FOREIGN SERVICE ACT OF 1946 (PUBLIC LAW 724, 79TH CONGRESS) AS AMENDED TO NOVEMBER 30, 1962

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-03721A000600010019-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 207
• Document Creation Date: December 9, 2016
• Document Release Date: June 2, 1999
• Sequence Number: 19
• Publication Date: November 30, 1962
• Content Type: REGULATION

Approved For Release 2000/QNilzj,W8-03721 A000600010019-3
THE FOREIGN SERVICE ACT OF 1946
(Public Law 724, 79th Congress)
as amended to November 30, 1962
Printed for the use of the Committee on Foreign Affairs
U.S. GOVERNMENT PRINTING OFFICE
91189 WASHINGTON : 1962
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
CONTENTS
Pale
TITLE I-SHORT TITLE, OBJECTIVES, AND DEFINITIONS --------------- I
Part A-Short Title-------------------------------------------- 1
Part B-Objectives-------------------------------------------- 1
Part C-Definitions-------------------------------------------- 2
TITLE II-GOVERNING BODIES FOR THE DIRECTION OF THE SERVIC2
Part A-Ofl'icers----------------------------------------------- 2
Director General__________________________________________ 2
Part B-Boards----------------------------------------------- 3
Board of the Foreign Service________________________________ 3
The Board of Examiners for the Foreign Service_______________ 3
TITLE III-DUTIES------------------------------------------------ 4
Part A-General Duties________________________________________ 4
Compliance with Terms of Statutes, International Agreements,
and Executive Orders ------------------------------------- 4
Duties for Which Regulations May Be Prescribed------------- 4
Delegation of Authority To Prescribe Regulations _ _ _ _ _ _ _ _ _ _ _ _ 4
Part B-Services for Government Agencies and Other Establishments
of the Government__________________________________ 4
TITLE IV-CATEGORIES AND SALARIES OF PERSONNEL________________ 4
Part A-Categories of Personnel_________________________________ 4
Part B-Salaries---------------------------------------------- 5
Chiefs of Mission------------------------------------------ 5
Foreign Service Officers ------------------------------------ 5
Salaries at Which Foreign Service Officers May Be Appointed_ _ 6
Foreign Service Reserve Officers_____________________________ 6
Foreign Service Staff Officers and Employees__________________ 7
Salaries at Which Foreign Service Staff Officers and Employees
May Be Appointed-------------------------------------- 8
Salaries of Alien Clerks and Employees_______________________ 8
Salaries of Consular Agents_________________________________ - 8
Part C-Salaries of Officers Temporarily in Charge---------------- 8
As Charges d'Affaires ad Interim____________________________ 8
As Officers in Charge of Consulates General or Consulates ------ 9
Part D-Time of Receiving Salary_______________________________ 9
Chiefs of Mission------------------------------------------ 9
Other Officers and Employees_______________________________ 9
Part E-Classification ------------------------------------------ 10
Classification of Positions in the Foreign Service and in the
Department - -- -- - - - -- 10
Administrative Establishment of Salary Differentials__ _ _ _ _ _ _ _ _ _ 10
Compensation Plans for Alien Employees_____________________ 11
Classification of Consular Agents____________________________ 11
Exemption from the Application of the Classification Act ------- 11
TITLE V-APPOINTMENTS AND ASSIGNMENTS__________________________ 11
Part A-Principal Diplomatic Representatives -------------------- 11
Policy---------------------------------------------------- 11
Appointments--------------------------------------------- 11
Lists of Foreign Service Officers Qualified To Be Career Ministers
or Chiefs of Mission To Be Furnished to the President------- 12
Part B-Foreign Service Officers________________________________ 12
Appointments--------------------------------------------- 12
Commissions---------------------------------------------- 12
Limits of Consular Districts________________________________ 12
Assignments and Transfers_________________________________ 12
Citizenship Requirements___________________________________ 13
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
IV CONTENTS
TITLE V-APPOINTMENTS AND ASSIGNMENTS --- C011tinued
Part B-Foreign Service Officers--Continued Page
Admission to Class 7 or 8------------------------------------ 13
Admission to Classes 1 to 7, inclusive --------- ---------------- 13
Admission to the Class of Career Minister --------------------- 14
Reassignment to Foreign Service of Former Ambassadors and
Ministers------------------------ - ----------------------- 14
Reappointment, Recall, or Reemployment of Foreign Service
Officers------------------------------------------------- 14
Part C-Foreign Service Reserve Officers------------------------- 14
Establishment of Reserve----------------------------------- 14
Appointments and Assignments to the Reserve------- --------- 14
Appointment or Assignment to a Class----------------------- 15
Commissions---------------------------------------------- 1.5
Benefits--------------------------------------------------- 1-5
Reappointment or Reassignment of Reserve Officers ----------- - 16
Reinstatement of Reserve Officers ---------------------------- 16
Part D-Foreign Service Staff Officers and Employees-------------- 16
Appointments---------------------------------------------- 16
Assignments and Transfers--------------------------------- 16
Commission as Consul or Vice Consul________________________ 17
Citizenship Requirement----------------------------------- 17
Part E--Alien Clerks and Employees ---------------------------- 17
Appointments---------------------------------------------- 17
Assignments and Transfer ---------------------------------- 17
Part F-Consular Agents ---------------------------------------- 17
Part G-Assignment of Personnel by the War and Navy Departments_ 17
As Couriers and Inspectors of Buildings---------------------- - 17
As Custodians--------------------------------------------- 17
Part H-Assignment of Foreign Service Personnel----------------- 18
Assignments to Any Government Agency or International Organi-
zation -------------------------------------------------- 18
Compulsory Service of Foreign Service Officers in the Continental
United States------------------------------------------- 19
Assignment for Consultation or Instruction -------------------- 19
Assignment to Trade, Labor, Agricultural, Scientific, or Other
Conferences---------------------------------------------- 19
Assignments to Foreign Governments------- ---------------- 19
Foreign Language Knowledge Prerequisite to Assignment-_----_ 20
TITLE VI-PERSONNEL ADMINISTRATION----------------------------- 20
Part A-Definitions-------------------------------------------- 20
Part B-Efficiency Records -------------------------------------- 2
Responsibility of the Director General for the Keeping of Effi-
ciency Records------------------------------------------ 20
To Whom Records Shall Be Available________________________ 20
Part C-Promotion of Foreign Service Officers and Foreign Service
Reserve Officers-------------------------------------- 21
Promotion of Foreign Service Officers by Selection------------- 21
Eligibility------------------------------------------------- 21
Recommendations for Promotion ----------------------------- 21
Promotion of Foreign Service Reserve Officers------------------ 21
Within-class Salary Increases of Foreign Service Officers and
Reserve Officers-----------------------------.------------ 22
Relationship Between Promotions and Functional and Geographic
Area Specialization______________________________________ 22
Part D-Separation of Officers and Employees from the Service-____ 22
Foreign Service Officers Who are Career Ambassadors or Career
Ministers----------------------------------------------- 22
Participants in the Foreign Service Retirement and Disability
System who are not Career Ambassadors or Career Ministers- 22
Selection-out---------------------------------------------- 23
Selection-out Benefits______________________________________ 23
Foreign Service Officers Retired from Class 7 or 8 - - - - - - - - - - - - - 24
Voluntary Retirement-------------------------------------- 24.
Separation for Cause--------------------------------------- 24
Termination of Limited Appointments of Foreign Service Re-
serve Officers and Staff Officers and Employees--- - - - - - - - - - - - 25
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/1 UTG DP78-03721 A00060001 0019-3
TITLE VI-PERSONNEL ADMINISTRATION-Continued
Page
Part E-Promotion of Foreign Service Staff Officers and Employees__
25
Class Promotion of Staff Personnel__________________________
25
Within-Class Salary Increases_______________________________
26,
Part F-Separation of Staff Officers and Employees________________
26
For Unsatisfactory Performance of Duty---------------------
26,
For Misconduct or Malfeasance_____________________________
26
Part G-Promotion and Separation of Alien Clerks and Employees-_
26
Promotion------------------------------------------------
26
For Unsatisfactory Performance of Duty_____________________
26
Separation for Misconduct or Malfeasance____________________
27
Part H-Separation of Consular Agents__________________________
27
Part I-Inspections--------------------------------------------
27
TITLE VII-THE FOREIGN SERVICE INSTITUTE -------------------------
27
Establishment of the Institute______________________________
27
The Director of the Institute-Appointment, Salary, and Duties-
27
Aid to Nonprofit Institutions -------------------------------
28
Appointment, Assignment, and Detail to the Institute ---------
28
Instruction and Education at Other Localities Than the Institute _
29
Endowments and Gifts to the Institute_______________________
29
Acquisition of Real Property for the Institute-----------------
29
TITLE VIII-THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYS-
TEM------------------------------------------------
29
Part A-Establishment of System -------------------------------
29
Rules and Regulations_____________________________________
29
Maintenance of Fund______________________________________
30
Participants----------------------------------------------
30
Annuitants-----------------------------------------------
31
Part B-Compulsory Contributions______________________________
31
Part C-Computation of Annuities______________________________
32
Part D-Benefits Accruing to Certain Participants----------------
33
Retirement for Disability or Incapacity-Physical Examination-
Recovery-----------------------------------------------
33
Death in Service__________________________________________
35
Retirement of Persons Who Are Participants Under Section
803(A)(3)-----------------------------------------------
36
Discontinued Service Retirement____________________________
36
Part E-Disposition of Contributions and Interest in Excess of Bene-
fits Received----------------------------------------
37
Part F-Period of Service for Annuities__________________________
37
Computation of Length of Service___________________________
37
Prior Service Credit________________________________________
38
Extra Service Credit for Service at Unhealthful Posts__________
39
Credit for Service While on Military Leave___________________
40
Recomputation of Annuities of Certain Former Participants _ _ _ _
40
Part G-Moneys----------------------------------------------
40
Estimate of Appropriations Needed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
40
Annual Report to Congress_________________________________
40
Investment of Moneys in the Fund__________________________
40
Attachment of Moneys_____________________________________
40
Part H-Annuitants Recalled, Reinstated, or Reappointed in the
Service or Reemployed in the Government______________________
41
Recall---------------------------------------------------..
41
Reemployment--------------------------------------------
41
Part I-Voluntary Contributions________________________________
41
TITLE IX-ALLOWANCES AND BENEFITS______________________________
42
Part A-Allowances and Special Allotments_______________________
42
Representation Allowances__________________________________
42
Part B-Travel and Related Expenses _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
43
General Provisions_________________________________________
43
Loan of Household Furnishings and Equipment---------------
44
Transportation of Motor Vehicles____________________________
44
Part C-Commissary Service___________________________________
45
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvied For Release 2000/ O%I IA-RDP78-03721 A000600010019-3
TITLE IX-ALLOWANCES AND BENEFITS-Continued Pagel
Part D-Leaves of Absence------------------------------------- 46
Annual Leave--------------------------------------------- 46
Ordering Return of Personnel to United States on Leaves of
Absence --------------- --------------------------------- 46
Reserve Officers Assigned to the Service---------------------- 46
Transfer of Leave of Absence------------------------------- 47
Application of Annual and Sick Leave Act of 1951------------- 47
Part E-Medical Services-------------------------------------- 47
Expenses of Treatment -------------------------------------- 47
Travel for Medical Purposes-------------------------------- 48
Physical Examinations and Costs of Inoculations..------------- 48
TITLE X-MISCELLANEOUS------------------------------------------ 49
Part A-Prohibitions------------------------------------------ 49
Against Uniforms------------------------------------------ 49
Against Accepting Presents--------------------------------- 49
Against Engaging in Business Abroad------------------------- 49
Against Correspondence on Affairs of Foreign Governments----- 49
Against Political, Racial, Religious, or Color Discrimination- - - - 49
Part B-Bonds------------------------------------------------ 50
Part C-Gifts------------------------------------------------- 50
Part D-Authorization to Retain Attorneys---------------------- 51
Part E-Delegation of Authority-------------------------------- 52
Part F-Exemption from Taxation------------------------------ 52
Part G-Interpretation of the Act------------------------------- 52
Liberal-Construction Clause-------------------------------- 52
Provisions That May Be Held Invalid----------------------- 52
Headings of Titles, Parts, and Sections----------.------------- 52
Provisions of the Act of July 3, 1946------------------------- 52
Part H-Authorization for Appropriations------------------------ 52
TITLEIXI-TEMPORARY PROVISIONS---------------------------------- 53
Part A-Temporary Provisions Concerning Appointments and Sal-
aries of Officers and Employees of the Service----------- 53
Reinstatement of Chiefs of Mission Who Are Former Foreign
Service Officers------------------------------------------ 53
Transfer of Foreign Service Officers From Old Classes to New
Classes------------------------------------------------- 53
Transfer of Other Officers and Employees of the Service From
Their Present Positions to New Positions------.------------- 53
In-class Promotions---------------------------.------------- 54
Rules Governing the Making of Salary Determinations in Carry-
ing Out an Initial Classification of the Service-------------- 54
Part B-Temporary Provisions Concerning Retirement------------- 54
Mandatory Retirement------------------------------------- 54
Rate of Annuities To Be Recomputed-----------.------------- 55
Part C-Miscellaneous Temporary Provisions ---------------------- 55
Bonds---------------------------------------------------- 55
Use of Appropriations-------------------------------------- 55
Part D-Repeal Clauses---------------------------------------- 55
Repeal of Particular Statutes..------------------------------ 55
General Repeal or Amendment Provision ---------------------- 60
Rights and Liabilities Under Statutes That Are Repealed------ 60
Statutes Previously Repealed by Implication------------------ 61
Continuance in Force of Existing Rules, Regulations, and Execu-
tive Orders---------------------------------------------- 61
Part E-Effective Date of Act----------------------------------- 61
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09 ?EMA-RDP78-03721A0006ft010019-3
APPENDIXES
List of Laws Which Repealed, Amended, or Otherwise Affected
I
rage
65
.
Sections of the Foreign Service Act of 1946------------------
65
Public Law 135-68th Congress (Rogers Act)------------------
II
72
.
III. Public Law 715-71st Congress (Moses-Linthicum Act) ---------
83
IV. Public Law 40-76th Congress -------------------------------
V. Public Law 197-76th Congress------------------------------
90
92
Public Law 277-76th Congress------------------------------
VI
93
.
Public Law 464-76th Congress------------------------------
VII
95
.
VIII. Public Law 17-77th Congress-------------------------------
95
IX. Public Law 69-77th Congress-------------------------------
96
X. Public Law 48-79th Congress-------------------------------
-----
XI. Public Law 488-79th Congress-------------------------
-------
102
XII. Public Law 724-79th Congress-----------------------
-----
144
XIII. Public Law 73-81st Congress--------------------------
145
XIV. Public Law 759-83d Congress -------------------------------
XV. Public Law 22-84th Congress-------------------------------
146
150
0
XVI. Public Law 250-84th Congress-------------------------------
-------
-
15
-
XVII. Public Law 828-84th Congress---------------------
-------
156
XVIII. Public Law 885-84th Congress-----------------------
-------
156
XIX. Public Law 86-707----------------------------------
-------
171
XX. Public Law 86-723----------------------------------
-----
171
Index----------------------------
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11 : CIA-RDP78-03721A000600010019-3
FOREIGN SERVICE ACT OF 1946, AS AMENDED TO
NOVEMBER 30, 1962
[PUBLIC LAW 724-79TH CONGRESS]
[CHAPTER 957-2D SESSION
[H.R. 69671
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;
(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;
(6) to provide for the temporary appointment or assignment
to the Foreign Service of representative and outstanding citizens
of the United States possessing special skills and abilities;
(7) to provide salaries, allowances, and benefits that will per-
mit the Foreign Service to draw its personnel from all walks of
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Rele q ? QQg9il ,i0cI R P77B03721A000600010019-3
American life and to appoint persons to the highest positions in
the Service solely on the basis of their demonstrated ability;
(8) to provide a flexible and comprehensive framework for the
direction of the Foreign Service in accordance with modern prac-
tices in public administration; and
(9) to codify into one Act all provisions of law relating to the
administration of the Foreign Service.
SEC. 121. When used in this Act, the term-
1) "Service" means the Foreign Service of the United States;
(2) "Secretary" means the Secretary of State ?
M "Department" means the Department of ~tate ;
"Government agency" means any executive department, board,
bureau, commission, or other agency in the executive branch of the
Federal Government, or any corporation wholly owned (either direct-
ly or through one or more corporations) by the United States;
(5) "Government" means the Government of the United States of
America ;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" means all areas not included in the continental United
States as defined in paragraph (6) of this section;
(8) "Principal officer" means the officer in charge of an 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 States, or any person assigned under the terms of this Act to
be minister resident, charge d'aflaires, commissioner, or diplomatic
agent.
TITLE II-GOVERNING BODIES FOR THE DIRECTION
OF THE SERVICE
1 SEC. 201. The Service shall be administered by a Director General
of the Foreign Service, hereinafter referred to as the Director Gen-
eral, who shall be appointed by the Secretary from among Foreign
Service officers in the class of career minister or in class 1. Under the
general supervision of the Secretary and the Assistant Secretary of
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
1 Bee footnote on D. B.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseT2OOOJ0 t1 SEQI&R ZP-4s 721 A000600910019-3
by the terms of any law or by any order or regulation issued pursuant
to law or by any international agreement to which the United States
is a party.
SEG. 202. [Repealed by P.L. 81-73, (63 Stat. 111; 22 U.S.G. 811a).]
PART B-BOARDS
BOARD OF THE FOREIGN SERVICE
2 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.
g Amended by sec. 3 of P.L. 81-73 (63 Stat. 111; 22 U.S.C. 811a), which reads as
follows: "The Secretary of State, or such person or persons designated by him, notwith-
standing the provisions of the Foreign Service Act of 1946 (60 stat. 909) or any other
law, except where authority is inherent in or vested in the President of the United States
shall administer coordinate and direct the Foreign Service of the United States and
the personnel oil the State bepartment. Any provisions in the Foreign Service Act of
1946 or in any other law, vesting authority in the 'Assistant Secretary of State for
Administration', the 'Assistant Secretary of State in Charge of the Administration of the
Department', the 'Director General', or any other reference with respeet thereto, are hereby
amended to vest such authority in the Secretary of State." he Deputy Under Secretary
for Administration at present serves as Chairman of the Board of the oreign Service.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Relea 2 Q /I]vIWAR[W7l8.4Q3721A000600010019-3
TITLE III-DUTIES
PART A-GENERAL DUTIES
COMPLIANCE WITH TERMS OF STATUTES, INTERNATIONAL AGREEMENTS,
AND EXECUTIVE ORDERS
SEC. 301. Officers and employees of the Service shall, under the
direction of the Secretary, represent abroad the interests of the United
States and shall perform the duties and comply with the obligations
resulting from the nature of their appointments or assignments or
imposed on them by the terms of any law or by any order or 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 a:nd
obligations of officers and employees of the Service and the admin-
istration of the Service.
DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS
SEC. 303. In cases where authority to prescribe regulations relating
to the Service or the duties and obligations of officers and employees
of the Service is specifically vested in the President by the terms of
this or any other Act, the President may, nevertheless, authorize the
Secretary to prescribe such regulations.
PART B-SERVICES FOR GOVERNMENT AGENCIES AND OTHER
ESTABLISHMENTS OF THE GOVERNMENT
SEc. 311. The officers and employees of the Service shall, under
such regulations as the President may prescribe, perform duties and
functions in behalf of any Government agency or any other establish-
ment of the Government requiring their services, including those in
the legislative and judicial branches, but the absence of such 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 Department, request their services.
TITLE IV-CATEGORIES AND SALARIES OF PERSONNEL
PART A-CATEGORIES OF PERSONNEL
SEC. 401. The personnel of the Service shall consist, of the following
categories of officers and employees :
(1) Chiefs of. mission, who shall be appointed or assigned in
accordance with the provisions of section 501;
(2) Foreign Service officers, who shall be appointed in accordance
with section 511, including those serving as chiefs of mission;
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseA09d9P/G&1 sE ERA?7, -9p47621 A000600910019-3
(3 Foreign Service Reserve officers, who shall be assigned to
the Service on a temporary basis from Government agencies or ap-
pointed on a temporary basis from outside the Government in ac-
cordance with the provisions of section 522, in order to make avail-
able to the Service such specialized skills as may from time to time
be required;
(4) Foreign Service stair officers and employees, who shall be ap-
pointed 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 Sic. 411. The President shall for salary purposes classify into
four classes the positions which are to be occupied by chiefs of mis-
sion. 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.
4 Sic. 412. There shall be 10 classes of Foreign Service Officers, in-
cluding the classes of career ambassador and of career minister. The
a As amended by sec. 2 of P.L. 84-828 (70 Stat. 704; 22 U.S.C. 866). See footnote 4
for text of see. 16(f) of P.L. 84-828, relating to effective date of salary increases for
chiefs of mission. Authority to classify positions of chiefs of mission was delegated to
the
4 Secretary by E.O. 9799. As amended by P.L. 84-250 (69 Stat. 538) ; and subsequently amended and restated by
P.L. 84-828 (70 Stat. 704; 22 U.S.C. 867). Subsections (a), (b), (a), and (f) of sec.
16, P.L. 84-828, read as follows:
"Sue. 16. (a) Foreign Service officers presently serving in the class of career ambassador
and the class of career minister shall receive the salary prescribed for career ambassadors
and for career ministers, respectively, by sec. 412 of such Act, as amended
"(b) Foreign Service officers and Reserve officers in the other classes shall be trans-
ferred to the new classes established by sec. 412 of such Act, as amended, as follows :
Officers of class 1 to the new class 1 ? officers of class 2 to the new class 2; officers of
class 3 of the new class 3; officers o1 class 4 to the new classes 4 or 5 as determined
by the Secretary, in accordance with the second sentence of this subsection ; officers of
class 5 to the new class 6 ? and officers of class 6 to- the new class 7. In accordance
with such regulations as the Secretary may prescribe there shall be transferred to the
new class 4 those officers of the present class 4 who either arc receiving the sixth through
the eighth step rates of the present class 4 or who were eligible and were recommended
for promotion by the selection board next preceding the effective date of this Act. All
remaining officers in the present class 4 shall be transferred to the new class 5.
' (c) Each officer transferred pursuant to paragraph (;b) of this section shall, under
such regulations as the Secretary may prescribe receive basic salary at that one of the
rates of the class to which he is transferred whici, shall, as nearly as possible, correspond
to the salary he is receiving at the time of transfer, except that no officer shall suffer a
reduction in basic salary as a result thereof.
"(f) The class and salary adjustments made pursuant to paragraphs (a), (b), and
(e) of this section and the salary increases for chiefs of mission authorized by section
2 of this Act shall be made effective as of the first day of the first pay period which begins
after the date of enactment of this Act or on the first day of the first pay period which
begins after July 1, 19561, whichever shall be later."
(Although the above text does not amend any specific section of the Act, it was included
in the Foreign Service Act Amendments of 1956 and is considered a part of the Foreign
Service Act as amended.)
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Rele gqfp95/~GIi,RPr9603721A000600010019-3
per annum salary of a career ambassador shall be $20,000. 1) The per
annum salary of a career minister shall be $19,800.
On the first day of the first pay period which begins on or after
the date of enactment of the Foreign Service Salary Reform Act of
1962, the per annum salaries of Foreign Service officers within each
of the other classes shall be as follows: e
Class 1-------------------------
$18,975
$19,650
----- ----
----------
----------
-
claw, _________________________
Class 3
16,900
16,400
$16,900
$17,400
$17,900
----
-----
$18,400
-----------
$18,90)
-------------------------
Class 4
- 13,440
,
13,885
14,330
14,775
15,220
15,665
16,111)
_________________________
Class 5
11
150
11,515
11,880
12,245
12,610
12,975
13,340
_________________________
Class 6
9,316
0,620
9,925
10,230
10,535
10,840
11,145
_________________________
Class 7
7,705
7, 960
8,216
8,470
8, 725
8, 980
9,235
_________________________
Class 8
6,475
6,690
6,905
7,120
7,335
7,550
7,765
_________________________
5,540
5,725
5,910
6,095
6,280
6,465
6,60
On the first day of the first pay period which begins on or after
January 1, 1964, the per annum salaries of Foreign Service officers
within each of the other classes shall be as follows:
Class 1----------------------- '-
$18,975
$19,650
-
Class 2_________________________
15,900
16,400
$16,900
$17,400
$17,
$18,400
$18,900
Class 3_________________________
14,265
14,735
15,205
15,675
16,145
16,615
17,085
Class 4_________________________
11725
12,110
12,495
12,830
13,265
13,650
14,035
class 5-------------------------
9,695
10,015
10,335
10,655
10,975
11,295
11,615
Class fi_________________________
8,090
8,355
8,620
8,885
9,160
9,416
9,68(1
class 7---------------------- ___
6,810
7,035
7,260
7,485
7,710
7,935
8,160
Class 8_________________________
51795
5,990
6,185
6,360
6,575
6,770
6,965
7 SEC. 413. A person appointed as a Foreign Service officer shall.
receive basic salary at one of the rates of the class to which he is
appointed which the Secretary shall, taking into consideration his
age, qualifications, and experience, determine to he appropriate for
him to receive.
8 SEC. 414. (a) There shall be eight classes of Foreign Service Re-
serve officers, referred to hereafter as Reserve officers, which classes
shall correspond to classes 1 to 8 of Foreign Service officers.
(b) A Reserve officer shall receive salary at any one of the rates
provided for the class to which he is appointed or assigned in accord-
ance with the provisions of section 523.
(c) Any person assigned as a Reserve officer from any Government,
agency shall receive his salary from appropriations provided for the
Department during the period of his service as a Reserve officer.
5 P.L. 82-201 (65 Stat. 612) Increased the salary rate for career minister from $13,500
to $14,300. P.L. 84-94 (69 Stat. 172) increased the rate to $14 800. P.L. 84-828 (70
Stat. 704) Increased the rate to $17,500. P.L. 85-462 (72 Stat. 1111) Increased the rate
to $19,250, and P.L. 86-568 (74 Stat. 299; 22 U.S.C. 867) Increased the rate to $19,800.
8 Salary rates for Foreign Service officers, classes 1 through 6, were increased by
P.L. 41-160 (63 Stat. 407), P.L. 82-201 (t65 Stat. 612) and P.L. 84-94 (69 Stat. 172).
P.L. 84-828 (70 Stat. 704) added classes 7 and 8, and adjusted the salary rates of classes
1 through 8. P.L. 85-462 (72 Stat. 211), P.L. 86-588 (74 Stat. 299), and P.L. 87-793
(76 Stat. 861 ; 22 U.S.C. 867) further increased salary rates.
7Section 413(b) was amended by P.L. 83-759 (6S Stat. 1051). Section 413 was sub-
sequently amended andrestated by P.L. 84-22 (69 Stat. 24; 22 U.S.C. 868).
8 An amended by P.L. 84-828 (70 Stat. 704; 22 U.S.C. 869).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release PQA"I1st1GtkRBPc7ZO3V21A00060C7J10019-3
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
Sgo. 415. (a) Effective on the first day of the first pay period
which begins on or after the date of enactment of the Foreign Service
Salary Reform Act of 1962, there shall be ten classes of Foreign
Service staff officers and employees, referred to hereafter as staff offi-
cers and employees, and the per annum salaries of staff officers and
employees within each class shall be as follows : s
Class 1______________
$13,440
$13, 885
515
11
$14,330
11
880
$14,775
246
12
$15, 220
610
12
$16,665
075
12
$16,110
13,340
$16,555
13,705
$17, 000
14,070
___
Class 2_____________
Class 3
11,150
316
-9
,
9,620
,
9,925
,
10,230
,
10,535
,
10,840
11,145
11,450
11,755
-----
_____________
Class4-------------
,
7,705
6
910
7,960
140
7
8,215
370
7
8,470
600
7
8,725
830
7
8,980
8,060
9,235
8,290
9,490
8,520
0,745
8,750
_______
$8,980
Class5_____________
Class 6_____________
,
6,225
,
6,435
,
6, 645
,
0,855
,
7, 065
0
7, 275
560
8
7,485
750
6
7, 695
6
940
7,905
130
7
_
-
8,115
320
7
-
Class 7_____________
8
5,610
060
5
5,800
230
5
5,990
400
5
6,180
5,570
6,37
5,740
,
5,910
,
6,080
,
6,250
,
6,420
,
6,590
_____________
Class
Class 9______
,
4, 575
,
4, 725
0
,
4,875
4
390
5,025
530
4
6,175
870
4
8,325
4
825
5,475
980
4
5,625
5,135
6, 775
5,290
5,030
5,445
Class10-______
4,110
4,25
,
,
,
,
,
On the first day of the first pay period which begins on or after
January 1, 1964, the per annum salaries of staff officers and employees
within each class shall be as follows :
Class 1_____________
$14,265
11
725
$14,735
110
12
$15,205
495
12
$15,675
880
12
$16,145
265
13
$16,615
13,650
$17,085
14,035
$17,655
14,420
$18,025
14,805
--------
--------
Class 2_____________
Class 3 -------------
,
9,695
,
10,015
,
10,335
,
10,655
,
10,975
0
11,295
415
11,615
680
9
11,935
945
9
12,255
210
10
--------
---
Class 4 -------------
8,090
7
295
8,355
535
7
8,620
775
7
8,885
8
015
9,15
8,255
9,
8,495
,
8,735
,
8,975
,
9,215
-----
$9,455
class 5 -------------
Class 6_____________
,
6,670
0
,
6,785
085
6
,
7,000
280
6
,
7,215
6
476
7,430
670
6
7,645
6
865
7,860
7,060
8,075
7,255
8,290
7,450
8,505
7,645
Class 7_______
Class 8-------
5,89
5,270
,
5,445
,
5,620
,
5,795
,
5,970
,
6,145
0
6,320
645
6
6,495
800
6
6.670
955
5
6,845
110
6
Class 9______
_
4, 715
215
4
4, 870
4
355
5,025
4
495
5,180
835
4
5,335
4,775
5,49
4,915
,
5,060
,
5,215
,
5,370
,
5,625
_
Class 10__
,
,
,
,
(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, the Secretary may, under such regulations as he may prescribe,
classify positions at levels below class 10, and establish salary rates
9 Salary rates for Foreign Service staff officers and employees, classes 1 through 22,
were increased by P.L. 81-160 (63 Stat. 407), P.L. 82-201 (65 Stat, 612), P.L. 84-94
(69 Stat. 172), P.L. 85-462 (72 Stat. 212) and P.L. 86-568 (74 Stat. 300). The number
of classes was reduced from 22 to 10 by I'.L. 87-793 (976 Stat, 862; 22 U.S.C. 870) and
salary -7 3 provided for conversion to the
rates as
the salary rates increased. Section 904 of appropriate 87!7V36
new classes and for determination of app p
"SEC. 904. Foreign Service officers, Reserve officers, and Foreign Service staff officers
and employees who are entitled to receive basic compensation immediately prior to the
effective date of this title at one of the rates provided by section 412 or 415 of the Foreign f
this title at the rate of their class determinedpto beiappropriate by the Secretary ofd State:
Provided, That staff officers and employees shall be transferred to the new staff classes
established by this Act as follows : Corresponding new class un-
Present class under section der section 415 of the For-
415 of the Foreign Service eign Service Act of 1046, as
Act of 1946 amended
FSS- 1---------------------------------------------------------------- FSS- 1
FSS- 2-------------------------------------------------------------- FSS- 1
FSS- 3----------------------------------------------------------------- FSS-2
FSS- 4----------------------------------------------------------------- FSS- 3
FSS- 5--------------------------------------------------------- -------
FSS- 6 - --------- - -- --------------- --- ------ - --- ----- ---- FSS- 8
FSS
7--- -------------- - - -- - ---- --- --------- --------
-------
FSS- 4
FSS-
8-----------------------------------------------------------
FSS- 6
FSS-
9----------------------------------------------------------
FSS- 7
----
FSS-10------- ----------------------------------------------------
_
FSS-11----------------------------------------------------------------- FSS- 8
FSS-12--------------------------------- --------------------------------
FSS-13---------------------------------------------------------------- FSS-10
FSS-14 and below ---------------------------------------------- --------
i Remain at present class and salary rate until revised pursuant to new section 415 (b)."
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Relea 2PA9i4W/1t-I J~ C~F71?193721 A000600010019-3
therefor at lower rates than those prescribed by this section, for Ameri-
can employees recruited abroad who are not available or are not
qualified for transfer to another post and who perform duties of a
more routine nature than are generally performed at the class 10
level.
SALARIES AT WHICH FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
MAY BE APPOINTED
10 SEC. 416. (a) A person appointed as a staff officer or employee
shall receive basic salary at one of the rates of the class to which he
is appointed which the Secretary shall, taking into account his quali-
fications and experience and the needs of the Service, determine to
be appropriate for him to receive.
(b) Whenever the Secretary determines that the needs of the
Service warrant the appointment of staff officers or employees in a
particular occupational group uniformly at a rate above the minimum
rate of the applicable class, he may adjust the basic salary of any
staff officer or employee in the same class and occupational group who
is receiving less than such established rate.
SALARIES OF ALIEN CLERKS AND EMPLOYEES
SEC. 417. The salary or compensation of an alien clerk or employee
shall be fixed by -the Secretary in accordance with such regulations as
he shall prescribe and, as soon as practicable, in accordance with the
provisions of section 444. The salary or compensation of an alien
clerk or employee fixed on a per annum basis may, notwithstanding
the provisions of any other law, be payable on a weekly or biweekly
basis. When a one- or two-week pay period of such a clerk or em-
ployee begins in one fiscal year and ends in another, the gross amount
of the earnings for such pay period may be regarded as a charge
against the appropriation or allotment current at the end of such pay
period.
SALARIES OF CONSULAR AGENTS
SEC. 418. The salary or compensation of a consular agent shall be
fixed by the Secretary in accordance with such regulations as he shall
prescribe and, as soon as practicable, in accordance with the provisions
of section 445.
PART C-SALARIES OF OFFICERS TEMPORARILY IN CHARGE
AS 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.
10 As amended and restated by P.L. 86--723 (74 Stat. 831; 22 U.S.C. 871).
11 A3 amended by P.L. 86-723 (74 Stat. 831; 22 U.S.C. 872).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 0p 1 S"E '9Pbf -P T21 A000600910019-3
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 in-
capacity of the principal officer, he shall receive, in addition to his
basic salary as Foreign Service officer or consul or vice consul, com-
pensation equal to that portion which the Secretary shall determine
to be appropriate of the difference between such salary and the basic
salary provided for the principal officer, or, if there be none, of the
former principal officer.
PART D-TIME OF RECEIVING SALARY
SEC. 431. 1-2(a) Under such regulations as the Secretary may pre-
scribe, a chief of mission may be entitled to receive salary from the
effective date of his appointment to the date marking his return to his
place of residence at the conclusion of the period of his official service
as chief of mission or upon termination of his service in accordance
with the provisions of paragraph (b) of this section, but no chief of
mission shall be entitled to receive salary while absent from his post
whenever the Secretary shall find that such absence was without
authorization or justification. If a chief of mission in one position is
appointed as chief of mission in another position, he shall be entitled
to receive the salary pertaining to the new position commencing on the
effective date of the new appointment.
13 (b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until
he has relinquished charge of the mission and for such additional
period as may be determined by the Secretary, but in no case shall such
additional period exceed fifty days, including time spent in transit.
During such period the Secretary may require him to render such serv-
ices as he may deem necessary in the interests of the Government.
(c) During the service of a Foreign Service officer as chief of
mission 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.
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 the termination of time spent
on authorized leave, whichever shall be later, but no such officer or
employee shall be entitled to receive salary while absent from his post
whenever the Secretary shall find that such absence was without
authorization or justification.
12 As amended by P.L. 86-723 (74 Stitt. 831 ; 22 U.S.C. 881).
18 As amended and restated by P.L. 86-723 (74 Stat. 831 ; 22 U.S.C. 881).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019.3
 Approvj~ For Rele ? PP/89%JV1&IA6 tgfTPjP3721A000600010019-3
(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 lie 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 promoted 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 he is promoted from the effective date of his
appointment to such class until the end of the next session. If the
senate should reject or fail to confirm the promotion of such an
-officer during the session 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 633,14 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
by 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 ter-
mination of that session.
CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE AND IN THE
DEPARTME NT
" SEC. 441. (a) Under such regulations as he may prescribe, and in
order to facilitate effective management, the Secretary shall classify all
positions in the Service at posts abroad, excluding positions to be
occupied by chiefs of mission, and in the case of those occupied by For-
eign Service officers, Reserve officers, and staff officers and employees,
he shall establish such positions in relation to the classes established by
sections 412, 414, and 415, respectively. Positions occupied by alien
employees and consular agents, respectively, shall be allocated to such
classes as the Secretary may establish by regulation.
(b) Under such regulations as he may prescribe, the Secretary may,
notwithstanding 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 officers and employees of the Service, and
establish such positions in relation to the classes established by sections
412, 414, and 415.
SEc. 442. (Repealed by P.L. 86-723; 74 Stat. 847).
" SEc. 443. (Repealed by P.L. 86-.707; 74 Stat. 795).
14 Reference to or 634" deleted by P.L. 84-22 (69 Stat. 24; 22 U.S.C. 882(c)).
11 Amended and restated by P.L. 86-723 (74 Stat. 831 ; 22 U.S.C. 886).
18 see sec. 231 of P.L. 86-707 for similar provisions.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release pj(j~ -&-JRPR7A-q;T~1A000600g100193
17 -SEC. 444. (a) The Secretary shall, in accordance with such regu-
lations as he may prescribe, establish compensation plans for allQn
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 Govern-
ment agencies are authorized to administer alien employee programs
in accordance 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
Y8 SEC. 446. Title II of the Act of November 26, 1940, entitled "An
Act extending the classified executive Civil Service. of the United
States" (54 Stat. 1212; 5 U.S.C. 681), is hereby further amended by
deleting paragraph (vii) of section 3(d) and by substituting in lieu
of the present language of paragraph (vi) of section 3(d) the follow-
ing language: "Offices or positions of officers and employees of the
Foreign Service".
TITLE V-APPOINTMENTS AND ASSIGNMENTS
PART A-PRINCIPAL DIPLOMATIC REPRESENTATIVES
POLICY
19 SEC. 500. It is the policy of the Congress that chiefs of mission
and Foreign Service officers appointed or assigned to serve the United
States in foreign countries shall have, to the maximum practicable
extent, among their qualifications, a useful knowledge of the principal
language or dialect of the country in which they are to serve, and
knowledge and understanding of the history, the culture, the economic
and political institutions, and the interests of such country and its
people.
20 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.
17 As amended anj restated by P.L. 76-723 (74 Stat. 832 ; 22 U.S.C. 889).
is No longer for applfeationr-see sec. 202 (2) of the' Classification Act of 1949 (P.L.
81-429, 63 longer 954; 5 U.S.C. 1082).
19 As s;ddedi by P.L. 86-723 (74 Stat. 832 ; 22 U.S.C. 900),.
20 As amended by P.L. 84-250 (69 Stat. 536; 22 U.S.C. 901).
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.3
 Approval For Rele QW9%Jj%ICpI#TRpP,~?g03721A000600010019-3
(b) The President may, in his discretion, assign any Foreign Service
officer to serve as minister resident, charge d'affaires, commissioner,
or diplomatic agent for such period as the public interest may require.
LISTS OF FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS
OR CHIEFS OF MISSION TO BE FURNISHED TO THE PRESIDENT
21 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 min-
ister 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 as-
signed to serve in a position which, in the opinion of the Secretary, is
of comparable importance. A list of such positions shall from time
to time be published by the Secretary. No person shall be appointed
into the class of career ambassador who has not (1) served for at least
fifteen years in a position of responsibility in a Government agency, or
agencies, including at least three years as a career minister; (2) ren-
dered exceptionally distinguished service to the Government; and
(3) met such other requirements as the Secretary shall prescribe.
(b) The Secretary shall also, on the basis of recommendations
made by the Board of the Foreign. Service, from time to time furnish
the President with the names of Foreign Service officers qualified for
appointment or assignment as chief of mission, together with per-
tinent information about such officers, in order to assist the President
in selecting qualified candidates for appointment or assignment in
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.
SEC. 512. Foreign Service officers may be commissioned as diplo
matic or consular officers or both and all official acts of such officers
while serving under diplomatic or consular commissions shall be per-
formed under their respective commissions as diplomatic or consular
officers.
LIMITS OF CONSULAR DISTRICTS
SEC. 513. The Secretary shall define the limits of consular districts.
ASSIGNMENTS AND TRANSFERS
SEC. 514. A Foreign Service officer, commissioned as a diplomatic
or consular officer, may be assigned by the Secretary to serve in any
diplomatic position other than that of chief of mission or in any con-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release ,i09JP t*k1scgWKI p-21 A00060991001943
sular position, and. he may also be assigned to serve in any other
capacity in which he is eligible to serve under the terms of this or any
other Act. He may be transferred from one post to, another by order
of the Secretary as the interests of the Service may require.
CITIZENSHIP REQUIREMENTS
SEC. 515. No person shall be eligible for appointment as it Foreign
Service officer unless he is a citizen of the United States and has been
such for at least ten years.
SEC.22 516. (a) No person shall be eligible for appointment as a
Foreign Service officer of class 8 unless he has passed such written, oral,
physical, and other examinations as the Board of Examiners for the
Foreign Service may prescribe to determine his fitness and aptitude
for the work of the Service and has demonstrated his loyalty to the
Government of the United States and his attachment to the principles
of the Constitution. The Secretary shall furnish the President with
the names of those persons who have passed such examinations and are
eligible for appointment as Foreign Service officers of class 8.
23 (b) The Secretary may furnish the President with the names of
those persons who have passed such examinations and are eligible for
appointment as Foreign Service officers of class 8, whom he recom-
mends for appointment directly to class 7 when in his opinion, their
age, experience, or other qualifications make such an appointment
appropriate.
ADMISSION TO CLASSES 1 TO 71 INCLUSIVE
"'SEC. 517. A person who has not been appointed as a Foreign 'Serv-
ice officer in accordance with section 516 of this Act shall not be eligible
for appointment as a Foreign Service officer of classes 1 to 7, inclusive,
unless he has passed comprehensive mental and physical examinations
prescribed by the Board of Examiners for the Foreign Service to de-
termine his fitness and aptitude for the work of the Service; demon-
strated his loyalty to the Government of the United States and his at-
tachment to the principles of the Constitution; and rendered at least
four years of actual service prior to appointment in a position of re-
sponsibility in the service.of a Government agency, or agencies, except
that, if he has reached the age of thirty-one years, the requirement as to
service may be reduced to three years. The Secretary shall furnish
the President with the names of those persons who shall have passed
such examinations and are eligible for appointment as Foreign Service
officers of classes 1 to 7, inclusive. The Secretary shall, taking into
consideration the age, qualifications, and experience of each candidate
for appointment, recommend the class to which he shall be appointed
in accordance with. the provisions of this section.
32 As amended by P.L. 84-828 (70 Stat. 704) ; and P.L. 86-723 (74 Stat. 882; 22
U.S.C. 911)
Added by P.L. 86-723 (74 Stat. 832; 22 U.S.C. 911).
24 As amendied by P.L. 84-22 (69 Stat. 24) ; P.L. 84-828 (70 Stat. 704) ; and P.L. 86-723
(74 Stat. 832; 22 U.S.C. 912).
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.f3
 Approved For Relea, . 2A,QIW/&'h~i IActgp7Q;Q3721A000600010019-3
2s SEC. 518. No person shall be eligible for appointment to the class
of career ambassador or career minister who is not a Foreign Service
officer.
REASSIGNMENT TO FOREIGN SERVICE OF FORMER AMBASSADORS AND
MINISTERS
SEC. 519. If, within three months of the date of the termination of
his services as chief of mission and of any period of authorized leave,.
a Foreign Service officer has not again been appointed or assigned as
chief of mission or assigned in accordance with the provisions of sec-
tion 514, he shall be retired from the Service and receive retirement,
benefits in accordance with the provisions of section 821.
26 REAPPOINTMENT, RECALL, OR REEMPLOYMENT OF FOREIGN SERVICE
OFFICERS
SEC. 520.28 (a) The President may, by and with the advice and con-
sent of the Senate, reappoint to the Service, a former Foreign Service
officer who has been separated from the Service. The Secretary shall,
taking into consideration the qualifications and experience of each
candidate for reappointment and the rank of his contemporaries in
the Service, recommend the class to which he shall be reappointed in
accordance with the provisions of this section.
21(b) 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 interest.
28 (c) Notwithstanding the provisions of title 5, United States Code,
section 62, and title 5, United States Code, section 715a, a Foreign
Service officer heretofore or hereafter retired under the provisions of
section 631 or 632 or a Foreign. Service staff 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 Govern-
ment service in any appointive position for which he is qualified. An
annuitant so reemployed shall serve at the will of the appointing
officer.
SEC. 521. In accordance with the terms of this Act and under such
regulations as the Secretary shall prescribe, there shall be organized
and. maintained a Foreign Service Reserve, referred to hereafter as
the Reserve.
29 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 may-
2 As amended by P.L. 84-250 (69 Stat. 536; 22 U.S.C. 918).
20 As amended by P.L. 86-723 (74 Stat. 832; 22 U.S.C. 915).
n As amended and restated by P.L. 86-723 (74 Stat. 832 ; 22 U.S.C. 915).
28 Added by P.L. 86-723 (74 Stat. 832; 22 U.S.C. 815).
29 As amended by P.L. 84-22 (69 Stat. 24 ; 22 U.S.C. 922).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releasgn 9A(QW iRQI -RDF678-*0is721A00060.O010019-3
(1) appoint as a Reserve officer for nonconsecutive periods of
not more than five years each, a person not in the employ of the
Government whom the Board of the Foreign Service shall deem
to, have outstanding qualifications;
(2) assign as a Reserve officer for nonconsecutive periods of
not more than five years each a person regularly employed in any
Government agency, subject, in the case of an of ploye to tha
Government agency other than t Department o ,
consent of the head of the agency concerned; and
80 (3) extend the appointment or assignment of any Reserve
officer, or continue the services of any such Reserve officer by
reappointment without regard to the provisions of section 527
of this Act, for not more than five additional years if the
Secretary deems it to be in the public interest to continue such
officer in the Service, except that the assignment of any Re-
serve officer under paragraph (2) above may not be extended
under the provisions of this paragraph without the consent of
the head of the agency concerned.
APPOINTMENT OR ASSIGNMENT TO A CLASS
SEC. 523. A Reserve officer, appointed or assigned to active duty,,
shall be appointed or assigned to a class and not to a particular post,.
and such an officer may be assigned to posts and may be transferred
from one post to another by order of the Secretary as the interests
of the Service may require. The class to which he shall be appointed
or assigned shall depend on his age, qualifications, and experience.
COMMISSIONS
SEC. 524. Whenever the Secretary shall deem it in the interests of
the Service that a Reserve officer shall serve in a diplomatic or con-
sular capacity, he may recommend to the President that such officer
be commisioned as a diplomatic or consular officer or both. The Presi-
dent 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.
SEC. 525. (Repealed by P.L. 86-723 ; 74 Stat. 847) .
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.
? Added by P.L. 86-108 (73 Stat. 257 ; 22 U.S.C. 922).
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.f3
 Approved6For Releasee2QOA Q/'LllivfeI 7$j.ft3721A000600010019-3
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 lie 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 the Classification Act of 1949, 'as
amended, or any corresponding provision of law applicable to the posi-
tion in which he is serving. A certificate of the Secretary that such
person has met the standards required for the efficient; conduct of the
work of the Foreign Service shall satisfy any requirements as to the
holding of minimum ratings as a prerequisite to the receipt of such
salary advancements.
PART D-FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
APPOINTMENTS
32 SEC. 531. The Secretary may, under such regulations as he may
prescribe, appoint staff officers and employees on the basis of qualifi-
cations and experience. The Secretary may make provisions for tem-
porary, limited, and such other types of appointment as he may deem
necessary. He is authorized to establish appropriate probationary
periods during which newly appointed staff officers or employees,
other than those appointed for temporary or limited services shall be
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, the services of staff officers or employees appointed for temporary
or limited service and staff officers or employees who have not com-
pleted probationary periods, except that if such separation is by reason
of misconduct the provisions of section 637 shall be applicable.
ASSIGNMENTS AND TRANSFERS
33 SEC. 532. Under such regulations as he may prescribe, the Secre-
tary may assign a staff officer or employee to any post or he may as-
sign him to serve in any position in which he is eligible to serve under
the terms of this or any other Act. A staff officer or employee may
be transferred from one post to another by order of the Secretary as
the :interests of the Service may require.
si As amen!dedj by P.L. 87-723 (74 Stat. 833; 22 U.S.C. 928).
a2 As amended and restated by P.L. 86-723 (74 Stat. 833; 22 U.S.C. 936).
As amended and restated by P.L. 86--723 (74 Stat. 833; 22 U.S.C. 937).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release } T3pq E kP?7 Ag721A00060 010019-3
COMMISSION AS CONSUL OR VICE CONSUL
SEC. 533. On the recommendation of the Secretary, the President
may, by and with the advice and consent of the Senate, commission
a staff officer or employee as consul. The Secretary may commission
a staff officer or employee as vice consul. Official acts of staff officers
or employees while serving under consular commissions in the Service
shall be performed under their respective commission as consular
officers.
CITIZENSIIIP REQUIREMENT
SEC. 534. No person shall be eligible for appointments as staff officer
or employee who is not a citizen of the United States at the time of
his appointment.
PART E-ALIEN CLERKS AND EMPLOYEES
SEC. 541. The Secretary shall appoint alien clerks and employees
at posts abroad under such regulations as he may prescribe and, as
soon as practicable, in accordance with the provisions of section 444.
ASSIGNMENT AND TRANSFERS
SEC. 542. The Secretary may assign an alien clerk or employee to a
position at any post, and any such clerk or employee may be trans-
ferred from a position at one post to a position at another as the in-
terests of the Service may require.
PART F-CONSULAR AGENTS
SEC. 551. The Secretary may appoint consular agents under such
regulations as he may prescribe and, as soon as practicable, in accord-
ance with the provisions of section 445.
PART G-ASSIGNMENT OF PERSONNEL BY TIIE WAR AND NAVY
DEPARTMENTS
AS COURIERS AND INSPECTORS OF BUILDINGS
,SEC. 561.34 (Repealed by P.L. 84-1028; 70A.'Stat.675.)
AS CUSTODIANS
SEC. 562.34 (Repealed by P.L. 84-1028; 70A Stat. 675.)
34 Sections 561 and 562 (22 U.S.C. 956 and 957) were repealed by P.L. 84-1028, recodi-
fied into 10 U.S.C. 713 and 5983, respectively, and restated (70A Stat. 33 and 374)? as
follows :
"Sec. 713. State Department: assignment or detail as couriers and building inspectors
"(a) Upon the request of the Secretary of State, the Secretary of a military department
may assign or detail members of the armed forces under his jurisdiction for duty-
"(1) as inspectors of buildings owned or occupied abroad by the United States;
"(2) as inspectors or supervisors of buildings under construction or repair abroad
by or for the United States ; and
' '(3) as couriers of the Department of State.
"(b) The Secretary concerned may assign or detail a member for duty under subsection
(a) with or without reimbursement from the Department of State. However, a member so
assigned or detailed may be. paid the traveling expenses authorized for officers of the For-
eign Service of the United States. These expenses shall be paid from appropriations of the
Department of State."
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.f3
 Approvgq For Relea?AQ9,(&9/s',J-I&I*Fl~P7?TP3721A000600010019-3
ASSIGNMENTS TO ANY GOVERNMENT AGENCY OR INTERNATIONAL
ORGANIZATION
SEC. 57135 (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-
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.
36 (b) If a Foreign Service officer shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate, or by the
President alone, to a position in any Government agency, any United
States delegation or mission to any international organization, in any
international commission or in any international body, the period of
his service in such capacity shall be construed as constituting an as-
signment within the meaning of paragraph (a) of this section and
such person shall not, by virtue of the acceptance of such an assign-
ment, lose his status as a Foreign Service officer. Service in such a
position shall not, however, be subject to the limitations concerning
the duration of an assignment contained in that paragraph.
31 (c) If the basic minimum salary of the position to which an officer
or employee of the Service is assigned pursuant to the terms of this
section is higher than the salary such officer or employee is entitled to
receive as an officer or employee of the Service, such officer or employee
shall, during the period such difference in salary exists, receive the
salary and allowances of the position in which he is serving in lieu
of his salary and allowances as an officer or employee of the Service.
Any salary paid under the provisions of this section shall be the salary
on the basis of which computations and payments shall be made in
accordance with the provisions of title VIII. No officer or employee
of the Service who, subsequent to the date of enactment of the Foreign
Service Act Amendments of 1960, is assigned to, or who, after June
30, 1961, occupies a position in the Department that is designated as
a Foreign Service officer position, shall be entitled to receive a salary
differential under the provisions of this paragraph.
33 (d) The salary of an officer or employee assigned pursuant to the
terms of this section shall be paid from appropriations made available
for the payment of salaries of officers and employees of the Service.
"Sec. 5983. State Department: assignment of enlisted members as custodians of buildings in
foreign countries
"Upon the request of the Secretary of State, the Secretary of the Navy may assign en-
listed members of the naval service to serve as custodians under the supervision of the
principal officer at any embassy, legation, or consulate."
Under the National Security Act of 1947 (P.L. 80-253, 61 Stat. 499; 5 U.S.C. 181-1) the
Department of War was designated "Department of the Army," and the title of its
Secretary became "Secretary of the Army." P.L. 84-1028, defines the terms military
departments" and "Secretary concerned".
Section 571(a.), was amended and restated by P.L. 84-22 (69 Stat. 24). It was
further amended and restated by P.L. 86--723 (74 Stat. 833; 22 U.S.C. 961).
as As amended by P.L. 81-73 (63 Stat. 111) ; further amended and restated by P.L.
86-723 (74 Stat. 833; 22 U.S.C. 961))
ST Amended by section 502(h) of P.L. 85-477 (72 Stat. 273) and further amended and
restated by P.L. 86-723 (74 Stat. 833; 22 U.S.C. 961).
as Added by P.L. 84-22 (69 Stat. 24) ; amended and redesignated "(d)" by P.L. 86-723
(74 Stat. 834 ; 22 U.S.C. 961).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release40gA(QW I R [A-RPPo18rQ 721A0006QQ010019 -3
Such appropriations may be reimbursed, however, when the Secretary
enters into reimbursement agreements for all or any part of the salaries
of officers or employees assigned to such agencies and payment is
received pursuant thereto, or when an officer or employee of the Serv-
ice is assigned to a position the salary of which is payable from other
funds available to the Department.
COMPULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN THE CONTINENTAL
UNITED STATES
SEC. 572. Every Foreign Service officer shall, during his first fifteen
years of service in such capacity, be assigned for duty in the conti-
nental United States in accordance with the provisions of section 571
for periods totaling not less than three years.
SEC. 573. (a) Any officer or. employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either at the commence-
ment, during the course of, or at the close of the period of his official
service; and any. such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within
the meaning of section 571.
(b) Any officer or employee of the Service may be assigned or de-
tailed for special instruction or training at or with public or private
nonprofit institutions; trade, labor, agricultural, or scientific associa-
tions; or commercial firms.
ASSIGNMENT TO TRADE, LABOR, 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.
and 1479).
SEC. 576.
(Repealed by P.L. 86-723; 74 Stat. 847).
SEC. 577.
(Repealed by P.L. 86-723; 74 Stat. 84:7).
ASSIGNMENTS TO FOREIGN GOVERNMENTS
s0 SEC. 575. The Secretary may, in his discretion, assign or detail an
officer or employee of the Service for temporary service to or in
cooperation with the government of another country in accordance
with the appropriate provisions of titles III and IX of Public Law
402, Eightieth Congress (62 Stat. 7 and 13; 22 U.S.C. 1451-1453, 1478
89 As amended by P.L. 86-723 (74 Stat. 834; 22 U.S.C. 965).
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.3
 Approvee)For Relea*#E2pi9/11RvA,;7A;3721A000600010019-3
40 SEC. 578. The Secretary shall designate every Foreign Service
Officer position in a foreign country whose incumbent should have a
useful knowledge of a language or dialect common to such country.
After December 31, 1963, each position so designated shall be filled
only by an incumbent having such knowledge : Provided, That the
Secretary or Deputy Under Secretary for Administration may make
exceptions to this requirement for individuals or when special or
emergency conditions exist. The Secretary shall establish foreign
language standards for assignment abroad of officers and employees
of the Service, and shall arrange for appropriate language training
of such officers and employees at the Foreign Service Institute or
elsewhere.
TITLE VI-PERSONNEL ADMINISTRATION
PART- A-DEFINITIONS
SEC. 601. For the purposes of this title-
(1) "Efficiency record" is the term which describes those materials
considered by the Director General 41 to be pertinent to the prepara-
tion of an evaluation of the performance of an officer or employee of
the Service.
(2) "Efficiency report" is the term which designates the analysis
of the performance of an officer or employee made by his supervising
officer or by a Foreign Service inspector in accordance with such
regulations as may be prescribed by the Secretary.
RESPONSIBILITY OF THE DIRECTOR GENERAL FOR THE KEEPING OF
EFFICIENCY RECORDS .
SEC. 611. The Director General,-" acting under the general direc-
tion of the Board of the Foreign Service, shall be responsible for the
keeping of accurate and impartial efficiency records. Under his di-
rection there shall be assembled, recorded, and 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 reports of supervising of-
ficers. The Director General shall undertake such statistical and
other analyses as may be necessary to develop the validity and re-
liability of efficiency reporting forms and procedures.
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,
4" As added by P.L. 86-723 (74 Stat. 834 ; 22 U.S.C. 968).
a Amended by P.L. 81-73 (63 Stat. 111; 22 U.S.C. 811a). See footnote 2.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 9 P19L1' RQt -RBP78i-03721A0006001001943
shall be confidential and subject to inspection only by the President,
the Secretary, the Under Secretary, the Counselor of the Department,
the legislative and appropriations committees of the Congress
charged with considering. legislation and appropriations for the
Service or 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 as-
signed by the Secretary to work on such records. Under such regu-
lations 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 em-
ployee 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
42 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 PROMOTION
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. ads See Service I In ortion of
lass P.L. 84-828 (70
ew
be considered as Wconstitut constituting service in the follows:
former see. 16
11( d) class
he for the purposes of 622, and determining eligibility this does not amend?a y sP cific
as mended.) Act Amendments of 1956 and is
the section of its. Included and
t a he Act, of the s Foeign Servie At Foreign
considered
Approved For Release 2000/09/11: CIA-RDP78-03721A00060001001943
 ApprovedsFor Relea 2Q@pQ115' R,gL4ARDg78 9?721A000600010019-3
WITHIN-CLASS SALARY INCREASES OF FOREIGN SERVICE: OFFICERS AND
RESERVE OFFICERS
43 SEC. 625. Any Foreign Service officer or any Reserve officers
whose services meet the standards required for the efficient conduct
of the work of the Service and who shall have, been. in a given class
for a continuous period of nine months or more, shall, on the first day
of each fiscal year, receive an increase in salary to the next higher rate
for the class in which he is serving. Without regard to any other laws
the Secretary is authorized to grant to any such officer additional :in-
creases in salary, within the salary range established for the class in
which he is serving, based upon especially meritorious service.
RELATIONSHIP BETWEEN PROMOTIONS AND FUNCTIONAL AND GEOGRAPHIC
AREA SPECIALIZATION
44-SEC. 626. The achievement, of the objectives of this Act requires
increasing numbers of Foreign Service officers to acquire functional
and geographic area specializations and to pursue such specializations
for a substantial part of their careers. Such specialization shall not
in any way inhibit or prejudice the orderly advancement through class
1 of any such officer in the Foreign Service.
PART D-SEPARATION OF OFFICERS AND EMPLOYEES FROM THE SERVICE
FOREIGN SERVICE OFFICERS WHO ARE CAREER AMBASSADORS OR CAREER
MINISTERS
4:5 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 or any other position to which he has been appointed by 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 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.
46 PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY
SYSTEM Who ARE NOT CAREER AMBASSADORS OR CAREER MINISTERS
413 SEC. 632. Any participant in the Foreign Service Retirement and
Disability System, other than one occupying a position as chief of
mission or any other position to which he has been appointed by the
President, by and with the advice and consent of the Senate, who is
not a career ambassador or a career minister shall, upon reaching;
43 See section 16(e) of P.L. 84-828 (70 Stat. 707)), which reads as follows : "(e) Offl-
cers transferred in accordance with the provisions of this section shall receive credit fox
time served in a previous class toward in-class promotion In accordance with section 625."
(Although this does not amend any specific section of the Act, it was included in the
ActeasnamService ended.) Act Amendments
and restated by P.L. considered (74 a part
Stat 884 22 rU.s C. Service
995).
44 Added by P.L. 86-723 (74 Stat. 834).
ra As amended by P.L. 84-250 (69 Stat. 536) and further amended and restated by P.L.
86-723 (74 Stat. 835; 22 U.S.C 1001).
ae As amended by P.L. 84-250 ((69 Stat. 536) and further amended and restated by
P.L. 86-723 (74 .tat. 835; 22 U.S.C. 1002).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2Q0 W&9 h r :sQ1AeRDR7&wO&721A000600a10019.13
the age of sixty, be retired from the Service and receive retirement
benefits in accordance with the provisions of section 821, but when-
ever the Secretary shall determine it to be in the public interest, he
may extend such participant's service for a period not to exceed five
years.
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 of his class shall be retired from the Service and receive
benefits in accordance with the provisions of section 634.
SEC. 634.48 (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.
49 (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 Foreign
Service Retirement and Disability Fund, in three equal install-
ments on the 1st day of January following the officer's retirement
and on the two anniversaries of this date immediately following:
Provided, That in special cases, the Secretary may in his discre-
tion accelerate or combine the installments; and
(2) a refund of the contributions made to the Foreign Service
Retirement and Disability Fund, with interest as provided in sec-
tion 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
military 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 provi-
47 As amended and restated by P.L. 84-22 (69 Stat. 24 ; 22 U.S.C. 1003). See also that
portion of section 16(d) of P.L. 84-828, which reads as follows: "(d) Service in a former
class shall be considered as constituting service in the new class for the purposes of deter-
mining * * * (2) liability for separation, in accordance with the provisions of section
833". (Although this does not amend any specific section of the Act, it was included in
the Foreign Service Act Amendments of 1956 and is considered a part of the Foreign
Service Act as amended.)
45 As amended and restated by P.L. 84-22 (69 Stat. 24; 22 U.S.C. 1004).
"Amended and restated by P.L. 84-22 (69 Stat. 24),, further amended by P.L. 84-828
(70 Stat. 704) and amended and restated by P.L. 86-723 (74 Stat. 835; 22 U.S.C. 1004).
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.f3
 Approved For Release OA9 4,rrclA%RDR-k8s03721A000600010019-3
? sions of section 821. In the event that an officer who was separated
from class 4 or 5 and who has elected to receive retirement benefits
dies before reaching the age of sixty, his death shall be considered
a death in service within the meaning of section 832. In the event
that an officer who was separated from class 6 or 7 and who has
elected to receive retirement benefits dies before reaching the age
of sixty, the total amount of his contributions made to the Foreign
Service Retirement and Disability Fund, with interest as pro-
vided in section 841(a), shall be paid in accordance with the
provisions of section 841(b).
50 (c) Notwithstanding the provisions of section 3477 of the Revised
Statutes, as amended (31 U.S.C. 203) or the provisions of any other
law, a Foreign Service officer who is retired in accordance with the
provisions of section 633 shall have the right to assign to any person
or corporation the whole or any part of the benefits receivable by
him pursuant to paragraph (b) (1) of this section. Any such assign-
merit shall be on a form approved by the Secretary of the Treasury
and a copy thereof shall be deposited with the Secretary of the Treas-
ury by the officer executing the assignment.
51.SEC. 635. Any Foreign Service officer in class 7 who is appointed
under the provisions of section 516 (b) and any Foreign Service officer
in class 8 shall occupy probationary status. The Secretary may termi-
nate his service at any time.
52 SEC. ;636. Any participant in the Foreign Service Retirement and
Disability System who is at least fifty years of age and has rendered
twenty years of service, including service within the meaning of section
853, may on his own application and with the consent of the Secretary
be retired from the Service and receive benefits in accordance with the
provisions of section 821.
53 SEc. 637. (a) The Secretary may, under such regulations as he
may prescribe, separate from the Service any Foreign Service officer,
Reserve officer, or staff officer or employee, on account of the unsatis-
factory performance of his duties, or for such other cause as will
60 As amended and restated by P.L. 84-22 (69 Stat. 24; 22 U.S.C. 1004(e)).
As amended by P.L. 84-828 (70 Stat. 704; 22 U.S.C. 1005). See also that portion
of section 16(d) of P.L. 84-828, which reads as follows: "(d) * * * Officers who are
transferred to new class 7 in accordance with paragraph (b) of this section shall continue
to occupy probationary status pursuant to section 635' . (Although this does not amend
any specific section of the Act, it was included in the Foreign Service Act Amendments of
1956 and is considered a part of the Foreign Service Act as amended.) 'Further amended
and restated by P.L. 86-723 (74 Stat. 836; 22 U.S.C. 1005)
ba As amended by P.L. 86-723 (74 Stat. 836 ; 22 U.S.C. 1006)(.
ss Amended by P.L. 84-828 (70 Stat. 704) and further amended and restated by P.L.
86-723 (74 Stat. 836; 22 U.S.C. 1007). See also sec. 55 of P.L. 86-723 which reads as
follows : "SEC. Notwithstanding any other provisions of law, any Foreign Service staff
officer who accepted an appointment as a Foreign Service Reserve officer in the Depart-
ment of State during the period beginning September 1, 1958, and ending December 31, 1958,
both dates inclusive, shall not be separated from the Foreign Service before the expiration of
his original appointment as a Foreign Service Reserve officer, except as authorized by
section 637 of the Foreign Service Act of 1946, as amended." (Although this does not
amend any specific section of the Act, it was included in the Foreign Service Act Amend-
ments of 1960 and is considered a part of the Foreign Service Act of 1946, as amended.)
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releasg 099p1/1' #-F POT8rgA721A00060'A010019
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 he shall have waived
in writing his right to a hearing. The provisions of this section shall
not apply to Foreign Service officers of class 8 or any other officer or
employee of the Service who is in a probationary status or whose
appointment is limited or temporary, except when separation is by
reason of misconduct.
(b) Any participant in the Foreign Service Retirement and Dis-
ability System separated under the provisions of paragraph (a) of this
section shall receive a refund of the contributions made to the Foreign
Service Retirement and Disability Fund, 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(x), 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 provisions of this
section to receive a deferred annuity dies before reaching the age of
sixty, his contributions to the Fund, with interest, shall be paid in
accordance with the provisions of sections 841 and 881.
(c) Any officer or em loyee of the Service separated under the
provisions of paragraph (a) of this section who is not a participant in
the Foreign Service Retirement and Disability System shall be entitled
only to such 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
paragraph (b) of this section shall be made out of the Foreign Service
Retirement and Disability Fund.
TERMINATION OF LIMITED APPOINTMENTS OF FOREIGN SERVICE RESERVE
OFFICERS AND STAFF OFFICERS AND EMPLOYEES
54 SEC. 638. Notwithstanding the provisions of this or any other
law, the Secretary may, under such regulations as lie may prescribe,
terminate at any time the services of any Reserve officer or staff
officer or employee serving under limited appointment, except that,
if the termination is because of misconduct, the provisions of section
637 shall be applicable.
PART E-PROMOTION Or FOREIGN SERVICE STAFF OFFICERS AND
EMPLOYEES
55 'SEC. 641. All promotions of staff officers and employees to a high-
er class shall be made at a higher salary on the basis of performance
"As amended and restated by P.L. 86-723 (74 Stat. 837; 22 U.S.C. 1008).
se As amended and restated by P.L. 86-728 (74 Stat. 837; 22 U.S.C. 1016).
91189-62-3
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.f3
 Approv24 For Rele ~NQIQ9hlAvi I pp7AA-bO3721A000600010019-3
and merit in accordance with such regulations as the Secretary may
prescribe.
6E SEC. 642. Under such regulations as the Secretary may pre-
scribe, any staff officer or employee whose services meet the standards-
required for the efficient conduct of the work of the Service shall re-
ceive 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 estab-
lished for the class in which he is serving, based upon specially
meritorious service.
[PART F-SEPARATION OF STAFF OFFICERS AND EMPLOYEES.
[FOR UNSATISFACTORY PERFORMANCE OF DUTY
[SEC. 651. The Secretary may, under such reigulatons as he may
prescribe, separate from the Service any staff officer or employee on
account of the unsatisfactory performance of his duties, but no such
officer or employee shall be so separated from the Service until he shall
have been granted a hearing by the Board of the Foreign Service and.
the unsatisfactory performance of his duties shall have been estab-
lished 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 Gf-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 pre-
scribe, separate from the Service any alien clerk or employee on
account of the unsatisfactory performance of his duties.
GH As amended and restated by P.L. 86-723 (74 Stat. 837) andP.L. 87--793 (76 Stat. 863;
22 U.S.O. 1017).
d, See section 637, as amended by P.L. 86-723 (74 Stat. 836; 22 U.S.C. 1007), which
combined procedures for separation of staff personnel with those for separation of Foreign
Service officers and Reserve officers. Through inadvertence sections 651 and 6.52 and the
headings, were not repealed.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946 27
SEC. 663. The Secretary shall separate from the Service any alien
-clerk or employee who shall be found guilty of misconduct or
malfeasance.
PART II-SEPARATION OF CONSULAR AGENTS
SEC. 671. The Secretary may, under such regulations as he may pre-
scribe, separate any consular agent from the Service on account of-
(a the unsatisfactory performance of his duties; or
(b) misconduct or malfeasance.
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
Secretary has reason to believe that the business of a consulate is not
being properly conducted and that it is necessary in the public interest,
he may authorize any Foreign Service inspector to suspend the prin-
cipal officer or any subordinate consular officer and to administer the
office in the place of the principal officer for a period not exceeding
ninety days. The Secretary may also authorize a Foreign Service
inspector to suspend any diplomatic officer except a chief of mission.
A Foreign Service inspector shall have the authority to suspend any
other officer or employee of the Service.
dS SEC. 701. The 'Secret'ary shall, in order to furnish training and
instruction to officers and employees of the Service and of the Depart-
ment and to other officers and employees of the Government for whom
training and instruction in the field of foreign relations is necessary,
and in order to promote and foster programs of study incidental to
such training, establish a Foreign Service Institute, hereinafter called
the Institute. The Secretary may also provide appropriate orienta-
tion and language training to members of family of officers and em-
ployees of the Government in anticipation of the assignment abroad
of such officers and employees. Other agencies of the Government
shall wherever practicable avoid duplicating the facilities of the In-
stitute and the training provided by the Secretary at the Institute or
elsewhere or while abroad.
THE DIRECTOR OF TI1E.INSTITII7Tr-APPOINTMENT, SALARY, AND DUTIES
SEc. 702. The head of the Institute, who shall be known as its Direc-
tor, shall be appointed by the Secretary. The Director shall., under
the general supervision of the Director General 59 and under such
m As amended by P.L. 86-723 (74 Stat., 837) and sec. 708 of P.L. 87-195 (75 Stat. 464;
22 U.S.C. 1041).
w Amended by P.L. 81-73 (63. Stat. 111;, 22 U.S.C. 811a). See footnote 2.
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.f3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
4 THE FOREIGN SERVICE ACT OF 1946
regulations as the Secretary may prescribe, establish the basic pro-
cedures to be followed by the Institute; plan and provide for the gen-
oral nature of the training and instruction to be furnished at the
Institute; correlate the training and instruction to be furnished at
the Institute with the training acivities of the Department and other
Government agencies and with courses given at private institutions
that are designed or may serve to furnish training and instruction
to officers and employees of the Service; encourage and foster such
programs outside of the Institute as will be complementary to those
of the Institute; and take such other action as may be required for
the proper administration of the Institute.
SEC. 703. The Secretary may, within the limits of such appropria-
tions as may be made specifically therefor, make grants or furnish
such other gratuitous assistance as he may deem necessary or advisable
to nonprofit institutions cooperating with the Institute in any of the
programs conducted by the Director by authority of this title.
APPOINTMENT, ASSIGNMENT, AND DETAIL TO THE INSTITIITE
"o SEC. 704. (a) The Secretary may oppoint to the faculty or staff
of the Institute on a full- or part-time basis such personnel as he may
deem necessary to carry out the provisions of this title in accordance
with the provisions of the civil-service laws and regulations and the
Classification Act of 1949, as amended, except that, when deemed nec-
essary by the Secretary for the effective administration of this title,
personnel may be appointed without regard to such laws and regula-
tions, but any person so appointed shall receive a salary at one of the
rates provided by the Classification Act of 1949, as amended. All
appointments to the faculty or staff of the Institute shall be made
without regard to political affiliations and shall be made solely on the
basis of demonstrated interest in, and capacity to promote, the 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 serve 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 Secre-
tsry shall in each case take such recommendations into consideration in
making such appointments, assignments, or details.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaserRQ0 JI1shCvi& RQPa - 721A000609910019=3
61 (e) The Secretary may, under such regulations as he may pre-
scribe, in the absence of suitably qualified United States citizens, em-
ploy persons who are not citizens of the United States by appointment
to the staff of the Institute either on a full- or part-time basis or by
contract for services in the United States or abroad at rates not in ex-
cess of those provided by the Classification Act of 1949, as amended
(5 U.S.C. 1071).
61 (f) The Secretary may, under such regulations as he may pre-
scribe, provide special monetary or other incentives not inconsistent
with this Act to encourage Foreign Service personnel to acquire or
retain proficiency in esoteric foreign languages or special abilities
needed in .the Service.
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) far 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.
SEc. 707. The Secretary may, in the name of the United States, ac-
quire such real property as may be necessary for the operation and
maintenance of the Institute and, without regard to section 3709 of
the Revised Statutes, such other property and equipment as may be
necessary for its operation and maintenance.
62 TITLE VIII-THE FOREIGN SERVICE RETIREMENT
AND DISABILITY SYSTEM
RULES AND REGULATIONS
SEC. 801. (a) The 63 President may prescribe rules and regulations
for the maintenance of a Foreign Service Retirement and Disability
System, originally established by section 18 of the Act of May 24,
1924 (43 Stat. 144), referred to hereafter as the System.
61 Added by P.L, 86-723 (74 Stat. 837, 838 ; 22 U.S.C. 1044)j.
62 See P.L. 83-769 as amended by P.L. 87-299 (68 Stat. 1142 and 75 Stat. 640; 5 U.S.C.
740c) concerning nonpayment of annuities in cases where employees are convicted of
certain Federal offenses or commit certain actions. See also sec. 405 of P.L. 84-854
(70 Stat. 761; 5 U.S.C. 740d), an amendment to P.L. 83-709, concerning forfeiture of
annuities of persons remaining outside the United States to avoid prosecution.
03 Authority to prescribe rules and regulations was delegated to the Secretary of State
by E.O. 10897.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-13
 Approvesb For Releas 2 M/ 1.vQ&BDR7i$.43721 A000600010019-3
(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 of May 24,1924 (43 Stat. 144).
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
participant 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
accordance with the provisions of section 853; and
64 (2) have paid into the Fund a special contribution for each
year of such service in accordance with the provisions of section
852(b).
,05 (c) (1) In accordance with such regulations as the President may
prescribe, any Foreign Service staff officer or employee appointed by
the Secretary of State who has completed at least ten years of con-
tinuous service in the Department's Foreign Service, exclusive of
military service, shall become a participant in the System and shall
make a special contribution to the Fund in accordance with the pro-
visions of section 852.
(2) Any such officer or employee who, under the provisions of
paragraph (c) (1) of this section, becomes a participant in the Sys-
tem, shall be mandatorily retired for age during the first year after
the effective date of this paragraph 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 in the Sys-
tem under the provisions of paragraph (c) (1) of this section who is
ea Amended by P.L. 86-723 (74 Start. 838; 22 U.S.C. 1062).
6c' Added by P.L. 86-723 (74 Stat. 838; 22 U.S.C. 1068), Authority to regulate was
delegated to the Secretary of State by E.O. 10897.
Norm : The text of sec. 56(b) (1) of P.L. 86-723 reads as follows: "The provisions of
paragraph (c) (1) of section 803 of the Foreign Service Act of 1946, as amended by section
31(b) of this Act, shall become effective on the first day of the first month which begins
more than one year after the date of enactment of this Act, except that any Foreign
Service staff officer or employee, who at the time this Act becomes effective meets the
requirements for participation in the Foreign Service Retirement and Disability System,
may elect to become a participant in the System before the mandatory provisions, become
effective. Such Foreign Service staff officers and employees shall become participants
effective on the first day of the second month following the date of their application for
earlier participation."
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release M,0( 91414 s {4? 7 ,-q;7~1A0006Oq 10019 3
age 57 or over on the effective date of this paragraph, may retire vol-
untarily at any time before mandatory retirement under paragraph
(c) (2) of this section and receive retirement benefits under section
821.
66 SEC. 804. (a) Annuitants shall be persons who are receiving annu-
ities from the Fund and all persons, including surviving wives and
husbands, widows, dependent widowers, children and beneficiaries of
participants or annuitants who shall become entitled to receive annu-
ities 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 the surviving wife of a participant who was
married to such participant for at least two years immediately pre-
ceding his death or is the mother of issue by such marriage.
(2) "Dependent widower" means the surviving husband of a par,
ticipant 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 eighteen
years, or such unmarried child regardless of age who because of
physical or mental disability incurred before age eighteen is incapable
of self-support. In addition to the offspring of the participant 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 CONTRmUTIONS
67 SEC. 811 (a) Six and one-half percent-Lim of the basic salary re-
ceived by each participant shall be contributed to the Fund for the
payment of annuities, cash benefits, refunds, and allowances. An
equal sum shall also be contributed from the respective appropriation
or fund which is used for payment of his salary. The amounts
deducted and withheld from basic salary together with the amounts
so contributed from the appropriation or fund, shall be deposited by
the Department of State in the Treasury of the United States to the
.credit of the Fund.
(b) Each participant shall be deemed to consent and agree to such
deductions from basic salary, and payment less such deductions shall
be a full and complete discharge and acquaintance of all claims and
,demands whatsoever for all regular services during the period cov-
ered by such payment, except the right to the benefits to which he
shall be entitled under this Act, notwithstanding any law, rule, or
regulation affecting the individual's salary.
00 Amended and restated by P.L. 86--723 (74 Stat. 838 ; 22 U.S.C. 1064).
MAmended by P.L. 84-250 (69 Stat. 536) and further amended and restated by P.L.
6-723 (74 Stat. 839; 22 U.S.C. 1071).
Approved For Release 2000/09/11: CIA-RDP78-03721 A00060001001913
 Approvegt,)For Releas E2 9/llR,~,QO 7A Q3721A000600010019-3
PART C-COMPUTATION OF ANNUITUiS
sa SEC. 821. (a) The annuity of a participant shall be equal to 2
per centum of his average basic salary for the highest, five consecutive
years of service, for which full contributions have been made to the
Fund, multiplied by the number of years, not exceeding thirty-five,
of service credit obtained in accordance with the provisions of sections
851, 852, and 853. However, the highest five years of service for which
full contributions have been made to the Fund shall be used in com-
puting, the annuity of any participant who serves as chief of mission
and whose continuity of service as such is interrupted prior to retire-
ment by appointment or assignment to any other position determined
by the Secretary to be of comparable .importance. In determining the
aggregate period of service upon which the annuity is to be based, the
fractional past of a month, if any, shall not be counted.
89 (b) 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
after 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 such annuity sp(icified by him as.
the base for the survivor benefits. The annuity of the participant
making such election shall be reduced by 21/2 per centum of any
amount up to $2,400 he specifies as the base for the survivor benefit
plus 10 per centum of any amount over $2,400 so specified.
70 (c) (1) If an annuitant dies and is survived by a wife or husband
and by a child or children, in addition to the annuity payable to the
surviving wife or husband, there shall be paid to or on behalf of each
child an annuity equal to the smallest of: (i) 40 per centum of the
annuitant's average basic salary, as determined under paragraph (a)
of this section, 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 kry 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 basic salary, as determined under paragraph (a) of this
? section, divided by the number of children; (ii) $720; or (iii) $2,160
divided by the number of children.
71 (d) If a surviving wife or husband dies or the annuity of a child is
terminated, the annuities of any remaining children shall be recom-
puted and paid as though such wife, husband, or child had not survived
the participant.
ae Amended by P.L. 84-250 (69 Stat. 536), P.L. 84-828 (70 Stat. 705), and amended,
and restated by P.L. 86-723 (74 Stat. 839; 22 U.S.C. 1076). P.L. 84-348 (66 Stat. 81
22 U.S.C. 1077 and 1078), increased the annuities of Foreign Service officers who retlr114
before November 13, 1950, and the annuities of the beneficiaries of such officers. The act
of May 1, 1956, P.L. 84--503 (70 Stat. 125) increased the annuities of Foreign Service
officers who retired priorto July 1, 1949, and of certain beneficiaries ; and also authorized
in certain circumstances, grants to widows of Foreign Service officers. P.L. 85-882 o1
September 2, 1958, increased annuities and made provision for future increases to June-
30, 1962. Further increases were authorized by P. L. 86-612, approved July 12, 1960.
a?Amended by P.L. 84-828 (70 Stat. 705) and further amended and restated by P.L.
86-723 (74 Stat. 839; 22 U.S.C. 1076).
70 Amended and restatedi by P.L. 86-723 (74 Stat. 839 22 U.S.C. 1076). Former sec.
821(c) as amended, is now see. 821(f1.
'n Added by P.L. 86-723 (74 Stat. 884)0 ; 22 U.S.C. 1076).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releaser2@OWO l gEQAFR0PZ8-0 21 A000600010019.3
Dated 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, the annuity shall be terminated only
when such child dies, marries, or recovers from such disability.
73 (f) At the time of retirement an unmarried participant may elect
to receive a reduced annuity and to provide for an annuity equal to 50
per centum of the reduced annuity payable after his or her death to a
beneficiary 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 participant, but such total reduction shall not exceed
40 per centum. No such election of a reduced annuity payable to a
beneficiary shall be valid until the participant shall have satisfactorily
passed a physical examination as prescribed by the Secretary. The
annuity payable to a beneficiary under the provisions of this para-
,graph shall begin on the first day of the next month after the par-
ticipant dies. Upon the death of the surviving beneficiary all pay-
ments shall cease and no further annuity payments authorized under
this paragraph shall be due or payable.
PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
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 termi-
72 (e) The annuity payable to a child under paragraph (c) or (d) of
RETIREMENT FOR DISABILITY OR INCAPACITY-PIIYSICAt
EXAMINATION-RECOVERY
SEC. 831.74 (a) 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 provisions 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 retirement under the System at the time he is
retired, his annuity shall be computed on the assumption that he, has
had twenty years of service, but the additional service credit that may
accrue to a participant under this provision shall in no case exceed
the difference between his age at the time of retirement and the manda-
tory retirement age applicable to his class in the Service.
74 (b) In each case, the participant shall be given a physical exami-
nation by one or more duly qualified physicians or surgeons designated
by the Secretary to conduct examinations, and disability shall be
determined by the Secretary on the basis of the advice of such physi-
cians or surgeons. Unless the disability is permanent, like examina-
72 Added by P.L. 86-723 (74 Stat. 840; 22 U.S.C. 1076).
78 Formerly. sec. 821(c). Amended and restated by P.L. 86-723 (74 Stat. 840; 22 U.S.C.
1076
74 A).
mended and restated by P.L. 86-723 (74 Stat. 840, 841 ;, 22 U.S.C. 1081, See para-
graph (4) of sec. 104(a) of the Internal Revenue Code of 1954 (26 U.S.(,. 104(a)(4)
relating to the exclusion from gross income of compensation for injuries and sickness for
reference to disability annuity payable under the provisions of sec. 831 of the Foreign
Service Act (22 U.S.C. 1081).
Approved For Release 2000/09/11: CIA-RDP78-03721A00060001001913
 Approve For Relea 2OG1/9/ QIO1AdRDP 84O3721A000600010019-3
tions shall be made annually until the annuitant has reached the
statutory mandatory retirement acre for his class in the Service. If
the Secretary determines, on the asis of the advice of one or more
duty qualified physicians or surgeons conducting such examinations
that an annuitant has recovered to the extent that he can return to
duty, the annuitant may apply for reinstatement or reappointment in
the Service within one year from the date his recovery is determined.
Upon application the Secretary shall reinstate any such recovered
disability 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 contemporaries in the Service, appoint him or, in the case of
an annuitant who is a former Foreign Service officer , recommend
that the President appoint him, by and with the advice and consent
of the Senate, to a class higher than the one in which lie was serving
prior to retirement. Payment of the annuity shall continue until a
date six months after the date of the examination showing recovery
or until the date of reinstatement or reappointment in the Service,,
whichever is earlier. Fees for examinations under this provision,
together with reasonable traveling and other expenses occurred 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 sec:
tion, payment of the annuity shall be suspended until continuance of
the disability is satisfactorily established.
75 (c) If a recovered disability annuitant whose annuity is discon-
tinued is for any reason not reinstated or reappointed in the Service,.
he shall be considered to have been separated within the meaning of
section 834 as of the date he was retired for disability and lie 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 636
if he can qualify under its provisions.
75 (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 an-
nuity 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 person.
75 (e) Notwithstanding any provision of law to the contrary, the
right of any person entitled to an annuity under this Act shall not
be affected because such person has received an award of compensa-
tion in a lump sum under section 14 of the Act of September 7, 1916,.
as amended, except that where such annuity is payable on account
of the same disability for which compensation under such section has.
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019-3
 Approved For Release 2000/QQ99// ((;;IIAA RDPp$ ]21A0006 10019-3
THE FOREid 1E'RVICE ACT OF l B ti
been paid, so much of such compensation as has been paid for any
period extended beyond the date such annuity becomes effective, as
determined by the Secretary of Labor, shall be refunded to the De-
partment of Labor, to be paid into the Federal Employees' Com-
pensation Fund. Before such person shall receive such annuity he
shall (1) refund to the Departmenet of Labor the amount represent-
ing such computed payments for such extended period, or (2) au-
thorize the deduction of such amount from the annuity payable to
him under this Act, which amount shall be transmitted to such De-
partment for reimbursement to such Fund. Deductions from such an-
nuity may be made from accrued and accruing payments, or may
be prorated against and paid from accruing payments in such manner
as the Secretary of Labor shall determine, whenever he finds that the
financial circumstances of the annuitant are such as to warrant such
deferred refunding.
76 SEC. 832. (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 8'41 (a) and
881(a), shall be paid in the order of precedence shown in section
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 widower, as defined in
section 804, such widow or dependent widower shall be entitled 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 section
821(a). The annuity of such wi ow or dependent widower shall
commence on the date following 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 termina-
tion of the annuity of a child, the annuities of any remaining chil-
dren 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 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 Serv-
ice and is not survived by a wife or husband, but by a child or chil-
dren, each surviving child shall be entitled to an annuity computed
Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019.f3
 Approve#,, For Relea 2 QR/I)vI 1.AARCaP71g4( 3721 A000600010019-3
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). Upon termination of the annuity of a child2 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 Sys-
ternz the annuities payable in accordance with paragraph (b) of this
section shall be computed in accordance with the provisions of section
821 on the assumption he or she has had twenty years of service, but
the additional service credit that may accrue to a deceased partici-
pant under this provision shall in no case exceed the difference between
his or her age on the date of death and the mandatory retirement age
applicable to his or her class in the Service. In all cases arising un-
der paragraphs (b), (c), (d), or (e) of this section, it shall be as-
surned that the deceased participant was qualified for retirement on
the date of his death.
RETIREMENT OF PERSONS WIIO ARE PARTICIPANTS UNDER SECTION
803(A)(3)
SEC. 833. (a) Any person who is a participant, has at least twenty
yyears of service to his credit, and has reached the age of fifty years,
but is 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.
77 DISCONTINUED SERVICE RETIREMENT
SEC. 834. (a) Any participant who voluntarily separates from the
Service after obtaining 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), may, upon separation from the Service or at any time
prior to becoming eligible for an annuity, elect to have his contribu-
tions to the Fund returned to him in accordance with the provisions
of section 841, or to leave his contributions in the Fund and receive
an annuity, computed as prescribed in section 821, commencing at the
age of sixty years.
(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 acre of sixty dies before reaching the age of sixty
his contributions to the Fund, with interest, shall be paid in accord-
ance with the provisions of sections 841 and 881.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release ;RQOJ IJJ :Ql&-ftQP7?,;0 7?1 A000600 10019
PART E-DISPOSITION OF CONTRIBUTIONS AND INTEREST IN EXCESS OF
BENEFITS RECEIVED
? 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 at the end of each fiscal
year through June 30, 1960; semiannually as of December 31, 1960;
annually thereafter as of December 31, and proportionately for the
period served during the year of separation including all contribu-
tions 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 at 4 per centuin per an-
num compounded annually as is provided in paragraph (a) of this
section added thereto, exceed the total amount returned to such par-
ticipant or to an annuitant claiming through him, in the form of an-
nuities, 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, and such payment shall be a
bar to recovery by any other person :
(1) To the beneficiary or beneficiaries designated by the retired
participant in writing to the Secretary;
(2) If there be no such beneficiary, to the surviving wife or hus-
band of such participant;
(3) If none of the above, to the child or children of such partici-
pant 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) (6) of
this section until after the expiration of thirty days from the death
of the retired participant or his surviving annuitant.
PART F-PERIOD OF SERVICE FOR ANNUITIES
COMPUTATION OF LENGTH OF SERVICE
76 SEO. 851. For the purposes of this title, the period of service of
a participant shall be computed from the effective date of appoint-
ment as a Foreign Service officer, or, if appointed prior to July
1924, as an officer or employee of the Diplomatic or Consular Service
711
70 Amended and restated by P.L. 86-723 (74 Stat. 844; 22 U.S.C. 1091;.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-13
 Approv d For Rele, a AQW%, lI~iPR( FIZ$g03721 A000600010019-3
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' Compensation Act of September 7, 1916, as
amended, and leaves of absence granted participants while perform-
ing active and honorable military or naval service in the Army, Navy,
Air Force, Marine Corps, or Coast Guard of the United States.
PRIOR SERVICE CREDIT
80 SEC. 852. (a) A participant may, subject to the provisions of this
section, include in his period of service-
(1) civilian service in the executive, judicial, and legislative
branches of the Federal Government and in the District of Co-
lumbia government, prior to becoming a participant; and
(2) active and honorable military or naval service in the
Army, Navy, Marine Corps, Air Force, or Coast, Guard of the
United States.
(b) A person may obtain prior civilian service credit in accord-
ance with the provisions of paragraph (a) (1) of this section by mak-
ing a special contribution to the Fund equal to 5 per centum of his
basic annual salary for each year of service for which credit is sought
subsequent to July 1, 1924, and prior to the effective date of the For-
eign Service Act Amendments of 1960, and at 61/2 per centum there-
after with interest compounded annually 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) (1) If an officer or employee under some other Government
retirement system, becomes a participant in the System by direct
transfer, such officer or employee's total contributions and deposits,
including interest accrued thereon, except voluntary contributions,
shall 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 transfer 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 participant
in the System.
(2) No officer or employee, whose contributions 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
' Amended by P.L. 84-22 (69 Stat. 24) ; further. amended, restated and new paragraphs
( 61) d) and (e) added by P.L. 86-723 (74 Stat. 844, 845; 22 U.S.C. 1091.
NOTE : Section 8(c) of P.L. 84-22 (69 Stat. 26) provides that-
"(c) A special contribution to the Foreign Service Retirement and Disability Fund
made by any participant on or after April 1, 1948, for the purpose of obtaining service
credit in accordance with the provisions of sec. 852(a)(2) of the Foreign Service Act of
1946 for periods of active military or naval service in the Army, Navy, Marine Corps, Air
Force, or Coast Guard of the United States shall be refunded. Such refund shall not
include any interest covering the period such special contribution, or any part thereof.
was on deposit in the fund."
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release.Qj1.1s-RqIAE RDPo 8 036 21 A0006000 1 001 9 39
refund be made to any such officer or employee on account of contribu-
tions 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.
(3) 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 of service subsequent to
July 1, 1924, for which a refund of contributions has been made, or
for which no contributions were made to the other Government retire-
ment 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.
(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 annuity under another retirement system covering civilian person-
nel of the overnment.
(e) A participant may obtain prior military or naval service credit
in accordance with the provisions of paragraph (a) (2) of this see-
tion by applying for it to the Secretary prior to retirement or separa-
tion 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 included, 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 instrumentality of war and incurred in line of duty
during a period of war (as that term is used in chapter 11 of title 38,
United States Code), or is awarded under chapter 67 of title 10 of the
United States Code, the period of such military or naval service shall
be included. No contributions to the Fund shall be required in con-
nection with military or naval service credited to a participant in
accordance with the provisions of paragraph (a) (2) of this section.
EXTRA SERVICE CREDIT FOR SERVICE AT UNIIEALTIIFUL POSTS
81':SEC. 853. The President may from time to time establish a list
of places which by reason of climatic or other extreme condtions
are to be classed as unhealthful posts, and each year of duty subse-
quent to January 1, .1900, at such posts inclusive of regular leaves
of absence, of participants thereafter retired, shall be counted as one
year and a half, and so on in like proportion in reckoning. the length
of service for the purpose of retirement, fractional months being
considered as full months in computing such service, but no such
extra credit for service at such unhealthful posts shall be credited to
any participant who shall have been paid a salary differential in
accordance with section 443, as amended, for such service performed
subsequent to the date of enactment of the Foreign Service Act
Amendments of 1955.
81 As amended by P.L. 84-22 (69 Stat. 24, 22 U.S.C. 1093). Authority to establish list
of places was delegated to the Secretary of State by E.O. 10903. Salary differentials,
formerly in sec. 443 which section was repealed by P.L. 86-707 (74 Stat. 795), are now
included in Title II of that Act.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019.3
 Approv For Release 200Q~PW IA5RDP843721 A000600010019-3
THE FUREI- ALI' ~F 1 y
CREDIT FOR SERVICE WHIM ON MILITARY LEAVE
SEC. 854. Contributions shall not be required covering periods of
leave of absence from the Service granted a participant while per-
forming active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
3a RECOMPUTATION OF ANNUITIES OF CERTAIN FORMER PARTICIPANTS
SEC. 855. The annuity of each former participant under the Sys-
tem, who retired prior to July 28, 1956, and who at the time of his,
retirement had creditable service in excess of thirty years, shall be
recomputed on the basis of actual years of creditable service not in
excess of thirty-five years. Service which was not creditable under
the System on the date a former participant retired, shall not be in-
cluded as creditable service for the purpose of this recomputation..
The annuities payable to such persons shall, when recomputed, be,
paid at the rates so determined, but no such recomputation or any
other action taken pursuant to this section shall operate to reduce
the rate of the annuity any such person is entitled to receive under the
System.
ESTIMATE OF APPROPRIATIONS NEEDED
SEC. 861. The Secretary of the Treasury shall prepare the estimates
of the annual appropriations required to be made to the Fund, and
shall make actuarial valuations of such funds at intervals of five
years, or oftener if deemed necessary by him. The Secretary of
State may expend from money to the credit of the Fund an amount not
exceeding $5,000 per annum for the incidental expenses necessary in.
administering the provisions of this title, including actuarial advice.
ANNUAL REPORT TO CONGRESS
SEC. 862. The Secretary shall submit annually to the President
and to the Congress a comparative report showing the condition of
the Fund and estimates of appropriations necessary to continue this
title in full force.
SEC. 863. The Secretary of the Treasury shall invest from time to
time in interest-bearing securities of the United States such portions
of the Fund as in his judgment may not be immediately required
for the payment of annuities, cash benefits, refunds, and allowances,
and the income derived from such investments shall constitute a part
of such Fund.
SEC. 864. None of the moneys mentioned in this title shall be
assignable either in law or equity, or be subject to execution, levy,
attachment, garnishment, or other legal process, except as provided
in section 634(c) .113
sz Added by P.L. 86-723 (74 Stat. 845).
`e"834(b)" was changed to "634(c)" by P.L. 84-22 (69 Stat. 24; 22 U.S.C. 1104).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release20p t1 #MR b?-Q,A721A00060Qg10019-3
PART II-ANNUITANTS RECALLED, REINSTATED OR REAPPOINTED IN
TILE SERVICE OR REEMPLOYED IN THE GOVERNMENT .
84 SEC. 871. Any annuitant recalled to duty in the Service in ac-
cordance with the provisions of section 520(b) or reinstated or re-
appointed 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 is serving. During such service, he shall
make contributions to the Fund in accordance with the provisions of
section 811. When he reverts to his retired status, his annuity shall
be determined anew in accordance with the provisions of section 821..
115 SEC. 872. (a) Notwithstanding any other provision of law, any
officer or employee of the Service, who has retired under this Act, as
amended, and is receiving an annuity pursuant thereto, and who is,
reemployed in the Federal Government service in any appointive posi-
tion either on a part-time or full-time basis, shall be entitled to receive
the salary of the position in which he is serving plus so much of his
annuity payable under this Act, as amended, which when combined
with such salary does not exceed during any calendar year the basic
salary such officer or employee was entitled to receive under 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 en-
titled to such salary in lieu of benefits hereunder.
86 (b) When any such retired officer or employee of the Service is
reemployed, the employer shall send a notice to the Department of
State of such reemployment together with all pertinent information
relating thereto, and shall pay directly to such officer or employee the
salary of the position in which he is serving.
88 (c) In the event of any overpayment under this section, such
overpayment shall be recovered by withholding the amount involved
from the salary payable to such reemployed officer or employee, or
from any other moneys, including his annuity, payable in accordance
with the provisions of this title.
PART I-VOLUNTARY CONTRIBUTIONS
SEC. 881. (a) Any participant may, at his option and under such.
regulations as may be prescribed by the 84 President, deposit addi-
tional 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 annually at the end
of each fiscal year through June 30, 1960; semiannually as of Decem-
ber 31, 1960; annually thereafter as of December 31, and proportion-
8A As amended by P.L. 84-828 (70 Stat. 7Q5) and further amended and restated by
P.L. 86-723 (74 Stat. 845; 22 U.S.C. 1111).
"I Addedi by P.L. 86-723 (74 Stat. 846; 22 U.S.C. 1112).
86 As amended by sec. 708 of P.L. 87-195 (75 Stat. 464; 22 U.S.C. 1112).
sr Authority delegated to the Secretary of State by E.O. 10897.
91189-62-4
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approv4 V FFor Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946
ately 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 lump sum; or
2) used to purchase an additional life annuity; or
(3) used to purchase an additional life annuity for himself
and to provide for a cash payment on his death to a beneficiary
whose name shall be notified in writing to the Secretary by the
participant ; or
(4) used to purchase an additional life annuity for himself
and a life annuity commencing on his death payable to a bene-
ficiary whose name shall be notified in writing to the Secretary
by the participant with a guaranteed return to the beneficiary or
his legal representative of an amount equal to the cash payment
referred to in paragraph 3.
(b) The benefits provided by subparagraphs 2, 3, or 4 of 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 as may be from time to time
prescribed for this purpose by the Secretary of the Treasury.
88 (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 as is provided in paragraph (a) of this section, made by
him under the provisions of this paragraph shall be refunded in the
mannner provided in section 841 for the return of contributions and.
interest in the case of death or separation from the Service.
(d) Any benefits payable to an officer or to his beneficiary in re-
spect to the additional deposits provided under this paragraph shall.
be in addition to the benefits otherwise provided under this title.
TITLE IX-ALLOWANCES AND BENEFITS
PART A-ALLOWANCES AND SPECIAL ALLOTMENTS
89 REPRESENTATION ALLOWANCES
89 SEC. 901. In accordance with such regulations as the President
may prescribe and not withstanding the provisions of section 1765 of
the Revised Statutes (5 U.S.G. 70), the Secretary is authorized to
gra,n.t to any officer or employee of the Service who is a citizen of the
United States allowances in order to provide for the proper repre-
sentation of the United States by officers or employees of the Service.
es As amended by P.L. 86-723 (74 Stmt. 846. 22 U.S.C. 1116).
r As amended and restated by P.L. 86-707 (74 Stat. 801 ; 22 U.S.C. 1131). For pro.
visions relating to other allowances, formerly in sec. 901 of the Foreign Service Act, see
Title II of P.L. 86-707 ; and for provisions relating to official residence allotments for-
merly in see. 902 of the Foreign Service Act, see sec. 311 of P.L. 86-707 which added a
new sec. 22 to the Administrative Expense Act of 1946. Authority to regulate was
delegated to the Secretary of State by E.O. 10903.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release01jGVE~ RDg o8-Us 621A000600910019-3
PART B-TRAVEL AND RELATED EXPENSES
SEC. 911. The Secretary may, under such regulations as he shall
prescribe, pay-
(1) the travel expenses of officers and employees of the Service,
including 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
leave; or otherwise traveling in accordance with authority granted
pursuant to the terms of this or any other Act;
(3) the cost of transporting the furniture and household and
personal effects to an officer or employee of the Service to his
successive posts of duty and, on the termination of his services,
to the place where he will reside;
90 (4) the cost of packing. and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Service, when
he is absent from his post of assignment under orders, or when
he is assigned to a post to which he cannot take or at which he is
unable to use such furniture and household and personal effects,
or when it is in the public interest or more economical to authorize
storage; but in no instance shall the weight or volume of the
effects stored together with the weight or volume of the effects
transported exceed the maximum limitation fixed by regulations,
when not otherwise fixed by law;
40 (5) the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Service in
connection with assignment or transfer to a now post, from the
date of his departure from his last post or from the date of his
departure from his place of residence in the case of a new officer
or employee and for not to exceed three months after arrival at
the new post, or until the establishment of residence quarters,
whichever shall be shorter; and, in connection with separation
of an officer or employee of the Service, the cost of packing and
unpacking, transporting to and from a place of storage, and
storing for a period not to exceed three months, his furniture and
household and personal effects; but in no instance shall the weight
or volume of the effects stored together with the weight or
volume of the effects transported exceed the maximum limita-
tions fixed by regulations, when not otherwise fixed by law.
(6) the travel expenses of the members of the family and the
cost of transporting the personal effects and automobile of an
As amended and restated by P.L. 86-707 (74 Stat. 796 22 U.S.C. 1136). The term
"furniture and household effects" is defined in sec. 301 o>{ P.L. 86-707-see p. 164 of
Appendix.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved i For Release 20099( - l~4 Pj7q?~03721A000600010019-3
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 prev-
alence of disturbed conditions, there is imminent danger to life,
and property, and the return of such persons, furniture, and ef-
fects to such post upon the cessation of such conditions; or to,
such other posts as may in the meantime .have become the post to
which such officer or employee has been assigned;
(8) the cost of preparing and transporting to their former
homes in the continental United States or to a place not more-
distant, the remains of an officer or employee of the Service who
is a citizen of the United States and of the members of his family
who may die abroad or while in travel status;
91 (9) the travel expenses of officers and employees of the Serv-
ice who are citizens of the United States, and members of their-
families, while serving at posts specifically designated by the.
Secretary for purposes of this paragraph, for rest and recupera-
tion to other locations abroad having different environmental
conditions than those at the post at which such officers and em-
ployees are serving, provided that such travel expenses shall be-
limited to the cost for each officer or employee and members of"
his family of one round-trip during any continuous two-year-
tour tour unbroken by home leave and two round trips during any
continuous three-year tour unbroken by home leave;
92 (10) the travel expenses of members of the family accom-
panying, preceding, or following an officer or employee if, while
he is en route to his post of assignment, he is ordered temporarily
for orientation and training or is given other temporary duty.
LOAN OF HOUSEHOLD FURNISHINGS AND EQUIPMENT
93 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 house.
hold furnishings and equipment for use on a loan basis in personally
owned or leased residences.
"SEC. 913. The Secretary may, notwithstanding the provisions of
any other law, transport for or on behalf of an officer or employee of
the Service, a privately owned motor vehicle in any case in which lie
shall determine that water, rail, or air transportation of the motor
vehicle is necessary or expedient for all or any part of the distance be-
tween points or origin and destination. Not more than one motor 708, P
22
87
.C. 1 86 707d(74bStat. 794)) for pro visions inSaSpriors see. 9 1(9'), repealed by PS .L. 86 707. P.L.
5 Added by sec. 708, P.L. 87-195 (75 Stat. 464; 22 U.S.C. 1136).
01 As amended by P.L. 86-723 (74 Stat. 846; 22 U.S.C. 1137)
e4 Identical amendments made by P.L. 86-707 (74 Stat. 798) and P.L. 86-723 (74 Stat..
847;-22 U.S.C. 1138).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2p0 RLJG1N: W5DAP77 o 039 g1 A000600050019-3
-vehicle of any such officer or employee may be transported under
.authority of this section during any four-year period, except that, as a
replacement for such motor vehicle, one additional motor vehicle of
any such officer or employee may be, so transported during such period
upon approval, in advance, by the Secretary and upon a determina-
tion, in advance, by the Secretary that such replacement is necessary
for reasons beyond the control of the officer or employee and is in the
interest of the Government. After the expiration of a period of four
.years following the date of transportation under authority of this sec-
tion of a privately owned motor vehicle of any officer or employee
who has remained in continuous service outside the continental United
States (excluding Alaska and Hawaii) during such period, the trans-
portation of a replacement for such motor vehicle for such officer or
,employee may be authorized by the Secretary in accordance with this
section.
PART C-COMMISSARY SERVICE
SEC. 921. 116 (a) The Secretary may, under such regulations as he
may prescribe, establish and maintain emergency commissary or mess
services in such places abroad where, in his judgment, such services
are necessary temporarily to insure the effective and efficient perform-
ance of the duties and responsibilities of the Service, such services to
be available to the officers and employees of all Government agencies
located in any such places abroad. Reimbursements incident to the
maintenance and operation of commissary or mess service shall be at
not less than cost as determined by the Secretary and shall be used as
working funds : Provided, That an amount equal to the amount ex-
pended for such services shall be covered into the Treasury as miscel-
laneous receipts.
96 (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.
as (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
0 As amended by P.L. 828, 84th Cong. (70 Stat. 705; 22 U.S.C. 1139).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release o000N09tlll -ECl,~ F~pP7 -03721 A000600010019-3
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 furnish-
ing agency to its civilian commissary or mess services or recreation
facilities.
96 (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.
97 PART D-LEAVES OF ABSENCE
ANNUAL LEAVE
SEC. 931. [Repealed by P.L. 82-233 (65 Stat. 672; 5 U.S.C. 2061
et seq.).]
SEC. 932. [Repealed by P.L. 82-233 (65 Stat. 672; 5 U.S.C. 2061
et seq.).]
ORDERING RETURN OF PERSONNEL TO UNITED STATES ON LEAVES OF
ABSENCE
9#' SEC. 933. (a) The Secretary may order to the continental United
States, its Territories and possessions, on statutory leave of absence
any officer or employee of the Service who is a citizen of the United
States upon completion of eighteen months' continuous service abroad
and shall so order as soon as possible after completion of three yearn
of such service.
(b) While in the continental United States, its Territories and pos-
sessions, on leave, the service of any officer or employee shall be avail-
able for such work or duties in the Department or elsewhere as the Sec-
retary may prescribe, but the time of such work or duties shall not be
counted as leave.
RESERVE OFFICERS ASSIGNED TO TIIE SERVICE
99 SEC. 934. (a) A Reserve officer, assigned to the Service from any
Government agency shall, notwithstanding the provisions of any other
law, be granted annual leave of absence and sick leave of absence in
accordance with the provisions of part D of this title during the period
of his assignment.
(b) Under such regulations as the President may prescribe, a per-
son assigned to the Service as a Reserve officer from any Government
agency may, notwithstanding the provisions of the Act of 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
93 As amended by P.L. 84-828 (70 Stat. 705; 22 U.S.C. 1139).
97 Foreign Service officers and; employees are governed by the provisions of the Annual
and Sick Leave Act of 1951, as amended (P.L. 82-233; 65 Stat. 672; 67 Stat. 136; 5 U.S.C.
2061, et seq.).
99 As amended by P.L. 84-726 (70 Stat. 563) to add in line 2 the words' ,Its Territories
and possessions". Further amended by sec. 708 of P.L. 87-195 (75 Stat. 464; 22 U.S.C.
1148).
99 Superseded by the Annual and Sick Leave Act of 1951, as amended, P.L. 82-233, (65-
r
tat. 672; 5 U.S.C. 2061 et seq.).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2QQOiQWIbir :sGjAcRQPT7&0W7;1A000600 10019-3
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 not exceed the maximum which an
officer or employee of the agency to which he is returning may have to
his credit on the date of his return.
100 ,SEC. 935. Under such regulations as the President may prescribe
an officer or employee of the Service who resigns from the Service in
order to accept an appointment in any Government agency may trans-
fer to such Government agency any annual or sick leave of absence
standing to his credit at the time of his resignation from the Service
and any officer or employee of any Government agency who resigns
from such agency in order to accept an appointment to the Service
may transfer to the Service any annual or sick leave of absence
standing to his credit at the time of his resignation from the Govern-
ment agency in which he was employed, but in no event shall the
amount of annual or sick leave of absence so transferred exceed the
maximum amount of the annual or sick leave of absence which may be
accumulated in either the Service or the Government agency to which.,
such person is appointed, as the case may be.
APPLICATION OF SICK AND ANNUAL LEAVE ACT OF 19 51
101 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 An-
nual and Sick Leave Act of 1951, as amended.
PART E-MEDICAL SERVICES
102 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
loo Superseded by the Annual and Sick Leave Act o8 1951, as amended, P.L. 82-233.
(65 Stat. 672; 5 U.S.C. 2061 et seq.).
101 Added by P.L. 84-828 (70 Stat. 708; 22 U.S.C. 1151).
102 As amended and restated by P.L. 84-828 (M Stat. 706; 22 U.S.C. 1156).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 I
Approv~eSd For Release 200J
N1, ? PI F P7 03721 A000600010019-3
THE FORE L IC 1 6
99
injury while such dependent is located abroad, which requires hos-
italization 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.
103 TRAVEL FOR MEDICAL PURPOSES
1?3 SEC. 942. (a) In the event an officer or employee of the Service
who is a citizen of the United States or one of his dependents, requires
medical care, for illness or injury not the result of vicious habits,
intemperance or misconduct, while stationed abroad in a locality where
there is no qualified person or facility to provide: such care, the Secre-
tary may, in accordance with such regulations as he may prescribe, pay
the travel expenses of such person by whatever means he shall deem
appropriate, including the furnishing of transportation, and without
regard to the Standardized Government Travel Regulations and sec-
tion 10 of the Act of March 3,1933, as amended (60 Stat. 808; 5 U.S.C.
73b), to the nearest locality where suitable medical care can be ob-
tained. If any such officer, employee, or dependent is too ill to travel
unattended, or in the case of a dependent too young to travel alone,
the Secretary may also pay the round-trip travel expenses of an at-
tendant or attendants.
104 (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.
1115 SEc. 943. The Secretary shall., under such regulations as he may
prescribe, provide for physical examinations for applicants for em-
ployment and for officers and employees of the Service who are
103As amended by P.L. 84-828 (70 Stat. 706) and further amended and restated by
see 708 of P.L. 87-195 (75 Stat. 464; 22 U.S.C. 1157).
146 As amended by P.L. 84-828 (70 Stat. 706; 22 U.S.C. 1157).
103 As amended by P.L. 84-22 (69 Stitt. 24), and further amended and restated by
P.L. 84-828 (70 Stat. 707; 22 U.S.C. 1158).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release ,QQO1QWII :spj&Lt[ PT7 0A)7~1A0006009J0019-3
citizens of the United States, and for their dependents, including
examinations necessary to establish disability or incapacity in accord-
ance with the provisions of section 831, and shall provide for ad-
ministering inoculations or vaccinations to such officers and employees
and their dependents.
TITLE X-MISCELLANEOUS
PART A-PROHIBITIONS
AGAINST UNIFORMS
SEC. 1001. An officer or employee of the Service holding a position
of responsibility in the Service shall not wear any uniform except
such as may be authorized by law or such as a military commander
may require civilians to wear in a theater of military operations.
SEc. 1002. An officer or employee of the Service shall not ask or,
without the consent of the Congress, receive, 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 as the President may prescribe,
accept gifts made to the United States, or to any political subdivision
thereof by the government to which he is accredited or from which he
holds an exequatur.
AGAINST ENGAGING IN BUSINESS ABROAD
SEC. 1003. An officer or employee of the Service shall not, while
holding office, transact or be interested in any business or engage for
profit in any profession in the country or countries to which he is
assigned abroad in his own name or in the name or through the agency
of any other person, except as authorized by the Secretary.
AGAINST CORRESPONDENOE ON AFFAIRS OF FOREIGN GOVERNMENTS
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 authorized by the Secretary.
(b) An officer or employee of the Service shall not recommend any
person for employment in any position of trust or profit under the,
government of the country to which he is detailed or assigned, 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.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approv%g For Rele ?N 9411vicCI W7&03721 A000600010019-3
PART B-BONDS
106 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 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 officer or em-
ployee, and such bond shall be construed to be conditioned for the
-true and faithful performance of all official duties of whatever char-
acter 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 officer or
employee of the Service shall be construed to be conditioned for the
true and faithful performance of all acts of such officer incident 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 Secretary of the
Treasury. Nothing herein contained shall be deemed to obviate the
necessity of furnishing any bond which may be required pursuant to
the provisions of the Subsistence Expense Act of 1926, as amended
(44 Stat. 688; 47 Stat. 405; 56 Stat. 39; 5 U.S.C. 821-823, 827-833).
PART C--GIFTS
107 SEC. 1021. (a) The Secretary may accept on behalf of the United
States gifts 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 gifts may be so accepted at the
discretion of the Secretary, and the principal of and income from any
such conditional gift shall be held, invested, reinvested, and used in
accordance with its conditions, but no gift shall be accepted which is
conditioned upon any expenditure not to be met therefrom or from
the income thereof unless such expenditure has been approved by Act
of Congress.
(b) Any unconditional gift of money accepted pursuant to the au-
thority granted in paragraph (a) of this section, the net proceeds from
ELI" See P.L. 84-323 (69 Stat. 618; 6 U.S.C. 14), which provides for the purchase of bonds
by {be Federal Government.
101 As amended by P.L. 86-723 (74 Stitt. 847 ; 22 U.S.C. 809).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946 51
the liquidation (pursuant to paragraph (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 United States and are hereby appro-
priated and shall be held in trust by the Secretary of the Treasury for
the benefit of the Department including the Service, and he may in-
-vest and reinvest such funds in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States. Such gifts and the income from such
investments shall be available for expenditure in the operation of the
Department including the Service and the performance of its func-
tions, subject to the same examination and audit as is provided for
appropriations made for the Service by Congress.
(c) The evidences of any unconditional gift of intangible personal
property, other than money, accepted pursuant to the authority
ranted in paragraph (a) of this section, shall be deposited with the
liquidate them except that they shall be liquidated upon the request
of the Secretary whenever necessai,to meet payments required in the
operation of the Department including the Service or the perform-
ance of its functions. The proceeds and income from any such prop-
erty held by the Secretary of the Treasury shall be available for
,expenditure as is provided in paragraph (b) of this section.
(d) The Secretary shall hold any real property or any tangible
personal property accepted unconditionally pursuant to the authority
granted in paragraph (a) of this section and he shall permit such
property to be used for the operation of the Department including
the Service and the performance of its functions or he may lease or
hire such property, and may insure such property, and deposit the
income thereof with the Secretary of the Treasury to be available for
expenditure as provided in paragraph (b) of this section. The in-
come 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 insurance of such property
and any proceeds from insurance may be used 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 func-
tions may be liquidated by the Secretary, and the proceeds thereof
deposited with the Secretary of the Treasury, whenever in his judg-
ment the purposes of the gifts will be served thereby.
(e) For the purpose of Federal income, estate, and gift taxes, any
gift, devise, or bequest accepted by the Secretary under authority of
this Act shall be deemed to be a gift, devise, or bequest to or for the
use of the United States.
PART D-AUTIIORIZATION To RETAIN ATTORNEYS
SEc. 1031. The Secretary may, without regard to sections 189 and
365 of the Revised Statutes (5 U.S.C. 49 and 314), authorize a prin-
cipal officer to procure legal services whenever such services are re-
quired for the protection of the interests of the Government or to
enable an officer or employee of the Service to carry on his work
efficiently.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApproXyd For Relq#~eFMXOM/1140kC,I -&DP78-03721 A000600010019-3
PART E-DELEGATION OF AUTHORITY
SEc. 1041. [Repealed by P.L. 81-73, 63 Stat. 111; 22 U.S.C. 811a.
Section 11 of P.L. 84-726, amended P.L. 81-73, to authorize
redelegation.]
108 [PART F-EXEMPTION FROM TAXATION
1051. Section 116 of the Internal Revenue Code, as amended
(53 IStat. 48; 53 Stat. 575; 56 Stat. 842; 58 Stet. 46; 26 U.S.C. 116),
relative to exclusions from gross income, is further amended by add-
ing at the end thereof a new subsection to read as follows:
[" (k) In the case of an officer or employee of the Foreign Service
allowances United States, amounts
otherwise under r the iterms of title IcX of the Foreign
Service Act of 1946."]
PART G-INTERPRETATION OF THE ACT
LIBERAL-CON*1UCTION CLAUSE
SEC. 1061. The provisions of this Act shall be construed liberally
in order to effectuate its purpose.
PROVISIONS THAT MAY BE HELD INVALID
SEc. 1062. If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid, the
validity of the remainder of the Act and the applicability of such 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 II-AUTHORIZATION FOR APPROPRIATIONS
SEc. 1071. Appropriations to carry out the purposes of this Act are
hereby authorized.
vie Exemptioat of allowances from gross income for tax purposes is now contained in
section 912 of the Internal Revenue Code of 1954, as amended by P.L. 86~ 707 (74 Stat.
802; 26 U.S.C. 912).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RD
THE FOREIGN SERVICE ACT 78-109721A00060 10019-3
TITLE XI-TEMPORARY PROVISIONS
PART A-TEMPORARY PROVISIONS CONCERNING APPOINTMENTS AND
SALARIES OF OFFICERS AND EMPLOYEES or THE SERVICE
REINSTATEMENT OF CHIEFS OF MISSION WHO ARE FORMER FOREIGN
SERVICE OFFICERS
SEC. 1101. Any person who on the effective date of this Act is a chief
of mission and who has previously been a, Foreign Service officer may
be reinstated as a Foreign Service officer in the class of career minister.
TRANSFER OF FOREIGN SERVICE OFFICERS FROM OLD CLASSES TO NEW
CLASSES
SEC. 1102. (a) Foreign Service officers on active service on the effec-
tive date of this Act shall, by virtue of this Act, be transferred from
the classes in which they are serving on such date to the new classes
established by this Act as follows: Officers of class I to the new class 1;
officers of class II to the new class 2; officers of classes III and IV to
the new class 3; officers of classes V and VI, to the new class 4; officers
of classes VII and VIII, to the new class 5; officers in the unclassified
grade, to the new class 6.
(b) Each officer so transferred shall under such regulations as the
Secretary may prescribe receive that salary in the new class which
shall as nearly as possible correspond to his relative standing in the
Service.
(c) Whenever, in accordance with the provisions of paragraph (a)
of this section, the officers in a new class shall be officers who previously
served in two former classes that were combined to form the new
class, the period of minimum service in class for the purposes of deter-
mining eligibility for promotion in accordance with the provisions of
section 622, shall commence to run from the date of their promotion to
the lower of the two classes from which the now class is composed and
from the date of their promotion to the higher of the two classes from
which the new class is composed for the purposes of computing the
minimum period an officer shall serve in a class before the commence-
ment of the period during which he must obtain a promotion in order
to prevent being retired. In all other cases, service in a former class
shall be considered as constituting service in the new class for the
purposes of section 622.
TRANSFER OF OTHER OFFICERS AND EMPLOYEES OF THE SERVICE FROM
THEIR PRESENT POSITIONS TO NEW POSITIONS
SEC. 1103. The Secretary shall, under such regulations as he may
prescribe, provide for the transfer of the personnel of the Service,
other than persons occupying positions which under the terms of this
Act constitute them chiefs of mission and Foreign Service officers, to
corresponding positions established by the terms of this Act or by any
regulations issued pursuant thereto.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvgi For Rele~ Si~v9~ ? CIA-RDP78-03721 A000600010019-3
VICE ACT OF 1946
IN-CLASS PROMOTION
SEC. 1104. In making transfers of personnel in accordance withi
the provisions of sections 1102 and 1103, credit for time served in a
previous class or position shall be given for the purpose of determin-
ing eligibility for in-class promotions in a new class in the same
manner as if such time had been served in the new class.
RULES GOVERNING THE MAKING OF SALARY DETERMINATIONS IN CARRYING
OUT AN INITIAL CLASSIFICATION OF THE SERVICE
SEC. 1105. In making the initial classification of the Service for-
Foreign Service staff officers and employees in accordance with the.,
provisions of sections 441 and 442, the following rules shall apply :
(1) The principle of equal compensation for equal work, irrespec-
tive of sex, shall be followed.
(2) If an officer or employee is receiving basic salary at less than.
the minimum rate of the class or subclass to which the position he
holds is allocated, his salary shall be increased to the lowest basic
salary of that class or subclass.
(3) If an officer or employee is receiving a basic salary within the
range provided for the class or subclass to which the position he holds
is allocated, and at one of the rates within that range, no change shall
be made in his basic salary; if his basic salary rate is within the range
but does not correspond to any one of the rates prescribed for that
range by section 415, his salary shall be adjusted by fixing it at the
next higher rate above the rate which he is receiving.
(4) If an officer or employee is receiving basic salary at a rate in
excess of the maximum basic salary rate provided by section 415 for
the class or subclass to which the position he holds is allocated in
accordance with the provisions of section 1103, he shall not suffer a
diminution in salary as a consequence of the classification of the
position which he holds so long as he continues to occupy that position, _
but if he is not receiving salary at one of the rates prescribed in section
415, his salary shall be adjusted by fixing it at the next higher rate
above the rate which he is receiving.
PART B-TEMPORARY PROVISIONS CONCERNING RETIREMENT
MANDATORY RETIREMENT
SEC. 1111. (a) Notwithstanding the provisions of section 632 re-
garding the retirement of Foreign Service officers at the age of sixty
years, Foreign Service officers below the class of career minister shall,
during the first year after the effective date of this Act, be mandatorily
retired for age upon reaching the age of sixty-four unless their services
have been extended in accordance with the provisions of section 632;
during the second year, at age sixty-three; during the third year, at
age sixty-two ; during the fourth year, at age sixty-one ; and, there-
after, at age sixty, but in no event shall any Foreign Service officer
be mandatorily retired for age during such four-year period until he
has had fifteen years of service.
(b) No Foreign Service Officer shall be mandatorily retired in ac-
cordance with provisions of section 633 or 634 until three years after
the effective date of this Act.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release lgpgWW41SEglA PAPPd18-lQ4721A00060 10019-3
821(c).
109 SEc. 1112. The Secretary shall cause annuities of all persons who
are receiving annuities from the Foreign Service Retirement and Dis-
ability Fund on the effective date of this Act to be recomputed in
accordance with the provisions of section 821 (a) and annuities pay-
able to such persons shall, commencing on the effective date of this
Act, be paid at the rates so determined, but no such recomputation or
any other action taken pursuant to this Act shall operate to reduce
the rate of the annuity received by any such person unless such person
voluntarily elects to receive a reduced annuity as provided in section
SEC. 1121. The provisions of this Act shall not operate to impair
the validity of any existing bond furnished by any officer or employee
of the Service.
USE OF APPROPRIATIONS
SEC. 1122. Funds appropriated to the Department of State for
the fiscal year 1947, under the caption "Foreign Service", are hereby
made available for the purposes of this Act in accordance with
authority granted herein and such regulations as the Secretary may
prescribe. The appropriation of such additional funds as may be
required to carry out the provisions of this Act is hereby authorized.
SEC. 1131. The following statutes or parts of statutes are hereby
repealed :
(1) Section 208 of the Revised Statutes, as amended by the Act of
May 29, 1928 (ch. 901, Public Law Numbered 611, 45 Stat. 987) (5
U.S.C. 163).
(2) Section 1674 of the Revised Statutes, as amended by section 6
of the Act of February 5, 1915 (ch. 23 Public Law Numbered 242,
38 Stat. 806) and as further amended by the Act of March 3, 1875
(ch. 153, 18 tat. 483), and by that part of the Act of July 1, 1916
(ch. 208, Public Law Numbered 131, 39 Stat. 252), which constitutes
the second proviso under the heading "Salaries of Secretaries in the
Diplomatic Service" (22 U.S.C. 40 and 51).
(3, Section 1675 of the Revised Statutes as amended by the Act
of March 3, 1875 (ch. 153, 18 Stat. 483), and by that part of title I of
the Act of February 27, 1925 (ch. 364, Public Law Numbered 502,
43 Stat. 1015), under the heading "Diplomatic and Consular Service"
and the subheading "Ambassadors and Ministers" (22 U.S.C. 32).
(4) Section 1685 of the Revised Statutes as amended by schedule A
of the Act of March 2, 1909 (ch. 235, Public Law Numbered 292, 35
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApprovV For Releasee R910911,,~tCPlM P179 g03721A000600010019-3
Stat. 673), and as further amended by section 3 of the Act of Febru-
ary 5, 1915 (ch. 23, Public Law Numbered 242, 38 Stat. 805), section
17 of the Act of May 24, 1924 (ch. 182, Public Law Numbered 135,
43 Stat. 143), hereinafter referred to as the Act of May 24, 1924, and
by that part of title I of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1016), which reads as follows: "Provided,
That after June 30, 1924, vice consuls while in charge of a consulate
general or consulate during the absence of the principal officer shall. be
entitled to additional compensation in the same manner and under
the same conditions as Foreign Service officers as provided in section
17 of the Act of May 24, 1924," renumbered as section 25 and further
amended by section 7 of the Act of February 23, 1931 (ch. 276, Public
Law Numbered 715, 46 Stat. 1210), hereinafter referred to as the Act
of February 23,1931 (22 U.S.C. 20).
(5) Section 1686 of the Revised Statutes (22 U.S.C. 36).
(6) Section 1688 of the Revised Statutes (22 U.S.C. 39).
(7) Section 1695 of the Revised Statutes and section 3 of the Act
of April 5, 1906 (ch. 1366, Public Law Numbered 83, 34 Stat. 100),
which reenacted certain parts of section 1695 of the Revised Statutes
without specifically amending such section (22 U.S.C. 51a and 55).
(8) Section 1696 of the Revised Statutes (22 U.S.C. 58).
9 Section 1712 of the Revised Statutes, as amended by the Act
of June 18, 1888 (ch. 393, 25 Stat. 186 (22 U.S.C. 80).
(10) Section 1713 of the Revised Statutes, as amended by the Act
of June 18,1888 (ch. 393, 25 Stat. 186) (22 U.S.C. 82).
(11) Section 1714 of the Revised Statutes (22 U.S.C. 71).
(:12) Section 1738 of the Revised Statutes (22 U.S.C. 105).
13) Section 1740 of the Revised Statutes (22 U.S.C. 121).
(114) Section 1743 of the Revised Statutes (22 U.S.C. 125).
(15) Section 1744 of the Revised Statutes (22 U.S.C. 33).
16) Section 1748 of the Revised Statutes (22 U.S.C. 129
17 Section 1749 of the Revised Statutes (22 U.S.C. 130
18) Section 1752 of the Revised Statutes (22 U.S.C. 132 .
(19) That part of section 1 of the Act of June 11, 1874 (ch. 275,
18 Stat. 67), which reads as follows : "And the Secretary of State is
authorized to allow and pay to the secretary of legation and to the
second secretary of legation and to the messenger of the legation in
Paris, from the moneys collected at the legation for the transmission
of consular invoices, an amount not to exceed in the aggregate six
hundred dollars in any one year, to be divided and distributed as the
Secretary of State may direct, provided that the surplus receipts are
sufficient for that purpose" (22 U.S.C. 37).
(20) Section 4 of the Act of June 11, 1874 (ch. 275, 18 Stat. 70)
(22 U.S.C. 122).
(21) The Act of June 17,1874 (ch. 294, 18 Stat. 77) (22 U.S.C. 124
and 126).
(22) That part of the Act of January 27, 1879 (ch. 28, 20 Stat.
273), which reads as follows: "And it shall be the duty of consuls
to make to the Secretary of State a quarterly statement of exports
from, and imports to, the different places to which they are accredited,
giving, as near as may be, the market price of the various articles
of exports and imports, the duty and port charges, if any, on articles
imported and exported, together with such general information as
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleasgAPgWQ i/N1IEft - PoT819?8721A000693010019-3
they maybe able to obtain as to how, where, and through what chan-
nels a market may be opened for American products and manufac-
tures. In addition to the duties now imposed by law, it shall be the
duty of consuls and commercial agents of the United States, annually,
to procure and transmit to the Department of State as far as prat
ticable, information respecting the rate of wages paid for skilled and
unskilled labor within their respective jurisdiction." (22 U.S.C. 81).
(23) That part of section 5 of the Act of February 14, 1903 (ch.
552 Public Law Numbered 87, 32 Stat. 827), reading as follows :
"And all consular officers of the United States, including consuls-
general, consuls, and commercial agents, are hereby required, and it
is made a part of their duty, under the direction of the Secretary of
State, to gather and compile, from time to time, useful and material
information and statistics in respect to the subjects enumerated in
section 3 of this Act in the countries and places to which such consular
officers are accredited, and to send under the direction of the Secretary
of State, reports as required by the Secretary of Commerce and Labor
of the information and statistics thus gathered. and compiled, such
reports to be transmitted through the Department of State to the
Secretary of the Department of Commerce and Labor," as amended
by section 3 of the Act of April 5, 1906 (ch. 1366, Public Law Num-
bered 83, 34 Stat. 100) by the Act of August 23, 1912 (ch. 350, Public
Law Numbered 299, 37 Stat. 407), and by the Act of March 4, 1913
(ch. 141, Public Law Numbered 426, 37 Stat. 736) (15 U.S.C. 175).
(24) Section 11 of the Act of February 14, 1903 (ch. 552, Public
Law Numbered 87, 32 Stat. 830) (5 U.S.C. 162).
(25) Section 4 of the Act of April 5, 1906 (ch. 1366, Public Law
Numbered 83, 34 Stat. 100), as amended by section 10 of the Act of
May 24, 1924 (43 Stat. 142), and renumbered as section 17 and further
amended by section 7 of the Act of February 23, 1931 (46 Stat. 1209)
(22 U.S.C. 9).
(26) That part of section 8 of the Act of April 5, 1906 (ch. 1366,
Public Law Numbered 83, 34 Stat. 101), reading as follows : "but this
shall not apply to consular agents, who shall be paid by one-half of
the fees received in their offices, up to a. maximum sum of one thousand
dollars in any one year, the other half being accounted for and paid
into the Treasury of the United States" (22 U.S.C. 99).
(27) That part of schedule A of the Act of March 2, 1909 (ch. 235,
Public Law Numbered 292; 35 Stat. 672), which reads as follows :
"And hereafter no new ambassadorship shall be created unless the
same shall be provided for by Act of Congress." (22 U.S.C. 31.)
(28) Section 7 of the Act of February 5, 1915 (ch. 23, Public Law
Numbered 242, 38 Stat. 807), as amended by section 12 of the Act
of May 3, 1945 (ch. 105, Public Law Numbered 48; 59 Stat. 105, here-
inafter referred to as the Act of May 3, 1945 (22 U.S.C. 38) ).
(29) That part of the Act of July 1, 1916, which, under the heading
"Salaries of Secretaries in the Diplomatic Service," authorizes the
President to designate and assign any secretary of class one as coun-
selor of embassy or legation (39 Stat. 252), as amended by section 16
of the Act of May 24, 1924 (43 Stat. 143), and renumbered as section
23 by section 7 of the Act of February 23, 1931 (46 Stat. 1210) (22
U.S.C. 18).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve For Releas E200 04~/~ C~V7,?493721A000600010019-3
(30) The joint resolution of September 29 1919 (ch. 72, Public
Resolution Numbered 16,41 Stat. 291) (22 U.S.C. 34) .
(31) That part of the Act of June 1, 1922 (ch. 204, Public Law
Numbered 229 42 Stat. 600), which under the heading "Diplomatic
and Consular Service" and subheading "Ambassadors and Ministers"
in title I authorizes the appointment of an envoy extraordinary, and
minister plenipotentiary to Egypt (22 U.S.C. 34c).
(32) Section 1 of the Act of May 24, 1924 (43 Stat. 140), renmrn-
bered as section 8 by section 7 of the Act of February 23, 1931 (46
Stat. 1207) (22 U.S.C.1)
(33) Section 2 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 9 and amended by section 7 of the Act of February 23,
1931 (46 Stat. 1207) (22 U.S.C. 2).
(34) Section 3 of the Act of May 24, 1924 '(43 Stat. 140), renum-
bered as section 10 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1207), and as further amended by section 2 of the
Act of April 24, 1939 (ch. 84, Public Law Numbered 40, 53 Stat.
583), and by sections 4 and 5 of the Act of May 3, 1945 (59 Stat.. 102,
103) (22U.S.C.3).
(35) Section 4 of the Act of May 24, 1924 (43 Stat. 140), renum-.
bored as section 11 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1215), and as further amended by the Act of June
29, 1935 (ch. 337, Public Law Numbered 181, 49 Stat. 436) (22
U.S.C. 4).
(36) Section 5 of the Act of May 24, 1924 (43 Stat. 141), renum-
bered as section 12 and amended by section 7 of the Act of February
2:3, 1061 (46 Stat.1208) (22 U.S.C. 5 and 6).
(37) Section 6 of the Act of May 24, 1924 renumbered as sections
13 and 14, and amended by section 7 of the Act of February 23, 1931,
and as further amended by section 6 of the Act of May 3, 1945 (59
Stat. 103) (22 U.S.C. 7).
(38) Section 9 of the Act of May 24, 1924 '(43 Stat. 142), renum-
bered as section 16 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1208), and further amended by section 7 of the
Act of May 3,1945 (59 Stat. 103) (22 U.S.C. 11).
(39) Section 12 of the Act of May 24, 1924 (43 Stat. 142), renum-
bered as section 19 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209), and further amended by section 8 of the
Act of May 3,1945 (59 Stat. 104) (22 U.S.C. 12).
(40) Section 13 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 20 and amended by section 7 of the Act of February
23,1931 (46 Stat. 1209) (22 U.S.C. 14).
(41) Section 14 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 21 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209), and further amended by section 9 of .the
Act of May 3,1945`(59 Stat. 104) (22 U.S.C. 15 and 16).
(42) Section 15 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 22 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1210), and further amended by the Act of March
7.7, 1941 (ch. 20, Public Law Numbered 17, 55 Stat. 44) (22 U.S.C.
17 and 17a),.
(43) Paragraph 1 of section 17 of the Act of May 24, 1924 (43
Stat. 143), renumbered as section 24 and amended by section 7 of the
Act of February 23, 1931 (46 Stat. 1210) (22 U.S.C. 19).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releaser,4ipQQ{QW41silp,A-F ,P&819;721A00060A010019-3
(44) Section 18 of the Act of May 24, 1924 (43 Stat. 144), as
amen ed by section 1 of the Act of July 3, 1926 (ch. 798, Public
Law Numbered 519, 44 Stat. 902), renumbered as section 26 and
amended by section 7 of the Act of February 23, 1931 (46 Stat. 1211),
further amended by section 3 of the Act of April 24, 1939 (ch. 84,
Public Law Numbered 40, 53 Stat. 584), by the Act of July 19, 1939
(ch. 330, Public Law Numbered 197, 53 Stat. 1067), by the Act of
August 5, 1939 (ch. 441, Public Law Numbered 277, 53 Stat. 1208),
by section 1 of the Act of April 20, 1940 (ch. 118, Public Law Num-
bered 464, 54 Stat. 143), by section 4 of the Act of October 14, 1940
(ch. 859, Public Law Numbered 846, 54 Stat. 1118), and by section
1 of the Act of May 13, 1941 (ch. 115, Public Law Numbered 69, 55
Stat. 189) (22 U.S.C. 21)
(45) Section 19 of the Act of May 24, 1924 (43 Stat. 146), renum-
bered as section 27 by section 7 of the Act of February 23, 1931 (46
Stat. 1213) (22 U.S.C. 22).
(46) Section 20 of the Act of May 24, 1924 (43 Stat. 146), renum-
bered as section 28 and amended by section 7 of the Act of February
23,1931 (46 Stat. 1213) (22 U.S.C. 23).
(47) Section 31 of the Act of May 24, 1924, as added to that Act
by section 7 of the Act of February 23, 1931 (46 Stat. 1214), and
as amended by section 10 of the Act of May 3, 1945 (59 Stat. 105)
(22 U.S.C. 23f and 23g).
(48) Section 32 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1214), and as
amended by section 5 of the Act of Jul 3, 1946 (Public Law 488,
Seventy-ninth Congress) (22 U.S.C. 23h).
(49) Section 33 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1215), and as
amended by section 4 of the Act of April 24, 1939 (ch. 84, Public Law
Numbered 40, 53 Stat. 588) (22 U.S.C. 3a and 23i).
(50) Section 34 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1216) (22 U.S.C.
23j).
(51) That part of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1017), which under the heading "Diplo-
matic and Consular Service" and the subheading "Allowance for
Clerk Hire at United States Consulates" reads as follows : "Clerks,
whenever hereafter appointed, shall so far as possible, be appointed
under civil-service rules and regulations", and similar provisions in
later Acts (22 U.S.C. 56).
(52) That part of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1016), which under the heading "Dip-
lomatic Service" and the subheading "Clerks at Embassies and Lega-
tions", reads as follows: "who (clerks at the embassies and legations)
whenever hereafter appointed shall be citizens of the United States
* * * and so far as practicable shall be appointed under civil-service
rules and regulations", and similar provisions in later Acts (22
U.S.C. 35).
(53) Section 2 of the Act of July 3, 1926 (ch. 798, Public Law
Numbered 519, 44 Stat. 903 (22 U.S.C. 21a).
(54) Sections 1, 2, 3, 4, 5, and 7 of the Act of March 3, 1927 (ch. 365
Public Law Numbered 768, 44 Stat. 1394), as amended by the Act of
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvg5l For Release 39 q9 1vrcgIRItRPTA93721A000600010019-3
April 12, 1930 (ch. 142, Public Law Numbered 122, 46 Stat. 163) (15
U.S.C. 197-197d and 197f) .
(55) The Joint Resolution of January 22, 1.930 (ch. 22, Public
Resolution Numbered 32,46 Stat. 57) (22 U.S.C. 34a).
(56) The Act of June 5, 1930 (ch. 399, Public Law Numbered 304,
46 Stat. 497-499) (7 U.S.C. 541-545).
(57) The Joint Resolution of June 5, 1930 (ch. 404, Public Reso-
lution Numbered 81, 46 Stat. 502) (22 U.S.C. 34b).
(58) The Act of January 21, 1931 (ch. 42, Public Law Numbered
.569, 46 Stat.1040) (22 U.S.C. 32a).
(59) Section 1 of the Act of February 23, 1931 (46 Stat. 1207), as
:amended by section 2 of the Act of May 3, 1945 (59 Stat. 102) (22
7J.S.C. 23a).
(60) Section 2 of the Act of February 23, 1931 (46 Stat. 1207) (22
U.S.C. 23b).
(61) Section 3 of the Act of February 23, 1931 (46 Stat. 1207), as
amended by section 1 of the Act of April 24, 1939 (ch. 84, Public Law
Numbered 40, 53 Stat. 583), and as further amended by section 3 of
the Act of May 3,1945 (59 Stat. 102) (22 U.S.C. 23c).
(62) Section 4 of the Act of February 23, 1931 (46 Stat. 1207) (22
U.S.C. 23d).
(63) Section 5 of the Act of February 23, 1931 (46 Stat. 1207) (22
U.S.C. 23e).
(64) That part of section 209 of the Act of June 30, 1932 (ch. 314,
Public Law Numbered 212, 47 Stat. 405), as amended, which was
added to that Act by the Act of April 30, 1940 (ch. 172, Public Law
Numbered 499, 54 Stat.114) (5 U.S.C. 823a).
(65) That part of Reorganization Plan Numbered 11, made effec-
tive July 1, 1939, by the Act of June 7, 1939 (oh. 193, Public Resolu-
tion Numbered 20, 53 Stat. 813), designated as subparagraphs (a),
(b), and (c) under section 1 of part 1 (53 Stat. 1431) (note under 5
U.S.C. 133t).
V.C. ) Section 1 of the Act of May 3, 1945) (59 Stat. 102) (22
U. 1a).
(67) Section 12 of the Act of May 3, 1945 (59 Stat. 105) (22
U.S.C. 24).
GENERAL REPEAL OR AMENDMENT PROVISION
SEC. 1132. Any statute that is not repealed by section 1131 but
which is inconsistent with any of the provisions of this Act shall
be considered as having been amended or superseded by such pro-
visions.
RIGHTS AND LIABILITIES UNDER STATUTES THAT ARE REPEALED
SEc. 1133. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not affect any act done or right
accruing or accrued, or any suit or proceeding had or commenced in
any civil cause, before such repeal, but all rights and liabilities under
the statutes or parts thereof so repealed shall continue, and may be
enforced in the same manner as if such repeal had not been made;
subject, however, to the provisions of section 1134.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 0Qd A&1 sEq)ER FbQ-Q 47g21A00060%910019-3
SEC. 1134. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not be a construed as a revival, up
to the effective date of this Act, of any statute or part of a statute
that may have previously been repealed by implication.
CONTINUANCE IN FORCE OF EXISTING RULES, REGULATIONS, AND
EXECUTIVE ORDERS
SEC. 1135. Notwithstanding the provisions of this Act, existing
rules, regulations of or applicable to the Service, and Executive orders
shall remain in effect until revoked or rescinded or until modified or
superseded by regulations made in accordance with the provisions of
this Act, unless clearly inconsistent with the provisions of this Act.
PART E-EFFEOTIIVE DATE OF ACT
SEC. 1141. The effective date of this Act shall be three months fol-
lowing the date of its enactment.
Approved August 13, 1946.
NOTE : Sec. 14 of P.L. 84-22 (69 Stat. 28) provides that "Notwithstanding the pro-
visions of this Act, existing rules, regulations of or applicable to the Foreign Service of
the United States shall remain in effect until revoked or rescinded or until modified or
superseded by regulations made in accordance with the provisions of this Act unless
clearly inconsistent with the provisions of this Act." Sec. 18 of P.L. 84-828 (to Stat.
708), is identical. Sec. 54 of P.L. 86-723 (74 Stat. 848) is similar.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
APPENDIXES
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
APPENDIX I
List of laws which repealed, amended, or otherwise affected
sections of the Foreign Service Act of 1946
Laws Which Repealed Amended or Otherwise
Affected Sections of t1,e Foreign Service Act of 1946 Seotionl Affected
P.L. 600, 79th Cong. (60 Stat. 806) ------------------------------------ 942
P.L. 253, 80th Cong. (61 Stat. 499)____________________________________ 561
P.L. 402, 80th Cong. (62 Stat. 13)----------------------------------- 575,576
P.L. 73 81st Con
g. (63 Stat. 111)______________ 201, 202, 57171 (b) (b),, 611, 702,1(141
P.L. 160, 81st Cong. (63 Stat. 407)__________________ __ 412,415
--------------
. 429, 81st Cong. (63 Stat. 954)____________________ 446, 528, 704
P.L. 784, 81st Cong. (64 Stat. 843) ______________
P.L. 201, 82d Cong. (65 Stat. 612) ---------- 415
P.L. 233 82d Con g. 412,415
g. (65 Stat. 672; 67 Stat. 136) -------------- 931, 932, 934, 935
P.L. 348, 82d Cong. (66 Stat. 81) _______________ -----
821,1112
---------------
. 591, 83d Cong. (68A Stat. 290) ----------------------------------- 1051
P.L. 759, 83d Cong. (68 Stat. 1051)_______ 413
------------------------------------ 763,83d Cong. (68 Stat. 1105)____________________________________ 625
P.L. 769, 83d Cong. (68 Stat.1142)-------------------------------- Title VIII
P.L. 22, 84th Cong. (69 'Stat. 24) ------------- 413, 432(c), 433, 517, 522, 571(a),
571(e), 633, 634, 804, 852, 853, 864, 901 (2) (ii) and (iv), 911
(9), 943.
P.L. 94, 84th Cong. (69 Stat. 172) ----------------------------------- 412,415
P.L. 250, 84th Cong. (69 Stat. 536)___ 412, 501(a), 502(a), 518, 631, 632, 811821
P.L. 323, 84th Cong. (69 Stat. 618) ------------------------------------ 1011
P.L. 503, 84th Cong. (70 Stat. 125)_____-__ __ Title VIII
----------------------
P.L. 726, 84th Cong. (70 Stat. 555) ------------------------------------ 933
P.L. 828, 84th Cong. (70 Stat. 704)------------------------------------ 411,
412,414,516, 517, 634, 635, 821, 871, 902, 921, 936, 941, 942, 943
P.L. 854, 84th Cong. (70 Stat.736)-------------------------------- Title VIII
P.L. 885, 84th Cong. (70 Stat. 890)__________________________________ Title IX
P.L. 1028, 84th Cong. (70A Stat. 33, 374)_____________________________ 561, 562
P.L. 85-462 (72 Stat.203) ------------------------------------------ 412,415
P.L. 85-882 (72 Stat. 1705) -------------------------------------- Title VIII
P.L. 86-108 (73 Stat. 246) -------------------------------------------- 522
P.L. 86-568 (74 Stat. 296) ------------------------------------------ 412,415
P.L. 86-612 (74 Stat.371)---------------------------------------- Title VIII
P.L. 86-707 (74 Stat. 792)__________________________ 443, 901, 902, 903, 911,913
P.L. 86-723 (74,Stat. 831) ---------------------- 416,417,43-1,441,442,444,500,
516, 517, 520, 525, 528, 531, 532, 571, 575, 576, 577, 578, 625, 626, 631,
632, 635, 636, 637, 638, 642, 701, 704, Title VIII, 912, 913, 1021
P.L. 87-195 (75 Stat. 424)___________________________ 701, 872, 911, 933 (a), 942
P.L. 87-793 (76 Stat. 832)-------------------------------------- 412,415,642
APPENDIX II
[PUBLIO --No. 135-68TH CONGRESS)
[H.R. 63571
An Act For the reorganization and improvement of the Foreign Service of the
United States, and for other purposes,
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That hereafter the
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11~ECji-F~pl 03721A000600010019-3
66 THE FOREIGN SER Diplomatic and Consular Service of the United States shall be known
as the Foreign Service of the United States.
SEC. 2. That the official designation "Foreign Service officer" as
employed throughout this Act shall be deemed to denote permanent
officers in the Foreign Service below the grade of minister, all of whom.
are subject to promotion on merit, and who may be assigned to duty
in either the diplomatic or the consular branch of the Foreign Service
at the discretion of the President.
SEc. 3. That the officers in the Foreign Service shall hereafter be
graded and classified as follows, with the salaries of each class herein
affixed thereto, but not exceeding in number for each class a propor-
tion to the total number of officers in the service represented in the
following percentage limitations : Ambassadors and ministers as now
or hereafter provided; Foreign Service officers as follows: Class 1, fi
er centum, $9,000; class 2, 7 per centum, $81000; class 3, 8 per centum,
7,000; class 4, 9 per centum, $6,004; class 5, 10 per centum, $5,000; r
class 6, 14 per centum, $4,500? class 7, $4,000; class 8, $3,500; class 9,
$3,000; unclassified, $3,000 to i,500: Provided, That as many Foreign
Service officers above class 6 as may be required for the purpose of
ins section may be detailed by the Secretary of State for that purpose.
SEC. 4. That Foreign Service officers may be appointed as secre-
taries in the Diplomatic Service or as consular officers or both: Pro-
vided, That all such appointments shall be made by and with the ad-
vice and consent of the Senate : Provided further, That all official acts
of such officers while on duty in either the diplomatic or the consular
branch of the Foreign Service shall be performed under their respec-
tive commissions as secretaries or as consular officers.
SEC. 5. That hereafter appointments to the position of Foreign
Service officer shall be made after examination and a suitable period of
probation in an unclassified oxade or, after five years of continuous
service in the Department of Mate, by transfer therefrom under such
rules and regulations as the President may prescribe : Provided, That
no candidate shall be eligible for examination for Foreign Service
officer who is not an American citizen : Provided further, That rein-
statement of Foreign Service officers separated from the classified
service by reason of 'appointment to some other position in the Gov-
ernment service may be made by Executive order of the President
under such rules and regulations as he may prescribe.
All appointments of Foreign Service officers shall be, by commission
to a class and not by commission to any particular post, and such of-
ficers shall be assigned to posts and may be transferred from one post
to another by order of the President as the interests of the service may
require : Provided, That the classification of secretaries in the Diplo-
matic Service and of consular officers is hereby abolished, without,
however, in any wise impairing the validity of the present commissions
of secretaries and consular officers.
SEC. 6. That section 5 of the Act of February 5, 1915 (Public 242),
is hereby amended to read as follows :
"SEC. 5. That the Secretary of State is directed to report from time
to time to the President, along with his recommendations, the names
of those Foreign Service officers who by reason of efficient service have
demonstrated special capacity for promotion to the grade of minister,
and the names of those Foreign Service officers and employees and
officers and employees in the Department of State who by reason of
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleasgjRAgA(Y ' q - POT8f9A721A0006q?010019-3
efficient service, an accurate record of which shall be kept in the De-
partment of State, have demonstrated special efficiency, and also the
names of persons found upon taking the prescribed examination to
have fitness for appointment to the lower grades of the service."
SEc. 7. That on the date on which this Act becomes effective the
Secretary of State shall certify to the President, with his recommenda-
tion in each case, the record of efficiency of the several secretaries in
the Diplomatic Service, consuls general, consuls, vice consuls of career,
consular asistants, interpreters, and student interpreters then in office
and shall, except in cases of persons found to merit reduction in rank
or dismissal from the service, recommend to the President the recom-
missioning, without further examination, of those then in office as
follows :
Secretaries of class one designated as counselors of embassy, and
consuls general of classes one and two as Foreign Service officers of
class one.
Secretaries of class one designated as counselors of legation and
consuls general of class three as Foreign Service officers of class two.
Secretaries of class one not designated as counselors, consuls general
of class four, and consuls general at large as Foreign Service officers
of class three.
Secretaries of class two, consuls general of class five, consuls of
classes one, two, and three, and Chinese, Japanese, and Turkish secre-
taries as Foreign Service officers of class four.
Consuls of class four as Foreign Service officers of class five.
Secretaries of class three, consuls of class five, and Chinese, Japa-
nese, and Turkish assistant secretaries as Foreign Service officers of
class six.
Consuls of class six as Foreign Service officers of class seven.
Secretaries of class four and consuls of class seven as Foreign Serv-
ice officers of class eight.
Consuls of classes eight and nine as Foreign Service officers of
class nine.
Vice consuls of career, consular assistants, interpreters, and student
interpreters as Foreign Service officers, unclassified.
SEc. 8. That consuls general of class one and consuls of class one
holding office at the time this Act takes effect shall not, as a result
of their recommissioning or reclassification, suffer a reduction in
salary below that which they are then receiving : Provided, however,
That this provision shall apply only to the incumbents of the offices
mentioned at the time this Act becomes effective.
That the grade of consular assistant is hereby abolished, and that
all consular assistants now in the service shall be recommissioned as
Foreign Service officers, unclassified.
SEc. 9. That sections 1697 and 1698 of the Revised Statutes are
hereby amended to read as follows :
"Every secretary, consul general, consul, vice consul of career,
or Foreign Service officer, before he receives his commission or enters
upon the duties of his office, shall give to the United States a bond,
in such form as the President shall prescribe, with such sureties, who
shall be permanent residents of the United States, as the Secretary
of State shall approve, in a penal sum not less than the annual compen-
sation allowed to such officer, conditioned for the true and faithful
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve For Release 2000/09/1SERVICE 1: CIAcRDP78-03721A000600010019-3 6
accounting for, paying over, and delivering up of all fees, moneys,
goods, effects, books, records, papers, and other property which shall
come to his hands or to the hands of any other person to his use as such
officer 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 officer : Provided, That the operation of no
existing bond shall in any wise be impaired by the provisions of this
Act: Provided further, hat such bond shall cover by its stipulations
all official acts of such officer, whether as Foreign Service officer or as
secretary in the Diplomatic Service, consul general, consul, or vice con-
suls of career. The bonds herein mentioned shall be deposited with the
Secretary of the Treasury."
SEC. 10. That the provisions of section 4of the Act of April 5, 1906,
relative to the powers, duties, and prerogatives of consuls general at
large are hereby made applicable to Foreign Service officers detailed
for the purpose of inspection, who shall, under the direction of the
Secretary of State, inspect the work of offices in the Foreign Service,
both in the diplomatic and the consular branches.
Sze. 11. That the provisions of sections 8 and 10 of the Act of April
5, 1906, relative to official fees and the method of accounting therefor
shall include both branches of the Foreign Service.
SEC. 12. That the President is hereby authorized to grant to diplo-
matic missions and to consular offices at capitals of countries where
there is no diplomatic mission of the United States representation
allowances out of any money which may be appropriated for such
purpose from time to time by Congress, the expenditure of such
representation allowance to be accounted for in detail to the Depart-
ment of State quarterly under such rules and regulations as the
President may prescribe.
SEC. 13. Appropriations are authorized for the salary of a private
secretary to each ambassador who shall be appointed by the ambassa-
dor and hold office at his pleasure.
SEC. 14. That any Foreign Service officer may be assigned for duty
in the Department of State without loss of class or salary, such
assignment to be for a period of not more than three years, unless
the public interests demand further service, when such assignment
may be extended for a period not to exceed one year. Any Foreign
Service officer of whatever class detailedfor special duty not at his
post or in the Department of State shall be paid his actual and
necessary expenses for travel and not exceeding an average of $8
per day for subsistence during such special detail: Provided, That
such special duty shall not continue for more than sixty days,
unless in the case of trade conferences or international gatherings,
congresses, or conferences, when such subsistence expenses shall run
on.ty during the period thereof and the necessary period of transit to
and from the place of gathering : Provided further, That the Secretary
of State is authorized to prescribe a per diem allowance not exceeding
$6, in lieu of subsistence for Foreign Service officers on special duty
or Foreign Service inspectors.
SEC. 15. That the Secretary of State is authorized, whenever he
deems it to be in the public interest, to order to the United States on
his statutory leave of absence any Foreign Service officer who has
performed three years or more of continuous service abroad : Pro-
vided, That the expenses of transportation and subsistence of such
officers and their immediate families, in traveling from their posts
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releaser PqW"41SE&IAFAPP778-44721AO0060010019-3
to their homes in the United States and return, shall be paid under
the same rules and regulations applicable in the case of officers going to
and returning from their posts under orders of the Secretary of State
when not on leave: Provided further, That while in the United States
the services of such officers shall be available for trade conference work
or for such duties in the Department of States as the Secretary of
State may prescribe.
SEC. 16. That the part of the Act of July 1, 1916 (Public,
Numbered 131), which authorizes the President to designate and
assign any secretary of class one as counselor of embassy or legation,
is hereby amended to read as follows :
"Provided, That the President may, whenever he considers it
advisable so to do, designate and assign any Foreign Service officer
as counselor of embassy or legation."
SEC. 17. That within the discretion of the President, any Foreign
Service officer may be appointed to act as commissioner, charge
d'affaires, minister resident, or diplomatic agent for such period as
the public interests may require without loss of grade, class, or salary :
Provided, however, That no such officer shall receive more than one
salary.
That section 1685 of the Revised Statutes as amended by the Act
entitled "An Act for the improvement of the Foreign Service, ap-
proved February 5, 1915," is hereby amended to read as follows :
"SEC. 1685. That for such time as any Foreign Service officer shall
be lawfully authorized to act as charge d'affaires ad interim or to
assume charge of a consulate general or consulate during the absence
of the principal officer at the post to which he shall have been as-
signed, he shall, if his salary is less than one-half that of such
principal officer, receive in addition to his salary as Foreign Service
officer compensation equal to the difference between such salary and
one-half of the salary provided by law for the ambassador, minister,
or principal consular officer, as the case may be."
SEC. 18. The President is authorized to prescribe rules and regula-
tions for the establishment of a Foreign Service retirement and dis-
ability system to be administered under the direction of the Secretary
of State and in accordance with the following principles, to wit:
(a) The Secretary of State shall submit annually a comparative
report showing all receipts and disbursements on account of refunds,
allowances, and annuities, together with the total number of persons
receiving annuities and the amounts paid them, and shall submit
annually estimates of appropriations necessary to continue this section
in full force and such appropriations are hereby authorized : Provided,
That in no event shall the aggregate total appropriations exceed the
aggregate total of the contributions of the Foreign Service officers
thertofore made, and accumulated interest thereon.
(b) There is hereby created a special fund to be known as the
Foreign Service retirement and disability fund.
(c) Five per centum of the basic salary of all Foreign Service
officers eligible to retirement shall be contributed to the Foreign
Service retirement and disability fund and the Secretary of the Treas-
ury is directed on the date on which this Act takes effect to cause such
deductions to be made and the sums transferred on the books of the
Treasury Department to the credit of the Foreign Service retirement
and disability fund for the payment of annuities, refunds, and allow-
ances : Provided, That all basic salaries in excess of $9,000 per annum
shall be treated as $9,000.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approveofor Relea,*%~2991A /II ,iqlAA 7 3721 A000600010019-3
(d) When any Foreign Service officer has reached the age of sixty-
five years and rendered at least fifteen years of service he shall be
retired : Provided, That the President may in his discretion retain,
any such officer on active duty for such period not exceeding five years
as he may deem for the interest of the United States.
(e) Annuities shall be paid to retired Foreign Service officers under
the following classifications, based upon length of service and at the
following percentages of the average annual basic salary for the ten
years next preceding the date of retirement : Class A, thirty years or
more, 60 per centum; class B, from twenty-seven to thirty years, 54 per
centum; class C, from twenty-four to twenty-seven years, 48 per con-
tu.m; class D, from twenty-one to twenty-four years, 42 per centwn;
class E, from eighteen to twenty-one years, 36 per centum; class F,
-from fifteen to eighteen years, 30 per centum.
(f) Those officers who retire before having contributed for each
-year of service shall have withheld from their annuities to the credit
of the Foreign Service retirement and disability fund such proportion
,of 5 per centum as the number of years in which they did not contribute
bears to the total length of service.
(g) The Secretary of the Treasury is directed to invest from time
to time in interest-bearing securities of the United States such portions
of the Foreign Service retirement and disability fund as in his judg-
ment may not be immediately required for the payment of annuities,
refunds, and allowances and the income derived from such investments
shall constitute a part oY said fund.
(h) None of the moneys mentioned in this section shall be assign-
able, either in law or equity, or be subject to execution, levy, or attach-
ment, garnishment, or other legal process.
(i) In case an annuitant dies without having received in annuities
an amount equal to the total amount of his contributions from salary
with interest thereon at 4 per centum per annum compounded an-
nually up to the time of his death, the excess of the said accumulated
contributions over the said annuity payments shall be paid to his or her
legal representatives; and in case a Foreign Service officer shall die
without having reached the retirement age the total amount of his
contributions with accrued interest shall be paid to his legal repre-
sentatives. -
(j) That any Foreign Service officer who before reaching the age
of retirement becomes totally disabled for useful and efficient service
by reason of disease or injury not due to vicious habits, intemperance,
or willful misconduct on his part, shall, upon his own application or
upon order of the President, be retired on an annuity under para-
graph (e) of this section: Provided, (however, That in each case such
disability shall be determined by the report of a duly qualified physi-
cian or surgeon designated by the Secretary of State to conduct the
examination: Provided further, That unless the disability be perma-
nent, a like examination shall be made annually in order to determine
the degree of disability, and the payment of annuity shall cease from
the date of the medical examination showing recovery.
Fees for examinations under this provision, together with reason-
able traveling and other expenses incurred in order to submit to
examination, shall be paid out of the Foreign Service retirement and
disability fund. - -
When the annuity is discontinued under this provision, before the
annuitant has received a sum equal to the total amount of his con-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releaser2g0Ql &1sEeI .RD 7-3721 A00060bb10019-3
tributions with accrued interest, the difference shall be paid to him
or to his legal representatives.
(k) The President is authorized from time to time to establish, by
Executive order, a list of places in tropical countries which by reason
of climatic or other extreme conditions are to be classed as unhealthful
posts, and each year of duty at such posts, while so classed, inclusive
of regular leaves of absence, shall be counted as one year and a half,
and so on in like proportion in reckoning the length of service for the
pur oses of retirement.
(1)) Whenever a Foreign Service officer becomes separated from
the service except for disability before reaching the age of retirement,
75 per centum of the total amount of contribution from his salary
without interest shall be returned to him.
(m) Whenever any Foreign Service officer, after the date of his
retirement, accepts a position of employment the emoluments of which
are greater than the annuity received by him from the United States
Government by virtue of his retirement under this Act, the amount of
the said annuity during the continuance of such employment shall be
reduced by an equal amount : Provided, That all retired Foreign
Service officers shall notify the Secretary of State once a year of any
positions of employment accepted by them stating the amount of com-
pensation received therefrom and whenever any such officer fails to
so report it shall be the duty of the Secretary of State to order the
payment of the annuity to be suspended until such report is received.
(n) The Secretary of State is authorized to expend from surplus
money to the credit of the Foreign Service retirement and disability
fund an amount not exceeding $5,000 for the expenses necessary in
carrying out the provisions of this section, including actuarial advice.
(o) Any diplomatic secretary or consular officer who has been or
any Foreign Service officer who may hereafter be promoted from
the classified service to the grade of ambassador or minister, or
appointed to a position in the Department of State shall be entitled
to all the benefits of this section in the same manner and under the
same conditions as Foreign Service officers.
(p) For the purposes of this Act the period of service shall be
computed from the date of original oath of office as secretary in the
Diplomatic Service, consul general, consul, vice consul, deputy
consul, consular assistant, consular agent, commercial agent, inter-
preter, or student interpreter, and shall include periods of service
at different times in either the Diplomatic or Consular Service, or
while on assignment to the Department of State, or on special duty,
but all periods of separation from the service and so much of any
period of leave of absence as may exceed six months shall be excluded :
Provided, That service in the Department of State prior to appoint-
ment as a Foreign Service officer may be included in the period of
service, in which case the officer shall pay into the Foreign Service
retirement and disability fund a special contribution equal to 5 per
centum of his annual salary for each year of such employment, with
interest thereon to date of payment compounded annually at 4 per
centum.
SEc. 19. In the event of public emergency any retired Foreign
Service officer may be recalled temporarily to active service by the
President and while so serving he shall be entitled in lieu of his
retirement allowance to the full pay of the class in which he is tem-
porarily serving.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releatw2ft6i09/4viGiAdRQP78,t?3721 A000600010019-3
SEC. 20. That all provisions of law heretofore enacted relating
to secretaries in the Diplomatic Service and to consular officers,
which are not inconsistent with the provisions of this Act, are hereby
made applicable to Foreign Service officers when they are designated
for service as diplomatic or as consular officers, and that all Acts
orparts of Acts inconsistent with this Act are hereby repealed.
SEC. 21. That the appropriations contained in Title I of the Act
entitled "An Act making appropriations for the Departments of
State and Justice and for the Judiciary and for the Departments of
Commerce and Labor for the fiscal year ending June 30, 1925, and
for other purposes," for such compensation and expenses as are affected
by the provisions of this Act are made available and may be applied
toward the payment of the compensation and expenses herein pro-
vided for, except that no part of such appropriations shall be available
for the payment of annuities to retired Foreign Service officers.
SEC. 22. The titles "Second Assistant Seereta of State" and
"Third Assistant Secretary of State" shall hereafter be known as
"Assistant Secretary of State" without numerical distinction of rank;
but the change of title shall in no way impair the commissions, salaries,_
and duties of the present incumbents.
There is hereby established in the Department of State an addi-
tional "Assistant Secretary of State," who shall be appointed by the-
President, by and with the advice and consent of the Senate, and shall
be entitled to compensation at the rate of $7,500 per annum.
The position of Director of the Consular Service is abolished and the
salary provided for that office is hereby made available for the salary
of the additional Assistant Secretary of State herein authorized.
SEC. 23. That this Act shall take effect on July 1, 1924.
Approved, May 24,1924.
APPENDIX III
[PuBLIc-NO. 715-71ST CONGRESS]
[H.I1. 9110]
An Act For the grading and classification of clerks in the Foreign Service of"
the United States of America, and, providing compensation therefor.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the clerks in
the .Foreign Service of the United States of America shall be graded
and classified as follows, and shall receive, within the limitation of
such appropriations as the Congress may make, the basic compensa-
tions specified :
Senior clerks. Class 1, $4,000; class 2, $3,750; class 3, $3,500; class
4, $3,250; class 5, $3,000.
Junior clerks. Class 1, $2,750; class 2, $2,500; class 3, all clerks,
whose compensation as fixed by the Secretary of State is less than
$2,500 per annum.
SEC. 2. Appointments to the grade of senior clerks and advance-
ment from class to class in that grade shall herea-fter be by promo-
tion for efficient service, and no one shall be promoted to the grade
of senior clerk who is not an American citizen and has not served
as a clerk in a diplomatic mission or a consulate, or both, or as a clerk
in the Department of State for at least five years.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release r 0 6i1AQWRQ,PZ$-Q3 21 A00060Q910019-3
SEC. 3. That the Secretary of State is hereby authorized, at posts
where in his judgment it is required by the public interests for the
purpose of meeting the unusual or excessive costs of living ascertained
by him to exist, to grant compensation to clerks assigned there in
addition to the basic rates herein specified, within such appropria-
tions as Congress may make for such purpose : Provided, however,
That all such additional compensation with the reasons therefor shall
be reported to Congress with the annual Budget.
SEC. 4. No clerk who is not an American citizen shall hereafter be
appointed to serve in a diplomatic mission.
SEc. 5. The President is hereby authorized to prescribe regulations
for the administration of the foregoing provisions.
SEC. 6. Section 5 of the Act of April 5, 1906, entitled "An Act to
provide for the reorganization of the Consular Service" (United
States Code, page 646, section 57), is hereby repealed.
SEC. 7. That the Act (Public Numbered 135, Sixty-eighth Con-
gress) approved May 24, 1924, entitled "An Act for the reorganiza-
tion and improvement of the Foreign Service of the United States,
and for other purposes," be, and the same is hereby, amended to read
as follows :
"SEC. 8. That hereafter the Diplomatic and Consular Service of
the United States shall be known as the Foreign Service of the United
States.
"SEC. 9. That the official designation `Foreign Service officers,' as
employed throughout this Act, shall be deemed to denote permanent
officers in the Foreign Service below the grade of minister, all of
whom are subject to promotion on merit and who may be appointed
to either diplomatic or consular positions or assigned to serve in the
Department of State subject to section 21 of this Act, at the discretion
of the President.
"SEC. 10. That the officers in the Foreign Service shall hereafter
be graded and classified as follows with the salaries of each class
herein affixed thereto, except as increases in salaries are authorized
in section 33 of this Act, but not exceeding in number for each class
a proportion of the total number of officers in the service represented
in the following percentage limitations :
"Ambassadors and ministers as now or hereafter provided : For-
eign Service officers as follows : Class 1, 6 per centum, $9,000 to
$10,000; class 2, 7 per centum, $8,000 to $8,900; class 3, 8 per centum,
$7,000 to $7,900; class 4, 9 per centum, $6,000 to $6,900; class 5,
10 per centum, $5,000 to $5,900; class 6, 14 per centum, $4,500 to
$4,900; class 7, $4,000 to $4,400; class 8, $3,500 to $3,900; unclassified,
$2,500 to $3;400: Provided, That as many Foreign Service officers
above class 6 as may be required for the purpose of inspection may
be detailed by the Secretary of State for that purpose.
"SEC. 11. That Foreign Service officers may be commissioned as
diplomatic or consular officers or both : Provided, That all such
appointments shall be made by and with the advice and consent of
the Senate: And provided further, That all official acts of such
officers while serving under diplomatic or consular commissions in
the Foreign Service shall be performed under their respective com-
missions as secretaries or as consular officers.
"SEC. 12. That hereafter appointments to the position of Foreign
Service officers shall be made after examination and officers so,
01189-62-6
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve A, For Relea 2 %q9/1E', ~IqlPAZRgF71?~Q3721A000600010019-3
appointed shall serve a suitable period of probation in an unclassified
grade or, under such rules and regulations as the President may
prescribe, after five years of continuous service in an executive or
quasiexecutive position in the Department of State, by transfer
therefrom : Provided, That no candidate shall be eligible for exam-
ination for Foreign Service officer who is not an American citizen
and who shall not have been such at least fifteen years: Provided
further, That reinstatement of Foreign Service officers separated
from the classified service by reason of appointment to some other
position in the Government service may be made by Executive order
of the President under such rules and regulations as he may pre-
scribe. Except that the number of such officers reinstated shall not
affect the number of the percentage of the class provided in sec-
tion 10.
"All appointments of Foreign Service officers shall be by commis-
sion to a class and not by a commission to a particular post, and
such officers shall be assigned to posts and may be transferred from
one post to another by order of the President as the interests of the
service may require: Provided, That the classification of secretaries
in the Diplomatic Service and of consular officers is hereby abolished
without, however, in any wise impairing the validity of the present
commissions of secretaries and consular officers.
"Suo. 13. That section 5 of the Act of February 5, 1915 (Public,
Numbered 242), is hereby repealed.
"SEc. 14. That the Secretary of State is directed to report from
time to time to the President, along with his recommendations, the
names of those Foreign Service officers who by reason of efficient
service have demonstrated special capacity for promotion to the
grade of minister and the names of those Foreign Service officers and
clerks and officers and employees in the Department of State who by
reason of efficient service, an accurate record of which shall be kept
in the Department of State, have demonstrated special efficiency, and
also the names of persons found upon taking the prescribed examina-
tion to have fitness for appointment to the service, and any Foreign
Service officer who may hereafter be promoted to a higher class
within the classification prescribed in section 10 of this Act shall
have the status and receive the compensation attaching to such higher
class from the date stated in his commission as the affective date of
his promotion to such higher class.
"That the grade of consular assistant is hereby abolished.
"SEC. 15. That sections 1697 and 1698 of the Revised Statutes are
hereby repealed.
"SEC. 16. Every secretary, consul general, consul, vice consul of
career, or Foreign Service officer, before he receives his commission
or enters upon the duties of his office, shall give to the United States
a bond, in such form as the President shall prescribe, with such
sureties, who shall be permanent residents of the United States, as
the Secretary of State shall approve, in a penal sum not less than
the annual compensation allowed to such officer, conditioned for the
true and faithful accounting for, paying over, and delivering up of
all fees, moneys, goods, effects, books, records, papers, and other
property which shall come to his hands or to the hands of any other
person to his use as such officer under any law now or hereafter
enacted, and for the true and faithful performance of all other duties
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2pO%ftjGt: &-q q7~-047A1A000600( J0019-3
now or hereafter lawfully imposed upon him as such officer : Pro-
vided, That the operation of no existing bond shall in any wise be
impaired by the provisions of this Act: Provided further, That such
'bond shall cover by its stipulations all official acts of such officer,
whether commissioned as diplomatic or consular officer or Foreign
Service officer. The bonds herein mentioned shall be deposited with
the Secretary of the Treasury.
"SEC. 17. That the provisions of section 4 of the Act of April 5,
1906, relative to the powers, duties, and prerogatives of consuls gen-
eral at large are hereby made applicable to the Foreign Service offi-
cers detailed for the purpose of inspection, who shall, under the direc-
tion of the Secretary of State, inspect in a substantially uniform
manner the work of diplomatic and consular offices.
"SEC. 18. That the provisions of sections 8 and 10 of the Act of
April 5, 1906, relative to official fees and the method of accounting
therefor shall apply to diplomatic officers below the grade of minister
and to consular officers.
"SEc. 19. That under such regulations as the President may pre-
scribe, and within the limitations of such appropriations as may be
made therefor, which appropriations are hereby authorized, ambas-
sadors, ministers, diplomatic, consular, and Foreign Service officers
may be granted allowances for representation; and also post allow-
ances wherever the cost of living may be proportionately so high
that in the opinion of the Secretary of State such allowances are
necessary to enable such diplomatic, consular, and Foreign Service
officers to carry on their work efficiently : Provided, That all such
allowances shall be accounted for to the Secretary of State in such
manner and under such rules and regulations as the President may
prescribe and the authorization and approval of such expenditures by
the Secretary of State, as complying with such rules and regulations,
shall be binding upon all officers of the Government: Provided fur-
ther, That the Secretary of State shall report all such expenditures
annually to the Congress with the Budget estimates of the Depart-
ment of State.
"SEC. 20. Appropriations are authorized for the salary of a private
secretary to each ambassador to be appointed by the ambassador and
hold office at his pleasure.
"SEC. 21. That any Foreign Service officer may be assigned for
duty in the Department of State without loss of class or salary, such
assignment to be for a period of not more than three years, unless the
public interest demand further service, which such assignment may
be extended for a period not to exceed one year. Notwithstanding
the provisions of section 1742 of the Revised Statutes of the United
States, any ambassador or minister or any Foreign Service officer of
whatever class detailed for duty in connection with trade conferences
or international gatherings, congresses, or conferences, or for other
special duty not at his post or in the Department of State, except
temporarily for purposes of consultation, shall be paid his salary
and expenses for travel and subsistence at the rates prescribed by law.
"SEc. 22. That the Secretary of State is authorized whenever he
deems it to be in the public interest, to order to the United States
on his statutory leave of absence any Foreign Service officer or vice
consul of career who has performed three years or more of con-
tinuous service abroad : Provided, That the expenses of transportation
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Rele, e 9 %JJI,,CJ 4~91?17 03721A000600010019-3
and subsistence of such officers and their immediate families, in
traveling from their posts to their homes in the United States and
return, shall be paid under the same rules and regulations applicable
in the case of officers going to and returning from their posts under
orders of the Secretary of State when not on leave; And provided
further, That while in the United States the services of such officers
shall be available for trade conference work or for such duties in the
Department of State as the Secretary of State may prescribe, but
the time of such work or duties shall not be counted as leave.
"The Secretary of State is authorized, in his discretion and subject
to such regulations as may be issued by the President to grant to
any officer or employee of the Foreign Service not to exceed sixty
days annual leave of absence with pay. If such officer or employee
returns to the United States, the leave of absence granted under the
provisions of this section shall be exclusive of the time actually and
necessarily occupied in going to and from the United States, and such
time as may be necessarily occupied in awaiting sailing. Any portion
of sixty days annual leave not granted or availed of in any one year
may be cumulative, not to exceed exclusive of time in transit and
awaiting sailing, one hundred and twenty days in three years or one
hundred and eighty days in four years : Provided further, That
employees, not American citizens, may be granted not to exceed thirty
days of leave of absence with pay in any one year.
"The Secretary of State is also authorized to grant to any officer
or employee of the Foreign Service on account of personal illness or
on account of exposure to a contagious disease which would render
presence at a post of duty ha-zardous to the health of fellow employees,
sick leave of absence with pay at the rate of fifteen days a year, the
unused portion of such sick leave to be cumulative not to exceed one
hundred and twenty days: Provided, That during the first year of
operation of this act not to exceed thirty days of additional sick leave
of absence with pay may be granted.
"No Foreign Service officer shall be absent from his post with pay
for more than forty-eight hours without permission, except as pro-
vided herein.
"Section 1742 of the Revised Statutes is hereby repealed.
"SEc. 23. That the part of the Act of July 1, 1916 (Public, Num-
bered 131), which authorizes the President to designate and assign
any secretary of class 1 as counselor of embassy or legation, is hereby
amended to read as follows :
"Provided, That the President may, whenever he considers it ad-
visable so to do, designate and assign any Foreign Service officer as
counselor of embassy or legation.'
"SEc. 24. That within the discretion of the President, any Foreign
Service officer may be assigned to act as commissioner, charge
d'affhires, minister resident, or diplomatic agent for such period as
the public interests may require without loss of grade, class, or salary :
Provided, however, That no such officer shall receive more than one
salary.
"SEc. 25. That for such times as any Foreign Service officer shall
be lawfully authorized to act as charge d'affaires ad interim or to
assume charge of a consulate general or consulate during the absence
of the principal officer at the post to which he shall have been as-
signed, he shall, if his salary is less than one-half that of such princi-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release,p%q?4j) sLq.-RP74-q47;1A00060010019-3
pal officer, receive in addition to his salary as Foreign Service officer,
compensation equal to the difference between such salary and one-half
of the salary provided by law for the ambassador, minister, or princi-
pal consular officer, as the case may be.
"Snc. 26. The President is authorized to prescribe rules and regula-
tions for the establishment of a Foreign Service retirement and dis-
ability system to be administered under the direction of the Secretary
of State and in accordance with the following principles, to wit:
"(a) The Secretary of State shall submit annually a comparative
report showing all receipts and disbursements on account of refunds,
allowances, and annuities, together with the total number of persons
receiving annuities and the amounts paid them, and shall submit
annually estimates of appropriations necessary to continue this sec-
tion in full force and such appropriations are hereby authorized:
Provided, That in no event shall the aggregate total appropriations
exceed the aggregate total of the contributions of the Foreign Serv-
ice officers theretofore made, and accumulated interest thereon.
"(b) There, is hereby created a special fund to be known as the
Foreign Service retirement and disability fund.
"(c) Five per centum of the basic salary of all Foreign Service
officers eligible to retirement shall be contributed to the Foreign
Service retirement and disability fund, and the Secretary of tie
Treasury is directed on the date on which this Act takes effect to
cause such deductions to be made and the sums transferred on the
books of the Treasury Department to the credit of the Foreign Serv-
ice retirement and disability fund for the payment of annuities,
refunds, and allowances : Provided, That all basic salaries in excess
of $10,000 per annum shall be treated as $10,000.
"(d) When any Foreign Service officer has reached the age of
sixty-five years and rendered at least fifteen years of service he shall
be retired : Provided, That if any such officer shall have served thirty
years he may be retired at his own request before reaching the age of
sixty-five years: Provided further, That the President may in his
discretion retain any such officer on active duty for such period prior
to his reaching seventy years of age, as he may deem for the interests
of the United ?tates.
"(e) Annuities shall be paid to retired Foreign Service officers
under the following classification, based upon length of service and
at the following percentages of the average annual basic salary for
the ten years next preceding the date of retirement : Class A, thirty
years or more, 60 per centum; Class B, from twenty-seven to thirty
years, 54 per centum; Class C, from twenty-four to twenty-seven
years, 48 per centum; Class D, from twenty-one to twenty-four years,
42 per centum; Class E, from eighteen to twenty-one years, 36 per
centum; Class F, from fifteen to eighteen years, 30 per centum:
Provided, however, That in computing the average annual basic
? salary for the ten years next preceding the date of retirement, so
much of an officer's service as was rendered prior to July 1, 1924,
in accordance with the classification and salaries established by
laws then in effect as it is possible to credit to him by applying to
all such periods of service rendered prior to July 1, 1924, the rules
for corresponding classes in the reclassification provisions in section
7 of the Act of May 24, 1924, shall be considered as having been
performed in accordance with the classifications and salaries estab-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Relee?g9fG'N % JJ1,1PXG'T P?Ps03721A000600010019-3
lished for Foreign Service officers in section 3 of the Act of May 24,
1924: And provided further, That no increases in annuities under
this Act shall operate retroactively and nothing in this Act shall be
interpreted as reducing the rate of the annuity received by any re-
tired officer on the effective date of this Act.
"(f) Those officers who retire before having contributed for each
year of service shall be have withheld from their annuities to the credit
of the Foreign Service retirement and disability fund such propor-
tion of 5 per centum as the number of years in which they did not
contribute bears to the total length of service : Provided, That no
deductions shall be made from the annuities of officers who have con-
tributed thirty years, and no officer shall be required to contribute
more than thirty years in any circumstances.
"(g) The Secretary of the Treasury is directed to invest from time
to time in interest-bearing securities of the United States such portions
of the Foreign Service retirement and disability fund as in his judg-
ment may not be immediately required for the payment of annuities,
refunds, and allowances, and the income derived from such invest-
ments shall constitute a part of said fund.
"(h) None of the moneys mentioned in this section shall be as-
signable either in law or equity, or be subject to execution, levy, or at-
tachment, garnishment, or other legal process.
"(i) In case an annuitant dies without having received in annuities
an amount equal to the total amount of his contributions from salary
with interest thereon at 4 per centum per annum compounded annually
up to the time of his death, the excess of said accumulated contribu-
tions over the said annuity payments shall be paid to his or her legal
representatives; and in case a. Foreign Service officer shall die without
having reached the retirement age the total amount. of his contribu-
tion with accrued interest shall be paid to his legal representatives.
"(j) That any Foreign Service officer who, before reaching the
age of retirement becomes totally disabled for useful and efficient .
service by reason of disease or injury not due to vicious habits, in-
temperance, or willful misconduct on his part, shall, upon his own
application or upon order of the President, be retired on an annuity
under paragraph (e) of this section : Provided, however, That in each
case such disability shall be determined by the report of a duly
qualified physician or surgeon designated by the Secretary of State
to conduct the examination : Provided further, That unless the dis-
ability be permanent, a like examination shall be made annually in
order to determine the degree of disability, and the payment of
annuity shall cease from the date of the medical examination showing
recovery.
"Fees for examinations under this provision, together with reason-
able traveling and other expenses incurred in order to submit to
examination, shall be paid out of the Foreign Service retirement and
disability fund.
"When the annuity is discontinued under this provision before
the annuitant has received a sum equal to the total amount of his
contributions, with accrued interest, the difference shall be paid to
him or to his legal representatives.
"(k) The President is authorized from time to time to establish,
by Executive order, a list of places which by reason of climatic or
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 0PdMt1-W&-R,PP~P-Q T21A000609910019-3
other extreme conditions are to be classed as unhealthful posts, and
each year of duty subsequent to January 1, 1900, at such posts inclu-
sive of regular leaves of absence, of officers already retired or here-
after retired, shall be counted as one year and a half, and so on in
like proportion in reckoning the length of service for the purpose of.
retirement, fractional months being considered as full months in
computing such service: Provided, however, That the President may
at any time cancel the designation of any places as unhealthful with-
out affecting any credit which has accrued for service at such posts
prior to the date of the cancellation.
"(1) Whenever a Foreign Service officer becomes separated from
the service except for disability before reaching the age of retire-
ment, or under section 33 of this Act, the total amount of contribu-
tion from his salary with interest thereon at 4 per centum per annum
compounded annually up to the date of such separation, shall be
returned to him.
"(m) The Secretary of State is authorized to expend from sur-
plus money to the credit of the Foreign Service retirement and
disability fund an amount not exceeding $5,000 per annum for the
expenses necessary in carrying out the provisions of this section,
including actuarial advice.
"(n) Xny diplomatic secretary or consular officer who has been or
any Foreign Service officer who may hereafter be promoted from the
classified service to the grade of ambassador or minister, or appointed
to a position in the Department of State, shall be entitled to all the
benefits of this section in the same manner and under the same condi-
tions as Foreign Service officers : Provided, That any officer now in-
cluded under the Act of May 24, 1924, and the amendment thereto of
July 3, 1926, shall be entitled to the benefits of this section.
"(o) For the purposes of this Act the period of service shall be
computed from the date of original oath of office as diplomatic sec-
retary, consul general, consul, vice consul, deputy consul, 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 of State, or on special duty or service in another
department or establishment of the Government, but all periods of
separation from the service and so much of any period of leave of
absence without pay as may exceed six months shall be excluded : Pro-
vided, That service in the Department of State or as clerk in a mission
or consulate prior to appointment as a Foreign Service officer may be
included in the period of service, in which case the officer shall pay
into the Foreign Service retirement and disability fund a special con-
tribution equal to 5 per centum of his annual salary for each year of
such employment, with interest thereon to date of payment com-
pounded annually at 4 per centum, provided that such special contri-
bution shall be subject to the limitations established by subdivision
(f) of this section.
"Snc. 27. In the event of public emergency any retired Foreign Serv-
ice officer may be recalled temporarily to active service by the Presi-
dent, and while so serving he shall be entitled in lieu of his retirement
allowance to the full pay of the class in which he is temporarily
serving.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946
"SEC. 28. That all provisions of law heretofore enacted relating to
diplomatic secretaries and to consular officers, which are not inconsist-
ent with the provisions of this Act, are hereby made applicable to For-
eign Service officers when they are designated for service as diplomatic
or consular officers, and that all Acts or parts of Acts inconsistent with
this Act are hereby repealed.
"SEC. 29. That the appropriations contained in Title I of the Act
entitled `An Act making appropriations for the Departments of State
and Justice and for the Judiciary and for the Departments of Com-
merce and Labor for the fiscal year ending June 30, 1932, and for other
purposes,' for such compensation and expenses as are affected by the
provisions of this Act are made available and may be applied toward
the ayment of the compensation and expenses herein provided.
"SEC. 30. That there is hereby established in the Department of State
the office of legal adviser (in lieu of the Solicitor of the Department
of State, which office is hereby abolished). The legal adviser shall be
appointed by the President by and with the advice and, consent of the
Senate and shall receive the same salary as Assistant Secretaries of
State.
"SEC. 31. There shall be in the Department of State a Board of
Foreign Service Personnel for the Foreign Service, whose duty it
shall be to recommend promotions in the Foreign Service and to
furnish the Secretary of State, with lists of Foreign Service officers
who have demonstrated special capacity for promotion to the grade
of :minister. The board shall be composed of not more than three
Assistant Secretaries of State, one of whom shall be the Assistant
Secretary of State having supervision over the Division of Foreign
Service Personnel, who shall be chairman. The Chief of the Divi-
sion of Foreign Service Personnel and one other member of the
division may attend the meetings of the board and one of them
shall act as secretary, but they shall not be entitled to vote in its
proceedings. No Foreign Service officer below class I shall be as-
signed for duty in the Division of Foreign Service Personnel. For-
eign Service officers assigned to the division shall not be eligible
for recommendation by the Board of Foreign Service Personnel for
promotion to the grade of minister or ambassador during the period
of such assignment or for three years thereafter, nor shall such
officers be given any authority except of a purely advisory charac-
ter, over promotions, demotions, transfers, or separations from the
service of Foreign Service officers.
"SEC. 32. The Division of Foreign Service Personnel shall assem-
ble, record, and be the custodian of all available information in re-
gard to the character, ability, conduct, quality of work, industry, ex-
perience, dependability and general availability of Foreign Service
officers, including reports of inspecting officers and efficiency reports of
supervising officers. All such information shall be appraised at least
once in two years and the result of such appraisal expressed in terms
of excellent, very good, satisfactory, or unsatisfactory, accompanied
by a concise statement of the considerations upon which they are
based, shall be entered upon records to be known as the efficiency rec-
ords of the officers and shall constitute their efficiency ratings for the
period. No charges against an officer that would adversely affect his
efficiency rating or his value to the service, if true, shall be taken into
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release H90pjq /t11St F I ap-p3?21A000609P 10019-3
consideration in determining his efficiency rating except after the of-
ficer shall have had opportunity to reply thereto. The Assistant
Secretary of State supervising the Division of Foreign Service Per-
sonnel shall be responsible for keeping of accurate and impartial ef-
ficiency records of Foreign Service officers and shall take all measures
necessary to ensure their accuracy and impartiality. Not later than
November 1 at least every two years, the Division of Foreign Service
Personnel shall, under the supervision of the Assistant Secretary of
State, prepare a list in which all Foreign officers shall be graded in
accordance with their relative efficiency and value to the service. In
this list officers shall be graded as excellent, very good, satisfactory
or unsatisfactory with such further subclassification as may be found
necessary. All officers rated. satisfactory or above shall be eligible for
promotion in the order of iaerit to the minimum salary of the next
higher class.' This list shall not become effective in so far as it affects
promotion until it has been considered by the Board of Foreign Serv-
ice Personnel hereinbefore provided for and approved by the Secre-
tary of State : Provided, That this list shall not be changed before the
next succeeding list of ratings is approved except in case of extraor-
dinary or conspicuously meritorious service or serious misconduct
and any change for such reasons shall be made only after consider-
ation by the Board of Foreign Service Personnel and approval by
the Secretary of State, and tie reasons for such change when made
shall be inscribed upon the efficiency records of the officers affected.
From this list of all Foreign Service officers recommendations for
promotion shall be made in the order of their ascertained merit
within classes. Recommendations shall also be made, in order of
merit, as shown by ratings in the examinations for appointment to
the unclassified grade, with commissions also as diplomatic secretaries
and vice consuls, of those who have successfully passed the examina-
tions. All such recommendations shall be submitted to the Secretary
of State for his consideration and if he shall approve, for transmission
to the President.
"The correspondence and records of the Division of Foreign Service
Personnel shall be confidential except to the President, the Secretary
of State, the members of the Board of Foreign Service Personnel, the
Assistant Secretary of State supervising the division, and such of its
employees as may be assigned to work on such correspondence and
records.
"Snc. 33. That notwithstanding the provisions of section 10 of this
Act all Foreign Service officers having a rating of satisfactory or bet-
ter who shall have been in classes 5, 6, 7, or 8 for a continuous period
of nine months or more, shall on the first day ' of each fiscal year
receive an increase of salary of 100, except that no officer shall receive
a salary above the maximum of his class and all such officers in classes
1, 213 , or 4 shall in the same circumstances receive an increase of $200:
Provided, That the Secretary of State is authorized to fix the salaries
of Foreign Service officers in the unclassified grade within the salary
range specified in section 10 of this Act; and, within the limits of
appropriation therefor, to grant to Foreign Service officers in any class
additional promotion in salary within the salary range established for
the classes in which they are serving, based upon especially meritorious
service. Increases in salary under the terms of this section shall be
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved )For Relea~#E29 1 / ~R-QAAPtDg7 3721 A000600010019-3
paid to Foreign Service officers only as the right to such increases ac-
crues after the effective date of this Act. The President is hereby a.u-
. thorized to establish by Executive order, regulations providing for
the separation of Foreign Service officers from the Foreign Service, in
accordance with the conditions hereinafter prescribed. Foreign Serv-
ice officers so separated from the Foreign Service shall be retired from
the service, after a hearing by the Secretary of State, upon an annuity
equal to 25 per centum of his salary at the time of retirement, in the
case of officers over forty-five years of age or in the case of officers
under forty-five years of age with a bonus of one year's salary at the
time of his retirement, either annuity or one year's salary to be payable
out of the Foreign Service officers' retirement and disability fund and
except as herein provided, subject to the same provisions and limita-
tions as other annuities payable out of such funds; but no return of
contributions shall be made under paragraphs (i) or (1) of section 26
of this Act in the case of any Foreign Service officer retired under the
provisions of this section. Whenever it is determined that the eflicienY
rating of an officer is unsatisfactory, thereby meaning below the star
and required for the service and such determination has been con-
firmed by the Secretary of Sf tate, the officer shall be notified thereof,
and if, after a reasonable period to be determined by the circumstances
in each particular case, the rating of such officer continues to be found
unsatisfactory and such finding is confirmed by the Secretary of State
after a hearing accorded the officer, such officer shall be separated from
the service with the annuity or bonus provided in this section, but no
officer so separated from the service shall receive the said annuity or
bonus unless at the time of separation he shall have served at least
fifteen years. He shall, however, if he has not served at least fifteen
years have returned to him the full sum of his contribution to the an-
nuity fund, with interest thereon at 4 per centum compounded an-
nually. The benefits of this section, except at the option of the Secre-
tary of State the return of an officer's contribution to the annuity fund,
shall not be given to Foreign Service officers separated from the For-
eign Service on account of malfeasance in office.
"SEC. 34. That nothing in this Act shall be construed to reduce the
salary of any Foreign Service officer upon promotion to a higher class.
"SEC. 35. That the President is hereby authorized, whenever the
necessity for such offices with a view to effecting economies in account-
ing procedure is apparent, to prescribe certain fiscal districts or areas
and to establish within each such district as a part of the Department
of State service, a district accounting and disbursing office to exercise
control over the accounts and returns of all diplomatic missions and
consular offices within the district in such manner as the President may
direct. To each such office may be assigned the administrative ac-
counting responsibility for receipts and expenditures of the diplomatic
missions and consular offices within the district. Each district office
shall be in charge of an accountable officer, to whom all fees, and other
official monies, received by any diplomatic, consular, or Foreign Serv-
ice officer may be accounted for, under such rules and regulations as
may be prescribed by the Secretary of State, all such fees and monies,
.or the residue thereof after the payment of salaries, allowances, and
.current expenses of the diplomatic missions and consular offices within
the district, to be paid by the district accounting and disbursing officer
into the Treasury of the United States. Such district accounting and
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release,&Q(g141J s ,F07&-Q7~1A000600(A10019-3
disbursing officers accountable for the public monies may entrust
monies to other bonded officers for the purpose of having them make
disbursements as his agent, and the officer to whom the monies are
entrusted, as well as the officer who entrusts the monies to him, shall
be held pecuniarily responsible therefor to the United States. All
diplomatic, consular, or Foreign Service officers on duty within the
area covered by such district offices may be required to render accounts
of their disbursements to the officer in charge of such district office to
be included in his accounts. Said district accounting and disbursing
officers and their agents shall be bonded respectively to the United
States for the faithful performance of their duties in such penal
amounts as the President may require.
"Provided further, That the Secretary of State is authorized to
appoint such district accounting and disbursing officers and their
assistants in the same manner as clerks in diplomatic missions and
consular officers are appointed.
"Section 3622 of the Revised Statutes of the United States (U.S.C.,
title 31, sec. 496), and any other existing statutes, insofar as they
conflict with this section are hereby amended.
"SEC. 36. That all fees and other official monies received by diplo-
matic missions or consular offices or by the district accounting and
disbursing offices provided in section 35 above, may be transmitted
through the Department of State for deposit in the United States
Treasury, or may be used in payment of salaries, allowances, and cur-
rent expenses of said missions and offices, under such rules and regula-
tions as the President may from time to time prescribe; the residue,
if any, to be transmitted through the Department of State for deposit
in the United States Treasury. Section 3617 of the Revised Statutes
of the United States (U.S.C. title 31 sec. 484) is hereby amended.
"SEC. 37. That this Act shall take effect on July 1, 1931."
Approved February 23, 1931.
APPENDIX IV
PUBLIC-No. 40-76TH CONGRESS
[CHAPTER 84--1sT SESSION}
[H.R. 3655]
To amend the Act entitled "An Act for the grading and classification of clerks
in the Foreign Service of the United States of America, and providing compete-
sation therefor", approved February 23, 1931.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act en-
titled "An Act for the grading and classification of clerks in the For-
eign Service of the United States of America, and providing compen-
sation therefor", approved February 23, 1931, be, and the same is
hereby, amended as follows :
Section 3 of said Act is amended to read as follows :
"SFc. 3. That the Secretary of State is hereby authorized, at posts
where in his judgment it is required by the public interests for the
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve For Releve 2000/09/ ERICIA R[~7403721A000600010019-3
purpose of meeting the unusual or excessive costs of living ascer-
tained by him to exist, to grant compensation to clerks assigned there
in addition to the basic rates herein specified, and also to other em-
ployees in the Foreign Service of the United States who are American
citizens in addition to the basic rates of their salaries as fixed by the
Secretary of State, within such appropriations as Congress may make
for such purpose : Provided, however, That all such additional com-
pensation with the reasons therefor shall be reported to Congress with
the annual Budget."
SEC. 2. Section 10 of said Act is amended to read as follows:
"SEC. 10. (a) That the officers in the Foreign Service shall here-
after be oraded and classified as follows, with the salaries of each class,
herein affixed thereto, except as increases in salaries are authorized in
section 33 of this Act, but not exceeding in number for each class a
proportion of the total number of officers in the services represented in
the following percentage limitations :
"Ambassadors and Ministers as now or hereafter provided; For-
Service officers as follows : Class 1, 6 per centum, $9,000 to
$10,000; class 2, 7 per centum, $8,000 to $8,900; class 3, 8 per centum,
$7,000 to $7,900; class 4, 9 per centum, $6,000 to $6,900; class 5, 10
per centum, $5,000 to $5,900; class 6, 14 per centum, $1,500 to $4,900;
class 7, $4,000 to $4,400; class 8, $3,500 to $3,900; unclassified, $2,500
to $3,400: Provided, That as many Foreign Service officers above class
6 as may be required for the purpose of inspection may be detailed
by the Secretary of State for that purpose.
"(b) That any person appointed an Ambassador or a Minister by
the President by and with the advice and consent of the Senate, who
has taken his oath of office and entered upon his official duties as re-
quired by law, may be thereafter transferred in accordance with a
subsequent appointment as Ambassador or Minister by the President,
by and with the advice and consent of the Senate ? and notwithstand.-
ing the provisions of section 1740 of the Revised gtatutes, as amended
(U.S.C., title 22, sec. 121), he shall be entitled to be paid salary at the
rate prescribed by law for the Ambassador or Minister, at the post
from whihc he is transferred to the date he takes oath of office under
his now appointment, and thereafter at the rate prescribed by law for
the Ambassador or Minister at the new post, including in either case
such period as he may be necessarily in transit traveling under orders,
receiving instruction, or on authorized leave of absence, as provided
by law for officers and employees of the Foreign Service of the United
States. The taking of his oath by an Ambassador or Minister ap-
pointed to a post shall not operate to deprive the retiring Ambassa-
dor or Minister at such post of salary up to the date of his departure
therefrom, while traveling under orders, during transit to his home
in the United States and while on authorized leave of absence, as pro-
vided by the law for officers and employees of the Foreign Service of
the United States. Appropriations are hereby authorized to pay sal-
aries in such cases."
SEC. 3. Section 26 of said Act is amended to read as follows :
"SEC. 26. The President is authorized to prescribe rules and regu-
lations for the establishment of a Foreign Service retirement and dis-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release pp Q 1.i 6Eq)A RQFZO= Q 7621A00060%Q10019-3
ability system to be administered under the direction of the Secretary
Of State and in accordance with the following principles, to wit :
"(a) The Secretary of State shall submit annually a comparative
report showing all receipts and disbursements on account of refunds,
allowances, and annuities, together with the total number of persons
receiving annuities and the amounts paid them, and shall submit
annually estimates of appropriations necessary to continue this sec-
tion in full force and such appropriations are hereby authorized.
"(b) There is hereby created a special fund to be known as the
Fore' Service retirement and disability fund.
"(c) Five per centum of the basic salary of all Foreign Service
officers eligible to retirement shall be contributed to the Foreign
Service retirement and disability fund, and the Secretary of the
Treasury is directed on the date an which this Act takes effect to cause
such deductions to be made and the sums transferred on the-books
.of the Treasury Department to the credit of the Foreign Service
retirement and disability fund for the payment of annuities, refunds,
and allowances : Provided, That all basic salaries in excess 'af $10,000
uper annum shall be treated as $10,000 and any. Ambassador, Minister,
or Foreign Service officer appointed to a position in the Department
of State as provided in paragraph (n) of this section, at a lower basic
salary than he was receiving on the date of such appointment shall
be considered for all purposes of this section as continuing to draw
the higher salary and salary deductions authorized under this para-
graph shall be on that basis: And provided further, That any Foreign
Service officer 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 to exceed 10 per centum of
such basic salary, which amounts together with interest thereon at
3 per centiun per annum compounded on June 30 of each year, shall, at
the date of his retirement, be returned to him in a lump sum; or the
officer may elect to use the accumulated amount of his additional
deposits and interest to purchase an additional annuity which shall,
if he so desires, carry with it a proviso that upon his death a cash
benefit shall be paid in such amount as he may elect under regulations
to be prescribed by the President, to a beneficiary designated in
writing and filed in accordance with instructions of the Secretary of
State. The amount of such cash benefit shall not exceed the accumu-
lated amount of the officer's additional deposits with interest to the
date of retirement: Provided, however, That in lieu of such cash
benefit, the officer may direct that beginning at the time of his death
his beneficiary shall be paid a life annuity of such amount as may be
purchasable with the amount of the cash benefit and such annuity
shall provide for the guaranteed return of at least the amount of the
cash benefit. The calculation of the amount of the additional annuity
purchasable by the retired officer under the provisions of this option
shall be based upon such tables of annuity values as may from time
to time be prescribed for this purpose by the Secretary of the Treasury.
In case an officer shall become separated from the service for any rea-
son except retirement on an annuity, the amount of any additional
deposits with interest at 3 per centum per annum compounded an-
nually, made by him under the provisions of this paragraph shall be
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approves'
For Rele a QW99I 1 API&-F P1%03721 A000600010019-3
refunded in the manner provided elsewhere in this section for the
return of contributions and interest in the case of death or withdrawal
from active service. Any benefits payable to an officer, or to his bene-
ficiary, in respect to the additional deposits provided under this para-
graph, shall be in addition to the benefits otherwise provided under
this section.
"(d When any Foreign Service officer has reached the age of
sixty- 've years and rendered at least fifteen years of service he shall
be retired on an annuity computed as prescribed in paragraph (e) of
this section: Provided, That any Foreign Service officer who has
reached the age of sixty years and rendered at least thirty years of
service may be retired at his own request on the annuity computed
as prescribed under paragraph (e) of this section: Provided further,
That any officer below the age of sixty years who has rendered at
least thirty years of actual service, exclusive of extra service credits
as provided in paragraph (k) of this section, may be retired at his
own request and elect to receive either (1) a deferred annuity begin-
ning at age sixty computed as prescribed under paragraph (e) of
this section, or (2) an immediate annuity computed as prescribed
under paragraph (e) of this section, reduced by one-fourth of 1 per
centum of such annuity for each month or major fraction thereof.
between the date of his retirement and the sixtieth. anniversary of his
date of birth: And provided further, That the President may in his
discretion :retain any such officer on active duty for such period prior
to his reaching seventy years of age as he may deem for the interests
of the United States.
"(e) The annuity of a retired Foreign Service officer shall be equal.
to 2 per centum of his average annual basic salary for the ten years
next preceding the date of retirement, multiplied by the number of
years of service not exceeding thirty years : Provided, That at the
time of his retirement a Foreign Service officer, if the husband of a
wife to whom he has been married for at least five years, may elect
to receive a reduced annuity and designate his wife as his beneficiary,
to whom will be paid any portion up to two-thirds of his reduced
annuity, at the option of the officer, as long as she may live after his
death : Provided, however, That the annuity payable to the widow
shall in no case exceed 25 per centum of the officer's average annual
basic salary for the ten years next preceding the date of retirement.
If the age of the officer is less than the age of the wife or exceeds her
age by not more than eight years, the annuity of the officer will be
reduced by an amount equal to one-half the annuity which he elects
to have paid to his widow. If the age of the officer exceeds the age
of the wife by more than eight years, the annuity of the officer will
be reduced 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 each year, or fraction
thereof, that the difference in age exceeds eight : Provided further,
That a, retired officer who is receiving an annuity on the effective
date of this Act, if the husband of a wife to whom he was married
at the time of his retirement and for a total period of at least five
years, shall be entitled under the same terms and conditions set forth
above, to elect. to receive a reduced annuity, a portion of which will
be continued on his death throughout the life of his surviving widow,
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseTa9O (Mll1s, 'y FARP7 AI721A000609P10019-3
but all such elections by retired officers shall be made within six
months following the effective date of this Act, and they shall all be
effective on the same date, to be prescribed by the President : And
provided further, That no increases in annuities under this Act shall
operate retroactively and nothing in this Act shall be interpreted as
reducing the rate of the annuity received by any retired officer on the
effective date of this Act, unless the officer voluntarily elects to receive
a reduced annuity as provided herein.
"(f) In case a Foreign Service officer shall die without having
established a valid claim for annuity, the total amount of his deduc-
tions with interest thereon at 4 per centum per annum compounded
on June 30 of each year, except as provided in paragraph (c) of
this section, shall be paid upon the establishment of a valid claim
theref or in the order of precedence given under paragraph (i) of
this section: Provided, however, That if the deceased officer ren-
dered at least fifteen years of service and is survived by a, widow to
whom he was married for at least five years, such widow shall be paid
an annuity equal to the annuity which she would have been entitled to
receive if her husband had been retired on the date of his death, under
the provisions of paragraph (j) of this section, and had elected to
receive the reduced joint and survivorship annuity, under paragraph
(e) hereof, providing the maximum annuity for his widow, unless
prior to the date of his death he shall have elected, in lieu of such
widow's annuity, and with the approval of the Secretary of State, the
return of his deductions with interest as provided in the first part of
this paragraph covering officers dying without having established a
valid claim for annuity.
"(g) The Secretary of the Treasury is directed to invest from time
to time in interest-bearing securities of the United States such portions
of the Foreign Service retirement and disability fund as in his judg-
ment may not be immediately required for the payment of annuities,
refunds, and allowances, and the income derived from such invest-
ments shall constitute a part of said fund.
"(h) None of the, moneys mentioned in this section shall be assign-
able either in law or equity, or be subject to execution, levy, or attach-
ment, garnishment, or other legal process.
"(i) In case the total contributions of the retired officer, exclusive
of additional voluntary contributions made under paragraph (c) of
this section, together with interest at 4 percentum per annum com-
pounded annually up to the date at which annuity payments cease
under the terms of the annuity, exceed the annuity payments exclu-
sive of any additional annuity purchased with voluntary contributions
made under paragraph (c) hereof, accumulated at the same rate of
interest up to such date, the excess of said accumulated contributions
over said accumulated annuity payments shall be paid in the following
order of precedence, upon the establishment of a valid claim therefor:
"First, to the beneficiary or beneficiaries designated in writing by
such annuitant or Foreign Service officer and recorded in compliance
with instructions of the Secretary of State, which are hereby au-
thorized;
"Second, if there be no such beneficiary, to the duly appointed
executor or administrator of the estate of such annuitant or Foreign
Service officer ;
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvgq For Rele 2At,94jj - U ftpp7p.p3721A000600010019-3
V(P
"Third, if there be no such beneficiary, or executor or administrator,
payment may be made, after the expiration of thirty days from the
date of the death of the annuitant or Foreign Service officer, to such
person or persons as may appear in the judgment of the Secretary of
State to be legally entitled thereto, and such payment shall be a bar
to recovery by any other person.
"(j) Any Foreign Service officer who, after serving for a total
period of not less than fifteen years, becomes totally disabled for use-
ful and efficient service by reason of disease or injury not due to
vicious habits, intemperance, or willful misconduct on his part, shall,
upon his own application or upon order of the President, be retired
on an annuity under paragraph (e) of this section : Provided, however,
That in each case such disability shall be determined by the report
of a duly qualified physician or surgeon designated by the Secretary
of State to conduct the examinations: Provided further, That un-
less the disability be permanent, a like examination shall be made
annually until the annuitant has reached the retirement age as defined
in paragraph (d) of this section, and the payment of annuity shall
cease from the date of the medical examination showing recovery.
"Fees for examinations under this provision, together with reason-
able traveling and other expenses incurred in order to submit to
examination, shall be paid out of the Foreign Service retirement and
disability fund.
"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 to his legal representatives.
"(k) The President is authorized from time to time to establish,
by Executive order, 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, inclu-
sive of regular leaves of absence, of officers already retired or here-
after retired, shall be counted as one year and a half, and so on in
like proportion in reckoning the length of service for the purpose of
retirement, fractional months being considered as full months in
computing such service: Provided, however, That the President may
at any time cancel the designation of any places as unhealthful with-
out affecting any credit which has accrued for service at such posts
prior to the date of the cancellation.
"(1) Whenever a Foreign Service officer becomes separated from
the service before becoming eligible for an annuity, except under
section 33 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
paragraph (c) of this section, shall be returned to him.
"(m) The Treasury Department shall prepare the estimates of
the annual appropriations required to be made to the Foreign Service
retirement and disability fund, and shall make actuarial valuations
of such fund at intervals of five years, or oftener if deemed neces-
sary by the Secretary of the Treasury. The Secretary of State is
authorized to expend from money to the credit of the Foreign Service
retirement and disability fund an amount not exceeding $5,000 per
annum for the expenses necessary in carrying out the provisions of
this section, including actuarial advice.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release4O9WQW' Q A-RDR 8rM721A0006
010019-3
"(n) Any diplomatic secretary or consular officer who has been,
or any Foreign Service officer who may hereafter be, promoted from
the classified service to the grade of Ambassador or Minister, or
appointed to a position in the Department of State, shall be entitled
to all the benefits of this section in the same manner and under the
same conditions as Foreign Service officers : Provided, That any officer
now included under the Act of May 24, 1924, and the amendment
thereto of July 3, 1926, shall be entitled to the benefits of this section.
"(o) For the purposes of this Act the period of service shall be
computed from the date of original oath of office as diplomatic sec-
retary, consul general, consul, vice consul, deputy consul, 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 of State, or on special duty or service in another depart-
ment or establishment of the Government, but all periods of separa-
tion from the service and so much of any period of leave of absence
without pay as may exceed six months shall be excluded: Provided,
That service in the Department of State or as clerk in a mission or
consulate prior to appointment as a Foreign Service officer may be
included in the period of service, in which case the officer shall pay
into the Foreign Service retirement and disability fund a special
contribution equal to 5 per centum of his annual salary for each year
of such employment subsequent to July 1, 1924, with interest thereon
to date of payment compounded annually at 4 per centum."
SEC. 4. Section 33 of said Act is amended to read as follows:
"SEC. 33. Notwithstanding the provisions of section 10 of this Act
all Foreign Service officers having a rating of satisfactory or better
who shall have been in classes 5, 6, 7, or 8 for a continuous period of
nine months or more, shall, on the first day of each fiscal year receive
an increase of salary of $100, except that no officer shall receive a
salary above the maximum of his class and all such officers in classes
1, 2, 3, or 4 shall in the same circumstances receive an increase of $200:
Provided, That the Secretary of State is authorized to fix the salary
of Foreign Service officers in the unclassified grade within the salary
range specified in section 10 of this Act; and, within the limits of
appropriation therefor, to grant to Foreign Service officers in any
class additional promotion in salary within the salary range estab-
lished for the classes in which they are serving, based upon especially
meritorious service. Increases in salary under the terms of this sec-
tion shall be paid to Foreign Service officers only as the right to such
increases accrues after the effective date of this Act. The President
is hereby authorized to establish by Executive order, regulations pro-
d in for the separation of Foreign Service officers from the For-
eign Service, in accordance with the conditions hereinafter prescribed.
Any Foreign Se, rvice officer so separated from the Foreign Service
shall be retirefrom the Service, after a hearing by the Secretary of
State,` upon an annuity equal to 25 per centum of his salary at the
time of retirement, in the ease of an officer over forty-five years of
age; or in 'the case of an'officer Linder forty-five years of age with a
bonus of one year's salary at the time of his retirement, either annuity
or one year's salary to be payable out of the Foreign Service retire-
ment and disability fund and except as herein provided, subject to
the same provisions and limitations as, other annuities payable out of
91189-62-7
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approveg or Relea ,PA~q9fWll LAARp~F7P9qP721A000600010019-3
IrVq
such fund; but no return of contributions shall be made under para-
graph (1) of section 26 of this Act in the case of any Foreign Service
officer retired under the provisions of this section : Provided, however,
That any officer entitled to the bonus of one year's salary will receive
in lieu of such bonus the amount of his contributions and interest
under paragraph (1) of section 26 of this Act if such amount exceeds
one year's salary. Whenever it is determined that the efficiency rating
of an officer is unsatisfactory, thereby meaning below the standard
required for the service, and such determination has been confirmed
by the Secretary of State, the officer shall be notified thereof, and if,
after a reasonable period to be determined by the circumstances in
each particular case, the rating of such officer continues to be found
unsatisfactory and such finding is confirmed by the Secretary of State
after a hearing accorded the officer, such officer shall be separated
from the service with the annuity or bonus provided in this section,
but no officer so separated from the service shall receive the said
annuity or bonus unless at the time of separation he shall have served
at. least fifteen years. He shall, however, if he has not served at least
fifteen years, have returned to him the full sum of his contributions
to the annuity fund, with interest thereon at 4 per centum compounded
annually, except as provided in paragraph (pc) of section 4 of this
Act. The benefits ofthis section, except, at the option of the Secretary
of State, the return of an officer's contributions to the annuity fund,
shall not be given to Foreign Service officers separated from the
Foreign Service on account of malfeasance in office."
SEC. 5. This Act shall take effect on the first day of the calendar
month following the expiration of sixty days from the date of its
approval by the President.
Approved, April 24,1939.
APPENDIX V
[PnBLIc-No. 197-76 i CoNan ss]
[CHAPTER 330-18T SESSION]
[H.R. 68361
AN ACT
To amend the Act entitled "An Act for the grading and classification of clerks in
the Foreign Service of the United States of America, and providing compensa-
tion tion therefor", approved February 23, 1931, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That paragraph
(n) of section 26 of the Act entitled "An act for the grading and
classification of clerks in the Foreign Service of the United States
of America, and providing compensation therefor", approved Feb-
ruary 23 1931 as amended, is amended to read as follows :
"(n) Any diplomatic secretary or consular officer who has been,
or any Foreign Service officer who may hereafter be, promoted from
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release r390 / ? j1j15,&}& F a81gj721A00060 010019-3
the classified service to the grade of Ambassador or Minister, or
appointed to a position in the Department of State, shall be entitled
to all the benefits of this section in the same manner and under the
same conditions as Foreign Service officers : Provided, That any officer
now included under the Act of May 24, 1924, and the amendment
thereto of July 3, 1926 shall be entitled to the benefits of this
section : And provided /urther, That hereafter an Ambassador or
Minister, or a former Ambassador or Minister, or a person appointed
to a position in the Department of State after serving as Ambas-
sador, Minister, or Foreign Service officer, who is not otherwise
entitled to an annuity under this section and who shall have served
as such for the period mentioned in the following paragraph (1),
shall nevertheless be entitled to the benefits thereof in the same
manner and under the same conditions as Foreign Service officers, but
subject to the following terms and conditions :
"(1) Any person who has served as Ambassador or Minister, or
a person appointed to a position in the Department of State after
serving as Ambassador, Minister, or Foreign Service officer, con-
tinuously or at different times for an aggregate period of twenty
years or more, in which period may be included any periods of
service in any of the capacities and as provided in paragraph (o)
of this section, may become entitled to the benefits of this section
as hereinafter provided by . paying into the Foreign Service retire-
ment and disability fund a special contribution equal to 5 per
centum of his annual salary for each year of such employment sub-
sequent to July 1, 1924, with interest thereon to date of payment
compounded annually at 4 per centum.
"(2) Any Ambassador or Minister, or a person appointed to a
position in the Department of State after serving as Ambassador,
Minister, or Foreign Service officer, who becomes entitled to the
benefits of this section as provided in the preceding paragraph (1)
shall receive an annuity computed in accordance with paragraph
(e) of this section, including the right to voluntary retirement as
provided by paragraph (d) of this section: Provided, however,
That in case any Ambassador or Minister, or a person appointed to
a position in the Department of State after serving as Ambassador,
Minister, or Foreign Service officer, is retired from active service
at less than sixty-five years of age and with at least twenty but less
than thirty years of service, computed in accordance with this sec-
tion, and assuming that he shall have complied with the require-
ments of the law entitling him to such annuity, he shall receive an
annuity computed in accordance with paragraph (d) of this section
on the basis of the total period of service thus computed, including
extra service credits as provided in paragraph (k) of this section,
the fractional part of a month, if any, to be eliminated from such
total period of service; or if he is over sixty-five years of age (unless
he is retained in active service as provided in paragraph (d) of
this section), or not in active service, on the effective date of this
Act such annuity shall begin on the date he complies with all the
requirements of law to entitle him to such annuity."
Approved, July 19, 1939.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve For Relea 2,QQj(9/57E'~II~~~1~F7Q?g3721 A000600010019-3
APPENDIX VI
[PUBLIc-No. 277-76TrI CONGRESS]
[CHAPTER 441-1ST SESSION]
[S. 2788]
AN ACT
To amend the Act entitled "An Act for the grading and classiticatlon of clerks in
the Foreign Service of the United States of America, and providing compensa-
tion therefor", approved February 23, 1931, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That paragraph (o)
of section 26, of the Act entitled "An Act for the grading and classi-
fication of clerks in the Foreign Service of the 'United States of
America, and providing compensation therefor", approved February
2311931, as amended, is amended to read as follows :
"(o) For the purposes of this Act the period of service shall be
computed from the date of original oath of office as diplomatic secre-
tary, counsul general, consul, vice consul, deputy consul, 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 of State, or on special duty or service in another depart-
ment or establishment of the Government, but all periods of separa-
tion from the service and so much of any period of leave of absence
without pay as may exceed six months shall. be excluded : Pro-
vided, That service prior to appointment as a Foreign Service officer
as a classified or an unclassified employee in the civil service of the
United States or in the service of the District of Columbia, includ-
ing periods of service at different times and in one or more depart-
ments, branches, or independent offices, or the legislative branch of the
Government, and also periods of service performed overseas under
authority of the United States, and periods of honorable service in
the Army, Navy, Marine Corps, or Coast Guard of the United States
may be included in the period of service, in which case the officer shall
pay into the Foreign Service retirement and disability fund a special
contribution equal to 5 per centum of his annual salary for each year
of such employment subsequent to July 1 1924, with interest thereon
to date of payment compounded annually at 4 per centum and all
such officers within the purview of this provision may elect to make
such deposits in installments during the continuance of their serv-
ice in such amounts and under such conditions as may be determined
in each instance by the Secretary of State; but in the case of a Foreign
Service officer who is eligible for and elects to receive a pension under
any law, or retired pay on account of military or naval service, or
compensation under the War Risk Insurance Act, the period of his
military or naval service upon which such pension, retired pay, or
compensation is based shall not be included, but nothing in this Act
shall be so construed as to affect in any manner his right to a pen-
Sion, or to retired pay, or to compensation under the War Risk in-
surance Act in addition to the annuity herein provided."
Approved, August 5, 1939.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/1 s]tRg)6$-R(PP~,81g~~721A0006QQ010019-3
THM
APPENDIX 'VII
[PUBLIo--No. 464-46TH CONGRESS]
[CHAPTER 118-3D SESSION]
[H.R. 8446-]
AN ACT
To amend the Act entitled "An Act for the grading and classification of clerks
in the Foreign Service of the United States of America, and providing com-
pensation therefor", approved February 23, 1931, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act en-
titled "An Act for the grading and classification of clerks in the For-
eign Service of the United States of America, and providing com-
pensation therefor", approved February 23, 1931, as amended, be,
and the same is hereby, amended as follows : Section 26(e) of said
Act, as amended by the Act of April 24, 1939, is amended to read
as follows :
"(e) The annuity of a retired Foreign Service officer shall
be equal to 2 per centum of his average annual basic salary
for the ten years next preceding the date of retirement, mul-
tiplied by the number of years of service not exceeding thirty
years and in determining the aggregate period of service upon
which the annuity is to be based, the fractional part of a month,
if any, in the total service shall be eliminated: Provided, That
at the time of his retirement a Foreign Service officer, if the
husband of a wife to whom he has been married for at least
five years, may elect to receive a reduced annuity and designate
his wife as his beneficiary, to whom will be paid any portion
up to two-thirds of his reduced annuity at the option of the
officer as long as she may live after his death : Provided, how-
ever, hat the annuity payable to the widow shall in no case
exceed 25 per centum of the officer's average annual basic salary
for the ten years next preceding the date of retirement. If the
age of the officer is less than the age of the wife or exceeds her
age by not more than eight years, the annuity of the officer will
be reduced by an amount equal to one-half the annuity which he
elects to have paid to his widow. If the age of the officer exceeds
the age of the wife by more than eight years, the annuity of the
officer will be reduced by an amount equal to one-half the an-
nuity which he elects to have paid to his widow plus an addi-
tional reduction equal to 2 per centum of such widow's annuity
for each year, or fraction thereof, that the difference in age ex-
ceeds eight : Provided further, That the officer may at his option
also elect to have his annuity reduced by an additional 5 per
centurn of the amount which he elects to have paid to his widow,
with a provision that, from and after the death of his wife, if the
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approveq,[For Relea 99RO~(I( 9/~~RvrgIA RDP78 03721A000600010019-3
officer shall survive her, the annuity payable to the officer shall be
that amount which would have been payable if no option had been
elected: Provided further, That a retired officer who is receiving
an annuity on the effective date of this Act, if the husband of a
wife to whom he was married at the time of his retirement and
for a total period of at least five years, shall be entitled under the
same terms and conditions set forth above, to elect to receive a
reduced annuity, a portion of which will be continued on his death
throughout the life of his surviving widow, but all such elections
by retired officers shall be made within six months following the
effective date of this Act, and they shall all be effective on the
same date, to be. prescribed by the President : And provided fur-
ther, That no increases in annuities under this Act shall operate
retroactively and nothing in this Act shall be interpreted as re-
ducing the rate of the annuity received by any retired officer on
the effective date of this Act, unless the officer voluntarily elects
to receive a reduced annuity as provided herein."
SEc. 2. The provisions of section 1 of this Act shall be construed
and interpreted in every respect as having been in effect on and
after July 1, 1939 (the effective date of the Act of April 24 1939,
which it amends), and, accordingly, any retired officer is hereby
authorized to avail himself of the benefits of these provisions, as
follows :
(a) A retired officer who elected to receive a reduced annuity and
a life annuity payable to his surviving widow as provided in section
26 (e) of the Act of February 23, 1931, as amended by the Act of
April 24, 1939, is hereby authorized, within six month, of the effective
date of this Act, to amend such election in accordance with the addi-
tional provisions of the aforesaid section 26(e) as established by
section 1 of this Act and to change the amount thereof within the
limitations established by these provisions: Provided, That such an
amended election shall be effective on the first day of the calendar
month in which the application is filed, except where the wife of
such an officer has died since September 1, 1939, the date heretofore
fixed in accordance with law as the effective date for such elections,
such amended election shall be considered effective as of the latter
date.
(b) A retired officer who did not elect to receive a reduced annuity
and a life annuity payable to his surviving widow, as provided in
section 26(e) of the Act of February 23, 1931, as amended by the
Act of April 24, 1939, is hereby authorized, within six months of the
effective date of this Act to make such an election, but. only in accord-
ance with the additional provisions of the aforesaid section 26(e)
as provided in section 2 of this Act: Provided, That such an election
shall be effective on the first day of the calendar month in which the
application is filed.
Ec. 3. This Act shall take effect on the 1st day of the calendar
month following the date of its approval by the President.
Approved, April 20, 1940.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 0 4Q 1 sEGIAEF 7,p-Qgg21A000609910019-3
APPENDIX VIII
[PUBLIC LAW 17-77TH CONGRESS]
`CHAPTER 20-1ST SESSION
[H.R. 32971
AN ACT
To amend the first paragraph of section 22 of the Act of February 23, 1931
(46 Stat. 1210).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first para-
graph of section 22 of the Act of February 23, 1931 (22 U.S.C. 17),
be and the same is hereby, amended to read as follows :
I`SEC. 22. That the Secretary of State is authorized whenever he
deems it to be in the public interest, to order to the United States on
his statutory leave of absence any Foreign Service officer or American
employee who has performed three years or more of continuous serv-
ice abroad : Provided, That the expenses of transportation and sub-
sistence of such officers and employees and their immediate families,
in traveling from their posts to their homes in the United States and
return, shall be paid under the same rules and regulations applicable
in the case of officers and employees going to and returning from their
posts under orders of the Secretary of State when not on leave.: And
provided further, That while in the United States the services of such
officers and employees shall be available for trade conference work or
for such duties in the Department of State as the Secretary of State
may prescribe, but the time of such work or duties shall not be counted
as leave."
Approved, March 17,1941.
APPENDIX IX
[PUBLIC LAW 69-77TII CONGRESS
[CHAPTER 115-1ST SESSION]
[8.11231
AN ACT
To amend the Act entitled "An Act for the grading and classification of clerks
in the Foreign Service of the United States of America, and providing com-
pensation therefor", approved February 23, 1931, as amended.
Be it enacted by the Senate and House of Representatives of the
United States o f America in Congress assembled, That section 26 (d)
of the Act entitled "An Act for the grading and classification of
clerks in the Foreign Service of the United 'tates of America, and
providing compensation therefor", approved February 23, 1931, as
amended by the Act of April 24, 1939, be, and the same is hereby,
amended as follows :
"(d) When any Foreign Service officer has reached the age of
sixty-five years and rendered at least fifteen years of service he shall
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approv i For Releas
THE e 2000/09/11 -
ofcqIpcfR' 7984P3721A000600010019-3
be retired on an annuity computed as prescribed in paragraph (e)
of this section : Provided, That any Foreign Service officer who has
reached the age of fifty years and rendered at least thirty years of
service may, in the discretion of the Secretary of State, be retired on
an annuity computed as prescribed under paragraph (e) of this sec-
tion; or if any Foreign Service officer has reached the age of fifty
years and has rendered at least fifteen but less than thirty years of
actual service, exclusive of extra service credit as provided in para-
graph (k) of this section, he may, at the instance of the Secretary
of State, be retired on an annuity based on such actual'period of
service: And provided further, That the President may in his discre-
tion retain any Foreign Service officer on active duty for such period
prior to his reaching seventy years of age as he may deem for the
interests of the United States."
SEc. 2. This Act shall take effect on the first day of the calendar
month following the expiration of sixty days from the date of its
ap roval by the President.
Approved, May 13, 1941.
APPENDIX X
[PUBLIC LAW 48-79TH CONGRESS]
[CHAPTER 105-1ST SESSION]
[H.R. 6891
AN ACT
To enable the Department of State, pursuant to its responsibilities under the
Constitution and statutes of the United States, more effectively to carry out
its prescribed and traditional responsibilities in the foreign field ; to strengthen
the Foreign Service permitting fullest utilization of available personnel and
facilities of other departments and agencies and coordination of activities
abroad of the United States under a Foreign Service for the United States
unified under the guidance of the Department of State.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. It is the purpose of the Congress to enable the Depart-
ment of State, pursuant to its responsibilities under the Constitution
and statutes of the United States, more effectively to carry out its
prescribed and traditional responsibilities in the foreign field; to
strengthen the Foreign Service permitting fullest utilization of avail-
able personnel and facilities of other departments and agencies and
coordination of activities abroad of the United States under a Forei?;n
Service for the United States unified under the guidance of the
Department of State.
SEC. 2. That section 1 of the Act entitled "An Act for the grading
and classification of clerks in the Foreign Service of the United States
of America, and providing compensation therefor", as amended, is
hereby amended to read as follows :
"SECTION 1. The administrative, fiscal, and clerical personnel of
the Foreign. Service of the United States of America shall be graded
and classified as follows, and shall receive, within the limitation of
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseaQg919 IERqA-RPP 8,94V21A00060, 010019-3
such appropriations as the Congress may make, the basic compensa-
tion specified, and shall, within the salary range indicated, be entitled
to administrative promotions in compensation which shall be made
in accordance with the laws prescribing promotion of civil service
personnel as respects the administrative groups and under such rules
and regulations as the Secretary of State may prescribe for senior
and junior clerks;
"Administrative officers: Class I, $4,600 to $5,600; class II, $3,800
to $4,600; class III, $3,500 to $4,100.
"Administrative assistants: Class I, $3,200 to $3;800; class IT, $2,900
to $3,500; class III, $2,600 to $3,200.
"Clerks: Class I, senior clerks, $2,300 to $2,900; class II, junior
clerks, all clerks whose compensation as fixed by the Secretary of
State is less than $2,300 per annum."
SEC. 3. That section 3 of the Act of February 23, 1931, as amended,
is amended to read as follows :
"SEC. 3. The Secretary of State is hereby authorized to grant at
all posts, allowances for living quarters, heat, light, fuel, gas, and
electricity, and at posts where in his judgment it is required by the
public interests for the purpose of meeting the unusual or excessive
costs of living ascertained by him to exist, to grant post allowances
to clerks assigned there and also to other employees of the Foreign
Service of the United States who are American citizens, within such
appropriations as Congress may make for said purpose: Provided,
That all such allowances shall be accounted for to the Secretary of
State in such manner and under such rules and regulations as the
President may prescribe, and the authorization and approval of such
expenditures by the Secretary of State as complying with such rules
and regulations shall be binding upon all officers of the Government :
Provided, however, That all such allowances and the reasons therefor
shall be reported to the Congress with the annual budget."
SEC. 4. That paragraph (a) of section 10 of the Act of February
23, 1931, as amended, is hereby amended to read:
"SEC. 10. (a) The officers in the Foreign Service of the United
States shall hereafter be graded and classified as follows, with the
salaries of each class herein affixed thereto, except as increases in
salaries are authorized in section 33 of this Act :
"Ambassadors and Ministers, as now or hereafter provided; For-
p n Service officers as follows: Class I, $9,000 to $10,000; class II,
000 to $8,900; class III, $7,000 to $7,900; class IV, $6,000 to $6,900;
class V, $5,000 to $5,900; class VI, $4,500 to $4,900; class VII, $4,000
to $4,400; class VIII, $3,500 to $3,900; unclassified, $2,500 to $3,400:
Provided, however, That as many Foreign Service officers above class
VI as may be required for purposes of inspection may be detailed by
the Secretary of State for that purpose."
SEC. 5. That section 10 of the Act of February 23, 1931, is further
amended by adding at the end thereof the following new paragraph
(c)
"SEC. 10. (c) The Secretary of State is hereby authorized to assign
for special duty as officers of the Foreign Service for nonconsecutive
periods of not more than four years, qualified persons holding posi-
tions in the Department of State, and, at his request, qualified per-
sons holding positions in any other department or agency of the
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approveg For Relea 2 M/I&~, &tgDP74-a3721A000600010019-3
United States who have rendered not less than five years of Govern-
ment service, and persons so assigned shall be eligible during the
periods of such assignment to receive the allowances authorized by
the provisions of section 19 of this Act. Persons assigned under
the authority of this section shall be eligible to receive all benefits
provided by civil-service law and regulation in the same manner and
subject to the same conditions as though they were serving in their
regular civil-service positions and upon termination of their assign-
ment shall be reinstated in the respective department or agency from
which loaned. The salaries and allowances of such persons shall
notwithstanding the provisions of any other law, be paid throughout
the periods of such assignments from the appropriations provided
for the Department of State."
SEC. 6. Section 14 of the Act of February 23, 1931, is amended to
read as follows :
`'`SEC. 14. That the Secretary of State is directed to report from
time to time to the President, along with his recommendations, the
names of those Foreign Service officers who by reason of efficient
service have demonstrated special capacity for promotion to the grade
of minister or ambassador and the names of those Foreign Service
officers and clerks and officers and employees in the Department of
State who by reason of efficient service, an accurate record of which
shall be kept in the Department of State, have demonstrated special
efficiency, and also the names of persons found upon taking the pre-
scribed examination to have fitness for appointment to the Service,
and any Foreign Service officers who may hereafter be promoted to a
higher class within the classification prescribed in section 10 of this
Act, as amended, shall have the status and receive the compensation
attaching to such higher class from the date stated in his commission,
as the effective date of his promotion to such higher class."
SEC. 7. Section 16 of the Act of February 23, 1931, is amended to
read as follows :
"SEC. 16. That every secretary, consul general, consul, vice consul,
or Foreign Service officer and, if required, any other officer or ein-
ployee of the Foreign Service or of the Department of State before
he enters upon the duties of his office shall give to the United States
a bond in such form and in such penal sum as the Secretary of State
shall prescribe, with such sureties as the Secretary of State shall
approve, conditioned without division of penalty for the true and
faithful performance of his duties, including (but not by way of
limitation) certifying vouchers for payment, accounting for, paying
over, and delivering up of all fees, moneys, goods, effects, books,
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 officer or employee, and such bond shall be con-
strued to be conditioned for the true and faithful performance of all
official duties of whatever character now or hereafter lawfully im-
posed upon him, or by him assumed incident to his employment as an
officer or employee of the Government : Provided, That. notwithstand-
ing any other provisions of law, upon approval of any bond given
pursuant to this Act, the principal shall not be required to give an-
other separate bond conditioned for the true and faithful performance
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releas a09 Q9 11ERJ RDP a 721 A000609010019-3
of only a part of the duties for which the bond given pursuant to this
Act is conditioned : Provided further, That the operation of no exist-
ing bond of a Foreign Service officer or vice consul shall in any way
be impaired by the provisions of sections 1-23, 23f-231, title 22, of the
United States Code : Provided further, That the bond of a Foreign
Service officer shall be construed to be conditioned for the true and
faithful performance of all acts :of such officer incident to his office
regardless of whether commissioned as diplomatic, consular, or For-
eign Service officer. The bonds herein mentioned shall be deposited
with the Secretary of the Treasury: Provided further, That 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."
SEC. S. Section 19 of the Act of February 23, 1931, is amended to
read as follows :
"SEc. 19. Under such regulations as the President may prescribe
and within the limitations of such appropriations as may be made
therefor, which appropriations are authorized, ambassadors, minis-
ters, diplomatic, consular and Foreign Service officers may be granted
allowances for living quarters, heat, light, fuel, gas, and electricity;
for representation; and also post allowances wherever the cost of liv-
ing may be proportionately so high that in the opinion of the Sec-
retary of State such allowances are necessary to enable such diplo-
matic, consular, and Foreign Service officers to carry on their work
efficiently : Provided, That all such allowances shall be accounted for
to the Secretary of State in such manner and under such rules and
regulations as the President may prescribe and the authorization and
approval of such expenditures by the Secretary of State as comply-
ing with such rules and regulations shall be binding upon all officers
of the Government : Provided further, That the Secretary of State
shall report all such expenditures annually to the Congress with the
Budget estimates of the Department of State."
SEC. 9. Section 21 of the Act of February 23, 1931, is amended to
read as follows :
"SEC. 21. That any Foreign Service officer may be assigned for
duty in the Department of State or in any department or agency of
the Government in the discretion of the Secretary of State without
loss of class or salary, such assignment to be for a period of not more
than three years unless the public interest demands further service,
when such assignment may be extended for a period not to exceed
one year, upon completion of which four-year assignment and reas-
signment to the field, he may not again be assigned for duty in
the Department of State or in any other department or agency of
the Government until the expiration of at least three years of field
duty. Any ambassador or minister, or any Foreign Service officer
of whatever class, detailed for duty in connection with trade confer-
ences, or international gatherings, congresses, or conferences, or for
other special duty not at his post or the Department of State, except
temporarily for purposes of consultation, shall, be paid his salary and
ex enses of travel and subsistence at the rates precribed by law.'
EC. 10. Section 31 of the Act of February 23, 1931, is amended to
read as follows :
"SEC. 31. There shall be in the Department of State a Board of
Foreign Service Personnel for the Foreign Service, whose duty it
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approveq)~or Relea ggVPG92J' ER~,C A RDo 78 03721A000600010019-3
shall be to recommend promotions in the Foreign Service and to fur-
nish the Secretary of State with lists of Foreign Service officers who
have demonstrated special capacity for promotion to the grade of
Minister or Ambassador. The Board shall be composed of not more
than three Assistant Secretaries of State, one of whom shall be the
Assistant Secretary of State having supervision over the Division of
Foreign Service Personnel and who shall be Chairman, an officer of
the Department of Commerce designated by the Secretary of Com-
merce and acceptable to the Secretary of State, and an officer of the
Department of Agriculture designated by the Secretary of Agricul-
ture and acceptable to the Secretary of State. The officer of the De-
partment of Commerce shall sit as a member of the Board only when
nominations and assignments of commercial attaches, the selection or
assignment of Foreign Service officers for specialized training in com-
mercial work or other matters of interest to the Department of Coin-
merce are under consideration; the officer of the Department of Agri-
culture shall sit as a member of the Board only when nominations and
assignments of agricultural attaches, the selection or assignment of
Foreign Service officers for specialized training in agricultural work
or other matters of interest to the Department of Agriculture are under
consideration. The Chief of the Division of Foreign Service Per-
sonnel of the Department of State and one other member of that Di-
vision may attend the meetings of the Board and one of them shall
act as secretary but they shall not be entitled to vote at its proceedings.
No Foreign Service officer below class I shall. be assigned as Chief of
the Division of Foreign Service Personnel, nor shall such officer be
given any authority except of a purely advisory character over pro-
motions, demotions, transfers, or separations from the service of For-
eign Service officers. The Director of the Office of the Foreign Service
shall be assigned from among officers of the Foreign Service, but no
Foreign Service officer below class I shall be so assigned."
SEC. 11. Revised Statutes 1699, 1700, and 1701 are hereby repealed.
SEC. 12. Section 7 of the Act of February 5, 1915 (38 Stat. 807), re-
stricting the transaction of business by diplomatic officers, shall apply,
with the exception of consular agents, to all officers and employees of
the Foreign Service.
Approved May 3, 1945.
APPENDIX XI
[PUBLIC LAW 488-79TIl CONORESS]
[CHAPTER 539-2D SESSION
[H.R. 5244]
To authorize the appointment of additional Foreign Service officers
in the classified grades.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President
is authorized under the provisions of this Act to appoint, by and
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseeRQQ 9 1shGI&RUPai84Z21A00060010019-3
with the advice and consent of the Senate, not to exceed two hundred
and fifty persons to positions as Foreign Service officers. Each such
appointment shall be by commission to a classified grade and shall be
in addition to all other appointments of Foreign Service officers.
Snc. 2. A person appointed under this Act may, under such regu-
lations as the Board of Foreign Service Personnel for the Foreign
Service may prescribe, be commissioned as a Foreign Service officer
of any classified grade, depending upon his age, experience, and
ability. Upon appointment, any such Foreign Service officer shall
receive the lowest basic salary of the. classified grade to which he, or
she is appointed.
SEc. 3. No person shall be eligible for appointment as a Foreign
Service officer under this Act unless he or she-
(a) is an American citizen and has been such at least fifteen
years ; and
(b) has served (1) in the active military or naval service of the
United States on or after September 16, 1940, and has been sepa-
rated or released therefrom under honorable conditions after
active service of ninety days or more, or by reason of an injury
or disability incurred in service in line of duty, or (2) in the
merchant marine as such service is defined by section 1 of the Act
of June 23, 1943 (57 Stat. 162; 50 U.S.C. 1471), or (3) since
December 7, 1941, for not less than two years in a position or
positions of responsibility as an officer or employee of the legis-
lative, executive, or judicial branches of the United States Gov-
ernment, or of any corporation, wholly or partly owned by the
United States, which is an instrumentality of the United States,
whose service and experience can qualify him or her as a Foreign
Service officer; and
(c) has been designated by the 'Secretary of State as a candi-
date for examination for appointment as a Foreign Service officer
and has passed such examination as the Secretary may prescribe;
and
(d) was at least thirty-one years of age at the time of ap-
plication.
SE, c. 4. No appointment under this Act shall be made after the
expiration of two years after the date of enactment of this Act.
SEC. 5. The second paragraph of section 32 of the Act entitled
"An Act for the reorganization and improvement of the Foreign
Service of the United States, and for other purposes", approved May
24, 1924 (46 Stat. 1214), as amended, is amended to read as follows:
"The correspondence and records of the Division of Foreign Service
Personnel shall be confidential except to the President, the Secretary
of State, and members of the Board of Foreign ,Service Personnel, the
Assistant Secretary of State supervising the division, the legislative
and appropriations committees of the Congress charged with legis-
lating for and appropriating for the Department of State, or repre-
sentatives duly authorized by such committees, and such employees
of the Department of State as may be assigned to work on such
correspondence and records."
Approved July 3,1946.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApproveMor Release 2000/09/ 1 : CIA RDo 78 03721A000600010019-3
APPENDIX XII
[PUBLIC LAW 724-79TH CONGRESS]
[CHAPTER 057-2D SESSION]
[H.R. 6967]
AN ACT
To improve, strengthen, and expand theForeign 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;
(5) to provide the 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 z
(6) to provide for the temporary appointment or assignment
to the Foreign Service of representative and outstanding citi-
zens of the United States possessing special skills and abilities;
(7) to provide salaries, allowances, and benefits that will per-
mit the Foreign Service to draw its personnel from all walks of
American life and to appoint persons to the highest positions in
the Service solely on the basis of their demonstrated ability;
(8) to provide a flexible and comprehensive framework for the
direction of the Foreign Service in accordance with modern prac-
tices in public administration; and
(9) to codify into one Act all provisions of law relating to the
administration of the Foreign Service.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 0912P/ SE -RPg7@-9W621A0006q
10019-3
PART C-DEFINITIONS
SEc. 121. When used in this Act, the term-
(1) "Service" means the Foreign Service of the United States;
(2) "Secretary" means the Secretary of State;
3 "Department" means the Department of State;
(4) "Government agency" means any executive department, board,
bureau, commission, or other agency in the executive branch of the
Federal Government, or any corporation wholly owned (either di-
rectl or through one or more corporations) by the United States;
(5)) "Government" means the Government of the United States of
America;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" means all areas not included in the continental
United States as defined in paragraph (6) of this section;
(8) "Principal officer" means the officer in charge of an 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 States, or any person assigned under the terms of this Act to
be minister resident, charge d'affaires, commissioner, or diplomatic
agent.
TITLE II-GOVERNING BODIES FOR THE DIRECTION
OF THE SERVICE
SEc. 201. The Service shall be administered by a Director General
of the Foreign Service, hereinafter referred to as the Director Gen-
eral, who shall be appointed by the Secretary from among Foreign
Service officers in the class of career minister or in class 1. Under
the general supervision of the Secretary and the Assistant Secretary
of State in charge of the administration of the Department, the Di-
rector General shall, in addition to administering the Service and
performing the duties specifically vested in him by this or any other
Act, coordinate the activities of the Service with the needs of the
Department and of other Government agencies and direct the per-
formance by officers and employees of the Service of the duties im-
posed on them by the terms of any law or by any order or regulation
issued pursuant to law or by any international agreement to which
the United States is a party.
SEc. 202. The Director General shall be assisted by a Deputy Direc-
tor General of the Foreign Service, hereinafter referred to as the
Deputy Director General, who shall be appointed by the Secretary.
If he is a Foreign Service officer, he shall be selected from among of
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvddfor Releas2 ,,Q109/4.IiGlAdtUP78403721A000600010019-3
cers in the class of career minister or in class 1. The Deputy Director
General shall act in the place of the Director General in the event of
his absence or incapacity.
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
department 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.
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.
TITLE III-DUTIES
PART A-GENERAL DUTIES
COMPLIANCE WITH TERMS OF STATUTES, INTERNATIONAL AGREEMENTS
AND EXECUTIVE ORDERS
SEC. 301. Officers and employees of the Service shall, under the
direction of the Secretary, represent abroad the interests of the United
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaserRP0 M111SE&IWRpP7,$ 721A00069 910019-3
States and shall perform the duties and comply with the obligations
resulting from the nature. of their appointments or assignments or
imposed on them by the terms of any law or by any order or 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 P'RESCRUM, REGULATIONS
SEC. 303. In cases where authority to prescribe regulations relating
to the Service or the duties and obligations of officers and employees
of the Service is specifically vested in the President by the terms of
this or any other Act, the President may, nevertheless, authorize the
Secretary to prescribe such regulations.
PART B-SERVICES FOR GOVERNMENT AGENCIES AND OTHER
ESTABLISHMENTS OF THEE 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 Department, request their services.
TITLE IV-CATEGORIES AND SALARIES OF
PERSONNEL
PART A-CATEGORIES OF PERSONNEL
SEC. 401. The personnel of the Service shall consist of the follow-
ing categories of officers and employees :
(1) Chiefs of mission, who shall be appointed or assigned in
accordance with the provisions of section 501;
(2) Foreign Service officers, who shall be appointed in accordance
with section 511 including those serving as chiefs of mission;
(3) Foreign ?ervice Reserve officers, who shall be assigned to the
Service on a temporary basis from Government agencies or appointed
on a temporary basis from outside the Government in accordance
with the provisions of section 522, in order to make available to the
Service such specialized skills as may from time to time be required;
(4) Foreign Service staff officers and employees, who shall be ap-
pointed 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-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approver' Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946
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.
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, $25,000 per annum; class 2, $20,000; class 3,
$17,500; and class 4, $15,000.
SEC. 412. There shall be seven classes of Foreign Service officers,
including the class of career minister. The per annum salary of a
career minister shall be $13,500. The per annum salaries of Foreign
Service officers within each of the other classes shall be as follows:
Class 1, $12,000,$12,400,$12,800,$13,200,$13,500;
Class 2, $10,000, $10,350, $10,700, $11,050, $11,400, $11,750,
$11,900;
Class 3, $8,000, $8,300, $8,600, $8,900, $9,200, $9,500., $9,800,
$9,900;
Class 4, $6,000, $6,300, $6,600, $6,900, $7,200, $7,500, $7,800,
$7,900;
Class 5, $4,500, $4,700, $4,900, $5,100, $5,300, $5,500, $5,700,
$5,900;
Class 6, $3,300, $3,500, $3,700, $3,900, $4,100, $4,300, $4,400.
SEC. 413. (a) A person appointed as a Foreign Service officer
of class 6 shall receive salary at that one of the rates provided for
that class by section 412 which the Secretary shall, taking into con-
sideration his age, qualifications, and experience, determine to be
appropriate for him to receive.
(b) A person appointed as a Foreign Service officer of classes
1 through 5, inclusive, shall receive salary at the minimum rate pro-
vided for the class to which he has been appointed.
SEC. 414. (a) There shall be six classes of Foreign Service Reserve
officers, referred to hereafter as Reserve officers, which classes shall
correspond to classes 1 to 6 of Foreign Service officers.
(b) A Reserve officer shall receive salary at any one of the rates
provided for the class to which he is appointed or assigned in accord-
ance with the provisions of section 523.
(c) 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 as a Reserve officer.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721 A000649910019-3
THE FOREIGN SERVICE ACT OF 1946
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 415. There shall be twenty-two classes of Foreign Service staff
officers and employees, referred to hereafter as staff officers and em-
ployees. The per annum rates of salary of staff officers and employees
within each.cla.ss shall be as follows :
Class 1, $8,820, $9,120, $9,420, $9,720, $10,000;
Class 2,$8,100,$8,340,$8,580,$8,820,$9,120;
Class 3, $7,380, $7,620, $7,860, $8,100, $8,340;
Class 4, $6,660, $6,900, $7,140, $7,380, $7,620;
Class 5,$6,120,$6,300,$6,480,$6,660,$6,900,$7,140;
Class 6, $5,580, $5,760, $5,940, $6,120, $6,300, $6,480;
Class 7,$5,040,$5,220,$5,400,$5,580,$5,760,$5,940;
Class 81$ 15001$45680,$4,860,$5,040,$5,220,$5,400;
Class 9,$ 960,$4,140,$4,320,$4,500,$4,680,$4,860;
Class 10, $3,600, 31720,$3,840,$3,0,60,$4,140,$4,320,$4,500;
Class 11, $3,240,$3,360,$3,480,$3,600,$3,720,$3,840,$3,960;
Class 12,$2,880,$9,000,$3,120, $3,240,$3,360,$3,480,$3,600;
Class 13,$2,520,$2,640,$2,760,$2,880,$3,000,$3,120,$3,240;
Class 14,$2,160,$2,280,$2,400,$2,520,$2,640,$2,760,$2,880;
Class 15,$1,980,$2,040,$2,100,$2,160,$2,280,,$2,400,$2,520;
Class 16,$1,800,$1,860,$1,920,$1,980,$2,040,$2,100,$2,160;
Class 17,$1,620,$1,680,$1,740,$1,800,$1,860.,$1,920,$1,980;
Class 18, $1,440,$1,500,$1,560,$1,620,$1,680,$1,740,$1,800;
Class 19, $1,260, $1,320, $1,380, $1,440, $1,500, $1,560 $1,620;
Class 20, $1,080, $1,140, $1,200, $1,260, $1,320, $1,380, 1,440 ;
Class 21, $900, $960, $1'020,$1,()80,$1,140,$1,200,$1,260;
Class 22, $720, $780, $840, $900, $960, $1,020, $1,080.
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 provided for the class to which
appointed except as otherwise provided in accordance with the
provisions of part E of this title.
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, notwithstanding
the provisions of any other law, be payable on a weekly or biweekly
basis. When a one- or two-week pay period of such a clerk or employee
begins in one fiscal year and ends in another, the gross amount of the
earnings for such pay period may be regarded as a charge against the
appropriation or allotment current at the end of such pay period.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve for Relea 2 p/1)RSIRJAA-ROP71~493721A000600010019-3
SALARIES OF CONSULAR AGENTS
SEC. 418. The salary or compensation of a consular agent shall be
fixed byy 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 au-
thorized 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 maybe 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, but no chief of mission shall be entitled
to receive salary while absent from his post whenever the Secretary
shall find that such absence was without authorization or justification.
If a chief of mission in one position is appointed as chief of mission
in another position, he shall be entitled to receive the salary pertain-
ing to the new position commencing on the effective date of the new
appointment.
(b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until
he has relinquished charge of the mission and has rendered such addi-
tional services to the Department as the Secretary may require him to
render in the interests of the Government for a period not in excess of
thirty days, exclusive of time spent in transit.
(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
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseAQ0p~p~1-9)&RAIPaP-g34721A0006q 10019-3
officer, compensation equal to the difference, if any, between such
salary and the salary of the position to which he is appointed or
assigned.
SEC. 432. (a) Under such regulations as the Secretary may pre
scribe, any officer or employee appointed to the Service may be en-
titled 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 the termination of
time spent on authorized leave, whichever shall be later, but no such
officer or employee shall be entitled to receive salary while absent from
his post whenever the Secretary shall find that such absence was with-
out 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 appoint-
ment 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 promoted 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 he is promoted from the effective date of his
a pointment to such class until the end of the next session. If the
Senate should reject or fail to confirm the promotion of such an
officer during the session following the date of his promotion, the
Foreign Service officer shall, unless he has become liable to sepa-
ration in accordance with the provisions of section 633 or 634, 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 nomi-
nation, 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.
CLASSIFICATION OF POSITIONS IN TIIE FOREIGN SERVICE
SEC. 441. Under such regulations as he may prescribe, the Secre-
tary shall classify all positions in the Service, including those posi-
tions 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.
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
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApprovetbFor Release 2& 9itlvicCI" P7dl43721A000600010019-3
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 subclasses.
SEC. 443. Whenever the President shall find and declare that the
rates of salary provided for Foreign Service staff officers and
employees in section 415 are inadequate for any positions allocated
to any particular class or subclass, he may, under such regulations
as he may prescribe, establish necessary schedules of differentials in
the rates of salary prescribed for such classes or subclasses, but the
differential in salary of a person holding any such position shall not
exceed 25 per centum of the salary he would otherwise receive. Such
differentials shall be granted only with respect to positions at pposts
at which extraordinarily difficult living conditions of excessive physi-
cal hardship prevail or at which notably unhealthful conditions exist.
The Secretary shall prepare and maintain a list of such posts.
S:so. 444. (a) Upon the basis of the cla.sification 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 positons of alien clerks and employees 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
scales and standards of living, occupying positions of equal responsi-
bility, shall receive equal pay except as there may be increases pro-
vided for length of service in accordance with uniform procedures.
SEc. 445. Upon the basis of the classification provided for in sec-
tion 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.
Src. 446. Title II of the-Act, of November 26, 1940, entitled "An
Act extending the classified executive Civil Service of the United
States" (54 Stat. 1212; 5 U.S.C. 681), is hereby further amended by
deleting paragraph (vii) of section 3(d) and by substituting in lieu
of the present language of paragraph (vi) of section 3(d) the follow-
ing language : "Offices or positions of officers and employees of the
Foreign Services".
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 21001091&1 aBC4A 178-Q ,762lA0006CiQQ10019-3
TITLE V-APPOINTMENTS AND ASSIGNMENTS
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 ministers.
(b) The President may', in his discretion, assign any Foreign
Service officer to serve as minister resident, charge d'affaires, commis-
sioner, or diplomatic agent for such period as the public interest may
require.
LISTS OF FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS
OR CHIEFS OF MISSION TO BE FURNISHED TO TIIE 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 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.
(b) The Secretary shall also on the basis of recommendations made
by the Board of the Foreign ~ervice, 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
PART B-FOREIGN SERVICE OFFICERS
APPOINTMENTS
SEC. 511. The President shall appoint Foreign Service officers by
and with the advice and consent of the Senate. All appointments of
Foreign Service officers shall be by appointment to a class and not
to a particular post.
COMMISSIONS
SEC. 512. Foreign Service officers may be commissioned as diplo-
matic or consular officers or both and all official acts of such officers
while serving under diplomatic or consular commissions shall be per-
formed under their respective commissions as diplomatic or consular
officers.
LIMITS OF CONSULAR DISTRICTS
SEC. 513. The Secretary shall define the limits of consular districts.
ASSIGNMENTS AND TRANSFERS
SEC. 514. A Foreign Service officer, commissioned as a diplomatic
or consular officer, may be assigned by the Secretary to serve in any
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approv? ,For RelegRp 9 1 -c9lA4ZQ,P77603721A000600010019-3
diplomatic position other than that of chief of mission or in any con-
sular position, and he may also be assigned to serve in any other
capacity in which he is eligible to serve under the terms of this or any
other Act. He may be transferred from one post to another by order
of the Secretary as the interests of the Service may require.
CITIZENSIIIP REQUIREMENTS
SEC. 515. No person shall be eligible for appointment as a Foreign
Service officer unless he is a citizen of the United States and has been
such for at least 10 years.
SEC. 516. No person shall be eligible for appointment as a Foreign
Service officer of class 6 unless he has passed such written, oral, physi-
cal, and other examinations as the Board of Examiners for the For-
eign Service may prescribe to determine his fitness and aptitude for
the work of the Service and has demonstrated his loyalty to the Gov-
ernment 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 Service officers of class 6.
ADMISSION TO CLASSES 1, 2, 3, 4, AND 5 WITHOUT PRIOR SERVICE IN CLASS 6
SEC. 517. A person who has not served in class F, shall not be eligible
for appointment as a Foreign Service officer of classes 1 to 5, inclusive,
unless he has passed such written, oral, physical, and other examina-
tions as the Board of Examiners for the Foreign Service may prescribe
to determine his fitness and 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 immediately prior to appointment in
a position of responsibility in the Service or in the Department or
both, except that, if he has reached the age of thirty-one years, the
requirement as to service may be reduced to three years. The Secre-
tary 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 5, inclusive. The Secretary
shall, taking into consideration the age, qualifications, and experience
of each candidate for appointment, recommend the class to which he
shall be appointed in accordance with the provisions of this section.
ADMISSION TO THE CLASS OF CAREER MINISTER
SEC. 518. No person shall be eligible for appointment to the class
of career minister who is not a Foreign Service officer.
REASSIGNMENT TO FOREIGN SERVICE OF FORMER AMBASSADORS AND
MINISTERS
SEC. 519. If, within three months of the date of the termination
of his services as chief of mission and of any period of authorized
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releasptgptgf )IiRg -FAR lPO819~721A0006%01 0019-3
leave, a Foreign Service officer has not again been appointed or
assigned as chief of mission or assigned in accordance. with the pro-
visions 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 Or FOREIGN SERVICE OFFICERS
SEC. 520. (a) The President may, by and with the advice and con-
sent of the Senate, reappoint to the Service a former Foreign Service
officer who has been separated from the Service by reason of appoint-
ment to some other position in the Government service and who has
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 accordance with the provisions of
this section.
(b) Whenever the Secretary shall determine an emergency to exist,
the Secretary may recall any retired Foreign Service officer tem-
porarily to active service.
PART C-FOREIGN SERVICE RVSERVE OFFICERS
SEC. 521. In accordance with the terms of this Act and under such
regulations as the Secretary shall prescribe, there shall be organized
and maintained a Foreign Service Reserve, referred to hereafter as
the Reserve.
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 may-
(1) appoint as a Reserve officer for nonconsecutive periods
of not more than four years each, a person not in the employ
of the Government whom the Board of the Foreign Service shall
deem to have outstanding qualifications of a specialized char-
acter ; and
(2) assign as a Reserve officer for nonconsecutive periods of
not more than four 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.
SEc. 523. A Reserve officer, appointed or assigned to active duty,
shall be appointed or assigned to a class and not to a particular post,
and such an officer may be assigned to posts and may be transferred
from one post to another by order of the Secretary as the interests
of the Service may require. The class to which he shall be appointed
or assigned shall depend on his age, qualifications, and experience.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve for Relea E29M9/j&- jgA-R7A-A3721 A000600010019-3
SEC. 524. Whenever the Secretary shall deem it in the interests
of the Service that a Reserve officer shall serve in a diplomatic or
consular capacity, he may recommend to the President that such
officer be commissioned as a diplomatic or consular officer or both.
The President may, by and with the advice and consent of the
Senate, commission such officer as a diplomatic or consular officer
or both, and all official acts of such an officer while serving under a
diplomatic or consular commission shall be performed under his coin-
mission as a diplomatic or consular officer. In all other cases, appro-
priate rank and status, analogous to that of Foreign Service officers
engaged in work of comparable importance shall be provided to per-
mit Reserve officers to carry out their duties effectively.
SEC. 525. The Secretary shall by regulation define the period during
which a Reserve officer shall be considered as being on active duty.
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.
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.
SEC. 528. Upon the termination of the assignment of a Reserve of-
ficer assigned from any Government agency, such person shall be en-
titled to reinstatement in the Government agency by which he is regu-
larly employed in the same position lie occupied at the time of as-
signment, 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 Classification Act of 1923, as amended, or any corresponding pro-
vision 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 minimun ratings
as a prerequisite to the receipt of such salary advancements.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releas9,&09A(9qY Jq-RPP0?8fQ721A00061Qg010019-3
PART D-FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 531. The Secretary shall appoint staff officers and employees
under such regulations as he may prescribe and, as soon as practicable,
in accordance with the provisions of sections 441, 442, and 443.
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 a vacant position in a higher
class at the same or at a higher rate of salary and he may be trans-
ferred from one post to another in connection with such promotion.
COMMISSION AS CONSUL OR VICE CONSUL
SEC. 533. On the recommendation of the Secretary, the President
may, by and with the advice and consent of the Senate, commission
a staff officer or employee as consul. The Secretary may commission
a staff officer or employee as vice consul. Official acts of staff officers
or employees while serving under consular commissions in the Service
shall be performed under their respective commissions as consular
officers.
CITIZENSHIP REQUIREMENT
SEC. 534. No person shall be eligible for appointment as staff officer
or employee who is not a citizen of the United States at the time of his
appointment.
PART E-ALIEN CLERKS AND EMPLOYEES
SEC. 541. The Secretary shall appoint alien clerks and employees
at posts abroad under such regulations as he may prescribe and, as
soon as practicable, in accordance with the provisions of section 444.
ASSIGNMENTS AND TRANSFERS
SF.c. 542. The Secretary may assign an alien clerk or employee to a
position at any post, and any such clerk or employee may be transferred
from a position at one post to a position at another as the interests of
the Service may require.
PART F-CONSULAR AGENTS
SEc. 551. The Secretary may appoint consular agents under such
regulations as he may prescribe and, as soon as practicable, in accord-
ance with the provisions of section 445.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvegll~or Releas%qQJWtJv ~4AFpo 78-06 721 A000600010019-3
PART. G-ASSIGNMENT OF PERSONNEL BY THE WAR AND NA.vY
DEPARTMENTS
AS COURIERS AND INSPECTORS OF BUILDINGS
SEC. 561. The Secretaries of War and Navy are authorized upon the
request.of the Secretary, to assign or detail military and naval per-
sonnel serving under their supervision for duty as inspectors of build-
ings owned or occupied abroad by the United States or as inspectors
or supervisors of buildings under construction or repair abroad by or
for the United States, or for duty as couriers of the Depatment; and,
when so assigned . or detailed, they may receive the same traveling
expenses as are authorized for officers of the Service, payable from
applicable appropriations of the Department. Such assignments or
details may, in the discretion of the head of the department concerned,
be made without reimbursement from the Department of State.
AS CUSTODIANS
SEC. 562. The Secretary of the Navy is authorized, upon request of
the Secretary of State, to assign enlisted men of the Navy and the
Marine Corps to serve as custodians under the supervision of the prin-
cipal officer at an embassy, legation, or consulate.
PART H-ASSIGNMENT OF FOREIGN SERVICE PERSONNEL
ASSIGNMENT TO ANY GOVERNMENT AGENCY
SEC. 571. (a) Any officer or employee of the Service may, in the
discretion of the Director General, be assigned or detailed for duty
in any Government agency, such an assignment or combination of as-
signments to be for it period of not more than four years. He may not
again be assigned for duty in a Government agency until the expira-
tion of a period of time equal to his preceding tour of duty on such
assignment or until the expiration of two years, whichever is the
shorter.
(b) A Foreign Service officer may be appointed as Director General
or Deputy Director General, notwithstanding the provisions of the
last; sentence of paragraph (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 Department until the expiration of a period of time equal to
his tour of duty as Director General or Deputy Director General or
until the expiration of two years, whichever is shorter.
(c) If a Foreign Service officer shall be appointed by the President,
by and with the advice and consent of the Senate, to a position in the
Department, the period of his service in such capacity shall be con-
strued as constituting an assignment for duty in the Department
within the meaning of paragraph (a) of this section and such person
shall not, by virtue of the acceptance of such an assignment, lose his
status as a Foreign Service officer, Service in such a position shall not,
however, be subject to the limitations concerning the duration of an
assignment or concerning reassignment contained in that paragraph.
(d) 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
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2080/A 9r :S DR78F0. 121A000609 10019-3
section is higher than the salary such officer or employee is entitled
to receive as an officer or employee of the Service, such officer or
employee shall, during the period such difference in salary exists,
receive the salary of the position in which he is serving in lieu of his
salary 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 salaries of officers and employees of the
Service and shall be the salary on the basis of which computations and
payments shall be made in accordance with the provisions of title VIII.
COMPULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN THE CONTINENTAL
UNITED STATES
SEC. 572. Every Foreign Service officer shall, during his first fifteen
years of service in such capacity, be assigned for duty in the continental
United States in accordance with the provisions of section 571 for
periods totaling not less than three years.
ASSIGNMENT FOR CONSULTATION OR INSTRUCTION
SEC. 573. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either at the commence-
ment, during the course of, or at the close of the period of his official
service; and any such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within the
meaning of section 571.
(b) Any officer or employee of the Service may be assigned or
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, includ-
ing temporary details under commission not at his post or in the
Department.
ASSIGNMENTS TO FOREIGN GOVERNMENTS
SEC. 575. The Secretary may, in his discretion, assign or detail an
officer or employee of the Service for temporary service to or in coop-
eration with the government of another country in accordance with
the provisions of the Act of May 25, 1938, as amended (52Stat. 442;
53 Stat. 652; 5 U.S.C.118e).
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 coop-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvftg For Rele; QPAQ9'L11eCWPcPF 3.03721 A000600010019-3
eration with an international organization in which the United States
participates under the same conditions as those governing the assign-
ment or detail of officers or employees of the Service to 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).
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.
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.
RESPONSIBILITY OF THEDIRECTOR GENERAL FOR THE KEEPING OF
EFFICIENCY RECORDS
SEC. 611. The Director General, acting under the general direction
of the Board of the Foreign Service, shall be responsible for the
keeping of accurate and impartial efficiency records. Under his direc-
tion there shall be assembled, recorded, and 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 reports of supervising officers.
The Director General shall undertake such statistical and other
analyses as may be necessary to develop the validity and reliability
of efficiency reporting forms and procedures.
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 committees of the Congress charged
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 21OQ1 1grEZQR7&0A7a1A00060PA10019-3
with considering legislation and appropriations for the Service or
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 ad-
ministration, 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.
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 Foreign Service may recommend to the Secre-
tary that such officer shall not be required to serve such minimum
period in class as a prerequisite to promotion, and the Secretary may
exempt such officer from such requirement.
SEC. 623. The Secretary is authorized to establish, with the advice
of the Board of 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 con-
secutive 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.
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
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approves For Rele W]Q II;I,cL R R 8 03721 A000600010019-3
day of each fiscal year, receive an increase in salary to the next
higher rate for the class in which he is serving. The Secretar is
authorized to grant to a Foreign Service officer or a Reserve of cer,
in any class, additional increases in salary within the salary range
established for the class in which he is serving, based upon especially
meritorious service.
PART D-SEPARATION OF FOREIGN SERVICE OFFICERS FROM THE SERVICE
FOREIGN SERVICE OFFICERS WHO ARE CAREER MINISTERS
SEC. 631. Any Foreign Service officer who is a career minister,
other than one occupying a position as chief of mission, shall, upon
reaching the age of sixty-five, be retired from the Service and receive
retirement benefits in accordance with the provisions 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.
FOREIGN SERVICE OFFICERS WHO ARE NOT CAREER MINISTERS
SEG. 632. Any Foreign Service officer who is not a career minister
shall, upon reaching the age of sixty, be retired from the Service
and receive retirement benefits in accordance with the provisions of
section 821 but when 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.
FOREIGN SERVICE OFFICERS IN CLASSES 2 AND 3
SEC. 633. The Secretary shall prescribe the maximum period dur-
ing which Foreign Service officers in classes 2 or 3 shall be permitted
to remain in such classes without promotion. Any officer who does
not receive a promotion to a higher class within that period shall be
retired from the Service and receive retirement benefits in accordance
with the provisions of section 821.
FOREIGN SERVICE OFFICERS IN CLASSES 4 AND 5
SEC. 634. (a) The Secretary shall prescribe the maximum period
durin which Foreign Service officers in classes 4 or 5 shall be per-
mitted to remain in such classes without promotion. Any officer
who does not receive a promotion to a higher class within that period
shall be retired from the Service and receive benefits as follows :
(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,
payable without interest, in three equal. installments on the 1st day of
January following the officer's retirement and on the two anniversar-
ies of this date immediately following; 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-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 20O0.9911 I :sUA @L 78F08s7421A0006OQQI10019-3
two, in accordance with the provisions of section 821. In the event that
an officer who was separated from class 4 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 class 5 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 there-
on at 4 per centum, compounded annually, shall be paid in accordance
with the provisions of section 841.
(b) Notwithstanding the provisions of section 3477 of the Revised
Statutes (31 U.S.C. 203) or the provisions of any other law, a For-
eign Service officer who is retired in accordance with the provisions
of this section shall have the right to assign to any person or cor-
poration the whole or any part of the benefits receivable by him pur-
suant to paragraph (a) (1) of this section. Any such assignment
shall be on a form approved by the Secretary of the Treasury and a
copy thereof shall be deposited with the Secretary of the Treasury by
the officer executing the assignment.
FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 8
SEC. 635. Any Foreign Service officer in class 6 shall occupy pro-
bationary status. The Secretary may terminate his service at any
time.
VOLUNTARY RETIREMENT
SEC. 636. Any Foreign Service officer who is at least fifty years of
age and has rendered twenty years of service, including service within
the meaning of section 853, may on his own application and with the
consent of the Secretary be retired from the Service and receive benefits
in accordance with the provisions of section 821.
SEPARATION FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEa. 637. (a) The Secretary may, under such regulations as he may
prescribe, separate from the Service any Foreign Service officer above
class 6 on account of the unsatisfactory 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.
(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.
(c) Any Foreign Service officer under forty-five years of age, sep-
arated from the Service in accordance with the provisions of para-
graph (a) of this section, shall at the time of separation receive a pay-
ment equal to one year's salary or the refund of the contributions
made by him to the Foreign Service Retirement and Disability Fund,
whichever shall be greater.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releaei2QO/09I41ciC RDRVa-03721A000600010019-3
(d) Any payments made in accordance with the provisions of this
section shall be made out of the Foreign Service Retirement and Dis-
ability Fund.
SEPARATION FOR MISCONDUCT OR MALFEASANCE
SEC. 638. The Secretary shall separate from the Service any Foreign
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.
established 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 con-
tributions to the Foreign Service Retirement and Disability Fund.
shall be returned to him in accordance with the provisions of section.
PART E-PROMOTION OF FOREIGN SERVICE STAFF OFFICERS AND
EMPLOYEES
SEc. 641. Any staff officer or employee may, in accordance with
uniform procedures established in regulations prescribed by the See-
rotary, upon demonstration of ability to assume duties of greater
responsibility, be promoted to a vacant position in a higher class at
the same or at a higher rate of salary.
S:EC. 642. In-class promotions of staff officers and employees shall
be granted in accordance with regulations prescribed by the Secretary.
PART F-SEPARATION OF STAFF OFFICERS. AND EMPLOYEES
SEC. 651. The Secretary may, under such regulations as he may
prescribe, separate from the Service any staff officer or employee on
account of the unsatisfactory performance of his duties, but no such
officer or employee shall be so separated from the Service until he
shall have been granted a hearing by the Board of the Foreign Service
and the unsatisfactory performance of his duties shall have been estab-
lished at such hearing. -
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.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releasp4OAQ 1&R *Bpgr,7QDQ;721A000 A000@W01
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.
FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 662. The Secretary may, under such regulations as he may
prescribe, separate from the Service any alien clerk or employee on
account of the unsatisfactory performance of his duties.
SEC. 663. The Secretary shall separate from the Service any alien
clerk or employee who shall be found guilty of misconduct or mal-
feasance.
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 uni-
form manner and at least once every two years the work of the diplo-
matic and consular establishments of the United States. Whenever
the Secretary has reason to believe that the business of a consulate is
not being properly conducted and that it is necessary in the public in-
terest, he may authorize any Foreign Service inspector to suspend
the principal officer or any subordinate consular officer and to admin-
ister the office in the place of the principal officer for a period not ex-
ceeding ninety days. The Secretary may also authorize a Foreign
Service inspector to suspend any diplomatic officer except a chief of
mission. A Foreign Service inspector shall have the authority to sus-
pend any other officer or employee of the Service.
TITLE VII-THE FOREIGN SERVICE INSTITUTE
ESTABLISHMENT OF THE INSTITUTE
SEC. 701. The Secretary shall, in order to furnish training and in-
struction to officers and employees of the Service and of the Depart-
ment and to other officers and employees of the Government for whom
training and instruction in the field of foreign relations is necessary,
and in order to promote and foster programs of study incidental to
such training, establish a Foreign Service Institute, hereinafter called
the Institute.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved for Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 194.6
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, establish the basic procedures
to be followed by the Institute; plan and provide for the general nature
of the training and instruction to be furnished at the Institute; corre-
late the training and instruction to be furnished at the Institute with
the training activities of the Department and other Government agen-
cies and with courses given at private institutions that are designed
or may serve to furnish training and instruction to officers and em-
ployees 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 required for the proper administra-
tion of the Institute.
SEC. 730. The Secretary may, within the limits of such appropria-
tions as may be made specifically therefor, make grants or furnish
such other gratuitous assistance as he may deem necessary or advisable
to nonprofit institutions cooperating with the Institute in any of the
programs conducted by the Director by authority of this title.
APPOINTMENT, ASSIGNMENT, AND DETAIL TO THE INSTITUTE
SEC. 704. (a) The Secretary may appoint to the faculty or staff of
the Institute on a full- or part-time basis such personnel as he may
deem necessary to carry out the provisions of this title in accordance
with the provisions of the civil-service laws and regulations and the
Classification Act of 1923 as amended, except that, when deemed nec-
essary by the Secretary for the effective administration of this title,
personnel may be appointed without regard to such laws and regula-
tions, 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
an on a full- or part-time basis, assign or detail officers and employees
of the Service to serve on the faculty or staff of the Institute or to
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-
b1) 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 de-
tail of persons to serve on the faculty or staff of the Institute, and
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releas q(QJ',B -IPP 81Q 721 A0006j0j010019-3
the Secretary shall in each case take such recommendations into
consideration in making such appointments, assignments, or details.
INSTRUCTION AND EDUCATION AT OTHER LOCALITIES THAN THE INSTITUTE
SEC. 705. The Secretary may, under such regulations as he may
prescribe, pay the tuition and other expenses of officers and employees
of the Service, assigned or detailed in accordance with the provisions
of section 573(b) for special instruction or training at or with public
or private nonprofit institutions, trade, labor, agricultural, or scientific
associations, or commercial firms.
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.
SEC. 707. The Secretary may, in the name of the United States,
acquire such real property as may be necessary for the operation
and maintenance of the Institute and, without regard to section 3709
of the Revised Statutes, such other property and equipment as may
be necessary for its operation and maintenance.
TITLE VIII-THE FOREIGN SERVICE RETIREMENT AND
DISABILTY SYSTEM
RULES AND REGULATIONS
SEC. 801. (a) The President may prescribe rules and regulations
for the maintenance of a Foreign Service Retirement and Disability
System, originally established by section 18 of the Act of May 24,1924
(43 Stat.144), referred to hereafter as the System.
(b) The Secretary shall administer the System in accordance with
such rules and regulations and with the principles established by this
Act.
SEC. 802. The Secretary of the Treasury shall maintain the special
fund, known as the Foreign Service Retirement and Disability Fund,
referred to hereafter as the Fund, originally constituted by section 18
of the Act of May 24,1924 (43 Stat. 144).
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;
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved L,For Release 2000109/ 1 : CIA-RDP78 03721A000600010019-3
THE (3) Any chief of mission who is not otherwise entitled to be a
participant 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 serve as chief of mission for an aggregate period
of twenty years or more, exclusive of extra service credit in accord-
ance with the provisions of section 853; and
(2) have paid into the Fund a special contribution equal to 5
per centum of his basic salary for each year of such service with
interest thereon to date of payment, compounded annually at 4
per centum.
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, 633, 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.
PART B-COMPULSORY CONTRIBUTIONS
SEC. 811. (a), Five per centuin of the basic salary of all participants
shall be contributed to the Fund, and the Secretary of the Treasury
is directed to cause such deductions to be made and the sums trans-
ferred on the books of the Treasury Department to the credit of the
Fund for the payment of annuities, cash benefits, refunds, and allow-
ances.
(b) All basic salaries in excess of $13,500 per annum shall be treated
as $13,500 for the purposes of this title.
PART C-COMPUTATION OF ANNUITIES
SEC. 821. (a) The annuity of a participant shall be equal to 2 per
centum of his average basic salary, not exceeding $13,500 per annum,
for the five years next preceeding the date of his retirement multiplied
by the number of years of service, not exceeding thirty years. In de-
termining 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, a participant, if the husband of
a wife to whom he has been married for at least three years or who
is the mother of issue by such :marriage, may elect to receive a reduced
annuity for himself and to provide for an annuity payable to his
widow, commencing on the date following his death and continuing
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 for the five
years next preceding his retirement or 662/3 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
annuity of the participant will be reduced by an amount equal to
one-half the annuity which he elects to have paid to his widow plus an
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000%091 AEg, ~lRF704-9~7~IA0006010 10019-3
additional reduction equal to 2 per centum of such widow's annuity
for each year, or fraction thereof, that the difference in age exceeds
eight. The participant may at his option also elect to have his annuity
reduced by an additional 5 per centum of the amount which he elects
to have paid to his widow, with a provision that, from and after the
death of his wife, if the participant shall survive her, the annuity
payable to the participant shall be that amount which would have been
payable if no option had been elected.
(c) A participant who is not married at the time of his retirement
or who is married to a wife who is not entitled to an annuity in accord-
ance 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 retirement and
who is acceptable to the Secretary. The annuity payments payable to
such beneficiary shall be either equal to the deceased participant's
reduced annuity payments or equal to 50 per centum of such reduced
annuity payments and upon the death of the surviving beneficiary all
payments shall cease and no further annuity payments shall be due
or payable. The combined actuarial value of the two annuitants on
the date of retirement as determined by the Secretary of the Treasury
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 participant 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 parl5cipant shall cease when the beneficiary reaches
the age of twenty-one years.
PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
RETIREMENT FOR DISABILITY OR INCAPACITY-PHYSICAL EXAMINATION-
RECOVERY
SEC. 831. (a) Any partici ant 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, upon 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
has had less than twenty years of service at the time he is retired, his
annuity shall be computed on the assumption that he had had twenty
years of 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. Unless the disability is permanent, a like
examination shall be made annually 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
to submit to examination, shall be paid out of the Fund.
Approved For Release 2000/09/11 CIA-RDP78-03721A000600010019-3
 Approv? For Rele 2;g t%9~llvrcgl 7fZRPT8 03721 A000600010019-3
(c) When the annuity is discontinued under this provision before
the annuitant has received a sum equal to the total amount of his
contributions, with accrued interest, the difference shall be paid to him
or his legal representatives in the order of precedence prescribed in
section 841.
SEC. 832. In case a participant shall die without having estab-
lished a valid claim for annuity, the total amount of his contributions
with interest thereon at 4 per centum per annum, compounded on
June 30 of each year, except as provided in section 881 and as here-
inafter provided in this section, shall be paid to his legal representa-
tives in the order of precedence given under section 841 upon the es-
tablishment 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 been entitled to receive if her
husband had been retired on the date of his 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 shall 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.
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 is 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 pre-
scribed 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.
PART E-DISPOSITION Or CONTRIBUTIONS AND INTEREST IN EXCESS OF
BENEFITS RECEIVED
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..
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseT2000iOOMsxffi FCP158-00'P21A00060?%10019-3
(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 sate 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 following order of precedence, upon the estab-
lishment of a valid claim therefor ;
(1) To the beneficiary or beneficiaries 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,
payyment 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.
(c) No payment shall be made pursuant to paragraph (b) (3) of
this section until after the expiration of thirty days from the death of
the .retired participant or his surviving annuitant.
PART F-PERIOD OF SERVICE FOR ANNUITIES
COMPUTATION OF LENGTH OF SERVICE
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 absence granted participants while performing active military or
naval service in the Army, Navy, Marine Corps, or Coast Guard of
the United States.
PRIOR SERVICE CREDIT
SEC. 852. (a) A participant may, subject to the provisions of this
section, include in his period of service-
(1) service performed as a civilian officer or employee of the
Government prior to becoming a participant; and
(2) active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
(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
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApproveW(For Relea 2406/49/ vICdA ?RDPh84O3721A000600010019-3
salary for each year of service for which credit is sought subsequent
to July 1, 1924, with interest thereon to date of payment compounded
annually at 4 per centum. Any such participant may, under such
conditions as may be determined. In each instance by the Secretary, pay
such special contributions in installments during the continuance of
his service.
(c) Nothing in this Act shall be construed so as to affect in any
manner a participant's right to retired pay, pension, or compensation
in addition to the annuities herein provided, 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 entitled to receive any annuity,
pension, or other retirement or disability payment or allowance.
EXTRA SERVICE CREDIT FOR SERVICE AT UNHEALTHFUL POSTS
SEC. 853. The President may from time to time establish a list of
places which by reason of climatic or other extreme conditions are
to be classed as unhealthful posts, and each year of duty subsequent
to January 1, 1900, at such posts inclusive of regular leaves of 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. The President
may at any time cancel the designation of any places as unhealthful
without affecting any credit which has accrued for service at such
posts prior to the date of the cancellation.
SEC. 854. Contributions shall not be required covering periods of
leave of absence from the Service granted a participant while per-
forming active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
SEC. 861. The Secretary of the Treasury shall prepare the esti-
mates of the annual appropriations required to be made to the Fund,
and shall make actuarial valuations of such fund at intervals of
five years, or oftener if deemed necessary by him. The Secretary of
State may expend from money to the credit of the Fund an amount
not exceeding $5,000 per annum for the incidental expenses necessary
in administering the provisions of this title, including actuarial
advice.
ANNUAL REPORT TO CONGRESS
SEC. 862. The Secretary shall submit annually to the President and
to the Congress a comparative report showing the condition of the
Fund and estimates of appropriations necessary to continue this title
in full force.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release0
%14 g A RDP7 -Q 21A0006QQQ10019-3
Sno. 863. The Secretary of the Treasury shall invest from time to
time in interest-bearing securities of the United States such portions
of the Fund as in his judgment may not be immediately required for
the payment of annuities, cash benefits, refunds, and allowances, and
the income derived from such investments shall constitute a part of
such Fund.
Sno. 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(b).
PART II-O1 `IOERS REINSTATED TN Tm S'EavlcE
SEc. 871. A Foreign Service officer, reinstated in the Service in
accordance with the provisions of section 520 (b) shall, while so serv-
ing, be entitled in lieu of his retirement allowance to the full pay of
the class in which he is temporarily serving. During such service,
he shall make contributions to the Fund in accordance prior to his
reinstatement in the Service was based on less than thirty 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.
Snc. 881. (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-
1) returned to him in a lump sum; or
2) used to purchase an additional life annuity; or
3) used to purchase an additional life. annuity for himself and
to provide for a cash payment on his death to a beneficiary whose
name shall be notified in writing to the Secretary by the 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
participant with a guaranteed return to the beneficiary or his legal
representatives of an amount equal to the cash payment referred
to in paragraph 3.
(b) The benefits provided by subparagraphs 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 as 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-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApprovQ9,,For ReleqRS ;ggp/g9/sll &6Ac?,QP7?IP3721A000600010019-3
pounded annuallyy, made by him under the provisions of this para-
graph shall be refunded in the manner provided in section 841 for the
return of contributions and interest in the case of death or withdrawal
from active 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 AND BENEFITS
PART A-ALLOWANCES AND SPECIAL ALLOTMENTS
QUARTERS, COST OF LIVING, AND REPRESENTATION ALLOWANCE'S
SEC. 901. In accordance with such regulations as the President may
prescribe and notwithstanding the provisions of section 1765 of the
Revised Statutes (5 U. S. C. 70), the Secretary is authorized to grant
to any officer or employee of the Service who is a citizen of the United
States-
(1) allowances wherever Government owned or rented quar-
ters are not available for living quarters, heat, light, fuel, gas,
and electricity, including allowances for the cost of lodging at
temporary quarters, incurred by an officer 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 not 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 post abroad is proportion-
ately so high that an allowance is necessary to enable an officer
or employee of the Service at such post to carry on his work
efficiently;
(ii) that extraordinary and necessary expenses, not other-
wise compensated for, are incurred by an officer or employee
of the Service incident to the establishment of his residence
at his post of assignment;
(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;
(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 un-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleasgA090W41 I #-RPP?8rQQ721A00061@0010019-3
usual expenses incident to the operation and maintenance of an official
residence suitable for the chief representative 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.
PART. B-TRAVEL AND RELATED EXPENSES
GENERAL PROVISIONS
SEC. 911. The Secretary may, under such regulations as he shall
prescribe pay-
(11S the travel expenses of officers and employees of the Service,
including 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
leave; or otherwise traveling in accordance with authority granted
pursuant to the terms of this or any other Act;
(3) the cost of transporting the. furniture and household and
personal effects of an officer or employee of the Service to his
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 employee 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 excess 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
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve, Pr Release 2000/09/11: CIA-RDP78-03721A000600010019-3
e THE FOREIGN SERVICE ACT OF 194$
post as may in the meantime have become the post to which such
officer or employee has been assigned;
(8) the cost of preparing and transporting to their former
homes in the continental United States or to a place not more
distant, the remains of an officer or employee of the Service who
is a citizen of the United States and of the members of his family
who may die abroad or while in travel status.
LOAN OF HOUSEHOLD EQUIPMENT
Sm. 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 household equip-
ment for use on a loan basis in personally owned or leased residences.
SEc. 913. The Secretary may, notwithstanding the provisions of any
other law, transport for or on behalf of an officer or employee of the
Service, a privately owned automobile in any case where he shall de-
termine that water, rail, or air transportation of the automobile is
necessary or expedient for any part or of all the distance between
points of origin and destination.
PART C-COMMISSARY SERVICE
SEO. 921. The Secretary may, under such regulations as he may
proscribe, and pursuant to appropriations therefor, establish and
maintain emergency commissary or mess services in such places abroad
where, in his judgment, such services are necessary temporarily to
insure the effective and efficient performance of the duties and re-
sponsibilities 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 deter-
mined by the Secretary and shall be used as working funds : Provided,
That each year an amount equal to the amount of the appropriation
for such service shall be covered into the Treasury as miscellaneous
receipts not later than six months after the close of the fiscal year for
which any such appropriation is made.
SEc. 931. (a) The Secretary may, in his discretion and in accord-
ance with such regulations as he may prescribe grant an officer or
employee of the Service-who is a citizen of the i1nited States not to
exceed sixty calendar days' annual leave of absence with pay.
(b) Where an officer or employee on leave returns to the continental
United States, the leave of absence granted pursuant to the pro-
visions of paragraph (a) of this section shall be exclusive of the time
actually and necessarily occupied in going to and from the continental
United States, and such time as may be necessarily occupied in await-
ing sailing or flight.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A0006g0Q10019-3
THE FOREIGN SERVICE ACT OF 1946
(c) Any part of the sixty days' annual leave which an officer or
employee may receive and which is not used in any one year shall
be accumulated for succeeding years until it totals one hundred and
eighty days.
(d) The Secretary may in his discretion and subject to such regu-
lations as he may prescribe, grant to an employee of the Service who
is not a citizen of the United States thirty calendar days' annual leave
with pay each calendar year. Any part of the thirty days' leave not
used in any year shall be accumulated for succeeding years until it
totals not exceeding sixty days.
SEC. 932. The Secretary may in his discretion and subject to such
regulations as he may prescribe, grant an officer or employee of the
Service sick leave with pay at the rate of fifteen calendar days each
calendar year. Any part of the fifteen days' sick leave not used or
availed of in any year shall be accumulated for succeeding years until
it totals one hundred and twenty days.
SEC. 933. (a) The Secretary shall order to the continental United
States 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 on leave, the service
of any officer or employee, shall be available for such work or duties
in the Department or elsewhere as the Secretary may prescribe, but.
the time of such work or duties shall not be counted as leave.
SEC. 934. (a) A Reserve officer, assigned to the Service from any
Government agency, notwithstanding the provisions of any other
law, be granted annual leave of absence and sick leave of absence in
accordance with the provisions of part D of this title during the period
of his assignment.
(b) Under such regulations as the President may prescribe, a per-
son assigned to the Service as a Reserve officer from any Government
agency may, notwithstanding the provisions of the Act of 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 not exceed the maximum which an
officer or employee of the agency to which he is returning may have to
his credit on the date of his return.
SEC. 935. Under such regulations as the President may prescribe
an officer or employee of the Service who resigns from the Service in
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved, For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
136 THE FOREIGN SERVICE ACT OF 1946
order to accept an appointment in any Government agency may trans-
fer to such Government agency any annual or sick leave of absence
standing to his credit at the time of his resignation from the Service
and any officer or employee of any Government agency who resins
from such agency in order to accept an appointment to the Service
may transfer to the Service any annual or sick leave of absence stand-
ing to his credit at the time ol- his resignation from the Government
agency in which he was employed, but in no event shall. the amount of
annual or sick leave of absence so transferred exceed the maximum
amount of the annual or sick leave of absence which. may be accu-
mulated in either the Service or the Government agency to which such
person is appointed, as the case may be.
SEC. 941. The Secretary may, in the event of illness or injury re-
quiring hospitalization of an officer or employee of the Service who
is a citizen of the United States, not the result of vicious habits, in-
temperance, or misconduct on his part, incurred in the line of duty
while such person is assigned abroad, pay for the cost of the treatment
of such illness or injury at a suitable hospital or clinic.
SEC. 942. (a) The Secretary may, in the event of illness or injury
requiring the hospitalization of an officer or employee of the Service
who is a citizen of the United States, not the result of vicious habits,
intemperance or misconduct on his part, incurred while on assignment
abroad, in a locality where there does not exist a suitable hospital or
clinic, pay the travel expenses of such officer or employee by whatever
means he shall deem appropriate and without regard to the Standard-
ized Government Travel Regulations and section 10 of the Act of
March 3, 1933 (47 Stat. 1516; 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 to his post of duty. If the officer or
employee is too ill to travel unattended, the Secretary may also pay
the travel expenses of an attendant.
(b) The Secretary may establish a first-aid station and provide for
the services of a nurse at a post at which, in his opinion, sufficient per-
sonnel 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 the periodic physical examination of officers
and employees of the Service who are citizens of the United States,
including examinations necessary to establish disability or incapacity
in accordance with the provisions of section 831, and for the cost of
administering inoculations or vaccinations to such officers or
employees.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseH 0000/09I1 - FAT POT8r9A721A00061%9010019-3
TITLE X-MISCELLANEOUS
PART A-PROHIBITIONS
SEC. 1001. An officer or employee of the Service holding a position
of responsibility in the Service shall not wear any uniform except
such as may be authorized by law or such as a military commander
may require civilians to wear in a theater of military operations.
AGAINST ACCEPTING PRESENTS
SEC. 1002. An officer or employee of the Service shall not ask or,
without the consent of the Congress, receive, 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 offi-
cer may, however, under such regulations as the President may pre-
scribe, accept gifts made to the United States or to any political
subdivision thereof by the government to which he is accredited or
from which he holds an exequatur.
AGAINST ENGAGING IN BUSINESS ABROAD
SEC. 1003. An officer or employee of the Service shall not, while
holding office, transact or be interested in any business or engage
for profit in any profession in the country or countries to which he
is assigned abroad in his own name or in the name or through the
agency of any other person, except as authorized by the Secretary.
AGAINST CORRESPONDENCE ON AFFAIRS OF FOREIGN GOVERNMENTS
SEC. 1004. (a) An officer or employee of the Service shall not 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 ON 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, it
required, any other officer or employee of the Service or of the De-
partment before he enters upon the duties of his office shall give
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve or Release 2000/09/11: CIA-RDP78-03721A000600010019-3
L THE FOREIGN SERVICE ACT OF 1,9411
to the United States a bond in such form and in such penal sum as
the Secretary shall prescribe, with such sureties as the Secretary
shall approve, conditioned without division of penalty for the true
and faithful performance of his duties, including (but not by way
of limitation) certifying vouchers for payment, accounting for, pay-
ing over, and delivering 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 faith-
ful performance of all other duties now or hereafter lawfully imposed
upon him as such officer or employee, and such bond shall be con-
strued to be conditioned for the true and faithful performance of
all. official duties of whatever character now or hereafter lawfully
imposed upon him, or by him assumed incident to his employment
as an officer or employee of the Government. Notwithstanding any
other provisions of law, upon approval of any bond given pursuant
to this Act, the principal shall. not be required to give another sep-
arate bond conditioned for the true and faithful performance of
only a part of the duties for which the bond given pursuant to this
Act is conditioned. The bond of an officer or employee of the Service
shall be construed to be conditioned for the true and faithful per-
formance of all acts of such officer incident to his office regardless
of whether appointed or commissioned as diplomatic, consular, For-
eign Service officer, or other officer of the Service. The bonds herein
mentioned shall be deposited with the Secretary of the Treasury.
Nothing herein contained shall be deemed to obviate the necessity of
furnishin 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. 821-8231827-833).
PART Oi-GII rs
SEC. 1021. (a) The Secretary may accept on behalf of the United
States gifts made unconditionally by will or otherwise for the benefit
of the Service or for the carrying out of any of its functions. Con-
ditional gifts may be so accepted if recommended by the Director
General, and the rincipal of and income from any such conditional
gifts shall be held, invested, reinvested, and used in accordance with
its conditions, but no gift shall be accepted which is conditioned upon
any expenditure not to be met therefrom or from the income thereof
unless such expenditure has been approved by Act of Congress.
(b) Any unconditional gift of money accepted pursuant to the
authority granted in paragraph (a) of this section, the net proceeds
from the liquidation (pursuant to paragraph (c) or paragraph (d)
of this section) of any other property so accepted, and the proceeds
of insurance on any such gift property not used for its restoration,
shall be deposited in the Treasury of the United States and are
hereby appropriated and shall be held in trust by the Secretary of
the Treasury for the benefit of the Service, and he may invest and
reinvest such funds in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and interest
by the United States. Such gifts and the income from such invest-
ments shall be available for expenditure in the operation of the Serv-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A00060.Q10019-3
THE FOREIGN SERVICE ACT OF 1946
ice and the performance of its functions, subject to the same exami-
nation and audit as is provided for appropriations made for the Serv-
ice by Congress.
(c) The evidences of any unconditional gift of intangible personal
property, other than money, accepted pursuant to the authority
granted in paragraph (a) of this section, shall be deposited with the
Secretary of the Treasury and he, in his discretion, may hold them, or
liquidate them except that they shall be liquidated upon the request
of the Secretary whenever necessary to meet payments required in the
operation of the 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 para-
graph (b) of this section.
(d) The Secretary shall hold any real property or any tangible
personal property accepted unconditionally pursuant to the authority
? granted in paragraph (a) of this section and he shall permit such
property to be used for the operation of the Service and the perform-
ance of its functions or he may lease or hire such property, and may
insure such property, and deposit the income thereof with the Secre-
tary of the Treasury to be available for expenditure as provided in
paragraph (b) of this section. The income from any such real prop-
erty or tangible personal property shall be available for expenditure
in the discretion of the Secretary for the maintenance, preservation,
or repair and insurance of such property and any proceeds from in-
surance may be used to restore the property insured. Any such prop-
erty when not required for the operation of the Service or the per-
formance of its functions may be liquidated by the Secretary, and the
proceeds thereof deposited with the Secretary of the Treasury, when-
ever in his judgment the purposes of the gifts will be served thereby.
(e) For the purpose of Federal income, estate, and gift taxes,. any
gift, devise, or bequest accepted by the Secretary under authority of
this Act shall be deemed to be a gift, devise, or bequest to or for the
use of the United States.
PART D AUTHORIZATION TO RETAIN ATTORNEYS
SEC. 1031. The Secretary may, without regard to sections 189 and
365 of the Revised Statutes (5 U.S.C. 49 and 314), authorize a prin-
cipal officer to procure legal services whenever such services are re-
quired for the protection of the interests of the Government or to
enable an officer or employee of the Service to carry on his work
efficiently.
SEc. 1041. (a) The Secretary may delegate to officers or em loyees
holding positions of responsibility in the Department or the Service
or to such boards as he may continue or establish any of the powers
conferred upon him by this Act to the extent that he finds such delega-
tion to be in the interests of the efficient administration of the Service.
(b) The Director General may delegate to officers or employees
holding positions of responsibility in the Department or the Service
any of the powers conferred upon him by this Act to the extent that
he finds such delegation to be in the interests of the efficient adminis-
tration of the Service.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
140 THE FOREIGN SERVICE ACT OF 1946
PART F-ExEM ON 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."
PART G-INTERPRETATION OF THE Acr
SEC. 1061. The provisions of this Act shall be construed liberally
in order to effectuate its purpose.
PROVISIONS THAT MAY BE HELD INVALID
SEC. 1062. If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid, the
validity of the remainder of the Act and the applicability of such 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-AIITHORIzATION FOR APPROPRIATIONS
SEC. 1071. Appropriations to carry out the purposes of this Act are
hereby authorized.
TITLE XI-TEMPORARY PROVISIONS
PART A-TEMPORARY PROVISIONS CONCERNING APPOINTMENTS AND
SALARIES OF OFFICERS AND EMPLOYEES OF THE SERVICE
REINSTATEMENT OF CHIEFS OF MISSION WHO ARE FORMER FOREIGN
SERVICE OFFICERS
SEG. 1101. Any person who on the effective date of this Act is a chief
of mission and who has previously been a Foreign Service officer may
be reinstated as a Foreign Service officer in the class of career minister.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 200MMA , .# DR7c6~Q37Q1A00060MI0019-3
TRANSFER OF FOREIGN SERVICE OFFICERS FROM OLD CLASSES TO NEW CLASSES
SEC. 1102. (a) Foreign Service officers on active service on the effec-
tive date of this Act shall, by virtue of this Act, be transferred from
the classes in which they are serving on such date to the new classes
established by this Act as follows : Officers of class I to the new class 1;
officers of class II to the new class 2; officers of classes III and IV to
the new class 3; officers of classes V and VI, to the new class 4; officers
of classes VII and VIII, to the new class 6; officers in the unclassified
grade, to the new class 6.
(b) Each officer so transferred shall under such regulations as the
Secretary may prescribe receive that salary in the new class which
shall as nearly as possible correspond to his relative standing in the
Service.
(c) Whenever, in accordance with the provisions of paragraph (a)
of this section, the officers in a new class shall be officers who previously
served in two former classes that were combined to form the new
class, the period of minimum service in class for the purposes of deter-
mining eligibility for promotion in accordance with the provisions of
section 622, shall commence to run from the date of their promotion to
the lower of the two classes from which the new class is composed and
from the date of their promotion to the higher of the two classes from
which the new class is composed for the purposes of computing the
minimum period an officer shall serve in a class before the commence-
ment of the period during which he must obtain a promotion in order
to prevent being retired. In all other cases service, in a former class
shall be considered as constituting service in the new class for the
purposes of section 622.
TRANSFER OF OTHER OFFICERS AND EMPLOYEES OF THE SERVICE FROM
THEIR PRESENT POSITIONS TO NEW POSITIONS
SEC. 1103. The Secretary shall, under such regulations as he may
prescribe, provide for the transfer of the personnel of the Service,
other than persons occupying positions which under the terms of this
Act constitute them chiefs of mission and Foreign Service officers, to
corresponding positions established by the terms of this Act or by any
regulations issued pursuant thereto.
SEC. 1104. In making transfers of personnel in accordance with
the provisions of sections 1102 and 1103, credit for time served in a
previous class or position shall be given for the purpose of determin-
ing eligibility for in-class promotions in a new class in the same manner
as if such time had bee served in the new class.
RULES GOVERNING THE MAKING Or SALARY DETERMINATIONS IN CARRYING
OUT AN INITIAL CLASSIFICATION OF THE SERVICE
SEC. 1105. In making the initial classification of the Service for
Foreign Service staff officers and employees in accordance with the
provisions of sections 441 and 442, the following rules shall apply :
(1) The principle of equal compensation for equal work, irrespec-
tive of sex, shall be followed.
Approved For Release 2000/09/11 : CIA-RDP78-03721A000600010019-3
 Approvg2For Rele4?9 ?9 Q9lllfc9I 1QP7Az03721A000600010019-3
(2) If an officer or employee is receiving basic salary at less than
the minimum rate of the class or subclassto which the position he holds
is allocated, his salary shall be increased to the lowest basic salary
of that class or subclass.
(3) If an officer or employee is receiving a basic salary within the
range provided for the class or subclass to which the position he holds
is a located, and at one of the rates within that range, no change shall
be made in his basic salary; if his basic salary rate is within the range
but does not correspond to any one of the rates prescribed for that
range by section 415, his salary shall be adjusted by fixing it at the
next higher rate above the rate which he is receiving.
(4) If an officer or employee is receiving basic salary at a rate in
excess of the maximum basic salary rate provided by section 415 for
the class or subclass to which the position he holds is allocated in
accordance with the provisions of section 1103, he shall not suffer a
diminution in salary as a consequence of the classification of the
position which he holds so long as he continues to occupy that position,
but if he is not receiving salary at one of the rates prescribed in section
415, his salary shall be adjusted by fixing it at the next higher rate
above the rate which he is receiving.
SEC. 1111. (a) Notwithstanding the provisions of section 632 re-
garding the retirement of Foreign Service officers at the age of sixty
years, Foreign Service officers below the class of career minister shall,
during the first year after the effective date of this Act, be manda-
torily retired for age upon reaching the age of sixty-four unless their
services have been extended in accordance with the provisions of sec-
tion 632; during the second year, at age sixty-three; during the third
year, at age sixty-two; during the fourth year, at age sixty-one; and,
thereafter, at age sixty, but in no event shall any Foreign Service
officer be mandatorily retired for age during such four-year period
until he has had fifteen years of service.
(b) No Foreign Service officer shall be mandatorily retired in ac-
cordance with provisions of section 633 or 634 until three years after
the effective date of this Act.
SEC. 1112. The Secretary shall cause annuities of all persons who
are receiving annuities from the Foreign Service Retirement and Dis-
ability Fund on the effective date of this Act to be recomputed in
accordance with the provisions of section 821 (a) and annuities pay-
able to such persons shall, commencing on the effective date of this
Act, be paid at the rates so determined, but no such recomputation or
any other action taken pursuant to this Act shall operate to reduce
the rate of the annuity received by any such person unless such person
voluntarily elects to receive a reduced annuity as provided in section
821(c).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releaser# 80 t1stiOW t ai8-Ma21A0006Qj10019-3
PART C-MISCELLANEOUS TEMPORARY PROVISIONS
BONDS
SEC. 1121. The provisions of this Act shall not operate to impair
the validity of any existing bond furnished by any officer or employee
of the Service.
USE OF APPROPRIATIONS
SEC. 1122. Funds appropriated to the Department of State for
the fiscal year 1947, under the caption "Foreign Service", are hereby
made available for the purposes of this Act in accordance with
authority granted herein and such regulations as the Secretary may
prescribe. The appropriation of such additional funds as may be
required to carry out the provisions of this Act is hereby authorized.
PART D-REPEAL CLAUSES
REPEAL OF PARTICULAR STATUTES
SEC. 1131. (Omitted in this print-see print of Foreign Service Act
as amended.)
GENERAL REPEAL OR AMENDMENT PROVISION
SEC. 1132. Any statute that is not repealed by section 1131 but which
is inconsistent with any of the provisions of this Act shall be con-
sidered as having been amended or superseded by such provisions.
RIGHTS AND LIABILITIES UNDER STATUTES THAT ARE REPEALED
SEC. 1133. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not affect any act done or right
accruing or accrued, or any suit or proceeding had or commenced in
any civil cause, before such repeal, but all rights and liabilities under
the statutes or parts thereof so repealed shall continue, and may be
enforced in the same manner as if such repeal had not been made ;
subject, however, to the provisions of section 1134.
STATUTES PREVIOUSLY REPEALED BY IMPLICATION
SEC. 1134. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not be construed as a revival, up to
the effective date of this Act, of any statute or part of a statute that
may have previously been repealed by implication.
CONTINUANCE IN FORCE OF EXISTING RULES, REGULATIONS, AND
EXECUTIVE ORDERS
SEC. 1135. Notwithstanding the provisions of this Act, existing
rules, regulations of or applicable to the Service, and Executive orders
shall remain in effect until revoked or rescinded or until modified or
superseded by regulations made in accordance with the provisions of
this Act, unless clearly inconsistent with the provisions of this Act.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvelor Relea2gg/IJxvlQ,EW71$.Q3721A000600010019-3
PART E-EFf FcTIvE DATE of ACT
SEC. 1141. The effective date of this Act shall, be three months fol-
lowing the date of its enactment.
Approved August 13, 1946.
APPENDIX XIII
Public Law 73, Eighty-first Congress
(As amended by P.L. 84-250; P.L. P872276; P.L. 85-477; P.L. 85-524; and
[CHAPTER 143-1ST SESSION]
[S. 1704]
AN ACT
To strengthen and improve the organization and administration of the
Department of State, and for other purposes.
'Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, There shall be in the
Department of State in addition to the Secretary of State an Under
Secretary of. State, two Deputy Under Secretaries of State, and eleven
Assistant Secretaries of State.
2 SEC. 2. (a) The Secretary of State and the officers referred to in
section 1 of this Act, as amended, shall be appointed by the President,
by and with the advice and consent of the Senate. The Counselor of
the Department of State and the Legal Adviser who are required to be
appointed by the President, by and with the advice and consent of the
Senate, shall rank equally with and shall receive the same salary as
the Assistant Secretaries of State. Any such officer holding office
at the time the provisions of this Act, as amended, become effective
shall not be, required to be reappointed by reason of the enactment of
this Act, as amended. Unless otherwise provided for by law, the rate
of basic compensation of the Deputy Under Secretaries of States shall
be the same as that of Assistant Secretaries of State.
(b) There is established in the Department of State an Office which
shall be entitled as designated by the President, either Under Secre-
tary of State for Political Affairs or Under Secretary of State for
Economic Affairs which Office shall be filled by appointment by the
President, by and with the advice and consent of the Senate. The
incumbent of such Office shall receive compensation at the rate of
$22,000 a year and shall perform such duties as may be prescribed by
1 P.L. 83-2 (67 Stat. 4) amended section by providing for an Under Secretary of State for
Administration at $17,500 until Dec. 31, 1954. Amended by P.L. 84-250 (69 Stat. 536;
5 U.S.C. 151a) to read as follows : "There shall be in the Department of State in addition
to the Secretary of State an Under Secretary of State, three Deputy Under Secretaries of
State, and ten Assistant Secretaries of State. Sec. 602(j) of P.L. 8".77 (72 Stat. 274)
changed the word "three" to "two". Sec. 1 of P.L. 85-524 (72 Stat. 363) changed the
word "ten" to "eleven".
2 A. amended by P.L. 84-250 (69 Stat. 586; 5 U.S.C. 151b). Subsec. (b) added by
P.L. 85-477 (72 Stat. 274) nd revised by P.L. 86-117 (73 Stat. 263).
[See also Title I of P.L.a84-854 (70 Stat. 736; 5 U.S.C. 2201 of seq) for reference to
basic compensation of officers mentioned in sections 1 and 2 of P.L. 81-73, as amended.]
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A0001600010019-3
THE FOREIGN SERVICE ACT OF 1946
the Secretary of State. Any provision of law vesting authority in the
"Under Secretary of State for Economic Affairs", or any other refer-
ence with respect thereto, is hereby amended to vest such authority
in the Secretary of State.
SEC. 3. The secretary of State, or such person or persons desig-
nated by him notwithstanding the provisions of the Foreign Service
Act of 1946 ('60 Stat. 999) or any other law, except where authority
is inherent in or vested in the President of the United States, shall
administer, coordinate, and direct the Foreign Service of the Jnited
States and the personnel of the State Department. Any provisions
in the Foreign Service Act of 1946, or in any other law, vesting au-
thority in the "Assistant Secretary of State for Administration" the
"Assistant Secretary of State in harge of the Administration of the
Department", the "Director General', or any other reference with
respect thereto, are hereby amended to vest such authority in the
Secretary of State.
8 SEC. 4. The Secretary of State may promulgate such rules and
regulations as may be necessary to carry out the functions now or
hereafter vested in the Secretary of State or the Department of State,
and he may delegate authority to perform any of such functions, in-
eluding if he shall so specify the authority successively to redelegate
any of such functions, to officers and employees under his direction
and supervision.
SEC. 5. The following statutes or parts of statutes are hereby
repealed
Section 200 of the Revised Statutes, as amended, and amplified by
the Acts authorizing the establishment of additional Assistant Secre-
taries of State, including section 22 of the Act of May 24, 1924 (ch.
182, and the Act of December 8, 1944, R.S. 200; 43 Stat. 146; 58
Stat. 79'8; 5 U.S.C. 152, as amended by Public Law 767, Eightieth
Congress).
Section 202 of the Foreign Service Act of 1946 (60 Stat. 1000) and
any other reference in such Act to the "Deputy Director 'General".
section 1041 of the Foreign Service Act of 1946 (60 Stat. 1032).
Approved May 26, 1949.
APPENDIX XIV
Public Law 759, Eighty-third Congress
[PUBLIC LAW 759-93n CONGRESS]
[CHAPTER 1177-2D SESSION]
[H.R. 99101
AN ACT
To amend section 413(b) of the Foreign Service Act of 1946.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 413 (b)
a As amended by see. 11(a) of P.L. 84-726 (70 Stat. 563; 5 U.S.C. 151e) to permit the
redelegation of functions.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved1F?r Release 2000/09/11 : CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946
of the Foreign Service Act of 1946, as amended, is amended to read
as follows :
"(b) A person appointed as a Foreign Service officer of classes 1
through 5, inclusive, shall receive salary at the minimum rate provided
for the class to which he has been appointed, except that until March
31, 1955, not more than five hundred persons may be appointed from
the classified civil service or the Foreign Service reserve or Foreign
Service staff at other than the minimum rate."
Approved August 31,1954.
APPENDIX XV
Public Law 22, Eighty-fourth Congress
[PUBLIC LAW 22-84T11 CONGRESS]
[CIIArTER 23-18T SESSION]
[H.R. 4941]
AN ACT
To amend the Foreign Service Act of 1946, as amended, and. for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Foreign Service Act Amendments of 1.955".
SEC. 2. Section 413 of the Foreign Service Act of 1946, as amended,
is amended to read as follows :
"SEC. 413. A person appointed as a Foreign Service officer shall
receive basic salary at one of the rates of the class to which he is
appointed which the Secretary shall, taking into consideration his
age, qualifications, and experience, determine to be appropriate for
him to receive."
SEC. 3. Section 443 of such Act is amended to read as follows :
"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."
SEC. 4. Section 517 of such Act is amended by striking out the first
sentence and inserting in lieu thereof the following : "A person who
has not served in class 6 shall not be eligible for appointment as a
Foreign Service officer of classes 1 to 5, inclusive, unless he has passed
comprehensive mental and physical examinations prescribed by the
Board of Examiners for the Foreign Service to determine his fitness
and 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 years, the requirement as to service
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11 :CIA-RprP 1
~ '21A0006P4 010019-3
THE FOREIGN SERVI A
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 Congress, not more than one thousand two hundred and
fifty persons who have not served in class 6 may be appointed to classes
1 to 5, inclusive; of such persons, not more than forty may be appointed
who were not employed on March 1, 1955, in the Department, includ-
ing 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 period prior
to appointment."
SEC. 5. Section 522 of such Act is amended by striking out in para-
graphs (1) and (2) the word "four" wherever it appears therein and
inserting the word "five" in lieu thereof; and by striking out in para-
graph (1) the phrase "of a specialized character'
SEc. 6. (a) Section 571 (a) of such Act is amended to read as
follows :
"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, such an assignment or combination of assign-
ments 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) Section 571 is further amended by adding at the end thereof
a new subsection (e) which shall read as follows :
"(e) The salary of an officer or employee assigned pursuant to the
terms of this section shall be paid from appropriations made available
for the payment of salaries of officers and employees of the Service.
Such appropriations may be reimbursed, however, when the Secretary
enters into reimbursement agreements with heads of Government
agencies for all or any part of the salaries of officers or employees
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."
Sm. 7. Sections 633 and 634 of such Act, and the headings thereto
under "Part D", are hereby repealed and the following headings and
sections are hereby enacted in lieu thereof :
"SELECTION-OUT
"SEc. 633. (a) The Secretary shall prescribe regulations concern-
in
"(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 of his class shall be retired from the Service and receive benefits
in accordance with the provisions of section 634.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvef or ReleaME2999/1&~,A~4?D~78 03721 A000600010019-3
"SELECTION-OUT BENEFITS
"SEC. 634. (a) Any Foreign Service officer in classes 1, 2, or 3 who
is retired from the Service in accordance with the provisions of section
633 shall receive retirement benefits in accordance with the provisions
of section 821.
"(b) Any Foreign Service officer in classes 4 or 5 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, in the three equal
installments on the 1st of January following the officer's retire-
ment and on the two anniversaries of this date immediately
following; 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 class 4
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 class 5 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 Aervice Retirement and Disability Fund, with interest
thereon at 4 per centum, compounded annually, shall be paid in
accordance with the provisions of section 841.
"(c) Notwithstanding the provisions of section 3477 of the Revised
Statutes, as amended (31 U.S.C. 203) or the provisions of any other
law, a Foreign Service officer who is retired in accordance with the
provisions of section 633 shall have the right to assign to any person
or corporation the whole or any part of the benefits receivable by him
pursuant to paragraph (b) (1) of this section. Any such assignment
shall be on a form approved by the Secretary of the Treasury and a
copy thereof shall be deposited with the Secretary of the Treasury
by the officer executing the assignment."
SEC. 8. (a) Section 852(a) (2) of such Act is amended by inserting
"Air Force," after "Marine Corps,".
(b) Section 852(b) of such Act is amended by deleting the period
at the end of the first sentence thereof and adding the following :
66 , 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.".
(c) A special contribution to the Foreign Service Retirement and
Disability Fund made by any participant on or after April 1, 1948
for the purpose of obtaining service credit in accordance with the
provisions of section 852(a) (2) of the Foreign Service Act of 1946
for periods of active military or naval service in the Army, Navy,
Marine Corps, Air Force, or Coast Guard of the United States shall
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release ;HE"'NAWIII ft1 7?T0lla1 A00060QV10019-3
be refunded. Such refund shall not include any interest covering
the period such special contribution, or any part thereof, was on
deposit in the fund.
SEC. 9. (a) Section 853 of such Act is amended by striking out the
period at the end of the first sentence thereof and adding the following
clause : ", 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."
(b) Section 853 is further amended by striking out the last sentence
of that section.
SEC. 10. (a) Section 901(2) of such Act is amended by striking, out
the phrase "his post of assignment" at the end of paragraph (ii) of
that section and substituting in lieu thereof the phrase "any post of
assignment abroad or at a post of assignment in the continental United
States between -as assignments to posts abroad".
(b) Section 9012) is further amended by adding at the end there-
of a new paragraph (iv) which shall read as follows:
"(iv) that extraordinary and necessary expenses, not other-
wise 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 education for his dependents;
allowances under this subparagraph for any post shall not exceed
the cost of obtaining such educational services as are ordinarily
pprovided 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 avail-
able; 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) ;".
SEC. 11. Section 911 of such Act is amended by changing the period
in paragraph (8) to a semicolon and by adding at the end of the
section tie following new paragraph :
"(9) the travel expenses incurred by an officer or employee of
the Service who is assigned to a foreign post, in transporting
dependents to and from United States ports of entry designated
by the Secretary, to obtain an American secondary or college edu-
cation, not to exceed one trip each way for each dependent for
the purpose of obtaining each type of education."
SEC. 12. Section 943 of such Act is amended by adding the phrase
", and their dependents" after the words "United States and before
the comma, and again at the end of the section immediately before
the period.
SEC. 13. Sections 432(c), 804, and 864 of such Act are amended re-
spectively as follows:
(1) Section 432(c) is amended by striking out the phrase "or 634"
in the third sentence thereof.
2) Section 1804 is amended by striking out "633,".
(3) Section 864 is amended by striking out "634(b)" at the end of
the section and inserting "634(c)" in lieu thereof.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve For Relei aQQM9 LllbiQlATP RZ$o.03721A000600010019-3
Src. 14. Notwithstanding the provisions of this Act, existing rules,
regulations of or applicable to the Foreign Service of the United.
States shall remain in effect until. revoked or rescinded or until modi-
fied or superseded by regulations made in accordance withthe provi-
sions of this Act, unless clearly inconsistent with the provisions of
this Act.
Approved April 5,1955.
Public Law 250, Eighty-fourth Congress
[Pu13I,ia LAw 250-84Tx CONGRESS]
[CHAPTER 576-1sT SESSION]
[S. 2237]
AN Aar
To amend the Act of May 26, 1949, to strengthen and improve the organization
of the Department of State, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1 of
the Act of May 26, 1949 (63 Stat. 111; 5 U.S.C. 151(a) ), is hereby
amended to read as follows :
"There shall be in the Department of State in addition to the Sec-
retary of State an Under Secretary of State, three Deputy Under
Secretaries of State, and ten Assistant Secretaries of State.'
SF:c. 2. Section 2 of said Act is hereby amended to read as follows :
"The Secretary of State and the officers referred to in section 1
of this Act, as amended, shall be appointed by the President, by
and with the advice and consent of the Senate. The Counselor of
the Department of State and the Legal Adviser who are required
to be appointed by the President, by and with the advice and consent
of the Senate, shall rank equally with and shall receive the same
salary as the Assistant Secretaries of State. Any such officer holding
office at the time the provisions of this Act, as amended, become
effective shall not be required to be reappointed by reason of the
enactment of this Act, as amended. Unless otherwise provided for
by law., the-rate of basic compensation of the Deputy Under Secretaries
of State shall be the same as that of Assistant Secretaries of State."
Src. 3. The President may initially fill two of the Deputy Under
Secretary positions established in section 1 of this Act by appointing,
without further advice and consent of the Senate, the two Deputy
Under Secretaries of State who, on the date of the enactment of this
Act, held that designation pursuant to authority contained in section 2
of the Act of May 26, (63 Stat. 111)SEC. 4. Section 412 of the Foreign Service Act of 1946 (60 Stat.
999), as amended (hereinafter referred to as "such Act"), is amended
by striking the first sentence of said section and by inserting in lieu
thereof the following : "There shall be eight classes of Foreign Serv-
ice officers, including the classes of career ambassador and of career
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 000/091 trAC --RDPY81-09721A000660010019-3
minister. The per annum salary of a career ambassador shall be the
same as that for an Assistant Secretary of State."
SEc. 5. Section 501 (a) of such Act is amended by adding the phrase
"career ambassadors and" immediately following the word "includ-
inm"
ISEC. 6. Section 502(a) of such Act is amended by inserting the
phrase "class of career ambassador and" immediately following the
phrase "qualified for appointment to the", and by adding the follow-
ing sentence at the end of said subsection : "No person shall be ap-
pointed into the class of career ambassador who has not (1) served
for at least fifteen years in a position of responsibility in a Govern-
ment 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."
SEC. 7. Section 518 of such Act is amended by inserting the words
"career ambassador or" immediately following the phrase "to the
class of".
SEc. 8. Section 631 of such Act is amended by inserting the words
"a career ambassador or" immediately after the words "who is".
SEC. 9. Section 632 of such Act is amended by inserting the words
"a career ambassador or" immediately following the words "who is
not".
SEC. 10. (a) Section 811(a) of such Act is amended by striking
out "811. (a)' and inserting "811." in lieu thereof and by striking out
the phrase "of all participants" and inserting in lieu thereof the
words "received by each participant".
(b) Section 811(b) of such Act is hereby repealed.
SEC. 11. Section 821(a) of such Act is amended by striking the
phrase ", not exceeding $13,500 per annum." and "five years next pre-
ceding the date of his retirement" and inserting the phrase "highest
five consecutive years of service, for which full contributions have
been made to the fund," immediately preceding the phrase "multi-
plied by".
Approved August 5,1955.
APPENDIX XVII
,Public Law 828, Eighty-fourth Congress
[PUBLIC LAW 828-84TH CCNoREss]
[CHAPTER 770---2n SESSION
[S. 34811
(AN ACT)
To amend the Foreign Service Act of 1946, as amended, and for other purposes.
Be it emoted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Foreign Service Act Amendments of 1956".
SE c. 2. Section 411 of the Foreign Service Act of 1946, as amended
is amended by striking out the second sentence of that section and
substituting in lieu thereof the following : "The per annum salaries of
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvedl5Por Releasw2OOOI 11 v(C 78aO6721A000600010019-3
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."
SEC. 3 Section 412 of such Act is amended to read as follows :
"SEC. 412. There shall be ten classes of Foreign Service officers, in-
eluding the classes of career ambassador and of career minister. The
per annum salary of a career ambassador shall be $20,000. The per
annum salary of a career minister shall be $17,500. The per annum
salaries of Foreign Service officers within each of the other classes
shall be as follows :
Class 1-------------------------------------
$14,600
$15,000
$15,400
$15,800
$16,200
$16,600
$17,000
Class 2------------------------------------
12,600
12,900
13,200
13,500
13,800
14,100
14,400
Class 3-------------------------------------
10,600
10,900
11,200
11,500
11,800
12,100
12,400
Class 4-------------------------------------
9,000
9,250
9,500
9,750
10,000
10,250
10,500
Class 5-------------------------------------
7,400
7,650
7,000
8,150
8,400
8,660
8,900
Class 6_____________________________________
6,100
6,300
6,600
6,700
6,900
7,100
7,800
Class 7-------------------------------------
5,100
5,250
5,400
5,550
5,700
5,860
6,000
Class 8-------------------------------------
4,300
4,450
4,600
4,750
4,900
5,050
5,200
5, 350."
SEC. 4. Section 414(a) of such Act is amended by striking out the
word "six" and inserting the word "eight" in lieu thereof ; and by
striking out the number 4" and inserting in lieu thereof the number
SEC. 5. Section 516 of such Act and the heading thereto is amended
by striking the words "class 6" wherever they appear therein and
inserting the words "class 8" in lieu thereof.
SEC. 6. Section 517 of such Act and the heading thereto is amended
by striking the heading thereto and substituting in lieu thereof "Ad-
mission to classes Ito 7, inclusive"; by striking in the aforementioned
section the number "6" wherever it appears therein and inserting in
lieu thereof the number "8"; by striking out in the aforementioned
section the number "5" wherever it appears therein and inserting in
lieu thereof the number "7"; and by striking out the word "forty" and
inserting in lieu thereof the words "one hundred and seventy-five";
by inserting before the period at the end of the second sentence the
following : "as a Foreign Service officer"; and by adding after the
second sentence a new sentence which shall read as follows : "Not-
withstanding the above provisions of this section, the limitation on
the maximum number 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 there-
after has served in a position of responsibility in such capacity for
the required period prior to appointment as a Foreign Service officer."
SEC. 7. Section 634(b) of such Act is amended by striking the
words "classes 4 or 5", and inserting in lieu thereof the words "classes
4, 5, 6 or 7"; by striking the words "class 4" and inserting in lieu
thereof the words "classes 4 or 5"; and by striking the words `class 5"
and inserting in lieu thereof the words "classes 6 and 7".
SEC. 8. Section 635 of such Act and the heading thereto and section
637(a) of such Act are amended by striking the number "6" wher-
ever it appears therein and by inserting in lieu thereof the number "8".
SEC. 9. (a) Section 821 (a) of such Act is amended by striking the
word "thirty" and inserting in lieu thereof the word "thirty-five", and
by inserting after the first sentence the following new sentence: "How-
ever, 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 who serves as chief of mission and whose
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releas gO LQ lli4*-Bpgj7$ ;721A000@,W010019-3
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."
(b) Section 821 (b) of such Act is amended by striking the phrase
"for the five years next preceding his retirement" and inserting in lieu
thereof "as computed in accordance with subsection (a) of this sec-
tion,"
Src. 10. Section 871 of such Act is amended by striking the word
"thirty" and inserting in lieu thereof the word "thirty-five".
Snc. 11. Section 902 of such Act is amended to read as follows:
"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."
Snc. 12. (a) Section 921 of such Act is amended (1) by inserting
"(a)" immediately after "Snc. 921.", (2 by striking out "and pur-
suant to appropriations therefor,", and (3) by amending the proviso
in the second sentence to read as follows : "Provided, That an amount
equal to the amount expended for such services shall be covered into
the Treasury as miscellaneous receipts."
(b) Section 921 of such Act is further amended by adding at the
end thereof the following new subsections :
"(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 sup-
plies furnished to such a service or facility abroad by any Government
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
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApprovecyFp)r Releas 20, 941IE QARDgi7$ _3721A000600010019-3
employees who are American citizens, and their dependents, to and
from recreation facilities when public transportation is unsafe or is
not available."
SEC. 13. Section 941 of such Act is amended to read as follows :
"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 simi-
lar 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
hospitalization or similar treatment, and which is not the result of
vicious habits, intemperance, or misconduct on his part, the Secretary
may, in accordance with such regulations as he may prescribe, pay
for that portion of the cost of treatment of each such illness or injury
that exceeds a $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
protection plan authorized in subsections (a) and (b) of this section
has been obtained, as determined by the Secretary, and if he con-
siders 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 ap-
propriate, and within the limits prescribed in such subsections, con-
tract for medical care pursuant to such arrangements, insurance, med-
ical service, or health plans as he may deem appropriate."
SEC. 14. (a) Section 942(a) of such Act is amended to read as
follows :
"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 ill-
ness or injury requiring hospitalization, not the result of vicious
habits, intemperance or misconduct, while stationed abroad in a local-
ity where there does not exist a suitable hospital or clinic, the Secre-
tary 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 Govern-
ment Travel Regulations and section 10 of the Act of March 3, 1933,
as amended (60 Stat. 808, 5 U.S.G. 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 is too ill to travel unattended,
the Secretary may also pay the round-trip travel expenses of an
attendant or attendants."
(b) Section 942(b) of such Act is amended by inserting the words
"a physician" and a comma immediately following the phrase "the
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releases?0p Q 1&kQA- ,P 7Q. 721 A000fQ,9010019-3
services of"; and by inserting immediately following the words "a
nurse" a comma and the phrase "or other medical personnel."
SEC. 15. Section 943 of such Act is amended to read as follows :
"PHYSICAL EXAMINATIONS AND COSTS OF INOCULATIONS
"SEC. 943. The 'Secretary shall, under such regulations as he may
prescribe, provide for physical examinations for applicants for em-
ployment and for officers and employees of the Service who are citi-
zens of the United States, and for their dependents, including exam-
inations necessary to establish disability or incapacity in accordance
with the provisions of section 831, and shall provide for administering
inoculations or vaccinations to such officers and employees and their
dependents."
SEC. 16. (a) Foreign Service officers presently serving in the class
of career ambassador and the class of career minister shall receive the
salary prescribed for career ambassadors and for career ministers, re-
spectively, by section 412 of such Act, as amended.
(b) Foreign Service officers and Reserve officers in the other classes
shall be transferred to the new classes established by section 412 of
such Act, as amended, as follows : Officers of class 1 to the new class
1; officers of class 2 to the new class 2; officers of class 3 to the new
class 3; officers of class 4 to the new classes 4 or 5 as determined by
the Secretary, in accordance with the second sentence of this subsec-
tion ; officers of class 5 to the new class 6; and officers of class 6 to the
new class 7. In accordance with such regulations as the Secretary
may prescribe there shall be transferred to the new class 4 those offi-
cers of the present class 4 who either are receiving the sixth through
the eighth step rates of the present class 4 or who were eligible and
were recommended for promotion by the selection board next pre-
ceding the effective date of this Act. All remaining officers in the
present class 4 shall be transferred to the new class 5.
(c) Each officer transferred pursuant to paragraph (b) of this sec-
tion shall, under such regulations as the Secretary may prescribe, re-
ceive basic salary at that one of the rates of the class to which he is
transferred which shall, as nearly as possible, correspond to the salary
he is receiving at the time of transfer, except that no officer shall suffer
a reduction in basic salary as a result thereof.
(d) Service in a former class shall be considered as constituting serv-
ice in the new class for the purposes of determining (1) eligibility for
promotion, in accordance with the provisions of section 622, and (2)
liability for separation, in accordance with the provisions of section
633. Officers who are transferred to new class 7 in accordance with
paragraph (b) of this section shall continue to occupy probationary
status pursuant to section 635.
(e) Officers transferred in accordance with the provisions of this
section shall receive credit for time served in a, previous class toward
in-class promotion in accordance with section 625.
(f) The class and salary adjustments made pursuant to paragraphs
(a),. (b), and (c) of this section and the salary increases for chiefs
of: mission authorized by section 2 of this Act shall be made effective
as of the first day of the first pay period which begins after the date
of enactment of this Act or on the first day of the first pay period which
begins after July 1, 1956, whichever shall be later.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApproveqJor Releas&i2QQQ {1S1 P5 7QgQ3721A000600010019-3
. SEC. 17. A new section 936 is hereby added to such Act as follows:
"SEC. 936. The Annual and Sick Leave Act of 1951, .as amended
(5 U.S.C. 2061 and the following), shall apply to career ministers
and Foreign Service officers, who are not serving as chiefs of mission
or who are not serving in a position in the Department which requires
appointment by the President, by and with the advice and consent of
the Senate, and to Foreign Service Reserve officers who are commis-
:sioned as diplomatic or consular officers, or both, in accordance with
section 524 of the Foreign Service Act of 1946, as amended, notwith-
:standing the provisions of section 202(c) (1) (A) of the Annual and
,Sick Leave Act of 1951, as amended.
SEC. 18. Notwithstanding the provisions of this Act, existing rules,
-regulations of or applicable to the Foreign Service of the United
:States shall remain in effect until revoked or rescinded or until modi-
fied or superseded by regulations made in accordance with the provi-
sions of this Act, unless clearly inconsistent with the provisions of
:this Act.
Approved July 28,1956.
APPENDIX XVIII
[PIIBLIC LAw 885-84TZ3 CONGRESS]
[CHAPTER 841-2D SESSION]
IS. 2569]
AN ACT
To provide certain basic authority for the Department of State.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of State is authorized to establish, maintain, and operate passport and
despatch agencies.
SEC. 2. The Secretary of State, when funds are appropriated there-
for, may-
(a) provide for printing and binding outside the continental
United States without regard to section 11 of the Act.of March
1,1919 (44 U. S.C.111) ;
4(b) for the purpose of promoting and maintaining friendly
relations with foreign countries through the prompt settlement of
certain claims, settle and pay any meritorious claim against the
United States which is presented by a government of a foreign
country for damage to or loss of real or personal property of, or
personal injury to or death of, any national of such foreign coun-
try : Provided, That such claim is not cognizable under any other
Former sec. 2(b) was repealed by P.L. 86-707 (74 Stat. 800) and its provisions incor-Fore
n Se
22 was added by sec 402 P.L. 87-565 (176 Stat 2ice 63;5 U. S.C. 170g)1136(4)). New see. 2(b)
d
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721 A000600010019-3
THE FOREIGN SERVICE ACT OF 1946
statute or international agreement of the United States and can
be settled for not more than $15,000 or the foreign currency
equivalent thereof.
C) employ aliens, by contract, for 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 operations abroad.
SEC. 3. The Secretary of State is authorized to-
(a) obtain insurance on official motor vehicles operated by the
Department of State in foreign countries, and pay the expenses
incident thereto;
(b) rent tie lines and teletype equipment;
(c) provide ice and drinking water for United States Em-
bassies and Consulates abroad;
(d) pay excise taxes on negotiable instruments which are nego-
tiated by the Department of State abroad;
' (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 Department of State;
(f) pay expenses incident to the relief, protection, and burial
of American seamen, and alien seamen from United States vessels
in foreign countries and in the United States Territories and
possessions;
(g) pay the expenses incurred in the aclmowledgment of the
services of officers and crews of foreign vessels and aircraft in
rescuing American seamen, airmen, or citizens from shipwreck or
other catastrophe abroad or at sea;
(h) rent or lease, for periods of less than ten years, such offices,
buildings grounds, and living quarters for the use of the Foreign
Service abroad as he. may deem necessary, and make payments
therefor in advance; and
(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.
SEC. 4. 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 authorized
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 certification
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 : Pro-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approver' or Release 2000/09/11: CIA-RDP7q-9372IA000600010019-3
,~ THE FOREIGN SERVICE ACT OF 1 4
vided, That this subsection shall not be construed as granting au-
thority to accept membership for the United States in any inter-
national organization, or to participate in the activities of any
international organization for more than one year without ap-
proval 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 interna-
tional 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.
SEe. 7. The exchange allowances or proceeds derived from the ex-
change or sale of passenger motor vehicles in possession of the For-
eign Service aboard, in accordance with section 201(c) of the Act
of June 30, 1949 (40 U.S.C. 481(c) ), 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.
SEC. 9. The Secretary of State is authorized to enter into contracts
in foreign countries involving expenditures from funds appropriated
or otherwise made available to the Department of State, without
regard to the provisions of section 3741 of the revised Statutes (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 available 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 goods, or automobiles of such
personnel shall be available for such expenses when any part of such
travel or transportation begins in one fiscal year pursuant to travel
orders issued in that year, notwithstanding the fact that such travel
or transportation may not be completed during that same fiscal year.
5 SEC. 11. Notwithstanding the provisions of section 16 (a) of the
c As amended by P.L. 86-723 (74 Stat. 847 ; 5 U.S.C. 107p).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release O P o ~11E ~1~41 PI 78- 721A000q
010019-3
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 transportation of United States Government employees from their resi-
dence to the office and return when public transportation facilities
other than taxicabs are unsafe or are not available.
SE c. 12. The Secretary of State, with the approval of the Bureau of
the Budget, shall prescribe the maximum rates of per diem in lieu of
subsistence (or of similar allowances therefor) 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.
6 SEc.13. (Repealed by P.L. 86-707, 74 Stat. 800).
13 SEC. 14. (Repealed by P.L. '86-707, 74 Stat. 800).
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.
APPENDIX XIX
[PUBLIC LAw 86-707]
[86'rII CONGRESS, H.R. 7758]
[September 6, 1960]
AN ACT
To improve the administration of overseas activities of the Government of the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That title I to V,
inclusive, of this Act may be cited as the "Overseas Differentials and
Allowances Act".
TITLE I-PURPOSE AND DEFINITIONS
PART A-PURI'OSR
SEC. 101. The. Congress hereby declares that it is the purpose of this
Act to improve and strengthen the administration of overseas ac-
tivities of the Government by-
(1) providing a means for more effectively compensating Gov-
ernment employees for the extra costs of hardships incident to
their assignments overseas,
(2) provided for the uniform treatment of Government em-
ployees stationed overseas to the extent justified by relative con-
ditions of employment, .
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApprovegFjor Release( p 1' R lpp,7$99~721A000600010019-3
(3) establishing the basis for the more efficient and equitable
administration of the laws compensating Government employees
for the extra costs and hardships incident to their assignments
overseas, and
(4) facilitating for the Government the recruitment and re-
tentidn of the best qualified personnel for civilian service over-
seas.
PART B--DEFINITIONS
SEC. 111. As used in this title, title II, and section 522 of title V,
the term-
(1) "Government" means the Government of the United States of
America;
(2) "Government agency" means (A) each executive department
of the Government, (B) each independent establishment or agency
in. the executive branch of the Government, including each corporation
wholly owned (either directly or through one or more corporations)
by the Government, (C) the General Accounting Office, and (D) the
Library of Congress;
(3) "Employee" means an individual employed in the civilian serv-
ice of a Government agency and more specifically defined in reg-
ulations prescribed by the 7 President, but including ambassadors,
ministers, and officers of the Foreign Service of the United States
under the Department of State;
(4) "United States", when used in a geographical sense, means the
several States of the United States of America and the District of
Columbia ;
(5) "Continental United States" means the several States of the
United States of America, excluding Alaska and Hawaii but including
the District of Columbia; and
(6) "Foreign area" means any area (including the Trust Territory
of the Pacific Islands) situated outside the United States, the Com-
monwealth of Puerto Rico, the Canal Zone, and the possessions of the
United States.
TITLE II-ALLOWANCES AND DIFFERENTIALS IN
FOREIGN AREAS
PART A-GENERAL PROVISIONS
SEC. 201. Notwithstanding section 1765 of the Revised Statutes
(5 U.S.C. 70), the allowances and differentials provided by this title
are authorized for and may be granted only to an employee officially
stationed in a foreign area unless otherwise provided in this title--
(1) who is a citizen of the United States, and
(2) whose rate of basic compensation is fixed by statute or,
without taking into consideration the allowance and differentials
provided by this title, is fixed by administrative action pursuant
to law or is fixed administratively in conformity with rates paid
by the Government for work of a comparable level of difficulty
and responsibility in the continental United States,
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 0 Q t1 sng)ApRPP78-9 721 A0006gg910019-3
except that such allowances and differentials may be paid to an em-
ployee officially stationed in a foreign area who is not a citizen of the
United States to the extent that the payment of such allowances and
differentials to such noncitizen employee is authorized by any pro-
vision of law other than this title.
SEC. 202. Allowances granted under this title may be paid in ad-
vance, or advance of funds may be made therefor, through the proper
disbursing officer in such sums as may be deemed advisable in con-
sideration of the need and the period of time during which expendi-
tures must be made in advance by the employee or employees. Any
advance of funds not subsequently covered by allowances accrued to
the employee or employees under this title shall be recoverable by the
Government by setoff against accrued salary, pay, compensation,
amount of retirement credit, or other amount due from the Govern-
ment to such employee or employees and by such other method as may
be provided by law for the recovery of amounts owing to the Govern-
ment.
The head of the Government agency concerned may, in accordance
with regulations of the a President, waive in whole or in part any right
of recovery under this section, if it is shown that such recovery would
be against equity and good conscience or against the public interest.
SEC. 203. The allowances and differentials authorized by this title
shall be paid in accordance with regulations prescribed by the 8 Presi-
dent establishing rules governing payments thereof and the respec-
tive rates at which such payments shall be made, the foreign areas, the
groups of positions, and the categories of employees to which such
rates shall apply, and other related matters.
PART B-QUARTERS ALLOWANCES
SEC. 211. Whenever Government-owned or Government-rented quar-
ters are not provided without charge for an employee in a foreign
area, one or more of the following quarters allowances may be granted
to such employee where applicable :
(1) A temporary lodging allowance for the reasonable cost of tem-
porary quarters incurred by the employee and his family (A) for a
period not in excess of three months after first arrival at a new post
of assignment in a foreign area or a period ending with the occupation
of residence quarters, whichever shall be shorter, and (B) for a period
of not more than one month immediately preceding final departure
from the post subsequent to the necessary evacuation of residence
quarters;
(2) A living quarters allowance for rent, heat, light, fuel, gas,
electricity, and water, without regard to the limitations of section
3648 of the Revised Statutes, as amended (31 U.S.C. 529) ; and
(3) Under unusual circumstances payment or reimbursement for
extraordinary, necessary, and reasonable expenses, not otherwise com-
pensated for, incurred in initial repairs, alterations, and improve-
ments to an employee's privately leased residence at a post of assign-
ment in a foreign area, if such expenses are administartively approved
in advance and if the duration and terms of the lease justify payment
of such expenses by the Government.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApprovgO; or Relea. 21QQQWA vI(QIAeRDPI8403721A000600010019-3
PART C-COST-or-LIVING ALLOWANCES
SEC. 221. The following cost-of-living allowances may be granted,
where applicable, to an employee in a foreign area :
(1) A post allowance to offset the difference between the cost of
living at the post of assignment of the employee in a foreign area
and the cost of living in Washington, District of Columbia;
(2) A transfer allowance for extraordinary, necessary, and reason-
able expenses, not otherwise compensated for, incurred by an em-
ployee incident to establishing himself at any post of assignment in
a foreign area or at a post of assignment in the United States between
assignments to posts in foreign areas;
(3) A separate maintenance allowance to assist an employee who
is compelled, by reason of dangerous, notably unhealthful, or exces-
sively adverse living conditions at his post of assignment in a foreign
area or for the convenience of the Government, to meet the additional
expense of maintaining, elsewhere than at such post, his wife or his
dependents, or both;
(4) An educational allowance or payment of travel costs to assist an
employee with the extraordinary and necessary expenses, not other-
wise compensated for, incurred by reason of his service in any foreign
area or foreign areas in providing adequate education for his depend-
ents, as follows :
(A) An allowance not to exceed the cost of obtaining such elementary and secondary educational services as are ordinarily provided
without charge by the public schools in the United States, plus, in
those cases where adequate schools are not available at the employee's
post, board and room, and periodic transportation between such post
and the nearest locality, where adequate schools are available, without
regard to the limitations of section 3648 of the Revised Statutes, as
amended (31 U.S.C. 529) ; but the amount of the allowance granted
shall be determined on the basis of the educational facility used;
(B) The travel expenses of dependents of an employee to and from
a school in the United States to obtain an American secondary or
undergraduate college education, not to exceed one trip each way for
each dependent for the purpose of obtaining each type of education;
but no allowance payments under subparagraph (A) of this para-
graph (4) shall be made for any dependent during the twelve months
following his arrival in the United States for secondary education
pursuant to authority contained in this subparagraph (B). Not-
withstanding section 111(6) of this Act, travel expenses, for the pur-
pose of obtaining undergraduate college education, may be author-
ized under this subparagraph (B), under such regulations as the
9 President may prescribe, for dependents of employees who are citi-
zens of the United States stationed in the Canal Zone.
SEC. 231. A post differential. may be granted on the basis of condi-
tions of environment which differ substantially from conditions of
environment in the continental United States and warrant additional
compensation as a recruitment and retention incentive. Such differen-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releasai2000/09/iftz -RDR B4?3s721A0006 10019-3
tial also may be granted to any employee who is officially stationed in
the United States who is on extended detail in a foreign area. Addi-
tional compensation paid as a post differential shall not in any instance
exceed 25 per centum of the rate of basic compensation.
PART A-STORAGE
SEO. 301. (a) Paragraphs (4) and (5) of section 911 of the Foreign
Service Act of 1946 (22 U.S.C. 1136 (4) and (5)) are amended to read
as follows :
"(4) the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Service, when
he is absent from his post of assignment under orders or when
he is assigned to a post to which he cannot take or at which is he
unable to use such furniture and household and personal effects,
or when it is in the public interest or more economical to authorize
storage; but in no instance shall the weight or volume of the effects
stored together with the weight or volume of the effects
transported exceed the maximum limitations fixed by regulations,
when not otherwise fixed by law ;
"(5) the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Service in
connection with assignment or transfer to a new post, from the
date of his departure from his last post or from the date of his
departure from his place of residence in the case of a new officer
or employee and for not to exceed three months after arrival at
the new post, or until the establishment of residence quarters,
whichever shall be shorter; and in connection with separation
of an officer or employee of the ?ervice, the cost of packing and
unpacking, transporting to and from a place of storage, and
storing for a period not to exceed three months, his furniture and
household and personal effects; but in no instance shall the weight
or volume of the effects stored together with the weight or
volume of the effects transported exceed the maximum limita-
tions fixed by regulations, when not otherwise fixed by law."
(b) Paragraphs (1) and (D) and (E) of section 4 of the Central
Intelligence Agency Act of 1949 (63 Stat. 209, 72 Stat. 337; 50 U.S.C.
403e(a) (1) (D) and (E)) are amended to read as follows :
"(D) pay the cost of packing and unpacking, transporting to
and from a place of storage, and storing the furniture and house-
hold and personal effects of an officer or employee of the Agency;
when he is absent from his post of assignment under orders, or
when he is assigned to a post to which he cannot take or at which
he is unable to use such furniture and household and personal
effects, or when it is in the public interest or more economical to
authorize storage; but in no instance shall the weight or volume
of the effects stored together with the weight or volume of the
effects transported exceed the maximum limitations fixed by regu-
lations, when not otherwise fixed by law;
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved or ReleaWl2gQWQ W*tl]ivptAARD(FF7?~fQ3721A000600010019-3
"(E) pay the cost of packing and unpacking, transporting to
and from a place of storage, and storing the furniture and house-
hold and personal effects of an officer or employee of the Agency
in connection with assignment or transfer to a. new post, from
the date of his departure from his last post or from the date of
his departure from his place of residence in the case of a, new
officer or employee and for not to exceed three months. after ar-
rival at the new post, or until the establishment of residence
quarters, whichever shall be shorter; and in connection with sepa-
ration of an officer or employee of the Agency, the cost of packing
and unpacking, transporting to and from a place ofstorage, and
storing for a period not to exceed three months, his furniture and
household and personal effects; but in no instance shall the weight
or volume of the effect stored together with the weight or volume
of the effects transported exceed the maximum limitations fixed by
regulations, when not otherwise fixed by law.
10(c) The first section of the Administrative Expenses Act of 1946
(60 Stat. 806), as amended (5 U.S.C. 78b-1), is amended-
(1) by striking out "(not to exceed seven thousand pounds if
uncrated or eight thousand seven hundred and fifty pounds if
crated or the equivalent thereof when transporting charges are
based on cubic measurement)" in subsection (a) of such see-
tion and inserting in lieu thereof "(not to exceed seven thou-
sand pounds net weight)"; and
(2) by adding at the end of such section the following new
subsection:
"(e) Whenever any civilian officer or employee (including any new
appointee in accordance with section 7 of this Act) is assigned to a
permanent duty station outside the continental United States to
which he cannot take or at which lie is un..ble to use his household
goods and personal effects or whenever the head of the department
concerned authorizes storage of any such property in the public in-
terest or for reasons of economy, storage expenses (including re-
lated transportation and other expenses) may be allowed such oilier
or employee in accordance with regulations prescribed by the Presi-
dent; but in no instance shall the weight of the property stored under
this subsection, together with the weight of property transported un-
der subsection (a), exceed the maximum weight limitation provided
by subsection (a)."
10(d) The term "furniture and household and personal effects", as
used in the amendments made by this part to the Foreign Service
Act of 1946, as amended, and the Central Intelligence Agency Act
of 1949, as amended, and the term "household goods and personal
effects, as used in the amendments made by this part of the Adminis-
trative Expenses Act of 1946, as amended, mean such personal prop-
erty of an employee and the dependents of such employee as the
Secretary of State and the Director of Central Intelligence, as the
case may be, with respect to the term "furniture and household and
personal effects", and the President, with respect to the term "house-
hold goods and personal effects", shall by regulation authorize to be
transported or stored under the amendments made by this part to such
Acts (including, in emergencies, motor vehicles authorized to be
00 See H.O. 10530, as amended by E.O. 10903, relating to performance of certain functions
by the Bureau of the Budget.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946 165
shipped at Government expense). Such motor vehicle shall be ex-
cluded from the weight and volume limitations prescribed by the laws
set forth in this part.
PART I3-OFFICIAL RESIDENCE EXPENSES
SEC. 311. (a) The Administrative Expenses Act of 1946 (60 Stat.
806), as amended, is amended by adding at the end thereof the fol-
loveing new section :
"SEC. 22. Under such regulations as the 11 President may prescribe,
funds available to the departments for administrative expenses play
be allotted to posts in -foreign countries for the purpose of defraying
the unusual expenses incident to the operation and maintenance of
official residences suitable for the chief representatives of the United
States at such posts and such other senior officials of this Governiiient
in foreign countries as the President may designate."
(b) Section 8 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287e), is amended by striking out "and the allot-
ment of funds, similar to the allotment authorized by section 902 of
the Foreign Service Act of 1946, for unusual expenses incident to the
operation and maintenance of such living quarters, to be accounted
for in accordance with section 903 of said Act;" and inserting in lieu
thereof "and unusual expenses similar to those authorized by section
22 of the Administrative Expenses Act of 1946, as amended by section
311 of the Overseas Differentials and Allowances Act, incident to the
operation and maintenance of such living quarters;".
PART C-TRANSPORTATION OF MOTOR VEHICLES
SEC,. 321. The first section of the Administrative Expenses Act of
1946 (60 Stat. 806), as amended (5 U.S.C. 73b-1), is amended by add-
ing thereto, immediately following the new subsection (e) added to
such first section by section 301 (c) of this Act, the following new
subsection :
"(f) Under such regulations as the 12 President may prescribe, the
privately owned motor vehicle of any employee (including any new
appointee, in accordance with section 7 of this Act) assigned to a post
of duty outside the continental United States on other than temporary
duty orders may be transported to, from, and between the continental
United States and such post of duty, or between posts of duty outside
the continental United States, whenever it is determined by the head
of the department concerned to be in the interest of the Government
for such employee to have the use of a motor vehicle at his post of
duty. Not more than one motor vehicle of any employee may be
transported under authority of this subsection during any four-year-
period, except that, as a replacement for such motor vehicle, one addi-
tional motor vehicle of any employee may be so transported during
such period upon approval, in advance, by the head of the department
concerned and upon a determination, in advance, by such department
head that such replacement is necessary for reasons beyond the con-
trol of the employee and is in the interest of the Government. After
11 Authority delegated to. the Secretary of State by E.O. 10903.
12 See E.O. 10530, as amended by E.O. 10903, relating to performance of certain functions
by the Bmreau of the Budget.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
166 THE FOREIGN SERVICE ACT OF 1946
the expiration of a period of four years following the date of trans-
portation under authority of this subsection of a privately owned
motor vehicle of any employee who has remained in continuous serv-
ice outside the continental United States during such period, the
transportation of a replacement for such motor vehicle for such em-
ployee may be authorized, in accordance with this subsection, by the
head of the department concerned. The head of each department may,
in accordance with this subsection, authorize the transportation of
privately owned motor vehicles of employees of such department,
assigned to duty outside the continental United States, by commercial
means if available at reasonable rates and under reasonable conditions
or by Government means on a space-available basis. This subsection
shall not apply to the Foreign Service of the United States under the
Department of State and to the Central Intelligence Agency but
shall not affect the authority contained in section 913 of the Foreign
Service Act of 1946 (60 Stat. 1027; 22 U.S.C. 1138) or paragraph (4)
of section 4 of the Central Intelligence Agency Act of 1949 (63 Stat.
210,72 Stat. 337; 50 U.S.C. 403e (a) (4) )."
SEC. 322. Section 913 of the Foreign Service Act of 1946 (60 Stat.
1027; 22 U.S.C. 1138) is amended to read as follows :
"TRANSPORTATION OF MOTOR VEIIICLES
"SEC. 913. The Secretary may, notwithstanding the provisions of
any other law, transport for or on behalf of an officer or employee of
the Service, a privately owned motor vehicle in any ease in which he
shall determine that water, rail, or air transportation of the motor
vehicle is necessary or expedient for all or any part. of the distance
between points of origin and destination. Not more than one motor
vehicle of any such officer or employee may be transported under
authority of this section during any four-year period, except that, as
a replacement for such motor vehicle, one additional motor vehicle
of any such officer or employee may be so transported during such
period upon approval, in advance, by the Secretary and upon a deter-
mination, in advance, by the Secretary that such replacement is neces-
sary for reasons beyond the control of the officer or employee and is
in the interest of the Government. After the expiration of a period
of four years following the date of transportation under authority
of this section of a privately owned motor vehicle of any officer or
employee who has remained in continuous service outside the con-
tinental United States (excluding Alaska and Hawaii) during such
period, the transportation of a replacement for such motor vehicle for
such officer or employee may be authorized by the Secretary in accord-
ance with this section."
SEC. 323. (a) That part of section 4(a) of the Central Intelligence
Agency Act of 1949, .as amended (63 Stat. 209, 73 Stat. 337; 50 U.S.C.
403e), which precedes paragraph (1) thereof, is amended-
(1) by striking out "(a)"; and
(2) by striking out "permanent-duty stations outside the con-
tinental United States, its territories, and possessions," and insert-
ing in lieu thereof "duty stations outside the. several States of
the United States of America, excluding Alaska and Hawaii, but
including the District of Columbia,".
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 200919 / N1 SERVICE 721A0006gg010019-3
THE (b) Paragraph (4) of section 4 of the Central Intelligence Agency
Act of 1949, as amended (63 Stat. 210, 73 Stat. 337; 50 U.S.C. 403e(a)
(4) ), is amended to read as follows:
"(4) Notwithstanding the provisions of any other law, trans-
port for or on behalf of an officer or employee. of the Agency, a
privately owned motor vehicle in any case in which it shall be
determined that water, rail, or air transportation of the motor
vehicle is necessary or expedient for all 'or any part of the dis-
tance between points of origin and destination, and pay the costs
of such transportation. Not more than one motor vehicle of
any officer or employee 'of the Agency may be transported under
authority of this paragraph during any four-year period, except
that, as a replacement for such motor vehicle, one additional
motor vehicle of any such officer or employee may be so, trans-
ported during such period upon approval, in advance, by the
Director and upon a determination, in advance, by the Director
that such replacement is necessary for reasons beyond the con-
trol of the officer or employee and is in the interest of the Govern-
ment. After the expiration of a period of four years following
the date of transportation under authority of this paragraph of
a privately owned motor vehicle of any officer or employee who
has remained in continuous service outside the several States of
the United States of America, excluding Alaska and Hawaii,
but including the District of Columbia, during such period, the
transportation of a replacement for such motor vehicle for such
officer or employee may be authorized by the Director in accord-
ance with this paragraph."
TITLE IV-AMENDMENTS TO ANNUAL AND SICK LEAVE
ACT OF 1951
SEc. 401. Subsections (d), (e), and (f) of section 203 of the Annual
and Sick Leave Act of 1951, as amended (5 U.S.C. 2062 (d), (e), and
(f) ), are amended to read as follows :
"(d) Notwithstanding the provisions of subsection (c), a maximum
accumulation not to exceed forty-five days at the beginning of the first
complete biweekly pay period, or corresponding pay period in the case
of an officer or employee who is not paid on the basis of biweekly pay
periods, in any year is authorized for the following categories of em-
ployees of the Federal Government stationed outside the United
States :
" (1) Persons directly recruited or transferred by the Federal Gov-
ernment (A) from the United States, or (B) from the Commonwealth
of Puerto Pico or the possessions of the United States for employment
outside,the area of recruitment or from which transferred.
"(2) Persons employed locally but (A) (i) who were originally
recruited from the United States, or from the Commonwealth of
Puerto Rico or the possessions of the United States but outside the
area of employment, (ii) who have been in substantially continuous
employment by other Federal agencies, United States firms, interests
or organizations, international organizations in which the United
States Government participates, or foreign governments, and (iii)
whose conditions of employment provide for their return transporta-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvg4,For Rele4R~ ?gAgtq9lllvicgIA4tRP7,603721A000600010019-3
tion to the United States or the Commonwealth of Puerto Rico or the
possessions of the United States, or (B) (i) who were at the time of
employment temporarily absent; for the purpose of travel or formal
study, from the United States, or from their respective places of resi-
dence in the Commonwealth of Puerto Rico or the possessions of the
United States and (ii) who, during such temporary absence, have
maintained residence in the United States or in the Commonwealth of
Puerto Rico or the possessions of the United States but outside the
area of employment.
"(3) Persons who are not normally residents of the area concerned
and who are discharged from service in the Armed Forces of the
United States to accept employment with an agency of the Federal
Government.
"(e) The leave granted pursuant to this title shall be exclusive of
the time actually and necessarily occupied in going to and from the
post of duty and exclusive of such time as may be necessarily occupied
in awaiting transportation, in the case of an officer or employee (1)
who is within the purview of subsection (d) of this section, (2) whose
post of duty is outside the United States, and (3) who returns on
leave to the United States, or to his place of residence, which is outside
the area of employment, in the Commonwealth of Puerto Rico or the
possessions of the United States. The provisions of this subsection
shall not apply to more than one period of leave in a prescribed tour
of duty at a, post outside the United States.
"(f) Upon completion of twenty-four months of continuous service
outside the United States, officers and employees may be granted, in
accordance with regulations of the 13 President, leave of absence at a
rate not to exceed one week for each four months of such service
without regard to any other leave provided by this title, for use in
the United States, or, if their respective places of residence are out-
side the area of employment, in the Commonwealth of Puerto Rico
or the possessions of the United States. Such leave so granted may
be accumulated for future use without regard to the limitation in sub-
section (d) of this section but no such leave shall be made the basis
for any terminal leave or for any lump-sum payment."
SEC. 402. (a) Section 202(b4(2) of the Annual and Sick Leave
Act. of 1951, as amended (5 U.S.C. 2061(b) (2) ), is amended to read
as follows :
"(2) This title, except section 203(g), shall not apply to alien em-
ployees who occupy positions outside the United States."
(b) Section 203(g) of such Act, as amended (5 U.S.C. 2062(g)),
is amended by striking out "the several States and the District of
Columbia" and inserting in lieu thereof "the United States".
(c) Section 202 of such Act, as amended (5 U.S.C. 2061), is
amended by adding at the end of such section the following new
subsection :
"(d) As used in this title, the term `United States' means the
several States of the United States of America and the District of
Columbia."
SEC. 403. The amendments made by this title to the Annual and
Sick Leave Act of 1951, as amended, shall take effect on the first day
of the first pay period following the date of enactment of this Act.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releasex0o4J) EP7o "03T~1A00060p10019-3
TITLE V-APPROPRIATION, REPEAL, AMENDATORY,
AND MISCELLANEOUS PROVISIONS
PART A-APPROPRIATION PROVISIONS
Sr,-c. 501. (a) There are hereby authorized to be appropriated such
sums as may be necessary to carry out the purposes of this Act and the
amendments made by this Act.
b) Appropriations or funds otherwise available, for the fiscal year
ending June 30, 1960, to any department, agency, establishment or
corporation of the Government of the United States of America
within the purview of this Act or of any amendment made by this Act
are hereby made available for the purposes of this Act and of any
such amendment in accordance with the authority contained in this
Act or contained in any law amended by this Act and in accordance
with such regulations as the President may prescribe.
PART B-REPEAL AND AMENDATORY PROVISIONS
SEC. 511. (a) The following provisions of law are hereby repealed:
(1) Sections 443, 902, 903, and 911(9) of the Foreign Service Act
of 1946, as amended (60 Stat. 1006, 1025, and 1026; 69 Stat. 27; 22
U.S.C. 888, 1132, 1133, and 1136(9));
(2) Sections 2(b), 13, and 14 of the Act entitled "An Act to provide
certain basic authority for the Department of State", approved
August 1, 1956 (70 Stat. 890, 892; Public Law 885, Eighty-fourth
Congress; 5 U.S.C. 170g(b), 170r,and 170s) ; and
(3) Sections 1(d) and 4(b) of the Central Intelligence Agency Act
of 1949 as amended (63 Stat. 208 and 211; 50 U.S.C. 403a(d) and
403e(b)).
(b) Any provision of law which is not repealed by subsection (a)
of this section but is inconsistent with any provision of this Act or of
any amendment made by this Act shall be held and considered to be
amended, modified, or superseded to the extent necessary to carry out
the purposes of and conform to such provision of this Act or of such
amendment.
(c) (1) Section 1(c) of the Central Intelligence Agency Act of
1949 (63 Stat. 208; 50 U.S.C. 403a(c)) is amended by striking out
"Government; and" and inserting in lieu thereof "Government.".
(2) Paragraph (1) (A) of section 4 of the Central Intelligence
Agency Act of 1949, as amended (63 Stat. 209; 72 Stat. 337; 50
U.S.C. 403e(a) (1) (A) ), is amended to read as follows :
"(1) (A) pay the travel expenses of officers and employees of
the Agency, including expenses incurred while traveling pursuant
to authorized home leave;".
(3) Paragraph (3) (A) of section 4 of such Act (63 Stat. 209 and
210; 72 Stat. 337; 50 U.S.C. 403e(a) (3) (A)) is amended to read as
follows :
"(3) (A) Order to any of the several States of the United
States of America (including the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession
of the United States) on leave of absence each officer or em-
ployee of the Agency who was a resident of the United States
(as described above) at time of employment, upon completion
91189-62-12
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvffb For Rele p;q(Qjg9(jR~r Plh P,79?603721 A000600010019-3
of two years' continuous service abroad, or as soon as possible
thereafter."
(4) Paragraph (3) (B) of section 4 of such Act (63 Stat. 210;
72 Stat. 337; 50 U.S.C. 403e(a) (3) (B)) is amended to read as follows:
"(B) While in the United States (as described in paragraph
(3) (A) of this section) on leave, the service of any officer or
employee shall be available for work or duties in the Agency
or elsewhere as the Director may prescribe; and the time of
such work or duty shall not be counted as leave."
(5) Paragraph (3) (C) of section 4 of such Act (63 Stat. 210;
72 Stat. 337; 50 U.S.C. 403e (a.) (3) (C)) is amended to read as follows :
"(C) Where an officer or employee on leave returns to the
United States (as described in paragraph (3) (A) of this sec-
tion), leave of absence granted shall be exclusive of the time
actually and necessarily occupied in going to and from the United
States (as so described) and such time as may be necessarily
occupied in awaiting transportation."
(6) The Act entitled "An Act to provide living quarters, including
heat, fuel, and light, for civilian officers and employees of the Govern-
ment stationed in foreign countries", approved June 26, 1930 (46 Stat.
818; Public Law 445, Seventy-first Congress; 5 U.S.C. 118a), is
amended-
(A) by striking out "and, where such quarters are not avail-
able, may be granted an allowance for living quarters, including
heat, fuel, and light, notwithstanding the provisions of section
1765 of the Revised Statutes (U.S.C., title 5, sec. 70)"; and
(B) by striking out that part of the first proviso of such Act
of June 26, 1930, which reads "or allowances in lieu thereof".
(7) Section 901 of the Foreign Service Act of 1946, as amended (22
U.S.C.1131) , is amended to read as follows :
"REPRESENTATION ALLOWANCES
"SEC. 901. In accordance with. such regulations as the. President may
prescribe and notwithstanding the provisions of section 1765 of the
Revised Statutes (5 U.S.C. 70), the Secretary is authorized to grant to
any officer or employee of the Service who is a citizen of the United
States allowances in order to provide for the proper representation
of the United States by officers or employees of the Service."
PART C-MISCELLANEOUS PROVISIONS
SEC. 521. Whenever reference is made in any other law or in any
regulation to any provision of law which is repealed, modified,
amended, or superseded by reason of section 51.1 of this Act, such
reference, unless inconsistent with this Act, shall be held and consid-
ered to refer to this Actor the appropriate provision of, or amendment
made by, this Act.
SEC. 522. Notwithstanding any provision of this Act and until. such
time as regulations are issued under this Act, employees shall continue
to be paid allowances and differentials in accordance with rules and
regulations issued pursuant to the laws in effect immediately prior to
the enactment of this Act and such rules and regulations may be
amended or revoked in accordance with the provisions of such laws.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/091161 : CIA-RDP78-039 21 A000609910019-3
THE FOREI SEC. 523. (a) Section 912 of the Internal Revenue Code of 1954
(relating to exemption for certain allowances) is amended to read as
follows :
"SEC. 912. EXEMPTIONS FOR CERTAIN ALLOWANCES.
"The following items shall not be included in gross income, and shall
be exempt from taxation under this subtitle :
"(1) FOREIGN AREAS ALLOWANCES.-In the case of civilian offi-
cers and employees of the Government of the United States,
amounts received as allowances or otherwise (but not amounts
received as post differentials) under-
"(A) title IX of the Foreign Service Act of 1946, as
amended (22 U.S.C., sec. 1131 and following),
"(B) section 4 of the Central Intelligence Agency Act of
1949, as amended (50 U.S.C., sec. 403e),
"(C) title II of the Overseas Differentials and Allowances
Act, or
"(D) subsection (o) or (f) of the first section of the Ad-
ministrative Expenses Act of 1946, as amended, or section 22
of such Act.
"(2) COST-or-LIVING ALLOWANCES.-In the case of civilian offi-
cers or employees of the Government of the United States sta-
tioned outside the continental United States (other than Alaska),
amounts (other than amounts received under title II of the Over-
seas Differentials and Allowances Act) received as cost-of-living
allowances in accordance with regulations approved by the Presi-
dent."
(b) Paragraphs (1) and (2) of section 912 of the Internal Revenue
Code of 1954, as amended by subsection (a) of this section, shall apply
only with respect to amounts received on or after the date of the en-
actment of this Act in taxable years ending on or after such date.
Approved September 6,1960.
APPENDIX XX
[PUBLIC LAW 86-723]
[86TH CONGRESS, S. 2633]
[September 8, 1960]
AN ACT
To amend the Foreign Service Act of 1946, as amended, and for other purposes.
Be it enacted by the Senate and house of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Foreign Service Act Amendments of 1960".
SEC. 2. Section 416 of the Foreign Service Act of 1946, as amended,
is amended to read as follows :
"SEC. 416. (a) A person appointed as a staff officer or employee
shall receive basic salary at one of the rates of the class to which he
is appointed which the Secretary shall, taking into account his quali-
fications and experience and the needs of the Service, determine to
be appropriate for him to receive.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11 CIA RDP78-03721A000600010019-3
"(b) Whenever the Secretary determines that the needs of the
Service warrant the appointment of staff officers or employees in a
particular occupational group uniformit at a rate above the minimum
rate of the applicable class, he may adjust the basic salary of any
staff officer or employee in the same class and occupational group who
is receiving less than such established rate."
SEC. 3. Section 417 of such Act is amended by striking out "(b)"
in the first sentence.
SEC. 4. Section 431 of such Act is amended by striking out in the
first sentence of paragraph (a) the phrase "the termination of time
spent on authorized leave, whichever shall be later," and inserting
in lieu thereof the phrase "upon termination of his service in accord-
ance with the provisions of paragraph (b) of this section,"; and by
amending paragraph (b) of this section to read as follows :
"(b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until.
he has relinquished charge of the mission and for such additional
period as may be determined by the Secretary, but in no case shall
such additional period exceed fifty days, including time spent in tran-
sit. During such period the Secretary may require him to render
such services as he may deem necessary in the interests of the Gov-
ernment."
SEc. 5. Section 441 of such Act and the heading to such section are
amended to read as follows :
"CLASSIFICATION OF POSITIONS IN TIIE FOREIGN SERVICE AND IN TIIE
DEPARTMENT
"SEC. 441. (a) Under such regulations as he may prescribe, and in
order to facilitate effective management, the Secretary shall classify
all positions in the Service at posts abroad, excluding positions to be
occupied by chiefs of mission, and in the case of those occupied by For-~
eigi-i Service officers, Reserve officers, and staff officers and employees,
he shall establish such positions in relation to the classes established by
sections 412, 414, and 415, respectively. Positions occupied by alien
employees and consular agents, respectively, shall be allocated to such
classes as the Secretary may establish by regulation.
"(b) Under such regulations as he may prescribe, the Secretary may,
notwithstanding 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
poistions to be occupied by officers and employees of the Service, and
establish such positions in relation to the classes established by sections
412., 414, and 415."
SEC. 6. Section 444 of such Act and the heading to such section are
amended to read as follows :
"SEc. 444. (a) The Secretary shall, in accordance with such regula-
tions 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 con-
sistent with the public interest.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release p , , Ills-&[ Pap8 3721A0006Q 10019-3
"(b) For the purpose of performing functions abroad, other Gov-
ernment agencies are authorized to administer alien employee pro-
grams in accordance with the applicable provisions of this Act."
SEC. 7. Title V of such Act is amended by adding at the beginning
thereof the following new section :
`POLICY
"SEC. 500. It is the policy of the Congress that chiefs of mission and
Foreign Service officers appointed or assigned to serve the United
States in foreign countries shall have, to the maximum practicable
extent, among their qualification, 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."
SEC. 8. (a) The heading to section 516 of such Act is amended to
read as follows : "ADMISSION TO CLASS 7 OR 8".
(b) Section 516 of such Act is amended by striking out "SEC. 516."
and inserting in lieu thereof "SEC. 516. (a)" and by adding at the end
thereof a new paragraph (b) which shall read as follows:
"(b) The Secretary may furnish the President with the names of
those persons who have passed such examinations and are eligible for
appointment as Foreign Service officers of class 8, whom he recom-
mends for appointment directly to class 7 when in his opinion, their
age, experience, or other qualifications make such an appointment
appropriate."
SEC. 9. (a) Section 517 of such Act is amended by striking out the
words "A person who has not served in class 8" which appear at the
beginnin~ of the first sentence, and inserting in place thereof the fol-
lowing : 'A person who has not been appointed as a Foreign Service
officer in accordance with section 516 of this Act".
(b) Section 517 of such Act is further amended by striking out the
second and third sentences of such section.
SEC. 10. (a) The heading to section 520 of such Act is amended by
-striking out the phrase "REINSTATEMENT AND RECALL" and substituting
'in lieu thereof the phrase "REAPPOINTMENT, RECALL, OR REEMPLOYMENT".
(b) The first sentence of paragraph (a) of section 520 of such Act
is amended by inserting a period after the word "Service" where it
appears for the third time, and by striking out the remainder of that
sentence.
(c) Paragraph (b) of section 520 of such Act is amended to read
as follows :
"(b) 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 interest."
d) Section 520 of such Act is further amended by adding at the
en n thereof a new paragraph (c) which shall read as follows :
"(c) Notwithstanding the provisions of title 5, United States Code,
section 62, and title 5, United States Code, section 715a, a Foreign
Service officer heretofore or hereafter retired under the provisions of
section 631 or 632 or a Foreign Service staff 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 Govern
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvel or Relea"n29g/Illi,QA, DR7A-A3721A000600010019-3
ment service in any appointive position for which he is qualified. An
annuitant so reemployed shall serve at the will of the appointing
officer."
SEC. 11. Section 528 of such Act is amended by striking out in the
second sentence of such section the phrase "subsection (dy, section 7,
of the Classification Act of 1923" and substituting in lieu thereof the
phrase "the Classification Act of 1949".
SEC. 12. Section 531 of such Act is amended to read as follows :
"SEC. 531. The Secretary may, under such regulations as he may
prescribe, appoint staff officers and employees on the basis of qualifi-
cations and experience. The Secretary may make provisions for tem-
porary, limited, and such other types of appointment as he may deem
necessary. He is authorized to establish appropriate probationary
periods during which newly appointed staff officers or employees, other
than those appointed for temporary or limited services shall be re-
quired to serve. The Secretary may terminate at any time, without
regard to the provisions of section 637, or the provisions of any Other
law, the services of staff officers or employees appointed for tem-
porary or limited service and staff officers or employees who have not
completed probationary periods, except that if such separation is by
reason of misconduct the provisions of section 637 shall be applicable."
SFr. 13. Section 532 of such Act is amended to read as follows :
"SEC. 532. Under such regulations as he may prescribe, the Secre-
tary may assign a staff officer or employee to any post or he may assign
him to serve in any position in which he is eligible to serve under the
terms of this or any other Act. A staff officer or employee may be
transferred from one post to another by order of the Secretary as the
interests of the Service may require."
SEC. 14. (a) Section 571 of such Act is amended by striking out
paragraphs (a), (b), (c), and (d), and the heading to such section,
and inserting in lieu thereof the following :
"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 interantional organization, interna-
tional commission, or international body, such an. assignment or coin-
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) If a Foreign Service officer shall be appointed by the. Presi-
dent, by and with the advice and consent of the Senate, or by the
President alone, to a position in any Government agency, any United
States delegation or mission to any international organization, in any
international commission, or in any international body, the period of
his service in such capacity shall be construed as constituting an as-
signment within the meaning of paragraph (a) of this section and
such person shall not, by virtue of the acceptance of such an assign-
merit, lose his status as a Foreign Service officer. Service in such a
position shall not, however, be subject to the limitations concerning
the duration of an assignment contained in that paragraph.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release1.aQ0/11 l -15;Ct&RQPa18- 721A0006?f10019-3
"(e) If the basic minimum salary of the position to which an officer
or employee of the Service is assigned pursuant to the terms of this
section is higher than the salary such officer or employee is entitled to
receive as an officer or employee of the Service, such officer or employee
shall, during the period such difference in salary. exists, receive the
salary and allowances of the position in which he is serving in lieu
of his salary and allowances as an officer or employee of the Service.
Any salary paid under the provisions of this section shall be the salary
on the basis of which computations and payments shall be made in
accordance with the provisions of title VIII. No officer or employee
of the Service who, subsequent to the date of enactment of the Foreign
Service Act Amendments of 1960, is assigned to, or who, after June
30, 1961, occupies a position in the Department that is designated as
a Foreign Service officer position, shall be entitled to receive ,a salary
differential under the provisions of this paragraph."
(b) Paragraph (e) of section 571 of such Act is amended by strik-
ing the phrase "with heads of Government agencies" where it appears
in the second sentence and by redesignating the paragraph as "(d) ".
SEC. 15. Section 575 of such Act is amended by striking out all after
the word "accordance" and inserting in lieu thereof the phrase "with
the appropriate provisions of titles III and IX of Public Law 402,
Eightieth Congress (62 Stat. 7 and 13; 22 U.S.C. 1451-1453, 1478 and
1479)."
SEC. 16. Title V of such Act is further amended by adding at the end
thereof the following new section :
"FOREIGN LANGUAGE KNOWLEDGE PREREQUISITE TO ASSIGNMENT
"SEC. 578. The Secretary shall designate every Foreign Service
Officer position in a foreign country whose incumbent should have a
useful knowledge of a language or dialect common to such country.
After December 31, 1963, each position so designated shall be filled
only by an incumbent having such knowledge : Provided, That the
Secretary or Deputy Under Secretary for Administration may make
exceptions to this requirement for individuals or when special or
emergency conditions exist. The Secretary shall establish foreign
language standards for assignment abroad of officers and employees of
the Service, and shall arrange for appropriate language training of
such officers and employees at the Foreign Service Institute or else-
where."
SEC. 17. Section 625 of such Act and the heading of such section are
amended to read as follows :
"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 Service and who shall have been in a given class for a
continuous period of nine months or more, shall, on the first day of
each fiscal year, receive an increase 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 any such officer additional in-
creases in salary, within the salary range established for the class in
which he is serving, based upon especially meritorious service."
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approveff for Relea &2AQQi#QP/lE'RijpjArRPF7?193721 A000600010019-3
SEC. 18. Title VI of such Act is amended by inserting after section
62 the following new section and the heading thereto :
"RELATIONSHIP BETWEEN PROMOTIONS AND FUNCTIONAL AND
GEOGRAPHIC AREA SPECIALIZATION
"SEC. 626. The achievement of the objectives of this Act requires
increasing numbers of Foreign Service officers to acquire functional
and geographic area specializations and to pursue such specializations
for a substantial part of their careers. Such specialization shall not
in any way inhibit or prejudice the orderly advancement through class
1 of any such officer in the Foreign Service."
SEC. 19. The heading "PART D-SEPARATION OF FOREIGN SERVICE
OFFICERS FROM THE SERVICE" under title VI of such Act is amended
to read as follows : "PART D--SEPARATION OF OFFICERS AND EM-
PLOYEES FROM THE SERVICE".
SEC. 20. Section 631 of such Act and the heading to such section are
amended to read as follows :
"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 or any other position to which he has been appointed by 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
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."
SEc. 21. Section 632 of such Act and the heading to such section
are amended to read as follows :
"PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY
SYSTEM WHO ARE NOT CAREER AMBASSADORS OR CAREER MINISTERS
"SEc. 632. Any participant in the Foreign Service Retirement and
Disability System, other than one occupying a position as chief of
mission or any other position to which he has been appointed by the
President, by and with the advice and consent of the Senate, who is
not a career ambassador or a career minister shall, upon reaching the
age of sixty, be retired from the Service and receive retirement benefits
in accordance with the provisions of section 821, but whenever the
Secretary shall determine it to be in the public interest, he may extend
such participant's service for a period not to exceed five years."
SEC. 22. Subparagraphs (1) and (2) of paragraph (b) of section
634: of such Act are amended to read as follows :
"(1) one-twelftli 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 athis then
current salary rate, payable without interest, from the Foreign
Service Retirement and Disability Fund, in three equal install-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11 1s CIA-RDP7o8-03 621 A000601QQ10019-3
ments on the 1st day of January following the officer's retirement
and on the two anniversaries of this date immediate following :
Provided, That in special cases, the Secretary may in his discre-
tion accelerate or combine the installments; and
"(2) a refund of the contributions made to the Foreign Serv-
ice Retirement and Disability Fund, with interest 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 military or naval service that is credited in accordance
with the provisions of section 851 or 852(a), may elect to re-
ceive retirement benefits on reaching the age of sixty in accord-
ance with the provisions of section 821. In the event that an
officer who was separated from class 4 or 5 and who has elected
to receive retirement benefits dies before reaching the age of
sixty, his death shall be considered a death in service within the
meaning of section 832. In the event that an officer who was
separated from class 6 or 7 and who has elected to receive retire-
ment benefits dies before reaching the age of sixty, the total
amount of his contributions made to the Foreign Service Retire-
ment and Disability Fund, with interest as provided in section
841(a), shall be paid in accordance with the provisions of sec-
tion 841(b)."
SEC. 23. Section 635 of such Act and the heading to such section
are amended to read as follows :
"FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 7 OR 8
"SEC. 635. Any Foreign Service officer in class 7 who is appointed
under the provisions of section 516 (b) and any Foreign Service of-
fice in class '8 shall occupy probationary status. The Secretary may
terminate his service at any time."
SEC. 24. Section 636 of such Act is amended by striking out the
phrase "Any Foreign Service officer" and inserting in lieu thereof the
phrase "Any participant in the Foreign Service Retirement and Dis-
ability System".
SEc. 25. (a) Paragraphs (a), (b), (c), and (d) of section 637 of
such Act and the heading to such section are amended to read as
follows :
"SEC. 637. (a) The Secretary may, under such regulations as he
may prescribe, separate from the Service any Foreign Service officer,
Reserve officer, or staff officer or employee, on account of the unsatis-
factory performance of his duties, or for such other cause as will
promote the efficiency of the Service, with reasons given in writing,
but no such officer or employee shall be so separated until he shall have
been granted a hearing by the Board of the Foreign Service and the
unsatisfactory performance of his duties, or other cause for separa-
tion, shall have been established at such hearing, unless he shall have
waived in writing his right to a hearing. The provisions of this
section shall not apply to Foreign Service officers of class 8 or any other
officer or employee of the Service who is in a probationary status
or whose appointment is limited or temporary, except when separa-
tion is by reason of misconduct.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
178 THE FOREIGN SERVICE ACT OF 1946
"(b) Any participant in the. Foreign Service Retirement and Dis-
ability System separated under the provisions of paragraph (a) of this
section shall. receive a refund of the contributions trade to the Foreign
Service Retirement 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 cred.-
ited in accordance with the provisions of section 851 or 852 (a), elect
to leave his contributions in the Fund and receive an annuity, com-
puted as prescribed in section 821 commencing at the age of sixty years.
In the event that an officer who has elected under the provisions of this
section to receive a deferred annuity dies before reaching the age of
sixty, his contributions to the Fund, with interest, shall be paid in
accordance with the provisions of sections 841 and 881.
"(c) Any officer or employee of the Service separated under the
provisions of paragraph (a) of this section who is not a participant in
the Foreign Service Retirement and Disability System shall be en-
titled 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
paragraph (b) of this section shall be made out of the Foreign Service
Retirement and Disability Fund."
SEC. 26. Section 638 of such Act and the heading to such section are
amended to read as follows:
"TERMINATION OF LIMITED APPOINTMENTS OF FOREIGN SERVICE
RESERVE OFFICERS AND STAFF OFFICERS AND EMPLOYEES
"SEC. 638. Notwithstanding the provisions of this or any other law,
the Secretary may, under such regulations as lie may prescribe, termi-
nate at any time the services of any Reserve officer or staff officer or
employee serving under limited appointment, except that, if the ter-
mination is because of misconduct, the provisions of section 637 shall
be applicable."
SEC. 27. Section 641 of such Act is amended to read as follows :
"SEC. 641. 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 accordance with such regulations as the Secretary may
prescribe."
SEC. 28. Section 642 of such Act and the heading thereto are
amended to read as follows :
"WITHIN CLASS AND LONGEVITY SALARY INCREASES
"SEC. 642. (a) Under such regulations as the Secretary may pre,
scribe, 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 estab-
lished for the class in which he is serving, based upon specially
meritorious service.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000601 10019-3
THE FOREIGN SERVICE ACT OF 1946
"(b) Under such regulations as the Secretary 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 or pro-
ficiency in the Service. Each such salary increase shall be equal to
the maximum salary rate increase of the applicable class and no per-
son shall receive more than four such salary increases while serving
in the same class."
SEC. 29. Section 701 of such Act is amended by adding at the end
thereof the following : "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 in
anticipation of the assignment abroad of such officers and employees.
Other agencies of the Government shall wherever practicable avoid
duplicating the facilities of the Institute and the training provided
by the Secretary at the Institute or elsewhere."
SEC. 30. (a) Paragraph (a) of section 704 of such Act is amended
by striking out "1923" in the two places where it appears and insert-
ing in lieu thereof "1949".
(b) Section 704 of such Act is amended by adding at the end of
such section new paragraphs (e) and (f) which shall read as follows:
"(e) The Secretary may, under such regulations as he may pre-
scribe, in the absence of suitably qualified United States citizens, em-
ploy persons who are not citizens of the United States by appointment
to the staff of the Institute either on a full- or part-time basis or by
contract for services in the United States or abroad at rates not in ex-
cess 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 pre-
scribe, provide special monetary or other incentives not inconsistent
with this Act to encourage Foreign Service personnel to acquire or
retain proficiency in esoteric foreign languages or special abilities
needed in the Service."
SEC. 31. (a) Section 803(b) (2) of such Act is amended to read as
follows-
"(2) have paid into the Fund a special contribution for each
year of such service in accordance with the provisions of section
852(b)."
(b) Section 803 is further amended by adding at the end thereof
a new paragraph (c) which shall read as follows:
"(c) (1) In acordance with such regulations as the President may
prescribe, any Foreign Service staff officer or employee appointed by
the Secretary of State who has completed at least ten years of con-
tinuous service in the Department's Foreign Service, exclusive of
military service, shall become a participant in the System and shall
make a special contribution to the Fund in accordance with the provi-
sions of section 852.
"(2) Any such officer or employee who, under the provisions of
paragraph (c) (1) of this section, becomes a participant in the Sys-
tem, shall be mandatorily retired for age during the first year after
the effective date of this paragraph if he attains age sixty-four or if
he is over age sixty-four; during the second year at age sixty-three;
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
1$0 THE FOREIGN SERVICE ACT OF 1946
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 in the Sys-
tem under the provisions of paragraph (c) (1) of this section who is
age 57 or over on the effective date of this paragraph, may retire vol-
untarily at any time before mandatory retirement under paragraph
(c) (2) of this section and receive retirement benefits under section
821."
SEC. 32. Section 804 of such Act is amended to read. as follows :
"SEC. 804 (a) Annuitants shall be persons who are receiving annu-
ities from the Fund and all persons, including surviving wives and
husbands, widows, dependent widowers, children and beneficiaries of
participants or annuitants who shall become entitled to receive annu-
ities 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 the surviving wife of a participant who was
married to such participant for at least two years immediately pre-
ceding his death or is the mother of issue by such marriage.
"(2) `Dependent widower' means the surviving husband of a par-
ticipant 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 eighteen
years, or such unmarried child regardless of age who` because of
physical or mental disability incurred before age eighteen is incapable
of self-support. In addition to the offspring of the participant 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."
SEC. 33. Section 811 of such Act is amended to read as follows :
"SEC. 811. (a) Six and one-half per centum of the basic salary re-
ceived by each participant shall be contributed to the Fund for the
payment of annuities, cash benefits, refunds, and allowances. An
equal sum shall also be contributedfrom the respective appropriation
or fund which is used for payment of his salary. The amounts de-
ducted and withheld from basic salary together with the amounts
so contributed from the appropriation or fund, shall be deposited by
the Department of State in the Treasury of the United States to the
credit of the Fund.
"(b) Each participant shall be deemed to consent and agree to such
deductions from basic salary, and payment less such deductions shall
be a full and complete discharge and acquittance of all claims and =
demands whatsoever for all regular services during the period cov-
ered by such payment, except the right to the benefits to which he
shall be entitled under this Act, notwithstanding any law, rule, or
regulation affecting the individual's salary."
SE c. 34. (a) Paragraphs (a), (b), and (c) of section 821 of such Act
are amended to read as follows :
"SEC. 821. (a) The annuity of a participant shall be equal to 2 per
centum of his average basic salary for the highest five consecutive
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releaser2iO(O#19i4 IspiC1A-RE)P74O3~721 A0006WO10019-3
years of service, for which full contributions have been made to the
Fund, multiplied by the number of years, not exceeding thirty-five, of
service credit obtained in accordance with the provisions of sections
851, 852, and 853. However, the highest five years of service for which
full contributions have been made to the Fund shall be used in com-
puting the annuity of any participant who serves as chief of mission
and whose continuity of service as such is interrupted prior to retire-
ment by appointment or assignment to any other position determined
by the Secretary to be of comparable importance. In determining the
aggregate period of service upon which the annuity is to be based, the
fractional part of a month, if any, shall not be counted.
"(b) 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
after 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 such annuity specified by him
as the base for the survivor benefits. The annuity of the participant
making such election shall be reduced by 21/2 per centum of any
amount up to $2,400 he specifies as the base for the survivor benefit
plus 10 per centum of any amount over $2,400 so specified.
"(c) (1) If an annuitant dies and is survived by a wife or husband
and by a child or children, in addition to the annuity payable to the
surviving wife or husband, there shall be paid to or on behalf of each
child an annuity equal to the smallest of: (i) 40 per centum of the
annuitant's average basic salary, as, determined under paragraph (a)
of this section, 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 basic salary, as determined under Paragraph (a) of this
:section, divided by the number of children; (ii) $720; or (ii) $2,160
divided by the number of children."
(b) Section 821 of such Act is further amended by adding new para-
graphs (d), (e), and (f) which shall read as follows:
"(d) If a surviving wife or husband dies or the annuity of a child is
terminated, the annuities of any remaining children shall be recom-
puted 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 par-
ticipant dies and such annuity or any right thereto shall be terminated
upon death, marriage, or attainment of the age of eighteen years, ex-
cept that, if a child is incapable of self-support by reasons of mental or
physical disability, 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 provide for annuity equal to 50 per
centum of the reduced annuity payable after his or her death to a bene-
ficiary whose name shall be designated in writing to the Secretary.
The annuity payable to a participant making such election shall be
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvet $or Releasei20OM9/t4RVlUArdRO77-A3721 A000600010019-3
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 participant, but such total reduction shall not exceed
40 per centum. No such election of a reduced annuity payable to a
beneficiary shall be valid until the participant shall have satisfactorily
passed a physical examination as prescribed by the Secretary. The
annuity payable to a beneficiary under the provisions of this paragraph
shall begin on the first day of the next month after the participant
dies. Upon the death of the surviving beneficiary all payments shall
cease and no further annuity payments authorized under this para-
graph shall be due or payable."
SEC. 35. (a) Paragraphs (a), (b), and (c) of section 831 of such Act
are amended to read as follows :
"(a) 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 provisions of section 851 or 852(a) (2),
and who becomes totally disabled or incapacitated for useful and eui-
cient 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 in-
capacitated participant has less than twenty years of service credit
toward his retirement under the System at the time be is retired, his
annuity shall be computed on the assumption that he has had twenty
years of service, but the additional service credit that may accrue to a
participant under this provision shall in no case exceed the difference
between his age at the time of retirement and the mandatory retire-
ment age applicable to his class in the Service.
"(b) In each case, the participant shall be given a physical exami-
nation by one or more duly qualified physicians or surgeons designated
by the Secretary to conduct examinations, and disability shall be
determined by the Secretary on the basis of the advice of such physi-
cians or surgeons. Unless the disability is permanent, like examina-
tions shall be made annually until the annuitant has reached the
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 examinations
that an annuitant has recovered to the extent that he can return to
duty, the annuitant may apply for reinstatement or reappointment in
the Service within one year from the date his recovery is determined.
Upon application the Secretary shall reinstate any such recovered
disability 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 contemporaries in the Service, appoint. him or, in the case of
an annuitant who is a former Foreign Service officer, recommend
that the President appoint him, by and with the advice and consent;
of the Senate, to a class higher than the one in which he was serving
prior to retirement. Payment of the annuity shall continue until a
date six months after the date of the examination showing recovery
or until the date of reinstatement or reappointment in the Service,
whichever is earlier. Fees for examinations under this provision,
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release,2 0O0 1 vQlA*RDPT8-O 21 A000600G10019-3
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 sec-
tion, payment of the annuity shall be suspended until continuance of
the disability is satisfactorily established.
"(c) If a recovered disability annuitant whose annuity is discon-
tinued is for any reason not reinstated or reappointed in the Service,
he shall be considered to have been separated within the meaning of
section 834 as of the date he was retired for disability and he shall,
after the discontinuance of the disability annuity, be entitled to the
benefits of that section or of section 841 (a) except that he may elect
voluntary retirement in accordance with the provisions of section 636
if he can qualify under its provisions."
(b) Section 831 of such Act is further amended by adding new
paragraphs (d) and (e) which shall read as follows:
"(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 received an an-
nuity 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 person.
"(e) Notwithstanding any provision of law to the contrary, the
right of any person entitled to an annuity under this Act shall not be
affected because such person has received an award of compensation
in a lump sum under section 14 of the Act of September 7, 1916, as
amended, except that where such annuity is payable on account of
the same disability for which compensation under such section has
been paid, so much of such compensation as has been paid for any
period extended beyond the date such annuity becomes effective, as
determined by the Secretary of Labor, shall be refunded to the De-
partment of Labor, to be paid into the Federal Employees' Compen-
sation 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 be transmitted to such Department for reim-
bursement to such Fund. Deductions from such annuity may be made
from accrued and accruing payments, or may be prorated against and
paid from accruing payments in such manner as the Secretary of
Labor shall determine, whenever he finds that the financial circum-
stances of the annuitant are such as to warrant such deferred
refunding."
Sic. 36. Section 832 of such Act is amended to read as follows :
"Snc. 832. (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 section
841(b).
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvg#jFor Release 200 O;9h'hivi(GI tDiP7$ 3721 A000600010019-3
"(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), clies before separation or retirement from the Service
and is survived by a widow or a dependent widower, as defined in
section 804, such widow or dependent widower shall be entitled to an
annuity equal to 50 per centum of the annuity computed in accord-
ance with the provisions of paragraph (e) of this section and of
section 821(a). The annuity of such widow or dependent widower
shall commence on the date following 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 Serv-
ice 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 ac-
cordance with the provisions of section 821(c) (1). The child's an-
nuity 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 remain-
ing 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 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 Serv-
ice and is not survived by a wife or a husband, but by a child or chil-
dren, 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). Upon 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 Sys-
tem, the annuities payable in accordance with paragraph (b) of this
section shall be computed in accordance with the provisions of section
821 on the assumption he or she has had twenty years of service, but
the additional service credit that may accrue to a deceased participant
under this provision shall in no case exceed the difference between his
or her age on the date of death and the mandatory retirement age ap-
plicable 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."
SEC. 37. A new section 834 is hereby added to such Act as follows :
"DISCONTINUED SERVICE RETIREMENT
"SEc. 834. (a) Any participant who voluntarily separates from the
Service after obtaining at least five years of service credit toward re-
tirement under the System, excluding military or naval service that
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release gtq#(11,,g)A-(gPJF8 99 721A0006 010019-3
is credited in: accordance, with the provisions of section 851 or 852(a)
(2), may, upon separation from tie Service or. at any time prior to
becoming eligible for an annuity, elect to have his contributions to the
Fund returned to him in accordance with the provisions of section
841, or to leave his contributions in the Fund and receive: an annuity,
computed as prescribed in section 821, commencing at the age of sixty.
years.
"(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 contributidns-to the Fund,with interest, shall be paid in accord-
ance with the provisions of sections 841 and 881."
SEC. 38. Section 841 of such Act is amended to read as follows:
"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 at the end of each fiscal year
through June 30, 1960; semiannually as of December 31, 1960; an-
nually thereafter as of December 31, and proportionately for the
period served during the year of separation including all contribu-
tions 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 at 4 per centum per annum
compounded annually as is provided in paragraph (a) of 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 following order of precedence, upon the establish-.
ment of a' valid claim therefor, and such payment shall be a bar to.
recovery by anv other person
"(1) To the beneficiary or beneficiaries designated by the retired
participant in writing to the 9 1
".(2) If there be no such beneficiary,.to the surviving wife or hus
hand of such participant;
"(3) If none of the above, to. the child or children of such-partici-
pant 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 the 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 bemade pursuant to, paragraph. (b) (6) of
this section until. after the expiration of thirty days from the death
of the retired participant or his surviving annuitant."
Sra. 39. Section 851 of such Act is amended to read as follows:
"SEC. 851. For the purposes of this title, the period of service of a
participant shall be computed from the effective date of appointment
91189-62-13
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approve or Release 2000/09/11: CIA-RDP78-03721A000600010019-3
TI3E FOREIGN SERVICE ACT OF 1946
A8- a Foreign Service officer, or if appointed rior 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 pperiods of separation from
the Service and so much of any leaves of absence without pay as may
exceed sixmonths in the aggregate in any calendar year shall be ex-
eluded, except leaves of absence while receiving benefits under the
Federal Employees' Compensation Act of September 7, 1916; as
amended, and leaves of absence granted participants?while perform-
activeand honorable military or naval service in the Army, Navy,
Air Force, Marine Corps, or Coast Guard of the United States."
SEC. 40. (a) Paragraphs (a), (b), and (c) of section 852 of such
Act are amended to read as follows : - _ .. _ ;'
' (1) A participant may, subject to the provisions of this section,
include in his period of service--
"(1) civilian service in the executive, judicial, and legislative
branches of the Federal Government and in the District of Co-
lumbia government, prior to becoming it participant; and
A"(2) active and honorable military or naval, service in the
rmy, Navy, Marine Corps, Air Force, or Coast Guard of the
United States.
"(b) A person may obtain prior civilian service credit in accord-
ance with the provisions of paragraph (a) (1) of this section by mak-
ing a special contribution to the Fund equal to 5 per centum of his
basic annual salary for each year of service for which credit is sought
subsequent to July 1, 1924, and prior to the effective date of the For-
eign Service Act Amendments of 1960, and at 61/2 per centum there-
after with interest compounded annually at 4 per centum per annum
to the date of payment. Any such person may, under such conditions
as `ma be determined in each ' instance by the Secretary, pay such
special contributions in installments.
"(c) (1) If an officer or employee under some other Government
retirement system, becomes a participant in the System by direct
transfer, such officer or employee's total contributions and deposits,
including interest accrued thereon, except voluntary contributions,
shall` 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 transfer 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 participant in the
System.
"(2) No officer or employee, whose contributions 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 madeto any such officer or employee on account of contribu-
tions made 'during any period to the other Government retirement
fund at a higher_ rate than that fixed by section 811 of this Act for
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release, g9O Milk-, F,PP8-P21 A000699 10019-3
"(3) 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 of service, subsequent to
July 1, 1924, for which,a refund of contributions has been made, or
for which no contributions were made to the other Government re-
tirement fund. A participant -may, however, obtain credit for such
prior set vice`by in't,king a special contribution to the Fund in accord-
ance with-the provisions of paragraph (b) of this section."
(b) Section 852 of such Act is further amended by adding at the
pndthereof new paragraphs (d) and (e) which shall read as follows:
"(d) No participant may obtain prior civilian service credit toward
retirement under-the System for any period of civilian service on the
,Of which he is receiving or will in the future` be entitled to receive
any annuity under another retirement system covering civilian person-
nel of the Government.
"(e) A participant may obtain prior military or naval service credit
in accordance '.with the provisions of paragraph i (a) (2) of this sec-
tion by applying for it to the Secretary prior to retirement or seppara-
tion. 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 included, except that in the case of a participant who is
eligible for and receives retired pay on account of service-connected
disability incurred in combat with an enemy of the United States
or caused by an instrumentality of war and incurred in line of duty
during a period of war (as that term is used in chapter 11 of title 38,
United States Code), or is awarded under chapter 67 of title 10 of the
CTnitedStates Code, the period of such military or naval service shall
be included No contributions to the Fund shall be required in con-
nection with military or naval service credited to a' participant in
accordancewith the provisions of paragraph (a) (2) of this section."
'SEC. 41. Such. Act is amended by adding after section 854 .a'new.
section as follows:,
tem, who retired prior to July 28, 1956, and who at the time of Isis
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 in-
cluded as creditable service for the purpose of this recomputation.
The annuities payable to such persons shall, when recomputed, be
paid at the rates so determined, but no such recomputation or any
other action taken pursuant to this section shall ? operate to reduce
the rate of the annuity any such person is entitled to receive under the
System."
SEC. 42. The heading "Part H=OFFICERS REINSTATED IN THE
SERVICE" under title VIII of such Act is. amended to read as, follows:
"PART H-ANNUITANTS RECALLED, REINSTATED OR REAPPOINTED
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvefor Relea2p919/,sjv1PAc E?7?493721 A000600010019-3
SEC. 43. Section 871 of such Act is amended and a heading is added
thereto as follows :
SEC. 871. Any annuitant recalled to duty in the Service in accord-
ance with the provisions of section 520 (b) or reinstated. 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 is serving. During such service, he shall make contribu-
tions to the Fund in accordance with the provisions of section 811.
When he reverts to his retired status,, his annuity shall be determined
anew in accordance with the provisions of section 821."
Sm. 44. A new section 872 is hereby added to such Act as follows:
"REEMPLOYMENT
"SEC. 872. (a) Notwithstanding any other provision of law, any
officer or employee of the Service, who has retired under this Act, as
amended, and is receiving an annuity pursuant thereto, and who is
reemployed in the Federal Government service in any appointive posi-
tion either on a part-time or full-time basis, shall be entitled to receive
the salary of the position in which lie is serving plus so much of his
annuity payable under this Act, as amended, which when combined
with such salary does not exceed during any calendar year the basic
salary such officer or employee was entitled to receive under 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 lie may be entitled to receive under this paragraph shall be en
titled to such salary in lieu of benefits hereunder.
"(b) When any such retired officer or employee of the-Service is re
employed, the employer shall send a notice to the Department of State
of such reemployment together with all pertinent information relat-,
ing 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 em-
ployment of the reemployed officer or employee. The Department of
State shall: make to and on behalf of the reemployed officer or em-
ployee payments to which he is entitled under the provisions of para-
graph (a), of this section, and shall make those withholding and de-
ductions authorized and required by law.
"(c) In the event. of any overpayment under this section: the Secre-
tary of State is authorized to withhold the amount of such overpay-
ment from the salary payable to such reemployed officer or employee
or from his annuity."
SEC. 45. (a) So much of paragraph (a) of section 881 of such Act
as precedes subparagraph (1) thereof is amended to read as follows:
"(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 13
per centum per annum, compounded annually at the end of each fiscal
year through June 30, 1960; semiannually as of December 31, 1960;
annually thereafter as of December 31, and proportionately for the
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2O%%1 1 s, W7 -q;7 1A00060 %10019-3
period served during the year of his retirement, including all con-
tributions made during or for such period, shall, at the date of his re-
tirement and at his election, be-''.
(b) Paragraph (c) of section 881 of such Act is amended by delet-
ing the word "annually" and inserting in lieu thereof the phrase "as
is provided in paragraph (a) of this section", and by changing the
words "withdrawal from active service" at the end of such paragraph
to "separation from the Service".
SE c. 46. Section 912 of such Act is amended by changing the head-
ing thereto to read "LOAN OF HOUSEHOLD FURNISHINGS AND EQUIPMENT"
and by inserting between the words "with household" the word
"basic" and by inserting between the words "household equipment"
the phrase "furnishings and".
SEC. 47. Section 913 of such Act and the heading thereto is amended
to read as follows :
"TRANSPORTATION OP MOTOR VEHICLES
"SEC. 913. The Secretary may, notwithstanding. the provisions or
any other law, transport for or on behalf of an officer or employee of
the Service, a privately owned motor vehicle in any case in which lie
shall determine that water, rail, or air transportation of the motor
vehicle is necessary or expedient for all or any part of the distance
between points of origin and destination. Not, more than one motor,
vehicle of any such officer or einployee may be. transported under
authority of this section during any four-year period, except that, as
a replacement for such motor vehicle, one additional motor vehicle of,
any such officer or employee may be so transported during such period
upon approval, in advance, by the Secretary and upon a deterinina-.
tion, in advance, by the Secretary that such replacement is necessary
for reasons beyond the control of the officer or employee and is in the
interest. of the Government. After the expiration of a period of four,
years following the date of transportation under authority of th is sec-;
tion of a privately owned motor vehicle of any officer or employee
who has remained in continuous service outside the continental United
States (excluding Alaska and Hawaii) during such period, the trans-
portation of 9, replacement for such motor vehicle for such officer or
employee may be authorized by the Secretary in accordance with this;
section."
SEC. 48. (a) Section 1021 of such Act is amended by inserting the
phrase "the Department including" immediately prior to the phrase
"the Service" wherever it appears in this section.
(b) Section 1021 (a) is further- amended by striking out the phrase
"if recommended by the Director General" and inserting in lieu there:
of the phrase "at the discretion of the Secretary".
SEc. 49. Section 4 of the Foreign Service Buildings Act, 1926, as
amended (22 U.S.C. 295), is amended by adding at the end thereof
the following new subsection :
"(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 $10,000,000,
which shall remain available until expended."
Six. 50. Section 11 of the Act of August 1, 1956 .(70 Stat.,890),is
hereby amended by inserting after the phrase "Government-owned
9 11 89--- 62-14
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approv,For Releg?g ;PaWQ91J,icC.IRRP17A$03721AO00600010019-3
vehicles" the phrase "or taxicabs", and by inserting after the phrase
"public transportation facilities" the phrase "other than taxicabs".
SEC. 51. Paragraph (4) of section 104(a) of the Internal Revenue
Code of 1954 (26 U.S.C. 104(a) (4)) (relating to the exclusion from
gross income of compensation for injuries and sickness) is hereby
amended to read as follows :
"(4) amounts received as a pension, annuity, or similar allow-
ance for personal injuries or sickness resulting from active service
in the armed forces of any country or in the Coast and Geodetic
Survey or the Public Health Service, or as a disability annuity
payable under the provisions of section 831 of the Foreign Service
Act of 1946, as amended (22 U.S.C. 1081; 60 Stat. 1021)."
SEC. 52. The following headings and sections in the Foreign Service
Act of 1946, as amended, are hereby repealed :
(1) Section 442 of such Act and the heading thereto.
(2) Section 525 of such Act and the heading thereto.
,( 3) Section 576 of such Act and the heading thereto.
(4) Section 577 of such Act and the heading thereto.
SEC. 53. Any person who occupies a position in the Department of
"State to which he was appointed by the President, by and with the
advice and consent of the Senate, at the time that he was an active
Foreign Service officer, and who while holding this position has retired
for age as a Foreign Service officer, and who on the effective date of
this section, continues to hold such position is hereby reinstated, effec-
tive as of the date of such retirement, to active status as a Foreign
Service officer and shall be entitled to all the provisions of the Foreign
Service Act of 1946, as amended, as though he had never retired.
SEC. 54. Notwithstanding the provisions of this Act, existing rules
and. regulations of or applicable to the Foreign Service of the United
States shall remain in effect until revoked or rescinded or until modi-
fied or superseded by regulations made in accordance with the provi-
sions of the Foreign Service Act of 1946, as amended by this Act,
unless clearly inconsistent with the provisions of this Act or the pro-
visions so amended.
SEC. 55. Notwithstanding any other provisions of law, any For-
eign Service staff officer who accepted an appointment as a Foreign
Service Reserve officer in the Department of State during the period
beginning September 1, 1958, and ending December 31, 1958, both
dates inclusive, shall not be separated from the Foreign Service be
fore the expiration of his on inal appointment as a Foreign Service
Reserve officer, except as authorized by section 637 of the Foreign
Service Act of 1946, as amended.
SEC. 56. (a) The provisions of this Act shall become effective as of
the first day of the first pay period which begins more than thirty
days after the date of enactment of this Act, except as provided in
paragraph (b), (c), (d), and (e) of this section, and except as other-
wise provided in the text of this Act.
(b) (1) The provisions of paragraph (c) (1) of section 803 of the
Foreign Service Act of 1946, as amended by section 31(b) of this Act,
shall become effective on the first day of the first month which begins
more than one year after the date of enactment of this Act, except
that any Foreign Service staff officer or employee, who at the time this
Act; becomes effective meets the requirements for participation in the
Foreign Service Retirement and Disability System, may elect to be-
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Releasq p 14qM R -F Po ,8I9A721A0006A9010019-3
come a participant in the System before the mandatory provisions
become effective. Such Foreign Service staff officers and employees
shall become participants effective on the first day of the second month
following the date of their application for earlier participation.
(2) The provisions of paragraph (c) (2) of section 803 of the For-
eign Service Act of 1946, as amended by section 31(b) of this Act,
shall become effective on the first day of the first month which begins
more than three years after the date of enactment of this. Act.
(c) The amendment made by section 33 of this Act, with respect
to a contribution to the Foreign Service Retirement and Disability
Fund to be made by the Department, shall become effective July 1,
1961.
(d) The amendment made by section 41 of this Act shall take
effect on the first day of the first month which begins more than thirty
days after the date of enactment of this Act.
(e) The amendment made by section 51 of this Act shall be effec-
tive with respect to taxable years ending after the date of enactment
of this Act.
Approved September 8,1960.
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721AO00600010019-3
INDEX
Page
"Abroad," definition_____________________________________
121(7)
2
Agreements, international. (See International agreements.)
Alien clerks and employees:
Appointments--------------------------------------- 541
Assignments and transfers____________________________ 542
Category of----------------------------------------- 401(5)
Classification of positions_____________________________ 441, 444
Promotions----------------------------------------- 661
17
17
5
10, 11
26
Salary provisions____________________________________ 417,444
8, 11
Separation from service:
Misconduct or malfeasance_______________________ 663
Unsatisfactory performance of duty---------------- 662
Allowances:
Objectives of---------------------------------------- 111(7)
Representation of United States_______________________ 901
Ambassadors, career. (See Career ambassadors.)
Amendments to Foreign Service Act of 1946: Public laws
amending or affecting, listed. (See Appendix.)
Annual leave. (See under Leave.)
Annuitants :
Definition of---------------------------------------- 804
Reemployed----------------------------------------- 872
Annuities :
Children's------------------------------------------ 821(c).
32
Computation---------------------------------------- 821
32
Computation of length of service---------------------- 851-854
37-40
Death in service_____________________________________ 832
35
Deferred annuities_____________________________ 634(b), 637(b)
23, 25
Disabled employees, annuities for---------------------- 831
33
Participants not Foreign Service officers at time of retire-
ment--------------------------------------------- 833
36
Prior service credit__________________________________ 852
38
Recomputing of____________________________________ 855, 1112
40, 55
Reduced annuity with annuity for surviving spouse ------
821(b)
32
Reduced annuity with annuity for designated beneficiary-
821(f)
33
Reemployed annuitants, annuity of --------------------
872
41
Appointments:
Alien clerks and employees___________________________
541
17
Ambassadors: Presidential____________________________
501 (a)
11
Appointment or assignment of chief of mission ----------
519
14
Consular agents_____________________________________
551
17
Foreign Service Institute:
Director----------------------------------------
702
27
Faculty and staff--------------------------------
704(a)
28
Noncitizens -------------------------------------
704(c)
29
Foreign Service officers:
Appointment to class 7 or 8_______________________
516
13
Appointment to classes 1 to 7---------------------
517
13
Presidential --------------------------------------
511
12
Probationary period_____________________________
635
24
Recess appointment______________________________
432(b)
10
Foreign Service Reserve officers:
Appointment to class----------------------------
523
15
Qualifications -----------------------------------
522
14
Approved For Release 2000/09/11: CIA-RDP78-03721AO00600010019-3
 Approved or Relea*ft,2QQJPWI RN pTQ 7 3721 A000600010019-3
Appointments-Continued
Section
Page
Foreign Service staff officers and employees____________ _
531
16
Ministers: Presidential_______________________________
501(a)
11
Appropriations :
Authorization for____________________________________
1071
52
Foreign Service retirement and disability fund -----------
861
40
Funds for fiscal 1947, for purposes of 1946
m
A
D
t
t
f
i
t
f
1122
55
y,
r
men
epar
o
, ass
gnmen
o
personnel to Foreign
Service--------------------------------------------------------
17
Assignments:
Alien clerks and employees _-_--______________________.-
542
17
Compulsory service in United States ---------------------
572
19
Conferences and congresses ----------------------------
.
574
19
Foreign governments -----------------------------------
575
19
Foreign Service Institute________________________ 704(b), 704(c)
28
Foreign Service officers_______________________ 514,571,573-578
12,
18
20
Foreign Service Reserve officers ----------- 522, 523 571 573 578
,
,
-
14--20
Foreign Service staff officers and employees ----- 532
571
573- 578
16,
1
Government agencies______________________________ 571, 573(a)
8--20
18,19
International organizations---------------------------- 571
18
Nongovernmental institutions and organizations---------. 573(b)
19
Presidential ------------------------------------------ 501(b)
12
Salaries______________________________________ 571 (c) and (d)
18
Special duties --------------------------------------- , 574
19
Attachment of moneys in Foreign Service retirement and dis-?
ability fund: Provisions ________________________________. 864
40
Attorneys, authorization to retain -------------------------- 1031
51
Authority of the Secretary ---------------------------- 301, 302, 303
4
B
Beneficiaries -------------------------------------------- . 841(b)
37
Benefits, Retirement. (See under Retirement; Retirement and
disability fund; Retirement and disability system; Selection-
out
)
.
Board of Examiners:
Entrance examinations for Foreign Service officer candi-
dates ______________________________________ 212(a),516,517
3,13
Loyalty of candidates to United States and Constitution,
responsibility for____________________________ 212(a), 516, 517
3, 13
Membership---------------------------------------- 212(b)
3
Board of the Foreign Service:
Duties and responsibilities____________________________ 211(b)
3
Establishment of selection boards for performance evalua-
tion ---------------------------------------------- 623
21
Hearings for separation from service for:
Cause------------------------------------------- 637
24
Unsatisfactory performance of duty________________ 637
24
List of qualified officers furnished to President---------- 502
12
Membership---------------------------------------- 211(a)
3
Bonds, for true and faithful performance of duty:
Deposit of------------------------------------------ 1011
50
Validity of ------------------------------------------- 1121
55
Building inspectors, assignment of Army and Navy personnel---------
17
Business abroad, engagement in, prohibition---------------
1003
49
Career ambassadors:
Appointments:
Presidential_____________________________________
501(a)
11
Qualifications-------------------------------- 502(a), 518
12, 14
Inclusion in 10 classes of Foreign Service officers-------- 412
5
Retirement of_______________________________________ 631
22
Salary rate------------------- --------------------- 412
5
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For ReleaseA0pdp9WG'1 sEERPI-Q47621A0006qqQ10019-3
Career ministers:
Appointments: Section Page
Presidential_____________________________________ 501(a) 11
Qualifications________________________________ 502(a)518 12,14
Inclusion in 10 classes of Foreign Service officers--------- 412 51
Reinstatement of former Foreign Service officers serving
as chief of mission on November 13, 1946_____________ 1101 53
Retirement of--------------------------------------- 631 22
Salary rate----------------------------------------- 412 5
Categories of personnel___________________________________ 401 4
Cause, separation for_____________________________________ 637 24
Charges d'affaires ad interim, salary provisions-------------- 421
Chiefs of mission:
Acceptance of gifts to United States or political subdivi-
sion---------------------------------------------- 1002 49
Appointment and assignment____________________ 501(a), 502(b) 11, 12
Category of----------------------------------------- 401(1) 4
Definition------------------------------------------ 121(9) 2
Participants in retirement and disability system--------- 803 (b) 30
Reassignment--------------------------------------- 519 14
Reinstatement of former Foreign Service officers--------- 1101 53
Retirement of ------------------------------------ 519, 821(a) 14, 32
Salary:
Classification rates_______________________________ 411 5
Time of receiving________________________________ 431 9
Citizenship requirements:
Foreign Service officers_______________________________ 515 13
Foreign Service Reserve officers_______________________ 522 14
Foreign Service staff officers and employees------------- 534 17
Classification (see also Salaries) :
Act of November 26, 1940, exemption from application of
parts of title II____________________________________ 446 11
Alien clerks and employees, salary schedule------------- 441, 444 10, 11
Classes 1-7, qualifications for admission to______________ -517 13
Class 7 or 8, qualifications for admission to_____________ 516 13
"Classified grades," meaning__________________________ 1064 52
Consular agents------------------------------------- 441,445 10,11
Foreign Service officers : Classes and salaries, listed ------ 412 5
Foreign Service Reserve officers ----------------------- - 523 15
Foreign Service staff officers and employees_____________ 441 10
Position classification, responsibility for _ _ _ _ _ _ _ _ _ _ _ _ _ _ 441 10
Transfer from old classes I-VIII to new classes 1-6 ------ 1102(a) 53
Classification Act of 1949, as amended, appointment of Foreign
Service Institute personnel ------------------------------- 704(a) 28
Codification of provisions of law into one Foreign Service Act--- 111(9) 2
Commissary service for Government personnel abroad -------- 921 45
Commissions as diplomatic or consular officers---------- 512, 524, 533 12,
15,17
Comparable position _-_---------------------------------- 502 12
Compensation. (See. Salaries.)
Compulsory service in United States for Foreign Service
officers ----------------------------------------------- 572 19
Computation of annuities:
Length of service____________________________________ 851 37
Persons not Foreign Service officers at time of retirement- 833 36
Procedure------------------------------------------ 821 32
Recomputing of_____________________________ ______ 855, 1112 .40, 55
Conferences and congresses, domestic or international, assign-
ment of Foreign Service personnel -------- .---------------- - 574 19
Consul general, bonds for true and faithful performance of
duty----------------------------------------------- 1011, 1121 50,55
Consul or vice consul:
Bonds, for faithful performance of duty, deposit and va-
lidity of----------------------------------------- -1011, 1121 50,55
Commissioning of Foreign Service staff officers as-------- - 533 17
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvggq;For Rele 3QQA( 9tllli(:QI tpp7 3721 A000600010019-3
Consular agents:
Section
Page
Appointment----------------------------------------
551
17
"Category of------------------------------------ ----
401(6)
5
'Classification of position ------------------------------
441, 445
10,11
'Salary provisions____________________________________
418, 445
8, 11
Separation from -service -------------------------------
671
27
'Consular districts, limits of_______________________________
513
1.2
Consulates general or consulates, salary provisions for officers
in charge---------------------------------------------
422
9-
Consultation with any Government agency -----------------
573(a)
19
"Continental United States", definition---------------------
121(6)
2
Continuance in force of existing rules, regulations, and Execu-
tive orders____________________________________________
1135
61
Contributions to Foreign Service retirement and disability
fund:
Compulsory-----------------------------------------
811
31
Order of precedence for payment-----------------------
841(b)
37
Return of______________________________________ 832,
834, 841
35,
36, 37
Voluntary, limitations and options_____________________
881
41
Correspondence on affairs of foreign governments, prohibition
of---------------------------------------------------
1004(a)
49
Couriers, assignment of Army and Navy personnel-----------
17
Credit. (See Service credit toward retirement.)
Custodians, assignment of Navy and Marine personnel-------
17
D
Date, effective of 1946 act________________________________
1141
61
Death in service, payment of annuities---------------------
832
35
Definitions of terms used in act:
Annuitants------------------------------------------
804
31
Abroad-------------------------------------- ------
121(7)
2
Chief of mission -------------- .-----------------------
121(9)
2
Continental United States ----------------------------
121(6)
2
Department-----------------------------------------
121(3)
2
Efficiency record-------------------------------------
601(1)
20
Efficiency report_____________________________________
601(2)
20
Government________________________________________
121(5)
2
Government agency__________________________________
121(4)
2
Principal officer --------------------------------------
121(8)
2
Secretary-------------------------------------------
121(2)
2
Service ---------------------------------------------
121(1)
2
"Department," definition ---------------------------------
121(3)
2
Departmental personnel, detail to Foreign Service Institute
faculty or staff----------------------------------------
704(c)
28
Dependents of Foreign Service personnel:
Physical examinations and inoculations----------------- 943 48
Travel expenses:
Post of duty, to and from----- 911(2), 911(6), 911(7), 911(10) 43, 44
Differentials in salary rates_______________________________ 10
Director General of Foreign Service:
Appointment---------------------------------------- 201 2
Functions and duties --------------------------------- 201 2
Responsibilities in connection with efficiency records----- 611, 622 20, 21
Director of Foreign Service Institute:
Appointment ----------------------------------------- 702 27
Duties -------------------------------------------- 702, 704(d) 27,28
Disability or incapacity, retirement benefits- - - - - - - - - - - - - - - - - 831 33
Discrimination, political, racial, religious, or color, prohibition
of--------------------------------------------------- 1005 49
Duties of Foreign Service officers. (See under Foreign Service
officers.)
E
Effective date of 1946 act_________________________________ 1141 61
Effective rules and regulations of Foreign Service, effective
until revoked or rescinded ------------------------------- 1135 61
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 0 'c1 sE QJArR 'ir 7O-Q 21 A0006QQ910019-3
Efficiency records: Section
Page
Availability for inspection__________________ _________ 612
20
Definition__________________________________________ 601(1)
20
Responsibility for keeping ---------------------------- 611
20
Efficiency reports, definition______________________________ 601(2)
20
Eligibility for promotion__________________________ 622, 624, 641, 661
21,
25, 26
Endowments and gifts to Foreign Service Institute---------- 706
29
Examinations, entrance: Responsibility for--------- 212(a), 516, 517
3, 13
Examinations, physical. (See Physical examinations.)
Examiners
Board of
(See Board of Examiners
)
,
.
.
Executive orders:
Compliance with, by Foreign Service officers ------------ 301
4
Continuance in force, notwithstanding provisions of act -- 1135
61
Exemption from parts of act of November 26, 1940---------- 446
11
Exemptions from taxation, gross income-------------------- 1051
52
F
Family members. (See Dependents.)
First-aid stations at certain posts--------------------------- 942(b)
48
Foreign governments:
Assignment of Foreign Service personnel to------------- 575
19
Prohibition of Foreign Service officer recommendations
for employment of personnel ------------------------- 1004(b)
49
Titles or presents to Foreign Service personnel, prohibition
of----------------------------------------------- 1002
49
Foreign Service Act of 1946, as amended:
Amendments to. (See Public laws and appendix.)
Headings of titles, parts, and sections, for convenience 1063
52
Invalid provisions, effect on other provisions------------ 1062
52
Liberal-construction clause____________________________ 1061
52
Provisions of act of July 3, 1946, effect on --- _ _ _ _ _ _ _ _ _ _ 1064
52
Short title__________________________________________ 101
1
Foreign Service Board. (See Board of the Foreign Service.)
Foreign Service Institute:
Aid to nonprofit institutions__________________________ 703
28
Appointment, assignment or detail to faculty or staff ----- 704(a)-
28
704(d)
28
Appointment of noncitizens___________________________ 704(e)
29
Details of personnel from Foreign Service, Department,
and other Government agencies -------- 704(b), 704(c), 704(d)
28
Director, appointment and duties---------------------- 702
27
Endowments and gifts to ------------------------------ 706
29
Establishment_______________________________________ 701
27
Functions ------------------------------------------ 701
27
Real property, acquisition of__________________________ 707
29
F
i
l
ore
gn
anguages:
Incentive awards for proficiency_______________________ 704(f)
29
Prerequisite for certain positions----------------------- 578
20
Training-------------------------------------------- 578,701
20,27
F
i
S
i
f th
U
it
d St
t
gn
ore
erv
ce o
e
n
e
es :
a
Delegation of authority --------------------------------------
52
Gifts to, conditional and unconditional, regulations--_--_ 1021
F
i
f
D
f S
h
50
unct
ons, trans
er to
epartment o
tate from ot
er
agencies------------------------------------------ 111(3)
1
Foreign Service officers:
Allotment for official residences of principal representa-
tives at post-----------------------------------------------
42
Ambassadors
(S
e Career ambas
adors
)
ti
.
e
.
s
Appointment---------------------------------------- 511
12
Category of----------------------------------------- 401(2)
4
Charge d'Affaires ad interim, salary provisions---------- 421
8
Chiefs of mission. (See Chiefs of mission.)
Citizenship requirements_____________________________ 515
13
Classification of positions. (See Classification.)
Commissions as diplomatic or consular officers ---------- 512
12
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 ApprovgcJ For Releafjg 2Q 11viSSlAcFPP73r93721AOOO6OOO1OO19-3
Foreign Service officers-Continued section
Page
Compulsory assignment in United States--------------- 572
19
Consulates general or consulates, salary provisions for
officers in charge of-------------------------------- - 422
9
Inspectors, assignment or detailed as------------------- 681
27
Ministers. (See Career ministers.)
Presidential appointments and assignments------------- 501(b)
12
Principal officer, definition-------------------- ------ 121(8)
2
Probationary status--------------------------------- 531, 635
16,24
P
ti
(S
P
ti
)
romo
ons.
ee
romo
on.
Reappointment or reinstatement------------- 520(a), 831(b), 871
14,
33
41
Reemployment----------------------------------- 520(c), 872
,
14, 41
Recall------------------------------------------- 520(b), 871
14,41
Retirement. (See Retirement.)
Salaries. (See Salaries.)
Selection-out. (See Selection-out, Separation.)
Separation. (See Separation.)
Training. (See Training assignments.)
Transfer from old classes to new (see also Sec. 16 of Public
Law 84-828) -------------------------------------- 1102
53
Transfers------------------------------------------- 514
12
Foreign Service Officer positions------------------------ 441(b), 578
10, 20
Foreign Service Reserve officers:
Annual and sick leave: Entitlements of Reserve officers -- 934
46
Category of----------------------------------------- 401(3)
5
Citizenship requirements- - --------------------------- 522
14
Cl
ification
(S
Cla
ification
)
.
ee
.
ass
ss
Commissions as diplomatic or consular officers---------- 524
15
Establishment of Reserve----------------------------- 521
14
Promotion. (See Promotions.)
Reappointment and reassignment---------------------- 527
1.6
Reinstatement-------------------------------------- 528
1.6
Salaries. (See Salaries.)
Separation. (See Separation.)
Transfers------------------------------------------- 523
15
Foreign Service retirement and disability fund, (See Retire-
ment and disability fund, Foreign Service.)
Foreign Service retirement and disability system. (See Retire-
ment and disability system, Foreign Service.)
Foreign Service staff officers and employees:
Category of----------------------------------------- 401(4)
5.
Citizenship requirement------------------------------ 534
17
Classification. (See Classification.)
Commission as consul or vice consul------------------- 533
17
Probationary period--------------------------------- 531
16
Promotion. (See Promotions.)
Retirement. (See Retirement.)
Salaries. (See Salaries.)
Separation. (See Separation.)
Training. (See Training assignments.)
Transfer from old classes to new----------------------..-------
7'
Transfers------------------------------------------- 532
16
Fund. (See Retirement and disability fund, Foreign Service.)
Furniture, household goods, and personal effects, transporta-
tion and storage----- 911(3), 911(4), 911(5), 911(6), 911(7) -----------
43, 4:4
Gifts
to Foreign Service:
Conditional and unconditional------------------------ 1021
50
Endowments and gifts to Foreign Service Institute- - - --- 706
29
Presents or titles from foreign governments, prohibition of _ 1002
4:9
Real or tangible personal property--------------------- 1021(d)
51
"Go
vernment," definition--------------------------------- 121(5)
2
"Go
vernment agency," definition--.------------------------ 121(4)
2
Approved For Release 2000/09/11: CIA-RDP78-03721AO00600010019-3
 Approved For Release 2000M MI satAiRRP7S-0370 A0006
10019-3
Government agencies and other Government establishments:
Section
Page
Activities of Foreign Service, coordination with----------
201
2
Assignment of Foreign Service officers to:
Detail to, for consultation------------------- 571(a),
573(a)
18, 19
Length of detail---------------------------------
571(a)
18
Salaries payment--------------------------------
571(d)
18
Duties and functions of Foreign Service toward---------
311
4
Representatives on Board of Foreign Service ------------
211
3
Governing Bodies for direction of Foreign Service:
Boards. (See Board of Examiners; Board of the Foreign
Service.)
Officers:
Deputy Director General. (See Sec. 202, repealed by
Public Law 73 (81st Cong.).)
Director General. (See Director General of Foreign
Headings of titles, parts, and sections of act----------------
1063
52
Hearings for separation from service-----------------------
637
24
Home leave, travel expenses------------------------------
911(1)
43
Hospitalization. (See Medical expenses.)
Household equipment, on loan basis-----------------------
912
44
Household goods, furniture, and personal effects, transportation
and storage----------------- 911(3), 911(4), 911(5), 911(6), 911(7)
43,44
I
Incapacity or disability, retirement benefits-----------------
831
33
Incentives for language proficiency or special abilities--------
704(f)
29
In-class promotions. (See under Promotions.)
Income taxes on gross incomes, exclusion from--------------
1051
52
Inoculations and vaccinations:
Cost of administering--------------------------------
943
48
Dependents-----------------------------------------
. 943
48
Institute, Foreign Service. (See Foreign Service Institute.)
Inspections:
Authority of inspectors -------------------------------
681.
27
Detail of Foreign Service officers----------------------
681.
27
Diplomatic and consular posts, every 2 years------------
681
27
Inspectors, building, assignment of Army and Navy personnel--
17
Institutions, nonprofit, aid from Foreign Service Institute- - _ -
703
28
International agreements:
Compliance with, by Foreign Service personnel----------
301
4
Duties of Service toward-----------------------------
201
2
International organizations, assignment of Foreign Service
personnel to-------------------------------------------
571
is
Invalid provisions of Foreign Service Act of 1946, effect on
other provisions---------------------------------------
1062
52
Investment of moneys in Foreign Service retirement and dis-
abilityfund -------------------------------------------
. 863
40
La
L
nguages,foreign ---------------------------------_---
500, 578
11,20
Le
ave:
Application of Annual and Sick Leave Act--------------
936
47
Career Minister-------------------------------------
936
47
Leaves of absence, in computation of length of service----
851
37
Statutory leave after 18-month absence----------------
933
46
Reserve officers-------------------------------------
934
46
Transfer of leave-------------------------------------
934, 935
46,47
Li
beral-construction clause of Foreign Service Act of 1946-----
1061
52
Li
st of officers qualified for appointment as career minister,
career ambassador, or chief of mission--------------------
502
12
Lo
an of household furnishings and equipment--------------.-
912
44
Lo
yalty requirements: Applicants for Foreign Service officer
positions---.------------------------------------ 212(a),
516, 517
3, 13r
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approvq#)For Rele 2QN&9111vFcQI QP7A.603721A000600010019-3
Mandatory retirement, temporary provisions---------------- 1111 54
Marine Corps, assignment of personnel to Foreign Service------------- 1.7
Medical-services:
Dependents_________________________________________ 941, 943 47,48
Expenses of treatment________________________________ 941 4:7
First aid stations and nurses__________________________ 942(b) 4:8
Physical examinations and inoculations----------------- 943 48
Travel. (See Travel.)
Mess. (See Commissary service for Government personnel
abroad.)
Military or naval service: Active, retirement credit for_______ 852, 854 38, 40
Ministers, career. (See Career ministers.)
Misconduct or malfeasance_________________________ 637, 663, 671(b) 24,27
Motor vehicles, transportation of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 913 44
N
Navy, Department of, assignment of personnel to Foreign
Service-------------------------------------------------------
Nongovernmental institutions and organizations, assignment
of Foreign Service personnel to__________________________ 573(b)
0
Objectives of Foreign Service_____________________________ 111 1
Official residences of principal American representatives at post,
allotment for--------------------------------------------------- 42
Personnel:
Appointments and assignments. (See Appointments; As-
signments.)
Categories__________________________________________ 401 4
Detail to Foreign Service Institute faculty or staff------- 704(b), 28
704(c), 704(d) 28
Prohibition of Foreign Service officer recommendations for
foreign government employment--------------------- 1004 (b) 49
Records, availability for inspection -------------------- 612 20
Salaries. (See Salaries.)
Transfer of, to new classification_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1103 53
Physical examinations:
Applicants and/or their dependents---------------- 516, 517, 943 13, 48
Disability or incapacity______________________________ 831(b) 33
Employees and dependents___________________________ 943 48
Principal officer, definition________________________________ 121(8) 2
Probationary periods for staff employees____________________ 531 16
Probationary status, FSO-7 and FSO--8-------------------- 635 24
Prohibitions :
Correspondence re foreign governments_________________ 1004(a) 49
Discriminations, political, racial, religious, or color ------- 1005 49
Engagement in business abroad_______________________ 1003 49
Gifts from foreign governments________________________ 1002 49
Recommendations for employment of persons to foreign
governments______________________________________ 1004(b) 49
Uniforms, except as authorized by law ----------------- 1001 49
Promotions:
Alien clerks and employees___________________________ 661 26
Foreign Service of&cers_______________ 432(c), 621, 622, 623, 1104 10,
21, 54
Foreign Service Reserve officers---------------------- 624, 1104 21,54
Foreign Service staff officers and employees ------------ 641, 1104 25, 54
Recess--------------------------------------------- 432(c) 10
Recommendations for-------------------------------- 623 21
Transfer from old classification to new (see also Sec. 16 of
Public Law 84-828) ---------------------- 1102(c), 1103, 1104 53, 54
Within-class salary increases-------------------------- 625, 642 22,26
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 A410019-3
Approved For ReleaseA09ffl 'k1 8-E9j#ERPFZP-9~4721A0006G
Public laws, amending or affecting Public Law 724: List. section
Page
(See Appendix.) -----------------------------------------------
65
R
Real property for Foreign Service Institute, acquisition of---- 707
29
Reappointment or reinstatement of officers-------- 520(a), 831(b), 871
14,
33, 41
Reassignment of officers---------------------------------- 519
14
Recall of officers-------------------------------------- 520(h), 871
14,41
Recommendations for employment by foreign governments--- 1004(b)
49
Recreation----------------------------------------------- 921
45
Reemployment of officers------------------------------ 520(c), 872
14,41
Regulations and rules:
Authority for prescribing----------------------------- 302, 303
4
Continuance in force--------------------------------- 1135
61
Delegation of authority to prescribe-------------------- 303
4
Reinstatement of Reserve officers-------------------------- 528
16
Remains of officers and family members who die abroad, ex-
penses------------------------------------------------
911(8)
44
Repeal of particular statutes, listed----------- 1131, 1132, 1133, 1134
55,
60
61
Reports to Congress:
Foreign Service retirement and disability fund - - - - - - _ - - - 862
,
40
Representation abroad, allowance for---------------------- 901
42
Reserve officers. (See Foreign Service Reserve officers.)
Rest and recuperation------------------------------------ 911(9)
44
Retirement:
Benefits-------------------------------------------- 519,
14,
631, 632, 633, 634, 636, 637, 821, 831, 832, 833, 834, 841
22-24,
32-37
Career ambassadors---------------------------------- 631
22
Career ministers------------------------------------- 631
22
Chiefs of mission------------------------------------ 519
14
Classes 1-3----------------------------------------- 634(a)
23
Classes 4-7----------------------------------------- 634(b)
23
Extension of services in the public interest-------------- 631, 632
22
Participants not career ambassadors or career ministers -- 632
22
Participants separated for cause----------------------- 637
24
FS officers who are chiefs of mission-------------- --- 519
14
FS staff officers and employees------------------------ 803(c)
30
Mandatory, temporary provision------- ------------- 1111
54
Voluntary, with benefits------------------------------ 636
24
Retirement and disability fund, Foreign Service:
Annuitants. (See Annuitants.)
Appropriations, annual:
Estimate of needs------------------------------- 861
40
Evaluation of, every 5 years---------------------- 861
40
Attachments of moneys in---------------------------- 864
40
Contributions:
Compulsory------------------------------------- 811
31
Return of:
Classes 4, 5, 6, and 7------------------------ 634(b)(2)
23
In excess of annuity payments---------------- 841(b)
37
Misconduct--------------------------------- 637
24
Noneligibility on length of service------------- 841(a)
37
Unsatisfactory performance of duty ------------ 637
881
24
41
Voluntary ------------------------------------- _
Investment of moneys in fund------------------------ 863
40
Maintenance of------------------------------------- 802
30
Recomputing of annuities---------------------------- 1112
55
Reca
lled, reappointed, or reemployed officers, status of- - - - - - - 871
41
Rep
ort to Congress on condition of fund------------------- 862
40
i
R
m
Forei
n Service:
st
d di
bilit
t
et
,
g
sa
y sy
e
an
remen
Administration of------------------------------------ 801(b)
30
Death in service______________________________ ---- 832
35
Disability or incapacity------------------------------ 831
33
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approv94,For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
THE FOREIGN SERVICE ACT OF 1946
Retirement and disability system Foreign Service-Continued section Page
Participants---------------------------------------- 803 30
Rules and regulations, authority to prescribe------------ 801(a) 29
Service credit toward retirement:
Military or naval service, active------------------- 852, 854 38, 40
Prior Government service------------------------- 852 38
Unhealthful posts------------------------------- 853 39
Salaries:
Alien clerks and employees--------- ---------------- 417, 444 8, 11
Career ambassadors and career ministers--------------- 412 5
Charge d'affaires ad interim---------------------------- 421 8
Chiefs of mission------------------------------------ 411, 431 5, 9
Consular agents------------------------------------- 418,445 8,11
Differentials---------------------------------------- ------ 10
Foreign Service Institute faculty and personnel---------- 704(a) 28
Foreign Service officers-------------------------------- 412E432 5,9
Foreign Service Reserve officers ------------ 414 (b), (c), 432, 528 6, 9, 54
Foreign Service staff officers and employees-------- 415, 432, 1105 7, 9, 54
Objectives------------------------------------------ 111(7) 1
Officers temporarily in charge of consulates general or
consulates ----------------------------------------- 422 9
Personnel assigned pursuant to section 571(a)-(c) -------- 571(d) 18
Retirement deductions from-------------------------- 811 31
Time of receiving---------------------------------- 431, 432 9
Transfer of Foreign Service officers to new rates (see also
see. 16 of Public Law 84-828) ----------------------- 1102(b) 53
Within-class increases---------------------------- 625, 642, 661 22, 26
"Secretary," definition----------------------------------- 121(2) 2
Selection boards for officer performance evaluation ----------- 623 21
Selection-out. (See Separation, FSO's.)
Separation:
Alien clerks and employees--------------------------- 662, 663 26, 27
Consular agents------------------------------------- 671 27
Foreign service officers:
Mandatory retirement--------------------------- 631, 632 22
Misconduct------------------------------------- 637 24
Selection-out------------------------------------ 633,634 23
Separation for cause----------------------------- 637 24
Termination during probation--------------------- 635 24
Unsatisfactory performance----------------------- 637 24
Voluntary retirement---------------------------- 636 24
Foreign Service Reserve officers-.---------------------- 637,638 24, 25
Foreign Service staff officers and employees:
Misconduct------------------------------------- 637,638 24,25
Separation for cause----------------------------- 637 24
Termination of limited appointment--------------- 638 25
Unsatisfactory performance----------------------- 637 24
"Service," definition---------------------------------------- 121(1) 2
Sick leave. (See Leave.)
Specialization, functional and geographic area--------------- 626 22
Statutes of United States, compliance with, by Foreign Service
officers----------------------------------------------- 301 4
Statutes (see also Public laws), repeal of, listed_- 1131, 1132, 1133, 1134 55,
60, 61
Statutory leave of absence after 18-month service abroad------ 933 46
Storage of household goods and furniture______________ 911(4), 911(5) 43
Suspension by inspectors:
Principal officers------------------------------------- 681 27
Other officers and employees__________________________ 681 27
Taxes:
Exclusion of allowance from gross income--------------- 1051 52
Gifts to Foreign Service____________________________ 1021(e) 51
Temporary provisions of act____________________________ 1101-1122 53-55
Title, short, for titles I-X---------- .---------------------- 101 .1
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2QQW" 1shCvi&PAQPa18 a21A0006Q10019-3
Training: Section
Page
Language training----------------------------------- 578
20
Language training for spouses_________________________ 701
27
Training assignments:
Associations, trade, scientific, etc__________________ 573(b)
19
Commercial firms________________________________ 573(b)
19
Foreign Service Institute:
Department officers and employees ------------ 704(c)
28
Foreign Service officers and employees --------- 704(b)
28
Persons from other Government agencies------- 704(c)
28
Other Government agencies----------------------- 573(a)
19
Public or private nonprofit institutions------------- 573(a)
19
Transfer of leave---------------------------------------- 935
47
Transfers:
Alien clerks and employees--------------------------- 542
17
Foreign Service officers------------------------------- 514
12
Foreign Service Reserve officers_______________________ 523
15
Foreign Service staff officers and employees------------- 532
16
Present positions to new positions (see also Sec. 16 of Public
Law 84-828, and Sec. 904 of P. L. 87-937) ------------ 1103
49
Transportation. (See Travel and related expenses.)
Travel and related expenses:
Family members----------------- 911(2), 911(6), 911(7), 911(10)
43,44
Furniture, household, and related effects---------- 911(3), 911(7)
43,44
Medical purposes------------------------------------ 942(a)
48
Privately owned motor vehicles----------------------- 913
44
Remains of officers or family members------------------ 911(8)
44
Rest and recuperation-..------------------------------ 911(9)
44
Storage of furniture, household goods, or personal effects-- - 911(4)
43
911(5)
43
To recreation facilities------------------------------- 921(d)
46
Treasury, Department of, deposit of gifts to Foreign Service:
Conditional and unconditional------------------------ 1021
50
Real or tangible property----------------------------- 1021(d)
51
Unhealthful posts:
Extra service credit for service at---------------------- 853
39
Uniforms, except as provided by law, prohibition of ---------- 1001
49
Unsatisfactory performance of duty----------------- 637, 662, 671(a)
24,
V
Vaccinations and inoculations for employees and dependents-
943
48
Vehicles :
Government-owned, use of----------------------------
921 (d)
46
Privately owned, transportation of_____________________
913
44
Vice consul:
Bonds, for faithful performance of duty, deposit and va-
lidity of--------------------------- _------------ 1011, 1121
50, 55
Commissioning of Foreign Service staff officers as-------- 533
17
Voluntary contributions to Foreign Service retirement and
disability fund, limitations and options___________________ 881
41
Voluntary retirement:
Benefits-------------------------------------------- 636
24
Persons not Foreign Service officers at time of retirement.. 833
36
W
Widow's annuity------------------------------------- 821(b), 832
32,35
Within-class salary increases-------------------------- 625, 642, 661
22,
26, 26
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
 Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
Approved For Release 2000/09/11: CIA-RDP78-03721A000600010019-3
MR,