FOREIGN SERVICE ACT AMENDMENTS OF 1959

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-03721A000400020006-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 78
• Document Creation Date: November 11, 2016
• Document Release Date: March 26, 1999
• Sequence Number: 6
• Publication Date: August 31, 1959
• Content Type: REPORT

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86TH CONGRESS
1st Session
SENATE
EPQ
,8020006-8
REPORT
No. 880
FOREIGN SERVICE ACT AMENDMENTS OF 1959
S1;PTEMBER 2 (legislative day, AUGUST 31), 1959.--Ordered to be printed
Mr. FULBRIGHT, from the Committee on Foreign Relations,
submitted the following
REPORT
The Committee on Foreign Relations, having had under considera-
tion S. 443, S. 1243, S. 2232, S. 2233, and S. 1044, to amend the
Foreign Service Act of 1946, as amended, and for other purposes,
reports an original bill in lieu thereof and recommends that it pass;
SUMMARY DESCRIPTION
S. 2633 would make numerous changes in the administration of the
Foreign Service of the United States and the Department of State.
With a few exceptions, the bill consists of amendments to the Foreign
Service Act of 1946, as amended. A new class structure for Foreign
Service Staff officers and employees is provided. The Foreign Service
retirement and disability system is liberalized in conformity with cer-
tain principles already in effect with respect to the civil service retire-
ment system. Improvements are made in the legislation pertaining
to the recruitment and training of Foreign Service officers. Functional
end geographic area specialization by such officers is encouraged. An
increase of $100 million ($50 million in foreign currencies) in the au-
thorization of appropriations for the Foreign Service buildings fund,
largely for office space for U.S. missions overseas, is approved.
These are the first substantial changes in the Foreign Service Act
of 1946 since the amendments of 1956 were enacted. It will be re-
called that the amendments of 1956 added two classes to the Foreign
Service officer schedule, raised a numerical ceiling on lateral entry into
the Foreign Service officer category, increased from 30 to 35 the num-
ber of years of service credit for computing retirement benefits for
Foreign Service officers, broadened the authority to operate commis-
saries and mess services, increased medical benefits, and authorized
the establishment of recreational facilities overseas.
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2 r'OREIGN SERVICE ACT D S
COMMITTEE ACTION
With a few exceptions, all of the provisions cf S. 2633 are taken
from the following bills:
1. S. 443, Mr. Green (by request), January 17, 1959, to amend the
Foreign Service Act of 1946, as amended, and for other purposes.
2. S. 1243, Mr. Saltonstall (for himself and Mi. Mansfield), March
2, 1959, to amend the Foreign Service Act of 1946, as amended, to
establish standards of foreign language proficie icy for the Foreign
Service of the United States and for other purposes. S. 1243 is the
same as S. 3552 of the 85th dongress (Saltonstall) on which the Com-
mittee on Foreign Relations held an executive hearing on May 27,
1958. Februa r-y 16 1959, to repeal
3. S. 2232, Mr. Fulbright (by request),
section 12 of the act of June 26, 1884, prohibiting a charge or collection
of fees by consular officers for official services to American vessels and
seamen, and to repeal the provision in the act of, Fune 4, 1920, author-
izing the free issuance of passports to seamen.~11959 to amend the
4. S. 2233, Mr. Fulbright (by request), June 2,
Foreign Service Act of 1946, as amended.
5. S. 1044, Mr. Fulbright (by request), February 16, 1959, to amend
the Foreign Service Buildings Act of 1926, as amm;nded.
A public hearing on S. 1243 was held on April 16, 1959, and public
hearings on the remaining bills were held on my 6 and 15, 1959.
The committee marked up the bills on August ~7 and 28 and on the
latter day ordered favorably reported an originil bill combining the
MAIN PROVISIONS OF THE BILL
A good many provisions of the bill are of a r~iinor technical, clari-
fying, or perfecting nature. The other provisions make important
changes or innovations in the law pertaining to the Foreign Service
and the Department of State. These provisions are summarized,
explained, and justified below. References to the "act" in the dis-
cussion below mean the Foreign Service Act of 1946, as amended.
1. Section 2-New Class Structure for Foreign Service Staff Person-
nel.-Section 2 of the bill would revise section 4 15 of the act so as to
reduce the number of classes of Foreign Service staff personnel from
22 classes to 10 classes. This change in class structure complements
the change in the structure of the Foreign Service officer category
which was made in 1956. Classes 15 through `:2 under the old staff
structure have not been used for some time. A smaller number of
classes has proved to be adequate in differentiating the duties and
responsibilities of typical jobs carried out by stiff personnel overseas.
These jobs are primarily in the secretarial, technical, and custodial
categories.
The salaries of the top three classes in the new staff schedule are
the same as the salaries of classes 3, 4, and b, respectively, of the
Foreign Service officer salary schedule. Information as to the cost
and numbers of Foreign Service staff personnel involved in this
change is shown below in connection with the liscussion.of the tem-
porary provisions providing for the conversion of staff employees
from the old class structure to the new structure (sec. 51).
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2. Section 2-Employment of Staf Personnel Overseas at Less Than
the Rates Prescribed for Foreign Service Stag' Officers and Employees.-
Section 2 of the bill would also add a new subsection (b) to section
415 of the act which would authorize the Secretary of State admin-
istratively to prescribe salaries less than those given in the statutory
schedule for Foreign Service staff employees in those cases abroad
where it is desirable to employ U.S. citizens locally in a foreign
country who are not available or are not qualified for transfer to
other posts.
Two examples may illustrate the occasion for the use of this proposed
new authority. There are cases where a person living in a foreign
country may possess U.S. citizenship, for instance by reason of having
been born in the United States during a visit of his parents here, and
yet he may in all other respects be a typical native of the foreign
country. The U.S. mission may wish to employ such a person in a
minor capacity and would not wish to pay him higher than the prevail-
ing local rates for the kind of work involved merely because he
happened technically to be an American citizen and entitled as such to
the statutory Foreign Service staff salary. A second example concerns
the frequent instance when a U.S. mission wishes to hire the wife, for
instance, of a resident U.S. businessman to do clerical work in the
mission. Such persons may be very useful to the mission yet would
not be available for entrance into the regular Foreign Service staff
category and subject to transfer from post to post. In using the
proposed new authority in this latter category of cases the committee
cautions against abuse of the authority by paying Americans, who
would merit a salary at or near the statutory schedule of a regular
Foreign Service staff officer, at unreasonable rates below the statutory
irr+' schedule.
3. Section 6-Classification of Foreign Service Officer Positions in the
Department of State.-Section 6 of the bill amends section 441 of the
act relating to the classification of positions. The existing position
classification distinction between the categories of Foreign Service
officer and Foreign Service staff officer is removed. Secondly, the
Secretary is authorized to classify positions in the Department in
accordance with Foreign Service standards without regard to the
Classification Act of 1949, as amended. Up to the present time the
Secretary has been designating certain positions in the Department
as Foreign Service positions and classifying them under the Classifi-
cation Act without clear legislative authority. He has been doing so
under an arrangement embodied in an exchange of letters between
the House Committee on Government Operations and the Civil Serv-
ice Commission (see H. Rept. No. 1673, 83d Cong.). Some 1,500 posi-
tions in the Department now have a dual designation of "Foreign
Service officer position" together with a grade level established under
the Classification Act. Under the new language of section 441 of the
act the Secretary may designate positions, including new positions,
without such a grade level under the Classification Act. Under the
new arrangement no grade allocation will be necessary unless the posi-
tion is to be filled by a non-Foreign Service person.
The committee wishes to take this occasion to comment on the
evidence which has been accumulating for some time that the Depart-
ment of State has gone too far in carrying out the recommendations
of the Wriston report calling for additional positions in the Depart-,
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TA;A ment of State to be designated as Foreign Serv cc officer positions.
Evidence has been brought to the attention of the committee regard-
ing the International Educational Exchange Service (IES), the Bureau
of Intelligence and Research (INR), and the Policy Planning Staff
(S/P) constituting three examples of the committ,,e's concern.
The work of the International Educational Exchange Service is
painstaking and specialized. The work of the Bureau of Intelligence
and Research is scholarly, specialized, and requires long familiarity
with narrowly defined masses of material. The work of the Policy
Planning Staff requires senior specialists, for instance officers skilled
in military planning who must work closely with their opposite
numbers in the Department of Defense. The characteristic op much
of the work of these three bureaus in the Department of State is that
long continuity of service is highly desirable. Typical assignments
of Foreign Service officers to these bureaus are for 2-year periods.
These periods are long enougbt perhaps for the Fcreign Service officer
to become familiar with the work but not long enough for him to make
an effective contribution. Moreover, the nature of the work is fre-
quently so different from that which a Foreign Service officer is ac-
customed to doing overseas that many officers dislike such assignments
and fail to put forth their best effort.
The committee is by no means of the opinion that no Foreign
Service officer should be assigned to the aforementioned bureaus in
the Department of State-these bureaus have been given merely as
examples of the problem. The committee is of the opinion, however,
that too many positions in these bureaus and oth,,rs like them in the
Department have been designated as Foreign Service officer positions.
The committee has requested by December 1, 19,"9, a detailed report
reviewing the original designation of Foreign Service officer positions
throughout the Department pursuant to the Wiiston program and
discussing any changes in such designations which may have occurred
since. The comment of the Department is requested on the views
of the committee just set forth.
4. Section 7-Compensation for Alien Employee, .-Section 7 of the
bill would revise section 444 of the act, pertaining to compensation
for alien employees hired overseas, in two principal respects. First,
the principle in existing law of compensating alien employees according
to the rule "equal pay for equal responsibility" i,, being replaced by
the policy of paying local employees in accordan-e with "prevailing
wage rates and compensation practices for corresponding types of
positions in the locality to the extent consistent to the public interest."
The existing language has proved difficult to implement in certain
countries where, for instance, women are not paid the same wages as
men for the same work. Although the U.S. missions would prefer to
follow nondiscriminatory wage policies in these instances, it is some-
times offensive to foreign governments and upset ing to local condi-.
tions to do so.
The second change in section 444 is the deletion of the requirement
that the Board of the Foreign Service advise the Secretary on the
salary schedules for overseas local (alien) employees. It has proved
unnecessary and impractical to obtain the advice of the Board on
such matters.
5. Section 7-Permission for Other Government Agencies to Use6
Authority Available to the Department of State in Their Employment of
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 5
committee considered designating the Secretary of State as the single
A '' 11
grams in accordance with the applicable provisions of the Foreign
Service Act. The purpose of the provision is to facilitate uniform
employment practices abroad by all U.S. Government agencies. T,
Aliens Overseas.-Section 7 of the bill would add new language to
section 444 of the act which would authorize U.S. Government agen-
cies performing functions abroad to administer local employee pro-
UL cooperation among
the committee recommon
eavin the existmg practice the wa it `
6. ect%on - x ra ay for onraer u y.- ection 8 of the bill
would introduce a new section 447 into the act which would permit
the Secretary to establish rates of extra pay not to exceed 15 percent
of basic salary for persons assigned to duty as couriers. It appears
clear to the committee that courier duty is a duty analogous to the
various kinds of hazardous duty in the armed services and certain
civilian agencies which is compensated for by extra pay. Depart-
ment of State couriers spend long hours flying as part of their duties
and many have sustained injury and some have been killed in this
service. The proposed maximum of 15 percent extra pay does not
seem to the committee to be excessive due to the fact that hazardous
duty pay in the armed services ranges from a minimum of 17 percent
to a maximum of 64 percent depending upon the rank of the person
and the duty involved.
7. Section 9- Policy on Language and Other Qualifications for the
Assignment of Chiefs of Mission and Foreign Service Officers in Foreign
Countries.- Section 9 of the bill would add a new section 500 to the
act stating the policy that chiefs of mission and Foreign Service officers
shall have to the maximum practical extent a knowledge of the
language, culture, history , and institutions of the countries in which
they are to serve.
Probably the only reason this policy is not now a part of the Foreign
Service Act is that it was thought to be self-evident. The policy is,
however, either not self-evident or else implementation of the policy
has failed in a disturbing number of cases. Such failure is inexcusable
on the part of the U.S. Government. The richest country in the
world can afford to employ, train, and send well-qualified Foreign
Service officers wherever they are needed. The importance of their
work demands no less.
The committee continues to be disappointed from time to time
about nominations for ambassadorial posts. There are too many
nominees, career and noncareer, who are merely so-so, not bad enough
to reject but not really first rate.
Whether or not the policy statement in the proposed section 500
becomes a part of the law, the Committee on Foreigh Relations in-
tends to continue its practice of measuring nominees for chiefs of
mission against the standard expressed in the new section 500 and
will apply the standard with increasing particularity.
7. Section 10(b)-Appointments of New Foreign Service Officers
Directly to Class 7.-Section 10(b) of the bill will add a new subsection
(b) to section 516 of the net which would permit the appointment of
Foreign Service officers directly to class 7 when, in the opinion of the
Secretary, their age, experience, or other qualifications make such an
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6 FOREIGN SERVICE ACT AMENDMENTS OF 1959
appointment appropriate. This provision will take care of the infre-
quent instances where graduate students having more than the usual
amount of training or experience could expect higher starting salaries
than afforded by class 8 appointments if they accepted jobs in private
industry or other Government agencies. Under the new section
?-516(b) they could be given the higher salaries of class 7. The De-
.partment of State intends to limit these appointments to candidates
- who (1) are at least 28 years old; (2) have a record of graduate training
&r employment which clearly demonstrates extra ability; (3) have a
-modern foreign language competency. The committee endorses these
'standards in the proposed regulations of the Department.
such appointment.
Foreign Service.-Section 12(b) of the bill wood amend section 520(a)
of the act by removing the present requirement that Foreign Service
officers who resign and later ask reinstatemer..t must have served con-
tinuously in the Government between the time of leaving the Foreign
Service and the time of reappointment to thy; Service. It sometimes
happens that an officer is obliged to resign f -om the Service through
no fault of his own. If for instance his wile should become ill and
unable to accompany him on foreign assignments, the Committee
believes that the President should have aut aority to reappoint such
officers to the Service when they again become able to serve. The
rationale behind the requirement of previous Government service,
discussed immediately above in connection with lateral entry, would
seem to be inapplicable to cases arising under section 520(a) of the
act because in those cases the persons involved have already been
Foreign Service officers and have fulfilled all of the requirements for
be able to maintain its career nonpartisan features and the Secretary
of State will not be troubled by outside pressure to insert inexperienced
persons into the Foreign Service officer group.
9. Section 1,2(b)-Reappointment of an Oj7icer 14'ho Has Left the
to the appointment of persons at an intermediate class in the Foreign
Service officer category, depending on the age and experience of the
appointee. Now that the so-called Wriston personnel integration pro-
gram has been completed, thenumber of late-al entrants should de-
pend simply upon the needs of the Service as determined by the
Secretary.
The number of persons entering the Foreign Service officer category
laterally will not change from current rates in all probability because
the committee bill retains the requirement of 3 or 4 years, depending
on age, of previous service in a Government agency as a prerequisite
to lateral entry. The committee wishes to mzuke sure that additional
personnel or specialists needed urgently in the Service can be em-
ployed as the needs of the Service require, but it is convinced that the
best way to bring such persons into the Service is by giving Foreign
Service Reserve officer appointments to those coming directly from
private life or by permitting the lateral entry directly to the Foreign
Service officer category of those having previous Government ex-
perience. Thus, under either of these routes the Foreign Service will
8. Section 11(b Previous Government Service as a Prerequisite to
Lateral Entry.-Section 11(b) of the bill would revise section 517 of
the act by removing the existing ceiling on h,teral appointments of
persons to the Foreign Service officer category. Lateral entry refers
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10. Section 14-Limited and Probationary Appointments for Staff
Officers.-Section 14 of the bill would revise section 531 of the act
so as to clarify the authority of the Secretary of State to make tem-
porary, limited, and other types of appointments of staff officers and
employees as the needs of the Service require. The new section also
makes it clear that the Secretary may terminate at any time and
without regard to the provisions of any other law staff officers ap-
pointed for temporary or limited service or who occupy probationary
status.
The customary probationary period for staff officers is 2 years, and
the Department will not specify longer periods. The usual reason
for termination of temporary, limited, or probationary employees is
that there is not sufficient work for such employees to do or that the
specific work for which they were employed has ended. The Secre-
tary's discretion is, however, not limited to such reasons. In the case
of persons on probationary status, he may terminate their employment
if their work is not satisfactory or if for various reasons they appear
not to be suitable for foreign assignments. If, however, the Depart-
ment's reason for terminating a staff officer on temporary, limited, or
probationary appointment is the person's supposed misconduct, that
is, conduct reflecting adversely on the integrity or character of the
person, then the new version of section 531 requires that such person
be given a hearing in accordance with the provisions of section 637 of
the act.
11. Section 16(a)-Elimination of Salary Differential for a Foreign
Service Officer Who Is Assigned to a Position in Washington Designated
as a "Foreign Service Officer Position. "-Section 16 (a) of the bill adds
a new sentence to section 571 of the act which would eliminate any
salary differential being paid to a Foreign Service officer who occupies
a position in the Department which is also designated as a "Foreign
Service officer position" and which carries a higher salary than the
officer's Foreign Service salary. The former policy, allowing the
Foreign Service officer to collect the difference, is inconsistent with the
Foreign Service theory of appointment to a class and not to a particu-
lar job. Authority will continue to pay such a differential if an officer
or employee of the Service is assigned to a position in the Department
that is not so designated. Thus the salary differential-the differ-
ence between the officer's salary and the salary of the position which he
occupies-would continue to be paid in those cases in which the posi-
tion is in a Government agency other than the' Department of State
or a position not also designated as a "Foreign Service officer position"
within the Department of State.
12. Section 16(c)-Housing Allowance for Officers on Assignment in
Washington.-Section 16 (c) of the bill would add a new section 571(e)
to the act granting a differential applied to basic salaries of 8 to 13
percent, according to the number of dependents, in the case of Foreign
Service officers assigned to duty in the United States between assign-
ments abroad and Foreign Service officers of class 7 or 8 assigned to
duty here prior to duty abroad.
This new provision is designed to give the same kind of financial
assistance to Foreign Service officers assigned to Washington as has
long been afforded to military personnel in the same circumstances.
Foreign Service personnel coming to Washington for a relatively short
time have many additional expenses, largely relating to housing, than
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employees who live here all the time. Foreign service officers are
now receiving a transfer allowance and hotel expenses while locating
more permanent housing, but these allowances meet only a small part
of their extra expenses. The proposed additiona'. allowance is fixed
at an amount which may be expected to meet about one-half of
typical housing costs while on duty in the United States.
13. Section 18-Foreign Language KnowledgE a Prerequisite to
Assignment.-Section 18 of the bill would introduce a new section 578
in the act which would require the Secretary to des gnate every Foreign
Service officer position in a foreign country whose incumbent should
have a useful knowledge of a language of the cour.try. After a 5-year
period to allow for increased training in foreign languages, each posi-
tion so designated would be filled only by a qualified person. The
Secretary would be able to make exceptions to this requirement for
individuals or when special or emergency conditions existed.
One of the most common and justified criticisms of the Foreign
Service today is the low level of language competency throughout the
Service. The facts are familiar that 70 percent of new Foreign
Service officers come into the Service without a knowledge of any
foreign language. Fifty percent of officers already in the Service lack
a knowledge of any foreign language. The fig ure on deficiencies in
the more difficult languages are not available I ut the committee has
no reason to think the figures are any better with respect to them.
Language competence in the Foreign Service is primarily a function
of money and people. With adequate approrriations and adequate
numbers of intelligent officers, any desired level of language com-
petence can be obtained. The committee intends that foreign lan-
guage competence be raised substantially-not for its own sake-but
based on actual needs in U.S. missions ove 'seas. The committee
expects that the designation of Foreign Service officer positions abroad
requiring language competence shall be basec_ largely on the recom-
mendations of the mission chief without regard to current budgetary
targets. The Department of State estimates that the implementation
of the proposed new section 578 will cost about $250,000 per year over
a 5-year period. This would seem to be a small price when measured
against the urgent need.
14. Section 1.9-In-Class Promotions of Foreign Service Officers.-
Section 19 of the bill would amend section 625 of the act so as to
eliminate a possible conflict between the policy of that section, relating
to in-class promotions of Foreign Service officers, and the policy of
the Government Employees' Incentive Awa ?ds Act (title III, Public
Law 763, 83d Gong.), authorizing cash awards for superior service.
The committee believes that while the cash awards program is excellent
the special needs of the Foreign Service make it appropriate to award
within-class increases for certain kinds of excellence such as the learn-
ing of unusual foreign languages on an officer's own initiative.
15. Section 20-Relationship Between Promotions and Functional
and Geographic Area Specialization.-Section 20 of the bill would add
a new section 626 to the act expressing the policy, that more functional
and geographic area specialization is needed in the Foreign Service
and prohibiting such specialization from prejudicing promotions of
officers up through class 1 in the Service.
The traditional assignment policy in the Foreign Service has been
based on the premise that an officer is not fully qualified to be a
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mission chief unless he has had service in each of four or five main
geographic areas in the world. It may be as a result of such a policy
that the Government is short of topnotch specialists in some of these
great geographic areas.
Existing assignment policy with regard to functional specialization
appears to result in an officer having 2 or 3 years' experience in six
or eight different types of work. The committee is concerned lest
this policy result in developing an officer who is a jack of all trades
and master of none.
With respect to geographic specialization the committee would
like to see a situation in which incoming officers would be assured that
most of their careers would be devoted to one of the larger geographic
areas. They could then concentrate on the languages, culture, and
problems of the area and develop outstanding excellence. For exam-
ple, after an appropriate period of brief orientation assignments, an
officer might specialize in Arabic and in the problems of the great
area lying between Morocco and Pakistan and spend the greater part
of his career in assignments which would take him alternately to that
area, to Washington, to some third area country having important
ties with that area.
With regard to functional specialization the committee believes
that it would be better for a Foreign Service officer to concentrate on
one field of work--say economic matters or administration-for a
substantial part of his career until he reaches the level of, say deputy
chief of mission, at which point he would have the choice of finishing
his career as a senior specialist or taking on broader executive responsi-
bilities and look forward to promotion to the levels of career minister
or career ambassador.
j The committee expects that the precepts given to promotion panels
and the instructions given to assignment panels will be revised in
accordance with the policy laid down in the new section 626.
16. Section 24-Accelerated Selection-Out Benefits.-Section 24 of
the bill amends section 634 (b) (1) of the act to authorize the Secretary
in special instances to combine the installments of severance payment
to which an officer is entitled when he is retired early from the Foreign
Service in accordance with section 633 of the act. The usual thing
would be for the selection-out benefits to be paid in three annual
installments but the change in section 634 (b) (1) will permit the Secre-
tary in his discretion to accelerate the payments where the officer has
an unusual financial need. These payments will be made from the
Foreign Service retirement and disability fund.
17. Section 27-Consolidated Separation for Cause Provision.-
Section 27 of the bill combines in a revision of section 637(a) of the
act several provisions of the act relating to separation for unsatisfac-
tory performance of duty, misconduct and malfeasance. The Secre-
tary is given complete discretion to separate Foreign Service officers,
Foreign Service Reserve officers, and Foreign Service staff personnel
for such "cause as will promote the efficiency of the Service." This
phrase, which is applicable to the Civil Service, is taken from the
Lloyd-La Follette Act of 1912. Although the Secretary has complete
discretion in defining causes for dismissal which will promote the effi-
ciency of the Service, the revised section requires that officers separated
under it shall be given a hearing by the Board of the Foreign Service
and requires the establishment of such cause at such hearing. An
*S. Rept. 8180, 86-1-2
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10 FOREIGN SERVICE ACT AMENDMENTS OF 1969
officer may waive his right to a hearing. Foreign Service officers of
class 8 or other officers in a probationary statu, or serving under ARK
limited or temporary appointments have a right to a hearing only in
cases where the reason for their proposed separation from the Service
is misconduct. Section 637(a) as it is amended deals with separations
on a case-by-case basis The language of the section could not be
the basis for a general reduction in force. .
18. Section 27-Extension of Deferred Annuity Rights to Persons
Separated From the Service for Cause.-Section 21 of the bill would
amend section 637(b) of the act to provide that sn officer separated
from the Service for cause may receive a refund c,f his contributions
to the Foreign Service retirement and disability fund, with interest,
or he may elect to receive a deferred annuity payable when he reaches
the age of 60. The committee approved this change but inserted a
clause providing that a deferred annuity would not be available in
cases "where the Secretary determines that separation was based in
whole or in part on the ground of disloyalty to th,,- United States."
Under the present law certain officers separates. for unsatisfactory
performance of duty may receive an immediats limited annuity.
Officers separated for misconduct are entitled merely to a refund of
their contributions to the fund. The committee f,grees (except as to
disloyalty cases) with the view of the Department of State that, even
though an officer may be separated for cause, aft-,r he has served at
least 5 years he should not be denied the annuity benefit which he
has earned by reason of his contributions and his p 3riod of satisfactory
service.
19. Section 28-Termination of Service of Reser re Officers and Staff
Officers urith Limited Appointments.-Section 28 of the bill would Aft
retar
S
it th
ld
y
ec
e
perm
insert a new section 638 in the act which wou
notwithstanding any other law to terminate at a iy time the service
of any Reserve officer or staff officer serving under a limited appoint-
ment. This is the same principle as is contained in revised section
531 of the act discussed above under section 1 t of the bill. The
committee inserted a provision regarding separations for misconduct
in the proposed new section 638 similar to that contained in revised
section 531.
A special problem under the proposed new section 638 arises by
reason of the concern of a certain group of 45 officers under limited
Reserve appointments that the new authority m?.y be used to termi-
nate their employment. They accepted Foreign Service Reserve
officer status at the encouragement of the Department of State.
The committee inserted, with the concurrence of the Department, a
provision which will insure that these officers will be retired when
their limited appointments run out but not before.
20. Section 30-Longevity Increases for Foreign Service Staff Em-
ployees.-Section 30 of the bill would add a new,;ubsection 642(b) to
the act which would authorize the Secretary to establish a system of
longevity increases for staff personnel. The Classification Act in-
cluded the principle of longevity increases some years ago.
Work performed by staff personnel is highly es:,ential but its nature
is such as to contain inherent limitations on opportunities for promo-
tion in some categories of work. In addition ,he staff group now
includes a substantial number of older employees who were unable to
quality for various reasons under the Wriston program for lateral entry
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 11
into the Foreign Service officer category. There is therefore something
of a morale problem within this segment of the Foreign Service staff
group which can be alleviated by the enactment of the proposed new
subsection 642(b).
Longevity increases will not be automatically awarded; they will be
given in recognition of both longevity and performance. The longevity
periods will be established by the Secretary by regulation.
21. Section 31-Orientation and Language Training for Wives of
U.S. Government Employees in Anticipation of Assignment Overseas.-
Section 31 of ' the bill would add a new sentence to section 701 of the
act giving the Secretary authority to provide orientation and language
training to wives of Government employees in anticipation of assign-
ment of such employees abroad. The Department of State has been
giving such training of a space-available basis for some time but the
practice ought to be specifically authorized by law. The Department
asked for authority to train "dependents" of employees but the com-
mittee limited the authority to "spouses," and inserted the phrase
"to the extent that space is available" in order to keep such training
to reasonable numbers.
22. Section 32(b)-Alien Language Teachers for the Foreign Service
Institute.-Section 32(b) of the bill would add a new subsection
704(e) to the act permitting the Secretary to employ aliens for the
Foreign Service Institute either by appointment to the staff on a full or
part-time basis or by contract for services. This proposed authority
would apply both in the United States and abroad because the Foreign
Service Institute operates several language training schools overseas.
The new authority is essential because, of course, it is sometimes
difficult to find American citizens sufficiently well qualified to provide
instruction in esoteric languages and other specialized subjects taught
at the Foreign Service Institute. The authority to employ by con-
tract is essential since some language teachers are available in the
United States for only short periods of time and because some Insti-
tute courses are given periodically.
23. Section 32(b) Monetary Incentives for Proficiency in Esoteric
Languages.-Section 32(b) of the bill also would add a new subsection
704(f) to the act which would authorize the Secretary to provide
special monetary incentives to encourage the acquisition or retention
of proficiency in esoteric foreign languages or other special abilities
needed in the Service. The committee believes this new authority
is necessary but desires that it be employed very cautiously. The
term "esoteric foreign languages" certainly does not include such
languages as French, German, Spanish and Italian which many
Americans have an opportunity to learn. In the administration of a
language incentives program language proficiency must be tested
frequently and standards of competency must be kept high.
The "special abilities" which are to be encouraged are not the
traditional skills expected of Foreign Service officers nor the ordinary
academic disciplines which reasonably well educated officers bring
with them into the Service.
24. Section 33(b)-Transfer of Foreign Service Staff Officers to the
Foreign Service Retirement System.-Section 33(b) of the' bill adds a
new subsection 803 (c) to the act providing for mandatory participation
in the Foreign Service retirement and disability system of certain
staff officers and employees. The proposed subsection 803(c) (1) would
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12 FOREIGN SERVICE ACT AMENDMENTS OF 1959
provide for the automatic transfer of Foreign Service staff officers
with at least 10 years service from the civil service retirement system
to the Foreign Service retirement system. Their contributions to the
civil service retirement fund would be automatically transferred and
they would be required to make no additional contribution and they
would get no refund as a result of the shift fr?)m one retirement
th
h
er.
e o
system to t
The new subsection 803(c)(1) recognizes the fact that Foreign
Service staff personnel serve overseas under the same conditions as
Foreign Service officers who, under the Foreign Service retirement and
disability system, are required to retire at age 60 :rather than age 70
as under the civil service system) because of the rigors of some foreign
climates and the burdens of moving periodically to new working and
living situations.
The new subsection 803 (c) (2) provides for retir ;ment on a gradual
scheduled basis over a 5-year period of staff personnel who are above
ts in
ti
i
pan
c
the mandatory retirement age at the time they become par
the system. This new early retirement provision will not go into effect
until 1 year after the other provisions of the bill ?;o into effect. Sub-
section 803, (c) (2) would involuntarily retire a grow p of some 400 older
staff officers who would not have been required to retire for periods up
to 10 years longer if they were permitted to stay under the Civil Serv-
ice retirement system. The committee understands that most of the
persons in this group welcome the new provisions but there are some
who may have failed to make adequate financial provisions for such
involuntary early retirement and who are therefor; adversely affected.
These 400 older staff officers constitute, in the view of the Depart-
ment, a "hump problem" analogous in many ways to that dealt with
recently by the Congress in legislation pertaining to the Navy. The
Department of State believes that it would be in the interest of the
Service to accelerate the retirement of these 400 staff officers, most of
whom have been unable to qualify for lateral appDintment as Foreign
re too old
th
.
ey we
Service officers because
Because it is in the interest of the Government that retirement of
tb ese persons be accelerated the committee decide I that their financial
problems should be eased by the Government. The committee in-
serted a provision in the bill which would give to such involuntary
retirees the same kind of financial aid as is given to Foreign Service
officers who are selected out. Involuntary retirees would receive, in
addition to their retirement benefits, one-twelfth of a year's salary for
each year's service not exceeding a total of 1 year's salary. This
amount would be payable in a lump sum at the time of retirement.
The Department of State estimates that this temporary provision,
over the 5 years that it will operate, will cost approximately $676,000,
which will be paid out of the Foreign Service retirement and disability
fund, no appropriation being required.
It appears possible that some members of this Troup of involuntary
retirees may not have knowledge of this possibil.ty. The committee
urges the Department to disseminate information about this matter
widely so that persons affected can take appropri zte steps to minimize
any adverse financial consequences which can be foreseen.
25. Section 35-Increase From 5 to 6% Perce;it in Foreign Service
Personnel Contributions to the Retirement Fund and Matching Contri-
butions by the Government to the Fund.- Section 35 of the bill would
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amend section 811 of the act to place the financing of the Foreign
Service retirement and disability fund on the same basis as the civil
service retirement system. It would increase the rate of contribution
to the Foreign Service retirement and disability fund from 5 to 6%
percent of basic salary. It would also provide a matching contribu-
tion to the fund from the appropriation for Foreign Service salaries.
The cost of the proposed matching contribution to the fund will
be $2.5 million per year. The Department of State has been getting
annual appropriations for the fund averaging $1.5 million for the last
4 years. There were no payments to the fund out of appropriations
for several years prior to that. The fund's potential liabilities there-
fore exceed its assets and the proposed $2.5 million annual matching
contribution will enable the fund to restore financial balance.
26. Section 36(a)-Benefits for Survivors of Foreign Service Officers.-
Section 36 (a) of the bill would revise sections 821(b) and 821(c) of
the act to provide benefits for surviving spouses and children of
participants in the Foreign Service retirement system like the benefits
provided for survivors of participants in the civil service retirement
system.
The proposed changes in section 821 will increase survivor benefits
at a reduced cost to the participant. The proposed formula for com-
puting a joint and survivorship annuity under which the retiring
officer elects to receive a reduced annuity and, upon death, an annuity
for a wife or a husband, and the proposed formula for computing annui-
ties for surviving dependent children are similar to those now in the
civil service retirement system: The following example from pages
234-235 of the hearings will illustrate the advantages to the participant
of the proposed formula over the existing formula.
Average salary for highest 5 years of service------------------------ $10, 000
Annuity (2 percent times 30 years of service)_______________________ 6, 000
Existing
Maximum survivor annuity---- $2, 500
Cost to officer---------------- 1, 250
Officer's reduced annuity------ 4, 750
Maximum surviving annuity
payable to a dependent child- 0
Proposed
Maximum survivor annuity--__ $3, 000
Cost to officer (2Y2 percent of
$2,400 equals $60; 10 percent
of $3,600 equals $360) - - - _ -- 420
Officer's reduced annuity ------ 5, 580
Maximum surviving annuity
payable to a dependent child:
With surviving parent - - - - 600
With no surviving parent__ 720
The change in section 821(b) also eliminates a so-called gambling
provision from existing law which now permits the participants to
accept a further reduction of 5 percent of the spouse's annuity in order
to provide for restoration of the full annuity if the spouse predeceases
the participant. This gambling provision is not based on sound
actuarial principles.
Benefits for surviving children of participants in the Foreign Service
retirement and disability system are being provided for the first time
in this bill. They have long been available under the civil service
retirement system.
27. Section 37(a)-Return to Duty of Person Recovered From Dis-
ability.-Section 37 (a) of the bill would amend section 831(b) of the
act relating to disability annuitants. Three principle changes are
made: First, the provisions on annual examinations of disability an-
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nuitants are made more stricti second, new authority is given to
permit the return to active duty in the Service of a disability annuitant
who recovers sufliciently? third, the Secretary is given authority to
establish by regulation a ioard of physicians who will advise him with
regard to disability annuitants.
28. Section 39-The Right to a Deferred Annuity of Person Who
Voluntarily Leaves the Foreign Service After 5 Years.-Section 39 of
the bill would add a new section 834 to the act which will permit a
participant in the Foreign Service retirement system, upon voluntary
separation from the Service after 5 years, to choose either to have his
contributions to the fund returned to him with it terest or to leave his
contribution in the fund and receive a deferred annuity, based on his
years of service and salary at the time of his sep iration, commencing
at age 60. Similar deferred annuities are provided under the civil
service retirement system.
29. Section 46-Amount of Permissible Earnings by Foreign Service
Annuitants Who Are Reemployed by the Federal 7overnment.-Section
46 of the bill would add a new section 872 to the act dealing with the
question of the limit on earnings of an annuitant if he returns to a
Under present law a Foreign Service retiree who
t job
G
.
overnmen
is reemployed in the Federal Government must forfeit his annuity
during such reemployment. Under the civil service retirement
system, a retired employee may be reemployed by the Government
and continue to receive his full annuity, plus the difference, if any,
between the annuity and the salary of the position to which he is
appointed.
Unfortunately, in the view of the committee, the provisions of the
Civil Service Retirement Act place the Federal Government in an un-
favorable position to compete with private industry in obtaining the
services of retired Federal personnel whose reemployment would bene-
fit the Government. This is because such parsons when hired in
private industry may keep their annuities and rc ceive the full amount
of the salary in private industry.
recommends the adoption of the new section 872
tt
h
ee
e commi
T
which would entitle a retired Foreign Service employee to receive the
salary of a position to which he may be appointed plus so much of his
annuity which, when combined with such salary does not exceed the
highest salary which such employee was entitled to receive when he
retired from the Foreign Service. The committee believes that this
provision will be more fair to retired personnel and will be in the public
interest.
30. Section 48-Clarification of Authority to Lend Foreign Service
Employees Overseas Household Furniture.-Section 48 of the bill would
amend section 812 of the act so as to make it clsar that the Secretary
of State may lend furniture, such as chairs and ,ables as distinguished
from equipment such as refrigerators, to Foreign Service employees
overseas for use in personally owned or leased residences. The purpose
of this provision, thus amended, is to save shipping costs. Certain
oversea missions have established pools of furniture which can be
loaned to employees, thus saving the cost of shipping such furniture
from the United States or from some other d.stant Foreign Service
post.
31. Section 49-Clarification of Authority To Ship Foreign Service
Employees Vehicles: Section 49 of the bill would amend section 913
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appropriate and, certainly, less expensive than American cars, count-
of the act so as to substitute "motor vehicles or replacement thereof"
for the word "automobiles." The Comptroller General has ruled that
"automobiles" does not mean motorcycles or motor scooters. Since
it would be cheaper for the Government to transport motorcycles and
motor scooters than automobiles, the committee believes that it would
be advantageous to broaden the scope of section 913. The committee
expects the Department in administering section 913 to establish by
regu'ation some reasonable limit on the number of motor vehicles
which may be transported for Foreign Service personnel within appro-
priate periods of time.
The committee urges the Department of State to give further study
to the matter of transportation of vehicles overseas for the official use
of U.S. missions. It suggests,'for example, that greater use be made
of motor vehicles built in the country of the mission since road or
other conditions are frequently such as to make locally built cars more
ing the transportation costs from the United States. In circumstances
warranting transportation of American cars overseas for official use,
the committee believes that small American cars are just as useful
and less offensive to foreign sensibilities than the larger American
cars.
32. Section 51-Conversion Table From the Prevent Foreign Service
Staff Class and Salary Schedule to the Schedule Established by Section ,?L
of the Pill.-Section 51 of the bill contains temporary provisions pro-
viding for an orderly and equitable transfer of Foreign Service staff
officers and employees from their present classes and salaries to the
new classes and salaries prescribed by the revised section 415 of the
act. Under the conversion scheme no Foreign Service staff person
will have a reduced salary. The numbers of persons involved in this
transfer in each class and the average salary adjustment in the various
classes are shown in the following table taken from page 209 of the
hearings:
Number
on rolls
Average per
annum
Total
Dec. 31,
1958
salary
adjustment 1
cost
FSS-1-----------------
30
FSS-1-------------- ---
30
$155
$4,666
FSS-2- ----------------
24
f FSS-1--------------- --
15
204
3,060
F88-3 - ------ ------ -- --
33
1 F S S-2 - --- - - - - - - - - - - - - -
FS S-2-----------------
9
33
67
120
605
3,970
Fss-4---------------
.35
U SS-2-----------------
17
222
3,770
SS-3-----------------
18
132
2
380
FSS-S-----------------
50
F88-3 ----- - - - - - - - - - - - -
50
147
,
7, 360
FSS-B-----------------
69
FS8-3-----------------
19
169
3,210
FSS-4-----------------
50
122
6,115
F8S-7-----------------
72
F8 S-4-----------------
72
47
3
415
Fss-8-----------------
164
F8S-5-----------------
164
35
,
5, 705
FSS-9-----------------
323
FSS-5-----------------
37
100
3, 700
FSS-6-----------------
286
95
27,090
FSS-10----------------
539
fFSS-6-----------------
171
136
23,220
F88-7-----------------
367
80
29
370
FSS-11----------------
922
FSS-7--------- --------
022
18
,
16
740
FSS-12----------------
938
FSS-B-_--------------
938
30
,
28
580
FSS-13----------------
445
P88-S...............
445
28
,
12
355
FSS-14----------------
1
..
FSS-10----------------
1
,
15
The average salary adjustment has been rounded off to the nearest dollar. Consequently multiplying
the average per annum adjustment by the number of individuals does not exactly equal the total cost which
has been computed on the basis of actual salary adjustments.
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33. Section 52-Authority to use Taxicabs in Lieu of Government
Vehicles in Certain Cases. Section 52 of the bill would amend section
11 of Public Law 885, 84th Congress (70 Stat. 890) by making it
possible for the chief of a diplomatic mission to approve the use of
taxicabs, in addition to Government-owned vehicles, for the trans-
portation of Government employees from their residence to the office
and return when public transportation facili pies other than taxicabs
are unsafe or not available. The committee understands that the
use of taxicabs will be authorized typically iz those cases where the
use of Government-owned vehicles necessitates the use of chauffeurs
and makes this form of transportation more costly than the use of
taxicabs.
34. Section 53-Exclusion from Gross Income for Tax Purposes of
Disability Annuity Payments. Section 53 o' the bill would amend
section 104(a) of the Internal Revenue Code of 1954 to exempt disa-
bility annuities from Federal income tax. 'Ibis change is consistent
with provisions of the Internal Revenue Code relating to disabilities
annuities pa able to other Government emp.oyees by the Bureau of
Employees Compensation. The change is ff,vored by the Treasury.
35. Section 54-Elimination of Free Official Services and Passports
for American Vessels and Seamen Respectively. Section 54 of the bill
would amend section 12 of the act of June 2(y 1884 (22 U.S.C. 1186)
which now prohibits the charging of fees Dy consular officers for
official services to American vessels and seamen. The Department
will establish a reasonable schedule of fees fo:- such services, and give
reasonable notice to the parties affected, but it will not make a charge
for services required by law or services which are primarily in the
public interest.
Section 54 also amends section 1 of chapter 223 of the act of June 4,
1920 (22 U.S.C. 214) by eliminating free passports to American
seamen. No objection was registered with the committee to this
change and the original reason for the provisi,)n has long since passed.
36. Section 55.-Increase in the Authorization of Appropriations for
the Foreign Buildings Program of the Department of State.-Section 55
of the bill would add a new subsection (c) to section 4 of the Foreign
Service Buildings Act, 1926, as amended (22 'J.S.C. 295) which would
increase by $100 million (of which $50 million represents foreign cur-
rencies) appropriations authorized for the purpose of erecting office
buildings and other buildings needed by U.S. missions overseas.
The Department of State presented to the committee a detailed
plan for a 5-year building program which wis set forth beginning on
page 125 of the hearings on S. 1044. Some members of the com-
mittee have seen the architectural plans and models for many of the
structures which are to be built pursuant to this 5-year plan. The
committee commends the Department for the excellence of these plans.
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 17
ESTIMATED COST OF FOREIGN SERVICE ACT AMENDMENTS
OF 1959
Section number of bill and subject matter
First Year Coat
Sec. 2: Conversion to the proposed 10 class FSS schedule (sec. 415, (Appropriations)
Foreign Service Act of 1946, as amended)_____________________ $186, 660
The estimated cost is based on salary adjustments of Foreign
Service staff employees of the Department of State, who are
paid in accordance with section 415 of the Foreign Service Act
of 1946, as amended.
Sec. 8: Hazardous duty pay for diplomatic couriers (sec. 447, For-
eign Service Act of 1946, as amended)------------------------
The estimated cost is based on an average 10 percent salary
adjustment for 58 of the 65 couriers on the Department's rolls
as of December 31, 1958.
Sec. 16: Housing allowance for Foreign Service personnel in Wash-
ington (sec. 571(e) of Foreign Service Act of 1946, as amended) _ _
Approximately 1,890 officers and employees would be covered
by the proposed provision. Of these, there would be approxi-
mately 460 with no dependents, receiving an average differential
of $621; 820 with 1 to 3 dependents, receiving an average differ-
ential of $854; and 315 with 4 or more dependents, receiving $1,009.
Sec. 18: Improving the Department's language training facilities
(sec. 578, Foreign Service Act of 1946, as amended) ----------
A 5-year language training program designed to meet the
minimum staffing needs for language officers at all posts (where
appropriate) will require an annual estimated increase in lan-
guage training costs.
Sec. 30: In-class promotion of Foreign Service staff officers and
employees (sec. 642, Foreign Service Act of 1946, as amended) _ _
It is estimated that 1 percent of FSS employees (36) would
receive in-class promotions and 1.9 percent (70) would receive
longevity increases. The estimated cost of $21,730 was com-
puted by multiplying 106 times $205, the average within class
increment.
Sec. 32: Language incentives (sec. 704, Foreign Service Act of 1946,
amended) -------------------------------- --------------
Special monetary or other incentives for acquiring or retain-
ing proficiency in esoteric foreign languages or special abilities
needed in the Service.
Sec. 35: Matching contribution by Government of 6ia percent of
salaries, to the Foreign Service Retirement and Disability System
(Sec. 811 of FSA46, as amended) --------------------------- 2,500,000
Cost to Foreign
Service Retirement
Sec. 33: Early retirement of FSS personnel (Sec. 803, Foreign Serv-
ice Act of 1946, as amended)-------------------------------
Lump sum payments to FSS personnel retired early under
mandatory retirement provisions. Estimated 5-year cost:
Sec. 43: Recomputation of annuities of former participants (Sec.
855, Foreign Service Act of 1946, as amended). First year cost_
Based on an analysis of officers on the retired rolls at the be-
ginning of fiscal year 1958, the cost of the provision which
would credit officers now on the retired rolls with up to 35 years
(instead of 30 years) service credit would be approximately
$190,000 during the first year. Thereafter the annual cost
would decrease and eventually disappear with the death of
such officers.
and Disability
Fund (No appro-
priation required)
Cost of Foreign
Service Buildings
Act t Amendment
(Appropriation)
as amended---------------------------------------------- $100,000,000
It is estimated that the cost of the conduct of the foreign
buildings program for the 5-year period from 1961 through
1965, inclusive, will be $100 million. ($50,000,000 of this
amount represents foreign currencies.)
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FOREIGN SERVICE ACT AMENDMENTS OF 1959
The changes in the Foreign Service Act described above and the
increase in the Foreign Service buildingE authorization contained in
S. 2633 will, with wise administration, facilitate the achievement of
the objective of the Foreign Service Act: the highest quality repre-
sentation of U.S. interests abroad. The Committee on Foreign Re-
lations recommends that the Senate approve S. 2633.
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CHANGES IN EXISTING LAW
In compliance with subsection (4) of rule XXIX of the Standing
Rules of the Senate, changes in existing law made by the bill, as
reported, are shown as follows (existing law proposed to be omitted
is enclosed in black brackets, new matter is printed in italics, existing
law in which no change is proposed is shown in roman) :
Foreign Service Act of 1946, as Amended
Text of Public Law 724, 79th Cong. [H.R. 6967], 60 Stat 999, approved August
13, 1946; as amended by P.L. 73, 81st Cong. [S. 1704], 63 Stat. 111, May 26,
1949; P.L. 160, 81st Cong. [H.R. 5100], 63 Stat. 407, July 6, 1949; P.L. 759, 83d
Cong. [H.R. 9910], 68 Stat. 1051, August 31, 1954; P.L. 22, 84th Cong. [H.R.
4941], 69 Stat. 24 April 5, 1955; P.L. 250, 84th Cong. [S. 2237], 69 Stat. 536,
August 5, 1955; P.L. 726, 84th Cong. [H.R. 11356], 70 Stat. 555, July 18, 1956;
P.L. 828, 84th Cong. [S. 3481], 70 Stat. 704, July 28, 1956; P. L. 85-462 [S. 7341,
72 Stat. 203, June 20, 1958; and P.L. 85-477 [H.R. 12181], 72 Stat. 261, June
30, 1958.
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-
(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
functions devolving on it by reason of the transfer to the Depart-
ment of State of functions heretofore performed by other Gov-
ernment agencies;
(4) to provide improvements in the recruitment and training
of the personnel of the Foreign Service;
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N SERVICE ACT AMEN
IG
20 FORE
(5) to provide that promotions leading to positions of author-
ity and responsibility shall be on the basis of merit and to insure
the selection on an impartial basis of outstanding persons for
such positions;
for the temporary appointlaent or assignment
id
e
(6) to prov
to the Foreign Service of representative and outstanding citizens
of the United States possessing special skills f,nd abilities;
(7) to provide salaries, allowances, and beiefits 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 comprehensiv,, framework for the
direction of the Foreign Service in accordance with modern
practices in public administration; and
(9) to codify into one Act all provisions o` 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 th., United States;
(2) "Secretary" means the Secretary of State;
(3) "Department" means the Department of 1L,tate;
(4) "Government agency" means any executiv1 department, board,
bureau, commission, or other agency in the exee,utive branch of the
Federal Government, or any corporation wholly owned (either directly
or through one or more corporations) by the United States;
(5) "Government" means the Government of the United States of
America;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" means all areas not included in t'ie continental United
h (6) of this section ;
ra
d i
p
n parag
States as define
(8) "Principal officer" means the officer in charge of an embassy,
legation, or other diplomatic mission or of a consulate general, con-
sulate, 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 mission of the
United Statcs, or any person assigned under th, terms of this Act to
be minister resident, charge d'affaires, commis-sioner, or diplomatic
agent.
TITLE II-GOVERNING BODIES FOR THE DIRECTION
OF THE SERVICE
PART A-OFFICERS
DIRECTOR GENERAL
SEC. 201. The Service shall be administered by a Director General
of the Foreign Service, hereinafter referred to as the Director Gen-
areermin ster or in class 1. Under Foreign e
Serlvi e officers in the class pointe
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w
Ic Ie nlted States
is a party.
SEC. 202. [Repealed by P.L. 73, 81st Cong. (63 Stat. 111; 22 U.S.C.
811a).]
PART B-BOARDS
general supervision of the Secretary and the Assistant Secretary of
State in charge of the administration of the Department, the Director
General shall, in addition to administering the Service and perform-
ing the duties specifically vested in him by this or any other Act, co-
ordinate the activities of the Service with the needs of the Department
and of other Government agencies and direct the performance by
officers and employees of the Service of the duties 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
h h tl U
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 Secre-
taries of State, designated by the Secretary to serve on the Board;
the Director General; and one representative each, occupying posi-
tions with comparable responsibilities, from the Departments of
Agriculture, 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 meet-
ings of the Board whenever matters affecting the interest of such de-
partment are under consideration.
(b) The Board of the Foreign Service shall make recommendations
to the Secretary concerning the functions of the Service; the policies
and procedures to govern the selection, assignment, rating, and pro-
motion of Foreign Service officers; and the policies and procedures 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
accordance 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 pro-
cedures 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.
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TITLE III-DUTIES
PART A-GENERAL DUT[ES
COMPLIANCE WITH TERMS OF STATUTES, INTER VATIONAL AGREEMENTS,
AND EXECUTIVE ORDERS
SEC. 301. Officers and employees of the E-ervice shall, under the
direction of the Secretary, represent abroad th-I interests of the United
States and shall perform the duties and comely with the obligations
resulting from the nature of their appointments or assignments or
imposed on them by the terms of any law or by any order or regula-
tion 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 administra-
tion of the Service.
DELEGATION OF AUTHORITY TO PRESCFSBE REGULATIONS
SEC. 303. In cases where authority to prescribe regulations relating
to the Service or the duties and obligations c f officers and employees
of the Service is specifically vested in the President by the terms of ANk.
th
i
h
e
ze
or
this or any other Act, the President may, nevertheless, aut
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 regula-
tions shall not preclude officers and employees of the Service from
acting for and on behalf of any such Government agency or establish-
ment whenever it shall, through the Dc artment, request their
services.
TITLE IV-CATEGORIES AND SALAF,IES OF PERSONNEL
PART A-CATEGORIES OF P;:RSONNEL
SEC. 401. The personnel of the Service shall consist of the following
categories of officers and employees :
(1) Chiefs of missions, who shall be appointed or assigned in accord-
ance with the provisions of section 501;
(2) Foreign Service officers, who shall be appointed in accordance
with section 511, including those serving as chiefs of mission;
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p
oyees who shall b
,e
appointed in accordance with the provisions of section 531 and who
shall include all personnel who are citizens of the United States, not
comprehended under paragraphs (1), (2), (3), and (6) of this sec-
tion, and who shall occupy positions with technical, administrative,
fiscal, clerical, or custodial responsibilities;
(5) Alien clerks and employees, who shall be appointed in accord-
ance with the provisions of section 541; and
(6) Consular agents, who shall be appointed in accordance with
the provisions of section 551.
(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 em
l
PART B-SALARIES
CHIEFS OF MISSIONS
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 as follows: Class 1, $27,500 per annum; class 2, $25,000; class 3,
$22,500; and class 4, $20,000.
FOREIGN SERVICE OFFICERS
SEC. 412. There shall be ten classes of Foreign Service officers, in-
'ftW eluding the classes of car
eer am
b
assador and of career
i
i
t
T
n
m
s
er.
he
per annum salary of a career ambassador shall be $20,000. The per
annum salary of a career minister shall be $19,250. The per annum
salaries of Foreign Service officers within each of the other classes
shall be as follows:
Class I____________________________ $16,060
Class 2
$16, 600
$16,940
$17,380
$17, 820
$18
200
$18
700
__________________________ _ 13,860
Class 3
14,190
14,520
14, 860
15,180
,
15
510
,
15
840
________________________11, 660
Class 4_
11, 990
12,320
12,650
12,080
,
310
`
,
13
640
_______________________9,900
Class 5
10,175
10,450
10,725
11,000
,
1
1: 275
,
11
550
____________________________ 8,140
Class 6__
8,415
8,690
,
8,965
,
9
240
0
515
,
0
790
__________________________ 6,710
Class 7____
6,930
7
150
7
370
7,590
,
7
810
,
8
030
________________________ 6,610
Class 8____
5, 775
5,940
6,105
6,270
,
6
435
,
6
600
________________________ 4.730
4,895
5, 060
5225
6,390
,
5,555
,
5,720
$5, 885
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 be is
appointed 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 Reserve
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) A 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 es a Reserve officer.
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 415. (a) There shall be [twenty-two] ten classes of Foreign
Service staff officers and employees, referred to hereafter as staff
officers and employees. The per annum [rates of salary] salaries
h-11
1- f11ws?
0
e as o
of staff officers and employees within each class s
Class
Class
--------------------------
2
10, 920 11,205
11,46D
11, 1-
885
11
165
Class
---
------------------------
3
10,030 10,320
10,600
10,
,
10
230
Class
-----
----------------------
4
9, 095 9,380
9,665
9, 945
,
315
9
$9
600
Class
-------
-------------------------
5
8,395 8,610
8,815
9,030
2
,
540
8
,
755
8
Class
---
-----------------------
6
7,690 7,905
8,120
5
8,3
,
840
7
,
050
8
Class
------
--------- ------------
7
6, 990 7,200
7,415
7,630
,
140
7
,
350
7
Class
-------
----------------------
8
6,285 6,495
6,710
6,925
,
435
6
,
650
6
Class
------
--------------------
9
5,585 5,795
6,005
6,220
,
755
5
,
970
5
175
$6
Class
---------
10
----------------
5,115 5,260
5,400
5,540
,
2
5
,
355
5
,
500
5
Class
------------
11
----------------
4,650 4,790
4,930
5,070
1
5,
45
,
890
4
,
025
5
Class
------------
12
--------------------
4,180 4,320
4,460
4,605
4,7
295
4
,
440
4
,
580
4
Class
--------
13
----------------
3,73o 3,870
4,010
4,155
,
,
010
4
,
155
4
Class
------------
14
--------------------
3,300 3,445
3,585
3,730
3,870
445
3
,
585
3
,
730
3
Class
--------
15
----------------
3,090 3,165
3,230
3,300
,
65
,
230
3
,
300
3
Cl
------------
16
------------
2,875 2,950
3,020
3,090
3,1
,
020
3
,
090
3
ass
Class
----------------
17----------------------------
o 735
o 80
2 875
2.950
,
,
Class
18------------
2
38(
455
2
520
2
2
590
2,660
Class
19------------
2, 240 2, 310
25
0
,
,
,
2,310
,
390
2,455
Class 20----------------------------
2,0
,
1,951
025
2
095
2
2,165
2,240
Class 21---------------------------
22
---
880
1
1,600 1,670
1,741
,
1,810
,
1, 880
1,955
2,025
Class
------------------------
510 $13
640
980 $13
12
-------------
1
Cl
,
,
,
$11,660 $11,990 $19,120 $19, 650 $
000 11
276 11
650
----------------------
ass
Class 9-----------------------------------
,
,
9;900 10,175 10,50 50 10,726 11,
965 9,240 9,516 9,790
x'90 8
0 75 8
0
1
4
Class 3-----------------------------------
Cl
------------
,
,
,
4
000 7, 996 7,40 50 7,675 7,900 8,195 8.850
7,
160 7
850
0 7
ass 4-----------------------
6
Cl
------------
,
,
6,160 6,850 6,, 160 6,750 6,95
800 6
500
00 6
ass
-----------------------
6
Cl
----------------
,
,
6, 800 5,500 5, '00 5,900 6,1
5
250 5
400 6
650
ass
-------------------
7
Cl
-------
,
,
,
4, 650 4, 800 4,. )50 5,100
100
950 6
800 4
ass
-------------------
Class 8--------------------------
,
,
4,200 4,850 4, 100 4, 650 4,
200 4,850 4,600 4, 650
4
)50 4
900
760 3
Class 9-----------------------------------
Class 10----------------------------------
,
,
,
3,600 3, roo 3,800 8,900 4,000 4,100
8F,300
(b) Notwithstanding the provisions of paragraph (a) of this section,
the Secretary may, under such regulations a1 he may prescribe, -fix the
salary at lesser rates than those prescribed by this section.' for the appli-
cable class of staff officers or employees who are recruited abroad and who
are not available or are not qualified for trans`er to another post.
SALARIES AT WHICH FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
MAY BE APPOINTED
SEC. 416. A person appointed as a staff officer or employee shall
receive [salary at the minimum rate provi-led for the class to which
appointed except as otherwise rovided in accordance with the pro-
visions of part E of this title. basic salary at one of the rates of the
class to which he is appointed which the ,`_!ecretary shall, taking into
account his qualifications and experience and the needs of the Service,
determine to be appropriate for him to receive.
(b) Whenever the Secretary determines thzt the needs of the Service
warrant the appointment of staff officers or employees in a particular
occupational group uniformly at a rate abode the minimum rate of the
applicable class, he may adjust the basic sc;lary of any staff officer or
employee in the same class and occupational group who is receiving less
than such established rate.
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 25
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[(b)]. The salary or compensation of an
alien clerk or employee fixed on a per annum basis may, notwithstand-
ing the provisions of any other law, be payable on a weekly or biweekly
basis. When a one- or two-week pay period of such a clerk or em-
ployee begins in one fiscal year and ends in another, the gross amount
of the earnings for such pay periods 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 CHARGES D'AFFAIRES AD INTERIM
SEC. 421. For such time as any Foreign Service officer shall be
authorized to act as charge d'affaires ad interim at the post to which
he is assigned, he shall receive, in addition to his basic salary as For-
eign Service officer, compensation equal to that portion of the differ-
ence 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 consul
or vice consul who is not a Foreign Service officer is temporarily in
charge of a consulate general or consulate during the absence or inca-
pacity of the principal officer, he shall receive, in addition to his basic
salary as Foreign Service officer or consul or vice consul, compensa-
tion 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 [the termination of time spent on authorized
leave, whichever shall be later,] upon termination of his service in
accordance with the provisions of paragraph (b) of this section, but
no chief of mission shall be entitled to receive salary while absent
*S. Rept. 980,86-1,
--4
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26 FOREIGN SERVICE ACT AMEND.YIENTS OF 1959
from his post whenever the Secretary shall find that such absence was
without authorization or justification. IF a chief of mission in one
position is appointed as chief of mission ii another position, he shall
be entitled to receive the salary pertaining to the new position com-
mencing on the effective date of the new appointment.
(b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until
he has relinquished charge of the mission [and has rendered such
additional services to the Department as the Secretary may require
to render in the interests of the Gov3rnment for a period not in
hi
m
excess of thirty days, exclusive of time sp ant in transit.] 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 service as he may deem necessary in the interests of the Government.
(c) During the service of a Foreign Service officer as chief of mis-
sion he shall receive, in addition to his. salary as Foreign Service
officer, compensation equal to the difference, if any, between such
salary and the salary of the position to which he is appointed or
assigned.
OTHER OFFICERS AND EMPLOYEES
SEC. 432. (a) Under such regulations as the Secretary may pre-
scribe, any officer or employee appointed to the Service may be entitled
to receive salary from the effective date of his appointment to the date
when he shall have returned to his place of residence at the conclusion
of the period of his official service, or tl e 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
before the end of its next session.
(c) A Foreign Service officer promo Led to a higher class shall
receive 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 lie is promoted f?orn the effective date of his
appointment to such class until the enc. of the next session. If the
Senate should reject or fail to confirir. the promotion of such an
officer during the session following the date of his promotion, the
Foreign Service officer shall, unless he has become liable to separation
in accordance with the provisions of section 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.
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 27
[CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE
[SEC. 441. Under such regulations as he may prescribe, the Secre-
tary shall classify all positions in the Service, including those positions
at foreign posts which may be held by career ministers, and shall
allocate all positions occupied or to be occupied by staff officers or
employees to classes and subclasses established by sections 415 and
442, respectively, and by alien employees and consular agents to such
classes as may be established by regulation.]
CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE AND IN THE
DEPARTMENT
See. 441. (a) Under such regulations as he may prescribe, and in
order to facilitate effective management, the Secretary shall classify all
positions in the Service at posts abroad, excluding positions to be occupied
by chiefs of mission, and in the case of those occupied by Foreign Service
officers, Reserve officers, and staff officers and employees, he shall estab-
lish such positions in relation to the classes established by sections 412,
414, and 416, 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,
notwithstandin the provisions of the Classification Act of 1949, as
amended (5 U.S.C. 1071 and the following), classify positions in or
under the Department which he designates as Foreign Service officer
positions to be occupied by goers and employees of the Service, and estab-
lish sh positions in relation to the classes established by sections 412,
414, and 415.
[ADMINISTRATIVE ESTABLISHMENT OF NEW GROUPS OF POSITIONS FOR
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
[SEC. 442. The Secretary may, whenever he deems such action to be
in the interests of good administration and warranted by the nature
of the duties and responsibilities of any group of positions occupied
or to be occupied by staff officers and employees in comparison with
other positions in the same class, establish by regulation for any such
group of positions a minimum salary computed at any one of the
rates of salary above the minimum for a given class but not in excess
of the middle rate provided for that class in section 415. Such groups
of positions shall, for the purposes of this Act, be known as sub-
classes.]
SEC. 443. The President may, under such regulations as he may
prescribe, establish rates of salary differential, not exceeding 25 per
centum of basic salary, for Foreign Service officers, Reserve officers,
and staff officers and employees assigned to posts involving extraor-
dinarily difficult living conditions, excessive physical hardship, or
notably unhealthful conditions. The Secretary shall prepare and
maintain a list of such posts.
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28 FOREIGN SERVICE ACT AMENDMENTS OF 1959
[CLASSIFICATION OF POSITIONS OF ALIEN 3LERI{S AND EMPLOYEES
[SEC. 444. (a) 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 alien clerks and emplcyyees of the Service, which
classes shall be established by regulation, and shall allocate all such
positions to the appropriate classes.
(b) All alien employees in an area of comparatively uniform wage
sees, and standards of living, occupying positions of equal respon-
sibility, shall receive equal pay except as there may be increase pro-
vided for length of service in accordance with uniform procedures.]
Sec. 444. (a) The Secretary shall, in acco-dance with such regulations
as he may prescribe, establish compensation plans for alien employees of
the Service: Provided, That 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 public interest.
(b) For the purpose of performing functions abroad, other Government
agencies are authorized to administer alien employee programs in accord-
ance with the applicable provisions of this Act.
SEC. 445. Upon the basis of the classification provided for in section
441, the Secretary shall, with the advice of the Board of the Foreign
Service, from time to time prepare schedules of salaries for classes of
positions of .consular agents, which classes shall be established by
regulation, and shall allocate all such positions to the appropriate
classes.
[EXEMPTION FROM THE APPLICATION OF THE CLASSIFICATION ACT
[SEC. 446. Title II of the Act of NovE.mber 26, 1940, entitled "An
Act extending the classified executive Divil 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 follow-
ing language: "Offices or positions of officers and employees of the
Foreign Service".]
ADMINISTRATIVE ESTABLISHMENT OF HAZI.RDOUS DUTY PAY FOR CERTAIN
CATEGORIES OF OFFICERS AYD EMPLOYEES
SEC. 446. The Secretary may, under such regulations as he may pre-
scribe, establish rates of salary diferentia 1, not exceeding 15 per centum
of basic salary, for officers or employee,, of the Service while they are
assigned for duty as couriers.
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TITLE V-APPOINTMENTS AND ASSIGNMENTS
POLICY
SEC. 500. It is the policy of the Congress that chiefs of mission and
Foreign Service officers appointed or assi
ned to
th
U
g
serve
e
nited 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.
PART A-PRINCIPAL DIPLOMATIC REPRESENTATIVES
APPOINTMENTS
SEC. 501. (a) The President shall, by and with the advice and con-
sent of the Senate, appoint ambassadors and ministers, including
career ambassadors and career ministers.
(b) The President may, in his discretion, assign any Foreign Service
officer to serve as minister resident, chargo d'affaires, commissioner,
or diplomatic agent for such period as the public interest may require.
LISTS OF FOREIGN SERVICE OFFICERS QUALIFIED TO IBE CAREER MINIS-
TERS 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)
rendered 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 per-
tinent information about such officers, in order to assist the President
in selecting qualified candidates for appointment or assignment in
such capacity.
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PART B-FOREIGN SERVI:E OFFICERS
APPOINTMENT!;
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 ai. 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 tic limits of consular districts.
ASSIGNMENTS AND TI.ANSFERS
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 cldef of mission or in any con-
sular position, and he may also be assigned to serve in any other
capacity in which he is eligible to serve L rider 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 S -,rvice may require.
CITIZENSHIP REQUIREMENTS
SEC. 515. No person shall be eligible i'or appointment as a Foreign
Service officer unless he is a citizen of the United States and has been
such for at least ten years.
ADMISSION TO CLASS [8] 7 OR 8
SEC. 516. (a) No person shall be eligible for appointment as a For-
eign Service officer of class 8 unless he ias 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 de nnonstrated his loyalty to the
Government of the United States and his attachment to the principles
of the Constitution. The Secretary shall furnish the President with
the names of those persons who have passed such examinations and are
eligible for appointment as Foreign Ser,rice 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 ap-
pointment as Foreign Service officers of class 8, whom he recommends
,for appointment directly to class 7 when, in his opinion, their age, ex-
perience, or other qualifications make such an appointment appropriate.
ADMISSION TO CLASSES 1 TO 7, INCLUSIVE
SEC. 517. [A person who has not served in class 8] A person who
has not been appointed as a Foreign SE reice officer in accordance with
section 516 of this Act shall not be eligible for appointment as a Foreign
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Service officer of classes 1 to 7, inclusive, unless he has passed com-
prehensive mental and physical examinations prescribed byf the Board
of examiners for the Foreign Service to determine his fitness an
NOW, d
aptitude for the work of the Service; demonstrated his loyalty to the
Government of the United States and his attachment to the principles
of the Constitution; and rendered at least four years of actual service
prior to appointment in a position of responsibility in the service of a
Government agency, or agencies, except that, if he has reached the
age of thirty-one ears, the requirement as to service may be reduced
to three years. After the date of enactment of the Foreign Service
Act Amendments of 1955 and until otherwise provided by Act of Con-
gress, not more than one thousand two hundred and fifty person who
have not.served in class 8 may be appointed to classes 1 to 7, inclusive;
of such persons, not more than one hundred and seventy-five may be
appointed who were not employed on March 1, 1955, in the Depart-
ment, including its Foreign Service Reserve and Foreign Service Staff
.personnel, and who have not also served in a position of responsibility
In the Department, or the service, or both, for the required perior prior
to appointment as a Foreign Service officer. Notwithstanding the
above provisions of this section, the limitation on the maximum num-
ber of appointments authorized herein shall not be applicable in the
case of any person appointed or assigned by the Secretary of State as
a Foreign Service Reserve officer and who thereafter has served in a
position of responsibility in such capacity for the required perior prior
to appointment as a Foreign Service officer.] 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
Service officers of classes 1 to 7, inclusive. The Secretary shall, taking
into consideration the age, qualifications, and experience of each can-
''r'' didate 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 avid of any period of authorized
leave, a Foreign Service officer has not again been appointed or as-
signed as chief of mission or assigned in accordance with the provi-
sions of section 514, he shall be retired from the Service and receive
retirement benefits in accordance with the provisions of section 821.
[REINSTATEMENT AND RECALL] REAPPOINTMENT, RECALL, OR
REEMPLOYMENT OF FOREIGN SERVICE OFFICERS
SEC. 502. (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 [by reason of appoint-
ment to some other position in the Government service and who has
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served continuously in the Government up to the time of reinstate-
ment]. The Secretary shall, taking into consideration the qualifica-
tions 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 accorda -ice with the provisions of
this section.
Secretary shall determine an emergency to exist,
t
(b) [Whenever
he
the Secretary may recall any retired F( reign Service officer tem-
porarily to active service.] The Secretary may recall any retired
Foreign Service officer temporarily to duty in the Service whenever he
shall determine such recall is in the public i'2.terest.
(c) Notwithstanding the provisions of tale 5, United States Code,
section 62, and title 5, United States Co(de, section 715a, a Foreign
Service officer heretofore or hereafter retir 3d under the provisions of
section 631 or 632 or a Foreign Service staif officer or employee here-
after retired under the provisions of section 803 shall not, by reason of
his retired status, be barred from employment in Federal Government
service in any appointive position for whici, he is qualified. An annu-
itant so reemployed shall serve at the wi`,l of the appointing officer.
PART C-FOREIGN SERVICE R7:SERVE OFFICERS
ESTABLISHMENT OF RESERVE
SEC. 521. In accordance with the term., of this Act and under such
regulations as the Secretary shall prescril)e, there shall be organized
and maintained a Foreign Service Reserve, referred to hereafter as
the Reserve.
APPOINTMENTS AND ASSIGNMENTS TO THE RESERVE
SEC. 522. Whenever the services of a person who is a citizen of
the United States and who has been such for at least five years are
required by the Service, the Secretary mf,y-
(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 tho Foreign Service shall deem
to have outstanding qualifications; and
(2) assign as a Reserve officer fcr 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
Government agency other than the Department of State, to the
consent of the head of the agency concerned.
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 hosts 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, qua ifications, and experience.
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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 con-
sular capacity, he may recommend to the President that such officer
be commissioned as a diplomatic or consular officer or both. The Pres-
ident may, by and with the advice and consent of the Senate, com-
mission 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 comparable importance shall be provided to permit Reserve
officers to carry out their duties effectively.
[ACTIVE DUTY
[SEC. 525. The Secretary shall by regulation define the period dur-
ing which a Reserve officer shall be considered as being on active
duty.]
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 offi-
cer assigned from any Government agency, such person shall be en-
titled 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 reinstate-
ment 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 [subsection (d), section 7, of the Clas-
sification Act of 1923], 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 ad-
vancements.
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PART D-FOREIGN SERVICE STAFF OF+ICERS AND EMPLOYEES
SEC. 531. The Secretary [shall appoint staff officers and employees
under such regulations as lie may prescribe and, as soon as practicable,
in accordance with the provisions of sectio:is 441, 442, and 443.] may,
under such regulations as he may prescribe, appoint staff officers and
employees on the basis of qualifications anc', experience. The Secretary
may make provisions for temporary, limited, and such other types of
appointment as he may deem necessary. He is authorized to establish
appropriate probationary periods during t hich newly appointed staff
officers or employees, other than those appoi~ited for temporary or limited
services shall be required to serve. The Secretary may terminate at any
time, without regard to the provisions of section 637, or the provisions of
any other law, staff officers or employees appointed for temporary or
limited service and staff officers or employees who have not completed
probationary periods, except that if such separation is by reason of mis-
conduct the provisions of section 637 shall bd applicable.
ASSIGNMENTS AND TRr,NSFERS
SEC. 532. [The Secretary may, in accordance with uniform pro-
cedures established in such regulations as he may prescribe, assign
a staff officer or employee to a position at any post and transfer
such a person from a position in one class to a vacant position within
the same class, and from one post to another. Upon demonstration
of ability to assume duties of greater responsibility, such person may,
as provided in section 641, be promoted to I vacant position in a higher Aft
class at the same or at a higher rate of salary and he may be transferred
from one post to another in connection w:th such promotion.] Under
such regulations as he may prescribe, the secretary may assign a staff
officer or employee to any post or he may assign him to serve in any
position in which he is eligible to serve under the terms of this or any
other Act. A staff officer or employee nay 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 consen~ of the Senate, commission
a staff officer or employee as consul. The Secretary may commission
a staff officer or employee as vice consul. Official acts of staff officers
or employees while serving under consular commissions in the Service
shall be performed under their respecti1re 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.
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 35
SEC. 541. The Secretary shall appoint alien clerks and employees
at posts abroad under such regulations as he may proscribe and, as
soon as practicable, in accordance with the provisions of section 444.
SEC. 542. The Secretary may assign an alien clerk or employee to a
position at any post, and any such clerk or employee may be trans-
ferred from a position at one post to a position at another as the
interests of the Service may require.
PART F-CONSULAR AGENTS
SEC. 551. The Secretary may appoint consular agents tinder such
regulations as he may prescribe and, as soon as practicable, in accord-
ance with the provisions of section 445.
ASSIGNMENTS TO ANY GOVERNMENT AGENCY OR INTERNATIONAL
. ORGANIZATION
SEC. 571. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed for duty in any
Government agency, or in any international organization, interna-
*qw tional commission, or international body, such an assignment or com-
bination of assignments to be for a period of not more than four
years, except that under special circumstances the Secretary may
extend this four-year period for not more than four additional years.
[(b) A,Foreign Service officer may be appointed as Director Gen-
eral, notwithstanding the provisions of the last sentence of para-
graph (a) of this section, but any such officer may not serve longer
than four years in such position or positions and upon the completion
of such service may not again be assigned to a position in the Depart-
ment until the expiration of a period of time equal to his tour of duty
as Director General or until the expiration of two years, whichever
is shorter.]
[(c)] (b) If a Foreign Service officer shall be appointed by the
President, by and with the advice and consent of the Senate, [to a
position,] 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 [for duty] within the meaning of para-
graph (a) of this section and such person shall not, by virtue of the
acceptance of such an assignment, lose his status as a Foreign Service
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officer. Service in such a position shall not, however, be subject to
the limitations concerning the duration of an a, signment [or concern-
ing reassignment] contained in that paragraph. [Any Foreign Serv-
ice officer who resigned from the Service, or retired in accordance with
section 636 of this Act on or after November 14, 1957, but prior to
for the purpoie of accepting an im-
t of this sentence
t
,
men
the enac
mediate appointment to such a position, shall be considered as having
been assigned to such other position under authority of this section
as amended. Appropriate adjustment at the election of the officer
may be made with respect to special contributions deposited im-
mediately prior to resignation or retirement by any such officer under
title VIII of this Act on salaries in excess of $:_3,500.]
[(d)] (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 en-
titled to receive as an officer or employee of the, Service, such officer or
employee shall, during the period such dif rence in salary exists,
receive the salary and allowances of the positio a in which he is serving
ill 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 [paid from appropriations made available for the payment of sal-
aries of officers and employees of the Service f,nd shall be] the salary
on the basis of which computations and pay.nents shall be made in
accordance with the provisions of title VIII. No officer or employee
of the Service who, subsequent to the effective dote of the Foreign Service
Act Amendments of 1959, is assigned to, or wao, after June 80, 1960,
occupies a osition in the Department that is designated as a Foreign
Service Officer position, shall be entitled to receive a salary differential
h
.
under the provisions of this paragrap
[(e)] (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
Service. Such appropriations maybe reimbursed, however, when the
Secretary enters into reimbursement agreeme ats [with heads of Gov-
ernment agencies] for all or any part of the :alaries of officers or em-
ployees assigned to such agencies and payment 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.
(e) Any Foreign Service officer or employe,, assigned to duty in the
continental Limited States between assignments abroad, and any Foreign
Service officer of class 7 or 8 assigned to duty in the continental United
States prior to assignment abroad shall receive, during the course of such
period of assignment, a differential applied to basic salary of 8 per
centum if without dependents, 11 per centum ij' with one to three depend-
ents, and 18 per centum if with more than three dependents to assist in
defraying the cost of quarters.
COMPULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN THE CONTI-
NENTAL UNITED STATES
SEC. 572. Every Foreign Service officer stall, during his first fifteen
years of service in such capacity, be assigned for duty in the conti-
nental United States in accordance with the provisions of section 571
for periods totaling not less than three year.,..
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ASSIGNMENT FOR CONSULTATION OR INSTRUCTION
SEC. 573. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either at the commence-
ment, during the course of, or at the close of the period of his official
service; and any such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within
the meaning of section 571.
(b) Any officer or employee of the Service may be assigned or
detailed 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, AGRICULTURAL, SCIENTIFIC, OR
OTHER CONFERENCES
SEC. 574. An officer or employee of the Service may, in the discretion
of the Secretary, be assigned or detailed for duty with domestic or
international trade, labor, agricultural, scientific, or other conferences,
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 Depart-
ment.
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 co-
operation with the government of another country in accordance
[with the provisions of the Act of May 25, 1938, as amended (52 Stat.
442; 53 Stat. 652; 5 U.S.C. 118e).] with the appropriate provisions of
titles III and IX of Public Law 402, 80th Congress (62 Stat. 7 and 13;
22 U.S.C. 1451-1453, 1478 and 1179).
[ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS
[SEC. 576. The Secretary may, in his discretion, assign or detail an
officer or employee of the Service for temporary service to or in co-
operation with an international organization in which the United
States participates under the same conditions as those governing the
assignment or detail of officers or employees of the Service to the gov-
ernment of another country in accordance with the provisions of the
Act of May 25, 1938, as amended (52 Stat. 442; 53 Stat. 652; 5 U.S.C.
118e).
[ASSIGNMENT OR DETAIL TO THE UNITED STATES NOT TO AFFECT
PERSONNEL CEILINGS
[SEC. 577. An officer or employee of the Service assigned or detailed
to the continental United States in accordance with the provisions of
this Act shall not be counted as a civilian employee within the mean-
ing of section 607 of the Federal Employees' Pay Act of 1945, as
amended by section 14 of the Federal Employees' Pay Act of 1946.]
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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: PrcFided, That the Secretary
or Deputy Under Secretary for Administrc?tion may make exceptions
to this requirement for individuals or when opecial or emergency condi-
tions exist. The Secretary shall establish foreign language standards for
assignment abroad of officers and employee ~ of the Service, and shall
arrange for appropriate language training of such officers and employees
at the Foreign Service Institute or elsewhere.
TITLE VI-PERSONNEL ADMINISTRATION
PART A-DEFINITIONS
SEC. 601. For the purposes of this title-
(1) "Efficiency record" is the term which describes those materials
considered by the Director General to be pertinent to the preparation
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
officer or by a Foreign Service inspector in accordance with such
regulations as may be prescribed by the Secretary.
PART B-EFFICIENCY F,ECORDS
RESPONSIBILITY OF THE DIRECTOR GENErAL FOR THE KEEPING OF-
EFFICIENCY RECORDS
SEC. 611. The Director General, actin?, under the general direc-
tion of the Board of the Foreign Service, ;;hall be responsible for the
keeping of accurate and impartial efficienc:T records. Under his direc-
tion there shall be assembled, recorded, end preserved all available
information in regard to the character, ability, conduct quality of
work, industry, experience, dependability, and general usefulness of
all officers and employees of the Service, including the reports of For-
eign Service inspectors and the efficiency re;)orts of supervising officers.
The Director General shall undertake E.uch 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 per-
taining 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 committ ses of the Congress charged
with considering legislation and appropriations for the Service or
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representatives 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
Secretary to work on such records. Under such regulations as the
Secretary may prescribe and in the interest of efficient personnel
administration, 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 SERVICE 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.
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 mini-
mum period in class as a prerequisite to promotion, and the Secretary
may exempt such officer from such requirement.
RECOMMENDATIONS FOR PROMOTIONS
SEC. 623. The Secretary is authorized to establish, with the advice
of the Board of the Foreign Service, selection boards to evaluate the
performance of Foreign Service officers, and upon the basis of their
findings the Secretary shall make recommendations to the President
for the promotion of Foreign Service officers. No person assigned
to serve on any such board shall serve in such capacity for any two
consecutive years.
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.
[IN-CLASS PROMOTIONS OF FOREIGN SERVICE OFFICERS AND RESERVE
OFFICERS] WITHIN-CLASS SALARY INCREASES OF FOREIGN SERVICE
OFFICERS AND RESERVE OFFICERS
SEC. 625. Any Foreign Service officer or any Reserve officer, whose
services meet the standards required for the efficient conduct of the
work of the [Foreign] Service and who shall have been in a given
class for a continuous period of nine months or more, shall, on the first
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day of each fiscal year, receive an incref,se in salary to the next higher
rate for the class in which he is serving. Without regard to any other
law, the Secretary is authorized to grant to [a Foreign Service officer
or a Reserve officer, in any class,] any such officer additional increases
in salary, within the salary range established for the class in which he
is serving, based upon especially merito:?ious service.
RELATIONSHIP BETWEEN PROMOT EONS AND FUNCTIONAL
AND GEOGRAPHIC AREA SPECIALIZATION
SEC. 626. The achievement of the objectives of this Act requires in-
creasing numbers of Foreign Service Qf,,ers 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 [FOREIGN SERVICE] OFFICERS
AND EMPLOYEES FROM "HE SERVICE
FOREIGN SERVICE OFFICERS WHO ARE CAREER AMBASSADORS OR
CAREER MINISTERS
SEC. 631. Any Foreign Service officer who is a career ambassador
or a career minister, other than one occupying a position as chief of
mission [, shall, upon reaching the age A sixty-five, be retired from
the Service and receive retirement benefits in accordance with the pro-
visions of section 821, but whenever the Secretary shall determine an
emergency to exist, he may, in the public interest, extend such an
officer's service for a period not to exceed five years.] or any other
position to which he has been appointed l y the President, by and with
the advice and consent of the Senate, shall upon reaching the age of
sixty-five, be retired from the Service and receive retirement benefits in
accordance with the provisions of section 8FJ1, but whenever the Secretary
shall determine it to be in the public interest, he may extend such an
officer's service for a period not to exceed five years.
FOREIGN SERVICE OFFICERS WHO ARE NOT CAREER AMBASSADORS
OR CAREER MINIS rERS
SEC. 632. Any Foreign Service officer I:who is not a career ambas-
sador or a career minister shall, upon r( aching the age of sixty, be
retired from the Service and receive retirement benefits in accordance
with the provisions of section 821 but wh,,n the Secretary shall deter-
mine an emergency to exist, he may, in the public interest, extend
such an officer's service for a period not ~o exceed five years.], other
than one occupying a position as chief of i2ission or any other position
to which he has been appointed by the Pr sident, by and with the ad-
vice and consent of the Senate, who is net a career ambassador or a
career minister shall, upon reaching the c;ge of sixty, be retired from
the Service and receive retirement benefits in accordance with the pro-
visions of section 821, but whenever the Secretary shall determine it to
be in the public interest, he may extend such an officer's service for a
period not to exceed five years.
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FOREIGN SERVICE ACT AMENDMENTS OF 1959
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
remain 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 in his class shall be retired from the Service and receive benefits
in accordance with the provisions of section 634.
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 retired
from the Service in accordance with the provisions of section 633 shall
receive-
(1) one-twelfth of a year's salary at his then current salary
rate for each year of service and proportionately for a fraction
of a year, but not exceeding a total of one year's salary at his
then current salary rate, payable without interest, from the For-
eign Service Retirement and Disability Fund, in three equal in-
stallments on the 1st day of January following the officer's retire-
ment and on the two anniversaries of this date immediately
following. Provided, That in special cases, the Secretary may in
his discretion accelerate_ or combine the installments; and
(2) a refund of the contributions made to the Foreign Service
Retirement and Disability Fund, with interest [thereon at 4 per
centum, compounded annually, except that in lieu of such refund
such officer may elect to receive retirement benefits on reaching
the age of sixty-two, in accordance with the provisions of section
821. In the event that an officer who was separated from classes
4 or 5 and who has elected to receive retirement benefits dies
before reaching the age of sixty-two, 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 classes 6 and 7 and who
has elected to receive retirement benefits dies before reaching the
age of sixty-two, the total amount of his contributions made to the
Foreign Service Retirement and Disability Fund, with interest
thereon at 4 per centum, compounded annually, shall be paid in
accordance with the provisions of section 841.] as provided in
section 841(a), except 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 mili-
tary or naval service that is credited in accordance with the provisions
of section 851 or 852(a), may elect to receive retirement benefits on
reaching the age of sixty in accordance with the provisions of section
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821. In the event that an officer who was separated from class 4 or
6 and who has elected to receive retirement benefits dies before reaching
the age of sixty, his death shall be cons,.dered 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 iias elected to receive retirement
benefits dies before reaching the age of sixty, the total amount of
his contributions made to the For sign Service Retirement and
Disability Fund, with interest as provided in section 841 (a), shall
be paid in accordance with the provi,ions of section 841 (b).
(c) Notwithstanding the provisions o 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 r( tired 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 She 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 t )e Secretary of the Treasury
by the officer executing the assignment.
FOREIGN SERVICE OFFICERS RETIRE:) FROM CLASS [8] 7 OR 8
SEC. 635. [Any Foreign Service officer in class 8 shall occupy proba-
tionary status. The Secretary may terminate his service at any time.]
Any Foreign Service officer in class 7 who is appointed under the prom-
may class
sions section 516(b) any Foreign
his servi
occupy probationary status. he Se ce
at any time.
VOLUNTARY RETIREMENT
SEC. 636. [Any Foreign Service officer] Any participant in the
Foreign Service Retirement and Disability System who is at least fifty
years of age and has rendered twenty yE ars of service, including nser and
within the meaning of section 853, m?ey on his own app
with the consent of the Secretary be rrtired from the Service and re-
ceive benefits in accordance with the provisions of section 821.
SEPARATION FOR [UNSATISFACTORY P:1RFORMANCE OF DUTY] CAUSE
SEC. 637. (a) The Secretary may, under such regulations as he may
prescribe, separate from the Service any Foreign Service officer
[above class 8 on account of the un? atisfactory performance of his
duties; but no such officer 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.], j?eserve officer, or staff officer or
employee, on account of the unsatisfactory 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 unsatisfactory performance of his duties, or other
cause for separation, shall have been established at such hearing, unless
officers of class 8s or any
he shall have this section shall v not apply a to Foreign Service hearing.
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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 Foreign Service officer over forty-five years of age, sep-
arated from the Service in accordance with the provisions of para-
graph (a) of this section, shall be retired upon an annuity computed
in accordance with the provisions of section 821 but not in excess of
25 per centum of his per annum salary at the time of his separation.]
Any participant in the Foreign Service Retirement and Disability Sys-
tem separated under the provisions of paragraph (a) of this section shall
receive a refund of the contributions made to the Foreign Service Retire-
ment and Disability Fund, with interest, as provided in section 841 (a)
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 that is credited in accordance with the provisions of section
851 or 852(a), elect to leave his contributions in the Fund and receive an
annuity, computed as prescribed in section 821 commencing at the age
of sixty years. In the event that an officer who has elected under the pro-
visions of this section to receive a deferred annuity dies before reaching
the age of sixty, his contributions to the Fund, with interests, shall be
paid in accordance with the provisions of sections 841 and 881.
(c) [Any Foreign Service officer under forty-five years of age, sep-
arated from the Service in accordance with the provisions of paragraph
(a) of this section, shall at the time of separation receive a payment
equal to one year's salary or the refund of the contributions made by
him to the Foreign Service Retirement and Disability Fund, which-
ever shall be greater.] Any officer or employee of the Service separated
under the provisions of paragraph (a) of this section who is not a partici-
pant in the Foreign Service Retirement and Disability System shall be
entitled only to such benefits as shall accrue to him under the retirement
system in which he is a participant.
[(d) Any payments made in accordance with the provisions of this
section shall be made out of the Foreign Service Retirement and
Disability Fund.]
(d) Any payments made in accordance with the provisions of para-
graph (b) of this section shall be made out of the Foreign Service Retire-
ment and Disability Fund.
[SEPARATION FOR MISCONDUCT OR MALFEASANCE
[SEC. 638. The Secretary shall separate from the Service any For-
eign Service officer or Reserve officer who shall be guilty of misconduct
or malfeasance in office, but no such officer 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
establish at such hearing. Any officer separated from the Service
in accordance with the provisions of this section shall not be eligible
to receive the benefits provided by title VIII of this Act, but his
contributions to the Foreign Service Retirement and Disability Fund
shall be returned to him in accordance with the provisions of section
841(a).]
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TERMINATION OF LIMITED APPOINTMENT3 OF FOREIGN SERVICE RESERVE
OFFICERS AND STAFF OFFICERS AND EMPLOYEES
Sec. 688. Notwithstanding the provisions of this or any other law, the
Secretary may, under such regulations a:; he may prescribe, terminate at
any time the services of any Reserve oflscer 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.
This section shall not modify the co7,ditions of employment of, and
shall not be applicable to, staff officers who accepted Reserve officer
appointments during the period from Sepi ember 1, 1958 through December
81, 1958.
PART E-PROMOTION OF FOREIGN SERVICE STAFF OFFICERS AND
EMPLOYEES
CLASS PROMOTION OF STAFF PERSONNEL
SEC. 641. [Any staff officer or employee may, in accordance with
uniform procedures established in regulations prescribed by the Sec-
retary, upon demonstration of ability to assume duties of greater re-
sponsibility, be promoted to a vacant position in a higher class at the
same or at a higher rate of salary.] All promotions of staff officers and
employees to a higher class shall be made, at a higher salary on the basis
of performance and merit in aceordan?e with such regulations as the
Secretary may prescribe.
[IN-CLASS PROMOTIONS OF STAFF OFFICERS AND EMPLOYEES]
WITHIN CLASS AND LONGEVITY SALARY INCREASES
SEC. 642. [In-class promotion of stiff officers and employees shall
be granted in accordance with regulations prescribed by the Secre-
tary.] (a) Under such regulations as he 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 serv-
ing, based upon especially meritorious service.
(b) Under such regulations as the S(:cretary may prescribe, any staff
officer or employee who has attained the maximum salary rate prescribed
by section 415 for the class in which he is serving may be granted from
time to time an additional salary increase beyond the maximum salary
rate for his class in recognition of longevity and proficiency in the Service.
Each such salary increase shall be equal to the maximum salary rate of
the applicable, class and no person shall i eceive more than four such salary
increases while serving in the same class.
[PART F-SEPARATION OF STAFF OFFICERS AND EMPLOYEES
FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 651. The Secretary may, unc.er such regulations as he may
prescribe, separate from the Service any staff officer or employee on
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 45
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
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.
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.
SIC. 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-INSPECTIONS
SEC. 681. The Secretary shall assign or detail Foreign Service offi-
cers as Foreign Service inspectors to inspect in a substantially uniform
manner and at least once every two years the work of the diplomatic
and consular establishments of the United States. Whenever the Sec-
retary 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 administer the office in
the place of the principal officer fora period not exceeding ninety days.
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The Secretary may also authorize a Foreign Service inspector to sus-
pend any diplomatic officer except a chief of mission. A Foreign
Service inspector shall have the authority to suspend any other officer
or employee of the Service.
SEC. 701. The Secretary shall, in order to furnish training and in-
struction to officers and employees of the E ervice 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 progr?,ms of study incidental to
such training, establish a Foreign Service Institute, hereinafter called
the Institute. The Secretary may also provide to the extent that space is
available therefor appropriate orientation and language training to spouses
of officers and employees of the Government io anticipation of the assign-
ment abroad of such officers and employees. Other agencies of the Gov-
ernment shall wherever practicable avoid du olicating 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 DUTIES
SEC. 702. The head of the Institute, who shall be known as its Di-
rector, shall be appointed by the Secretary. The Director shall, under
the general supervision of the Director General and under such regu-
lations as the Secretary may prescribe; e~ tablish the basic procedures
to be followed by the Institute; plan and. provide for the general na-
ture of the training and instruction to b; furnished at the Institute;
correlate the training and instruction to be furnished at the Institute
with the training activities of the Department and other Government
agencies and with courses given at private institutions that are de-
signed or may serve to furnish training and instruction to officers and
employees of the Service; encourage and foster such programs outside
of the Institute as will be complementary to those of the Institute;
and take such other action as may be inquired for the proper admin-
istration of the Institute.
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 b;r authority of this title.
APPOINTMENT, ASSIGNMENT, AND ')ETAIL TO THE INSTITUTE
SEC. 704. (a) The Secretary may appoint to the faculty or staff of
the Institute on a full- or part-time l asis such personnel as he may
deem necessary to carry out the provisions of this title in accordance
with the provisions of the civil-servic,, laws and regulations and the
Classification Act of 1923, as amended, except that, when deemed
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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 1923, as amended.
All appointments to the faculty or staff of the Institute shall be made
without regard to political affiliations and shall be made solely on the
basis of demonstrated interest in, and capacity to promote, the pur-
poses 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 servo on the faculty or staff of the Institute or to
receive 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 re-
ceive 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 detail
of persons to serve on the faculty or staff of the Institute, and the
Secretary shall in each case take such recommendations into consid-
eration in making such appointments, assignments, or details.
(e) The Secretary may, under such regulations as he may prescribe,
in the absence of suitably qualified United States citizens, employ per-
sons who are not citizens of the United States by appointment to the staff'
of the Institute either on a full- or part-time basis or by contract for
services in the United States or abroad at rates not in excess of those
provided by the Classification Act of 1949, as amended (5 U.S.C. 1071).
(f) The Secretary may, under such regulations as he may prescribe,
provide special monetary or other incentives not inconsistent with this
Act to encourage Foreign Service personnel to acquire or retain pro-
ficiency in esoteric foreign languages or special abilities needed in the
Service.
SEC. 705. The Secretary may, under such regulations as he may pre-
scribe, 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, agricultural, 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.
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SEC. 707. The Secretary may, in th, name of the United States, ac-
quire such real property as may be r.ecessary for the operation and
maintenance of the Institute and, wi',hout regard to section 3709 of
the Revised Statutes, such other pros erty and equipment as may be
necessary for its operation and maintenance.
TITLE VIII-THE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM
SEC. 801. (a) The President may prescribe rules and regulations
for the maintenance of a Foreign Service Retirement and Disability
System, originally established by sec ;ion 18 of the Act of May 24,
1924 (43 Stat. 144), referred to hereaf ter 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.
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 ofMay 24, 1924 (43 Stat.:.44).
SEC. 803. (a) The following persons, hereafter referred to as par-
ticipants, shall be entitled to the benefits of the System:
(1) All Foreign Service officers;
(2) All other persons making contributions to the Fund on the
effective date of this Act;
(3) Any chief of mission who is not otherwise entitled to be a par-
ticipant and who fulfills the conditions of paragraph (b) of this section;
(b) A person to become a participant in accordance with the pro-
visions of paragraphs (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 sectio a 853; and
(2) [have paid into the Fund a special contribution equal to
5 per centum of his basic salary fcr each year of such service with
interest thereon to date of payment, compounded annually at
4 per centum.3 have paid into the Fund a special contribution for
each year of such service in accordance with the provisions of section
85,2(b).
(c) (1) In accordance with such regulations as the President may
prescribe, any Foreign Service staff ofiler or employee appointed by the
Secretary of State who has completed at least ten years of continuous
service in the Department's Foreign Service, exclusive of military service,
shall become a participant in the System and shall make a special contri-
bution to the Fund in accordance with 6e provisions of section 852.
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(2) Any such officer or employee who, under the provisions of para-
graph (c) (1) of this section, becomes a participant in the System, shall
be mandatorily retired for age during the first year after the effective date
of this section if he attains age sixty-four or if he is over age sixty-four;
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.
(3) Any officer or employee who becomes a participant under the
provisions of paragraph (c) (1) of this section, who is age 61 or over on
the effective date of this section, and who is retired mandatorily under
the provisions of paragraph (c) (2) of this section, shall receive, in addition
to retirement benefits under section 821, one-twelfth of a year's salary at
his then current rate for each year of service and proportionately for a
fraction of a year, but not exceeding a total of one year's salary at his then
current salary, rate, payable without interest, from the Fund, at the time
of his retirement.
SEC. 804. [Annuitants shall be persons who are receiving annuities
from the Fund on the effective date of this Act, persons who shall
become entitled to receive annuities in accordance with the provisions
of sections 519, 631, 632, 634, 636, 637, 831, 832, and 833, and all
widows and beneficiaries of participants who are entitled to receive
annuities in accordance with the terms of this title.] (a) Annuitants
shall be persons who are receiving annuities from the Fund on the effective
date of this Act and all persons, including surviving wives and husbands,
widows, dependent widowers, children, and beneficiaries of participants
or annuitants who shall become entitled to receive annuities in accordance
with the provisions of this Act, as amended, or in accordance with the
provisions of section 5 of the Act of May 1, 1956 (70 Stat. 125).
(b) When used in this title the term-
(1) "Widow" means surviving wife of a participant who was married
to such participant for at least two years immediately preceding his death
or is the mother of issue by such marriage.
(2) "Dependent widower" means the surviving husband of a participant
who was married to such participant for at least two years immediately
preceding her death or is the father of issue by such marriage, and who is
incapable of self-support by reason of mental or physical disability, and
who received more than one-half of his support from such participant.
(3) "Child" means an unmarried child, under the age of 18 years, or
such unmarried child regardless of age who because of physical or mental
disability incurred before age 18 is incapable of self-support. In addition
to the ospring of the participant and his or her spouse the term includes
(a) an adopted child, and (b,) a step-child or recognized natural child who
received more than one-half of his support from the participant.
PART B-COMPULSORY CONTRIBUTIONS
[SEC. 811. Five per centum of the basic salary received by each
participant shall be contributed to the Fund, and the Secretary of the
Treasury is directed to cause such deductions to be made and the sums
transferred on the books of the Treasury Department to the credit of
the Fund for the payment of annuities, cash benefits, refunds, and
allowances.]
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SEC. 811. (a) Six and one-half per c(ntum of the basic salary received
by each participant shall be contributed to the Fund for the payment of
annuities, cash benefits, refunds, and a!lowanees. An equal sum shall
also be contributed from the respective. 2ppropriation or fund which is
used for payment of his salary. The am )ants deducted and withheld from
basic salary together with the amounts sc contributed from the appropria-
tion or fund, shall be deposited by the De;)artment of estate in the Treasury
of the United States to the credit of the q und.
(b) Each participant shall be deeme 1 to consent and agree to such
deductions from basic salary, and payrnent less such deductions shall
be a full and complete discharge and aquittance of all claims and de-
mands whatsoever for all regular servicss during the period covered 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.
PART C-COMPUTATIOD' OF ANNUITIES
SEC. 821. (a) The annuity of a participant shall be equal to 2 per
centum of his average basic salary fc r the highest five consecutive
years of service, for which full contrik utions have been made to the
Fund, multi lied by the number of years [service], not exceeding
thirty-five [years.], of service credit obtained in accordance with the
provisions of sections 851, 852, and 863. However, the highest five
years of service for which full contributions have been made to the
Fund shall be used in computing the annuity of any [Foreign Service
officer] 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 deterriining 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.
(b) [At the time of his retirement, participant, if the husband of
a wife to whom. he has been married. ;'or at least three years or who
is the mother of issue by such marriage, may elect to receive a re-
duced annuity for himself and to prDvide for an annuity payable
to his widow, commencing on the dat-, following his death and con-
tinuing as long as she may live. The annuity payable to his widow
shall in no case exceed 25 per centum of his average basic salary as
computed in accordance with subsect on (a) of this section, or 66%
per centum of his reduced annuity. If the age of the participant is
less than the age of the wife or exceeds her age by not more than
eight years, the annuity of the participant will be reduced by an
amount equal to one-half of the annuity which he elects to have paid
to his widow. If the age of the participant exceeds the age of the wife
by more than eight years, the annuitir of the participant will be re-
duced by an amount equal to one-half the annuity which he elects to
have paid to his widow plus an additional reduction equal to 2 per
centum of such widow's annuity for ?,ach year, or fraction thereof,
that the difference in age exceeds eight. The participant may at his
option also elect to have his annuity i educed by an additional 5 per
centum of the amount which lie elects 1,o have paid to his widow, with
a provision that, from and after the death of his wife, if the par-
ticipant shall survive her the annui;y payable to the participant,
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shall be that amount which would have been payable if no option had
been elected.]. At the time.of retirement, any married participant may
elect to receive a reduced annuity and to provide for an annuity payable
to his wife or her husband, commencing on the date following such par-
ticipant's death and terminating upon the death of such surviving wife
or husband. The annuity payable to the surviving wife or husband
a ter such participant's death shall be 50 per centum of the amount of
the participant's annuity computed as prescribed in paragraph (a) of
this section, up to the full amount of his annuity specified by him as the
base for the survivor benefits. The annuity of the participant making
such election shall be reduced by 2% per centum of any amount up to
$2,400 he specifies as the base for the survivor benefit plus 10 per centum
of any amount over $2,400 so specified.
(c) [A participant who is not married at the time of his retire-
ment or who is married to a wife who is not entitled to an annuity
in accordance with the provisions of paragraph (b) of this section may
elect to receive a reduced annuity for himself and to provide for an
additional annuity payable after his death to a beneficiary whose name
shall be notified in writing to the Secretary at the time of his retire-
ment and who is acceptable to the Secretary. The annuity payments
payable to such beneficiary shall be either equal to the deceased parti-
cipant's reduced annuity payments or equal to 50 per centum of such
reduced annuity payments and upon the death of the surviving bene-
ficiary all payments shall cease and no further annuity payments shall
be due or payable. The combined actuarial value of the two annuities
on the date of retirement as determined by the Secretary of the Treas-
ury shall be the same as the actuarial value of the annuity provided by
paragraph (a) of this section. No such election of a reduced annuity
payable to a beneficiary other than a child of the participznt shall be
valid until the participant shall have satisfactorily passed a physical
examination as prescribed by the Secretary. Annuity payments pay-
able in accordance with the provisions of this section to a beneficiary
who is a child of a participant shall cease when the beneficiary reaches
the age of twenty-one years.]
(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 sur-
viving wife or husband, there shall be paid to or on behalf of each child
an annuity equal to the smallest of: (i) 40 per centum of the annuitant's
average salary divided by the number of children; (ii) $600; or (iii)
$1,800 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) 50 per centum of the annuitant's average
salary divided by the number of children; (ii) $720; or (iii) $2,160 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 recomputed
and paid as though such wife, husband, or child had not survived the
participant.
(e) The annuity payable to a child under paragraph (c) or (d) of this
section shall begin on the first day of the next month after the participant
dies and such annuity or any right thereto shall be terminated upon death,
marriage, or attainment of the age of eighteen years, except that, if a child
is incapable of self-support by reasons of mental or physical disability,
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the annuity shall be terminated only when such child dies, marries, or
recovers from such disability.
(f) At the time of retirement an unmarried participant may elect to
receive a reduced annuity and to pr "vide for an annuity equal to 50 per
centum of the reduced annuity payable after his or her death to a benefi-
ciary whose name shall be designated in writing to the Secretary. The
annuity payable to a participant making such election shall be reduced
by 10 per centum of an annuity computed as provided 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 partici-
pant, but such total reduction shall -tot exceed 40 per centum. No such
election of a reduced annuity payabl o to a beneficiary shall be valid until
the participant shall have satisfactorily passed a physical examination
as prescribed by the Secretary. Tie annuity payable to a beneficiary
under the provisions of this paragraph shall begin on the first day of the
next month after the participant die?. Upon the death of the surviving
beneficiary all payments shall cease and no further annuity payments
authorized under this paragraph sha.'l be due or payable.
RETIREMENT FOR DISABILITY OR INCAPACITY-PHYSICAL EXAMINA-?
TION-RLCOVERY
SEC. 831. (a) [Any participant who, after serving for a total period
of not less than five years, becomes totally disabled or incapacitated
for useful and efficient service by reason of disease or injury incurred
in the line of duty but not due to vicious habits, intemperance, or will-
ful misconduct on his part, shall, Ipon his own application or upon
order of the Secretary, be retired on an annuity computed as pre-
scribed in section 821. If the disabled or incapacitated participant Alk
has had less than twenty years of s 3rvice at the time he is retired, his
annuity shall be computed on the assumption that he had had twenty
years of service.] Any participant who has five years of service credit
toward retirement under the System, excluding military or naval service
that is credited in accordance with pr.wisions of section 851 or 852(a) (2),
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 willful misconduct on his part, shall upon his own
application or upon order of the Secretary, be retired on an annuity
computed as prescribed in section 821. If the disabled or incapacitated
participant has less than twenty years of service credit toward his retire-
ment under the System at the time he is retired, his annuity shall be com-
puted on the assumption that he has had twenty years of service, but the
additional service credit that may accrue to a participant under this pro-
vision shall in no case exceed the di, Terence between his age at the time
of retirement and the mandatory retirement age applicable to his class in
the Service.
(b) [In each case such disability shall be determined by the report
of a duly qualified physician or surgeon, designated by the Secretary
to conduct the examination. Uulea; the disability is permanent, a like
examination shall be made annuall-7 until the annuitant has reached
the retirement age as defined in sections 631 and 632, and the payment
of the annuity shall cease from the date of a medical examination
showing recovery. Fees for examinations under this provision, to-
gether with reasonable traveling and other expenses incurred in order A4
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FOREIGN SERVICE ACT AMENDMENTS OF 1 5
to submit to examination, shall be paid out of the Fund.] In each
case, the participant shall be given a physical examination by one or more
duly qualified physicians or surgeons designated by the Secretary to con-
duct examinations, and disability shall be determined by the Secretary on
the basis of the advice of such physicians or surgeons. Unless the disa-
bility is permanent, like examinations shall be made annually until the
annuitant has reached the statutory 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 exam-
inations 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 disa-
bility annuitant in the class in which he was serving at time of retirement,
or the Secretary may, taking into consideration the age, qualifications,
and experience of such annuitant, and the present class of his contempo-
raries 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 exam-
ination showing recovery or until the date of reinstatement or reappoint-
ment 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.
r/ (c) [When the annuity is discontinued under this provision before
the annuitant has received a sum equal to the total amount of his con-
tributions, with accrued interest, the difference shall be paid to him
or his legal representatives in the order of precedence prescribed in
section 841.] If a recovered disability annuitant whose annuity is
discontinued is for any reason not reinstated or reappointed in the Service,
he shall be considered to have been separated within the meaning of
section 884 as of the date he was retired for disability and he shall, after
the discontinuance of the disability annuity, be entitled to the benefits
of that section or of section 841(a) except that he may elect voluntary
retirement in accordance with the provisions of section 686 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 under the Federal
Employees' Compensation Act of September 7, 1916, as amended, covering
the same period of time. This provision shall not bar the right of any
claimant to the greater benefit conferred by either Act for any part of the
same period of time. Neither this provision nor any provision of the
Act of September 7, 1916, as amended, shall be so construed as to deny
the right of any person to receive an annuity under this Act by reason of
his own services and to receive concurrently any payment under such
Act of September 7, 1916, as amended, by reason of the death of any
other persons.
(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
'1 because such person has received an award of compensation in a lump
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sum under section 14 of the Act of Septemb'r 7, 1916, as amended, except
that where such annuity is payable on a' count 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 df termined by the Secretary q f
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 payments for such extended period,
or (2) authorize the deduction of such amount from the annuity payable
to him under this Act, which amount shall pie transmitted to such Depart-
ment 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 Sec-
retary of Labor shall determine, wheneve? he finds that the financial
circumstances of the annuitant are such as to warrant such deferred
refunding.
SEC. 832. [In case a participant shalt die without having estab-
lished a valid claim for annuity, the total amount of his contributions
with interest thereon at 4 per centum per f,nnum, compounded on June
30 of each year, except as provided in section 881 and as hereinafter
provided in this section, shall be paid to his legal representatives in
the order of precedence given under section 841 upon the establishment
of a valid claim therefor. If the deceased participant rendered at
least five years of service, and is survived by a widow to whom he
was married for at least three years, or who is the mother of issue
by
such marriage, such widow shall be paid an annuity equal to
the. annuity which she would have beer entitled to receive if her
husband had been retired on the date of ;pis death and had elected to
receive a reduced joint and survivorship annuity, computed as pre-
scribed in -section 821, providing the maximum annuity for his widow,
unless prior to the date of his death he :hall have elected, in lieu of
such widow's annuity, and with the approval of the Secretary, to
have his deductions returned with interest as provided in the first
sentence of this section covering participants dying without having
established a valid claim for annuity. If the deceased participant
had had less than twenty years of service at the time of his death,
the annuity payable to his widow shall be computed on the assumption
that he had had twenty years of service.]
(a) In case a participant dies and no claim for annuity is payable
under the provisions of this Act, his contributions to the Fund, with
interest at the rates prescribed in sections 841 (a) and 881(a), shall be
paid in the order of precedence shown in se, lion 841 (b).
(b) If a participant who has at least five years of service credit
toward retirement under the System, excluding military or naval service
that is credited in accordance with the provisions of section 851 or
852(a) (2), dies before separation or retirement from the Service and is
survived by a widow or a dependent widowe,?er, as defined in section 804,
such widow or dependent widower shall be e rtitled to an annuity equal to
50 per centum of the annuity computed in accordance with the provisions
of paragraph (e) of this section and of sf ction 821(a). The annuity
of such widow or dependent widower shall commence on the date following
Aft
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death of the participant and shall terminate upon death of the widow or
dependent widower, or upon the dependent widower's becoming capable of
self-support.
(c) If a participant who has at least five years of service credit toward
retirement under the System, excluding military or naval service that is
credited in accordance with the provisions of section 851 or 852(a) (2),
dies before separation 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 the provisions of
section 821(c) (1). The child's annuity shall begin and be terminated
in accordance with the provisions of section 821(e). Upon the death of
the surviving wife or husband or termination of the annuity of a child,
the annuities of any remaining children shall be recomputed and paid as
though such wife or husband or child had not survived the participant.
(d) If a participant who has at least five nears of service credit toward
retirement under the System, excluding military or naval service that is
credited in accordance with the provisions of section 851 or 852(a)(2),
dies before separation 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 the provisions
of section 821(c) (2). The child's annuity shall begin and terminate in
accordance with the provisions of section 821(e). hpon termination of
the annuity of a child, the annuities of any remaining children shall be
recomputed and paid as though that child had never been entitled to the
benefit.
(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 section shall
*%/ be computed in accordance with the provisions of section 821 on the assump-
tion he or she has had twenty years of service, but the additional service
credit that may accrue to a deceased participant under this provision shall
in no case exceed the difgerence 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.
RETIREMENT OF PERSONS WHO ARE PARTICIPANTS UNDER SECTION
803(A)(3)
SEC. 833. (a) Any person who is a participant, has at least twenty
years of service to his credit, and has reached the age of fifty years,
but it not a Foreign Service officer at the time he is retired in accord-
ance with the provisions of law governing retirement in the position
that he occupies, shall be entitled to an annuity computed as prescribed
in section 821.
(b) Any person who is a participant in accordance with the pro-
visions of section 803 (a) (3) shall be entitled to voluntary retirement
to the same extent and subject to the same conditions as a Foreign
Service officer.
DISCONTINUED SERVICE RETIREMENT
Sec. 834. (a) Any participant who voluntarily separates from the
Service after obtaining at least five years of service credit toward retire-
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1
95 9
at) FOREIGN SERVICE ACT AMENI MENTS F
Tent under the System, excluding military or naval service that is credited
in accordance with the provisions of section 851 or 852(a)(2), 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 contri-
butions in the Fund and receive an annui`y computed as prescribed in
section 821, commencing at the age of sixty years.
(b) If a participant who has qualified in accordance with the pro-
visions of paragraph (a) of this section to receive a deferred annuity
commencing at the age of sixty dies before reaching the age of sixty his
contributions to the Fund, with interest, shell be paid in accordance with
the provisions of sections 841 and 881.
SEC. 841. (a) [Whenever a participant becomes separated from the
Service without becoming eligible for an annuity or a deferred annuity
in accordance with the provisions of this Act, the total amount of
contributions from his salary with interest thereon at 4 per centum
per annum, compounded annually up to the date of such separation,
except as provided in section 881, shall be returned to him.] Whenever
a participant becomes separated from the Service without becoming eligible
for an annuity or a deferred annuity in accordance with the provisions of
this Act, the total amount of contributions from his salary with interest
thereon at 4 per centum per annum, comp(unded annually at the end of
each fiscal year through June 30, 1959; semiannually as of December 81,
1959; annually thereafter as of December ?1, and proportionately for the
period served during the year of separation including all contributions
made during or for such period, except as provided in section 881, shall
be returned to him.
(b) [In the event that the total contributions of a retired partici-
pant, other than voluntary contributions made in accordance with the
provisions of section 881, with interest compounded annually at 4 per
centum added thereto, exceed the total amount returned to such
participant or to an annuitant claiming through him, in the form of
annuities, accumulated at the same rate of interest up to the date the
annuity payments cease under the terms of the annuity, the excess of
the accumulated contributions over the accumulated annuity pay-
ments shall be paid in the following order of precedence, upon the
establishment of a valid claim therefor:
[(1) To the beneficiary or beneficiari,ls designated by the retired
participant in writing to the Secretary;
[(2) If there be no such beneficiary, to the duly appointed executor
or administrator of the estate of the retired participant;
[(3) If there be no such beneficiary, or executor or administrator,
payment may be made to such person or persons as may appear in the
judgment of the Secretary to be legally entitled thereto, and such pay-
ment shall be a ban to recovery by any other person.]
In the event that the total contributions of a retired participant, other
than voluntary contributions made in accordance with the provisions of
section 881, with interest at 4 per centum pev? annum compounded annually
as is provided in paragraph (a) q f this section added thereto, exceed the
total amount returned to such participant or to an annuitant claiming
through him, in the form of annuities, accumulated at the same rate of
interest up to the date the annuity payments cease under the terms of the
annuity, the excess of the accumulated contributions over the accumulated
annuity payments shall be paid in the, follo wing order of precedence, upon
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FOREIGN SERVICE ACT AMENDMENTS OF 19 5 9 57
the establishment of a valid claim therefor and such payment shall be a
ban to recovery by any other person:
(1) To the beneficiary or beneficiaries designated by the retired partici-
%w pant in writing to the Secretary;
(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 participant
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 admin-
istrator of the estate of such participant;
(6) If none of the above, to other next of kin of such participant as
may be determined by the Secretary in his judgment to be legally entitled
thereto.
(c) No payment shall be made pursuant to paragraph (b)[(3)](6)
of this section until after the expiration of thirty days from the death
of the retired participant or his surviving annuitant.
SEC. 851. [For the purposes of this title, the period of service of a
participant shall be computed from the effective date of appointment
as Foreign Service officer, or, if appointed prior to July 1, 1924, as
diplomatic secretary, consul general, consul, vice consul, deputy con-
sul, consular assistant, consular agent, commercial agent, interpreter,
or student interpreter, and shall include periods of service at different
times as either a diplomatic or consular officer, or while on assignment
to the Department, or while on special duty or service in another
department or establishment of the Government, or while on any
assignment in accordance with the provisions of part H of title V, but
all periods of separation from the Service and so much of any leaves
of absence as may exceed six months in the aggregate in any calendar
.year shall be excluded, except sick leaves of absence for illness or
injury incurred in the line of duty, with or without pay, and leaves
of absences granted participants while performing active military or
naval service in the Army, Navy, Marine Corps, or Coast Guard of
the United States.] For the purposes of this title, the period of service
of a participant shall be computed from the effective date of appointment
as a Foreign Service officer, or, if appointed prior to July 1, 1924, as an
officer or employee of the Diplomatic or Consular Service of the United
States, or from the date he becomes a participant under the provisions of
this Act, as amended, but all periods of separation from the Service and
so much of any leaves of absence without pay as may exceed six months
in the aggregate in any calendar year shall be excluded, except leaves of
absence while receiving benefits under the Federal Employees' Compen-
sation Act of September 7, 1916, as amended, and leaves of absence
granted participants while performing active and honorable military or
naval service in the Army, Navy, Air Force, Marine Corps, or Coast
Guard of the United States.
SEC. 852. (a) A participant may, subject to the provisions of this
section, include in his period of service-
(1) civilian service [performed as a civilian officer or employee
of the] in the executive, judicial, and legislative branches of the
Federal Government and in the District of Columbia government,
prior to becoming a participant; and 1
(2) active and honorable military or naval service in the Army,
Navy, Marine Corps, Air Force, or Coast Guard of the United
States.
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58 FOREIGN SERVICE ACT AMENDMENTS OF 1959
(b) [A person may obtain credit for prior service by making a
special contribution to the Fund equal to 5 per centum of his annual
salary for each year of service for which credit is sought subsequent
to July 1, 3924, with interest thereon to dato of payment compounded
annually at 4 per centum, except that no special contributions shall
be required for periods of active military or naval service in the
Army, Navy, Marine Corps, Air Force, or Coast Guard of the United
States prior to becoming a participant. 1 ny such participant may,
under such conditions as may be determin>d in each instance by the
Secretary, pay such special contributions in installments during the
continuance of his service.] A person may obtain prior civilian service
credit in accordance with the provisions of paragraph (a)(1) of this
section by making a special contribution to the Fund equal to 5 per
centum of his basic annual salary for eack year of service for which
credit is sought subsequent to July 1, 1924, and prior to the effective date
of the Foreign Service Act Amendments of 1959, and at 63/a per centum
thereafter with interest compounded annuall2r at 4 per centum per annum
to the date of payment. Any such person may, under such conditions
as may be determined in each instance by the Secretary, pay such special
contributions in installments.
(c) [Nothing in this Act shall be cons rued so as to affect in any
manner a participant's right to retired pay, pension, or compensation
in addition to the annuities herein provic.ed, but no participant may
obtain prior service credit toward an annuity under the Foreign Serv-
ice Retirement and Disability System for any period of service,
whether in a civilian or military capacity, on the basis of which he
is receiving or will in the future be enti .led to receive any annuity,
pension, or other retirement or disability payment or allowance.]
(1) If any officer or employee under some other Government retirement
system, becomes a participant in the Systen. by direct trans fea , such officer
or employee's total contributions and depo:;its, including interest accrued
thereon, except voluntary contributions, shell be transferred 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 transff r shall be a complete discharge
and acquittance of all claims and demands against the other Government
retirement fund on account of service rendered prior to becoming a partici-
pant in the System.
(2) No officer or employee, whose ccntributions are transferred to
the Fund in accordance with the provisions of paragraph (c) (1) of this
section, shall be required to make contributions in addition to those
transferred, for periods of service for which full contributions 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 section 811 of this Act, for contributions to the Fund.
(8) No officer or employee, whose contributions are transferred to the
Fund in accordance with the provisions of paragraph (c) (1) of this
section, shall receive credit for periods )f service subsequent to July 1,
1924, for which a refund of contributions has been made, or for which
no contributions were made to the oth,,r Government retirement fund.
A participant may, however, obtain credit for such prior service by making
a special contribution to the Fund in accordance with the provisions of
paragraph (b) of this section.
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(d) No participant may obtain prior civilian service credit toward
retirement under the System for any period of civilian service on the basis
of which he is receiving or will in the future be entitled to receive any
annunity under another retirement system covering civilian personnel of
the Government.
(e) A participant may obtain prior military or naval service credit
in accordance with the provisions of paragraph (a) (2) of this section
by applying for it to the Secretary prior to retirement or separation
from the Service. However, in the case of a participant who is eligible for
and receives retired pay on account of military or naval service, the
period of service upon which such retired pay is based shall not be in-
cluded, except that in the case of a participant who is eligible for and
receives retired pay on account of a service-connected disability incurred
in combat with an enemy of the United States or caused by an instru-
mentality of war and incurred in line of duty during an enlistment or
employment as provided in Veterans Regulation Numbered 1(a), part I,
paragraph I, or is awarded under Chapter 67 of Title 10 of the United
States Code, the period of such military or naval service shall be in-
cluded. No contributions to the Fund shall be required in connection
with military or naval service credited to a participant in accordance with
the provisions of paragraph (a) (2) of this section.
SEC. 855. The annuity of each former participant under the System,
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 pur-
pose of this recomputation. The annuities payable to such persons shall,
when recomputed, be paid at the rates so determined, but no such recom-
putation 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.
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 ab-
sence, 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 con-
sidered as full months in computing such service, but no such extra
credit for service at such unhealthful posts shall be credited to any
participant who shall have been paid a salary differential in accordance
with section 443, as amended, for such service performed subsequent
to the date of enactment of the Foreign Service Act Amendments
of 1955.
CREDIT FOR SERVICE WHILE ON MILITARY LEAVE
SEC. 854. Contributions shall not be required covering periods of
leave of absence from the Service granted a participant while per-
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forming active military or naval service in the Army, Navy, Marine
SEC. 861. The Secretary of the Treasury uhall prepare the estimates
of the annual appropriations required to be made to the Fund, and
shall make actuarial valuations of such lunds at intervals of five
years, or oftener if deemed necessary by hint. 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, i icluding actuarial advice.
SEC. 862. The Secretary shall submit annually to the President and
to the Congress a comparative report shoving the condition of the
Fund and estimates of appropriations necessary to continue this title
in full force.
INVESTMENT OF MONEYS IN THE FUND
SEC. 863. The Secretary of the Treasury shall invest from time to
time in interest-bearing securities of the U::iited States such portions
of the Fund as in his judgment may not be immediately required for
the payment of annuities, cash benefits, ref ands, and allowances, and
the income derived from such investments shall constitute a part of
such Fund.
SEC. 864. None of the moneys mentioned in this title shall be assign-
able either in law or equity, or be subject to execution, levy, attach-
ment, garnishment, or other legal process, except as provided in
section 634(c).
PART H-[OFFICERS REINSTATED IN THE SERVICE] ANNUITANTS RE-
CALLED, REINSTATED OR REAPPOINTED O.V THE SERVICE OR REEM-
PLOYED IN THE GOVERNMENT
SEC. 871. [A Foreign Service officer, reinstated in the Service in
accordance with the provisions of section 520(b) shall, while so
serving, be entitled in lieu of his retirement allowance to the full
pay of the class in which he is temporar1y serving. During such
service, he shall make contributions to the Fund in accordance with
the provisions of section 811. If the annuity he was receiving prior
to his reinstatement in the Service was based on less than thirty-five
years of service credit, the amount of his annuity when he reverts to
the retired list shall be recomputed on the basis of his total service
credit.] Any annuitant recalled to duty it the Service in accordance
with the provisions of section 520(b) or resnstated or reappointed in
accordance with the provisions of section 831 (b) shall, while so serving,
be entitled in lieu of his annuity to the full salary of the class in which he
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FOREIGN SERVICE ACT AMENDMENTS OF 1959
is serving. During such service, he shall make contributions to the
Fund in accordance with the provisions of section 811. The amount of
his annuity when he reverts to his retired status shall be recomputed in
accordance with the provisions of section 821.
See. 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 position 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 highest basic salary such officer
or employee was entitled to receive under sections 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 reem
ployed, the employer shall send a notice to the Department of State of such
reemployment together with all pertinent information relating thereto
and shall cause to be paid, by transfer or otherwise, to the Department
of State funds necessary to cover gross salary, employer contributions,
and gross lump sum leave payment relating to the employment of the
reemployed officer or employee. The Department of State shall make to
and on behalf of the reemployed officer or employee payments to which he
is entitled under the provisions of paragraph (a) of this section, and shall
make those withholding and deductions authorized and required by law.
(c) In the event of any overpayment under this section the Secretary of
State is authorized to withhold the amount of such overpayment from the
salary payable to such reemployed officer or employee or from his annuity.
SEC. 88,1. (a) Any participant may, at his option and under such
regulations as may be prescribed by the President, deposit additional
sums in multiples of 1 per centum of his basic salary, but not in excess
of 10 per centum of such salary, which amounts together with interest
at 3 per centum per annum, compounded [on June 30 of each year,
shall, at the date of his retirement and at his election, be-] annually
at the end of each fiscal year through June 80, 1959; semiannually as of
December 31, 1959; annually thereafter as of December 31, and pro-
portionately for the period served during the year of his retirement, includ-
ing all contributions made during or for such period, shall, at the date of
his retirement and at his election, be-
(1) returned to him in a lumpsum; 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 partici-
pant; or
(4) used to purchase an additional life annuity for himself and
a life annuity commencing on his death payable to a beneficiary
whose name shall be notified in writing to the Secretary by the
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62 FOREIGN SERVICE ACT AMENDMENTS OF 1959
participant with a guaranteed retu-n to the beneficiary or his
legal representative of an amount -1qual to the cash payment
referred to in paragraph 3.
(b) The benefits provided by subparag?aphs 2, 3, or 4 of paragraph
(a) of this section shall be actuarially equivalent in value to the pay-
ment provided for by paragraph (a)(1) of this section and shall be
calculated upon such tables of mortality ss may be from time to time
prescribed for this purpose by the Secretary of the Treasury.
(c) In case a participant shall become separated from the Service
for any reason except retirement on an annuity, the amount of any
additional deposits with interest at 3 per centum per annum, com-
pounded [annually] as is provided in paragraph (a) of this section,
made by him under the provisions of this paragraph shall be refunded
in the manner provided in section 841 for the return of contributions
and interest in the case of death or [withcrawal from active service]
separation from the service.
(d) Any benefits payable to an officer or to his beneficiary in respect
to the additional deposits provided under this paragraph shall be in
addition to the benefits otherwise provided under this title.
TITLE IX-ALLOWANCES A ND BENEFITS
PART A-ALLOWANCES AND SPECIAL ALLOTMENTS
QUARTERS, COST OF LIVING, AND REPRE# ENTATION ALLOWANCES
SEC. 901. In accordance with such regula lions as the President may
prescribe and notwithstanding the provisions of section 1765 of the
Revised Statutes (5 U.S.C. 70), the SecretE ry is authorized to grant Aft
to any officer or employee of the Service who is a citizen of the United
States-
(1) allowances, wherever Governmer.t owned or rented quar-
ters are not available, for living quarters, heat, light, fuel, gas,
and electricity, including allowances f( r the cost of lodging at
temporary quarters, incurred, by an oilicer or employee of the
Service and the members of his family upon first arrival at a
new post, for a period not in excess of three months after such
first arrival or until the occupation of residence quarters, which-
ever period shall be shorter, up to but n )t in excess of the aggre-
gate amount of the per diem that would be allowable to such
officer or employee for himself and the members of his family
for such period if they were in travel status;
(2) cost-of-living allowances, whenever the Secretary shall
determine-
(i) that the cost of living at a poit abroad is proportion-
ately so high that an allowance is necessary to enable an
officer or employee of the Service at ,;uch post to carry on his
work efficiently;
(ii) that extraordinary and necessary expenses, not
otherwise compensated for, are incurred by an officer or em-
ployee of the Service incident to the establishment of his
residence at any post of assignment abroad or at a post of
assignment in the continental United States between
assignments to posts abroad;
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(iii) that an allowance is necessary to assist an officer or
employee of the Service who is compelled by reason of dan-
gerous, notably unhealthful, or excessively adverse living
conditions at his post abroad or for the convenience of the
Government to meet the additional expense of maintaining
his wife and minor children elsewhere than in the country
of his assignment;
(iv) that extraordinary and necessary expenses, not
otherwise compensated for, must be incurred by an officer
or employee of the Service, by reason of his service abroad,
in providing for adequate elementary and secondary educa-
tion for his dependents; allowances under this subparagraph
for any post shall not exceed the cost of obtaining such
educations) services as are ordinarily provided without
charge by the public schools of the United States plus, in
those cases where adequate schools are not available at the
post, board and room, and periodic transportation between
the post and the nearest locality where adequate schools are
available; if any such officer or employee employs a less
expensive method of providing such education, any allowance
paid to him shall be reduced accordingly; no allowance shall
be paid under this subparagraph for a dependent for whom
a travel allowance has been paid under section 911(9) ;
(3) allowances in order to provide for the proper representa-
tion of the United States by officers or employees of the Service.
ALLOTMENT FOR OFFICIAL RESIDENCE OF CHIEF AMERICAN
REPRESENTATIVE
SEC. 902. The Secretary may, under such regulations as he may
prescribe, make an allotment of funds to any post to defray the
unusual expenses incident to the operation and maintenance of official
residences suitable for principal representatives of the United States
at that post.
ACCOUNTING FOR ALLOWANCES
SEC. 903. All such allowances and allotments shall be accounted for
to the Secretary in such manner and under such rules and regulations
as the President may prescribe. The Secretary shall report all such
expenditures annually to the Congress with the budget estimates of
the Department.
SEC. 911. The Secretary may, under such regulations as he shall
prescribe, pay-
(1) the travel expenses of officers and employees of the Service,
included expenses incurred while traveling pursuant to orders
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
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leave; or otherwise traveling i.i 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 e nployee of the Service to his
successive posts of duty and, on the termination of his services,
to the place where he will reside;
(4) the cost of storing the furniture and household and per-
sonal effects of an officer or employe of the Service who is absent
under orders from his usual post of duty, or who is assigned
to a post to which, because of emergency conditions, he cannot
take or at which he is unable to use, his furniture and household
and personal effects;
(5) the cost of storing the furniture and household and per-
sonal effects of an officer or employee of the Service on first arrival
at a post for a period not in exces3 of three months after such
first arrival at such post or until the establishment of residence
quarters, whichever shall be shorter ;
(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
government whose capital is his post;
(7) the travel expenses and transportation costs incident to the
removal of the members of the family of an officer or employee of
the Service and his furniture and household and personal effects,
including automobiles, from a post at which, because of the preva-
lence of disturbed conditions, there is imminent danger to 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 Uxiited Stages or to a place not more
distant, the remains of an officer or eiployee 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 incurred b;y an officer or employee
of the Service who is assigned to a fo;?eign post, in transporting
dependents to and from United States posts of entry designated
by the Secretary, to obtain an American secondary or college
education, not to exceed one trip each way for each dependent
for the purpose of obtaining each type of education.
LOAN OF HOUSEHOLD FURNISHINGS AND EQUIPMENT
SEc. 912. The Secretary may, if he shall find it in the interests of the
Government to do so as a means of eliminating transportation costs,
provide officers and employees of the Service with basic household
furnishings and equipment for use. on a loan )asis in personally owned
or leased residences.
TRANSPORTATION OF [AUTOMOBILES] MOTOR VEHICLES
SEc. 913. The Secretary may, notwithstanding the provisions of any
other law, transport for or on behalf of an o:lcer or employee of the
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Service, a privately owned [automobile] motor vehicle or replacement
thereof in any case where he shall determine that water, rail, or air
transportation of the [automobile] motor vehicle or replacement
thereof is necessary or expedient for any part or of all the distance
between points of origin and destination.
PART C-COMMISSARY SERVICE
SEC. 921. (a) The Secretary may, under such regulations as he
may prescribe, establish and maintain emergency commissary or mess
service 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-
F ended for such services shall be covered into the Treasury as miscel-
aneous receipts.
(b) The Secretary, under such regulations as he may prescribe,
may authorize and assist in the establishment, maintenance, and op-
eration, by officers and employees of the Service, of non-Government-
operated commissary and mess services and recreation facilities at
posts abroad, including the furnishing of space, utilities, and proper-
ties owned or leased by the United States for use by its diplomatic
and consular missions. The provisions of the Foreign Service Build-
ings Act, 1926, as amended (22 U.S.C. 292-300), may be utilized by
the Secretary in providing such assistance. Commissary or mess
services and recreation facilities established pursuant to this subsec-
tion shall be made available, insofar as practicable, to officers and
employees of other Government agencies and their dependents who are
stationed abroad. Such services or facilities shall not be established
in localities where another United States agency operates similar
services or facilities unless the Secretary determines that such addi-
tional services or facilities are necessary.
(c) Notwithstanding the last paragraph under the heading "Sub-
sistence Department" in the Act of March 3, 1911 (10 U.S.C. 1253),
or the provisions of any other law, charges at any post abroad by a
commissary or mess service or recreation facility authorized or as-
sisted under this section shall be at the same rate for all civilian per-
sonnel of the Government serviced thereby, and all charges for
supplies furnished to such a service or facility abroad by any Govern-
ment agency shall be at the same rate as that charged by the furnishing
- agency to its civilian commissary or mess services or recreation
facilities.
(d) Notwithstanding the provisions of section 5 of the Act of July
16, 1914, as amended (5 U.S.C. 78) the Secretary may authorize
any principal officer to approve the use of Government-owned vehicles
located at his post for transportation of United States Government
employees who are American citizens, and their dependents, to and
from recreation facilities when public transportation is unsafe or is
not available.
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PART D-LEAVE OF ABSENCE
ORDERING RETURN OF PERSONNEL TO UNITED STATES ON LEAVES OF
ABSENCE
SEC. 933. (a) The Secretary shall order to the continental United
States, its Territories and possessions, on statutory leave of absence
every officer and employee of the Service who is a citizen of the United
States upon completion of two years' continuous service abroad or as
soon as possible thereafter.
(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 c f such work or duties shall 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 )f absence and sick leave of
absence in accordance with the prov.sions of part D of this title
during the period of his assignment.
(b) Under such regulations as the President may prescribe, a person
assigned to the Service as a Reserve officer from any Government
agency may, notwithstanding the provisions of the Act of December
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 accu-
mulated and current annual and sick leave to that agency but the
amount of leave so transferred shall na exceed the maximum which
an officer or employee of the agency to which he is returning may have
to his credit on the date of his return.
TRANSFER OF LEAVE 7F 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 hi;; resignation from the Service
and any officer or employee of any Government agency who resigns
from such agency in order to accept a i appointment to the Service
may transfer to the Service any annual :)r sick leave of absence stand-
ing to his credit at the time of his resignation from the Government
agency in which be 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.
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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 com-
missioned as diplomatic or consular officers, or both, in accordance
with section 524 of the Foreign Service Act of 1946, as amended,
notwithstanding the provisions of section 202(c) (1) (A) of the Annual
and Sick Leave Act of 1951, as amended.
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 sim-
ilar treatment, and which is not the result of vicious habits, intemper-
ance, or misconduct on his part, the Secretary may, in accordance
with such regulations as he may prescribe, pay for the cost of treat-
ment of such illness or injury.
(b) In the event a dependent of a United States citizen officer or
employee of the Service who is stationed abroad, incurs an illness or
injury while such dependent is located abroad, which requires hos-
pitalization or similar treatment, and which is not the result of vicious
habits, intemperance, or misconduct on his part, the Secretary may,
in accordance with such regulations as he may prescribe, pay for that
~/ portion of the cost of treatment of each such illness or injury that
exceeds $35 up to a maximum limitation of one hundred and twenty
days of treatment for each such illness or injury, except that such
maximum limitation shall not apply whenever the Secretary, on the
basis of professional 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 appro-
priate, 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.
TRANSPORTATION TO APPROVED HOSPITALS
SEC. 942. (a) In the event an officer or employee of the Service who
is a citizen of the United States or his dependents incurs an illness
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or injury requiring hospitalization, not. the result of vicious habits,
intemperance or misconduct, while s rationed abroad in a locality
where there does not exist a suitable hospital or clinic, the Secretary Ift
may, in accordance with such regulations as he may prescribe, pay
the travel expenses of such person by whatever means he shall deem
appropriate 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 a
suitable hospital or clinic exists, and on his recovery pay for the
travel expenses of his return from such hospital or clinic. If any
such officer, employee, or dependent i, too ill to travel unattended,
the Secretary may also pay the round-trip travel expenses of an at-
tendant or attendants.
(b) The Secretary may establish a first-aid station and provide for
the services of a physician, a nurse, or other medical personnel at a
post at which, in his opinion, sufficient personnel is employed to
warrant such a station.
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 employ-
ment 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 inef,pacity in accordance with the
provisions of section 831, and shall pr wide for administering inocu-
lations or vaccinations to such officors and employees and their
dependents.
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 ;;uch as a military commander
may require civilians to wear in a theater of military operations.
SEC. 1002. An officer or employee of the Service shall not ask or,
without the consent of the Congress, r(ceive, for himself or any other
person, any present, emolument, pecuniary favor, office, or title from
any foreign government. A chief of mission or other principal officer
may, however, under such regulations is the President may prescribe,
accept gifts made to the United States, or to any political subdivision
thereof by the government to which le is accredited or from which
he holds an exequatur.
SEC. 1003. An officer or employee (,f 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 tie name or through the agency
of any other person, except as authorized by the Secretary.
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 69
SEC. 1004. (a) An officer or employee of the Service shall not cor-
respond in regard to the public affairs of any foreign government
except with the proper officers of the United States, except as author-
ized 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, except
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 Secre-
tary shall prescribe, with such sureties as the Secretary shall approve,
conditioned without division of penalty for the true and faithful per-
formance of his duties, including (but not by way of limitation) certi-
fying vouchers for payment, accounting for, paying over, and deliver-
ing up of all fees, moneys, goods, effects, books, records, 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 performance of all
other duties now or hereafter lawfully imposed upon him as such offi-
cer 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 as-
sumed incident to his employment as an officer or employee of the Gov-
ernment. Notwithstanding any other provisions of law, upon ap-
proval 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 offi-
cer or employee of the Service shall be construed to be conditioned
for the true and faithful performance of all acts of such officer in-
cident to his office regardless of whether appointed or commissioned as
diplomatic, consular, Foreign Service officer, or other officer of the
Service. The bonds herein mentioned shall be deposited with the Sec-
retary 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).
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70 FOREIGN SERVICE ACT AMENDMENTS OF 1969
PART C- GiFTs
SEC. 1021. (a) The Secretary may accept on behalf of the United
States ggifts made unconditionally by will or otherwise for the benefit
of the Department including the Service or for the carrying out of
any of its functions. Conditional if ;s may be so accepted [if recom-
mended by the Director General,] cst the discretion of the Secretary,
and the principal of and income from any such conditional gift shall
be held, invested, reinvested, and ustid in accordance with its condi-
tions, but no gift shall be accepted which is conditioned upon any
expenditure not to be met therefrom or from the income thereof un-
less 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 paragrax h (c) or paragraph (d) of this
section) of any other property so accepted, and the proceeds of insur-
ance on any such gift property not used for its restoration, shall be
deposited in the Treasury of the Unite! States and are hereby appro-
i ated and shall be held in trust by the Secretary of the Treasury
the benefit of the Department inch, ding the Service, and he may
P
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 expe;diture 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 Department including the Service by
Congress.
(c) The evidences of any unconditional gift of intangible personal
property, other than money, accepter. pursuant to the authority
granted in paragraph (a) of this section, shall be deposited with the
Secretary of the Treasury and he, in his liscretion, may hold them, or
liquidate them except that they shall bE liquidated upon the request
of the Secretary whenever necessary to n eet payments required in the
operation of the Department including th,3 Service or the performance
of its functions. The proceeds and income from any such property
held by the Secretary of the Treasury shall be available for expenditure
as is provided in paragraph (b) of this se~3tion.
(d) The Secretary shall hold any reE.l 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 't'reasury to be available for
expenditure as provided in paragraph (b) of this section. The in-
came from any such real property or tangible personal property shall
be available for expenditure in the discretion of the Secretary for the
maintenance, preservation, or repair and `.nsurance of such property
and any proceeds from insurance may be L sed to restore the property
insured. Any such property-when not required for the operation of
the Department including the Service or the performance of its functions
may be liquidated by the Secretary, and the proceeds thereof deposited
with the Secretary of the Treasury, wherever in his judgment the
purposes of the gifts will be served thereby
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FOREIGN SERVICE ACT AMENDMENTS OF 1959 71
(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
required 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 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:
"(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."
SEC. 1061. The provisions of this Act shall be construed liberally
in order to effectuate its purpose.
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 pro-
vision 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.
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Public Law 885-84th Congress
Chapter 841-2d Session
S. 2569
AN ACT To provide certain basic authority for the Department of State
Be it enacted by the Senate and House q f Representatives of the United
States of America in Congress assembled, That the Secretary of State
is authorized to establish, maintain, and )perate passport and dispatch
agencies.
SEC. 2. The Secretary of State, when funds are appropriated there.
for, may-
(a) States without regard to section binding 11 outside the of the Act of March t1, United
1919 (44 U.S.C. 111);
(b) pay the cost of transportation to and from a place of stor-
age and the cost of storing the furniture and household and per-
sonal effects of an employee of the Foreign Service who is as-
signed to a post at which he is uni,ble to use his furniture and
effects, under such regulations as th - Secretary may prescribe;
(c) employ aliens, by contract, fo:- services abroad;
(d) provide for official functions and courtesies;
(e) purchase uniforms; and
(f) pay tort claims, in the manner authorized in the first para-
graph of section 2672, as amended, of title 28 of the United States
Code when such claims arise in foreign countries in connection
with Department of State operation;, abroad.
SEC. 3. The Secretary of State is authc rized to-
(a) obtain insurance on official motor vehicles operated by the
Department of State in foreign tour. tries, and pay the expenses
incident thereto;
(b) rent tie lines and teletype equipment;
(c) provide ice and drinking water for United State Em-
bassies and Consulates abroad;
(d) pay excise taxes on negotiable instruments which are nego-
tiated by the Department of State al,road;
(e) pay the actual expenses of preparing and transporting to
their former homes the remains of persons, not United States
Government employees, who may die away from their homes
while participating in international educational exchange activi-
ties under the jurisdiction of the Dep.irtment of State;
(f) pay expenses incident to the r( lief, protection, and burial
of American seamen, and alien seamer. from United States vessels
in foreign countries and in the United States Territories and
possessions;
(g) pay the expenses incurred in the acknowledgment of the
services of officers and crews of fore: gn vessels and aircraft in
rescuing American seamen, airmen, or citizens from shipwreck or
other catastro
h
b
p
e a
road or at sea;
(h) rent or lease, for periods of less than ten years, such offices,
buildings, grounds, and living quarter:, for the use of the Foreign
Service abroad as he may deem necessary, and make payments
therefor in advance; and
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(i) maintain, improve, and repair properties rented or leased
pursuant to authority contained in subsection (h) of this section
and furnish fuel, water, and utilities for such properties.
Sc. t4. The Secretary of State is authorized to-
(a) make expenditures, from such amounts as may be specifi-
cally appropriated therefor, for unforeseen emergencies arising
in the diplomatic and consular service and, to the extent author-
ized in appropriation Acts, funds expended for such purposes
may- be accounted for in accordance with section 291 of the
Revised Statutes (31 U.S.C. 107); and
(b) delegate to subordinate officials the authority vested in
him by section 291 of the Revised Statutes pertaining to certifi-
cation of expenditures.
SEc. 5. The Secretary of State is authorized to-
(a) provide for participation by the United States in interna-
tional activities which arise from time to time in the conduct of
foreign affairs for which provision has not been made by the
terms of any treaty, convention, or special Act of Congress:
Provided, That this subsection shall not be construed as granting
authority to accept membership for the United States in any
international organization, or to participate in the activities of
any international organization for more than one year without
approval by the Congress; and
(b) pay the expenses of participation in activities in which
the United States participates by authority of subsection (a)
of this section, including, but not limited to the following:
(1) Employment of aliens;
(2) Travel expenses without regard to the Standardized Gov-
ernment Travel Regulations and to the rates of per diem allow-
ances in lieu of subsistence expenses under the Travel Expense
Act of 1949, as amended (5 U.S.C. 835-842) ;
(3) Travel expenses of persons serving without compensation
in an advisory capacity while away from their homes or regular
places of business not in excess of those authorized .for regular
officers and employees traveling in connection with said inter-
national activities; and
(4) Rental of quarters by contract or otherwise.
SEC. 6. The provisions of section 8 of the United Nations Participa-
tion Act of 1945, as amended (22 U.S.C. 287e), and regulations there-
under, applicable to expenses incurred pursuant to that Act, may be
applicable to the obligation and expenditure of funds in connection
with United States participation in the International Civil Aviation
Organization.
SEc. 7. The exchange allowances or proceeds derived from the
exchange or sale of passenger motor vehicles in possession of the For-
eign Service abroad, in accordance with section 201(c) of the Act
of June 30, 1949 (40 U.S.C. 481(a)), shall be available without fiscal
year limitation for replacement of an equal number of such vehicles.
SEC. 8. The Secretary of State may, when authorized in an appro-
priation or other law, transfer to any department, agency, or inde-
pendent establishment of the Government, with the consent of the
head thereof, any funds appropriated to the Department of State, for
direct expenditure by such department, agency, or independent estab-
lishment for the purposes for which the funds are appropriated.
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SEC. 9. The Secretary of State is authorized to enter into contracts
in foreign countries involving expenditur-'s from funds appropriated
or otherwise made available to the Department of State, without Aft,
regard to the provisions of section 3741 of the Revised Statute (41
U.S.C. 22) : Provided, That nothing in this section shall be construed to
waive the provisions of section 431 of title 18 of the United States Code.
SEC. 10. Appropriated funds made ava lable to the Department of
State for expenses in connection with travel of personnel outside the
continental United States, including travel of dependents and trans-
portation of personal effects, household gc ods, or automobiles of such
personnel shall be available for such expe ses when any part of such
travel or transportation begins in one fis,;al year pursuant to travel
orders issued in that year, notwithstandir:g the fact that such travel
or transportation may not be completed during that same fiscal year.
SEC. 11. Notwithstanding the provisions of section 16(a) of the
Act of August 2, 1946 (5 U.S.C. 78(c)), the Secretary of State may
authorize any chief of diplomatic mission to approve the use of Gov-
ernment-owned vehicles or taxicabs in any foreign country for trans-
portation of United States Government employees from their residence
to the office and return when public transportation facilities other than
taxicabs are unsafe or are not available.
SEC. 12. The Secretary of State, with th -1 approval of the Bureau of
the Budget, shall prescribe the maximum rates of per diem in lieu of
subsistence (or of similar allowances the:?efor) payable while away
from their own countries to foreign participants in any exchange of
persons program, or in any program of furnishing technical infor-
mation and assistance, under the jurisdiction of any Government
agency, and said rates may be fixed without regard to any provision
of law in limitation thereof.
SEC. 13. Allowances granted under section 901(1) of the Foreign
Service Act of 1946 (22 U.S.C. 1131(1)), may include water, in addition
to the utilities specified.
SEC. 14. Appropriations now or hereafter made available for allow-
ances granted under the authority in part A of title IX of the Foreign
Service Act of 1946, as amended (22 U.S.C 1131), including an allow-
ance for water as authorized in section 13 o:.' this Act shall be available
for the payment of such allowances in advance.
SEC. 15. Appropriations to carry out the purposes of this Act are
hereby authorized. When so provided in an appropriation law, an
appropriation made to the Department of State may remain available
until expended.
Approved August 1, 1956.
Paragraph 4 of section 104 of the Internt;l Revenue Code of 1954,
as amended
? 104. Compensation for injuries or sickness.
(a) IN GENERAL.-Except in the case of amounts attributable to
(and not in excess of) deductions allowed under section 213 (relating
to medical, etc., expenses) for any prior taxable year, gross income
does not include-
(1) amounts received under workmen's compensation acts as
compensation for personal injuries or s:ekness;
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(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
'*Awl .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);
and
(4) amounts received as ,a pension, annuity, or similar allow-
ance for personal injuries or sickness resulting from active serv-
ice in the armed forces of any country or in the Coast and Geo-
detic Survey or the Public Health Service[.], or as a disability
annuity payable under the provisions of section 831 of the Foreign
Service Act of 1946, as amended (22 U.S.C. 1081; 60 Stat. 1021).
(b) Cross references.
Section 402(a) of the Internal Revenue Code of 1954, as amended
?"402. Taxability of beneficiary of employees' trust.
(a) Taxability of beneficiary of exempt trust.
(1) General rule.
Except as provided in [paragraph (2)], paragraphs (2) and (3),
the amount -actually distributed or made available to any distributee
by any employees' trust described in section 401(a) which is exempt
from tax under section 501 (a) shall be taxable to him, in the year in
which so distributed or made available, under section 72 (relating to
annuities) except that section 72(c)(3) shall not apply. The amount
actually distributed or made available to any distributee shall not
moo' include net unrealized appreciation in securities of the employer cor-
poration attributable to the amount contributed by the employee.
Such net unrealized appreciation and the resulting adjustments to
basis of such securities shall be determined in accordance with regu-
lations prescribed by the Secretary or his delegate.
(2) Capital gains treatment for certain distributions.
In the case of an employees' trust described in section 401(a), which
is exempt from tax under section 501 (a), if the total distributions
payable with respect to any employee are paid to the distributee
within 1 taxable year of the distributee on account of the employee's
death or other separation from the service, or on account of the death
of the employee after his separation from the service, the amount of
such distribution, to the extent exceeding the amounts contributed by
the employee (determined by applying section 72(f), which employee
contributions shall be reduced by any amounts theretofore distributed
to him which were not includible in gross income, shall be considered
a gain from the sale or exchange of a capital asset held for more than
6 months. Where such total distributions include securities of the
employer corporation, there shall be excluded from such excess the
net unrealized appreciation attributable to that part of the total dis-
tributions which consists of the securities of the employer corporation
so distributed. The amount of such net unrealized appreciation and
the resulting adjustments to basis of the securities of the employer ad-
justments to basis of the securities of the employer corporation so
distributed shall be determined in accordance with regulations pre-
' scribed by the Secretary or his delegate.
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(3) The amount includible under this subsection as the gross income
of a nonresident alien individual with respect to a distribution made by
the United States in respect of services performed by an employee of the
United States shall not exceed an amount which bears the same rAo to
the amount includible in gross income wit.~out regard to this paragraph as
the aggregate compensation paid by the United States to such employee for
such services and includible in gross income under this subtitle or prior
income tax laws bears to the aggregate compensation paid by the United
States to such individual whether or not includible in gross income.
[(3)] (4) Definitions.
For purposes of this subsection-
(A) The term "securities" means onl,r shares of stock and bonds or
debentures issued by a corporation with interest coupons or in regis-
tered form.
(B) The term "securities of the employer corporation" includes
securities of a parent or subsidiary corporation (as defined in section
421(d) (2) and (3) of the employer corporation.
(C) The term "total distributions payable" means the balance to
the credit of an employee which becomes payable to a distributee on
account of the employee's death or othe ? separation from the service,
or on account of his death after separation from the service.
871. Tax on nonresident alien individ zals.
Section 871(d) of the Internal Revenue Code of 1954, as amended
(d) [Doubling of tax.
For doubling of tax on citizens of certain foreign countries, see
section 891.]
(d) Cross Reference.-
(1) For doubling of tax on citizens of certain foreign countries, see
section 891.
(2) For taxability of amounts paid by the United States to certain
nonresident alien employees or their benef :ciaries, see section 402(a) (3).
Section 12 of the Act of June 26, 1884.
[No fees named in the tariff of consular fees prescribed by order
of the President shall be charged or collected by consular officers for
the official services to American vessels ard seamen. Consular officers
shall furnish the master of every such v,,ssel with an itemized state-
ment of such services performed on account of said vessel, with the
fee so prescribed for each service, and make a detailed report to the
Secretary of the Treasury of such serviecs and fees, under such regu-
lations as the Secretary of State may pre scribe; and the Secretary of
the Treasury shall allow consular officers who are paid in whole or in
part by fees such compensation for said services as they would have
received but for the above prohibition: Provided, That such services,
in the opinion of the Secretary of the Treasury, have been necessarily
rendered.] (June 26, 1884, ch. 121, ? 12, 23 Stat. 56.)
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Section 1 of Chapter 223 of the Act of June 4, 1920, as Amended.
There shall be collected and paid into the Treasury of the United
`rWW' Stag quarterly a fee of $1 for executing each application for a pass-
port and $9 for each passport issued to a citizen or person owing allegi-
ance to or entitled to the protection of the United States: Provided,
That nothing herein contained shall be construed to limit the right of
the Secretary of State by regulation to authorize the retention by
State officials of the fee of $1 for executing an application for a pass-
port: And provided further, That no fee shall be collected for passports
issued to officers or employees of the United States proceeding abroad
in the discharge of their official duties, or to members of their imme-
diate families, [or to seamen,] or to widows, children, parents,
brothers, and sisters of American soldiers, sailors, or marines, buried
abroad whose journey is undertaken for the purpose and with the
intent of visiting the graves of such soldiers, sailors, or marines, which
facts shall be made a part of the application for the passport. (June
4, 1920, ch. 223, ? 1, 41 Stat. 750.)
Section 4 of the Foreign Service Buildings Act, 1926, as Amended.
SEC. 4. * * *
(a) For the purpose of carrying into effect the provisions of sections
292-294, 295, 296, 297, 299, and 300 of this title there is authorized to
be appropriated an amount not exceeding $10,000,000, and the appro-
priations made pursuant to this authorization shall constitute a fund
to be known as the Foreign Service Building Fund, to remain avail-
able until expended. Under this authorization not more than
$2,000,000 shall be appropriated for any one year, but within the total
authorization provided in said sections the Secretary of State, subject
to the direction of the commission, may enter into contracts for the
acquisition of the buildings and grounds authorized by said sections.
In the case of the buildings and grounds authorized by sections 292-
294, 295, 296, 297, 299, and 300 of this title, after the initial altera-
tions, repairs, and furnishing have been completed, subsequent expend-
itures for such purposes may be made out of the appropriations au-
thorized by said sections in amounts authorized by the Congress each
fiscal year.
(b) For the purpose of carrying into effect the provisions of sections
292, 294, 295, 296, 297, 299, and 300 of this title there is authorized to
be appropriated, in addition to amounts previously authorized, an
amount not to exceed $90,000,000, which shall be available exclusively
for payments representing the value, in whole or in part, of property
or credits in accordance with the provisions of section 295b of this
title. Sums appropriated pursuant to this authorization shall remain
available until expended. (May 7, 1926, ch. 250, ? 4, 44 Stat. 404;
June 19, 1952, ch. 446, ? 2, 66 Stat. 140.)
(c) For the purpose of carrying into effect the provisions of this
Act there is hereby authorized to be appropriated, in addition to
amounts previously authorized, an amount not to exceed $100,000,000,
of which $50,000,000 shall be available exclusively for payments repre-
senting the value in whole or in part, of property or credits in accord-
ance with the provisions of the Act of July 25, 1946 (60 Stat. 663).
Sums appropriated pursuant to this authorization shall remain avail-
able until expended.
O
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