that the activities of all the foreign affairs agen-
cies are coordinated so that no separate unit in any foreign affairs
agency takes action to contravene the agreed policies of the United
States. The concept of compatibility squares with the current practice
of consultation among the heads of foreign affairs agencies and the
committee expects that this consultation will continue and expand,
thereby leading to that maximum compatibility which is a. major ob-
jective of this bill. The individual authorities of each agency head
over the personnel and operations of the agency remain intact.
Section 101(b) (10) restates the general objective of enabling the
Foreign Service to serve effectively the interests of the United States
and providing the highest caliber of representation in the conduct of
foreign affairs.
Section 102-Definitions
Section 102 defines the key terms used in the bill. Many of the defini-
tions are substantially the same as those contained in section 121 of
the 1946 act, but in some cases have been clarified or updated. The
definitions in this section do not apply to chapters 2 and 3 of title II
of this bill which contain technical and conforming amendments to
other laws.
The term "Foreign Service, post," which appears in the bill, is not
defined because the determination of what constitutes a. Foreign Serv-
ice post is a matter for the President and the Secretary of State. The
members and kinds of Foreign Service posts change over time. In
1946, for example, an entity such as the Sinai Support Mission, which
is a Foreign Service post, was unknown. The committee believes that
such flexibility is desirable and that there is consequently no need to
define this term.
Section 102(a) (1) follows section 121(7) of the 1946 act. in defining
"abroad" to include all areas not within the United States, which
term is defined in section 102 (a) (12).
"Agency" is defined by section 102(a) (2) to be an agency as defined
in 5 U.S.C. 552(e), which excludes the Congress, the Federal courts,
the governments of U.S. territories and possessions, and the govern-
ment of the District of Columbia. However, it does include -Govern-
ment corporations, independent agencies, and all executive branch
establishments, including the Executive Office of the President.. The
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scope of the term is essentially the same as under section 121(4) of
the 1946 act.
Section 102 (a) (3) defines "chief of mission" as any principal officer
in charge of a diplomatic mission or of an office designated by the Sec-
retary of State as diplomatic in nature, including an officer who is
temporarily in charge of such a mission or office. This definition is sub-
stantially the same as under section 121(9) of the 1946 act.
Section 102(a) (4) follows section 121(3) of the 1946 act in using
"Department" to mean the Department of State. However, in. this bill,
references to the Department also include other agencies authorized
to use the Foreign Service personnel system; that is, the International
Communication Agency, the Agency for International Development,
the Peace Corps, the Arms Control and Disarmament Agency, and the
Departments of Commerce and Agriculture.
Section 102(a) (,5) defines "employee" to include both civilian and
uniformed personnel of the U.S. Government. A different definition
of "employee" which is limited to members and former members of
the Service is set out in section 1002 (8) for application only in chap-
ter 10 of title I of the bill relating to labor-management relations.
Section 102 (a) (6) defines "function" to include any duty, obliga-
tion, power, authority, responsibility, right, privilege, discretion, or
activity. This subsection, which has no parallel in the 1946 act, is added
to avoid the need for repetitious use of terms throughout the bill.
Section 102 (a) (7) defines "Government" as the Government of the
United States of America. This subsection is a verbatim duplication
of section 121(5) of the 1946 act.
Section 102(a) (8) defines "merit principles" as those principles set
forth in .5 U.S.C. 2301(b), enacted as part of the Civil Service Reform
Act of 1978. Among the principles set forth in 5 U.S.C. 2301 are the
following : (1) Recruitment should be from qualified individuals, and
selection and advancement should be determined solely on the basis
of relative ability, knowledge, and skills, after fair and open competi-
tion which assures that all receive equal opportunity; (2) discrimina-
tion on the basis of race, sex, age, religion, national origin, marital
status, or handicapping conditions should be prohibited ; (3) equal
pay should be provided for equal work, with appropriate incentives
and recognition awarded for excellent performance; (4) retention and
separation should be based on performance; and (5) employees should
be provided effective education and training where this would result
in better organizational and individual performance.
Section 102(a) (9) defines "principal officer" as the officer in charge
of diplomatic mission, or a consular or other post of the Foreign
Service other than a consular agency. While its scope is essentially the
same as that of section 121(8) of the 1946 act, this term now also in-
cludes special purpose posts, such as the Sinai Support Mission, which
were not contemplated by the 1946 act.
Section 102(a) (10) follows section 121(2) of the 1946 act in defin-
ing "Secretary" to mean the Secretary of State and adds that "Secre-
tary" includes the heads of other agencies authorized to use the For-
ei?n Service personnel system except with respect to exclusive func-
tions of the Secretary of State. Similarly, in this report, the term
"Secretary" unless otherwise indicated, includes the heads of all agen-
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ties utilizing the personnel authorities in the bill. The term "Secretary
of State" thus refers only to the Secretary of State both because the
Secretary of State is the "first among equals" and for ease of
reference.
Section 102 (a) (11) defines "Service" and "Foreign Service" as the
Foreign Service of the United States. This duplicates section 121 (1)
of the 1946 act.
Section 102(a) (12) defines "United States," when used in a geo-
graphic sense, as the several States and the District of Columbia. This
definition follows the definition of "continental United States" in the
1946 act with the obsolete term "continental" omitted.
Section 102(b) specifically provides that references in this legisla-
tion or in any other law to "Foreign Service officers" shall, with re-
spect to the International Communication Agency, be deemed to refer
to Foreign Service information officers. This category of personnel
was created by Public Law 90-494, 82 Stat. 810 (August 20, 1968),
which is repealed by this bill.
Section 103-Members of the Service
Section 103 lists the categories of the members of the Foreign Serv-
ice. It is patterned after section 401 of the 1946 act. There are seven
groups of personnel included under the generic term "members of the
Service": (1) Chiefs of mission; (2) ambassadors at large; (3) mem-
bers of the Senior Foreign Service; (4) Foreign Service officers; (5)
Foreign Service personnel; (6) foreign national employees; and (7)
consular agents Ambassadors at large were not expressly included
among the categories of personnel tinder the 1946 act, but as the title
is in frequent use, its inclusion here is desirable. The Senior Foreign
Service is newly established by this bill and has no parallel in the
1946 act. The separate categories of Foreign Service Reserve officers
and Foreign Service Staff officers and employees under the 1946 act
are abolished, as is the category of Foreign Service Reserve Unlimited
established by Public Law 90-494, 82 Stat. 810 (August 20, 1968).
The functions enumerated in this section for the various groups of
personnel are descriptive rather than limiting.
Section 104-Functions of the Service
Section 104 describes in general terms the functions of the members
of the Foreign Service. Paragraph (1) states that members of the
Service, tinder the direction of the Secretary, shall represent the inter-
ests of the United States in dealings with foreign countries and inter-
national organizations and shall perform such other functions as are
relevant to their appointments and assignments. Examples of these
functions include observing, reporting on, and interpreting events
abroad: assisting Americans abroad and foreigners wishing to visit
the United States: and providing, management and administration
for the conduct of foreis_n affairs. While derived substantially from
section 301 of the 1946 act, this paragraph adds a reference to func-
tion", performed under the Vienna Convention on Diplomatic Rela-
tions and the Vienna Convention on Consular Relations, two widely
-cept.ecl multilateral agreements of particular significance because
they codify much of customary international law with respect to dip-
lomatic and consular relations.
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Section 104(2) states that members of the Foreign Service shall
provide guidance for the formulation and conduct of U.S. foreign
policy and Government programs and activities which relate to the
foreign relations of the United States.
Carrying forward the substance of section 311 of the 1946 act, sec-
tion 104(3) provides that members of the Service shall perform func-
tions on behalf of any agency or other Government establishment re-
quiring their service. This provision permits members of the Foreign
Service to use the authorities of other agencies at their request where
necessary or appropriate. For example, a General Services officer at a
post abroad is authorized by this language to use Department of
Agriculture contracting authority and funds in executing and ad-
ministering contracts at the request of the Department of Agriculture.
Section 105-Merit principles; protections for members of the Service;
and minority recruitment
Section 105, which can be considered an "Employee Bill of Rights"
sets forth provisions relating to the application of merit principles,
the protection from reprisals of members of the Service, and the
establishment of a recruitment program for women and minorities.
While this section is not intended to add new substantive law in these
areas, the provisions do restate and emphasize requirements of existing
law. The section is new in that it has no parallel in the 1946 act and
does provide, for members of the Foreign Service, express protection
against reprisals for reporting information which does not follow
official policy.
Section 105 (a) (1) requires that all personnel actions affecting ca-
reer members and career candidates, including applicants for career
candidate appointments, be taken in accordance with merit principles.
Section 105 (a) (2) defines "personnel action" to include appointments,
promotions, assignments, performance pay or special differential
awards, step increases, separation decisions, performance evaluations,
and any decision, recommendation, examination, or ranking relating
to any of these matters.
Section 105 (b) requires the Secretary to prescribe regulations to
insure that applicants and members of the Service are protected from
prohibited discrimination and reprisals for disclosures of information.
Members and applicants are protected from discrimination on the
basis of race, color, religion, sex, national origin, age, handicapping
condition, marital status, or political affiliation. This prohibition paral-
lels the prohibited personnel practices contained in the Civil Service
Reform Act of 1978, 5 U.S.C. 2302(b) (1). Individuals are free from
reprisals for disclosures of information, other than classified material
or other specifically prohibited disclosures, made in the reasonable
belief that the information evidences a violation of law, mismanage-
ment, a gross waste of funds, abuse of authority, or a danger to public
health or safety. Protection is also provided for similar disclosures
made to the Special Counsel of the Merit Systems Protection Board,
or to the Inspector General of the Foreign Service in the Department
of State or of another agency, or to specially designated individuals.
Paragraph (3) sets forth specific protection for individuals sub-
mitting reports, evaluations, or recommendations through separate
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dissent channels, whether or not the views expressed are in accord
with official policy. This makes specific legislative provision for the
dissent channel procedures currently in existence in the Department
of State, the International Communication Agency, and the Agency
for International Development. It is the committee's intent to encour-
age the best possible reporting from the field and to build into the struc-
ture
of the Foreign Service and the foreign affairs agencies the maxi-
mum possible capability for internal discussion and dissent. Protec-
tion of the individual against reprisals for disagreement with ap-
proved policies is essential to this process.
Section 105(c) specifically protects disclosures to the Congress and
prohibits reprisals against individuals who make disclosures to the
Congress.
Section 105(d) mandates the establishment of a recruitment pro-
gram for women and minorities consistent with provision of the Civil
Service Reform Act of 1978 (5 U.S.C. 7201). Furthermore, the section
provides for an annual report by each agency head on the recruitment
program established, including any affirmative action plans submitted
under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-i(;) ,
as well as recommendations for administrative or legislative actions
which may be appropriate. The committee notes that this program
must be expanded to promote equal opportunity and affirmative action
from the initial recruitment process through the career development
of women and minorities within the Service. In an attempt to en-
courage the entrance of women and minorities into the Service, the
agencies must not neglect those individuals already in the Service,
many of whom entered without benefit of affirmative action plans, but
who would benefit from assistance in training and career development.
The committee also notes the difficulties being encountered in the
foreign affairs agencies, most particularly in the Department of State,
where cutbacks in personnel and resources have slowed promotion rates
and made it difficult not only to develop workable affirmative action
plans, but also to provide the kind of training and career development
for Foreign Service members which are necessary for the effective
formulation and conduct of foreign policy. It will be necessary in the
foreseeable future for the agencies to balance scarce resources and to
seek more efficient use of the resources, but also to deal evenhandedly
with all segments of the Foreign Service, as well as with the civil
service component in the agencies. In its oversight of the affirmative
action plans under this section and of this legislation as a whole, the
committee will seek to provide the resources necessary to carry out the
objectives of this legislation.
Section 105 (e) provides that this section does not limit any other
affirmative action or equal opportunity program or affect any right
or remedy available to any employee or applicant under existing
Federal statutes prohibiting discrimination.
Chapter 2-Management of the Service
This chapter identifies those officials who are primarily responsible
for the administration of the Foreign Service and describes their
respective functions. It also sets forth again the objective of maximum
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compatibility among the agencies authorized to use the Foreign Serv-
ice Act authorities.
Section 201-The Secretary of State
Section 201 (a) provides that the Secretary of State shall direct and
administer the Foreign Service and coordinate its functions. Section
201(b) provides that those functions which are expressly vested in
the Secretary of State by the bill may be performed only by the Secre-
tary of State and not by heads of other agencies utilizing Foreign
Service personnel.
Central authority for direction and administration of the Foreign
Service was placed with the Secretary of State by the Act To
Strengthen and Improve the Organization and Administration of the
Department of State (22 U.S.C. 811a), which made the Secretary,
rather than various subordinate Department of State officials, respon-
sible for the overall administration of the 1946 act. Among the func-
tions performed exclusively by the Secretary of State are the follow-
ing : (1) Designation of offices abroad as diplomatic in nature under
section 102 (a) (3) ; (2) supervision and direction of the Director Gen-
eral under section 208 and the Inspector General under section 209;
(3) functions under section 210 regarding the Board of the Foreign
Service; (4) issuance of regulations under section 311 regarding em-
ployment of family members of Government personnel; (5) recom-
mendations to the President under section 312 that members of the
Service serve under diplomatic or consular commissions; (6) recom-
mendations to the President under section 405 that members of the
Senior Foreign Service be awarded performance pay for especially
meritorious or distinguished service; (7) issuance of regulations under
section 408 regarding local compensation plans ; (8) determinations
under section 410 (a) and issuance of regulations under section 410(d)
regarding compensation for imprisoned foreign nationals; (9) opera-
tion of the Foreign Service Institute under chapter 7 of title I of this
bill ; (10) administration of the Foreign Service retirement and dis-
ability system under chapter 8 of title I of this bill; (11) adminis-
tration of health care programs under section 904; (12) appointment
and removal of members of the Foreign Service Labor Relations
Board and provision of facilities to such Board under section 1006;
and (13) appointment and removal of members of the Foreign Serv-
ice Grievance Board and provision of facilities to such Board under
section 1105.
This bill recognizes that the Secretary of State serves in a dual role,
as both the head of the lead foreign affairs agency of Government and
as the official accountable for all members of the Foreign Service,
regardless of the agency to which they are assigned. In exercising his
or her personnel management role, the Secretary of State has the
right and the obligation to insure integrity of personnel management
in other foreign affairs agencies.
Section 202-Other agencies utilizing the Foreign Service personnel
system
Section 202(a) authorizes the Director of the International Com-
munication Agency, the Director of the United States International
Development Cooperation Agency, the Secretary of Commerce, and
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the Secretary of Agriculture to utilize the Foreign Service personnel
system established by this bill. This section makes clear within the
basic Foreign Service legislation how the bill's authorities may be
utilized. It supersedes corresponding provisions in the Foreign As-
sistance Act and in Public Law 90-494, which are repealed by sections
2203 and 2205 of this bill concerning the authority of the Administra-
tor of the Agency for International Development, the Director of the
International Communication Agency, and the Secretary of Agricul-
ture. The committee views the Foreign Service as a single entity made
up of component parts with differing, but complementary, expertise.
The committee, therefore; urges the agencies to promote career de-
velopment patterns for their personnel which encourage movement
between agencies to strengthen both the Foreign Service and the
coherence of the U.S. foreign policy effort.
Section 202 (b) makes clear that, except for those functions expressly
reserved by the bill to the Secretary of State through use of the term
"Secretary of State" rather than "Secretary," heads of agencies which
are authorized to utilize the Foreign Service personnel system will
exercise the functions vested in the Secretary by the act for their
respective agencies.
With respect to the Agency for International Development, the
committee expects that the development of personnel policy for AID
and the exercise of all of its personnel management functions, includ-
ing senior-level appointments, will remain the responsibility of the
Administrator for All) and that this will continue to be reflected in
relevant delegations of authority. The committee believes that the con-
tinued exercise of this authority by the AID Administrator is consist-
ent with the intent of the reorganization plan which established the
U.S. International Development Cooperation Agency. Under the re-
organization plan, the IDCA Director is able to provide policy direc-
tion to and coordination of I.T.S. foreign assistance activities, while
delegating responsibility for day-today management and operations
to the Administrator of AID.
Furthermore, the committee notes that, at present, the Agency for
International Development does not possess a Foreign Service Officer
Corps, due to fluctuations in the program of the Agency and the spe-
cialization of its personnel. The committee believes that development
assistance constitutes a vital aspect of U.S. foreign policy and that AID
must be recognized as a partner in the U.S. foreign policy effort with
the other foreign affairs :urgencies. There certainly can be no doubt that
development personnel serve equally vital functions. The committee,
therefore, urges AID to seek full use of the authorities in this bill, with
the goal of forming a Foreign Service Officer Corps to the extent prac-
ticable. The committee also urges the Agency to seek greater use of
the assignment authorities of chapter 5 of title I of this bill, permit-
ting transfers to-and from the other foreign affairs agencies.
Section 203-Compatibility among agencies utilizing the Foreign
Service personnel system
Section 203 (a) explicitly mandates the objective, contained in sec-
tion 101(b) (9), of maximum compatibility in the management and
administration of the Foreign Service personnel system among all
agencies authorized to utilize that system. By its terms, it extends to
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all agencies with Foreign Service personnel authority the policy of
section 5 of Public Law 90-494, which prescribes that the Foreign
Service information officer personnel system shall be compatible within
the Foreign Service officer personnel system. The section expressly
directs that compatibility be maximized to the extent practicable
among agencies employing the Foreign Service personnel system and,
to this end, that consultation must occur regularly between the heads
of the other agencies and the Secretary of State.
Section 203(b) preserves the authority of the individual heads of
agencies over their own personnel. This is consistent with current
practice. In reaffirming the central role of the Secretary of State in
personnel management, as indicated in section 201 above, the commit-
tee does not intend to reduce the authority of the other foreign affairs
agencies. The heads of these other foreign affairs agencies are expected
to continue to administer the programs and personnel. of their agencies.
No programmatic authority is transferred by this legislation.
The committee has found that maximum compatibility promotes
efficiency in the management and administration of the Service and
thereby promotes U.S. foreign policy endeavors. This provision clari-
fies present practice and highlights the necessary and desirable work-
ing relationships among the agencies concerned with foreign affairs.
Unlike the situation in domestic policy agencies, where different pur-
poses and mandates exist, the foreign affairs agencies together serve
the needs of U.S. foreign policy. No one agency can ignore the activi-
ties of the others without eventually jeopardizing U.. foreign policy
objectives. This is particularly evident at posts overseas, where repre-
sentatives of the foreign affairs agencies, as well as of some domestic
agencies, must work together in order to serve U.S. objectives. The
"country team" concept operates well where consultation and coordi-
nation occur regularly. The committee expects that the agencies will
treat this goal as a high priority.
Section 204-Consolidated and uniform administration of the Service
Section 204 carries forward present provisions of law and practice
and encourages the development of uniform policies and procedures
among agencies in the administration of the Foreign Service person-
nel system, as well as encouraging consolidation of personnel functions
where feasible. Consolidations pursuant to this section shall be in ac-
cordance with section 23 of the act containing the basic authorities of
the Department of State, as enacted by section 111(a) of Public Law
95-426, 92 Stat. 967 (the Foreign Relations Authorization Act, Fiscal
Year 1979).
Section 205-Compatibility between the Foreign Service and other
Government personnel systems
Section 205 provides for carrying out the objective of section 101(b)
to assure compatibility, to the extent practicable, between the Foreign
Service personnel system and other Government personnel systems.
This is to be accomplished through consultations among the Secretary
of State, the Director of Personnel Management, the Director of the
Office of Management and Budget, and the heads of other concerned
agencies as determined by the President. This section continues the
policy enunciated in section 5 of Public Law 90-494 (82 Stat. 810), of
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administering the Foreign Service personnel system in conformity
with the general policies and regulations of the Government to the
extent practicable. The provision contemplates the continuation of
existing consultation arrangements under Executive Order 11434 (33
FR 16485), which provides for consultation with the Office of Per-
sonnel Management and the Office of Management and Budget.
The authority of the Secretary of State over the Foreign Service
generally and over the personnel of the Department of State does not
conflict with the authority of the Director of the Office of Personnel
Management over the civil service personnel system. The committee
expects that the Secretary of State will continue as in the past to con-
sult with the Director of the Office of Personnel Management to achieve
coordination and compatibility where possible between the two per-
sonnel systems.
Section 206-Regulations; delegation of functions
Section 206 provides the Secretary's basic authority to prescribe reg-
ulations and delegate functions to carry out the provisions of the bill.
This section consolidates several provisions of existing law. Sections
302 and 303 of the 1946 act provide authority for regulations by both
the President and the Secretary of State. Section 4 of Public Law 81-
73 (22 U.S.C. 2652 et seq.), which placed central authority for admin-
istering the Service with the Secretary of State, also authorized the
Secretary to promulgate rules and regulations necessary to carry out
his functions, and to delegate authority to perform any such function
to officers and employees underhis direction.
In view of this consolidated single authority to prescribe regula-
tions, it is unnecessary to follow the practice of the 1946 act in re-
ferring to "regulations as the Secretary may prescribe" throughout
the bill. Such references have, therefore, been eliminated as redundant,.
Section 207-Chief of mission
Section 207 delineates the interagency direction, coordination and su-
pervision authorities and responsibilities of a chief of mission to a
foreign country, as well as the responsibilities of United States agencies
conducting activities in a country vis-a-vis the chief of mission. This
section is identical in substance to section 12 of Public Law 93-475 (88
Stat. 1439 (1974)) . By its terms, this section describes broadly the
"country team" concept which is essential to the effective conduct of
TT.S. foreign policy abroad. It recognizes the authority and leadership
of the chief of mission, as the President's personal representative, over
all Government employees, with one exception, whether they are phys-
ically located in the Embassy or not. As the chief U.S. representa-
tive in the country, the chief of mission must at all times be aware of
the activities of those employees responsible to him or her.
Therefore, section 207(a) (1) mandates that the chief of mission,
under the direction of the President, shall have full responsibility for
the direction, coordination, and supervision of all Government em-
Dloyees in that country, with the sole exception of employees under
the command of a TT.S. area military commander. Section 207(a) (2)
sets forth the second major responsibility of the chief of mission, which
is to keep fully informed at all times of all activities and operations of
the United States within the country and to insure that all Govern-
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ment employees in that country comply fully with all directives of the
chief of mission.
Section 207(b) sets forth the complementary responsibilities of the
parent agencies which send employees to serve at posts overseas. They
are charged with the responsibility to insure that the chief of mission
is kept fully and currently informed of their employees' activities
and that those employees comply fully with all directives of the chief
of mission. The responsibility of keeping the chief of mission fully
informed also extends to employees under the command of a U.S. area
military commander. In addition the committee emphasizes its inten-
tion that these binotification requirements extend also to contract em-
ployees overseas to the extent of their activities under their contract
with the U.S. Government. As noted, this section does not make inili-
tary personnel serving under the command of a U.S. area military
commander (e.g., CINCEUR, CINCPAC) subject to the direction,
coordination, or supervision of the chief of mission. Such military
personnel in the field report to the President, in his capacity as Com-
mander in Chief, through military channels rather than through
chiefs of mission. However, as is required by 22 U.S.C. 2321i(e), the
chief of mission must be kept fully and currently informed about the
activities and operations of such military personnel. Furthermore, all
other U.S. military personnel in a foreign country, such as military
attaches, are subject to the direction, coordination and supervision of
the chief of mission and are included in the definition of "employee"
in section 102 of the bill.
The committee notes that the authority of the chief of mission also
extends to the General Accounting Office, which has offices overseas
and regularly sends its employees overseas on official business. While
the chief of mission may not direct the activities of the GAO, it is
necessary that the chief of mission be kept informed of GAO's ac-
tivities. Therefore, there are no exceptions to the responsibility of the
chief of mission to be fully informed of all activities in country,
through both his or her efforts and the efforts of all U.S. Government
employees.
The authority of the chief of mission is drawn very broadly not
only to enable the United States to carry out its U.S. foreign policy
objectives effectively, but also to insure the safety and security of
U.S. Government employees. Should an evacuation, for example, be
necessary, the committee expects that all U.S. employees, regardless
of their parent agency, will comply immediately with any evacuation
directives issued by the chief of mission.
Section 208-Director General of the Foreign Service
Section 208 provides that there shall be a Director General of the
Foreign Service, who shall assist the Secretary of State in the manage-
mnent of the Service and shall perform such functions as the Secretary
of State directs. This officer will implement policies developed in order
to carry out, the objectives of the bill. In particular, the Director Gen-
eral is authorized to assist the Secretary of State in carrying out
responsibilities for interagency coordination and compatibility under
section 203 through 205 of the bill.
This section alters the appointment procedures for the Director
General by making that individual a Presidential appointee, from
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among the career members of the Senior Foreign Service, subject to
the advice and consent of the Senate. Section 201 of the 1946 act pro-
vided that the Service would be administered by a Director General
appointed by the Secretary of State from among Foreign Service
officers of class 1 or the class of career minister. Section 3 of Public
Law 81-73 (63 Stat. 111 (1949)) amended the act to vest primary
authority for administration of the Foreign Service in the Secretary
of State rather than directly in the Director General.
Section 209-Inspector General of the Foreign Service
Section 209 provides for an Inspector General of the Foreign Serv-
ice and delineates the authority and functions of that position in
specific terms. It is derived in part from section 681 of the 1946 act,
which provided for Foreign Service inspectors, but not expressly for
the office of Inspector General. The section also borrows from the
Inspector General Act of 19'78, but goes beyond the financial audit and
investigation aspects of that law by providing for authority to de-
termine compliance with U.S. foreign policy objectives. In the view
of the committee, the historically dual responsibility of the office
of the Inspector General to prevent waste and misuse of funds and
also to determine compliance with U.S. foreign policy objectives sets
this office apart from other Inspectors General. It is not enough to
know that a bureau or office in Washington or a post overseas is
functioning efficiently and that its accounts are accurate, for at the
same time, that post, bureau, or office may not be effectively represent-
ing U.S. foreign policy interests. It is quite possible to find a post
overseas whose books are models of accuracy and whose daily ac-
tivities are conducted efficiently, but whose contracts with the foreign
government and the society are nonexistent or not particularly useful
to U.S. foreign policy objectives. On the other hand, it is also quite
possible to find a post overseas which is attuned to U.S. foreign policy
objectives as well as their duties to visiting Americans, but whose
daily paperwork is disorganized, backlogged, and inefficient. Both con-
ditions merit investigation and solution. Therefore, the Inspector Gen-
eral must be served, on the one hand, by individuals who are trained
in auditig, accoutig, fiacial aalyi, ad to like ad, o to oter adsn
in auditing, accounting, financial analysis, and the like and, on the
other hand, by individuals who possess foreign policy training and a
knowledge of the Foreign Service. This provision places a high pri-
ority on both objectives.
Section 209 (a) provides for the appointment of an Inspector Gen-
eral by the President, with the advice and consent of the Senate. from
among individuals who are especially qualified for the position by
virtue of their integrity, knowledge, and experience in the conduct
of foreign affairs, and their demonstrated ability in accounting,
financial analysis, law, public administration, investigations, or re-
lated fields. The requirement is not that each individual auditor or
investigator possess all these skills, but that the office of the Inspector
Genera]. be composed of a group of individuals who collectively
possess these skills. The committee notes that such is current practice
in the Department and urges the Department to continue to improve
the additional training available to the inspectors. Section 209(a)
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23
also provides that the Inspector General will be under the general
supervision of the Secretary of State. Due to the peculiar nature of
the office of the Inspector General of the Foreign Service and its re-
sponsibilities concerning the activities and operations of Foreign
Service posts overseas, the committee believes that it is not only un-
necessary but also undesirable to legislate the kind of independence
which is contained in the Inspector General Act of 1978. The office
was set up because the Secretary of State needs the kind of informa-
tion produced by the inspectors. Much of the information with which
the inspectors deal, as well as the reports produced, are classified.
Therefore, those documents would not in any case be available
publicly. The committee will continue, as in the past, to maintain
oversight of the office.
Section 209(a) further provides for a maximum 5-year interval
between inspections rather than the 2-year maximum set forth in sec-
tion 681 of the 1946 act. While the provision permits inspections as
frequently as they are considered necessary, a 5-year cycle is provided
where experience has shown that more frequently inspections are not
needed. This will permit a more efficient allocation of resources,
whereas the present 2-year cycle places severe burdens on a limited
budget and a small number of personnel who must investigate 283 over-
seas posts and numerous bureaus and offices in the Department of
State. The requirement to inspect bureaus and offices was not contained
in section 681 of the 1946 act, but has heretofore been provided by
regulation.
This subsection also provides that the Inspector General shall per-
form other functions prescribed by the Secretary of State. These other
functions will be limited to evaluatory and advisory functions to im-
prove the effectiveness and efficiency of the management of foreign
affairs, and will not include substantive responsibilities for any pro-
grams, activities, or operations which are themselves subject to in-
dependent audit or review.
Section 209(b) more fully describes the objectives to be met by the
inspections, investigations, and audits conducted by the office of the In-
spector General. These include systematic examinations of whether
financial transactions are properly conducted, whether resources are
being used efficiently, whether requirements of law are being met (in-
cluding the antidiscrimination and antireprisal provisions of section
105 of this bill), and whether there are instances of fraud or other
irregularities. This section is not intended to preclude the Inspector
General from continuing to conduct investigations of fraud and simi-
lar irregularities jointly with the State Department Office of Security
in order to insure that such investigations do not also jeopardize the
need to protect national security matters. In addition to the audit and
investigative functions usually associated with offices of Inspectors
General, section 209 (b) also charges the Inspector General of the For-
eign Service with evaluating how effectively the foreign policy goals
and objectives of the United States are being achieved and how ac-
curately and effectively national interests in the foreign affairs field are
being represented.
Section 209 (c) requires the Inspector General to develop policies and
procedures for the inspection and audit activities of the office which
are consistent with general Federal Government policies. They must
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also comply with the auditing standards established by the Comp-
troller General of the United States.
Section 209 (d) (1) requires the Inspector General to keep the Secre-
tary of State fully and currently informed concerning fraud and
any other serious irregularities relating to the administration of
activities and operations administered or financed by the Department
of State or relating to activities and operations financed by the De-
partment of State, but which are exemptedby international agreement
from audit by any national entity such as contributions to international
organizations. Section 209(d) (2) also sets forth an annual reporting
requirement patterned after that contained in the Inspector General
Act of 1978but. taking into account the special requirements of this
office, particularly the need for protection of classified information.
The report will summarize the activities of the Inspector General and
will include a description of management problems uncovered by the
inspectors, together with recommendations for corrective action, as
well as identification of recommendations from previous years on which
corrective action has not been completed, a summary of matters re-
ferred to law enforcement authorities and their disposition, and a gen-
eral listing of the audit reports completed by the Inspector General
during the previous year.
The Secretary of State is directed to submit the report by May 30
of each year to the House Committee on Foreign Affairs and the
Senate Committee on Foreign Relations together with comments by the
Secretary as he deems appropriate. With the exception of classified
material or other matters prohibited or exempted by law from dis-
closure, the report is also to be made available to the public within
60 days of its transmittal to the Congress.
Section 209 (d) (3) directs the Inspector General to report to the
Secretary of State immediately any particularly serious problems
relating to the administration of activities and operations of Foreign
Service posts or operating units of the Department of State. That re-
port is to be submitted to the two congressional committees within 7
days after the Secretary of State receives it.
Section 209(e) authorizes the Inspector. General to receive com-
plaints or information from individual members of the Service or em-
ployees of the Department concerning possible violations of law, mis-
management or gross waste of funds, abuse of authority, or substantial
dangers to public health or safety. The section mandates protection
of the identity of the individual unless waived by the individual or
unless disclosure is unavoidable during the course of the investigation.
Furthermore, it should be, noted that, under section 105 (b) of the
bill, there shall be no actions taken against complainants unless the
information was disclosed by the complainant with knowledge of its
falsity, or with willful disregard for its truth or falsity.
Section 209(f) specifically sets forth the duties of the Inspector
General to review activities and operations conducted under the direc-
tion, coordination, and supervision of chiefs of mission in order to
assess compliance with U.S. foreign policy and their consistency with
the responsibilities of the Secretary of State and the chief of mission.
This subsection replaces the authority contained in section 124 of
Public Law 95-88 (91 Stat. 542 (1978) ), under which the Inspector
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General of the Foreign Service was given authorities formerly pos-
sessed by the Inspector General, Foreign Assistance. This authority
requires the Inspector General to assess activities overseas across
agency lines, but does not in any way interfere with the separate au-
thorities of other agency Inspectors General, such as AID's Auditor
General, over the specific activities of their agencies. The duties of the
Inspector General for the Foreign Service concern compliance with
U.S. foreign policy objectives, which involves a determination of
whether the programs and activities of U.S. missions abroad are con-
tributing effectively to the achievement of foreign policy goals and
objectives, and whether the various programs and activities are being
effectively and efficiently coordinated. It does not affect detailed fiscal
audits of other agencies. Moreover, the reviews conducted by the In-
spector General for the Foreign Service will not replace the detailed
audits carried out by the agencies or by the Comptroller General. The
Inspector General will continue to cooperate with the auditing and
inspecting authorities of other agencies as is done currently.
Section 201-Board of the Foreign Service
Section' 210 provides legislatively for the Board of the Foreign
Service, to advise the Secretary of State on matters relating to the
Service, such as promoting the objectives of maximum compatibility
among agencies authorized by law to use the Foreign Service personnel
system as well as compatibility between the Foreign Service and the
civil service. This board was originally established by the 1946 act. Its
functions were transferred to the President by Reorganization Plan
No. 4 of 1965 (30 FR 9353), and the Board was continued thereafter
by Executive Order 11264, as amended. Its members include the
Agency for International Development, the International Communica-
tion Agency, the Department of Commerce, the Department of Agri-
culture, the Department of Labor, the Office of Personnel. Manage-
ment, the Equal Employment Opportunity Commission, and the Office
of Management and Budget. The quasi-judicial functions in labor-
management relations and separation for cause heretofore exercised by
the Board are now vested by the bill in the appropriate bodies described
in chapters 10 and 11, respectively.
Section 211-The Board of Examiners for the Foreign Service
Section 211 (a) provides a statutory basis for continuation of a Board
of Examiners for the Foreign Service to develop and supervise the
examinations given to candidates for appointment in the Service. The
Board shall consist of 15 members, no fewer than 5 of whom are not
Government employees and who possess expertise in the fields of
testing or equal employment opportunity. The other members of the
Board shall include representatives of agencies, such as USICA and
AID which utilize the Foreign Service personnel system as well as rep-
resentatives of other agencies, such as the Office of Personnel Manage-
ment, which have responsibility for employment testing.
The Board is charged under section 211(b) with reviewing these
examinations periodically to determine whether they have any adverse
effects on equal employment opportunity, whether they are valid
indicators of job performance, and to find alternatives as necessary.
An annual report to the Secretary of State is also required, together
with recommendations for improvement.
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The Board of Examiners was originally authorized under section 212
of the 1946 act. This provision adds the requirement of insuring that
examinations do not undermine the equal opportunity objectives stated
in section 101(b) (2) (B) of the bill. The committee also notes that,
since the Board's functions are operational, rather than advisory, the
Federal Advisory Committee Act does not apply.
Chapter 3-Appointnments
This chapter consolidates and simplifies the various Foreign Service
appointing authorities contained in present law. It contemplates two
appointing authorities-the President, who appoints senior officials
and Foreign Service officers by and with the advice and consent of the
Senate, and the Secretary, who appoints other members of the Service.
The chapter also sets forth two types of appointment, career and
limited, to meet the needs of the Service.
Section 301-General provisions relating to appointments
Section 301 (a) restates the current requirement of sections 515, 522,
and 534 of the 1946 act which permit only citizens of the United States
to be appointed to the Service, except for those appointed for service
abroad as consular agents or foreign national employees.
Section 301(b) sets forth the Secretary's authority to prescribe ap-
propriate examinations for appointment to the Service, except for
individuals appointed as chiefs of mission or ambassadors at large.
Section 212 of the 1946 act had placed this authority with the Board
of Examiners of the Foreign Service, but these functions were trans-
ferred to the Secretary pursuant to Reorganization Plan No. 4 of 1965
and Executive Order 11264 (31 FR 67). The Board now exercises these
functions under a delegation from the Secretary. Under section 211
of this bill, the Board will continue to do so. As has been the case in
the past, the nature of these examinations will depend upon the type
of appointment involved. In particular, Foreign Service officer candi-
dates will continue to be subject to different examinations than candi-
dates for other personnel categories.
The committee applauds the efforts which have been made by the
Secretary of State to improve the Foreign Service recruitment and
examination process. Much has been accomplished, but there is more
that needs to be done to guarantee the highest caliber of representation
in the Foreign Service. The committee, therefore, urges the Secretary
to develop vigorous recruiting programs at universities and colleges
across the country. This is necessary particularly because the foreign
affairs agencies finds themselves in competition with business and in-
dustry for the Nation's best talent.
The committee recognizes that this recruitment process is an uphill
battle. Due to the budget cutbacks of recent years, the Federal Govern-
ment is no longer as competitive with the private sector as it once was.
The increased burdens on Foreign Service families and the dangers
posed by terrorist activity overseas are certainly not inducements to
join the Foreign Service. However, the same burdens face U.S. com-
panies doing business abroad and these companies are seeking solu-
tions which involve better insurance policies and higher ~ incent.ive
payments, as well as higher salaries. Although the Federal Govern-
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ment cannot provide the level of benefits available to private business,
the committee has taken steps in this legislation to provide incentive
payments to attract people to enter and remain in the Foreign Service.
The committee is also mandating pay comparability between the For-
eign Service and the civil service which is now required by law, but
which is not provided in practice, thereby creating a situation where
the Foreign Service is underpaid in comparison with the civil service.
The fact that there are difficulties inherent in Foreign Service life
shrinks the pool of interested applicants, but does not alter the need
for the best possible representation of U.S. interests abroad.
Section 301 (c) carries forward in substance section 14 of Public Law
90-494, which is repealed by the bill. It provides that veteran or dis-
abled veteran status shall. be an affirmative factor in considering ap-
pointments of Foreign Service officer candidates. The weight to be
accorded such status will be determined by regulations issued by the
Secretary. This provision complements, and does not detract from
current veterans' preference laws.
Section 301(d) is definitional in nature and is intended to clarify
the use of terminology which appears throughout the bill to describe
certain members of the Service. Career members of the Service are
those serving under career appointments. Members of the Service who
serve under limited appointments, which are for 5 years or less (cf.
section 309), are either career candidates or noncareer members of the
Service. Individuals who enter the Service as candidates for career
appointments must first successfully complete a career candidate pro-
gram under a limited appointment by the Secretary in accordance with
sections 303 and 306 (a). Upon successful completion of that program,
that individual may then be given a career appointment by the Presi-
dent or by the Secretary as appropriate (cf. sections 302, 303).
Section 302-Appointments by tho President
Section 302 provides for the appointment of certain members of the
Foreign Service by the President and specifies the effect of such a
Presidential appointment of a member of the Service.
Section 302 (a) (1) specifies the categories of appointments in the
Foreign Service which are made by Presidential appointment with the
advice and consent of the Senate. These include chiefs of mission, am-
bassadors at large, ministers, career members of the Senior Foreign
Service, and Foreign Service officers. This paragraph carries forward
the substance of section 501 (a) of the 1946 act with respect to chiefs
of mission, and follows section 516 of the 1946 act with respect to
Foreign Service officers, except that Presidential appointment of a
Foreign Service officer will now be made after the candidate has per-
formed successfully under a probationary limited appointment by
the Secretary. The Senior Foreign Service is a new personnel category
created in this bill whose members will be drawn predominantly from
the career Foreign Service. This paragraph assures that all such senior
career personnel will have equal status, whether they formerly served
under a career appointment by the President (i.e., as a Foreign Service
officer) or by the Secretary (as a member of the Foreign Service).
Section 30'2(a) (2) (A) authorizes the President, with the advice and
consent of the Senate, to confer upon a career member of the. Senior
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Foreign Service the honorary personal rank of career ambassador.
This rank is awarded in exceptional cases of sustained, especially dis-
tinguished service.
Section 302(a) (2) (B) preserves the limitation in existing law that
the President may confer the personal rank of ambassador upon an
appointee only in connection with a special mission of not more than
6 months' duration. This section is derived from section 501(c) of
the 1946 act.
Section 302(a) (2) (C) states that no additional compensation at-
taches to the conferral of the rank of career ambassador or of the per-
sonal rank of ambassador. This follows current practice.
Section 302(b), derived from section 571(b) of the 1946 act, permits
it member of the Foreign Service to retain his or her status in the
Service while serving in a position outside the Service to which he or
she has been appointed by the President. Specifically, the section pro-
vides that such an appointment shall be regarded as an assignment
under chapter ,5 of the bill. An additional provision permits a member
of the Senior Foreign Service to continue to receive the salary of his
or her class and to remain eligible for performance pay in lieu of re-
ceiving the salary of the position to which the member is appointed.
The provision forestalls the anomalous situation where the most able
officers risk a reduction in salary in order to accept a Presidential ap-
pointment involving increased responsibility. Thus, a member of the
Senior Foreign Service, selected because of outstanding qualifications
to serve as a chief of mission or Assistant Secretary, would not be re-
quired to forgo eligibility for performance pay under section 405 of
this bill. This provision parallels 5 U.S.C. 3392(c), which provides
for similar retention of status and pay for the Senior Executive
Service.
Section. 303-Appointments by the Secretary
Section 303 provides that members of the Service not required to be
appointed by the President shall be appointed by the Secretary. These
appointments include limited appointments in the Senior Foreign
Service and as Foreign Service officer candidates (career candidates),
as well as limited and career appointments of all other American and
foreign national personnel in the Foreign Service. The section com-
bines authorities found in sections 522, 531, 541, and 551 of the 1946
act, as well as section 15 of Public Law 90-494.
Section 304-Appointment of chiefs of mission
Section 304 states criteria and procedures designed to insure that
persons appointed as chiefs of mission are qualified for such
appointments.
Section 304 (a) (1) carries forward the substance of section 500 of
the 1946 act in asserting that individuals appointed as chiefs of mis-
sion should possess clearly demonstrated competence to perform the
duties. Among the skills desirable are a useful knowledge of the, princi-
pal language or dialect of the country in which the individual is to
serve, and knowledge and understanding of the history, culture, the
economic and political institutions, and the interests of that country
and its people. Contributions to political campaigns are not considered
evidence of competence. The section also states specifically the com-
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uiittee's intent that the career members of the Foreign Service should
be the primary pool of individuals from which chief of mission ap-
pointments should be made although circumstances may warrant the
appointment of qualified individuals who are not career members of
the service. These last two provisions are carried forward from section
101 of the Fiscal Year 1976 Foreign Relations Authorization Act
(Public Law 94-141, 89 Stat. 757) and from section 120 of the Fiscal
Year 1977, Foreign Relations Authorization Act (Public Law 94-350,
90 Stat. 829), respectively.
The committee wishes to express its concern that, all too often, nomi-
nations for U.S. chiefs of mission to major trading partners and allies
of the United States are made without regard to the ability of in-
dividual nominees to function in the diplomatic arena. This is not to
suggest that many political appointees have not demonstrated great
competence as ambassadors. Individuals outside the Foreign Service
who possess significant foreign policy skills should certainly be con-
sidered for ambassadorial. appointment. Nonetheless, the Foreign
Service is, among other things, a training ground for the very skills
needed in U.S. ambassadors. Therefore, the committee urges the Presi-
dent and the Secretary of State to give serious consideration to talented
Foreign Service officers to serve at ambassadors at large posts, as well
as at smaller U.S. posts overseas. Furthermore, it is expected that
Foreign Service personnel from the foreign affairs agencies other than
the Department of State will also receive equal consideration for chief
of mission nominations. The committee also urges the Agency for In-
ternational Development to appoint career members as AID mission
directors to the maximum extent practicable.
Toward these ends, section 304(b). provides that the Secretary of
State shall furnish to the President periodically a list of career mem-
bers of the Foreign Service who are qualified to serve as chief of mis-
sion, together with pertinent supporting information. This provision
carries forward the substance of section 502 of the 1946 act. Paragraph
(2) requires each nominee to file with the Committee on Foreign Rela-
tions and the Speaker of the House a report of contributions by that
individual and his or her family within the past 4 years. This provision
is carried forward from section 6 of the Department of State Appro-
priations Authorization Act of 1973 (Public Law 93-126, 87 Stat.
491).
Section 305-Appointment to the Senior Foreign Service
Section 305 sets forth provisions regarding appointment to the
Senior Foreign Service. The committee views the Senior Foreign
Service as a vital addition to the structure of the Foreign Service. The
complexity and diversity of international relations and the changing
diplomatic environment have placed broader and more demanding
requirements on governments and thus a greater premium on the qual-
ity and effectiveness of their principal. diplomatic representatives. A
new Senior Foreign Service Officer Corps, which parallels the general
and flag officer ranks of the military and the new Senior Executive
Service, offers an effective framework to foster greater development of
leadership and policymaking capabilities both at the national and the
international levels. This new corps also reflects the committee's efforts
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to insure that only the most capable persons are promoted into the
senior ranks through the creation of a new, rigorous senior threshold
performance review process. Those not promoted will receive earlier
warning of their career prospects, thereby permitting them to make
other career plans in a rational manner.
The committee seeks to encourage senior officers to achieve high
levels of performance through intensified competition, awards of per-
formance pay, increased opportunities for serving in positions of
higher trust and responsibility, rapid advancement to the senior ranks,
and the opportunity for extended service so long as standards of ex-
cellence are maintained. The committee also expects that selection
board precepts will reflect these characteristics and will recognize
initiative and the faculty for critical observation and analysis as im-
portant criteria for judgment of the individual member's performance.
The committee does not seek to place a premium on conformity as the
way to progress in the Senior Foreign Service. Therefore, selection
board precepts must reflect the philosophy of this new Senior Foreign
Service.
If standards of excellence are not maintained, this bill provides
separation procedures for members of the Senior Foreign Service, as
well. as for other members of the Foreign Service. This permits control
of the size of senior ranks through performance standards rather than
age-related procedures. It is the Committee's hope that a new esprit de
corps will be created in a system designed to reward initiative and
excellence and to which all officers can aspire.
The Senior Foreign Service will differ from present practice in a
number of ways. It will utilize a senior threshold entry mechanism
which will, for the first time, couple rigorous standards of evaluation
with a relatively short time limit of eligibility for promotion, similar
to the "passover" system long used by the military service. It will
place much heavier weight on performance, rather than on seniority,
for advancement and retention. There will be shorter time-in-class
limits for each of the three planned classes in the Senior Foreign Serv-
ice, with a minimum of 3 year's time-in-class for each class, such as
counselor, minister-counselor, and minister. The Senior Foreign Serv-
ice will thus designate rank by title rather than numbered grades as
in the lower ranks.
The bill also provides multiple exit mechanisms to enhance orderly
progression through entry, retention, and exit, thereby permitting
More regular advancement both within the Senior Foreign Service
and in the lower ranks. It is the committee's hope that the existence of
this new Senior Foreign Service Corps as a separate entity with
higher risks but greater rewards than previously offered will, over
time, lead to a reputation for proven excellence and job opportunities
which will be a str
i
ti
t
ll
ffi
i
ong
ncen
ve
o a
o
cers
n the Foreign Service.
Section 305(a) provides that appointment. to the Senior Foreign
Service shall be to a salary class established under section 402 and not
to a position. This is necessary to preserve, with respect to the Senior
Foreign Service, the general principle that in the Foreign Service,
rank follows the person rather than the position. The provision also
continues for the senior ranks the practice established by section 511
of the 1946 act of appointment to a specific salary class.
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Section 305 (b) provides that members of the Senior Foreign Service
serving under limited appointments shall not exceed 5 percent of the
total number of members. Because of the unique nature of the Peace
Corps and the limited tenure attaching to its personnel, members of
the Senior Foreign Service assigned to the Peace Corps are excluded
from this calculation. Furthermore, a person serving in a career Gov-
ernment position outside the Foreign Service who accepts a limited
Senior Foreign Service appointment, either as a career candidate or
for a limited period with reemployment rights (cf. section 310, infra),
would not fall within the 5-percent limitation. Any other individual
serving under a limited Senior Foreign Service appointment (includ-
ing any other Senior Foreign Service career candidate) would be con-
sidered "noncareer" for purposes of this limitation.
The committee notes that this limitation parallels the 10-percent
limitation on noncareer personnel at the senior levels of the civil serv-
ice. The 5-percent limitation is intended to limit noncareer appoint-
ments, while preserving the ability to make necessary political or non-
career appointments. The committee expects, however, that this limita-
tion will be observed. The Senior Foreign Service is intended among
other purposes, to be a reward for excellence for those who have put
in the time and effort to develop the talents and skills required in the
Foreign Service. It is not intended, and the committee will not permit
its use, merely as a way to give high-ranking jobs to individuals serv-
ing outside or elsewhere within the Government.
Section 306-Career appointments
Section 306 (a) provides that candidates for career appointments
must serve a probationary period, expressed as a limited appointment,
for a trial period determined by the Secretary. This probationary
period, which the committee notes is presently 4 years for officer can-
didates, permits the candidate to receive the requisite training and to
decide whether to make a career commitment. At the same time, it
gives the Department an opportunity to evaluate performance, to-de-
termine whether the candidate measures up to the promise indicated
by his or her success in the examination process. Although the dura-
tion of the trial period is left to the Secretary's determination the
provision specifies that the career candidate must serve under a limited
appointment, which under section 309 of the bill may not exceed 5
years. Furthermore, different periods may be prescribed, as appro-
priate, for various occupational categories of Foreign Service members.
Career members of the Senior Foreign Service will normally be'ap-
pointed by the promotion (cf. section 601) of career personnel who will
have established records of performance in the Foreign Service. Ca-
reer candidates at the Senior Foreign Service level will be appointed
from outside the career Service only in extraordinary cases where the
needs of the Service cannot otherwise efficiently be met. Accordingly
the committee notes that the intent of the Department is that such
candidates will serve not less than 4 years in probationary status so
that their qualifications for career status can be thoroughly evaluated.
The limited appointment trial period prescribed in this section is
adapted from two provisions of existing law. Section 516(c) of the
1946 act, enacted in 1977," provides that Foreign Service officer candi-
dates,may be given limited appointments of up to 5 years as Foreign
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Service Reserve officers, a category abolished under this bill. Section
15(a) of Public Law 90-494 provides that Foreign Service Reserve
officers must, be given unlimited tenure or separated from the Service
between their third and fifth years as Reserve officers.
Section 306(b) states that decisions by the Secretary concerning
whether or not to offer or to recoliimend career appointments shall be
based upon the recommendations of boards composed entirely or pri-
marily of career members of the Service who will evaluate the fitness
and aptitude of the candidates for the work of the Service. This ex-
tends for general application in the Service (including the Senior
Foreigir Service) the "tenure board" procedure currently used to
evaluate Foreign Service officer candidates. The committee notes that
past practice has indicated that this procedure of evaluation by one's
peers has produced perhaps the best kind of selection and promotion
system which can be legislatively devised. Together with the safe-
guards of the grievance procedures established in chapter 11, this
procedure helps to insure that individuals will not be tenured or fired
on the whim of it single individual.
Section 307-Entry levels for Foreign Service officer candidates
Section 307 sets forth a structure for the initial entrance of an indi-
vidual into the Foreign Service as a Foreign Service officer candidate
in order to promote a, certain uniformity in the system while preserv-
ing needed flexibility. The section provides for the entrance of a For-
eign Service officer candidate at a salary class under section 404 no
higher than class FS-5 1 unless the Secretary determines otherwise in
individual cases. The criteria are limited to a determination that the
qualifications and experience of a candidate or the needs of the Service
warrant, a higher designation, or that at the time. of assignment the
individual is already serving under a career appointment in the Serv-
ice and is receiving a salary equal to or higher than the normal entry
level for Foreign Service officer candidates. The former exception is
intended primarily for lateral entrants from outside the Foreign Serv-
ice. The latter exception applies to a career member of the Service who
is not a. Foreign Service officer, but wishes to become one.
Section 307 is derived in part from sections 516 and 517 of the 1946
act. Section 516 provided that Foreign Service officers would normally
be appointed to class 8, although an initial appointment to class 7
could be made if the age, experience, and other qualifications of the
appointee warranted it. Section 517 permitted appointment of Foreign
Service officers with 4 years of service with a Government agency (or
0 years of such service if over age 30) to any Foreign Service officer
class determined to be warranted by the candidate's age, experience,
and qualifications.
Section 307 continues the policy of a normal Foreign Service officer
entry level, while permitting lateral entry to higher salary classes
wllere individual qualifications warrant it. However, this section
avoids specifying the factors in as rigid a manner as section 517 of the
1046 act, had clone. The section is not intended to preclude or limit pro-
grams designed to encourage entry at higher levels by members of
previously disadvantaged groups, since the committee expects such ap-
t Under this bill, Foreign Service salary classes begin at the lowest, FS-10, and proceed to
FS-1, with the Senior Foreign Service above FS-1.
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pointments to continue to be based on the qualifications of the indi-
vidual and the needs of the Service.
The normal maximum entry level of class FS-5 specified by this
section equates to class 6 under the present Foreign Service officer sal-
ary schedule. This expands somewhat the normal entry range for
officer candidates in recognition of the broader range of educational
backgrounds and experience of Foreign Service officer candidates in
,recent years, and the need to be competitive in the pursuit of highly
qualified individuals sought by other agencies of government and the
private sector.
Section 308-Recall and reemployment of career members
Section 308 carries forward the authority of the Secretary to recall
to active duty any retired career member of the Service, and to re-
appoint former career members without requiring them to complete
a new period in probationary status. This section is derived from sec-
tion 520 of the 1946 act.
Section 520 required reappointment by the President except where
the officer was recalled on a temporary or limited basis to a class no
higher than that held at the time of retirement. Section 308 (a) re-
quires Presidential appointment only where the recall would involve
promotion into or within the Senior Foreign Service. This is in keep-
ing with section 601(a) of the bill, which provides that promotions
within the Foreign Service schedule (cf. section 403) are effected by
assignment by the Secretary and not by appointment by the President
to the higher class, and that promotion into and within the Senior
Foreign Service shall be by Presidential appointment.
Section 308(b) also provides that former career members of the
Service reappointed in the Service need not serve probationary ap-
pointments under section 306 and may be assigned to a salary class
appropriate to their qualifications.
Section 30.9-Limited appointments
Section 309 provides for limited appointments in the Service which
may not exceed 5 years and, with the exception set forth in section
311(a), may not be extended or renewed. A subcategory of limited
appointments, the temporary appointment, is defined as an appoint-
ment limited to a period of 1 year or less. This subcategory is necessary
to facilitate the identification of those limited appointments whose in-
cunmbents are ineligible, under Civil Service law, for certain benefits
such as leave accrual and participation in the civil service retirement
and disability system.
The committee notes that section 504(a) specifies that career mem-
bers of the Foreign Service shall be obligated to serve abroad, and
shall be expected to serve abroad for substantial portions of their
careers. Consistent with this principle, the committee expects that
limited and temporary appointments under section 309 will be granted
only to individuals who are obligated and expected to serve abroad.
Section 309 is derived in part from section 531 of the 1946 act,
which authorizes the Secretary to make temporary or limited ap-
pointments to the Staff Corps, and section 522, which authorizes
limited appointments in the Foreign Service Reserve. The language
of section 309 is more generalized than its predecessors, while it con-
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tinues to protect the basic career structure of the Foreign Service
personnel system.
Section 310-Reemployment rights following limited appointment
Section 310, derived from section 528 of the 1946 act, provides that
an employee of a Federal agency who accepts a limited appointment
in the Service with the consent of his or her agency head is entitled
to reemployment by that agency, in accordance with 5 U.S.C. 3597, in
his or her former position'or in a corresponding or higher position
upon expiration of the limited appointment. Section 310 is general in
scope and is consistent with section 309, whereas section 528 of the
1946 act applied only to limited service as a Foreign Service Reserve
officer.
As in section 528 of the 1946 act, this reemployment right includes
entitlement to any within-grade salary increases*
ncreases the employee would
have received in accordance with law or regulation had he or she re-
mained with the agency instead of accepting the limited appointment.
Such increases could include merit pay, if applicable, under civil serv-
ice regulations.
Section 311-Employment of family members of Government
employees
Section 311 prescribes policies for the employment in the Foreign
Service of family members of Government personnel abroad. The sec-
tion provides that equal consideration shall be given to hiring quali-
fied family members of Foreign Service and other Government person-
nel for positions abroad not customarily filled by career personnel, in-
cluding foreign national positions. This does not, however, preclude
the possibility that, in appropriate instances on a temporary basis,
family members may fill positions which are usually filled by Foreign
Service personnel. The committee notes that some of the more interest-
ing jobs offered abroad are those which are filled by career personnel,
but which become vacant for several months or longer, due to the in-
ability to find a replacement immediately, or to a delay in the arrival
of a replacement. This section would permit the temporary hiring of
qualified dependents to fill such positions. In no case may this au-
thority be used to avoid hiring career personnel or to delay the arrival
of a replacement. Its effect should be to provide needed personnel to
fill employment gaps.which unavoidably occur at posts overseas. Ac-
cordingly, section 311(b) specifically adds the caveat that employ-
ment of family members must not be use to avoid fulfilling the need
for full-time positions. These provisions derive from section 413 of the
Foreign Relations Authorization Act, fiscal year 1978, Public Law
95-105, 91 Stat. 856, and from section 401 (a) (2) of the Foreign Rela-
tions Authorization Act, fiscal year 1979, Public Law 95-426 92 Stat.
977.
Section 311(a) also adds the administrative requirement that such
family members will serve under renewable limited appointments, an
exception to section 309, and will be paid either under the Foreign
Service schedule or under a local compensation plan. The choice be-
tween a U.S. and a local salary rate will normally depend upon the
usually applicable pay schedule for the position concerned, although
the committee urges the Department to utilize the U.S. rate wherever
possible.
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The committee recognizes that this section does not solve the prob-
lem of the Foreign Service spouse or dependent who is forced to give
up a Government position in order to accompany a Foreign Service
employee abroad. The solution lies in providing reemployment rights
and/or credit toward career status in the civil service. Such status
cannot at present be earned in temporary jobs. It is earned only
through permanent employment and then only if an individual re-
mains in such position for at least 3 years without a break in service
of more than 30 days. The mobility of Foreign Service life and the
fact that all Government jobs abroad are temporary, except for those
allocated to the career Service, make it virtually impossible for a
spouse or dependent to earn civil service status. The committee there-
fore urges the Secretary of State to undertake consultants with the
Director of the Office of Personnel Management to seek some work-
able solution to this problem. The committee expects to be kept
advised of progress in this area.
The committee also notes that Foreign Service national positions
are open to family members of military personnel as well as to family
members of Foreign Service members. The committee, therefore,
expects that similar positions at military posts overseas now open to
spouses in the armed services will also be open to spouses of Foreign
Service members on an equal basis.
Section 311 (c) authorizes the Secretary of State to prescribe regu-
lations to govern all agencies in the employment at posts abroad of
family members of Government personnel. This provision parallels
section 411(d) of the 1946 act, as amended in 1978 and 1979. The
regulations prescribed under section 311(c) are designed to set forth
uniform standards and criteria, so the committee expects that devia-
tions from the regulations will only occur for amply justified reasons.
The committee also expects that the Secretary of State will continue
to consult with the Director of the Office of Personnel Management
in developing regulations affecting nonforeign affairs agency per-
sonnel.
Section 31.-Diplomatic and consular commissions
Section 312 combines several provisions of law relating to diplo-
matic and consular commissions. Specifically, it provides for the
commissioning of diplomatic and consular officers by the President
upon the recommendation of the Secretary of State, with the advice
and consent of the Senate. The practice of providing individuals with
diplomatic and consular commissions is derived from international
practice and is necessitated both by international treaty requirements
and by numerous U.S. Federal and State laws. The commission itself
permits the holder to exercise specified diplomatic and consular func-
tions necessary to the conduct of U.S. foreign policy.
Section 312 combines sections 512, 524, and 533 of t lie 1946 act
which relate to the commissioning of Foreign Service officers, Foreign
Service Reserve officers, and Foreign Service Staff personnel, respec-
tively. The authority contained in section 533 of the 1946 act for the
Secretary to commission a staff officer or employee as vice consul is
expanded to permit such commissions to be granted to any member
of the Foreign Service who is a U.S. citizen. This authority will be
available, for example, to commission as a vice consul a Foreign
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Service officer candidate. The substance of section 11 of Public Law
90-494, 82 Stat. 810, relating to the commissioning of Foreign Service
information officers as diplomatic or consular officers, is also included
as part of section 312.
in requiring that members of the Service commissioned under this
section perform all official functions under such commissions, section
:312(a) is consistent with the provisions of section 512, 524, and 533
of the 1946 act. In providing that members of the Service with diplo-
matic or consular commissions may perform any function which any
category of diplomatic officer.(other than a chief of mission) or con-
sular officer is authorized by law to perform, section 312(b) follows
modern diplomatic and consular practice.
Section 312(c) adopts verbatim the language of section 513 of the
1946 act which states that the Secretary of State shall define the
limits of consular districts. This and all other functions of the Secre-
tary of State under section 312 may not be exercised by the heads of
any other agencies employing Foreign Service personnel.
Chapter 4-Compensation
Chapter 4 sets forth the compensation structure for the Foreign
Service, which is based on performance. and conditions of service. It
differs from existing law chiefly in its simplification of the salary
structure, its provisions for performance pay, and in its establishment
of a linkage to the general schedule by statute.
,Section 101-Salaries of chiefs of mission
Section 401 (a) provides that the salary level of a chief of mission
shall be set at one of the annual rates provided by law for levels 11
through V of the Executive schedule. The only exception exists for
members of the Senior Foreign Service who are appointed as chiefs
of mission. Under section 302(b) above, they may elect to receive the
salary of their class and to remain eligible for performance pay.
This section is consistent with sections 411 of the 1946 act, under
which chief of mission positions were divided into four salary classes
ranging from level II to level V of the Executive Schedule. The
revised provisions does not require the President to use the entire
range of salary rates. Instead, lie or she could decide to establish a
single salary rate for all chiefs of mission.
Section 401(b) sets forth a transition mechanism for appointments
of new chiefs of mission. It provides that the salary of a chief of
mission commences upon the effective date of the appointment. Fur-
thermore, the official services of the predecessor chief of mission may
continue for a period not to exceed 50 days following relinquishment
of charge of the mission, if the Secretary determines that this is neces-
sary. This procedure provides a workable transition mechanism.
Section 401(b) carries forward the substance of section 431 of the
1946 act. The provision of section 431(a) of that act stating. that a
chief of mission is not entitled to salary while absent from his post
without authorization or justification has been deleted as unnecessary.
A further provision in section 431 (a) of the 1946 act which, with
respect to a person appointed as chief of mission at a second post,
delineates entitlement to a higher salary class, is deleted as superflu-
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ous in view of the general prohibition in 5 U.S.C. 5533 against dual
pay for more than one position. Section 431(c), authorizing supple-
mentary compensation for a Foreign Service officer appointed chief
of mission at a salary less than his or her Foreign Service salary, has
been replaced by the option, in section 302(b) of this bill, for a mem-
ber of the Senior Foreign Service to receive his or her Senior Foreign
Service salary in lien of the salary of the appointed position.
Section 402-Salaries of the Senior Foreign Service
Section 402 authorizes the President to prescribe salary classes for
the Senior Foreign Service, as well as appropriate titles for each class.
The salary rates are to be set consistent with the maximum and mini-
mum rates payable, for the Senior Executive Service which pursuant
to 5 U.S.C. 5382 may not be more than the rate for level IV of the
Executive Schedule. These rates will be adjusted at the same time and
in the same manner as rates of basic pay are adjusted for the Senior
Executive Service.
It is expected that the President will prescribe three salary classes
for the Senior Foreign Service entitled Counselor, Minister-Counselor,
and Minister. These would replace Classes 2, 1 and Career Minister
under the 1946 act.
Section J/ -Foreign, Service Schedule
In the Fiscal Year 1979 Foreign Relations Authorization Act, this
committee directed the administration to conduct a thorough study
of the pay linkage between the Foreign Service and the civil service.
This pay linkage was set in 1962, but has not been adjusted since, even
though the Federal Pay Comparability Act of 1970 requires the Presi-
dent to-adjust these linkages annually. The result of the committee's
directive was an exhaustive comparison of compensation among the
Foreign Service, the civil service and the private sector by the man-
agement consulting firm of Hay Associates. The Hay Associates
study, completed in May 1979, confirmed that the Foreign Service is
significantly undergraded as compared with the civil service. The new
Foreign Service Schedule established by section 403 reflects the recom-
mendations of the Hay study.
Section 403 establishes a single Foreign Service salary schedule of
10 classes for members of the Service who are U.S. citizens and who are
not compensated tinder any of the other salary provisions of chapter
4. Excluded from this schedule, for example, are chiefs of mission
(cf. section 401), foreign national employees (cf. section 408), and
consular agents (cf. section 409).
The new Foreign Service Schedule contains 10 salary classes, num-
bered from the lowest, FS-10, to the highest, FS-1, and correspond-
ing to General Schedule grades from GS-4 to GS-15. Within each
class are 14 salary steps, the first 10 corresponding to those in the ap-
propriate GS grade, and the remaining 4 steps in increments equal
to the average increment of the first 10 steps. Any salary paid under
the schedule may not exceed the rate of basic pay for level V of the
Executive Schedule. The Secretary of State is required to prescribe
appropriate regulations to carry out this section.
The single schedule authorized by section 104 replaces the two sepa-
rate schedules under sections 412, 414, and 415 of the 1946 act for
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Foreign Service officers and Foreign Service Reserve officers, and For-
eign Service staff, respectively. The unified schedule authorized by
section 403 is intended to overcome difficulties caused by the present
overlapping salary schedules, especially between Reserve and staff
personnel, as well as to simplify and improve personnel administra-
tion.
Furthermore, the pay comparability established between the For-
eign Service and the civil service by this new schedule will halt the
steady erosion of Foreign Service salaries. Studies over the years
have shown that comparably qualified civil service employees earn on
th
b
e average a
out 25 percent more during their careers than their
Foreign Service counterparts.
Of 11,328 individuals who took the Foreign Service examination
in 1978, 113 entered the Foreign Service. Of this group, 72 held Mas-
ter's degrees and 20 held Ph. D or J.D. degrees. Major international
banks and oil companies start inexperienced graduates with M.A. de-
grees at $22,000-$25,000 and experienced M.A. graduates at $25,000-
$26,000. After 2 or 3 years of successful work, these graduates will
typically be earning between $30,000-$40,000. By comparison, the in-
experienced M.A. graduate entering the Foreign Service will start
at $16,283 and will advance much more slowly in salary terms. In
the civil service, the Ph. D or.J.D. with no work experience will start
at GS-11, or $20,611. If this graduate enters the Foreign Service, he
or she will start as an FSO-F, at $18,460.
As a result, many Foreign Service applicants discover that they
would have to take a salary cut relative to the private sector or to
other Government service in order to enter the Foreign Service
Traditionally, 60-70 percent of those invited to enter a Foreign Serv-
ice class have accepted. For the January and March 1980 classes, how-
ever, only 39 accepted. The major reason cited was salary; the sec-
ond was the difficult Foreign Service lifestyle.
The problem is not limited to Foreign Service officer positions. The
Department of State is having trouble recruiting secretaries and com-
municators. They also find salaries and lifestyle unattractive. Until
salaries, working conditions, and benefits can be changed, major re-
cniiting difficulties will continue.
Section 404-Assignment to a salary] class
Section 404(a) authorizes the Secretary to assign to an appropri-
ate salary class all Foreign Service officers and Foreign Service per-
sonnel other than those performing routine duties who are paid in
accordance with section 407 and family members of Government em-
ployees who are paid in accordance with local compensation plans
under section 408. This provision makes a change from section 413 of
the 1946 act, under which Foreign Service officers are appointed by
the President to a particular salary class. This has produced a system
in which each promotion of a Foreign Service officer requires a new
appointment and Senate confirmation. By separating appointments
from salary classification below the senior levels, the bill avoids the
delays which have attended promotions of Foreign Service officers,
as compared with promotions of Reserve officers of comparable rank
who are promoted without the need for reappointment.
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Section 404(b) expresses the rank-in-person principle of the For-
eign Service by stating that the salary class to which a member of
the Service is assigned is not affected by the position or post to which
he or she is assigned to serve. This means that rank in the Foreign
Service is personal as in the military, and not dependent on the posi-
tion to which the individual is assigned as in the civil service. Rank-
in-person has been a basic principle of the Foreign Service personnel
system since the Foreign Service was first established, and is neces-
sary to the functioning of this highly mobile corps.
Section 404(b) also states, principally as a cross-reference, that a
change in the salary class of a member of the Senior Foreign Service
or a member paid under the Foreign Service schedule must be in ac-
cordance with the promotion provisions of chapter 6 of title I of this
act, except as authorized by reduction-in-force procedures specified
in chapter 35 of title V, United States Code. The Secretary of State
is authorized to prescribe implementing regulations providing for re-
tention of pay when reduction-in-force procedures are applied.
Section 405-Per f orinance paps
Section 405 authorizes the award of additional compensation for
outstanding performance to career members of the Senior Foreign
Service and career candidates in the Senior Foreign Service. These
awards of performance pay parallel those available to members of
the Senior Executive Service under 5 U.S.C. 5384.
Section 405 (a) provides that such awards will be in addition to basic
salary and will not be limited by.any ceiling based on the amount of
compensation received by the chief of mission or other member of the
Service. The, first of these provisions parallels 5 U.S.C. 5384(a) (2).
The second supersedes a longstanding administrative limitation that a
chief of mission must earn at least $100 per year more than any sub-
ordinate personnel at post. The committee believes that this limitation
has no practical utility, particularly in light of the fact that members
of the Senior Foreign Service who are appointed as chiefs of mission
have the option, under section 302(b), of retaining the salary and bene-
fits attaching to them as members of the Senior Foreign Service.
Section 405 (b) states that performance pay awards shall take into
account criteria established by the Office of Personnel Management for
performance awards under 5 U.S.C. 5384 and for rank awards under
5 U.S.C. 4507 to members of the Senior Executive Service. Criteria and
requirements unique to the Foreign Service shall also be taken into
account. The section also establishes limits on the number and amount
of performance pay awards which are consistent with the limits im-
posed with respect to the Senior Executive Service under 5 U.S.C.
4507 and 5 U.S.C. 5384. Section 405 (b) (1) stipulates that no more than
50 percent of the members of the Senior Foreign Service may receive
performance pay awards in any one year. Section 405 (b) (2) states
that these awards may not generally exceed 20 percent of the member's
basic rate of salary and section 405(b) (3) provides that up to 6 per-
cent of the members of the Senior Foreign Service may receive per-
formance pay awards that exceed the 20 percent limitation, with a
general limit of $10,000, except that 1 percent may receive such awards
up to $20,000.
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The Committee expects that outstanding ability and qualities such
as initiative and creativity will be factors in any awards of perform-
ance pay.
Section 405(b) (4) limits the total salary plus performance pay for
members of the Senior Foreign Service to that provided by law for
level I of the Executive Schedule. The same limitation is imposed on
members of the Senior Executive Service by 5 U.S.C. 5383(b).
Section 405 (c) provides that performance pay awards up to the 20
percent limitation in paragraph (b) (2) above shall be determined
on the basis of recommendations by selection boards (cf. section 602).
This provision parallels 5 U.S.C. 5384(c), which states that agencies
shall award performance pay to members of the Senior Executive
Service based on the recommendations of performance review boards
established pursuant to 5 U.S.C. 4314. The determination of the total
amount which shall be made available in any one year is a budgetary
determination left with the individual heads of the agencies, which
means that members of the Senior Foreign Service are not entitled to
performance pay.
Section 405 (d) authorizes the President to make grants of perform-
ance pay exceeding the 20 percent limitation as provided. in section
405(b) (3). Such Presidential awards, available to no more than 6
percent of the Senior Foreign Service and in amounts no greater than
$10,000 (or up to $20,000 for not more than one percent of the Senior
Foreign Service), shall be based upon recommendations by the Sec-
retary of State. In order to produce a list of recommendations, the
Secretary of State will receive annually from all concerned agencies
nominations of Senior Foreign Service personnel who have performed
especially meritorious or distinguished service. The agency nominees
will be reviewed by special interagency selection boards. The Secre-
tary of State will then make recommendations to the President on the
basis of the review and evaluation by these boards.
Section 406-Within-cla8s salarmj increases
Section 406 combines the substance of sections 625 and 642 of the
1964 act, which provide separately for periodic within-class salary
increases for different categories of Foreign Service personnel whose
work has met the requisite standards. These increases parallel the step
increases provided to civil service employees under subchapter III of
chapter 53 of title 5, United States Code.
This section makes two principal changes in existing law. It estab-
lishes that step increases shall be granted after 52 weeks of service for
steps 1 through 9, and after 104 weeks of service for steps 10 through
13. Secondly, the section provides for the denial of a step increase on
the basis of a selection board finding that a member does not meet the
standards of performance for his or her class. The authority in the
1946 act to grant an additional step increase for especially meritorious
performance is retained.
The revisions accomplished by this section are intended to use per-
formance relative to an individual's peers as the basis for the grant or
denial of step increases. Selection board procedures should assure fair /
and uniform consideration of similarly situated individual employees
so that mediocre and poor performers are not rewarded while out-
standing individuals receive additional compensation.
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Section 407-Salaries for Foreign Service personnel abroad who per-
form, routine duties
Section 407 (a) authorizes the Secretary under certain circumstances
to establish salary rates for Foreign Service personnel which are lower
than those prescribed in the Foreign Service Schedule. The lower limit
is set at the then applicable iuinimuun wage rate specified in section
6(a) (1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 20
(a) 1
Section 407(b) specifies the individuals who may be hired at these
salary rates. They must be U.S. citizens recruited abroad, who are not
available or are not qualified for assignment to another Foreign Serv-
ice post, and who perform duties of a more routine nature than are
generally performed by Foreign Service personnel assigned to the
lowest salary class in the Foreign Service schedule, FS-10. This au-
thority permits the hiring of individuals who are U.S. citizens resident
abroad to perform routine work at posts abroad, either on a full-time
or part-time basis, where it is unnecessary or unproductive to assign
the job to a member of the Foreign Service.
Section 408-Local compensation plans
Section 408 authorizes the Secretary of State to establish compensa-
tion plans, which should include classification systems, for foreign
national employees of the Service, and for U.S. citizens employed in
the Service abroad pursuant to section 311 of the bill who are family
members of Government employees. This provision follows section
444(a) (1) of the 1946 act in directing that consistent with the public
interest, local compensation plans shall be based upon prevailing wage
rates and compensation practices in the locality. It also directs that
local. compensation plans must provide for compensation of family
members employed pursuant to section 311 at rates no less than the
minimuuu wage rate set by the Fair Labor Standards Act.
Furthermore, the section provides that leaves of absence with pay
(such as annual and sick leave) may be granted to local employees in
accordance with local law or customs without regard to the limitation
on such leave contained in 5 U.S.C. 6310. An express reference to
participation in local social security plans is added to emphasize the
objective of maximum compliance with compensation benefits provided
under local law. This provision is carried forward from section 402
of the Foreign Relations Authorization Act, Fiscal Year 1979. It per-
mits the agencies to comply fully with maternity and sick leave provi-
sions of certain local social insurance programs which would otherwise
be prohibited under U.S. law, thus preventing the agency from par-
ticipating in the entire local program. Local social insurance programs
are often comprehensive and frequently include health programs and
various types of income maintenance programs such as sick leave and
retirement. In order to participate on behalf of its local staff, the De-
partment usually must participate in all phases of the local social
insurance programs. If a particular country plan happens to provide
more leave than is authorized under U.S. law, local employees of the
U.S. Government would be denied the opportunity to participate in
any of the other programs, including retirement.
The establishment of local compensation plans under which local
employees receiving prevailing local wage rates and benefits tends to
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eliminate complaints from host governments and employees over com-
pensation issues and improves morale. It also avoids undesirable litiga-
tion which would result from failure to comply with certain labor laws
and practices in foreign countries.
Section 408(a) (2) is also derived from section 444 of the 1946 act.. It
authorizes the Secretary to make supplemental payments to civil serv-
ice annuitants who are former foreign national employees or their
survivors in order to offset losses caused by the appreciation of a for-
eign currency relative to the dollar. Such payments are permitted only
where the employee's salary was fixed in terms of the foreign cur-
rency and the retirement benefits received by the annuitant are less
than the average retirement benefits received by comparable retirees
from other local organizations.
Section 408(b) authorizes all Federal entities to administer their
programs for foreign national employees or family members of Gov-
ernment personnel serving abroad in accordance with section 408 and
other applicable provisions of this bill. This subsection follows closely
section 444(b) of the 1946 act.
In order to promote efficiency and uniformity among, agencies, sec-
tion 408(c) authorizes the Secretary of State to prescribe regulations
governing the establisment and administration of local compensation
plans under this section for all Government agencies and establish-
ments. This authority was recently enacted in section 107(b) of Public
Law 96-60, 93 Stmt. 397 (August 15, 1979), amending section 444(b)
of the 1946 act. The committee expects that these regulations will in-
clude position classification plans which will apply uniformly to the
agencies.
As the committee has urged in the past, and consistent with similar
General Accounting Office recommendations in its report entitled
"State Department Should Improve Foreign National Pay Setting"
it is expected that the Secretary of State will continue ongoing efforts
to improve coordination of foreign national pay systems and wage
schedules with other agencies, notably the Department of Defense, to
the maximum extent practicable. The committee notes that this effort
will be consistent with the fact that the Foreign Affairs agencies often
compete with different local employers than does the Department of
Defense and that this factor will at tines result in differing pay sys-
tems. The committee also expects that other agencies will consult
closely with the Secretary of State in their administration of employ-
ment programs under this section.
Section 409-Salaries of consular agents
Section 409 directs the. Secretary of State to establish salary rates
for consular agents consistent with prevailing wage rates in the local-
ity and the workload of the consular agency. In the case of consular
agents who are U.S. citizens, the salary rate may not be less than the
applicable minimum wage rate under the Fair Labor Standards Act.
This section derives from sections 418 and 445 of the 1946 act, but will
provide somewhat greater flexibility in setting salary rates for con-
sular agents on a case-by-case basis. All functions relating to consular
agents under this bill are vested exclusively in the Secretary of State.
Consular agents may be either U.S. citizens or foreign nationals.
Their function is to provide some consular and related services for
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U.S. citizens and foreign nationals at locations abroad where no For-
eign Service post is located. The committee feels that the existence of
consular agencies is an efficient and desirable way to represent U.S.
interests where it is not feasible or practical to establish a full-fledged
IJ.S. post. Given the astronomical increase in travel by U.S. citizens
in recent years, consular agents are often the only assistance available,
particularly in larger countries where sheer distances make communi-
cation with a U.S. post difficult.
Section 410-Compensation for imprisoned foreign national employees
Section 410 reenacts section 444(c) of the 1946 act, without sub-
stantive change. The provision was originally enacted as part of the
Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law
95-105).
Section 410 (a) authorizes agencies to compensate current or former
foreign national employees for periods of imprisonment by a foreign
government determined by the Secretary of State to have resulted
from employment with the U.S. Government. Such compensation is
limited to an amount approximately equal to the salary and benefits the
employee would have received had the employee been employed by the
United States during the period of imprisonment. Agency heads are
also authorized to exercise with respect to imprisoned foreign national
employees or former employees the powers provided under subchap-
ter VII of chapter 55 of title 5, United States Code, relating to miss-
ing U.S. employees.
Section 410 (b) provides that a period of imprisonment compensable
under section 410 (a) is to be considered creditable employment for
purposes of other benefits, except for civil service retirement (unless
the employee was a participant in the civil service retirement and
disability system) and for compensation for work injuries unless the
individual was employed by the Government at the time of
imprisonment.
Section 410(c) provides that a claim for compensation under this
section must be filed within 3 years after the release of the claimant
from imprisonment or within 3 years after the claimant's first oppor-
tunity thereafter to file a claim. The agency head shall determine the
date of the claimant's first opportunity to file a claim.
Section 410(d) continues the authority of the Secretary of State to
prescribe regulations governing payments under this section by all
agencies.
The committee notes that over the years there have been numerous
instances of harassment by arrest and detention of foreign nationals
who are or have been employed by U.S. embassies and consulates
abroad. Usually in such cases, employees are detained only for a few
hours or days and suffer no loss in compensation. However, since
World War II, some 40 foreign nationals have been imprisoned be-
cause of their employment by the U.S. Government for such long
periods that they have had to be separated from. the Service and their
salary has been terminated. In some cases, arrests have occurred fol-
lowing the employee's separation from the Service. This might, for
example, occur following a break in diplomatic relations which forces
the U.S. embassy to close and to withdraw its U.S. personnel. In such
circumstances, alien employees are separated and may be arrested
sometime thereafter and held for interrogation or reprisal.
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Employees and former employees who have been arrested in the past
have frequently been charged with espionage or treason because of
their association with the United States. Imprisonment is used as a
iuethod of harassing the United States and discouraging capable em-
ployees from working at U.S. embassies and consulates.
The committee notes that the United States relies heavily on foreign
national employees to provide essential support services to embassies,
consulates, and other U.S. missions and offices, as, indeed, is the case
with other governments. Many alien employees spend their entire
careers working for the United States. They perform their duties
faithfully and well and certainly deserve fair treatment from the
United States. An individual who, as a result of service to the United
States, suffers the harsh treatment of imprisonment, which involves
the loss of liberty, time, and personal comfort as well as income,
deserves to be compensated at the very least for the income lost during
the period of imprisonment. This section makes it possible for the
United States to pay the compensation that equity demands.
Section 411-Temporary .service as prirz cipal officer
Section 411 authorizes the Secretary of State to provide additional
compensation to a member of the Service who serves temporarily as
principal. officer during the absence or incapacity of the principal
officer. Such additional compensation is limited to the difference be-
tween the member's salary and the basic salary provided for the
principal officer. The Secretary of State will determine the initial
period which must elapse before the additional salary payments will
be made, so that members of the Service who assume the duties of
principal officer for 1 or 2 days, for example, are not eligible for addi-
tional compensation. Present practice is to provide the additional
compensation if the member serves as principal officer for longer than
30 days. TheConunittee feels that this is an adequate time limit, given
the heavy responsibilities attendant upon the principal officer position.
If the responsibilities of principal officer are shouldered by a deputy,
that individual sJionld certainly receive the compensation which goes
with the job.
Section 411 combines the provisions of sections 421 and 422 of the
1946 act, which deal separately with temporary service as the head of a
diplomatic and a. consular post. and is not governed by the prohibitions
against extra pay contained in 5 U.S.C. 5535, 5536. Since, the sub-
stance of the two sections is the same, it is unnecessary to per-serve
the distinction between diplomatic and consular posts.
Section 412-Special differentials and premium, pay
Section 412(a) authorizes the Secretary to pay special differentials
in addition to other compensation to Foreign Service officers who are
required to perform additional work on a regular basis in substantial
excess of normal requirements. This subsection is identical in substance
to section 451 of the 1946 act. The committee expects that, in imple-
menting this section, the heads of agencies will provide this com-
pensation to any member of the, Service who meets the criteria, subject
only to budgetary considerations and the requirements of section
412 (b). The intent' of the provision is to recognize the unique character
of work requirements in the Foreign Service, which do not lend them-
selves to a. 5-day, 40-hour week, thus there should be no arbitrary limits
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set on the number of individuals who can receive special differentials
in a given year.
Section 412(b) operates as a complement to subsection (a), so that
individuals eligible for compensation under one subsection are not
eligible for compensation under the other. Subsection (b) provides
that members of the Service, other than members of the Senior Foreign
Service, shall be entitled to receive premium pay to the extent provided
under subchapter V of chapter 55 of title 5, United States Code. This
section merely makes the Foreign Service comparable to the civil
service in this regard.
The committee notes that this section does not expressly address a
problem which has been growing in recent years, i.e., that of standby-
duty requirements. Many members of the Foreign Service, especially
secretaries and communicators at small posts overseas, are required to
remain on "standby-duty" or on call for long periods of time outside
normal duty hours. No compensation is provided for such duty, except
to the extent that personnel are required to go into the office during
such periods. The committee has been informed that regulations are
being developed to mitigate this problem and expects that such regula-
tions will be implemented as soon as possible so that they will be in
effect when this bill is enacted. The committee recognizes that this is a
Government-wide problem overseas, and expects that consultations
will be conducted accordingly.
Section 413-Death gratuity
Section 413, reenacts. section 14 of the Department of State basic
authorities act of 1956 which authorizes payment of death gratuities
to dependents of members of the Foreign Service, including U.S.
representatives to an international organization or commission and
foreign national employees, ,for' members of the Foreign Service killed
in the line of duty. Gratuities are equivalent to 1 year's salary at the
time of death.
Sections 413 (b) and (c) set forth the criteria for payment of the
gratuity and the dependents to whom it shall be paid. Section 413(d)
defines the terms used in this section.
Death gratuities were first authorized in 1974 in recognition of the
heightened risks from terrorist acts abroad faced by Foreign Service
employees. This provision authorizes benefits for survivors of em-
ployees killed abroad in the line of duty, whether by terrorist attack or
job-connected causes.
Chapter 5-Classification of Positions and Assignments
Chapter 5 continues the existing authority of the heads of agencies
to classify Foreign Service positions; in each agency and at posts
abroad, and to assign Foreign Service personnel to those positions.
Section 501-Class; fication of positions
Section 501 restates the Secretary's basic authority to designate and
classify positions to be occupied by members of the Foreign Service,
including positions at posts abroad and in the Department, but except-
ing chief of mission positions. Positions will be classified according
to the Foreign Service salary classes established by chapter 4 but,
recognizing the uniqueness of the Foreign Service, without regard to
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chapter 51 of title 5, United States Code relating to classification in
the civil service. In classifying positions at posts abroad, the Secretary
is directed to give appropriate weight to job factors relating to over-
seas service and to compensation practices of U.S. corporations abroad.
Section 501 combines and simplified the two separate subsections of
section 441 of the 1946 act.
Section 502-Assignments to b'oiieign Service positions
Section 502(a) (1) restates the authority of the heads of agencies
to assign members of the Foreign Service to any position in the Service
in which the member is eligible to serve, regardless of agency, provided
only that the head of the concerned agency concurs. Section 502 (a) (2)
states the proviso that members of the Service must not be assigned
to a particular geographic area solely on the basis of race, ethnicity or
religion. However, the provision does not prelude, for example, the
assignment of blacks to posts in Africa or U.S. citizens of German
background to the Federal Republic of Germany. The committee ex-
pects, however, that an individual of Chinese descent, for example,
will not be presruned to be interested, or have expertise, in Chinese or
other oriental history and culture solely because of his or her ethnic
background. An individual's race, religion, or ethnicity may certainly
contribute to the interests, skills, and expertise of that individual, but
the operative concern must be the interests and expertise of the
individual.
Section 502(b) states the general policy that Foreign Service posi-
tions will normally be filled by the assignment of members of the Serv-
ice. Recognizing that the necessary Foreign Service practice of setting
specified tours of duty may make it impossible to observe this policy
at all times, the paragraph provides some flexibility by allowing the
Secretary to assign non-Foreign Service employees of the Department
and personnel of other agencies (under interagency agreements) to
Foreign Service positions. The committee expects, however, that these
assignments will be for a specific time period or tour to the extent
practicable. In addition, the section provides that Senior Foreign
Service positions may be filled by other members of the Service, thus
permitting assignments of outstanding middle .grade officers to posi-
tions of increased responsibility as a part of their career development.
The committee, therefore, expects that the Secretary's authority to
redesignate positions in Washington will be used as necessary to per-
mit movement in and out by members of the civil service and the. For-
eign Service. This will insure access to a limited number of Foreign
Service positions by civil service employees without precluding regu-
lar access by the Foreign Service.
Section 502(c) authorizes the President to assign a career member
of the Service as Charge d' Af#aires or to act otherwise as head of a mis-
sion for such period as necessary. This subsection carries forward the
substance of section 501 (b) of the 1946 act, which provided for Presi-
dential assignment of Foreign Service officers to act as Charges d'
Affaires or Ministers resident.
Se+etion 503-A.ssignments to agencies, international organizations,
and other bodies
Section 503 combines several provisions of the 1946 act in authoriz-
ing the Secretary to assign members of the Service for duty in non-
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Foreign Service positions within the Federal Government as well as
with international organizations and other bodies. Such assignments
provide members of the Service with opportunities for valuable train-
ing and work experience, and also offer other agencies and organiza-
tions, such as the Congress, opportunities to benefit front the expertise
of members of the Service, as well as a better understanding of the
Foreign Service itself.
Section 503 (a) (1) follows section 571(a.) of the 1946 act in author-
izing the Secretary to assign a member of the Service to non-Foreign
Service position in another agency or to any international body. Sec-
i.ion 503 (a) (1) explicitly states that the Secretary's assgnment author-
ity extends to assigning a member of the Service. to a non-Foreign
Service position in the Department.
Sections 503(a) (2) through (4) follow section 574 of the 1946 act
in authorizing the assignment of a member of the Service to it. position
in the United States with a State or local government, with a member
or office of the Congress, or with a public or private nonprofit organiza-
tion, or for special instruction or training with public or private or-
ganizations. There is no longer a percentage limitation on assignments
to the Congress, as there was in section 576 of the 1946 act, since the
committee wishes to encourage such assignments, most particularly to
the offices of Members who do not serve on the House Foreign Affairs
Committee or the Senate Foreign Relations Committee. The exchange
of views and expertise has proved in the past to be of mutual benefit..
Similarly, the. committee expects that the Department will emphasize
service outside Washington, D.C. so that the Foreign Service can
maintain regular contact with domestic affairs in the United States.
The minimum time limitation of 12 consecutive months of service has
also been eliminated, since it was not a binding requirement. It is the
committee's understanding, however, that the practice of assigning
members of the Foreign Service to the Congress for 12 months will be
continued since the agencies agree that this is an optimum period. The
committee also urges those agencies, such as AID, which have not made
much use of this authority in the past, to consider assigning more in-
dividuals under this program.
The committee. views this general authority to assign members of the
Service to non-Foreign Service positions as one of the most important
in the bill. Not only does this practice permit Foreign Service members
to keep themselves informed of current concerns and trends in Ameri-
can life, it also provides information for U.S. citizens about the For-
eign Service and is a valuable source of talent for U.S. business to
which they would otherwise not have access. The committee, therefore,
expects that active use will be made of this authority, particularly by
the Department of State and the International Communication
Agency.
Section 503(b) (1) preserves the rule established by section 571(c)
of the 1946 act that a member of the Service assigned under this section
shall receive the salary of his or her Foreign Service class, or, when
assigned-to -a-non-Foreign Service position, the salary of the position
to which the member has been assigned if such salary is higher than
that of the member. Section 571 (c) distinguishes between assignments,
to Foreign Service and non-Foreign Service-positions in this regard.
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48-
Section 503(b) (2), following section 571 (d), provides that the sal-
ary of a member assigned under this section shall be paid out of the
appropriations for salaries of members of the Service, which appropri-
ations may be reimbursed, by the employing agency or organization.
Section 503(b) (3) provides that a member of the Service assigned
under section 503 (a) (4) shall be deemed to be an employee of the
House or Senate for purposes of payment for travel and other reim-
bursable expenses. This new provision will permit the individual as-
signed to be compensated for travel on official business of the Congress.
Section 503 (c) establishes a limitation of 4 years of continuous serv-
ice on assignments to positions outside the Foreign Service, unless the
Secretary approves an extension due to special circumstances. This
limitation is not an addition to the 8-year limitation on assignments
within the United States to any positions, either Foreign Service or
non-Foreign Service, contained in section 504(a) of the bill.
Section 504-Service in the United States and abroad
Section 504(a) sets forth the fundamental criterion for member-
ship in the Foreign Service-worldwide availability. It requires that
all career members of the Service shall be obligated to serve abroad.
The committee intends that this obligation be extended to limited ap-
pointments as well. As a result, the anomalous "domestic" Foreign
Service personnel category will be abolished and those not available
for worldwide service will be converted to the civil service under sec-
tion 2104. No member of the Service may be assigned to duty within
the United States for any period of continuous service exceeding 8
years unless the Secretary approves an extension for that individual
in special circumstances. This limitation carries forward the policy of
section 571(a) of the 1946 act. This subsection also requires the Sec-
retary to establish the maximum periods for duty in the United States
within the 8-year maximum established by law as, for example, a
3-year limit for most first tours of duty.
. Section 504(b) states that members of the Service who are citizens
of the United States will normally be* assigned to duty within the
United States at least once during each 15-year period in the Service.
This provision carries forward the policy of section 572 of the 1946 act,
which provides that every Foreign Service officer is to bassigned to
duty in. the United States for at least 3 years in his or her first 15 years
of service. Section 504(b) broadens the scope of the provision to cover
all members of the Service who are citizens of the United States, rather
than just Foreign Service officers, and also allows discretion to make
assignments consistent with the needs of the Service. Consequently,
the committee expects that a reasonable number of Foreign Service
positions will be maintained in the United States so as to permit the
assignment of personnel in all categories within the United States
after extended duty abroad.
Section 504(6 authorizes the Secretary to grant a paid sabbatical
to a career member of the Senior Foreign Service for a maximum, of
11 months to permit the member to engage in study or uncompensated
work experience that will contribute to the, members development and
effectiveness. Such sabbaticals may be granted under conditions spe-
cified by the Secretary in light of the conditions which apply to sab-
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baticals for members of the Senior Executive Service (SES) under 5
U.S.C. 3396(c). Those statutory conditions include the following re-
quirements : (1) a member of the SES may receive no more than one
sabbatical in any 10-year period and may not take a sabbatical. if
eligible for voluntary retirement; and (2) a. sabbatical agreement
must specify that if the member fails without good and sufficient reason
to carry out the agreement, the member shall be liable to the United
States for payment of all expenses, including salary, of the sabbatical.
The. committee feels that sabbaticals, together with training pro-
vided under chapter 7 of title I of the bill comprise a necessary aspect
of career development in the Foreign Service. The committee, there-
fore, urges the Secretary to use this authority to provide sabbaticals
to the Senior Foreign Service to enable individuals to acquire train-
ing in a wide variety of fields useful in the Foreign Service.
Section 505-Temporary details
Section 505 defines a temporary detail. as a period of duty not more
than 6 months in duration, so that such details will not be subject
to the requirements of an assignment within the meaning of this
chapter. Thus, a 5-week detail to Washington for consultations with
the Department would not be considered a new assignment to duty in
the United States. This provides for administrative efficiency and
greater ease of movement of individuals within the Service.
Chapter 6--Promotion and Retention
Chapter 6 carries forward from the 1946 act, the basic concepts of
promotion and retention in the Foreign Service based upon demon-
strated merit. The chapter sets forth procedures whereby merit prin-
ciples, as defined in the Civil Service Reform Act, are applied in a
manner designed to provide for advancement and retention in the
Foreign Service on the basis of performance. The chapter also con-
tains provisions concerning separation from the Service.. As used in
this bill, "separation" is a generic term which includes resignation,
voluntary or mandatory retirement, termination of limited appoint-
ments, separation for cause, and death in service.
This chapter expresses the committee's commitment to a well-
managed Foreign Service personnel system which provides predict-
ability, regularity, and stability. Not only is it inappropriate and
dangerous to conduct the Foreign policy of the United States on a
crisis management basis, it is also foolhardy to manage the Foreign
Service on that basis. Nonetheless, in the past, periods of rapid pro-
motion have been followed by periods of little advancement. Over the
past 20 years, the Foreign Service has virtually operated on a "boom
or bust" cycle. This pattern of fluctuation has a devastating effect on
employee morale and serves to decrease the efficiency of the Service
and thus the effectiveness of the U.S. foreign policy effort. An "up-or-
out" system cannot long survive without a steady, consistent stream
of promotions. Making this goal a reality is not something that can
be achieved solely through legislation. Instead, a. strong and effective
management, working with the employee representatives, must act
aggressively to maintain this type of system. This chapter sets the
foundation for this system and the committee looks forward to work-
ing with the agencies to promote this effort.
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Section, 601-Promotionis
Section 601 (a) defines the term "promotion" for certain members
of the Foreign Service. Career members of the Senior Foreign Service
are promoted by Presidential appointment to a higher salary class,
while noncareer and career candidate members of the Senior Foreign
Service are promoted by the Secretary by assignment to a higher
salary class. Foreign Service officers and Foreign Service personnel as-
signed to the Foreign Service schedule may be promoted by Presi
dential appointment into the Senior Foreign Service or by assignment
by the Secretary to a higher salary class in the Foreign Service
Schedule.
Section 601(b) extends to a greater number of members of the For-
eign Service the procedure of promotion by selection board. Presently,
only Foreign Service officers are required to be promoted based on the
recommendations and rankings of selection boards, although by ad-
ministrative practice selection boards are used for most other cate-
gories. The bill now requires members of the Senior Foreign Service
and Foreign Service personnel to be promoted in this manner. An
exception to the selection board process is authorized for categories of
career and career candidate personnel under the Foreign Service
schedule who may be designated by regulation to receive promotions
based on satisfactory performance. This exception will permit the
initial promotions of officer candidates and certain specialists who en-
ter the Service in "career ladders" after completion of a specified
period of satisfactory performance without the necessity of awaiting
the scheduling of a selection board to review these comparatively
routine promotions. The only other exception to promotions based on
selection board recommendations is that authorized by section 606(a),
which permits the Secretary to promote a member of the Service pur-
suant to the recommendation of the Foreign Service Grievance Board
(as set forth in chapter 11 below), an equal employment opportunity
appeals examiner, or the Special Counsel of the Merit Systems Protec-
tion lioard, and requires the Secretary to promote a member pursuant
to a decision or order of the Merit Systems Protection Board.
Section 601 (c) establishes procedures for promotion into the Senior
Foreign Service. Only career members of the Service assigned to class
FS-1 of the Foreign Service schedule are eligible for promotion into
the Senior Foreign Service. A candidate must request consideration
for promotion into the Senior Foreign Service. Promotion decisions
will be based upon recommendations and rankings by selection boards
within their respective agenices. The Secretary is authorized to pre-
scribe the period during which members may be considered for entry
into the Senior Foreign Service. For example, a Foreign Service officer
who requests promotion into the Senior Foreign Service might be con-
sidered by up to five consecutive annual selection boards and, if passed
over, would then no longer be eligible for promotion into the Senior
Foreign Service. Tit order to avoid congestion in class 1 of the Foreign
Service Schedule by less productive individuals no longer eligible for
promotion, the Secretary may prescribe a separate time-in-class under
section 607(a) of the bill. during which such a passed-over member
could remain in the Service. Tit addition, if the candidate withdraws
his or her request to be considered for promotion into the Senior For-
eign Service, no further. requests will be entertained.
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Section 601(c) (2) directs the Secretary, in making decisions on
promotions into and retention within the Senior Service, to take into
account the needs of the Service to plan for continuing admission of
new members and for effective career development and reliable op-
portunities for promotion. The subsection calls for the establishment
of long-term promotion ranges in the relevant competition groupings,
together with the range of combined voluntary and involuntary attri-
tion necessary to achieve overall balance in the flow pattern.
This subsection reinforces a fundamental tenet of the 1946 act that
the Foreign Service must have sufficient attrition in the senior ranks
to maintain its vitality. Subsequent provisions in this chapter provide
the authority to assure that such attrition will occur based on com-
parative evaluations of performance.
The proposal for a Senior Foreign Service parallels the Senior Ex-
ecutive Service program established in the civil service by the Civil
Service Reform Act, while taking into account the fundamental dif-
ferences in conditions of service between the Foreign Service and the
civil service. A basic premise behind these services is provision of in-
centives for senior executive-level managers in the form of perform-
ance pay and bonuses, but at the same time to have more stringent
requirements for entry into and retention at this senior level. The
thrust of the Senior Foreign Service is to motivate and reward a high
level of performance and to insure that those at the top ranks are those
who are currently performing at the optimum level. It is intended to
be a "high-risk, high-gain" system. Like the rest of the Foreign Serv-
ice personnel system, the Senior Foreign Service is to be operated un-
der merit principles. The function of the selection boards will be to
rank-order members of the SFS according to the level of their per-
formance, and on that basis to make recommendations for promotion,
retention, granting and renewal of limited extensions and entry into
the Senior Foreign Service. The criteria will be comparative perform-
ance and possession of demonstrated skills necessary for performance
in Senior Foreign Service. The Committee will not permit politiciza-
tion of the senior ranks and anticipates that standards for promotions,
which will be reflected in selection board precepts, will themselves re-
flect legitimate management concerns: The number of promotions and
renewals which are justifiable in light of present and future needs as
established by the number of officers who can be expected to retire by
operation of mandatory retirement, the number of officers being
promoted into the SFS, the projection of future rates of promotion in
the lower ranks, the areas of needed expertise, etc. The phrase "needs
of the service" is not intended to permit the agencies to eliminate career
members for political reasons, for having engaged in responsible dis-
sent, or because they hold personal views at variance with top manage-
ment officials or political appointees. Individuals who have committed
themselves to a difficult career, and in whom the government has in-
vested an enormous amount of training and education should have
reasonable expectations that a high level of performance in the job
will be rewarded by continued service. Otherwise, they will be unable
to anticipate a career progression with any degree of certainty. They
will feel at the mercy of factors beyond their control, and they will
fear the consequences of any constructive dissent or independence of
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mind, no matter how valuable or justified. The impact on the morale
and quality of the service would be devastating.
Without the offer of a reasonable degree of predictability and secur-
ity in their careers, qualified individuals will not in the future make
the lifetime commitment which a Foreign Service career requires.
Long periods of service overseas prevent Foreign Service members and
their families from developing the type of professional and personal
contacts which facilitate a second career. Recent experience in the area
of foreign relations has amply demonstrated the importance of having
strong, courageous and intelligent men and women in the Foreign
Service, and nothing in this legislation should be taken as a signal
that these attributes will not be valued in the future.
The key to the success of the Senior Foreign Service will depend
ultimately on the wisdom, integrity, and managerial fortitude with
which it. is established and operated. These attributes cannot be legis-
lated. However, as a demonstration of the committee's serious commit-
ment, to the members of the Foreign Service, there is included in sec-
tion 2402 of the bill a requirement for regular reporting to the Con-
gress on implementation of the act, on such matters as the projected
and actual rates of promotion, and the numbers of officers being termi-
nated, retained, and advanced. Because we believe that the input from
the members of the Service themselves is essential, included in the
section is a requirement that the exclusive representatives of Foreign
Service employees be given access to all information relevant to this
oversight process, and that their comments be incorporated in reports
made to the Congress.
Section 601(c) (3) provides that the affidavits required upon ap-
pointment by 5 U.S.C. 3332 (affirming that no consideration has been
paid for appointment) and by 5 U.S.C. 3333(a) (affirming loyalty to
the United States and that the employee will not participate in strikes
against the Government) need not be repeated when a promotion by
appointment into or within the Senior Foreign Service occurs without
a break in service. This provision parallels section 621 of the 1946 act,
which waived these requirements as to promotions of Foreign Service
officers by appointment to a higher class. Under this bill, this provision
remains relevant only to the Senior Foreign Service (cf. sections 302,
601).
Section 602-Se7ection. boards
Section 602 continues the authority of the Secretary, presently con-
tained in section 632 (a) of the 1946 act, to establish selection boards
to evaluate the performance of members of the Service. However,
while the provision in the 1946 act applied only to Foreign Service
officers, section 602 applies generally to members of the Senior Foreign
Service and members who are paid under the Foreign Service schedule.
The committee feels that it is appropriate and fair to treat members
of the Foreign Service in a similar manner insofar as individual career
development is concerned. This includes elements such as promotion,
training, and retention, and necessarily involves the use of selection
boards.
Selection boards will rank the members of a class on the basis of
their relative performance and, as appropriate, will make recommenda-
tions concerning promotions, awards of performance pay to members
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of the Senior Foreign Service, denials of step increases under section
406 (a), offers or renewals of limited extensions of career appointments
under section 607(b) to members of the Service whose maximum time-
in-class has expired, as well as such other actions as the Secretary may
prescribe. The functions assigned to the selection boards by this sec-
tion are not necessarily exclusive. The boards may be assigned addi-
tional functions, such as recommending retirement based on relative
performance under section 608, or the award of additional step in-
creases to particular individuals. The functions assigned to a board
are to be carried out in accordance with precepts prescribed by the
Secretary. The committee notes that these precepts must reflect merit
principles, since these principles apply to the recommendations and
rankings of selection boards.
Section 602(b) requires all selection boards to include public mem-
bers, i.e., individuals who are not Federal Government employees. The
Secretary is directed to assure that a substantial number of women
and minority group members are appointed to each selection board.
Section 603-Basis for selection board review
Selection boards evaluate individual members of the Service on the
basis of their performance in relation to their peers and in light of
the needs of the Service. Section 603 describes the manner in which
selection boards will be informed about individuals (only through
records included in the official personnel file) and about Service needs
(through precepts prescribed by the Secretary). On the basis of this
information, the selection process is intended to identify the individ-
uals who are best qualified to perform the functions required by the
Service.
Section 603 (a) states that recommendations and rankings by selec-
tion boards shall be based upon relevant personnel records kept by the
Department which describe the character, ability, conduct, quality of
work, industry, experience, dependability, usefulness, and general per-
formance of member of the Service. The description of personnel rec-
ords is drawn from section 611 of the 1946 act and is intended to de-
scribe service-related characteristics. Such records may include, but
are not limited to, the reports of Foreign Service inspectors, perform-
ance evaluation reports of supervisors, and records of commendations,
awards, reprimands, and other disciplinary actions.
For the Senior Foreign Service, the consideration of records of
current and prospective assignments is expressly contemplated. The
committee does not question the utility of such records in estimating
promotion needs. However, in order to ensure that such determina-
tions will not he arbitrary or capricious, the career development pat-
tern for each individual must be carefully contructed from the begin-
ning of his or her career and extending throughout the career. While
specialization in a certain functional or geographic area is desirable,
individuals must be careful not to over-specialize to such an extent
that estimates of prospective assignments in the Senior Foreign Serv-
ice reveal that the individual has nowhere to go in his or her field and
no secondary skills upon which to draw. The establishment of an
effective career development pattern depends equally on the individ-
ual member's constant efforts and on well-trained personel counselors
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who are capable of charting alternative patterns which are sensible
and workable in terms of present U.S. foreign policy objectives and
of future possibilities and trends. The Foreign Service does not need
a group of individuals who, for example, are Vietnam experts who
can function as administrative, consular, political, economic, develop-
ment, information, and cultural officers in Southeast Asia. The com-
mittee, therefore, expects that these records will be developed and
utilized as an integral part of career development and not as a way to
deny promotions in a capricious manner. The committee also notes
that the content of these records in a personnel file can be the subject
of a grievance by an individual, which constitues a final protection
against arbitrariness. In the committee's view, however, the best pro-
tection for the individual lies in his or her willingness to assume re-
sponsibility for the development of a career pattern which will alleviate
the need, late in a career, to grieve statements in a personnel file con-
cerning prospective assignments.
Section 603(b) complements subsection (a) and prescribes those
guidelines which selection board precepts must reflect. In accordance
with merit. principles, precepts shall emphasize performance which
demonstrates those qualities necessary to the Service. More detailed
guidelines, such as the need for responsiveness to challenges and ac-
ceptance of hardships, may be developed administratively as necessary.
Accordingly, this subsection states the committee's general intent that,
for the Senior Foreign Service, the precepts shoulds emphasize the
needs of the Service for policy formulation capabilities, executive
leadership qualities, and highly developed functional and area exper-
tise. In this regard, the section carries forward the policy of section
626 of the 1946 act that specialization should not retard orderly ad-
vancement in the Service. The committee notes that the characteristics
are to be reflected in the Senior Foreign Service as a group. It is not
the committee's intent to require each individual member of the Senior
Foreign Service necessarily to possess all three characteristics.
Section 604-Con fidentiality of records
Section 604 directs that the personnel records described in section
603 shall be kept confidential, except to the extent that they pertain
to the receipt, disburement, and accounting of public funds. In addi-
tion to this general requirement of confidentiality, access to such rec-
ords is limited to the President, the Secretary, the legislative and ap-
propriations committees of Congress charged with considering legis-
lation and appropriations for the Service and the representatives of
such committees, and officers and employees of the Government author-
ized. by law or assigned by the Secretary to work on such records.
Individual members also have access to their own records upon writ-
ten request. Section 604 is derived from section 612 of the 1946 act,
which operates to exempt Foreign Service personnel records from
public disclosure. This section conforms with requirements of the
Privacy Act (5 U.S.C. 552a).
Rection 605-Imp7ementation of selection board recommendations
Section 605 follows section 623 of the 1946 act, which applied only to
Foreign Service officers, and applies to provision to officers and per-
sonnel alike. Section 605 specifies that the recommendations for pro-
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motion made by selection boards shall be submitted to the Secretary in
rank order by class or by specialization within a class. The Secretary
will then make promotions or, in the case of Presidential appointment,
submit recommendations to the President for promotions in strict
accordance with rankings of the selection boards. The Secretary may,
however, prescribe regulations specifying special circumstances in
which an; individual name may be removed from the rank order list
or a promotion may be delayed. Currently, these circumstances as
specified in regulation include issues of security, misconduct, suitabil-
ity, or malfeasance, or cases where documentation on performance
available to the selection board appears significantly inaccurate or
incomplete.
Section 606-Other bases for increasing pay
Section 606 authorizes the Secretary to make (or recommend that
the President make) a promotion, or grant an award of performance
pay, or within-class salary increase pursuant to a recommendation of
the Foreign Service Grievance Board, and equal employment oppor-
tunity hearing examiner, or a decision of the Merit Systems Protection
Board or recommendation of the Board's Special Counsel. The pur-
pose of this authority is to permit the smooth implementation of the
decisions and recommendations of these authorized administrative
forums with respect to redress of grievances or complaints. Section
606 (a) generally follows section 632 (b) of the 1946 act (as amended in
1973). The references to the Merit Systems Protection Board and its
Special Counsel are new. The committee notes that the Secretary is
directed rather than authorized, to comply with decisions of the Merit
Systems Protection Board, since these decisions are mandatory. The
remaining authority of the Secretary in this section is discretionary.
Section 606 (b) authorizes the Secretary, under special circumstances
set forth by regulation, to make retroactive promotions and pay
awards, and to recommend retroactive promotions by the President.
Section 606(b) also follows generally section 632(b) of the act. It
applies to actions under subsection (a) of this section as well as to
promotions delayed pursuant to section 605 (b).
Section 607-Retirement for expiration of time-in-class
Section 607(a) (1) provides that the Secretary shall prescribe regu-
lations specifying the maximum period in which members of the
Senior Foreign Service, Foreign Service officers and certain other
career members of the Service may remain in a salary class or, in a
combination of classes without promotion. The Secretary may change
such time-in-class limitations as the needs of the Service may require.
In a new provision, career Foreign Service personnel assigned to
salary classes to which Foreign Service officers may also be assigned
may also be subject to time-in-class limitations when designated by
the Secretary. Time-in-class regulations may distinguish among occu-
pational categories, such as secretaries and communicators, or among
classes, but all individuals in a given occupation and within the same
class, competing for the same assignments and promotions, will be
covered in the same fashion.
Section 607 (a) (2) provides that the maximum time-in-class limita-
tions may apply to a single salary class or to a combination of salary
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classes. For example, regulations could prohibit a Foreign Service
officer from remaining in classes FS-2 and FS-1 for a combined total
of more than 15 years. Such combination time-in-class limitations have
been prescribed administratively under the 1946 act and are here
expressly authorized. Time-in-class limitations may not be less than
3 years in each class for career members of the Senior Fcreign Service
in order to insure that time-in-class is not used capriciously as an
attrition mechanism in the Senior Foreign Service. The committee
notes that this minimum 3-year time-in-class is longer than the 2 years
set by the military for "flag rank" consideration before an individual
is passed over.
Section 607 (a) (3) provides for administrative change in time-in-
class periods, but requires that individuals already in a class for which
time-in-class is decreased be permitted to remain in class for the period
formerly set or at least for a period long enough to afford a reason-
able opportunity for promotion.
Section 607 (b) continues the authority for retirement based on
excessive time-in-class for Foreign Service officers which is currently
provided in section 633 of the 1946 act. It expands this authority to
cover career personnel of the most senior rank (e.g., career Ministers)
who were not subject to time-in-class limitations under the 1946 act.
It also authorizes coverage of other relatively senior personnel to the
extent. that. the Secretary determines advisable. It is contemplated
that time-in-class limitations will be shorter than the present limita-
tions at the senior levels. For example, the time-in-class for each class
of the Senior Foreign Service will not exceed the 5-year maximum
specified for limited extensions of career appointments under section
607(b). The committee also expects that the current 22-year combina-
tion time-in-class for FS-2 and FS-1 will be abolished, since its one
discernible effect has been virtually to insure that few members would
be retired for excessive time-in-class, thereby resulting in congestion
in the senior ranks.
Section 607(b) also provides that members of the Service whose
maximum time-in-class expires after they, have attained the highest
class for their respective occupational categories or in the Senior
Foreign Service may continue to serve under renewable limited ex-
tensions of their career appointments, on the basis of selection board
review (cf. section 602(a)). These extensions are subject to renewal
but may not exceed 5 years. Personnel serving under such limited
career extensions would continue to be career members of the Service
for purposes of performance pay awards, retirement based on relative
performance and participation in the Foreign Service retirement and
disability system, among other things.
- Section 607(b) is a new provision. It is designed to maximize flexi-
bility and efficiency in the management and utilization of the senior
personnel of the Service. It makes retention in the senior ranks de-
pendent on performance and the needs of the Service. Only those who
demonstrate a strong ability and desire to perform and for whom
onward assignments are available will be given limited career exten-
sions or will have them renewed.
Section 607 (c) provides that anyone who does not receive a promo-
tion within an applicable time-in-class limitation prescribed pursuant
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to section 607(b) is terminated or not renewed shall be retired from
the Service and shall receive retirement benefits in accordance with
section 609. This subsection recognizes that such individuals will have
contributed a significant portion of their careers to Government serv-
ice and therefore deserve retirement benefits even if they are forced
to retire earlier than anticipated. In practice, most individuals will
meet the eligibility requirements for voluntary retirement in any case,
but the committee feels that this attrition mechanism, to be just, must
carry with it this provision insuring eligibility for retirement benefits.
Section 608-Retirement based on relative performance
Section 608 continues the authority of section 633 (a) (2) of the
1946 act to retire a Foreign Service officer for failing to meet requisite
standards of performance. Section 608 extends this authority to cover
all career members of the Service who are U.S. citizens. However, sec-
tion 2106(e) of this bill exempts temporarily a member currently in
the Service to whom section 633 (a) (2) of the 1946 act does not now
apply. This exemption extends for 10 years or until the member be-
comes eligible for voluntary retirement and an immediate annuity,
whichever occurs first. This exemption is necessary in fairness to those
who began their careers in the Foreign Service under a different set of
rules which did not subject them to evaluations for "selection-out" by
selection boards.
Section 608(a) specifically provides that the Secretary will pre-
scribe regulations concerning the standards of performance to be met
by career members of the Service. Where selection board review in-
dicates that the member has not met the standards of performance
for his or her class, there will be an administrative review of the mem-
ber's performance, which shall. include an opportunity for the member
to be heard. As in the case of retirement under section 607, all in-
dividuals in a given occupation and ,,thin the same class will be
covered in an identical fashion. The provision guaranteeing a member
the right to be heard. It is intended to codify the requirement for
administrative procedures which have been developed and employed
in the Foreign Service to implement the decision in Lindsay v. Kis-
singer, 367 F. Supp. 949 (D.D.C. 1973). This provision is not intended
to require additional or expanded hearing procedures for administra-
tive review of a member's performance.
Section 608(b) provides that if the administrative review confirms
that a member of the Service has failed to meet the standards of
performance of his or her class, the member will be retired from the
Service and will receive benefits under section 609.
The committee notes that the institution of the selection board is
probably the most effective evaluation mechanism which has been
devised in the Government. Its fundamental principle is evaluation by
' one's peer group. A member's performance is judged against the stand-
ards of his or her class, on a relative rather than an absolute basis.
The determination that a member has not met the standards of his
or her class does not necessarily imply fault, inefficiency or unsatis-
factory performance. It does mean, however, that most of the class
has performed better than the member.
The system is based on *ritten records of performance and the
board is not permitted to use anything but the contents of an indi-
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vidual's personnel file on which to base its recommendations. This
protects the individual from judgments based on gossip. The system
however, is only as effective as the reports are useful. Therefore,
the committee urges the Department of continue to refine the evalua-
tion report system so that reports reflect as accurately as possible a
member's performance.
Section 609-Retirement benefits
Section 609 (a) delineates the benefits available to a member of the
Service who is retired pursuant to sections 607 or 608. Under section
609(a) those members retired following limited career extensions
under section 607(c) (2) or who are retired from the Senior Foreign
Service or from class FS-1 of the Foreign Service schedule will receive
immediate annuity benefits computed in accordance with section 806,
as will other members of the Service retired after becoming eligible
for voluntary retirement under section 811. In providing immediate
annuity benefits for such senior personnel, section 609 parallels section
634 (a) of the 1946 act, which accorded such benefits to Foreign Serv-
ice officers of classes 1, 2, or 3 separated from the Service under time-
in-class limitations or for failing to meet requisite standards of
performance.
Section 609 (b) provides severance pay to any member of the Serv-
ice retired under section 607(c) or 608(b) who is not eligible for an-
nuity benefits under section 609 (a.). The retiree is paid 1 month's
salary for each year of service, up to 1 year's salary at the member's
current rate. The retiree may also receive a refund of contributions to
the Foreign Service retirement and disability fund. A retiree with at
least 5 years of service may elect, in lieu of receiving a refund of his
or her contributions, a deferred annuity commencing at age 60. Sec-
tion 609 (b) closely parallels section 643 (b) of the 1946 act.
Setcion 610-Separation for cause
Section 610(a) (1) continues the Secretary's authority, presently
contained in section 637 of the 1946 act, to separate any member of
the Service for cause.
Section 610(a) (2) provides that members serving under career ap-
pointments in the Senior Foreign Service or under the Foreign Serv-
ice schedule are entitled to a hearing before the Foreign Service
Grievance Board prior to separation at which the cause for separation
must be established. Those serving under limited or temporary ap-
pointment, including career candidates, are also entitled to such a
hearing if separation is based on misconduct. These hearing rights are
the exclusive administrative procedure for challenging separation
for cause.
Section 610 (a) differs from the 1946 act in two respects. It provides
that the hearing rights constitute the exclusive administrative proce-
which avoids the potential of duplicate hearings for those few
members who may also have access to the Merit Systems Protection
Board. Second, the provision specifies that the Foreign Service Griev-
ance Board will conduct hearings under this section. That Board,
which did not exist when the 1946 act was enacted, is the best qualified
body to adjudicate these cases. The Board of the Foreign Service has
heretofore performed this function in an advisory capacity to the
Secretary of State.
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Section 610(b) provides that members of the Service who are sepa-
rated for cause and who are participants in the Foreign Service retire-
ment and disability fund will receive refunds of their contributions
to that fund. A member with 5 years of retirement credit may choose
instead a deferred annuity, unless separation has been for reason of
disloyalty to the United States. Section 610 is virtually identical to
section 637(b) of the 1946 act. Section 637(c) of the 1946 act has not
been carried forward because the provision is unnecessary. The old
section merely stated that those individuals who are not participants
in the Foreign Service retirement and disability fund (that is, those
on limited appointments) shall receive only those benefits to which
they are entitled under the retirement system in which they are
partiticipants.
Section 611-Termination of limited appointments
Section 611 provides that the Secretary may at any time terminate
the limited appointment of any member of the Service who is paid a
salary specified for the Senior Foreign Service or under the Foreign
Service schedule. Among those serving under limited appointments
are career candidates (cf. section 306(a)) and noncareer appointees.
Family members of Government personnel serving under local com-
pensation plans (cf. section 311) are also covered by this section. Sec-
tion 611 effectively combines authorities contained in section 635 of
the 1946 act, permitting termination of probationary Foreign Service
officers, and section 638, permitting termination of the limited appoint-
ments of Foreign Service Reserve officers and Foreign Service Staff
personnel. This section does not apply to expiration of a limited or
temporary appointment at the end of its specified term.
Section 61 2-Termination of appointments of consular agents and
foreign national employees
Section 612 authorizes the Secretary of State to terminate at any
time the services of any consular agent, after giving due consideraton
to the criteria and procedures normally followed in the locality in
similar circumstances. Similar authority is placed with the individual
agency heads with respect to foreign national employees. The principal
purpose of this section is to insure that provisions of Federal law
applicable to domestic employment do not limit the authority to effect
separations of foreign nationals employed abroad. Section 612 com-
bines and broadens the authorities provided by three sections of the
1946 act : Section 671, providing authority to terminate appointments
of consular agents for unsatisfactory performance, misconduct, or
malfeasance; section 663, authorizing separation of alien clerks and
employees for misconduct or malfeasance; and section 662, authorizing
separation of alien clerks and employees for unsatisfactory
performance.
Chapter 7-Foreign Service Institute Career Development, Training,
and Orientation
Chapter 7 continues the authority of the Secretary of State to main-
tain the Foreign Service Institute and to provide training and counsel-
ing for the Foreign Service. This chapter makes only minimal changes
in existing law. Its primary purposes are to vest authority for the
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operation of the Institute in the Secretary of State, to consolidate
existing authorities for training, career development, and counseling,
to authorize by law the Family Liaison Office, and to authorize training
and counseling for family members of Foreign Service personnel in
addition to that provided for members of the Service.
Section 701-Foreign Service Institute
Section 701 (a) continues the present exclusive authority of the
Secretary of State to operate and maintain the Foreign Service In-
stitute, originally established by section 701 of the 1946 act, and re-
states the Secretary's authority to provide training and instruction to
personnel of the Service, the foreign affairs agencies and other agen-
cies. The Institute will continue to be headed by a Director appointed
by the Secretary of State.
Section 701 (b) directs the Secretary of State to provide training,
to the extent practicable, which meets the need's of all agencies. It also
directs other agencies not to duplicate the facilities and training pro-
vided by the Secretary of State through the Foreign Service Institute
or otehrwise. The section is patterned atfer section 701 of the 1946
act. The committee notes that the Foreign Service Institute has been
the center of governmental training in the foreign relations field and
has grown as the needs have increased. Concentrating as many such
activities as possible in this Institute remains the most efficient and
effective way to handle governmental requirements in this area. The
committee, therefore, expects that a11.agencies will keep the Secretary
of State informed of .their needsw and of any changes which may be
desirable to maintain the effectiveness of the Foreign Service Insti-
tute. The committee will deal with budgetary and oversight concerns
accordingly.
Section 702-Foreign language requirements
Section 702 provides that the Secretary shall establish foreign lan-
guage proficiency requirements for personnel of the Service who will
be assigned abroad and shall arrange for appropriate l anguage train-
ing at the Institute or elsewhere. This section follows in part section
578 of the 1946 act. Its purpose is to carry out the objective stated in
section 101 (a) (4) of this-bill that members of the Foreign Service be
knowledgeable of the languages spoken in the countries where they are
assigned. The committee notes the recent GAO report entitled, "More
Competence in Foreign Language Needed by Federal Personnel Work-
ing Overseas," and encourages the Secretary of State to improve
language training programs to the maximum extent feasible within
existing budgetary restraints.
Section x'03-Training authorities
Section 703 sets forth certain authorities which the Secretary of
State alone may exercise, and other authorities which the individual
heads of agencies may exercise, in connection with the functions of the
Institute. Section 703 (a) (1) and (2) provide for the establishment of
the curriculum of the Institute and for its correlation with useful train-
ing and instruction given by other Government institutions and at
private institutions. These provisions are derived from section 702 of
the 1946 act.
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Section 703 (a) (3) authorizes the Secretary of State to encourage
programs complementary to those of the Institute and permits grants
and other gratuitous assistance for this purpose to nonprofit insti-
tutions. Section 703 (a) (3) is derived from sections 702 and 703 of the
1946 act and recognizes the desirability of using the facilities of non-
profit institutions in cases where it would be costly or inefficient to set
- tip similar programs at the Institute. This provision is intended to en-
courage a variety of activities to foster broadened experiences for mem-
bers of the Service, including activities that will involve leave with-
out pay, and which will contribute to career development.
Section 703 (a) (4), derived front section 704 of the 1946 act, author-
izes the employment of personnel for the Institute, including, where
necessary, employment of language' and other specialists without
regard to civil service laws governing appointments in the competitive
service. It also permits the employment of noncitizens where U.S. citi-
zens are not available. This section recognizes the need for certain
kinds of language and foreign affairs specialists who may be few in
number or where U.S. citizens may not be available.
Section 705 (a) (5) is derived from section 707 of the 1946 act. It
authorizes the acquisition of real and personal property without public
advertisement in order to carry out the provisions of chapter 7.
Section 705(b) (1) is substantially identical to section 705 of the
1946 act and authorizes the Secretary to pay the tuition and other
expenses of members of the Service and employees. Section 703 (b) (2)
authorizes the Secretary to pay the salary, excluding premium pay and
special differentials, of members of the Service assigned for training.
Section 703 (b) (3), derived from section 704 (f) of the 1946 act, author-
izes the Secretary to provide special monetary or other incentives to
encourage members of the Service to acquire or retain proficiency in
foreign languages or special abilities needed in the Service. This sec-
tion may provide incentives, for example, for members of the Serv-
ice to acquire the language competence required for service at a hard-
ship pest where it is difficult to attract and retain personnel.
Section 703(c) directs the Secretary to design training programs
which will encourage career development for all categories of mem-
bers of the Service. This provision is new, and provides statutory
support for the current administrative practice of organizing career-
oriented training courses and seminars. The committee expects partic-
ularly that the Secretary of State will. design training programs to
foster the career development of Foreign Service personnel, who
include secretaries and communicators, as well as for Foreign Service
officers. The committee is concerned, for example, that necessary lan-
guage proficiency is not always characteristic of support personnel
serving overseas. The goal of the Foreign Service Institute should be
to provide necessary training and to upgrade the skills of the various
personnel categories of the Service so that ea-,h post has the best pos-
sible expertise available to serve U.S. foreign policy interests. To the
extent that this requires increased resources for the Institute, the com-
mittee will seek the necessary budget authority.
Section 703(d) provides that members of the families of personnel
who are or will be assigned abroad may receive language and orienta-
tion training at the Institute, as well as functional training for antici-
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pated employment at post pursuant to section 311. It is expected that
functional training will only be available for actual assignments.
The committee applauds the efforts which have been made to pro-
vide training to family members and expects that these efforts will
continue and expand in the future. The committee is also aware of the
often-competing demands of training and employment of Foreign
Service personnel as opposed to family members, as well as the prob-
lems caused by scarce resources and the difficulty of finding overseas
employment for family members. Nonetheless, the effectiveness and
.efficiency with which U.S. foreign policy interests are served demand
that these competing interests be balanced and reconciled as much as
possible. The Secretary of State must also continue his efforts to achieve
bilateral reciprocal agreements, such as that being negotiated with
Canada, which will permit family members to work overseas.
Section 704-Training grants
Section 704 carries forward in slightly revised fashion the provisions
of section 708 of the 1946 act, as amended in 1978.
Section 704(a) provides for grants to members of families of Gov-
ernment employees attending approved programs of study, which are
defined in section 703(d) (1) and (2) as language and orientation
training in anticipation of assignment abroad, or functional training
for anticipated prospective employment as provided in secton 311.
Training and accompanying grants are not authorized for general
purpose education. These grants, which are limited to expenses actually
incurred up to a ceiling to be established by regulation, may be paid
in advance or by reimbursement.
Section 704(b) continues the present authority for reimbursement
of a Foreign Service family member for cost of language training at a
public or private instiution related to an assignment abroad, if the
family member is unable to participate in language training provided
by the Department. The committee has expanded this authority to in-
clude members of the Service who are in similar circumstances. Since
members of the Service face many of the same problems as family mem-
bers in seeking such training (e.g., payment of course fees), it is logi-
cal to include them in this authority. As is the case at present, limita-
tions on such reimbursement or advance payment will be prescribed by
regulation.
Section 70.5-Career counseling
Section 705(a) carries forward the authority of section 639 of the
1.946 act authorizing the Secretary to provide career counseling, advice,
and placement assistance to members and former members of the Serv-
ice, other than those separated for cause. The reference to former mem-
bers is intended merely to avoid the necessity to keep a member on the
rolls until counseling is completed and is not intended to provide a
new service to those already separated from the Service. This will, for
example, permit a member to retire from the Service, and still finish
a counseling program begun before retirement. This subsection is in-
tended to facilitate the transition of individuals from the Service and
is derived from section 405 of the Foreign Relations Authorization
Act, Fiscal Year 1979. Recognizing the unique character of the Foreign
Service and its requirement that members spend most of their careers
abroad, out of direct contact with domestic U.S. society, the committee
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believes that such a formal career counseling program helps to ease
the transition of members of the Foreign Service to another career.
The possibility of retirement at an early age also enhances the need
for such a program. The committee notes that other agencies of the
Federal Government have expressed interest in this program, which
has been quite successful during it first year of operation.
Section 705 (b) (1) provides that the Secretary may facilitate the em-
ployment. of Foreign Service spouses by providing career counseling,
maintaining a central system for cataloging their skills and employ-
ment opportunities available in the United States and abroad, and
otherwise assisting them in obtaining employment. This section is de-
rived from section 413 of the Foreign Relations Authorization Act,
Fiscal Year 1978, Public Law 95-105, 91 Stat. 856.
Section 705(b) (2) directs the Secretary to establish a Family Liai-
son Office to carry out these functions, and others assigned by the Sec-
retary. This provision is new, but the Department of State has an
operating Family Liaison Office, set up pursuant to regulation and at
the urging of this committee. The Family Liaison Office in Washing-
ton and its Family Liaison Offices at posts abroad currently provide a
wide variety of services to Foreign Service members, spouses, and
families. The committee applauds these efforts. The Office has been in
existence 2 years, and has. made steady progress toward addressing
some very difficult and complex problems. The committee believes that
this kind of effort will eventually be the trend in the Government and
notes that other Government agencies, as well as foreign governments,
have already indicated interest in the work of this Office. Given the
increasing burdens and responsibilities of overseas service, the commit-
tee intends to continue its oversight of this effort and others to mini-
mize the hardships and disruptions of overseas service. Success will
mean a stronger Foreign Service and improved representation for the
United States.
Chapter 8-Foreign Service Retirement and Disability System
Chapter 8 is substantially a restatement of the existing provisions
of title VIII of the 1946 act concerning the Foreign Service Retire-
ment and Disability System. Voluntary retirement provisions pres-
ently in title VI of the 1946 act have also been incorporated. With two
exceptions, changes have been confined to matters of style and termi-
nology in the interest of clarity and conformity with the terminology
used elsewhere in the bill. The text includes changes that have been
made by Executive order pursuant to the authority in section 805 of
the 1946 act to maintain existing conformity with the Civil Service
Retirement and Disability System.
The substantive changes include the addition of section 814, pro-
viding for annuity benefits to former spouses of members of the For-
eign Service who participate in the Foreign Service Retirement and
Disability System. The second change is in the form of a committee
amendment which changes the mandatory retirement age from 60 to
65 in section 812.
Section 801-Admzinistration of the system
Section 801 derives from section 801 of the 1946 act. It provides that
the Foreign Service Retirement and Disability System will be adminis-
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tered by the Secretary of State, subject to regulations prescribed by
the President.
Section 802-Maintenance of the fund
Section 802 derives from section 802 of the 1946 act. It provides that
the Foreign Service Retirement and Disability Fund will be main-
tained by the Secretary of the Treasury.
Section 803-Participants
Section 803 (a) names as participants in the Foreign Service Retire-
ment and Disability System those career and career candidate person-
nel who are in the Senior Foreign Service or the Foreign Service
Schedule, together with chiefs of mission who accumulate 20 years of
service in that capacity. This provision will not alter the present cate-
gories of participants, except that it adds career candidates to assure
that these personnel will be covered by the System's death and dis-
ability provisions during their initial years of probationary service
until they achieve career status, (cf. section 803 of the 1946 act, sections
9 and 15 of Public Law 90-494, 82 Stat. 810, and section 625(k) (1) of
the Foreign Assistance Act of 1961, (22 U.S.C. 2385(k) (1) ). Career
candidates are now covered by the Civil Service Retirement System.
This change places them under Foreign Service retirement from the
date of their initial appointment as career candidates. It eliminates
the administrative cost of converting to the Foreign Service Retire-
ment System those individuals granted career status. Career condi-
tional appointees in the civil service are similarly covered by Civil
Service Retirement and Disability System.
Section 803(b) provides that any otherwise eligible person who is
appointed to a position by the President shall not, by virtue of accept-
ing such appointment, cease to be eligible to participate in the System.
This is consistent with provisions in chapters 3 and 5 preserving the
salary and benefits of members of the Service who accept Presidential
appointments.
Section 804-Definitions
Section 804 defines certain key terms for purposes of chapter 8 in
accordance with section 804 of the 1946 act. New definitions added in
connection with the annuity rights of former spouses provided in sec-
tion 81.4 include "court" (section 804(3)) and "court order" (section
804(4) ), "former spouse" (section 804(6) ), and "pro rata share" (sec-
tion 804(10)). The definition of "lump-sum credit" is derived from
section 841(a) of the 1946 act, and the definition of "price index"
found in section 804(9) of the 1946 act is omitted as obsolete. The
definitions are arranged in alphabetical order.
Secvtion 805-Contribution8 to the fund
Section 805 is substantially the same as section 811 of the 1946 act.
It provides that 7 percent of a participant's salary shall be deducted
and contributed to the fund and an equal amount shall be contributed
from appropriations. It also provides that the contributions of a par-
ticipant who transfers directly from another Government retirement
fund will be transferred to the fund. Provision is made for special
contributions to the fund to cover periods of creditable service for
which no contributions had previously been made, except that such
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contributions are not required for periods of military service or for
periods for which credit is allowed to persons of Japanese ancestry who
were interned during World War II.
Section 806-Computation of annuities
Section 806, like its predecessor in the 1946 act, provides for compu-
tation of annuities to be paid to retired or otherwise separated mem-
bers of the Service or their beneficiaries.
Section 806 (a) provides that the basic annuity shall equal 2 percent
of the member's average basic salary for the 3 consecutive years of
service when that salary was highest, multiplied by the number of
years of service credit (up to a maximum of 35 years). This section
contains one exception which applies to participants who serve an
assignment under section 302(b) in a position to which he or she was
appointed by the President. If that participant's continuity of service
is interrupted prior to retirement by appointment or assignment to any
other position determined by the Secretary of State to be of compara-
ble importance, the annuity calculation will be made on the basis of the
highest 3 years of service, regardless of whether or not they are
consecutive.
Section 806(b) (1) (A) provides for a survivor annuity for the par-
ticipant's spouse of former spouse unless the participant elects other-
wise in writing at the time of retirement. This election is irrevocable,
the committee expects that employees will be informed of this fact in a
timely manner so that an election is made with a full understanding
of its implications by both parties.
Section 806(b) (1) (B) is new; it requires the concurrence of a
spouse before the participant may waive or reduce the survivor's an-
nuity. This provision recognizes the interest in a survivor annuity of
a spouse who has shared the Foreign Service life of the participant,
and has thereby incurred a diminution in independent ability to pro-
vide for his or her own livelihood and income.
Section 806 ('b) (1) (C) provides for the concurrence of a former
spouse in the waiver of a survivor annuity under section 814(b). Such
election must be made within 12 months after the divorce becomes final
or at the time of retirement, whichever occurs first.
Section 806(b) (2) provides the formula for a reduction in the
participant's annuity when a survivor annuity is to be provided.
Section 806(b) (3) provides rules for computation of the survivor
annuity, and for the date on which payment shall begin and end.
t Section 806 (c) provides for a survivor annuity to the children of a
deceased participant.
Section 806(d) provides for recomputation of the children's an-
nuity upon the death of the surviving spouse or one of the children.
Section 806 (e) provides rules for the beginning and termination of
the annuity paid to the children of a deceased participant.
Section 806(f) permits an unmarried participant to elect to provide
a survivor annuity to a beneficiary designated by the participant. It
also provides rules for computing the basic annuity and survivor an-
nuity when such election is made.
Section 806(g) permits a participant who marries after retirement
to elect a survivor annuity for his or her spouse and prescribes how
the election is to be made.
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Section 806(h) requires that, as a condition of receiving a survivor
annuity, a surviving spouse or former spouse must elect to receive the
survivor annuity instead of any other survivor to which he or she may
be entitled under a Government employee retirement system. For pur-
poses of this section, neither the social security system nor the military
retirement system are considered a retirement system for Government
employees.
Section 806(i) (1) provides that any married annuitant entitled to
a supplemental annuity by reason of additional service through re-
appointment or recall after an initial period of retirement shall have
that supplemental annuity reduced to provide a supplemental survivor
annuity for his or her spouse unless the annuitant elects otherwise in
writing, subject to the condition regarding the spouse's consent as de-
scribed in section 806(b) (1), above.
Section 806(i) (2) directs the Secretary of State to issue regulations
implementing section 806(i) (1) and section 823 in cases in which an
annuitant has a former spouse who was married to the participant
during the period of recall service or who qualifies for an annuity
under section 184 (a) or (b).
Section 806(j) provides for recomputation of the basic annuity of
a married annuitant who, subsequent to retirement, becomes single
through death or divorce. The subsection also allows such an annuitant
to elect a survivor benefit in the case of remarriage.
Section 806(k) provides for annual notice to annuitants of their
rights under subsections (g) and (j) and, to the extent practicable,
for notice to spouses and former spouses of participants of their an-
nuity rights under sections 806 and 814.
Section 806(1) provides that the basic annuity and the survivor an-
nuity to a spouse shall not be less than the smallest primary insurance
amount payable under title II of the Social Security Act. It estab-
lishes a similar minimum for the survivor annuity paid to a deceased
participant's child. However, this subsection will not apply to an
annuitant or survivor entitled to receive certain other periodic' pay-
merits from the Federal Government that exceed the smallest primary
insurance amount payable under title II of the Social Security Act.
Section 807-Payment of annuity
Section 807 states rules for the commencement of payment of an
annuity, for submission of proof of eligibility for survivor benefits,
for waiver -of-all or part of an annuity, and for recovery of over-
payments. It is substantially identical to section 822 of the 1946 act.
Section 808-Retirement for disability or incapacity 1
Section 808 prescribes rules for disability retirement of participants
in the system. Section 808 is substantially identical to section 831 of
the 1946 act, with the addition of a conforming change (now effective 4
by Executive order) concerning a time limit on submission of claims
for disability retirement. Annuities paid under this section to members
of the Foreign Service prior to the effective date of the Tax Reform
Act of 1976 will continue to be excluded from income for Federal tax
purposes.
Section 808(a) provides for disability retirement of a participant
with 5 or more years of service who has become totally disabled or
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incapacitated for useful and efficient service by reason of disease, ill-
ness, or injury. This subsection also provides that the annuity of a
disability retiree with less than 20 years of service will be computed
as if the retiree had 20 years' service, except that the additional service
credit that may accrue to a participant may not exceed the difference
between his or her age at the time of retirement and age 60.
Section 8Q8 (b) provides for physical examinations to determine dis-
ability or its persistence. It also provides for reinstatement of re-
covered disability retirees.
Section 808(c) provides that a recovered disability retiree who is
not reinstated may elect voluntary retirement, if eligible, a lump-sum
payment under section 815, or a deferred annuity beginning at age 60.
Section 808(d) states that a participant may not receive both bene-
fits under this section and benefits under 5 U.S.C. 8101-8151 other
than scheduled compensation provided under 5 U.S.C. 8107.
Section 808(e) permits a disability retiree to receive lump-sum com-
pensation under,5 U.S.C. 8135 so long as it does not cover the same
period as the annuity benefits for the same disability. In such a case,
provision is made for refund of a portion of the lump-sum to the
Department of Labor.
Section 808(f) permits application for a disability annuity up to 1
year after the date of separation from the Service, for a disability
arising in the Service. Under present practice, if the participant re-
tires or otherwise separates from the Service before the discovery or
diagnosis of a disabling condition, a disability annuity may not be
authorized. Section 808 (f) is modeled after an identical provision per-
mitting application for disability annuities under the civil service re-
tirement system contained in 5 U.S.C. 8337(b).
Section 809-Death in the Service
Section 809 lists the benefits payable when a participant dies in
service. Section 809 (a) states the residual rule that if no annriity bene-
fits are payable under the act, then the lump-sum credit consisting of
contributions to the fund and interest thereon shall be paid. Section
809(b) provides survivor annuity benefits for the spouse or former
spouse of a participant who dies in service with at least 18 months of
civilian service credit toward retirement under the System. Section
809 (c) and (d) similarly provide annuity benefits to children of such
a deceased participant. Section 809(e) provides computation rules for
such annuities, stating that if the participant had less than 20 years
of service, the annuities shall be calculated as if the participant had
served 20 years subject to the same exception set forth in section 808
(a). Section 809 (f) provides for a supplemental survivor annuity to
the spouse or former spouse of a participant who dies in service after
being recalled from retirement pursuant to section 308. Section 809 (g)
provides that the annuity of a surviving spouse under this section will
be reduced by the amount of any survivor annuity payable to a former
spouse of the deceased qualifying for an annuity under section 814 (b).
Section 809 (h) states the rules for commencement, termination, and
resumption of such annuities.
Section 810- Discontinued service retirement
Section 810 provides that a participant who voluntarily separates
from the Service with 5 or more years of service credit toward retire-
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ment under the system may. choose between a lump-sum refund of con-
tributions to the fund and an annuity commencing at age 60, com-
puted in accordance with section 806.
Section 811-Voluntary retirement
Section 811 is similar to section 636 of the 1946 act. It provides that
any participant who is at least 50 years of age and has rendered 20 or
more years of creditable service, including at, least 5 years of civilian
service credit toward retirement under the System, may retire with
the consent of the Secretary and receive an annuity computed in tac-
cordance with section 806.
The provisions of this section and of section 810 contain the re-
of a minimum of 5 years of service credit, excluding,mili-
quirement
tary and naval service, to insure that individuals with long military
service who are subsequently appointed to the Foreign Service obtain
at least 5 years of civilian service credit, which could include un-
healthful post credit under section 817, prior to becoming eligible
for voluntary retirement. The provision also insures that persons ap-
pointed late in life have sufficient service upon which to compute
their "high-3" average salary. Those separating with less than 5 years
of service credit would receive a refund of their retirement contribu-
tions as prescribed in section 815. This change is consistent with the
existing 5-year service requirement for disability retirement and for
separation with title to a deferred annuity.
Section 812-Mandatory retirement
Section 812 replaces sections 631 and 632 of the 1946 act. Section
631 referred to career ambassadors, who will no longer constitute a
separate salary class (cf. section 302(a) (2) (C) of this bill). Section
812(a) alters section 632 of the 1946 .act in providing that the manda-
torY retirement age for participants in the system shall be age 65,
subject to certain exceptions. These exceptions, stated in section 812
(b), were also included in both sections 631 and 632 of. the 1946 pact.
First, any participant who reaches age 65 while occupyng a position
to which he or she was appointed by the President by and with the ad-
vice and consent of the Senate may continue to serve until that ap-
pointment is terminated. It should be noted that this exception applies
only to appointments to positions (e.g., chief of mission, Assistant
Secretary) and not to appointments to the Senior Foreign Service or
as Foreign Service officers. Second, the Secretary may retain on active
service for a period of up to 5 years a participant who has reached age
65 if the Secretary determines that it is in the public interest to do so.
The change in the mandatory retirement age to 65 from the present
60 was the result of a committee amendment. This amendment results
from a recognition that retirement ages are increasing or being elimi-
nated entirely due to the increasing lifespa.ns of Americans. Age
should not be the sole determining factor in an individual's separa- 1
tion from the Service. Furthermore, the interests of younger members
in career advancement do not alone justify overruling the interests of
older members in continuing to work. This amendment is a compro-
mise which reduces the unfairness of a mandatory retirement age
while allowing for the maintenance of predictable career patterns.
The committee expects that the pressure caued by the larger number
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of individuals retained in the Service due to the rise in the mandatory
retirement age will result in rigorous development and enforcement
of the requirement of worldwide availability and the various attrition
mechanisms provided in this bill.
The committee wishes to note that it has taken this action fully
cognizant of the difficulties inherent in raising the retirement age.
As has been noted, the Foreign Service is unique in its requirement
of worldwide availability for all of its members. Indeed, approxi-
mately 60 percent of all Foreign Service members are overseas at any
given time. They must be ready to relocate to hazardous places on
short notice. They are expected to serve in hardship posts and cannot
pick and choose their assignments at will. There is no comparable
presumption within any other Federal employment system. Civil
service employees serve overseas at their option and the percentage
overseas at any given time is small. Approximately 30,000 civil serv-
ice employees work overseas for the Department of Defense, but
departmental regulations limit the overseas tenure of these individ-
uals to 5 years. The military, which is more closely analogous to the
Foreign Service than any other Federal personnel system, has a man-
datory retirement age of 62, but, in addition, has rules which insure
that only the most senior generals and admirals can remain in the
service long enough for this limitation to go into effect.
Statistics prove that the conditions of service in the Foreign Service
are unusually demanding and over time add to the normal debili-
tating effects of age. For example, at any given time, 95 percent of
Foreign Service members aged 21 to 29 are medically able to serve
anywhere in the world. Only 68 percent of personnel aged 50 to 59
are able to do so, and perhaps fewer than half are available when
family considerations are taken into account. This situation already
limits the ability of the Secretary to assign personnel to appropriate
posts.
Given these considerations, the committee expects the Department
to provide necessary attrition in light of the higher mandatory retire-
ment age by effective enforcement of the requirement of worldwide
availability. The elevation of the retirement age is not to be taken as
a license to extend all careers for 5 years. It is expected that indi-
viduals between ages 60 and 65 will continue to be subjection to
selection-out for time-in-class and for substandard performance. Age
is not to be used to discriminate either affirmatively or negatively
within the Foreign Service.
Furthermore, this new provision will take effect on the effective
date of this bill (October 1, 1980). There is no intention to require
the rehiring of any individuals already retired as of that date. Such
a practice would result only in further impaction of the Foreign
Service at a time when budgetary and personnel cuts have already
adversely affected the Service. The forced retention of those who
otherwise would have retired between the district court and Supreme
Court decisions in Vance v. Bradley, which upheld the age 60 retire-
ment age by a vote of 8 to 1, resulted in a loss of promotion for junior
officers and in restricted hiring because the personnel ceiling could
not accommodate them. The committee does not intend to place the
foreign affairs agencies in that position.
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Section 813-Retirement of former Presidential appointees
Section 813 provides that if a member of the Service is not reas-
signed within 3 months after completing an assignment in a position
to which .he or she was appointed by the President, the member shall
be retired from the Service and receive annuity benefits in accord-
ance with section 806. Section 813 is derived from section 519 of the
1946 act. The scope of section 813 is somewhat broader in that, unlike
section 519 of the 1946 act, it extends to Presidential appointees under
section 302(b) who are not necessarily chiefs of mission. The com-
mittee expects that, in the future, the attrition mechanism provided
by this section will be used more consistently than it has been in the
past.
Section 814-Former spouses
Section 814 is a new section which provides for annuity benefits to
former spouses of members of the Foreign Service who participate
in the Foreign Service retirement and disability system provided the
marriage covered at least 10 years of creditable service. The commit-
tee believes that this provision is sorely needed to begin to balance
some of the inequities inherent in Foreign Service life and which have
fallen disproportionately on spouses of Foreign Service employees.
The nature of a Foreign Service career makes it particularly diffi-
cult for spouses of members of the Foreign Service to attain any
independent economic security. Not only do the frequent transfers
among Foreign Service posts around the world militate against the
establishment of an independent career for a spouse, but the oppor-
tunity for paid employment of any kind in most foreign countries
for a spouse is minimal due, to legal, language, and cultural barriers.
Foreign Service spouses, therefore, have little opportunity either to
establish, pensions in their own right or to develop marketable skills
which can be put to use when the need arises. At the same time, they
often contribute countless unpaid hours to the Service. Under cur-
rent law, in the event of divorce, a former spouse of a Foreign Service
member is denied retirement or survivorship rights under the Foreign
Service retirement system. In contrast, under social security today, a
nonworking spouse can acquire a pension based on the work of his
or her spouse. However, payments of sums otherwise due to an annui-
tant or participant may be made to another person pursuant to the
terms of any court decree of divorse, annulment, or legal separation
or to the terms of any court order or court-approved property settle-
ment incident to divorce, annulment, or separation.
This policy has resulted in an apparent "Catch-22" for spouses of
Foreign Service members. Until 1972, the annual efficiency rating of
Foreign Service officers included a rating of the performance of their
wives, thouLrh not to husbands, in such activities as entertaining, rela-
tionship with the community, and involvement in the service projects
of the U.S. wives. Despite the repeal of this practice the Foreign
Service tradition of husband-wife "teams" and of the participation
of wives in the vital representational activities of the post is still very
much alive. Nonetheless, these full-time activities are not compen-
sated in any way, so a spouse is left with no retirement credit and no
marketable skills.
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Equally unsatisfactory is the decision to leave this problem to a
solution by court order. Access to the courts is expensive, particularly
for individuals such as Foreign Service spouses who typically have
no jobs, no insurance, and no other income to speak of. There is no
real precedent for awarding to former spouses a percentage of pen-
sions or survivor annuities. In addition, widely varying divorce laws
from state to state would result in different awards of a Federal
benefit for the same deprivations. Furthermore, there is little or no
awareness among the legal .community of the special problems faced
by Foreign Service spouses. Finally, overseas service frequently re-
sults in cutting off these individuals from their community roots,
thereby exacerbating the problems normally faced by women seeking
divorce. In particular, this results in reliance on a husband's lawyer
or on his recommendation. Section 814, therefore, seeks to provide
some protection for these individuals through the mechanism of the
retirement system.
Section 814(a) deals with the situation where the member of the
Foreign Service has retired but is still living. Section 814(b) deals
with the situation where the member dies, leaving a former spouse.
Section 814(a) (1) provides that, unless specified otherwise by a
court order which is given effect pursuant to section 820(b) (1), a
former spouse is entitled to 50 percent of that portion of the annuity
of the participant attributable to creditable service of the participant
performed while the former spouse was married to the participant.
Section 814(a) (2) provides that a former spouse who remarries
before the commencement of the participant's annuity and before the
former spouse reaches age 60 loses entitlement to an annuity under
section 814(a) (1).
Section 814(a) (3) provides that the former spouse's annuity com-
mences on the same date as the participant becomes entitled to an
annuity or on the date the divorce or annulment becomes final, which-
ever is later. Section 814(a) (3) provides for termination of the former
spouse's annuity upon the former spouse's remarriage before age 60
or death, or upon the termination of the participant's annuity, except
that the former unremarried spouse's annuity will continue if the
participant is recalled to service under section 308 and amounts cor-
responding to the former spouse's annuity will be deducted from the
participant's salary and deposited in the fund pursuant to section
814(a) (5) (B).
Section 814(a) (4) states that the annuity provided a former spouse
by court order or under section 814(a) may not exceed that to which
the participant is entitled, nor may a court order be given effect by
the Secretary of State if issued more than 12 months after the divorce
or annulment involved becomes final.
Section 814(a) (5) (A) provides that a participant's annuity will
be reduced by the amount of the annuity paid under section 814(a)
(1 to a former spouse.
Section 814 (a) (5) (B) provides that a recalled participant's salary
will be reduced by the amount of the annuity paid to the participant's
former spouse and that such amounts will be deposited in the fund.
Section 814(a) (6) provides that the annuity of the former spouse
of a participant retired for disability shall not commence until the
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disability annuitant would have qualified for an annuity on the basis
of creditable service. The amount of the annuity will be calculated on
the basis of the annuity for which the participant would otherwise so
qualify.
Section 814(a) (7) provides that a former spouse must make an
election pursuant to section 806(h) to receive the annuity provided
under section 814(a) (1) in preference to any survivor annuity to
which the former spouse may be entitled under a Federal Govern-
ment retirement system on the basis of a marriage to someone other
than the participant.
Section 814 (b) (1) provides that unless a survivor annuity is waived
pursuant to section 806(b) (1) (C) or a different provision is expressly
made by court order, a surviving former.spouse is entitled to a sur-
vivor annuity equal to 55 percent of the participant's annuity attrib-
utable to creditable service performed while the former spouse was
married to the participant.
Section 814(b) (2) provides that the survivor annuity (like the
annuity under section 814 (a) (1)) shall not be paid to a former spouse
who remarries before age 60 and before the annuity commences.
Section 814(b) (3) provides that the former spouse's survivor an-
nuity shall commence on the day the participant dies and. shall ter-
minate on the last day of the month before the former spouse dies or
remarries before age 60. However, a survivor annuity terminated be-
cause of remarriage shall be restored at the same rate when such re-
marriage is terminated if any lump sum paid upon termination of
the annuity is retured to the fund.
Section 814(b) (4) (A) provides that total survivor annuities with
respect to a participant may not exceed 55 percent of that participant's
annuity.
Section 814(b) (4) (B) limits survivor annuities under this section
for beneficiaries of a participant other than the former spouse to
that portion, if any, of the maximum under section 814(b) (4) (A)
that is not committed to the former spouse.
Section 814(b) (4) (C) provides that a court may not adjust the
annuity of a former spouse after the death of a participant or former
participant.
Section 814(b) (5) allows recomputation of a participant's annuity
if a former spouse's annuity rights are terminated by death or remar-
riage.
Section 814(c) (1) allows a participant or former participant pro-
viding a survivor annuity benefit to a former spouse to elect (or to
follow a court order providing for) an additional survivor annuity
for any other former spouse or spouse, if such participant passes a
physical examination prescribed by the Secretary of State.
Section 814(c) (2) provides that neither the total amount of the
survivor annuities elected or ordered under section 814(c) for any
participant or former participant, nor the survivor annuities for any
one surviving spouse or former spouse under this section and section
806(b) (3) shall exceed 55 percent, of the full amount of the partici-
pant's annuity.
Section 814(c) (3) (A) provides that the participant may fund an-
nuities elected or provided for under this subsection either through
a reduction in annuity or salary or by lump-sum payment.
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Section 814(c) (3) (b) provides that the-participant shall be charged
for additional survivor annuities elected under the subsection an
amount actuarially equivalent to the value of the survivor annuities.
Section 814(c) (3) (C) provides that if a spouse of former spouse
becomes ineligible for a survivor annuity provided under section 814
(c) (1), then the participant's salary or annuity shall be recomputed
if it had been reduced to provide for the annuity. Amounts accruing
to the fund shall be refunded to the extent they exceeded the actuarial
costs of providing benefits for such period that they were provided.
Section 814(c) (4) provides that survivor annuities provided un-
der section 814(c) shall commence on the day after the participant
dies, and shall terminate on the last day of the month before the former
spouse's death or remarriage before age 60.
Section 814(c) (5) provides that cost-of-living adjustments shall
not be applicable to annuities under this subsection, unless authorized
by regulations prescribed by the Secretary of State. Such regulations
would require higher payments by the annuitant. This prohibition
applies only to annuities payable under this subsection. As these an-
nuities are provided to an additional former spouse by the partici-
pant's choice, the annuity is funded entirely by contributions, at no
cost to the Government.
Section 814 (d) provides that section 806 (1) (which states that an-
nuities paid under this chapter shall not be less than the primary in-
surance amount until title II of the Social Security Act, shall not
apply to annuities and survivor annuities of former spouses fixed by
court order or to any additional survivor annuity provided under sec-
tion 814(c). Individuals should not be able to provide intentionally
small annuities under these sections and have the benefits increased
under this social security minimum provision.
Section 815-Lump-sum payments
Section 815 provides for the return of a participant's contributions
to the fund if the participant is separated from the Service without
becoming eligible for an annuity as a retiree under any section of this
chapter. Section 815 is identical in substance to section 841 of the 1946
act, except that the definition of "lump-sum credit" contained in sec-
tion 841 (a) of the 1946 act has been transferred to the definitions sec-
tion (section 804(8)) and the remaining subsections accordingly re-
designated. A new subsection (i) has been added providing that a por-
tion of the lump sum be paid to the former spouse of a participant.
Section 815 (a) provides for the payment of a lump-sum credit to
participants who separate from the Service without becoming eligible
for an immediate or deferred annuity. Participants become ineligible
for a deferred annuity by not requesting a refund. Section 815 (b)
provides for a lump-sum credit for contributions made during a period
of recall service that does not make the annuitant eligible for a sup-
plemental or recomputed annuity. Section 815(c) provides that if
annuity rights terminate before an annuity amount equal to the lump-
sum credit has been paid, the difference will be paid in accordance
with section 815 (f). Section 815 (d) provides that if a participant dies
and leaves no survivor eligible for an annuity or the survivor's an-
nuity rights terminate before a claim for an annuity is filed, then a
lump-sum credit shall be paid in accordance with section 815 (f) . See-
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tion 815(e) prescribes payment in accordance with section 815(f) of
any accrued but unpaid annuity owing with respect to a deceased par-
ticipant. Section 815(f) prescribes the order of precedence for pay-
m6nts of lump-sum credits under subsections (c) through (e) to sur-
vivors of the participant. Section 815 (g) prescribes the order of prece-
dence for payment of any annuity accrued and unpaid on the death
of a survivor annuitant. Section 815 (h) provides for payment of a
lump-sum credit based on contributions to the fund made by a parti-
cipant after completing 35 years of service, after such contributions
are applied toward any special contribution owing under section 805
(d). Section 815(i) prescribes limitations on the amount of a par-
ticipant's or former participant's lump-sum credit payable to a former
spouse of that participant, unless expressly provided otherwise by a
court order under section 820 (b) (1).
Section 816-Creditable service
Section 816 sets forth rules specifying periods that are creditable
toward retirement under the system. Section 816 follows section 851
of the 1946 act as amended by Executive order, except for the addition
of subsections (h) and (i), which are explained below.
Section 816 (a) authorizes credit for periods of civilian and military
and naval service under rules which are identical to rules under the
civil service retirement system. Section 816(b) authorizes credit for
unused sick leave. Section 816(c) provides for contributions by a par-
ticipant while serving as an officer or employee of an organization
composed primarily of Government employees while on approved leave
of absence without pay and authorizes credit for such periods of serv-
ice. Section 816(d) allows a participant who has received a refund of
contributions covering otherwise creditable service to make a special
contribution under section 805 in order to have such period of service
credited under the system. Section 816 (e) provides that no credit
toward annuity computation shall be made for any period of civilian
service under another retirement system unless the participant waives
the right to any annuity under such other system and makes a special
contribution to the fund pursuant to section 805 covering such service.
Section 816(f) provides that a participant who leaves the Service to
enter the military service during a period of war or national emergency
is not, deemed to have been separated from the Service for retirement
purposes for a period of 5 years unless the participant requests and
receives a lum sum payment pursuant to section 815.
Section 816(g) provides that the annuity or survivor annuity of a
participant of Japanese ancestry who was interned in the United
Maates during World War II may be recomputed to allow credit for
such period of internment upon application to the Secretary of State.
Other provisions of the new subsection provide that the Secretary of
State will take steps to identify and assist individuals who may be
entitled to credit under this subsection, and that other agencies having
information on such participants will furnish it on request to the
Secretary. This provision was extended to the Foreign Service by
Executive order.
New section 816(h) provides that. a participant who serves as a
full-time paid employee of a member or office of the Congress while
on approved leave without pay shall continue to make contributions
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to'the fund based on the salary he-would be receiving if on active duty
in the Service. The subsection also provides that the employing office
of the Congress will make a 'matching contribution to the fund and
that such periods of service will be creditable to retirement under the
system. The purpose of this new subsection is to set forth clear rules
governing the retirement obligations and benefits applicable during
? such employment. It will prevent a participant from obtaining a wind-
fall. benefit by remaining a member of the service and continuing in
Federal employment and so receiving service credit without a corre-
sponding obligation to contribute to the fund.
New section 816(i) sets forth rules for determining which periods
of service shall be considered creditable service for purposes of de-
termining benefits accorded to former spouses. Section 816(i) provides
that periods of service by a participant on approved leave without pay
as an officer or employee of an organization composed primarily of
Government employees shall be considered creditable service for cur-
poses of benefits to former spouses, even though the election required
by section 816(c) (1) or the contribution required by section 816(c) (2)
was not made. Likewise, service is creditable for purposes of former
spouse's benefits for periods for which a refund of contributions has
been made to the participant which has not been returned to the fund
by the participant through a special contribution under section 805.
Section 816(i) also provides that a 'former spouse shall not be con-
sidered to have been married to the participant for the creditable years
of service added by sections 808 (a) and 809 (e) in calculating the bene-
fits of disability annuitants and of survivors of those who died in serv-
ice, nor for additional credit for service at an unhealthful post unless
the former spouse resided with the participant at such post when the
credit was earned.
Section 817-Extra credit for service at unhealthful posts
Section 817 authorizes credit toward retirement at the rate of 11/2
years for each year of actual service at posts designated as unhealth-
ful by the Secretary of State. Such credit is in lieu of a differential
under 5 U.S.C. 5925 or 5928.
Section 818-Estimate of appropriaationa needed
Section 818 requires the Secretary of the Treasury to prepare annual
estimates of the appropriations required to be made to the Fund and to
make actuarial valuations of the System at least every 5 years. Sec-
tion 818 also authorizes the Secretary of State to expend up to $5,000
per year from the Fund for necessary incidental administrative ex-
penses of the System.
Section 819-Investment of the fund
Section 819 authorizes the Secretary of the Treasury to invest in
interest-bearing securities of the United States portions of the Fund
not necessary for immediate operations.
Section 820-Assignment and attachment of moneys
Section 820 provides for exceptions to the rule stated in section 864
of the 1946 act that moneys receivable under the System are not assign-
able (except for severance pay) and are not subject to execution, levy,
attachment, or other legal process. The number and scope of these
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exceptions were expanded by Executive order. Section 820(a) (1) per-
mits an individual entitled to an annuity from the Fund to make
allotments or assignments of amounts from such annuity for such pur-
poses as the Secretary considers appropriate. Section 820 (a) (2) au-
thorizes the assignment of severance pay benefits received in accord-
ance with section 609 (b) (1). This subsection is identical in substance
to section 634(c) of the 1946 act. Section 820(b) (1) (A) authorizes
payment in accordance with a court order of sums otherwise payable to
a former spouse pursuant to sections 814 (a), (b), (c), or 815 (b) or
(c). Section 820(b) (1) (B) provides that this will not apply if the
Secretary of State determines that the court order is inconsistent with
the requirements of chapter 8. Section 820(b) (2) provides that, ex-
cept with regard to obligations between participants and former
spouses, the Secretary of State shall make payments tinder this chapter
that would otherwise be made to an annuitant or participant in accord-
ance with an express court order. Section 820(b) (3) provides that pay-
ments will be made only after written notice and other required infor-
mation and documentation have been furnished to the Secretary. Sec-
tion 820(b) (4) provides that the fund may in no case be required to
make a second payment of the same annuity obligation to a second
individual. Section 820(b) (5) makes it clear that the requirement
that a person have been married to a participant for 10 years to qual-
ify as a "former spouse" entitled to benefits under chapter 8 does not
bar an award under state law of rights in a participant's annuity to
a spouse or former spouse not qualifying for benefits under chapter 8.
However, no payment would be made from the fund except as author-
ized by this chapter or other applicable law. Section 820 (c) restates the
former rule, as modified by new subsections (a) and (b), that moneys
payable under chanter 8 are not subieot to iemal process except as
otherwise provided by Federal law. This section does not affect 42
U.S.C. 659, which makes compensation of Federal employees subject
to legal process to enforce legal obligations for child support and
alimony.
Section 821-Payments for future benefits
Section 821 provides that any statute authorizing new or liberalized
benefits, extensions of benefits, or salary increases that increase the
liability of the Fund is deemed also to authorize appropriations to
finance the unfunded liability created by that statute in 30 equal
annual installments. Section 821 also authorizes an appropriation for
each fiscal year of the Foreign Service normal cost (cf. section 804(5) )
for that year which is not met by contributions to the Fund under sec-
tion 805 (a).
Section 822-Unfunded liability obligations
Section 822(a) provides that the Secretary of State shall notify the
Secretary of the Treasury at the end of each fiscal year of the amount
equivalent to the interest on the unfunded liability computed for that
year and that portion of disbursement for annuities attributable to
credit allowed for military service. Section 822(b) provides that the
Secretary of the Treasury shall credit such amounts as are reported
in section 822(a) to the fund out of any money in the Treasury not
otherwise appropriated. Section 822 (c) provides that requests to Con-
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gress for appropriations to the Fund under section 821 (b) shall include
reports on the sums credited to the Fund under section 822 (b). Obsolete
transitional provisions contained in the corresponding section of the
1946 act have been deleted.
Section 823-Annuity for recall service
Section 823 is identical in substance to section 871 of the 1946 act.
Section 823 (a) provides that an annuitant recalled to active duty in
the Service will receive his or her salary in lieu of an annuity and will
make contributions to the Fund while on recall service, but that the
annuity shall resume on the day following the termination of recall
service. Section 823(b) provides for refund of the annuitant's con-
tributions to the Fund during recall service which lasts a year or less,
for a supplemental annuity if the recall service lasts more than a year,
and for a recomputation of the basic annuity if the recall lasts more
than 5 years.
Section 824-Reemployment
Section 824(a) establishes a ceiling on the amount a retired member
of the Service may receive upon reemployment by the Federal Govern-
ment from his or her salary and annuity combined. While such mem-
ber may receive his or her salary regardless of amount, he or she will
be paid only so much of his or her annuity 'as, when combined with the
salary, will not exceed during any calendar year the basic salary which
the member was entitled to receive at the_time of retirement.
Section 824(b) provides that an agency or other entity of the
Federal Government that employs a retired member of the Service
shall notify the Secretary of State of such reemployment and shall pay
the member's salary directly to such member.
Section 824(c) provides for recovery (cf. section 807) of overpay-
ments of annuities made in excess of the amount to which a retired
member is entitled under section 824(a) by withholding from his or
her salary or from other moneys, including annuity payments, payable
under chapter 8 of the act.
Section 825-Voluntary contributions
Section 825, which is identical in substance to section 881 of the
1946 act, provides for the disposition of voluntary contributions to the
Fund made under prior laws authorizing such contributions. On the
date on which the participant becomes eligible for an annuity or a
deferred annuity, he or she may choose to have such voluntary con-
tributions refunded in a lump sum or used to purchase an additional
annuity or annuities.
Section 826-Cost-of-living adjustments of annuities
Section 826 provides for cost-of-living adjustments to annuities
under the System to correspond to cost-of-living adjustments of an-
nuities under the civil service retirement system.
Section 887-Compatibility between Civil Service and, Foreign Serv-
ice Retirement Systems
Section 827 provides that, whenever, a law of general applicability
is enacted which affects participants, annuitants, or survivors under
the Civil Service Retirement and Disability System and alters previ-
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ously existing conformity between that system and the Foreign Service
Retirement System, then such law shall also extend to the Foreign
Service Retirement and Disability System. The President is required
to prescribe regulations by Executive order to implement this section.
Section 827 is identical in substance to section 805 of the 1946 act.
Chapter 9-Travel, Leave, and Other Benefits
Chapter 9 carries forward the Secretary's authority to pay travel
and related expenses, and to provide for home leave, health care, and
representation allowances for Foreign Service personnel and their
families. This chapter contains no substantial changes from existing
law. It reflects the committee's continuing view that the imposition
of obligations on its .personnel by the Government carries with in at-
tendant responsibilities of the Government toward its personnel to pro-
tect their well-being and to enhance their ability to carry out their
responsibilities.
Section 901-Travel and related expenses
Section 901 brings together provisions relating to payment of travel
and related expenses for members of the Foreign Service and their
families. The authorities contained in this section will continue to be
implemented by regulations, primarily the Foreign Service Travel
Regulations. Section 901 largely derives from section 911 of the 1946
act, although provisions of section 942 relating to travel for medical
purposes have also been included.
Section 901(1), derived from section 911 (1) and (2) of the 1946
act, authorizes payment of travel and related expenses involved in
proceeding to and returning from assigned posts of duty. This includes
assignment to posts in the United States, such as the United Nations
in New York, or to the Department or certain international orga-
nizations in Washington, D.C.
Section 901(2), also derived from sections 911 (1) and (2) of the
1946 act, authorizes payment of expenses. incurred while traveling on
authorized or required home leave. Home leave is authorized by 5
U.S.C. 6305 and by section 903 of this bill.
Section 901(3), which expands section 911(10) of the 1946 act,
authorizes payment of expenses incurred when a family member ac-
companies a member of the Service on temporary duty. This provision
permits families to avoid being separated, for example, for as long as
6 months when a member is sent to Washington for consultations.
Under present law, this type of travel for family members is limited
to occasions when the temporary duty is ordered in connection with
travel to or from a new post of assignment or in connection with home
leave. This bill broadens this authority to permit its use with other
temporary duty.
This provision will also permit family members to accompany em-
ployees detailed to international conferences or given other temporary
assignments expected to last unusually long periods of time. It is un-
reasonable, except in emergency situations, to order employees to
distant posts for extraordinarily long periods without the opportunity
for their families to accompany them. It is cheaper to authorize family
members to accompany an employee on extended temporary duty than
it would be to assign the employee to the location and ship the effects.
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The committee expects the Secretary by regulation to limit applica-
tion of this new authority to situations where the temporary duty is
expected to continue for long periods of time.
Section 901(4) authorizes payment for representational travel of
a member of the Service and his or her family, subject to the limita-
tion that no more than one family member may have expenses paid
when accompanying the Foreign Service member on representational
travel outside the country of the member's assignment. Both the au-
thority and the limitations are substantially the same as under sec-
tions 911 (1) and (2) of the 1946 act.
Section 901(5), which is derived from section 942 of the 1946 act,
authorizes payment for travel to obtain necessary medical care while
abroad in a locality when there is no suitable person or facility to
provide such care. The scope of the provision has been clarified by the
inclusion of the term "`medical condition" to indicate that medical
travel may be authorized for prenatal care or other necessary medical
attention. A new provision authorizes payment of the travel expenses
of a family member incapable of caring for himself or herself at post.
This authority is particularly important with respect to infants whose
parents are medically evacuated.
Section 901(6) authorizes payment for travel for rest and recupera-
tion from posts designated by the Secretary which present significant
hardships for the members of the Service and his or her family. This
includes conditions such as danger, isolation, unfavorable climatic
conditions, or. completely inadequate recreational facilities. Such
travel is limited to one trip per 2-year tour or two trips per 3-year
tour, unbroken by home leave, but the Secretary may allow an addi-
tional trip or trips in extraordinary circumstances. Section 901(6) is
derived from section 911(9) of the 1946 act. The authority for the
Secretary to permit additional trips in extraordinary cases is added
because there are a few posts at which members of the Service en-
counter such isolation and difficult conditions that more frequent trips
for rest and recuperation are essential to the well-being of individuals
and the efficiency of operations.
Section 901(7) authorizes payment of travel expenses and trans-
portation costs incident to the departure of family members and
shipment of personal effects, including automobiles, from a post where
there is danger arising from unsettled conditions due to war, civil
strife, natural disasters, et cetera. This section also authorizes pay-
ment for the return of family members and property when the
disturbed conditions have ceased. Section 901(7) is substantially the
same as section 911(7) of the 1946 act.
Section 901(8) authorizes payment of travel expenses for two trips
a year by members of the Service to visit family members unable to
live with-?tl;e.member at post because of continuing -disturbed condi-
-tions there. Trips to visit family members located abroad may be au-
thorized so long as the .total costs paid do not exceed the cost of two
round trips at less than first class rates to the District of 'Columbia.
Section 901 ( ' derived from section 911(11) of the 1946 act. A
provision that facilities of the Military Airlift Command be used
where possible has been deleted as unnecessary. Section 901(8) covers
-those situations where families stay in Washington, D.C., but it also
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covers the case of a family which chooses to live close to the post where
the Foreign Service member is stationed when they are not permitted
to live at post.
Section 901(9) authorizes payment for emergency family visitation.
It is derived from section 911(11) of the 1946 act and is intended to
mitigate the personal hardship which is increased when great distances
separate families, because of an assignment by the Government, as is
the case when members are assigned abroad and have a personal
emergency in the United States.
Section 901(10) authorizes payment for the costs of preparing and
transporting to their home the remains of members of the Service or
their families who die abroad or while in travel status. This section is
identical in substance to section 911(8) of the 1946 act.
Section 901(11) authorizes payment for transportation of the furni-
ture and household effects of members of the Service to their duty posts
and to their places of residence upon termination of duty abroad. This
section is identical to section 911(3) of the 1946 act.
Section 901 (12) authorizes payment for packing and storing the
furniture and effects of a member of the Service. This section is derived
from sections 911 (4) and (5) of the 1946 act, although it deletes as
unnecessary a provision stating that the maximum weight of goods
stored shall not exceed the maximum weight that could be shipped
under applicable maximum combined storage and shipment allowance
stated in the Foreign Service Travel Regulations.
Section 901(13) provides explicit authorization within the require-
ments of 5 U.S.C. 5727 and 5742 for the transportation of a privately
owned motor vehicle for a member of the Service once for every 4 years
the member is serving continuously abroad. A replacement vehicle
may be transported for a. member of the Service if the Secretary deter-
mines such replacement to be necessary for reasons beyond the control
of the member and in the best interest of the Government or if, in
connection with a transfer, the cost of transportating the replacement
vehicle is less than or equal to the cost of shipping the member's present
vehicle from the former post of duty to the new- post. Section 901(13)
is derived from section 913 of the 1946 act. The provision for replace-
ment of a vehicle incident to transfer is new and should avoid the
unnecessary expense of transporting older vehicles which are about to
be replaced, often because they cannot meet the inspection require-
ments of the country in which the member is serving.
Section 901(14) authorizes payment of the travel and relocation
expenses of members of the Service and their families in connection
with assignments to or within the United States, including assign-
ments to State and local Povernmentsi. This section provides authority
similar to that contained in section 576(f) of the 1946 act with respect
to assignments to State and local governments under the so-called
Pearson program. It also permits reimbursement of relocation expenses
incurred by members of the Service on other assignments to or within
the United. State; for which they are not now authorized to be reim-
bursed and for which other employees of the Government are reim-
bursed under 5 U.S.C. 5724(a). ,Section 901(14) would also authorize
members of the Service assigned to State and local -overnments under
the. Intergovernmental Personnel Act (5 U.S.C. 3371-76) to be reim-
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bursed for travel expenses on the same basis and under the same rules
as are now authorized in connection with all other types of Foreign
Service assignments.
Section 901 (15) is new and authorizes payment for the international
portion of one round trip per year between a Foreign Service post
abroad and another country for children of members of the Foreign
? Service to visit their parents when there is a family separation. If the
trip is for a child who wishes to visit the member abroad, a payment
under this section is permitted if the member is not receiving an edu-
cation allowance or an educational travel allowance under 5 U.S.C.
? 5924(4).
More and more frequently in the Foreign Service, divorce, unset-
tled conditions at posts abroad, or the demands of a spouse's career
lead to separations of members of the Service from their children.
Members of the Service who wish to maintain contact with their chil-
dren while stationed abroad frequently find the travel costs to be pro-
hibitive. This section is designed to permit Foreign Service families
to lead as nearly normal lives as possible, given the requirement of
overseas service, so as to help retain able personnel who find them-
selves in such divided family situations. This section is another re-
flection of the view of the committee that the policies of the Govern-
ment should not force a member of the Service to have to choose be-
tween his or her career and the family.
Section 900-Loan of household effects
Section 902 authorizes the loan of household furnishings and equip-
ment to members of the Service for use in personally owned or leased
residences as a means of reducing transportation costs. Section 902 is
substantially the same as section 912 of the 1946 act.
Section 903-Required leave in the United States
Section 903 authorizes the Secretary to order a member of the Serv-
ice who is a U.S. citizen to take a statutory leave of absence in the
United States after 18 months of service abroad, and requires the Sec-
retary to do so as soon as possible after the member has completed 3
years of service abroad. Section 903 also provides that members of the
Service in the United States on statutory leave of absence may be given
work in the Department, but that such periods of work will not be
counted as leave. Section 903 is identical in substance to section 933 of
the 1946 act and conforms to the definitions of home leave contained
in 5 U.S.C. 6305.
Section 904-Health care
Section 904 combines and revises several sections of the 1946 act re-
lating to the provision of health care for members of the Service.
Section 904(a) authorizes the Secretary of State to establish a health
care program to promote and maintain the physical and mental health
of members of the Service and their families, and of other personnel of
the Department or other agencies and members of their families who
are abroad and are designated as eligible through regulation or inter-
agency agreement.
Section 904(b), which is derived from section 943 of the 1946 act,
provides that such a program may include, for example, medical ex-
aminations for applicants for employment and for Department per-
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sonnel and members of the Service and their families, and may include
inoculations and vaccinations for such personnel and family members.
It may also include examinations necessary to establish disability or
incapacity or to provide survivor benefits under chapter 8. Other
health care not specified, such as noncosmetic dental care, could also
be provided at Foreign Service posts where warranted.
Section 904(c) authorizes the Secretary of State to establish health
care facilities at posts abroad to the extent such facilities are war-
ranted. Section 904 is identical in substance to section 945 of the 1946
act.
Section 904(d), derived from section 941 of the 1946 act, author=
izes the Secretary to pay the costs of hospitalization or similar treat-
ment for individuals eligible for health care under this section. Limits
on payments may be waived if the illness, injury or medical condition
being treated was incurred, caused, or materially aggravated during
periods abroad. This subsection eliminates a specific $3 deductible
provision and a 120-day maximum coverage for payment for hos-
pitalization or similar treatment of a family member of the Service
in certain circumstances. It also eliminates the provision that treat-
ment for an illness or injury is not compensable if the condition re-
sulted from "vicious habits, intemperance, or misconduct." These pro-
visions are-outdated and it is intended that limits-on payment under
this section will be established by regulation which will permit ad-
justment to take account of the factors addressed specifically in the
1946 act.
Section 904(e) authorizes the Secretary of-State to provide health
care under this section beyond the date of separation of eligible per-
sonnel and to provide health care to family members beyond the date
of death of such personnel or of dissolution of a marriage. Section 904
(e) is derived from section 944 of the 1946 act. The provision allowing
benefits to continue after dissolution of marriage is new. It merely
avoids immediate termination of a family member's medical treatment
for a condition sustained abroad if the employee later obtains a divorce.
It is not intended to provide continuing health care for a spouse fol-
lowing a divorce when the condition is not related to service abroad.
Section 904 (f) authorizes the Secretary of State to use appropriate
funds to contract for health care where he or she deems it advisable.
The section is derived from section 941 (c) of the 1946 act and recog-
nizes that there are certain areas where good health care --is available
in country and where it is consequently not necessary to. bring in U.S.
medical personnel.
Section 905-Representation expenses
Section 905 is derived from section 901 of the 1946 act. It authorizes
the Secretary to provide for official reception and entertainment and
other representational expenses of members of the Service and family
members in order to enable the Department and the Foreign Service
to provide proper and effective representation of the United States and
its interests. The prohibition in 5 U.S.C. 5536 against extra pay for
'personnel.continues:.to be expressly inapplicable-to representation al-
lowances under this-section.
The committee strongly believes that effective representation of
U.S. interests requires adequate representation funds . as well as - an
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appreciation of the realities of diplomatic service. Currently, many
Foreign Service officers are paying such expenses out of pocket. Too
often, the United States is not well represented due to budgetary con-
straints imposed by the Congress. In fact, U.S. expenditures for repre-
sentational activities continue to fall below those of other major pow-
ers. The committee will continue to seek more adequate resources for
representation. The committee has added family members to this pro-
vision, believing that proper representation requires the recognition
that official functions include family members, particularly spouses,
without whose help official representation is often impossible. Lack of
? recognition of the realities of overseas service and the requirements
imposed by U.S. Government policies results only in placing addi-
tional burdens on Foreign Service families in this case by forcing con-
scientious officers to go out-of-pocket to make up for legitimate repre-
sentation expenses which the Government is unable to reimburse.
Chapter 10-Labor-Management Relations
This chapter establishes for the first time a statutory basis for labor-
management relations in the Foreign Service. It is based upon title
VII of the Civil Service Reform Act (chapter 71 of title 5, United
States Code) with modifications considered appropriate in the light
of experience under Executive Order 11636, which has governed labor-
management relations for the Foreign Service since 1972. As pro-
vided in section 1003(a), this chapter is applicable only to Foreign
Service components of the Department of Agriculture, the Depart-
ment of Commerce, the International Communication Agency, and the
U.S. International Development Cooperation Agency, as well as the
Department of State. References to "the Department" in this chapter
should, accordingly. be read as including all five agencies, but not other
agencies authorized to utilize the Foreign Service personnel system.
The Foreign Service is unique within U.S. Government civilian
employment systems in its characteristics of rank-in-person, world-
wide availability for periodic reassignment and supervisory responsi-
bility reaching into the junior ranks. It is to accommodate a labor
relations system to these factors that chapter 10 does not adopt the
approach of title VII of the Civil Service Reform Act, which excludes
from the scope of its labor realtions program any individual possess-
ing one or more prescribed criteria of supervisory authority.
Experience under Executive Order 11636, containing a similar def-
inition of management official, has shown this delineation between
agency management and the bargaining unit to be workable and con-
structive. The highly centralized and integrated nature of the Foreign
Service personnel system . is also conducive to maintaining this
delineation.
Section 1001-Labor-management policy
Section 1001 contains congressional findings which establish the
policy basis for the labor-management chapter and provides that this
chapter is to be construed in a manner consistent with efficient and
effective government. It is derived from 5 U.S.C. 7101.
Section 1001 (1) restates the general finding that statutory protec-
tion of the right of workers to organize, bargain collectively and par-
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ticipate through labor organizations of their own choosing is desirable
in the public interest. Section 1001(2) states the necessity for the
highest standards of performance by members of the Service and the
continuous development and implementation of modern work prac-
tices to enhance performance and efficiency.
In recognition of the unique conditions of Foreign Service employ-
ment, section 1001(3) expresses the need for a distinct framework for
the development and conduct of relationships between management
officials and organizations representing members of the Service. Chap-
ter 1 provides this framework.
Section 1002-Definition8
This section defines the basic organs of administration, personnel
categories, and labor relations terms utilized by this chapter. The defi-
nitions set the chapter's coverage and the exclusions from coverage
for individuals, agencies, and labor organizations.
Section 1002(1) defines "Authority" to mean the Federal Labor Re-
lations Authority described in 5 U.S.C. 7104 (a).
Section 1002(2) defines "Board" as the Foreign Service Labor Re-
lations Board, established by section 1006(a) of this bill.
Section 1002 (3) defines "collective bargaining" to reflect the concept
as it has existed for many years in the private sector. The definition
confirms the mutual obligation of the Department and exclusive em-
ployee representative bilaterally and in good faith to negotiate the
conditions of employment affecting employees, and to incorporate the
successful results of such negotiations into a written agreement, if
requested by either party.
Section 1002(4) defines "collective bargaining agreement" as an
agreement resulting from the collective bargaining process set forth
in this chapter.
Section 1002(5) defines "conditions of employment" to be personnel
policies, practices, and other matters affecting working conditions
which are within the discretion of the Secretary. Excluded are matters
related to prohibited political activities, designation or classification of
positions, Government-wide or multiagency responsibilities of the
Secretary affecting agencies not authorized to utilize the Foreign Serv-
ice personnel system, and matters specifically provided for by law-
for example, pay and benefits. Other important exclusions are listed
under section 1005. Conditions of employment were undefined in Ex-
ecutive Order 11636. This definition is essentially identical to that
contained in 5 U.S.C. 7102(a) (14), as added by the Civil Service
Reform Act of 1978.
Section 1002(6) defines "confidential employee" as one who acts in
a confidential capacity with respect to an individual who formulates or
effectuates management policies in the field of labor-management rela-
tions. This definition follows that contained in 5 U.S.C. 7103 (13) .
Section 1002(7) defines "dues" generically to mean dues, fees, and
assessments.
S?ction 1002(8) defines "employee" to include U.S. cit?en members
of the Foreign Service, or former members whose employment ceased
because of an unfair labor nractice under section 1015. Excluded are
management officials. confidential employees. consular agents, and any
participant in a strike in violation of 5 U.S.C. 7311. The exclusions
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parallel those in the Civil Service Reform Act of 1978 (5 U.S.C. 7103
(a) (2) (i)-(iv) ). The definition of employee is central to chapter 10
in establishing those individuals eligible for labor organization
representation.
Section 1002(9) defines "exclusive representative" to mean any
labor organization which is certified as the exclusive representative of
employees under section 1011. It parallels the definition contained in
5 U.S.C. 7103 (16) , but omits the "grandfather clause" as unnecessary.
Section 1002(10) defines "General Counsel" to mean the General
Counsel of the Federal Labor Relations Authority.
Section 1002 (11) restates without substantive change the definition
of "labor organization" in 5 U.S.C. 7103 (4).
Section 1002(12) defines "management official" to include a chief
of mission, principal officer, a Presidential appointee, one who holds
a position of comparable importance, a deputy to any of the fore-
going, a person assigned to carry out functions of the Inspector General
of the Foreign Service, or one engaged in the administration of this
chapter or in the formulation of personnel policies and programs of
the Department. Management officials and employees acting in a con-
fidential capacity to those officials constitute agency management
responsible for representing the interests of the U.S. Government in
dealing with the labor organization representing the Department's
employees. This definition establishes the delineation between the bar-
gaining unit and management. Because of the unique nature of the
Foreign Service, this definition of a bargaining unit is not intended
to be a precedent for any other Federal personnel system.
Section 1002(13) defines "Panel" to mean the foreign Service Im-
passe Disputes Panel, established by section 1010(a) of this bill.
Section 1002 (14) restates without substantive change the definition
of "person" in 5 U.S.C. 7103 (1).
Section 1003-Application
Section 1003(a) provides that chapter 10 shall apply only with re-
spect to the following agencies which regularly employ career mem-
bers of the Foreign Service : The International Communication
Agency, the U.S. International Development Cooperation Agency,
and the Departments of State, Commerce, and Agriculture.
Sections 1003 (b) and (c) authorize the. President to exclude by
Executive order any subdivision of the Department from coverage
under this chapter for national security requirements, or to exclude a
Foreign Service post temporarily in emergency situations. Subdivi-
sions of the Department subject to such exclusion must have as a pri-
mary function intelligence, counterintelligence, investigative, or na-
tional security work. This section is similar to 5 U.S.C. 7103 (b).
Section 1004-Employee rights
Section 1004 guarantees employees the right to form, join, or assist
a labor organization, or to refrain from such activity.
These rights include acting as a representative of a union and pre-
senting its views to the Secretary, Congress, or other authorities, as
well as negotiating conditions of employment through representatives
chosen by employees. This statement of basic employee rights existed
in substantial part in section 1(a) of Executive Order 11636, and
parallels the Civil Service Reform Act (5 U.S.C. 7102).
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Section 1005-Management rights
Section 1005 (a) reflects the public policy against the Department
being required to bargain on basic Federal Government management
prerogatives. Bargaining is not required on such matters as the mission,
budget, organization, number of individuals in the Service and in the
Department, and internal security practices of the Department; the
right to hire, assign, direct, lay off and retain employees, or to suspend,
remove, or take other disciplinary action against such individuals and
the right to determine the number of members of the Service to be
promoted and to affect promotions as permitted under section 605 (b) ;
to assign work, contract out, and determine personnel by whom opera-
tions shall be conducted; to fill positions from any appropriate sources;
to require uniform personnel policies and procedures between or among
agencies covered by this chapter; and to take necessary actions in an
emergency to carry out the Department's mission.
Section 1005 (b) permits the Department to decide to negotiate with
a labor organization on a number of issues. At the election of the De-
partment, negotiation may take place on the number, types, and classes
of employees or positions assigned to any organizational subdivision,
work project, or tour of duty, or on the technology, methods, and
means of performing work. The Department and the labor organiza-
tion may also negotiate on the procedures which management officials
of the Department will observe in exercising any of the functions
under section 1005, and on appropriate arrangements for employees
adversely affected by the exercise of any of these functions by such
management officials.
This section, which parallels 5 U.S.C. 7106, makes explicit the dis-
tinction which arose from interpretation of the management rights
provision under Executive Order 11636. While management's decision-
making in exercising the reserved rights is nonnegotiable, the proce-
dures which management officials will observe in exercising their func-
tions are within the obligation to negotiate. However, management is
not obligated to negotiate over a procedure so cumbersome or time
delaying as to negate, in essence, the exercise of a reserved management
right. The exclusion of matters from the scope of collective bargain-
ing by this section is not intended to impede full discussion between
the Department and the exclusive representative on basic issues af-
fecting the careers of members of the Service.
Section 1006-Foreign Service Labor Relations Board
Section 1006 provides for the Foreign Service Labor Relations
Board (FSLRB) to be established within the Federal Labor Relations
Authority.
The FSLRB is chaired by the Chairman of the Federal Labor Rela-
tions Authority (FLRA) and has two executive level V public mem-
bers appointed by the Chairman upon nomination by affected agencies
and labor organizations. FSLRB members are removable only for
cause after notice and a hearing.
Section 1007-Functions of the Board
Section 1007 provides that the FSLRB is charged with supervising
elections and certifying exclusive bargaining agents; deciding unfair
labor practice complaints and issues relating to the obligation to bar-
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gain in good faith; resolving disputes concerning the effect, interpre-
tation, or breach of a collective bargaining agreement; and taking
other actions necessary to effectuate the provisions of this chapter.
Decisions of the FSLRB are to be consistent with FLRA decisions,
except where special circumstances require otherwise. FSLRB deci-
sions will not be precedents for the FLRA, but the committee expects
that there will be a recognition. by the FLRA of the precedential value
of FSLRB decisions to the Foreign Service generally. The FSLRB
possesses broad authority to prescribe regulations concerning its func-
tions and the obligations of the Department and labor organizations
thereunder, to interpret and apply the provisions of this chapter, to
issue major policy determinations, to issue cease and desist and re-
medial action orders, and to defend or seek enforcement of its orders
in the U.S. Court of Appeals for the District of Columbia in the same
manner as is applicable to the Federal Labor Relations Authority un-
der the Civil Service Reform Act. Administrative and staff support
will be provided by the Federal Labor Relations Authority.
Executive Order 11636 charged the Employee-Management Rela-
tions Commission (EMRC) with the basic functions now assigned the
FSLRB. However, the EMRC was wholly comprised of Government
officials, and its orders were not subject to judicial review and enforce-
ment. While the EMRC performed with distinction and was accepted
by the Department and affected exclusive employee representatives,
Foreign Service labor-management relations have evolved to the stage
where third-party administration should be conducted by a body hav-
ing every appearance of total impartiality in addition to de facto
neutrality.
Section 1008-Functions of the General Counsel
Section 1008 provides that the General Counsel of the FLRA may
investigate alleged unfair labor practices, file and prosecute complaints
under chapter 10, and exercise such other functions as the FSLRB
prescribes. The functions of the General Counsel are intended to be
the same as under chapter 71 of title 5, United States Code.
Section 1009-Judicial review and enforcement
Section 1009 (a) provides that, except with respect to implementa-
tion dispute decisions of the Foreign Service Grievance Board, which
are excluded from judicial review by section 1014(d), any person
aggrieved by an FSLRB order may appeal to the U.S. Court of Ap-
peals for the District of Columbia within 60 days. Section. 1009(b)
provides that the FSLRB may petition the D.C. Circuit Court of
Appeals for enforcement of FSLRB orders or for appropriate tem-
porary relief or a restraining order. Section 1009(c) provides that
standards applicable to judicial review and enforcement of FLRA
orders also apply to the FSLRB. Section 1009(d) provides that tem-
porary relief may be provided by the U.S. District Court for the Dis-
trict of Columbia against a person or persons formally charged under
section 1016 with engaging in an unfair labor practice.
Section 1010-Foreign Service Impasse Disputes Panel
Section 1010 provides for a Foreign Service Impasse Disputes Panel
(the "Panel") within the Federal Labor Relations Authority. The
Panel, like its namesake operating under Executive Order 11636, will'
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88:
resolve negotiation impasses between the Department and the exclu-
sive bargaining representative. The Panel will carry over the basic
composition of its predecessor. The Panel's decisions will be final and
binding upon the parties unless the partes agree otherwise.
Section 1011-Exclu8ive recognition
Section 1011 sets forth the requirements for exclusive recognition
and the grounds for denial of exclusive recognition. This provision rec-
ognizes the unique requirements for exclusive representation of a
Foreign Service scattered over 283 separate posts throughout the
world.
Section 1011 (a) directs the Department to accord exclusive repre-
sentation to a labor organizaton selected -by secret ballot by a majority
of the unit's employees who cast valid ballots in the election.
Section 1011(b) sets forth procedures to be followed when a question
of representation arises. Section 1011 (c) defines those labor organiza-
tions which may intervene with respect to a petition filed under sec-
tion 1011(b).
Section 1011(d) states that the Board shall determine those eligible
to vote in any election under this section and shall establish regula-
tions governing such elections. The Board is also directed to conduct
preferential elections when more than two choices are contained on
the ballot to obviate the undue expense and time consumption of run-
off worldwide mail ballot elections.
Section 1011(e) requires any labor organization seeking exclusive
recognition to submit to the Board and to the Department a roster of
its officers and representatives, a copy of its constitution and bylaws,
and a statement of its objectives. This information will aid the Board
in making determinations under section 1011(f) .
Section 1011(f) states the grounds for denial to a labor organiza-
tion of the status of exclusive representative. These include a deter-
mination that, the labor organization is subject to corrupt influence,
or influences opposed to democratic principles or a finding that, in the
case of a petition filed under section 1011(b) (1) (A), there is not
credible evidence that at least 30 percent of the employees wish to
be represented by that labor organization.
Section 1011 (g) states that nothing in this section shall be construed
to prohibit the waiving of hearings by stipulation for the purpose of
a consent electors under the rules and regulations or decisions of the
Board.
Section 1012-Employees represented
Section 1012 provides for a single bargaining unit consisting of all
Foreign Service employees of each agency affected by this chapter,
excluding personnel officers, investigators, and those who audit the
work of individuals for .certain purposes. Executive Order 11636 con-
templated a Department worldwide bargaining unit, a requirement
carried forward in this bill because of the highly centralized Foreign
Service personnel system and the constant and regular worldwide
movement of all Foreign Service personnel.
The concept of a single agencywide bargaining unit reflects the fact
that the most essential features of the Foreign Service-promotions
by selection boards, worldwide assignability, and special benefits-are
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applicable to all employees regardless of rank or occupation. Bargain-
ing units embracing only a segment of the Service, whether on a func-
tional, organizational, or geographic basis, would not possess signifi-
cant stability of personnel to permit effective dealings or efficiency of
agency operations. Questions of representation could arise frequently
as different individuals were assigned to and from the bargaining
unit.
It is true that communicators, political officers, and secretaries, for
example, do have different interests, primarily in the area of enhancing
professional competence. These differences, however, are overshadowed
? by a broad area of commonality of interest.
Moreover, a representative of employees in a bargaining unit con-
sisting of only one segment of the Service within an agency could
negotiate only on the very limited range of issues which are within
the authority of the head of that segment of the Service. This would
result in substantially less effective representation for employees.
The committee, therefore, believes that it would not serve the best
interests of the Service to fragment a small Foreign Service along the
lines of rank, occupation, geography, or on any other basis. This chap-
ter accordingly reflects the need for a highly centralized Foreign Serv-
ice personnel s'rstem.
Section 1013- Representation rights and duties
Section 1013(a) requires an exclusive bargaining representative to
represent the intrests of all employees in the unit without regard to
labor organization membership. Exclusive bargaining representatives
are entitled to act for, and negotiate collective bargaining agreements
on behalf of, all unit employees.
Section 1013 ('b) states that the exclusive representative is entitled
to be present during personnel-related meetings (including meetings
concerning grievances) between the Department and one or more
employees, and to be present when requested by an employee who is
subject to Department examination and who reasonably believes that
the examination may result in disciplinary action against him or
her..
Section 1013(c) requires the Department and the exclusive repre-
sentative to negotiate in good faith. The obligations growing out of
this duty are set forth in section 1013 (e).
Section 1013 (d) provides that the rights of the exclusive repre-
sentative shall not preclude an employee from being represented by
an attorney or other representative of the employee's choosing in any
separation-related proceeding or from exercising grievance or appeal
rights established by law or regulation.
Section 1013(e) sets forth the mutual obligations of the Department
and the exclusive representative to conduct negotiations with the ob-
jective of reaching agreement. Therefore, obstacles to such good faith
negotiating are to -be minimized.
Section 1013 (f) states that any agreement between the Department
and the exclusive representative shall be subject to the approval of
the Secretary. Unless the Secretary finds in writing that the agree-
ment is contrary to law, he or she must approve the agreement within
30 days. If approved, the agreement becomes effective 30 days from
its execution.
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Section 1013(g) also provides for consultation with the exclusive
representative on matters which are excluded from the scope of col-
lective bargaining because they involve interagency responsibilities of
the Secretary. Under this section, the exclusive representative will,
for example, be given an opportunity to express views on such issues
as proposed significant changes in the Standardized Regulations (Gov-
ernment, Civilians, Foreign Areas), which prescribe overseas allow-
ances and differentials in implementation of 5 U.S.C. 5921-5925 for
personnel of all agencies.
Section 1014-Resolutiov, of implementation disputes
Section 1014 establishes a procedure for the resolution of disputes be-
tween the Department and the exclusive representative which arise
out of the implementation of collective bargaining agreements. This
section is modeled after 5 U.S.C. 7121, and 7122 as those provisions
relate to such "institutional" grievances.
Section 1014(a) provides that a dispute over the effect, interpreta-
tion, or a claim of breach of a collective bargaining agreement shall be
resolved by negotiated procedures, which shall include provision for
appeal to the Foreign Service Grievance Board. (The Grievance Board
is the statutory equivalent for the Foreign Service of the third-party
arbitration of individual civil service employee grievances under title
VII of the Civil Service Reform Act.)
Section 1014(b) provides for review of Grievance Board actions by
,the Foreign Service Labor Relations Board at the request of either
party. The scope of such review is the same as that of Federal Labor
Relations Authority review of arbital awards under 5 U.S.C. 7122.
Section 1014(c) provides that Foreign Service Grievance Board
action becomes final and binding on the parties to an implementation
dispute if no request for review is filed within 30 days. Section 1014(d)
..provides that resolutions of disputes under this section are not subject
to judicial review. These subsections parallel the Civil Service Reform
Act (cf. 5 U.S.C. 7122(b), 7123(a) ). This subsection does not affect the
right of judicial review of an individual grievance as provided by sec-
tion 1110 of the bill.
Section 1015-Unfair labor practices
Section 1015 identifies unfair labor practices in a manner consistent
with 5 U.S.C. 7116. Some unfair practices are of such a nature that
they could be committed by either the Department or a labora organi-
zation. Others could be committed only by the Department or only by a
labor organization.
Unfair labor practices by either a labor organization or the Depart-
ment include the following :
Interfering with employee rights under the chapter;
Refusing to consult or negotiate in good faith;
Failing or refusing to cooperate in impasse procedures or decisions;
Otherwise failing to comply with any provisions of the chapter.
Unfair labor practices by the Department include the following :
Encouraging or discouraging union membership;
Cponsoring or controlling a union ;
Taking a reprisal against an employee for filing a complaint under
this chapter;
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Enforcing agency regulations that conflict with a preexisting nego-
tiated agreement.
Unfair labor practices by labor organizations include the following:
-Attempting to cause the agency to discriminate with regard to
an employee's exercise of labor relations rights;
-Hindering a member's productivity or discharge of duties as an
employee;
-Discriminating with regard to membership for prohibited
reasons;
-Denying membership except for specified reasons ;
-Calling or engaging in a strike or slowdown, or picketing that
interferes with Government operations, or condoning such activity
by failing to take action to prevent or stop it.
The committee wishes to note that, while overseas picketing is pro-
hibited as inappropriate, informational picketing in the United States
is not. The committee does not intend that the exclusive representative
be held responsible for unauthorized picketing if it had no part in
encouraging or inciting such activity.
Section 1015(c) sets forth a protection for the expression of per-
sonal views concerning the election or the Government's policy relat-
ing to labor-management relations and representation generally. If
they contain no threat of reprisal or force or promise of benefit and
were not made under coercive conditions, such views, arguments,
opinions, or statements shall not constitute an unfair labor practice or
grounds for setting aside an election conducted under this chapter.
Section 1015 (d) provides an election of remedies corresponding to
5 U.S.C. 7116(d) which precludes the consideration of a complaint
both as an unfair labor practice and under grievance procedures.
Section_1016-Prevention of unfair labor practices
Section 1016 requires the General Counsel of the Federal Labor
Relations Authority (FLRA) to investigate charges of unfair labor
practices by the Department or by a labor organization. The General
Counsel may issue a complaint pursuant to such charges, in which case
a hearing will be held before the FSLRB or its designee. To the ex-
tent practicable the hearing will be similar to a trial, in accordance
with standards set forth in the Federal administrative procedure pro-
visions of title V, United State Code, but formal rules of evidence will
not apply. If the hearing substantiates the charge of unfair labor prac-
tice, then a cease and desist order will be issued or other appropriate
relief ordered. If no unfair labor practice is proven, the complaint
will be dismissed.
Section 1017-Standard of conduct for labor organizations
Under section 1017, recognition shall be accorded only to labor or-
ganizations which are free from corrupt influence or influences op-
posed to basic democratic principles. This section is derived from 5
U.S.C. 7120.
Standards of conduct for labor organizations are administered and
enforced by the Assistant Secretary of Labor for Labor-Management
Relations. Labor organizations must file financial and other reports
with the Assistant Secretary.
The Foreign Service Labor Relations Board must withdraw ex-
clusive recognition or take other appropriate disciplinary action if
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the labor organization is found to have violated the prohibition against
strikes, work stoppages, or slowdowns.
The Employee -Management Relations Commission performed the
foregoing oversight function under Executive Order 11636, but this
function is more appropriately placed with the Assistant Secretary
of Labor for Labor-Management Relations because of the latter's long
experience and expertise in this area, and in the interest of consistent
administration.
Section 1018-Administrative provisions
Section 1018 prescribes basic policies regarding dues allotments
(which are cost-free to exclusive employee representatives and revoca-
ble at 1-year intervals) : official time for employees who negotiate and
participate in other proceedings on behalf of labor organizations; and
prohibitions on the use of official time for activities relating to the in-
ternal business of a labor organization.
Chapter 11-Grievances
This chapter essentially reenacts part J of title VI of the 1946 act.
Some changes are made to conform to the style of this bill and for
reasons of clarity and organizational format. Obsolete provisions are
deleted, and the exclusive representative of employees in a bargaining
unit is made the exclusive party who can invoke the jurisdiction of
the Foreign Service Grievance. Board on behalf of employees in the
unit.
Section 1101-Definition of grievance
Section 1101(a) (1) carries forward the definition of grievance con-
tained in section 692(l) (B) of the 1946 act. "Grievance" is broadly
defined to encompass any act, omission, or condition subject to the
Secretary's control and which is alleged to deny a U.S. citizen member
of the Foreign Service rights and benefits authorized by law or regula-
tion, or otherwise to constitute a source of concern or dissatisfaction
to the member. Some examples are listed, but the list is not intended to
be exhaustive. These include separation; alleged violation, misinter-
pretation, or misapplication of laws, regulations or published policy
affecting terms and conditions of employment or career status; dis-
ciplinary actions; dissatisfaction with the working environment, which
includes allegations of sexual harassment; prejudicial or potentially
prejudicial defective entries in an employee's official personnel file;
alleged reprisals for participating in the grievance procedures; and
alleged wrongful denial of allowances; premium pay or other financial
benefit.
Section 1101(a) (2) expands a parentliet.ical clause in section 692
(1) (B) of the 1946 act, which permitted an agency and the exclusive
representative of the employees of that agency to agree to exclude addi-
tional matters from the grievance procedure. Under section 1101
(a) (2), the agency and the employee organization may modify the
scope of grievances as stated in the bill, not only to exclude additional
matters but also to include matters now excluded. This will permit the
parties to a collective bargaining agreement to agree on additional
functions for the Foreign Service Grievance Board which are com-
patible with the Board's primary responsibilities.
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Section 1101(b) is patterned on that part of section 692 (1) (B) of
the 1946 act which specifies the subjects on which grievances may not
be filed. Other than deletion of the reference to judgments relating to
examination for appointment, which is deleted as unnecessary, and the
addition of a reference to tenure boards (cf. section 306(b) ), and
limited career extensions, the exceptions are identical to those in the
1946 act.
Section 1101(c) provides that chapter 11 shall apply only to the
Departments of State, Agriculture, and Commerce and to the Inter-
national Communication Agency and the U.S. International Develop-
ment Cooperation Agency.
Section 1102-Grievances concerning former members
Section 1102 carries forward section 692(1) (C) of the 1946 act.
Former members of the Foreign Service, or their survivors, may file
grievances within the period specified in section 1104, but only with
respect to an alleged wrongful denial during the period of service of
an allowance or other financial benefit. Consistent with current prac-
tice of the Foreign Service Grievance Board, matters which have only
a consequential effect upon financial benefits are not covered by this
section. It is the committee's expectation that any member faced with
imminent separation will have adequate opportunity to file a griev-
ance if he or she wishes to do so.
Section 1103-Freedom of action
Section 1103(a) carries forward the first part of section 692(5) of
the 1946 act. It protects participants in the processing of a grievance
from any restraint, interference, coercion, harassment, discrimination,
or reprisal.
Section 1103 (b) and (c) carry forward the remainder of section 692
(5) of the 1946 act. This section provides for the right of representa-
tion and for making witnesses available. The provision on representa-
tion has been modified to provide that a member of a bargaining unit
represented by an exclusive representative may be represented only
by that exclusive representative, except where the grievance concerns
separation of the grievant from the Service. A member of the bargain-
ing unit has a right to represent himself or herself with respect to a
grievance, but the exclusive representative retains the right to be pres-
ent at grievance proceedings. A grievant who is not a member of the
bargaining unit or whose grievance concerns separation has the right
at every stage of the proceeding to representation of his or her own
choosing
The Grievance Board occasionally must interpret the meaning or
intent of agency regulations which derive from agreements between
the agency and the exclusive representative. Since the exclusive repre-
sentative is a necessary party in any such grievance, it is permitted to
bepresent at grievance proceedings even when it is not presenting the
grievance.
Section 1103 (d) carries forward section 692 (15) of the 1946 act. It
authorizes the Grievance Board to protect against disclosure of pro-
ceedings or findings with respect to a grievant and requires the Depart-
ment to maintain confidentiality.
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Section 1103(e) carries forward section 692(9) of the 1946 act, by
requiring the Department to expedite the proceeding of security clear-
ances.
Section 1104-Time limitations
Section 1104(a) carries forward section 692(3) of the 1946 act. It
excludes consideration of any grievance under these procedures not
presented within a period of 3 years after-the occurrence or occurrences
giving rise to the grievance. A new provision has been added, stating
that the 3-year period may be shortened by agreement between the De-
partment and the exclusive employee representative. The section also
authorizes the Grievance Board to exclude from the 3-year (or shorter
agreed) maximum period, the period during which the grievant was
unaware of the grounds for the grievance and could not have dis-
covered such grounds through reasonable diligence.
Section 1104(b) is based on section 692(1) of the 1946 act. It pro-
vides for the Department and the exclusive representative to negotiate
procedures for Departmental review of grievances. The exclusive rep-
resentative or an individual employee, who is not a member of the
bargaining unit or whose grievance is based on separation, may file a
grievance with the Board if his or her grievance is not resolved under
the Department procedures within 90 days of written presentation.
Section 1105-Foreign Service Grievance Board
Section 1105 is derived from section 692(2) of the 1946 act and pro-
vides for the continuation of the Board established under the 1946 act.
The Grievance Board consists of not fewer than five members. Ap-
pointees may not be serving as officers or employees of the Department
or as members of the Service.
Members of the Board shall be appointed for 2-year terms by the
Secretary of State from nominees approved by the agency manage-
ment and the exclusive employee representative(s). If the agencies and
exclusive representative(s) fail to agree, the nominees will be deter-
mined by parties striking names from a list of nominees. Nongovern-
mental employee members of the Board, including retired Federal
Government annuitants, are compensated at the daily rate of GS-18.
Section 1105(d) insulates Board members from removal unless the
Secretary of State finds, under prescribed due process procedures, cor-
ruption, neglect of duty, malfeasance, or demonstrated incapacity of a
member to perform his or her functions.
Section 1105 (e) authorizes the Department to provide the Board
with physical and personnel resources for performing its functions.
Section 1106-Board procedures
Section 1106 carries forward section 692 (4), (10) and (11) of the
1946 act.
Section 1106(1) authorizes the. Grievance Board to adopt regula-
tions concerning its organization and procedures, but requires it to
conduct a hearing at the request of a grievant in any case involving
disciplinary action, a gn.evant's retirement from the Service under
section 607 or 608 or issues which the Board decides can bet be resolved
through hearing or oral argument.
Section 1106 (2) provides that the grievant, the representatives of the
grievant, the exclusive representative (in cases where the grievant is
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a member of the bargaining unit represented by the exclusive repre-
sentative), and the Department's representatives are entitled to be
present at the hearing. Furthermore, after considering the views of the
parties and other individuals connected with the grievance, the Board
may decide that a hearing should be open to others. The committee
notes that this discretion is provided to the Board in recognition of
the fact that it is not always desirable, in the interests of an individual
grievant, to open a grievance proceeding to the.public. This discretion
allows the Board to admit individuals with or without restrictions
concerning who may attend.
Section 1106(3) provides that parties shall be free to examine and
cross examine witnesses and present documentary, evidence which is
not unduly repetitious within the bounds of relevance and materiality.
Section 1106(4) authorizes the parties to engage in prehearing dis-
covery through interrogatories and depositions subject to the afore-
mentioned standards.
Section 1106(5) requires that a Grievance Board hearing shall re-
sult in a verbatim transcript. Hearing testimony shall be given by
oath or affirmation.
Section 1106(6) provides that in cases where the Board holds no
hearing its record of proceedings shall be fully available to the parties
for review and supplementation by the parties, and the Board shall
base its decision solely upon the record.
Section 1106(7) permits the Board to conduct hearings through
panels.
Section 1106(8) authorizes the Board to grant a grievant interim
relief by ordering the Department to suspend actions in the nature of
separating, disciplining, or recouping moneys from a grievant, where
related to a grievance pending before the Board. The Board's au-
thority to grant interim relief does not affect the authority of an agen-
cy head, chief of mission, or principal officer to exclude a grievant
from official premises or from performance of official functions for
good cause as stated in writing.
Section 1106(9) is new but reflects existing practice of the Board.
It states the grounds upon which. reconsideration by the Board may be
requested.
Section 1107-Board decisions
Section 1107 carries forward section 692 (12), (13), and (14) of the
1946 act.
Section 1107 (a) provides that the Board must decide grievances
expeditiously. It must make decisions setting forth findings of fact
and the rationale for the decisions.
Section 1107(b) authorizes the Board to order the Department to
take prescribed courses of action, within the limitations of the Secre-
tary's authority. These may include such actions as correcting official
personnel records, reversing disputed decisions affecting the grievant,
retention of the member in the Service, reinstatement of the grievant
and the granting of back pay, and the payment of reasonable attorney's
fees to the same extent and in the same manner as is provided for em-
ployees who prevail before the Merit Systems Protection Board. Under
the Civil. Service Reform Act, the Merit Systems Protection Board may
order an agency to pay attorney's fees to prevailing employees when
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96,
such an award is warranted in the interest of justice, including any
case in which the agency engaged in a prohibited personnel practice
or any case in which the agency's action was clearly without merit.
While title II of this bill also amends the Back Pay Act to permit the
award of attorney's fees in cases where back pay is also awarded, no
provision is made for cases where the grievant prevails but no back
pay is awarded. This paragraph permits awards in such cases.
Section 1107(c) provides that the Department must comply with
such remedial orders unless it seeks judicial review as provided in
section 1110. To assure administrative finality, only judicial review is
permitted.
Section 1107(d) provides that the Grievance Board may recommend
to the Secretary, rather than order, remedial action relating to the
promotion or assignment of the grievant, other remedial action not
provided for in section 1107, or appropriate disciplinary action. The
Secretary may within 30 days modify or reject a Grievance Board
recommendation upon a determination that implementation of the
Board's recommendation would be contrary to law or would adversely
affect the foreign policy or security of the United States, but must
state the rationale for so doing in writing. In performing this func-
tion, however, the Secretary may not communicate ex parte with any
persons involved in the Grievance Board proceeding.
Section 1108-Access to records
Section 1108 derives in part from section 692(7) and (8) of the
1946 act.
Section 1108 (a), which is new, provides that an agency's denial to a
grievant of access to an agency record may be raised by the grievant in
connection with the grievance.
Section 1108(b) provides that the Board shall have broad access to
any agency record it deems relevant and material to the grievance. Any
requested agency record may be withheld only upon certification in
writing by the agency head or his or her deputy that disclosure of the
record to the Board and the grievant would adversely affect the for-
eign policy or national security of the United States or that such dis-
closure is prohibited by law. If such a certification is made, the agency
is required to supply to the Board a summary or extract of the record
unless the above reasons also preclude a summary or extract.
Section 1108 (c) requires the Board to turn over to the grievant rele-
vant and material agency records so obtained.
Section 108(d) provides that in considering a grievance, the Board
may take into account the denial to the grievant or the Board of access
to an agency record which the Board determines is or may be relevant
and material to the grievance.
Section 1108(e) provides that the grievant. shall be permitted access ?
to the record of proceedings and the decision of the Board in the
grievance.
Section 1109-Relationship to other remedies
Section 1109 carries forward section 693 of the 1946 act. It precludes
a grievant, from seeking relief under these grievance procedures when
he or she has begun to seek relief under another provision of law, regu-
lation, or Executive order, other than 5 U.S.C. 1206 relating to the
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special Counsel of the Merit Systems Protection Board. The grievant
will be bound by his or her election to use these grievance procedures
or the other procedures. This election of remedies provision modifies
the general exclusion of matters subject to another specific statutory
hearing procedure under section 1101(b) (4), by providing that a
grievant may elect to seek relief under this chapter of a complaint
that is also cognizable under chapter 12 of title 5, United States Code.
Section 1110-judicial review
Section 1110 carries forward section 694 of the 1946 act. It provides
that any aggrieved party may obtain judicial review of a final action
of the Secretary or the Grievance Board. Suit may be filed in the dis-
trict courts of the United States in accordance with chapter 7 of title
5, United States Code. The standard of judicial review is containdd in
5 U.S.C. 706.
TITLE II-TRANSITION, AMENDMENT TO OTHER LAWS, REPEALS,
AND MISCELLANEOUS PROVISIONS
Chapter 1-Transition
The transition chapter sets forth the provisions necessary to enable
the employees of agencies affected by this bill to convert to the For-
eign Service Schedule, the Senior Foreign Service, or to the civil serv-
ice, as appropriate. Since the tests of conversion to the Foreign Service
include the commitment of the employee to worldwide availability
and the existence of the appropriate skills for positions abroad, this
chapter provides procedures for the use of these criteria and, with one
exception for certain International 'Communication Agency (ICA)
employees, a maximum 3-year period for conversion to be completed.
After the 3-year period has run, the provisions of this chapter will no
longer be operative.
Section 2101-Pay and benefits pending conversion
Section 2101 provides (except with respect to ICA employees within
the coverage of section 2104 (b)) that members of the Foreign Service
eligible for conversion under sections 2102 and 2103 shall receive pay
and other benefits as if converted on the effective date of the bill. This
is consistent with the fact that virtually all other provisions of the
bill will become effective on that date.
Section 2102-Conversion to the Foreign Service Schedule
Section 2102 provides authority for the conversion of present mem-
bers of the Service, including Foreign Service officers, Foreign Service
Reserve and Reserve Unlimited officers, and Foreign Service Staff
officers and employees, to appropriate classes in the New Foreign Serv-
o ice Schedule. To be converted under this section, personnel must be
available for assignment abroad. Section 2102 (b) provides that per-
sonnel who are not available for worldwide assignment within a maxi-
mum of 3 years from the effective date of this bill will be converted to
the Foreign Service Schedule only if the Secretary certifies that there
is need for their services in the Foreign Service. Furthermore, the in-
dividual must accept in writing the obligation for worldwide assign-
ment. Otherwise they will be converted to the civil service under see-
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tion 2104. This section is intended to eliminate the continued presence
in the Foreign Service of personnel who serve only in the United
States. It is not intended to affect personnel who have served abroad
and whose availability for assignment abroad is temporarily inter-
rupted by personal circumstances. Moreover, the committee expects
that the agencies will aggressively seek positions for those individuals
who wish to remain in the Foreign Service. In some circumstances, this
may require some training to increase expertise in another skill code.
To the extent practicable, the committee urges the agencies to assist
employees accordingly.
Section 2103-Conversion to the Senior Foreign Service
Section 2103 provides generally for conversion into the new Senior
Foreign Service. Although the Senior Foreign Service is broadly pat-
terned after the Senior Executive Service, a number of differences
have been noted. This section illustrates still another departure from
civil service practice. Under the Civil Service Reform Act of 1978,
senior employees in domestic positions were given the choice to join,
or not to join, the new Senior Executive Service. This bill provides
little choice for Senior Foreign Service officers. Either Foreign Serv-
ice officers at FSO-1 and FSO-2 levels choose to apply for conversion
into the Senior Foreign Service or they must leave the Service within
3 years. This forced conversion is justified both by the "up-or-out"
nature of the Foreign Service and by the fact that, unlike the new
Senior Executive Service, members of the Foreign Service are not
being asked to convert to an entirely different personnel system. When
supergrades were asked to convert to the Senior Executive- Service,
they were asked to give up all protections of a rank-in-position, tenured
system. Those senior officers who will be considering conversion are
being asked to switch from a rank-in-person system with some tenure
insecurity to another rank-in-person system with slightly greater inse-
curity. Since the change is less drastic, the employee protections are
fewer.
Section 2103(a) provides that worldwide-obligated Foreign Serv-
ice officers and Reserve officers (with limited and unlimited tenure)
serving under appointments at class 2 or higher may elect to enter the
Senior Foreign Service within 120 days following the effective date
of the bill (October 1, 1980).
Section 2103(b) provides that the Secretary shall grant a limited
Senior Foreign Service appointments to a Reserve officer with limited
tenure who makes an election under subsection (a). Section 2103(c)
provides that the Secretary shall recommend to the President a career
appointment in the Senior Foreign Service of a Foreign Service officer
or Reserve officer with unlimited tenure who makes such an election.
Section 2103 states an exception for Reserve officers who are not cur-
rently available for assignment abroad. Such officers will be allowed to
enter the Senior Foreign Service only if the Secretary certifies that
there is a need for their services and they affirm in writing their obli-
cration to accept worldwide availability for assignment as a condition
of employment. This provision is intended to serve. the same purpose
es section 2102(b) of the bill.
Under section 2103(e), an officer who does not submit an election
to enter the Senior Foreign Service within the 120-day period specified
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in subsection (a) may still submit a request for a Senior Foreign Serv-
ice appointment but not later than October 1, 1983. In that event the
officer may be appointed to the Senior Foreign Service only in accord-
ance with the conditions specified in section 2103(d) and such other
conditions as the Secretary may prescribe in light of the bill's provi-
sions regarding Senior Foreign Service entry in the post-transition
? phase.
Section 2103 (f) provides that an officer who does not elect to enter
the Senior Foreign Service (or whose request for entry after the initial
120-day period is denied) must leave the Foreign Service within 3
years after the bill's effective date. The conditions of service for such
officers prior to their departure will be governed by the provisions of
the bill applicable to the Senior Foreign Service except that they will
not be eligible for performance pay or limited extensions of their
career appointments, and their assignment possibilities will be limited.
This section does not apply to officers whose conversion to Senior For-
eign Service is prevented by their unavailability for worldwide assign-
ment. Such officers would be converted to the civil service under section
1204 if they wish to remain in Government service.
The committee has received assurances from the Office of Personnel
Management that necessary supergrade positions required for the
Senior Foreign Service will be transferred to the foreign affairs
agencies affected. There will, therefore, be no need for the creation
of new supergrade positions.
Section 2104-Conversion from the Foreign Service
Section 2104 provides that members of the Service serving in cate-
gories subject to conversion to the Foreign Service Schedule or the
Senior Foreign Service who are not so converted because they are
not available for worldwide assignment or who otherwise do not meet
the conditions specified in sections 2102(b) or 2103(d) shall be con-
verted to the civil service in a comparable grade of the General
Schedule or to the Senior Executive Service. The purpose of this
provision is to convert those current "domestic" members of the For-
eign Service to the civil service without loss of salary or grade. The
3-year mandatory conversion period for "domestic" members of the
Foreign Service in the International Communication Agency (ICA)
will not commence until July 1, 1981, in consideration of a pre-exist-
ing collective bargaining agreement with the labor organization rep-
resenting those personnel.
Through the provisions of this section, the committee intends to
return the personnel systems of the foreign affairs agencies to a
sound division between those who serve their careers abroad and those
who serve their careers in Washington. This division was virtually
eliminated in the early 1970's through institution of the "Foreign
Affairs Specialist" programs which sought to incorporate into the
Foreign Service all employees above the GS-7 level. The system has
been found to be unworkable and does not meet today's foreign policy
needs. Although the committee considered allowing conversion in ICA
to take place voluntarily, the fact that it would take 15 to 25 years to
complete this process resulted in the committee's decision to require
conversion within 3 years, but with no loss of benefits.
Therefore, all those not available for worldwide service will be
converted to the civil service within 3 years of the effective date of
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the bill, except for those employees in the International Communica-
tion Agency who are covered until June 30, 1981, by the collective bar-
gaining agreement. On July 1, 1981, the 3-year period by which man-
datory conversion is to be effected will begin to run. Except for this
difference in timing, the employees converted under this section, both
in the Department of State and in ICA, will be governed by the same
provisions including election of Foreign Service retirement, reten-
tion of grade and pay (as long as the employee does not voluntarily
change positions), and guarantees against loss of pay. It is the inten-
tion of the committee that no one suffer a loss in current benefits or
pay, nor should anyone become subject to downgrading, due to the
shift in policy by the executive and Congress which now mandates
their return to the civil service. Under this section, protection against
downgrading extends until the individual voluntarily moves to an-
other position. To insure that all employees are treated equitably and
uniformly, it is provided in section 2107 that the Secretary of State
will issue general regulations governing conversions which should
fully meet the commitments made during consideration of this legisla-
tion with regard to preserving status and benefits.
Section 2105-Conversion of certain positions in the Department of
Agriculture
Section 2105 provides for certain positions in the Foreign Agricul-
tural Service to be designated by the Secretary of Agriculture to be
occupied by career members of the Foreign Service. A person cur-
rently serving in such a position may elect to be converted to the
Foreign Service. If such person declines conversion, he or she will
nonetheless be deemed a member of the Foreign Service for purposes
of allowances, differentials, and similar benefits as determined by the
Secretary of Agriculture so long as he or she continues to hold the
designated position.
Section 2106-Preservation of status and benefits
Section 2106 provides specific statutory authority governing con-
versions made pursuant to this chapter. Conversions shall be accom-
plished in a manner which preserves the status and benefits that mem-
bers of the Service enjoyed prior to conversion. Section 2106(a) (1)
provides that a conversion to a new personnel system, category, or
salary schedule shall be to a corresponding class or grade without
a reduction in salary.'The committee expects that the time in step
already served by an individual on the affective date of this bill will
count toward the requirements of section 406 for purposes of pay
increases.
Section 2106 (a) (2) provides a table for conversion of members of
the Foreign Service to the new Foreign Service Schedule, a well as
for assignment to salary steps within a.class. Special provision is also
made for accelerated consideration of promotions to FS-4, a class left
empty by the conversion table.
Section 2106 (b) (1) permits those who are converted to the civil
service to elect to remain participants in the Foreign Service Retire-
ment and Disability System, -so long as they continue to serve in an
agency authorized to use the authorities of this bill. Such an individual
could choose between the Civil Service System's provisions for a
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higher maximum annuity and exemption from mandatory retirement
or the Foreign Service System's provisions for earlier retirement and
somewhat more liberal computation formula.
Section 2106(b) (2) insures the right of certain Foreign Service
Reserve personnel (Foreign Service Reserve Unlimited candidates)
who were formerly career members of the Staff Corps and thus par-
ticipants in the Foreign Service Retirement and Disability System to
elect to participate in that system if converted to the civil service
under section 1204 of this bill. These individuals, who converted to
the FSRU program as encouraged by departmental policy, had no
choice except to become FSR's for at least 3 years before achieving
career FSRU status, by virtue of a court order. During this period,
they had to be transferred to the Civil Service Retirement and Dis-
ability System, since FSR's cannot be covered by the Foreign Service
Retirement and Disability System. The committee believes that this
group should not be disadvantaged in comparison either with FSRU's
who had completed conversion, or Foreign Service Staff who have not
yet begun the conversion process.
Section 2106(c) provides that members shall be converted to a type
of appointment which corresponds as closely as possible in tenure
to the type of appointment from which they were converted. For ex-
ample, individuals serving as FSRU's will be converted to career
appointments in the competitive service.
Section 2106(d) provides that persons with appointments in the
Service or other offices or positions continued by the bill may continue
to serve and need not be reappointed by virtue of the enactment of
the bill or the repeal of the 1946 act. This includes, for example, cur-
rent chiefs of mission and current members of the Foreign Service
Grievance Board, but Foreign Service officers converted to the Senior
Foreign Service will be appointed by the President.
Finally, section 2106(e) defers for 10 years, or until they become
eligible for an immediate annuity, whichever is shorter, the applica-
tion of the bill's provisions for retirement based on relative perform-
ance with respect to current personnel who are not now subject to
such retirement (cf. section 608).
Section 2107-Regulations
Section 2107 provides that the Secretary, under the direction of the
President, shall prescribe regulations to implement this transition
chapter. This section contemplates two sets of regulations. Each
agency head (the. "Secretary") will prescribe implementing regula-
tions for his or her agency. The Secretary of State will also prescribe
general regulations which will apply uniformly to all agencies (cf.
section 2108).
Section 2108-Authority of other agencies
Section 2108 provides that other agency heads shall implement
chapter 1 of title II in accordance with regulations prescribed by
the Secretary of State under section 2107 and in consultation with the
Secretary. This will insure that the transition will be implemented in
a uniform and consistent manner while leaving each agency head free
to determine the implementing details for his or her agency under
the authority of section 2107.
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Chapter 2-Amendments to Other Laws
This chapter makes necessary and conforming amendments to cur-
rent laws affected by the provisions of this, bill. This includes repeal
of obsolete provisions. Where additions have been made to certain
laws, they are indicated as such.
Section 2201-Basic authorities of the Department of State
Section 2201 (a) adds nine new sections to the State Department's
Basic Authorities Act of 1956 (Public Law 84-855, 70 Stat. 890). The
act contains a'number of statutory authorities which apply to the
Department of State as an agency. Section 2201 would place in that act
(hereafter referred to as "the Basic Authority") a number of authori-
ties now found in the Foreign Service Act of 1946 or in annual State
Department authorization acts :
(1) Gifts (new section 25).-Section 1021 of the Foreign Serv-
ice Act of 1946 contains the authority of the Secretary of State,
and the Directors of the International Communication Agency
and the U.S. International Development Cooperation Agency to
accept and use gifts for the purposes of their respective agencies,
including the Foreign Service. Section 25 is materially identical to
current law, although it has been redrafted for purposes of clarity.
(2) Authorization to retain attorneys (new section 26).-Sec-
tion 1031 of the Foreign Service Act of 1946 provides that the
Secretary of State may authorize a principal officer of the For-
eign Service regardless of parent agency to procure legal services.
This authority will also be available to ICA and USIDCA.
(3) Employment opportunities for family members (new sec-
tion 27).-Secti on 401(a) of the Foreign Relations Authorization
Act, Fiscal Year 1979 (Public Law 95-426, 92 Stat. 977) and sec-
tion 413 (c) of the Foreign Relations Authorization Act, Fiscal
Year 1978 (Public Law 95-105, 91 Stat. 856) contain provisions
designed to facilitate the employment of members of the families
of U.S. Government employees abroad. Although related, those
provisions are not incorporated in sections 311 or 408 of this bill
because they do not pertain to appointment to the Foreign Serv-
ice or compensation in the Foreign Service. The provisions in-
volved are a direction to seek to negotiate reciprocal agreements
to facilitate employment of family members abroad, unless to do
so would violate a local law or damage the interests of the United
States.
(4) Use of vehicles (new section 28).-Section 914 of the For-
Service Act of 1946 provides that the Secretary of State may
eign
authorize a principal officer to approve the use of Government-
owned or leased vehcles for transportation at post when public
transportation is unsafe or unavailable. New section 28 contains
the same authority and is intended to continue the existing ex-
ception to 31 U.S.C. 638a. The section also permits such use when
it is advantageous to the Government. The approval could ex-
tent to all agencies under the authority of the chief of mission
or only to certain agencies operating under special conditions (for
example, a communications facility located outside the foreign
capital in a hazardous area). "Advantage" to the Government
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includes, for example, situations where it is less costly to provide
transportation than to pay the cost of shipping privately owned
.vehicles, where some U.S. citizen employees or members of their
families are not permitted to drive by local law or custom, or
where some are not permitted to import a privately owned vehicle
by the local government or are effectively prevented from doing
so by reason of import duties in excess of the purchase value of the
privately owned vehicle. It is expected that when the Govern-
ment elects to provide transportation to employees, regulations
will prohibit the employees concerned from importing vehicles at
Government expense.
(5) Educational facilities (new section 29).-This section is
identical to section 1081 of the Foreign Service Act of 1946 which
authorizes the Secretary of State to establish, operate, and main-
tain abroad primary schools and school dormitories and related
educational facilities for primary and secondary schools, as well
as to make grants for such purposes and otherwise to provide for
such facilities.
(6) Malpractice protection (new section 30).-Section 1091 of
the Foreign Service Act of 1946 provides that the exclusive remedy
for malpractice claims against State Department medical person-
nel arising out of health services furnshed in the course of official
duties shall be a tort claim against the United States. It also con-
tains the related procedural provisions for holding such medical
personnel harmless through insurance or otherwise from personal
liability. New section 30 is a restatement of present law.
(7) Post employee (services (new section 31).-This section con-
tains authorities for the operation of, and assistance to, employee-
operated commissary and other services and facilities. This -
authority is now found in title IX, part C, of the Foreign Service
Act of 1946. Section 921 of the 1946 act is the substantive provision
which corresponds to new section 31 of the Basic Authority.
(8) Per diem for security officers and others (new section 32).-
This section authorizes the Secretary of State to pay subsistence
expenses of Department security officers and other members of
the Service and Department employees who are required to be
on protracted travel status, without regard to limits on per diem
set by 5 U.S.C. 5702. This section is derived from section 911(12)
of the 1946 act.
This provision gives the Secretary of State authority (equiva-
lent to that of the Secretary of the Treasury vis-a-vis Secret Serv-
ice agents) with respect to security officers of the Department
assigned to protective security missions, and with respect to other
employees on protracted travel status. This authority enables the
Secretary to pay extraordinary subsistence expenses to security
officers of the.-Department (including agents on detail to the De-
partment by agreement of the heads of their agencies) assigned
.to protect foreign .visitors-to the United States. Security officers
assigned such missions are often required to stay in the very ex-
pensive hotels usually used by visiting dignitaries. They cannot
pay their out-of-pocket subsistence expenses on the $50-per-day
limitation- imposed by 5 U.S.C. 5702, so this section authorizes the
Secretary to disregard that limitation.
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(9) Title (new section 33).-This section provides that the pro-
visions of the 1956 act, as amended may be cited as the "State
Department Basic Authorities Act of 1956."
Section 2201 (b) changes an internal reference to the 1946 act in the
working capital fund provisions of the State Department's Basic Au-
tority to conform with this bill.
Sections 2202, 2023, and 2204-Conforming amendments
Sections 2202, 2203, and 2.204 conform to the appropriate authorities
and citations of this bill various references to the 1946 act contained
in the Peace Corps Act (22 U.S.C. 2501 et seq.), the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), and the Arms Control and Dis-
armament Act (22 U.S.C. 2551 et seq.), respectively. Section 2401 of
the bill includes a general saving provision that references in other
laws to the 1946 act shall be considered . references to corresponding
provisions of the new bill, but it is desirable to amend specifically those
provisions of these laws which are directly related to the personnel
authorities of the three agencies concerned. The conforming amend-
ments are as follows :
Section 2202.-Section 5 (f) (1) and (h), 7(a), 13(b), 14(b),
and 15(a) of the Peace Corps Act (22 U.S.C. 2504, 2506, 2512,
2513, and 2514) ;
Section 2203.-Sections 625(d), 629(b), 631(b), and 631(c) of
the Foreign Assistance Act (22 U.S.C. 2385, 2389, and 2391) ; and
Section 2204.-Sections 42 and 48 of the Arms Control and Dis-
armament Act (22 U.S.C. 2582 and 2588).
This section also continues the current authority of the Arms Con-
trol and Disarmament Agency for a single renewal or extension of a
limited Foreign Service appointment. This exceptional authority will
allow that small agency to staff effectively those overseas positions re-
quring continuity over periods exceeding 5 years.
Section 2202(b) (2) has been changed by a committee amendment
which strikes language that would liave altered the noncareer nature
of the Peace Corps and set up a dual personnel system for the Peace
Corps, granting career status to new civil service personnel and deny-
ing it to Foreign Service personnel. The committee feels strongly that
the Peace Corps personnel system should continue to operate in the
manner required by its enabling legislation, the Peace Corps Act as
amended in 1965. Under that law, the Peace Corps is defined as a non-
career agency in which individuals serve without expecting a career in
Government. Therefore, the Peace Corps Act provides for 5-yea.r lim-
ited appointments utilizing the authorities of the Foreign Service Act,
but not the Civil Service Act, and does not permit the acquisition of
career status.
The language of this bill continues the authority of the Peace Corps
to utilize the Foreign Service personnel system, and does not substan-
tively alter the requirements of the Peace Corps Act. The bill's require-
ment of worldwide availability also extends to Peace Corps personnel,
but this does not require substantial changes in current practice since
the Peace Corps has stated its intention to require persons it hires to
state their willingness to serve overseas if and when necessary.
A dual personnel system would be unworkable in the Peace Corps
because of the unique character and the small size of the agency. Should
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.a civil service component be set up within the Peace Corps system, ap-
proximately 70 individuals would attain career status out of a total
of 380 Peace Corps staff. The remaining 310 individuals would be un-
der the Foreign Service personnel system and would have no career
status. Furthermore, a dual personnel system would require admin-
istration of two merit systems, two appeals systems, and rank-in-per-
son versus rank-in-position systems in a very small agency.
The committee believes that the authority contained in section 2202
(b) (2), granting to certain former Peace Corps personnel eligibility
for positions in the competitive service without competitive examina-
tion, is sufficient recognition of Peace Corps service for those who wish
to continue in Government service. The effect of this provision is to
allow such personnel to seek other Government service noncompeti-
tively but without a full grant of career status.
The second part of this committee amendment preserves the exist-
ing authority of the Peace Corps to hire individuals to perform duties
of a more routine nature than are generally performed by members of
the Foreign Service assigned to the lowest class of the Foreign Service
Schedule. An addition has been made requiring that such compensa-
tion may in no case be lower than the current U.S. minimum wage.
Section P305-Repealed provisions
Section 2205 repeals a number of provisions of laws which will be
superseded, or made obsolete or redundant by the enactment of the
bill.
All the provisions of the Foreign Service Act of 1946, as amended,
are either replaced by title I of the bill, moved into the Basic Authority
of the Department of State by section 2201, or considered obsolete or
duplicative of other provisions of law. Accordingly, the 1946 act is
repealed in its entirety.
Two provisions of the Foreign Relations Authorization Act, Fiscal
Year 1979 (Public Law 95-426), are repealed :
-Section 401, which pertains to employment of family members
overseas, and which has been incorporated in sections 31 and 408
of this bill and in section 27 of the Basic Authority under section
2201 (a) of the bill; and
-section 413, which requires a report to Congress on review of For-
eign Service personnel requirements and compensation by Jan-
'uary 24,1979. The report was submitted at that time.
Section 413 of the Foreign Relations Authorization Act, Fiscal Year
1978 (Public Law 95-105), is repealed. That section, which relates to
employment of Foreign Service spouses, is covered by the provisions
of section 311, 408, 703 (d), 704, and 705 (b).
The following provisions of the Foreign Relations Act, Fiscal Year
1977 (Public Law 94-350), are repealed :
-Section 117, which required a report which has been submitted to
Congress on proliferation of personnel categories within the State
Department and the U.S. Information Agency (now ICA) by a
date 180 days from enactment.
-Section 120, which expressed the sense of Congress that career For-
eign Service personnel should occupy a greater number of am-
bassadorial positions, has been incorporated in substance in sec-
tion 304 (a) (2) of the bill; and
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-Section 522, which provided for conversion into the Foreign Serv-
ice Retirement System of Foreign Service Staff officers and em-
ployees with unlimited appointments, has accomplished its re-
sults.
Section 6 of the Department of State Appropriations Authorization
Act of 1973 (Public Law 93-126) is repealed. That section required a
report on political contributions by nominees for ambassador or min-
ister and is incorporated in substance in section 304(a.) (2) of the bill.
The act to promote the foreign service policy of the United States
by strengthening and improving the Foreign Service personnel system
of the International Communication Agency through establishment of
it Foreign Service Information Officer Corps (Public Law 90-494) is
repealed. Some provisions are inconsistent with chapters 3 and 4 of
title I of the bill which eliminate staff and reserve personnel categories
and provide for a Senior Foreign Service. Other provisions are carried
forward by specific provisions of this bill, such as sections 202 and 203
relative to compatibility, and section 301(c) making veteran or dis-
abled veteran status an affirmative factor in appointment.
Section 104(c) of the Mutual Education and Cultural Exchange
Act of 1961 (22 U.S.C. 2454 (c) ), providing that the Secretary of
State may employ or assign Foreign Service Reserve, Staff or alien
employees to perform functions under the Cultural Exchange Act, is
repealed as obsolete.
'Certain provisions of the Foreign Assistance Act are not conformed
by section 2203 of the bill, but are repealed. Section 625(d) (2), which
authorizes utilization of the authorities of the Foreign Service Act,
becomes unnecessary because section 202 of the bill makes clear that
the Director of the USIDCA may utilize the new Foreign Service per-
sonnel authorities in the same manner for his or her agency as does
the Secretary of State for the Department of State.
Section 625 (e), which provides authority for a selection-out system,
becomes unnecessary because the Director. of USIDCA, like the Sec-
retary of State and the Director of ICA, has this authority under sec-
tions 607 and 608 of the bill.
Section 625(g), which provides for application of foreign language
competence principles, is eliminated, but is still applicable to USIDCA
under section 702 of the bill.
Sction 625 (j), which provides authority to appoint a U.S. represent-
ative to the Inter-American Committee on the Alliance for Progress, is
repealed as obsolete.
Section 625(k), which provides for staged conversion of AID em-
ployees into the Foreign Service Retirement System, will be repealed
effective January 1, 1982, at which time the process will have been
completed.
Section 7(b) of the Peace Corps Act, which authorizes selection-out
for Peace Corps staff, is eliminated as unnecessary because similar au-
thorities under sections 607 through 609 of the bill will be available to
the Peace 'Corps under section 202 of the bill.
Sections 14 and 16 of the Basic Authorities of the Department of
State (22 U.S.C. 2679a, 2680a) are repealed, having been substantially
reenacted as section 413 and 207, respectively, of the bill.
Section 124 (a) (2) of the International Development and Food As-
sistance Act of 1977, which provides authority for the performance by
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the Inspector General of the Foreign Service of the functions of the
former Inspector General, Foreign Assistance, is superseded by sec-
tion 209 of the bill.
A series of provisions making adjustment to the annuities provided
under the Foreign Service Retirement and Disability System are re-
pealed since they have been fully implemented and will be superseded
? by the present bill.
Section 2206-Other conforming amendments
Section 2206 contains a number of technical amendments to various
laws which substitute references to this bill for parallel references to
the 1946 act.
The committee wishes to express its concern over a situation which
does not lend itself to legislative solution in this bill. The Vienna Con-
vention on Diplomatic Relations and the Vienna Convention on Con-
sular Relations extend to noncommissioned diplomatic and consular
personnel assigned abroad certain protections from host government
customs, duties, and local taxes. Despite these provisions of interna-
tional law, there is dispute over their interpretation which often results
in denial of such exemptions at considerable extra expense to members
of the Service. The committee urges the Secretary of State to continue
his efforts to encourage other governments to comply with these provi-
sions. If necessary, the Secretary should consider placing U.S. com-
pliance with these provisions on a basis of reciprocity with other na-
tions, so that if a state does not provide exemptions, the United States
will also not provide them to that foreign state. The committee also
urges the Secretary to bring this problem to the attention of the Inter-
agency Committee for Foreign Tax Relief.
Chapter 3-Amendments to Title 5, United States Code
This chapter makes necessary and conforming amendments to pro-
visions of title 5 of the United States 'Code which are necessitated by
provisions of this bill. Certain new allowances are provided in this
chapter for U.S. Government employees serving overseas. The com-
mittee views these authorities as necessary and desirable in the interest
of improving Foreign Service morale and easing the burdens of For-
eign Service life. These authorities are discretionary in nature and are
not to be construed as creating new entitlements. While budgetary re-
strictions may necessitate a conservative application of these authori-
ties in the near future, the committee urges the agencies to give effect
to these authorities as soon as budgetary conditions allow.
Section 2301-Reemployment rights
Section 2301 provides for reemployment with the employee's former
agency following expiration of a limited appointment in the Foreign
Service. This section is identical to section 528 of the 1946 act.
Section 2302-Salary for ambassadors at large
Section 2302 adds the category of ambassadors at large to the officers
who are authorized salary at Executive Level II under 5 U.S.C. 5313.
Under the Foreign Service Act of 1946, ambassadors at large are clas-
sified for salary purposes at class 1 of the four classes of Chief of Mis-
sion under section 411 of the 1946 act, which corresponds, to Executive
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Level II. Section 103 (2) of the bill, however, identifies ambassadors
at large as being separate from Chiefs of Mission. Accordingly, sec-
tion 2302 provides authority for the continuation of current practice.
Section 2303-Advances of pay incident to departure from posts
abroad
Section 2303 (a) and (b) broadens 5 U.S.C. 5522 (a) and (b) by
allowing an advance of pay at rates currently authorized whenever
an employee is officially authorized or ordered to leave a post abroad
due to unsettled conditions, whether or not an actual evacuation is
ordered. The remaining changes in 5 U.S.C. 5523 and 37 U.S.C.
405a(a) conform those sections to the changes in 5 U.S.C. 5522. The
committee believes that it is in the interests of both the Government
and the employee to provide more flexible requirements in this area.
On the one hand, the Government can more easily order departures
from posts abroad of nonessential personnel when a crisis occurs with-
out ordering a full-scale evacuation. At the same time, those employees
or dependents who are ordered to leave will be able to procure an ad-
vance on salary, allowances, or differentials to take care of emergency
expenses and will thus not have to incur indebtedness in order to com-
ply with a Government order.
Section 2304-Premiums pay
Section 2304 makes members of the Foreign Service (other than the
Senior Foreign Service) eligible for premium pay under subchapter
V of chapter 55 of title 5, United States Code.
Section 2305-Attorneys fees in back pay cases
Section 2305 amends 5 U.S.C. 5596(b), which was amended by the
Civil Service Reform Act to permit the award of attorneys' fees for
civil service employees in unfair labor practice and grievance cases.
Section 2305 extends the application of these provisions to comparable
situations involving members of the Foreign Service in proceedings
under the bill which correspond to the civil service proceedings al-
ready specified in 5 U.S.C. 5596(b).
Section 2306-Separate maintenance allowance
Section 2306 broadens slightly the circumstances in which a: separate
maintenance allowance may be paid to an employee stationed abroad
who is separated from his or her family because of dangerous or
unhealthful conditions at. the employee's post. The amendment permits
such allowances to be paid upon request of the employee and will
enable the agencies to be more responsive to employee and family
needs. The separate maintenance allowance is intended to assist in
offsetting the additional expenses incurred by an employee who main-
tains a separate household for his or her family. Under current legis-
lation and regulations. this allowance is granted to an employee .
whenever the head of an agency determines that the employee is com-
pelled to maintain any or all dependents elsewhere than at his or her
post of assinnment due to one or more of the following conditions :
Dangerous living conditions, notably unhealthful conditions, exces-
sively adverse conditions, or for the convenience of the Government.
Dangerous living conditions are those which warrant, or have re-
sulted in, the evacuation or exclusion of dependents from the area on
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account of danger to life or property, for such reasons as war, riots,
earthquakes, or epidemics. Notably unhealthful conditions are those
which have produced a ruling by reliable medical authority that no
dependents, or only those dependents meeting certain age or other
qualifications, should accompany the Foreign Service member to, or
remain at, the post.
Excessively adverse conditions include the following : (1) Climate,
altitude, unhealthful, or other conditions peculiar to the post which
have seriously aggravated, or are likely seriously to aggravate, an
illness or other conditions of health of a dependent; (2) lack of medi-
cal or hospital facilities in the area, as determined by reliable medical
authority, to provide adequate treatment required for an illness or
other condition of health of a dependent; and (3) chronic lack of
housing at the post which has forced the agency to adopt a policy of
withholding transportation of dependents to the post until housing
for them can be obtained.
It may be convenient to the Government to provide a separate main-
tenance allowance where housing facilities at post are subject to con-
trol by U.S. military authorities, a foreign government, or some other
authority, and are not available for use by the dependent. A similar
situation occurs. where, in the interests of the U.S. Government, the
agency has withheld or terminated authority for the dependent's trans-
portation to the post, or has recommended that the dependent leave
the post of assignment.
The committee has estimated that the separate maintenance allow-
ance saves the Government money because these allowances are gen-
erally lower than overseas allowances. For example, the separate
maintenance allowance currently ranges from $3;600 per year for one
adult to $4,400 per year for one adult and one child, and $5,500 per
year for one adult and two or three children, while relocation expenses
average 43 percent of the member's salary for a three-person family.
Relocation costs include shipment of household effects, automobiles,
airline travel, hotel expenses, et cetera, based upon a 3-year tour of
duty. Estimating an average Foreign Service annual salary at $19,000,
the relocation expenses for such a family would be $8,170 per year.
Furthermore, the knowledge that fewer people will be living at post
results in a tremendous reduction in the cost to the Government of
providing housing or a housing allowance.
This amendment is prompted by the fact that, reflecting changes in
U.S. society, a growing number of Foreign Service families are willing
to accept separation for a period of time- if it is in the best interests
of family members. A typical case exists where the employee is offered
a challenging assignment, while the dependent spouse is finishing his
or her education, or is working and does not wish to give up tenure or
career advancement, or where the spouse is responsible for elderly
parents and cannot move overseas at the time. Another typical case
occurs where the employee is assigned overseas, but the dependent
child is in the last year of high school or the children would have to
attend boarding schools away from the overseas mission. In such cases,
the parents may decide that, in the best interests of the family, the
spouse will remain in the United States while the Foreign Service
member serves overseas.
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Section ?2307-Education allowance
Section 2307 eliminates a distinction which allowed two annual
round trips for dependents of State Department, ICA, AID, CIA,
NSA, and Department of Justice employees, but only one total round
trip to dependents of other U.S. Government employees during their
undergraduate college education. Now two annual round trips for
the purposes of undergraduate college education will be allowed as
part of the educational allowance for each dependent of an employee
stationed overseas. This change merely extends this allowance uni-
formly to all eligible Government employees stationed overseas.
Section 2308-Posts requiring special incentives
Section 2308 provides new authority to pay a special incentive dif-
ferential of 15 percent as a recruitment and retention incentive to For-
eign Service members assigned to a limited number of posts. This
section provides the agencies with an additional tool which may be
used, depending on budgetary considerations, to recruit members to
serve in especially difficult locations overseas.
The committee believes that it is in the interest of the Foreign Serv-
ice to adjust the allowance structure to provide for a broader and more
flexible range of rewards, as there have been difficulties for some time
in attracting Foreign Service members to serve at a number of posts
where physical, climatic, cultural, and political conditions are un-
usually adverse. Positions at such posts may go unfilled for many
months until a willing employee with a willing family can be found
to accept the assignment. There are approximately 52 such posts today,
including isolated places such as Djibouti, Djibouti, and Sana, Yemen,
strife-torn capitals such as Tehran, Iran, Beirut, Lebanon, and Kabul,
Afghanistan and a number of small, remote capital cities in Africa
and Asia. The selection of these posts is left to administrative deter-
mination, since circumstances and conditions change without warning.
The designation of special incentive posts will depend upon criteria
such as weather, health conditions, isolation, violent social or political
unrest, and difficulty in assigning personnel.
At present, there is little real distinction between the allowances paid
for serving at mildly difficult posts and at extremely difficult posts. The
maximum differential which an employee may be paid while serving
at a post where conditions of environment differ substantially from
those in the United States is 25 percent of basic salary. This dif-
ferential, however, has become increasingly insufficient to attract good
employees and their families to accept certain assignments. This is
especially true for current Staff employees. Furthermore, private
enterprise does not suffer similar constraints. Banks and multinational
corporations offer up to 80 percent differentials to lure employees to
the Persian Gulf and West Africa. Other diplomatic services enjoy the
same flexibility.
The committee contemplates that an employee will first complete
a tour at a special incentive post in order to receive an additional dif-
ferential, which may in certain circumstances be in addition to the
25-percent hardship differential provided in 5 U.S.C. 5925. The special
incentive differential would not be paid regularly with the member's
paycheck, but at certain intervals or in one lump sum. It would thus
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Section 2309(a) adds a new section to title 5 of the United States
Code. New section 5927 will allow up to 3 months' advance pay to an
employee being assigned to a post in a foreign area. Relocation ex-
penses and the high costs of settling into a new home overseas place
significant burdens on Foreign Service members and their families.
This provision will provide an advance of pay to ease the transition
and to insure that funds are available in emergencies. Section 2309(b)
amends the analysis for chapter 59 of title 5 to reflect the addition
of new section 5927.
S&ction 2310-Danger pay allowance
Section 2310 adds a new section 5928 to title 5, United States Code,
providing a danger pay allowance to employees serving in a foreign
area where there is imminent danger to the life or safety of Federal
einployee.~ serving in the area. This allowance is limited to 25 percent
of basic pay. It will generally be granted to employees, including
chiefs of mission, who are required to remain at a post after depend-
ents, or nonessential personnel, or both have been evacuated or to
employees who are serving at posts at which dependents are not per-
mitted because of unsettled conditions. A danger pay allowance will
be granted during the period when the threat of physical harm or
imminent danger to health or well-being exists.
The committee recognizes that it is quite possible that conditions
justifying a danger pay allowance could arise at any post, including
a post where a differential is authorized under 5 U.S.C. 5925 because
of especially adverse conditions as well as at posts where it is not au-
thorized. The committee intends that simultaneous payments under
sections 5925 and 5928 be limited by regulation to a maximum of 50
percent of an employee's basic pay.
Section 2311-Leave
Section 2311 (a) which is derived from section 936 of the 1946 act,
includes within the annual and sick leave provisions in subchapter 1
of chapter 63 of title 5, United States Code, members of the Senior
Foreign Service and members of the Foreign Service commissioned
? under section 312 of this bill as diplomatic or consular officers of both,
with the exception of members serving as chiefs of mission or in a
position in the Department of State requiring appointment by and
with the advice and consent of the Senate.
Section 2311 (b) authorizes members of the Senior Foreign Service,
similarly to members of the Senior Executive Service, to carry over
leave balances in excess of those permitted by 5 U.S.C. 6305 for em-
ployees generally.
serve as a form of bonus pay for members willing to complete a tour
in posts designated as special incentive posts.
The danger pay allowance provided in section 2310 is not, however,
intended to be paid together with the special incentive differential
provided in section 2308. Conditions at a post designated as a special
incentive post could certainly deteriorate to the point where a danger
pay allowance would be warranted. However, for the period an em-
ployee received the danger pay allowance, the member's special in-
centive differential would be reduced accordingly.
Section 2309-Advances of pay
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112
Section 231 2-Retirement credit for imprisoned foreign nationals
Section 2312 amends 5 U.S.C. 8332(b) to provide that periods of im-
prisonment of a foreign national employee compensated under sec-
tion 410 of the bill shall also be considered creditable service for pur-
poses of Civil Service Retirement and Disability System benefits if
the foreign national was covered by the System while employed by
the United States and if he or she qualifies for an annuity on the basis
of service other than the period of imprisonment. This section is
identical to section 444 (c) (1) of the 1946 act.
Section 2313-Conforming amendments to title V
Section 2313 makes a number of conforming amendments to title
V of the United States Code, replacing references to the 1946 act with
references to parallel provisions of the bill.
Chapter 4-Saving Provisions, Congressional Oversight, and Effective
Date
Section 2313 makes a number of conforming amendments to title
Section 2401 preserves all actions taken under the 1946 act or any
other act repealed, modified, or affected by this until modified, revoked,
or superseded. It also insures that the enactment of this bill does not
adversely affect benefits conferred by the provisions of law amended
or repealed by this bill (e.g., the annuity increases provided by the
acts repealed by section 2305(12)-(16). The section also provides that
references to superseded laws shall be considered to include references
to corresponding provisions of the bill. It is similar to section 1135 of
the 1946 act.
The committee notes that this bill redrafts many provisions of exist-
ing law for reasons of style, clarity and consistency. These changes
are not intended, and should not be construed, to constitute substan-
tive changes in the law.
Section 2402-Congressional oversight of implementation
Section 2402 requires a report to the Congress by the Secretary of
State within 15 months after the bill's effective date. The report is to
describe steps taken in furtherance of the objective of maximum com-
patibility among agencies authorized to use the Foreign Service per-
sonnel system, and should include the Secretary's recommendations on
further steps in this regard. This section also requires the Secretary
to keep the Congress informed on a continuing basis of progress made
in pursuit of this objective. Continuing reports are also required con-
cerning projected ranges of appointment, promotion, and attrition in
the Service. On all these matters, the Secretary is instructed to consult
with the exclusive representative, if any, of the members of the For-
eign Service and to include in the report the views of each exclusive
representative. Since the required report must describe implementa-
tion of this legislation by all agencies utilizing the Foreign Service
personnel system, the committee expects that the Secretary of State
accordingly will consult with, and receive the views of the agency
heads.
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Section 2403-Effective date
Section 2403 states that the bill will become effective on October 1,
1980, except that chapter 8 will become effective on the later of October
1, 1980, or 90 days from the date of enactment. Rights of former
spouses to a share of a participant's annuity under section 814(a) will
apply to individuals who become former spouses of a member who
separates from the service after chapter 8 of title I becomes effec-
tive. A former spouse may receive a survivor annuity under section
814 (b) in respect of a participant or former participant who dies after
such effective date.
Regulations to carry out the bill may be prescribed before October 1,
1980, but will not become effective until that date. With respect to
Foreign Service promotion cycles, which do not necessarily run on a
calendar or fiscal year basis, the committee intends that actions may
be taken after October 1, 1980, which are based on any current evalua-
tion cycle as if this bill had been in effect at the beginning of that
cycle. The committee expects, however, that adequate and effective
notice will have been provided to affected employees at the beginning
of the cycle. This will permit, for example, the grant of performance
pay within a few months of enactment of this bill, while still provid-
ing an adequate evaluation period.
The committee estimates that the fiscal year 1981 budget authority
and outlay levels required to carry out the provisions of H.R. 6790, as
amended, will be $62 million and $47.6 million respectively. The com-
mittee agrees with the Congressional Budget Office projected cost esti-
mate below.
According to the Congressional Budget Office estimate the total
fiscal year 1981 outlays resulting from enactment of this legislation
and related budget authority would be $47.6 million or only 0.008 per-
cent of the President's fiscal year 1981 government-wide outlay esti-
mate of $568.9 million. Such a rate of expenditure would have a negli-
gible impact on inflation.
STATEMENT REQUIRED BY CLAUSE 2(1) (3) OF HOUSE RrLE X
(a) OVERSIGHT FINDINGS AND RECOMMENDATIONS
In addition to the extensive hearings on this legislation cited earlier
in the report, the committee also conducted exhaustive consultations
with the executive branch throughout the entire process of formulating
the provisions of H.R. 6790. Based on these oversight activities, the
committee recommends adoption of the bill as amended.
(b) BUDGET AUTHORITY
Enactment of H.R. 6790 will not create any new budget authority.
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(c) COMMITTEE ON GOVERNMENT OPERATIONS SUMMARY
The Committee on Government Operations issued an oversight
report entitled "Operations and Internal Evaluation Process of the
State Department Inspector General, Foreign Service." Although the
report was not formally submitted to the Committee on Foreign Af-
fairs, H.R. 6790, as amended, takes into account the recommendations
of that report.
(d) CONGRESSIONAL BUDGET OFFICE-COST ESTIMATE
MAY 15,1980.
1. Bill number : H.R. 6790.
2. Bill title : Foreign Service Act of 1980.
3. Bill status : As ordered reported by the House Committee on
-Foreign Affairs on March 13,1980. .
4. Bill purpose : The purpose of this legislation is to strengthen and
improve the Foreign Service of the United States. The legislation
promotes maximum compatibility between the Foreign Service per-
sonnel system and other personnel systems in government. It creates
the Senior Foreign Service and simplifies the structure of Foreign
Service personnel categories and salaries. Further, the legislation pro-
vides a system of incentive payments and awards to encourage and
reward outstanding performance.
J. Cost estimate :
Function 150-Estimated costs :
Fiscal year :
Millions
1981 -------------------------------------------------------
- $46.0
1982 -------------------------------------------------------
- 58.2
1983 --------------------------------------------------------
- 63.4
1984 -------------------------------------------------------
- 69.0
1985 -------------------------------------------------------
- 74.6
Function 602-Estimated budget authority :
Fiscal year:
1981 -------------------------------------------------------
- 16.6
1982 -------------------------------------------------------
- 18.7
1983 ----- -------------------------------------------
- 20.8
1984 -------------------------------------------------------
- 22.8
1985 -------------------------------------------------------
- 24.8
Function 602-Estimated outlays :
Fiscal year:
1981
-------------------------------------------------------- 1.6
1982
-------------------------------------------------------- 1.4
1983
--------------------------------------------------------- 1.4
1984
----- -------------------------------------------- 1.4
1985
-------------------------------------------------------- 1.8
6. Basis of estimate: For purposes of this estimate it is assumed
that this bill will be enacted on October 1, 1980. Sections of the bill
with a potential cost impact are discussed below. All sections, except
for sections 801-827 require subsequent authorization and appropria-
tion and therefore result in'no direct budget impact. All costs have
been adjusted for inflation in future years based on CBO economic
assumptions.
Section 209-Inspector General of the Foreign Service
This section establishes an Inspector General of the Foreign Service
and details the functions of this office. Although not specifically re-
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quired by law in the past, the State Department currently has such
an office and therefore assumes no additional costs will result from
this section.
Section 405-Performance pay
Performance pay is a lump sum payment awarded to members of
the Senior Foreign Service for meritorious or distinguished service.
In any fiscal year, up to 50 percent of the Senior Foreign Service is
eligible for performance pay. The amount of the award is limited to
20 percent of basic salary except that six percent of those eligible
may receive up to $10,000 and one percent of those eligible may receive
up to $20,000.
Estimated cost-performance pay
Fiscal year: Millions
1981 ------------------------------------------------------------ $5.8
1982 ------------------------------------------------------------ 6.3
1983 ------------------------------------------------------------ 6.9
1984 ------------------------------------------------------------ 7.4
1985 ------------------------------------------------------------ -----
No cost is estimated for fiscal year 1981 because the State Depart-
ment has indicated that the rating and selection cycle cannot be com-
pleted in time. The 1982 estimate is based on the methodology of the
Office of Personnel Management (OPM) and assumes that the 50 per-
cent eligible will receive an average award of 12-14 percent of their
basic salary.
Section 406-Within class salary increases
This section specifies that any member under the Foreign Service
Schedule shall receive an annual step increase while in steps one
through nine and a biennial step increase while in steps 10 through 13.
Previously, the law stipulated that Foreign Service Officers receive
an annual step increase. The Foreign Service Officer pay schedule con-
tained only seven steps while the new pay scale contains fourteen
steps. Members of the Foreign Service staff had, by regulation, re-
ceived an annual step increase for steps one through seven and a step
increase every fourth year thereafter.
.Estimated cost-step increases
Fiscal year : Millions
1981 ------------------------------------------------------------ $5.3
1982 ------------------------------------------------------------ 5.6
1983 ------------------------------------------------------------ 6.2
1984 ------------------------------------------------------------ 6.7
1985 ------------------------------------------------------------ 7.3
These figures were derived by applying an average three percent
step increase to the eligible population under the Foreign Service
Schedule and deducting the estimated costs under the previous system.
Section 4.12-Special differential and premium pay
Under this section, the Secretary may continue to pay special dif-
ferentials to Foreign Service Officers (FSO) who are required to
perform work in excess of normal requirement. In addition, it entitles
FSO's to receive premium pay for overtime work. FSO's are not
currently eligible for overtime pay.
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Estimated cost-premhlm pay
Fiscal year : Millions
1981
-------------------------------------------------------------
$0.5
1982
--------------------------------------------------------------
.5
1983
--------------------------------------------------------------
.6
1984
-------------------------------------------------------------
.6
1985
-------------------------------------------------------------
.7
Net additional costs of this provision are estimated at $.5 million
based on the costs incurred in fiscal year 1977 under a similar provi-
sion, adjusted for inflation.
Section 607-Retirement for expiration of time in class ?
The Secretary is authorized to limit the time that members may
spend in a particular salary class. Members face mandatory retire-
ment when this limit is exceeded. T?nder current law the Secretary
may set limits only for Foreign Service Officers. This section extends
the authority to all members of the Foreign Service. Some savings
may result from this provision. However, since the limitations are
the discretion of the Secretary, no basis exists for estimating the
amount.
Section 704-Training authorities
This section expands the current authority to provide orientation
and language training for family members of Foreign Service em-
ployees. Whereas current law limits reimbursable training costs to
$300 per month per individual for up to 6 months, the bill specifies
no limits. The Department of State, however, expects.that the former
limits will be maintained by regulation. These limits would only be
raised in the event of greatly increased training costs or where ex-
tended language training is necessary, :and would therefore increase
costs by no more than $10,000 per year.
This section also authorizes functional training' for dependents of
Foreign Service members. The Department, of 'State plans to provide
such training only when space is available, thereby incurring no
additional costs.
Sections 801-827-Retirement provisions
H.R. 6790, if enacted, would increase the mandatory retirement age
from 60 to 65 years. This would have a budgetary impact of decreas-
ing outlays from the retirement fund. The estimate assumes that those
people who now retire under current mandatory age provisions will
retire uniformly over a six year period under H.R. 6790.
The increase in basic pay resulting from enactment of various pro-
visions in H.R. 6790 would affect the retirement fund in three ways.
It would:
(1) increase the employee and employer contributions to the
fund;
(2) increase the unfunded liability of the fund; and,
(3) increase the.initial annuities of future retirees.
The increase in unfunded liability of $124.7 million would be
amortized in thirty equal annual installments of $9.5 million each.
In addition, the increase in net income to the fund (additional pay-
ments less outlay increases) would earn interest and thus also increase
budget, authority.
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The following table summarizes the budgetary effect on the For-
eign Service Retirement fund that would result from enactment of
H.R. 6790.
Estimated outlays:
Changing mandatory retirement------------------------
-0.7
-2.2
-3.4
+4.5
-5.3
Increased annuities-----------------------------------
2.3
3.6
4.8
5.9
7.1
Total --------------------------------------------1.6
1.4
1.4
1.4
1.8
Estimated budget authority:
Increased employee/employer contributions--------------
6.6
7.6
8.6
9.4
10.2
30-yr amortization payments---------------------------
9.5
9.5
9.5
9.5
9.5
1
Interest earned---------------------------------------
.5
1.6
2.7
3.9
5.
Total----------------------------------------------
16.6
18.7
20.8
22.8
24.8
In addition, this bill, if enacted, would permit former spouses of
annuitants to receive a pro rata share of the annuity and survivor
benefits. This provision would distribute but, not increase outlays.
Section 901-Travel and related expenses
This provision extends the authority of the Secretary to pay travel
and related expenses of Foreign Service employees and their families.
Travel costs previously not covered are:
(1) Family members joining a Foreign Service employee in a
place of temporary duty (TDY) ;
(2) travel and relocation costs for employees and their families
assigned to or within the United States;
(3) one round-trip per year for children of divorced Foreign
Service employees;
(4) the costs of emergency evacuation and care of young chil-
dren of Foreign Service employees when their parents are unable
to accompany them; and
(5) an additional rest and relaxation trip per year in the event
of extraordinary circumstances.
Estimated cost-Travel and. related empenses
Fiscal year : Millions
1981 ------------------------------------------------------------ $1.2
1982 ------------------------------------------------------------ 1.4
1983 ------------------------------------------------------------ 1.5
1984 ------------------------------------------------------------ 1.6
1985 ------------------------------------------------------------ 1.7
This Department of State. estimate is based on the following as-
sumptions :
(1) The TDY travel expenses for families will total $96,000
per year.
(2) The 1981 domestic transfer costs will be. $516,000 and there-
after will decrease to $443,000.
(3) Approximately 440 children per year will be eligible for
trips at average costs of $850.
(4) Evacuation trips for approximately 53 young children will
cost an average of $700.
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(5) The total annual cost for additional rest and relaxation
travel is estimated to be $169,000.
Other agencies affected will pay a, total of approximately $170,000
for these provisions.
Section 904-Health care
This section authorizes the continuation of health care, to a member
of the, Foreign Service or to his or her family after the member leaves
the Service or dies or dissolves the marriage. This provision continues
past practice with the, addition of medical coverage for divorced
spouses.
Estimated cost-Health care
Fiscal year : Millions
1981
-------- --------------------------------------------------- $0.3
1952
-------- --------------------------------------------------- .3
1983
-------- --------------------------------------------------- .3
1984
-------- - - .3
1985
--------- ------- .4
Based on internal divorce and health statistics. the Department of
State estimate: the, medical costs for 24 divorced spouses per year to
total appro_xiunately $260,000.
~'"ectiof 1006-Foreign Service Labor Pelations Board (FSLRB)
This section defines the functions of the Board and establishes the
position of the chairperson and two other members. Because the
FSLRB is already provided in current law, additional costs will be
incurred only for the members. The two members are to be compen-
sated for travel and for each (lay they perform their duties. Their
compensation is at. the daily equivalent of the level V salary of the
Executive Schedule. The Department of State estimates that each
member will be compensated at approximately $2,500 per year for an
estimated annual cost, of $5,000. Since these members are likely to be
local residents, no travel costs are assnned.
Section. 1107--Board deeision8
This section authorizes the Foreign Service Grievance Board to pay
attorney fees incurred by an employee in cases where the Board deter-
mines that the agency acted in bad faith, and at all times when the
employee is the prevailing party and the decision is based on a finding
of discrimination. The State Department. estimates that there will be
25 such cases per year. Assurnning an average cost of $800 per caseload,
the estimated annual cost for payment of attorney fees is $20,000.
Seet~ionr, 0i0. -Conre'rsion to the Foreign Service Sehedule
This section provides for conversion of Foreign Service Officers
(FSO), Foreign Service Reserve Officers (FSR) and Foreign Service
Staff Officers (FSS) to the Foreign Service Schedule. The Foreign
Service Schedule established in section 403 of this bill provides for a
ten class system with 14 salary steps within each class. The salaries
of the 10 classes and the first 10 steps correspond to those of the
General Schedule (GS). The salaries for steps 11 through 14, which
have no corresponding GS links, are increased by three percent per
step.
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Estimated cost-Conversion
Fiscal year: Millions
1981
-------------------------------------------------------------
$37.2
1982
-------------------------------------------------------------
40.7
1983
-------------------------------------------------------------
44.3
1984
------------------------------------------------------------
48.1
1985
------------------------------------------------------------
51.8
For purposes of this estimate, the eligible population is based on data
provided by OPM on the foreign service as of September 25, 1979.
These employees were then converted to the class and step required by
this bill. This data was adjusted for wage and step increases consistent
with the Administration policy to arrive at a 1981 data base. From
1981-1985 the step and class structure is assumed to remain constant
and is only adjusted for cost of living increases.
Section 2103-Conversion to the Senior Foreign Service
This section describes the procedures for conversion of Foreign Serv-
ice Officers to the Senior Foreign Service. Officers currently serving in
classes 2 or 1 must request appointment to the Senior Foreign Service.
Eligible officers who do not request such appointment within 120 days
of enactment of this bill must retire after three years.
Estimated cost-Conversion
Fiscal year : Millions
1981
---------------------------------------------1--------------
$0.2
1982
------------------------------------------------------------
.2
1983
------------------------------------------------------------
.2
1984
------------------------------------------------------------
.3
1985
------------------------------------------------------------
.3
This estimate assumes that all eligible Foreign Service Officers will
convert to the Senior Foreign Service on th date of enactment and
therefore would receive increased pay as a result of the conversion.
Average salary before conversion is estimated at $52,679; average
salary after conversion is estimated at $52,785.
Section 2105-Conversion of certain positions in the Department of
Agriculture
This section requires the conversion of certain members of the For-
eign Agriculture Service (FAS) to the Foreign Service. Members
of the FAS so converted will be transferred out of the Civil Service
Retirement Fund and into the Foreign Service Retirement Fund.
No net costs are estimated for this conversion during the projection
period.
Section 2106-Preservation of status and benefits
This section outlines the procedures for converting the four foreign
service personnel systems, utilized under current law, into one unified
Foreign Service Schedule as indicated in the table below. This section
also specifies criteria for grade and step conversion.
FSO-3, FSR-3, FSRU-3, or FSS-1------------------------- FS-1--------------------- GS-15
FS0-4, FSR-4, FSRU-4, or FSS-2------------------------- FS-2--------------------- GS-14
FSO-5, FSR-5, FSRU-5, or FSS-3------------------------- FS-3--------------------- GS-13
FS-4--------------------- GS-12
FSO-6, FSR-6, FSRU-6, or FSS-4------------------------- FS-5 --------------------- GS-11
FSO-7, FSR-7, FSRU-7, or FSS-5------------------------- FS-6--------------------- GS-9
FSO-8, FSR-8, FSRU-8, or FSS-6------------------------- FS-7--------------------- GS-7
FSS-7------------------------- FS-8--------------------- GS-6
FSS-8------------------------- FS-9--------------------- GS-5
FSS-9------------------------- FS-10-------------------- GS-4
FSS-10------------------------ FS-10-------------------- GS-4
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Since the conversion table does not automatically place anyone into
the FS-4 category, the-section also provides that career members of
the FSO-6, FSR-6, FSRU-6 and FSS-4 shall be considered for pro-
motion into the FS-4 class within six months after enactment of this
legislation. The cost of this provision follows :
Fiscal year : Millions
1982
------------------------------------------------------------
4.4
1983
------------------------------------------------------------
4.8
1984
------------------------------------------------------------
5.2
1985
------------------------------------------------------------
5.(;
This estimate assumes that half of the members eligible for promo-
tion will be promoted into the FS-4 category six months after enact-
ment of this legislation. The cost of the promotion per person is the
average difference between compensation in class FS-5 and compensa-
tion in class FS-4, approximately $4.9 thousand.
Section 2306-Separate maintenance allowance
Families of Foreign Service members who elect not to accompany
the member to a new foreign post will be provided an allowance to
eiiainta.in a separate household.
Estimated savings-separate maintenance allowance
Fiscal year: Millions
1981 ------------------------------------------------------------ $3.1.
1982 ------------------------------------------------------------ 3.4
1988 ------------------------------------------------------------ 3.7
1984 ------------------------------------------------------------ 4.0
1985 ------------------------------------------------------------ 4.3
It is estimated that this provision will result in a net savings because
the savings from not moving the family are greater than the allowance
for maintaining the separate household. The average Foreign Service
family relocation cost is $40,000 and the separate maintenance allow-
ance is $35,000 for a net savings of $5,000 per family. It is estimated
that approximately 620 families will elect to maintain separate house-
holds.
Section 2307-Education allowance
Current law provides travel costs for children of the employees
of the Department of State, International Development Cooperation
Agency and International Communication Agency, who are stationed
abroad. Travel costs were provided at the rate of two trips per year
for children in college and one trip per year for children in secondary
school.
This section provides only one trip per year for both categories of
children. There are no savings, however, because under current law.
the agencies already restricted travel to one trip per year.
Section 2308-Posts requiring special incentives j
This section provides a bonus of up to 15 percent of basic pay as an
incentive to recruit and retain personnel at posts withladverse environ-
mental conditions.
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Estimated cost-incentive pay
Fiscal year : Millions
1981
------------------------------------------------------------
$2.0
1982
------------------------------------------------------------
2.2
1983
------------------------------------------------------------
2.4
1984
------------------------------------------------------------
2.7
1985
------------------------------------------------------------
3.0
This estimate assumes 18 posts will be eligible for the incentive pay
based on environmental conditions in fiscal year 1980. The 535 em-
ployees at these posts will receive 15 percent of the $24,600 average
annual salary. The estimated costs from 1982-1985 hold constant the
number of eligible posts but allow for increases in basic pay.
Section 2310-Danger pay allowance
A special allowance of up to 25 percent of basic pay is provided for
employees who serve in dangerous foreign areas.
Estimated cost-Danger pay allowance
Fiscal year : Millions
1981 ------------------------------------------------------------- $0.4
1982 ------------------------------------------------------------- .5
1983 ------------------------------------------------------------- .5
1984 ------------------------------------------------------------- .6
1985 ------------------------------------------------------------- .7
Based on fiscal year 1980 conditions, this estimate assumes approxi-
mately 110 employees staffing three dangerous posts will receive ap-
proximately $4,000 in danger pay.
7. Estimate comparison : None.
8. Previous CBO estimate: None.
9. Estimate prepared by : Linda Gard, Sherri Kaplan, and Rita
Seymour.
10. Estimate approved by :
JAMES L. BLUM,
Assistant Director for Budget Analysis.
CI-IANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3 of Rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
ported, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italic, existing
law in which no change is proposed is shown in roman) :
FOREIGN SERVICE ACT OF 1946
[AN ACT To improve, strengthen, and expand the Foreign Service of the United
States and to consolidate and revise the laws relating to its administration.
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
[TITLE I-SHORT TITLE, OBJECTIVES, AND
DEFINITIONS
[PART A-SHORT TITLE
[SEC. 101. Titles I to X, inclusive, of this Act may be cited as the
"Foreign Service Act of 1946."
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[PART }3-OBJECTIVES
[SEC. 111. The Congress hereby declares that the objectives of this
Act are to develop and strengthen the Foreign Service of the United
States so as-
[(1) to enable the Foreign Service effectively to serve abroad
the interests of the United States ;
[ (2) to insure that the officers and employees of the Foreign
Service are broadly representative of the American people and
are aware of and fully informed in respect to current trends in
American life;
[ (3) to enable the Foreign Service adequately to fulfill the func-
tions devolving on it by reason of the transfer to the Department
of State of functions heretofore performed by other Government
agencies ;
[(4) to provide improvements in the recruitment and training
of the personnel of the Foreign Service;
[(5) to provide that promotions leading to positions of an
thority and responsibility shall be on the basis of merit and to
insure the selection on an impartial basis of outstanding persons
for such positions;
[(6) to provide for the temporary appointment or assignment
to the Foreign Service of representative and outstanding citizens
of the United States possessing special skills and abilities;
[(7) to provide salaries, allowances, and benefits that will per-
mit the Foreign Service to draw its personnel from all walks of
American life and to appoint persons to the highest positions in
the Service solely on the basis of their demonstrated ability;
[(8) to provide a flexible and comprehensive framework for
the direction of the Foreign Service in accordance with modern
practices in public administration; and
[(9) to codify into one Act all provisions of law relating to the
administration of the Foreign Service.
[PART C-DEFINITIONS
[SEC. 121. When used in this Act, the term-
[ (1) "Service" means the Foreign Service of the United States;
[(2) "Secretary" means the Secretary of State;
[(3) "Department" means the Department of State;
[(4) "Government agency" means any executive department,
board, bureau, commission, or other agency in the executive
branch of the Federal Government, or any corporation wholly
owned (either directly or through one or more corporations) by
the United States;
[(5) "Government" means the Government of the United
States of America;
[(6) "Continental United States" means the States and the
District of Columbia;
[(7) "Abroad" means all areas not included in the continental
United States as defined in paragraph (6) of this section;
[(8) "Principal officer" means the officer in charge of an em-
bassy, legation, or other diplomatic mission or of a consulate
general, consulate, or vice consulate of the United States; and
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{(9) "Chief of mission" means a principal officer appointed by
the President, by and with the advice and consent of the Senate,
to be in charge of an embassy or legation or other diplomatic mis-
sion of the United States, or any person assigned under the terms
of this Act to be minister resident, charge d'affaires, commis-
sioner, diplomatic agent, or the head of a United States office
abroad which is designated by the Secretary as having a purpose
diplomatic in nature.
[TITLE II-GOVERNING BODIES FOR THE DIRECTION
OF THE SERVICE
[PART A-OFFICERS
[DIRECTOR GENERAL
[SEC. 201. The Service shall be administered by a Director General
of the Foreign Service, hereinafter referred to as the Director Gen-
eral, who shall be appointed by the Secretary from among Foreign
Service officers in the class of career minister or in class 1. Under
the general supervision of the Secretary and the Assistant Secretary
of the State in charge of the administration of the Department, the
Director General shall, in addition to administering the Service and
performing the duties specifically vested in him by this or any other
Act, coordinate the activities of the Service with the needs of the
Department and of other Government agencies and direct the per-
formance by officers and employees of the Service of the duties im-
posed on them by the terms of any law or by any order or regulation
issued pursuant to law or by any international agreement to which the
United States is a party.
[PART B-BOARDS
[BOARD OF THE FOREIGN SERVICE
[SEC. 211. (a) The Board of the Foreign Service shall be composed
of the Assistant Secretary of State in charge of the administration
of the Department, who shall be Chairman; two other Assistant Sec-
retaries of State, designated by the Secretary to serve on the Board;
the Director General; and one representative each, occupying positions
with comparable responsibilities, from the Departments of Agricul-
ture, Commerce, and Labor, designated, respectively, by the heads of
such departments. The Secretary may request the head of any other
Government department to designate a representative, occupying a
position with comparable responsibilities, to attend meetings of the
Board whenever matters affecting the interest of such department are
under consideration.
[(b) The Board of the Foreign Service shall make recommenda-
tions to the Secretary concerning the functions of the Service; the
policies and procedures to govern the selection, assignment, rating, and
promotion of Foreign Service Officers; and the policies and proce-
dures to govern the administration and personnel management of the
Service; and shall perform such other duties as are vested in it by
other sections of this Act or by the terms of any other Act.
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[THE BOARD OF EXAMINERS FOR THE FOREIGN SERVICE
[SEC. 212. (a) The Board of Examiners for the Foreign Service
shall, in accordance with regulations prescribed by the Secretary and
under the general supervision of the Board of the Foreign Service,
provide for and supervise the conduct of such examinations as may be
given to candidates for appointment as Foreign Service officers in ac-
cordance with the provisions of sections 516 and 517 or to any other
person to whom an examination for admission to the Service shall be
given in accordance with the provisions of this or any other Act or
any regulations issued pursuant thereto, and provide for such proce-
dures as may be necessary to determine the loyalty of such persons
to the United States and their attachment to the principles of the
Constitution.
[(b) The membership of the Board of Examiners for the Foreign
Service, not more than half of which shall consist of Foreign Service
officers, shall be constituted in accordance with regulations prescribed
by the Secretary.]
[TITLE III-DUTIES
[PART A-GENERAL DUTIES
[COMPLIANCE WITH TERMS OF STATUTES, INTERNATIONAL AGREEMENTS
AND EXECUTIVE ORDERS
[SEC. 301: Officers and employees of the Service shall, under the di-
rection of the Secretary, represent abroad the interests of the United
States and shall perform the duties and comply with the obligations
resulting from the nature of their appointments or assignments or
imposed on them by the terms of any law or by any order or regulation
issued pursuant to law or by any international agreement to which the
United States is a party.
[DUTIES FOR WHICH REGULATIONS MAY BE PRESCRIBED
[SEC. 302. The Secretary shall, except, in an instance where the
authority is specifically vested in the President, have authority to
prescribe regulations not inconsistent with the Constitution and the
laws.of the United States in relation to the duties, functions, and obli-
gations of officers and employees of the Service and the administration
of the Service.
[DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS
[SEC. 303. In cases where authority to prescribe regulations relating
to the Service or the duties and obligations of officers and employees
of the Service is specifically vested in the President by the terms of
this or any other Act, the President may, nevertheless, authorize the
Secretary to prescribe such regulations.
[PART B-SERVICES FOR GOVERNMENT AGENCIES AND OTHER
ESTABLISHMENTS OF THE GOVERNMENT
[SEC. 311. The officers and employees of the Service shall, under
such regulations as the President may prescribe, perform duties and
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functions in behalf of any Government agency or any other establish-
ment of the Government requiring their services, including those in the
legislative and judicial branches, but the absence of such regulations
shall not preclude officers and employees of the Service from acting
for and on behalf of any such Government agency or establishment
whenever it shall, through the Department, request their services.
[TITLE IV-CATEGORIES AND SALARIES OF
PERSONNEL
[PART A-CATEGORIES OF PERSONNEL
[SEC. 401. The personnel of the Service shall consist of the following
categories of officers and employees :
[(1) Chiefs of mission, who shall be appointed or assigned in
accordance with the provisions of section 501;
[(2) Foreign Service officers, who shall be appointed in accord-
ance with section 511, including those serving as chiefs of mission;
[(3) Foreign Service Reserve officers, who shall be assigned to
the Service on a temporary basis from Government agencies or
appointed on a temporary basis from outside the Government in
accordance with the provisions of section 522, in order to make
available to the Service such specialized skills as may from time
to time be required ;
[(4) Foreign Service staff officers and employees, who shall be
appointed in accordance with the provisions of section 531 and
who shall include all personnel who are citizens of the United
States, not comprehended under paragraphs (1), (2), (3), and
(6) of this section, and who shall occupy positions with technical,
administrative, fiscal, clerical, or custodial responsibilities;
[(5) Alien clerks and employees, who shall be appointed in ac-
cordance with the provisions of section 541; and
[(6) Consular agents, who shall be appointed in accordance
with the provisions of section 551.
[PART B-SALARIES
[CHIEFS OF MISSION
[SEC. 411. The President shall for salary purposes classify into four
classes the positions which are to be occupied by chiefs of mission.
The per annum salaries of chiefs of mission within each class shall
be at the rate provided by law for the levels of the Federal Executive
Salary Schedule as follows: class 1, the rate for level IT, class 2, the
rate for level III; class 3, the rate for level IV. and class 4, the rate
for level V.
[FOREIGN SERVICE OFFICERS
[SEC. 412. There shall be ten classes of Foreign Service officers, in-
cluding the classes of career ambassador and of career minister. The
ner annum salary of a career ambassador shall be at the rate provided
by law for level IV of the Federal Executive Salary Schedule. The
per annum salary of a career minister shall be at the rate provided by
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law for level V of such schedule. The per annum salaries of Foreign
Service officers within each of the other classes shall be as follows :
Class 1------------
$35,617
$36,804
$37,624
------------------------------------------------
Class 2------------
27,935
28,866
29,797
$30,728
$31,659
$32,590
$33,521
Class 3------------
22,135
22,873
23,611
24,349
25,087
25,825
26,563
Class 4------------
17,761
18,353
18,945
19,537
20,129
20,721
21,313
Class 5------------
14,432
14,913
15,394
15,875
16,356
16,837
17,318
Class 6------------
11,918
12,315
12,712
13,109
13,506
13,903
14,300
Class 7------------
10,014
10,348
10,682
11,016
11,350
11,684
12,018
Class 8------------
8,582
8,868
.9,154
9,440
9,726
10,012
10,298
[SALARIES AT WI-IICH FOREIGN . SERVICE OFFICERS MAY BE APPOINTED
'[SEC. 413. A person appointed as a Foreign Service officer shall
receive basic salary at one of the rates of the class to which he is ap-
pointed which the Secretary shall, taking into consideration his age,
qualifications, and experience, determine to be appropriate for him
to receive.
[FOREIGN SERVICE RESERVE OFFICERS
[SEC. 414. (a) There shall be eight classes of Foreign Service Re-
serve officers, referred to hereafter as Reserve officers, which classes
shall correspond to classes 1 to 8 of Foreign Service officers.
[(b) A Reserve officer shall receive salary at any one of the rates
provided for the class to which he is appointed or assigned in accord-
ance with the provisions of section 523.
[(c) Any person assigned as a Reserve officer from any Government
agency shall receive his salary from appropriations provided for the
Department during the period of his service as a Reserve officer.
[FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
{SEC. 415. (a) There shall be ten classes of Foreign staff officers
and employees, referred to hereafter as staff officers and employees.
The per annum salaries of such staff officers and employees within each
class shall be as follows :
Class 1------
$22,135
$22,873
$23,611
$24,349
$25,087
$25,825
$26,563
$27,301
$28,039
$28,777
Class 2-- - ---
17, 761
18, 353
18,945
19, 537
20, 129
20, 731
21, 313
21, 905
22, 497
23, 089
Class 3------
14,432
11
113
. 15,394
15,875
16,356
16,837
17,318
17,799
18,280
18,761
Cl------
:::
11, 918
:
12315
12, 712
13, 109
13, 506
13, 903
14, 300
14, 697
15, 094
15, 491
Cl
ass 5------
10,692
11,048
11,404
11,760
12,116
12,472
12,828
13,184
13,540
13,897
Class 6------
9,587
9,907
10,227
10,547
10,867
11,187
11,507
11,827
12,147
12,461
Class 7------
8,598
8,885
9,172
9,459
9,746
10,033
10,320
10,607
10,894
11,186
Class 8------
7,712
7,969
8,226
8,483
8,740
8,997
9,254
9,511
9,768
10,025
Class 9------
6,915
7,146
7,377
7,608
7,839
8,070
8,301
8,532
8,763
8,995
Class 10-----
6,202
6,409
6,616
6,823
7,030
7,237
7,444
7,651
7,858
8,064
[(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, the Secretary may, under such regulations as he may prescribe,
classify positions at levels below class 10, and establish salary rates
therefor a.t lower rates than those prescribed by this section, for Amer-
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ican, employes recruited abroad who are not available or are not
qualified for transfer to another post and who perform duties of a
more routine nature than are generally performed at the class 10 level.
[SALARIES AT WHICH FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
MAY BE APPOINTED
[SEC. 416. (a) A person appointed as a staff officer or employee
shall receive basic salary at one of the rates of the class to which he
is appointed with the Secretary shall, taking into account his quali-
fications and experience and the needs of the Service, determine to be
appropriate for him to receive.
[(b) Whenever the Secretary determines that the needs of the
Service warrant the appointment of staff officers or employees in a
particular occupational group uniformly at a rate above the minimum
rate of the applicable class, he may adjust the basic salary of any
staff officer or employee in the same class and occupational group who
is receiving less than such established rate.
[SALARIES OF ALIEN CLERKS AND EMPLOYEES
[SEC. 417. The salary or compensation of an alien clerk or employee
shall be fixed by the Secretary in accordance with such regulations
as he shall prescribe and, as soon as practicable, in accordance with
the provisions of section 444. The salary or compensation of an alien
clerk or employee fixed on a per annum basis may, notwithstanding
the provisions of any other law, be payable on a weekly or biweekly
basis. When a one- or two-week pay period of such a clerk or employee
begins in one fiscal year and ends in another, the gross amount of the
earnings for such pay period may be regarded as a charge against the
appropriation or allotment current at the end of such pay period.
[SALARIES OF CONSULAR AGENTS
[SEC. 418. The salary or compensation 'of a consular agent shall be
fixed by the Secretary in accordance with such regulations as he shall
prescribe and, as soon as practicable, in accordance with the provisions
of section 445.
[PART C-SALARIES OF OFFICERS TEMPORARILY IN CHARGE
[AS CHARGE D'AFFAIRES AD INTERIM
[SEC. 421. For such time as any Foreign Service officer shall be
authorized to act as charge d'affaires ad interim at the post to which he
is assigned, he shall receive, in addition to his basic salary as Foreign
Service officer, compensation equal to that portion of the difference
between such salary and the basic salary provided for the chief of
mission as the Secretary may determine to be appropriate.
[AS OFFICERS IN CHARGE OF CONSULATES GENERAL OR CONSULATES
[SEC. 422. For such time as any Foreign Service officer or any con-
sul or vice consul who is not a Foreign Service officer is temporarily in
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charge of a consulate general or consulate during the absence or in-
capacity of the principal officer, he shall receive, in addition to his
basic salary as Foreign Service officer or consul or vice consul, compen-
sation equal to that portion which the Secretary shall determine to be
appropriate of the difference between such salary and the basic salary
provided for the principal officer, or, if there be none, of the former
principal officer.
[PART D-TIME OF RECEIVING SALARY
[SEC. 431. (a) Under such regulations as the Secretary may pre-
scribe, a chief of mission may be entitled to receive salary from the
effective date of his appointment to the date marking his return to.
his place of residence at the conclusion of the period of his official
service as chief of mission or upon termination of his service in ac-
cordance with the provisions of paragraph (b) of this section, but no
chief of mission shall be entitled to receive salary while absent from
his post whenever the Secretary shall find that such absence was with-
out authorization or justification. If a chief of mission in one position
is appointed as chief of mission in another position, he shall be entitled
to receive the salary pertaining to the new position commencing on
the effective date of the new appointment.
[(b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until
he has relinquished charge of the mission and for such additional
period as may be determined by the Secretary, but in no case shall
such additional period exceed fifty days including time spent in
transit. During such period the Secretary may require him to render
such services as he may deem necessary in the interest of the
Government.
[(c) During the service of a Foreign Service officer or Reserve offi-
cer as chief of mission he shall receive, in addition to his salary as
Foreign Service officer or Reserve officer, compensation equal to the
difference, if any, between such salary and the salary of the position
to which he is appointed or assigned.
[OTHER OFFICERS AND EMPLOYEES
[SEC. 432. (a) Under such regulations as the Secretary may pre-
scribe, any officer or employee appointed to the Service may be entitled
to receive salary from the effective date of his appointment to the
date when he shall have returned to his place of residence at the con-
clusion of the period of his official service, or the termination of time
spent on authorized leave, whichever shall be later, but no such officer
or employee shall be entitled to receive salary while absent from his
post whenever the Secretary shall find that such absence was without
authorization or justification.
[(b) A Foreign Service officer, appointed during a recess of the
Senate, shall be paid salary from the effective date of his appointment
until the end of the next session of the Senate, if he has not theretofore
been confirmed by the Senate, or until his rejection by the Senate be-
fore the end of its next session.
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[(c) A Foreign Service officer promoted to a higher class shall re-
ceive salary at the rate prescribed in section 412 for the class to which
he is promoted from the effective date of his appointment to such class.
A Foreign Service officer promoted to a higher class during a recess of
the Senate shall receive salary at the rate prescribed for the class to
which he is promoted from the effective date of his appointment to such
class until the end of the next session. If the Senate should reject or
fail to confirm the promotion of such an officer during the session fol-
lowing the date of his promotion, the Foreign Service officer shall, un-
less he has become liable to separation in accordance with the provi-
sions of sections 633, be automatically reinstated in the class from
which he was promoted and receive the salary he was receiving prior
to his promotion, such reinstatement to be effective, in the event of
rejection of the nomination, from the date of rejection; and in the
event of the failure of the Senate to act on the nomination during the
session following a promotion, from the termination of that session.
[PART E-CLASSIFICATION
[CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE AND IN THE
DEPARTMENT
[SEC. 441. (a) Under such regulations as he may prescribe, and in
order to facilitate effective management, the Secretary shall classify
all positions in the Service at posts abroad, excluding positions to be
occupied by chiefs of mission, and in the case of those occupied by For-
eign Service officers, Reserve officers, and staff officers and employees,
he shall establish such positions in relation to the classes established
by sections 412, 414, and 415, respectively. Positions occupied by alien
employees and consular agents, respectively, shall be allocated to such
classes as the Secretary may establish by regulation.
[(b) Under such regulations as he may prescribe, the Secretary
may, not withstanding the provisions of the Classification Act of
1.949, as amended (5 U.S.C. 5101 and the following), classify positions
in or under the Department which he designates as Foreign Service
Officer positions to be occupied by officers and employees of the Service,
and establish such positions in relation to the classes established by
sections 412, 414, and 415.
[LOCAL COMPENSATION PLANS
[SEC. 444. (a) (1) The Secretary shall, in accordance with such
regulations as he may prescribe, establish compensation plans for alien
employees of the Service and for United States citizens employed by
the Department abroad who are family members of Government per-
sonnel serving in the same country. Such compensation plans shall be
based upon prevailing wages rates and compensation practices for cor-
responding types of positions in the locality, to the extent consistent
with the public interest. Compensation plans established pursuant to
this section may include provision for leave of absence with pay for
alien employees in accordance with prevailing law and employment
practices in the locality of employment, without regard to section 6310
of title 5, United States Code.
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[(2) The Secretary may, under such regulations as he may pre-
scribe, make supplemental payments, out of funds appropriated after
the date of enactment of this subparagraph for salaries and expenses,
to any civil service annuitant who is a former alien employee of the
Service (or in ,a survivor of a former alien employee of the Service)
in order to offset exchange rate losses, if the annuity being paid such
annuitant is based on (A) a salary that was fixed in a foreign currency
that has appreciated in value in terms of the United States dollar, and
(B) service in a country in which (as determined by the Secretary)
the average retirement benefits being received by those who have
retired from competitive local organizations are superior to the local.
currency value of civil service annuities plus any other retirement
benefits payable to alien employees who have retired during similar
time periods and after comparable careers with the United States
Government.
[('b) For the purpose of performing functions abroad, other Gov-
ernment agencies and any other establishments of the Government,
including those in the legislative and judicial branches, are authorized
to administer employment programs for aliens, and for family mem-
bers of Government personnel serving abroad, in accordance with the
applicable provisions of this Act and such regulations as the'Secretary
may provide.
[(c) (1) The head of any agency of the United States, including
any agency of the legislative or judicial branch of the United States,
may compensate any current or former alien employee, including an
'alien employee who worked under a personal services contract, who
is or has been imprisoned by a foreign government if the Secretary
of State (or, in the case of an alien employee of the Central Intelligence
Agency, the Director of Central Intelligence) determines that such
imprisonment is the result of the alien's employment by the United
States. Such compensation may not exceed an amount that such agency
head determines approximates the salary and other benefits to which
such employee or former employee would have been entitled had he or
she remained employed during the period of such imprisonment, and
may be paid under such terms and conditions as the Secretary of State
deems appropriate. For purposes of making payments authorized by
this subsection, the head of any such agency shall have the same powers
with respect to imprisoned alien employees and such former employees
as any head of an agency under the provisions of subchapter VII of
chapter 55 of title 5. United States Code', to the extent that such powers
are consistent with this paragraph. Any period of imprisonment of an
alien which is compensable under this subsection shall be considered
for purposes of anv other employee benefit to be a period of employ-
ment by the United States Government, except that a period of im-
prisonment shall not be creditable -
[(A) for purposes of subchapter III of chapter 83 of title 5,
United States Code, unless the individual either-
r(i) was subject to section 8334 (a) of such title during the
period of his or her Government employment last preceding
the imprisonment, or
[(ii) qualifies for annuity benefits under such subchapter
III by reason of other service; or
[(B) for purposes of subchapter I of chapter 81 of title 5,
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United States Code, unless the individual was employed by the
United States Government at thetime of his or her imprisonment.
[(2) No coin pensation or other benefit shall be awarded under para-
graph (1) unless a claim therefor is filed within three years after-
[(A) the date of the enactment of this subsection ;
[ (B) the termination of 'the period of imprisonment giving rise
to the claim; or
[(C) the date of the claimant's first opportunity to file such a
claim, as determined by the appropriate agency head ;
whichever is later.
[(3) The Secretary of State may prescribe regulations governing
payments under this subsection for the guidance of all agencies.
.[(d) The Secretary of State shall prescribe regulations authorizing
the employment abroad,,and providing for the compensation, of family
members of Government personnel.
[CLASSIFICATION OF CONSULAR AGENTS
[SEC. 445. Upon the basis of the classification provided for in section
441, the Secretary shall, with the advice of the Board of the Foreign
Service, from time to time prepare schedules of salaries for classes of
positions of consular agents, which classes shall be established by
regulation, and shall allocate all such positions to the appropriate
classes.
[EXEMPTION FROM THE APPLICATION OF TIME CLASSIFICATION ACT
[SEC. 446. Title II of the Act of November 26, 1940, entitled "An Act
extending the classified executive Civil Service of the United States"
(54 Stat. 1212; 5 U.S.C. 681), is hereby further amended by deleting
paragraph (vii) of section 3(d) and by substituting in lieu of the
present language of paragraph (vi) of section 3 (d) the following lan-
guage : "Officers or positions of officers and employees of the Foreign
Service."
[PART F-ADDITIONAL COMPENSATION
[SPECIAL ALLOWANCES
[SEC. 451. If he finds it to be in the best interests of the Service, the
Secretary may, under such conditions as he may determine, pay special
allowances, in addition to compensation otherwise authorized, to For-
eign Service officers who are required because of the nature of their
assignments to perform additional work on a regular basis in substan-
tial excess of normal requirements.
[TI'TLE V-APPOINTMENTS AND ASSIGNMENTS
[PART A-PRINCIPAL DIPLOMATIC REPRESENTATIVES
[POLICY
'[SEC. 500. It is the policy of the Congress that chiefs of mission
and Foreign Service officers appointed or assigned to serve the United
States in foreign countries shall have, to the maximum practicable
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extent, among their qualifications, a useful knowledge of the principal
language or dialect of the country in which they are to serve, and
knowledge and understanding of the history, the culture, the economic
and political institutions, and the interests of such country and its
people.
[APPOINTMENTS
[SEC. 501. (a) The President shall, by and with the advice and con-
sent of the Senate, appoint ambassadors and ministers, including ca-
reer ambassadors and career ministers.
[(b) The President may, in his discretion, assign any Foreign Serv-
ice officer to serve as minister resident, charge d'affaires, commissioner,
or diplomatic agent for such period as the public interest may require.
[(c) On and after the date of enactment of the Foreign Relations
Authorization Act of 1972, no person shall be designated as ambas-
sador or minister, or be designated to serve in any position with the
title of ambassador or minister, unless that person is appointed as an
ambassador or minister in accordance with subsection (a) of this
section or clause 3, section 2, of article II of the Constitution, relating
to recess appointments, except that the personal rank of ambassador
or minister may be conferred by the President in connection with spe-
cial missions for the President of an essentially limited and temporary
nature of not exceeding six months if the President, before conferring
such rank, reports in writing to the Committee on Foreign Relations
of the Senate his intent to confer such rank and transmits therewith
all materials relating to any potential conflicts of interest relevant to
such person.
[LISTS OF FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS
OR CHIEFS OF MISSION TO BE FURNISHED TO THE PRESIDENT
[SEC. 502. (a) The Secretary shall, on the basis of recommendations
made by the Board of the Foreign Service, from time to time furnish
the President witli the names of Foreilni Service officers qualified for
appointment to the class of career ambassador and class of career
minister together with pertinent information about such officers, but
no person shall be appointed into the class of career minister who has
not been appointed to serve as a chief of mission or appointed or
assigned to serve in a position which, in the opinion of the Secretary,
is of comparable importance. A list of such positions shall from time
to time be published by the Secretary. No person shall be appointed
into the class of career ambassador who has not (1) served for at least
fifteen years in a position of responsibility in a Government agency, or
agencies, including at least three years as a career minister; (2) ren-
dered exceptionally distinguished service to the Government; and
(3) met such other requirements as the Secretary shall prescribe.
[(b) The Secretary shall also, on the basis of recommendations
made by the Board of the Foreign Service, from time to time furnish
the President with the names of Foreign Service officers qualified for
appointment or assignment as chief of mission, together with perti-
nent information about such officers, in order to assist the President in
selecting qualified candidates for appointment or assignment in such
capacity.
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[PART B-FOREIGN SERVICE OFFICERS
[APPOINTMENTS
.(SEC. 511. The President shall appoint Foreign Service officers by
and with the advice and consent of the Senate. All appointments of
Foreign Service officers shall be by appointment to a class and not to a
particular post.
[COMMISSIONS
.[SEC. 512. Foreign Service officers may be commissioned as diplo-
matic or consular officers or both and all official acts of such officers
while serving under diplomatic or consular commissions shall be per-
formed under their respective commissions as diplomatic or consular
officers.
[LIMITS OF CONSULAR DISTRICTS
[SEC. 5.13. The Secretary shall define the limits of consular districts.
[ASSIGNMENTS AND TRANSFERS
(SEC. 514. A Foreign Service officer, commissioned as a. diplomatic
or consular officer, may be assigned by the Secretary to serve in any
diplomatic position other than that of chief of mission or in any con-
sular position; and he may also be assigned to serve in any other
capacity in which he is eligible to serve-under the terms of this or any
other Act. He may be transferred from-.one post to another by order
of the Secretary as the interests of the Service may require.
[CITIZENSI-IIP REQUIREMENTS
.[SEC. 515. No person shall be, eligible for appointment as a Foreign
Service officer unless he is a citizen of the United States.
[ADMISSION TO CLASS 6, 7, OR 8
[SEC. 516.. (a) No person shall be. eligible for appointment as a
Foreign Service officer of class 8 unless he has passed such written,
oral, physical, and other. examinations as the Board of Examiners for
the Foreign Service may prescribe to determine his fitness and aptitude
for the work of the Service and has demonstrated his loyalty to the
Government of the United States and.his attachment to the principles
of the Constitution. The Secretary may furnish the President with
the names of those persons who have passed such examinations and are
eligible for appointment as Foreign Service officers of class 8.
[(b) The Secretary may furnish the President with'the names of
those persons who have passed such examinations and are eligible
for appointment as Foreign Service officers of class 8, whom he rec-
ommends for appointment directly to class 7 when, in his opinion, their
age, experience, or other qualifications make such an appointment
appropriate.
[(c) Foreign Service officer candidates who have passed examina-
tions described in subsection (a) may be appointed by the Secretary,
under such regulations as he may prescribe, for a trial period of serv-
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ice as Foreign Service Reserve officers of class 7 or S. Such appoint-
ments shall be limited to a maximum of 48 months, but may be ex-
tended for up to 12 additional months if the Secretary deems such
extension to be in the public interest. Such Reserve officers may receive
promotions up to class 6 for satisfactory performance during such
trial period. The Secretary shall furnish the President with the names
of such Reserve officers who have demonstrated fitness and aptitude
for the work of the Service and whom he recommends for appointment
as Foreign Service officers in the class corresponding to their Reserve
officer class. The Secretary may terminate the services of such Reserve
officers at any time under section 638.
[ADMISSION TO CLASSES 1 TO 7, INCLUSIVE
[SEC. 517. A person who has not been appointed as a Foreign Serv-
ice officer in accordance with section 516 of this Act shall not be eligible
for appointment as a Foreign Service officer of classes 1 to 7, inclusive,
unless he has passed comprehensive mental and physical examinations
prescribed by the Board of Examiners for the Foreign Service to de-
termine his fitness and aptitude for the work of the Service; demon-
strated his loyalty to the Government of the United States and his at-
tachment to the principles of the Constitution ; and rendered at least
four years of actual service prior to appointment in a position of re-
sponsibility in the service of a Government agency, or agencies, except
that, if he has reached the age of thirty-one years, the requirement as
to service may he reduced to three years. The Secretary shall furnish
the President with the names of those persons who shall have passed
such examinations and are eligible for appointment as Foreign Serv-
ice officers of classes 1 to 7. inclusive. The Secretary shall, taking into
consideration the ace, qualifications, and experience of each candidate
for appointment, recommend the class to which he shall be appointed
in accordance with the provisions of this section.
[ADMISSION TO THE CLASS OF CAREER MINISTER
[SEC. 518. No person shall be eligible for appointment to the class of
career ambassador or career minister who is not a Foreign Service
officer.
[REASSIGNMENT TO FOREIGN SERVICE OF FORMER AMBASSADORS
AND MINISTERS
[SEC. 519. If, within three months of the date of the termination of
his services as chief of mission and of any period of authorized leave,
a Foreign Service officer, or a Foreign Service Reserve officer who
is a participant in the Foreign Service Retirement and Disability
System, has not again been appointed or assigned as chief of mission
or assigned to another position in accordance with this or any other
Act, he shall be retired from the Service and receive retirement bene-
fits in accordance with the provisions of section 821.
[REAPPOINTMENT AND RECALL
[SEC. 520. (a) The President may, by and with the advice and con-
sent of the Senate, reappoint to the Service, a former Foreign Service
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officer who has been separated from the Service. The Secretary shall,
taking into consideration the qualifications and experience of each
candidate for reappointment and the rank of his contemporaries in
the Service, recommend the class to which he shall be reappointed in
accordance with the provisions of this section.
[(b) Whenever the Secretary determines it to be in the public
interest, any retired officer or employee of the Service may be recalled
for active duty on a temporary or limited basis to any appropriate
class in his or her former category, except that a retired Foreign
Service officer may not be recalled to a class higher than he or she held
at the time of retirement unless appointed to the higher class by the
President by and with the advice and consent of the Senate.
[PART C-FOREIGN SERVICE RESERVE OFFICERS
[ESTABLISHMENT OF RESERVE
[SEC. 521. In accordance with the terms of this Act and under such
regulations as the Secretary shall prescribe, there shall be organized
and maintained a Foreign Service Reserve, referred to hereafter as
the Reserve.
[APPOINTMENTS AND ASSIGNMENTS TO THE RESERVE
[SEC. 522. Whenever the services of a person who is a citizen of the
United States are required by the Service, the Secretary. may-
E(1) appoint as a Reserve officer for nonconsecutive periods of
not more than five years each, a person not in the employ of the
Government whom the Board of the Foreign Service shall deem
to have outstanding qualifications;
[(2) assign as a Reserve officer for nonconsecutive periods of
not more than five years each a person regularly employed in any
Government agency, subject, in the case of an employee of a Gov-
ernment agency other than the Department of State, to the con-
sent of the head of the agency concerned ; and
[(3) extend the appointment or assignment of any Reserve
officer, or continue the services of any such Reserve officer by re-
appointment without .regard to the provisions of section 527 of
this Act, for not more than five additional years if the Secretary
deems it to be in the public interest to continue such officer inthe
Service, except that the assignment of any Reserve officer under
paragraph (2) above may not be extended under the provisions
of this paragraph without the consent of the head of the agency
concerned ; except that the authority contained in this paragraph
relating to extending the appointment of any Reserve officer, and
to continuing the services of any such Reserve officer by reappoint-
ment, shall not be applicable to the Department of State and the
International Communication Agency.
[APPOINTMENT OR ASSIGNMENT TO A CLASS
[SEc. 523. A Reserve officer, appointed or assigned to active duty,
shall be appointed or assigned to a class and not to a particular post,
and such an officer may be assigned to posts and may be transferred
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136
from one ost to another border of the Secretary as the interests of
post to another by order of the Secretary as the interests of
the Service may require. The class to which he shall be appointed or
assigned shall depend on his age, qualifications, and experience.
COMMISSIONS
(SEC. 524. Whenever the Secretary shall deem it in the interests of
the Service that a Reserve officer shall serve in a diplomatic or consular
capacity, he may recommend to the President that such officer be com-
missioned as a diplomatic or consular officer or both. The President
may, by and with the advice and consent of the Senate, commission r
such officer as a diplomatic or consular officer or both, and all official
acts of such an officer while serving under a diplomatic or consular
commission shall be performed under his commission as a diplomatic
or consular officer. In all other cases, appropriate rank and status
analogous to that of Foreign Service officers engaged in work of com-
parable importance shall be provided to permit Reserve officers to carry
out their duties effectively.
(BENEFITS
[SEC. 526. A Reserve officer shall, except as otherwise provided in
l t' hi c h S
regulations w Ic t e Secretary may prescribe, receive all the allow-
ances, privileges, and benefits which Foreign Service officers are en-
t tl d t d h h ]
i e o receive in actor ante wit t e provisions of tit e IX.
(REAPPOINTMENT OR REASSIGNMENT OF. RESERVE OFFICERS
[SEC. 527. A person who has served as a Reserve officer ma not be
p y
reappointed or reassigned to active duty until the expiration of a
p b duty or until the exp
period of time equal to his receding tour of dut or until the ex ira the shorter.
whichever is
OF RESERVE OFFICERS
(SEC. 528. Upon the termination of the assignment of a Reserve
officer assigned from any Government agency, such person.shall be
entitled to reinstatement in the Government a enc b which he is
g y Y
regularly employed in the same position he occupied at the time of
r di h' h
assignmen, or in a corresponding or higher position. Upon rein-
statement he shall receive the within-grade salary advancements he
would have been entitled to receive had he remained in the position in
which lie is regularly employed under the Classification Act of 1949,
as amended, or any corresponding provision of law applicable to the
position in which lie is servin. A certificate of the Secreta that
g rv
such person has met the standards required for the efficient conduct of
the work of the Foreign Service shall satisfy any requirements as to
the holding of minimum ratings as a prerequisite to the receipt of such
salary advanceinents.
[PART D-FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
(APPOINTMENTS
[SEC. 531. The Secretary may, such regulations as he may
prescribe, appoint , staff . officers and employees on the basis of qualifica-
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Lions and experience. The Secretary may make provisions for tem-
porary, limited, and such other types of appointment as he may deem
necessary. He is authorized to establish appropriate probationary
periods during which newly appointed staff officers or employees, other
than those appointed for temporary or limited services shall be re-
quired to serve. The Secretary may terminate at any time, without
regard to the provisions of section 637, or the provisions of any other
law, the services of staff officers or employees appointed for temporary
or limited service and staff officers or employees who have not com-
pleted probationary periods, except that if such separation is by reason
of misconduct the provisions of section 637 shall be applicable.
[ASSIGNMENTS AND TRANSFERS
[SEC. 532. Under such regulations as he may prescribe, the Secre-
tary may assign a staff officer or employee to any post or he may assign
him to serve in any position in which he is eligible to serve under the
terms of this or any other Act. A staff officer or employee may be
transferred from one post to another by order of the Secretary as the
interests of the Service may require.
[COMMISSION AS CONSUL OR VICE CONSUL
[SEC. 533. On the recommendation of the Secretary, the President
may, by and with the advice and consent of the Senate, commission a
staff officer or employee as consul. The Secretary may commission a
staff officer or employee as vice consul. Officials acts of staff officers or
employees while serving under consular commissions in the Service
shall be performed under their respective commissions as consular
officers.
[CITIZENSHIP REQUIREMENT
[SEC. 534. No person shall be eligible for appointment as staff officer
or employee who is not a citizen of the United States at the time of his
appointment.
[PART E-ALIEN CLERKS AND EMPLOYEES
[APPOINTMENTS
[SEC. 541. The Secretary shall appoint alien clerks and employees at
posts abroad under such regulations as he may prescribe and, as soon
as practicable, in accordance with the provisions of section 444.
[ASSIGNMENTS AND TRANSFERS
[SEC. 542. The Secretary may assign an alien clerk or employee to a
position at any post, and any such clerk or employee may be trans-
ferred from a position at one post to a position at another as the
interests of the Service may require.
[PART F-CONSULAR AGENTS
[SEC. 551. The Secretary may appoint consular agents under such
regulations as he may prescribe and, as soon as practicable, in accord-
ance with the provisions of section 445.
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[PART G-ASSIGNMENT OF PERSONNEL BY THE WAR AND NAVY
DEPARTMENTS
[PART H-ASSIGNMENT OF FOREIGN SERVICE PERSONNEL
[ASSIGNMENTS TO ANY GOVERNMENT AGENCY OR INTERNATIONAL
ORGANIZATION
[SEC. 571. Any officers or employee of the Service may, in the dis-
cretion of the Secretary, be assigned or detailed for duty in any Gov-
ernment agency, or in any international organization, international
commission, or international body, such as assignment or combination
of assignments to be for a period of not more than four years, except
that under special circumstances the Secretary may extend this four-
year period for not more than four additional years : Provided, That
in individual cases when personally approved by the Secretary further
extension may be made.
r(b) If a Foreign Service officer or Reserve officer shall be ap-
pointed by the President, by and with the advice and consent of the
Senate, or by the President alone, to a position in any Government
agency, any United States delegation or mission to any international
organization, in any international commission, or in any international
body, the period of his service in such capacity shall be construed as
constituting an assignment within the meaning of paragraph (a) of
this section and such person shall not. by virtue of the acceptance of
such an assignment, lose his status as such an officer. Service in such
a. position shall not, however, be subject to the limitations concerning
the duration of an assignment contained in that paragraph.
[(c) If the basic minimum salary of the position to which an officer
or employee of the Service is assigned pursuant to the terms of this
section is higher than the. salary such officer or employee is entitled to
receive as an officer or employee of the Service, such officer or employee
shall, during the period such difference in salary exists, receive the
salary and allowances of the position in which he is serving in lieu
of his salary and allowances as an officer or employee of the Service.
Any salary paid under the provisions of this section shall be the sal-
ary on the basis of which computations and payments shall be made
in accordance with the provisions of title VIII. No officer or employee
of the Service who, subsequent to the date of enactment of the For-
eign Service Act Amendments of 1960, is assigned to, or who, after
June 30, 1961, occupies a position in the Department that is designated
as a Foreign Service officer position, shall be entitled to receive a sal-
ary differential under the provisions of this paragraph.
[(d) The salary of an officer or employee assigned pursuant to the
terns of this section shall be paid from appropriations made avail-
for the payment of salaries of officers and employees of the Serv-
able
ice. Such appropriations may be reimbursed, however, when the Sec-
retary enters into reimbursement agreements for all or any part of
the salaries of officers or employees assigned to such agencies and pay-
ment is received pursuant thereto, or when an officer or employee of
the Service is assigned to a position the salary of which is payable
from other funds available to the Department.
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[COMPULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN THE CONTINENTAL
UNITED STATES
[SEC. 572. Every Foreign Service officer shall, during his first fifteen
years of service in such capacity, be assigned for duty in the con-
tinental United States in accordance with the provisions of section
571 for periods totaling not less than three years.
[ASSIGNMENT FOR CONSULTATION OR INSTRUCTION
[SEC. 573. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either at the commence-
ment, during the course of, or at the close of the period of his official
service; and any such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within
the meaning of section 571.
[(b) Any officer or employee of the Service may be assigned or de-
tailed for special instruction or training at or with public or private
nonprofit institutions; trade, labor, agricultural, or scientific associa-
tions, or commercial firms.
[ASSIGNMENT TO TRADE, LABOR, AGRICULTURE, SCIENTIFTC, OR OTHER
CONFERENCES
[SEC. 574. An officer or employee of the Service may, in the discre-
tion of the Secretary, be assigned or detailed for duty with domestic
or international trade, labor, agricultural, scientific, or other con-
ferences, congresses, or gatherings, including those whose place of
meeting is in the continental United States; or for other special duties,
including temporary details under commission not at his post or in
the Department.
[ASSIGNMENTS TO FOREIGN GOVERNMENTS
[SEC. 575. The Secretary may, in his discretion, assign or detail
an officer or employee of the Service for temporary service to or in
cooperation with the government of another country in accordance
with the appropriate provisions of titles III and IX of Public Law
402, Eightieth Congress (62 Stat. 7 and 13; 22 U.S.C. 1451-1453,
1478 and 1479).
[ASSIGNMENT TO PUBLIC OR PRIVATE NONPROFIT ORGANIZATIONS
[SEC. 576. (a) (1) A substantial number of Foreign Service officers
shall, after their seventh year of service (counting service as a Foreign
Service officer and prior service as a Foreign Service Reserve officer),
be assigned in the United States, or any territory or possession thereof,
for significant duty with a State or local government, public school,
community college, or other public or private nonprofit organiza-
tion designated by the Secretary. Such duty may include assignment
to a Member or office of the Congress, except that of the total number of
officers assigned under this section at any one time, not more than 20
per centum may be assigned to Congress.
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[(2) To the extent practical, assignments shall be for at least twelve
consecutive months and may be on a reimbursable basis. Any such
reimbursements shall be credited to and used by the appropriations
made available for the salaries and expenses of officers or employees.
[(b) A Foreign Service officer on assignment under this section
shall be deemed to be on detail to a regular work assignment in the
Service, and the officer remains an employee of the Department while
so assigned. Reimbursement for an assignment to a Member or office
of the Senate shall be made at the rate of one-half of the current salary
of the Foreign Service officer (who shall continue to be paid his or
her full salary by the Department of State).
[(c) Any period of time that a Foreign Service officer serves on
an assignment under this section shall also be considered as a period
of time that the officer was assigned for duty in the continental United
States for purposes of section 572 of this Act.
[(d) For purposes of this section-
[ (1) "State" means-
[(A) a State of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, and a territory or
possession of the United Mates; and
[(B) an instrumentality or authority of a State or States
as defined in subparagraph (A) of this paragraph (1) and a
Federal-State authority or instrumentality; and
[(2) "local government" means-
[(A) any political subdivision, instrumentality, or author-
ity of a State or States as defined in subparagraph (A) of
paragraph (1) ; and
[(B) any general or special purpose agency of such a politi-
cal subdivision, instrumentality, or authority.
[(e) Not later than six months after the date of enactment of this
subsection, the Secretary shall transmit a report to the Speaker of the.
House of Representatives and the Committee on Foreign Relations of
the Senate describing the steps he has taken to carry out the provisions
of this section; and he shall transmit such reports annually thereafter.
[(f) The Secretary may reimburse a Foreign Service Officer for
relocation expenses incident to household moves necessitated by an as-
signment under this section for which the officer is not entitled to be
reimbursed under any other provision of law. For purposes of such
reimbursement, regulations issued pursuant to section 5724a.(a) (3) of
title 5, United States Code, shall apply to the same extent as if the
officer were entitled to be reimbursed for travel and transportation
expenses under section 5724(a) of that title.
[FOREIGN LANGUAGE KNOWLEDGE PREREQUISITE TO ASSIGNMENT
[SEC. 578. The Secretary shall designate every Foreign Service
officer position in a foreign country whose incumbent should have a
useful knowledge of a language or dialect common to such country.
After December 31, 1963, each position so designated shall be filled
only by an incumbent having such knowledge.: Provided, That the
Secretary or Deputy Under Secretary for Administration may make
exceptions to this requirement for individuals or when special or
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emergency conditions exist. The Secretary shall establish foreign
language standards for assignment abroad of officers and employees
of the Service, and shall arrange for appropriate language training
of such officers and employees at the Foreign Service Institute or
elsewhere.
[TITLE VI-PERSONNEL ADMINISTRATION
[PART A-DEFINITIONS
[SEC. 601. For the purposes of this title-
[ (1) "Efficiency record" is the term which describes those materials
considered by the Director General to be pertinent to the prepara-
tion of an evaluation of the performance of an officer or employee of
the Service.
[(2) "Efficiency report" is the term which designates the analysis of
the performance of an officer or employee made by his supervising offi-
cer or by a Foreign Service inspector in accordance with such regula-
tions as may be prescribed by the Secretary.
[PART B-EFFICIENCY RECORDS
[RESPONSIBILITY OF THE DIRECTOR GENERAL FOR THE KEEPING OF
EFFICIENCY RECORDS
[SEC. 611. The Director General acting under the general direction
of the Board of the Foreign Service, shall be responsible for the keep-
ing of accurate and impartial efficiency records. Under his direction
there shall be assembled, recorded, and preserved all available infor-
mation in regard to the character, ability, conduct, quality of work, in-
dustry, experience, dependability, and general usefulness of all officers
and employees of the Service including the reports of Foreign Service
inspectors and the efficiency reports of supervising officers. The Direc-
tor General shall undertake such statistical and other analyses as
may be necessary to develop the validity and reliability of efficiency
reporting forms and procedures.
[TO WHOM RECORDS SHALL BE AVAILABLE
[SEC. 612. The correspondence and records of the Department relat-
ing. to the officers and employees of the Service, including efficiency
,:records as defined in section 601 (1) but not including records pertain-
'ing to the receipt,- disbursement, and accounting for public funds, shall
be confidential and subject to inspection only by the President, the
Secretary, the Under Secretary, the Counselor of the Department, the
legislative and appropriations committees of the Congress charged
with considering legislation and appropriations for the Service or rep-
resentatives duly authorized by such committees, the members of the
Board of the Foreign Service, the Director General, and such officers
and employees of the Government as may be assigned by the Secre-
tary to work on such records. Under such regulations as the Secre-
tary may prescribe and in the interest of efficient personnel adminis-
tration, the whole or any portion of an efficiency record shall, upon
written request, be divulged to the officer or employee to whom such
record relates.
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[PART C-PROMOTION OF FOREIGN SERVICE OFFICERS AND FOREIGN
SERVICE RESERVE OFFICERS
[PROMOTION OF FOREIGN OFFICERS BY SELECTION
[SEC. 621. All promotions of Foreign Service officers shall be made
by the President, in accordance with such regulations as he may pre-
scribe, by appointment to a higher class, by and with the advice and
consent of the Senate. Promotion shall be by selection on the basis
of merit. The affidavit requirements of sections 3332 and 3333 (a) of
title 5 of the United States Code shall not apply with respect to a For-
eign Service officer who has complied with such requirements and who
is subsequently promoted by appointment to a higher class without
a break in service.
[ELIGIBILITY
[SEC. 622. The Secretary shall, by regulation, determine the mini-
mum period Foreign Service officers must serve in each class and a
standard for performance for each class which they must meet in
order to become eligible for promotion to a higher class. In the event
the Director General shall certify to the Board of the Foreign Service
that a Foreign Service officer has rendered extraordinarily meritorious
service, the Board of the Foreign Service may recommend to the
Secretary that such officer shall not be required to serve such minimum
period in class as a prerequisite to promotion, and the Secretary may
exempt such officer from such requirement.
[RECOMMENDATIONS FOR PROMOTIONS
[SEC. 623. (a) The Secretary shall establish, with the advice of the
Board of the Foreign Service, selection boards to evaluate the per-
formance of Foreign Service officers ; and upon the basis of their find-
ings, which, except for career ambassadors and career ministers, shall
be submitted to the Secretary in rank order by class or in rank order
by specialization within a class, the Secretary shall make recommen-
dations in accordance with the findings to the President for the pro-
motion of Foreign Service officers. No person assigned to serve on any
such board shall serve in such capacity for any two consecutive years.
In special circumstances, however, which shall be set forth by regula-
tions, the Secretary shall have the authority to remove individual
names from the rank order list submitted by the selection boards or to
delay the inclusion of individual names until a subsequent list of
nominations is transmitted to the President.
[(b) The Secretary may, pursuant to a recommendation of a duly
constituted grievance board or panel or an equal employment oppor-
tunity appeals examiner-
[(1) recommend to the President the promotion of a Foreign
Service officer;
[(2) promote Foreign Service Staff personnel and Foreign
Service Reserve officers with limited or unlimited tenure ; and
[(3) grant to Foreign Service personnel additional step in-
creases in salary, within the salary range established for the class
in which an officer or employee is serving.
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[(c) The Secretary may, in special circumstances which shall be set
forth in regulations, make retroactive promotions and additional
increases in salary within class made or granted under the authority
of this section.
[PROMOTION OF FOREIGN SERVICE RESERVE OFFICERS
[SEC. 624. Any Reserve officer may receive promotions from one class
to a next higher class in accordance with regulations prescribed by the
Secretary.
[WITHIN-CLASS SALARY INCREASES OF FOREIGN SERVICE OFFICERS AND
RESERVE OFFICERS
[SEC. 625. (a) Any Foreign Service Officer or any Reserve officer,
whose services meet the standards required for the efficient conduct of
the work of the Service and' who shall have been in a given class for a
continuous period of nine months or more, shall, on the first day of the
first pay period that begins on or after July 1 each year, receive an
increase in salary to the next higher rate for the class in which such
officer is serving. Credit toward such nine-month period may be
granted to an officer in accordance with such regulations as the Secre-
tary may prescribe for any civilian service of such officer with the Gov-
ernment or with the government of the District of Columbia which was
performed subsequent to any break in service in excess of three calen-
dar days and subsequent to the officer's last equivalent increase in pay.
As used in this subsection, the term "equivalent increase in pay"
means-
[(1) any increase in basic salary resulting from-
[(A) a grade or class promotion,
[(B) a regularly scheduled within-grade or within-class
step increase, or
[(C) a salary adjustment or combination of adjustments-
[(i) made since the last equivalent increase in pay,
[(ii) resulting from conversion from one pay system
to another, and
[(iii) equal to or greater than the amount of the
within-class increase for the class to which the officer was
appointed; or
[(2) such other increases in salary as the Secretary may by
regulation designate;
but does not include any general increase in salary granted by law or
any within-grade or within-class increase in salary awarded for meri-
torious performance.
E (b) Without regard to any other law, the Secretary is authorized to
grant to any Foreign Service officer or any Reserve officer additional
increases in salary, within the salary range established for the class in
which such officer is serving, based upon especially meritorious service.
[RELATIONSHIP BETWEEN PROMOTIONS AND FUNCTIONAL AND
GEOGRAPHIC AREA SPECIALIZATION
[SEC. 626. The achievement of the objective of this Act requires
increasing numbers of Foreign Service officers to acquire functional
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144
geographic area specializations and S to pursue such specializations
d i advancement through lass
1 of any such officer in the Service.
SERVICE
a position
occupying and consent of the Senate, shall be retired from the Service at the end
y -five and receive
P
does not promotion specialization [SEC. 631. Any Foreign Service officer who is a career ambassador,
but w enever Secretary s P
A h fT h completes a period af
authorized service after reaching age ~ixty-five shall be retired it the
1eted
[SEC. 632. Any p p ant in the Foreign Service Retirement and
such mission or any other position to which appointed by the President,
d consent f the S t ho is not a career
at the end of the month
ambassador shall be retired front the participant reaches age y and receive retirement
sixty
the Secretary shall determine it to be in the public interest, Stich
a participani may be retained on active service for a period not to
1eted
ing- [(I) the maximum period during which any Foreign Service
officer below the class of career minister shall be permitted to re-
main in class without promotion; and
[(2) the standard of performance which 1 any such officer must
maintain to remain in the Service.
[(b) Any Foreign Service
to a higher class within the specified
period or who fails to meet the standard of performance required of
bene-
fits in accordance with the provisions of section 634.
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[SELECTION-OUT BENEFITS
[SEC. 634. (a) Any Foreign Service officer in classes 1, 2, or 3 who is
retired from the Service in accordance with the provisions of section
633 shall receive retirement benefits in accordance with the provisions
of section 821.
[(b) Any Foreign Service officer in classes 4, 5, 6, or 7 who is re-
tired from Service in accordance with the provisions of section 633
shall receive-
[(1) one-twelfth of a year's salary at his then current salary
rate for each year of service and proportionately for a fraction of
a year, but not exceeding a total of one year's salary at his then
current salary rate, payable without interest, from the Foreign
Service Retirement and Disability Fund, in three equal install-
ments on the 1st day of January following the officer's retirement
and on the two anniversaries of this date immediately following :
Provided, That in special cases, the Secretary may in his dis-
cretion accelerate or combine the installments ; and
[(2) a refund of the contributions inade to the Foreign Service
Retirement and Disability Fund as provided in section 841, ex-
cept that in lieu of such' refund such officer, if he has at least five
years of service credit toward retirement under the Foreign
Service Retirement and Disability System, excluding military
or naval service, may elect to receive retirement benefits on
reaching the age of sixty in accordance with the provisions of
section 821. In the event that an officer who was separated
from class 4 or 5 and who has elected to receive retirement
benefits dies before reaching the age of sixty, his death shall
be considered a death in service within the meaning of section
832. In the event that an officer who was separated from class
6 or 7 and who has elected to receive retirement 'benefits dies
before reaching the age of sixty, the total amount of his con-
tributions made to the Foreign Service Retirement and Dis-
ability Fund shall be paid in accordance with the provisions of
section 841.
[(c) Notwithstanding the provisions of section 3477 of the Revised
Statutes as amended (31 U.S.C. 203) or the provisions of any other
law, a Foreign Service officer who is retired in accordance with the
provisions of section 633 shall have the right to assign to any person or
corporation the whole or any part of the benefits receivable by him
pursuant to paragraph (b) (1) of this section. Any such assignment
shall be on a form approved by the Secretary of the Treasury and a
copy thereof shall be deposited with the Secretary of the Treasury
by the officer executing the assignment.
[FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 7 OR 8
[SEC. 635. Any Foreign Service officer in class 7 who is appointed
under the provisions of section 516 (b) and any Foreign Service officer
in class 8 shall occupy probationary status. The Secretary may termi-
nate his service at any time.
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[VOLUNTARY RETIREMENT
[SEC. 636. Any participant in the Foreign Service Retirement and
Disability System who is at least fifty years of age and has rendered
twenty years of service, including service within the meaning of sec-
tion 853, may on his own application and with the consent of the Sec-
retary be retired from the Service and receive benefits in accordance
with the provisions of section 821.
[SEPARATION FOR CAUSE
[SEC. 637. (a) The Secretary may, under such regulations as he
may prescribe, separate from the Service any Foreign Service officer,
Reserve officer, or staff officer or employee, on account of the unsatis-
factory performance of his duties, or for such other cause as will
promote the efficiency of the Service, with reasons given in writing, but
no such officer or employee shall be so separated until he shall have been
granted a hearing by the Board of the Foreign Service and the un-
satisfactory performance of his duties, or other cause for separation,
shall have been established at such hearing, unless he shall have
waived in writing his right to a hearing. The provisions of this sec-
tion shall not apply to Foreign Service officers of class 8 or any other
officer or employee of the Service who is in a probationary status or
whose appointment is limited or temporary, except when separation is
by reason of misconduct.
[(b) Any participant in the Foreign Service Retirement and Dis-
ability System separated under the provisions of paragraph (a.) of
this section shall receive a refund of the contributions made to the
Foreign Service Retirement and Disability Fund, as provided in sec-
tion 841 except that in lien of such refund such officer may (except in
cases where the Secretary determines that separation was based in
whole or in part on the ground of disloyalty to the United States) if
he has at least five years of service credit toward retirement under this
System, excluding military or naval service, elect to leave his contribu-
tions in the Fund and receive an annuity, computed as prescribed in
section 821 commencing at, the age of sixty years.
[(c) Any officer or employee of the Service separated under the
provisions of paragraph (a) of this section who is not a participant
in the Foreign Service Retirement and Disability System shall be
entitled only to such benefit as shall accrue to him under the retire-
ment system in which lie is a participant.
[(d) Any payments made in accordance with the provisions of
paragraph (b) of this section shall be made out of the Foreign Serv-
ice Retirement and Disability Fund.
[TERMINATION OF LIMITED APPOINTMENTS OF FOREIGN SERVICE
RESERVE OFFICERS AND STAFF OFFICERS AND EMPLOYEES
[SEC. 638. Notwithstanding the provisions of this or any other law,
the Secretary may, under such regulations as he may prescribe, ter-
minate at any time the services of any Reserve officer or staff officer
or employee serving under limited appointment, except that, if the
'termination is because of misconduct, the provisions of section 637
shall be applicable.
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[FACILITATING VOLUNTARY RETIREMENTS
[SEC. 639. In order to facilitate their transition from the Service,
the Secretary may provide professional career counseling, advice, and
placement assistance, by contract or otherwise (subject to the avail-
ability of appropriations), to officers and employees of the Service,
other than those separated for cause.
[PART E-PROMOTION OF FOREIGN SERVICE STAFF OFFICERS AND
EMPLOYEES
[CLASS PROMOTION OF STAFF PERSONNEL
[SEC. 641. All promotions of staff officers and employees to a
higher class shall be made at a higher salary on the basis of perform-
ance and merit in accordance with such regulations as the Secretary
may prescribe.
[WITHIN-CLASS SALARY INCREASES
[SEC. 642. Under such regulations as the Secretary may prescribe,
any staff officer or employee whose services meet the standards
required for the efficient conduct of the work of the Service shall
receive an increase in salary at periodic intervals to the next higher
salary rate for the class in which he is serving. Without regard to
any other law the Secretary is authorized to grant any such officer
or employee additional increases in salary within the salary range
established for the class in which he is serving, based upon specifically
meritorious service.
[PART F-SEPARATION OF STAFF OFFICERS AND EMPLOYEES
[FOR UNSATISFACTORY PERFORMANCE OF DUTY
[SEC. 651. The Secretary may, under such regulations as he may
prescribe, separate from the Service any staff officer or employee on
account of the unsatisfactory performance of his duties, but no such
officer or employee shall be so separated from the Service until he
shall have been granted a hearing by the Board of the Foreign Service
and the unsatisfactory performance of his duties shall have been
established at such hearing.
[FOR MISCONDUCT OR MALFEASANCE
[SEC. 652. The Secretary shall separate from the Service any staff
officer or employee who shall be guilty of misconduct or malfeasance
in office, but no such officer or employee shall be so separated from the
Service until he shall have been-granted a hearing by the Board of
the Foreign Service and his misconduct or malfeasance shall have
been established at such hearing.
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[PART G-PROMOTION AND SEPARATION OF ALIEN CLERKS AND
EMPLOYEES
[PROMOTION
[SEC. 661. Alien clerks and employees shall receive promotions
from one class to a higher class and in-class promotions in accordance
with regulations prescribed by the Secretary.
[FOR UNSATISFACTORY PERFORMANCE OF DUTY
[SEC. 662. The Secretary may, under such regulations as he may
prescribe, separate from the Service any alien clerk or employee on
account of the unsatisfactory performance of his duties.
[SEPARATION FOR MISCONDUCT OR MALFEASANCE
[SEC. 663. The Secretary shall separate from the Service any alien
clerk or employee who. shall be found guilty of misconduct or
malfeasance.
[PART H-SEPARATION OF CONSULAR AGENTS
[SEC. 671. The Secretary : may, under such regulations as he may
prescribe, separate any consular agent from the Service on account
of-
[(a) the unsatisfactory performance of his duties; or
[-(b) misconduct or malfeasance.
[PART' I-INSPECTION
[SEC. 681. The Secretary. shall assign or detail Foreign Service Ofl'i-
?cers as Foreign Service inspectors . to inspect in a substantially uni-
form manner and at least once every two years the work of the diplo-
matic and consular establishments of the United States. Whenever
the Secretary has reason to believe that the business of a consulate is
not being properly conducted and that it is necessary in the public
interest, he may authorize any Foreign Service inspector to suspend
the principal officer or any subordinate consular officer and to admin-
ister the office in the place of the principal officer for a period not
exceeding ninety days. The Secretary may also authorize a Foreign
Service inspector to suspend any diplomatic officer except a chief of
mission. A Foreign Service inspector shall have the authority to sus-
pend any other officer or employee of the Service.
[PART J-FOREIGN SERVICE GRIEVANCES
[STATEMENT OF PURPOSE
[SEC. 691. It is the purpose of this part to provide officers and em-
ployees of the Service and their survivors a grievance procedure to
insure a full measure of due process, and to provide for the just con-
sideration and resolution of grievances of such officers, employees, and
survivors.
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[REGULATIONS OF THE SECRETARY
[SEC. 692. The Secretary shall, consistent with the purposes stated
in section 691 of this Act, implement this part by promulgating regu-
lations, and revising those regulations when necessary, to provide for
the consideration and resolution of grievances by a board. No such
regulation promulgated by the Secretary shall in any manner alter or
abridge the provisions of due process established by this section for
grievants. The regulations shall include, but not be limited to, the
following :
[(1) Procedures for the resolution of grievances in accordance with
the purposes of this part shall be established by agreement between
the Secretary and the organization accorded recognition as the exclu-
sive representative of the officers and employees of the Service. If a
grievance is not otherwise resolved under agency procedures within
ninety days of presentation, a grievant shall be entitled to file a griev-
ance with the board for its consideration and resolution. For the
purposes of the regulations-
[ (A) "grievant" shall mean any officer or employee of the Serv-
ice who is a citizen of the United States; or for purposes of sub-
paragraphs (C) and (D), a former officer or employee of the
Service; or in the case of death of the officer or employee, a
surviving spouse or dependent family member of the officer or
employee;
[ (B) "grievance" shall mean any act or condition subject to the
control of the Department of State, United States Information
Agency, or the Agency for International Development (hereafter
in this part referred to as the foreign affairs agencies, or agen-
cies) which is alleged to deprive the grievant of a right or benefit
authorized by law or regulation, or is otherwise a source of con-
cern or dissatisfaction to the grievant; and grievances shall in-
clude but not be limited to complaints against separation of an
officer or employee allegedly contrary to law or regulation or
predicated upon alleged inaccuracy (including inaccuracy result-
ing from omission of any relevant and material document) or
falsely prejudicial character of any part of the grievant's official
personnel record; other alleged violation, misinterpretation, or
misapplication of applicable law, regulation, or published policy
affecting the terms and conditions of the grievant's employment
or career status; allegedly wrongful disciplinary action against
an employee constituting a reprimand or suspension from official
duties; dissatisfaction with any matter subject to the control of
the agency with respect to the grievant's physical working en-
vironment; alleged inaccuracy, error, or falsely prejudicial ma-
terial in the grievant's official personnel file; and action alleged
to be in the nature of reprisal for an employee's participation in
grievance procedures; but grievances shall not include complaints
against individual assignments or transfers of Foreign Service
officers or employees which are ordered in accordance with law
and regulation, judgments of Selection Boards pursuant to sec-
tion 623 or of equivalent bodies in ranking Foreign Service officers
and employees for promotion on the basis of merit or judgments
in examinations prescribed by the Board of Examiners pursuant
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to section 516 or 517, termination of time limited appointments
pursuant to section. 638 and the pertinent regulations prescribed
'by the employing agency, or any complaints or appeals where a
specific statutory appeal procedure exists (other matters not spe-
cified in this paragraph may be excluded as grievances only by
written agreement of the agencies and the exclusive representa-
tive organization) ;
[(C) except as provided in paragraph (D) when the grievant
is a former officer or employee or a surviving spouse or dependent
family member of a former officer or employee, "grievance" shall
mean a complaint-that an allowance. or other financial benefit has
been denied arbitrarily, capriciously, or contrary to applicable
law or regulation;
I (D) when the grievant is a former officer who was involun-
tarily retired pursuant to sections 633 and 634 of this Act within
six years prior to the enactment of this part, "grievance" shall
mean a complaint that such involuntary retirement violated appli-
cable ]aw or regulation effective at the time of the retirement or
that the involuntary retirement was predicated directly upon
material contained in the grievant's official personnel file alleged
,to be erroneous or falsely prejudicial in character; and
[(E) "party" shall mean the grievant or the foreign affairs
agency having control over the act or condition forming the sub-
ject matter of the grievance.
~[(2) (A) The board considering and resolving grievances shall be
composed of independent, distinguished citizens of the United States,
well-known for their integrity, who are not active officers, employees
or consultants of the foreign affairs agencies (except as members of the
Grievance Board established under 3 Foreign Affairs Manual 660) but
may be -retired officers or employees. The board shall consist of not
less than five members including a Chairman. Membership of the
board, selection of the Chairman, and terms of the service of the mem-
bers shall be determined by the foreign affairs agencies and the orga-
nization accorded recognition as the exclusive representative of the
officers or employees of the Service in accordance with procedures
agreed pursuant to paragraph (1). If the agencies and organization
do not agree on membership of the board prior to the effective date of
this part, the members shall be chosen by elimination, in equal num-
bers from a list submitted by the agencies and a list submitted by the
organization, and the Chairman shall be chosen, by alternate striking
by the agencies and the organization, from a separate list obtained
from the Federal Mediation and Conciliation Service. Unless other-
wise agreed upon, the term of service shall be two years, renewable.
All members of the board shall act as impartial individuals in con-
sidering grievances. The board may act by or through panels or indi-
vidual members designated by the Chairman, except that hearings
within the continental United States shall be held by panels of at least
three members unless the parties agree otherwise. Members including
the Chairman who are not employees of the Federal Government shall
receive compensation for each day they are performing their duties as
members of the board (including traveltime) at the daily rate paid an
individual at GS-18 of the General Schedule under section 5332 of title
5 of the United States Code.
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[ (B) In accordance with this part, the board may adopt regulations
concerning the organization of the board and such regulations as may
be necessary to govern its proceedings. The board may obtain facil-
ities, services and supplies through the general administrative services
of the Department of State. All expenses of the board shall be paid
out of the funds appropriated to the Department for obligation and
expenditure by the board. At the request of the board, officers and
employees on the rolls of the foreign affairs agencies may be assigned
as staff employees for the board. Within the limit of appropriated
funds, the board may appoint and fix the compensation of such other
employees as the board considers necessary to carry out its functions.
The officers and employees so appointed or assigned shall be respon-
sible solely to the board and the board shall prepare the performance
evaluation reports for such officers and employees. The records of the
board shall be maintained by the board and shall be separate from all
other records of the foreign affairs agencies.
[(3) A grievance under such regulations is forever barred, and the
board shall not consider or resolve the grievance, unless the grievance
is presented within a period of three years after the occurrence or
occurrences giving rise to the grievance, except that if the grievance
arose earlier than two years prior to the date the regulations are first
promulgated or placed into effect, the grievance shall be so barred, and
not so considered and resolved, unless it is presented within a period
of two years after the effective date of the regulations. There shall be
excluded from the computation of any such period any time during
which the grievant was unaware of the grounds which are the basis of
the grievance and could not have discovered such grounds if he or
she had exercised, as determined by the board, reasonable diligence.
[(4) The board shall conduct a hearing, at the request of a grievant,
in any case which involves disciplinary action or a grievant's retire-
ment from the Service under section 633 of this Act or which in the
judgment of the board can best be resolved by a hearing or by pres-
entation of oral argument. The grievant, a reasonable number of rep-
resentatives of the grievant's own choosing, and a reasonable number
of representatives of the foreign affairs agency concerned are entitled
to be present at the hearing. The board may, after considering the
views of the parties and any other individuals connected with the
grievance, decide that a hearing should be open to others. Testimony
at a hearing shall be given by oath or affirmation, which any board
member or person designated by the board shall have authority to
administer (and this paragraph so authorizes). Each party (A) shall
be entitled to examine and cross-examine witnesses at the hearing or
by deposition, and (B) shall be entitled to serve interrogatories upon
another party and have such interrogatories answered by the other
party unless the board finds such interrogatory irrelevant or imma-
terial. Upon request of the board, or upon a request of the grievant
deemed relevant and material by the board, the foreign affairs agen-
cies shall promptly make available at the hearing or by deposition any
witness under the control, supervision, or responsibility of the foreign
affairs agencies, except that if the board determines that the presence
of such witness at the hearing is required for just resolution of the
grievance, then the witness shall be made available at the hearing.
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[(5) Any grievant filing a grievance, and any witness or other per-
son involved in a proceeding under the regulations adopted pursuant
to paragraph (1), shall be free from any restraint, interference, coer-
cion, harassment, discrimination, or reprisal in those proceedings or by
virtue of them. The grievant has the right to a representative of his
own choosing at every stage of the proceedings. The grievant and his
representatives who are under the control, supervision, or responsibil-
ity of the foreign affairs agencies shall be granted reasonable periods
of administrative leave to prepare, to be present, and to present the
grievance of such grievant. Any witness under the control, supervi-
sion, or responsibility of the foreign affairs agencies shall be granted
reasonable periods of administrative leave to appear and testify at
any such proceeding.
[(6) In considering the validity of a grievance, the board (except
as provided in paragraph (8)) shall have access, to the extent per-
mitted by laws, to any agency record considered by the board to be
relevant to the grievant and the subject matter of the grievance.
. [(7) The agency shall, subject to applicable law, promptly furnish
the grievant any agency record which the grievant requests to sub-
stantiate his grievance and which the board determines is relevant
and material to the proceeding. When deemed appropriate by the
board, a grievant may be supplied with only a summary or extract of
classified material.
[(8) Notwithstanding paragraphs (6) and (7), nothing in this Act
shall be construed to require the disclosure of any official agency rec-
ord to the board or a grievant where the head of agency or his deputy
determines in writing that such disclosure would adversely affect the
foreign policy or national security of the United States.
[(9) The agencies shall use their best endeavors to expedite security
clearances whenever necessary to insure a fair and prompt investiga-
tion and hearing.
[(10) During any hearings held by the board, any oral or documen-
tary evidence may be received but the board shall exclude any irrele-
vant, immaterial, or unduly repetitious evidence as determined under
section 556 of title 5 of the United States Code. A verbatim transcript
shall be made of any hearing and shall be part of the record of
proceedings. In those grievances in which the board holds no hear-
ing, the board shall offer to each party the opportunity to review and
to supplement, by written submissions, the record of proceedings
prior to its decision. The board decision shall be based exclusively on
the record of proceedings.
(11) If the board determines that the agency is considering any
action of the character of separation or termination of the grievant,
disciplinary action against the grievant, or recovery from the grievant
of alleged overpayment of salary, expenses, or allowances, which is
related to a grievance rending before the board, and that such action
should be suspended, the agency shall suspend such action until the
board has ruled upon such grievance. Other matters not specified in
this paragraph may be made subject to suspension of action by the
procedures established by agreement under paragraph (1). Notwith-
standing such suspension of action. the head of the agency concerned
or a chief of mission or principal officer may exclude an officer or
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employee from official premises or from the performance of specified
duties when determined in writing to be essential to the functioning
of the post or office to which the employee is assigned.
E(12) Upon completion of the hearing or the compilation of such
record as the board may find appropriate in the absence of a hearing,
the board shall expeditiously decide the grievance on the basis of the
record of proceedings. In each case the decision of the board shall be
in writing, shall include findings of fact, and shall include the reasons
for the board's decision. The grievant shall have access to the record
of proceedings including the decision.
[(13) If the board finds that the grievance is meritorious, the' board
shall have authority, within the limitations of the authority of the
head of the agency, to direct the agency (A) to correct any official per-
sonnel record relating to the grievant which the board finds to be
inaccurate or falsely prejudicial; (B) to reverse an administrative de-
cision denying the grievant compensation or any other prerequisite of
employment authorized by law or regulation when the board finds that
such denial was arbitrary, capricious, or contrary to law or regula-
tion; (C) to retain in service an employee whose termination would
be in consequence of the matter by which the employee is aggrieved;
(D) to reinstate with back pay, under applicable law and regulations,
an employee where it is clearly established that the separation or
suspension without pay of the employee was unjustified or unwar-
ranted ; and (E) to take such other remedial action as may be pro-
vided in the procedures agreed pursuant to paragraph (1). Such
orders of the board shall be final, subject to judicial review as provided
in section 694, except that reinstatement of former officers who have
filed grievances under paragraph (1) (D) shall be presented as board
recommendations, the decision on which shall be subject to the sole
discretion of the agency head or his designee who shall take into
account the needs of the Service in deciding on such recommendations,
and shall not be reviewable under section 694.
[(14) If the board finds that the grievance is meritorious and that
remedial action should be taken that directly relates to promotion or
assignment of the grievant or to other remedial action not provided in
paragraph (13), or if the board finds that the evidence before it war-
rants disciplinary action against any officer or employee, it shall make
an appropriate recommendation to the head of the agency, and forward
to the head of the agency the record of the board's proceedings includ-
ing the transcript of the hearing if any. The head of the agency (or
his designee, who shall not have direct responsibility for administra-
tive management) shall make a written decision on the board's recom-
mendation. A recommendation of the board may be rejected in part or
in toto if the action recommended would be contrary to law, would
? adversely affect the foreign policy or security of the United States, or
would substantially impair the efficiency of the Service. If the decision
rejects the recommendation in part or in toto, the decision shall state
specifically any and all reasons for such action. Pending the decision,
there shall be no ex parte communication concerning the grievance
between the agency head (or his designee) and any person involved in
the grievance proceeding.
[(15) The board shall have authority to insure that no copy of the
determination of the agency head or his designee to reject a board rec-
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oinmendation, no notation of the failure of the board to find for the
grievant, and no notation that a proceeding is pending or has been
held, shall be entered in the personnel records of the grievant (unless
by order of the grievance board as a remedy for the grievance) or any
other officer or employee connected with the grievance. Nothing con-
tained herein shall prevent the agency from maintaining grievance
records under appropriate safeguards to preserve confidentiality.
[ (16) A grievant whose grievance is found not to be meritorious by
the board may obtain reconsideration by the board only upon present-
ing newly discovered or previously unavailable material evidence not
previously considered by the board and then only upon approval of the
board.
[RELATIONSHIP TO OTHER REMEDIES
[SEC. 693. (a) A grievant may not file a grievance under this part
if he has formally requested, prior to filing a grievance, that the mat-
ter or matters which are the basis of the grievance be considered or
resolved, and relief provided, under a provision of law, regulation, or
Executive order (other than under this part) and the matter has been
carried to final decision thereunder on its merits or is still under
consideration.
f(b) If a grievant is not prohibited from filing a grievance under
this part by subsection (a), he may file a grievance within the juris-
diction of the board under this part notwithstanding the fact that
such grievance may be eligible for consideration, resolution, and relief
under a regulation or Executive order other than under this part, but
such election of remedies shall be final upon the acceptance of jurisdic-
tion by the board.
[JUDICIAL REVIEW
{SEC. 694. Notwithstanding any other provision of law, any ag-
grieved party may obtain judicial review of regulations promulgated
by the Secretary under section 692 of this Act, revisions of such
regulations, and final actions of the agency head or the board pursuant
to such section, in the District Courts of the United States, in ac-
cordance with the standards set forth in chapter 7 of title 5 of the
United States Code. Section 706 of title 5 shall apply without limita-
tion or exception.
[TITLE VII-THE FOREIGN SERVICE INSTITUTE
[ESTABLISHMENT OF THE INSTITUTE ?
.[SEC. 701. The Secretary shall, in order to furnish training and in-
struction to officers and employees of the Service and of the Depart-
ment and to other officers and employees of the Government for whom
training and instruction in the field of foreign relations is necessary,
and in order to promote and foster programs of study incidental to
such training, establish a Foreign Service Institute, hereinafter called
the Institute. The Secretary may also provide appropriate orientation
and language training to members of family of officers and employees
of the Government in anticipation of the assignment abroad of such
officers and, employees or :while abroad. Other agencies of the Govern-
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ment shall wherever practicable avoid duplicating the facilities of the
Institute and the training provided by the Secretary at the Institute
or elsewhere.
[THE DIRECTOR OF THE INSTITUTE-APPOINTMENT, SALARY, AND DATES
;[SEC. 702. The head of the Institute, who shall be known as its
Director, shall be appointed by the Secretary. The Director shall,
under the general supervision of the Director General and under such
regulations as the Secretary may prescribe, establish the basic pro-
cedures to be followed by the Institute; plan and provide for the
general nature of the training and instruction to be furnished at the
Institute; correlate the training and instruction to be furnished at
the Institute with the training activities of the Department and other
Government agencies and with courses given at private institutions
that are designed or may serve to furnish training and instruction to
officers and employees of the Service; encourage and foster such pro-
grams outside of the Institute as will be complementary to those of
the Institute; and take such other action as may be required for th,e
proper administration of the Institute.
[AID TO NONPROFIT INSTITUTIONS
[SEC. 703. The Secretary may, within the limits of such appropria-
tions as may be made specifically therefor, make grants or furnish
such other gratuitous assistance as he may deem necessary or advisable
to nonprofit institutions cooperating with the Institute in any of the
programs conducted by the Director by authority of this title.
[APPOINTMENT, ASSIGNMENT, AND DETAIL TO THE INSTITUTE
[SEC. 704. (a) The Secretary may appoint to the faculty or staff
of the Institute on a full- or part-time basis such personnel as he may
deem necessary to carry out the provisions of this title in accordance
with the provisions of the civil service laws and regulations and the
Classification Act of 1949, as amended, except that, when deemed
necessary by the Secretary for the effective administration of this
title, personnel may be appointed without regard to such laws and
regulations, but any person so appointed shall receive a salary at one
of the rates provided by the Classification Act of 1949, as amended.
All appointments to the faculty or staff of the Institute shall be made
without regard to political affiliations and shall be made solely on
the basis of demonstrated interest in, and capacity to promote, the
purposes of the Institute.
[(b) The Secretary may, under such regulations as he may prescribe
and on a full- or part-time basis, assign or detail officers and employees
of the Service to serve on the faculty or staff of the Institute or to re-
ceive training at the Institute.
[(c) The Secretary may, under such regulations as he may prescribe
and on a full- or part-time basis, assign or detail any officer or em-
ployee of the Department, and, with the consent of the head of the
Government agency concerned, any other officer or employee of the
Government, to serve on the faculty or staff of the Institute, or to
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receive training. During the period of his assignment or detail, such
officer or employee shall be considered as remaining in the position
from which assigned.
[(d) It shall be the duty of the Director to make-recommendations
to the Secretary with regard to the appointment, assignment, or de-
tail of persons to serve on the faculty or staff of the Institute, and the
Secretary shall in each case take such recommendations into considera-
tion in making such appointments, assignments, or details.
[(e) The Secretary may, under such regulations as he may pre-
scribe, in the absence of suitably qualified United States citizens, em-
ploy persons who are not citizens of the United States by appointment
to the staff of the Institute either on a full- or part-time basis or by
contract for services in the United States or abroad at rates not in
excess of those provided by the Classification Act of 1949, as amended
(5 U.S.C.5101).
[(f) The Secretary may, under such regulations as he may pre-
scribe, provide. special monetary or other incentives not inconsistent
with this Act to encourage Foreign Service personnel to acquire or
retain proficiency in esoteric foreign languages or special abilities
needed in the Service.
[INSTRUCTION AND EDUCATION AT LOCALITIES OTHER THAN THE INSTITUTE
[SEC. 705. The Secretary may, under such regulations as he may
prescribe, paythe tuition and other expenses, of officers and employees
of the Service,-assigned or detailed in accordance with the provisions
of section 573 (b) for special instruction or training at or with public
or private nonprofit institutions, trade, labor, agricutural, or scientific
associations; or commercial firms.
[ENDOWMENTS AND GIFTS TO THE INSTITUTE
[SEC. 706. The Secretary may accept, receive, hold, and administer
gifts, bequests, or devises of money, securities, or property made for
the benefit of, or in- connection with, the Foreign Service Institute in
accordance with part C of title X.
[ACQUISITION OF REAL PROPERTY
[SEC. 707. The Secretary may, in the name of the United States,
acquire such real property as may be. necessary for the operation and
maintenance of the Institute and, without regard to section 3709 of
the Revised Statutes, such other property and equipment as may be
necessary for its operation and maintenance.
[ORIENTATION AND LANGUAGE TRAINING FOR FAMILY MEMBERS
[SEC. 708. (a) To facilitate orientation and language training pro-
vided to members of families of officers and employees of the Govern-
ment pursuant to section 701, the Secretary may make grants to family
members attending language and orientation programs of study of the
Institute. No such grant may exceed The aimount actually expended for
necessary costs incurred in conjunction with such attendance, and in
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no event may any such grant exceed $300 per month per individual.
No individual may receive such a grant for more than six months in
connection with any one assignment.
[(b) If a member of the family of an officer or employee of the Gov-
ernment who is assigned abroad is unable to participate in language
training provided by the Department at the Institute or elsewhere, the
Secretary may partially compensate that family member for language
training, related to the assignment abroad, which is undertaken at a
public or private institution.
[TITLE VIII-THE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM
[PART A-ESTABLISHMENT OF SYSTEM
[RULES AND REGULATIONS
[SEC.,801. (a) The President may prescribe rules and regulations
for the maintenance of a Foreign Service Retirement and Disability
System, originally established by section 18 of the Act of May 24,
1924 (43 Stat. 144), referred to hereafter as the System.
[(b) The Secretary shall administer the System in accordance with
such rules and regulations and with the principles established by this
Act.
[MAINTENANCE OF FUND
[SEC. 802. The Secretary of the Treasury shall maintain the special
fund, known as the Foreign Service Retirement and Disability Fund,
referred to hereafter as the Fund, originally constituted by section 18
of the Act of May 24, 1924 (43 Stat. 144).
[PARTICIPANTS
[SEC. 803. (a) The following persons, hereafter referred to as par-
ticipants, shall be entitled to the benefits of the System :
[ (1) All Foreign Service officers ;
[(2) All other persons making contributions to the Fund on the
effective date of this Act;
[(3) Any chief of mission who is not otherwise entitled to be a par-
ticipant and who fulfills the conditions of paragraph (b) of this
section ;
? [(4) All Foreign Service staff officers and employees appointed by
the Secretary of State or the Director of the International Communi-
cation Agency with unlimited appointments.
[(b) A person to become -a participant in accordance with the pro-
visions of paragraph (a) (3) of this section must-
[ (1) have served as chief of mission for an aggregate period of
twenty years or more, exclusive of extra service credit in accord-
ance with the provisions of section 853; and
[(2) have paid into the Fund a special contribution for each
year of such service in accordance with the provisions of section
811.
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158
[DEFINITIONS
[SEC. 804. When used in this title unless otherwise specified, the
term-
[ (1) "Annuitant" means any person including a former partici-
pant or survivor who meets all requirements for an annuity from
the Fund under the provisions of this or any other Act and who
has filed claim therefor.
[(2) "Surviving spouse" means the surviving wife or husband
of a participant or annuitant who, in the case of a death in Service
or marriage after retirement,.was married to the participant or
annuitant for at least two years 1 immediately preceding his or
her death or is the parent of -a child born of the marriage.
[(3) "Child", except in section 841, means an unmarried child,
under the age of eighteen years, or such unmarried child regard-
less of age who because of physical or mental disability incurred
before age eighteen is incapable of self-support. In addition to
the offspring of the participant, such term includes (A) an
adopted child, (B) a stepchild or recognized natural child who
received more than one-half support from the participant, and
(C) a child who lived' with and for whom a 'petition of adoption
was filed by a participant, and who is adopted by the surviving
spouse of the participant after the latter's death. Such term also
includes an unmarried student below the age of twenty-two years.
For this purpose a child whose twenty-second birthday occurs
before July 1 or after August 31 of a calendar year, and while a
student is deemed to have become twenty-two years of age on the
first day of July after that birthday.
[(4) "Student" means a child regularly pursuing a full-time
course of study or training in residence in a high school, trade
school, technical or vocational institute, junior college, college,
university, or comparable recognized educational institution. A
child who is a student shall rot be deemed to have ceased to be a
student during any interim between school years, semesters, or
terms if the interim-or other period of nonattendance does not
exceed five calendar months and if the child shows to the satisfac-
tion of the Secretary that he-or she has a bona fide intention of
continuing to pursue such course during the school year, semester,
or term immediately following the interim.
E(5) "Military and naval service" means honorable active
service-
r (A) in the Armed Forces of the United States ;
[(B) in the Regular or Reserve Corps of the Public Health
Service after June 30, 1960; or
[(C) as a commissioned officer of the National Oceanic and
Atmospheric Administration or predecessor organization
after June 30, 1961;
but does not include service in the National Guard except when
ordered to active duty in the service of the United States.
[(6) "Foreign Service normal cost" means the level percentage
of payroll required to be deposited in the Fund to meet the cost of
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benefits payable under the System (computed in accordance with
generally accepted actuarial practice on an entry-age basis) less
the value of retirement benefits earned under another retirement
system for Government employees and less the cost of credit
allowed for military service.
[(7) "Fund balance" means the sum of-
[(A) the investments of the Fund calculated at par value;
and
[(B) the cash balance of the Fund on the books of the
Treasury.
[(8) "Unfounded liability" means the estimated excess of the
present value of all benefits payable from the Fund over the
sum of-
[(A) the present value of deductions to be withheld from
the future basic salary of participants and of future agency
contributions to be made in their behalf; plus
[(B) the present value of Government payments to the
Fund under section 865 of this title; plus
[(C) the Fund balance as of the date the unfunded liability
is determined.
[(9) "Price index" means the Consumer Price Index (all
items-United States city average) published monthly by the
Bureau of Labor Statistics.
[AuTI-IORITY TO MATNTATN EXISTTN G AREAS OF CONFORMITY BETWEEN
CIVIL SERVICE AND FOREIGN SERVICE RETIREMENT SYSTEMS
[SEC. 805. (a) In order to maintain existing conformity between the
Civil Service Retirement and Disability System and the Foreign Serv-
ice Retirement and Disability System, whenever (subsequent to Jan-
uary 1, 1974) a law is enacted which affects a provision of general
applicability in the Civil Service Retirement and Disability System
(subchapter III, chapter 83, title 5, United States Code) or otherwise
affects current or former participants, annuitants, or survivors under
that System which, immediately prior to the enactment of such law,
had' been substantially identical to a corresponding provision of law
affecting participants, former participants, annuitants, or survivors
under the Foreign Service Retirement and Disability System, such new
provision of law shall be deemed to extend to the latter'System so that
it applies in like manner with respect to such Foreign Service Retire-
ment and Disability System participants, former participants, annui-
tants, or survivors. The President is authorized by Executive order to
prescribe regulations to implement this section and to make such
extension retroactive to a date no earlier than the effective date of such
provision for the Civil Service Retirement and Disability System.2
2 On Jan. 7. 1977. the President exercised his authority under this section by issuing
Executive Order 11952 (42 F.R. 2295). Such Executive Order was revoked by Executive
Order 12145 of July 18. 1979 (44 F.R. 42653) after being incorporated into the new
Executive Order. Executive Order 12145 extended the following provisions of laws to the
Foreign Service Retirement and Disability System :
(1) Public Law 93-260, approved April 9, 1974 (88 Stat. 76).
(2) Public Law 93-273, approved April 26, 1974 (88 Stat. 93).
(3) Public Law 94-166, approved December 23. 1975 (89 Stat. 1002).
(4) Public Law 95-317, approved July 10, 1978 (92 Stat. 385).
(5) Public Law 95-366, approved September 15, 1978 (92 Stat. 600).
(6) Public Law 95-382, approved September 22, 1978 (92 Stat. 727).
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IN Any provisions of an Executive order issued under the au-
thority of this section shall modify, supersede, or render inapplicable,
as the case may be, to the extent inconsistent therewith-
(Continued)
The text of the Foreign Service Act of 1946 shown in brackets incorporates the conform-
ing changes described in Executive Order 12145, the text of which is as follows
Executive Order 12145 of July 18, 1979
FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM
By the authority vested in me as President by the Constitution and statutes of the
United States of America, including Section 805 of the Foreign 'Service Act of 1946, as
added by Section 503 of Public Law 94-350 (90 Stat. 835; 22 U.S.C. 1065), in order to
conform the Foreign Service Retirement and Disability System to certain amendments to
the Civil Service Retirement and Disability System, it is hereby ordered as follows :
1-101. (a) The enactment (after January 1, 1974) of certain laws has affected a number
of provisons of general applicability in the Civil Service Retirement and Disability System
(subchapter III, Chapter 83 of Title 5 of the United 'States Code (or otherwise affected
current or former participants, annuitants, or survivors under that System, which, im-
mediately prior to the enactment of such laws, had been substantially Identical to corre-
sponding provisions of law affecting participants, former participants, annuitants or sur-
vivors under the Foreign Service Retirement and Disability 'System. Those laws are set
forth at Annex I, attached hereto and made a part hereof.
(b) The provisions of the laws referred to in subsection (a) above are extended, as pro-
vided by Section 805 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1065), to
the Foreign Service Retirement and Disability System in accordance with the provisions
of this Order, which provisions shall modify, supersede, or render inapplicable all incon-
sistent prior provisions of law.
1-102. In accord with 'Section 1 of Public Law 93-260, Section 804(2) of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1064(2) ), is deemed to be amended by striking
out "two years" wherever it appears and Inserting in lieu thereof "one year": This amend-
ment shall apply only in the cases of participants, former participants, or annuitants who
died on or after April 9, 1974 but no annuity shall be paid or recomputed, by virtue of
this amendment, for any period prior to May 1, 1974.
1-103. In accord with Section 1(b) of Public Law 95-382, 'Section 811 of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1071), shall be deemed to be amended to pro-
vide that. "No contribution shall be required for any period for which credit is allowed to
persons of Japanese ancestry for being interned or otherwise detained (luring World War II,
as described in Section 1(a) of Public Law 95-382.".
1-104. In accord with Section 1 of Public Law 93-273, and notwithstanding any other
provision of Section 821 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1076),
said Section 821 shall be deemed to be amended to provide for the payment of a minimum
annuity as set forth at Section 821-1 of Annex II attached hereto and made a part hereof.
1-105. In accord with Section 2 of Public Law 93-273, 'Section 821 of the Foreign Serv-
ice Act of 1946, as amended (22 U.S.C. 1076), shall be deemd to be amended to provide
an increase in annuities, which have been computed on the highest five consecutive years
of service, as set forth at Section 821-2 of Annex II, attached hereto and made a part
hereof.
1-106. In accord with Sections 1(a) and 4 of Public Law 95-317, Section 821 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1076), shall be deemed to be amended
to provide for the recomputation of annuities for nonmarried annuitants as set forth at
Section 821-3 of Annex II, attached hereto and made a part hereof.
1-107. (a) In accord with 'Section 1(c) of Public Law 95-317 the last sentence of Sec-
tion 821(g) of the Foreign 'Service Act of 1946, as amended (22 U.S.C. 1076(g)), shall be
deemed to he amended to read as follows : "The annuity reduction or recomputation shall
be effective the first day of the first month beginning one year after the date of marriage."
(h) The amendment made by paragraph (a) above shall apply with respect to survivor
elections received by the Secretary on or after October 1, 1978.
1-lOS. (a) In accord with Section 2 of Public Law 95-317. Section 821(f) of the Foreign
Service Act of 1946. as amended (22 U.S.C. 1076(f)), shall be deemd to be amended by
adding at the end thereof the following : "An annuity which is reduced under this sub-
section or any similar prior provisions of law shall, effective the first day of the month
following the death of the beneficiary named under this subsection, be recomputed and paid
as if the annuity had not been so reduced.".
(b) The amendment made by paragraph (a) above shall apply with respect to annuities
which commence before, on, or after October 1, 1978, but no monetary benefit by reason of
such amendment shall accrue for any period before October 1. 1978.
1-109. In accord with Section 3 of Public Law 95-317. Section 821 of the Foreign
Service Act, as amended (22 U.S.C. 1076), shall be deemed to be amended to provide a
requirement for annual notice to participants, as set forth at Section 821-4 of Annex II,
attached hereto and made a part hereof.
1-11.0. In accord with subsection (c) and (d) of Section 2 of Public Law 95-3S2, Section
821 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1076), shall be deemed
to be amended to provide World War II Internment annuity credit as set forth at Section
821-5 of Annex II, attached hereto and made a part hereof.
1-111. In accord with Sections 1(a) and 2 (a) and (b) of Public Law 95-382. Section
851 of the Foreign Service Act of 1946. as amended (22 U.S.C. 1091), shall be deemed to
be amended to provide additional creditable service as set forth at Section 851-1 at Annex
III attached hereto and made a part hereof.
1-112. In accord with Public Law 94-166 and Public Law 95-366, Section 864 of the
(Continued)
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[ (1) all provisions of law enacted prior to the effective date of
the provision of such Executive order, and
(Continued)
Foreign Service Act of 1946, as amended (22 U.S.C. 1104), shall be deemed to be amended
to read as set forth at Annex IV, attached hereto and made a part hereof.
1-113. Because the provisions of Executive Order No. 119b2 of January 7, 1977, have
been incorporated into this Order or its Annexes, Executive Order No. 11952 is revoked.
JIMMY CARTER.
THE WHITE HousE, July 18, 1979.
ANNEX I
1-101. Section 1 of Public Law 93-260, approved April 9, 1974 (88 Stat. 76).
1-102. Public Law 93-273, approved April 26, 1974 (88 Stat. 93).
1-103. Public law 94-166, approved December 23, 1975 (89 Stat. 1002).
1-104. Public Law 95-317, approved July 10, 1978 (92 Stat. 382).
1-105. Public Law 95-366, approved September 15, 1978 (92 Stat. 600).
1-106. Public Law 95-382, approved September 22, 1978 (92 Stat. 727).
ANNEX II
Section 821 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1076), shall be
deemed to be amended to provide :
821-1. Payment of Minimum Annuity.
821-101. The monthly rate of an annuity payable under Section 821 of the Foreign
Service Act of 1946, as amended, to an annuitant, or to a survivor annuitant other than
a child, shall not be less than the smallest primary insurance amount, including any cost
of living increase added to that amount, authorized to be paid from time to time under
Title 11 of tue Social Security Act (42 U.S.C. 401 et seq.).
821-102. The monthly rate of an annuity payable, under said Section 821, to a sur-
viving child shall not be less than the smallest primary insurance amount, including any
cost of iving increase added to that amount, authorized to be paid from time to time under
Title II of the Social Security Act (42 U.S.C. 401 et seq.), or three times such primary
insurance amount divided by the number of surviving children entitled to an annuity,
whichever is the lesser.
821-103. The provisions of this Section 821-1 shall not apply to an annuitant or to a
survivor who is or becomes entitled to receive from the United States an annuity or retired
pay under any other civilian or military retirement system, benefits under Title II of the
Social Security Act (42 U.S.C. 401 et seq.), a pension, veterans' compensation, or any other
periodic payment of a similar nature, when the monthly rate thereof is equal to or greater
than the smallest primary insurance amount, including any cost of living increase added
to that amount, authorized to be paid from time to time under Title II of the Social Security
Act (42 U.S.C. 401 et seq.).
821-104. The provisions of this Section 821-1 apply to all annuities, whether com-
menced before, on, or after August 1, 1974, but no increase in any annuity shall be paid
or recomputed wider this subsection for any period prior to August 1, 1974.
821-2. Increase in Annuities.
821-201. An annuity payable to a former participant which is based on a separation
occurring pr'or to October 20, 1969, is increased by $240.00.
821-202. In lieu of any increase based on an increase tinder subsection 201, an annuity to
the surviving spouse of a participant or annuitant which is based on a separation occurring
prior to October 20, 1969, is increased by $132.00.
821-203. The provisions of this Section 821-2 shall not apply to annuities payable under
Section 523(c) of Public Law 94-350 (90 Stat. 847, 22 U.S.C. 1076 note), or any similar
prior provision of law, to the surviving spouse of a participant or annuitant.
821-204. The monthly rate of an annuity resulting from an increase under this Section
821-2 shall be considered as the monthly rate of annuity payable under Section 821 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1076), for purposes of computing the
minimum annuity as provided in Section 821-1 of this Annex.
821-205. The provisions of this subsection apply to all annuities, whether commenced
before, on, or after August 1, 1,974, but no increase in any annuity shall be paid or recom-
puted under this Section 821-2 for any period prior to August 1, 1974.
821-3. Recomputation of Annuities for Nontuarried Annuitants.
821-301. An annuity which is reduced under Section 821(b)(1) of the Foreign Service
Act of 1946, as amended (22 U.S.C. 1076(b) (1) ), or any similar pr?or provision of law
shall, for each full month during which a retired participant is not married (or is renmar-
ried if there is no election in effect tinder the following sentence), be recomputed and paid
as if the annu'.ty had not been so reduced. Upon remarriage the retired participant may
irrevocably elect during such marriage, in a signed writing received in the Department of
State within one year after such remarriage, a reduction in the participant's annuity for
the purpose of allow'.ng an annuity for the participant's spouse in the event such spouse
survives the participant. Such reduction shall be equal to the reduction in effect Immedi-
ately before the dissolution of the previous marriage, and shall be effective the first day of
the first month beginning one year after the date of the remarriage.
821-302. Except as provided in subsection 303 below, the provisions of subsection 301
above shall apply with respect to annuities which commence before, on, or after October 1,
1978, but no monetary benefit by reason of such provision shall accrue for any period before
October 1. 1978.
821-303. The provisions in subsection 301 above shall not affect the eligibility of any
individual to a survivor annuity under Section 821 of the Foreign Service Act of 1946, as
amended, or the reduction therefor, in the case of an annuitant who remarried before
(Continued)
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.[ (2) any prior provision of an Executive order issued under
authority of this section.
(Continued)
October 1, 1978, unless the annuitant notifies the Department of State in a signed writing
received in the Department within one year after October 1, 1978, that such annuitant does
not desire the spouse of the annuitant to receive a survivor annuity in the event of the
annuitant's death. Such notification shall take effect the first day of the first month after it
is received in the Department.
821-4. Annual Notice to Participants.
The Secretary shall, on an annual basis, inform each participant of such participant's
right of election under Section 821-3 of this Annex and under Section 821(g) of the Foreign
Service Act of 1946, as amended by Section 1-107 of this Executive Order.
821-5. World War II Internment Annuity Credit.
821-501. An annuity or survivor annuity based upon the service of a participant who is
of Japanese ancestry and who was interned or otherwise detained during World War II, as
described in Section 851-1 of Annex III of this Executive Order, shall upon application to
the Secretary, be recomputed to provide creditable service for such period of internment or
detention, as provided In that Section 851-1 of Annex III of this Executive Order. Any such
recomputation of an annuity shall apply with respect to months beginning more than 30
days after the date on which application for such recomputation is received by the
Secretary.
821-502. The Secretary shall take such action as may be necessary and appropriate to
inform individuals entitled to have any service credited by reason of internment or deten-
tion, or to have any annuity recomputed under this subsection of their entitlement to such
credit or recomputation.
821-503. The Secretary shall, on request, assist any individual referred to in this Section
821-5 in obtaining from any department, agency or other instrument of the United States,
such Information possessed by such instrumentality as may be necessary to verify the
entitlement of such individual to have any service credited by reason of internment or deten-
tion or to have any annuity recomputed under this Section.
821-504. Any department, agency, or other instrumentality of the United States which
possesses any Information with respect to any such internment or other detention of any
participant shall, at the request of the Secretary, furnish such information to the Secretary.
ANNEX III
Section 851 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1091), shall be
deemed to be amended to provide :
851-1. Additional Creditable Service.
851-101. A participant who is of Japanese ancestry and who, while a citizen of the
United States or an alien lawfully admitted to the United States for permanent residence,
was interned or otherwise detained at any time during World War II in any camp, installa-
tion, or other facility in the United States, or in any territory or possession of the United
States, under any policy or program of the United States respecting Individuals of Japanese
ancestry which was established during World War II in the interests of national security
pursuant to :
(A) Executive Order Numbered 9066 dated February 19, 1942 ;
(B) Section 67 of the Act entitled "An Act to provide a government for the Territory of
Hawaii", approved April 30, 1900 (chapter 339, F`-fty-sixth 'Congress ; 31 Stat. 153)
(C) Executive Order Numbered 9489, dated October 18, 1944 ;
(D) Sections 4067 through 4070 of the Revised Statutes of the United States ; or
(E) Any other statute, rule, regulation, or order, shall be allowed credit (as civilian
service) for any period during which such participant was so interned or otherwise detained
after such employee became 18 years of age.
851-102. For the purpose of this Section 851-1, "World War II" means the period begin-
ning on December 7, 1941, and ending on December 31, 1946.
851-103. The provisions of this Section 851-1 shall apply with respect to annuities which
commence before, on, or after October 1, 1978, but no monetary benefit by reason of such
amendments shall accrue for any period before October 1, 1978.
Section 864 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1104), shall be
deemed to be amended to read :
SEC. 864. (a) An individual entitled to an annuity from the Fund may make allotments
or assignments of amounts from such annuity for such purposes as the Secretary in h's
sole discretion considers appropriate.
(b) (1) Payments under this title which would otherwise be made to a participant or
annuitant based upon his service shall be paid (in whole or in part) by the Secretary to
another person If and to the extent expressly provided for In the terms of any court decree
of divorce, annulment, or legal separation, or the terms of any court order or court-approved
property settlement ageement incident to any court decree of divorce, annulment, or legal
separation. Any payment under this paragraph to a person bars recovery by any other
person.
(2) Paragraph (1) shall only apply to payments made under this title after the date of
receipt by the Secretary of written notice of such decree, order, or agreement, and such
additional information and documentation as the Secertary may prescribe.
(3) As used in this subsection "court" means any court of any State or the District of
Columbia.
(c) None of the moneys mentioned In this title shall be assignable. either in law or
equity, except under the provisions of subsections (a) and (b) of this Section, or Section
634(c), or subject to execution, levy, attachment, garnishment, or other legal process, except
as otherwise may be provided by Federal laws.
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[PART B-CONTRIBUTING TO THE FUND
[SEC. 811. (a) Seven per centum of the basic salary received by
each participant shall be contributed to the Fund for the payment of
annuities, cash benefits, refunds, and allowances. An equal sum shall
also be contributed from the respective appropriation or fund which is
used for payment of his salary. The amounts deducted and withheld
from basic salary together with the amounts so contributed from the
appropriation or fund, shall be deposited by the Department of State
in the Treasury of the United States to the credit of the Fund.
[(b) Each participant shall be deemed to consent and agree to such
deductions from basic salary, and payment less such deductions shall
be a full and complete discharge and acquittance of all claims and
demands whatsoever for all regular services during the period cov-
ered by such payment, except the right to the benefits to which he
shall be entitled under this Act, notwithstanding any law, rule, or
regulation affecting the individual's salary.
[(c) (1) If an officer or employee under another retirement system
for Government employees becomes a participant in the system by
direct transfer, such officer or employee's total contributions and de-
posits that would otherwise be refundable on separation including
interest accrued thereon, except voluntary contributions, shall be trans-
ferred to the Fund effective as of the date such officer or employee
becomes a participant in the System. Each such officer or employee
shall be deemed to consent to the transfer of such funds and such
transfer shall be a complete discharge and acquittance of all claims
and demands against the other Government retirement fund on ac-
count of service rendered prior to becoming a participant in the
system.
[(2) No officer or employee, whose contributions are transferred
to the Fund in accordance with the provisions of subsection (c) (1)
of this section, shall be required to make contributions in addition
to those transferred, for periods of service for which required con-
tributions were made to the other Government retirement fund, nor
shall any refund be made to any such officer or employee on account
of contributions made during any period to the other Government
retirement fund, at a higher rate than that fixed by subsection (d) of
this section.
[(d) Any participant credited with civilian service after July 1,
1924 (1) for which no retirement contributions, deductions, or deposits
have been made, or (2) for which a refund of such contributions,
deductions, or deposits has been made which has not been redeposited,
may make a special contribution to the Fund equal to the following
percentages of basic salary received for such services :
Service:
Percent of
basic salary
From July 1. 1924, to October 15, 1960, inclusive__________________
5
From October 16, 1960, to December 31, 1969, inclusive ------------
61/2
On and after January 1, 1970___________________________________
7
Notwithstanding the foregoing, a special contribution for prior nonde-
posit service as a National Guard technician which would be creditable
under subchapter III, chapter 83, title 5, of the United States Code
toward civil service retirement and for which a special contribution
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has not been made, shall be equal to the special contribution for such
service computed in accordance with the above schedule multiplied
by the percentage of such service that is creditable under section 851.
Special contributions shall include interest computed from the mid-
point of each service period included in the computation, or from the
date refund was paid, to the date of payment of the special contribution
or commencing date of annuity, whichever is earlier. Interest shall be
compounded at the rate of 4 per centum per annum to December 31,
1976, and at 3 per centum per annum thereafter. No interest shall be
charged on special contributions made after the effective date of the
Foreign Service Retirement Amendments of 1976 for any period of
separation from Government service which began before October 1,
1956. Special contributions may be paid in installments when author-
ized by the Secretary.
[(e) No contributions shall be required for any periods of military
or naval service. No contribution shall be required for any period for
which credit is allowed to persons of Japanese ancestry for being in-
terned or otherwise detained during World War II, as described in
Section 1(a) of Public Law 95-382.3
[(f) A participant or survivor may make a special contribution
any time before receipt of annuity and may authorize payment by
offset against initial annuity accruals.
[PART C-COMPUTATION AND PAYMENT OF ANNIIITIES
[SEC. 821.4 (a) The annuity of a participant shall be equal to 2
per centum of his average basic salary for the highest three consecutive
years of service multiplied by the number of years, not exceeding
thirty-five, of service credit obtained in accordance with the provi-
sions of sections 851 and 853. However, the highest three years of
service shall be used in computing the annuity of any participant
who serves as chief of mission and whose continuity of service as such
is interrupted prior to retirement by appointment or assignment to
any other position determined by the Secretary to be of comparable
importance. In determining the aggregate period of service upon
which the annuity is to be based, the fractional part of a month, if
any, shall not be counted. The annuity shall be reduced by 10 per
centum of any special contribution described in section 811(d) due
for service for which no contributions were made and remaining
unpaid unless the participant elects to eliminate the service involved
for purposes of annuity computation.
[(b) (1) Unless elected in writing to the contrary at the time of
retirement, any married participant shall receive a reduced annuity
and provide a maximum survivor annuity for his or her spouse. Such
a participant's annuity of any portion thereof designated in writing
by the participant as the base for the survivor benefit shall be reduced
by 21/p per centum of the first $3,600 plus 10 per centum of any amount
over $3,600. If an annuitant entitled to receive a reduced annuity
under this subsection dies and is survived by a spouse, a survivor annu-
ity shall be paid to the surviving spouse equal to 55 per centum of the
See footnote 2 on page 159 above.
' See footnote 2 on page 159 above.
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full amount of the participant's annuity computed under subsection
(a) of this section, or by 55 per centum of any lesser amount the
annuitant designated at the time of retirement as the base for the
survivor benefit.
[(2) An annuity payable from the Fund to a surviving spouse
shall commence on the day after the annuitant dies and shall termi-
nate on the last day of the month before the survivor's (A) remarriage
prior to attaining age sixty, or (B) death. If a survivor annuity is
terminated because of remarriage under clause (A) above, it shall be
restored at the same rate commencing on the date such remarriage is
terminated provided any lump sum paid upon termination of the
annuity is returned to the Fund.
[ (c) (1) If an annuitant dies and is survived by a wife or husband
and by a child or children, in addition to the annuity payable to the
surviving wife or husband, there shall be paid to or on behalf of each
child an annuity equal to the smallest of: (i) $900; or (ii) $2,700
divided by the number of children.
[(2) If an annuitant dies and is not survived by a wife or husband
but by a child or children, each surviving child shall be paid an
annuity equal to the smallest of: (i) $1,080; or (ii) $3,240 divided by
the number of children.
[(d) If a surviving wife or husband dies or the annuity of a child
is terminated, the annuities of any remaining children shall be re-
computed and paid as though such wife, husband, or child had not
survived the participant. If the annuity,to a surviving child is initiated
or resumed, the annuities of any other children shall be recomputed
and paid from that date as though the annuities to all currently
eliniblechildren in the family were then being initiated.
[(e) The annuity payable to a child under subsection (c) or (d)
of this section shall begin on the day after the participant dies or if
the child is not then qualified, on the first day of the month in which
the child becomes eligible. A child's annuity shall terminate on the
last day of the month which precedes the month in which eligibility
ceases.
[(f) At the time of retirement an unmarried participant may elect
to receive a reduced annuity and to provide for an annuity' qual to
55 per centum of the reduced annuity payable after his or her death
to a beneficiary whose name shall be designated in writing to the Sec-
retary. The annuity payable to a participant making such election
shall be reduced by 10 per centum of an annuity computed as pro-
vided in paragraph (a) of this section and by 5 per centum of an
annuity so computed for each full five years the person designated is
younger than the retiring participant, but such total reduction shall
not exceed 40 per centum. No such election of a reduced annuity
payable to a beneficiary shall be valid until the participant shall have
satisfactorily passed a physical examination as prescribed by the
Secretary. The annuity payable to a beneficiary under the provisions
of this subsection shall begin on the day after the annuitant dies and-
shall terminate on the last day of the month preceding the survivor's
death.
[(g) An annuitant who was unmarried at retirement and who later
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marries may, within one year after such marriage, irrevocably elect
in writing a reduced annuity with benefit to any surviving spouse
who qualifies under section 804 (2). Receipt by the Secretary of notice
of an election under this subsection voids prospectively any election
previously made under subsection (f). The reduction in annuity re-
quired by an election under this subsection shall be computed and the
amount of the survivor annuity shall be determined as if the election
were made under subsection (b) (1). The annuity reduction or recom-
liutation shall be effective the first day of the month after notice of the
election is received by the Secretary.
[('h) A surviving spouse shall not become entitled to a survivor
annuity or to the restoration of a survivor annuity payable from the
Fund unless the survivor elects to receive it instead of any other sur-
vivor annuity to which he or she may be entitled under this or any
other retirement system for Government employees.
. [(i) Any married annuitant who reverts to retired status with
entitlement to a supplemental annuity under section 871 shall, unless
the annuitant elects in writing to the contrary at that time, have the
supplemental annuity reduced by 10 per centum to provide a supple-
mental survivor annuity for his or her spouse. Such supplemental
survivor annuity shall be equal to 55 per centum of the annuitant's
supplemental annuity and shall be payable to a surviving spouse to
whom the annuitant was married at the time of reversion to retired
status or to whom the annuitant had been married for at least two
years at the time of death or who is the parent of a child born of
the marriage.
[PAYMENT OF ANNUITY
[SEC. 822. (a) Except as otherwise provided, the annuity of a
former participant who has met the eligibility requirements for an-
nuity shall commence on the day after separation from the Service
or on the day after pay ceases. The annuity of a former participant
who is entitled to a deferred annuity under section 834 or under any
other section of this Act shall begin on the day he or she reaches
age sixty.
[(b) The annuity to a survivor shall become effective as otherwise
specified but shall not be paid until the survivor submits an applica-
tion therefor supported by such proof of eligibility as the Secretary
may require. If such application or proof of eligibility is not sub-
mitted during an otherwise eligible person's lifetime, no annuity shall
be due or payable to his or her estate.
[(c) An individual entitled to annuity from the Fund may decline
to accept all or any part of the annuity by submitting a signed waiver
to the Secretary. The waiver may be revoked in writing at any time.
Payment of the annuity waived may not be made for the period during
which the waiver was in effect.
'[(d) Recovery of overpayments under this title may not be made
from an individual when, in the judgment of the Secretary, the indi-
vidual is without fault, and recovery would be against equity and good
conscience or administratively infeasible.
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[PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
[RETIREMENT FOR DISABILITY OR INCAPACITY-PHYSICAL EXAMINATION-
RECOVERY
[SEC. 831. (a) Any participant who has five years of service credit
toward retirement under the System, excluding military or naval serv-
ice, and who becomes totally disabled or incapacitated for useful and
efficient service by reason of disease, illness, or injury not due to
vicious habits, intemperance, or wilful misconduct on his part, shall,
upon his own application or upon order of the Secretary, be retired
on an annuity computed as prescribed in section 821. If the disabled
or incapacitated participant has less than twenty years of service
credit toward his retirement under the System at the time he is re-
tired, his annuity shall be computed on the assumption that he has
had twenty years of service, but the additional service credit that may
accrue to a participant under this provision shall in no case exceed
the difference between his age at the time of retirement and the man-
datory retirement age applicable to his class in the Service.
[(b) In each case, the participant shall be given a physical exami-
nation by one or more duly qualified. physicians or surgeons designated
by the Secretary to conduct examinations, and disability shall be
determined by the Secretary on the basis of the advice of such physi-
cians or surgeons. Unless the disability is permanent, like examina-
tions shall be made annually until the annuitant has reached the statu-
tory mandatory retirement age for his class in the Service. If the
Secretary determines, on the basis of the advice of one or more duly
qualified physicians or surgeons conducting such examinations that
an annuitant has recovered to the extent that he can return to duty,
the annuitant may apply for reinstatement or reappointment in the
Service within one year from the date his recovery is determined.
Upon application the Secretary shall reinstate any such recovered dis-
ability annuitant in the class in which he was serving at time of retire-
ment, or the Secretary may. taking into consideration the age, quali-
fications, and experience of such annuitant, and the present class of
his contemporaries in the Service, appoint him or in the case of an
annuitant who is a former Foreign Service officer, recommend that
the President appoint him, by and with the advice and consent of the
Senate, to a class higher than the one in which he was serving prior
to retirement. Payment of the annuity shall continue until a date six
.months after the date of the examination showing recovery. or until
the date of reinstatement or reappointment.in the Service;: whichever
is earlier. Fees for examinations under this provision, together with
reasonable traveling and other expenses incurred in order to submit
to examination, shall be paid out of the Fund. If the annuitant fails
to submit to examination as required under this section, payment of
the annuity shall be suspended until continuance of the disability is
satisfactorily established.
f(c) If a recovered disability annuitant whose annuity is discon-
tinued is for any reason not reinstated. or reappointed in the Service,
he shall be considered to have,been separated within the meaning of
section 834 as of the date he was retired for disability and he shall,
after the discontinuance of=the disability. annuity, be entitled' to the
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benefit of that section or of section 841 except that he may elect
voluntary retirement in accordance with the provisions of section 636
if he can qualify under its provisions.
[(d) No participant shall be entitled to receive an annuity under
this Act and compensation for injury or disability to himself or her-
self under subchapter I of chapter 81, title 5, United States Code,
covering the same period of time except that a participant may simul-
taneously receive both an annuity under this section and scheduled
disability payments under section 8107 of title 5, United States Code.
This provision shall not bar the right of any claimant to the greater
benefit conferred by either this Act or such subchapter for any part
of the same period of time. Neither this provision nor any provision
of such subchapter shall be so construed as to deny the right of any
participant to receive an annuity under this Act and to receive con-
currently any payment under such subchapter by reason of the death
of any other person.
[(e) Notwithstanding any provision of law to the contrary, the
right of any person entitled to an annuity under this Act shall not be
affected because such person has received an award of compensation
in a lump sum under section 8135 of title 5, United States Code
except that where such annuity is payable on account of the
same disability for which compensation under such section has been
paid, so much of such compensation as has been paid for any period
extended beyond the date such annuity becomes effective, as determined
by the Secretary of Labor, shall be refunded to the Department of
Labor, to be paid into the Federal Employees' Compensation Fund.
Before such person shall receive such annuity he shall (1) refund to
the Department of Labor the amount representing such computed pay-
ments for such extended period, or (2) authorize the deduction of such
amount from the annuity payable to him under this Act, which amount
shall be transmitted to such Department' for reimbursement to such
Fund. Deductions from such annuity may be made from accrued and
accruing payments, or may be prorated against and paid from accruing
payments in such manner as the Secretary of Labor shall determine,
whenever he finds that the financial circumstances of the annuitant are
such as to warrant such deferred refunding.
[DEATH IN SERVICE
[SEC. 832. (a) If a participant dies and no claim for annuity is
payable under the provisions of this Act, the liunp-sum credit shall be
paid in accordance with section 841.
[(b) If a participant who has at least eighteen months of civilian
service credit toward retirement under the system dies before separa-
tion or retirement from the Service and is survived by a spouse, such
surviving spouse shall be entitled to an annuity equal to 55 per centum
of the annuity computed in accordance with the provisions of subsec-
tion (e) of this section and of section 821 (a) and if the participant
had less than three years creditable civilian service at the time of
death, the survivor annuity shall be computed on the basis of the
average salary for the entire period of such service.
[(c) If a participant who has at least eighteen months of civilian
service credit toward retirement under the system dies before separa-
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tion or retirement from the Service and is survived by a wife or a
husband and a child or children, each surviving child shall be entitled
to an annuity computed in accordance with subsections (c) (1) and
(d) of section 821.
[(d) If a participant who has at least eighteen months of civilian
service credit toward retirement under the system dies before separa-
tion or retirement from the Service and is not survived by a wife or
husband, but by a child or children, each surviving child shall be
entitled to an annuity computed in accordance with subsections (c)
(2) and (d) of section 821.
[(e) If, at the time of his or her death, the participant had less than
twenty years of service credit toward retirement under the System.
the annuities payable in accordance with paragraph (b) of this sec-
tion shall be computed in accordance with the provisions of section
821 on the assumption he or she has had twenty years of service, but
the additional service credit that may accrue to a decreased participant
under this provision shall in no case exceed the difference between his
or her age on the date of death and the mandatory retirement age
applicable to his or her class in the Service. In all cases arising under
paragraphs (b), (c), (d), or (e) of this section, it shall be assumed
that the deceased participant was qualified for retirement on the date
of his death.
[(f) If an annuitant who elected a reduced annuity dies in service
after being recalled under section 520(b) and is survived by a spouse
entitled to a survivor annuity'based on such an election, such survivor
annuity shall be computed as if the recall service had otherwise termi-
nated on the day of death and the deceased's annuity had been resumed
in accordance with section 871. If such a death occurs after the annui-
tant had completed sufficient recall service to attain eligibility for a
supplemental annuity, a surviving spouse, in addition to any other
benefits, shall be entitled to elect, in lieu of a refund of retirement
contributions made during the recall service, a supplemental survivor
annuity computed and paid under section 821(i) as if the recall service
had otherwise terminated. If the annuitant had completed sufficient
recall service to attain eligibility to have his or her annuity deter-
mined anew, a surviving spouse may elect, in lieu of any other benefit
under this title, to have the annuitant's rights redetermined and to
receive a survivor annuity computed under subsection (b) of this
section on the basis of the annuitant's total service.
[(g) Annuities that become payable under this section shall com-
mence, terminate, and be resumed in accordance with subsection (b)
(2), (e), or (h) of section 821, as appropriate.
[DISCONTINUED SERVICE RETIREMENT
[SEC. 834. Any participant who voluntarily separates from the
Service after obtaining at least five years of service credit toward re-
tirement, under the System, excluding military or naval service may,
upon separation from the Service or at any time prior to becoming
eligible for an annuity, elect to have his contributions to the Fund
returned to him in accordance with the provisions of section 841, or to
leave his contributions in the Fund and receive an annuity, computed
as prescribed in section 821, commencing at the age of sixty years.
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[PART E-LUMP-SUM PAYMENTS
[SEc. 841. (a) "Lump-sum credit" as used in this title means the
compulsory and special contributions to a participant's or former
participant's credit in the Fund plus interest thereon compounded at
4 per centum per. annum to the date of separation or December 31,
1976, whichever is earlier, and after such date for a participant who
separates from the Service after completing at least one year of civilian
service and before completing five years of such service, at the rate
of 3 per centum per annum to the date of separation. Interest shall
not be paid for a fractional part of a month in the total service or on
compulsory and special contributions from an annuitant for recall
service or other service performed after the date of separation which
forms the basis for annuity.
[(b) Whenever a participant becomes' separated from the Service
without becoming eligible for an annuity or a deferred annuity in ac-
cordance with the provisions of this Act, the lump-sum credit shall
be paid to the participant.
[(c) Whenever an annuitant becomes separated from the Service
following a period of recall service without becoming eligible for a
supplemental or recomputed annuity under section 871, the annuitant's
compulsory contributions to the Fund for such service together with
any special contributions the annuitant may have made for other serv-
ice performed after the date of separation from the Service which
forms the basis for annuity, shall be returned.
[(d) If all annuity rights under this title based on the service of
a deceased participant or annuitant terminate before the total annuity
paid equals the lump-sum credit, the difference shall be paid in the
order of precedence shown in subsection (g) of this section.
[(e) If a participant or former participant dies and is not survived
by a person eligible for an annuity under this title or by such a person
or persons all of whose annuity rights terminate before a claim for
survivor annuity is filed, the lump-sum credit shall be paid in accord-
ance with subsection (g) of this section.
[(f) If an annuitant who was a former participant dies, annuity
accrued and unpaid, shall be paid in accordance with subsection (g)
of this section.
[(g) Payments authorized in subsections (d) through (f) of this
section shall be paid in the following order of precedence to such per-
son or persons surviving the participant and alive on the date entitle-
ment to the payment arises, upon the establishment of a valid claim
therefor, and such payment shall be a bar to recovery by any other
person :
[(1) to the beneficiary or beneficiaries last designated by the
participant before or after retirement in a signed and witnessed
writing received by the Secretary prior to the participant's death,
for which purpose a designation, change, or cancellation of bene-
ficiary in a will or other document not so executed and filed shall
have no force or effect;
[(2) if there be no such beneficiary, to the surviving wife or
husband of such participant;
[(3) if none of the above, to the child or children of such par-
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ticipant (including adopted and natural children but not step-
children) and descendants of deceased children by representation;
[(4) if none of the above, to the parents of such participant or
the survivor of them;
[(5) if none of the above, to the duly appointed executor or
administrator of the estate of such participant; and
[(6) if none of the above, to other next of kin of such partici-
pant as may be determined in the judgment of the Secretary to
be legally entitled thereto, except that no payment shall be made
pursuant to this paragraph (6) until after the expiration of thirty
days from the death of the participant or annuitant.
[(h) Annuity accrued and unpaid on the death of a survivor annui-
tant shall be paid in the following order of precedence, and the pay-
ment bars recovery by any other person : First, to the duly appointed
executor or administrator of the estate of the survivor annuitant;
second, if there is no such executor or administrator, payment may be
made, after the expiration of thirty days from the date of death of
such survivor annuitant, to such person as may be determined by the
Secretary to be entitled under the laws of the survivor annuitant's
domicile at the time of death.
[(i) Amounts deducted and withheld from basic salary of a partici-
pant under section 811 from the beginning of the first pay period after
the participant has completed thirty-five years of service computed
under sections 851 and 853, but excluding service credit for unused
sick leave under subsection (b) of section 851, together with interest
on the amounts at the rate of 3 per centum a year compounded an-
nually from the date of the deduction to the date of retirement or
death, shall be applied toward any special contribution due under sub-
section (d) of section 811, and any balance not so required shall be
refunded in a lump sum to the participant after separation, or in the
event of a death in service, to abneficiary in the order of precedence
specified in subsection (g) of this section.
[PART F-PERIOD FOR SERVICE FOR ANNUITIES
[CREDITABLE SERVICE
[SEC. 851.5 (a) Except as otherwise specified by law, all periods of
civilian and military and naval service and periods of absence and sep-
aration therefrom completed by a participant through the date of final
separation from the Service that would be creditable, as determined
by the Secretary, under section 8332 of title 5, United States Code,
toward retirement under the Civil Service Retirement and Disability
System, if performed by an employee under that system, shall be credit-
able for purposes of this title. Conversely, any such service performed
after December 31, 1976, that is not creditable under specified condi-
tions under section 83,32 of title 5, United States Code, shall be excluded
under this title under the same conditions.
[(b) In computing; any annuity under this title, the total service of a
participant who retires on an immediate annuity or who dies leaving
a survivor or survivors entitled to annuity includes, without regard
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to the thirty-five-year limitation imposed by section 821 (a), the days
of unused sick leave to his credit except that these days will not be
counted in determining average basic salary or annuity eligibility
under this title. A contribution to the Fund shall not be required from
a participant for this service credit.
[(c) (1) A participant who enters on approval leave without pay
to serve as a full-time officer or employee of an organization composed
primarily of Government employees may, within sixty days after
entering on that leave without pay, file with the employing agency
an election to receive full retirement credit for such periods of leave
without pay and arrange to pay concurrently into the Fund through
the employing agency, amounts equal to the retirement deductions and
agency contributions on the Foreign Service salary rate that would
be applicable if the participant were in a pay status. If the election
and all payments provided by this subsection are not made for the
periods of such leave without pay occurring after the effective date
of this subsection, the participant may not receive any credit for such
periods of leave without pay occurring after such date.
[(2) A participant may make a special contribution for any period
or periods of approved leave without pay while serving, before the
effective date of this subsection, as a full-time officer or employee of
an organization composed primarily of Government employees. Any
such contribution shall be based upon the suspended Foreign Service
salary rate, and shall be computed in accordance with section 811. A
participant who makes such a contribution shall be allowed full retire-
ment credit for the period or periods of leave without pay. If this
contribution is not made, up to six months' retirement credits shall be
allowed for such periods of leave without pay each calendar year.
[(d) A participant who has received a refund of retirement con-
tributions (which has not been repaid) under this or any other retire-
ment system for Government employees covering service which may
be creditable may make a special contribution for such service pur-
suant to section 811. Credit may not be allowed for service covered
by the refund unless the special contribution is made.
[(e) No credit in annuity computation shall be allowed for any
period of civilian service for which a participant made retirement
contributions to another retirement system for Government employees
unless (1) the right to any annuity under the other system which is
based on such service is waived, and (2) a special contribution is made
covering such service pursuant to section 811.
[(f) A participant who during the period of a war, or of a national
emergency as proclaimed by the President or declared by the Con-
gress, leaves the Service to enter the military service is deemed, for
the purpose of this title, as not separated from the Service unless the
participant applies for and receives a lump-sum payment under sec-
tion 841. However, the participant is deemed to be separated from
the Service after the expiration of five years of such military service.
[EXTRA CREDIT FOR SERVICE AT UNHEALTHFUL POSTS
[SEC. 853. The President may from time to time establish a list of
places which by reason of climatic or other extreme conditions are to
be classed as unhealthful posts, and each year of duty subsequent to
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January 1, 1900, at such posts inclusive of regular leaves of absence,
of participants thereafter retired, shall be counted as one year and a
half, and so on in like proportion in reckoning the length of service for
the purpose of retirement, fractional months being considered as full
months in computing such service, but no such extra credit for service
at such unhealthful posts shall be credited to any participant who
shall have been paid a salary differential in accordance with section
443, as amended, for such service performed subsequent to the date of
enactment of the Foreign Service Act Amendments of 1955.
? [RECOMPUTATION OF ANNUITIES OF CERTAIN FORMER PARTICIPANTS
{SEC. 855. The annuity of each former participant under the Sys-
tem, who retired prior to July 28, 1956, and who at the time of his
retirement had creditable service in excess of thirty years, shall be
recomputed on the basis of actual years of creditable service not in
excess of thirty-five years. Service which was not creditable under the
System on the date a former participant retired, shall not be included
as creditable service for the purpose of this recomputation. The annui-
ties payable to such persons shall, when recomputed, be paid at the
rates so determined, but no such recomputation or any other action
taken pursuant to this section shall operate to reduce the rate of the
annuity any such person is entitled to receive under the System.
[PART Gr-MONEYS
[ESTIMATE OF APPROPRIATIONS NEEDED
[SEC. 861. The Secretary of the Treasury shall prepare the estimates
of the annual appropriations required to be made to the Fund, and
shall make actuarial valuations of such funds at intervals of five
years, or oftener if deemed necessary by him. The Secretary of State
may expend from money to the credit of the Fund an amount not
exceeding $5,000 per annum for the incidental expenses necessary in
administering the provisions of this title, including actuarial advice.
[INVESTMENT OF FUND
[SEC. 863. The Secretary of the Treasury sha11 invest from time to
time in interest-bearing securities of the United States such portions
of the Fund as in his judgment may not be immediately required
for the payment of annuities, cash benefits, refunds, and allowances,
and the income derived from such investments shall constitute a, part
of such Fund.
[ATTACHMENT OF MONEYS
[SEC. 864.6 None of the moneys mentioned in this title shall be as-
signable either in law or equity, or be subject to execution, levy, at-
tachment, garnishment, or other legal process, except as provided in
section 634(c).
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[PAYMENTS FOR FUTURE BENEFITS
[SEC. 865. (a) Any statute which authorizes-
[ (1) new or liberalized benefits payable from the Fund, includ-
ing annuity increases other than under section 882;
[(2) extension of the benefits of the System to new groups of
employees; or
[ (3) increases in salary on which benefits are computed ;
is deemed to authorize appropriations to the Fund to finance the
unfunded liability created by that statute, in thirty equal annual in-
stallments with interest computed at the rate used in the then most
recent valuation of the System and with the first payment thereof
due as of the end of the fiscal year in which each new or liberalized
benefit, extension of benefits, or increase in salary is effective.
[(b) There is authorized to be appropriated to the Fund for each
fiscal year an amount equal to the amount of the Foreign Service
normal cost for that year which is not met by contributions to the
Fund under section 811(a).
[UNFUNDED LIABILITY OBLIGATIONS
[SEC. 866. At the end of each fiscal year, the Secretary shall notify
the Secretary of the Treasury of the amount equivalent to (1) interest
on the unfunded liability computed for that year at the interest rate
used in the then most recent valuation of the System, and (2) that
portion of disbursement for annuities for that year which the Secre-
tary estimates is attributable to credit allowed for military service.
Before closing the accounts for each fiscal year, the Secretary of the
Treasury shall credit to the Fund, as a Government contribution, out
of any money in the Treasury of the United States not otherwise ap-
propriated, the following percentages of such amounts : 10 per centum
for 1971; 20 per centum for 1972; 30 per centum for 1973; 40 per cen-
tum for 1974; 50 per centum for 1975; 60 per centum for 1976; 70 per
centum for 197.7; 80 per centum for 1978; 90 per centum for 1979; and
100 per centum for 1980 and for each fiscal year thereafter. The Secre-
tary shall report to the President and to the Congress the sums credited
to the Fund under this section.
[(b) The provisions of section 866 of the Foreign Service Act of
1946, as contained in the amendment made by subsection (a) of this
section, shall become effective at the beginning of the fiscal year which
ends on June 30,1971.
[PART H-ANNUITANTS RECALLED, REINSTATED OR REAPPOINTED IN
THE SERVICE OR REEMPLOYED IN THE GOVERNMENT
[ANNUITY ADJUSTMENT FOR RECALL SERVICE
.[SEC. 871. Any annuitant recalled to duty in the Service in accord-
ance with the provisions of section 520(b) shall, while so serving, be
entitled in lieu of annuity to the full salary of the class in which serv-
ing. During such service, the recalled annuitant shall make contri-
butions to the Fund in accordance with the provisions of section 811.
On the day following termination of the recall service, the former
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annuity shall be resumed adjusted by any cost-of-living increases
under section 882 that became effective during the recall period. If the
recall service lasts less than one year, the annuitant's contributions to
the Fund during recall service shall be refunded in accordance with
section 841. If the recall service lasts more than one year, the annuitant
may, in lieu of such refund, elect a supplemental annuity computed
under section 821 on the basis of service credit and average salary
earned during the recall period irrespective of the number of years of
service credit previously earned. If the recall service continues for at
least five years, the annuitant may elect to have his or her annuity
determined anew under section 821 in lieu of any other benefits under
this section. Any annuitant who is recalled under section 520(b) may,
upon written application, count as recall service any prior service that
is creditable under section 851 that was performed after the separation
upon which his or her annuity is based.
[REEMPLOYMENT
-[SEC. 872. (a) Notwithstanding any other provision of law, any
officer or employee of- the Service, who-has retired under this Act, as
-amended, and is receiving an annuity pursuant thereto, and who is
reemployed in Vick ederal Government service in any appointive posi-
tion either on a part-time or full-time basis, shall be entitled to receive
the salary of the position in which he is serving plus so much of his
annuity payable under this Act, as amended, which when combined
with such salary does not exceed during any calendar year the basic
salary such officer or employee was entitled to receive under section
412 or 415 of-the Act, as, amended, on the date of his retirement from
the Service. Any such reemployed =officer or employee who receives
salary :during any calendar year in excess of the maximum amount
which he may be ,entitled to receive under this paragraph shall be
entitled to such salary in lieu of benefits hereunder.
[(b) When any such retired officer or employee of the Service is
reemployed, the employer shall send a notice to the Department of
State of -such reemployment together with all pertinent information
relating thereto, and shall pay directly to such officer or employee the
salary of the position in which he is serving.
[(c) In the event of any overpayment under this section, such
overpayment shall be recovered by withholding the amount involved
from the salary payable to such reemployed officer or employee, or
from any other moneys, including his annuity, payable in accordance
with the provisions of this title.
[PART I-VOLUNTARY CONTRIBUTIONS
[SEC. 881. (a) The Voluntary contribution account shall be the sum
:of. unrefunded ? amounts heretofore voluntarily contributed by any
_ . participant ortformer participant under this section or under a prior
corresponding provision of.law, plus interest compounded at the rate
?of.3 per centum_per annum to date of separation from the Service or
in,case of a participant or former participant separated with entitle-
ment= 'to,. a deferred annuity to the date the voluntary contribution
account is claimed, or to the commencing date fixed for the deferred
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annuity or to the date of death, whichever is earlier. A participant's
or former participant's account shall, effective on the date the par-
ticipant becomes eligible for an annuity or a deferred annuity and
at the participant's election, be-
[ (1) returned to him in a lump sum ; or
[(2) used to purchase an additional life annuity; or
[(3) used to purchase an additional life annuity for himself
and to provide for a cash payment on his death to a beneficiary
whose name shall be notified in writing to the Secretary by the
participant; or
[(4) used to purchase an additional life annuity for himself
and a life annuity -commencing on his death payable to a bene-
ficiary whose name shall be notified in writing to the Secretary
by the participant with a guaranteed return to the beneficiary or
his legal representative of an amount equal to the cash payment
referred to in paragraph 3.
[(b) The benefits provided by subparagraphs 2, 3, or 4 of para-
_graph-(a) of this section shall be actuarially equivalent in value to
the payment provided for by paragraph (a) (1) of this section and
shall be calculated upon such tables of mortality as may be from time
to time prescribed for this purpose by the Secretary of the Treasury.
[(c) The first annuity increase under this section after the effective
following receipt of an application therefor from a present or former
participant provided application is filed prior to payment of any addi-
tional annuity. If not sooner paid, the account shall be paid at such
time as the participant separates from the Service for any reason
\ without entitlement to an annuity, or a deferred annuity or at such
,time as a former participant dies or withdraws compulsory contribu-
ions to the Fund. In the case of death, the account shall be paid in the
rder of precedence specified in section 841(g) .
[PART J-COST-OF-LIVING ADJUSTMENTS OF ANNUITIES
{SEC. 882. (a) A cost-of-living annuity increase shall become effec-
tive under this section on the effective date of each such increase under
section 8340(b) of title 5, United States Code. Each such increase shall
be applied to each annuity payable from the Fund which has a com-
mencing date not later than the effective date of the increase.
[(b) The first annuity increase under this section after the effective
date of this paragraph shall equal the per centum rise in the price
index, adjusted to the nearest one-tenth of 1 per centum, between the
month last used to establish an increase under this section and the base
month used to establish the concurrent increase under section 8340(b)
of title 5, United States Code. Each subsequent annuity increase under
this section shall be identical to the corresponding percentage increase
under section 8340 (b) of title 5, United States Code.
[(c) Eligibility for an annuity increase under this section shall be
governed by the commencing date of each annuity-payable from the
Fund as of the effective date of an increase except as follows:
[(1) An annuity, except a deferred annuity under section 834
or any other section of this Act, payable from the Fund to a
participant who retires and receives an immediate annuity, or to
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a surviving spouse of a deceased participant who dies in service
or who dies after being separated under the provisions of section
634(b) (2), which has a commencing date after the effective date
of the then last preceding general annuity increase under this
section shall not be less than the annuity which would have been
payable if the commencing date of such annuity had been the
effective date of such last preceding increase. In the administra-
tion of this paragraph, the number of days of unused sick leave
to an employee's or deceased employee's credit on the effective
date of the then last preceding general annuity increase under
this section shall be deemed to be equal to the number of days
of unused sick leave to his or her credit on the day of separation
from the Service.
[(2) Effective from its commencing date, an annuity payable
from the Fund to an annuitant's survivor, except a child entitled
under section 821(c) or 832 (c) or (d), shall be increased by the
total per centum increase the annuitant was receiving under this
section at death.
[ (3) For purposes of computing or recomputing an annuity to
a child under section 821 (c) or (d) or 832 (c) or (d), the items
$900, $1,080, $2,700 and $3,240 appearing in section 821(c) shall
be increased by the total per centum increases by which corre-
sponding amounts are being increased under section 8340 of title
5. United States Code, on the date the child's annuity becomes
effective.
[(d) No increase in annuity provided by this section shall be com-
puted on any additional annuity purchased at retirement by volun-
tary contributions.
[(e) The monthly installment of annuity after adjustment under
this section shall be fixed at the nearest dollar, except such installment
shall after adjustment reflect an increase of at least $1.
E (f) Effective on the first day of the second month which begins
after the effective date of the Foreign Service Retirement Amend-
ments of 1976 or on the commencing date of an annuity, whichever is
later, the annuity of each surviving spouse whose entitlement to
annuity resulted from the death-
[ (1) before the effective date of the Foreign Service Retirement
Amendments of 1976, of (A) a participant, or (B) a former par-
ticipant entitled to benefits under section 634(b) ; or
[(2) of an annuitant who, prior to the effective date of the
Foreign Service Retirement Amendments of 1976, elected a re-
duced annuity under this or any other Act in order to provide
a spouse's survivor annuity;
shall be increased by 10 per centum.
[TITLE IX-ALLOWANCES AND BENEFITS
[PART A-ALLOWANCES AND SPECIAL ALLOTMENTS
[REPRESENTATION ALLOWANCES
[SEC. 901. In accordance with such regulations as the President
may prescribe and notwithstanding the provisions of section 1765 of
the Revised Statutes (5 U.S.C. 70), the Secretary is authorized to
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grant to any officer or employee of the Service who is a citizen of the
United States allowances in order to provide for the proper repre-
sentation of the United States by officers or employees of the Service.
[PART B-TRAVEL AND RELATED EXPENSES
[GENERAL PROVISIONS
[SEC. 911. The Secretary may, under such regulations as he shall
prescribe, pay-
[ (1) the travel expenses of officers and employees of the Serv-
ice, including expenses incurred while traveling pursuant to or-
ders issued by the Secretary in accordance with the provisions of
section 933 with regard to the granting of home leave;
[(2) the travel expenses of the members of the family of an
officer or employee of the Service when proceeding to or returning
from his post of duty; accompanying him on authorized home
leave; accompanying him for representational purposes on au-
-thorized travel within the country of his assignment or, at the dis-
cretion of the Secretary, outside the country of his assignment, but
in no case to exceed one member of his family; or otherwise
traveling in accordance with authority granted pursuant to the
terms of this or any other Act ;
-[(3) the cost of transporting the furniture and household and
personal effects of an officer or employee of the Service to his suc-
cessive posts of duty and, on the termination of his services, to
the place where he will reside;
._ [[(4) the cost of packing and unpacking, transportation to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Service, when
he is absent from his post of assignment under orders, or when he
is assigned to a post to which he cannot take or at which he is un-
able to use such furniture and household and personal effects, or
when it is in the public interest or more economical to authorize
storage; but in no instance shall the weight or volume of the ef-
fects stored together with the weight or volume of the effects
transported exceed the maximum limitations fixed by regulations,
when not otherwise fixed by law;
[(5) the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and house-
hold and personal effects of an officer or employee of the Service
in connection with assignment or transfer to a new post, from the
date of his departure from this last post or from the date of his
departure' from-his place-of residence in the case of a new officer
or -employee= and fouanot to-.-exceed three months after arrival at
the mew :post; or until the establishment.. of Tesidence~quarters,
-.whiehever shall be shorter; and -in connection with .separation of
an officer or employee of the Service,. the cost of packing and un-
-packing, transporting to and from a place of storage, and storing
fora-period. not to exceed three months, his furniture and house-
hold, and personal effects; not-in no instance shall the weight or
r~volume of the. effects stored together with the weight or volume of
the effects transported exceed the maximum limitations fixed by
regulations, when not otherwise fixed by law ;
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[(6) the travel expenses of the members of the family and the
cost of transporting the personal effects and automobile of an
officer or employee of the Service, whenever the travel of such
officer or employee is occasioned by changes in the seat of the gov-
ernment whose capital is his post;
[(7) the travel expenses and transportation costs incident to the
removal of the members of the family of an officer or employee
of the Service and his furniture and household and personal
effects, including automobiles, from a post at which, because of
prevalence of disturbed conditions, there is imminent danger to
the life and property, and the return of such persons, furniture,
and effects to such post upon the cessation of such conditions; or
to such other post as may in the meantime have become the post
to which such officer or employee has been assigned;
[(8) the cost of preparing and transporting to their former
homes in the continental United States or to a place not more
distant, the remains of an officer or employee of the Service who
is a citizen of the United States and of the members of his family
who may die abroad or while in travel status;
[(9) the travel expenses of officers and employees of the Serv-
ice who are citizens of the United States, and members of their
families, while serving at posts specifically designated by the Sec-
retary for purposes of this paragraph, for rest and recuperation
to other locations abroad having different environmental condi-
tions than those at the post at which such officers and employees
are serving or to the United States, provided that such travel
expenses shall be limited to the cost for each officer or employee
and members of his family of one round trip during any con-
tinuous two-year tour unbroken by home leave and two round trips
during any continuous three-year tour unbroken by home leave;
EQ0) the travel expenses of members of the family accom-
panying, preceding, or following an officer or employee if, while
he is en route to or from a post of assignment, he is ordered
temporarily for orientation and training or is given other tem-
porary duty ;
((11) the travel expenses of officers and employees of the Serv-
ice for up to two round trips each year for purposes of family
visitation in situations where the family of the officer or employee
is prevented by official order from accompanying such officer or
employee to, or has been ordered evacuated from, his assigned
post because of danger from hostile activity, except that, with
respect to any such officer or employee whose dependents are
located abroad, the Secretary may authorize such additional trips
as he deems appropriate not to exceed the equivalent cost of two
round trips of less than first. class to the District of Columbia, and
the travel expenses of officers or employees stationed abroad (or
their dependents located abroad), for purposes of family visita-
tion in emergency situations involving personal hardship : Pro-
vided, That the facilities of the Military Airlift Command shall
be utilized whenever possible for travel authorized under this
section ; and
[(12) without regard to rates provided under the authority
of section 5702 of title 5, United States Code, the travel expenses
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of employees of the Department on protective security missions
within the United States territories and possessions, the Com-
monwealth of Puerto Rico, and the Canal Zone, at not to exceed
the cost of lodging plus $24 per day.
[LOAN OF HOUSEHOLD FURNISHINGS AND EQUIPMENT
,[SEC. 912. The Secretary may, if he shall find it in the interest of
the Government to do so as a means of eliminating transportation
costs, provide officers and employees of the Service with basic house-
hold furnishings and equipment for use on a loan basis in personally
owned or leased residences.
[TRANSPORTATION OF MOTOR VEHICLES
[SEC. 913. The Secretary may, notwithstanding the provisions of
any other law, transport for or on behalf of an officer or employee
of the Service, a privately owned motor vehicle in any case in which
he shall determine that water, rail, or air transportation of the motor
vehicle is necessary or expedient for all or any part of the distance
between points of origin and destination. Not more than one motor
vehicle of any such officer or employee may be transported under au-
thority of this section during any four-year period, except that, as a
replacement for such motor vehicle, one additional motor vehicle of
any such officer or employee may be so transported during such period
upon approval, in advance, by the Secretary and upon a determination,
in advance, by the Secretary that such replacement is necessary for rea-
sons beyond the control of the officer or employee and is in the interest
of the Government. After the expiration of a period of four years fol-
lowing the date of transportation under authority of this section of a
privately owned motor vehicle of any officer or employee who has re-
mained in continuous service.outside the continental United States
(excluding Alaska and Hawaii) during such period, the transporta-
tion of a replacement for such motor vehicle for such officer or em-
ployee may be authorized by the Secretary in accordance with this
section.
[USE OF GOVERNMENT OWNED OR LEASED VEHICLES
[SEC. 914. Notwithstanding the provisions of section 5 of the Act
of July 16, 1914, as amended (5 U.S.C. 78), the Secretary may author-
ize any principal officer to approve the use of Government owned or
leased vehicles located at his post for transportation of United States
Government employees and their dependents when public transpor-
tation is unsafe or not available.
[PART C-POST EMPLOYEE SERVICES
[SEC. 921. (a) The Secretary may, under such regulations as he
may prescribe, establish and maintain emergency commissary or mess
services, in such places abroad where, in his judgment, such services
are necessary temporarily to insure the effective and efficient perform-
ance of the duties and responsibilities of the Service, such services to
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be available to the officers and employees of all Government agencies
located in any such places abroad. Reimbursements incident to the
maintenance and operation of commissary or mess service shall be at
not less than cost as determined by the Secretary and shall be used as
working funds : Provided, That an amount equal to the amount ex-
pended for such services shall be covered into the Treasury as miscel-
laneous receipts.
[(b) The Secretary, under such regulations as he may prescribe,
may authorize and assist in the establishment, maintenance, and opera-
tion by officers and employees of the Service of non-Government-oper-
ated services and facilities at posts abroad, including the furnishing of
space, utilities, and properties owned or leased by the United States
for use by its diplomatic and consular missions. The provisions of the
Foreign Service Buildings Act, 1926 (22 U.S.C. 292-300), and section
13 of the Act entitled "An Act to provide certain basic authority for
the Department of State", approved August 1, 1956 (22 U.S.C. 2684),
may be utilized by the Secretary in providing such assistance. Services
and facilities established under this subsection shall be made avail-
able, insofar as practicable, to officers and employees of other Govern-
ment agencies and their dependents who are stationed abroad. Such
services and facilities shall not be established in localities where
another United States agency operates similar services or facilities
unless the Secretary determines that such additional services or facil-
ities are necessary.
[(c) Charges at any post abroad for a service or facility authorized
or assisted under this section shall be at the same rate for all civilian
personnel of the Government serviced thereby, and all charges for
supplies furnished to such a service or facility abroad by any Gov-
ernment agency shall be at the same rate as that charged by the fur-
nishing agency to its comparable civilian services and facilities.
[PART D-LEAVES OF ABSENCE
[ORDERING RETURN OF PERSONNEL TO UNITED STATES ON LEAVES
OF ABSENCE
[SEC. 933. (a) The Secretary may order to the continental United
States, its territories and possessions, on statutory leave of absence any
officer or employee of the Service who is a citizen of the United States
upon completion of eighteen months' continuous service abroad and
shall so order as soon as possible after completion of three years of
such service.
[(b) While in the continental United States, its territories and pos-
sessions, on leave, the service of any officer or employee shall be avail-
able for such work or duties in the Department or elsewhere as the
Secretary may prescribe, but the time of such work or duties will
not be counted as leave.
[RESERVE OFFICERS ASSIGNED TO THE SERVICE
[SEC. 934. (a) A Reserve officer, assigned to the Service from any
Government agency shall, notwithstanding the provisions of any other
law, be granted annual leave of absence and sick leave of absence in
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accordance with the provisions of part D of this title during the period
of his assignment.
[(b) Under such regulations as the President may prescribe, a per-
son assigned to the Service as a Reserve officer from any Government
agency may, notwithstanding the provisions of the Act of Decem-
ber 21, 1944 (58 Stat. 845; 5 U.S.C. 61b), transfer to the Service any
annual or sick leave of absence standing to his credit at the time of
his assignment to the Service. On his return to the agency by which
he is regularly employed, he may transfer the aggregate of his ac-
cumulated and current annual and sick leave to that agency but the
amount of leave so transferred shall not exceed the maximum which
an officer or employee of the agency to which he is returning may have
to his credit on the date of his return.
[TRANSFER OF LEAVE OF ABSENCE
[SEC. 935. Under such regulations as the President may prescribe
an officer or employee of the Service who resigns from the Service in
order to accept an appointment in any Government agency may trans-
fer to such Government agency any annual or sick leave of absence
standing to his credit at the time of his resignation from the Service
and any officer or employee of any Government agency who resigns
from such agency in order to accept an appointment to the Service
may transfer to the Service any annual or sick leave of absence stand-
ing to his credit at the time of his resignation from the Government
agency in which he was employed, but in no event shall the amount
of annual or sick leave of absence so transferred exceed the maximum
amount of the annual or sick leave of absence which may be accumu-
lated in either the Service or the Government agency to which such
person is appointed, as the case may be.
[APPLICATION OF ANNUAL AND SICK LEAVE ACT OF 1951
[SEC. 936. The Annual and Sick Leave Act of 1951, as amended
(5 U.S.C. 2061 and the following), shall apply to career ministers
and Foreign Service officers, who are not serving as chiefs of mission
or who are not serving. in a position in the Department which requires
appointment by the President, by and with the advice and consent of
the Senate, and to Foreign Service Reserve officers who are commis-
sioned as diplomatic or consular officers, or both, in accordance with
section 524 of the Foreign Service Act of 1946, as amended, notwith-
standing the provisions of section 202(c) (1) (A) of the Annual and
Sick Leave Act of 1951, as amended.
[PART E-MEDICAL SERVICES
[EXPENSES OF TREATMENT
[SEC. 941. (a) In the event an officer or employee of the Service who
is a citizen of the United States incurs an illness or injury while such
person is located abroad, which requires hospitalization or similar
treatment, and which is not the result of vicious habits, intemperance,
or misconduct on his part, the Secretary may, in accordance with such
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regulations as lie may prescribe, pay for the cost of treatment of such
illness or injury.
[(b) In the event a dependent of a United States citizen officer or
employee of the Service who is stationed 'abroad, incurs an illness or
injury while such dependent is located abroad, which requires hos-
pitalization or similar treatment, and which is not the result of vicious
habits, intemperance, or misconduct on his part, the Secretary may, in
accordance with such regulations as he may prescribe, pay for that
portion of the cost of treatment of each such illness or injury that ex-
ceeds $35 up to a maximum limitation of one hundred and twenty days
of treatment for each such illness or injury, except that such maximum
limitation shall not apply whenever the Secretary, on the basis of pro-
fessional medical advice, shall determine that such illness or injury
clearly is caused by the fact that such dependent is or has been located
abroad.
[(c) After sufficient experience in the operation of the medical pro-
tection plan authorized in subsections (a) and (b) of this section has
been obtained, as determined by the Secretary, and if he considers that
the benefits so authorized can be provided for as well and as cheaply in
other ways, the Secretary may, under such regulations, and for such
persons, locations, and conditions as he may deem appropriate, and
within the limits prescribed in such subsections, contract for medical
care pursuant to such arrangements, insurance, medical services, or
health plans as he may deem appropriate.
[TRAVEL FOR MEDICAL PURPOSES
[SEC. 942. In the event an officer or employee of the Service who is
a citizen of the United States or one of his dependents, requires medi-
cal care, for illness or injury not the result of vicious habits, intemper-
ance or misconduct, while stationed abroad in a locality where there is
no qualified person or facility to provide such care, the Secretary may,
in accordance with such regulations as he may prescribe, pay the travel
expenses of such person by whatever means he shall deem appropriate,
including the furnishing of transportation, and without regard to the
Standardized Government Travel Regulations and section 10 of the
Act of March 3, 1933, as amended (60 Stat. 808; 5 U.S.C. 73b), to the
nearest locality where suitable medical care can be obtained. If any
such officer, employee, or dependent is too ill to travel unattended, or
in the case of a dependent too young to travel alone, the Secretary may
also pay the round-trip travel expenses of an attendant or attendants.
[PHYSICAL EXAMINATIONS AND COSTS OF INOCULATIONS
[SEC. 943. The Secretary shall, under such regulations as he may
prescribe, provide for physical examinations for applicants for em-
ployment and for officers and employees of the Service who are, citizens
of the United States, and for their dependents, including examinations
necessary to establish disability or incapacity in accordance with the
provisions of section 831, and shall provide for administering inocula-
tions or vaccinations to such officers and employees and their
dependents.
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[SEC. 944. Under such regulations as he may prescribe, the Secre-
tary is authorized to provide medical services under part E of this
title beyond the date of death-or separation of an officer or employee.
[FURNISHING MEDICAL SERVICES ABROAD
[SEC. 945. The Secretary may establish medical treatment and
health care facilities and provide for the services of physicians, nurses,
or other medical or health care personnel at a post at which, in the
opinion of the Secretary, sufficient personnel are employed to warrant
such facilities or services.
[TITLE X-MISCELLANEOUS
[PART A-PROHIBITIONS
[AGAINST UNIFORMS
[SEC. 1001. An officer or employee of the Service holding a position
of responsibility in the Service shall not wear any uniform except such
as may be authorized by law or such as a military commander may
require civilians to wear in a theater of military operations.
[AGAINST ACCEPTING PRESENTS
[SEC. 1002. A chief of mission or other principal officer may, under
such regulations as the President may prescribe, accept gifts made to
the United States, or to any political subdivision thereof by the gov-
ernment to which he is accredited or from which he holds an exequatur.
[AGAINST ENGAGING IN BUSINESS ABROAD
[SEC. 1003. An officer or employee of the Service shall not, while
holding office, transact or be interested in any business or engage for
profit in any profession in the country or countries to which he is
assigned abroad in his own name or in the name or through the agency
of any other person, except as authorized by the Secretary.
[AGAINST CORRESPONDENCE ON AFFAIRS OF FOREIGN GOVERNMENTS
[SEC. 1004. (a) An officer or employee of the Service shall not corre-
spond in regard to the public affairs of any foreign government ex-
cept with the proper officers of the United States, except as authorized
by the Secretary.
[(b) An officer or employee of the Service shall not recommend any
person for employment in any position of trust or profit under the
government of the country to which he is detailed or assigned, ex-
cept as authorized by the Secretary.
[AGAINST POLITICAL, RACIAL, RELIGIOUS, OR COLOR DISCRIMINATION
[SEC. 1005. In carrying out the provisions of this Act, no political
test shall be required and none shall be taken into consideration, nor
shall there be any discrimination against any person on account of
race, creed, or color.
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185
,[PART B-BoNDs
[SEC. 1011. Every secretary, consul general, consul, vice consul,
Foreign Service officer, and } oreign Service Reserve officer, and, if
required, any other officer or employee of the Service or of the Depart-
ment before he enters upon the duties of his office shall give to the
United States a bond in such form and in such penal sum as the
Secretary shall prescribe, with such sureties as the Secretary shall
approve, conditioned without division of penalty for .the true and
faithful performance of his duties, including (but not by way of
limitation) certifying vouchers for payment, accounting for, paying
over, and delivering up of all fees, moneys, goods, effects, books, rec-
ords, papers, and other property that shall come to his hands or to the
hands of any other person to his use as such officer or employee under
any law now or hereafter enacted and for the true and faithful per-
formance of all other duties now or hereafter lawfully imposed upon
him as such officer or employee, and such bond shall be construed to be
conditioned for the true and faithful performance of all official duties
of whatever character now or hereafter lawfully imposed upon him, or
by him assumed incident to his employment as an officer or employee
of the Government. Notwithstanding any other provisions of law,
upon approval of any bond given pursuant to this Act, the principal
shall not be required to give another separate bond conditioned for
the true and faithful performance of only a part of the duties for
which the bond given pursuant to this Act is conditioned. The bond
of an officer or employee of the Service shall be construed to be con-
ditioned for the true and faithful performance of all acts of such
officer incident to his office regardless of whether appointed or commis-
sioned as diplomatic, consular. Foreign Service officer, or other officer
of the Service. The bonds herein mentioned shall be deposited with
the Secretary of the Treasury. Nothing herein contained shall be
deemed to obviate the necessity of furnishing any bond which may be
required pursuant to the provisions of the Subsistence Expense Act
of 1926, as amended (44 Stat. 688; 47 Stat. 405; 56 Stat. 39; 5 U.S.C.
821-823,827-833).
[PART C-GIFTs
[SEc. 1021. (a) The Secretary may accept on behalf of the United
States gifts made unconditionally by will or otherwise for the bene-
fit of the Department including the Service or for the carrying out of
any of its functions. Conditional gifts may be so accepted at the dis-
cretion of the Secretary, and the principal of and income from any
such conditional gift shall be held, invested, reinvested, and used
in accordance with its conditions, but no gift shall be accepted which
is conditioned upon any expenditure not to be met therefrom or from
the income thereof unless such expenditure has been approved by
Act of Congress.
[(b) Any unconditional gift of money accepted pursuant to the au-
thority granted in paragraph (a) of this section, the net proceeds
from the liquidation (pursuant to paragraph (c) or paragraph (d)
of this section) of any other property so accepted, and the proceeds of
insurance on any such gift property not used for its restoration, shall
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be deposited in the Treasury of the United States and are hereby ap-
propriated and shall be held in trust by the Secretary of the Treasury
for the benefit of the Department including the Service, and he may
invest and reinvest such funds in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States. Such gifts and the income from such
investments shall be available for expenditure in the operation of the
Department including the Service and the performance of its func-
tions, subject to the same examination and audit as is provided for
appropriations made for the Service by Congress.
[(c) The evidences of any unconditional gift of intangible personal
property, other than money, accepted pursuant to the authority
granted in paragraph (a) of this section, shall be deposited with the
Secretary of the Treasury and he, in his discretion, may hold them, or
liquidate them except that they shall be liquidated upon the request
of the Secretary whenever necessary to meet payments required in
the operation of the Department, including the Service or the perform-
ance of its functions. The proceeds and income from any such prop-
erty held by the Secretary of the Treasury shall be available for ex-
penditures as is provided in paragraph (b) of this section.
[(d) The Secretary shall hold any real property or any tangible
personal property accepted unconditionally pursuant to the authority
granted in paragraph (a) of this section and he shall permit such
property to be used for the..operation of the Department including the
Service and the performance_of.its functions or he may lease or hire
such property,. and may insure such property, and deposit the income
.thereof with the Secretary. of the Treasury to be available for expendi-
ture as provided in paragraph (b) of this section. The income from
any such. real, property or tangible personal property shall be avail-
able for expenditure in the discretion of the Secretary for the main-
tenance, preservation,. or repair and insurance of such property and
any proceeds from insurance may be used to restore the property in-
sured..Any such property when not required for the operation of the
Department including the Service or the performance of its functions
may be liquidated by the Secretary, and the proceeds thereof deposited
with the Secretary of the Treasury, whenever in his judgment the pur-
poses of the gifts will be served thereby.
[(e) For the purpose of Federal income, estate, and gift taxes, any
gift, devise, or bequest accepted by the Secretary under authority of
this Act shall be deemed to be a gift, devise, or bequest to or for the
use of the United States.
[PART D-AUTHORIZATION To RETAIN ATTORNEYS
[SEC. 1031. The Secretary may, without regard to sections 189 and
365 of the Revised Statutes (5 U.S.C. 49 and 314), authorize a prin-
cipal officer to procure legal services whenever such services are re-
quired. for the protection of the interests of the Government or to
enable an officer or employee of the Service to carry on his work
efficiently.
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[PART E-DELEGATION OF AUTHORITY
[PART F-ExEMPTION FROM TAXATION
[SEC. 1051. Section 116 of the Internal Revenue Code, as amended
(53 Stat. 48; 53 Stat. 575; 56 Stat. 842; 58 Stat. 46; 26 U.S.C. 116),
relative to exclusions from gross income, is further amended by adding
at the end thereof a new subsection to read as follows :
U (k) In the case of an officer or employee of the Foreign Service
of the United States, amounts received by such officer or employee as
allowances or otherwise under the terms of title IX of the Foreign
Service Act of 1946."
[PART, G-INTERPRETATION OF THE ACT
[LIBERAL-CONSTRUCTION CLAUSE
[SEC. 1061. The provisions of this Act shall be construed liberally in
order to effectuate its purpose.
[PROVISIONS THAT MAY BE HELD INVALID
[SEC. 1062. If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid,
the validity of the remainder of the Act and the applicability of such
provision to other persons or circumstances shall not be affected
thereby.
[HEADINGS OF TITLES, PARTS, AND SECTIONS
[SEC. 1063. The headings descriptive of the various titles, parts, and
sections of this Act are inserted for convenience only, and, in case
of any conflict between any such heading and the substance of the title,
part, or section to which it relates, the heading shall be disregarded.
[PROVISIONS OF THE ACT OF JULY 3, 194(i
[SEC. 1064. Nothing in this Act shall be construed to affect the pro-
visions of sections 1, 2, 3, and 4 of the Act of July 3, 1946 (Public Law
488, Seventy-ninth Congress). The "classified grades" within the
meaning of that Act shall, from and after the effective date of this
Act, be construed to mean classes 1 to 5, inclusive.
[PART H-AUTHORIZATION FOR APPROPRIATIONS
[SEC. 1071. Appropriations to carry out the purposes of this Act are
hereby authorized.
[PART I-EDUCATIONAL FACILITIES
[SEC. 1081. Whenever the Secretary determines that educational
facilities are not available, or that existing educational facilities are
inadequate, to meet the needs of children of American citizens sta-
tioned outside the United States enagaged in carrying out Govern-
ment activities, he is authorized, in such manner as he deems appro-
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priate and under such regulations as he may prescribe, to establish,
operate, and maintain primary schools, and school dormitories and
related educational facilities for primary and secondary schools, out-
side the United States, or to make grants of funds for such purposes,
or otherwise provide for such educational facilities. The provisions of
the Foreign Service Buildings Act, 1926, as amended, and of para-
graphs (h) and (i) of section 3 of the Act entitled "An Act to provide
certain basic authority for the Department of State", approved Au-
gust 1, 1956 (5 U.S.C., 170h(h) and 170h(i) ), may be utilized by the
Secretary in providing assistance for educational facilities. Assist-
ance may include, but shall not be limited to, hiring, transporting,
and payment of teachers and other necessary personnel.
[PART J-MALPRACTICE PROTECTION
[SEC. 1091. (a) The remedy-
[(1) against the United States provided by sections 1346(b)
and 2672 of title 28 of the United States Code, or
[(2) through proceedings for compensation or other benefits
from the United States as provided by any other law, where the
availability of such benefits precludes a remedy under such
sections,
for damages for personal injury, including death, allegedly arising
from malpractice or negligence of a physician, dentist, nurse, pharma-
cist, or paramedical (including medical and dental assistants and tech-
nicians, nursing assistants, and therapists) or other supporting
personnel of the Department of State (including the Agency for
International Development) in furnishing medical care or related
services, including the conducting of clinical studies or investigations,
while in the exercise of his or her duties in or for the Department of
State or any other Federal department, agency, or instrumentality
shall be exclusive of any other civil action or proceeding by reason of
the same subject matter against such physician, dentist, nurse, phar-
macist, or paramedical or other supporting personnel (or his or her
estate) whose act or omission gave rise to such claim.
[(b) The United States Government shall defend any civil action or
proceeding brought in any court against any person referred to in
subsection (a) of this section (or his or her estate) for any such dam-
age or injury. Any such person against whom such civil action or pro-
ceeding is brought shall deliver, within such time after date of service
or knowledge of service as determined by the Attorney General, all
process served upon him or her on an attested true copy thereof to
whomever was designated by the Secretary to receive such papers and
such person shall promptly furnish copies of the pleading and process
therein to the United States attorney for the district embracing the
place wherein the proceeding is brought, to the Attorney General, and
to the Secretary.
[(c) Upon a certification by the Attorney General that the defend-
ant was acting within the scope of his or her employment in or for the
Department of State or any other Federal department, agency, or
instrumentality at the time of the incident out of which the suit arose,
any such civil action or proceeding commenced in a State court shall
be removed without bond at any time before trial by the Attorney
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General to the district court of the United States of the district and
division embracing the place wherein it is pending and the proceeding
deemed a tort action brought against the United States under the pro-
visions of title 28 of the United States Code and all references thereto.
Should a United States district court determine on a hearing on a
motion to remand held before a trial on the merits that the case so
removed is one in which a remedy by suit within the meaning of sub-
section (a) of this section is not available against the United States,
the case shall be remanded to the State court except that where such
remedy is precluded because of the availability of a remedy through
proceedings for compensation or other benefits from the United States
as provided by any other law, the case shall be dismissed, but in that
event, the running of any limitation of time for commencing, or filing
an application or claim in, such proceedings for compensation or other
benefits shall be deemed to have been suspended during the pendency
of the civil action or proceeding under this section.
[(d) The Attorney General may compromise or settle any claim
asserted in such civil action or proceeding in the manner provided in
section 2677 of title 28 of the United States Code and with the same
effect.
[(e) For purposes of this section, the provisions of section 2680(h)
of title 28 of the United States Code shall not apply to any tort
enumerated therein arising out of negligence in the furnishing of
medical care or related services, including the conducting of clinical
studies or investigations.
E (f) The Secretary may, to the extent he deems appropriate, hold
harmless or provide liability insurance for any person to whom the
immunity provisions of subsection (a) of this section apply, for dam-
ages for personal injury, including death, negligently caused by any
such person while acting within the scope of his or her office or employ-
ment and as a result of the furnishing of medical care or related serv-
ices, including the conducting of clinical studies or investigations, if
such person is assigned to a foreign area or detailed for service with
other than a Federal agency or institution, or if the circumstances are
such as are likely to preclude the remedies of third persons against
the United States provided by sections 1346(b) and 2672 of title 28
of the United States Code, for such damage or injury.
[(g) For purposes of this section, any medical care or related serv-
ice covered by this section and performed abroad by a covered person
at the direction or with the approval of the United States Ambassador
or other principal representative of the United States in the area shall
be deemed to be within the scope of employment of the individual
performing the service.
[TITLE XI-TEMPORARY PROVISIONS
[PART A-TEMPORARY PROVISIONS CONCERNING APPOINTMENTS AND
SALARIES OF OFFICERS AND EMPLOYEES OF THE SERVICE
[REINSTATEMENT OF CHIEFS OF MISSION WHO ARE FORMER FOREIGN
SERVICE OFFICERS
[SEC. 1101. Any person who on the effective date of this Act is a
chief of mission and who has previously been a Foreign Service offi-
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cer may be reinstated as a Foreign Service officer in the class of career
minister.
[TRANSFER OF FOREIGN SERVICE OFFICERS FROM OLD CLASSES TO NEW
CLASSES
[SEC. 1102. (a) Foreign Service officers on active service on the effec-
tive date of this Act shall, by virtue-of-this Act, be transferred from
the classes in which they are serving on such date to the new classes
established by this Act as follows : Officers of class I to the new class 1;
officers of class II to the new class 2; officers of classes III and IV to
the new class 3; officers of classes V and VI to the new class 4; officers
of classes VII and VIII to the new class 5; officers in the unclassified
grade to the new class 6.
[(b) Each officer so transferred shall under such regulations as the
Secretary may prescribe receive that salary in the new class which
shall as nearly as possible correspond to his relative standing in the
Service.
[(c) Whenever, in accordance with the provisions of paragraph (a)
of this section, the officers in a new class shall be officers who previ-
ously served in two former classes that were combined to form the new
class, the period of minimum service in class, for the purposes of de-
termining eligibility for promotion in accordance with the provisions
of section 622, shall commence to run from the date of their promotion
to the lower of the two classes from.which the new class is composed
and from the date of their promotion to the higher of the two classes
from which the new class is composed for the purposes of computing
the minimum period an officer shall serve in a class before the com-
mencement of the period during which he must obtain a promotion in
order to prevent being retired. In all other cases, service in a former
class shall be considered as a constituting -service in the new class for
the purposes of section 622.
[TRANSFER OF OTHER OFFICERS AND EMPLOYEES OF THE SERVICE FROM
THEIR PRESENT POSITIONS TO NEW POSITIONS
[SEC. 1103. The Secretary shall, under such regulations as he may
prescribe, provide for the transfer of the personnel of the Service,
other than persons occupying positions which under the terms of this
Act constitute them chiefs of mission and Foreign Service officers, to
corresponding positions established by the terms of this Act or by any
regulations issued pursuant thereto.
[IN-CLASS PROMOTION
[SEC. 1104. In making transfers of personnel in accordance with the
provisions of sections 1102 and 1103, credit for time served in a previ-
ous class or position shall be given for the purpose of determining
eligibility for in-class promotions in a new class in the same manner
as if such time had been served in the new class.
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[RULES GOVERNING THE MAKING OF SALARY DETERMINATIONS IN CARRYING
OUT AN INITIAL CLASSIFICATION OF THE SERVICE
[SEC. 1105. In making the initial classification of the Service for
Foreign Service staff officers and employees in accordance with the
provisions of sections 441 and 442, the following rules shall apply:
E(1) The principle of equal compensation for equal work, irrespec-
tive of sex, shall be followed.
.[(2) If an officer or employee is receiving basic salary at less than
the inininiuui rate of the class or subclass to which the position he
holds is allocated, his salary shall be increased to the lowest basic sal-
ary of that class or subclass.
[(3) If an officer or employee is receiving basic salary within the
range provided for the class or subclass to which the position lie holds
is allocated, and at one of the rates within that range, no change shall
be made in his basic salary ; if his basic salary rate is within the range
but does not correspond to any one of the rates prescribed for that
range by section 415, his salary shall be adjusted by fixing it at the
next higher rate above the rate which he is receiving.
[(4) If an officer or employee is receiving basic salary at a rate in
excess of the maximum basic salary rate provided by section 415
for the class or subclass to which the position he holds is allocated in
accordance with the provisions of section 1103, he shall not suffer a
diminution in salary as a consequence of the classification of the posi-
tion which he holds so long as he continues to occupy that position,
but if lie is not receiving salary at one of the rate, prescribed in section
415, his salary shall be adjusted by fixing it at the next higher rate
above the rate he is receiving.
[PART B-TEMPORARY PROVISIONS CONCERNING RETIREMENT
[MANDATORY RETIREMENT
[SEC. 1111. (a) Notwithstanding the provisions of section 632, re-
garding the retirement of Foreign Service officers at the age of sixty
years, Foreign Service officers below the class of career minister shall,
during the first year after the effective date of this Act, be manda-
torily retired forage upon reaching the age of sixty-four unless their
services have been extended in accordance with the provisions of sec-
tion 632; during the second year, at age sixty-three; during the third
year at age sixty-two; during the fourth year at age sixty-one; and,
thereafter, at age sixty, but in no event shall any Foreign Service
officer be mandatorily retired for age during such four-year period
until he has had fifteen years of service.
[(b) No Foreign Service officer shall be mandatorily retired in ac-
cordance with provisions of section 633 or 634 until three years after
the effective date of this Act.
[RATE OF ANNUITIES TO BE RECOMPUTED
[SEC. 1112. The Secretary shall cause annuities of all persons who
are receiving annuities from the Foreign Service Retirement and Dis-
ability Fund on the effective date of this Act to be recomputed in
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accordance' with the provisions of section 821(a) and annuities pay-
able to such persons shall, commencing on the effective date of this
Act, be paid at the rates so determined, but no such recomputation
or any other action taken pursuant to this Act shall operate to reduce
the rate of the annuity received by any such person unless such per-
son voluntarily elects to receive a reduced annuity as provided in
section 821(c) .
[PART C-MISCELLANEOUS TEMPORARY PROVISIONS
[BONDS
[SEC. 1121. The provisions of this Act shall not operate to impair
the validity of any existing bond furnished by any officer or employee
of the Service.
[USE OF APPROPRIATIONS
[SEC. 1122. Funds appropriated to the Department of State for the
fiscal year 1947, under the caption "Foreign Service", are hereby made
available for the purposes of this Act in accordance with authority
granted herein and such regulations as the Secretary may prescribe.
The appropriation of such additional funds as may be required to
carry out the provisions of this Act is hereby authorized.
[PART D-REPEAL CLAUSES
[REPEAI. OF PARTICULAR STATUTES
[SEC. 1131. The following statutes or parts of statutes are hereby
repealed :
[(1) Section 208 of the Revised Statutes, as amended by the Act
of May 29, 1928 (ch. 901, Public Law Numbered 611, 45 Stat. 987)
(5 U.S.C. 163).
[(2) Section 1674 of the Revised Statutes, as amended by section 6
of the Act of February 5, 1915 (ch. 23, Public Law Numbered 242, 38
Stat. 806), and as further amended by the Act of March 3, 1875 (ch.
153, 18 Stat. 483), and by that part of the Act of July 1, 1916 (ch.
208, Public Law Numbered 131, 39 Stat. 252), which constitutes the
second proviso under the heading "Salaries of Secretaries in the Dip-
lomatic Service" (22 U.S.C. 40 and 51).
[(3) Section 1675 of the Revised Statutes as amended by the Act
of March 3, 1875 (ch. 153, 18 Stat. 483), and by that part of title I
of the Act of February 27, 1925 (ch. 364, Public Law Numbered 502,
43 Stat. 1015), under the heading "Diplomatic and Consular Service"
and the subheading "Ambassadors and Ministers" (22 U.S.C. 32).
[(4) Section 1685 of the Revised Statutes as amended by schedule
A of the Act of March 2, 1909 (ch. 235, Public Law Numbered 292, 35
Stat. 673), and as further amended by section 3 of the Act of Feb-
ruary 5, 1915 (ch. 23, Pub] ic Law Numbered 242, 38 Stat. 805), section
17 of the Act of May 24, 1924 (ch. 182, Public Law Numbered 135, 43
Stat. 143), hereinafter referred to as the Act of May 24, 1924, and
by that part of title I of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1016), which reads as follows : "Pro-
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vided, That after June 30, 1924, vice consuls while in charge of a con-
sulate general or consulate during the absence of the principal officer
shall be entitled to additional compensation in the same manner and
under the same conditions as Foreign Service officers as provided in
section 17 of the Act of May 24, 1924," renumbered as section 25 and
further amended by section 7 of the Act of February 23, 1931 (ch.
276, Public Law Numbered 715, 46 Stat. 1210), hereinafter referred
to as the Act of February 23, 1931 (22 U.S.C. 20).
[(5) Section 1686 of the Revised Statutes (22 U.S.C. 36).
[(6) Section 1688 of the Revised Statutes (22 U.S.C. 39).
[(7) Section 1695 of the Revised Statutes and section 3 of the Act
of April 5, 1906 (ch. 1366, Public Law Numbered 83, 34 Stat. 100),
which reenacted certain parts of section 1695 of the Revised Statutes
without specifically amending such section (22 U.S.C. 51a and 55).
[(8) Section 1696 of the Revised Statutes (22 U.S.C. 58).
[(9) Section 1712 of the Revised Statutes, as amended by the Act of
June 18, 1888 (ch. 393, 25 Stat. 186) (22 U.S.C. 80).
E(10) Section 1713 of the Revised Statutes, as amended by the Act
of June 18, 1888 (ch. 393, 25 Stat. 186) (22 U.S.C. 82).
[(11) Section 1714 of the Revised Statutes (22 U.S.C. 71).
.[(12) Section 1738 of the Revised Statutes (22 U.S.C. 105).
.[(13) Section 1740 of the Revised Statutes (22 U.S.C. 121).
[(14) Section 1743 of the Revised Statutes (22 U.S.C. 125).
[(15) Section 1744 of the Revised Statutes (22 U.S.C. 33).
[(16) Section 1748 of the Revised Statutes (22 U.S.C. 129).
[(17) Section 1749 of the Revised Statutes (22 U.S.C. 130).
[(18) Section 1752 of the Revised Statutes (22 U.S.C. 132).
[(19) That part of section 1 of the Act of June 11, 1874 (ch. 275, 18
Stat. 67), which reads as follows : "And the Secretary of State is
authorized to allow and pay to the secretary of legation and to the
second secretary of legation and to the messenger of the legation in
Paris, from the moneys collected at the legation for the transmission
of consular invoices, an amount not to exceed in the aggregate six
hundred dollars in any one year, to be divided and distributed as the
Secretary of State may direct, provided that the surplus receipts are
sufficient for that purpose" (22 U.S.C. 37).
E(20) Section 4 of the Act of June 11, 1874 (ch. 275, 18 Stat. 70)
(22 U..C.122).
,[(21) The Act of June 17, 1974 (ch. 294, 18 Stat. 77) (22 U.S.C. 124
and 126).
[(22) That part of the Act of January 27, 1879 (ch. 28, 20 Stat. 273),
which reads as follows : "And it shall be the duty of consuls to make
to the Secretary of State a quarterly statement of exports from, and
imports to, the different places to which they are accredited, giving,
as near as may be, the market price of the various articles of exports
and imports, the duty and port charges, if any, on articles imported
and exported, together with such general information as they may be
able to obtain as to how, where, and through what channels a market
may be opened for American products and manufactures. In addition
to the duties now imposed by law, it shall be the duty of consuls and
commercial agents of the United States, annually, to procure and trans-
mit to the Department of State, as far as practicable, information
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respecting the, rate of wages paid for skilled and unskilled labor
within their respective jurisdiction" (22 U.S.C. 81).
[(23) That part of section 5 of the Act of February 14, 1903 (ch. 552,
Public Law Numbered 87, 32 Stat. 827), reading as follows: "And
all consular officers of the United States, including consuls-general,
consuls, and commercial agents, are hereby required, and it is made a
part of their duty, under the direction of the Secretary of State, to
gather and compile, from time to time, useful and material informa-
tion and statistics in respect to the subjects enumerated in section 3
of this Act in the countries and places to which such consular officers
are accredited, and to send under the direction of the Secretary of
State, reports as required by the Secretary of Commerce and Labor
of the information and statistics thus gathered and compiled, such re-
ports to be transmitted through the Deparment of State to the Secre-
tary of the Department of Commerce and Labor," as amended by
section 3 of the Act of April 5, 1906 (ch. 1366, Public Law Numbered
83, 34 Stat. 100) ; by the Act of August 23, 1912 (ch. 350, Public Law
Numbered 299, 37 Stat. 407), and by the Act of March 4,1913 (ch. 141,
Public Law Numbered 426,37 Stat. 736) (15 U.S.C. 175).
[(24) Section 11 of the Act of February 14, 1903 (ch. 552, Public
Law Numbered 87, 32 Stat. 830) (5 U.S.C. 162).
[(25) Section 4 of the Act of April 5, 1906 (ch. 1366, Public Law
Numbered 83, 34 Stat. 100), as amended by section 10 of the Act of
May 24, 1924 (43 Stat. 142), and renumbered as section 17 and further
amended by section 7 of the Act of February 23, 1931 (46 Stat. 1209)
(22 U.S.C. 9).
[(26) That part of section 8 of the Act of April 5, 1906 (ch. 1366,
Public Law Numbered 83, 34 Stat. 101), reading as follows : "but this
shall not apply to consular agents, who shall be paid by one-half of
the fees received in their offices, up to maximum sum of one thousand
dollars in any one year, the other half being accounted for and paid
into the Treasury of the United States" (22 U.S.C. 99).
[(27) That part of schedule A of the Act of March 2, 1909 (ch. 235,
Public Law Numbered 292: 35 Stat. 672), which reads as follows:
"And hereafter no new ambassadorship shall be created unless the
same shall be provided for by Act of Congress." (22 U.S.C. 31).
[(28) Section 7 of the Act of February 5, 1915 (ch. 23, Public Law
Numbered 242, 38 Stat. 807), as amended by section 12 of the Act of
May 3, 1945 (ch. 105, Public Law Numbered 48; 59 Stat. 105), herein-
after referred to as the Act of May 3, 1945 (22 U.S.C. 38).
[(29) That part of the Act of July 1, 1916, which, under the heading
"Salaries of Secretaries in the Diplomatic Service," authorizes the
President to designate and assign any secretary of class one as coun-
selor of embassy or legation (39 Stat. 252), as amended by section 16 of
the Act of May 24, 1924 (43 Stat. 143), and renumbered as section 23
by section 7 of the Act of February 23, 1931 (46 Stat. 1210) (22
U.S.C. 18).
[(30) The Joint Resolution of September 29, 1919 (ch. 72, Public
Resolution Numbered 16, 41 Stat. 291) (22 U.S.C. 34).
[(31) That part of the Act of June 1, 1922 (ch. 204, Public Law
Numbered 229, 42 Stat. 600), which under the heading "Diplomatic
and Consular Service" and subheading "Ambassadors and Ministers"
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in title I authorizes the appointment of an envoy extraordinary and
minister plenipoteniary to Egypt (22 U.S.C. 34c).
[(32) Section 1 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 8 by section 7 of the Act of February 23, 1931 (46
Stat. 1207) (22 U.S.C. 1).
[ (33) Section 2 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 9 and amended by section 7 of the Act of February 23,
1931 (46 Stat. 1207) (22 U.S.C. 2).
[(34) Section 3 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 10 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1207), and as further amended by section 2 of the
Act of April 24, 1939 (ch. 84, Public Law Numbered 40, 53 Stat. 583),
and by sections 4 and 5 of the Act of May 3, 1945 (59 Stat. 102, 103)
(22 U.S.C. 3).
[(35) Section 4 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 11 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1215), and as further amended by the Act of June
29, 1935 (ch. 337, Public Law Numbered 181, 49 Stat. 436) (22 U.S.C.
4).
[(36) Section 5 of the Act of May 24, 1924 (43 Stat. 141), renum-
bered as section 12 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1208) (22 U.S.C. 5 and 6).
[(37) Section 6 of the Act of May 24, 1924, renumbered as sections
13 and 14, and amended by section 7 of the Act of February 23, 1931,
and as further amended by section 6 of the Act of May 3, 1945 (59
Stat. 103) (22 U.S.C. 7).
[(38) Section 9 of the Act of May 24, 1924 (43 Stat. 142), renum-
bered as section 16 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1208), and further amended by section 7 of the Act
of May 3,1945 (59 Stat. 103) (22 U.S.C. 11).
[(39) Section 12 of the Act of May 24, 1924 (43 Stat. 142), renum-
bered as section 19 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209), and further amended by section 8 of the
Act of May 3,1945 (59 Stat. 104) (22 U.S.C. 12).
[(40) Section 13 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 20 and amended by section 7 of the Act of February
23,1931 (46 Stat. 1209) (22 U.S.C. 14).
[(41) Section 14 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 21 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209), and further amended by section 9 of the Act
of May 3,1945 (59 Stat. 103) (22 U.S.C. 11).
[(42) Section 15 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 22 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1210), and further amended by the Act of March 17,
1941 (ch. 20, Public Law Numbered 17, 55 Stat. 44) (22 U.S.C. 17
and 17a).
[(43) Paragraph 1 of section 17 of the Act of May 24, 1924 (43
Stat. 143), renumbered as section 24 and amended by section 7 of the
Act of February 23,1931 (46 Stat. 1210) (22 U.S.C. 19).
[(44) Section 18 of the Act of May 24, 1924 (43 Stat. 144), as
amended by section 1 of the Act of July 3, 1926 (ch. 798, Public Law
Numbered 519, 44 Stat. 902), renumbered as section 26 and amended
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by section 7 of the Act of February 23, 1931 (46 Stat. 1211), further
amended by section 3 of the Act of April 24, 1939 (ch. 84, Public Law
Numbered 40, 53 Stat. 584), by the Act of July 19, 1939 (ch. 330,
Public Law Numbered 197, 53 Stat. 1067), by the Act of August 5,
1939 (ch. 441, Public Law Numbered 277, 53 Stat. 1208), by section 1
of the Act of April 20, 1940 (ch. 118, Public Law Numbered 464, 54
Stat. 143), by section 4 of the Act of October 14, 1940 (ch. 859, Public
Law Numbered 846, 54 Stat. 1118) and by section 1 of the. Act of
May 13, 1941 (ch. 115, Public Law Numbered 69, 55 Stat. 189) (22
U.S.C. 21).
[(45) Section 19 of the Act of May 24, 1924 (43 Stat. 146), renum-
bered as section 27 by section 7 of the Act of February 23, 1931 (46
Stat. 1213 (22 U.S.C. 22).
[(46) ection 20 of the Act of May 24, 1924 (43 Stat. 146), renum-
bered as section 28 and amended by section 7 of the Act of February 23,
1931 (46 Stat. 1213) (22 U.S.C. 23).
[(47) Section 31 of the Act of May 24, 1924, as added to that Act
by section 7 of the Act of February 23, 1931 (46 Stat. 1214), and as
amended by section 10 of the Act of May. 3, 1945 (59 Stat. 105) (22
U.S.C. 23f and 23g).
[ (48) Section 32 of the Act of May 24, 1924, as added to that Act
by section 7 of the Act of February 23, 1931 (46 Stat. 1214), and as
amended by section 5 of the Act of July 3, 1946 (Public Law 488,
Seventy-ninth Congress) (22 U.S.C. 23h).
[(49) Section 33 of the Act of May 24, 1924, as added to that Act
by section 7 of the Act of February 23, 1931 (46 Stat. 1215), and as
amended by section 4 of the Act of April 24, 1939 (ch. 84, Public Law
Numbered 40, 53 Stat. 588) (22 U.S.C. 3a and 23i).
[(50) Section 34 of the Act of May 24, 1924, as added to that Act
by section 7 of the Act of February 23, 1931 (46 Stat. 1216) (22
U.S.C. 23j).
1(51) That part of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1017), which under the heading "Diplo-
matic and Consular Service" and the subheading "Allowance for
Clerk Hire at United States Consulates" reads as follows : "Clerks,
whenever hereafter appointed, shall so far as possible, be appointed
under civil service rules and regulations", and similar provisions in
later Acts (22 U.S.C. 56).
[(52) That part of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1016), which under the heading "Diplo-
matic Service" and the subheading "Clerks at Embassies and Lega-
tions", reads as follows: "who (clerks at the embassies and legations)
whenever hereafter appointed shall be citizens of the United States
* * * and so far as practicable shall be appointed under civil serv-
ice rules and regulations", and similar provisions in later Acts (22
U.S.C. 35).
[(53) Section 2 of the Act of July 3, 1926 (ch. 798, Public Law
Numbered 519, 44 Stat. 903) (22 U.S.C. 21a).
[(54) Sections 1, 2, 3, 4, 5, and 7 of this Act of March 3, 1927 (ch.
365, Public Law Numbered 768, 44 Stat. 1394) as amended by the
Act of April 12, 1930 (ch. 142, Public Law Numbered 122, 46 Stat.
163) (15 U.S.C. 197-197d and 197f).
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E(55) The Joint Resolution of January 22, 1930 (ch. 22, Public
Resolution Numbered 32, 46 Stat. 57) (22 U.S.C. 34a).
[(56) The Act of June 5, 1930 (ch. 399, Public Law Numbered
304, 46 Stat. 497-499) (7 U.S.C. 541-545).
[(57) The Joint Resolution of June 5, 1930 (ch. 404, Public Reso-
lution Numbered 81, 46 Stat. 502) (22 U.S.C. 34b).
[(58) The Act of January 21, 1931 (ch. 42, Public Law Num-
bered 569, 46 Stat. 1040) (22 U.S.C. 32a).
[(59) Section 1 of the Act of February 23, 1931 (46 Stat. 1207),
as amended by section 2 of the Act of May 3, 1945 (59 Stat. 102)
(22 U.S.C. 23a).
[(60) Section 2 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U.S.C. 23b).
[(61) Section 3 of the Act of February 23, 1931 (46 Stat. 1207),
as amended by section 1 of the Act of April 24, 1939 (ch. 84, Public
Law Numbered 40, 53 Stat. 583), and as further amended by section
3 of the Act of May 3, 1945 (59 Stat. 102) (22 U.S.C. 23c).
[(62) Section 4 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U.S.C. 23d).
[(63) Section 5 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U.S.C. 23e).
[(64) That part of section 209 of the Act of June 30, 1932 (ch.
314, Public Law Numbered 212, 47 Stat. 405), as amended, which
was added to that Act by the Act of April 30, 1940 (ch. 172, Public
Law Numbered 499, 54 stat. 174) (5 U.S.C. 823a).
[(65) That part of Reorganization Plan Numbered II, made effec-
tive July 1, 1939, by the Act of June 7, 1939 (ch. 193, Public Resolu-
tion Numbered 20, 53 Stat. 813), designated as subparagraphs (a),
(b), and (c) under section 1 of part 1 (53 Stat. 1431) (note under
5 U.S.C. 133t).
[(66) Section 1 of the Act of May 3, 1945 (59 Stat. 102) (22 U.S.C.
la).
24[.(67) Section 12 of the Act of May 3, 1945 (59 Stat. 105) (22 U.S.C.
[GENERAL REPEAL OR AMENDMENT PROVISION
[SEC. 1132. Any statute that is not repealed by section 1131 but
which is inconsistent with any of the provisions of this Act shall be
considered as having been amended or superseded by such provisions.
[RIGHTS AND ? LIABILITIES UNDER STATUTES THAT ARE REPEALED
[SEC. 1133. The repeal of the several 'statutes or parts of statutes
accomplished by section 1131 shall not affect any act done or right
accruing or accrued, -or_any suit or proceeding had or commenced in
any civil cause, before such repeal, but all rights and liabilities under
the statutes or parts thereof so repealed shall continue, and may be
enforced in the same manner as if such repeal had not been made;
subject, however, to the provisions of section 1134.
[STATUTES PREVIOUSLY REPEALED BY IMPLICATION
[SEC. 1134. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not be construed as a revival, up
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198
to the effective date of this Act, of any statute or part of a statute that
may have previously been repealed by implication.
[CONTINUATION IN FORCE OF EXISTING RULES, REGULATIONS, AND
EXECUTIVE ORDERS
[SEC. 1135. Notwithstanding the provisions of this Act, existing
rules, regulations of or applicable to the Service, and Executive orders
shall remain in effect until revoked or rescinded or until modified or
superseded by regulations made in accordance with the provisions of
this Act, unless clearly inconsistent with the provisions of this Act.
[PART E-EFFECTIVE DATE OF ACT
[SEC. 1141. The effective date of this Act shall be three months fol-
lowing the date of its enactment.]
THE ACT OF AUGUST 1, 1956
AN ACT To provide certain basic authority for the Department of State
SEC. 13. (a) There is hereby established a working capital fund for
the Department of State, which shall be available without fiscal year
limitations, for expenses (including those authorized by the [Foreign
Service Act of 1946, as amended] Foreign Service Act of 1980) and
equipment, necessary for maintenance and operation in the city of
Washington and elsewhere of (1) central reproduction, editorial, data
processing, audiovisual, library and administrative support services;
(2) central services for supplies and equipment (including repairs) ;
(3) such other administrative services as the Secretary, with the
approval of the Bureau of the Budget, determines may be performed
more advantageously and more economically as central services ; and
(4) medical and health care services. The capital of the fund shall
consist of the amount of the fair and reasonable value of such supply
inventories, equipment, and other assets and inventories on order, per-
taining to the services to be carried on by the fund, as the Secretary
may transfer to the fund, less the related liabilities and unpaid obliga-
tions, together with any appropriations made for the purpose of pro-
viding capital. The fund shall be reimbursed, or credited with advance
payments, from applicable appropriations and funds of the Depart-
ment of State, other Federal agencies, and other sources authorized by
law, for supplies and services at rates which will approximate the
expense of operations, including accrual of annual leave and deprecia-
tion of plant and equipment of the fund. The fund shall also be
credited with other receipts from sale or exchange of property or in
payment for loss or damage to property held by the fund. There shall
be transferred into the Treasury as miscellaneous receipts, as of the
close of each fiscal year, earnings which the Secretary determines to be
excess to the needs of the fund.
* * * * * * *
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[SEC. 14. (a) Subject to the provisions of this section and under such
regulations as the Secretary .of State may prescribe, the Secretary is
authorized to provide for payment of a gratuity to the surviving de-
pendents of any Foreign Service employee who dies-as a result of in-
juries sustained in the performance of duty outside the United States
in an amount equal to one year's salary at the time of death. Appro-
priations for this purpose are authorized to be made to the account for
salaries and expenses of the employing agency. Any death gratuity
payment made under this section shall be held to have been a gift and
shall be in addition to any other benefit payable from any source.
[(b) A death gratuity payment shall be made under this section only
if the survivor entitled to payment under subsection (c) is entitled to
elect monthly compensation under section 8133 of title 5, United
States Code, because the death resulted from an injury (excluding a
disease proximately caused by the employment) sustained in the per-
formance of duty, without regard to whether such survivor elects to
waive compensation under such section 8133.
[(c) A death gratuity payment under this section shall be made as
follows :
[(1) First, to the widow or widower.
E(2) Second, to the child, or children in equal shares, if there
is no widow or widower.
[(3) Third, to the dependent parent, or dependent parents in
equal shares, if there is no widow, widower, or child.
If there is no survivor entitled to payment under this subsection, no
payment shall be made.
[(d) As used in this section-
E(1) the term "Foreign Service employee" means any employee
of the United States who is a chief of mission, a Foreign Service
officer, a Foreign Service information officer, a Foreign Service
Reserve officer of limited or unlimited tenure, a Foreign Service
staff officer or employee, a consular agent, a United States rep-
resentative to an international organization or commission, or an
alien employee appointed under section 541 of the Foreign Service
Act of 1046;
[(2) each of the terms "widow", "widower", "child", and
"parents" shall have the same meaning given each such term by
section 8101 of title 5, United States Code; and
[(3) the term "United States" means the several States and the
District of Columbia.
((e)The provisions of this section apply with respect to death oc-
curing on and after January 1, 1973-3
[SEC. 16. Under the direction of the President-
[(1) the United States chief of mission (as defined in section
121(9) of the Foreign Service Act of 1946) in a foreign country
shall have full responsibility for the direction, coordination, and
supervision of all United States Government officers and em-
ployees in that country, except for personnel under the command
of a United States area military commander;
[(2) the chief of mission shall keep himself fully and cur-
rently informed with respect to all activities and operations of the
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United States Government within that country, and shall insure
that all Government officers and employees in that country, except
for personnel under the command of a United States area military
commander, comply fully with his directives ; and
[(3) any department or agency having officers or employees
in a country shall keep the United States chief of mission in that
country fully and currently informed with respect to all activities
and operations of its officers and employees in that country, and
shall insure that all of its officers and employees, except for per-
sonnel under the command of a United States area military com-
mander, comply fully with all applicable directives of the chief
of mission.]
SEC. 25. (a) The Secretary of State may accept on behalf of the
United States gifts made unconditionally by will or otherwise for the
benefit of the Department of State (including the Foreign Service)
or for the carrying out of any of its functions. Conditional gifts may
be so accepted at the discretion of the Secretary, and the principal of
and income from any such conditional gift shall be held, invested,
reinvested, and used in accordance with its conditions, except that no
gift shall be accepted which is conditioned upon any expenditure
which will not be met by the gift or the income from the gift unless
such expenditure has been approved by Act of Congress.
(b) Any unconditional gift of money accepted under subsection (a),
the income from any gift property held under subsection (c) or (d)
(except income made-available for expenditure under subsection (d)
(2) ), the net proceeds from the liquidation of gift property under sub-
section (c) or (d), and the proceeds of insurance on any gift property
which are not used for its restoration, shall be deposited in the Treasury
of the United States. Such funds are hereby appropriated and shall
be held in trust by the Secretary of the Treasury for the benefit of the
Department. of State (including the Foreign Service). The Secretary
of the Treasury may invest and reinvest such' funds in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States. Such funds and the income
from such investments shall be available for expenditure in the opera-
tion of the Department of State (including the Foreign Service) and
the performance of its functions, subject to the same examination and
audit as'is. provided for appropriations made for the Foreign Service
by the Congress.
(c) The evidences of any unconditional gift of intangible personal
property (other than money) accepted under subsection (a), shall be
deposited with the Secretary of the Treasury who may hold or liqui-
date them, except that they shall be liquidated upon the request of the
Secretary of State whenever necessary to meet payments required in
the-operation of the Department of State (including the Foreign Serv-
ice) or the performance of its functions.
(d) (1) The Secretary of State shall hold any real property or any
tangible personal property accepted unconditionally pursuant to sub-
section (a) and shall either use such property for the operation of the
Department of State (including the Foreign Service) and the per-
formance of its functions or lease or hire such property, except that
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201
any such property not required for the operation of the Department
of State (including the Foreign Service) or the performance of its
functions may be liquidated b the Secretary o f State whenever in the
judgment of the Secretary o'f the the purposes of the gift will be
served thereby. The Secretary of State may insure any property held
vender this subsection. Except as provided in paragraph (2), the Sec-
retary shall deposit the income from any property held under this
subsection with the Secretary of the Treasury as provided in subsec-
tion (b).
(2) The income from any real property or tangible personal prop-
erty held under this subsection shall be available for expenditure at
the discretion of the Secretary of State for the maintenance, preserva-
tion, or repair and insurance of such property and any proceeds from
insurance may be used to restore the property insured.
(e) For the purpose of Federal income, estate, and gift taxes, any
gift. devise, or bequest accepted under this section shall be deemed to
be a gift, devise, or bequest to and for the use of the United States.
(f) The authorities available to the Secretary of State under this
section with respect to the Department of State shall be available to
the Director of the International Communication Agency and the. Di-
rector of the United States International Development Cooperation
Agency with respect to their respective agencies.
SEC. 26. (a) The Secretary of State may, without regard to section
3106 of title 5, United States Code, authorize a principal o fJicer of the
Foreign Service to procure legal services whenever such services are
required for the protection of the interests of the Government or to
enable a member of the Service to carry on the member's work
efficiently.
(b) The authority available to the Secretary 'of State under this sec-
tion shall be. available to the Director of the International Communica-
tion Agency and the Director of the United States International
Development Cooperation Agency with respect to their respective
agencies.
SEC. 27. (a) In order to expand employment opportunities for family
members of United States Government personnel assigned abroad, the
Secretary of State shall seek to conclude such bilateral and multilateral
agreements as will facilitate the employment of such family members
in foreign economies.
(b) Any member of a family of a member of the Foreign Service
may accept gainful employment in a foreign country Unless such
employment-
(1) would violate any law of such country or of the United
States; or
(2) could, as certified in writing by the United States chief of
missions to such country, damage the interests of the United
States.
SEC. 28. The Secretary of State may authorize the principal officer
of a Foreign Service post to provide for the use of Government owned
or leased vehicles located at that post for transportation of United
States Government employees and their families when public trans-
portation is unsafe or not available or when such use is advantageous
to the Government.
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202,
SEC. 29. Whenever the Secretary of State determines that educa-
tional facilities are not available. or that existing educational facilities
are inadequate, to meet the needs of children of United States citizens
stationed outside the United States who are engaged in carrying out
Government activities, the Secretary may, in such manner as he deems
appropriate and under such regulations as he may prescribe, establish,
operate, and maintain primary schools, and school dormitories and re-
lated educational facilities for primary and secondary schools, outside
the United States, make grants of funds for such purposes, or otherwise
provide for such educational facilities. The authorities of the Foreign
Service Buildings Act, 1926, and of paragraphs (h) and (i) of sec-
tion 3 of this Act, may be utilized by the Secretary in providing assist-
ance for educational facilities. Such assistance may include hiring,
transporting, and payment of teachers and other necessary personnel.
SEC. 30. (a) The remedy-
(1) against the United States provided by sections 1346 (b) and
2672 of title 28, United States Code, or
(2) through proceedings for compensation or other benefits
from the United States as provided by any other law, where the
availability Of such benefits precludes a remedy under such
sections,
for damages for personal injury, including death, allegedly arising
from malpractice or negligence of a physician, dentist, nurse, pharma-
cist, or paramedical (including medical and dental assistants and
technicians, nursing assistants, and therapists) or other supporting'
personnel of the Department of State in furnishing medical care or
related, services, including the conducting of clinical studies or investi-
gations, while in the exercise of his or her duties in or for the Depart-
pnent of State or any other Federal department, agency, or instru-
mentality shall be exclusive of any other civil action or proceeding by
reason of the same subject matter against such physician, dentist,
nurse, pharmacist, or paramedical or other supporting personnel (or
his or her estate) whose act or omission gave rise to such claim.
(b) The United States Government shall defend any civil action or
proceeding brought in any court against any person referred to in
subsection (a) of this section (or his or her estate) for any such damage
or injury. Any such person against whom such civil action or proceed-
ing is brought shall deliver, within such time after date of service or
knowledge of service as may be determined by the Attorney General,
all process served upon him or her or an attested true copy thereof to
whomever was designated by the Secretary to receive such papers.
Such person shall promptly furnish copies of the pleading and process
therein to the United States attorney for the district embracing the
place wherein the proceeding is brought, to the Attorney General, and
to the Secretary.
(c) Upon a certification by the Attorney General that the defendant
was acting within the scope of his or her employment in or for the
Department of State or any other Federal department, agency, or
instrum:entality at the time of the incident out of which the suit arose,
any such civil action or proceeding commenced in a State court shall
be removed without bond at any time before trial by the Attorney
General to the district court of the United States of the district and
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division embracing the place wherein it is pending and the proceeding
-deemed a tort action brought against the United States under the pro-
visions of title 28, United States Code, and all references thereto.
Should a United States district court determine on a hearing on a mo-
tion to remand held before a trial on the merits that the case so
removed is one in which a remedy by suit within the meaning of sub-
section (a) of this section is not available against the United States,
the case shall be remanded to the State court except that where such
remedy is precluded because of the availability of a remedy through
proceedings for compensation or other benefits from the United States
as provided by any other claw, the case shall be dismissed, but in that
event, the running of any limitation of time for commencing, or filing
an application or claim in, such proceedings for compensation or other
benefits shall be deemed to have been suspended during the pendency
of the civil action or proceeding under this section.
(d) The Attorney General may compromise or settle any claim as-
serted in such civil action or proceeding in the manner provided in
section 2677 of title 28, the United States Code, and with the same
effect.
(e) For purposes of this section, the provisions of section 2680(h)
of title 28, United States Code, shall not apply to any tort enumerated
therein arising out of negligence in the furnishing of medical care or
related services, including the conducting of clinical studies or
investigations.
(f) The Secretary may, to the extent he deems appropriate, hold
harmless or provide liability insurance for any person to whom the
immunity provisions of subsection (a) of this section apply, for dam-
ages for personal injury, including death, negligently caused by any
such person while acting within the scope of his or her office or em-
ployment and as a result of the furnishing of medical care or related
services, including the conducting of clinical studies or investigations,
if such person is assigned to a foreign area or detailed for service withh,
other than a Federal agency or institution, or if the circumstances are
such as are likely to preclude the remedies of third persons against
the United States provided by sections 1346(b) and 2672 of title 28,
United States Code, for such damage or injury.
(g) For purposes of this section, any medical care or related service
covered by this section and performed abroad by a covered person at
the direction or with the approval of the United States chief of mission
or other principal representative of the United States in the area shall
be deemed to be within the scope of employment of the individual
performing the service.
SEC. 31. (a) The Secretary of State may authorize and assist in the
establishment, maintenance, and operation by civilian officers and
employees of the Government of non-Government-operated services
and facilities at posts abroad, including the furnishing of space, utili-
ties, and properties owned or leased by the Government for use by its
diplomatic, consular, and other missions and posts abroad. The pro-
visions of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292-
300) and section 13 of this Act may be utilized by the Secretary in
providing such assistance.
(b) The Secretary may establish and maintain emergency commis-
sary-or mess services in places abroad where, in the judgment of the
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Secretary, such services are necessary temporarily to insure the ef-
fective and efficient performance of official duties and responsibilities.
Reimbursements incident to the maintenance and operation of com-
missary or mess service under this subsection shall be at not less than
cost as determined by the Secretary and shall be used as working funds,
except that an amount equal to the amount expended for such services
shall be covered into the Treasury as miscellaneous receipts.
(c) Services and facilities established under this section shall be
made available, insofar as practicable, to officers and employees of all
agencies and their dependents who are stationed in the locality
abroad. Such services and facilities shall not be established in locali-
ties where another agency operates similar services or facilities unless
the Secretary determines that additional services or facilities are
necessary. Other agencies shall to the extent practicable avoid dupli-
cating the facilities and services provided or assisted by the Secretary
under this section.
(d) Charges at any post abroad for a service or facility provided,
authorized or assisted under this section shall be at the same rate for
,all civilian personnel of the Government serviced thereby, and all.{
charges for supplies. furnished to such a service or facility abroad by
any agency shall be at the same rate as that charged by the furnishing
agency to its comparable civilian services and facilities.
SFc. 30. The Secretary of State may pay, without regard to section
5700 of title 5, United States Code, subsistence expenses of (1) security
officers of the Department of State who are on authorized protective
missions, and (2) members of the Foreign Service and employees of
the Department who are required to spend extraordinary amounts of
time in travel status.
SEc. 33. This Act may be cited as the "State Department Basic
Authorities Act of 1956".
PEACE CORPS ACT
* * * * * *
TITLE I-THE PEACE CORPS
* * * * * * *
SEC. 5. (a) * * *
* * * * * * *
(f) (1) Any period of satisfactory service of a volunteer under this
Act shall be credited in connection with subsequent employment in the
same manner as a like period of civilian employment by the United
States Government-
(A) for th,e purposes of [section 852(a) (1) of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1092(a) (1) ),] section
816(a) of the Foreign Service Act of 1980 and every other Act
establishing a retirement system for civilian employees of any
United States Government agency; and
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(B) except as otherwise determined by the President, for the
purposes of determining seniority, reduction in force, and layoff
rights, leave entitlement, and other rights and privileges based
upon length of service under the laws administered by the Civil
Service Commission, the Foreign Service Act of [1946,] 1980, and
every other Act establishing or governing terms and conditions of
service of civilian employees of the United 'Shares Government :
Provided, That service of a volunteer shall not be credited toward
completion of any probationary or trial period or completion of
any service requirement for career appointment.
(h) Volunteers shall be deemed employees of the United States
Government for the purposes of the Federal Tort Claims Act and
any other Federal tort liability statute, the Federal Voting Assist-
ance Act of 1955 (5 U.S.C. 2171 et seq.), the Act of June 4, 1954,
chapter 264, section 4 (5 U.S.C. 73'b-75) , the Act of December 23,1944,
chapter 716, section 1, as amended (31 U.S.C. 492a), section 5584
of title 5, United States Code (and readjustment allowances paid
under this Act shall be considered as pay for purposes of such sec-
tion), and section 1 of the Act of June 4, 1920 (41 Stat. 750), as
amended (22 U.S.C. 214). The provisions of [section 1091 of the For-
eign Service Act of 1946,] section 30 of the State Department Basic
Authorities Act of .1956, relating to malpractice protection shall apply
to volunteers, and the [Director of ACTION] President shall have the
authority granted to the Secretary of State in subsection (f) of such
section. For purposes of subsection (g) of such section, a Peace Corps
representative shall be deemed to be a principal representative of the
United States.
* * * * * * *
SEC. 7. (a) (1) For the purpose of performing functions under
this Act outside the United States, the President may employ or as-
sign persons, or authorize the employment or assignment of officers
or employees of agencies of the United States Government [, who
shall receive compensation at any of the rates provided for persons
appointed to the Foreign Service Reserve and Staff under the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 eat seq.)] which are not
authorized to utilize the Foreign Serpice personnel system, who shall
receive compensation at any of the rates established under section 402
or 403 of the Foreign Service Act of 1980, together with allowances
and benefits thereunder; and persons so employed or assigned shall be
entitled, except to the extent that the President may specify otherwise
in cases in which the *period of the employment or assignment exceeds
thirty months, to the same benefits as are provided by section [528]
310 of that Aot for persons appointed to the Foreign Service [Reserve,
and the provisions of section 1005 of that Act shall apply in the case
of such persons, except that policymaking officials shall not be subject
to that part of section 1005 which prohibits political tests;].
[ (2) The President may utilize such authority contained in the For-
eign Service Act of 1946, as amended, relating to Foreign Service
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Reserve officers, Foreign Service staff officers and employees, alien
clerks and'employees, and other United States Government officers and
employees apart from Foreign Service officers as he deems necessary to
carry out functions under this Act; except that (A) no Foreign Serv-
ice Reserve or staff appointment or assignment tinder this paragraph
shall be for a period of'-nlore than five years unless the Director of
the Peace Corps, under special circumstances personally approves an
extension of not more than one year on an individual basis; and
(B) no person whose Foreign Service Reserve or staff appointment or
assignment under this paragraph has been terminated shall be reap-
pointed or reassigned under this paragraph before the expiration of
a period of time equal to his preceding tour of duty. Such provisions
of that Act as the President deems appropriate shall apply to per-
sons appointed or assigned under this paragraph, including in all
cases, the provisions of section 528 of that Act : Provided, however,
That the President may by regulation make exceptions to the applica-
tion of section 528 in cases in which the period of the appointment or
assignment exceeds thirty months : Provided further, That Foreign
Service Reserve officers appointed or assigned pursuant to this para-
graph shall receive within-class salary increases in accordance with
such regulations as the President may prescribe : Provided further,
That under such regulations as the President may prescribe persons
who are to perform duties of a more routine nature than are generally
performed by Foreign Service staff officers and employees of class 10
may be appointed to an unenumerated class of Foreign Service staff
officers and employees ranking below class 10 and be paid basic com-
pensation at rates lower than those of class 10; and]
(2) The President may utilize such authority contained in the For-
eign Service Act of 1980 relating to members of the Foreign Service
and other United States Government officers and employees as the
President deems necessary to carry out functions under this Act, except
that-
(A) no Foreign Service appointment or assignment under this
paragraph shall be for a period of more than five years unless the
Director of the Peace Corps, under special circumstances, person-
ally approves an extension of not more than one year on an indi-
vidual basis; and
(B) no individual whose Foreign Service appointment or
assignment under this paragraph has been terminated shall be
reappointed or reassigned under this paragraph before the expi-
ration of a period of time equal to the preceding tour of duty of
that individual.
Such provisions of the Foreign Service Act of 1980 as the President
deems appropriate shall apply to individuals appointed or assigned
under this paragraph, including in all cases, the provisions of section
310 of that Act, except that (i) the President may'
ay by regulation make
exceptions to the application of section 310 in cases in which the period
of the appointment or assignment exceeds thirty months, (ii) members
of the Foreign Service appointed or assigned pursuant to this para-
graph shall receive within-class salary increases is accordance with
such regulations as the President may prescribe, and (iii) under such
regulations as the President may prescribe, individuals who are to
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297
perform duties of a more routine nature than are generally performed
by members of the Foreign Service assigned to the lowest class of the
Foreign Service Schedule may be appointed to an unenu.merated class
ranking below the lowest class of the Foreign Service Schedule and
be paid basic compensation at rates lower than those of the lowest
class, except that such rates may be no less than the then applicable
minimum wage rate specified in section 6(a) (1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a) (1)).
* * * * * * s
(4) [Until such time as the Congress enacts Foreign Service
personnel reform legislation which amends or otherwise supersedes
this paragraph, a person who has received a Foreign Service Reserve
or staff appointment or assignment under this subsection may, not
later than three years after the effective date of this paragraph or] An
individual who has received an appointment or assignment in the For-
eign Service under this subsection may, not later than September 30,
1982, or three years after separation from such appointment or assign-
ment, whichever is later, be appointed to a position in any United
States department, agency, or establishment-
(A) in the competitive service under title 5, United States
Code, without competitive examination and in accordance with
such regulations and conditions consistent with this subsection
as may be prescribed by the Director of the Office of Personnel
Management, or
(B) in an established merit system in the excepted service,
if such [person] individual (i) served satisfactorily under the author-
ity of this subsection, as certified by the President, for not less than
thirty-six months on a [substantially] continuous basis without a
break in service of more than three days, and (ii) is qualified for the
position in question.
[(b) The President is authorized to prescribe by regulation seand-
ards or other criteria for maintaining adequate performance levels for
persons appointed or assigned for the purpose of performing func-
tions under this Act outside the United States pursuant to subsection
(a) (2) of this section and section 527(c) (2) of the Mutual Security
Act of 1954, as amended, and may, notwithstanding any other law,
separate persons who fail to meet such standards or other criteria, and
also may grant such persons severance benefits of one month's salary
for each year of service, but not to exceed one year's salary at the
then current salary rate of such persons.]
SEC. 13. (a) Experts and consultants or organizations thereof may,
as authorized by Section 3109 of title 5, United States Code, be em-
ployed by the President for the performance of functions under this
Act, and individuals so employed may be compensated at rates not
in excess of the per diem equivalent of the highest rate payable under
section 5332 of title 5, United States Code, and while away from their
homes or regular places of business, they may be paid actual travel
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208
bl bed in the Standardized Travel
Regulations, as amended from time to time, while, so employed: Pro-
employment may (b) Service of an individual as a member of the authorized
considered employ-
ment or holding office or osition bringing 'n such individual within
the provisions of sections 3323(b) and 8344 of title 5, United States
Code, [section 872 of the Foreign Service Act of 1946,as amended]
section 8~ the Forei Service Act o1980 or an other law limit-
ing the TeABDIployment of retired offioers or employees or governing the
simultaneous receipt o compensation an pay or annul.
subject to section5532 of title 5, United o e.
DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS AND INTERNATIONAL
ORGANIZATIONS
ment under subsection of purposes 'otherwise officer of agency (1) to serve with, or as a member of, government.
of this Act, the head
SEC. 14,
de-
tail , assign, or oma e avaia e any the
any emp oyee o international organizitition, or (2) to any office or position to which
no compensation is attached with any overnment or agency
thereof : Provided That such acceptance of such office or position shall
in no case involve the taking of an oath o a egiance to another
(b) Any such officer or employee, while so detailed or assigned, shall
considered, for the purpose of preserving his allowances, privileges,
ri senioritand other benefits as such, an o cer or emp oyee o
the United States Government and of the agency of the United States
assigned, shall
Government from which detailed or and he sha continue to
receive compensation, allowances, and benefits rom un
b this Act. He may also receive, under such regulations as the Presi-
ent may prescribe, representation allowances similar to tose a owe
fits funds under [section 901 of the Foreign Service Act of 1946, (22 U.S.C.
authoriza-
on of such allowances and other ne and tpayment thereof
tion the h f
out of an riations available therefor, shall be considered as
any appropriations available therefor, Shall be considered as
meeting all of the requirements of section 5536 of title 5, United UTILIZATION OF FUNDS
compensation, United States the ze e ?t
SEC. 15. a Funds made available for the purposes of this Act may
be used for callowances and travel o emp oyees, incu -
ing members o f the Foreign Service [personnel] whose services are
bind-
ing without regard to the provisions of any other law, and for expendi-
tures outside the or tiprocurement o supp es an
services and for other administrative and operating purposes (other
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than compensation of employees) without regard to such laws and
regulations governing the obligation and expenditure of Government
funds ,as may be necessary to accomplish the purposes of this Act.
FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
SEC. 625. EMPLOYMENT OF. PERSONNEL.-(a)
* * * * * * *
[(d) For the purposes of performing functions under this Act out-
side the United States the President may-
[ (1) employ or assign persons, or authorize the employment or
assignment of officers or employees by agencies of the United
States Government, who shall receive compensation at any of the
rates provided for the Foreign Service Reserve and Staff by the
Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.),
together with allowances and benefits thereunder; and persons
so employed or assigned shall be entitled, except to the extent that
the President may specify otherwise in cases in which the period
of employment or assignment exceeds thirty months, to the same
benefits as are provided by section 528 of that Act for persons ap-
pointed to the Foreign Service Reserve, and the provisions of sec-
tion 1005 of that Act shall apply in the case of such persons, except
that policy-making officials shall not be subject to that part of
section 1005 of that Act which prohibits political tests; and
[(2) utilize such authority, including authority to appoint and
assign personnel for the duration of operations under this Act,
contained in the Foreign Service Act of 1946, .as amended, as the
President deems necessary to carry out functions under this Act;
and such provisions of the Foreign Service Act of 1946, as
amended, as the President deems appropriate shall apply to per-
sonnel appointed or assigned under this paragraph, including in
all cases the provisions of section 528 of that Act: Provided, how-
ever, That the President may by regulation make exceptions to
the application of section 528 in cases in which the period of the
appointment or assignment exceeds thirty months: Provided fur-
ther, That Foreign Service Reserve officers appointed or assigned
pursuant to this paragraph shall receive within-class salary in-
creases in accordance with such regulations as the President may
prescribe: Provided further, That, whenever the President deter-
mines it to be important for the purposes of this Act, the President
may initially assign personnel under this paragraph for duty
within the United States for a period not to exceed two years for
the purpose of preparation for assignment outside the United
States.]
(d) For the purpose of performing functions-under this Act outside
the United States, the. President may employ or assign individuals,
or nuiy: authorize the employment or assignment of officers or em-
ployees by agencies of the" United States Government which are not
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authorized to utilize the Foreign Service personnel system, who shall
receive compensation at any of the rates provided for under section
402 or section 403 of the Foreign Service Act of 1980, together with
allowances and benefits under that Act. Individuals so employed or
assigned shall be entitled, except to the extent that the President may
specify otherwise in cases in which the period of employment or as-
signment exceeds thirty months, to the same benefits as are provided
by section 310 of that Act for individuals appointed to the Foreign
Service.
[(e) The President is authorized to prescribe by regulation stand-
ards or other criteria for maintaining adequate performance levels for
personnel appointed or assigned pursuant to paragraph (2.) of sub-
section (d) of this section and section 527(c) (2) of the Mutual Se-
curity Act of 1954, as amended, and may, notwithstanding any other
law, but subject to an appropriate administrative appeal, separate
employees who fail to meet such standards or other criteria, and also
may grant such personnel severance benefits of one month's salary for
each year's service, but not to exceed one year's salary at the then
current salary rate of such personnel.]
[(g)' The principles regarding foreign language competence set
forth in section 578 of the Foreign Service Act of 1946, as amended (22
U.S.C. 801). shall be applicable to personnel carrying out functions
under this Act and the Secretary of State shall make appropriate
designations and standards for such personnel.]
* * * * * *
E (j) The President may appoint or assign a United States citizen
to be representative of the United States to the Inter-American Com-
mittee on the Alliance for Progress and, in his discretion, may ter-
minate such appointment or assignment, notwithstanding any other
provision of law. Such person may be compensated at a rate not to
exceed that authorized for a chief of mi,3sion, class 2, within the mean-
in of the Foreign Service Act of 1946, as amended.
J (k) 7 (1) In accordance with such regulations as the President may
prescribe, the following categories of personnel who serve in the agency
primarily responsible for administering part I of this Act shall become
participants in the Foreign Service Retirement and Disability System :
[(A) persons serving under unlimited appointments in em-
ployment subject to subsection (d) (2) of this section as Foreign
Service Reserve officers and as Foreign Service staff officers and
employees; and
[(B) a person serving in a position to which he was appointed
by the President, whether with or without the advice and consent
of the Senate, if (i) such person shall have served previously
under an unlimited appointment pursuant to such subsection
(d) (2) or a comparable provision of predecessor legislation to
this Act, and (ii) following service specified in clause (i) of this
subparagraph, such person shall have served continuously with
such agency or its predecessor agencies only in positions estab-
lished under the authority of sections 624 (a) and 631(b) or com-
parable provisions of predecessor legislation to this Act..
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[(2) Upon becoming a participant in the Foreign Service Retire-
ment and Disability System any such officer or employee shall make
a special contribution to the Foreign Service Retirement and Dis-
ability Fund in accordance with the provisions of section 852 of the
Foreign Service Act of 1946, as amended. Thereafter, compulsory
contributions will be made with respect to each such participating
officer or employee in accordance with the provisions of section 811
of the Foreign Service Act of 1946, as amended.
[(3) The provisions of section 636 and title VIII of the Foreign
Service Act of 1946, as amended, shall apply to participation in the
Foreign Service Retirement and Disability System by any such officer
or employee.
[(4) If an officer who becomes a participant in the Foreign Service
Retirement and Disability System under paragraph (1) of this sub-
section is appointed by the President, by and with the advice and
consent of the Senate, or by the President alone, to a position in any
agency of the United States Government, any United States delega-
tion or mission to any international organization, in any international
commission, or in any international body, such officer shall not, by vir-
tue of the acceptance of such an appointment, lose his status as a par-
ticipant in the system.
[(5) Any such officer or employee who becomes a participant in the
Foreign Service Retirement and Disability System under paragraph
(1) of this subsection shall be inandatorily retired (A) at the end
of the month in which he reaches age seventy, or (B) earlier if, during
the third year after the effective date of this subsection, he attains
age sixty-four or if he is over age sixty-four; during the fourth year
at age sixty-three; during the fifth year at age sixty-two; during the
sixth year at age sixty-one; and thereafter at the end of the month
in which he reaches age sixty. However, no participant shall be man-
datorily retired under this paragraph while serving in a position to
which appointed by the President, by and with the advice and consent
of the Senate. Any participant who completes a period of authorized
service after reaching the mandatory retirement age specified in this
paragraph shall be retired at the end of the month in which such
service is completed.
[ (6) Whenever the President deems it to be in the public interest, he
may extend any participant's service for a period not to exceed five
years after the mandatory retirement date of such officer or employee.
[(7) This subsection shall become effective on the first day of the
first month which begins more than one year after the date of its en-
actment, except that any officer or employee who, before such effective
date, meets the requirements for participation in the Foreign Service
? Retirement and Disability System under paragraph (1) of this sub-
section may elect to become a participant before the effective date of
this subsection. Such officer or employee shall bcome a participant
on the first day of the second month following the date of his applica-
tion for earlier participation. Any officer or employee who becomes a
participant in the system under the provisions of paragraph (1) of
this subsection, who is age fifty-seven or over on the effective date of
this subsection, may retire voluntarily at any time before mandatory
retirement under paragraph (5) of this subsection and receive re~tire-
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ment benefits under section 821 of the Foreign Service Act of 1946, as
amended.
[(8) Any officer or employee who is separated for cause while a par-
ticipant in the Foreign Service Retirement and Disability System
pursuant to this subsection, shall be entitled to benefits in accordance
with section 637 (b) and (d) of the Foreign Service Act of 1946, as
amended. The provisions of subse^tion (e) of this section shall apply
to participants in lieu of the provisions of sections 633 and 634 of the
Foreign Service Act of 1946, as amended.]
SEC. 629. STATUS OF PERSONNEL I7ETAii.En.-(a) Any officer or
employee, while assigned or detailed under section 627 or 628 of this
Act, shall be considered, for the purpose of preserving his allowances,
privileges, rights, seniority, and other benefits as such, an officer or
employee of the United States Government and of the agency of the
United States Government from which detailed or assigned, and he
shall continue to receive compensation, allowances, and benefits from
funds appropriated to that agency or made available to that agency
under this Act.
(b) Any officer or employee assigned, detailed, or appointed under
section 627, 628, 631, or 624(d) of this Act is authorized to receive
under such regulations as the President may prescribe, representation
allowances similar to those allowed under [section 901 of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1131)] section 905 of the
Foreign Service Act of 1980. The authorization of such allowances
and other benefits and the payment thereof out of any appropriations
available therefor shall be considered as meeting all the requirements
of section 5536 of title 5 of the United States Code.
* * * * * * *
SEC. 631. MISSIONS AND STAFFS ABROAD.-(a) The President may
maintain special missions or staffs outside the United States in such
countries and for such periods of time as may be necessary to carry
out the purposes of this Act. Each such special mission or staff shall
be under the direction of a chief.
(b) The chief and his deputy of each special mission or staff carry-
ing out the purposes of part I shall be appointed by the President,
and may, notwithstanding any other law, be removed by the Presi-
dent at his discretion. [Such chief shall be entitled to receive (1) in
cases approved by the President, the same compensation and allow-
ances as a chief of mission, class 3, or a chief of mission, class 4, within
the meaning of the Foreign Service Act of 1946, as amended, or (2)
compensation and allowances in accordance with section 625(d), as
the President shall determine to be appropriate.] Such chief shall be
entitled to receive such compensation and allowances as are authorized
by the Foreign Service Act of 1980, not to exceed those authorized for
a chief of mission (as defined in section 102(a) (3) of that Act), as
the President shall determine to" be appropriate.
(c) The President may appoint any United States citizen who is
not an employee of the United States Government or may assign any
United States citizen who is a United States Government employee to
serve as Chairman of the Development Assistance Committee or any
successor committee thereto of the Organization for Economic Coop-
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eration and Development upon election thereto by members of said
Committee, and, in his discretion, may terminate such appointment or
assignment, notwithstanding any other provision of law. [Such per-
son may receive such compensation and allowances as are authorized
by the Foreign Service Act of 1946, as amended, not to exceed those
authorized for a chief of mission, class 2, within the meaning of said
Act, as the President may determine.] Such person may receive such
compensation and allowances as are authorized by the Foreign Service
Act of 1980, not to exceed those authorized for a chief of mission (as
defined in section 102(a) (3) of that Act), as the President shall deter-
mine to be appropriate. Such person may also, in the President's dis-
cretion, receive any other benefits and perquisites available under
this Act to chiefs of special missions or staffs outside the United States
established under this section.
ARMS CONTROL AND DISARMAMENT ACT
[FOREIGN SERVICE RESERVE AND STAFF OFFICERS
[SEC. 42. The Secretary of State may authorize the Director to
exercise, with respect to Foreign Service Reserve officers and Foreign
Service Staff officers and employees appointed or employed for the
Agency, the following authority : (1) The authority available to the
Secretary of State under the Foreign Service Act of 1946, as amended,
(2) the authority available to the Secretary under any other provision
of law pertaining specifically, or generally applicable, to such officers
or employees, and (3) the authority of the Board of Foreign Service
pursuant to the Foreign Service Act of 1946, as amended.]
SEC. 42. (a) The Secretary of State many authorize the Director to
exercise, with respect to members of the Foreign Service appointed or
employed for the Agency-
(1) the authority available to the Secretary under the Foreign
Service Act of 1980, and
(2) the authority available to the Secretary under any other
provisions of law pertaining specifically or applicable generally
to members of the Foreign Service.
(b) Limited appointments of members of the Foreign Service for
the Agency may be extended or renewed, notwithstanding section 309
of the Foreign Service Act of 1980, so long as the service of the indi-
vidual under such appointment does not exceed ten consecutive years
without a break in service of at least one year.
SEC. 48. Appropriations made to the Director for the purposes of
this Act, and transfers of funds to him by other Government agencies
for such purposes, shall be available to him to exercise any authority
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granted him by this Act, including, without limitation, expenses of
printing and binding without regard to the provisions of section 11
of the Act of March 1, 1919 (44 U.S.C. 111) ; purchase or hire of one
passenger motor vehicle for the official use of the Director without
regard to the limitations contained in section 78(c) of title 5 of the
United States Code; entertainment and official courtesies to the extent
authorized by appropriation; expenditures for training and study;
expenditures in connection with participation in international con-
ferences for the purposes of this Act; and expenses in connection with
travel of personnel outside the United States, including trans-
portation expenses of dependents, household goods, and personal
effects, and expenses authorized by the Foreign Service Act of [1946,
as amended,] 1980 not otherwise provided for.
* * * * * * *
FOREIGN RELATIONS AUTHORIZATION ACT,
FISCAL YEAR 1979.
TITLE IV-FOREIGN SERVICE AND
OTHER PERSONNEL
[EMPLOYMENT OF FAMILY MEMBERS OVERSEAS
[SEC. 401. (a) In order to expand employment opportunities for
family members of the United States Government personnel assigned
abroad, the President shall-
[ (1) seek to conclude such bilateral and multilateral agreements
as will facilitate the employment of such family members in for-
eign economies; and
[(2) direct that at any United States post abroad where a qual-
ified family member is available to be hired, consideration shall
be given, when continuity over a long term is not a significant
consideration, to converting a vacant alien position to an Amer-
ican position for staffing by that family member.
[(b) (1) The section heading of section 444 of the Foreign Service
Act of 1946 (22 U.S.C. 889) is amended to read as follows : "LOCAL COM-
PENSATION PLANS".
[(2) Subsection (a) (1) of such section is amended to read as fol-
lows:
V (a) (1) The Secretary shall, in accordance with such regulations
as he may prescribe, establish compensation plans for alien employees
of the Service and for United States citizens employed by the Depart-
ment abroad who are family members of Government personnel serv-
ing in the same country. Such compensation plans shall be based upon
prevailing wage rates and compensation practices for corresponding
types of positions in the locality, to the extent consistent with the pub-
lic interest. Compensation plans established pursuant to this section
may include provision for leave of absence with pay for alien em-
ployees in accordance with prevailing law and employment practices
in the locality of employment, without regard to section 6310 of title
5, United States Code.".
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216
[(3) Subsection (b) of such section is amended by striking out
"alien employee programs" and inserting in lieu thereof "employment
programs for aliens, and for family members of Government personnel
serving abroad,".
[(4) Such section is further amended by adding at the end thereof
the following new subsection :
[".(d) The Secretary of State shall prescribe regulations author-
izing the employment abroad, and providing for the compensation of
family members of Government personnel.".
[(c) Not later than January 20, 1979, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate a re-
port describing fully and completely the actions taken by the Depart-
ment of State pursuant to this section and section 413 of the Foreign
Relations Authorization Act, Fiscal Year 1978.]
* * * * * *
[REVIEW OF FOREIGN SERVICE PERSONNEL REQUIREMENTS AND
COMPENSATION
[SEC. 413. (a) The Congress finds that-
[ (1) since 1960,. the United States has expanded its diplomatic
representation -abroad from approximately eighty countries to
approximately one hundred and thirty countries;
[(2) despite such expanded responsibilities, and despite a sig-
nificantly increased consular workload in all countries in which
the United States is represented, the total number of personnel of
the Department of State has remained approximately the same;
and
[(3) although the responsibilities and necessary qualifications
for individual Foreign Service positions continue to change,
compensation for Foreign Service personnel continues to be linked
to compensation for General Schedule employees at a level estab-
lished years ago.
[(.b) It is therefore the sense of the Congress that the Secretary of
State should conduct a thorough review of the personnel needs of the
Foreign Service and of the suitability. of the current compensation
system.
[(c) Not later than January 20, 1979, the Secretary of State shall
transmit to the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations of the Senate a
report setting forth fully and completely-
(1) the results of such review ; and
[ (2) such recommendations.as the.Seeretary finds appropriate.]
* * * * * *
SECTION 413 OF THE FOREIGN RELATIONS AUTHORI-
ZATION ACT, FISCAL YEAR 1978
[EMPLOYMENT OF FOREIGN SERVICE SPOUSES
[SEC. 413. (a) The Secretary of State shall, when employing persons
to fill jobs outside the United States to which career Foreign Service
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personnel are not customarily assigned, including temporary and
local hire jobs, give equal consideration to employing qualified family
members of United States Government employees (including family
members of Foreign Service personnel) assigned to duties outside the
United States. Such employment may not be used to avoid fulfilling
the need for fulltime career positions.
[(b) To facilitate the employment by the Department of State, or
by other employers, of the spouses of Foreign Service personnel, the
Secretary may-
[(1) provide regular career counseling for such spouses;
[(2) maintain a centralized system for cataloging their skills
and the various, governmental and nongovernmental, overseas
employment opportunities available to such spouses; and
[(3) otherwise assist such spouses in obtaining overseas
employment.
[(c) Any member of a family of Foreign Service personnel may ac-
cept gainful employment in a foreign country unless such
employment-
[(1) would violate any law of such country or of the United
States ; or
[(2) Could, as certified in writing by the Chief of the United
States Diplomatic Mission in such country, damage the interest of
the United States.
[(d) Not later than January 1, 1978, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate a
report on actions the Department of State has taken to carry out the
provisions of this section.]
FOREIGN RELATIONS AUTHORIZATION ACT,
FISCAL YEAR 1977
TITLE I-STATE DEPARTMENT
* * * * * * *
STATE DEPARTMENT/UNITED STATES INFORMATION AGENCY PERSONNEL
SYSTEM
[SEC. 117. It is the sense of Congress that the proliferation of per-
sonnel categories within the State Department and the United States
Information Agency (the several categories being characterized by
various standards for hiring, tenure, and pay) has resulted in a per-
sonnel system susceptible to inefficiency, inequity, and abuse. Therefore,
within one hundred and eighty days of the enactment of this Act, the
Secretary of State shall transmit to Congress a comprehensive plan for
the improvement and simplification of this system, such plan to include
a reduction in the number of personnel categories, and proposed legis-
lation if necessary.]
* * * * * * *
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[APPOINTMENT OF AMBASSADORS
[SEC. 120. It is the sense of the Congress that a greater number of
positions of ambassador should be occupied by career personnel in the
Foreign Service.]
* * * * * * *
TITLE V-FOREIGN SERVICE RETIREMENT
[CONVERSION TO FOREIGN SERVICE RETIREMENT SYSTEM
[SEC. 522. (a) In accordance with such regulations as the President
may prescribe, all Foreign Service staff officers and employees with
unlimited appointments who (1) have been appointed by the Secretary
of State or the Director, United States Information Agency, and (2)
are participants in the Civil Service Retirement and Disability System
on the effective date of this section, shall be transferred to the Foreign
Service Retirement and Disabiltiy System effective on such date. Their
retirement contributions shall be transferred in accordance with sec-
tion 811 of the Foreign Service Act of 1946, as amended by this title.
[(b) Mandatory retirement at age sixty as prescribed in section 632
of the Foreign Service Act of 1946, as amended by this title, shall not
apply to any Foreign Service staff officer or employee who becomes a
participant in the Foreign Service Retirement and Disability System
pursuant to subsection (a) of this section until such officer or employee
completes ten years of continuous service in the Foreign Service exclu-
sive of military service, in the Department of State or ten years of such
continuous service in the United States Information Agency.
[(c) Any Foreign Service staff officer or employee who becomes a
participant in the Foreign Service Retirement and Disability System
pursuant to subsection (a) of this section who is age fifty-seven or over
on the effective date of this section may retire voluntarily at any time
prior to mandatory retirement and receive retirement benefits under
section 821 of the Foreign Service Act of 1946, as amended by this title.
[(d) Section 9(b) of the Act of August 20, 1968 (82 Stat. 812), is
repealed on the effective date of this section.]
* * * * * * *
SECTION 6 OF THE DEPARTMENT OF STATE APPRO-
PRIATIONS AUTHORIZATION ACT OF 1973
[AMBASSADORS AND MINISTERS
[SEC. 6. From and after the date of enactment of this Act, each
person appointed by the President as ambassador or minister shall, at
the time of his nomination, file with the Committee on Foreign Rela-
tions of the Senate and the Speaker of the House of Representatives
a report of contributions made by such person and by members of his
immediate family during the period beginning on the first day of the
fourth calendar year preceding the calendar year of his nomination
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and ending on the date of his nomination, which report shall be veri-
fied by the oath or affirmation of such person, taken before any officer
authorized to administer oaths. The Chairman of the Committee on
Foreign Relations of the Senate shall have printed in the Congres-
ional Record each such report. As used in this section, the terns "con-
tribution" has the same meaning given such term by section 301 (e) of
the Federal Election Campaign Act of 1971, and the term "immediate
family" means a person's spouse, and any child, parent, grandparent,
brother, or sister of such person and the spouses of any of them.]
THE ACT OF AUGUST 20, 1968
[AN ACT To promote the foreign policy of the United States by strengthen-
ing and improving the Foreign Service personnel system of the International
'Communication Agency through establishment of a Foreign Service Information
Officer Corps.
[Be it enacted by the Senate and House of Representatives of the
United States of I merica in Congress assembled, That there is hereby
established a category of officers of the International Communication
Agency (hereinafter referred to as "the Agency") to be known as
Foreign Service information officers.
[STATEMENT OF POLICY
[SEC. 2. It is the sense of the Congress that the establishment of a
permanent career service for officers of the Agency who serve our
country throughout the world in a vital function of the foreign rela-
tions of the United States is essential to enable the Director of the
International Communication Agency (hereinafter referred to as
"the Director") to carry out effectively such functions and responsi-
Ibilities assigned to the Agency.
i
[STATEMENT OF PURPOSES
[SEC. 3. The Congress of the United States hereby declares that the
purposes of this Act are-
[(a) to provide a statutory basis necessary for a worldwide
career officer personnel system designed to meet the continuing
needs of both the Agency and those qualified citizens who shall
serve as Foreign Service information officers in this vital activity;
[(b) to give the Director the full range of personnel authority
necessary to establish and administer the Foreign Service Infor-
mation Officer Corps ;
[(c) to regularize the personnel system of the Agency by estab-
lishing a career service in which qualified Foreign Service infor-
mation officers may be recruited, trained, and serve;
[(d) to assure maximum efficiency and flexibility in the utiliza-
tion of the talents of Foreign Service information officers; and
[(e) to accord Foreign Service information officers the same
rights and perquisites and to subject them to the same stringent
judgment of performance as Foreign Service officers employed
under the provisions of. the Foreign Service Act of 1946, as
amended.
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[AUTHORITY OF THE DIRECTOR
[SEC. 4. Foreign Service information officers, Foreign Service
Reserve officers, Foreign Service staff officers and employees, and alien
clerks and employees of the Agency shall be under the direction and
authority of the Director. Authority available to the Secretary of State
with respect to Foreign Service officers, Foreign Service Reserve offi-
cers. Foreign Service staff officers and employees, or alien clerks and
employees of the Department of State shall be available on the same
basis to the Director with respect to Foreign Service information offi-
cers, Foreign Service Reserve officers, Foreign Service staff officers and
employees, and alien clerks and employees of the Agency, except as
provided in section 11 of this Act.
[POLICIES AND REGULATIONS
[SEC. 5. The Foreign Service information officer personnel system
shall be compatible with the Foreign Service officer personnel system.
Toward this end, the Director with respect to the. Foreign Service
information officer personnel system and the Secretary of State with
respect to the Foreign Service officer personnel system, after consulta-
tion with such officials as the President may determine,. shall promul-
gate policies and regulations governing such systems. Both systems
shall be administered, to the extent practicable, in conformity with
general policies and regulations of the Federal Government issued in
accordance with law.
[APPOINTMENT AND ASSIGNMENT
[SEC. 6. (a) Subject to section 4, Foreign Service information offi-
cers shall be appointed and assigned at classes and salaries, and in ac-
cordance with requirements and procedures, which correspond to those
classes, salaries, requirements, and procedures, except with regard
to career ambassadors, prescribed by sections 412,413,421,422,431 (c),
432, 441, 500, 501(b), 502(b), 511, 514 through 520, 571 through 575,
and 578 of the Foreign Service Act of 1946, as amended.
[(b) The President shall, by and with the advice and consent of the
Senate, appoint Career Ministers for Information.
[(c) The Secretary of State may, upon request of the Director, fur-
nish the President with the names of Foreign Service information offi-
cers qualified for appointment to the class of Career Minister for Infor-
mation, together with pertinent information about such officers, but
no person shall be appointed into the class of Career Minister for
Information who has not been appointed to serve in an Embassy as a
Minister for Public Affairs or appointed or assigned to serve in a posi-
tion which, in the opinion of the Director, is of comparable importance,
A list of such positions shall from time to time be published by the
Director.
.[(d) The per annum salary of a Career Minister for Information
shall be the same as that provided by section 412 of the Foreign Service
Act of 1946, as amended, for the class of Career Minister.
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[PROMOTION
[SEC. 7. Foreign Service information officers shall be promoted in
accordance with the provisions of sections 621 through 623, and 626 of
the Foreign Service Act of 1946, as amended, and shall receive within-
class salary increases in accordance with section 625 of such Act.
[SEPARATION AND RETIREMENT
[SEC. 8. Foreign Service information officers shall be separated and
retired in accordance with sections 631 through 637 of the Foreign
Service Act of 1946, as amended.
[PARTICIPATION IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY
SYSTEM
[SEC. 9. (a) Foreign Service information officers shall be par-
ticipants in and entitled to the benefits of the Foreign Service retire-
ment and disability system under title VIII of the Foreign Service
Act of 1946, as amended, on the same basis as Foreign Service officers.
Any such Foreign Service information officer who becomes a par-
ticipant in such system shall make contributions to the Foreign Serv-
ice retirement and disability fund on the same basis as Foreign
Service officers.
;[(c) Any such officer or employees who, under the provisions of
paragraph (b) of this section, becomes a participant in the Foreign
Service retirement and disability system, shall be mandatorily re-
tired for age during the third year after the effective date of that
paragraph if he attains age sixty-four or if he is over age sixty-four;
during the fourth year at age sixty-three; during the fifth year at
age sixty-two; during the sixth year at age sixty-one, and thereafter
at age sixty.
((d) Any officer or employee who becomes a participant in the
Foreign Service retirement and disability system under the provi-
sions of paragraph (b) of this section who is age fifty-seven or over
on the effective date of that paragraph, may retire voluntarily at any
time before mandatory retirement under paragraph (c) of this sec-
tion and receive retirement benefits under section 821 of the Foreign
Service Act of 1946, as amended.
[(e) The provisions of paragraph (b) of this section becomes effec-
tive on the first day of the first month which begins more than one
year after the date of enactment of this Act, except that any Foreign
Service Staff officer or employee, who at the time this Act becomes
effective meets the requirements for participation in the Foreign Serv-
ice retirement and disability system, may elect to become a participant
in the system before the mandatory provisions become effective. Some
Foreign Service Staff officers and employees shall become participants
effective on the first day of the second month following the date of
their application for earlier participation.
-[OTHER APPLICABLE PROVISIONS OF LAW
[SEC. 10. All provisions of the Foreign Service Act of 1946 or of
my other law, which apply to Foreign Service officers, Foreign Service
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Reserve officers, Foreign Service staff officers and employees, or alien
clerks and employees of the Department of State and which are not
referred to in sections 6 through 9 of this Act, shall be applicable to
Foreign Service information officers, Foreign Service Reserve officers,
Foreign Service staff officers and employees, or alien clerks and
? employees, as the case may be, of the Agency.
[COMMISSIONING AND ASSIGNMENT AS DIPLOMATIC AND CONSULAR
OFFICERS
?[SEC.11. (a) The Secretary of State may, upon request of the Direc-
tor, recommend to the President that Foreign Service information
officers or Foreign Service Reserve officers of the Agency be commis-
sioned as diplomatic or consular officers, or both, in accordance with
section 512 or 524 of the Foreign Service Act of 1946.
.1(b) The Secretary of State may, upon request of the Director,
assign Foreign Service information officers or Foreign Service Reserve
officers of the Agency, commissioned as diplomatic or consular officers,
to serve under such commissions in accordance with sections 512 and
514 or section 524 of the Foreign Service Act of 1946.
[INTERPRETATION AND CONSTRUCTION
:[SEC. 12. For the purposes of this Act the term "Foreign Service
officer" when used in the Foreign Service Act of 1946, as amended, or
in any other provision of law shall be construed to mean "Foreign
Service information officer" and the term "Secretary of State" when
used with respect to authorities applicable to Foreign Service officers
shall be construed to mean the Director of the Internal Communica-
tion Agency with respect to Foreign Service information officers.
[TRANSFER OF AGENCY FOREIGN SERVICE OFFICERS TO FOREIGN SERVICE
INFORMATION OFFICER STATUS
[SEC. 13. Agency Foreign Service officers on active service on the
effective date of this Act shall, by virtue of this Act, be transferred
from the classes in which they are serving on such date to the compar-
able salaries and classes of Foreign Service information officers estab-
lished by this Act. Service in the former class shall be considered as
constituting service in the new class for the purposes of determining
(1) eligibility for promotion, in accordance with the provisions of
section 622, (2) liability for separation, in accordance with the pro-
visions of section 633, (3) continuation of probationary status pur-
suant to section 635, and (4) credit for time served toward in-class
promotion in accordance with section 625.
[VETERANS' PREFERENCE
.[SEC. 14. Notwithstanding the provisions of section 3320 of title 5
of the United States Code, the fact that any applicant is a veteran
or disabled veteran, as defined in section 2108 (1) or (2) of such title,
shall be taken into consideration as an affirmative factor in the selec-
tion of applicants for initial appointment as Foreign Service officers
or Foreign Service information officers.
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[TENURE OF FOREIGN SERVICE RESERVE OFFICERS
[SEC. 15. (a) Any officer appointed as a Foreign Service Reserve
officer after the date of enactment of this Act may serve as such for
not more than five years. During such period (no sooner than the
expiration of the third year but no later than the expiration of the
fifth year) such Foreign Service Reserve officer shall be appointed as
a Foreign Service officer, Foreign Service Information officer, For-
eign Service Reserve officer with unlimited tenure, Foreign Service
Staff officer, or shall be terminated as a Foreign Service Reserve
officer.
[(b) Notwithstanding the provisions of sections 522 and 527 of the
Foreign Service Act of 1946, as amended, an appointment of any
Foreign. Service Reserve officer existing on the date of enactment of
this Act, may be extended, but not beyond the expiration of the five-
year period beginning on such date of enactment.
[RETIREMENT AND SEPARATION OF. FOREIGN SERVICE RESERVE OFFICERS
[SEC. 16. (a) In accordance with such regulations as the President
may prescribe, any Foreign Service Reserve officer with unlimited
tenure shall become a participant in the Foreign Service retirement and
disability system and shall make a special contribution to the Foreign
Service Retirement and Disability Fund in accordance with the pro-
visions of section 852 of the"Foreign Service Act of 1946, as amended.
Beginning on the date of enactment of this Act, any Reserve. officer
referred to in the preceding sentence shall be mandatorily retired for
nge in accordance with the provisions of subsections (c) and (d) of
section 9 of this Act.
[(b) The provisions of sections 633 and 634 of the Foreign Service
Act of 1946, as amended, shall apply to Foreign Service Reserve offi-
cers with unlimited tenure.
[PRESENT FOREIGN SERVICE RESERVE OFFICERS
[SEC. 17. Any Foreign Service Reserve officer appointed before the
date of enactment of this Act who has completed at least three years
of continuous and satisfactory service as such on such date of enact-
ment, or who will have completed at least three years of such service
before the expiration of the three-year period beginning on such date
of enactment, may be appointed as a Foreign Service Reserve officer
with unlimited tenure.
[LIMITATION ON EXTENSION OF FOREIGN SERVICE RESERVE OFFICER
APPOINTMENTS
[SEC. 18. Paragraph (3) of section 522 of the Foreign Service Act
of 1946, as amended, is amended by inserting immediately before the
period at the end thereof the following: "; except that the authority
contained in this paragraph relating to extending. the appointment
of any Reserve officer, and to continuing the services of any such
Reserve officer by reappointment, shall not be applicable to the Depart-
ment of State.and the United States Information Agency".
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(EXCLUSION OF CERTAIN AGENCIES
[SEC. 19. The provisions of sections 15, 16, and 17 of this Act shall
not apply to officers and employees of the Agency for International
Development, the Peace Corps, and the Arms Control and Disarma-
ment Agency.]
SECTION 124 OF THE INTERNATIONAL DEVELOPMENT
AND FOOD ASSISTANCE ACT OF 1977
INSPECTOR GENERAL, FOREIGN ASSISTANCE
SEC. 124. (a) (1) * * *
[(2) The President (A) may assign to the Inspector General, For-
eign Service, any of the duties and responsibilities vested by such
section 624(d) in the Inspector General, Foreign Assistance, and (B)
may authorize the Inspector General, Foreign Service, to exercise
such of the authorities granted by such section 624(d) to the Inspector
General, Foreign Assistance, as the President determines are neces-
sary to carry out any duties or responsibilities so assigned.]
(b) Section 5315 of title 5, United States Code, is amended by
repealing paragraphs (52) and (53).
(c) The amendments made by this section shall take effect on
July 1, 1978.
THE ACT OF MAY 21, 1952
[AN ACT To make certain increases in the annuities of annuitants under the
Foreign Service retirement and disability system.
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That any Foreign
Service officer who has retired before November 13, 1950, on annuity
under the provisions of the Act of May 24, 1924 (43 Stat. 140), as
amended, or under the provisions of the Foreign Service Act of 1946
(60 Stat. 999), and who does not come within the purview of section
2 of this Act shall have his annuity increased on the first day of the
second month following the month in which this Act is enacted or on
the date such annuity commences, whichever is later, in accordance
with the following scale :
[(a) By 25 per centum or $300, whichever is the lesser, if retirement
took place before November 13,1946;
[(b) By 20 per centum or $240, whichever is the lesser, if retirement
took place on or after November 13, 1946, and before November 13,
1947;
[(c) By 15 per centum or $180, whichever is the lesser, if retirement
took place on or after November 13, 1947, and before November 13,
1948;
[(d) By 10 per centum or $120, whichever is the lesser, if retirement
took place on or after November 13, 1948, and before November 13,
1949; and
[(e) By 5 per centum or $60, whichever is the lesser, if retirement
took place on or after November 13, 1949, and before November 13,
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1950: Provided, That in no case shall an annuity increased under this
Act exceed the largest annuity payable under section 821 (a) of the
Foreign Service Act of 1946.
[SEC. 2. Any Foreign Service officer who has retired before Novem-
ber 13, 1950, and who has elected or may elect to receive a reduced
annuity under the provisions of section 18 of the Act of May 24, 1924
(43 Stat. 144), as amended, or the provisions of sections 821 and 1112
of the Foreign Service Act of 1946 (60 Stat. 1020, 1035), and any
widow or other beneficiary of such officer who is receiving or who shall
receive a survivorship annuity, shall have the amount of such annuity
increased in an amount equal to the percentage differential between
the full annuity which the officer would have received prior to the pass-
age of this Act if he had elected to take a full annuity and the amount
of the increased full annuity provided for in the first section of this
Act. The increase in annuities provided for in this section shall be
..effective on the first day of the second month following the month in
which this Act is enacted or on the effective date such annuities com-
mence, whichever date is later.]
THE ACT OF SEPTEMBER 2, 1958
[AN ACT To provide for adjustments in the annuities under the Foreign Service
retirement and disability system.
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the an-
nuity of each retired officer who, on August 1, 1958, is receiving or
entitled to .receive an annuity from the Foreign Service Retirement
and Disability Fund, based on service which terminated on or before
January 31,1958, shall be increased by 10 per centum.
[(b) The. annuity otherwise payable from the Foreign Service Re-
tirement and Disability Fund to-
[ (1) each survivor annuitant who, on August 1, 1958, is receiv-
ing or entitled to receive an annuity based on service which termi-
nated on or before January 31,1958, and
[(2) each person granted an annuity in accordance with section
5 of the Act of May 1, 1956 (70 Stat. 125), shall be increased by
10 per centum.
[(c) The increases provided by subsections (a) and (b) of this sec-
tion shall become effective on the first day of the second calendar
month. following the enactment of .this Act.
[SEc. 2. The annuity of each retired officer who, on or after August
1, 1958, is receiving or. entitled to receive an annuity from-the Foreign
Service Retirement and Disability Fund, based on service which ter-
minated on-or after February.l, 1958, shall be increased effective on
the first-day of the-second calendar month following enactment of
this Act or. on the commencing date of annuity, whichever is later, in
accordance with the following schedule :
[If- annuity between- increased by-
[February 1,1958 and June 30, 1959--------------------------- 8 per centum
[July 1, 1959-and June 30,1960-------------------------------- 6 per centum
[July 1, 1960 and. June 30,1961-------------------------------- 4 per centum
(July 1, 1961 and'June 30, 1962------------------------------- 2 per centum
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[SEC. 3. The annuity of any survivor annuitant who, on or after
August 1, 1958, is receiving or entitled to receive an annuity from the
Foreign Service Retirement and Disability Fund, based on service
which terminated on or after February 1, 1958, shall be increased
effective on the first day of the second calendar month following en-
actment of this Act or on the commencing date of annuity, whichever
is later, in accordance with the following schedule :
Annuity shall be
[If annuity between- increased by-
[February 1, 1958 and June 30, 1959--------------------------- 8 per centum
[July 1, 1959 and June 30, 1960------------------------------- 6 per centum
[July 1, 1960 and June 30,1961________________________________ 4 per centum
[July 1, 1961 and June 30,1962-------------------------------- 2 per centum
[SEC. 4. No increase provided by this Act shall be computed on any
additional annuity purchased with voluntary contributions pursuant
to the provisions of section 881 of the Foreign Service Act of 1946, as
amended.
[SEC. 5. No annuity of a retired officer shall be increased under any
section of this Act in an amount in excess of $500 per annum. No
annuity of a survivor annuitant shall be increased under any section
of this Act in an amount in excess of $250 per annum.]
THE ACT OF JULY 12, 1960
[AN ACT To provide for adjustments in the annuities under the Foreign Service
retirement and disability system.
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the an-
nuity of each person heretofore or hereafter retired who, on or before
June 30, 1962, is receiving or entitled to receive an annuity from the
Foreign Service Retirement and Disability Fund shall be increased
by 10 per centum.
[(b) The annuity of each widow survivor annuitant who, on or
before June 30, 1962, is receiving a survivor annuity from the Foreign
Service Retirement and Disability Fund is hereby increased by 10
per centum, or so much in excess thereof as will enable any such widow
to receive a minimum annuity of $2,400 per annum.
[(c) No increase provided by this section shall be computed on any
additional annuity purchased with voluntary contributions pursuant
to the provisions of section 881 of the Foreign Service Act of 1946, as
amended.
[(d) The increases provided by this section shall take effect on the
first day of the first month which begins more than thirty days after
the date of enactment of this Act, or on the commencing date of the
annuity, whichever is later.
[SEC. 2. (a) Section 5 of Public Law 503, Eighty-fourth Congress,
is amended to read as follows :
["SEC. 5. In any case where a participant under the Foreign Service
Retirement and Disability System died before August 29, 1954, leav-
ing a widow who is not entitled to receive an annuity under the System
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226
and who is not receiving benefits as a widow under the Federal Em-
ployees' Compensation Act, the Secretary of State is authorized and
directed to grant such widow an annuity of $2,400 per annum."
[(b) The amendment made by this section shall take effect on the
first day of the first month which begins more than thirty days after
the date of enactment of this Act.]
FOREIGN SERVICE ANNUITY ADJUSTMENT ACT OF 1965
[AN ACT To provide for adjustments in annuities under the Foreign Service
retirement and disability system.
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited asthe "Foreign Service Annuity Adjustment Act of 1965".
[SEC. 2. (a) Annuities paid from the Foreign Service retirement
and disability fund on the date of enactment of this Act, based on
service performed by annuitants which terminated prior to October 16,
1960, shall be adjusted under the provisions of section 821 (b) of the
Foreign Service Act of 1946, as in effect on October 16, 1960, relating
to the formula for reduction in annuity to provide for a surviving
widow, as though such provisions had been in effect on the date of the
annuitant's separation from the Service, or, in the case of any annui-
tant who makes an election under paragraph (1) or (2) of this sub-
section, in accordance with the following :
[ (1) An annuitant who at time of retirement was married to a
wife who is still living (and to whom he is married on the date
of .enactment of this'Act), and for whom he has not elected a
widow survivor benefit before such date of enactment, may, within
one hundred and twenty days after such date of enactment, elect
to provide a widow survivor benefit of $2,400 per annum. The
annuity of an annuitant who makes an election under this para-
graph shall be reduced by $300 per annum.
[(2) An annuitant who at time of retirement was married to a
wife who is still living (and to whom he is married on the date of
enactment of this Act) and for whom he has elected, before such
date of enactment, a widow survivor benefit of less than $2,400
per annum, may, within one hundred and twenty days after such
date of enactment, elect to provide a widow survivor benefit of
$2,400 per annum. The annuity of an annuitant who makes an
election under this paragraph shall be reduced by $300 per annum
in lieu of any reductions of his annuity in effect on the date of
enactment of this Act because of elections made by him before
such date of enactment in connection with the provision of a
widow survivor annuity.
[(b) If an annuitant referred to in paragraph (a) (1) or (a) (2) of
this section dies within one hundred and twenty days after the date
of enactment of this Act, without having made an election under such
paragraph, (a) (1) or (a) (2), his surviving widow shall be paid the
greater of-
[(1) $2,400; or
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[(2) the annuity to which she may be entitled from the Foreign
Service retirement and disability fund as his widow under any
provision of law in effect on the date of the death of the annuitant.
[(c) Notwithstanding the foregoing provisions of this section, each
annuitant, who makes an election under paragraph (1) of subsection
(a) shall pay into the Foreign Service retirement and disability fund
an amount equal to the amount by which (A) the total annuity re-
ceived by the annuitant prior to the effective date of any adjustment
in his annuity pursuant to such election exceeds (B) the total annuity
which he would have received prior to such date had he elected a sur-
vivor annuity of $2,400 per annum at the time of such retirement.
The Secretary of State may permit the payment required by this sub-
section to be made in installments of not less than $25 per month.
[SEC. 3. If a former participant whose service as a class 4 Foreign
Service officer was terminated prior to October 16, 1960, and who
elected a deferred annuity, dies before becoming eligible to receive an
annuity, the benefit of the surviving widow, if she was eligible under
the terms of the law in effect upon his separation from the Service,
shall not be less than $2,400 per annum.
[SEC. 4. In any case in which an annuitant who retired prior to Oc-
tober 16, 1960, dies before the date of enactment of this Act, leav-
ing a widow to whom he was married at time of retirement who is
not entitled to receive an annuity under the Foreign Service retire-
ment and disability system, and who is not receiving benefits as a
widow under the federal Employees' Compensation Act, the Secre-
tary of State shall grant such widow, whether remarried or not, an
annuity of $2,400 per annum.
[SEC. 5. The annuity of each widow survivor annuitant who, on the
date of enactment of this Act, is receiving a survivor annuity from
the Foreign Service retirement and disability fund of less than $2,400
per annum is hereby increased to $2,400 per annum.
[SEC. 6. The annuity benefits elected or provided with respect to
any widow under section 2, 3, 4, or 5 of this Act shall be in lieu of
any annuity benefits to which such widow otherwise would be entitled
as the widow of the Foreign Service officer with respect to whom
such annuity benefits are so elected or provided.
[SEC. 7. Any increase, adjustment, or grant of an annuity under
section 2, 4, or 5 of this Act shall commence on the first day of the
month following the expiration of the one-hundred-and-twenty-day
period beginning on the date of enactment of this Act, and the
monthly rate payable shall be fixed at the nearest dollar.
[SEC. 8. Annuity benefits provided by this Act shall be paid from
the Foreign Service retirement and disability fund; except that, no
part of such fund shall be applied toward the payment of any bene-
fits under section 2, 4, or 5 of this Act until an appropriation is made
to such fund in an amount which the Secretary of the Treasury esti-
mates to be necessary to prevent an increase in the unfunded liability
to such fund for the first fiscal year during which such benefits are
payable.
[SEC. 9. Title VIII of the Foreign Service Act of 1946, as amended,
is amended as follows :
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[(1) Section 821(b) of such Act (22 U.S.C. 1076(b)) is amended
to read as follows :
[" (b) (1) At the time of retirement, any married female participant
may elect to receive a reduced annuity and to provide for an annuity
payable to her husband, commencing on the date following such par-
ticipant's death and terminating upon the death of such surviving
husband. The annuity payable to the surviving husband after such
participant's death shall be 50 per centum of the amount of the par-
ticipant's annuity computed as prescribed in paragraph (a) of this
section, up to the full amount of such annuity specified by her as the
base for the survivor benefits. The annuity of the participant making
such election shall be reduced by 21/2 per centum of any amount up
to $2,400 she specifies as the base for the survivor benefit plus 10 per
centum of any amount over $2,400 so specified.
["(2) At the time of retirement, the annuity of each married male
participant computed as prescribed in paragraph (a) of this section
shall be reduced by $300 to provide for his surviving wife a minimum
annuity of $2,400, except that, if his annuity is more than $4,800, he
may elect up to 50 per centum of such annuity for his surviving wife,
and if such election is made, his annuity shall be further reduced by
10 per centum of the difference between $4800 and the base he specifies
for the survivor benefit."
[(2) The first sentence of section 832(b) of such Act (22 U.S.C.
1082(b)) is amended by inserting immediately before the period at
the end thereof the following : "; except that the annuity of any
widow shall not be less than $2,400".
[(3) At the end of title VIII of such Act add the following:
["PART J-COST-OF-LIVING ADJUSTMENTS OF ANNUITIES
["SEC. 882. (a) On the basis of determination made by the Civil
Service Commission pursuant to section 18 of the Civil Service Retire-
ment Act, as amended, pertaining to per centum change in the price
index, the following adjustments shall be made :
["(1) Effective April 1, 1966, if the change in the price index from
1962 to 1965 shall have equaled a rise of at least 3 per centum, each
annuity payable from the fund which has a commencing date earlier
than January 2, 1965, shall be increased by the per centum rise in the
price index adjusted to the nearest one-tenth of 1 per centum.
(2) Effective April 1 of any year other than 1966 after the price
index change shall have equaled a rise of at least 3 per centum, each
annuity payable from the fund which has a commencing date earlier
than January 2 of the preceding year shall be increased by the per
centum rise in the price. index adjusted to the nearest one-tenth of 1
per centum.
[" (b) Eligibility for an annuity increase under this section shall be
governed by the commencing date of each annuity payable from the
fund as of the effective date of an increase, except as follows :
[" (1) Effective from the date of the first increase under this section,
an annuity payable from the fund to an annuitant's survivor (other
than a child entitled under section 821 (c) ), which annuity commenced
the day after the annuitant's death, shall be increased as provided in
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subsection (a) (1) or (a) (2) if the commencing date of annuity to the
annuitant was earlier than January 2 of the year preceding the first
increase.
[" (2) Effective from its commencing date, an annuity payable from
the fund to an annuitant's survivor (other than a child entitled under
section 821(c) ), which annuity commences the day after the annui-
tant's death and after the effective date of the first increase under this
section, shall be increased by the total per centum increase the annui-
tant was receiving under this section at death.
[" (3) For purposes of computing an annuity which commences after
the effective date of the first increase under this section to a child
under section 821(c), the items $600, $720, $1,800, and $2,160 appear-
ing in section 821 (c) shall be increased by the total per centum
increase allowed and in force under this section and, in case of a
deceased annuitant, the items 40 per centum and 50 per centum appear-
ing in section 821 (c) shall be increased by the total per centum increase
allowed and in force under this section to the annuitant at death.
Effective from the date of the first increase under this section, the pro-
visions of this paragraph shall apply as if such first increase were in
effect with respect to computation of a child's annuity under section
821(c) which commenced between January 2 of the year preceding
the first increase and the effective date of the first increase.
["(c) No increase in annuity provided by this section shall be com-
puted on any additional annuity purchased at retirement by voluntary
contributions.
[" (d) No increase in annuity provided by this section shall apply
to amounts paid under authority of section 5 of Public Law 84-503,
as amended, section 4 of the Foreign Service Annuity Adjustment Act
of 1965, or any other law authorizing annuity grants to widows.
["(e) The monthly installment of annuity after adjustment under
this section shall be fixed at the nearest dollar."]
THE ACT OF MAY 1, 1956
[AN ACT To make certain increases in the annuities of annuitants under the
Foreign Service retirement and disability system.
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the annuity of
an annuitant under the Foreign Service retirement and disability
system pursuant to the Act of May 24,1924 (43 Stat. 140), as amended,
or the Foreign Service Act of 1946 (60 Stat. 999), as amended, shall
be increased the first day of the second month following enactment of
this Act in accordance with the following rules :
[If the. annuitant was formerly a participant in the system, the
annuity to which he is entitled shall be increased $324, provided he
retired before July 1, 1949.
[Src. 2. In the case of an officer who retired before July 1, 1949, and
elected a reduced annuity at time of retirement, and who availed him-
self of the restoration clause in section 821 (b) of the Foreign Service
Act of 1946, as amended, such officer shall be entitled to receive the
increase provided by the first section of this Act.
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I [SEC. 3. If the annuitant is receiving an annuity on the effective date
of this Act as the survivor of a former participant in the system who
retired before July 1, 1949, the annuity shall be increased in the
amount of $324 or in such larger amount as may be necessary to make
the total annuity equal to $1,200; except that in no event shall such
annuity be increased by any amount in excess of $324 if such increase
would result in a total annuity greater than the annuity which such
survivor would have been entitled to receive (as determined by the
Secretary of State, taking into consideration any generally applicable
pay increasesbut not any in-class increases or possible additional years
of service) immediately prior to the effective date of this Act if such
former participant had retired on November 13, 1950 (the date speci-
fied in Public Law 348, Eighty-second Congress).
[SEC. 4. If the wife of a Foreign Service officer who retired prior to
July 1, 1949, becomes an annuitant subsequent to the effective date of
this Act, as a result of the election made by the officer at time of
retirement, such widow's annuity shall be increased in the amount
of $324.
[SEC. 5. In any case where a participant under the Foreign Service
Retirement and Disability System died before August 29, 1954, leav-
ing a widow who is not entitled to receive an annuity under the System
and who is not receiving benefits as a widow under the Federal
Employees' Compensation Act, the Secretary of State is authorized
and directed to grant such widow an annuity of $2,400 per annum.
[SEC. 6. In no case shall an annuity increased under this Act exceed
the maximum annuity payable under section 821 (a) or (b) of the
Foreign Service Act of 1946, as amended.
[SEC. 7. No annuity currently payable to any annuitant under the
Foreign Service retirement and disability system shall be reduced as a
result of the provisions of this Act.]
SECTION 3 OF THE ASIAN DEVELOPMENT BANK ACT
SEC. 3. (a) The President, by and with the advice and consent of
the Senate, shall appoint a Governor of the Bank, an alternate for the
Governor, and a Director of the Bank.
(b) No person shall be entitled to receive any salary or other com-
pensation from the United States for services as a Governor or Alter-
nate Governor. The Director may, in the discretion of the President,
receive such compensation, allowances, and other benefits as, together
with those received by him from the Bank, will equal those authorized
for [a Chief of Mission, class 2, within the meaning of the Foreign
Service Act of 1946, as amended] a chief of mission under the Foreign
Service Act of 1980.
UNITED NATIONS PARTICIPATION ACT OF 1945
SEC. 2. (a)
* * * * * * *
(g) All persons appointed in pursuance of authority contained in
this section shall receive compensation at rates determined by the
I
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President upon the basis of duties to be performed but not in excess
of rates authorized by [sections 411 and 412 of the Foreign Service Act
of 1946 (Public Law 724, Seventy-ninth Congress) for chiefs of mis-
sion] sections 401, 402, and .103 of the Foreign Service Act of 1980 for
chiefs of mission, members of the Senior Foreign Service, and Foreign
Service officers occupying positions of equivalent importance, ex-
cept that no Member of the Senate or House of Representatives or
officer of the United States who is designated under subsections (c)
and (d) of this section as a representative of the United States or as
an alternate to attend any specified session or specified sessions of the
General. Assembly shall be entitled to receive such compensation.
* * * * * *
SEC. 8. There is hereby authorized to be appropriated annually to
the Department of State, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary for the pay-
ment by the United States of its share of the expenses of the United
Nations as apportioned by the General Assembly in accordance with
article 17 of the Charter, and for all necessary salaries and expenses
of the representatives provided for in section 2 hereof, and of their
appropriate staffs, including personal services in the District of Co-
lumbia and elsewhere, without regard to the civil-service laws and the
Classification Act of 1923, as amended; travel expenses without regard
to the Standardized Government Travel Regulations, as amended, the
Travel Expense Actof 1949, and section 10 of the Act of March 3,
1933, as amended, and, under such rules and regulations as the Secre-
tary of State may prescribe, travel expenses of families and trans-
portation of effects of United States representatives and other per-
sonnel in going to and returning from their post of duty; allowances
for living quarters, including heat, fuel, and light, as authorized by
the Act approved June 26, 1930 (5 U.S.C. 118a) ; cost-of-living allow-
ances for personnel stationed abroad under such rules and regulations
as the Secretary of State may prescribe; communications services;
stenographic reporting, translating, and other services, by contract;
hire of passenger motor vehicles and other local transportation; rent
of offices; printing and binding without regard to section 11 of the
Act of March 1, 1949 (44 U.S.C. 111) ; allowances and expenses as pro-
vided in section 6 of the Act of July 30, 1946 (Public Law 565,'
Seventy-ninth Congress), and allowances and expenses equivalent to
those provided in [section 901(3) of the Foreign Service Act of 1946
(Public Law 724, Seventy-ninth Congress) 3 section 905 of the
Foreign Service Act of 1980; the lease or rental (for periods not exceed-
ing ten years) of living quarters for the use of representative of the
United States to the United Nations referred to in paragraph (a) of
section 2 hereof, the cost of installation and use of telephones in the
same manner as telephone service is provided for use of the Foreign
Service pursuant to the Act of August 23,1912. as amended (31 U.S.C.
679) and unusual expenses similar to those authorized by section 22 of
the Administrative Expenses Act of 1946, as amended by' section 311 of
the Overseas Differentials and Allowances Act, incident to the opera-
tion and maintenance of such living quarters; and such other expenses
as may be authorized by the Secretary of State; and without regard
to section 3709 of the Revised Statutes as amended (41 U.S.C. 5).
* * * * * *
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SECTION 2 OF THE JOINT RESOLUTION OF JULY 30, 1946
JOINT RESOLUTION Providing for membership and participation by the United
States in the United Nations Educational, Scientific, and Cultural Organiza-
tion, and authorizing an appropriation therefor.
* * * * * * s.
SEC. 2. The President by and with the consent of the Senate shall
designate from time to time to attend a specified session or specified
sessions of the General Conference of the Organization not to exceed
five representatives of the United States and such number of alternates
not to exceed five as he may determine consistent with the rules of pro-
cedure of the General Conference : Provided, however, That each
such representative and each such alternate must be an American
citizen. One of the representatives shall be designated as the senior
representative. Such representatives and alternates shall each be en-
titled to receive compensation at such rates provided for [Foreign
Service officers in the schedule contained in section 412 of the Foreign
Service Act of 1946, as amended,] members of the Senior Foreign
Service under section .?02 of the Foreign Service Act of 1980, or pro-
vided for Foreign Service ogeers under section 403 of that Act, as the
President may determine, for such periods as the President may
specify, except that no Member of the Senate or House of Representa-
tives or officer of the United States who is designated under this sec-
tion as a representative of the United States or as an alternate to
attend any specified session or specified sessions of the General Con-
ference shall be entitled to receive such compensation. Whenever a
representative of the United States is elected by the General Confer-
ence to serve on the Executive Board, or is elected President of the
General Conference and thus becomes an ex officio adviser to the Exec-
utive Board, under provision of article V of the constitution of the
Organization, the President may extend the above provisions for com-
pensation to such representative during periods of service in connec-
tion with the Executive Board.
SECTION 2 OF THE JOINT RESOLUTION OF JUNE 14, 1948
JOINT RESOLUTION Providing for membership and participation by the United
States in the World Health Organization and authorizing an appropriation
therefor.
SEC. 2. The President shall designate from time to time to attend a
specified session or specified sessions of the World Health Assembly
of the Organization not to exceed three delegates of the United States
and such number of alternates as he may determine consistent with the
rules of procedure of the World Health Assembly. One of the dele-
gates shall be designated as the chief delegate. Whenever the United
States becomes entitled to designate a person to serve on the Executive
Board of the Organization, under article 24 of the constitution of the
Organization, the President shall designate a representative of the
United States, by and with the advice and consent of the Senate, and
may designate not to exceed one alternate to attend sessions of the
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Executive Board. Such representative must be a graduate of a recog-
nized medical school and have spent not less than three years in active
practice as a physician or surgeon. Such representative and any such
alternate shall each be entitled to receive compensation at one of the
rates [provided by section 412 of the Foreign Service Act of 1946,
as amended,] established under section 402 or 403 of the Foreign
Service Act of 1980 for such period or periods as the President may
specify, except that no Member of the Senate or House of Representa-
tives or officer of the United States who is thus designated shall be
entitled to receive such compensation : Provided, That no person shall
serve as such representative, delegate, or alternate until such person
has been investigated as to loyalty and security by the Civil Service
Commission.
SECTION 203 OF THE AFRICAN DEVELOPMENT
FUND ACT
SEC. 203. (a) The President, by and with the advice and consent
of the Senate, shall appoint a Governor, and an Alternate Governor,
of the fund.
(b) The Governor, or in his absence the Alternate Governor, on
the instructions of the President, shall cast the votes of the United
States for the Director to represent the United States in the Fund.
The Director representing the United States and his Alternate, if
they are citizens of the United States, may, in the discretion of the
President, receive such compensation, allowances, and other benefits
not exceeding those authorized for [a Chief of Mission, class 2, within
the meaning of the Foreign Service Act of 1946, as amended] a chief
of mission under the Foreign Service Act of 1980.
SECTION 408 OF THE MUTUAL SECURITY ACT OF 1954
SEC. 408. NORTH ATLANTIC TREATY - ORGANIZATION.-(a) In order to
provide for United States participation in the North Atlantic Treaty
Organization, there is hereby authorized to be appropriated such
amounts as may be necessary from time to time for the payment by
the United States of its share of the expenses of the Organization and
all necessary salaries and expenses of the United States permanent
representative to the Organization, of such persons as may be ap-
pointed to represent the United States in the subsidiary bodies of the
Organization or in any multilateral organization which participates
in achieving the aims of the North Atlantic Treaty, and of their ap-
propriate staffs, and the expenses of participation in meetings of such
organizations, including salaries, expenses, and allowances of per-
sonnel and dependents as authorized by the Foreign Service Act of
1980 [1946, as amended (22 U.S.C. 801),] and allowances and ex-
penses as provided in section 6 of the Act of July 30, 1946 (22 U.S.C.
287r).
(b) The United States permanent representative to the North At-
lantic Treaty Organization shall be appointed by the President by and
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with the advice and consent of the Senate and.shall hold office at the
pleasure of the President. Such representative shall have the rank
and status of ambassador extraordinary and plenipotentiary and shall
be a chief of mission [, class 1, within the meaning of the Foreign
Service Act of 1946, as amended (22 U.S.C. 801)] under the Foreign
Service Act of 1980.
(c) Persons detailed to the international staff of the North Atlantic
Treaty Organization in accordance with [section 529 of this Act who
are appointed as Foreign Service Reserve Officers may serve for pe-
riods of more than five years notwithstanding the limitation in section
522 of the Foreign Service Act of 1946, as amended (22 U.S.C. 922)]
section 628 of the Foreign Assistance Act of 1961 who are members of
the Foreign Service serving under limited appointments may serve
for periods of more than five years notwithstanding the limitation in
section 309 of the Foreign Service Act of 1980.
* * * * * * *
INTERNATIONAL ATOMIC ENERGY AGENCY
PARTICIPATION ACT OF 1957
* * * * * * *
SEC. 2. (a)
* * * * * *
(d) All persons appointed or designated in pursuance of authority
contained in this section shall receive compensation at rates deter-
mined by the President upon the basis of duties to be performed
but not in excess of the rates authorized by [sections 411 and 412 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 886, 867), for
Chiefs of Mission] sections 401, 402 and 403 of the Foreign Service
Act of 1980 for chiefs of mission, members of the Senior Foreign Serv-
' ice, and Foreign Service officers occupying positions of equivalent im-
portance, except that no Member of the Senate or House of Representa-
tives or officer of the United States who is designated under subsection
(b) or subsection (c) of this section as a delegate or representative of
the United States or as an'alternate to attend any specified session or
specified sessions of the General Conference shall be entitled to receive
such compensation. Any person who receives compensation pursuant
to the provisions of this subsection may be granted allowances and
benefits not to exceed those received [by Chiefs of Mission] under the
Foreign Service Act o f 1980 by chiefs of missions, members of the <
Senior Foreign Service, and Foreign Service officers occupying posi-
tions of equivalent importance.
* * * * * * *
SEC. 5. There is hereby authorized to be appropriated annually to
the Department of State, out of any money in the Treasury not other-
wise appropriated, such sums as may be necessary for the payment
by the United States of its share of the expenses of the International
Atomic Energy Agency as apportioned by the Agency in accordance
with paragraph (D) of article XIV of the Statute of the Agency, and
for all necessary salaries and expenses of the representatives provided
for in section 2 hereof and of their appropriate staffs, including per-
ii
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sonal services without regard to the civil service laws and the Classi-
fication Act of 1949, as amended; travel expenses without regard to
the Standardized Government Travel Regulations, as amended, the
Travel Expense Act of 1949, as amended, and section 10 of the Act
of March 3, 1933, as amended; salaries as authorized by the Foreign
Service Act of [1946, as amended] 1980; or as authorized by the
Atomic Energy Act of 1954, as amended, and expenses and allowances
of personnel and dependents as authorized by the Foreign Service Act
of [1946, as amended;] 1.980; services as authorized by section 15 of
the Act of August 2, 1946 (5 U.S.C. 55a) ; translating and other serv-
ices, by contract; hire of passenger motor vehicles and other local
transportation; printing, and binding without regard to section II of
the Act of March 1, 1919 (44 U.S.C. 111) ; official functions and cour-
tesies; such sums as may be necessary to defray the expenses of
United States participation in the Preparatory Commission for the
Agency, established pursuant to annex I of the Statute of the Agency;
and such other expenses as may be authorized by the Secretary of
State.
SECTION 704 OF THE CENTER FOR CULTURAL AND
TECHNICAL INTERCHANGE BETWEEN EAST AND
WEST ACT OF 1960
SEC. 704. (a) In carrying out the provisions of this chapter, the
Secretary may utilize his authority under the provisions of the United
States Information and Educational Exchange Act of 1948, as
amended.
(b) The Secretary may, in administering the provisions of this
chapter, accept from public and private sources money and property to
be utilized in carrying out the purposes and functions of the Center.
In utilizing any gifts, bequests, or devises accepted there shall be
available to the Secretary the same authorities as are available to
him in accepting and utilizing gifts, bequests, and devises to the For-
eign Service Institute under the provisions of the [title X, part C of
the Foreign Service Act of 1946, as amended] section 25 of the State
Department Basic Authorities Act of 1956. For the purposes of Fed-
eral income, estate, and gift taxes, any gift, devise, or bequest ac-
cepted by the Secretary under the authority of this chapter shall be
deemed to be a gift, devise, or bequest to or for the use of the United
States.
(c) The Secretary shall make an annual report to the Congress
with respect to his activities under the provisions of this chapter, and
such report shall include any recommendations for needed revisions
in this chapter.
SECTION 104 OF THE MUTUAL EDUCATIONAL AND
CULTURAL EXCHANGE ACT OF 1961
SEC. 104. (a) The President may delegate, to such officers of the
Government as he determines to be appropriate, any of the powers
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conferred upon him by this Act to the extent that he finds such dele-
gation to be in the interest of the purposes expressed in this Act and
the efficient administration of the programs undertaken pursuant to
this Act: Provided, That where the President has delegated any of
such powers to any officer, before the President implements any pro-
posal for the delegation of any of such powers to another officer, that
proposal shall be submitted to the Speaker of the House of Repre-
sentatives and to the Committee on Foreign Relations of the Senate,
and thereafter a period of not less than sixty days shall have elapsed
while Congress is in session. In computing such sixty days, there shall
be excluded the days on which either House is not in session because
of an adjournment of more than three -days.
(b) The President is authorized to employ such other personnel
as he deems necessary to carry out the provisions and purposes of this
Act, and of such personnel not to exceed ten may be compensated with-
out regard to the provisions of the Classification Act of 1949, as
amended, but not in excess of the highest rate of grade 18 of the
general schedule established by such Act. Such positions shall be in
addition to the number authorized by section 505 of the Classification
Act of 1949, as amended.
[(c) For the purpose of performing functions under this Act out-
side the United States, including participation in binational or multi-
national foundations or commissions, the Secretary of State may
employ or assign or authorize the employment or assignment for the
duration of operations under this Act of persons in or to the Foreign
Service Reserve or Foreign Service Staff and alien clerks and em-
ployees in accordance with applicable provisions of the Foreign Serv-
ice Act of 1946, as amended (22 U.S.C. 801).]
(d) For the purpose of performing functions under this Act out-
side the United States, the President is authorized to provide that any
person employed or assigned by a United States Government agency
shall be entitled, except to the extent that the President may specify
otherwise in cases in which the period of employment or assignment
exceeds thirty months, to the same benefits as are provided by [section
528 of the Foreign Service Act of 1946, as amended _(22 U.S.C. 928),
for persons appointed to the Foreign Service Reserve and, except for
policymaking officials, the provisions of section 1005 of the Foreign
Service Act of 1946, as amended (22 U.S.C. 807), shall apply in the
case of such persons] section 310 of the Foreign Service Act of 1980
for individuals appointed to the Foreign Service.
SECTION 5 OF THE MIGRATION AND REFUGEE
ASSISTANCE ACT OF 1962
SEC. 5. (a) Funds made available for the purposes of this Act shall
be available for-
(1) compensation, allowances, and travel of personnel, includ-
ing members of the Foreign Service [personnel] whose services
are utilized primarily for the purpose of this Act, and without
regard to the provisions of any other law, for printing and bind-
ing, and for expenditures outside the United States for the pro-
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curement of supplies and services and for other administrative
and operating purposes (other than compensation of personnel)
without regard to such laws and regulations governing the obliga-
tion and expenditure of Government funds as may be necessary
to accomplish the purposes of this Act;
(2) employment or assignment of [Foreign Service Reserve
officers] members of the Foreign Service serving under limited
appointments for the duration of operations under this Act;
(3) exchange of funds without regard to section 3651 of the
Revised Status (31 U.S.C. 543), and loss by exchanges;
(4) expenses authorized by the Foreign Service Act of [1946,
as amended (22 U.S.C. 801 et seq.)] 1980, not otherwise provided
for;
(5) expenses authorized by the Act of August 1, 1956 (70 Stat.
890-892), as amended; and
(6) all other expenses determined by the President to be neces-
sary to carry out the purposes of this Act.
SECTION 403 OF THE INTERNATIONAL DEVELOPMENT
COOPERATION ACT OF 1979
SEC. 403. (a) In carrying out its purposes, the Institute shall-
(1) assist developing countries to strengthen their own scien-
tific and technological capacity in order for them to undertake
the research and experimentation necessary for development;
(2) support research, in the United States and in developing
countries, on critical development problems, with emphasis on
research relating to technologies which are labor-intensive or
which do not generate additional unemployment or underem-
ployment and with emphasis on those problems which are the
greatest impediment to improvement in the lives of the majority
of the poor;
(3) foster the exchange of scientists and other technological
experts with developing countries, and other forms of exchange
and communication to promote the joint solution of problems of
mutual concern to the United States and developing countries;
(4) advise and assist other agencies of the United States Gov-
ernment in planning and executing policies and programs of
scientific and technological cooperation with developing
countries ;
(5) facilitate the participation of private United States institu-
tions, businesses, and individuals in scientific and technological
cooperation with developing countries; and
(6) gather, analyze, and disseminate information relevant to
the scientific and technological needs of developing countries.
(b) In carrying out the functions specified in subsection (a), the
Institute shall take particular care to review all of its programs,
projects, and other activities to ensure that technologies which are
developed, utilized, or promoted are assessed with regard to minimiz-
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 AN ACT To provide for greater stability in agriculture; to augment the market-
ing and disposal of agricultural products ; and for other purposes.
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238
ing any new problems and that participants in such programs,
projects, and activities are fully aware of the need for such review
with respect to any technology-related activities for which they are
responsible.
I (c) For purposes of carrying out the functions of the Institute, the
President may utilize, in addition to authorities conferred by this title,
such authority contained in the Foreign Assistance Act of 1961, the
[Foreign Service Act of 1946] Foreign Service Act of 1980, title V of
the Foreign Relations Authorization Act, Fiscal Year 1979, and title
IV of the International Development and Food Assistance Act of 1978,
as the President deems necessary.
TITLE VI-AGRICULTURAL ATTACHES
* * * * * * *
(h) Upon the request of the Secretary of Agriculture, the Secre-
tary of State shall request for Agricultural Trade Officers and per-
sonnel of United States Agricultural Trade Offices diplomatic
privileges and immunities equivalent to those enjoyed by [Foreign
Service personnel] members of the Foreign Service of comparable
rank and salary.
SEC. 606D. The Secretary of Agriculture may, under such rules and
regulations as may be prescribed by the President or his designee,
provide to personnel appointed or assigned by the Secretary of Agri-
culture under this title or other authority allowances and benefits
similar to those provided by [title IX of the Foreign Service Act of
1946] chapter 9 of title I of the Foreign Service Act of 1980. Leaves of
absence for personnel under this title shall be on the same basis as is
provided for the Foreign Service of the United States by the Annual
and Sick Leave Act of 1951 (5 U.S.C. 2061).
* * * * * * *
Subtitle B-United States Agricultural Trade Offices
SEC. 605A. (a)
SECTION 2002 OF TITLE 10, UNITED STATES CODE
2002. Dependents of members of armed forces: language
training.
(a) Notwithstanding [section 1041 of title 22] section 701(b) of
the Foreign Service Act of 1980 or any other provision of law, and
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THE ACT OF AUGUST 28, 1954
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under regulations to be prescribed by the Secretary of Defense or,
with respect to the Coast Guard when it is not operating as a service
in the Navy, the Secretary of Transportation, language training may
be provided in-
(1) a facility of the Department of Defense;
(2) a facility of the Foreign Service Institute established under
[section 1041 of title 22] section 701 (a) of the Foreign Service
Act of 1980; or
(3) a civilian educational institution;
to a dependent of a member of the armed forces in anticipation of the
member's assignment to permanent duty outside the United States.
(b) For the purposes of this section, the word "dependent" has the
same meaning that it has under section 401 of title 37.
SECTION 8 OF THE DEFENSE DEPARTMENT OVERSEAS
TEACHERS PAY AND PERSONNEL PRACTICES ACT
SEC. 8. (a) Under regulations which shall be prescribed by or under
authority of the President, each teacher (other than a teacher em-
ployed in a substitute capacity) shall be entitled, in addition to basic
compensation, to-
(1) cost-of-living allowances equal to those authorized by sec-
tion 901(2) of the Foreign Service Act of 1946 (22 U. .C.
1131(2))] section 5924 of title 5, United States Code, and
(2) additional compensation equal to that authorized under
section 207 of the Independent Offices Appropriation Act, 1949
(5 U.S.C. 118h).
INTERNAL REVENUE CODE OF 1954
Subtitle A-Income Taxes
CHAPTER 1-NORMAL TAXES AND SURTAXES
Subchapter B-Computation of Taxable Income
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PART III-ITEMS SPECIFICALLY EXCLUDED FROM
GROSS INCOME
SEC. 104. COMPENSATION FOR INJURIES OR SICKNESS.
(a) IN GENERAL.-Except in the case of amounts attributable to
(and not in excess of) deductions allowed under section 213 (relating
to medical, etc., expenses) for any prior taxable year, gross income
does not include-
(1) amounts received under workmen's compensation acts as
compensation for personal injuries or sickness;
(2) the amount of any damages received (whether by suit or
agreement) on account of personal injuries or sickness;
(3) amounts received through accident or health insurance for
personal injuries or sickness (other than amounts received by
an employee, to the extent such amounts (A) are attributable to
contributions by the employer which were not includible in the
gross income of the employee, or (B) are paid by the employer) ;
(4) amounts received as a pension, annuity, or similar allow-
ance for personal injuries or sickness resulting from active service
in the armed forces of any country or in the Coast and Geodetic
Survey or the Public Health Service, or as a disability annuity
payable under the provisions of [section 831 of the Foreign Serv-
ice Act of 1946, as amended (22 U.S.C. 1081)] section 808 of the
Foreign Service Act of 1980; and
(5) amounts received by an individual as disability income
attributable to injuries incurred as a direct result of a violent
attack which the Secretary of State determines to be a terrorist
attack and which occurred while such individual was an employee
of the United States engaged in the performance of his official
duties outside the United States.
For purposes of paragraph (3), in the case of an individual who is,
or has been, an employee within the meaning of section 401(c) (1)
(relating to self-employed individuals), contributions made on behalf
of such individual while he was such an employee to a trust described
in section 401(a) which is exempt from tax under section 501(a), or
under a plan described in section 403 (a), shall, to the extent allowed as
deductions under section 404, be treated as contributions by the em-
ployer which were not includible in the gross income of the employee.
* * * * * * *
PART VI-ITEMIZED DEDUCTIONS FOR INDIVIDUALS
AND CORPORATIONS
SEC. 170. CHARITABLE, ETC., CONTRIBUTIONS AND GIFTS.
(a) ALLOWANCE OF DEDUCTION.-* *
* * * * * * *
(i) OTHER CROSS REFERENCES.-
(1) For charitable contributions of estate and trusts, see section
642(c).
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(2) For nondeductibility of contributions by common trust funds, see
section 584.
(3) For charitable contributions of partners, see section 702.
(4) For charitable contributions of nonresident aliens, see section 873.
('5) For treatment of gifts for benefit of or use in connection with the
Naval Academy as gifts to or for the use of the United States, see section
6973 of title 10, United States Code.
[(6) For treatment of gifts accepted by the Secretary of State under
the Foreign Service Act of 1946 as gifts to or for the use of the United
States, see section 1021(e) of that Act (22 U.S.C. 809(e)).]
(6) For treatment of gifts accepted by the Secretary of State, the
Director of the International Communication Agency, or the Director
of the United States International Development Cooperation Agency, as
gifts to or for the use of the United States, see section 25 of the State
Department Basic Authorities Act of 1956.
*
Subchapter N-Tax Based on Income From Sources
Within or Without the United States
* * * * * *
PART III-INCOME FROM SOURCES WITHOUT THE
UNITED STATES
* * * * * * *
Subpart B-Earned Income of Citizens of United States
* * * * * * *
SEC. 912. EXEMPTION FOR CERTAIN ALLOWANCES.
The following items shall not be included in gross income, and shall
be exempt from taxation under this subtitle :
(1) FOREIGN AREAS ALLOWANCES.-In the case of civilian officers
and employees of the Government of the United States, amounts
received as allowances or otherwise (but not amounts received as
post differentials) under-
[(A) title IX of the Foreign Service Act of 1946, as
amended (22 U.S.C., sec. 1131 and following),]
(A) chapter 9 of title I of the Foreign Service Act of 1980,
* * * * * * *
Subtitle B-Estate and Gift Taxes
CHAPTER 11-ESTATE TAX
Subchapter A-Estates of Citizens or Residents
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PART IV-TAXABLE ESTATE
* * * * * *
SEC. 2055. TRANSFERS FOR PUBLIC, CHARITABLE, AND RELIGIOUS
USES.
(a) IN GENERAL.- * * *
* * * * * * *
(f) CROSS REFERENCES.-
[(5) For treatment of gifts, devises, or bequests accepted by the Sec-
retary of State under the Foreign Service Act of 1946 as gifts, devises,
or bequests to or for the use of the United States, see section 1021(e) of
that Act (22 U.S.C. 809(e)).]
(5) For treatment of gifts, devises, or bequests accepted by the Sec-
retary of State, the Director of the International Communication Agency,
or the Director of the United States International Development Coop-
eration Agency as gifts, devises, or bequests to or for the use of the
United States, see section 25 of the State Department Basic Authorities
Act of 1956.
SECTION 415 OF THE DOMESTIC VOLUNTEER SERVICE
ACT OF 1973
SEC. 415. (a) ***
* * * * * * *
(c) Any period of service of a volunteer enrolled in a program for a
period of service of at least one year under part A of title I of this
Act, and any period of full-time service of a volunteer enrolled in a
program for a period of service of at least one year under part B or C
of title I of this Act, shall be credited in connection with subsequent
employment in the same manner as a like period of civilian employ-
ment by the United States Government-
(1) for the purposes of [section 852 (a) (1) of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1092(a)(1)), and
every other] any Act establishing a retirement system for civil-
ian employees of any United States Government agency; and
(2) except as otherwise determined by the President, for the
purposes of determining seniority, reduction in force, and layoff
rights, leave entitlement, and other rights and privileges based
upon length of service under the laws administered by the Office
of Personnel Management, the Foreign Service Act of [1946,]
1980, and every other Act establishing or governing terms and
conditions of service of civilian employees of the United States
Government : Provided, That service of a volunteer shall not be
credited toward completion of any probationary or trial period
or completion of any service requirement for career appointment.
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SECTION 405a OF TITLE 37, UNITED STATES CODE
? 405a. Travel and transportation allowances: evacuation allow-
ances
(a) Under regulations prescribed by the Secretaries concerned, when
dependents of members of the uniformed services are ordered [evacu-
ated] to depart by competent authority they may be authorized such
allowances as the Secretary concerned determines necessary to offset
the expenses incident to the [evacuation] departure. Allowances au-
thorized by this section are in addition to those authorized by any other
section of this title. For the purposes of this section, a dependent "or-
dered [evacuated] to depart by competent authority" includes-
(1) a'dependent who is present at or in the vicinity of the mem-
ber's duty station when the [evacuation] departure of depend-
ents is ordered by competent authority and who actually moves
to an authorized safe haven designated by that authority,
whether such safe haven is at or in the vicinity of the member's
duty station or elsewhere;
(2) a dependent who established a household at or in the vicin-
ity of the member's duty station but who is temporarily absent
therefrom of any reason when [evacuation] departure of depend-
ents is ordered by competent authority; and
(3) a dependent who was authorized to join the member and
who departed from his former place of residence incident to join-
ing the member but who, as a result of the [evacuation] departure
of dependents, is diverted to a safe haven designated by competent
authority or is authorized to travel to a place the dependent may
designate, even though he was in the United States when the
[evacuation] departure was ordered.
SECTION 235 OF TITLE 38, UNITED STATES CODE
? 235. Benefits to employees at overseas offices who are United
States citizens
The Administrator may, under such rules and regulations as may
be prescribed by the President or his designee, provide to person-
nel of the Veterans' Administration who are United States citizens
and are assigned by the Administrator to the Veterans' Administra-
tion offices in the Republic of the Philippines allowances and benefits
similar to those provided by the following provisions of law :
(1) Section [1131 of title 22] 905 of the Foreign Service Act
of 1980 (relating to allowances to provide for the proper rep-
resentation of the United States).
(2) [Section 1136 (1), (2), (3), (4), (5), (7), and (11) of
title 22] Sections 901 (1), (2), (3), (4), (7), (8), (9), (11), and
(12) of the Foreign Service Act of 1980 (relating to travel
expenses).
(3) Section [1138 of title 22] 901(13) of the Foreign Service
Act of 1980 (relating to transportation of automobiles).
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(4) Section [1148 of title 22] 903 of the Foreign Service Act
of 1980 (relating to the return of personnel to the United States
on leave of absence).
(5) Section [1156 of title 22] 904(d) of the Foreign Service
Act of 1980 (relating to payments by the United States of ex-
penses for treating illness or injury of officers or employees and
dependents requiring hospitalization).
(6) Section 5724a(a) (3) of title 5 (relating to subsistence
expenses for 30 days in connection with the return to the United
States of the employee and such employee's immediate family).
(7) Section 5724a (a) (4) of title 5 (relating to the sale and
purchase of the residence or settlement of an unexpired lease of
the employee when transferred from one station to another sta-
tion and both stations are in the United States, its territories or
possessions, or the Commonwealth of Puerto Rico).
The foregoing authority supplements, but is not in lieu of, other allow-
ances and benefits for overseas employees of the Veterans' Adminis-
tration provided by titles 5 and 22.
TITLE 5, UNITED STATES CODE
PART III-EMPLOYEES
Subpart B-Employment and Retention
CHAPTER 33-EXAMINATION, SELECTION, AND
PLACEMENT
* * * * * * *
SUBCHAPTER I-EXAMINATION, CERTIFICATION,
AND APPOINTMENT
? 3323. Automatic separations; reappointment; reemployment of
annuitants
(a) An individual who reaches the retirement age prescribed for
automatic separation applicable to him may not be continued in the
civil service or in the government of the District of Columbia. An
individual separated on account of age under a statute or regulation
providing for retirement on account of age is not eligible for appoint-
ment in the civil service or in the government of the District of Colum-
bia. The President, when in his judgment the public interest so
requires, may except an individual from this subsection by Executive
order. This subsection does not apply to an individual named by a state-
ute providing for the continuance of the individual in the civil serv-
ice or in the government of the District of Columbia.. .
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(b) Notwithstanding other statutes, an annuitant as defined by sec-
tion 8331 of this title receiving annuity from the Civil Service Retire-
ment and Disability Fund is not barred by reason of his retired status
from employment in an appointive position for which he is qualified.
An annuitant so reemployed serves at the will of the appointing
authority.
(c) Notwithstanding subsection (a) of this section, a [Foreign
Service officer retired under section 1001 or 1002 of title 22 or a
Foreign Service staff officer or employee retired under section 1063
of title 22] member of the Foreign Service retired under section 812
of the Foreign Service Act of 1980 is not barred by reason of his re-
tired status from employment in a position in the civil service for
which he is qualified. An annuitant so reemployed serves at the will
of the appointing authority.
CHAPTER 35-RETENTION PREFERENCE,
RESTORATION, AND REEMPLOYMENT
SEC.
3501. Definitions ; application.
3502. Order of retention.
3503. Transfer of functions.
3504. Preference eligible ; retention ; physical qualifications ; waiver.
SUBCHAPTER II-RESTORATION AFTER ACTIVE DUTY OR
TRAINING DUTY
SUBCHAPTER III-REINSTATEMENT OR RESTORATION AFTER
SUSPENSION OR REMOVAL FOR NATIONAL SECURITY
3571. Reinstatement or restoration ; individual suspended or removed for na-
tional security.
SUBCHAPTER IV-REEMPLOYMENT AFTER SERVICE WITH AN INTER-
NATIONAL ORGANIZATION
3581. Definitions.
3582. Rights of transferring employees.
3583. Computations.
3584. Regulations.
SUBCHAPTER V-REMOVAL. REINSTATEMENT, AND GUARANTEED
PLACEMENT IN THE SENIOR. EXECUTIVE SERVICE
3591. Definitions.
3592. Removal from the Senior Executive Service.
3593. Reinstatement in the Senior Executive Service.
3594. Guaranteed placement in other personnel systems.
3595. Regulations.
SUBCHAPTER VI-REEMPLOYMENT FOLLOWING LIMITED APPOINT-
MENT IN THE FOREIGN SERVICE
3597. Reemployment following limited appointment in the Foreign Service.
* * * * * * *
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SUBCHAPTER VI-REEMPLOYMENT FOLLOWING LIM-
ITED APPOINTMENT IN THE FOREIGN SERVICE
? 3597. Reemployment following limited appointment in the For-
eign Service
An employee of any agency who accepts, with the consent of the
head of that agency, a limited appointment in the Foreign Service
under section 309 of the Foreign Service Act of 1980 is entitled, upon
shall be entitled to any within grade increases in pay which the em-
ployee would have received if the employee had remained in the
former position in the agency.
the expiration of that appointment, to be reemployed in that em-
ployee's former position or in a corresponding or higher position in
that agency. Upon reemployment under this section, an employee
Subpart D-Pay and Allowances
CHAPTER 51-CLASSIFICATION
? 5102. Definitions; application
(a) * * *
(c) This chapter does not apply to-
(1) Repealed. Pub. L. 91-375, ? 6(c) (9), Aug. 12, 1970, 84
Stat. 776;
(2) [employees in the Foreign Service of the United States
whose pay is fixed under chapter 14 of title 22] members of the
Foreign Service whose pay is fixed under the Foreign Service
Act of 1980; and positions in or under the Department of State
which are-
(A) connected with the representation of the United
States to international organizations; or
(B) specifically exempted by statute from this chapter or
other classification or pay statute;
* * * * * * *
CHAPTER 53-PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER I-PAY COMPARABILITY SYSTEM
? 5301. Policy
(a) * * *
(c) For the purpose of this subchapter, "statutory pay system"
I eans a pay system under-
(1) subchapter III of this chapter, relating to the General
Schedule; or
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[(2) subchapter IV of chapter 14 of title 22, relating to the
Foreign Service of the United States; or]
.[(3)] (2) chapter 73 of title 38, relating to the Department
of Medicine and Surgery, Veterans' Administration.
* * * * * * *
? 5303. Higher minimum rates; Presidential authority
(a) When the President finds that the pay rates in private enter-
prise for one or more occupations in one or more areas or locations are
so substantially above the pay rates of statutory pay schedules as to
handicap significantly the Government's recruitment or retention of
well-qualified individuals in positions paid under-
(1) section 5332 of this title; or
[(3)] (2) the pay scales for physicians, dentists, and nurses in
the Department of Medicine and Surgery, Veterans' Administra-
tion, under chapter 73 of title 38 [; or].
[ (4) sections 867 and 870 of title 22;]
he may establish for the areas or locations higher minimum rates of
basic pay for one or more grades or levels, occupational groups, series,
classes, or subdivisions thereof, and may make corresponding increases
in all step rates of the pay range for each such grade or level. However,
a minimum rate so established may not exceed the maximum pay rate
prescribed by statute for the grade or level. The President may author-
ize the exercise of the authority conferred on him by this section by
the Office of Personnel Management or, in the case of individuals not
subject to the provisions of this title governing appointment in the
competitive service, by such other agency as he may designate.
? 5304. Presidential policies and regulations
The functions, duties, and regulations of the agencies and the Office
of Personnel Management with respect to this subchapter, subchapter
III of this chapter, chapter 51 of this title, [chapter 14 of title 22]
the Foreign Service Act of 1980, and the provisions of chapter 73 of
title 38 relating to employees in the Department of Medicine and Sur-
gery, Veterans' Administration, are subject to such policies and regu-
lations as the President may prescribe. Among other things, the pol-
icies and regulations of the President may provide for-
(1) preparing and reporting to him the annual comparison of
Federal pay rates with private enterprise rates;
(2) obtaining and reporting to him the views of employee orga-
nizations on the annual comparison, and on other pay matters;
(3) reviewing and reporting to him on the adequacy of the
Federal statutory pay structures for the Federal programs to
which they apply;
(4) reviewing the relationship of Federal statutory pay rates
and private enterprise pay rates in specific occupation and local
areas; and
(5) providing step .increases in recognition of high quality per-
form,ance and providing for properly relating supervisory pay
rates paid under one system to those of subordinates paid under
another system.
* * * * * * *
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SUBCHAPTER II-EXECUTIVE SCHEDULE PAY RATES
* *
1? 5313. Positions at level II
Level II of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay shall be the rate deter-
mined with respect to such level under chapter 11 of title 2, as adjusted
,by section 5318 of this title :
Deputy Secretary of Defense.
Deputy Secretary of State.
Administrator, Agency for International Development.
Administrator of the National Aeronautics and Space
Administration.
Administrator of Veterans' Affairs.
Deputy Secretary of the Treasury.
Deputy Secretary of Transportation.
Chairman, Nuclear Regulatory Commission.
Chairman, Council of Economic Advisers.
Chairman, Board of Governors of the Federal Reserve System.
Director of the Bureau of the Budget.
Director of the Office of Science and Technology.
Director of the United States Arms Control and Disarmament
Agency.
Director of the United States Information Agency.
Director of Central Intelligence.
Secretary of the Air Force.
Secretary of the Army.
Secretary of the Navy.
Administrator, Federal Aviation Administration.
Director of the National Science Foundation.
Deputy Attorney General.
Director of the Special Action Office for Drug Abuse
Prevention.
Deputy Secretary of Energy.
Deputy Secretary of Agriculture.
Director of the Office of Personnel Management.
Ambassadors at Large.
CHAPTER 55-PAY ADMINISTRATION
SUBCHAPTER III-ADVANCEMENT ALLOCATION, AND
ASSIGNMENT OF PAY
? 5522. Advance payments; rates; amounts recoverable
(a) The head of each agency may provide for the advance payment
of the pay, allowances, and differentials, or any of them, covering
a period of not more than 30 days, to or for the account of each em-
ployee of the agency (or, under emergency circumstances and on a
reimbursable basis, an employee of another agency) whose [evacua-
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tion] departure (or that of his dependents or immediate family, as
the case may be) from a place inside or outside the United States [is
ordered for military or other reasons which create imminent danger
to the life or lives of the employee or of his dependents or immediate
family.] is o fcally authorized or ordered-
.(1) from a place outside the United States from which the
Secretary of State determines it is in the national interest to re-
quire the departure of some or all employees, their dependents, or
both; or
(2) from any place where there is imminent danger to the life
of the employee or the lives of the dependents or immediate fam-
ily of the employee.
(b) Subject to adjustment of the account of an employee under
section 5524 of this title and other applicable statute, the advance
payment of pay, allowances, and differentials is at rates currently
authorized with respect to the employee on the date the advance pay-
ment is made under agency procedures governing advance payments
under this subsection. The rates so authorized may not exceed the
rates to which the employee was entitled immediately before issuance
of the [evacuation] departure order.
s * * * *
? 5523. Duration of payments; rates; active service period
(a) The head of each agency may provide for-
(1) the payment of monetary amounts covering a period of not
more than 60 days to or for the account of each employee of the
agency (or, under emergency circumstances and on a reimbursable
basis, an employee of another agency) -
((A) whose evacuation from a place inside or outside the
United States is ordered for military or other reasons which
create imminent danger to the life of the employee; and]
(A) whose departure is authorized or ordered under sec-
tion 5522 (a) o f this title; and
(B) who is prevented, by circumstances beyond his control
and beyond the control of the Government of the United
States or the government of the District of Columbia, or both,
as the case may be, from performing the duties of the position
which he held immediately before issuance of the [evacua-
tion] departure order; and
(2) the termination of payment of the monetary amounts.
The President, with respect to the Executive agencies, may extend the
60-day period for not more than 120 additional days if he determines
that the extension of the period is in the interest of the United States.
(b) Subject to adjustment of the account of an employee under sec-
tion 5524 of this title and other applicable statute, each payment under
this section is at rates of pay, allowances, and differentials, or any of
them, currently authorized with respect to the employee on the date
payment is made under agency procedures governing payments under
this section. The rates so authorized may not exceed the rates to which
the employee was entitled immediately before issuance of the [evacua-
tion] departure order. An employee in an Executive agency may be
granted such additional allowance payments as the President deter-
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mines necessary to offset the direct added expenses incident to the
[evacuation] departure.
* * * * * * *
SUBCHAPTER V-PREMIUM PAY
5541. Definitions
For the purpose of this subchapter-
(1) "agency" means-
(A) an Executive agency;
(B) a military department;
(C) an agency in the judicial branch;
(D) the Library of Congress;
(E) the Botanic Garden;
(F) the Office of the Architect of the Capitol ; and
(G) the government of the District of Columbia; and
(2) "employee" means-
(A) an employee in or under an Executive agency;
(B) an individual employed by the government of the
District of Columbia; and
(C) an employee in or under the judicial branch, the Li-
brary of Congress, the Botanic Garden, and the Office of the
Architect of the Capitol, who occupies a .position subject to
chapter 51 and subchapter III of chapter 53 of this title;
but does not include-
(i) a justice or judge of the United States;
(ii) the head of an agency other than the government of
the District of Columbia;
(iii) a teacher, school official, or employee of the Board of
Education of the District of Columbia, whose pay is fixed
under chapter 15 of title 31, District of Columbia Code;
(iv) a member of the Metropolitan Police, the Fire De-
partment of the District of Columbia, the United States Park
Police, or the Executive Protection Service;
(v) a student-employee as defined by section 5351 of this
title;
(vi) Repealed. Pub. L. 91-375, ? 6(c) (16), Aug. 12, 1970,
84 Stat. 776;
(vii) an employee outside the continental United States or
in Alaska who is paid in accordance with local native pre-
vailing wage rates for the area in which employed; 4 ,
(viii) an employee of the Tennessee Valley Authority;
(ix) an individual to whom section 1291 (a) of title 50,
appendix, applies;
(x) an employee of a Federal land bank, Federal inter-
mediate credit bank, on a bank for cooperatives;
(xi) an employee whose pay is fixed and adjusted from
time to time in accordance with prevailing rates under sub-
chapter IV of chapter 53 of this title, or by a wage board or
similar administrative authority serving the same purpose,
except as provided by section 5544 of this title;
(xii) an employee of the Transportation Corps of the
Army on a vessel operated by the United States, a vessel em-
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ployee of the Environmental Science Services Administra-
tion, a vessel employee of the Department of the Interior, or
a vessel employee of the Panama Canal Commission;
(xiii) a "teacher" or an individual holding a "teaching
position" as defined by section 901 of title 20;
[(xiv) a "Foreign Service officer" within the meaning of
section 401 of the Foreign Service Act of 1946;
[(xv) a "Foreign Service information officer" as provided
for by the first section of the Act entitled "An Act to promote
the foreign policy of the United States by strengthening and
improving the Foreign Service personnel system of the Inter-
national Communication Agency through establishment of a
Foreign Service Information Officer Corps", approved
August 20,1968; or]
(xiv) a member of the Senior Foreign Service; or
[(xvi)] (xv) member of the Senior Executive Service.
* * * * * * *
SUBCHAPTER IX-SEVERANCE PAY AND BACK PAY
* * * * * * *
? 5596. Back pay due to unjustified personnel action
(a) * * *
(b) (1) An employee of an agency who, on the basis of a timely
appeal or an administrative determination (including a decision re-
lating to an unfair labor practice or a grievance) is found by appro-
priate authority under applicable law, rule, regulation, or collective
bargaining agreement, to have been affected by an unjustified or un-
warranted personnel action which has resulted in the withdrawal or
reduction of all or part of the pay, allowances, or differentials of the
employee-
(A) is entitled, on correction of the personnel action, to receive
for the period for which the personnel action was in effect-
(i) an amount equal to all or part of the pay, allowances,
or differentials, as applicable which the employee normally
would have earned or received during the period if the per-
sonnel action had not occurred, less any amounts earned by
the employee through other employment during that period;
and
(ii) reasonable attorney fees related to the personnel action
which, with respect to any decision relating to an unfair labor
practice or a grievance processed under a procedure negoti-
ated in accordance with chapter 71 of this title, or under
chapter 11 of title I of the Foreign Service Act of 1980, shall
be awarded in accordance with standards established under
section 7701(g) of this title; and
(B) for all purposes, is deemed to have performed service for
the agency during that period, except that-
(i) annual leave restored under this paragraph which is in
excess of the maximum leave accumulation permitted by law
shall be credited to a separate leave account for the employee
and shall be available for use by the employee within the time
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limits prescribed by regulations of the Office of Personnel
Management, and
(ii) annual leave credited under clause (i) of this subpara-
graph but unused and still available to the employee under
regulations prescribed by the Office shall be included in the
lump-sum payment under section 5551 or 5552 (1) of this title
but may not be retained to the credit of the employee under
section 5552 (2) of this title.
(2) This subsection does not apply to any reclassification action
nor authorize the setting aside of an otherwise proper promotion by a
selecting official from a group of properly ranked and certified candi-
dates.
(3) For the purpose of this subsection,'"grievance" and "collective
bargaining agreement" have the meanings set forth in section 7103 of
this title and (with respect to members of the Foreign Service) in sec-
tions 1101 and 1002 of the Foreign Service Act of 1980, "unfair labor
practice" means an unfair labor practice described in section 7116 of
this title and (with respect to members of the Foreign Service) in
section 1015 of the Foreign Service Act of 1980, and "personnel ac-
tion" includes the omission or failure to take an action or confer a
benefit.
CHAPTER 57-TRAVEL, TRANSPORTATION, AND
SUBSISTENCE
* * * * * * *
SUBCHAPTER II-TRAVEL AND TRANSPORTATION EX-
PENSES; NEW APPOINTEES, STUDENT TRAINEES, AND
TRANSFERRED EMPLOYEES
* * * * * * *
? 5724. Travel and transportation expenses of employees trans-
ferred; advancement of funds; reimbursement on com-
muted basis
(a) ***
* * * * * * *
(g) The allowances authorized by this section do not apply to an
employee transferred under [chapter 14 of title 22] the Foreign Serv-
ice Act of 1980.
* * * * * * *
? 5727. Transportation of motor vehicles
a) ***
e) (1) This section, except subsection (a), does not apply to-
(A) the Foreign Service of the United States; or
(B) the Central Intelligence Agency.
[(2) This section, except subsection (a), does not affect-
[(A) section 1138 of title 22; or
[(B) section 403e(4) of title 50.]
(2) This section, except subsection (a), does not affect section
1403e(4) of title 50.
* * * * * * *
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CHAPTER 59-ALLOWANCES
Sec.
5901. Uniform allowances.
5902. Increase in maximum uniform allowance.
SUBCHAPTER II-QUARTERS
5911. Quarters and facilities ; employees in the United States.
5912. Quarters in Government owned or rented buildings ; employees in foreign
countries.
5913. Official residence expenses.
SUBCHAPTER 111-OVERSEAS DIFFERENTIALS AND
ALLOWANCES
5921. Definitions.
5922. General provisions.
5923. Quarters allowances.
5924. Cost-of-living allowances.
5925. Post differentials.
5926. Compensatory time off at certain posts in foreign areas.
5927. Advances of pay.
5928. Danger pay allowance.
SUBCHAPTER III-OVERSEAS DIFFERENTIALS AND
ALLOWANCES
? 5924. Cost-of-living allowances
The following cost-of-living allowances may be granted, when ap-
plicable, to an employee in a foreign area :
(1) * * *
* * * * *
(3) A separate maintenance allowance to assist an employee
who is compelled or authorized, because of dangerous, notably
unhealthful, or excessively adverse living conditions at the em-
ployee's post of assignment in a foreign area, or for the conven-
ience of the Government, or who requests such an allowance be-
cause of special needs or hardship involving the employee or the
employee's spouse or dependents, to meet the additional expenses
of maintaining, elsewhere than at the post, the employee's spouse
or dependents, or both.
(4) An education allowance or payment of travel costs to assist
an employee with the extraordinary and necessary expenses, not
otherwise compensated for, incurred because of his service in a
foreign area or foreign areas in providing adequate education for
his dependents, as follows :
(A) An allowance not to exceed the cost of obtaining such
kindergarten, elementary and secondary educational services
as are ordinarily provided without charge by the public
schools in the United States, plus, in those cases when ade-
quate schools are not available at the post of the employee,
board and room, and periodic transportation between that
post and the nearest locality where adequate schools are
available, without regard to section 529 of title 31. The
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amount of the allowance granted shall be determined on the
basis of the educational facility used.
(B) The travel expenses of dependents of an employee to
and from a school in the United States to obtain an American
secondary or undergraduate college education, not to exceed
[(i)] in the case of dependents traveling to obtain secondary
education, one annual trip, or in the case of dependents trav-
eling to obtain undergraduate college education, two annual
trips, each way for each dependent of an employee [of the
Department of State, of the International Communication
Agency, the Department of Justice, the Central Intelligence
Agency, or the National Security Agency, or of the Agency
for International Development, or (ii) one trip each way for
each dependent of any other employee for the purpose of
obtaining each type of education]." An allowance payment
under subparagraph (A) of this paragraph (4) may not be
made for a dependent during the 12 months following his
arrival in the United States for secondary education under
authority contained in this subparagraph (B). Notwith-
standing section 5921(6) of this title, travel expenses, for the
purpose of obtaining undergraduate college education, may
be authorized under this subparagraph (B), under such reg-
ulations as the President may prescribe, for dependents of
employees who are citizens of the United States stationed in
the Canal Zone.
? 5925. Post differentials
(a) A post differential may be granted on the basis of conditions of
environment which differ substantially from conditions of environ-
ment in the continental United States and warrant additional pay as a
recruitment and retention incentive. A post differential may be granted
to an employee officially stationed in the United States who is on ex-
tended detail in a foreign area. A post differential under this subsec-
tion may not exceed 25 percent of the rate of basic pay.
(b) Any employee granted a differential under subsection (a) of
this section may be granted an additional differential for an assign-
ment to a post determined to have especially adverse conditions of en-
vironment which warrant additional pay as a recruitment and retention
incentive for the filling of positions at that post. An additional dif-
ferential for any employee under this subsection--
(1)" may be paid for each assignment to a post determined to
have such conditions;
(2). may be paid periodically or in a lump sum; and
(3) may not exceed 15 percent of the rate of basic pay of that
employee for the period served under that assignment.
$ Section 510 of Public Law 96-53 struck out "one annual trip each way for each depend-
ent of an employee of the Department of State or the United States Information Agency,
or" and inserted in lieu thereof "(I) in the case of dependents traveling to obtain secondary
education, one annual trip, or in the case of dependents traveling to obtain undergraduate
college education, two annual trips, each way or each dependent of an employee of the
Department of State, of the International Communication Agency, or of the Agency for
International Development, or (ii).". Section 502 of Public Law 96-100 struck out "or the
United States Information Agency," and inserted In lieu thereof the: following : ", the Inter-
national Communication Agency, the .Central -Intelligence Agency, or the National Secu-
rity-Agency, Section 4(h).of Public Law 96-182 inserted "the Department of Justice,"
after "the International Communication Agency,".
I;
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? 5927. Advances of pay
Up to three months' pay may be paid in advance to an employee
upon the assignment of the employee to a post in a foreign area.
? 5928. Danger pay allowance
An employee serving in a foreign area may be granted a danger pay
allowance on the basis of civil insurrection, civil war, terrorism, or
wartime conditions which threaten physical harm or imminent danger
to the health or well-being of the employee. A danger pay allowance
may not exceed twenty-Five percent of the basic pay of the employee.
CHAPTER 63-LEAVE
SUBCHAPTER I-ANNUAL AND SICK LEAVE
? 6301. Definitions
For the purpose of this subchapter-
(1) "United States", when used in a geographical sense, means
the several States and the District of Columbia; and
(2) "employee" means-
(A) an employee as defined by section 2105 of this title;
and
(B) an individual employed by the government of the
District of Columbia;
but does not include-
(i) a teacher or librarian of the public schools of the Dis-
trict of Columbia;
(ii) a part-time employee who does not have an estab-
lished regular tour of duty during the administrative work-
week ;
(iii) a temporary employee engaged in construction work
at an hourly rate;
(iv) an employee of the Panama Canal Commission when
employed on the Isthmus of Panama;
(v) a physician, dentist, or nurse in the Department of
Medicine and Surgery, Veterans' Administration;
(vi) an employee of either House of Congress or of the
two Houses ;
(vii) an employee of a corporation supervised by the Farm
Credit Administration if private interests elect or appoint
a member of the board of directors;
(viii) an alien employee who occupies a position outside
the United States, except as provided by section 6310 of this
title;
(ix) a "teacher" or an individual holding a "teaching
position" as defined by section 901 of title 20;
(x) an officer in the executive branch or in the government
of the District of Columbia who is appointed by the Presi-
dent and whose rate of basic pay exceeds the highest rate
payable under section 5332 of this title;
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(xi) an officer in the executive branch or in the government
of the District of Columbia who is designated by the Presi-
dent, except a postmaster, United States attorney, or United
States marshal;
(xii) [an officer who receives pay under section 866 of title
22] a chief of missions (as defined in section 102 (a) (3) of
the Foreign Service Act of 1980) ; or
(xiii) an officer in the legislative or judicial branch who is
appointed by the President.
Notwithstanding clauses (x)-(xii) of paragraph (2), the term
"employee" includes any member of the Senior Foreign Service or
any Foreign Service officer (other than a member or officer serving
as chief of mission or in a position in the Department of State which
requires appointment by and with the advice and consent of the Senate)
and any member of the Foreign Service commissioned as a diplomatic
or consular officer, or both, under section 312 of the Foreign Service
Act of 1980.
? 6304. Annual leave; accumulation
(a) Except as provided by subsections (b), (d), (e), [and (f)]
(f), and (g) of this section, annual leave provided by section 6303 of
this title, which is not used by an employee, accumulates for use in
succeeding years, until it totals not more than 30 days at the beginning
of the first full biweekly pay period, or corresponding period for an
employee who is not paid on the basis of biweekly pay periods, occur-
ring in a year.
* * * * * * *
(g) Annual leave accrued by a member of the Senior Foreign Serv-
ice shall not. be subject to the limitation on accumulation otherwise im-
posed by this section.
? 6305. Home leave; leave for Chiefs of Missions; leave for crews
of vessels
(a) After 24 months of continuous service outside the United States,
an employee may be granted leave of absence, under regulations of
the President, at a rate not to exceed 1 week for each 4 months of that
service without regard to other leave provided by this subchapter.
Leave so granted-
(1) is for use in the United States, or if the employee's place
of residence is outside the area of employment, in its territories
or possessions including the Commonwealth of Puerto Rico;
(2) accumulates for future use without regard to the limita-
tion in section 6304 (b) of this title; and
(3) may not be made the basis for terminal leave or for a
lump-sum payment.
(b) The President may authorize leave of absence to [an officer]
a chief of mission excepted from this subchapter by section 6301(2)
(xii) of this title for use in the United States and its territories or
possessions. Leave so authorized does not constitute a leave system
and may not be made the basis for a lump-sum payment.
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Subpart F-Labor-Management and Employee Relations
CHAPTER 71-LABOR-MANAGEMENT RELATIONS
* * * * * * *
? 7103. Definitions; application
(a) For the purpose of this chapter-
(1) "person" means an individual, labor organization, or
agency;
(2) "employee" means an individual-
(A) employed in an agency; or
(B) whose employment in an agency has ceased because of
any unfair labor practice under section 7116 of this title and
who has not obtained any other regular and substantially
equivalent employment, as determined under regulations pre-
scribed by the Federal Labor Relations Authority ;
but does not include-
(i) an alien or noncitizen of the United States who occupies
a position outside the United States;
(ii) a member of the uniformed services;
(iii) a supervisor or a management official;
(iv) an officer or employee in the Foreign Service of the
United States employed in the Department of State, [the
Agency for International Development, or] the International
Communication Agency, the United States International De-
velopment Cooperation Agency, the Department of Agricul-
ture, or the Department of Commerce; or
(v) any person who participates in a strike in violation
of section 7311 of this title;
CHAPTER 83-RETIREMENT
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SUBCHAPTER III-CIVIL SERVICE RETIREMENT
?8332. Creditable service
(a) The total service of an employee or Member is the full years and
twelfth parts thereof, excluding from the aggregate the fractional
part of a month, if any.
(b) The service of an employee shall be credited from the date of
original employment to the date of separation on which title to an-
nutty is based in the civilian service of the Government. Credit may
not be allowed for a period of separation from the service in excess of
3 calendar days. The service includes-
(1) employment as a substitute in the postal field service;
(2) service in the Pan American Sanitary Bureau;
(3) subject to sections 8334 (c) and 8339 (i) of this title, service
performed before July 10, 1960, as an employee of a county com-
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258
mittee established under section 590h (b) of title 16 or of a com-
mittee or an association of producers described by section 610(b)
of title 7;
(4) service as a student-employee as defined by section 5351
of this title only if he later becomes subject to this subchapter;
(5) a period of satisfactory service of a volunteer or volunteer
leader under chapter 34 of title 22 only if he later becomes sub-
ject to this subchapter;
(6) employment under section 709 of title 32 or any prior corre-
sponding provision of law;
(7) a period of service of a volunteer under part A of title VIII
of the Economic Opportunity Act of 1964, or a period of service
of a full-time volunteer enrolled in a program of at least one
year's duration under part A, B or C of title I of the Domestic
Volunteer Service Act of 1973 only if he later becomes subject to
this subchapter;
(8) subject to sections 8334 (c) and 8339 (i) of this title, service
performed on or after February 18, 1929, and before noon on Jan-
uary 3,1971, as a United States Capitol Guide; [and]
(9) subject to sections 8334(c) and 8339(i) of this title, service
as a substitute teacher for the government of the District of
Columbia after July 1, 1955, if such service is not credited for
benefits under any other retirement system established by a law of
the United States[.] ; and
(10) periods of imprisonment of a foreign national for which
compensation is provided under section 410 of the Foreign Service
Act of 1980, if the individual (A) was subject to this subchapter
during employment with the Government last preceding impris-
onment, or (B) is qualified for an annuity under this subchapter
on the basis of other service of the individual.
* *
CHAPTER 85-UNEMPLOYMENT COMPENSATION
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SUBCHAPTER I-EMPLOYEES GENERALLY
? 8501. Definitions
For the purpose of this subchapter-
(1) "Federal service" means service performed after 1952 in
the employ of the United States or an instrumentality of the
United States which is wholly or partially owned by the United
States, but does not include service (except service to which sub-
chapter II of this chapter applies) performed-
(A) by an elective official in the executive or legislative
branch ;
(B) as a member of the armed forces;
(C) by [Foreign Service personnel for whom special sepa-
ration allowances are provided under chapter 14 of title 22]
members of the Foreign Service for whom payments are pro-
vided under section 609(b) (1) of the Foreign Service Act
of 1980;
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