FOREIGN SERVICE ACT OF 1980 REPORT OF THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE ON H.R. 6790

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000100100002-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 296
• Document Creation Date: December 21, 2016
• Document Release Date: October 28, 2008
• Sequence Number: 2
• Publication Date: May 15, 1980
• Content Type: REPORT

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RE COPY
FOREIGN SERVICE ACT OF 1980
REPORT
OF THE
COMMITTEE ON POST OFFICE AND
CIVIL SERVICE
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
U.S. GOVERNMENT PRINTING OFFICE
59-4130 WASHINGTON :1980
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COMMITTEE ON POST OFFICE AND CIVIL SERVICE
JAMES M. HANLEY, New York, Chairman
MORRIS K. UDALL, Arizona, Vice Chairman
CHARLES H. WILSON, California
WILLIAM D. FORD, Michigan
WILLIAM (BILL) CLAY, Missouri
PATRICIA SCHROEDER, Colorado
GLADYS NOON SPELLMAN, Maryland
HERBERT E. HARRIS II, Virginia
ROBERT GARCIA, New York
GEORGE THOMAS (MICKEY) LELAND,
Texas
GERALDINE A. FERRARO, New York
DONALD JOSEPH ALBOSTA, Michigan
JOHN J. CAVANAUGH, Nebraska
GUS YATRON, Pennsylvania
MARY ROSE OAKAR, Ohio
EDWARD J. DERWINSKI, Illinois
GENE TAYLOR, Missouri
BENJAMIN A. GILMAN, New York
JIM LEACH, Iowa
TOM CORCORAN, Illinois
JAMES A. COURTER, New Jersey
CHARLES PASHAYAN, JR., California
WILLIAM E. DANNEMEYER, California
DANIEL B. CRANE, Illinois
DAVID MINTON, Executive Director and General Counsel
THEODORE J. KAZY, Minority Staff Director
ROBERT E. LOCKHART, Deputy General Counsel
JAMES PIERCE MYERS, Assistant General Counsel
SUBCOMMITTEE ON THE CIVIL SERVICE
PATRICIA SCHROEDER, Colorado, Chairwoman
MORRIS K. UDALL, Arizona JIM LEACH, Iowa
HERBERT E. HARRIS II, Virginia GENE TAYLOR, Missouri
WILLIAM (BILL) CLAY, Missouri CHARLES PASHAYAN, JR., California
GUS YATRON, Pennsylvania JAMES A. COURTER, New Jersey
ANDREW FEINSTEIN, Subcommittee Staff Director
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CONTENTS
Pags
Amendments------------------------------------------------------
1
Explanation of amendments----------------------------------------
11
Purpose----------------------------------------------------------
14
Committee action-------------------------------------------------
14
Statement---------------------------= ---------------------------
15
Summary of major purposes:
1. Codification-----------------------------------------------
15
2. Flow-----------------------------------------------------
15
3. Simplification----------------------------------------------
16
4. Compatibility---------------------------------------------
- 16
5. Interchange-----------------------------------------------
17
6. Pay comparability-----------------------------------------
17
7. Senior Foreign Service--------------------------------------
18
8. Labor-management relations--------------------------------
19
9. Former spouses--------------------------------------------
20
10. Family member employment--------------------------------
20
Major provisions by chapter----------------------------------------
21
Title I-The Foreign Service of the United States-----------------
21
Chapter 1------------------------------------------------
21
Chapter 2------------------------------------------------
22
Chapter 3------------------------------------------------
25
Chapter 4------------------------------------------------
25
Chapter 5------------------------------------------------
26
Chapter 6------------------------------------------------
27
Chapter 7------------------------------------------------
29
Chapter 8------------------------------------------------
29.
Chapter 9------------------------------------------------
30
Chapter 10-----------------------------------------------
31
Chapter 11-----------------------------------------------
32
Title II-Transition, amendment to other laws, repeals and Miscel-
laneous provisions-----------------------------------
33
Chapter 1------------------------------------------------
33
Chapter 2------------------------------------------------
35
Chapter 3------------------------------------------------
35
Chapter 4------------------------------------------------
36
Section by section analysis------------------------------------------
36
Title I-The Foreign Service of the United States-----------------
36
Chapter 1-General provisions------------------------------
36
Chapter 2-Management of the Service----------------------
43
Chapter 3-Appointments----------------------------------
49
Chapter 4-Compensation----------------------------------
57
Chapter 5-Classification of positions and assignments---------
65
Chapter 6-Promotion and retention-----------------------
69
Chapter 7-Foreign Service Institute------------------------
77
Chapter 8-Foreign Service Retirement and Disability System--
80
Chapter 9-Travel, leave, and other benefits------------------
92
Chapter 10-Labor-management relations--------------------
97
Chapter 11-Grievance------------------------------------
106
Title II-Transition, amendment to other laws, repeals and miscel-
laneous provisions-----------------------------------
110
Chapter 1-Transition-------------------------------------
110
Chapter 2-Amendments relating to foreign affairs agencies-----
113
Chapter 3-Amendments to title 5, United States Code--------
118
Chapter 4-Saving provisions, congressional oversight, and effec-
tive date-------------------------------------
120
Congressional Budget Office cost estimate----------------------------
121
Oversight---------------------------------------------------------
129
Inflationary impact statement--------------------------------------
129
Administration views----------------------------------------------
129
Supplemental views------------------------------------------------
286
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96TH CONGRESS HOUSE OF REPRESENTATIVES RErr. 96-
2d Session j 1 992, Part 2
Mrs. SCHROEDER, from the Committee on Post Office and Civil
Service, submitted the following
REPORT
together with
SUPPLEMENTAL VIEWS
[To accompany H.R. 6790 which on March 12, 1980, was referred jointly to the
Committee on Foreign Affairs and the Committee on the Post Office and Civil
Service]
[Including cost estimate of the Congressional Budget Office]
The Committee on Post Office and Civil Service, to whom was re-
ferred 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,
report favorably thereon with amendments and recommend 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 :
Page 2, in the item relating to section 209 within the table of con-
tents, strike out "of the Foreign Service".
Page 5, in the table of contents, redesignate the items relating to sec-
tions 2305 through 2313 as relating to sections 2306 through 2314, re-
spectively, and insert after the item relating to section 2304 the
following :
See. 2305. Severance pay.
Page 15, line 9, strike out "of the Foreign Service" and insert in lieu
thereof "of the Department of State and the Foreign Service".
Page 18, strike out line 3 and all that follows down through line 10,
and insert in lieu thereof the following :
SEC..202. OTHER AGENCIES UTILIZING THE FOREIGN SERVICE
PERSONNEL SYSTEM.-(a) The Director of the International
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Communication Agency and the Director of the United
States International Development Cooperation Agency with
respect to their respective agencies, the Secretary of Agricul-
ture with respect to the Foreign Agricultural Service, and
the Secretary of Commerce with respect to those employees
of the Department of Commerce performing functions trans-
ferred to the Department of Commerce from the Department
of State b Reorganization Plan No. 3 of 1979 may utilize the
Foreign Service personnel system in accordance with this
Act.
Page 21, beginning on line 15, strike out all. of section 209 through
line 15 on page 26 and insert in lieu thereof the following :
SEC. 209. INSPECTOR GENERAL.-(a) (1) There shall be an
Inspector General of the Department of State and the For-
eign Service, who shall be appointed by the President, by and
with the advice and consent of the Senate, without regard to
political affiliation from among individuals exceptionally
qualified for the position by virtue of their integrity, and
their demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration,
investigations, or their knowledge and experience in the con-
duct of foreign affairs. The Inspector General shall report
to and be under the general supervision of the Secretary of
State. Neither the Secretary of State nor any other officer of
the Department shall prevent or prohibit the Inspector Gen-
eral from initiating, carrying out, or completing any audit
or investigation, or from issuing any subpena during the
course of any audit or investigation. The Inspector General
shall periodically (at least every 5 years) inspect and audit
the administration of activities and operations of each For-
eign Service post and each bureau and other operating unit
of the Department of State, and shall perform such other
functions as the Secretary of State may prescribe, except that
the Secretary of State shall not assign to the Inspector Gen-
eral any program operating responsibilities.
(2) The Inspector General may be removed from office by
the President. The President shall communicate the reasons
for any such removal to both Houses of Congress.
(3) The Inspector General shall, in accordance with ap-
plicable law governing the civil service-
(A) appoint an Assistant Inspector General for Au-
diting who shall have the responsibility for supervising
the performance of auditing activities under this section;
and
(B) appoint an Assistant Inspector General for In-
vestigations who shall have the responsibility for super-
vising the performance of investigative activities under
this section.
(b) Inspection, investigations, and audits conducted by
or under the direction of the Inspector General shall include
the systematic review and evaluation of the administration
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of activities and operations of Foreign Service posts and
bureaus and other operating units of the Department of State,
includin an examination of-
whether financial transactions and accounts are
properly conducted, maintained, and reported;
(2) whether resources are being used and managed
with the maximum degree of efficiency, effectiveness, and
economy ;
(3) whether the administration of activities and op-
erations meets the requirements of applicable laws and
regulations and, specifically, whether such administra-
tion is consistent with the requirements of section 105;
(4) whether there exist instances of fraud or other
serious problems, abuses, or deficiencies, and whether
adequate steps for detection, correction, and prevention
have been taken; and
(5) whether policy goals and objectives are being ef-
fectively achieved and whether the interests of the United
States are being accurately and effectively represented.
(c) (1) The Inspector General shall develop and imple-
ment policies and procedures for the inspection and audit
activities carried out under this section. These policies and
procedures shall be consistent with the general policies and
guidelines of the Government for inspection and audit activ-
ities and shall comply with the standards established by the
Comptroller General of the United States for audits of Gov-
ernment agencies, organizations, programs, activities, and
functions.
(2) In carrying out the duties and responsibilities estab-
lished under this section, the Inspector General shall give
particular regard to the activities of the Comptroller General
of the United States with a view toward insuring effective co-
ordination and cooperation.
(3) In carrying out the duties and responsibilities estab-
lished under this section, the Inspector General shall report
expeditiously to the Attorney General whenever the Inspec-
tor General has reasonable grounds to believe there has been
a violation of Federal criminal law.
(d) (1) The Inspector General shall keep the Secretary of
State fully and currently informed, by means of the reports
required by paragraphs (2) and (3) and otherwise, concern-
ing fraud and other serious problems, abuses, and deficiencies
relating to the administration of activities and operations
administered or financed by the Department of State.
(2) The Inspector General shall, not later than April 30
of each year, prepare and furnish to the Secretary of State
an annual report summarizing the activities of the Inspector
General. Such report shall include-
(A) a description of significant problems, abuses, and
deficiencies relating to the administration of activities
and operations of Foreign Service posts, and bureaus and
other operating units of the Department of State, which
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were disclosed by the Inspector General within the re-
porting period;
(B) a description of the recommendations for correc-
tive action made by the Inspector General during the re-
porting period with respect to significant problems,
abuses, or deficiencies described pursuant to subpara-
graph A $I
(C) an identification of each significant recommenda-
tion described in previous annual reports on which cor-
rective action has not been completed;
(D) a summary of matters referred to prosecutive au- w
thorities and the prosecutions and convictions which have
resulted ; and
(E) a listing of each audit report completed by the
Inspector General during the reporting period.
The Secretary of State shall transmit a copy of such annual
report within 30 days after receiving it to the Committee on
Foreign Relations of the Senate and the Committee on For-
eign Affairs of the House of Representatives and to other
appropriate committees, together with a report of the Secre-.
tary of State containing any comments which the Secretary
of State deems appropriate. Within 60 days after transmit-
ting such reports to those committees, the Secretary of State
shall make copies of them available to the public upon request
and at a reasonable cost.
(3) The Inspector General shall report immediately to the
Secretary of State whenever the Inspector General becomes
aware of particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of activities and
operations of Foreign Service posts or bureaus or other oper-
ating units of the Department of State. The Secretary of
State shall transmit any such report to the Committee on
Foreign Relations of the Senate and the Committee on For-
eign Affairs of the House of Representatives and to other
appropriate committees within 7 days after receiving it, to-
gether with a report by the Secretary of State containing any
comments the Secretary of State deems appropriate.
(4) Nothing in this subsection shall-be construed to author-
ize the public disclosure by any individual of any informa-
tion which is-
(A) specifically prohibited from disclosure by any ?
other provision of law; or
(B) specifically required by Executive order to be kept
secret in the interest of national defense or the conduct of
for'ign affairs.
(e) (1)' The Inspector General shall have the same authority
in carrying out the provisions of this section as is granted
under section 6 of the Inspector General Act of 1978 to each
Inspector General of an establishment (as defined in section
11(2) of such Act) for carrying out the provisions of that
Act, and the responsibilities of other officers of the Govern-
ment to the Inspector General shall be the same as the respon-
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sibilities of the head of an agency. or establishment under
section 6 (b) and (c) of such Act.
(2) At the request of the Inspector General, employees
of the Department and members of the Service may be
assigned as employees of the Inspector General. The indi-
viduals so assigned and individuals appointed pursuant to
? paragraph (1) shall be responsible solely to the Inspector
General, and the Inspector General shall prepare the per-
formance evaluation reports for such individuals.
(f) (1) The Inspector General may receive and investigate
complaints or information from a member of the Service or
employee of the Department concerning the possible existence
of an activity constituting a violation of laws or regulations,
constituting mismanagement, gross waste of funds, or abuse
of authority, or constituting a substantial and specific danger
to public health or safety.
(2) The Inspector General shall not, after receipt of a
complaint or information from a member of the Service or
employee of the Department, disclose the identity of such
individual without the consent of such individual, unless
the Inspector General determines such disclosure is un-
avoidable during the course of the investigation.
(g) Under the general supervision of the Secretary of
State, the Inspector General may review activities and oper-
ations performed under the direction, coordination, and
supervision of chiefs of mission for the purpose of ascertain-
ing their consonance with the foreign policy of the United
States and their consistency with the responsibilities of the
Secretary of State and the chief of mission.
Page 37, strike out subsection (c) (beginning on line 6 and ending
on line 10).
Page 39, in the table below line 15, strike out "GS-7", "GS-6",
"GS-5", and "GS-4" and insert in lieu thereof "GS-8", "GS-7",
"GS-6", and "GS-5", respectively.
Page 49, line 18, after "the member" insert "and notwithstanding
sections 5535 and 5536 of title 5, United States Code".
Page 51, line 24, immediately before "The" insert "(a) ".
Page 52, after line 12, insert the following new subsection :
(b) A position in the United States may be designated
as a Foreign Service position under subsection (a) only if
the Secretary determines-
(1) (A) that the functions of the position cannot be
performed without significant experience abroad in the
conduct of foreign affairs, or
(B) that the position is required to be designated'
as a Foreign Service position-
(i) to provide opportunities for rotation of
members of the Service from assignments abroad
to assignments in the United States; or
(ii) to provide training for future assignments
abroad, and
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(2) that the advantages of continuity of incumbency
or specialized skill in the position do not outweigh the
advantages from its designation under this subsection.
Page 59, line 23, strike out "of the Foreign Service" and insert in
lieu thereof "of the Department of State and the Foreign Service".
Page 64, beginning on line 9, strike, out "in light of the
recommendations of selection boards established under section 602
and the needs of the service" and insert in lieu thereof "in accordance
with the recommendations of selection boards established under
section 602".
Page 77, line 20, strike out "for not less than 10 years".
Page 79, strike out line 4 and all that follows down through line 10.
Page 79, line 11, strike out "(11) " and insert in lieu thereof " (10) ".
Page 80, line 1, strike out "(12)" and insert in lieu thereof "(11)".
Page 80, line 7, strike out " (13) " and insert in lieu thereof " (12) ".
Page 84, strike out line 17 and all that follows down through line
20 on page 86 and insert in lieu thereof the following :
(b) (1) (A) Any married participant who retires shall
receive a reduced annuity and provide a maximum survivor
annuity for his or her spouse unless the participant elects in
writing at the time of retirement to waive or reduce the
maximum survivor annuity for his or her spouse. Any election
by any participant under the preceding sentence shall not
be considered valid unless the participant establishes to the
satisfaction of the Secretary of State (i) that the spouse
has been notified of the loss of or reduction in survivor
benefits or (ii) that the participant has complied with such
notification requirements as the Secretary of State shall, by
regulation, prescribe.
(B) If a participiant or former participant has a former
spouse for whose benefit a survivor annuity is required to
be provided by the terms of any court order under section
820(b) (2), the participant shall receive a reduced annuity
and provide a survivor annuity for that former spouse
under section 814(a).
(2) The annuity of a participant or former participant,
excluding any portion of the annuity not designated or
committed as a base for any survivor annuity, shall be
reduced by 21/2 percent of the first $3,6000 plus 10 percent
of any amount over $3,600.
(3) (A) If a former participant entitled to receive a
reduced annuity under this subsection dies and is survived
by a spouse, a survivor annuity shall be paid to the surviving
spouse equal to 55 percent of the full amount of the
participant's annuity computed under subsection (a), or 55
percent of any lesser amount elected as the base for the
survivor benefit under paragraph (1) (A).
(B) Notwithstanding subparagraph (A), the amount of
the annuity calculated under subparagraph (A) for a
surviving spouse in any case in which there is also a
surviving former spouse of the participant who qualifies
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for an annuity under section 814(a) may not exceed 55
percent of the portion (if any) of the base for
survivor benefits which remains available under section
814(a) (4) (B).
(4) An annuity payable from the Fund to a. surviving
spouse shall commence on the day after the annuitant dies
and shall terminate on the last day of the month before (A)
the death of the surviving spouse, or (B) if the surviving
spouse remarries prior to attaining the age of 60 years, such
remarriage. If a survivor annuity is terminated because of
remarriage, it shall be restored at the same rate commending
on the date such remarriage is terminated if any lump sum
paid upon termination of the annuity is returned to the
Fund.
Page 89, line 8, strike out "804(12)" and insert in lieu thereof
"804 (11) ".
Page 89, line 17, strike out "or surviving former spouse".
Page 90, line 1, strike out "(1) ".
Page 90, beginning on line 3, strike out "and his or her spouse
jointly elect" and insert in lieu thereof "elects".
Page 90, strike out line 13 and all that follows down through
line 18.
Page 90, line 25, after "reduced" insert ", subject to any reduction
required to provide a survivor benefit under section 814 (a) ".
Page 91, line 9, strike out "814(b) (5)" and insert in lieu thereof
"814(a)(5)"
Page 98, lines 10 and 14, strike out "814(b)" and insert in lieu
thereof "814(a) ".
Page 100, beginning on line 3, strike out "or surviving former
spouse who was married to the participant during the period of
recall service".
Page 100, beginning on line 11, strike out "or such a surviving
former spouse".
Page 100, line 15, after the period insert the following new sentence :
"Any surviving former spouse who was married to the par-
ticipant during the period of recall service shall be entitled
to have the same election rights with respect to an annuity
under section 814 (a) that a surviving spouse has under this
subsection if and to the extent expressly provided in a court
order under section 820(b) (2).".
Page 100, line 18, strike out "814(b)" and insert in lieu thereof
"814(a)".
Page 101, line 21, strike out "60" and insert in lieu thereof "65".
Page 102, lines 1, 6, and 9, strike out "60" and insert in lieu thereof
"65".
Page 102, strike out section 814, beginning on line 20 and ending
on line 3 of page 110 and insert in lieu thereof the following :
SEC. 814. FORMER SPOUSES.- (a) (1) If a court order under
section 820(b) (2) expressly so provides, in the case of any
participant who is entitled to receive an annuity and who is
survived by a former spouse, the former spouse shall be en-
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titled to a survivor annuity in an amount which shall be de-
termined by or in accordance with the provisions of that
court order if the court order is consistent with the provisions
of this chapter.
(2) A former spouse shall not be qualified for an annuity
under this subsection if before the commencement of that
annuity the former spouse remarries before becoming 60
years of age.
(3) An annuity payable from the Fund to a surviving
former spouse under this subsection shall commence on the
day the annuitant dies 'and shall terminate on the last day of
the month before the former spouse's death or remarriage be-
fore attaining age 60. If such a survivor annuity is terminated
because of remarriage it shall be restored at the same rate
commencing on the date such remarriage is terminated if any
lump sum paid upon termination of the annuity is returned to
the Fund.
(4) (A) The maximum survivor annuity or annuities for
any spouse or former spouse or combination of such survivor
annuities, under this subsection (and section 806) with re-
spect to any participant or former participant may not ex-
ceed 55 percent of the full amount of the participant's an-
nuity, as calculated under section 806.
(B) Once a survivor annuity has been provided for under
this subsection (or section 806) for any spouse or former
spouse of a participant or former participant, a survivor an-
nuity may thereafter be provided for a spouse or former
spouse of that participant under this subsection (or section
806) only for that portion (if any) of the maximum avail-
able which is not committed for survivor benefits for any
spouse or former spouse whose prospective right to such an-
nuity has not terminated.
(C) After the death of a participant or former participant,
a court order under section 820(b) (2) may not adjust the
amount of the annuity of any former spouse under this
subsection.
(5) (A) For each full month after a former spouse of a
participant dies or remarries before attaining age 60, the
annuity of the participant, if reduced to provide a survivor
annuity for that former spouse, shall be recomputed and
paid as if the annuity had not been so reduced unless an
election is in effect under subparagraph (B).
(B) Subject to paragraph (4) (B), the participant may
elect in writing within one year after the death or remar-
riage of the former spouse to continue the reduction in order
to provide a higher survivor annuity under section 806 (b) (3)
for any spouse of the participant.
(b) (1) In the case of any participant or formr participant
providing a survivor annuity 'benefit under subsection (a)
for a former spouse pursuant to a court order under section
820(b) (2), such participant may elect an additional survivor
annuity under this subsection for any other former spouse
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or spouse surviving the participant, if the participant satis-
factorily passes a physical examination as prescribed by the
Secretary of State.
(2) Neither the total amount of survivor annuity or an-
nuities elected under this subsection with respect to any
participant or former participant, nor the survivor annuity
or annuities for any one surviving spouse or former spouse
of such participant under this section and section 806(b) (3),
shall exceed 55 percent of the full amount of the partici-
pant's annuity, as computed under section 806 (a).
(3) (A) In accordance with regulations which the Secretary
of State shall prescribe, the participant involved shall pro-
vide for any annuity under this subsection-
(i) by a reduction in the annuity or salary of the
participant,
(ii) by a lump sum payment or installment payments
to the Fund, or
(iii) by any combination of such reduction and
payments.
(B) The present value of the total amount to accrue to
the Fund under subparagraph (A) to provide any annuity
under this subsection shall actuarially equivalent in value to
such annuity, as calculated upon such tables of mortality as
may from time to time be prescribed for this purpose by the
Secretary of State.
(C) If a former spouse predeceases the participant or re-
marries before attaining age 60 (or, in the case of a spouse,
the spouse does not qualify as a former spouse upon dis-
solution of the marriage) -
(i) if an annuity or salary reduction under subpara-
graph (A) is in effect for that spouse or former spouse,
the annuity or salary shall be recomputed and paid as
if it had not been reduced, and
(ii) any amount accruing to the Fund under subpara-
graph (A) shall be refunded, but only to the extent
that such amount may have exceeded the actuarial cost
of providing benefits under this subsection for the
period such benefits were provided, as determined under
regulations prescribed by the Secretary of State.
(4) An annuity payable under this subsection to a spouse
? or former spouse shall commence on the day after the partici-
pant dies and shall terminate on the last day of the month
before the former spouse's death or remarriage before attain-
ing age 60.
(5) Section 826 shall not apply to any annuity under this
subsection, unless authorized under regulations prescribed by
the Secretary of State, and any annuity under this subsection
shall not be considered as a survivor annuity for purposes of
the provisions of section 806(h) requiring an election of cer-
tain survivor benefits.
(c) Section 806(1) shall not apply to any annuity payable
under subsection (a) -or (b). -
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Page 110, beginning on line 8, strike out " (and to any former
spouse" and all that follows down through line 9 and insert in lieu
thereof a period.'
Page 110, strike out line 18 and all that follows down through line
20 and insert in lieu thereof a period.
Page 113, strike out subsection (i) of section 815, beginning on line
16 and ending on line 7 of page 114.
Page 118, strike out subsection (i) of section 816, beginning on
line 20 and ending on line 14 of page 119.
Page 121, strike out line 10 and all that follows down through line
15 of, page 122 and insert in lieu thereof the following :
(b) (1) Payments under this chapter which would other-
wise be made to a participant or annuitant based upon his
or her service shall be paid (in whole or in part) by the
Secretary to another person 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 agreement incident to any court
decree of legal separation.
(2) Any former spouse of a participant or former partici-
pant shall be entitled to a survivor annuity under section
814(a) of this chapter if and to the extent expressly so pro-
vided for in the terms of a court decree of divorce or annul-
ment, or the terms of any court order incident to such decree.
(3) This subsection shall not apply in the case of any court
decree or order which is inconsistent with the requirements
of this chapter, as determined by the Secretary of State.
Page 122, line 16, strike out "(3)" and insert in lieu thereof "(4)".
Page 122, line 22, strike out "(4)" and insert in lieu thereof "(5)".
Page 122, strike out line 24 and all that follows down through line
4 on page 123.
Page 147, line 8, strike out "of the Foreign Service" and insert in
lieu thereof "of the Department of State and the Foreign Service".
Page 154, line 23, strike out "Columbia," and all that follows down
through line 25 and insert in lieu thereof "Columbia.".
Page 169, beginning on line 13, strike out "the operations of the
Department," and all that follows down through line 17, and insert
in lieu thereof "the Department in a labor-management dispute if
such picketing interferes with the Department's operations, or".
Page 170, after line 5, insert the following :
Nothing in paragraph (7) of this subsection shall result in
any informational picketing in the United States which does
not interfere with the Department's operations being con-
sidered as an unfair labor practice.
Page 205, strike out line 10 and all that follows down through
line 17.
Page 206, line 1, strike out "(D)" and insert in lieu thereof "(C)".
Page 240, after line 5, insert the following new section :
SEC. 2305. SEVERANCE PAY.-Section 5595 (a) (2) (vi) of
title 5, United States Code, is amended by inserting after "to
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receive" the following: "benefits under section 609(b) (1) of
the Foreign Service Act of 1980 or any".
Page 240, line 6, strike out "Sec. 2305." and insert in lieu thereof
"Sec. 2306.".
Page 240, line 21, strike out "Sec. 2306." and insert in lieu thereof
"Sec. 2307.".
Page 241, line 6, strike out "Sec. 2307." and insert in lieu thereof
"Sec. 2308.".
Page 241, line 10, strike out "See. 2308." and insert in lieu thereof
"Sec. 2309.".
Page 242, line 8, strike out "Sec. 2309." and insert in lieu thereof
"Sec. 2310.".
Page 242, line 18, strike out "Sec. 2310." and insert in lieu thereof
"Sec. 2311.".
Page 243, line 9, strike out "Sec. 2311." and insert in lieu thereof
"Sec. 2312.".
Page 244, line 6, strike out "Sec. 2312." and insert in lieu thereof
"Sec. 2313.".
Page 244, line 20, strike out "Sec. 2313." and insert in lieu thereof
"Sec. 2314.".
Page 250, strike out line 13 and all that follows down through
line 22 and insert in lieu thereof the following :
(2) The provisions of such chapter regarding the
rig is of any former spouse to any annuity under 814 (a)
shall apply only with respect to an individual who, after
such effective date, becomes the former spouse of a par-
ticipant or a former participant in the Foreign Service
Retirement and Disability System.
EXPLANATION OF AMENDMENTS
The amendment to page 2 is a conforming amendment necessitated
by the amendment to section 209 of the bill, discussed below.
The amendments to page 5 to the table of contents are conforming
amendments to reflect the addition of a new section 2305, discussed
below, and to redesignate certain sections.
The amendment to page 15 is a conforming amendment necessitated
by the amendment to section 209 of the bill, discussed below.
The amendment to page 18 revises section 202(a) of the bill. Sec-
tion 202(a), as introduced, allows the Departments of Agriculture and
Commerce unrestricted, department-wide use of the Foreign Service
personnel authorities provided by the bill. This was not intended, and
could result in preferential treatment being accorded employees of
those departments which is not provided to overseas employees of the
Department of Defense and other domestic agencies. The amendment
restricts the use of the Foreign Service personnel authorities by these
departments. Under the amendment the Department of Agriculture
may use the authorities only with respect to the Foreign Agricultural
Service, and the Department of Commerce only with respect to those
employees of the Department performing functions transferred to
the Department from the Department of State by Reorganization
Plan No. 3 of 1979.
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The amendment to age 21 revises section 209 in its entirety. Sec-
tion 209 relates to the- Office of Inspector General, and the purpose
of the amendment is to make the provisions of the bill conform to
provisions of the Inspector General Act of 1978. The provisions of
the amendment are explained in detail elsewhere in this report.
The amendment to page 37 strikes out section 311(c) of the bill.
Section 311(c) authorizes the Secretary of State to prescribe regu-
lations governing the overseas employment of family members of all
Government employees. The authority to prescribe these regulations
currently is vested in the Office of Personnel Management (OPM).
The effect of the amendment is to leave this authority with OPM.
The amendment to page 39 adjusts the linkage between the lower
classes of the Foreign service Schedule and the General Schedule.
The effect of the amendment is to increase the salary rates for indi-
viduals assigned to classes FS-7 through FS-10.
The amendment to page 49 is a technical amendment necessary
to ensure that an acting principal officer may receive additional pay
to reflect additional responsioihties, notwithstanding the general
prohibition against such additional pay contained in title 5, United
States Code.
The amendment to page 51 is a conforming amendment necessitated
by the amendment to page 52, discussed below.
The amendment to page 52 adds a new section 501(b), relating
to designating positions as Foreign Service positions. The effect of
the amendment is to provide specific statutory criteria which must be
met before a position in the United States may be designated as a
Foreign Service position.
The amendment to page 59 is a conforming amendment necessitated
by the amendment to section 209 of the bill, discussed above.
The amendment to page 64 relates to the procedures and criteria
for granting and renewing limited extensions of career appointments.
The amendment provides that the granting or renewal of such ex-
tensions must be in accordance with. the recommendations of selected
boards, and deletes language wdriich provides that the "needs of the
Service" may be a criterion for these determinations.
The amendment to page 77 removes the requirement that former
spouse of a Foreign Service member must have been married to that
member for not less than 10 years during periods of service by that
member before the former spouse acquires any right with respect to
a survivor annuity based on the member's service. The effect of the
amendment is to expand the class of former spouses who may be ac-
corded rights to survivor benefits under the bill (although subsequent
amendments somewhat reduce the extent of the rights accorded in the
introduced bill).
The amendments to pages 79 and 80 are conforming amendments
necessitated by other amendments relating to the rights of former
spouses of members of the Foreign Service.
The amendment to page 84 conforms the provisions of the bill
relating to elections to provide less than a full survivor benefit for a
spouse, with the provisions of H.R. 5410, relating to such elections
under the Civil Service retirement system. H.R. 5410 passed the
House of Representatives on April 1, 1980, by a record vote of 372-4.
The effect of the amendment is to require a Foreign Service member
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who elects at the time of retirement not to provide a survivor benefit
for the member's spouse to notify (or take all reasonable steps to
notify) the spouse of that election.
The amendments to pages 89, 90, 91, 98, and 100 are conforming
amendments necessitated by other amendments relating to the rights
of former spouses of members of the Foreign Service.
The amendments to page 101 and page 102, lines 1, 6, and 9, raise
the mandatory retirement age for members of the Foreign Service
from 60 to 65.
The amendment to page 102, beginning in line 20, together with
the amendment to page 121, strikes out those provisions in the bill
which provide that certain former spouses of Foreign Service mem-
bers are automatically entitled to (1) a pro-rata share of a member's
retirement annuity; and (2) a survivor annuity upon the death of
the member (in the case of multiple spouses, each gets a pro-rata
share of the survivor benefit). Instead of providing automatic entitle-
ment for former spouses the amendments (1) continue existing law
(approved by the committee and by the 95th Congress), which permits
a court, in connection with any court approved property settlement or
decree of divorce or legal separation, to order that a portion of a
member's annuity be paid to a former spouse; and (2) extend the
court's authority to permit a court order to require the member to
provide a survivor annuity for a former spouse. Thus, the rights of a
former spouse to either a portion of the basic annuity or to u survivor
annuity will be determined by the appropriate state court. The amend-
ment does not change the provisions of the bill which permit a retiring
member to purchase from the Government a supplemental survivor
annuity to provide security for a current spouse in those cases where
a former spouse has been awarded a survivor annuity by a court.
The amendments to pages 110, 113, and 118 are conforming amend-
inents necessitated by other amendments relating to the rights of
former spouses of members of the Foreign Service.
The amendment to page 121 is explained above in connection with
the discussion of the amendment to page 102, beginning in line 20.
The amendments to page 122 are conforming amendments necessi-
tated by other amendments relating to the rights of former spouses
of members of the Foreign Service.
The amendment to page 147 is a conforming amendment necessi-
tated by the amendment to section 209 of the bill, discussed above.
The amendment to page 154 eliminates an inconsistency with re-
spect to the standards of review to be followed by a Circuit Court of
Appeals in cases brought pursuant to the labor-management relations
provisions in the bill. The standard of review is conformed to that
provided for similar cases under the Civil Service Reform Act of 1978.
The amendments to pages 169 and 170 revise the provisions in the
bill relating to picketing as an unfair labor practice so that the pro-
visions are consistent with corresponding provisions in the Civil
Service Reform Act of 1978.
The amendments to pages 205 and 206 are conforming amendments
necessitated by the amendment to page 39, discussed above.
The amendment to page 240 adds a new section 2305 and is a tech-
nical amendment to ensure that the amendments made by the bill will
not inadvertently result in certain members of the Foreign Service
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becoming entitled to severance pay under section 5595 of title 5,
United States Code, as well as section 609(b) (1) of the bill. Section
609 (b) (1) authorizes severance pay for members who are separated
under the time-in-class provisions or are selected out. The amendment
provides that members who may receive benefits under section 609
(b) (1) are not entitled to also receive severance pay under section
5595 of title 5. Under current practice members are not entitled to
both benefits.
The amendments to pages 240, 241, 242, 243, and 244, redesignate
certain sections of the bill.
The amendment to page 250 amends the effective date provision to
provide that the provisions of Chapter 8 regarding the rights of for-
mer spouses to court ordered survivor benefits shall apply only with
respect to individuals who, after the effective date, become former
spouses of Foreign Service members.
PURPOSE
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 departments and agencies (tne Department of State, the
United States International Communication Agency, the Interna-
tional Development Cooperation Agency, the Peace Corps, the Arms
Control and Disarmament Agency, and the Department of Commerce)
under one law governing Foreign Service operations and personnel
administration.
COMMIrrEE ACTION
On June 26, 1979, the Secretary of State sent to the Speaker of the
House of Representatives Executive Communication 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 communication was
jointly referred to the Committees on Foreign Affairs and Post
Office and Civil Service.
On June 28, 1979, the Honorable Dante B. Fascell introduced the
draft bill by request (H.R. 4674). The Subcommittee on Civil Serv-
ice and the Subcommittee on International Operations of the Commit-
tee on Foreign Affairs held jonit hearings on H.R. 4674 on June 21,
28, July 9, 11, 17, 18, 24, September 6, 7, 11, 19, 20, 27, and October
16, 1979. Testimony was received from a Member of Congress, repre-
sentatives of the Department of State, the International Communi-
cation Agency, the Agency for International Development, the Peace
Corps, the Office of Personnel Management, the American Foreign
Service Association, the American Federation of Government Em-
ployees, and public witnesses.
The subcommittees held simultaneous mark-up sessions on H.R. 4674
on February 7, 12, 13, and March 5, 1980. On March 5, 1980. the sub-
committees approved a clean bill which was introduced as H.R. 6790
on March 12, 1980, by Mr. Fascell, Chairman of the Subcommittee on
International Operations and the Honorable Patricia Schroeder,
Chairwoman of the Subcommittee on Civil Service. On April 24,1980,
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the Committee on Post Office and Civil Service ordered H.R. 6790,
as amended, favorably reported by voice vote.
STATEMENT
The Foreign Service Act of 1980 is intended to serve ten major
purposes :
1. Codification.-The bill consolidates and reorganizes the provi-
sions of various statutes governing the operation of the Foreign Serv-
ice of the United States. This bill replaces the Foreign Service Act of
1946 and incorporates provisions from numerous subsequent enact-
ments. The reason for recodifying existing law is to provide a single
charter for personnel management in the Foreign Service. Managers
and employees are better served by a discrete and accessible body of
law governing their day-to-day employment relationship.
2. Flow.-A serious personnel management problem in the foreign
affairs agencies over the past decade has been the slowing down of
promotion and selection out processes. Loosely based on the military
model, the Foreign Service is supposed to be an "up or out" system.
Nearly all officers enter at the bottom and are either promoted to the
next higher class within a fixed period of time or selected out when
their allotted time in class expires. The poorest performers in each
class are selected out for relative performance, after the requirements
of due process are observed. Finally, officers have been subject to
mandatory retirement at age 60, assuring that the promotion channel
stays clear.
That is how the system was supposed to work, but it has failed in
the past decade. The selection-out mechanism atrophied for a period
while the Federal courts ruled on its constitutionality (see, Lindsay v.
Kissinger, 367 F. Supp. 949 (D.D.C. 1973)). Mandatory retirement
was halted while it was under challenge in court (see, Vance v. Bradley,
4:40 U.S. 93 (1979)). Maximum times in class were extended to pre-
vent the separation of talented Foreign Service officers for whom there
were no promotion opportunities. As a result of these occurrences, the
upper grades of the Foreign Service became glutted. Promotion op-
portunities dwindled.
One of the central purposes of this legislation is to restore the "flow"
to the system. Among the mechanism designed to restore "flow" are:
-retaining a mandatory retirement age provision but raising the
age to 65. The committee believes that an age 60 mandatory
retirement is unfair. The data is not convicing that 60 is the
appropriate dividing line between those who can and those who
cannot meet the challenges of the Foreign Service. While any
mandatory retirement age is by its nature arbitrary, setting the
agge at 65 works less of a hardship than setting the age at 60.
placing senior members of the Service on limited-term renew-
able career extensions. In establishing a new Senior Foreign
Service, the committee provides that, upon expiration of maxi-
mum time in class, members of the Service will be placed on
limited-term, renewable extensions. These extensions may be
renewed periodically based on the performance of the member
in accordance with selection board recommendations. These
limited extensions also apply to non-Senior Foreign Service
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personnel such as members of the current staff corps who have
reached the highest class available to them and whose time in
class has expired.
-reaffirming and expanding the coverage of selection out for ex-
piration of time-in-class- and relative performance. The bill
would extend selection out procedures to all American career
personnel, not just the officers now covered. The, bill provides
review procedures for selection out for relative performance to
meet the requirement imposed in Lindsay v. Kissinger, that due
process protections are required in selection out cases. Certain
employee protection provisions were placed on the use of selec-
tion out for expiration of time-in-class to assure that a reduc-
tion in the applicable time limit for a class would not cause the
immediate separation of members of the Service who believed
that they had time remaining in which to be promoted.
The committee expects that class rankings, promotion, awards of
performance pay, denials of step increases, renewals of career exten-
sion contracts, and other significant personel actions will be based on
the objective judgment of broadly representative selection boards, so
that political pressure and personnal pique do not affect the process.
Another important safeguard for employee rights is that the precepts
governing all selection boards are fully negotiable with collective bar-
gaining representatives.
3. Simplification.-Foreign affairs agencies have, in the past, cre-
ated numerous overlapping personnel categories. The committee be-
lieves that the Foreign Service personnel authorities should be utilized
only for American personnel who are needed for worldwide assign-
ment, including frequent rotation, and who have committed them-
selves to being truly worldwide available. All other personnel should
be employed under the authorities provided in title 5, United States
Code, for Government employees generally. This bill requires the sim-
plification and rationalization of personnel categories and mandates
the conversion of those employees who are not in the appropriate cate-
gory. Any conversion required is intended to take place without detri-
ment to the employee affected.
4. Compatibility.-The bill takes a small step towards increasing
the compatibility of the use of the Foreign Service authorities by the
various agencies which are authorized to utilize those authorities, such
as the Department of State, the International Communication Agency
(ICA), the International Development Cooperation Agency (IDCA),
and the Departments of Commerce and Agriculture. 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 Sec- ?
retary of State has the right and the obligation to ensure integrity of
personnel management in other foreign affairs agencies. The committee
looks to the Secretary of State as the official accountable for the success
or failure of the Foreign Service personnel system.
In reaffirming the central role of the Secretary of State in personnel
management, the committee does not intend to reduce the autonomy
of the other foreign affairs agencies. The heads of the other foreign
affairs agencies are expected to continue to administer the programs
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and the personnel (including members of the Foreign Service) of their
agencies. No programmatic authority is transferred by this legislation.
Only that personnel authority which is explicitly !transferred from
an agency head to the Secretary of State is changed by this legisla-
tion.
Much of the discussion of the Subcommittee on Civil Service focused
on the question of increasing uniformity in personnel administration
by establishing a single Senior Foreign Service, administered by the
Secretary of State. This proposal was ultimately rejected, largely be-
cause it was seen as undermining the authority of the other agency
heads.
The bill does set as one of its purposes "increasing efficiency and
economy by promoting maximum compatibility among the agencies
authorized by law to utilize the Foreign Service personnel system . . ."
The move towards more uniformity must be seen as a move towards
greater efficiency and not as a shift in the balance of power among
agencies. The committee intends affected agencies to work together
to increase compatibility and uniformity and return to Congress with
proposed legislation if needed.
5. Interchange.-While the distinctions between personnel catego
ries are clarified, greater opportunities for temporary assignments in
other personnel systems are provided. Under language restating and
expanding the Pearson amendment interchange provisions, Foreign
Service members can be assigned to non-Foreign Service positions, in-
cluding Senior Executive Service positions, in other agencies, domestic
or international organizations, states, localities, colleges, or other spe-
cial institutions. In all cases, the agency or organization to which the
member of the Service is assigned must agree to accept the assignment.
Similarly, provision is made for the detailing of members of the Senior
Executive Service to Senior Foreign Service positions. Broad author-
ity to make limited appointments is continued from existing law.
The. committee's purpose is to assure frequent interchange, both to
broaden the experience and knowledge of Government employees and
to broaden the base from which agency decisions are made by including
some employees who have not served exclusively within the agency.
The committee does not intend these interchanges or limited appoint-
ments to diminish the promotion or assignment opportunities of career
members of the Foreign Service.
6. Pay comparability.-The legislation establishes a clear and pre-
cise linkage between the Foreign Service Schedule and the General
Schedule. This linkage is intended to bring the pay of the Foreign
Service into line with comparable pay levels under the General Sched-
ule. Although the Pay Comparability Act of 1970 applies to the For-
eign Service, levels of compensation for the Foreign Service lag behind
those of other Government employees.
By establishing exact linkages, the committee intends for the pay
of members of the Foreign Service to stay even with the pay of General
Schedule employees. Procedures are created to assure fair conversion
of all employees. Four extra steps are added to each class to provide
incentive to remain in the Foreign Service for those whose particular
specialties do not permit the promotional opportunities found in serv-
ice in the United States. Moreover, the additional steps enable easier
transition for staff corps personnel.
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The committee determined that in converting Foreign Service per-
sonnel to the General Schedule it would be unfair to make the conver-
sion to the General Schedule without first converting the personnel
to the new Foreign Service Schedule which reflects true comparability.
This will ensure that their eventual conversion to the General Schedule
will be to grade and step levels which are really commensurate with
their current positions.
7. Senior Foreign Service.-Taking a lead from the Civil Service
Reform Act of 1978 (CSRA), the committee resolved to create a new
cadre of top senior officers in the Foreign Service. This Senior Foreign
Service, like the Senior Executive Service, has rigid entry require-
ments, fewer employee protections, and higher monetary awards for
excellence of performance. Although, as with the Senior Executive
Service, there is some potential for political manipulation and abuse
in the Senior Foreign Service, the committee believes there are ade-
quate protections to prevent abuse. First, employees who feel them-
selves subject to improper political pressure can take their complaints
to the Foreign Service Grievance Board, the Inspector General, the
Special Counsel of the Merit Systems Protection Board, and Congress.
Second, the committee intends to watch closely the implementation
of the Senior Foreign Service to assure that it is not misused. Third,
a section is included in the bill to protect employees and to implement
merit system principles prohibiting improper political pressure. The
committee expects that the benefits and management flexibilities con-
nected with the Senior Foreign Service will result in improved per-
formance, increased effectiveness, and higher productivity for the For-
eign Service.
There are a number of significant differences between the Senior
Foreign Service and Senior Executive Service. First, time-in-class re-
strictions continue to apply and limited career extensions are provided
for continued service. This means that senior officers who have ex-
hausted their time-in-class in the Senior Foreign Service will be placed
on limited-term renewable contracts and will be continued on the pay-
roll only if a selection board determines that their services are satis-
factory and if the Service needs their continued services. There are
no similar mechanisms in the Senior Executive Service. Second, the
percentage of non-career members of the Senior Foreign Service is
limited to five percent, compared to ten percent in the Senior Execu-
tive Service. The five percent figure reflects the current proportion
of noncareer personnel. Third, performance awards are based on rec-
ommendations by selection boards which in turn are based on nego-
tiated precepts. Performance awards in the Senior Executive Serv-
ice are based on criteria established by the Office of Personnel
Management.
The committee strongly cautions against any politicization of the
senior ranks and expects that determinations concerning promotions,
which must be made in accordance with negotiated selection board
precepts, will reflect legitimate management concerns such as: the
number of promotions which are justifiable in light of present and
future needs as established by the number of officers who can be ex-
pected to retire or to otherwise leave the Service ; the number of
officers being promoted into the SFS; the projection of future rates
of promotion in the lower ranks; and the areas of needed expertise.
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The promotion process is not intended to permit the agencies to elimi-
nate persons for political reasons, for having engaged in responsible
dissent, or because they hold personal views at variance with top-
management officials or political appointees. Individuals who have
committed themselves to a difficult career, and in whom the Govern-
ment has invested an enormous amount of training and education
should be able to reasonably expect that a high level of performance
will be rewarded by continued service. Otherwise, they will be unable
to anticipate with any degree of certainty a career progression. They
will feel at the mercy of factors beyond their control, and they will
fear the consequences of any constructive dissent or independence of
? mind, no matter how valuable or justified. The effects on the morale
and the quality of the Service would be devastating.
Without a reasonable degree of predictability and security in their
careers, qualified individuals will not in the future make the commit-
ment 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 fa-
cilitate a second career. Recent experience in the area of foreign rela-
tions has amply demonstrated the importance of having strong, cour-
ageous, and intelligent men and women in the Foreign Service. Noth-
ing in this legislation should btaken as a signal that these attributes
will not be valued in the future.
The key to the success of the Senior Foreign Service is ultimately
the wisdom, integrity, and managerial fortitude with which it is
established and operated. These attributes cannot be legislated. How-
ever, as a demonstration of the committee's serious commitment to
the members of the Foreign Service, there is included in section 2402
of the bill a requirement for regular reporting to the Congress on
implementation of the Act, including such matters as the projected
and actual rates of promotion, and the numbers of employees being
terminated, retained, and advanced. Because 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.
8. Labor-Management Relations.-The bill will establish the first
statutory framework for the conduct of labor-management relations
in the Foreign Service. Up until now labor relations have been gov-
erned by Executive Order No. 11636. This legislation places the com-
mittee on record as endorsing collective bargaining in the Foreign
Service, and as recognizing that labor organizations and collective
bargaining further effective and efficient government. The labor-
management provisions of this bill are based on title VII of the Civil
Service Reform Act of 1978, with provision made for the unique
nature of the Foreign Service.
Under the bill, as under title VII, all conditions of employment are
fully negotiable, with the exception of those conditions of employ-
ment which are specifically excluded from negotiation. Falling in the
excluded category are items specifically provided for by statute such
as pay and benefits. Strikes and slowdowns are specifically prohibited.
The labor-management provisions of the bill differ from those of
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the CSRA in a number of ways. First, a special labor board is created
within the Federal Labor Relations Authority to handle cases from
the Foreign Service. Second, certain managers and supervisors are
permitted in the bargaining unit. Third, a single, agency-wide, world-
wide bargaining unit is established by statute. Fourth, the grievance
mechanism, including a grievance board, is established by statute.
Other than these few differences, the provisions of the bill and title
VII are generally the same.
The history of labor-management relations in the Foreign Service
is different from that of the domestic agencies of Government. In the
Foreign Service, professional associations of Foreign Service officers
gradually evolved into collective bargaining representatives. This
legislation places new and increased responsibilities on labor organiza-
tions representing Foreign Service personnel, including the respon-
sibility to filter grievances by members of the bargaining unit. The
committee recognizes that the new labor-management provisions also
place significant new and increased responsibilities on management,
including attempting to resolve disputes quickly without resorting
to third-party mechanisms.
9. Former Spouses.-Spouses of Foreign Service members have to
decide whether to follow their husbands or wives to fair away posts
for assignments or whether to stay in the United States and follow
their own careers. The traditional view held that the spouse, typically
the wife, should follow her husband, abandoning her own working
life. Many wives have done this. Many have happily lived out their
lives as partners. Some other Foreign Service marriages, however,
have ended in divorce. In these cases, the wife is often left penniless.
She has no Social Security benefits because she never worked in the
private sector. She has no pension benefits because she never worked
long enough at a single job for pension rights to vest. And, she has no
right to her former husband's retirement benefit. The bill addresses
this problem by allowing state courts to divide the retirement and
survivor benefits of a member of the Service to provide an annuity for
a former spouse as part of an alimony or property settlement incident
to a divorce.
By its very nature, a property settlement made pursuant to a divorce
judgment must be made on a case by case basis, giving due considera-
tion to the parties' histories and economic circumstances. The com-
mittee believes that the subcommitee provision, which established a
presumption of the divorced spouse's right to part of the Foreign
Service officer's pension and survivor benefit, constituted an unwar-
ranted infringement on the right and duty of the State courts to
decide divorce ca'=es according to the equities of each case.
10. Family member employment.-A long-standing Foreign Service
problem has been the lack of employment opportunities for family
members abroad. Spouses and children of members of the Foreign
Service have found it very difficult to find employment at posts abroad.
This bill strengthens current law to indicate congressional intent that
employment opportunities for family members at posts be increased
and establishes an office of family liaison to ensure this is done. Many
positions which are open to foreign national employees should be made
available to family members if there is no need for long-term tenure
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in the position. The committee does not intend, however, that the em-
ployment of family members should result in fewer positions offering
career advancement opportunities for members of the staff corp or
other career members of the Service.
MAJOR PROVISIONS BY CHAPTER
TITLE I-THE FOREIGN SERVICE OF THE UNITED STATES
CHAPTER 1
The findings and objectives of the bill reflect the committee's goal
of a professional career Foreign Service, based on merit principles,
free from discrimination and both competent and utilized to provide
foreign policy advice to the President and the Secretary of State. The
purposes include moving towards maximum compatibility of the For-
eign Service personnel systems in the various agencies authorized to
use the system.
Another expressed purpose is to minimize distinctions between the
officer corps and the staff corps. The bill refers to members of the
Service generally. Both groups of employees perform vital functions
for the foreign policy of the United States, and both should serve
under substantially the same conditions of employment.
The subcommittee added a major new section to Chapter 1. Section
105 contains five parts. First, it requires that all personnel actions,
including promotions, appointments, evaluations, and awards of per-
formance pay, be taken in conformance with the merit system princi-
ples, established by the CSRA and defined in section 2301 of title 5,
United States Code. Among other things, these principles guarantee
equal employment opportunity, merit selection, equal pay, perform-
ance-based promotions, and freedom from improper reprisal, personal
favoritism, or arbitrary action.
Second, section 105 emphasizes the protection accorded to employees
against illegal discrimination and against reprisals for blowing the
whistle on wrongdoing and the right to report honestly from the field
even if straying from official policy, and the protection against being
subject to prohibited personnel practices, as defined in section 2302
of title 5, United States Code.
Third, new section 105 restates the fundamental right of all Federal
employees, as well as of all citizens, to petition the Congress freely
and without fear of reprisal.
c Fourth, the provisions of the minority recruitment program, speci-
fied in section 7201 of title 5, United States Code, are extended to the
Foreign Service. Commonly known as the Garcia amendment, the
minority recruitment program requires the identification of and at-
40 to remedy underrepresentation. An annual report to Congress,
personally signed by the agency head, is required. This personal signa-
ture requirement is intended to elevate the level of attention given in an
agency to remedying underrepresentation where it exists. The Garcia
amendment has been properly interpreted by the Office of Personnel
Management to include women within the definition of minorities.
Finally, new section 105 contains a savings provision which con-
tinues existing rights under the various equal employment opportunity
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laws and which permits the continued use of affirmative action to
achieve equal employment opportunity.
Additionally, the Inspector General is instructed to look for com-
pliance with the principles set out in section 105.
The committee recognizes that the Foreign Service personnel sys-
tem lacks many of the rigidities of the Civil Service system. Providing
these employee protections is meant to ensure that the flexibilities in
the Foreign Service system are not used in an inappropriate manner
or for inappropriate ends. Employee rights are protected and cannot
be overridden for the expeditious accomplishment of management
objectives.
Chapter 2 deals with the management of the Service generally and
establishes certain statutory positions to perform specific functions.
Of considerable importance, this chapter defines the role of the Secre-
tary of State in overseeing the Foreign Service and specifies the rela-
tionship between the Secretary of State and the heads of other agen-
cies authorized to use the Foreign Service authorities in using those
authorities. Section 201 vests primary responsibility for administering
and directing the Foreign Service in the Secretary of State. It is to
the Secretary of State that this committee will look for assurance that
the Foreign Service personnel system is running properly.
Section 202 grants specific authority to use the Foreign Service
personnel system to four other agencies and leaves open the possibility
of other agencies using the authorities if they are specifically au-
thorized to do so. The Peace Corps and the Arms Control and Dis-
armament Agency are two other agencies which have been granted
such authority by other legislation. Even if an agency has authority
to use the Foreign. Service personnel authorities, these personnel au-
thorities can only be used for employees and positions that meet the
requirements of worldwide availability and rotational assignment
described in sections 501, 502, and 504. The general rule stemming from
section 3101 of title 5, United States Code, is that Government em-
ployees are hired under the authorities contained in title 5. Certain
specified types of employees are permitted to be employed under other
authorities. As exceptions, these specified categories are to be con-
strued narrowly. The Foreign Service is one of the exceptions to the
general rule. Only employees and positions which are truly Foreign
Service in character can be designated as Foreign Service. Hence, the
general authority of the Secretary of Agriculture to use the Foreign
Service only permits the use of that authority for employees of the
Foreign Agricultural Service and within that service only for posi-
tions which meet the specific requirements in Chapter 5.
Section 203 deals with the relative powers of the Secretary of State
and the heads of agencies over their Foreign??Service.personnel. The
bill points in the direction of maximum compatibility, and requires
consultation between the Secretary of State and the heads of other
agencies authorized to utilize the Foreign Service authorities to pro-
mote this compatibiliy. The current balance of power between the
Secretary of State and the heads of other foreign affairs agencies is
not intended to be altered by.this legislation. The committee, however,
does want the agencies to work together to increase the compatibility
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of their personnel systems. Section 204 works in concert with section
203 and requires all agency heads to consider ways to increase uni-
formity in personnel administration and exhorts the Secretary of
State to encourage the development of uniform policies. Section 205
adds the further direction that the Foreign Service personnel system
should be compatible with the other personnel systems in Government,
most notably the competitive service.
Another important provision of Chapter 2 is contained in section
207 which restates the authority of the chief of mission over all per-
sonnel at the post. Of the 17,500 United States citizen civilian agency
employees abroad, only 5,300 work for the Department of State. Hun-
dreds of civilian employees work for other agencies such as the Agency
for International Development, the International Communication
Agency, the Peace Corps, and the Departments of Agriculture, Com-
merce, Justice, Transportation, Treasury, Energy, and Health and
Human Resources. Additionally, numerous intelligence employees
work abroad. The ambassador is given responsibility and account-
ability for all these employees. The only employees excepted from his
direction and supervision are employees under the command of a
United States area military commander.
A committee amendment rewriting section 209 significantly
strengthens the powers of the Inspector General of the Foreign Service
and the Department of State. Section 209, as amended, establishes a
statutory Office of Inspector General for the Department of State and
the Foreign Service patterned after similar offices created in other
Federal departments and agencies under the Inspector General Act of
1978 (Public Law 95-452). Although initially opposed by the depart-
ments and agencies affected, the 1978 Act was approved overwhelm-
ingly by the Congress and has been strongly endorsed by President
Carter.
Section 209 would centralize primary responsibility for audit and
investigative activities of the State Department in the Office of Inspec-
tor General. The Office, which would have no program responsibilities,
would conduct and supervise audits and investigations relating to
State Department programs and operations. It would also provide
leadership and coordination and recommend policies for activities de-
signed to promote economy and efficiency and to prevent and detect
fraud and abuse in such programs and operations.
In addition, the Office would provide a means for keeping the Sec-
retary of State and the Congress fully and currently informed about
problems and deficiencies relating to State Department programs and
operations and the necessity for and progress of corrective action.
The primary purpose of the changes made by the committee amend-
ment was to conform the office established under section 209 more
closely to the statutory offices of Inspector General previously cre-
ated under the 1978 Act.
During consideration of the bill it was pointed out that section 209,
as introduced, did not provide the State Department with an office
having either the authority or the guaranteed independence of those
established by the 1979 Act for the following reasons :
-Although the new office was to have responsibility for oversee-
ing all activities of the State Department, the name implied
that its jurisdiction was limited to the Foreign Service.
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-Section 209, as introduced, did not prohibit assignment of pro-
gram responsibilities to the Inspector General; consequently,
there was no assurance that the Inspector General might not be
placed in the position of auditing or investigating activities for
which he or she had management responsibility. Moreover, as-
signment of program responsibilities would make it impossible
for the Inspector General to devote full time and attention to
evaluating foreign policy implementation, promoting economy
and efficiency, and preventing and detecting fraud and program
abuse.
-Although the proposed Inspector General would have a number
of duties and responsibilities which were identical to those of
Inspectors General under the 1978 Act, lie or she would not be
granted much of the statutory authority provided in the 1978
Act. For example, the proposed Inspector General would not
have had statutory authority to hire his or her own staff, sub-
pena authority or other statutory provisions for access to needed
information, guaranteed access to the Secretary of State when
necessary in the peformance of the Inspector General's duties,
or statutory provisions for obtaining assistance from other
Government agencies.
-Finally, section 209, as introduced, did not include the following
important provisions of the 1978 Act-
(a) a specific provision forbidding State Department offi-
cials from preventing or prohibiting an Inspector General
from initiating, carrying out, or completing any audit or in-
vestigation,
(b) a provision requiring that the Inspector General be
appointed "without regard to political affiliation", and
(c) language providing for the appointment of profes-
sionally qualified Assistant Inspectors General for Audit and
for Investigations to supervise performance of those activi-
ties.
The revised language of section 209 corrects these deficiencies and
provides that the Inspector General shall have the same specific statu-
tory authority previously granted to other statutory Inspectors Gen-
eral under section 6 of the 1978 Act.
.Section 211 establishes by statute and refocuses the current Board of
Examiners for the Foreign Service. Currently, the Board oversees the
examination process for the Foreign Service. This section gives a statu-
tory mandate to the Board and requires that it include public members
and members from outside the Foreign Service community. The com-
mittee expects that any selection device used for the Foreign Service
will validly predict job performance and will not discriminate against
minorities and women. The data on the current test suggest that a seri-
ous problem may exist. The Uniform Guidelines for Employee Selec-
tion Procedures (29 CFR Part 1607) applies the same strict rules for
employee selection procedures to both the public and private sectors.
The bill sets up the Board of Examiners as the unit responsible for
compliance with these guidelines. Section 211 contemplates that private
citizens knowledgeable in the relationship between testing and equal
employment opportunity will be appointed to the Board of Examiners.
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25
CHAPTER 3
Chapter 3 deals with appointments to the Foreign Service generally.
While it generally restates existing law, new provisions delete the pres-
ent requirement for new Presidential appointment and Senate con-
firmation every time a Foreign Service officer is promoted from one
class to another. Senate confirmation is still required for initial ap-
pointment, as well as for appointment to the Senior Foreign Service
and as chief of mission.
New language was added by the subcommittee on requirements for
the appointment of ambassadors. The committee is concerned that
some Presidential ambassadorial appointments, particularly appoint-
ments of individuals who have not served as Foreign Service officers,
have produced inferior representatives of the United States abroad.
As a general rule, ambassadors should be appointed from the ranks of
career members of the Foreign Service, although highly qualified in-
dividuals fom other backgrounds should also receive consideration.
Provisions for appointment to the Senior Foreign Service are in-
cluded in Chapter 3. No more than five percent of the members of the
Senior Foreign Service may be individuals, who are not career
members.
Section 307 provides opportunities for lateral entry into the Foreign
Service. The State Department and other foreign affairs agencies have
been very slow in achieving true equal employment opportunity, par-
ticularly at the higher grades. This provision should help.
Chapter 3 also includes provisions for the employment of family
members at posts abroad. The committee is convinced that, unless
meaningful opportunities for employment are provided at posts
abroad, it will become increasingly difficult to attract and retain high-
quality Foreign Service personnel. The strain of frequent reassign-
ment. and hostile environments has a serious effect on family life.
Without job possibilities at post, family members are not likely to con-
tinue following their spouses to assignment abroad.
One of the primary purposes of the bill is to make the pay of mem-
bers of the Foreign Service comparable. To accomplish this purpose,
the bill links the pay of the Foreign Service Schedule to grades of the
General Schedule. In the future, pay rates of the two will change in
tandem, preventing a recurrence of the recent trend of Foreign Serv-
ice salaries falling behind those paid for comparable General Schedule
positions.
The decision of the committee was based largely on a study prepared
for the Department of State on the appropriate pay levels for members
of the Foreign Service. In computing the appropriate levels, the con-
tractor examined a wide range of factors including the difficulty of
overseas assignment.
Levels of pay comparable to those provided in the General Sched-
ule are needed to attract and retain qualified Foreign Service per-
sonnel. The increasing pressures and dangers of overseas diplomatic
service require a reappraisal of the compensation patterns for the
Foreign Service. The provisions in the bill reflect the judgment of
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26
the committee as to what the appropriate levels of compensation
should be.
Chapter 4 also contains .the performance pay provisions for the
Senior Foreign Service. Performance pay creates a linkage between
pay and performance and allows for the rewarding of individuals
who are particularly efficient or effective. The performance pay ele-
ments closely parallel those for the Senior Executive Service under
the CSRA. Indeed, the foreign affairs agencies are required to take
the criteria used in the Senior Executive Service into account when
determining awards of performance pay.
Coordinating the provisions for pay of foreign nationals at posts
abroad with the provisions for the hiring of family members is a
purpose of the bill. Section 408 (a) authorizes the Secretary of State
to issue regulations providing for pay schedules for foreign nationals.
However, where the local compensation plan would provide for less
pay than the United States minimum wage, the minimum wage will
t. ay instead. Each salary determination for family members will
be made by the head of the agency based on considerations of fairness
to the family member and to other employees. While the committee
believes that family members should be paid decent wages for their
work at posts abroad, the primary concern of the committee is in
maximizing employment opportunities for those family members
while at the same time preserving career opportunities for members
of the staff corps. Balancing the interest of family members, members
of the Service, and foreign national employees with the heads of the
Service is the responsibility of the Secretary.
Chapter 4 also contains provisions for premium pay for extraordi- -
narily long. hours of work. The commitee decided to permit members
of the Foreign Service to receive premium pay in the same manner
and to the same extent to
other Government employees under sub-
chapter V of chapter 55 of title 5, United States Code. This provision
does not affect the applicability of the Fair Labor Standards Act with
respect to members of the Service in the United States. Further, an
agency head is permitted to pay special differentials for work above
and beyond normal requirements. These special differentials can only
be paid when premium pay is not authorized. By including the Foreign
Service within the premium pay provisions of title 5, the committee
intended coverage under the provisions allowing for overtime pay as
well as standby pay provided for under section 5545 of title 5. The
committee expects the foreign affairs agencies to manage their work
forces in ways which will minimize the use of premium pay and there-
by reduce Government expenditures. Nevertheless, where there is a
need for exceptionally long hours of work, there is no reason that a
member of the Foreign Service should be denied appropriate compen-
sation for his or her time.
CSAPPER 5
Chapter 5 covers position classification an designation as well as
assignments. The committee reaffirms the basic policy that the per-
sonnel provisions of title 5, United States Code, govern all Federal
Government employment, unless there is a clear reason for other pro-
visions to apply and unless there is explicit statutory authority to use
other personnel authorities. This legislation provides explicit author-
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ity for use of the Foreign Service personnel authorities by the Depart-
ment of State, the International Development Cooperation Agency,
the International Communication Agency, the Department of Com-
merce (for those employees performing functions transferred under
the Reorganization Plan No. 3 of 1979) and the Department of Agri-
culture (for the Foreign Agricultural Service). The bill further codi-
fies existing provisions of law allowing for the use of Foreign Service
? personnel authorities for certain employees involved in foreign assist-
ance, the Arms Control and -Disarma~ieent I Agency, and the Peace
Corps. - - '
These explicit authorizations to use the Foreign Service personnel
authorities are limited by the language of section 501(b) which speci-
fies the criteria under which a position can be designated as a Foreign
Service position. Unless the position meets the criteria provided in
501(b), the position may not be designated a Foreign Service position.
The committee sees the use of Foreign Service personnel authorities
as an exception to the general rule, and, as such, the designation cri-
teria should be construed narrowly. The use of the Foreign Service
personnel system merely for administrative convenience or to provide
better retirement benefits is not acceptable.
The criteria for position designation provided in section 501(b) are
not intended to alter in any way provisions of the regulations issued
by the Agency for International Development on May 1, 1979, pur-
suant to section 401 of the International Development and Food As-
sistance Act of 1978 (Public Law 95-424), commonly known as the
Obey amendment. These regulations continue to have the force and
effect of law.
Section 501(b) must be read in conjunction with section 504 which
establishes the requirement that members of the Foreign Service are
obligated to spend substantial portions of their careers abroad and
must be available for worldwide assignment. Together, these sections
ensure that Foreign Service positions are those that require individ-
uals who are subject to the special conditions of employment which
members of the Foreign Service have accepted. The continued use of
Foreign Service designations for positions which do not require rota-
tion and for individuals who are not available for worldwide assign-
ment is unacceptable.
Chapter 6 provides the essential provisions governing promotion
and tenure in the Foreign Service. It is with respect to promotions
and tenure that Foreign Service personnel authorities differ most
sharply from those for the rest of the Federal Civil Service. Despite
differences, however, the central purposes of the two systems are the
same; i.e., to reward and promote those employees who perform well
and to help marginal performers to do better. Both systems have their
own methods to assess performance; yet, neither method has been
immune to criticism. Both systems are designed to ensure that per-
formance appraisals take into account demonstrated merit and are not
based on extraneous factors like personality conflicts or political pres-
sures. Both systems provide due process rights to challenge improper
agency actions.
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Selection boards are the basic bodies which. make determinations on
promotion and retention. They make their decisions on the basis of a
broad range of material, all of which must be maintained to permit an
appellate body to review the work of the selection board when chal-
lenged. Selection boards are assigned the challenging task of rank
ordering the members of each competitive grouping within each For-
eign Service class. The top individuals on this ranking are promoted 0
while the bottom individuals can be subject to separation. The up-or-
out system is driven by the time in class mechanism which requires
promotions to avoid separation. This mechanism is expanded in two
ways by the bill.
First, time-in-class limitations are imposed for the first time on
individuals who are in the highest class in the Service, i.e., the top
rank of the Senior Foreign Service. After time-in-class has expired,
careers can be extended on individual qualifications as determined by
selection boards operating under precepts negotiated by agency man-
agement and representatives of the employees.
Second, the time-in-class mechanism is extended to cover all United
States personnel in the Foregin Service who are paid at officer levels.
Many staff corps members have been immune from selection out for
expiration of time-in-class (and also for relative performance). The
committee believes that the entire Foreign Service should be treated
similarly and that it is appropriate to extend time-in-class limitations
to additional members of the Service.
The rankings of selection boards serve different purposes. For pro-
motions and career extensions, the rankings of a. selection board are
binding on the Secretary. The agency head recommends promotions
to the President in the rank order which the selection board specifies.
Names of individuals can only be removed for exceptional reasons.
Awards of performance pay to members of the Senior Foreign
Service are similarly based on the rankings of selection boards. Denials
of step increases must also be in accordance with selection board rank-
ings. The initial determinations of who should be selected out for sub-
standard performance are also based on the rankings.
On the other hand, decisions about granting multiple step increases,
and other personnel actions may be made by an agency head using
selection board rankings in merely an advisory manner.
While the committee intends that agency heads have a substantial
degree of flexibility in managing their work force, the committee is
also concerned that promotion and retention systems be fair and based
on merit. The selection board process is intended to ensure fairness.
Procedures under which the selection boards will operate are subject
to negotiation between agency management and the exclusive repre-
sentative. External factors, such as budget and mission, will determine
how many members of the Service in various categories should be pro-
moted and retained. The committee intends that even these decisions
take into account the views of representatives of the employees.
Section 601 (c) (2) expresses the committee's commitment to a well-
managed Foreign Service personnel system which provides predicta-
bility, regularity, and stability. In the past, periods of rapid promo-
tion have been followed by periods of little advancement. Over the
past twenty years the Foreign Service has been operating on a boom or
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bust cycle. This pattern of fluctuation has a devastating effect on em-
ployee morale and serves to decrease the efficiency of the Service. 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. Rather strong and effective
management, working closely with employee representatives, must act
aggressively to maintain this type of system. Current management of
the Department of State has assured the committee that it intends to
do precisely that.
Chapter 7, dealing with training, is largely a recodification of exist-
ing law. Two new provisions are of particular note.
First, the bill provides authority for the agency head to provide
orientation, language, and functional training to family members of
Government employees who will serve abroad. Grants of reasonable
amounts of money for these training programs can be made under
section 704. The committee intends that the training grants provided
under section 704 for family members will only be available for train-
ing authorized for family members under section 703(d). Further, by
eliminating the dollar limitations on training grants, the committee
does not intend to encourage imprudent expenditures by Government
agencies. The committee expects regulations will limit the cost and
periods of training which will be paid for by the Government. The
current dollar limit appeared too inflexible during an inflationary pe-
riod to be maintained by statute.
Second, chapter 7 establishes by statute and extends to other for-
eign affairs agencies the recently created family liaison office at the
Department of State. The purpose of this office is to provide career
counseling for spouses, serve as a clearinghouse for information about
employment opportunities abroad, and serve as an advocate within
the Department for the interests of family members. Such an office is
needed in the Foreign Service because of the exceptional problems
faced by spouses and other family members of Foreign Service, per-
sonnel. Subject to rotation and short-term assignments mainly in f or-
eign countries, each member of the Foreign Service necessarily places
his or her family in a difficult position. A spouse has limited oppor-
tunities to find employment and no opportunity to develop an inde-
pendent carrier, if he or she follows the member of the Service on as-
signments. Increasingly, spouses are living apart so that each can
maintain his or her own career. This situation places strains on
marriages. The Government has an obligation to minimize the dis-
ruptive effect of a Foreign Service career on families. Agencies,
through the family liaison office, are expected to find ways to minimize
disruption and to keep families together.
Chapter 8 recodifies the Foreign Service retirement law without
significant change. There are two major elements of this chapter which
are new.
First, the mandatory retirement age was raised by the committee
from the current 60 to 65. The committee believes that arbitrary
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mandatory retirement ages can be unfair and a form of improper
discrimination. Clearly, the lower the mandatory retirement age the
greater the hardship it is likely to work. On the other hand, the admin-
istration produced evidence that increasing age results in likelihood
of unavailability for worldwide assignment. The administration ar-
gued that age 60 was a reasonable cutoff for a Foreign Service career.
Underlying the administration's concern for maintaining the man-
datory retirement age is its concern for maintaining promotion oppor-
tunities in the Foreign Service. The longer employees are allowed to
remain in the Foreign Service, the fewer opportunities there will be
for advancement from the lower levels. The committee is not per-
suaded, however, that the interests of younger members in career ad-
vancement justify overruling the interests of older members in
continuing to work. As a compromise between strong and conflicting
interests on this issue, the committee agreed to an amendment raising
the mandatory retirement age from 60 to 65. It is a compromise which
reduces the unfairness of a mandatory retirement age while allowing
for the maintenance of predictable career patterns.
Second, chapter 8 contains new provisions concerning the rights of
former spouses. H.R. 6790, as approved by the Subcommittee on Civil
Service, provided for a prorata allocation of retirement and survivor
benefits between a member of the Foreign Service and current spouses
and former spouses of the member. It also provided a waivable right
to a survivor benefit to current and former spouses of a member.
The full committee adopted an amendment providing that retire-
ment and survivor's benefits may be subject to division between the
member and current and former spouses when the equities so dictate.
The committee rejected, however, the proposition that former and cur-
rent spouses should be entitled, by law, to a pro rata share of a member's
annuity and a survivor benefit which requires a reduction in the mem-
ber's annuity. The committee instead adopted existing law with respect
to annuities and expanded existing law to allow courts to order that
survivor benefits be provided for former spouses. The committee also
ensured that an election to waive survivor's benefits could only be made
with notice provided to the spouse.
The committee believes that considering pension benefits as marital
property subject to division as part of any alimony award or property
settlement incident to a divorce is justified in the case of the Foreign
Service. Spouses are in a very difficult position. If they accompany
their spouses, they are subject to rotation as often as every two years,
with most of the assignments being in foreign countries. A spouse has
little opportunity to work and virtually no opportunity to earn retire-
ment benefits of his or her own. He or she is unlikely to vest in a retire-
ment program. Further, sufficient work in the United States to gain
Social Security credit is unlikely. Hence, divorced spouses of members
of the Foreign Service may be left destitute with no income in their
old age. The bill, as amended, appropriately addresses this problem.
Chapter 9 is mainly a recodification of existing laws governing
travel, leave, health care, and representation allowances. Two changes
to existing law should be noted.
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First, a provision is included to permit the Government to pay for
the international portion of one round trip each year for children to
visit parents with whom they do not normally reside. The provision
is intended to allow children of divorced or separated parents to visit
the parent with whom they do not live at least once a year. The cost
of international travel is so high that, without this provision, many
Foreign Service members could lose all contact with their their chil-
dren. Children's visits are important both to the morale of the parent
and to the health of the child. The committee, therefore, believes that
this provision is in the interest of the Government.
Second, section 905 permits an agency head to provide payment of
representational expenses to family members, as well as to members of
the Service. Insofar as wives of members of the Service are routinely
asked to perform social functions on behalf of the United States Gov-
ernment, the committee believes that the Government should pay for
the actual costs of these activities. As unfair as it is to ask a wife of a
Foreign Service member to perform functions without pay, it is much
more unfair to ask her to incur expenses without the possibility of
reimbursement.
Chapter 10 establishes, by statute, the groundrules for labor-manage-
ment relations in the Foreign Service. It is based on title VII of the
Civil Service Reform Act of 1978 (codified as chapter 71 of title 5,
United States Code). Chapter 10 departs from title VII, however, in
a few areas to account for special circumstances which exist in the
Foreign Service. Except where there is an explicit departure from
the title VII provisions, this chapter is intended to be the same as title
VII. The committee does not intend for the language of Chapter 10
to serve as a guide for interpreting title VII. Chapter 10 does not
modify or amend and is not intended to interpret the provisions of
chapter 71 of title 5, United States Code.
A major difference between the two laws is that chapter 10 creates
a separate Foreign Service Labor Relations Board, within the Fed-
eral Labor Relations Authority, to decide cases arising under that
chapter. This Board is constituted in a manner intended to assure its
members possess knowledge in the conduct of foreign affairs which
should assist the Board in its work. The Board is bound to interpret
the provisions of the law as written and will, in most cases, be decid-
ing issues in the same way that the FLRA decides parallel issues.
Indeed, FLRA decisions are to be used as precedents where applicable
for the Board, but Board decisions are not precedent for the FLRA.
This relationship represents a balance between the desire for uniform
labor-management relations programs in the Federal Government and
the desire to respond to the special needs of the Foreign Service.
Another significant difference relates to who may be a member of a
bargaining unit and the scope of the appropriate bargaining unit.
Chapter 10 permits supervisors and some managers to be members of
the bargaining unit. Further, the appropriate unit is determined by
the statute to be agencywide and world-wide. This broad bargaining
unit is necessary due to the rotational requirements of the Foreign
Service. In the Foreign Service, employees often serve in positions for
two years before reassignment. In some positions, they have super-
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visory responsibilities; in others, they do not. Hence, to exclude super-
visors or to establish more than one unit per agency would make it
difficult for the union to function. The establishment of broad, agency-
wide units is intended to result in strong and stable exclusive repre-
sentatives.
As with the Foreign Service Labor Relations Board, a separate
impasses panel is created within the FLRA to marry knowledge of
labor relations with knowledge of the conduct of foreign affairs. The
Foreign Service Impasses Panel is assigned the same role for the For-
eign Service that the Federal Service Impasses Panel has for the
domestic Civil Service. As under title VII, an agency head may not
overrule a decision of the Panel.
The statement of management rights in Chapter 10 is intended to
cover essentially the same matters as the corresponding statement of
management rights in title VII. The wording of section 7105 (a) was
modified to reflect the rank-in-person nature of the Foreign Service.
As with title VII, the management rights are an exception to the gen-
eral obligation to bargain over conditions of employment. As an ex-
ception, these management rights should be construed narrowly. The
committee believes that the widest range of negotiation, within the
confines of section 1005, is in the interest of stable and productive
labor-management relations in the Foreign Service.
Unlike the domestic Civil Service, the Foreign Service has a statu-
tory grievance system. Therefore, the creation of a grievance system
is not dependent on the bar aining process. However, those procedures
not specifically addressed by statute,. concerning the procedures by
which the Foreign Service Grievance Board operates may be
negotiated.
. The committee clarified, by amendment, the type of picketing which
can be considered an unfair labor practice. The language now parallels
that of title VII. The intent is to consider only picketing which re-
lates to a labor-management dispute as an unfair labor practice. Other
picketing could be prohibited by departmental regulations, but labor-
management laws should not be used to enforce those regulations.
Further, informational picketing in the United States which does not
actually interfere with agency operations is not an unfair labor
practice.
Chapter 11 is largely a recodification of existing law relating to
grievances in the Foreign Service. Unlike the domestic Civil Service,
the Foreign Service has had a statutory grievance system since 1976.
The need for the Grievance Board continues and the committee intends
that it should be the basic provider of due process protection to
members of the Foreign Service.
Although chapter 11 is largely a recodification, the committee in-
tends this legislation to reaffirm the independence and increase the
authority of the Board. While the agency head is provided with a
veto of Grievance Board decisions under section 1107(d), the grounds
on which the agency head can overrule a decision have been narrowed
by eliminating `efficiency of the Service". The committee intends that
this disapproval authority be used only in the most exceptional cases
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and that the heads of the various foreign affairs agencies implement
Grievance Board decisions in most cases. Moreover, the agency head's
action is subject to judicial review under section 1110.
In section 1101(a) (1) (F), the committee continues existing law
safeguarding members of the Service from reprisal for filing com-
plaints with the Grievance Board. The committee heard numerous
charges that no member of the Service is really free from reprisal for
filing a grievance; that there is always a cost to the member's career.
The committee is concerned about these allegations. There should be
no reprisals for filing grievances. The Grievance Board should act
aggressively to ensure that no reprisals take place. Further, the com-
mittee intends for any action in the nature of a reprisal to be fully
grievable, even if the action is specifically excepted from the definition
of grievance under 1101(b) .
Three notable changes in the section were made during subcommit-
tee consideration. First, section 1108, relating to access to records, was
amended to make it clear that management's refusal to provide in-
formation to the Board because of its sensitive nature should be con-
sidered by the Board. A questionable withholding by an agency head
may be construed by the Grievance Board as an admission of the
alleged improper conduct.
Second, the bill requires that only the exclusive representative may
invoke Grievance Board jurisdiction, except in separation cases. This
requirement of union representation parallels the general rule in the
domestic Civil Service and the private sector. It serves as a filter to
assure that frivolous cases are not generally brought before the Board.
Since the operations of the Grievance Board are paid for by the tax-
payer, it is appropriate to establish such a filter to limit its workload.
Of course, these same considerations dictate that agencies should at-
tempt to resolve grievances without forcing cases to the Board. Non-
members of the bargaining unit are entitled to their own representa-
tives as are bargaining unit members facing separation.
Third, provision was made for the Grievance Board to order agen-
cies, to pay reasonable attorneys fees to the same extent and for the
same type of cases which the Merit Systems Protection Board is al-
lowed to order the payment of fees. This will include separation and
other adverse action cases.
TITLE II-TRANSITION, AMENDMENT TO OTHER LAWS, REPEALS AND
MISCELLANEOUS PROVISIONS
Converting employees from their present positions to new pay
schedules and different personnel systems (including the Senior Serv-
ice) cannot be accomplished without some difficulties. The policy gov-
erning this chapter is to minimize the disruption to individual em-
ployees and to preserve the rights and benefits of employees subject
to conversion. The committee recognizes that minimizing disruption
and saving rights and benefits entail costs to the Government. These
costs are justified in view of the fact that by forcing conversions the
Government, as the employer, is altering the legitimate expectations
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of its employees. Fairness requires that the Government cushion these
employees against the hardships which will come. in the wake of forced
conversion.
The bill provides that all current Foreign Service employees will
be converted to new personnel categories. Since the committee found
that members of the Foreign Service were underpaid in comparison to
their General Schedule counterparts, members converted to the Gen-
eral Schedule at their current pay would, in effect, be down-graded.
To cure .this problem, these employees first will be converted to the
new Foreign Service Schedule, then they will be converted to General
Schedule grades commensurate with their duties, responsibilities, and
training
The Civil Service Reform Act of 1978 provided senior employees in
personnel system. When super? rades were asked to convert to the Sen-
ior Executive Service. This bill provided little choice for senior For-
eign Service officers. Either Foreign Service officers at the 0-1 and
0-2 levels opt to apply for the Senior Foreign Service or they must
leave the Service within three 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 For-
eign Service are not being asked to convert to an entirely different
personnel system. When supergrades were asked to convert to the Sen-
ior Executive Service, they were being asked to give up all protections
of a rank in position, tenured system. Those FSO-1s and FSO-2s
being asked to convert are being asked to switch from a rank-in-person
system with some tenure insecurity to another rank-in-person system
with slightly greater insecurity. Since the change is less drastic, the
employee protections conferred are fewer.
Chapter 1 provides three years for employees subject to conversion
from the Foreign. Service to the General Schedule to decide whether
they want Foreign Service careers. Those who decide to remain in
the Foreign Service will ' have to commit themselves to worldwide
availability. Further, the agency must be able to assign the individual
abroad periodically. Agencies should aggressively seek out positions
for these individuals who want to remain in the Foreign Service.
The situation at the International Communication Agency is of
particular interest. The exclusive representative of the employees ob-
jected initially to converting domestic only employees to the Foreign
Service as the agency wanted to do in the mid seventies. Management
and the union entered into negotiations which resulted in certain
protections for employees who were forced to convert to the Foreign
Affairs Specialist category. In order not to disrupt this agreement,
the bill provides. that the mandatory conversion of Foreign Affairs
Specialist employees at the International Communication Agency
will not start until July 1, 1981.
Employees converted are provided with permanent saved grade
and tenure rights comparable to what they had. Further, employees
are given the option to remain in their current. retirement program
or to convert to the retirement program provided by their new desig-
nation. Also, employees not currently subject to selection out for
relative performance will not be made subject to it for a. period of
ten years or until the employee meets the age and service require-
ments for an immediate annuity.
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Chapter 2 makes amendments to other laws, generally conforming
them to the provisions of this Act. Added was a new section allowing
the Secretary of State to pay subsistence expenses of security officers
and other employees who have to spend extraordinary amounts of
time in a travel status.
The committee amended section 7(a) of the Peace Corps Act to
permit the President to use the Foreign Service personnel authorities
for worldwide assignment. Even without this new prefatory language
in the Peace Corps Act, section 501(b) would limit use of the Foreign
Service authorities by the Peace Corps. This language would require
the Peace Corps to convert to the General Schedule positions which
do not meet the requirements of section 501('b) . For the employees
converted, this will mean the protections of the competitive service
and will permit achievement op career status after three years. This
new provision in no way changes the five-year employment limitation
of the Peace Corps Act and in no way reduces the autonomy of the
Peace Corps. What it does. do is require the Peace Corps to manage
its personnel system in the same way that all other agencies of the
Government are required to manage their personnel systems.
This chapter amends provisions of title 5, United States Code, to
conform with the provisions of the bill. There are also a number of
new provisions.
New subchapter VI of chapter 35 is added to facilitate broadened
interchange between the Foreign Service and the competitive service.
This subchapter follows existing law in providing reemployment
rights following a limited appointment in the Foreign Service.
Sections 5522 and 5523 of title 5 were amended to permit pay ad-
vances when Foreign Service personnel have to leave post. Existing
law only permits such advances at times of imminent danger to lives.
The new language gives the Secretary of State the authority to order
departures from post in the national interest. The problem with the
existing language is that declaring an imminent danger in order to
permit an evacuation might in itself cause the dangerous situation
which the Secretary of State is attempting to avoid by ordering an
evacuation. This less restrictive language should serve both the inter-
ests of the employees and the interests of foreign policy.
The back-pay provisions are amended to allow the payment of back
pay and attorneys fees in Foreign Service grievance cases and in labor
disputes to the same extent as authorized with respect to the rest of
the Civil Service.
Section 5924 of title 5 providing for the payment of certain cost-of-
living allowances is amended to permit payment of separate main-
tenance allowances when the employee elects not to have his family
accompany him to post. Such an allowance is offset by savings result-
ing from reduced transportation and post allowances.
Section 5925 of title 5 is amended to allow for the payment of
special incentives to Foreign Service personnel to encourage them to
accept assignment at particularly unattractive posts abroad. This 15
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percent supplement can be paid in addition to the post differential.
New section 5928 of title 5 permits the payment of a 25 percent sup-
plement for service in particularly dangerous posts.
This chapter contains a broad and traditional savings provision.
The committee intends that the Act be implemented in a way which
minimizes disruption to employees and eases the transition. The com-
mittee further intends that ratings of selection boards completed
before the effective date of this Act may be. used for the purposes of
the Act so long as the selection board procedures meet all the pro-
cedural guidelines established in the Act.
Section 2402 requires a report by the Secretary of State on the imple-
mentation of the Act. This reporting requirement is intended to main-
tain congressional pressure on Foreign Service management to move
toward a regular and predictable flow of recruitment and to assure
that the transition is conducted in an intelligent and responsible
manner.
SECTION-BY-SECTION ANALYSIS
Section 1-Short title
Section 1 provides that this Act may be cited as the "Foreign Serv-
ice Act of 1980".
Sections-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
Section 101-Findings and objectives
Section 101(a) sets forth congressional findings concerning the
conduct of foreign policy of the United States, the Foreign Service
of the United States, and the relationship between the two. The sec-
tion highlights the need for a career foreign service, characterized
by excellence and professionalism, which will provide assistance to
the President, the Secretary of State, and the agencies concerned with
foreign affairs in the conduct and formulation of U.S. foreign policy.
Furthermore, it is noted that the Foreign Service of the United
States, as established by the foreign service acts of 1924 and 1946, must
be preserved as a separathe entity, strengthened, and improved to
carry out its mission effectively. This legislation builds on the ground-
work provided by those earlier laws.
The section goes on to articulate the continuing need for members
of the Foreign Service to be representative of the American people,
aware of United States history and principles, informed of current
concerns and trends in American life, knowledgeable of the affairs,
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cultures, and languages of other countries, and available to serve in
assignments throughout the world.
Section 101(a) also states that the Foreign Service should be oper-
ated on the basis of merit principles. 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 discrimination. Specifically, merit prin-
ciples, as defined in section 102 (8) of the bill, are set out in the Civil
Service Reform Act (see, 5 U.S.C. 2301) and are made explicitly ap-
plicable to the Foreign Service by the bill. The merit principles apply,
for example, to recruitment, appointment, assignment, promotion, and
training in the Foreign Service.
This section contemplates the development and maintenance 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 legislation
currently applicable to the Foreign Service, such as Title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e), section 15 of the Age Dis-
crimination in Employment Act of 1967 (29 U.S.C. 633a), section 501
of the Rehabilitation Act of 1973 (29 U.S.C. 791), and provisions of
the CSRA (5 U.S.C. 2301, 2302).
The committee believes that these finding are fundamental to the
character and operation of the Foreign Service. In order to be truly
representative of the American people, the members of the Foreign
Service must be recruited, trained, and promoted without discrimina-
tion on the grounds of race, religion, sex, national origin, marital
status, age, or handicapping condition. In order to ensure a Foreign
Service with the high caliber members, knowledgeable in U.S. history
and current events as wellas in foreign languages and cultures the
programs for recruitment and examination of entering candidates
must be strengthened and improved.
Finally, availability for worldwide assignment must be clearly un-
derstood as a fundamental requirement for an individual to enter the
Foreign Service and thereafter to be promoted and retained within
the Service. One of the basic problems giving rise to this legislation is
the decline of "worldwide availability". Approximately 51 percent of
the individuals between ages 50 and 60 who are serving today in the
Foreign Service are not available for worldwide assignment. This re-
sults in a concentration of such individuals in Europe and Washing-
ton and the inability of the foreign affairs agencies to ensure adequate
staffing of the more' undesirable posts overseas. While the committee
does not expect, and would not condone, absolute adherence to the re-
quirement of "worldwide availability", the committee does expect that
the requirement will be carefully defined and applied so as to preserve
both the individual rights of members of the Foreign Service and the
needs of the foreign affairs agencies for effective staffing patterns over-
seas. The requirement is not to be used as a means to engineer the re-
tirement of members of the Service who have disagreed with adopted
policies.
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Section 101(b) states the objective of the bill which is to strengthen
and improve the Foreign Service of the United States. This is to be
accomplished, in accordance with merit principles, by admission 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 per-
formance. This bill reaffirms the "up or out" character of the Foreign
Service.
Another means to attain the stated objective is, as expressed in sub-
section (b) (2), to foster the development and vigorous implementa-
tion of policies and procedures, including affirmative action programs,
which will ensure equality of opportunity in entry into and advance-
ment within the Foreign Service. This complements the finding in
section 101(a) (4) that the Foreign Service should be representative
of the American people.
Section 101(b) (3) states that the Foreign Service will be strength-
ened by simplifying the structure of the Foreign Service personnel
categories and salaries 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 "domes-
tic" Foreign Service category which has in the past weakened severely
the requirement of availability for worldwide service. A single For-
eign Service Schedule results from the elimination of the separate pay
schedules.
Section 101(b) (4) states that the bill will strengthen and improve
the Foreigreln Service by establishing a statutory basis for labor-man-
agement ations in the Foreign Service. These relations have been
governed by Executive Order No. 11636 of December 17, 1971. They
will now be governed by Chapter 10 of this bill, which is derived sub-
stantially from chapter 71 of title 5, United States Code (title VII of
the CSRA). 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, as amended, which is codified in
chapter 11 of the bill, with certain improvements.
Section 101(b) (5) states that the Foreign Service will be strength-
ened by minimizing the impact of the hardships and burdens of over-
seas service upon members of the Foreign Service, and mitigating
the special impact of those conditions upon their families. The com-
mittee recognizes that the requirements of the Foreign Service affect
both the members of the Service and their families.
Section 101 (b) (6), drawn from section 111(7) of the 1946 Act,
states that providing compensation which will attract and retain quali-
fied personnel, together with a system of incentive payments and
awards to encourage and reward outstanding performance will help
strengthen the Foreign Service. Compensation for members of the
Foreign Service should take into account the conditions of overseas
service referred to in section 101(b) (5).
Section 101(b) (7) relates to establishing a Senior Foreign Service
to provide a highly qualified corps of senior officers who together
possess outstanding executive leadership qualities, strong policy form-
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ulation capabilities, and highly developed functional and area exper-
tise. While no single officer may necessarily possess all these qualities,
this section describes the kinds of talents the committee expects to be
reflected in the Senior Foreign Service.
Section 101(b) (8) follows section 11(8) of the 1946 Act and relates
to improving managerial flexibility and effectiveness. The committee's
intent is to strike the necessary balance between managerial flexibility
and protection of the rights of individuals in the Foreign Service.
Section 101(b) (9) relates to increasing efficiency and economy by
promoting maximum compatibility among the agencies authorized
by law to utilize the Foreign Service personnel system, as well as
compatibility between that system and other Federal personnel sys-
tems. The committee discussed and rejected a legislative requirement
for a completely uniform Foreign Service or the development of a
single Senior Foreign Service crossing agency lines.
While at one time the Foreign Service was entirely contained with-
in the Department of State as the primary foreign affairs agency,
the situation has changed 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 Arms Control and Disarmament Agency, the Peace
Corps, and the Department of Commerce. While the different areas
of foreign policy expertise demand different kinds of specialized
training, certain fundamental skills required of Foreign Service per-
sonnel 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 established policies of the Unit-
ed 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
improve leading to that maximum compatibility which is an objec-
tive of the bill. The authority of each agency head over the personnel
and operations of his agency remains intact. The committee expects
the heads of the various foreign affairs agencies to work together to
increase uniformity of personnel management.
Section 101(b) (10) relates to enabling the Foreign Service to serve
effectively the interests of the United States and to provide the high-
est 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
definitions 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 are not intended to apply to chapters
2 and 3 of title II of this bill containing technical and conforming
amendments to other laws, since those laws contain their own defini-
tions of terms.
Section 102(a) (1) follows section 121(7) of the 1946 Act in de-
fining "abroad" to mean all areas not within the United States, which
is defined in section 102(a) (12).
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"Agency" is defined by section 102 (a) (2) to conform with the defi-
nition in 5 U.S.C. 552(e), which excludes .the Congress, the Federal
courts, the governments of U.S. territories and possessions, and the
government of the District of Columbia. However, it does include
Government corporations, independent agencies, and all executive
branch establishments, including the Executive Office of the Presi-
dent. The 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
Secretary of State as diplomatic in nature, including an officer who
is temporarily in charge of a mission. This definition is substantially
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, but, with respect to
the exercise of functions under the bill, references to the Department
also include other agencies authorized to use the Foreign Service per-
sonnel system.
Section 102 (a) (5) defines "employee" to mean both civilian and
uniformed personnel of the United States 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 Chapter 10 of the bill.
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
ZTnited States of America. This subsection is a verbatim restatement
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, enacted as part of the CSRA. Among the
principles set forth in 5U.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 competition which assures that all re-
ceive equal opportunity; (2) discrimination on the basis. of race, sex,
age, religion, national origin, marital status, or handicappn condition
should be prohibited; (3) equal pay should be provided for equal
work, with appropriate incentives and recognition provided for excel-
lent performance; (4) retention and separation should be based on
performance; (5) employees should be provided effective edu-
cation and training where this would result in better organiza-
tional and individual performance; and (6) employees should be
protected against arbitrary action and personal favortism. These
merit principles.are referred to in subsequent sections of the bill gov-
erning personnel administration.
Section 102 (a) (9) defines "principal officer" as the officer in charge
of a 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
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includes officers in charge of special purpose posts, such as the Sinai
Support Mission, which were not contemplated by the 1946 Act.
Section 102 (a) (10) follows section 121(3) of the 1946 Act in defin-
ing "Secretary" to mean the Secretary of State and adds that (subject
to section 201(b) relating to exclusive functions of the Secretary of
State) "Secretary" also includes the heads of other agencies authorized
to use the Foreign Service personnel system. Similarly, in this report,
the term "Secretary" unless otherwise indicated, includes the heads
of other agencies utilizing the personnel authorities in the bill.
Section 102(a) (11) defines "Service" as the Foreign Service of the
United States. This restates section 121(2) of the 1946 Act.
Section 102(a) (12) defines "United States", when used in a geo-
graphic sense, as the fifty 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 respect
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 (1968), which is repealed
by the bill.
Section 103-Members of the Service
Section 103 lists the categories of the members of the Service. It is
patterned after section 401 of the 1946 Act.
There are seven categories of personnel included under the generic
term "members of the Service" : (1) chiefs of mission; (2) ambassadors
at large; (3) members 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 under 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 and Foreign Service staff personnel under the 1946 Act are
abolished as is the category of Foreign Service Reserve Unlimited
established by Public Law 90-494, 82 Stat. 810 (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 mem-
bers of the Foreign Service. Paragraph (1) states that members of
the Service,, under the direction of the Secretary, shall represent the
interests of the United States in dealings with foreign countries and
international 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 adminis-
tration for the conduct of foreign affairs. While derived substantially
from section 301 of the 1946 Act, the paragraph adds a reference
to functions performed under the Vienna Convention on Diplomatic
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Relations and the Vienna Convention on Consular Relations, two
widely-accepted multilateral agreements of particular significance be-
cause they codify much of customary international law with respect
to diplomatic and consular relations.
Section 104(2) states that members of the Foreign Service shall
provide guidance for the formulation and conduct of United States
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,
section 104(3) directs that members of the Service shall perform
functions on behalf of any agency or other Government establish-
ment requiring their service. This provision permits members of the
Foreign Service to use the authorities of other agencies at the request
of such agencies 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 administering contracts at the request of the De-
partment of Agriculture.
Section 105-Merit principles; protections for members of the Serv-
ice; and minority recruitment
Section 105 sets forth provisions relating to the application of
merit principles, the protection from reprisals against members of
the Service, and the establishment of a recruitment program for
women and minorities. The section is new in that it has no parallel
in the 1946 Act and does provide, for members of the Foreign Serv-
ice, express protection against reprisals for reporting information,
analyses, or recommendations which do not follow official policy.
Section 105 (a) (1) requires that all personnel actions affecting
career 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 mean appointments,
promotions, assignments, performance pay or special differential
awards, step increases, separations, 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 en-
sure 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 par-
allels the prohibited personnel practices contained in the CSRA (see,
5 U.S.C. 2302 (b) (1)) . Individuals are free from the reprisals for pub-
lic disclosures of information, made in the reasonable belief that the
information evidences a violation of law, rule, or regulation, or mis-
management, a gross waste of funds, abuse of authority, or a danger
to public health or safety if the disclosure is not specifically prohib-
ited by law and if the information disclosed is not specifically required
to be kept secret in the interest of national defense or the conduct of
foreign affairs. Protection is also provided for any disclosure made
to the Special Counsel of the Merit Systems Protection Board, or to
the Inspector General of the Department of State and the Foreign
Service or of an agency, or to specially designated individuals, if the
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disclosure is made in the reasonable belief that the information evi-
dences the matters discussed in the preceding sentence.
Subsection (b) (3) sets forth specific protection for individuals sub-
mitting reports, evaluations, or recommendations through separate
dissent channels, whether or not the information is in accord with ap-
proved policy. This makes specific legislative provision for the dissent
channel procedures currently in existence in the Department of State.
It is the committee's intent to encourage the best possible reporting
from the field and to build into the structure of the Foreign Service
and the foreign affairs agencies the maximum possible capability for
internal discussion and dissent. Protection of the individual against
reprisals for disagreement with approved policies is essential to this
process.
Section 105(c) specifically provides that the section does not author-
ize withholding information from the Congress and prohibits re-
prisals 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 provisions of the
CSRA (see, 5 U.S.C. 7201). Furthermore, the section provides for an
annual report personally signed by each agency head on the recruit-
ment program established, including any affirmative action plans sub-
mitted under section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16), as well as recommendations for administrative or legisla-
tive actions which may be appropriate.
Section 105(e) provides that this section does not limit any other
affirmative action or equal opportunity program to affect any right or
remedy available to an employee or applicant under existing Federal
statutes prohibiting discrimination.
CHAPTER 2-MANAGEMENT OF THE SERVICE
This chapter identifies those officials who are primarily responsi-
ble for the administration of the Foreign Service and describes their
respective functions. It also sets forth again the objective of maximum
compatibility among the agencies authorized to use the Foreign Serv-
ice Act authorities.
Section #01-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 Secretary
of State and not by heads of other agencies utilizing Foreign Services
personnel authorities.
Central authority for direction and administration of the Foreign
Service was placed with the Secretary of State in 1949 by section 3 of
Public Law 81-73, 63 Stat. 111 (1949), which made the Secretary re-
sponsible for the overall administration of the 1946 Act. Certain func-
tions under the bill are vested exclusively in the Secretary of State,
including: (1) designation of offices abroad as diplomatic in nature;'
(2) supervision and direction of the Director General; (3) recom-
mendations to the President that members of the Senior Foreign Serv-
ice be awarded grants of performance pay for especially meritorious
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or distinguished service; (4) issuance of regulations regarding local
compensation plans; (5) operation of the Foreign Service Institute
under chapter 7; and (6) administration of the Foreign Service Re-
tirement and Disability System under chapter 8. As has been the prac-
tice in the past, the committee expects that the Secretary of State will
continue to consult with the Director of the Office of Personnel Man-
agement to achieve necessary coordination between the two personnel
systems.
Section 202-Other agencies utilizing the Foreign Service personnel
system
Section 202 (a) authorizes the Director of the International Com-
munication Agency and the Director of the United States Interna-
tional Development' Cooperation Agency, with respect to their respec-
tive agencies, the Secretary of Agriculture with respect to the Foreign
Agricultural Service, and the Secretary of Commerce, with respect to
those employees of the Department of Commerce performing func-
tions transferred to that Department from the Department of State
by Reorganization Plan No. 3 of 1979, 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 authori-
ties may be used. This supersedes corresponding provisions in the
Foreign Assistance Act of 1961 and in Public Law 90-494, 82 Stat.
810 (1968), concerning the authority of the Director of the Inter-
national Communication Agency, which are repealed by section 2205
of this bill.
Section 202 (b) makes clear that, except for those functions express-
ly reserved by the bill to the Secretary of State, heads of agencies
which are authorized to utilize the Foreign Service personnel system
shall exercise the functions vested. in the Secretary by the bill for their
respective agencies. This section derives from the definition of "Secre-
tary" contained in section 102(a) (10).
The committee notes that, at present, the Agency for International
Development does not possess a Foreign Service officer corps, due
partly to the fluctuating program levels of the agency and the special-
ization of its personnel. The committee believes that development as-
sistance constitutes a vital aspect of United States foreign policy and
that AID must be recognized as a partner in the foreign policy effort
with the other foreign affairs agencies. There is certainly no doubt
from its activities overseas and its interrelationships with other
agencies at posts that development personnel serve 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 officers corps to
the extent practicable. The committee also urges the Agency to seek
greater use of the chapter 5 authorities permitting 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 maximum compatibility in the
management and. administration of the Foreign Service person-
nel system among all agencies authorized to utilize that system. See-
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tion 203 (a) extends to all agencies with Foreign Service personnel
authority the policy of section 5 of Public Law 90-494, 82 Stat. 810
(1968), which prescribes that the Foreign Service information officer
personnel system shall be compatible within the Foreign Service of-
ficer personnel system. To accomplish the goal of maximum compati-
bility, the section directs regular consultation 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.
The Committee has found that compatibility promotes efficiency in
the management and administration of the Service and thereby pro-
motes U.S. foreign policy endeavors. This provision clarifies present
practice and highlights the necessary and desirable working relation-
ships among the agencies concerned with foreign affairs. Unlike the
situation in domestic policy agencies, where different purposes and
mandates exist, the foreign affairs agencies together serve the needs
of United States foreign policy. No one agency can ignore the activi-
ties of the others without eventually jeopardizing foreign policy ob-
jectives. This is particularly, true at posts overseas, where representa-
tives of the foreign affairs agencies, as well as of some domestic agen-
cies, must work together in order to serve U.S. objectives. The "coun-
try team" concept operates well where consultation and coordination
occur regularly. The committee expects that the agencies will give
high priority to this goal.
Section ?04-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 func-
tions where feasible. Consolidations pursuant to this section shall be
in accordance with section 23 of the basic authorities of the Depart-
ment of State, as enacted by section 111 (a) of the Foreign Relations
Authorization Act, Fiscal Year 1979, Public Law 95-426, 92 Stat. 963
(1978).
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 the Office of Personnel Management, the Di-
rector of the Office of Management and Budget, and the heads of other
concerned agencies as determined by the President. This section con-
tinues the policy enunciated in section 5 of Public Law 90-494, 82
Stat. 810 (1968), of administering the Foreign Service personnel sys-
tem in conformity with the general policies and regulations of the
Government to the extent practicable. The provision continues the
requirement of consultation with the Office of Personnel Management
and the Office of Management and Budget.
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Section 206-Regulations; delegation of functions
Section 206 provides the Secretary's basic authority to prescribe
regulations and delegate functions to carry out the provisions of the
bill. This section consolidates several provisions of existing law. Sec-
tions 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, 63 Stat. 111..(1949), which placed central authority for ad-
ministering 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 function to
officers and employees under his direction.
In view of this consolidated single authority to prescribe regulations,
it is unnecessary to follow the practice of the 1946 Act in referring to
"regulations as the Secretary may prescribe" throughout the bill. Such
references have therefore been eliminated.
Section 207-Chief Of mission
Section 207 delineates the interagency direction, coordination, and
supervision 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). This section describes broadly the "country team"
concept which is essential, to the effective conduct of United States
foreign policy abroad. It recognizes the authority and leadership of
the chief of mission over Government employees whether they are
physically 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-
ployees in that country, with the sole exception of employees under
the command of a United States 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 ensure
that all Government 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 ensure that their employees keep
the chief of mission fully and currently informed of their activities
and 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 United States area mili-
tary commander. The committee emphasizes that, for purposes of sec-
tion 207, "employee" also covers individuals who are working over-
seas under contract to a Government agency. As noted, this section
does not subject military personnel serving under the command of a
United States military area commander (e.g., CINCEUR, CINPAC)
to the direction, coordination or supervision of the chief of mission.
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Such military personnel in the field report to the President, in his
capacity as Commander-in-Chief, through military channels rather
than through chiefs of mission. However, the chief of mission must be
kept fully and currently informed about the activities and operations
of such military personnel.
The authority of the chief of mission is drawn very broadly not only
to enable the United States to carry out its foreign policy objectives
effectively, but also to ensure the safety and security of Government
employees. Should an evacuation, for example, be necessary, the com-
mittee expects that all employees, regardless of their parent agency,
will comply immediately with an evacuation directive 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 man-
agement of the Service and shall perform such functions as the Sec-
retary 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 re-
sponsibilities for interagency coordination and compatibility under
sections 203 through 205 of the bill.
This section alters the appointment procedures for the Director
General by making that individual a Presidential appointee, from
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 1946 Act to vest pri-
mary authority for administration of the Foreign Service in the Sec-
retary rather than directly in the Director General.
Section 209-Inspector General
Section 209, as amended by a committee amendment, establishes a
statutory Office of Inspector General for the Department of State and
the Foreign Service patterned after similar offices created in other
Federal departments and agencies under the Inspector General Act
of 1978, Public Law 95-452, 92 Stat. 1101 (1978).
The Office will be headed by an Inspector General appointed by the
President, by and with the advice and consent of the Senate, without
regard to political affiliation from among individuals exceptionally
qualified for the position by virtue of their integrity, and their
demonstrated ability in accounting, auditing, financial analysis, law,
management analysis, public administration, and investigations or
their knowledge and experience in the conduct of foreign affairs. The
Inspector General will report to and be under the general supervision
of the Secretary of State, but could be removed from office only by the
President. In the event of any such removal, the President would be
required to communicate the reasons for removal to both Houses of
Congress. The Secretary of State and other officials of the Depart-
ment are specifically barred from preventing the Inspector General
from initiating, carrying out, or completing any audit or investiga-
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tion, or from issuing any subpena during the course of any audit or
investigation.
The Inspector General is required to submit an annual report to the
Secretary of State describing significant problems, abuses and de-
ficiencies disclosed during the reporting period, and recommending
corrective action. The report will also identify significant previous
recommendations on which corrective action had not been completed
and would include a summary of matters referred to prosecutive
-authorities and convictions which has resulted. Reports will be sub-
mitted to the Secretary not later than April 30 of each year and will
be transmitted to appropriate committees of the Congress within 30
days thereafter, together with any comments the Secretary of State
considers appropriate.
The Inspector General will be required to report immediately to
the Secretary of State whenever he or she becomes aware of partic-
ularly serious or flagrant problems, abuses, or deficiencies, and any
such reports will be required to be transmitted by the Secretary to
appropriate committees of the Congress within seven days thereafter.
Numerous significant, provisions of the Inspector General Act of
1978, Public Law 95-452, 92 Stat. 1101 (1978), are replicated in this
bill. One such provision requires the appointment of Assistant In-
spectors General for Auditing and for Investigations. These officials
will serve to focus attention on these two important oversight activi-
ties. The committee expects other Assistant Inspectors General would
also be appointed.
Another provision adopts by, reference the full panoply of powers
given to Inspectors General in section 6 of the Inspector General Act.
Those powers include the, power to issue subpenas, to take depositions,
and to hire staff independent of the Secretary. Further, these powers
provide a high level of independence for the operations of the Inspec-
tor General.
The Inspector General is `given a specific charge to assure compli-
ance with the employee rights provisions of section 105.
Section 21O=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 person-
nel 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 in 1965, and the Board was continued thereafter by Executive
Order No. 11264, as amended. Its members include the Agency for
International Development, the International Communication Agency,
the Department of Commerce, the Department of Labor, the Depart-
ment of Agriculture, the Office of Personnel Management, and the
Equal Employment Opportunity Commission. The quasi-judicial func-
tions in labor-management relations and-separation for cause hereto-,
fore exercised by the Board. are now vested , by the bill in the
appropriate bodies described in chapters 10 and 11, respectively.
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49
?S1ection p11-The Board of Examiners for the Foreign Service
Section 211(a) provides for the establishment of a Board of Exam-
iners 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 five 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 in-
clude representatives of agencies which utilize the Foreign Service
personnel system as well as representatives of other agencies, such as
EEOC and OPM, which have responsibility for employment testing.
The Board is charged under section 211(b) with reviewing the
examinations periodically to determine whether they have any adverse
effects on equal employment opportunity and are valid indicators of
job performance, and to find alternatives as necessary. An annual
report to the Secreary of State is also required, together with recom-
mendations for improvement.
The Board of Examiners was originally authorized under section
212 of the 1946 Act. This provision adds the requirement of ensuring
that examinations do not undermine the equal opportunity objectives
stated in section 101(b) (2) (B) of the bill.
This chapter consolidates and simplifies the various Foreign Service
appointment 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 twq types of appointment, career and
limited, which may be used to meet the needs of the Service.
Section 301-General provisions relating to appointment8
Section 301 (a) carries forward the current requirement of sections
515, 522, and 534 of the 1946 Act that only citizens of the United
States be appointed to the Service, other than for service abroad as a
consular agent or foreign national employee.
Section 301(b) authorizes the Secretary to prescribe examinations
for appointment to the Service. Section 212 of the 1946 Act had placed
authority to prescribe such examinations with the Board of Examiners
of the Foreign Service, but these functions were transferred to the
Secretary pursuant to reorganization plan (Reorganization Plan No. 4'
of 1965) and Executive Order No. 11264. The Board now exercises
these functions under a delegation from the Secretary and it is ex-
pected that it will continue to do so. The nature of the examinations
will depend upon the type of appointment involved. In particular,
Foreign Service officer candidates will continue to be subject to dif-
ferent examinations than candidates for other personnel categories.
The committee recognizes that recruitment is becoming increasingly
difficult. Due to the budget cutbacks and pay caps of recent years, the
Federal Government is no longer as competitive with the private sec-
tor as it once was. The increased burdens on Foreign Service families
and the dangers posed by terrorist activity overseas make Foreign
Service careers less attractive. However, these same burdens and
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dangers face U.S. companies doing business abroad and these com-
panies are seeking solutions such as better insurance policies and
higher incentive payments. The committee has taken steps in this
legislation to provide incentive payments to attract people to enter
and remain in the Foreign Service.
Section 301(c) carries forward in substance section 14 of Public Law
90-494, 82 Stat. 810 (1968), which is repealed by the bill. It provides
that 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 set forth in regulations issued by the
Secretary. This provision complements, and doe's not detract from
current veteran's 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 five years or less, are
either career candidates or noncareer members of the Service. For
example, individuals who enter the service as candidates for Foreign
Service officer must first serve under a limited appointment in accord-
ance with sections 202 and 306 (a). Upon successful completion of the
limited appointment as a career candidate, an individual may then be
appointed by the President as a Foreign Service officer. This simplifies
somewhat the procedure under section 516 of the 1946 Act whereby
applicants were initially appointed by the President. The concept
of career appointment does not apply to chiefs of mission, ambassdors
at large, and ministers, who serve at the will of the President.
Section 303-Appointment by the President
Section 302 provides for the appointment of certain members of the
Foreign Service by the President, and specifies the effect of a Presi-
dential appointment of a member of the Service.
Section 302 (a) (1) states that chiefs of mission, ambassadors at
large, ministers, career members of the Senior Foreign Service, and
Foreign Service officers shall be appointed by the President by and
with the advice and consent of the Senate. This paragraph carries for-
ward 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
Foreign Service officers shall now be made only after the candidate has
performed 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 predominately 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 or by the Secretary.
Section 302 (a) (2) (A) authorizes the President, with the advice and
consent of the Senate, to confer upon a career member of the Senior
Foreign Service the honorary rank of career ambassador. This rank is
awarded in exceptional cases, of sustained, especially distinguished
service.
Section 302(a) (2) (B) preserves the current limitation that the
President may confer the personal rank of ambassador, to be effective
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for a period not exceeding six months, upon an appointee in connec-
tion with a special mission lasting not more than six months. This sec-
tion is derived from section 501 (c) of the 1946 Act. Section 302 (a) (2)
(C) states that no additional compensation attaches to the conferral of
the rank of career ambassador or of the personal rank of ambassador.
Section 302 (b), derived from section 571(b) of the 1946 Act, permits
a member of the Foreign Service to retain his or her status in the Serv-
ice while serving in a position outside the Service to which he or she
has been appointed by the President. The section provides 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,
to remain eligible for performance pay, and to receive leave to which
the member is entitled as a member of the Senior Foreign Service in
lieu of receiving the salary and leave of the position to which the mem-
ber is appointed. The provision precludes the situation where an able
senior officer could incur a financial loss by accepting a Presidential
appointment involving increased responsibility. A member of the Sen-
ior Foreign Service, selected because of outstanding qualifications to
serve as a chief of mission or Assistant Secretary, would not be re-
the career Foreign Service. This paragraph assures that all such senior
the 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 51.6(c), 522, 531, 541, and 551 of the
1946 Act, as well as section 15 of Public Law 90-494, 82 Stat. 810
(1968).
Section 304-Appointment of chiefs of mission
Section 304 states criteria and procedures designed to ensure that
individuals 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 prin-
cipal language or dialect of the country in which the individual is to
serve, as well as knowledge and understanding of the history, cul-
ture, economic and political institutions, and the interests of that coun-
try and its people. Contributions to political campaigns must not be
considered by the President in appointing ambassadors. The section
also reflects the committee's intent that the career members of the For-
eign Service should be a primary resource from which chief of mis-
sion appointments should be made. These provisions are carried for-
ward from section 104 of the Fiscal Year 1976 Foreign Relations
Authorization Act, Public Law 94-141, 89 Stat. 756 (1975), and from
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section 120 of the Fiscal Year 1977 Foreign Relations Authorization
Act, Public Law 94-350, 90 Stat. 823 (1976).
Section '304(b) (1) requires the Secretary of State to furnish to the
President periodically a list of career members of the Foreign Serv-
ice who are qualified to serve as chiefs of mission, together with
pertinent supporting information. Paragraph (2) requires each
nominee to file with the Committee on Foreign Relations and the
Speaker of the House a report of political contributions by that
individual and his or her family within the past four years. This
provision is carried forward from section 6 of the Department of
State Appropriations Authorization Act of 1973, Public Law 93-126,
87 Stat. 451 (1973).
The committee expresses its concern that, all too often, nominations
for appointment as chief of mission to major trading partners and
allies are made without regard to the ability of individual nominees
to function in the diplomatic arena. This is not to suggest that many
political appointees have not demonstrated great competence as am-
bassadors, and individuals outside the Foreign Service who possess
significant foreign policy skills should certainly be considered for
ambassadorial appointment. Nonetheless, the Foreign Service is,
among other things, a training ground where the very skills needed in
our ambassadors are developed' Therefore, the committee urges the
President and the Secretary of State to give serious consideration
to talented Foreign Service officers for appointment as ambassadors
at large as well as small posts overseas. Furthermore, it is expected
that Foreign Service personnel from the foreign affairs agencies oth-
er than the Deptartment of State will also receive fair consideration
for chief of mission nominations.
Section 305-Appointment to the Senior Foreign Service
Section 305 sets forth provisions regarding appointment to the
Senior 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 preserves, with respect
to the Senior Foreign Service, the general principle that in the For-
eign 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.
Section 305 (b) provides that the number of members of the Senior
Foreign Service serving under limited appointments shall not exceed
five percent of the total number of Senior Foreign Service mem-
bers. Because of the limited tenure of Peace Corps personnel, mem-
bers of the Senior Foreign Service assigned to the Peace Corps are
excluded from this calculation. Also, career appointees in the Senior
Executice Service who accept limited Senior Foreign Service appoint-
ments, either as career candidates or for limited periods with re-
employment rights (see, section 310 , infra.), are excluded from the
calcuation. Any other individual serving under a limited Senior For-
eign Service appointment (including noncareer members and other
SFS career candidates) would be considered in the calculation.
The committee notes that this limitation parallels the 10 percent
limitation on noncareer personnel at the senior levels of the Civil Serv-
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ice. The five percent limitation approximates the number of noncareer
top officials in the Foreign Service today. The committee stresses that
this limitation must be observed. The Senior Foreign Service is in-
tended to be a reward for excellence for those career members who
have put in the time and effort to develop their talents and skills.
Section 306-Career appointments
Section 306(a) requires that each candidate for a career appoint-
ment in the Service first serve a trial period under a limited appoint-
ment, during which the Secretary shall decide whether or not to offer
a career appointment to the candidate, or to recommend the candidate
to the President for a career appointment, as appropriate. Under sec-
tion 309 of the bill, a limited appointment may never exceed five years.
Accordingly, no probationary period may exceed that length. For a
Foreign Service officer candidate, probationary limited appointments
will normally be for four years as is the current practice. Different
periods may be prescribed, as appropriate, for various occupational
categories of Foreign Service personnel. For example, a single year
should be a sufficient probationary period in some cases.
The limited appointment trial period prescribed in this subsection,
is adapted from two provisions of existing law. Section 516(c) of the
1946 Act, enacted in 1977, provides that Foreign Service officer can-
didates may be given limited appointments of up to five years as For-
eign Service Reserve officers. (The 1979 Act abolishes the Foreign
Service Reserve as such.) Section 15(a) of Public Law 90-494, 82
Stat. 810 (1968), 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.
Career members of the Senior Foreign Service will normally be
appointed by the promotion (see, section 601) of career personnel who
will have established records of performance in the Foreign Service.
Career candidates for the Senior Foreign Service will be appointed
from outside the career Service only in extraordinary cases where the
needs of the Service cannot otherwise be met. The committee under-
stands that such candidates will serve not less than four years in a
probationary status so that their qualifications for career status can be
thoroughly evaluated.
Section 306 (b) states that decisions by the Secretary concerning
whether or not to offer, or to recommend to the President, any career
appointment shall be based upon the recommendations of boards com-
posed entirely or primarily of career members of the Service who will
evaluate the fitness and aptitude of the candidates for the work of the
Service. This extends for general application in the Service (including
the Senior Foreign Service) the "tenure board" procedure currently
used to evaluate Foreign Service officer candidates. The committee be-
lieves that past practice has indicated that this procedure of evaluation
by one's peers has been effective. Together with the safeguards of the
grievance procedures established in Chapter 11, this procedure helps
to ensure that appointment decisions will not be arbitrary.
Section 307-Entry levels for Foreign Service officer candidates
Section 307 states that a Foreign Service officer candidate shall be
initially assigned under section 404 to a salary class no higher than
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class FS-5 unless the Secretary determines that an individual's quali-
fications and experience and the needs of the Service make assignment
to a higher class necessary or unless the candidate is currently serv-
ing under a career appointment in the Service at a salary rate equal
to or exceeding that of class FS-4. The first exception is intended for
lateral entrants from outside the Foreign Service, while the second
exception would be applicable to the lateral transfer of a career member
from another Foreign Service category to Foreign Service officer.
This section 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 four years of service with a Government agency
(or three years of such service if over age thirty) 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 of-
ficer entry level, while permitting lateral entry to higher salary
classes where individual qualifications warrant it. However, this sec-
tion avoids specifying the factors in as rigid a manner as section 516
of the 1946 Act had done. The section is not intended to preclude or
limit programs designed to encourage entry at higher levels by women
or members of minority groups. The committee expects such appoint-
ments to be based on the qualifications of the individual and the needs
of the Service.
The normal entry level of class FS-5 specified by this section is
roughly comparable to class 6 under the present Foreign Service officer
salary schedule. This expands somewhat the normal entry range for
officer candidates for competitive purposes and in recognition of the
broader range of educational backgrounds and experience of Foreign
Service officer candidates in recent years.
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 reap-
point former career members without requiring them to complete a
new period in probationary status.
This section is derived from section 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) requires Pesidential
appointment only where the recall would involve promotion into or
within the Senior Foreign Service. This is in keeping with section 601
(a) of the bill, which provides that promotions within the Foreign
Service Schedule (cf. section 403) are affected 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.
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Section 309-Limited appointments
Section 309 provides for limited appointment in the Service which
may not exceed five 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 one year or less. This subcategory is neces-
sary to facilitate the identification of those limited appointments whose
incumbents are ineligible, under Civil Service laws, for certain benefits
such as leave accrual and participation in the CivilService Retirement
and Disability System.
The committee notes that section 504 (a) specifies that career Foreign
Service personnel shall be obligated to serve abroad, and shall be ex-
pected to serve abroad for substantial portions of their careers. Con-
sistent with this principle, section 308 contemplates that individuals
receiving limited appointments in the Service will be obligated and
expected to serve abroad.
Section 309 is derived in part from section 531 of the 1946 Act, which
gave the Secretary authority to make temporary or limited appoint-
ments in the Foreign Service Reserve. The language of section 309 is
more generalized than its predecessors, but it continues 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 be reemployed in accordance with section 3597 of title 5, United
States Code, as added by section 2301 of the bill and discussed below.
Section 311-Employment of family members of Government Em-
ployees
Section 311 prescribes policies for the employment in the Foreign
Service of family members of Government personnel abroad, and is
derived from section 413 of the Foreign Relations Authorization Act,
Fiscal Year 1978, Public Law 95-105, 91 Stat. 844 (1977), and from
section 401 (a) (2) of the Foreign Relations Authorization Act, Fiscal
Year 1979, Public Law 95-426, 92 Stat. 963 (1978).
Section 311 provides that equal consideration shall be given to hir-
ing qualified family members of Foreign Service and other Govern-
ment personnel for positions abroad, including foreign national posi-
tions, not customarily filled by career personnel. This does not, how-
ever, preclude the possibility that, in appropriate instances and on a
temporary basis only, dependents may fill positions which are usually
filled by Foreign Service personnel. The committee notes that some of
? the more interesting jobs offered abroad are those which are filled by
career personnel, but which become vacant for several months or
longer, due to the inability to find a replacement immediately or to
a delay in the arrival of a replacement. This section would permit the
temporary employment of qualified dependents to fill such career
positions. In no case may this authority 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 unavoid-
ably occur at posts overseas. Accordingly, section 311(b) specifically
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adds the caveat that, employment of family members must not be used
to avoid fulfilling the need for full-time career positions.
Section 311(a) also provides that such family members will serve
under renewable limited appointments (an exception to section 309
which provides that limited appointments are nonrenewable), and
will be paid either under the Foreign Service Schedule or under a
local compensation plan. The choice between an American 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 Foreign Service rate wherever possi-
ble. The committee recognizes that this section does not solve the
problem of the Foreign Service spouse or dependent who is forced
to give up a Government position m order to accompany a Foreign
Service employee abroad. The solution lies in providing reemploy-
ment rights and credit toward career status in the Civil Service. Cur-
rently, such status cannot be earned in temporary jobs. It is gen-
erally earned only through permanent employment and then only
if an individual remains in such a position for at least three years
without a break in service of more than thirty days. The mobility of
Foreign Service life and the fact that all Government positions
abroad are temporary, except for those allocated to the career mem-
bers of the Service, make it virtually impossible for a spouse or de-
pendent to earn Civil Service status. The committee therefore urges
the Secretary of State to continue consultations with the Director
of the Office of Personnel Management to seek some workable solu-
tion to this problem. The committee expects to be kept advised of
progress in this area.
A committee amendment strikes out section 311(c) which would
have authorized the Secretary of State to prescribe regulations to
guide all agencies in the employment at posts abroad of. family mem-
bers of Government personnel. The Office of Personnel Management
retains the authority to prescribe such regulations.
Section 312-Diplomatic and consular commissions
Section 312 combines several provisions of law relating to diplo-
matic and consular commissions. Specifically, it provides for commis-
sioning of diplomatic and consular officers by the President on 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 Federal and State laws. The commission itself per-
mits the holder to exercise specified diplomatic and consular func-
tions necessary to the conduct of foreign policy.,
This provision combines sections 512, 524, and 533 of the 1946 Act
which relate separately to the commissioning of Foreign Service
officers, Foreign Service Reserve officers, and Foreign Service staff
personnel, respectively. The authority contained in section 533 of the
1946 Act for the Secretary of State 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 United
States citizen. This authority will be available, for example, to com-
mission as a vice consul, a Foreign Service officer candidate serving
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under a probationary appointment. The substance of section 11 of
Public Law 90-494, 82 Stat. 810(1968), relating to the commissioning
of Foreign Service information officers as diplomatic or consular of-
ficers, 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
diplomatic or consular commissions may perform any function which
any category of diplomatic officer (other than a chief of mission) or
consular officer is authorized by law to perform, section 312(b)
follows modern diplomatic and consular practice.
Section 312(c) adopts 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 Secretary of
State under section 312 are exclusively functions of the Secretary of
State and may not be exercised by any other agency head.
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 and realignment
of the salary structure and in its provisions for performance pay.
Section 401-Salaries of chiefs of mission
Section 401(a) provides that the salary level of a chief mission
shall be set at one of the annual rates provided by law for levels II
through V of the Executive Schedule. An exception is provided for
members of the Senior Foreign Service who are appointed as chiefs
of mission. Under section 302(b), discussed above, they may elect
to receive the salary of their class and to remain eligible for perform-
ance pay.
This section is consistent with section 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
provision does not require the President to use the entire range of
salary, rates. He could prescribed a single salary rate for all chiefs of
mission.
Section 401(b) sets forth a transition mechanism for appointment of
new chiefs of mission. It provides that the salary of a chief of mission
commences upon the effective date of appointment (the date he or she
takes the oath of office) and may be continued for up to fifty days after
a chief of mission has relinquished charge of the mission, even if a
succesor has been appointed, and subject to the requirement that the
former chief of mission perform such functions as the Secretary deems
necessary.
Section 401(b) carries forward the substance of section 431 of the
1946 Act. The provisions in 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,
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58
delineates entitlement to a higher salary class is deleted as superfluous
in view of the general prohibition in 5 U.S.C. 5533 against dual pay for
more than one position. Section 431(c), authorizing supplementary
compensation for a Foreign Service officer appointed chief of mission
at a salary less than his or her Foreign Service salary, has been re-
placed by the option, in section 302 (b) of this bill, for a member of the
Senior Foreign Service to receive his or her Senior Foreign Service
salary in lieu 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 payable 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, at the outset, the President will prescribe three
salary classes for the Senior Foreign Service titled Counselor, Minis-
ter-Counselor, and Minister. These would replace present classes 2, 1,
and career minister under the 1946 Act.
Section 403-Foreign Service Schedule
Section 403, as amended by a committee amendment, establishes a
single Foreign Service Schedule of ten classes for members of the
Service who are United States citizens and who are not compensated
under any of the other salary provisions of Chapter 4. Excluded from
this schedule, for example, are chiefs of mission (see, section 401),
members of the Senior Foreign Service (see, section 402), foreign na-
tional employees (see, section 408), and consular agents (see, section
409).
The new Foreign Service Schedule established under section 403
consists of ten salary classes, numbered from the lowest, FS-10, up
to the highest, FS-1, and corresponding to General Schedule grades
GS-5 to GS-15. Each class must have fourteen salary steps, the first
ten corresponding to those in the appropriate GS grade, and the
remaining four steps in increments equal to the average increment of
the first ten steps in that class. Any salary paid under the .'Schedule
may not exceed the rate of basic pay payable for level V of the
Executive Schedule. The Secretary of State is authorized to prescribe
appropriate regulations to carry out this section.
The single schedule prescribed by section 403 replaces the two sep-
414, and 415 of the 1946 Act for
rate schedules under sections 412
,
a
Foreign Service officers, Foreign Service Reserve officers, and Foreign
ction
d b
ib
y se
e
Service staff, respectively. The unified schedule prescr
403 is intended to overcome difficulties caused by the present over-
lapping salary schedules, especially between Reserve and staff per-
sonnel, as well as to simplify and improve personnel administration.
Section 404-Assignment to a salary class
Section 404(a) requires the Secretary to assign to appropriate sal-
ary classes all Foreign Service officers and Foreign Service personnel
other than personnel abroad who perform routine duties and are paid
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59
under section 407, and family members of Government employees who
are paid in accordance with local compensation plans. This provision
marks a change from section 413 of the 1946 Act, under which Foreign
Service officers are appointed by the President to a particular salary
class. The 1946 Act 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 inequitable delays which
have attended promotions of Foreign Service officers, as compared
with promotions of Reserve officers of comparable rank who are pro-
moted without the need for reappointment.
Section 404(b) (1) expresses the rank-in-person nature 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. This means that rank in the Foreign Service is
personal as in the military, and not dependent on the position to which
the individual is assigned. Rank-in-person has been a basic principle
of the Foreign Service personnel system since the Foreign Service
was first established, and is necessary to the functioning of this highly
mobile corps.
Section 404(b) (2) 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
accordance with the promotion provisions of chapter 6 of this Act,
except as authorized by reduction-in-force procedures specified in
chapter 35 of title 5, United States Code. The Secretary is authorized
to prescribe implementing regulations for this section. The regula-
tions must be consistent with the relevant provisions of subchapter
VI of chapter 53 of title 5, United States Code.
Section 405-Performance pay
Section 405 authorizes the award of additional compensation for
outstanding performance to career members of, and career candidates
for, 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 shall be paid in a lump
sum, shall be in addition to basic salary, and shall not be limited to
any ceiling based on the amount of compensation received by a 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 long-standing
administrative limitation that a chief of mission must earn at least
$100 per year more than any subordinate personnel on post. The com-
mittee believes that this limitation has no practical utility, particu-
larly 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 benefits attaching to them as For-
eign Service officers.
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.
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Criteria and requirements unique to the Foreign Service may also
be taken into account. The section also establishes limits on the num-
ber and amount of performance pay awards which are consistent
with the limits imposed with respect to the Senior Executive Service
under 5 U.S.C. 4507 and 5 U.S.C. 5384. No more than fifty percent
of the members of the Senior Foreign Service may receive perform-
ance pay awards in anyone year. These awards may not exceed twenty
percent of the member's basic rate of salary. In addition, up to five
percent of the members of the Senior Foreign Service may receive
performance pay awards up to $10,000, and one percent may receive
such awards up to $20,000, even if such awards exceed the twenty
percent limitation.
Section 405(b) (4) limits the total salary plus performance pay
received by any member of the Senior Foreign Service to the rate
payable for level I of the Executive Schedule. The same limitation
applies to members of the Senior Executive Service by 5 U.S.C.
5383(b).
Section 405(c) provides that performance pay awards subject to
the 20 percent limitation in subsection (b) (2) above shall be deter-
mined on the basis of recommendations by selection boards. This pro-
vision 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 estab-
lished 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 auto-
matically entitled to performance pay.
Section 405(d) authorizes the President to make grants of per-
formance pay exceeding the twenty percent limitation as provided in
section 405(b) (3). Such Presidential awards, up to $10,000 to not
more than five percent of the Senior Foreign Service and up to $20,000
to not more than one percent of the Senior Foreign Service, shall
be based upon recommendations by the Secretary of State. In order
to produce a list of recommendations, the Secretary of State will re-
ceive 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, which shall include public mem-
bers. The Secretary of State will then make recommendations to the
President on the basis of the review and evaluation by these boards.
Section 406-Within-class salary increases
Section 406 combines the substance of section 625 and 642 of the
1946 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.
Section 406 (a) makes two principal changes in existing law. It
establishes that step increases shall be granted after 52, weeks Of serv-
ice for steps 1 through 9, and after 104 weeks of service for steps 10
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through 13. Second, the section provides for the denial of a step in-
crease 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 additional step increases for especially meri-
torious performance is retained in section 406(b).
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 em-
ployees. Mediocre and poor performers will not be rewarded while
outstanding individuals will receive additional compensation.
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 minimum wage rate specified in section
6(a) (1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207
(a) (1)).
Section 407(b) specifies the individuals who may be hired at these
salary rates. They must be United States citizens recruited abroad who
are not available or are not qualified for assignment to another Foreign
Service 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
authority permits the hiring of individuals who are U.S. citizens re-
siding 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. It is derived from
section 415 (b) of the 1946 Act.
Section 408-Local compensation plans
Section 408(a) (1) requires the Secretary to establish compensation
plans for foreign national employees of the Service, and for United
States 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 minimum wage rate set by the Fair Labor Stand-
ards Act.
The section also provides that leaves of absence with pay (such as
annual and sick leave) maybe granted to local employees in accord-
ance 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 isadded 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, Public Law 95-426, 92
Stat. 963 (1978). It permits the agencies to comply fully with mater-
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nity and sick leave provisions of certain local social insurance programs
which would otherwise be prohibited under U.S. law, thus preventing
the agency from participating 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 Department usually must participate in all phases of
the local social insurance programs. If a particular country plan hap-
pens to provide more leave than is authorized under U.S. law, local
employees of the Government are denied the opportunity to partici-
pate in any of the other programs, including retirement.
The establishment of. local compensation plans under which local
employees receive prevailing local wage rates and benefits tends to
eliminate complaints from host governments and employees over
compensation issues, and improves morale. It also avoids undesirable
litigation 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
Service annuitants who are former foreign national employees or
their survivors in order to offset losses caused by the appreciation of
a foreign currency relative to the dollar. Such payments are per-
mitted only where the employee's salary was fixed in terms of the
foreign currency and the retirement benefits received by the annuitant
are less than the average retirement benefits received by retirees from
comparable positions in local organizations.
Section 408(b) authorizes Government 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 establishment and administration of local compensa-
tion plans under this section for all Government agencies and estab-
lishments. It is intended that the authority of the Secretary of State
includes classification standards for foreign national positions. This
authority was recently granted pursuant to section 107(b) of Public
Law 96-60, 93 Stat. 397 (1979), which amended section 444(b) of the
1946 Act.
The committee expects, consistent with the General Accounting
Office recomemndations in its report entitled "State Department
Should Improve Foreign National Pay Setting", that the Secretary
of State will continue his ongoing efforts to improve coordination
of foreign national pay systems and wage schedules with other agen-
cies, notably the Department of Defense. The committee notes that
this effort will be consistent with the fact that the foreign affairs agen-
cies often compete with different local employers than does the De-
partment of Defense, which will at times result in differing pay
systems. The committee also expects that other agenices will consult
closely with the Secretary of State in the administration of employ-
ment programs under this section.
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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 par-
ticular locality and the workload of the consular agency. In the case
of consular agents who are United States citizens, the salary rate may
not be less than the then applicable minimum wage rate specified under
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a) (1) ).
Consular agents may be either United States citizens or foreign
nationals. Their function is to provide consular and related services
for Americans and foreign nationals at locations abroad where no For-
eign Service post is located. The committee believes 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 post. Given the increase in travel by Americans in recent
years, consular agents often provide the only assistance available, par-
ticularly in larger countries where sheer distances make communica-
tion with a post difficult.
Section 410-Compensation for imprisoned foreign national
employees
Section 410 reenacts section 444(c) of the 1946 Act, without substan-
tive change. The provision was originally enacted as part of the For-
eign Relations Authorization Act, Fiscal Year 1978, Public Law
95-105,91 Stat. 844 (1977).
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 United States Government. This 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 authorities provided
under subchapter VII of chapter 55 of title 5, United States Code,
relating to missing American 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 imprison-
ment.
Section 410(c) provides that a claim for compensation under this
section must be filed within three years after the release of the claim-
ant from imprisonment or within three years after the claimant's first
opportunity thereafter to file a claim. The appropriate. 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 for the
guidance of all agencies.
The committee notes that over the years there have been numerous
instances of harassment by arrest and detention of foreign nationals
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64
who are or have been employed by United States embassies and con-
sulates. 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 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 following
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 personnel. In such circumstances,
alien employees are separated and may be arrested sometime there-
after and held for interrogation or reprisal.
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
method 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 alien
employees to provide essential support services to embassies, con-
sulates, and other U.S. missions. Many alien employees spend their
entire career 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 imprisonment, deserves to be compensated at the very
least for the income lost during the period of imprisonment. This sec-
tion makes it possible for the United States to pay the compensation
necessary to restore that lost income.
Section 411=Temporary service as principal officer
Section 411, with a committee amendment, authorizes the Secretary
of State to provide additional compensation, notwithstanding section
5535 of title 5, United States Code, to a member of the Service who
serves temporarily as principal officer during the absence of incapacity
of the principal officer. The additional compensation is limited to the
difference between the member's salary and the basic salary provided
for the principal officer. The Secretary of State will determine the ini-
tial 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 one or two days, for example, are not eligible
for additional compensation. Present practice is to provide the addi-
tional compensation if the member serves as principal officer for long-
er than 30 days. The committee believes this is appropriate, given the
heavy responsibilities attendant upon the. principal officer position.
If these responsibilities of principal officer are shouldered by a deputy
for a significant time period, that deputy should 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. Since the substance of the two
sections is the same, it is unnecessary to preserve the distinction
between diplomatic and consular posts.
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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 which is not the basis for premium pay.
This subsection is identical in substance to section 451 of the 1946 Act.
The committee expects that, in implementing this section, the heads
of agencies will provide this compensation to any officer who meets
the criteria, subject to budgetary considerations and the requirements
of subsection (b) of this section. There should bno arbitrary limits
set on the number of individuals who can receive special differentials
in a given year.
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 bill does
not affect the applicability of the Fair Labor Standards Act concern-
ing overtime pay for members of the Foreign Service in the Thiitrui
States.
Section 413-Death gratuity
Section 413 reenacts section 14 of the Department of State Basic
Authorities Act of 1956 (22 U.S.C. 2679a), which provides for the pay-
ment of death gratuities to dependents of Foreign Service employees,
including U.S. representatives to international organizations or com-
missions and foreign national employees. Gratuities are equivalent to
one year's salary at the time of death.
Section 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 abroad in the line of duty.
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-Classification of positions
Section 501 (a) restates the Secretary's basic authority to designate
and classify positions to be occupied by members of the Foreign Serv-
ice including positions at posts abroad and in the Department, but
excepting chief of mission positions. Position classifications will cor-
respond to the Foreign Service salary classes established by chap-
ter 4, and will be classified without regard to 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 overseas service
and to compensation practices of U.S. corporations abroad. Section
501 combines and simplifies the two separate subsections of section
441 of the 1946 Act.
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Section 501(b), added by a committee amendment, sets forth the
criteria pursuant to which positions in the United States may be
designated as Foreign Service positions. It provides that a position
in the United States may be designated as a Foreign Service posi-
tion only if the.Secretary determines: that the functions of the posi-
tion cannot be performed without significant experience abroad in the
conduct of foreign affairs; or that the position is required to be desig-
nated as a Foreign Service position (1) to provide opportunities for
rotation of members of the Service from assignments abroad to as-
signments in the United States, or (ii) to provide training for future
assignments abroad.
In addition, before designating a position as Foreign Service, the
Secretary must determine that the advantages of continuity of in-
cumbency or specialized skill in the position do not outweight the ad-
vantages of it being designated a Foreign Service position. A posi-
tion in the United States which does not -meet the criteria may not be
designated as a Foreign Service position. The criteria for position
designation provided in section 501(b) are not intended to alter the
provisions of the regulations issued by the Agency for International
Development on May 1, 1979, pursuant to section 401 of the Interna-
tional Development and Food Assistance Act of 1978, Public Law 95
424, 92 Stat. 937 (1978). These regulations continue to have the force
,and effect of law.
Section 502-A8signment8 to Foreign Service position
Section 502(a) (1) provides.that the Secretary may assign a mem-
ber of the Foreign Service to any position in the Service in which the
member is eligible to serve, regardless of agency, provided that the
head of the concerned agency concurs. Section 502(a) (2) states that
members of the Service must not be assigned to a particular geographic
area solely on the basis of race, ethnicity, or religion. While an indi-
vidual's race, religion, or ethnicity may certainly contribute to the
interests, skills, and expertise of that individual, the controlling factor
in assignments must be the interests, skills, and expertise of the indi-
vidual. Race, religion, and ethnicity should not be considered the deter-
mining factor in a job assignment. Moreover, the provisions of section
105(b) prohibit the Secretary from making assignments for improper
reasons such as reprisal.
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 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 person-
nel of other agencies (under interagency agreements) to Foreign Serv-
ice 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 assign-
ments of outstanding middle-grade officers to positions of increased
responsibility as a part of their career development.
The committee notes that this provision reflects current practice and
wishes to emphasize the importance of assigning members of the Serv-
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ice to- Foreign Service positions as regularly as possible. When a Civil
Service employee is appointed to a Foreign Service position, the em-
ployee could hold the job for an indefinite period. Hence, appointing
Civil Service employees to Foreign Service positions may block the
use of those positions for rotations or promotions. This practice, should
it become common, would severely curtail the career development pat-
terns which the committee seeks to encourage through this legislation.
Section 502(c) authorizes the President to assign a career member
of the Service as charge d'affaires or to act otherwise as head of a
mission for such period as necessary. This subsection carries forward
the substance of section 501(b) of the 1946 Act, which provided for
Presidential assignment of Foreign Service officers to act as charge
d'affaires or Minister resident.
Section 503-Assgnments to agencies, international organizations,
and other bodies
Section 503 combines several provisions of the 1946 Act in authoriz-
ing the Secretary to assign a member of the Service for duty in non-
Foreign Service positions within the Federal Government as well as
with international organizations and other bodies. These assignments
provide members of the Service with opportunities for valuable train-
ing and work experience, offer other agencies and organizations, such
as the Congress, opportunities to benefit from the expertise of mem-
bers of the Service, and promote a better understanding of the Foreign
Service.
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 a non-Foreign
Service position in another agency or to an international body. Section
503 (a) (1) explicitly states that the Secretary's assignment authority
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 o a member of the Service to a position
in the United States with a State or local government, with a Member
or office of the Congress, 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. 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 members of the Foreign
Service can maintain regular contact with domestic affairs in the
United States.
The committee views this general authority to assign members of the
Service to non-Foreign Service positions as one of the most important
authorities in the bill. Not only does it permit Foreign Service mem-
bers to keep themselves informed of current concerns and trends in
American life, it also provides information for Americans about the
Foreign Service and a valuable source of talent which would not
otherwise be available. The committee expects that substantial use
will be made of this authority, particularly by the Department of
State and the International Communication Agency.
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Section 503(b) (1) follows section 571(c) of the 1946 Act in provid-
ing that a member of the Service assigned under this section shall
receive the salary of his or her Foreign Service. class, or, when as-
signed to a non-Foreign Service position, the salary of the position
to which the member has been assigned if it is higher than. that of the
member. Section 50(b) (2) follows section 571(d) and provides that
the salary of a member assigned under this section shall be paid out At
of the appropriations for salaries of members of the Service, which
appropriations may be reimbursed for the costs of salaries and other
benefits for members assigned.
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 an individual as-
signed to be compensated for travel on official business of the
Congress.
Section 503(c) establishes a limitation of four years of continuous
service on assignments to positions outside the Foreign Service, unless
the Secretary approves an extension due to special circumstances. This
limitation is independent of the eight-year limitation on assignments
within the United States to either Forei Service or non-Foreign
Service positions 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 membership
in the Foreign Service availability for worldwide assignment. It re-
quires that all career members of the Service shall be obligated to
serve abroad. As a result, the anomalous "domestic" Foreign Service
personnel category will be abolished and individuals not available for
worldwide service will be converted to the Civil Service under section
2104 of the bill. No member of the Service may be assigned to duty
within the United States for any period ;of continuous service exceed-
ing eight years unless the Secretary approves an extension, in special
circumstances, of the eight-year limitation. This limitation carries for-
ward the policy of section 571 (a) of the 1946 Act. This subsection also
requires the Secretary to establish the maximum periods for duty in
the United.States within the eight-year maximum established by law
as, for example, a three-year limit for the first tour 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 fifteen-year period in the Serv-
ice. This provision carries forward the policy of section 572 of the
1946 Act, which provided that every Foreign :Service officer was to be
assigned to duty in the United States for at least three years in his or
her first fifteen 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 num-
ber of Foreign Service positions will be maintained in the United
States so as to permit the assignment of personnel in all categories to
the United States after duty abroad.
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Section 504(c) authorizes the Secretary to grant a paid sabbatical
to a career member of the Senior Foreign Service for a maximum of
eleven months to permit the member to engage in study or uncom-
pensated work experience that will contribute to the member's de-
velopment and effectiveness. Such sabbaticals may b egranted under
conditions specified by the Secretary in light of the conditions which
apply to sabbaticals for meembers of the Senior Executive Service
under 5 U.S.C. 3396(c). Those statutory conditions include : (1) a
member 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 ex-
penses, inccluding salary, of the sabbatical.
The committee feels that sabbaticals, together with training ro-
vided under chapter 7 of the bill comprise a necessary aspect ofpca-
reer development in the Foreign Service. The committee therefore
expects that this authority to provide sabbaticals to the Senior For-
eign Service will be used as necessary to enable individuals to ac-
quire training in a wide variety of fields.
Section 505-Temporary details
Section 505 provides that a period of duty not more than six
months in duration shall be considered a temporary detail rather
than be considered an assingment within the meaning of chapter 5.
Thus, a five week detail to Washington for consultation swith the
Department would not be. considered a new assignment to duty in
the United States. This provides for administrative efficiency and
greater mobility.
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 also sets forth procedures whereby merit
principles, as defined in the Civil Service Reform Act of 1978, are
applied in a manner designed to provide for advancement and reten-
tion in the Foreign Service on the basis of performance.
Section 601-Promotion
Section 601 (a) authorizes promotions for 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 pro-
moted by secretarial appointment. Foreign Service officers and
For- eign Service personnel may be promoted by Presidential appointment
into the Senior Foreign Service or by assignment by the Secretary to
a higher salary class under the Foreign Service Schedule.
Section 601 (b) extends to all members of the Foreign Service the
procedure of promotion on the basis of selection board recommenda-
tions and rankings. Presently, only Foreign Service officers are re-
quired to be promoted based on the recommendations and rankings of
selection boards, although by administrative practice, selection boards
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are used for most other categories. This section makes members of the
Senior Foreign Service and Foreign Service personnel subject to this
process by law. An exception to the selection board process is author-
ized 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 enter 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 com-
paratively routine promotions. The only other exception to promotions
based on selection board recommendations is that authorized by section
606 (a), which (1) permits the Secretary, pursuant to the recommen-
dation of the Foreign Service Grievance Board (established in Chap-
ter 11 discussed below), an equal employment opportunity appeals
examiner, or the Special Counsel of the Merit Systems Protection
Board, and (2) requires the Secretary pursuant to a decision or order
of the Merit Systems Protection Board, to promote a member of the
Service.
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.
The Secretary is authorized to prescribe the time 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 considered by up to five consecu-
tive annual selection boards and, if passed over, would then no longer
be eligible for entry into the Senior Foreign Service. In 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.
In addition, if the candidate withdraws his or her request to be con-
sidered for promotion into the Senior Foreign Service, no further
re uests may be entertained.
Section 601(c) (2) directs the Secretary, in making decisions on pro-
motions into and retention within the Senior Foreign Service, to take
into account the needs of the Service to plan for the continuing admis-
sion of new members and for effective career development and reliable
opportunities for promotion. This subsection calls for the establish-
ment of long-term promotion ranges in the relevant competition
groupings, together with the range of combined voluntary and invol-
untary attrition 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.
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Section 601(e) (3) provides. that the affidavits required upon appoint-
ment 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 with-
out 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.
Section 600-Selection boards
Section 602 requires the Secretary, similar to 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 1943 Act
applied expressly to Foreign Service officers only, section 602 applies
generally to members of the Senior Foreign Service and members
who are paid under the Foreign Service Schedule. Since the Foreign
Service is a career service, the committee feels that it is appropriate
and fair to treat all members of that Service in a similar manner inso-
far as career development is concerned.
Selection boards will rank the members of a class on the basis of
their relative performance and, as appropriate, will make recommen-
dations concerning promotions, awards of performance pay to mem-
bers 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 section are not necessarily exclusive. The boards may
be assigned additional functions, such as recommending the award of
additional step increases to particular individuals. The functions
assigned to a board are to be carried out in accordance with precepts
prescribed by the Secretary. Except where reserved management
rights are involved, precepts are negotiable.
Section 602(b) requires all selection boards to include public mem-
bers, that is, individuals who are not Federal Government employees.
The Secretary is directed to ensure 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 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 in the official per-
sonnel 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 individuals who are best qualified to per-
form 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
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of work, industry, experience, dependability, usefulness, and general
performance of members of the Service. The description of person-
nel records is drawn from section 611 of the 1946 Act and is intended
to describe service-related characteristics. Such records may include,
but are not limited to, the reports of Foreign Service inspectors,
performance evaluation reports of supervisors, and records of com-
mendations, awards, reprimands, and other disciplinary action.
For the Senior Foreign Service, the consideration of records of
current and prospective assignments is authorized. The committee
does not question the utility of such records in estimating promotion
needs. However, in order to ensure that such determinations will
not be arbitrary or capricious, the career development pattern for
each individual must be carefully constructed from the beginning
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 to draw upon. The establishment of an effec-
tive career development pattern depends equally on the individual
member's constant efforts and on well-trained personnel counselors
who are capable of charting alternative patterns which are sensible
and workable in terms of present foreign policy objectives and of
future possibilities and trends. The committee expects that these rec-
ords 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 constitutes a protection against arbitrariness. In the commit-
tee's view, however, the best protection for the individual lies in his
or her willingness to assume responsibility for the development of a
career pattern which will avoid the problem, late in a career, of
limited prospective assignments.
Section 603(b) complements subsection (a) and prescribes those
matters which selection board precepts must address. Precepts shall
emphasize performance which demonstrates those qualities necessary
to the Service. More detailed guidelines, such as the need for respon-
siveness to challenges and acceptance of hardships, may be developed
administratively as necessary. Accordingly, this subsection reflects
the committee's general intent that, for the Senior Foreign Service,
the precepts should emphasize the needs of the Service for policy
formulation capabilities, executive leadership qualities, and highly
developed functional or area expertise. In this regard, the section
carries forward the policy of section 626 of the 1946 Act that specializa-
tion should not retard orderly advancement in the Service. The com-
mittee notes that these 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 characteristics equally.
Section 604-Con flden.tiality of records
Section 604 directs that the personnel records described in section
603 shall be kept confidential, except to the extent that they pertain
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to the receipt, disbursement, 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, those committees of
Congress which oversee the Service and the representatives of such
committees, and officers and employees of the Government authorized
by law or assigned by the Secretary to work on such records. Indi-
vidual members also have access to their own records upon written
request. Section 604 is derived from section 612 of the 1946 Act, which
operates to exempt Foreign Service personnel records from public
disclosure.
Section 605-Implementation of selection board recommendation
Section 605 follows section 623 of the 1946 Act, which applied
only to Foreign Service officers, and applies the provision of officers
and personnel alike. Section 605 specifies that the recommendations
for promotion 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 ar, in the case of Presidential
appointment, submit recommendations to the President for promo-
tions, in strict accordance with rankings of the selection boards. The.
Secretary may, however, prescribe regulations specifying special cir-
cumstances in which an individual's name may be removed from the
rank order list or a promotion may be delayed.
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 for performance
pay, or within-class salary increase pursuant to a recommendation of
the Foreign Service Grievance Board, an equal employment oppor-
tunity hearing examiner, or the Special Counsel of the Merit Systems
Protection Board. In addition, in the case of a decision or order of the
Merit Systems Protection Board, the Secretary is required to take the
acton required by the decision or order. The purpose of this authority
is to permit the smooth implementation of the decisions and recom-
mendations of these authorized admministrative authorities for re-
dress of grievances or complaints. Section 606 (a) generally follows
section 632 (b) of the 1946 Act. The references to the Merit Systems
Protection Board and its Special Counsel are new.
Section 606 (b) authorizes the Secretary, in implementing subsec-
tion (a) and under special circumstances set forth by regulation, to
make retroactive promotions and pay awards, and to recommend ret-
roactive promotions by the President. Section 606 (b) also follows
generally section 623(b) of the 1946 Act. It applies to actions under
subsection (a) of this section as well as to promotions delayed pur-
suant to section 605(b).
Section 607-Retirement for expiration of time in class
Section 607 (a) (1) provides that the Secretary shall prescribe reg-
ulations specifying the maximum period in which members of the
Senior Foreign Service, Foreign Service officers, and other career
members of the Service may remain in a salary class or in a com-
bination of classes without promotion. The Secretary may establish
and change such time-in-class limitations as the needs of the Service
may require.
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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
classes. For example, it might be provided that a Foreign Service
officer could not remain in classes FS-2 and FS-1 for a combined
total of more than fifteen years. Such combination time-in-class limita-
tions have been prescribed administratively under the 1946 Act and
are here expressly authorized. With respect to the Senior Foreign
Service, the committee understands that time in class for the three
classes will be four years for each of the lower classes, and three years
for the top class. In no event may time-in-class limitations be less
than three years for career members of the Senior Foreign Service.
This should ensure that time in class is not used capriciously in the
Senior Foreign Service.
Section 607 (a) (3) provides for administrative change in time-in-
class limitations, 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 reasonable opportunity for the required promotion.
Section 607(b), as amended by a committee amendment, continues
the authority for retirement based on excessive time in class for For-
eign 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 minister) who were not subject to time-
in-class limitations under the 1946 Act. It also authorizes coverage of
other personnel to the extent that the Secretary determines advisable.
The committee understands that the Department expects that time-in-
class limitations will be shorter than the present limitations at the
senior levels. The committee also expects that the current 22-year com-
bination time in class will be abolished, since its one discernible effect
has been to ensure 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 personnel categories may continue to serve
under renewable limited extensions of their career appointments, in
accordance with recommendations of selection boards. These exten-
sions may not exceed five years, but may be renewed. Personnel serving
under such limited career extensions would continue to be career mem-
bers of the Service for purposes of performance pay, retirement based
on relative performance, and participation in the Foreign Service Re-
tirement and Disability System, among other things.
Section 607(b) is a new provision. It is designed for maximum 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. Only those who demonstrate a strong ability
and desire to perform will be given limited career extensions or will
have them renewed. A provision which would make renewal depend-
ent on the Secretary's unilateral determination of the "needs of the
Service" was deleted by a committee amendment. The precepts gov-
erning selection board actions should take those needs into accqunt.
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 (a) or whose limited career extension under 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 service and there-
fore deserve retirement benefits even if they are forced to retier earlier
than anticipated. In practice, most individuals will likely meet the
eligibility requirements for voluntary retirement in any case, but the
committee believes that this attrition mechanism, to be just, must carry
with it this provision ensuring 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 United States citizens. How-
ever, section 2105 (e) of the bill exempts temporarily a member cur-
rently in the Service to whom section 633(a) (2) of the 1946 Act does
not now apply. This exemption extends for ten years or until the mem-
ber becomes eligible for voluntary retirement and an immediate an-
nuity, whichever occurs first. This exemption is necessary in fairness
to those who began their careers in the Foreign Service under a differ-
ent set of rules which did not subject them to evaluations by selection
boards and subsequent selection out.
Section 608(a) provides that the Secretary will prescribe regula-
tions concerning the standards of performance to be met by career
members of the Service. Where selection board review indicates that
the member has not met the standards of performance for his or her
class, there will be an administrative review of the member's per-
formance, which shall include an opportunity for the member to be
heard. As in the case of retirement under section 607, all individuals
in a given occupation and within the same class will be covered in an
identical fashion. This section is intended to codify administrative
procedures which have been developed and employed in the Foreign
Service as required by the decision in Lvndasy v. Kissinger (367 F.
Supp. 949 (D.D.C. 1973) ).
Section 608 (b) provides that if the administrative review confirms
that a member of the Service has failed to meet the standards of per-
formance of his or her class, the member will be retired.from the
Service and will receive benefits under section 609.
The committee is relying on the integrity of the selection board
process as an effective evaluation mechanism. Working properly, the
selection board process should assure that a member's performance is
judged against the standards 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, in-
efficiency, or unsatisfactory performance. Instead, it means that most
of the class has performed better than the member.
The system is based on evaluation reports and the board is not per-
mitted to base its recommendations on anything but the contents of an
individual's personnel file. This protects the individual from judg-
ments based on hearsay or gossip. The system, however, is only effective
if the-reports are accurate. Therefore, the committee urges the Depart-
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ment to continue to refine the evaluation 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 section 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 re-
ceive immediate annuity benefits computed in accordance with sec-
tion 806, as will other members of the Service retired after becoming
eligible for voluntary retirement under section 811. In providing im-
mediate annuity benefits for these senior personnel, section 609 paral-
lels section 634(a) of the 1946 Act, which afforded benefits to Foreign
Service officers in 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) (1) or 608(b) who is not eligible for
annuity benefits under section 609 (a). The member is paid one month's
salary for each year of service, up to one 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 five years of service may elect, in lieu of receiving a
refund of his or her contributions, a deferred annuity commencing
at age sixty. Section 609(b) closely parallels section 634(b) of the
1946 Act.
Section 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 such cause as will promote the efficiency of the Service.
Section 610(a) (2) provides that members serving under career
appointments in the Senior Foreign Service or under the Foreign
Service 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 appoint-
ments, 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 pro-
vides that the hearing rights constitute the exclusive administrative
procedure, which avoids the potential of duplicate hearings for those
members who may also have access to the Merit Systems Protection
Board. Secondly, the provision specifies that the Foreipm Service
Grievance Board will conduct hearingsu nder 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.
Section 610(b) provides that members of the Service who are sepa-
rated for cause and who are participants in the Foreign Service Retire-
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ment and Disability Fund will receive a refund of their contributions
to that fund. A member with five years of retirement credit may choose
instead a deferred annuity, unless separation has been for reason of
disloyalty to the United States. Section 610(b) is virtually identical to
section 637(b) of the 1946 Act. Benefits of those so separated who are
participants in other retirement systems will be determined by the laws
and regulations governing those systems.
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 Daid a
salary specified for the Senior Foreign Service or under the Foreign
Service Schedule. Among those serving under limited appointments
are career candidates (section 306(a)) and non-career appointees.
Family members of Government personnel serving under local com-
pensation plans (see, 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$-Termination of appointments of consular agents and
foreign national employees
Section 612 authorizes the Secretary to terminate at any time serv-
ices of any consular agent or foreign national employee, after giving
due consideration to the criteria and procedures normally followed in
the locality in similar circumstances. The principal purpose of this sec-
tion is to ensure that provisions of Federal law applicable to domestic
employment do not limit the authority to effect separations of foreign
nationals employed abroad. Section 612 combines and broadens the
authorities provided by three sections of the 1946 Act : section 671, pro-
viding authority to terminate consular agents for unsatisfactory per-
formance, misconduct, or malfeasance; section 633, authorizing
separation of alien clerks and employees for misconduct or malfea-
sance; 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
? from existing law. Its primary purposes are to vest authority for the
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-
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stitute, originally established by section 701 of the 1946 Act, and
restates the Secretary's authority to provide training and instruction
to personnel of the Service, the foreign affairs agencies, and other
agencies. 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 needs of all agencies. It
also directs other agencies not to duplicate the facilities and training
provided by the Secretary of State through the Foreign Service In-
stitute. The section is patterned after section 701 of the 1946 Act.
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 gov-
ernmental requirements in this area. The committee therefore expects
that all agencies will. keep the Secretary of State informed of their
needs and of any changes which may be desirable to maintain the
effectiveness of the Foreign Service Institute.
Section 70d-Foreign language requirements
Section 702 provides that the Secretary shall establish Foreign
language proficiency requirements for personnel of the Service who
will be assigned abroad and shall arrange for appropriate language
training at the Institute or elsewhere. This section follows in part
section 578 of the 1946 Act. Its purpose is to carry out the finding
stated in section 101 (a) (4) of the bill that Foreign Service personnel
should be knowlegeable of the languages spoken in the countries
where they are assigned.
Section 703-Training authorities
Section 703 sets forth authorities which the Secretary may exercise
in connection with the functions of the Institute. Section 703(a) (1)
and (2) provides for the establishment of the curriculum of the In-
stitute and for its correlation with the training and instruction given
by other Government and private institutions. These provisions are
derived from section 702 of the 1946 Act.
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 non-profit 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 setup similar programs at the Institute.
Section 703 (a) (4), derived from section 704 of the 1946 Act, author-
izes the employment of personnel for the Institute. When the condi-
tions specified in paragraph (4) (B) are met, employment of certain
personnel may be without regard to Civil Service laws governing ap-
pointments in the competitive service, and may include employment of
non-citizens where suitably qualified U.S. citizens 'are not available.
Section 703 (a) (5), derived from section 707 of the 1946 Act, author-
izes the acquisition of real and personal property without public ad-
vertising to carry out the provisions of chapter 7.
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Section 703(b) (1) is susbtantially identical to section 705 of the
1946 Act and authorizes the Secretary to pay the tuition and other ex-
penses 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, authorizes 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 section maybe used to provide incentives, for example,
for members of the Service to acquire the language competence re-
quired for service at a hardship post 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 members
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 that the Secre-
tary of State will design training programs to foster the career devel-
opment of Foreign Service personnel such as secretaries and communi-
cators as well as Foreign Service officers. The committee is concerned
that necessary language proficiency is not always characteristic of sup-
port personnel serving overseas. The goal of the Foreign Service Insti-
tute should be to provide necessary training and to upgrade the skills of
personnel in the various categories of the Service so that each post
has the best possible expertise available to serve United States foreign
policy interests.
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-
pated employment at post pursuant to section 311.
Section 704-Training grants
Section 704 carries forward in slightly revised fashion the provi-
sions of section 708 of the 1946 Act, as amended in 1978. It provides
for grants to members of families of Government employees attend-
ing approved programs of sudy, 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
employmet as provided in section 311. Training and these accompany-
ing 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 705-Career counseling
Section 705 (a) carries forward the authority of section 639 of the
1946 Act and provides that the Secretary may provide career counsel-
ing, advice, and placement assistance to members and former mem-
bers of the Service, other than those separated for cause. The refer-
ence to former members is intended merely to avoid the necessity of
keeping a member on the rolls until counseling is completed. This will,
for example, permit a member to retire from the Service, and still
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finish a counseling program begun before retirement. This subsection
is intended to facilitate the exit of individuals from the Service and
is derived from section 405 of the Foreign Relations Authorization
Act, Fiscal Year 1979, Public Law 95-426, 92 Stat. 963 (1978). The
committee recognizes the difficulties resulting because members spend
most of their careers abroad, out of direct contact with domestic
American society. The committee believes that a formal career counsel-
ing program helps to ease the transition of Foreign Service personnel
from the Service to another career. The possibility of selection-out at
an early age also increases the need for such a program. The commit-
tee notes that other agencies of the Federal Government have ex-
pressed interest in this program, which has been quite successful dur-
ing its first year of operation.
Section 705(b) (1) provides that the Secretary may facilitate the
employment of Foreign Service spouses by providing career counsel-
ing, maintaining a central system for cataloguing their skills and em-
ployment 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. 844 (1977).
Section 705 (b) (2) directs the Secretary to establish a family liaison
office to -carry out these functions and others assigned by the Secre-
tary. This provision legislates an already existing Family Liaison
Office, set up in the Department of State pursuant to regulation. The
Family Liaison Office currently provides a wide variety of services to
Foreign Service members, spouses, and families. The commitee ap-
plauds the efforts of that office, which has been in existence two years,
and which has made steady progress toward solving some very diffi-
cult and complex problems.
Chapter 8 is substantially a restatement of the existing provisions of
title VIII of the 1946 Act concerning the Foreign Service Retirement
and Disability System. Voluntary retirement provisions presently in
title VI of the 1946 Act have also been incorporated. With two excep-
tions, changes are generally confined to -matters of style and term-
inology in the interest of clarity and conformity with the terminology
used elsewhere in the bill. The text includes changes made by Execu-
tive 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 provid-
ing for survivor benefits to former spouses of members of the Foreign
Service who participate in the Foreign Service Retirement and Dis-
ability System. The provisions in the introduced bill relating to former
spouses, including section 814. were substantially modified by a com-
mittee amendment. The second change is also in the form of a com-
mittee amendment to section 812 which increases the mandatory
retirement age from 60 to 65.
Section 801-Administration of the system
Section 801 follows section 801 of the 1946 Act. It provides that the
Foreign Service Retirement and Disability System will be admin-
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istered by the Secretary of State, subject to regulations prescribed by
the President.
Section 802-Maintenance of the fund
Section 802 follows section 802 of the 1046 Act. It provides that the
Foreign Service Retirement and Disability Fund will be maintained
by the Secretary of the Treasury.
Section 803-Participant8
Section 803 (a) names as participants in the. Foreign Service Retire-
ment and Disability System those career and career candidate per-
sonnel who are in the Senior Foreign Service or assigned to a salary
class under the Foreign Service Schedule, together with chiefs of mis-
sion who accumulate twenty years of service in the capacity. This pro-
vision will not alter the present categories of participants, except that
it adds career candidates to assure that these personnel will be covered
by the System's death and disability provisions during their initial
years of probationary service until they achieve career status (see,
section 803 of the 1946 Act, sections 9 and 15 of Public Law 90-494
82 Stat. 810 (1968), and section 625(k) (1) of the Foreign Assistance
Act of 1961, 22 U.S.C. 2385(k) (1). Career conditional appointees in
the Civil Service are similarly covered by the Civil Service Retire-
ment and Distability System.
Section 803(b) provides that any otherwise eligible person who is
appointed to a position by the President shall not, by virtue of ac-
cepting such appointment, cease to be eligible to participate in the
System. This is consistent with provisions in chapter 3 and 5 preserv-
ing 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 814 include "court" (section 804(4) ), and "former spouse" (sec-
tion 804(6) ). 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.
Section 805-Contributions to the Fund
Section 805 is substantially the same as section 811 of the 1946 Act.
It provides that seven percent of a participant's salary shall be con-
tributed from appropriations. It also provides that a new participant's
contributions to another Government retirement fund will be trans-
ferred to the Fund. Provision is also made for special contributions
to the Fund to cover periods of creditable service for which no con-
tributions had previously been made, except that such contributions
are not required for periods of military service or for periods for which
credit is allowed to persons of Japanese ancestry interned during
World War II.
Section 806-Computation of annuities
Section 806, like its predecessor in the 1946 Act, states the rules for
computation of annuities to be paid to retired members of the Service
or their beneficiaries.
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Section 806 (a) provides that the basic annuity shall equal two per-
cent of the member's average basic salary for the three consecutive
years of service when that salary was highest, multiplied by the num-
ber of ,years of service credit (up to a maximum of thirty-five years).
Section 806 (b) is amended in its entirety by a committee amendment.
Amended section 806(b) (1) (A) provides for a survivor annuity for
the participant's spouse or former spouse unless the participant elects
otherwise in writing at the time of retirement. As a result of the com-
mittee amendment, section 806(b) (1) (A) further provides that an
election to provide less than a full survivor annuity shall not be con-
sidered valid unless participant establishes to the satisfaction of the
Secretary of State (i) that the spouse has been notified of the loss of or
reduction in survivor benefits, or (ii) that the participant has complied
with such notification requirements as the Secretary of State shall, by
regulation, provide.
Amended section 806(b) (1) (B) provides for reducing a partici-
pant's annuity in order to provide a survivor annuity for a former
spouse as provided by the terms of any court order under section
820(b) (2).
Amended section 806(b) (2) provides the formula for reducing a
participant's annuity when a survivor :annuity is to be provided.
Amended section 806(b) (3) and (4) provides rules for computation
of the survivor annuity, and for the date on which payment shall begin
and end.
Section 806(c) provides for survivor annuities to the children of
a deceased participant.
Section 806(d) provides for recomputation of a child's annuity
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 a child of a deceased participant.
Section 806(f) provides that an unmarried participant may elect
to provide -a survivor annuity to a beneficiary designated by the par-
ticipant. It also provides rules for computing the basic annuity and
survivor annuity 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.
Section 806(h), as amended by a committee amendment, requires
that, as a condition of receiving a survivor annuity, a surviving spouse
must elect to receive the survivor annuity instead of any other annuity
to which he or she may be entitled under a Government employee
retirement system. As indicated in Senate Report 93-999 of July 11,
1974, on S. 1791 which was the genesis of this subsection, neither the
Social Security or military retirement system are a retirement system
for Government employees.
Section 806(i) as amended by a committee amendment, provides
that any married annuitant entitled to a supplemental annuity by
reason of additional service throup-h reappointment 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.
Section 806 (j) provides for recomputation of the basic annuity of
a married annuitant who, subsequent to retirement, becomes single
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through death or divorce. The subsection also allows such an annuitant
to elect a survivor benefit in the case of remarriage. In the event of
an award of a survivor annuity to a former spouse at the time of a
divorce after retirement, no recomputation of a member's annuity
would be involved unless the amount of the survivor benefit was being
reduced.
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 annu-
ity rights under sections 806 and 814.
Section 806(1) provides that neither the basic annuity nor the
survivor annuity to a spouse shall be less than the smallest primary
insurance amount payable under Title II of the Social Security Act.
It establishes a similar minimum from the survivor annuity paid to a
deceased participant's child. However, this subsection will not apply
to an annuitant or survivor entitled to receive any other periodic pay-
ments from the Federal Government that exceed the smallest primary
insurance amount payable under Title II of the Social Securtiy Act.
Section 807-Retirement 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 pay-
ments. It is substantially identical to section 822 of the 1946 Act.
Section 808-Retirement for disability or incapacity
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 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
Tax Reform Act of 1976 will continue to be excluded for Federal
income tax purposes.
Section 808 (a) provides for disability retirement of a participant
with five or more years of service who has become totally disabled or
incapacitated for useful and efficient service by reason of disease, ill-
ness, or injury. This subsection also provides that the annuity of a
disability retireee with less than twenty years of service will be com-
puted as if the retiree had served twenty years.
Section 808 (b) provides for physical examinations to determine
disability or its persistence. It also provides for reinstatement of
recovered disability retirees.
Section 808 (c) provides that a recovered disability retiree who is
not reinstated may elect voluntary retirement (if eligible), lump-sum
payment under section 815, or a deferred annuity beginning at age
sixty.
Section 808(d) states that a participant may not receive both
benefits 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
compensation 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.
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Section 808(f) authorizes approval of a disability annuity up to
one year after the date of separation from the Service for a disability
arising in the Service. Under present practice, if the participant retires
or otherwise separates from the Service before the discovery or diag-
nosis of a disabling condition, a disabilty annuity may not be author-
ized. Section 808(f) is modeled after an identical provision (5 U.S.C.
8337 (b)) authorizing approval of disability annuities under the Civil
Service retirement system.
Section 809-Death in service
Section 809, as amended by a committee amendment, lists the bene-
fits payable when a participant dies in service. Section 809(a) states
the residual rule that if no annuity benefits are payable under the
Act, then the lump-sum credit consisting of contributions to the Fund
and interest thereon shall be paid. Amended section 809(b) provides
survivor annuity benefits for the spouse or former spouse of a partici-
pant who dies in service with at least eighteen months of civilian
service credit towards retirement under the System. Section 809 (c)
and (d) similarly provide annuity benefits to children of such a de-
ceased participant. Section 809( e) provides computation rules for
such annuities, stating that if the participant had less than twenty
years of service, the annuities shall be calculated as if the participant
had served twenty years.
Amended section 809(f) provides that if an annuitant who had
elected a reduced annuity dies in service after being recalled under
section 308, and that annuitant is survived by a spouse or former
spouse who (by virtue of a court order) is entitled to a survivor an-
nuity -based on that election, the survivor annuity shall be computed
as it the recall service had otherwise terminated on the day of death
and the annuity of the deceased had been resumed in accordance with
section 823. The section further provides that if death occurs after the
annuitant had completed sufficient recall service to attain eligibility
for a supplemental annuity, a surviving spouse may elect, in addition
to any other benefits and in lieu of a refund of retirement contribu-
tions made during the recall service, a supplemental survivor annuity
computed and paid under section 806(i) as if the recall service had
otherwise been terminated. Further, if the annuitant had completed
sufficient recall service to attain eligibility to have his or her annuity
computed anew, the surviving spouse may elect, in lieu of any other
survivor benefit under chapter 8, to have the rights of the annuitant
determined anew and to receive a survivor annuity computed under
subsection (b) on the basis of the total service of the annuitant. The
last sentence of section 809(f), which is added by the committee
amendment, provides that a surviving former spouse who was mar-
ried to the participant during the period of recall service, is entitled
to have the same election rights accorded a surviving spouse under this
section if and to the extent a court order under section 820(b) (2) so
provides.
Amended section 809(g) provides that the annuity of a surviving
spouse under this section will be limited in accordance with section
806(b) (3) (B) if the deceased had a former spouse qualifying for an
annuity under section 814. Section 809(h) states the rules for com-
mencement of annuities payable under section 809.
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Section 810-Discontinued service retirement
Section 810 provides that a participant who voluntarily separates
from the Service with five or more years of service credit towards re-
tirement under the System may choose between a lump-sum refund
of contributions to the Fund and an annuity computed in accordance
with section 806, commencing at age sixty.
Section 811-Voluntary retirement
Section 811 is similar to section 636 of the 1946 Act. It provides that
any participant who is at least fifty years of age and has rendered
twenty or more years of creditable service, including at least five
years of civilian service credit toward retirement under the System,
may retire with the consent of the Secretary and receive an annuity
computed in accordance with section 806.
The provisions of this section and of section 810 add the require-
ment for a minimum of five years of service credit, excluding military
and naval service, to ensure that individuals with long military serv-
ice who are subsequently appointed to the Foreign Service obtain at
least five years of civilian service credit, which could include un-
healthful post credit under section 817, prior to becoming eligible .for
voluntary retirement. Those separating with less than five years of
service credit would receive a refund of their retirement contributions
as provided in section 815. This change is consistent with the existing
five-year service requirement for disability retirement and for separa-
tion with title to a deferred annuity.
Section 819-Mandatory retirement
Section 812, as amended by a committee amendment, replaces sec-
tions 631 and 632 of the 1946 Act. Section 631 referred to career
ambassadors, who will no longer constitute a separate salary class
(of. section 302(a) (2) (C) ). Section 812(a) follows section 632 of the
1946 Act in providing a mandatory retirement age for participants in
the System, subject to certain exceptions. These exceptions, stated in
section 812 ('b), were also stated in both sections 631 and 632 of the
1946 Act. First, any participant who reaches the mandatory retirement
age while occupying a position to which he or she was appointed by
the President by and with the advice and consent of the Senate may
continue to serve until that appointment 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 five
years a participant who has reached the mandatory retirement age if
the Secretary determines that it is in the public interest to do so. These
exceptions are identical to those in current law.
A committee amendment raises the mandatory retirement age from
60 to 65. The committee wishes to note that in taking this action it is
seeking a compromise between two conflicting principles. On the one
hand, the committee opposes arbitrary mandatory retirement ages.
They are inherently discriminatory. While the data provided by the
administration demonstrates that availability for worldwide assign-
ment decreases as age increases, there is no clear evidence to indicate
that age 60 is a necessary breaking point.
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On the other hand, administrative ease and the nature of the up-or-
out system argue for predictable attrition rates. It is clearly easier and
more humane to retire older members of the Service on the basis of age
then on the basis of performance, health, or unavailability for world-
wide assignment. Further, regular and predictable career flows are
impossible without a regular rate of attrition.
By raising the mandatory retirement age to 65, the committee re-
duces the unfairness of the mandatory retirement age while providing
a measure of administrative certainty.
Given these considerations, the committee expects the Department
to offset the higher mandatory retirement age by effective enforcement
of the requirement of availability for worldwide assignment and vigor-
ous usq of other authorities provided by the bill. Increasing the retire-
ment age is not to be taken as a license to extend all careers for five
years. It is expected that individuals between ages 60 and 65 will con-
tinue to be subject 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.
Section 813-Retirement of former Presidential appointees
Section 813 provides that if a member of the Service is not reas-
signed within three months after completing an assignment in a posi-
tion to which,he or she was appointed by the President, the member
shall be retired from the Service and receive annuity benefits in ac-
cordance 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
committee 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 new rights for former
spouses of members of the Foreign Service who participate in the For-
eign Service Retirement and Disability System. A committee amend-
ment substantially modified section 814, as introduced, and the ex-
planation below is of the section as amended. The committee believes
that this provision is justified in light of the difficulties of Foreign
Service life which fall disproportionately on spouses of Foreign Serv-
ice employees.
The nature of a Foreign Service career makes it particularly dif-
ficult for spouses of members of the Foreign Service to attain any
independent economic security. Not only do frequent transfers among
Foreign Service posts around the world militate against the establish-
merit of an independent career for a spouse, but the opportunity for
paid employment of any kind for a spouse in most foreign countries
is minimal due to legal, language, and cultural barriers. Foreign Serv-
ice spouses therefore have little opportunity either to establish income
security in their own right or to develop marketable skills which can
be put to use when the need arises.
Until 1972, the annual efficiency rating of Foreign Service officers
included a rating of the performance of their wives, though not of
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87
husbands, in such activities as entertaining, relationship with the com-
munity, and involvement in the service projects of the American wives.
Despite the discontinuance of this practice, the Foreign Service tradi-
tion of husband-wife "teams" and of the participation of wives in the
vital representational activities of the post is still very much alive.
However, these full-time activities are not compensated in any way,
so a spouse is left with no retirement credit and no marketable skills.
Amended section 814 provides for survivor annuities for former
spouse, if and to the extent provided by court order. Amended section
814(a) (1) states that if a court order under section 820(b) (2) ex-
pressly so provides, a former spouse shall be entitled to a survivor an-
nuity in an amount which shall be determined by or in accordance with
the provisions of that court order. Other provisions of amended sec-
tion 814 control the amount of a survivor annuity which a court may
order,
Amended section 814(a) (2) provides that a former spouse shall not
be qualified for a survivor annuity if before the commencement of that
annuity the former spouse remarries before becoming 60 years of age.
Amended section 814(a) (3) provides that an annuity payable to a
surviving former spouse shall commence on the day the annuitant dies
and shall terminatae on the last day of the month before the former
spouse's death or remarriage before attaining age 60. If the survivor
annuity is terminated because of remarriage, it shall be restored at the
same rate commencing on the date the remarriage is terminated if any
lump-sum paid upon termination is returned to the Fund. Amended
section 814(a) (2) and (3) is essentially the same as section 814(b)
(2) and (3) in the introduced bill.
Amended section 814(a) (4) (A) provides that total survivor annu-
ities with respect to a participant may not exceed 55 percent of that
participant's annuity. This is identical to section 814(b) (4) (A) of the
introduced bill. Amended section 814(a) (4) (B) limits, once a sur-
vivor annuity has been provided for a former spouse, survivor annu-
ities for other beneficiaries of a participant to that portion, if any, of
the maximum allowed under amended section 814(a) (4) (A), that is
not committed to a former spouse. Amended section 814(a) (4) (C)
provides that a court order may not adjust the annuity of a former
spouse after the death of the participant. Amended section 814 (a) (4)
(B) and (C) are identical to section 814(b) (4) (B) and (C) in the
introduced bill.
Amended section 814(a) (5) (A) and (B) provides for recomputa-
tion of a participant's annuity in the event a former spouse's annuity
rights are terminated because of death or .remarriage. These sections,
together, are substantively the same as section 814(b).(5) in the in-
troduced bill.
Amended section 814(b) is similar to section 814(c) in the intro-
duced bill. Amended section 814 (b) (1) permits a participant or former
participant providing a survivor annuity benefit to a former spouse
to elect an additional survivor annuity for any other former spouse or
spouse, if the participant passes a physical examination prescribed-by
the Secretary of State. Amended section 814(b) (2) provides that
neither the total amount of the survivor annuities elected under section
814(b) with respect to any participant or former participant, nor the
survivor annuities for any one surviving spouse or former spouse under
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section 814 and section 806(b) (3), may exceed 55 percent of the full
amount of the participant's annuity. Amended section 814(b) (3) pro-
vides that the participant may fund annuities elected or provided for
under this subsection either through a reduction in annuity or salary
or by lump-sum or installment payments, or by a combination of re-
ductions and payments. Amended section 814(b) (3) (B) provides that
the participant shall be charged for additional survivor annuities
elected under the subsection an amount actuarially equivalent to the
survivor annuities. Amended section 814(b) (3) (C) provides that if a
spouse or former spouse becomes ineligible for a survivor annuity
provided under amended section 814(b) (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 the
period that they. were provided. Amended section 814(b) (4) pro-
vides that survivor annuities provided under amended section 814(b)
shall commence on the day after the participant dies and shall termi-
nate on the last day of the month before the former spouse's death or
remarriage before age sixty. Amended section 814(b) (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.
Amended section 814(d) provides that section 806(1) (which states
that annuities. paid under this chapter shall not be less than the pri-
mary insurance amount under 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 amended section 814(b).
Section 815-Lump-sum payments
Section 815, as amended by a committee amendment, provides for
the return of a participant's contributions to the Fund if the partici-
pant is separated from the Service without becoming eligible for an
annuity under .the System including an annuity under section 808.
Section 815 is identical in substance to section 841 of the 1946 Act,
except that the definition of "lump-sum credit" contained in section
841(a), of the 1946 Act has. been transferred to the definitions sec-
tion (section 804(8)) and the remaining subsections accordingly
redesignated.
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. 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 supplemental
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 subsection (f).
Section 815(d) provides that if a participant dies and leaves no sur-
vivor eligible for an annuity or the survivor's annuity rights terminate
before a claim for an annuity is filed, then a lump-sum credit shall be
paid in accordance with subsection M. Section 815(e) prescribes
payment in accordance with subsection (f) of any accrued but unpaid
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annuity owing with respect to a deceased participant. Section 815 (f )
prescribes the order of precedence for payments of lump-sum credits
under subsections (c) through (e) to survivors of the participant.
Section 815 (g) prescribes the order of precedence 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 participant after completing
thirty-five years of service, unless such contributions are applied
toward any special contribution owing under section 805(d).
Section 816-Creditable service
Section 816, as amended by a committee amendment, 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 subsection (h) which
is explained below.
Section 816(a) authorizes credit for periods of civilian, military,
and naval service. Section 816 (b) authorizes credit for unused sick
leave. Section 816 (c) provides for contributions by a participant while
serving as an officer or employee of an organization composed
primarily of Government employees on approved leave of absence
without pay and authorizes credit for such periods of service.
Section 816(d) allows a participant who has received a refund of con-
tributions covering otherwise creditable service to make a special con-
tribution 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 five years unless the participant requests and
receives a lump-sum. payment pursuant to section 815.
Section 816(g) provides that the annuity or survivor annuity of a
participant of Japanese ancestry
d who was interned in the United States
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 infor-
mation on such participants will furnish it on request to the Secretary.
This provision was previously 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 ap-
proved leave without pay shall continue to make contributions 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
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during such employment.. It will prevent a participant from obtain-
ing a windfall benefit by remaining a member of the Service and con-
tinuing in Federal employment and so receiving service credit with-
out a corresponding obligation to contribute to the Fund.
A committee amendment strikes out new section 816(i) which set
forth rules for determining which periods of service would be con-
sidered creditable service for purposes of determining benefits ac-
corded to former spouses.
Section 817-Extra credit for service at unhealthful posts
Section 817 authorizes credit towards retirement at the rate of one
year and a half for each year of actual service at posts designated
as unhealthful by the Secretary of State. This credit is in lieu of
a differential under 5 U.S.C. 5925 or 5928.
Section 818-Estimate of appropriations 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 five years.
Section 8.18 also authorizes the Secretary of State to expend up to
$5,000 per year from the Fund for necessary incidental administrative
expenses of the System.
Section 819-Investment of the fumed
Section 819 authorizes the Secretary of Treasury to invest in in-
terest-bearing securities of the United States portions of the Fund
not necessary for immediate operations.
Section 820-Assignment and attachment of moneys
Section 820, as amended by a committee amendment, provides for
exceptions to the rule stated in section 864 of the 1946 Act that moneys
receivable under the System are not assignable (except for severance
pay) and are not subject to execution, levy, attachment, or other legal
process. Section 820 (a) (1) permits an individual entitled to an annuity
from the Fund to make allotments or assignments of amounts from
such annuity for such purposes as the Secretary considers appropriate.
Section 820 (a) (2) authorizes the assignment of severance pay benefits
received in accordance with section 609 (b) (1). This subsection is
identical in substance to section 634 (c) of the 1946 Act.
A committee amendment strikes out section 820(b) (1) and (2),
inserts in lieu thereof new section 820(b) (1), (2), and (3), and re-
designates subsequent paragraphs accordingly. New section 820(b)
(1) provides that payments under chapter 8 which would otherwise
be made to a participant or annuitant based upon his or her service
shall be paid (in whole or in part) by the Secretary to another per-
son to the extent expressly provided for by the terms of any decree
of divorce, annulment, or legal separation, or the terms of any court
order or court-approved property settlement agreement incident to
any court decree of legal separation. This provision is identical to a
provision enacted during the 95th Congress which was applicable to
Civil Service annuities. This provision was subsequently extended
to the Foreign Service by Executive order.
New section 820(b) (2) is a new provision and provides that any
former spouse of a participant or former participant shall be entitled
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to a survivor annuity under section 814(a) if and to the extent ex-
pressly so provided for in the terms of a court decree of divorce or
annulment, or the terms of any court order incident to such decree.
This provision, in effect, permits a court to require a member to pro-
vide a survivor annuity for a former spouse. The provision has no
precedent in the Civil Service retirement law.
New section 820(b) (3) provides that the provisions of section 820
(b) relating to court orders shall not apply in the case of any court
decree or order which is inconsistent with the requirements of Chap-
ter 8, as determined by the Secretary of State. Thus, a court may not
order a benefit for a former spouse that a member may not elect for
a spouse. Section 820(b) (4), as redesignated by a committee amend-
ment, provides that payments pursuant to a court order will be made
only after written notice and other required information and docu-
mentation have been furnished to the Secretary. Section 820(b) (5)
as redesignated by a committee amendment, provides that the Fund
may in no case be required to make a second payment of the same
annuity obligation to a second individual. A committee amendment
strikes out section 820 (b) (5) of the introduced bill.
Section 820(c) restates the former rule, as modified by new sub-
sections (a) and (b), that moneys payable under Chapter 8 are not
subject to legal 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 obli-
gations for child support and alimony.
Section 821-Payments for future benefits
Section 821 provides that any statute authorizing new or liberal-
ized 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 thirty
equal annual installments. Section 821 also authorizes an appropria-
tion for each fiscal year of the Foreign Service normal cost (cf. sec-
tion 804(5)) for that year which is not met by contributions to the
Fund under section 805(a).
Section 8$3-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
under section 822 (a) to the Fund out of any money in the Treasury
not otherwise appropriated. Section 822 (c) provides that requests
to Congress 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 sec-
tion 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
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will make contributions to the Fund while on recall service, but that
the annuity shall resume on the day following the termination of re-
call 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 five 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 Gov-
ernment from his or her salary and annuity combined. While such
member 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 the basic salary during any calendar
year which the member was entitled to receive at the time of retirement.
Section 824(b) provides that an agency or other entity of the Fed-
eral 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 amounts 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, pay-
able under Chapter 8.
Section 8925-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 contri-
butions. refunded in a lump sum or used to purchase an additional
annuity or annuities.
Section 8926-Cost-of-living adjustments of annuities
Section 826 provides for cost-of-living adjustments to annuities
under the System which shall correspond to similar adjustments of
annuities under the Civil Service retirement system.
Section 827-Compatibility between Civil Service and Foreign Serv-
ice retirement systems
Section 827 provides that, whenever a law of general applicability
affects participants, annuitants, or survivors under the Civil Service
Retirement and Disability System and alters previously existing con-
formity between that system and the Foreign Service Retirement
System, then such law shall be extended to the Foreign Service Retire-
ment and Disability System. The President is authorized 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
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representation allowances for Foreign Service personnel and their
families.
Section 901-Travel and related expenses
Section 901 brings together various 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 con-
tinue 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 expenses of proceeding to and returning from
assigned posts of duty. This includes assignment to posts in the United
States, such as the United Nations.
Section 901(2) , also derived from section 911 (1) and (2) of the
1946 Act, authorizes payment of expenses incurred while treveling on
authorized or required home leave. Home leave is authorized by sec-
tion 6305 of title 5, United States Code.
Section 901(3) authorizes payment of expenses incurred when a
family member accompanies a member of the Service on temporary
duty. This provision is substantially the same as section 911(10) of
the 1946 Act. Under present law, this type of travel for family mem-
bers 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 would broaden this authority
to permit its use with other temporary duty. This authority is being
broadened to permit family members to accompany employees detailed
to international conferences or given other temporary assignments
expected to last unusually long periods of time. It is unreasonable,
except in emergency situations, to order employees to distant posts for
extraordinarily long periods without the opportunity for their families
to accompany them. It would be 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 effects. The com-
mittee expects the Secretary by regulation to limit application of this
new authority to situations where the temporary duty is expected to
continue for extraordinarily long periods of time.
Section 901(4) authorizes payment for representative travel of a
member of the Service and his or her family, subject to the limitation
that no more than one family member may accompany the Foreign
Service member on representational travel outside the country of the
member's assignment. Both the authority and the limitations are sub-
stantially the same as under section 911 (1) and (2) of the 1.946 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 where 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
expenses of a family member incapable of caring for himself or her-
self at post. This authority is particularly important with respect to
infants whose parents are medically evacuated.
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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 totally inadequate recreational services. Such travel is
limited to one trip per two-year tour or two trips per three-year tour,
but the Secretary may allow an additional trip or trips in extraor-
dinary 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 encounter such isolation and difficult '0
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 transpor-
tation costs incident to the removal of family members and shipment
of personal effects, including automobiles, from a post where there is
danger arising from unsettled conditions such as war, civil strife, or
natural disasters. This section also authorizes payment 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 the member at post because of continuing disturbed condi-
tions there. Additional trips to family members located abroad may
be authorized so long as the total cost of such trips does not exceed
the cost of two trips to the District of Columbia. Section 901(8) is
derived from section 911(11) of the 1946 Act. A provision that facili-
ties of the Military Airlift Command be used where possible has been
deleted as unnecessary. Section 901(8) covers those situations where
families stay in the United States, but it also 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 that 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 dis-
tances separate families, as is the case when members are assigned
abroad and a personal emergency arises 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 subsection
is identical in substance to section 911(8) of the 1946 Act.
Section 901 (11) authorizes payment for the transportation of the
furniture and household effects of members of the Service to their
duty posts and to their place of residence upon termination of duty
abroad. This subsection 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. Section 901(12) is
derived from section (911) (4) and (5) of the 1946 Act, although it
deletes as unnecessary a provision stating that the maximum weight
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of goods stored shall not exceed the maximum weight that could be
shipped under applicable regulations. The limitation will be imple-
mented in accordance with the applicable maximum combined storage
and shipment allowance stated in the Foreign Service Travel
Regulations.
Section 901(13) provides for the transportation of a privately-
owned motor vehicle for a member of the Service once every four years
the member is serving continuously abroad. A replacement vehicle may
be transported for a member of the Service if the Secretary determines
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 transporting 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 expenses 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 assignment in the United States, including assigmnents to State
and local governments. This section provides authority similar to
that contained in section 576 (f) of the 1946 Act with respect to assign-
ments to State and local governments under ,the so-called Pearson
program. It also permits reimbursement or relocations expenses in-
curred by members of the Service on other assignments to or within
the United States 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) also authorizes mem-
bers of the Service assigned to State and local governments under the
Intergovernmental Personnel Act (5 U.S.C. 3371-76) to be reim-
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) authorizes payment for the international portion of
travel between a Foreign Service post and the United States for
children of members of the Foreign Service to visit their parents when
there is a family separation. More and more frequently in the Foreign
Service, divorce, unsettled 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 childern while stationed abroad frequently find
the travel costs to be prohibitive. This subsection 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 themselves in such divided family situations.
Section 902-Loan of household effects
Section 902 authorizes the loan of household furnishing 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.
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Section 903-Required leave in the United States
Section 903 authorizes the Secretary to order a member of the Serv-
ice to take a statutory leave of absence in the United States after
eighteen months of service abroad and requires the Secretary to do so
as soon as possible after the member has completed three 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.
Section 904. Health care
Section 904 combines and revises several sections of the 1946 Act
relating 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 per-
sonnel of the Department or other agencies and members of their
families who are abroad and are designated as eligible through regu-
lation or interagency 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-
sonnel and members of the Service and their families and may include
inoculations and vaccinations for such personnel and family members.
Other health care not specified, such as non-cosmetic dental care, could
also be provided at 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, pro-
vided the illness, injury, or medical condition being treated was in-
curred, caused, or materially aggravated during periods abroad. This
subsection eliminates a specific $35 deductible provision and a 120-day
maximum coverage for payment for hospitalization or similar treat-
ment of a family member of a member of the Service in certain cir-
cumstances. It also eliminates the provision that treatment for an ill-
ness or injury is not compensable if the condition resulted from vicious
habits, intemperance, or misconduct. These provisions are outdated
and it is intended that limits on payment under this section will be
established by regulation which will permit adjustment to take ac-
count of the factors addressed specifically in the 1946 Act. e
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
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treatment for a condition sustained abroad if the employee later ob-
tains a divorce. It is not intended to provide continuing health care
for a spouse following a divorce when the condition is not related to
service abroad.
Section 904(f) authorizes the Secretary of State to contract for
health care where he or she deems it advisable. The subsection is
derived from section 941 of the 1946 Act and recognizes that there
are certain areas where good health care is available in country and
where it is consequently not necessary to assign 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 receptions 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
allowances under this section.
CHAPTER 10-LABOR-MANAGEMENT RELATIONS
Although labor-management relations in the Civil Service were
governed by Executive order beginning in 1962, labor-management
relations in the Foreign Service have been governed by separate Ex-
ecutive order only since 1972. In 1978, as part of the Civil Service
Reform Act of 1978, Congress established a statutory basis for labor-
management relations in the Civil Service, but the Foreign Service
was excluded from coverage of those labor-management relations.
provisions. Chapter 10 of the bill will now extend such a statutory
basis to the Foreign Service.
Although Chapter 10 establishes a statutory framework for the
Foreign service which is separate from that which governs the rest
of the Civil Service, the labor-management relations program result-
ing from the statutory provisions will be a part of the comprehensive
program established as a result of the CSRA. The vast majority of pro-
visions in chapter 10 are identical to corresponding provisions in the
CSRA and are intended to be applied and interpreted in the same man-
ner as the CSRA provisions. In addition, administration of the labor
relations program is lodged within the Federal Labor Relations Au-
thority (FLRA), the agency charged with administering the CSRA
program. Under chapter 10 the General Counsel of the FLRA is re-
sponsible for bringing unfair labor practice cases, and the three mem-
ber Foreign Service Labor Relations Board which oversees the labor
relations program is established as a port of the FLRA. However, al-
though the Foreign Service program will not be a separate program, a
separate statutory framework is justified on two counts. First, there
are some significant differences between the Foreign Service person-
nel system and other Federal personnel systems. These differences,
which are discussed elsewhere in this report, require special statutory
treatment. Although numerous exceptions for the Foreign Service
could be created in the existing statutory provisions, a clearer approach
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appears to be to establish a separate comprehensive framework for
the Foreign Service. Second, it will be helpful to those responsible for
administering the Foreign Service personnel system to have all major
provisions governing that system gathered together in one basic act,
i.e. the Foreign Service Act of 1980.
Provisions of chapter 10 which do not differ substantively from cor-
responding provisions in the CSRA are not discussed in detail below.
The legislative history of the CSRA should be reviewed in connection
with questions of intent or interpretation of these provisions. It should
be noted that for convenience, references below to sections 1001-1018
refer to those sections of the bill while references to sections 7101-7135
refer to sections in chapter 71 of title 5, United States Code (the modi-
fied labor-management relations provisions of the CSRA).
Section 1001-Labor-management policy
Section 1001 restates without substantive change the provisions of
section 7101 relating to the labor-management policy of the Congress.
Paragraph (3) of section 1001 recognizes that the unique conditions
of Foreign Service employment require a distinct framework for the
development and implementation of modern, constructive, and co-
operative relationships between management officials and organiza-
tions representing members of the Service. Chapter 10 of the bill
provides that distinct framework.
Section 1002-Definitions
Section 1002 defines various terms used throughout chapter 10. The
definitions, which correspond to definitions set forth in section 7102,
effectively set the coverage and the exclusions from coverage for indi-
viduals, agencies, and labor organizations.
Paragraph (1) defines "Authority" to mean the Federal Labor Re-
lations Authority described in section 7104 (a).
Paragraph (2) defines "Board" to mean the Foreign Service Labor
Relations Board, established by section 1006 (a).
Paragraph (3) restates without substantive change the definition of
"collective bargaining" in secton 7103 (12).
Paragraph (4) defines "collective bargaining agreement" to mean
an agreement entered into as a result of collective bargaining. The
definition corresponds to the definition in section 7103 (8) except- that
the requirement that the agreement be "signed" is omitted in recogni-
tion of the practice of so-called "rolling negotiations" which has been
followed in the Foreign Service. While comprehensive long-term collec-
tive bargaining agreements may be entered into pursuat to chapter 10,
this has not been the case in the past, although a trend toward such
agreements is developing and should be encouraged.
Paragraph (5) defines the term "conditions of employment". Except
for subparagraph (D), paragraph (5) restates without substantive
change the definition set forth in section 7103 (14). Wording differences
contained in the original administration bill (H.R. 4674) were re-
jected to ensure that the term would be interpreted in the same manner
for the Foreign Service and the rest of the Civil Service. The reference
to "classification of any position" has been expanded to include "desig-
nation" of positions. This is a function unique to the Foreign Service
which is closely akin to position classification, and accordingly is an
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appropriate matter for exclusion from the definition. Subparagraph
(D) also excludes from the definition matters relating to Government
wide or multi-agency responsibility of the heads of agencies affecting
the rights, benefits, or obligations of individuals employed in agencies
other than those which are authorized to utilize the Foreign Service
personnel system. This corresponds to the provision in section 7117 (a)
(1) which states that the duty to bargain in good faith applies only
to the extent not inconsistent with any Government-wide rule or regu-
lation. Under the CSRA, certain labor organizations are accorded
consultation rights with respect to Government-wide regulations (see,
section 7117(d)). The committee expects the Foreign agencies to ac-
cord similar rights to labor organizations with respect to Government-
wide or multi-agency responsibilities excluded from the definition of
"conditions of employment".
Paragraph (6) restates without substantive change the definition
of "confidential employee" in section 7103 (13).
Paragraph (7) restates without substantive change the definition
of "dues" in section 7103 (5).
Paragraph (8) defines the term "employee". This definition cor-
responds to the definition in section 7103 (2). Besides stylistic differ-
ences there is one substantive difference between the corresponding
definitions. Under the bill "supervisors" are not excluded from the
definition of "employee" as they are under the CSRA provision. The
effect of this difference is to allow Foreign Service supervisors to be
members of bargaining units along with what are normally considered
rank-in-file employees. This is a distinct departure from the practice
in both the private sector and the Federal sector generally, but con-
tinues the existing practice in the Foreign Service where the commit-
tee understands about fifty percent of the current bargaining unit
membership would technically qualify as "supervisors". The com-
mittee is reluctant to acquiesce in deviations from established labor-
management relations practices which have proven to be sound in
both the private and the Federal sector, and does so here only because
the current situation in the Foreign Service appears to be acceptable
to both the agencies concerned and the representatives of members of
the Service. The committee does not intend its action with respect to
the Foreign Service to be viewed in any way as a precedent for the
labor relations program under the CSRA. Finally, it should be noted
that the exclusion of "confidential employees" from the definition of
"employee" does not reflect a substantive departure from the CSRA
since under the CSRA these employees are excluded from bargaining
units under section 7112(b) (2).
Paragraph (9) restates without substantive change the definition
of "exclusive representative" in section 7103 (16) . A "grandfather
clause" contained in section 7103 (16) (B) is omitted as unnecessary.
Paragraph (10) defines "General Counsel" to mean the General
Counsel of the FLRA.
Paragraph (11) restates without substantive change the definition
of "labor organization" in section 7103 (4).
Paragraph (12) defines "management official" to mean an indi-
vidual who: (A) is a chief of mission or principal officer; (B) is serv-
ing in a position to which appointed by the President, by and with the
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advice and consent of the Senate, or by the President alone; (C) oc-
cupies a position which in the sole judgment of the Secretary is of
comparable importance to the offices mentioned in subparagraph (A)
or (B) ; (D) is serving as a deputy to any individual described by sub-
paragraph (A), (B), or (C) ; (E) is assigned to carry out functions
of the Inspector General of the Department of State and the Foreign
Service under section 209; or (F) is engaged in the administration
of this chapter or in the formulation of the personnel policies and
programs of the Department. This definition differs from the corres-
ponding definition in the CSRA (see, section 7103(11)). The defini-
tion is important because it establishes the primary dividing line be-
tween the bargaining unit and management, since as explained above
"supervisors" may be members of the bargaining unit. The Depart-
ment of State has indicated that the definition in the bill accurately
reflects the current situation with respect to the delineation between
management and the bargaining unit. The committee understands
that the current delineation has proved workable and constructive, and
the parties involved have no desire for any change in this area. Again
the committee stresses that it does not intend its action with respect
to the Foreign Service to be viewed in any way as a precedent for
the labor-management relations program under the CSRA.
Paragraph (13) defines "Panel" to mean the Foreign Service Im-
passe Disputes Panel, established by section 1010(a).
Paragraph (14) restates without substantive change the definition
of "person" in section 7103 (1).
Section 1003-Application
Section 1003 (a) provides that chapter 10 shall apply only with
respect to the Department of State, the International Communication
Agency, the United States International Development Cooperation
Agency, the Department of Agriculture, and the Department of Com-
merce. It should be noted that by virtue of the definition of the term
"Department" in section 102(4) of the bill, when the term is used in
chapter 10 with reference to the exercise of functions. (as defined in
section 102 (6) of the bill), the term include the agencies described in
the preceding sentence. Similarly, when used in this analysis the term
should be deemed to include those agencies.
Section 1003 (b) grants the President the authority to make limited
exclusions from the provisions of chapter 10. Paragraph (1) restates
without substantive change the provisions of section 7103 (b) (1) which
permit the President to exclude, under specified circumstances, any
subdivision of the Department from coverage under chapter 10. Para-
graph (2), relating to the authority of the President to suspend the
application of provisions of chapter 10 with respect to any post, bu-
reau, office, or activity of the Department, corresponds to section 7103
(b) (2) but provides on the one hand somewhat broader authority in
that the authority applies within the 50 States, and on the other hand
somewhat narrower authority in that the authority may be applied
only when the suspension is necessary in the interest of national se-
curity because of an emergency.
It should be noted that by reason of the definition of "employee"
chapter 10 applies only with respect to the Foreign Service elements
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of the covered agencies. Civil Service elements remain covered by
chapter 71.
Section 1004-Employee rights
Section 1004 restates without substantive change the provisions of
section 7102 relating to employee rights.
Section 1005-Management rights
Section 1005 sets forth rights which are reserved to management.
The effect of this section is to place limits on the number of subjects
about which management may bargain with a labor organization.
Section 1005 differs somewhat from the corresponding CS1ZA provi-
sion, section 7106. The difference generally take into account differ-
ences between the Foreign Service system and other Government'sys-
tems subject to the 'CSEA. The intent of section 1005 is two-fold : (1)
to ensure that the scope of bargaining in the Foreign Service is as
broad as it is under the CSRA; and (2) to ensure that all matters
which are currently subject to negotiations in the Foreign Service will
continue to be subject to negotiation under the bill. Section 1005 should
be interpreted in accordance with this intent and the intent reflected
in the general discussion of chapter 10.
Subsection (a) reserves to management certain specified rights sub-
ject to the qualifications in subsection (b). These rights are not subject
to collective bargaining. The approach adopted in section 1005(a) is
identical to that provided in section 7106(a). Paragraphs (1), (2),
(3), (4), and (6) generally restate the management rights contained
in paragraphs (1) and (2) of section 7106(a).
Paragraph (1) omits the words "types or classes." Paragraph (2)
does not include the words "reduce-in grade or pay" since these per-
sonnel actions do not occur under the Foreign Service system. Also in
paragraph (2) the management right to "promote" which was con-
tained in the original administration bill, is deleted and replaced by the
right "to determine the number of members of the Service to be pro-
moted and to remove the name of or delay the promotion of any mem-
ber in accordance with regulations prescribed under section 605 (b) ".
The committee understands that this language reflects the current
status of the scope of 'bargaining with respect to promotions in the
Foreign Service. Chapter 6 of the bill generally prescribes the promo-
tion process for the Foreign Service, including the composition of
selection board's ('section 602(b) ), the development of precepts for use
by selection boards (section 603(b) ), the basis for selection board re-
view (section 603 (a) ),.and the responsibility of the Secretary to make
promotions in accordance with selection board rankings (section 605
(a)) except in certain special circumstances (section 605 (b) ). Except
for those matters specifically reserved to management under section
1005 (a), all aspects of the promotion process are negotiable.
Paragraph (5) has no counterpart in section 7106, but the manage-
ment right to determine the need for uniform personnel policies and
procedures between or among foreign affairs agencies is somewhat
analogous to situations involving Government-wide regulations in the
Civil Service, which is discussed in connection with section 1002(5),
supra.
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Section 1005 (b) restates without substantive change section 7106 (b),
and describes those matters over which management may elect to bar-
gain, namely those matters described in paragraph (1), and those
matters over which management has an obligation to bargain, namely
those matters described in paragraphs (2) and (3).
The committee stresses that the exclusion of matters from the scope
of bargaining by this section is not intended and should not be con-
strued to impede full discussion between the Department and the ex-
clusive representative on issues affecting the careers of members of the
service.
Section 1006-Foreign Service Labor Relations Board
Section 1006 establishes the Foreign Service Labor Relations Board
(FSLRB) within the Federal Labor Relations Authority.
The FSLRB is chaired by the Chairman of the Federal Labor
Relations Authority and has two public members appointed by the
Chairman upon nomination by affected agencies and labor organiza-
tions. 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 nego-
tiability appeals and unfair labor practice complaints, resolving
disputes concerning the effect, interpretation, or breach of a collec-
tive bargaining agreement and taking other actions necessary to
effectuate the provisions of this chapter. Like the FLRA, the FSLRB
has no authority to review the decisions of the Impasses Panel. De-
cisions of the FSLRB are to be consistent with FLRA decisions,
except where special circumstances require otherwise. FSLRB de-
cisions may not be construed as precedent by the FLRA or any court
or other authority, for any decision under chapter 71 of title 5, United
States Code. The FSLRB is authorized to prescribe regulations
concerning its functions 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 remedial action orders, and to defend or seek en-
forcement of its orders in the Court of Appeals for the District of
Columbia in the same manner as is applicable to the FLRA under
the CSRA. Administrative and staff support will be provided by
the FLRA.
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, as amended by a committee amendment, essentially
restates the judicial review and enforcement provisions of section
7123.
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Section 1009 (a) provides that, except with respect to decisions of
the Foreign Service Grievance Board which are excluded from judi-
cial review by section 1014(d), any person aggrieved by an FSLRB
order may appeal to the United States Circuit Court of Appeals for
the District of Columbia within 60 days. Section 1009(b) authorizes
the Board to petition for enforcement of its orders and appropriate
temporary relief or restraining order. Section 1009(c) provides that
standard applicable to judicial review and enforcement of FLRA
orders shall also apply to the FSLRB. Section 1009 (d) provides that
temporary relief may be provided by the United States District
Court for the District of Columbia against a person or persons for-
mally 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
within the FLRA. The Panel corresponds to the Federal Service
Impasse Panel under section 7119, and is modeled after that Panel. The
Panel, like its namesake operating under Executive Order No. 11636,
will resolve negotiation impasses between the Department and the
exclusive 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 parties agree otherwise.
Section 1011 Exclusive recognition
Section 1011 restates with only minor substantive changes the pro-
visions of section 7111 relating to exclusive recognition of labor orga-
nizations. Various wording differences in the original administration
bill (H.R. 4674) were rejected and the provision was revised. to closely
track section 7111.
The major substantive difference between section 1011 and section
7111 is the provision in section 1011(d) (2) for so-called "preferential
voting". When there are more than two choices on the ballot, such elec-
tions obviate the need for runoff elections. Since any election must be
conducted by worldwide mail ballot thereby entailing substantial
expense and time delay, a mechanism such as preferential elections is
desirable for the Foreign Service.
Section 101- Employees represented
Section 1012 corresponds to section 7112 relating to determinations
of appropriate units for labor organization representation. There are
two major differences between section 1012 and section 7112.
The first relates to the inclusion in the bargaining unit of super-
visors. This has been discussed in full in connection with section
1002(8). The second major difference is that section 1012 will establish,
by law, a single and separate worldwide bargaining unit for employees
(as defined in section 1002(8)) of each agency subject to Chapter-10.
Under section 7112, the FLRA determines-
in each case whether, in order to ensure employees the fullest
freedom in exercising the rights guaranteed under . . . chap-
ter [71], the appropriate unit should be established on an
agency, plant, installation, functional, or other basis and shall
determine any unit to be appropriate only if the determina-
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tion will ensure a clear and identifiable community of interest
among the employees in the unit and will promote effective
dealing with, and efficiency of the operations of, the agency
involved.
The committee is reluctant to establish, by law, a single bargaining
unit, and has done so only because the parties involved favor con-
past practice which has existed since 1973. If in the future
tinuing
certain segments of the employee population are not effectively repre-
sented by an exclusive representative, that problem could not be cured
by an administrative determination that a separate unit is appropri-
ate to ensure that the interests of these employees are adequately rep-
resented. Such action is foreclosed by section 1012. The committee
stresses that should any segment of the employee population not be
adequately represented, it will promptly consider legislation to elimi-
nate the single worldwide unit limitation. Finally, the committee's
action with respect to this provision is not intended to indicate in any
manner the committee's views as to what bargaining units are appro-
priate under section 7112.
Section 1013-Representation rights and duties
Section 1013 restates, except as discussed below without substantive
change, the provisions of section 7114 relating to representation rights
and duties of labor organizations and agencies.
Section 1013 (e) (5), imposing on the Department and the exclusive
representative the duty to negotiate jointly with respect to conditions
of employment applicable to employees in more than one of the agen-
cies authorized to utilize the Foreign Service personnel system, as
determined by the heads of those agencies, has no direct counterpart
under chapter 71. Section 1013 (g) relating to the duty of the Depart-
ment to consult has no counterpart in section 7014, but is similar to
section 7117(d) relating to the duty to consult and should be applied
consistent with that section. Under section 1013(g), for example, the
exclusive representative should be given an opportunity to express
views on such issues as proposed changes in the Standardized Regu-
lations (Government, Civilians, Foreign Areas) which prescribe over-
seas allowances and differentials in implementation of 5 U.S.C. 5921-
5925 for personnel of all agencies.
Section 1014-Resolution of implementation disputes
Section 1014 establishes a procedure for the resolution of disputes
between the Department and the exclusive representative which arise
out of the implementation of collective bargaining agreements. This
section is modeled. on sections 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,
established by chapter 11 of the bill, is the statutory equivalent for
the Foreign Service of third-party arbitration of individual employee
grievances under chapter 71.
Section 1014(b) provides for review of Grievance Board actions by
the Foreign Service Labor Relations Board at the request of. either
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party. The scope of the review is the same as that of FLRA review of
arbitral awards under section 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 thirty days. Section
1014(d) provides that resolutions of disputes under this section are
not subject to judicial review. These subsections parallel sections 7122
(b) and 7123(a). This subsection does not affect the administrative
finality, subject to the right to judicial review, of an individual griev-
ance as provided by section 1110 of the bill.
Section 1015-Unfair labor practices
Section 1015, as amended by a committee amendment, restates, with
only one minor substantive difference, the unfair labor practices pro-
visions of section 7116. The substantive difference relates to permitted
informational picketing. Under section 1015 permitted informational
picketing is limited to the United States in recognition of the inappro-
priateness of such picketing at embassies abroad. Under section 7116
there is no geographical limitation.
Some unfair practices are of such a nature that they could be com-
mitted by either the Department or a labor organization. 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 deci-
sions;
-Otherwise failing to complying with any provision of the
chapter.
Unfair labor practices by the Department include the following:
-Encouraging or discouraging union membership;
-Sponsoring or controlling a union;
-Taking reprisal against an employee for filing a complaint under
the chapter;
-Enforcing regulations that conflict with a pre-existing negotiated
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,
-Calling for or engaging in a strike or slowdown, or picketing in
a labor-management dispute that interferes with Government op-
erations, or condoning such activity by failing to take action to
prevent or stop it.
An election of remedies provisions corresponding to section 7116 (d)
precludes the consideration of a complaint both as an unfair labor
practice and under grievance procedures.
Section 1016-Prevention of unfair practices
Section 1016 restates without substantive change the provisions of
section 7118 and authorizes the General Counsel of the FLRA to in-
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vestigate charges of unfair labor practices by the Department or by
a labor organization. The General Counsel may issue .a complaint pur-
suant to such charges, in which case a hearing will be held before the
FSLRB or its designee. If the hearing substantiates the charge of an
unfair labor practice, then a cease and desist order will be issued or
other appropriate relief, including make-whole or status quo ante
remedies, ordered. If no unfair labor practice is proven, the complaint
will be dismissed.
Section 1017-Standards of conduct for labor organizations
Section 1017 restates without substantive change the provisions of
section 7120 relating to standards of conduct for labor organizations.
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 FSLRB must withdraw exclusive recognition or take other
appropriate disciplinary action if a labor organization is found to
have violated the prohibition against strikes, work stoppages, or
slowdowns.
Section 1018-Administrative provisions
Section 1018 prescribes basic policies regarding dues allotments
which are cost-free to the exclusive representatives and revocable at
1-year intervals, official time for employees who negotiate and partic-
ipate in other proceedings on behalf of labor organizations, and pro-
hibitions on the use of official time for activities relating to the
internal business of a labor organization. Section 1018 corresponds to
sections 7115 and 7131, and is intended to be interpreted and applied
in the same manner as those sections.
This chapter essentially reenacts part J of title VI of the 1946 Act.
Some changes are made to conform to the style of the 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 of the
unit, except in cases of separation.
Section 1101-Definition of grievance
Section 1101(a) (1) generally restates the definition of grievance
contained in section 692(1) (B) of the 1946 Act, as amended. "Griev-
ance" is broadly defined to encompass any act, omission, or condi-
tion subject to the Secretary's control which is alleged to deny a
United subject citizen member of the Foreign Service rights or benefits
(including salary or other compensation ) authorized by law or regula-
tion, or to otherwise constitute a source of concern or dissatisfaction
to the employee. Some examples are listed : separation; adverse impact
upon terms and conditions of employment or career status; discipli-
nary action; dissatisfaction with the working environment; prejudi-
cial or potentially prejudicial defective entries in an employee's official
personnel file; alleged reprisals for participating in the grievance
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procedures; and alleged wrongful denial of allowances, premium pay,
or other financial benefit.
Section 1101 (a) (2) expands a parenthetical clause in section 691
(1) (B) of the 1946 Act, which permitted an agency and the exclusive
representative of the employees of that agency to agree to exclude
matters from the scope of grievances. Under section 1101 (a) (2), the
agency and the labor organization may modify the scope of grievances
as stated in the bill, not only to exclude additional matters but also to
include new matters. This will permit the parties to a collective bar-
gaining agreement to agree on additional functions for the Foreign
Service Grievance Board which are compatible with the Board's pri-
mary responsibilities.
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 and excludes certain matters from the definition of "griev-
ance". Other than deletion of the reference to judgments on examina-
tion for appointment, which is deleted as unnecessary, and the addi-.
tion of a reference to tenure boards (cf. section 306 (b) ), the exceptions
are substantially the same as 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 USICA and
IDCA.
Section 110 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. Grievances of members who
are separated do not lapse because of the separation, but they may not
subsequently challenge their separation by contending wrongful de-
nial of allowances and financial benefits by virtue of their separations.
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. These sections provide for the right of rep-
resentation and for making witnesses available. The provision on
representation 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 bargaining unit has a right to present a grievance in
his or her own behalf, but the exclusive representative retains the
right to be resent at grievance proceedings. A grievant who is not
a member of the bargaining unit or whose grievance concerns sepa-
ration hags the right at every stage of the proceeding to representa-
tion of his or her own choosing.
Section 1103(d) carried forward section 692(15) of the 1946 Act.
It authorizes the Grievance Board to protect against disclosure of
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proceedings or findings with respect to a grievant and requires the
Department to maintain confidentiality.
Section 1103(e) carries forward section 692(9) of. the 1946 Act,
by requiring the Department to expedite the processing of security
clearances whenever necessary to assure a fair and prompt resolution
of a grievance.
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 three years after the occurrence or
occurrences giving rise to the grievance. A new provision has been
added, stating that the three-year period may be shortened by agree-
ment between the Department and the exclusive employee representa-
tive. The subsection also requires the Grievance Board to exclude
from the three-year (or shorter agreed) maximum period any time
during which the grievant was unaware of the grounds for the griev-
ance and could not have discovered 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 nego-
tiate procedures for Departmental review of grievances. The exclu-
sive representative or an individual employee who is not a member
of the bargaining unit may file a grievance with the Board if his or
her grievance is not resolved under the Department procedures
within ninety days of written presentation.
Section 1105-Foreign Service Grievance Board
Section 1105 is derived from section 692(2) of the 1946 Act and
provides 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, employees, or consultants of
the Department or as members of the Service.
. Members of the Board shall be appointed for two-year terms by the
Secretary of State from nominees approved by agency management
and the exclusive representatives of employees. If the agencies and
exclusive representatives fail to agree, the nominees will be determined
by parties striking names from a list.
Members of the Board who are not employees of the Government,
including retired Federal employees, are compensated at the daily
rate for GS-18.
Section 1105 (d) provides that Board members may be removed
by the Secretary of State only after written notice and opportunity
for a hearing and only for corruption, neglect of duty, malfeasance,
or demonstrated incapacity of the 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.
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The Grievance Board is authorized to adopt regulations concerning
its organization and procedures and is required to conduct a hearing
at the request of a grievant in any case involving disciplinary action, a
grievant's retirement from the Service under section 607 or 608, or
issues which the Board decides can best be resolved through hearing
or oral argument.
4 A verbatim transcript of the hearings must be kept and testimony
must begiven under oath or affirmation. Further, parties may examine
and cross-examine witnesses and present documentary evidence and
may engage in pre-hearing discovery through, interrogatories and
depositions.
Section 1106(6) provides that in cases where the Board holds no
hearing, its record of proceeding shall be fully available to the parties
for review and supplementation by the parties, and the Board shall base
its decision solel 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 such as separa-
tions, disciplinary actions, or recovery of moneys from a grievant,
where those actions are related to a grievance pending before the
Board. The Board's authority to grant interim relief does not affect
the authority of an agency 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 the Board may reconsider a decision.
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 and make decisions setting forth findings of fact and
the reasons for the decision.
Section 1107 (b) and (c) authorizes the Board to order the Depart-
ment, within the limitations of the Secretary's authority, to take
presecribed courses of remedial action. 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 if the Board finds that a grievance is
meritorious and that remedial action should be taken which relates
directly to promotion or assignment of the grievant, or to other re-
medial action not otherwise provided for under section 1107, or if the
Board finds that the evidence before it warrants disciplinary action
against any employee of the Department or member of the Service,
it shall make an appropriate recommendation to the Secretary. Upon
receiving the Board's recommendation, the Secretary must make a
written decision thereon within 30 days. If the Secretary does not
reject the recommendation within the 30-day period, the Secretary
must implement the recommendation. A recommendation may be re-
jected only on the grounds that implementation of the recommenda-
tion would be contrary to law or would adversely affect the foreign
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policy or national security of the United States. If the Secretary re-
jects the recommendation in whole or in part, the Secretary must
specify the reasons for the rejection. Pending the Secretary's decision,
ex parte communications by interested persons with the Secretary
are prohibited.
Section 1108-Access to records
Section 1108 derives from section 692 (7) and (8) of the 1946 Act.
Section 1108 (a), which is new, provides that denial of access to an
agency record to a grievant may be raised by the grievant in connec-
tion with the grievance. Section 1108 (d) provides that the Board may
consider the denial in reaching its decision.
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 to the grievant would adversely affect the
foreign policy or national security of the United States or that such
disclosure is prohibited by law. Section, 1108 (c) authorizes the Board
to turn over to the grievant relevant and material agency records it
obtains.
Section 1108(e) provides that the grievant shall be permitted access
to the record of proceedings and the decision of the Board.
Section 1109-Relationship to other remedies
Section 1109 carries forward section 693 of the 1946 Act. It pre-
cludes a grievant from seeking relief under these grievance procedures
when he or she has sought relief under another provision of law, regu-
lation, or Executive order. 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 mat-
ters 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
section 1206 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 regulations
prescribed by the Secretary and of final action of the Secretary, or the
Grievance Board. Suit may be filed in the District Courts of the
United States in accordance with chapter 7 of title 5, United States
Code. The standard of judicial review is that provided in 5 U.S.C. 706.
TITLE II-TRANSITION, AMENDMENT TO OTHER LAWS, REPEALS AND
MISCELLANEOUS PROVISIONS
The transition chapter sets forth the provisions necessary to enable
the employees affected by the bill to be converted to the Foreign Serv-
ice or to the Civil Service, as appropriate. The tests of conversion to
the Foreign Service include the commitment of the employee to be
available for worldwide assignment as well as the existence of the
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appropriate skills for positions abroad. This chapter provides pro-
cedures for the use of these criteria and a maximum three-year period
for conversion to be completed. After, the three-year period has run,
the conversion provisions of this chapter will no longer be operative.
Section 2101-Pay and benefits pending conversion
Section 2101 provides (except with respect to USICA employees
within the coverage of section 2104(b)) that members of the Foreign
Service eligible for conversion under sections 2102 and 2103, relating
to conversion to the Foreign Service Schedule and the Senior Foreign
Service, shall receive pay and other benefits as if converted on the
effective date of the Act.
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
Service Schedule. To be converted under this section, personnel must
be available for assignment abroad. Personnel who are not currently
available for worldwide assignment will be converted to the Foreign
Service Schedule only if the Secretary certifies there is need for their
services in the Foreign Service and they agree in writing to accept
availability for worldwide assignment as a condition of continued
Foreign Service employment. Otherwise they will be converted to the
Civil Service under section 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 interrupted by personal circumstances.
Section 2103-Conver8ion to the Senior Foreign Service
Section 2103 provides for conversion to the new Senior Foreign
Service..
Section 2103 (a) provides that Foreign Service officers and Reserve
officers (with limited and unlimited tenure), who are available for
worldwide assignment and are serving under appointments at class 2
or higher, may elect to enter the Senior Foreign Service within 120
days following enactment of the bill.
Section 2103(b) provides that the Secretary shall grant a limited
Senior Foreign Service appointment 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 (d) states an exception for Reserve officers who are not
currently 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 agree in writing
to accept availability for worldwide assignment as a condition of
employment. This provision is intended to serve the same purpose as
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 speci-
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112
fled in subsection (a) may later submit a request for a Senior Foreign
Service appointment. In that event, the officer may be appointed to
the Senior Foreign Service only in accordance with such conditions as
the Secretary may prescribe consistent with the provisions in chap-
ter 6 regarding promotion into the Senior Foreign Service.
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 three years after the effective date of the Act. If the officer
is -a participant in the Foreign Service Retirement System, benefits
under that system may be immediately available. Prior to leaving, the
conditions of service for these officers will be governed by the bill but
they will not be eligible for performance pay or limited extensions of
their career appointments, and their assignment possibilities will be
limited. This subsection does not apply to officers whose conversion
to the Senior Foreign Service is prevented by their unavailability for
worldwide assignment. Such officers would be converted to the Civil
Service under section 2104 if they wish to remain in Government
service.
Section e2104-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 shall be converted to a position
in a comparable grade of the General Schedule or to the Senior Execu-
tive Service. The purpose of this provision is to convert those current
"domestic" Foreign Service personnel to the Civil Service without
loss of salary or grade.
The 3-year mandatory conversion period for "domestic" Foreign
Service personnel in the International Communication Agency
(USICA) will not commence until July 1, 1981, in consideration of
a preexisting collective bargaining agreement with the labor organi-
zation representing those personnel.
Section 2105-Conversion of certain positions in the Department of
Agriculture
Section 2105 provides for certain positions in the Foreign Agri-
cultural Service 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 that the conversions made pursuant to this
chapter shall be accomplished in a manner which preserves the status
and benefits that members of the Service enjoyed prior to conversion.
Section 2106 (a) (1) provides that conversion to a new personnel sys-
tem, category, or salary schedule shall be to the most closely corres-
ponding class or grade and step and shall be without a reduction in
salary.
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Section 2106(a) (2) provides a table for conversions of members of
the Foreign Service to the new Foreign Service Schedule, as well as
specifying the method for determining assignment to salary steps
within a class. Special provision is also made for accelerated considera-
tion of promotions to FS-4, a class left empty by the conversion table.
Section 2106 (b) permits those employees who are converted to
the Civil Service to elect to remain participants in the Foreign Service
Retirement and Disability System, so long as they continue to serve in
an agency authorized to use the authorities of the bill. Such an in-
dividual could choose between the Civil Service system's provisions
for a higher maximum annuity and exemption from mandatory re-
tirement or the Foreign Service system's provisions for earlier re-
tirement and a somewhat more liberal computation formula. Section
9,106 (c) provides that members shall be converted to a type of appoint-
ment which corresponds as closely as possible in tenure to the type of
appointment from which they were converted. Section 2106(d) pro-
vides that individuals serving under appointments in the Service or in
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 re-
peal of the 1946 Act. This includes, :for example, current chiefs of mis-
sion and current members of the Foreign Service Grievance Board.
Finally, section 2106(e) defers for ten years or until they become
eligible for an immediate annuity the application of the bill's provi-
sions for retirement based on relative performance with respect to cur-
r
rent personnel who are not now subject to such retirement (see, section
Section I107-Regulations
Section 2107 provides that the Secretary of State, under the direc-
tion of the President, shall prescribe regulations to implement the
transition chapter.
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. Sections 2107 and 2108 ensure that the conversion provi-
sions will be implemented in a uniform and consistent manner.
CHAPTER 2-AMENDMENTS RELATING TO FOREIGN AFFAIRS AGENCIES
Section 2201-Basic authorities of the Department of State
Section 2201 (a) adds eight new sections to the Act to provide cer-
tain Basic Authorities for the Department of State. That Act now
contains a number of statutory authorities which apply to the Depart-
ment 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, as amended, or in
annual State Department authorization acts.
(1) Gifts (new section 25). Section 1021 of the Foreign Service Act
of 1946, as amended, contains the authority of the Secretary of State
to accept and use gifts for the purposes of the Department of State,
including the Foreign Service. Section 25 is materially identical to
current law.
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(2) Authorization to Retain Attorneys (new section 26). Section
1031 of the Foreign Service Act of 1946, as amended, provides that
the Secretary of State may authorize a principal officer of the For-
eign Service to procure legal services. This authority will also be avail-
able to USICA and IDCA.
(3) Employment Opportunities for Family Members (new section
27). Section 401 (a) of the Foreign Relations Authorization Act, Fis-
cal Year 1979, Public Law 95-426, 92 Stat. 963 (1978), and section
413 (C) of the Foreign Relations Authorization Act, Fiscal Year 1978,
Public Law 95-105, 91 Stat. 844 (1977), contain provisions designed
to facilitate the employment of members of the families of United
States Government employees abroad. Those provisions are not incor-
porated in sections 333 or 451 of this bill because they do not pertain
to appointment to the Foreign Service or compensation in the Foreign
Service. The provisions involved are a direction to seek to negotiate
agreements to facilitate employment of family members abroad and
an authorization for such members to accept employment abroad un-
less 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 Foreign
Service Act of 1946, as amended, provides that the Secretary of State
may authorize a principal officer to approve the use of Government-
owned or leased vehicles for transportation at post when public trans-
portation is unsafe or unavailable. New section 28 contains the same
authority, but adds authority to do this when such use would be advan-
tageous to the Government. This authority may be used uniformly for
all agencies at a post, or for a specific agency with special problems
as determined by the principal officer. It may be used in situations
where it is less costly to provide transportation than to pay the cost
of shipping privately-owned vehicles, where some U.S. citizen em-
ployees or members of their families are not permitted to drive by
local law or custom, or where some are not permitted to import ,a pri-
vately-owned vehicle by the local government or are effectively pre-
vented from doing so by. reason of import duties in excess of the pur-
chase value of the privately-owned vehicle. When the Government
elects to provide transportation to employees, the employees concerned
may not import vehicles at Government expense.
(5) Educational Facilities (new section 29). This section is iden-
tical to section 1081 of the Foreign Service Act of 1946, as amended,
which authorizes the Secretary of State to establish, operate, and main-
tain abroad primary schools and school dormitories and related educa-
tional facilities for primary and secondary schools, as well as to make
grants for such purposes and to otherwise provide for such facilities.
(6) Malpractice Protection (new section 30). Section 1091 of the
Foreign Service Act of 1946, as amended, provides that the exclusive
remedy for malpractice claims against to Department medical per-
sonnel arising out of health services furnished in the course of official
duties shall be a tort claim against the United States. It also contains
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 Service (new section 31). This section contains
authorities for the operation of, and assistance to, employee operated
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commissionary and other services and facilities. This authority is now
found in Title IV, Part C, of the Foreign Service Act of 1946, as
amended, which applies generally to United States Government em-
ployees abroad. Section 921 of the 1946 Act is the substantive provision
which corresponds to new section 31 of the Basic Authority.
(8) Security Officers and Other Per Diem, (new section 32). This
section authorizes the Secretary of State to pay subsistence expenses
to 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 provision is designed to give the Secretary of State au-
thority (equivalent to that of the Secretary of Treasury vis-a-vis
Secret Service agents) with respect to security officers of the Depart-
ment assigned to protective security missions, and with respect to
other employees on protracted travel status. This authority will enable
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 pro-
tect foreign visitors to the United States, and provides similar au-
t.thority for other employees in the same circumstances. Security
officers assigned such missions are required to stay in the very expen-
sive hotels usually used by visiting dignitaries. They cannot pay
their out-of-pocket subsistence expenses on the $50 per day limita-
tion imposed by 5 U.S.C. 5702, so this section authorizes the Secretary
to disregard that limitation.
(9) Title (new Section 33). This section provides that the pro-
visions of the 1956 Act, as amended, may be cited as the "State De-
partment Basic Authorities Act of 1956".
Section 2201 also provides that the Director of the International
Communication Agency and the Director of the International Develop-
ment Cooperation Agency may continue to utilize the authority of
section 25 (acceptance and use of gifts) and section 26 (retaining at-
torneys). Under current law these two agencies have these authorities
by virtue of provisions which permit them to utilize the authorities
of the Foreign Service Act of 1946, as amended. In the case of ICA
these provisions are contained in section 2 of Executive Order No.
10477, section 10 of Public Law 90-494, 82 Stat. 810 (1968), and sec-
tion 7 of Reorganization Plan No. 2 of 1977. In the case of IDCA these
provisions are found in section 625(d) (2) of the Foreign Assistance
Act of 1961, as amended (22 U.S.C. 2385).
Sections 2202, 2203, and 2204-Conforming amendments
Sections 2202, 2203, and 2204 conform to the appropriate citations
of this bill various references to the 1946 Act contained in the Peace
b 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 Disarmament Act
(22 U.S.C. 2551 et seq.). Section 2401(c) of the bill provides that
references in other laws to the 1946 Act shall be considered references
to corresponding provisions of the new Act, 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 con-
forming amendments are as follows :
(a) Sections 5(f) (1) (A) 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) ;
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(b) Sections 625(d) (1), 629(b), 631(b), and 361(c) of the Foreign
Assistance Act (22 U.S.C. 2385, 2389, and 2391) ; and
(c) Sections 42 and 48 of the Arms Control and Disarmament Act
(22 U.S.C. 2582 and 2588).
section 2202 provides that the President may use Foreign Service
personnel authorities for those employees of the Peace Corps who are
available for worldwide assignment and who occupy positions requir-
in worldwide availability.
Section 2204 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-
quiring continuity over periods exceeding five years.
Section P2205-Repealed provisions
Section 2205 repeals a number of provisions of law which will be
superseded, or made obsolete or redundant by the enactment of the bill.
The committee notes the applicable rules of construction set out in
sections 108 and 109 of title 1, United States Code, and stresses that
the repeal by this Act of any other provision of law repealing yet
another Act, should not be construed to revive the latter.
All 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 Authorizations Act, Fiscal
Year 1979, are repealed. These are :
-Section 401, which pertains to employment of family members
overseas, and which has been incorporated in sections 311 and 407
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
Foreign Service personnel requirements and compensation by
January 20, 1979. The report was submitted at that time.
Section 413 of the Foreign Relations Authorization Act, Fiscal Year
1978, is repealed. That section, which relates to employment of For-
eign Service spouses, is covered by the provisions of sections 311, 407,
703(d), 704, and 705(b).
The following provisions of the Foreign Relations Act, Fiscal Year
1977, are repealed :
-Section 117, required. a report which has been submitted to Con-
gress on proliferation of personnel categories within the Depart-
ment of State and the United States Information Agency by a
date 180 days after enactment;
-Section 120, which. expressed the sense of Congress that career
Foreign Service personnel should occupy a greater number of
ambassadorial positions, has been incorporated in substance in sec-
tion 304((a) (2) of title I of the bill; and
-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 pur-
pose.
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Section 6 of the Department of State Appropriations Authorization
Act of 1973 is repealed. That section required a report on political
contributions by nominees for ambassador or minister and is incor-
porated in substance in section 304 (b) (2) of the bill.
The Act to promote the foreign policy of the United States by
strengthening and improving the Foreign Service personnel system of
? the International Communication Agency through establishment of
a Foreign Service Information Officer Corps, Public Law 90-494, 82
Stat. 810 (1968), is repealed. Some provisions of that Act are incon-
sistent 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 veterans' status an affirmative factor in appoint-
ment.
Section 104(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2454 (c) ), providing that the Secretary of State
may employ or asssign Foreign Service Reserve, staff, or alien em-
ployees 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 IDCA may utilize the new Foreign Service per-
sonnel authorities in the same manner in IDCA as the Secretary of
State does for the Department of State.
Section 625 (e), which provides authority for a selection-out system,
becomes unnecessary because the Director of IDCA, like the Secretary
of State and the Director of ICA, has this authority under sections
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 IDCA
under section 702 of the bill; and
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
authorities 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 an Act to provide certain basic authority for
the Department of State (22 U.S.C. 2679a, 2680a) are repealed, hav-
ing been substantially reenacted as sections 412 and 207, respectively,
of the bill.
Section 124 (a) (2) of the International Development and Food
Assistance Act of 1977, which provides authority for the performance
by the Inspector General of the Foreign. Service of the functions of
the former Inspector General, Foreign Assistance, is superseded by
section 209 of the bill.
A series of provisions making adjustments to the annuities provided
under the Foreign Service retirement and disability system are re-
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pealed since they have been fully implemented and will be superseded
by the present bill.
Section 2206--0 ther conforming amendments
Section 2206 lists a number of technical amendments to the legisla-
tion that substitute references to this bill in place of parallel refer-
ences to the 1946 Act.
CHAPTER 3-AMENDMENTS TO TITLE 5, UNITED STATES CODE
Section 2301-Reemployment rights
Section 2301(a) amends chapter 35 of title 5 by adding a new sub-
chapter VI consisting of one section, section 3597. New section 3597
provides that an employee of any agency who accepts, with the con-
sent of the head of that agency, a limited appointment in the Foreign
Service under section 309 of the bill, is entitled, upon the expiration
of that appointment, to be reemployed in that employee's former
position or in a corresponding position in that agency. An employee
so reemployed is entitled to any within-grade increases in pay which
the employee would have received if the employee had remained in
the former position in the agency.
Section 2301(b) makes a conforming amendment to the analysis
for chapter 35.
Section 2302-Salary for ambassadors at large
Section 2302 amends section 5313 of title 5, by adding ambassadors
at large to those positions in Executive Level II of the Executive
Schedule. The current pay payable for Executive Level II is
$60,662.50.
Section 2303 Advances of pay incident to departures from posts
abroad
Section 2303 amends section 5522 of title 5, to permit the advance
payment of pay, allowances, and differentials whenever an employee
is authorized or ordered to leave a post abroad due to unsettled con-
ditions. Advance payments may be made even if an evacuation has not
been ordered.
Section 2304-Premium pay
Section 2304 amends paragraph (2) of section 5541 of title 5, to
entitle members of the Foreign Service, other than members of the
Senior Foreign Service, to premium pay in accordance with the pro-
visions of subchapter V of chapter 55 of title 5.
Section 2.305-Severance pay
Section 2305 is a technical amendment to section 5595 (a) (2) (vi) of
title 5, United States Code, to ensure that the amendments made by
the bill will not result in certain members of the Foreign Service be-
coming entitled to severance pay under section 5595 of title 5, United
States Code, as well as section 609(b) (1) of the bill. Section 609(b)
(1) authorizes severance pay for members who are separated under
the time-in-class provisions or are selected out. The amendment pro-
vides.that members who receive benefits under section 609 (b) (1) are
not entitled to also receive severance pay under section 5595 of title 5.
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This reflects current practice under which members are not entitled
to both benefits.
Section 2306-Attorneys fees in back pay cases
Section 2306, as redesignated by a committee amendment, amends
section 5596(b) of title 5, to provide that attorneys fees may be
awarded to members of the Foreign Service under the same circum-
stances in which they may be awarded to Civil Service employees
under the CSRA.
Section 2307-Separate maintenance allowance
Section 2307, as redesignated by a committee amendment, amends
section 5924(3) of title 5, to broaden the authority to pay a separate
maintenance allowance. Currently such an allowance may only be paid
when an employee is separated from his family because of dangerous,
notably unhealthful, or excessively adverse living conditions, or for
the convenience of the Government. Section 2307 would also permit
the payment of an allowance when special needs or hardship involving
an employee or an employee's spouse or dependents warrant such
payment.
Section 2308-Education allowance
Section 2308, as redesignated by a committee amendment, amends
section 5924(4) (B) of title 5, to eliminate a distinction that allows 1
or 2 annual round trips, depending upon type of education, for de-
pendents of some Government employees, but only 1 round trip for
each type of education for dependents of other Government employees.
This amendment would authorize, .with respect to all Government
employees, 1 round trip for dependents to obtain secondary education
and 2 round trips for dependents traveling to obtain undergraduate
college education.
Section 2309-Posts requiring special incentives
Section 2309, as redesignated by a committee amendment, amends
section 5925 of title 5, to provide that any employee who is granted
a so-called hardship post differential may be granted an additional
differential for an assignment to a post determined to have especially
adverse conditions of environment which warrant additional pay as a
recruitment and retention incentive. Such an additional differential
may be paid for each assignment to a post determined to have such
condition, may be paid periodically or in a lump sum, and may not
exceed 15 percent of the rate of basic pay of that employee for the
period served under that assignment. This section is intended to pro-
vide a encies with an additional tool which may be used, depending
on budgetary considerations, to recruit members to serve in especially
arduous locations overseas.
Section 2310-Advances of pay
Section 2310 (a), as redesignated by a committee amendment, amends
chapter 59 of title 5, by adding a new section 5927. The new section pro-
vides that up to three months' pay may be paid in advance to an em-
ployee upon assignment of the employee to a post in a foreign area.
Section 2310(b), as redesignated by a committee amendment, amends
the analysis for chapter 59 of title 5, to reflect the addition of new
section 5927.
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Section 2311-Danger pay allowance
Section 2311(a), as redesignated by a committee amendment,
amends chapter 59 of title 5, to add a new section 5928. The new
section provides that 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. Section 2311(b), as redesignated by a com-
mittee amendment, amends the analysis for chapter 59 of title 5, to
reflect the addition of new section 5928. The committee stresses that
the new danger pay allowance provided under proposed new section
5925 should be limited to situations where there is imminent danger
to the life or safety of Federal employees serving in the area. It is con-
ceivable that such a situation could arise at any post : at posts where
a post differential under section 5925 of title 5, as amended by the bill,
is authorized because of especially adverse conditions and at posts
where it is not authorized. The committee intends that simultaneous
payments under sections 5925, as amended, and 5928 be limited by
regulation to a maximum of 50 precent of an employee's basic pay.
Section 2312-Leave
Section 2312, as redesignated by a committee amendment, amends
sections 6301 and 6304 of title 5, to provide that leave accumulated by.
members of the Senior Foreign Service will not be subject to the
limitation on accumulated leave generally applicable to employees.
This is the same as is provided for members of the Senior Executive
Service.
Section 9313-Retirement credit for imprisoned foreign nationals
Section 2313, as redesignated by a committee amendment, amends
section 8332(b) of title 5, United States Code, to provide that periods
of imprisonment of a foreign national employee compensated under
section 410 of the bill shall be creditable for Civil Service Retirement
and Disability System benefits if the foreign national was covered
by the system while employed by the United States or is qualified for an
annuity under the System on the basis of other service.
Section 2314-Conforming amendments to title 5
Section 2314, as redesignated by a committee amendment, makes a
number of conforming amendments to title 5, and changes references
to sections of the 1946 Act to correspond to references to sections of the
bill.
CHAPTER 4-SAVING PROVISIONS, CONGRESSIONAL OVERSIGHT, AND EFFEC-
TIVE DATE
Section 2401-Saving provisions
Section 2401 is necessary to preserve all actions taken under the
1946 Act or any other Act repealed, modified, or affected by this bill
until modified, revoked, or superseded. 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.
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Section 2402-Congressional oversight of implementation
Section 2402 requires a report to the Congress by the Secretary of
State within fifteen months after the bill's effective date. The report is
to describe steps taken in furtherance of the objective of maximum
compatibility among agencies authorized to use the Foreign Service
personnel 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.
Section 2403-Effective date
Section 2403, as amended by a committee amendment, 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 under section 814(a) will
apply to individuals who, after that effective date, become former
spouses of a participant or former participant in the System.
COST
The committee has reviewed the cost estimate furnished by the Con-
gressional Budget Office prusuant to section 403 of the Congressional
Budget Act of 1974 and adopts that estimate as the cost estimate of the
committee for the purpose of clause 7 of House Rule XIII. The cost
estimate prepared by the Congressional Budget Office is set forth
below :
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, D.C., May 15 1980.
Hon. JAMES M. HANLEY,
Chairman, Committee on Post Ogee and Civil Service,
U.S. House of Representatives, Wshington, D.C.
DEAR MR. CHAIRMAN : Pursuant to Section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has prepared the
attached cost estimate for H.R. 6790, the Foreign Service Act of 1980,
as ordered reported on April 24, 1980.
Should the Committee so desire, we would be pleased to provide
further detail on the attached cost estimate.
Sincerely,
ALICE M. RrvLIN, Director.
CONGRESSIONAL BUDGET OFFICE-COST ESTIMATE
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 Post
Office and Civil Service on April 24, 1980.
4. Bill purpose : The purpose of this legislation is to strengthen and
improve the Foreign Service of the United States. The legislation pro-
motes maximum compatibility between the Foreign Service personnel
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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 provides a
system of incentive payments and awards to encourage and reward
outstanding performance.
5. Cost estimate :
Function 150: Estimated costs ----------
46.4
58.7
63.9
69.5
75
2
Function 602:
Estimated budget authority ----------
16.7
18.9
20.9
23.0
.
25.1
Estimated outlays_________________
1.6
1.4
1.4
1.5
1.9
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 sec-
tions 801-827 require subsequent authorization and appropriation 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-In8pector 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-
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 eli-
gible 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 ------------------------------------------------------------ -----
1982 ------------------------------------------------------------ $5.8
1983 ------------------------------------------------------------ 6.3
1984 ------------------------------------------------------------ 6.9
1985 ------------------------------------------------------------ 7.4
No cost is estimated for fiscal year 1981 because the State Depart-
ment has indicated that the rating and selection cycle cannot be
completed in time. The 1982 estimate is based on the methodology of
the Office of Personnel Management (OPM) and assumes that the
50 percent 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
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through nine and a biennial step increase while in steps 10 through 13.
Previously, the law stipulated that Foreign Service Offcers 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 coat-step inerease8
Fiscal year : Millions
1981
-------------------------------------------------------------
$5.3
1982
-------------------------------------------------------------
5.7
1983
-------------------------------------------------------------
6.2
1984
-------------------------------------------------------------
6.7
1985
-------------------------------------------------------------
7.3
These figures were derived by applying an average three percent step
increase to the eligible population under the Foreign Service Schedule
and deducting the estimated costs under the previous system.
Section 41$-Special Differential and Premium, Pay
Under this section, the Secretary may continue to piay special differ-
entials to Foreign Service Officers (FSO) who are required to perform
work in excess of normal requirements. In addition, it entitles FSO's
to receive premium pay for overtime work. FSO's are not currently
eligible for overtime pay.
Datimated coat-premium 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 retirement
when this limit is exceeded. Under current law the Secretary may set
limits only for Foreign Service Officers. This section extends the au-
thority to all members of the Foreign Service. Some savings may
result from this provision. However, since the limitations are the dis-
cretion of the Secretary, no basis exists for estimating the amount.
Section 701-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.
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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 decreasing
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 he 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 $125.1 million would be
amortized in thirty equal annual installments of $9.6 million each. In
addition, the increase in net income to the fund (additional payments
less outlay increases) would earn interest and thus also increase budget
authority.
The following table summarizes the budgetary effect on the Foreign
Service Retirement fund that would result from enactment of H.R.
6790.
Estimated outlays:
Changing mandatory retirement-
-.--increased annuities_______________ 2.3 3.6 4.8 6.0 7.2
Total--------------------------
1.6
1.4
1.4
1.5
1.9
Estimated budget authority:
Increased employee/employer con-
6
8
9
5
10.3
tributions______________________
30 yr amortization payments___
6 6
9.6
7 7
9.6
.
9.6
.
9.6
3
9
9.6
5
2
Interest earned -------------------
.5
1.6
2.7
.
.
Total__________________________
16.7
18.9
20.9
23.0
25.1
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 redistribute 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;
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(4) The costs of emergency evacuation and care of young
children 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 expenses
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
assumptions :
(1) The TDY travel expenses for families will total $96,000
per year.
(2) The 1981 domestic transfer costs will be $516,000 and
thereafter 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.
(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.
Fiscal year : Millions
1981
------------------------------------------------------------
$0.3
1982
------------------------------------------------------------
.3
1983
------------------------------------------------------------
..3
1984
------------------------------------------------------------
.3
1985
------------------------------------------------------------
.4
Based on internal divorce and health statistics, the Department of
State estimates the medical costs for 24 divorced spouses per year to
total approximately $260,000.
Section 1006-Foreign Service Labor Relations 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 day 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
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estimated annual cost of $5,000. Since these members are likely to be
local residents, no travel costs are assumed.
Section 1107-Board Decisions
This section authorizes the Foreign Service Grievance Board to pay
attorney fees incurred by an employee in cases where the Board de-
termines 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. Assuming an average cost of $800 per caseload
,
the estimated annual cost for payment of attorney fees is $20,000.
Section f10.-Conversion to the Foreign Service Schedule
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.
Estimated cost-Conversion
Fiscal year : Minions
1981 ------------------------------------------------------------ $37.6
1982 ------------------------------------------------------------ 41.1
1983 ------------------------------------------------------------ 44.8
1984 ------------------------------------------------------------ 48.6
1985 ------------------------------------------------------------ 52.4
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 procedure 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 coat-Conversion
Fiscal year : Millions
1981 -------------------------------------------------------------- $0.2
1982 ----------------------------------------- 9
2
1983 ----- ----- ------------ --- ------ --- - - ------------ .2
1984 ------------------------------------------------------------- .3
1985 ------------------------------------------------------------- .3
This estimate assumes that all eligible Foreign Service Officers will
convert to the Senior Foreign Service on the 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.
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Section 2105-Conversion of Certain Position 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 Re-
tirement 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 procedure 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
FS0-8, FSR-8, FSRU-8, or FSS-6------------------------------------- GS-7--------------------------- GS-8
FSS-7------------------------------------- FS-8--------------------------- GS-7
FSS-8------------------------------------- FS-9--------------------------- GS-6
FSS-9 FS-10-------------------------- GS-5
FSS-10------------------------------------ FS-10------------------------- GS-5
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 :
Estimated cost-conversion
Fiscal year : Millions
1981
------------------------------------------------------------
$2.0
1982
------------------------------------------------------------
4.4
1983
------------------------------------------------------------
4.8
1984
------------------------------------------------------------
5.2
1985
------------------------------------------------------------
5.6
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
maintain a separate household.
Estimated cost-conversion
Fiscal year : Millions
1981
------------------------------------------------------------
$3.1
1982
------------------------------------------------------------
3.4
1983
------------------------------------------------------------
3.7
1984
------------------------------------------------------------
4.0
1985
------------------------------------------------------------
4.3
It is estimated that this provision will result in a net savings be-
cause the savings from not moving the family are greater than the
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allowance for maintaining the separate household. The average For-
eign Service family relocation cost is $40,000 and the separate mainte-
nance allowance is $35,000 for a net savings of $5,000 per family. It is
estimated that approximately 620 families will elect to maintain sepa-
rate households.
Section $307-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-Po8t8 Requiring Special Incentives
This section provides a bonus of up to 15 percent of basic pay as an
incentive to recruit and retain personnel at posts with adverse envir-
onmental conditions.
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.
1981 ------------------------------------------------ hftllio 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 iby : Linda Gard, Sherri Kaplan, and Rita
Seymour.
10. Estimate approved by :
C. G. NUCKOLs
(For James L. Blum,
Assistant Director for Budget Analysis).
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OVERSIGHT
Under the rules of the Committee on Post Office and Civil Service,
the Subcommittee on Civil Service is vested with legislative and over-
sight jurisdiction over Federal employees, including members of the
Foreign Service, generally. As a result of its consideration of this mat-
W ter, the subcommittee concluded that there is ample need and justifica-
tion for the enactment of this legislation.
The committee received no report of oversight findings or recom-
mendations from the Committee on Government Operations pursuant
r to clause 4(c) (2) of House Rule X.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(l) (4) of House Rule XI, the committee has
concluded that the enactment of H.R. 6790, as amended, will have no
inflationary impact on the national economy.
ADMINISTRATION VIEWS
Set forth below are the reports of the Office of Management and
Budget and the Department of State on H.R. 6790.
EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, D.C., April 1, 1980.
Hon. JAMES M. HANLEY,
Chairman, Committee on Post Office and Civil Service, House of Rep-
resentatives, Washington, D.C.
DEAR JIM : The Office of Management and Budget and the Office of
Personnel Management have reviewed H.R. 6790, the current version
of the proposed "Foreign Service Act of 1980," and I wish to advise
your Committee of the Administration's strong objections to the bill's
pay provisions. When the bill was submitted initially by the Adminis-
tration, the President had not decided on the linkages, pay rates, or
the provisions for conversion to the.new Foreign Service Schedule. He
has now reached a decision on these matters, and we are taking this
opportunity to inform you of it.
As H.R. 6790 now stands, it includes, in sections 403, 2106, and the
related sections, a new pay system for the Foreign Service which is
vastly different from that included in the bill as proposed by the Ad-
ininistration and is at odds with the President's decisions. Accordingly,
those provisions of the bill are not acceptable to the Administration.
Under the Federal Pay Comparability Act of 1970, the President is
responsible for adjusting Foreign Service pay each year at the same
time he adjusts General Schedule pay. For the purpose of this adjust-
ment, Foreign Service pay rates are related to General 'Schedule pay
rates through a series of "linkages", that is, grade levels under the two
pay systems which have been determined to be of an equivalent level
of work, and thus appropriately paid the same rates of pay. The Office
of Personnel Management conducted a major review of these linkages
and found that they were in need of change. Separately, the Depart-
ment of State was directed by Congress to review Foreign Service pay
rates, and the contractor who performed that study also found a need
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for change in the linkages, although the exact changes indicated by
that study were somewhat different from those of the OPM study. Both
of these studies were reviewed exhaustively by an interagency task
force, which developed several options for the consideration of the
President. The President has determined that a change in the linkages
is warranted, and that the appropriate change is one that reasonably
accommodates the concerns raised by both studies.
The new linkages decided on by the President for implementation
with the new Foreign Service schedule are shown in the attached
table. Thes linkages would provide an average increasee in Foreign
Service pay of $1,422, or 5.33 prcent, and would cost approximately
$15 million annually. While the President is, of course, concerned
about this additional cost, he feels very strongly that the Foreign
Service must be paid fairly, and that this expense is warranted in
order to provide comparable pay treatment for Foreign Service em-
ployees as required under the comparability principle.
However, H.R. 6790 in its present form goes far beyond the changes
required by the President's decision. Section 403 of the bill would
adopt a set of linkages that would substantially overpay the Foreign
Service in relation to the General Schedule. Further, the new linkages,
and the bill's provisions for converting present employees to the new
pay rates, would cost nearly $34 million the first year and $200 million
over 5 years. It would increase Foreign Service pay by an average of
nearly 12 percent, and approximately 1800 or 17 percent of Foreign
Service employees would receive increases of between 20 and 25 per-
cent. These increases would, of course, be in addition to the seven
percent pay raise last October and whatever general pay raise is pro-
vided in the coming October. We believe these provisions of H.R. 6790
are completely unwarranted.
In addition, we must object in the strongest terms to the fact that
section 403 restricts the President's current authority under the Fed-
eral Pay Comparability Act to adjust linkages over time, as changes
occur in the duties and responsibilities for management of the execu-
tive branch's pay systems. We view this restriction as unacceptable
since the President's authority for linkage is absolutely essential in
carrying out his responsibility for management of the statutory pay
systems.
Accordingly, the Administration urges that sections 403, 2106, and
the related sections be removed from H.R. 6790, and that instead only
those pay provisions, without schedules, which originally appeared in
H.R. 4674 be included in this bill. If this is done, the President plans
to implement the new Foreign Service schedule with the conversion
and linkages shown in the attached table.
Finally, we will shortly supply additional comments on a number
of other objectionable features in some of the provisions of H.R. 6790,
including those affecting overseas allowances, family benefits, and
divorced spouses.
Accordingly, in view of the above, enactment of H.R. 6790 in its
present form would not be in accord with the program of the President.
Sincerely,
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Current Current 1st New New 1st
Current grade linkage step pay I New Grade linkage step pay 1
FSO-3----------------------------------- GS-14.40
FSO-4--------------------- GS-13-------- GS-13.00
FSO-5----------------------------------- GS-11.76
FSO-6 ----------------------------------- GS-10.38
FSO-7----------------------------------- GS-8.54
FSO-8--------------------- GS-7
GS-7.00
FSS-1-----------------------------------
GS-14.40
FSS-2-----------------------------------
GS-13.00
FSS-3-----------------------------------
GS-11.76
FSS-4-----------------------------------
GS-10.38
FSS-5----------------------------------- GS-9.22
FSS-6----------------------------------- GS-8.10
FSS-7----------------------------------- GS-7.02
FSS-8----------------------------------- GS-5.98
FSS-9----------------------------------- GS-4.97
FSS-10--------------- ----- GS-4 GS-4.00
FS-1--------------------- GS-15 GS-15.00
FS-2----------------------------------- GS-13.38
FS-3--------------------- GS-12 GS-12.00
FS------------------------------------ GS-10.68
FS-5 ----------------------------------- GS-8.76
FS-6 ----------------------------------- GS-7.20
FS-1--------------------- GS-15 GS-15.00
FS-2----------------------------------- GS-13.38
FS-3--------------------- GS-12 GS-12.00
FS-4----------------------------------- GS-10.68
FS-5----------------------------------- GS-8.76
FS-6 ----------------------------------- GS-7.20
FS-7----------------------------------- GS-5.95
FS-8--------------------- GS-5 GS-5.00
FS-9----------------------------------- GS-.32
FS-9----------------------------------- GS-4.32
ExEcurIvE OFFICE OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, D.C., April 18,1980.
Hon. JAMES M. HANLEY,
Chairman, Committee on Post Office and Civil Service, House of
Representatives, Washington, D.C.
DEAR JIM : This is in further reference to H.R. 6790, the proposed
"Foreign Service Act of 1980," now pending before your Committee.
The Administration proposal for Foreign Service reform, intro-
duced as H.R. 4674, was designed as a companion measure to last year's
Civil Service Reform Act. That proposal was the product of extensive
review within the Executive branch and consultation with the Foreign
Service community. It was the first comprehensive revision of the law
governing the Foreign Service since 1946. We support its objectives
and look forward to early enactment of a bill that will strengthen and
improve the Foreign Service for years to come.
We are, aware that over the past several months, subcommittees of
your Committee and the House Foreign Affairs Committee have put
substantial effort into hearings and markup of this bill. That this
effort has been productive is reflected in the wide areas of agreement
that now exist and the mutually acceptable provisions in many impor-
taait areas. At the same time, however, H.R. 6790 includes certain fea-
tures which we believe, taken in the aggregate, seriously undermine
its overall value. I wrote to you on April 1, 1980, about the pay pro-
visions of the bill. The enclosure to this letter indicates our serious
concerns about other provisions and amplifies our views on the pay
provisions.
Many of the matters noted in the enclosure fall within the special
responsibility of the Post Office and Civil Service Committee for
Government personnel policy generally. Certain of the issues have
implications beyond the Foreign Service, and we think that your Com-
mittee will wish to consider them from a broad, Government-wide
point of view. Since we did not have an opportunity to comment for-
mally on many of these issues when the bill .was considered in the
House Foreign Affairs Committee, we wish to make our position clear
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for consideration by your Committee. We are sending copies of this
letter to Chairmen Zablocki and Fascell.
Because the Administration is strongly committed to achieving
sound Foreign Service reform, we believe it would be regrettable to
have the legislation burdened by unnecessarily expensive or undesir-
able features at a time when the public is increasingly demanding
prudent Government management and avoidance of unnecessary ex-
penditures for Government personnel.
We strongly urge the Committee to adopt the modifications sug-
gested in the enclosure. Agency, staffs stand ready to assist in working
with the Committees to permit expeditious resolution of the various
problems we see in the current version of this legislation, with the
mutual objective of producing an acceptable Foreign Service reform
measure in this session of the Congress.
As indicated in our letter of April 1, detailing the Administration's
objections to the pay features, enactment of H.R. 6790 in its present
form would not be in accord with the program of the President.
Sincerely,
JOHN P. WHITE, Deputy Director.
Ar MINISTRATION POSITION ON SELECTED PRovisIoNs OF H.R. 6790
A. ADDITIONAL PAY SECTIONS REQUIRING CONFORMING MODIFICATIONS
In further amplication of our earlier letter of April 1, 1980 on For-
eign Service pay linkage, we call attention to the related pay sections
in H.R. 6790 that would require conforming modifications.
In addition to sections 402 and 2106(a) (2) (A) and (B), noted in
the earlier letter, these are sections 406, within-class salary increases
(statutory prescription of time in class) ; 501, classification of positions
(last sentence) ; 2101 and 2104, conversion, as discussed below.
Section 406
This section, patterned after that in title 5, United States Code, for
employees under the General Schedule, would prescribe automatic
within-class increases for Foreign Service personnel after prescribed
periods of service. We do not believe a statutory prescription of time in
class is appropriate for the Foreign 'Service because the nature of some
foreign assignments, the quality of work performed and individual
qualifications require more flexibility in advancement patterns than is
true of the General Schedule. We believe the Secretary of State should
continue to have the discretion he has today to prescribe step advance-
ments and to change the pattern if necessary. Accordingly, we believe
section 406 should be modified to conform with section 442 of H.R. 4674.
Section 501
The last sentence of this section directs the Secretary of State, in
classifying positions, "to give appropriate weight" to "job factors
relating to service abroad." The job factors of overseas assignments
are already recognized in the design and linkage of the Foreign Service
Schedule and should not be considered a second time in classification
decisions as this would compensate twice for the same factor. In addi-
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tion, this sentence of section 501 would require the Secretary to give
weight in job classification to "pay practices applicable to United
States citizens employed abroad by U.S. corporations." This require-
ment injects compensation factors into classification determinations.
However, the specific duties, responsibilities and qualifications of a
particular job are the only appropriate factors to be considered in
classification decisions. Both of these classification requirements are
inconsistent and duplicative of the President's authority to establish
pay linkage. Accordingly, we strongly urge this sentence be deleted
from section 501.
Section 2101
In effect this section would allow all present Foreign Service em-
ployees to convert to the new Foreign Service system immediately and
then later those who are not committed to an overseas career would be
shifted to the General Schedule. We are strongly opposed to this pro-
vision. For those destined for the General Schedule, it is a costly and
unnecessary detour, so to speak, through the new pay system by those
who will not become a part of it. We estimate that this method of con-
verting will cost about four times the cost of a direct conversion to the
General Schedule. A 'far more straightforward plan, that would be
fair to the taxpayer and consistent with joint Presidential and Con-
gressional efforts to reduce outlays from the January budget totals,
and yet also be fair to the employee, would transfer employees directly
from the current Foreign Service Schedules to the General Schedule or
to the new Foreign Service schedules. This would require retaining
the existing FS pay schedules for the transition period, with annual
pay increases effected in the normal way by the President under the
comparability process. This approach would provide those who con-
vert to the GS system an average increase in their salary of about $500
per year. We believe the number of employees carried on the old sched-
ules would be small and their retention would not be an excessive ad-
ministrative burden.
Accordingly, we recommend that Section 2104 (b) (2) be deleted,
and that Section 2101 be revised as follows :
Section 9101. Pay and Benefits Pending Conversion.
The President shall prescribe salary rates in accordance
with the salary classes established under Sections 414 and 415
of the Foreign Service Act of 1946, for individuals in the For-
eign Service immediately before the effective date of this Act
until they are converted under section 2102, 2103 or 2104
of this Chapter. Salary rates for such individuals shall be
adjusted at the same time and to the same extent as rates of
basic pay are adjusted for the General Schedule.
H.R. 6790 would allow the Departments of Commerce and Agricul-
ture unrestricted, department-wide use of Foreign Service (FS) per-
sonnel authorities, allowances, and benefits. Allowing these depart-
ments to use the FS Act for any of their employees going overseas
would provide preferential treatment not accorded overseas employees
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of the Department of Defense or other domestic agencies. Such prac-
tice would seriously weaken one of the major justifications for H.R.
6790, which is to "purify" the FS personnel system so that in the
future it will apply only to employees who commit themselves to a
career of jredominantly overseas service.
Accordingly, we urge that subsection (a) of section 202 of H.R. 6790
be amended to read as follows :
"See. 202.
Other agencies utilizing the foreign service personnel 8y8-
tem.-(a) The Director of the International Communication
Agency and the Director of the United States International
Development Cooperation Agency with respect to their re-
spective agencies the Secretary of Agriculture with respect
to the Foreign Agricultural Service, and the Secretary of
Commerce with respect to those employees of the Department
of Commerce performing functions transferred to the Depart-
ment of Commerce from the Department of State by Reor-
ganization Plan No. 3 of 1979 may utilize the Foreign Service
personnel system in accordance with this Act."
Parallel changes also may be required in sections 1003 and 1101(c)
of the bill.
C. OVERSEAS ALLOWANCES
Sections 2308 and 2310 of H.R. 6790 provide two new overlapping
benefits, potentially adding as much as 65 percent to the basic salary
of employees overseas. Section 2308 provides an additional post dif-
ferential allowance to all Government employees overseas of up to 15
percent of base pay for excessively adverse "hardship posts", on top of
the existing 25 percent maximum for such assignments. Section 2310
provides, in addition, a new "danger pay allowance" of up to 25 per-
gent of base pay for overseas employees, in areas where there is danger
of civil insurrection, civil war, terrorism, or wartime conditions threat-
ening physical harm or danger to the health or well-being of the em-
ployees. Taken together, these two benefits are costly and excessive.
While the element of danger at a post is already a recognized factor
in determining the amount of the existing post differential allowance,
the Administration would not oppose an additional, special "danger
pay allowance" for exceptionally hazardous situations. This would
mean a maximum total allowance of 50 percent, based on a maximum
25 percent "danger pay allowance"- that could be paid in addition to
the post differential allowance, but only for actual time spent in areas
designated for the purpose, and with the understanding that the au-
thority would be used sparingly.
Section 2201 would add a new section 32 to the State Department
Organic Act (page 219 of the bill) to permit higher subsistence al-
lowances to State Department personnel who spend "extraordinary"
amounts of time in travel status. We cannot support this amendment.
It represents preferential treatment not accorded similar'personnel.
such as auditors and inspectors in other agencies in the United States
who also must travel for extended periods in order to carry out their
duties. We see no special reason to single out State Department per-
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sonnel in such occupations and therefore strongly recommend that the
proposed section 32 be deleted.
Section 2307 would extend authority for reimbursement for travel
expenses for an annual roundtrip of dependents of all overseas em-
ployees who are obtaining their high school education in the United
States, and for expenses of two roundtrips annually for dependents
receiving undergraduate college educations in the States. This benefit
currently is restricted to the foreign affairs agencies. The Administra-
tion would not oppose its extension to all overseas employees as pro-
posed in the bill, provided the language is amended to eliminate the
recently-enacted second roundtrip for college undergraduates, so that
a uniform single annual roundtrip would be authorized for both high
school and college students.
We believe such an approach, which provides the some treatment of
high school and college-age dependents, is both equitable and adequate,
and that Government payment of two trips a year for older, college-
age students is excessive.
D. FAMILY PROVISION
Section 311(c) of the bill would authorize the Secretary of State
to prescribe regulations governing the overseas employment of family
members of all employees of all agencies. In his testimony before the
House Foreign Affairs Committee, Director Campbell of the Office
of, Personnel Management recommended that OPM retain regulatory
authority for this program for agencies such as the Department of
Defense and others outside the Foreign Service, which have far more
employees overseas than the foreign affairs agencies. He noted that
the language of the bill does not make clear that the Secretary's
regulations would.be merely advisory, nor does the language recognize
OPM's legitimate role in regulating employment outside the Foreign
Service. We concur with OPM and believe section 311 should be
amended to specify that OPM has primary responsibility for employ-
ment outside the Foreign Service under this authority.
Section 704 would permit training grants, without dollar limits, for
family members for any approved program of study, a much broader
authority than that proposed by the Administration bill, which au-
thoHized not to exceed $300 per month, up to a maximum of six months
for an individual for language and orientation training. We recom-
mend that section 704 be modified to limit grants to orientation or
language training directly related to overseas assignments so that it
could not be construed as a general educational program for
dependents.
Section 814 would provide a statutory, automatic alimony payment
to a divorced spouse during an employee's liftime unless a court de-
cides otherwise within one year. The statutory amount would be a
maximum of half the employee's own annuity if the marriage coin-
cided with the entire career, or a lesser amount based on the percentage
the number of years of marriage during the employee's creditable
service is to the employee's total number of years of creditable service.
A similar, automatic statutory share would be provided for the sur-
vivor annuity, in the absence of an employee election or court de-
termination, not to exceed the maximum benefit existing law allows a
spouse.
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We are strongly opposed to the provision for an automatic, statutory
portion of the employee's annuity as survivor or alimony benefits in
the absence of employee or court action, and to the provision allowing
a court only one year to overturn the statutory apportionment of
alimony. Existing law already authorizes alimony payment from
retirement annuities on order of, and in the amount specified by a
court. We do not believe the Federal retirement law should be used
to interfere arbitrarily in domestic relations matters, however de-
sirable the objective might be.
We believe it is essential to leave matters of domestic relations to
the jurisdiction of State courts and to resolution under the case law
that has evolved in this complex area. It is far better that such Courts,
rather than an inflexible Federal statute, define the relationship be-
tween and determine the rights of, the parties in a divorce action, based
on the facts peculiar to each case.
The Administration proposed legislation for the Foreign Service
(copy enclosed) that would provide survivor benefits to a divorced
spouse in an amount determined by the employee or the Court. The
purpose is to remove barriers to the courts reaching the entire property
in a divorce settlement. Accordingly, we recommend that Chapter 8
of the bill be revised with respect to divorced spouses along the lines
of the Administration's proposal.
Section 901, paragraph (3) and (15), would provide travel liberal-
izations. Paragraph (3) would permit payment of travel and sub-
sistence expenses for families to accompany employees to a temporary
duty assignment. Paragraph (15) would add a new travel benefit that
would permit annual reimbursement of roundtrip travel expenses of
children of divorced employees to visit whichever parent does not
have custody. We recommend that these liberalizations, which would
add to travel costs at a time of budget restraint, when the Congress
and the Executive Branch are attempting to reduce such costs, be
deleted from the bill.
Attachment.
UNDER SECRETARY OF STATE FOR MANAGEMENT,
Washington, February 12, 1980.
Hon. THOMAS P. O'NEILL, Jr.,
Speaker of the House of Representatives.
DEAR MR. SPEAKER : Enclosed for consideration of the Congress is
draft legislation to provide survivor benefits for divorced spouses of
members of the Foreign Service.
In 1978 the President established his Commission on Pension Pol-
icy to undertake a comprehensive review of all facets of the Nation's
retirement programs. At that time, he asked for a moratorium on
further retirement liberalization except where essential pending
completion of the study. The study is not scheduled for completion
for another year. This proposal is put forward at this time under
that exception clause. It is therefore proposed as an interim step and
will be reevaluated in the light of the Commission's recommendations
in this sensitive and important area.
The nature of a Foreign Service career makes it especially difficult
for spouses of members of the Foreign Service to attain any inde-
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pendent economic security. Not only do the frequent transfers be-
tween Foreign Service posts all around the world, inherent in a For-
eign Service career, mitigate against the establishment of an inde-
pendent career for a spouse, but the opportunity for paid employ-
ment of any kind in most foreign countries for a spouse is minimal
because of language, cultural and legal barriers. Foreign Service
spouses therefore have little opportunity either to establish a pension
in their own right or to develop marketable skills that can be used
to earn a livelihood when the necessity arises. In the event of a divorce,
a former spouse of a member of the Foreign Service is denied any
survivorship rights under the Foreign Service .retirement system un-
der current law. This is so despite the length of the marriage or desire
on the part of a member or a court to award any portion of the
member's survivor benefit to the former spouse.
The enclosed legislation would authorize provision of survivor ben-
efits to former spouses of members of the Foreign Service either by
election of the member or by court order. The basic approach we are
recommending, if a member does not act voluntarily, is to give a court
authority to reach a member's existing survivor annuity and to award
it to a qualified former spouse, or to divide it between a former spouse
and a second spouse in the same manner a court is authorized to
divide joint and community property at the time of a divorce. In addi-
tion, we are proposing to permit election of certain additional survivor
annuities, on a fully actuarial basis, to benefit a second or subsequent
spouse.
We believe a court should be free, when making an award to a
former spouse, to take into consideration such matters as needs of
the parties and fault, as well as length of the marriage, in order to
arrive at an equitable division. We do not believe the award should
be based solely on years of marriage, as under H.R. 2857. The latter
bill would enable a spouse to desert a member because life in the
Foreign Service is difficult or for any other reason, and automatically
receive a share, both of the member's annuity and survivorship ben-
efit regardless of any other consideration such as child support. There
are such cases and to ignore them would be inequitable.
We have drafted the proposal as an amendment of the proposed
"Foreign Service Act of 1979" as contained in H.R. 4674. A detailed
explanation of the proposed legislation is enclosed.
The proposal is designed to keep its cost to the minimum. It would
increase the Foreign Service retirement system's normal cost-the
ongoing annual cost-about .03 percent of payroll, or by $95,000 per
year at current payroll levels. The legislation would create an un-
funded liability-a one-time phase-in cost of about $3 million. This
would be amortized over 30 years by annual appropriations of
$240,000.
The Office of Management and Budget advises that from the stand-
point of the Administration's program, there is no objection to the
submission of this proposal.
Respectfully,
Enclosure : Draft legislation.
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CONTENTS
883 Survivor Annuities for Divorced Spouses.
(a) Definitions.
(b) Court orders.
(1) General authority.
!(2) Criteria for payments.
(3) Challenge of order.
(4) Information to courts.
(c) Survivor annuities.
(1) Eligibility.
(2) Time of election.
(3) Limitation on amount elected and application of other
sections.
(4) Division among beneficiaries.
(5) Reduction and restoration of participant's annuity.
(6) Recall service.
(d) Death in Service.
(e) General rules for payment.
(f) Applicability.
884 Election of Special Survivor Annuity.
Summary Explanation.
Section By Section Analysis.
Amend H.R. 4674, a bill "To promote the foreign policy of the
United States by strengthening and improving the Foreign Service of
the United States, and for other purposes," by inserting the following
new sections on page 91 following line 13:
"SEC. 883. SURVIVOR ANNUITIES FOR DIVORCED SPOUSES.
"(a) DEFINITIONS.
When used in this section and in section 884, unless otherwise speci-
fied, the term-
(1) "court" means any court of any State, or the District of
Columbia;
(2) "court order" means any court decree of divorce, or the
terms of any court order or court-approved property settlement
agreement incident to any court decree of divorce;
(3) "divorce" includes annulment;
(4) "participant" includes former participant;
(5) "election" means a voluntary action by a participant or an
award by a court.
"(b) COURT ORDERS.
"(1) GENERAL AUTHORITY. A court may order payment of a survivor
annuity to a former spouse in an amount and subject to such condi-
tions as a participant is authorized to elect or specify for a former
spouse under this section, and section 884 whether or not such an elec-
tion is made by the participant. A qualifying court order providing
for payment of a survivor annuity to a former spouse shall be accepted
by the Secretary as a valid election by the participant under this sec-
tion and given the same effect. A court may order cancellation or re-
duction of a previous election by a participant for a spouse, if this is
necessary because of limitations imposed by subsection (c) (3), to per-
mit an election for a former spouse in an amount authorized by this
section. Court orders may not provide for retroactive payments.
"(2) CRITERIA FOR PAYMENTS. Payments under this section and sec-
tion 884 pursuant to a court order shall not become effective until (A)
receipt of the court order and determination by the Secretary that the
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139
order is qualifying under this section and (B) the participant has been
given notice of the terms of the court order and the Secretary's de-
termination that it is'a qualifying order. To be qualified under this
section the Secretary must determine that an order-
"(A) meets the requirements of this chapter;
"(B) expressly requires payment from the Fund to a qualified
former spouse;
"(C) defines the amount to be paid to the former spouse in a
way which can be readily calculated from information in the
normal files of the Department; and
"(D) does not make payment contingent upon events about
which the Secretary has no reliable and practical means of ob-
taining timely notice.
If the Secretary determines that a court order is not qualified under
this section, the former spouse and other interested parties shall be
notified of the determination and the basis therefor.
"(3) CHALLENGE OF ORDER. If a participant or annuitant believes
that a court order found by the Secretary to be qualified is not in fact
qualified, the participant shall be responsible for obtaining from
the court withdrawal or amendment of its order.
"(4) INFORMATION TO COURTS. At the request of any court of com-
petent jurisdiction, the Secretary shall inform the court of the re-
tirement. benefit formula and the entitlement under the System of any
participant involved in a divorce proceeding and shall, through
appropriate channels, inform the courts of the availability of this
information.
"(C) SURVIVOR ANNUITIES.
"(1) ELIGIBILITY. To be eligible for a survivor annuity, a former
spouse must have been married to a participant for at least ten years
during the latter's employment' in the Foreign Service of the United
States which shall include all periods during which a participant was
contributing to the Fund under subsection 811 (a).
"(2) TIME OF ELECTION. A participant may elect a survivor an-
nuity for an eligible former spouse at the time of divorce, at the time
of retirement or completion of recall service, at the effective date of
this section, or when so ordered by a court. An election for a former
spouse under this section shall be irrevocable except as specified by
the terms of the election.
"(3) LIMITATION ON AMOUNT ELECTED AND APPLICATION OF OTHER
SECTIONS.
"(A) The maximum amount of survivor annuities for all sur-
viving spouses and former spouses combined that may be electeed
by a participant under this section may not exceed the total of the
amount that the participant could elect under section 821. The Sec-
retary shall not accept any election under section 821 that would
cause this limitation to be exceeded.
"(B) If an election is outstanding under this section at the time
a participant retires, the participant may not make an election under
subsection 821(f). Receipt by the Secretary of notice of an election
under this section during retirement shall void prospectively any
election previously made by the participant under subsection 821(f).
Recomputation of the participant's annuity resulting from an elec-
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tion under this section shall be effective on the first of the month fol-
lowing receipt of a valid notice of such election by the Secretary.
"(C) Subsection 821(1) shall not apply to a survivor annuity for
a spouse or former spouse that is elected or limited by this section
unless the survivor annuity results from an election dividing a par-
ticipant's survivor annuity equally among all eligible former spouses
and his or her spouse.
" 4) DIVISION AMONG BENEFICIARIES.
"(A) An election under this section may specify that 100 percent
or some lesser percentage of the total authorized to be provided under
this section is to be divided among a participant's eligible surviving
former spouses and any surviving spouse in a designated way. Upon
any subsequent marriage or divorce, the participant may elect a
survivor annuity for a new spouse or eligible former spouse as a
beneficiary of any portion of the maximum survivor benefit not then
potentially payable to a previously named beneficiary under this
section.
"(B) A participant may also specify that a survivor annuity elected
under this section for a beneficiary who dies or otherwise becomes
permanently disqualified prior to the participant's retirement, or al-
ternatively, death shall be paid to another beneficiary or beneficiaries
named under this section.
"(5) REDUCTION AND RESTORATION OF A PARTICIPANT'S ANNUITY. An
election made by a participant prior to retirement to provide a sur-
vivor annuity to a former spouse shall commit the participant to the
acceptance of a reduction in his or her annuity from its commencing
date in the amount required to provide the potential maximum benefit
elected. The annuity of a participant making an election under this
section shall be reduced in accordance with the applicable formulas
in subsections 821 (b) and (i) based on the total amount of the sur-
vivor annuities potentially payable pursuant to the participant's
election (s) under this section. An annunity reduction shall be effective
as of the date of commencement of annuity or the date of divorce, if
later. Effective on the first of the month following the death or per-
manent disqualification of any designated beneficiary under this sec-
tion when the participant has not specified that such a beneficiary's
share is to be redistributed among other beneficiaries, or following
any other reduction in survivor benefit authorized to be paid to a
survivor under this chapter because of a participant's divorce, the
participant's annuity shall be recomputed and paid as if the annuity
had not been so reduced. No annuity shall be restored under section
821 to its full value unless there is no spouse or former spouse po-
tentially eligible for an annuity upon the participant's death.
"(6) RECALL.-A former spouse shall not be entitled to share in any
survivor annuity based on recall service the participant commenced
after the divorce unless the recall service lasted five years or longer
and the participant's annuity is recomputed as authorized by section
:871. In this case, an annuity previously elected for a former spouse
shall also be recomputed and adjusted in proportion to the adjustment
in the participant's annuity. The reduction in the participant's annuity
because of the election for the former spouse shall also be adjusted
accordingly. A participant may elect a survivor benefit for a former
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spouse who qualifies under this section from whom he or she is di-
vorced during or following the recall service.
"(d) DEATH IN SERVICE.
If a participant who has elected a survivor annuity for a former
spouse under this section dies in active service or under conditions
required to be treated as a death in active service, the elected survivor
annuity shall be paid to the former spouse if then qualified, or if not,
when subsequently qualified. If a participant dies leaving one or more
former spouses eligible or potentially eligible for a survivor annuity
under this section and was married at the time of death to a spouse
otherwise eligible for a survivor annuity under section 832, the an-
nuity for such spouse under that section shall be limited to the differ-
ence between the amount authorized by that section and the total
payable or potentially payable under this section to all former spouses
of the deceased participant. In the event a participant dies during
recall service, the election to be made under subsection 832(f) may be
made separately by each survivor for the share of the annuity or
payment to which each is entitled.
" e) GENERAL RULES FOR PAYMENT.
"(1) The right of a former spouse to have any dispute regarding
his or her claim administratively or judicially determined shall be the
same as those of the participant or annuitant.
"(2) Upon death of a participant or annuitant, the Secretary shall
determine the number of persons, if any, currently or potentially
eligible for a survivor annuity elected by the deceased, and the amount
of each such annuity. These determinations shall be based upon the
terms of the election (s) made by the deceased and any applicable court
order(s). Upon determination of the amount of annuity for each
eligible person under this paragraph, the payments to each shall be
treated as a separate annuity for all purposes, and the death or dis-
qualification of one eligible person shall not operate to increase the
annuity or any other person.
"(3) No payment of survivor annuity shall be made under sections
883 or 884 to a surviving former spouse while such former spouse is
remarried if the remarriage occurred before the former spouse reached
age sixty. Also, unless specifically directed in a court order or pro-
vided in a survivor election under these sections, a former spouse may
not be given title to a survivor annuity if remarried at the time of
retirement, or alternatively, death of the participant. If so directed,
the survivor annuity shall only become effective upon dissolution of
the remarriage.
"(4) Unless otherwise specified in this chapter, annuities payable
under this section to a surviving former spouse shall be calculated,
commence, terminate, be reinstated, and adjusted pursuant to sections
821, 832 and 882.
"(5) Any payment under the terms of this chapter to a person bars
recovery by any other person and any payment under sections 883 or
884 into the registry of a court or in accordance with a preliminary or
final order of a court shall discharge the Secretary and the Government
from further liability for such payment.
"(f) APPLICABILITY.
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Sections 883 and 884 are applicable only to members of the Foreign
Service in active service on or after the date of enactment of this Act.
"SEC. 884. ELECTION OF SPECIAL SURVIVOR ANNUITY.-A participant
who has been divorced and who is able to pass a physical examination
prescribed by the Secretary may make an election for a special annuity
at the time of retirement or, if later, at the time of remarriage of subse-
quent divorce for a surviving spouse and/or qualified former spouse.
The total of all survivor annuities that a participant may elect under
this section may not exceed the maximum survivor annuity the partic-
ipant could elect under section 821(b) without regard to the limitation
in section 883. The annuity of a participant electing a special annuity
under this section shall be reduced in accordance with a table pre-
scribed by the Secretary of the Treasury actuarially determined to
provide a reduction in the participant's annuity in an amount equiva-
lent to the value of the elected special survivor annuity calculated on
the basis of the interest rate used in the most recent valuation of the
System. An annuity reduction shall be effective as of the date of com-
mencement of annuity or the date of divorce, if later. Effective on the
first of the month following.the death or permanent disqualification of
any designated beneficiary under this section when the participant has
not specified that such a beneficiary's share is to be redistributed among
other beneficiaries, the participant's annuity shall be recomputed and
paid as if the annuity had not been so reduced. A participant may spec-
ify that a survivor annuity elected under this section for a beneficiary
who dies or otherwise becomes permanently disqualified prior to the
participant's death shall be paid to another beneficiary or beneficiaries
named under this section. Annuities elected under this section shall
commence, terminate, be discontinued and resumed as prescribed in
section 821 for surviving spouses unless otherwise specified by the
Secretary by regulation. A special annuity elected under this section
shall not be increased under subsection 821 (1) irrespective of the
amount of the annuity."
This proposal would amend title I of H.R. 4674 "Foreign Service
Act of 1979, to add a new section 883 to authorize payments from the
Foreign Service Retirement and Disability Fund to surviving for-
mer spouses of members of the Foreign Service.
Members would be authorized to elect, or a court could order a sur-
vivor annuity for a former spouse who has been married to the mem-
ber for at least ten years during the latter's employment in the For-
eign Service. One reason for imposing this restriction is that the
amendment would -create- a small additional cost to the retirement
Fund and this restriction'will reduce the cost. A second reason is that
the principal justification for this survivor benefit is the limited op-
portunity Foreign Service spouses have to establish independent
careers .or to obtain any. kind of paid employment while serving
abroad with their families. Those who have been married for less than
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ten years to a member of the Foreign Service have not been disad-
vantaged to the same extent as those married for longer periods. Be-
cause of these factors, it is believed the Government is justified in im-
posing this ten-year marriage requirement and the other restrictions
in this area of domestic relations normally left to the jurisdiction of
state governments and state courts.
Section 883 would limit the total annuities payable to all surviving
spouses (including former spouses) of a member to the maximum
authorized by current law for the member's surviving spouse. This
maximum could be divided in a designated way between all such
spouses.
In the event a divorced member remarries and wishes to provide a
larger survivor annuity for the second spouse, or for a second former
spouse, than could be elected under section 883 because of the maximum
limitation, section 884 has been proposed to allow a member to elect
a special survivor annuity in the amount designated by the member
but which must be fully funded by reductions in the member's
annuity actuarially calculated to pay the full cost of the special
annuity.
Sections 883 and 884 would apply only to members in active service
on the date of enactment.
Further details of the proposed new sections 883 and 884 are con-
tained in the following section-by-section analysis.
ANALYSIS OF PROPOSED SECTION 833-SURVIVOR ANNUITY FOR DIVORCED
SPOUSES
Subsection (a)-Definitions
This subsection would define "court", "court order", "divorce", "par-
ticipant," and "election." As used in this section and.section 884, "par-
ticipant" has the meaning given in section 803 and means an active
employee contributing to the Fund, and "former participant" means a
retired employee receiving annuity, or a separated employee with
title to a deferred annuity.
Subsection (b) -Court orders
Paragraph (b) (1) would authorize a court to order payment of a
survivor annuity to an eligible former spouse that this section author-
izes a participant to elect for that person. It is intended to give power
to a court under this section to order any action, and only such action,
with respect to payments from the Foreign Service Retirement and
Disability Fund which the section authorizes a member of the Foreign
Service to elect. Thus in section 883 and in 884, "election for former
spouse" or an equivalent phrase means a voluntary election by a mem-
ber or an award by a court.
This paragraph would also authorize a court to reduce or cancel
an election made by a member for a spouse if this were necessary to
permit an election for former spouse in an amount authorized by this
section. This would permit a court to make an award for a former
spouse under this section, if for any reason such an award is not made
at the time of retirement or divorce.
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Paragraph (b) (2) specifies that court orders will not be effective
until (1) received and determined by the Secretary to be qualified and
(2) notice is given to the participant or annuitant. It is contemplated
that the Secretary by regulation would provide for granting 30 days
notice to an interested party prior to implementation of a qualified
court order. This would permit the participant or annuitant to con-
test the validity of an order and to initiate legal action to have it
changed or dismissed.
This paragraph also specifies four basic conditions an order must
meet in order for it to be determined qualified for purposes of this
section.
Paragraph (b) (3) would make clear that a participant or annuitant
must go back to the issuing court if he or she believes a court order is
not qualified.
Paragraph (b) (4) would require the Secretary to make informa-
tion available to any court of competent jurisdiction concerning the
extent and amount of entitlement of any Foreign Service participant
or annuitant involved in a divorce proceeding. This is intended to fa-
cilitate determination by the courts of appropriate amounts to be
awarded.
Subsection (c)-Survivor annuities
Paragraph (c) (1) would require that a former spouse have been
married to a participant for at least ten years during the latter's em-
ployment in the Foreign Service to be eligible for a survivor annuity
under sections 883 and 884. Employment in the Foreign Service would
include'all periods in a personnel category under the Foreign Service
of the United States.
Paragraph (c) (2) would authorize a member to elect a survivor
annuity for an eligible divorced spouse at the time of the divorce
irrespective of whether the divorce occurs before or after retirement,
or upon completion of a period of recall service under section 324 of
H.R. 4674, on the effective date of the section or when ordered by a
court.
Paragraph (c) (3) establishes an overall limitation on the total sur-
vivor annuities for a spouse and former spouses combined that may
be elected by a participant under this section. The maximum equals
100 percent of the amount that may be elected for a surviving spouse
under section 821. Thus, if an annuitant is to provide a survivor
annuity for more than one spouse, the existing benefit, which is sub-
sidized by the Fund, must be divided among all beneficiaries.
Paragraph (c) (3) also bars the increase of any survivor annuity
elected or limited under this section to the minimum level specified by
section 821 (1) unless such annuity results from an election under this
section dividing the maximum survivor annuity a participant is
authorized to elect under section 821 (b) equally among all of his or
her former spouses and spouse. Subsection 821 (1) is designed to insure
that the survivor annuity left by low-paid and short-service employees
is at least equal to the Social Security minimum survivor annuity. It
would not be equitable to allow an annuitant to purposefully elect a
very low annuity for a spouse or former spouse in order to benefit by
this provision.
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Paragraph (c) (4) specifies how elections may be made under this
section. It would allow a member to elect a full survivor annuity (100
percent of the maximum allowable) for the former spouse. Alterna-
tively, a member could specify that his or her full survivor annuity
be divided equally, or in some specified way among all former spouses
and spouse, if any, eligible at the time of his or her death.
r If a former spouse remarries before age 60, he or she would not be
eligible to receive a survivor benefit under those sections. (This is
comparable with the requirement in section 821 to discontinue a sur-
vivor annuity to a surviving spouse who remarries before age 60.)
However, an annuitant may specify or a court may order that title
to a survivor annuity be granted to a former spouse upon the mem-
ber's death irrespective of remarriage, but provide that payments
would commence only should that marriage be subsequently dissolved.
When such a provision is included in an election, a former spouse
would be potentially qualified for an elected survivor benefit through-
out life. If such a provision is not included in a survivor election, a
former spouse would be permanently disqualified upon remarriage.
Paragraph (c) (5) would require reduction in a member's annuity
for each election made under this section in accordance with the for-
mula in section 821. Once a member's annuity was reduced by 21/2
percent of the first $3,600 specified as the base for a survivor annuity,
the balance of the reduction for all survivor annuities elected and
potentially payable under this section or section 821 would be at the
10 percent rate. Reduction in a member's annuity would be effective
on commencement of the annuity, or date of election if later. If a
member has a former spouse at retirement and does not elect a sur-
vivor benefit either for the former spouse or a current spouse, a sub-
sequent decision by a court awarding a survivor annuity to the former
spouse would require reduction in the member's annuity retroactively
to its effective date. If the member elected a survivor annuity for a
spouse at retirement, and a court subsequently ordered that the sur-
vivor annuity be paid to a former spouse, or split, the member's
annuity would not have to be reduced retroactively.
A member's annuity would be restored or partially restored to its
full value if one or more persons for whom an election was made
under this section became permanently disqualified and no provision
was made to redistribute a disqualified survivor's benefit to a qualified
survivor.
Paragraph (c) (6) makes necessary provisions in the event a retired
member is recalled to active duty in the Service under a little used
provision of the Foreign Service Act, section 324 of the proposed Act.
During a period of recall, the member's annuity is discontinued. If
the recall period lasts between one and five years, the member is
granted a supplemental annuity. If the recall service lasts five years
or longer, the member may elect to have his or her annuity computed
anew under section 821.
Paragraph (c) (6) would bar a former spouse from receiving a
benefit based on recall service of a member that commenced following
his or her divorce from the member, since the former spouse would
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have no connection with that period of service. The one exception to
this rule would occur when there was a recomputation of a member's
entire annuity because of the recall service. In this event a survivor
annuity previously elected for a former spouse would be adjusted in
proportion to the adjustment in the member's annuity.
A qualified former spouse would be entitled under other paragraphs
of this section to a benefit based on recall service in the event the
divorce occurs during or after the recall service.
Subsection (d)-Death in Service
This subsection would authorize payment of a survivor annuity to a
former spouse of a participant who dies in active service (or under
conditions treated as a death in service, e.g., selection-out as provided
by section 643(b) (2)) if an election or court order is on file provid-
ing for such an annuity. Subsection (d) would also limit the survivor
annuity payable to any surviving spouse under section 832 to the
difference between the amount otherwise authorized by that section
and the amount payable to a former spouse under this section.
Subsection (e) General Rules for Payment
Paragraph (e) (1) would give a former spouse the same right to
have a claim administratively or judicially determined as is now pro-
vided for a participant or other annuitant.
Paragraph (e) (2) would require the Secretary, upon the death of
an annuitant or participant, to determine the number of persons eligi-
ble or potentially eligible to share in a survivor annuity, and the
amount of each share under the terms of the survivor election(s) and
any applicable court order(s) on file. If more than one person is eligi-
ble to share in the survivor annuity, the amount payable to each would
be treated as a separate annuity for all purposes and the amount pay-
able to any one would not be affected by the death or current in-
eligibility of any other survivor potentially eligible for an annuity.
Paragraph (e) (3) bars payment of survivor annuity to a former
spouse during periods of remarriage if the remarriage occurred before
age 60, as explained under paragraph (c) (4), above.
Paragraph (e) (4) directs that unless otherwise specified, annuities
authorized by this section shall be calculated, commence, terminate, be
reinstated and adjusted as are other annuities under this chapter pur-
suant to the sections enumerated in this paragraph.
Paragraph (e) (5) states that any payment to a person under sec-
tions 882 and 884 bars recovery by any other person. It also discharges
the Government from any further liability for a payment made into a
registry of a court.
Subsection (f )-Applicability
Sections 883 and 884 are applicable only to members in active serv-
ice on or after the date of enactment of this section.
Analysi8 of proposed section 884-Election of Special Survivor
Annuity
This section would authorize a member who has been divorced to
elect a survivor annuity either to supplement or to provide survivor
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annuities authorized to be elected in section 883. The annuity of a
member making such an election would be reduced by an amount actu-
arially calculated to pay the full cost of the annuity elected.
An election could not be made under this section unless the member
could pass a physical examination at retirement prescribed by the Sec-
retary. Election under this section could only be made on and after re-
tirement and could not become effective if a member died before
retirement.
THE SECERTARY OF STATE,
Washington, April 10, 1980.
The Hon. JAMES M. HANLEY,
Chairman, Committee on Post Office and Civil Services, House Of
Representatives.
DEAR MR. CHAIRMAN : I was pleased to learn that the Committee
has scheduled the deferred markup of the proposed new Foreign
Service Action April 23. I wanted you to know of the importance
which the President and I attach to the early passage of this new
charter for the Foreign Service.
The Foreign Service is confronted by dramatically different and
more difficult circumstances than prevailed a third of a century ago
when a current Foreign Service Act was passed. The Service must
adapt to these new conditions if it is to meet new responsibilities, now
and in the years ahead. This bill, I strongly believe, is the instrument
which will allow it to do so. In view of the crowded Congressional
schedule. I am concerned that any further delay might jeopardize
final passage this session, and an important opportunity would be lost.
An enormous effort, beginning more than 3 years ago, has been
made to develop this bill, in which I have personally participated
extensively. Over the last year, the Congress and in particular mem-
bers and staff of the Schroeder and Fascell subcommittee have joined
in this effort, and have made major contributions to our common goal
of placing the Foreign Service on a sound footing for the future, and
one which is consistent with the reform of the overall government per-
sonnel system in which your Committee played a primary role in 1978,
John White has already written to you about the issue of pay com-
parability. There are one or two other issues of any significance, reflect-
ing the excellent cooperation between the two subcommittees, and all
remaining issues are, I think quite manageable. The full Foreign
Affairs Committee made only minor changes in the bill agreed to by
the subcommittee, and I hope the same will be possible in the Post
Office and Civil Service Committee.
My colleagues and I stand ready to work with you and the members
of the Committee on any issues where you would like us to assist. If
it would be helpful, I would be pleased to meet with you to discuss the
bill prior to the April 23 markup.
Sincerely,
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148
CHANGES 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."
[PART B-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-
E(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
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[(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;
EM "Government" means the Government of the United
States of America;
EM "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
[ (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-OFFZcERs
[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.
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150
[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.
[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
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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
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
actor ance 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;
E(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
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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 II; 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
per 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
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 WHICH 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.
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, [(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
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
$28039'
$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
14,913
15,394
15,875
16,356
16,837
17,318
17,799
18,280
18
761
Class 4......
11,918
12,315
12,712
13,109
13,506
13,903
14,300
14,697
15,094
,
15,491
Class 5......
10,692
11,048
11,404
11,760
12,116
12,472
12,828
13,184
13,540
13,897
Class6 ------
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
,
186
11
Class8 ......
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
995
8
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 at lower rates than those prescribed by this section, for Amer-
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
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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 DAFFAIRES 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
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
[CHIEFS OF MISSION
[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
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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
ISEO. 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.
[(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
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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
1949, 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.
[(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.
.I (c) (1) The head of any agency of the United States, including
any agency of the legislative or judicial branch of the United States,
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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 VIII
alien which is compensable under this subsection shall be considered
for purposes of any 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-
[(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,
United States Code, unless the individual was employed by the
United States Government at the time of his or her imprisonment.
[ (2) No compensation 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
Ak 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.
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[EXEMPTION FROM THE APPLICATION OF THE 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.
[TITLE 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
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
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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 with the names of Foreign 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.
[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. 513. 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-
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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.
.[CITIZENSHIP 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-
ice as Foreign Service Reserve officers of class 7 or 8. 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-
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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 be 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 age, 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
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.
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[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-
[ (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 in the
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
from one 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
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-
par..able importance shall be provided to permit Reserve officers to carry
out their duties effectively.
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[BENEFITS
[SEC. 526. A Reserve officer shall, except as otherwise provided in
regulations which the Secretary may prescribe, receive all the allow-
ances, privileges, and benefits which Foreign Service officers are en-
titled to receive in accordance with the provisions of title IX.
[REAPPOINTMENT OR REASSIGNMENT OF RESERVE OFFICERS
[SEC. 527. A person who has served as a Reserve officer may not be
reappointed or reassigned to active duty until the expiration of a
period of time equal to his preceding tour of duty or until the expira-
tion of a year, whichever is the shorter.
[REINSTATEMENT 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 agency by which he is
regularly employed in the same position he occupied at the time of
assignment, 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 he is regularly employed under the Classification Act of 1949,
as amended, or any corresponding provision of law applicable to the
position in which he is serving. A certificate of the Secretary that
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 advancements.
[PART D-FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
[APPOINTMENTS
[SEC. 531. The Secretary may, under such regulations as he may
prescribe, appoint staff officers and employees on the basis of qualifica-
tions 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
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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
[SEG. 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.
[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
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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.
[(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
terms of this section shall be paid from appropriations made avail-
able for the payment of salaries of officers and employees of the Serv-
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.
[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-
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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, SCIENTIFIC, 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.
[(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).
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[(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 States; 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
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--
E(1) "Efficiency record" is the term which describes those materials
considered by the Director General to be pertinent to the prepara-
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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.
[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
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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-
forfnance 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.
[(c) The Secretary may, in special circumstances which shall be set
y 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.
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[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 adj ustinent or combination of adjustments-
C(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.
[ (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
and geographic area specializations and to pursue such specializations
for a substantial part of their careers. Such specialization shall not
in any way inhibit or prejudice the orderly advancement through class
1 of any such officer in the Foreign Service.
[PART D-SEPARATION OF OFFICERS AND EMPLOYEES FROM THE
SERVICE
[FOREIGN SERVICE OFFICERS WHO ARE CAREER AMBASSADORS
[SEC. 631. Any Foreign Service officer who is a career ambassador,
other than one occupying a position as chief of mission or any other
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position to which appointed by the President, by and with the advice
and consent of the Senate, shall be retired from the Service at the end
of the month in which the officer reaches age sixty-five and receive
retirement benefits in accordance with the provisions of section 821,
but whenever the Secretary shall determine it to be in the public
interest, such an officer may be retained on active service for a period
not to exceed five years. Any such officer who completes a period of
authorized service after reaching age sixty-five shall be retired at the
end of the month in which such service is completed.
[PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY
SYSTEM WHO ARE NOT CAREER AMBASSADORS
[SEC. 632. Any participant in the Foreign Service Retirement and
Disability System, other than one occupying a position as chief of
mission or any other position to which appointed by the President,
by and with the advice and consent of the Senate, who is not a career
ambassador shall be retired from the Service at the end of the month
in which the participant reaches age sixty and receive retirement
benefits in accordance with the provisions of section 821, but whenever
the Secretary shall determine it to be in the public interest, such
a participant may be retained on active service for a period not to
exceed five years. Any such participant who completes a period of
authorized service after reaching age sixty shall be retired at the end
of the month in which such service is completed.
[SELECTION-OUT
[SEC. 633. (a) The Secretary shall prescribe regulations concern-
ing-
[(1) 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 any such officer must
maintain to remain in the Service.
[(b) Any Foreign Service officer below the class of career minister
who does not receive a promotion to a higher class within the specified
period or who fails to meet the standard of performance required of
officers of his class shall be retired from the Service and receive bene-
fits in accordance with the provisions of section 634.
[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
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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 made 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.
[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,
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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 lieu 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 he 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.
[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.
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[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.
[WITIIIN-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.
[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.
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[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 Offi-
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.
[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
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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 sub' eot to the
control of the Department of State, United States Information
!g ency, or the Agency for International Development (thereafter
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-
mg 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, eirror, 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
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;
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[(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 law 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-
j ect 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.
[ (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-
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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.
[(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.
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[(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 pending 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
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.
[(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-
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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-
ommendation, 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 itpon approval of the
board.
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181
[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 th,e 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.
r(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
rSEC. 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-
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 DIITIE8
.[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
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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 the
proper administration of the Institute.
[AID TO NONPROFIT INSTIT TTIONS
[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.
A11-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
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
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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, pay the 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 amount actually expended for
necessary costs incurred in conjunction with such attendance, and in
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.
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184
[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
ESEC. 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.
[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
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annuitant for at least two years 1 immediately preceding his or
her death or is the parent of a child born of the marriage.
r(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 not 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.
1(5) "Military and naval service" means honorable active
service-
(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
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-
an[ (A) the investments of the Fund calculated at par value;
d
[(B) the cash balance of the Fund on the books of the
Treasury.
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186
[(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
E (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.
[AUTHORITY TO MAINTAIN EXISTING 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
son Jan. 7, 1977, the President exercised his authority under this section by issuing
Executive Order 11952 (42 F.R. 2293). Such Executive Order was revoked by Executive
Order 12145 of July 18, 1979 (44 F.A. 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).
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
(Continued)
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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 toe Foreign Service retirement and Disauility System. Those laws are set
forth at Annex 1, attached hereto and mace 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 tor being interned or otherwise detained during World War 11,
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 be 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."
(b) The amendment made by paragraph (a) above shall apply with respect to survivor
elections received by the Secretary on or after October 1, 1978.
1-108. (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.
1-110. In accord with subsection (c) and (d) of Section 2 of Public Law 95-382, 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
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. 11952 of January 7, 1977, have
been incorporated into this Order or its Annexes, Executive Order No. 11952 is revoked.
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
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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 II of the 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 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.), 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 under 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 prior to October 20, 1969, is increased by $240.00.
821-202. In lieu of any increase based on an increase under 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, 1974, 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. Reeomputation of Annuities for Nonmarried 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 prior provision of law
shall, for each full month during which a retired participant is not married (or is remar-
ried if there is no election in effect tinder the following sentence), be recomputed and paid
as if the annuity 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 allowing 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
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
(Continued)
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[(b) 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-
[(1) all provisions of law enacted prior to the effective date of
the provision of such Executive order, and
[(2) any prior provision of an Executive order issued under
authority of this section.
[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.
(Continued)
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.
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, Fifty-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-
Mug on December 7, 1941, and ending on December 31, 1946.
8o1-103. 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 his
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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[(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
baeio salary
From July 1, 1924, to October 15, 1960, inclusive__________________
5
From October 16, 1960, to December 31, 1969, Inclusive ------------
6%
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
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
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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?
[(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 ANNUrrIES
[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 21/2 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
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
See footnote 2 on page 186.
See footnote 2 on page 186.
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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 (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
eligible children 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 equal 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.
[(u) An annuitant who was unmarried at retirement and who later
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-
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putation 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.
[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,
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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 N
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.
[(c) If a recovered disability annuitant whose annuity is discon-
tinued is for any reason not reinstated or reanpninted 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
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-
taneous`l'y receive both an annuity under this section and scheduled
disability payments under section 8107 of title 5, United States Code.
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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 lump-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-
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.
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[(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.
[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
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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 aid 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 :
E(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-
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
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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
ISEC. 851.11 (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 8332 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
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
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199
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
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
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443, as amended, for such service performed subsequent to the date of
enactment of the Foreign Service Act Amendments of 1955.
ERECOMPUTATION 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 G-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 shall 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. 864.8 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).
[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
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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
4 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 LIABILrry 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 1977; 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
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 annuitan t'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
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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 the Federal 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 or former 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
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
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[(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-
tions to the Fund. In the case of death, the account shall be paid in the
order 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-6, 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
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
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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.
[(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
annuit 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
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
_.i119
[GENERAL PROVISIONS
[SEC. 911. The Secretary may, under such regulations as he shall
prescribe, pay-
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[(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
front 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 for not to.exceed three months after arrival at
the new post, or until the establishment of residence quarters,
whichever 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
for a period not to exceed three months, his furniture and house-
hold and personal effects; not in no instance shall the weight or
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;
[(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
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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;
[Q0) 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
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
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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
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
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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
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
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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
.nay 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
regulations as he 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
:ae 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
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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.
[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.
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[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.
[PART B-BONDS
[SEC. 1011. Every secretary, consul general, consul, vice consul,
Foreign Service officer, and Foreign 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
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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
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.
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[(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 in
liquidated by the S ecre tary, and the proceeds thereof deposited
with the Secretary of the Treas ury, 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.
[PART E-DELEGATION OF ADTHORrrY
[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 :
V (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."
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[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, 1946
[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-
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.
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[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
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
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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 Bode 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 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-
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
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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.
[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 :
[(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 minimum 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 he holds
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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 he 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 carper minister shall,
during the first year after the effective date of this Act, be manda-
torily retired for age 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
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.
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219
[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
[REPEAL 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 (eh. 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, Public 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-
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 (dh.
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).
E (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).
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[ (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).
[(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).
[(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
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
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section ~ 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. 8071), 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"
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
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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).
k(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
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
St ,qt. 1213) (22 U.S.C. 22).
[(46) Section 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).
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[(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).
[(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).
[(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 amens led 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).
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[(62) Section 4 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U. .C.23d).
[(63) Section 5 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U. .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).
1x[(66) Section 1 of the Act of May 3, 1945 (59 Stat. 102) (22 U.S.C.
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
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.]
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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.
* * * * * * *
[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.
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[(c) A death gratuity payment under this section shall be made as
follows :
[(1) First, to the widow or widower.
[(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-
[(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 1946;
[(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
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)
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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 ()
except income made available for expenditure under subsection (d)
,s) ), 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
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 by the Secretary of State whenever in the
judgment of the Secretary of State the purposes of the gift will be
served thereby. The Secretary of State may insure any property held
under 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.
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(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 see-
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. 26. 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.
SEc. 25. 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 f unds 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
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(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 o f 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 o f clinical studies or investi-
gations, while in the exercise of his or her duties in or for the Depart-
mzent 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, ppharmacist, 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
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
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, 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,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 as-
serted in such civil action or proceeding in the manner provided in
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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 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,
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 o f 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
per orming the service.
Ec. 31. (a) The Secretary of State may authorize and assist in the
establishment, maintenance, and operation by civilian o fficers 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
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.
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(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.
SEC. 32. The Secretary of State may pay, without regard to section
5702 of title 5, United States Code, subsistence expenses Of (1) security
officers of the Department of State who are on authorize 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".
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 the 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
(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 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.
(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. 73b-75), the Act of December 23,1944,
chapter 716, section 1, as amended (31 U.S.C. 492a), section 5584
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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 eft seq.)] which are not
authorized to utilize the Foreign Service 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 Act 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
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 under this paragraph
shall be for a period of more 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
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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) In order to employ such individuals as may be necessary to per-
form duties that reasonably require availability for worldwide assign-
ment, the President may utilize such authority contained in the Foreign
Service Act of 1980 relating to members of the Foreign Service and
other United States Government officers and employees as the Presi-
dent 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 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 in accordance with
such regulations as the President Hazy prescribe.
(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
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(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 stiand-
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
expenses and per diem in lieu of subsistence and other expense at the
applicable rate prescribed in the Standardized Government Travel
Regulations, as amended from time to time, while so employed : Pro-
vided, That contracts for such employment may be renewed annually.
(b) Service of an individual as a member of the Council authorized
to be established by section 12 of this Act or as an expert or consultant
under subsection (a) of this section shall not be considered as employ-
ment or holding of office or position bringing 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 824 of the Foreign Service Act of 1980, or any other law limit-
ing the reemployment of retired officers or employees or governing the
simultaneous receipt of compensation and retired pay or annuities.
subject to section 5532 of title 5, United States Code.
DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS AND INTERNATIONAL
ORGANIZATIONS
SEC. 14. (a) In furtherance of the purposes of this Act, the head
of any agency of the United States Government is authorized to de-
tail, assign, or otherwise make available any officer or employee of his
agency (1) to serve with, or as a member of, the international staff of
any international organization, or (2) to any office or position to which
no compensation is attached with any foreign government or agency
thereof : Provided, That such acceptance of such office or position shall
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in no case involve the taking of an oath of allegiance to another
government.
(b) Any such officer or employee, while so detailed or assigned, 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 authorized
by this Act. He may also receive, under such regulations as the Presi-
dent may prescribe, representation allowances similar to those allowed
under [section 901 of the Foreign Service Act of 1946 (22 U.S.C.
1131) ] section 905 of the Foreign Service Act of 1980. The authoriza-
tion of such allowances and other benefits, and the payment thereof
out of any appropriations available therefor, shall be considered as
meeting all of the requirements of section 5536 of title 5, United States
Code.
* * * * *
SEC. 15. (a) Funds made available for the purposes of this Act may
be used for compensation, allowances and travel of employees, includ-
ing members of the Foreign Service [personnel] whose services are
utilized primarily for the purposes of this Act, for printing and bind-
ing without regard to the provisions of any other law, and for expendi-
tures outside the United States for the procurement of supplies and
services and for other administrative and operating purposes (other
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.
* * * * * *
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-
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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 ?ervice 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 may authorize the employment or assignment of officers or em-
ployees by agencies of the United States Government which are not
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-
aagnment 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.]
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[(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 mission, class 2, within the mean-
ing of the Foreign Service Act of 1946, as amended.
[(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.
[(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 mandatorily 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
* Subsection (k) repeal efrective Jan. 1, 1982.
59-413 0 - 80 - 16
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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 retire-
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 subsection (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 DETAILED.-(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
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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
succe%*w committee thereto of the Organization for Economic Coop-
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
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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.]
FOREIGN SERVICE PERSONNEL
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
(L) 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.
USE OF FUNDS
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
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-
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E(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 :
["(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.".
[(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
[Svc. 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
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[(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 Secretary 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
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.]
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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.]
[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.
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[(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
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-
sional Record each such report. As used in this section, the term "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 America 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-
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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-
bilities assigned to the Agency.
[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.
[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.
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[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 careerambassadors, 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.
[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
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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
any other law, which apply to Foreign Service officers, Foreign Service
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.
E(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
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248
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.
[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.
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Beginning on the date of enactment of this Act, any Reserve officer
referred to in the preceding sentence shall be mandatorily retired for
age 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".
[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.
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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,
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 Revre.centatives of the
United States of America in Congress assembled, That (a) the an-
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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 1, 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: 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. 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-
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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
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
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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 t e 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-
$2,400; or
((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.
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[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 :
[(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.
[4'(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 $4y800 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-
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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
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."]
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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.
[SEC. 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.
[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 increases but 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' Compensaition 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.]
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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
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 403 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
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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)] 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).
* * * * *
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.
* * * * * *
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 402 of the Foreign Service Act of 1980, or pro-
vided for Foreign Service officers 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-
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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
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
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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
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
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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 [b Chiefs of Mission] under the
Foreign Service Act of 1980 by chie fs 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-
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;] 1980; 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
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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
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).]
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(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-
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 at 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;
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(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-
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.
(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.
THE ACT OF AUGUST 28, 1954
AN ACT To provide for greater stability in agriculture ; to augment the market-
ing and disposal of agricultural products; and for other purposes.
TITLE VI-AGRICULTURAL ATTACHES
Subtitle B-United States Agricultural Trade Offices
SEC. 605A. (a)
* * * * * *
(h) Upon the request of the Secretary of Agriculture, the Secre-
tary of State shall request for Agricultural Trade Officers and per-
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265
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).
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 1.980 or any other provision of law, and
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
COST-OF-LIVING ALLOWANCES AND POST DIFFERENTIAL
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.S.C.
1131(2))] section 5924 of title 5, United States Code, and
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(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
* * *
PART III-ITEMS SPECIFICALLY EXCLUDED FROM
GROSS INCOME
* * *
SEC. 104. COMPENSATION FOR INJURIES OR SICKNESS.
(a) IN GENERAL.-E%Cept 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.
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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.-* * *
* * * * * * *
(1) OTHER CROSS REFERENCES.-
(1) For charitable contributions of estate and trusts, see section
642(c).
(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 :
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(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
PART IV-TAXABLE ESTATE
* *
SEC. 2055. TRANSFERS FOR PUBLIC, CHARITABLE, AND RELIGIOUS
USES.
(a) IN GENERAL.- * *
* * * * *
*
(f) CROSS REFERENCES.-
(1)
[(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
APPLICATION OF FEDERAL LAW
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
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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.
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 for 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.
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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).
(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
de endents requiring hospitalization).
(p6) 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
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CHAPTER 33-EXAMINATION, SELECTION, AND
PLACEMENT
SUBCHAPTER I-EXAMINATION, CERTIFICATION,
AND APPOINTMENT
* r m a a a *
? 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.
(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
SUBCHAPTER I-RETENTION PREFERENCE
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
3551. Restoration; Reserves and National Guardsmen.
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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.
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 01 the Foreign Service Act of 1980 is entitled, upon
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
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.
* * * * * * *
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;
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(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;
SUBCHAPTER I-PAY COMPARABILITY SYSTEM
? 5301. Policy
(a) ***
*
(c) For the purpose of this subchapter, "statutory pay system"
means a pay system under-
(1) subchapter III of this chapter, relating to the General
Schedule; or
[(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.
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? 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 o
title 38 re'ating 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-
formance and providing for properly relating supervisory pay
rates paid under one system to those of subordinates paid under
another system.
SUBCHAPTER II-EXECUTIVE SCHEDULE PAY RATES
? 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
A ency.
Director of the United States Information Agency.
Director of Central Intelligence.
Secretary of the Air Force.
Secretary of the Army.
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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-
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 offically 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.
a * * * * * 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) -
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[(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) of 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-
mines necessary to offset the direct added expenses incident to the
[evacuation] departure.
* * * * s s
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;
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(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;
(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-
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
? 5595. Severance pay
(a) For the purpose of this section-
(1) ***
* * * * * * *
(2) "employee" means-
(A) an individual employed in or under an agency; and
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(B) an individual employed by a county committee estab-
lished under section 590h(b) of title 16;
but does not include-
(i) ***
* * * * * * *
(vi) an employee who, at the time of separation from the
service, is entitled to receive benefits under section 609 (b) (1)
of the Foreign Service Act of 1980 or any other severance pay
from the Government;
? 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-
(s) 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
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-suin 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.
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(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 1.980, "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-223 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
403e (4) of title 50.
* * * * * * *
SUBCHAPTER I-UNIFORMS
Sec.
5901. Uniform allowances.
5902. Increase in maximum uniform allowance.
5903. Regulations.
SUBCHAPTER II-QUARTERS
5911. Quarters and facilities ; employees in the United States.
5912. Quarters in Government owned or rented buildings; employees in foreign
cowntries.
5913. Official residence expenses.
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SUBCHAPTER III-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
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
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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] 8 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 colle 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;
?L may be paid periodically or in a lump sum; and
3) may not exceed 15 percent of the rate of basic pay of that
emp yee for the period served under that assignment.
? 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
8 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
epart
D ment 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 96-132 inserted "the Department of Justice,"
after "the International Communication Agency,".
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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 6&-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;
(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~oficer 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
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283
(xiii) an officer in the legislative or judicial branch who is
appointed by the President. $ the temm
i) o f paragraph ~)
Notwithstanding clauses (x)-(an
"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
10 Act of 1980.
s ?
? 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.
s * * * *
(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.
Subpart F-Labor-Management and Employee Relations
CHAPTER 71-LABOR-MANAGEMENT RELATIONS
? * * * * ?
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284
SUBCHAPTER I-GENERAL PROVISIONS
? 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 Commnerce ; or
(v) any person who participates in a strike in violation
of section 7311 of this title;
* * * ? ?
CHAPTER 83-RETIREMENT
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-
nuity 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-
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;
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(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
* * * * * * *
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-
vvided under section 609(b) (1) of the Foreign Service Act
of 1980;
* * * * * * *
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SUPPLEMENTAL VIEWS OF REPRESENTATIVE
SCHROEDER
H.R. 6790, as reported by Subcommittee, provides a far better
method of providing pension benefits to former spouses of members
of the Foreign Service than does the bill reported from the full Post
Office and Civil Service Committee. In adopting the amendment of-
fered by Mr. Ford of Michigan, by a vote of 11 to 10, the Committee
weakened the mechanism for providing retirement security for former
spouses. At the same time, however, the Committee affirmed the basic
policy that pension benefits should be split at the time of divorce,
based on the equity of the situation.
The need to provide pension benefits to former spouses of members
of the Foreign Service was clearly spelled out in the hearings held on
the Foreign Service Act. First, there is a general need to provide
these benefits to the spouses of all Federal employees. In the private
sector, most employees are required to participate in the Social Se-
curity system. Non-working spouses gain retirement benefits, based
on the contributions of their working- spouses. In the Federal sector,
Social Security is not mandatory and the retirement systems for Fed-
eral workers do not provide retirement benefits for spouses. Hence,
in traditional role model families, i.e., where the husband works for
a salary and the wife works for free in the house, a death of the hus-
band or a divorce could leave the wife penniless.
Second, the nature of the Foreign Service makes this need far more
acute. All members of the Foreign Service are subject to frequent and
continual rotation throughout their careers. The spouse has no oppor-
tunity to build an independent career, if he or she accompanies the
member of the Service. Following death or divorce, the spouse has
insufficient work experience to find a job, no retirement benefits in his
or her own right, and no right to a portion of the benefits of the mem-
ber of the Service.
Third, wives of Foreign Service officers have a special claim to this
protection. Up until recently, wives of Foreign Service officers were
rated on their husband's evaluation report on their performance of
representational duties. In effect, Foreign Service wives were im-
pressed into service as unpaid representatives of the United States
Government. This tradition of unpaid service continues, although the
appraisals are no longer officially made.
The need is clear; the size of the problem is growing. No-fault
divorce produces over a million divorces a year, nationwide. The ease
with which these divorces can be achieved has left thousands of women
without adequate economic protection. Indeed, only 5 percent of di-
vorcees over aged 30 receive alimony and the mean level of child
support received is a puny $2,430 per year.
H.R. 6790, as reported by Subcommittee, provided for a pro-rata
division of retirement and survivor's benefits, based on the number of
(286)
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years of marriage, between the member of the Foreign Service and
the former spouse. This pro-rata division was a presumption, subject
to affirmation, modification, or vitiation by the state family law court.
The bill gave the current spouse and former spouses of over 10 years
a right to sign off before the participant waived all survivor's benefits.
Also, former spouses of all participants in the Foreign Service retire-
ment system, whether active duty or retired, would be able to use this
law.
The Ford amendment changes these provisions. Rather than estab-
lishing a presumption for division, the Ford amendment merely per-
mits courts to divide both retirement and survivor's 'benefits without
any Federal guidance. In a world of universally competent judges and
well-informed domestic relations lawyers, the presumption for pro-
rata distribution would be unnecessary. Recent experience with re-
forms in divorce law makes it very clear that self-executing legislation,
such as this pro-rata distribution presumption, is essential to assure
that the law is followed.
The Ford amendment also eliminates the right of a current former
spouse to sign off on a waiver of survivor's benefits. By so doing, the
Ford amendment may render the supposed ability of a former spouse
to share in survivor's benefits a hollow right. Under the Ford amend-
ment, the member of the Foreign Service retains the unilateral right to
cut off whatever share of survivor's benefits a spouse may have thought
he or she had.
Additionally, the Ford amendment only applies to future divorces
and future retirements. This leaves numerous former spouses of For-
eign Service officers destitute. By using this effective date, the Ford
amendment cuts off from benefits those already divorced.
The Ford amendment also does not remove the prohibition on a For-
eign Service retiree assigning his or her survivor's benefits to a former
spouse. H.R. 6790 permitted this freedom of choice to the retiree.
The most important point is that both H.R. 6790, as reported by
Subcommittee, and the bill as reported from full committee adopt the
policy that retiremetit and survivor's benefits should be split between
the member of the Foreign Service and his or her spouse, based on the
equity of the situation. The language in the Subcommittee bill is a far
more effective way of accomplishing that policy than is fhe Ford
amendment.
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SUPPLEMENTAL VIEWS OF HON. JIM LEACH
By consolidating existing legislation pertaining to the Foreign Serv-
ice and making several important improvements, H.R. 6790 provides
a significant personnel and management framework for the foreign
affairs agencies as we enter the decade of the 1980's. It ends the con-
fusion caused by the present multiple personnel systems utilized by
the foreign affairs agencies by requiring that virtually all American
employees choose either the Civil Service or, if they are available for
worldwide assignments, the Foreign Service.
The bill enhances the objective of upward mobility in the Foreign
Service by (1) requiring the Secretary to base promotion into and re-
tension in the Senior Foreign Service upon systematic long-term pro-
jections of personnel flows and needs which take into account a reg-
ular, predictable flow of talent upward and (2) providing authority
to the Secretary to establish a maximum time in class period of at least
3 years for career members of the Senior Foreign Service following the
expiration of which they may continue to serve only under limited ex-
tension of their career appointments which do not exceed 5 years. This
significant management tool, if properly and wisely administered,
should help relieve the impaction problem which has impeded upward
flow in the Foreign Service in recent years without jeopardizing the
ability of highly-skilled and experienced officers who chose to compete
in the Senior Foreign Service to continue to serve in positions of in-
creasing responsibility.
An area in which the bill could be strengthened would be the statu-
tory establishment of an Advisory Commission on Ambassadorial Ap-
pointments. The purpose of such a commission would be to advise the
President on the qualifications of potential nominees for appointment
as chief of mission. It would also be required, in the case of a nominee
who is not a career member of the Foreign Service, to provide the Sen-
ate Foreign Relations Committee with a written report regarding the
qualifications of the nominee to perform the duties of chief of mission
at the particular mission involved. Dissenting or additional views of
any member of the commission could be included. The commission
would consist of a chairperson and 14 other members appointed by the
President from among individuals who are not government employees
and who are broadly representative of the American people. It should
include at least two former chiefs of mission who are retired career
members of the Foreign Service.
The present Administration established, by Evecutive Order 11920
dated February 5, 1977, a Presidential Advisory Board on Ambassa-
dorial Appointments. The purpose of the Board is "to provide recom-
mendations to the President and to the Secretary of State on the quali-
fications of individuals whose names have been submitted to the Board
as prospective nominees for an ambassadorial post for which non-
career members are being considered."
(288)
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The existing Board is a notable step forward in establishing an or-
derly mechanism for screening the many non-career individuals who
seek an ambassadorial appointment. Establishing an Advisory Com-
mission on Ambassadorial Appointments statutorily in H.R. 6790
would recognize the importance of the present Board and would in-
dicate the importance that the Congress attaches to the appointment
of qualified individuals to ambassadorial positions. In the past there
have been too many instances when clearly unqualified individuals
were, for domestic political reasons, nominated to serve as American
Ambasadors. Certainly, the great majority of non-career ambassadors
have been highly qualified individuals who have served our nation's
foreign policy well. But to avoid in the future the mistakes of the
past, it is important that incentives be created to enhance the prospect
that only qualified individuals represent our country as Ambassadors.
A statutorily established advisory commission would assure the sur-
vival and improve the workings of the existing Board without in any
way interfering with the President's constitutional authority to nom-
inate ambassadors.
A second area in which H.R. 6790 could be improved relates to the
uniform application of the personnel authorities in the legislation
by the various agencies which may utilize the Act, especially with re-
spect to the Senior Foreign Service. The Departments of State, Com-
merce and Agriculture and ICA and AID are authorized by the bill
to utilize the Foreign Service personnel system for employees avail-
able for worldwide service. The bill, however, fails to insure that the
manner in which these agencies use this authority will be consistent
and uniform. Sections 203 and 204 contain language which represents
the maximum regarding compatibility and uniform administration of
personnel policies which the concerned agencies were able to negotiate
among themselves.
Compatibility of personnel policies is particularly important for the
Senior Foreign Service in order to ensure that the national interest
and not the parochial interests of individual agencies is served. The
SFS in each agency will constitute a corps of highly qualified and
experienced officers within the agency. Yet the language presently in
H.R. 6790 runs the risk of each agency establishing its own criteria
for admission into the SFS, performance pay, and promotion and re-
tention in the SFS. Rather than establishing a system in which the
very best executive talents can be encouraged and drawn upon by all
agencies, it is virtually certain that the bill will result in no change
in the present situation of minimal interchange of senior executives
among the foreign affairs agencies. Failure to establish a single Senior
Foreign Service in this legislation would represent a serious missed
opportunity to make a timely innovation in the administration of the
Foreign Service.
This deficiency could be remedied by adopting language designed
to promote interagency transfer of members of the Senior Foreign
(Service by requiring (1) a uniform set of regulations affecting
standards for evaluation of individuals with respect to promotion
into and within the SFS, performance pay, classification of positions,
retirement based on relative performance and precepts to be employed
by evaluation broads; and (2) a single set of rules governing the
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length of the trial period of a SFS career candidate, the period in
which a member of the Foreign Service may be considered for promo-
tion into the SFS, and time in class. It is believed that the application
of more uniform standards will aid transferability of members of the
SFS by assuring each agency that SFS members of a particular class
have comparable qualifications and experience.
It would not be necessary to affect the authority of the heads of the
individual agencies to make decision's regarding the implementation
of the law or regulation. Agency heads could retain final control over
which individuals are promoted, which receive performance pay, the
size of performance pay, who is employed by that agency and similar
matters. Assignments would reflect agreement between the parent
agency, the receiving agency, and the individual.
In order to assure uniformity in the rules applicable to the Senior
Foreign Service, the Secretary of State should be given authority,
after interagency consultation, to promulgate regulations, specify time
limits, and establish precepts relating to various aspects of the Senior
Foreign Service.
The idea of a single set of rules for the Senior Foreign Service would
assure much greater uniformity within the Senior Foreign Service than
is presently possible under H.R. 6790. More uniform standards would
stimulate a freer flow of senior personnel among the foreign affairs
agencies. It would assure each agency that a member of the Senior
Foreign Service who has attained a particular rank has had appro-
priate experience and has been subject to standards applied to all
SFS members of the same rank.
Increased exchange of personnel would also benefit members of the
Senior Foreign Service, by providing an opportunity for career ex-
periences broader than that available if 'service is confined to a single
agency. By making it clear that a talented officer may rise to such
senior positions as chief of mission no matter in what agency he begins
his career, it should encourage better quality applicants in all fields
and not give the Department of State a corner on the market of would-
be ambassadorial talent.
Under this proposal the Secretary of State would not have classi-
fication or assignment authority over other agency personnel. No
agency would be required to assign an officer to another agency against
the wishes of the officer of the parent agency. No agency would be
required to take an officer it considered unacceptable. Agency heads
would retain final control over which individuals are promoted, which
receive performance pay, and the size of performance pay awards
A serious-but unsuccessful-effort was undertaken to amend H.R.
6790 to improve uniformity among the agencies in administering the
Senior Foreign Service. It is regrettable that the Administration was
not sufficiently far-sighted to support these amendments. Rather than
speaking with a single, authoritative voice, the Administration acqui-
esced in AID, ICA, Agriculture and Commerce opposing this pro-
gressive change. These agencies, however, have formally undertaken
to move toward maximum feasible compatibility in administerng the
Senior Foreign Service. In its oversight role, the Congress should pay
special attention to seeing that this commitment is honored.
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Finally, Foreign Service staff employees deserve greater recognition
for their work abroad. They spend most of their careers in foreign
posts and perform under conditions quite different from Civil Service
employees with comparable job descriptions. For example, unlike in
the Civil Service, a Foreign Service secretary or communicator is ex-
pected to be a representative of our country abroad, to be on good
behavior outside the office, to be on call to work extra hours, to pass
security and medical clearances, to move every two or three years, to
learn foreign languages, to be able to adapt to foreign environments,
to work successfully in conditions of isolation, climatic extremes,
political or cultural hostility and, as we have seen in Tehran, to risk
being taken hostage by terrorist groups. Recent difficulties which the
State Department has encountered in filling secretarial and communi-
cator vacancies are worrisome. It is therefore incumbent on the Con-
gress and the Administration to pay increased attention to the prob-
lems of Foreign Service staff employees, taking fully into account the
demanding and relatively unique overseas factors which they face
during their careers.
JIM L ,cn,
Member of Congre88.
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SUPPLEMENTAL VIEWS ON H.R. 6790, FOREIGN SERVICE
ACT OF 1980
The Foreign Service Act of 1980, H.R. 6790, as reported by the
Committee on Post Office and Civil Service is a basically sound and
progressive legislative package to improve the foreign service person-
nel system.
Nevertheless, it is not without its blemishes.
To further perfect this legislation we suggest and support three
amendments which will strengthen the bill and provide management
with the means and flexibility to properly administer the Foreign
Service.
? First, we recommend an amendment to cut $19 million from the
projected first year payroll costs under the bill as reported. An amend-
ment is needed to restore to the President the authority to administra-
tively establish the proper linkage between the Foreign Service pay
schedule and the General Schedule under the pay comparability
process. The bill as presently written is at odds with sound pay com-
parability practices and would create an unreasonable imbalance be-
tween the two pay systems, in addition to burdening the American
taxpayer with unnecessary payroll costs.
Second, an amendment to remove an unwarranted restraint on man-
agement in dealing with the important issue of extending limited
career appointments of Foreign Service officers. As written, the bill
would permit the extension of an expired term only when recom-
mended by a selection board. In practice, it is necessary for the Secre-
tary of State to base his judgment for retention of an officer on many
factors, among which would be the views of the selection board. This
provision in the bill needs to be corrected to avoid having the tail wag
the dog.
Third, we recommend an amendment to restore to the Peace Corps
its traditional and well-tested authority to appoint headquarters staff
under the Foreign Service system, regardless of their world-wide
availability. To require that the Peace Corps be split into General
Schedule and Foreign Service appointments is impractical with such
a small workforce. The Peace Corps was established as an agency in
which employees serve a limited term without the prospect of job
security. The agency has emphatically stated it desires to continue to
operate as originally planned by the Congress.
For these reasons, adoption of these amendments is in the best inter-
est of the Foreign Service.
The Foreign Service, as has been especially exemplified in recent
years, is of critical importance in the execution of our foreign policy.
Therefore, it is incumbent upon the House to act promptly in approv-
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293
ing this newly revamped personnel system which will serve the
Foreign Service well in the future.
EDWARD J. DERWINSKI, Member of Congress.
Tom CoRcoRAN, Member of Congress.
GENE TAYLOR, Member of Congress.
WILLIAM E. DANNEMEYER, Member of Congress.
CHARLES PASHAYAN, Jr., Member of Congress.
JAMES A. COURTER, Member of Congress.
BENJAMIN A. GILMAN, Member of Congress.
O
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