FOREIGN SERVICE ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000902180006-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 27, 2016
• Document Release Date: March 13, 2013
• Sequence Number: 6
• Publication Date: September 29, 1980
• Content Type: REPORT

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igning
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(1) A restatement of the Constitutional prohibition against any ?
appointment of an ambassador or minister without the advice and
consent of the Senate, other than by recess appointment; and
(2) A requirement that the President submit a report when con-
ferring the personal rank of ambassador or minister at least 30
days in advance of the conferral.
The conference substitute in section 302(a)(2)(B) is similar to the
Senate amendment but adds language permitting exceptions to the
30-day advance notice requirement in urgent cases.
REPORTS ON DEMONSTRATED COMPETENCE OF CHIEF OF MISSION
NOMINEES
The Senate amendment required the President to provide to the
Senate Foreign Relations Committee a report on the demonstrated
competence of each person nominated for appointment as a chief of
mission.
The House bill contained no cofnparable provision.
The conference substitute in section 304(a)(4) is identical to the
Senate amendment.
REGULATION OF EMPLOYMENT OF FAMILY MEMBERS AT FOREIGN
SERVICE POSTS ABROAD
The Senate amendment required the Secretary of State to issue
regulations governing all Federal agencies' employment at Foreign
two as- Service posts abroad of family members of all Government person-
aid one nel.
The House bill contained no comparable provision.
The Conference substitute contains no provision on this issue.
a?
FOREIGN SERVICE SALARY SCHEDULE
The House bill established a 10-class Foreign Service salary
schedule, with each class corresponding to a specified grade in the
lare the General Schedule. Each class was required to have 14 salary steps.
iployees The Senate amendment authorized the President to establish a 9-
e Office class Foreign Service salary schedule with a maximum salary rate
not exceeding the maximum rate for GS-15 of the General Sched-
)repared ule. However, the Senate amendment did not establish specific
-eneral s linkages between the Foreign Service Schedule and General Sched-
ule for the Various salary classes.
e as the The conference substitute in section 403 adopts the Senate
amendment. The committee of conference understands that the pay
schedule reproduced below will be implemented by the President,
effective the first day of the first pay period beginning on or before
October 1, 1980, under the authority provided to the President
personal under the Federal Pay Comparability Act of 1970 (5 U.S.C. 5301, et
)n an in- seq.). The new pay schedule represents a compromise between the
resident. pay option adopted by the House and that initially supported by
,rt to the the Administration. The $27.4 million proposal contains nine salary
'tends to classes as do the present pay schedules for the Foreign Service. The
.September 24, 1980 letter from the Deputy Director of the Office of
nd added Management and Budget to the chairmen of the various commit-
tees follows, together with charts indicating the new linkages, corn-
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parative details among various pay options and the intergrade dif-
ferentials between salary classes in the new option:
EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, D.C., September 24, 1980.
DEAR MR. CHAIRMAN: This letter is to advise you that the Ad-
ministration strongly prefers the Senate provisions in Sections 403,
406 and 2101, regarding Foreign Service compensation, in H.R.
6790, the proposed Foreign Service Act of 1980. It also provides you
with an up-dated Foreign Service pay schedule that the President
would authorize in implementation of those Sections of H.R. 6790.
.4<
As you can see, the attached up-dated schedule sets forth consider-
-?igher linkages between the Foreign Service and the General
, Schedule than the one I provided you in my letter of April 1.
We1belieVe ;that it ris:abwlutely-Tessential .. for -the President to
have authority-to set the linkage between the'FS and GS pay sys:
tems in order -for-him to carry- out his responsibility for the man-
agement of the statutory pay systems' in ?the , executive branch.
, Duties and responsibilities for positions compensated under the FS
and GS,:--payn systems-change , frornainie totime, necessitating
changes ;iti'-,liiikage=points: The Congress has recognized the I need
for continued attention to matters of this type in granting the
President authority over linkages under the Federal Pay Compara-
bility Act. We believe it inappropriate to take that authority from
the President.
The higher linkages which the President would implement,
j under the provisions of the Senate-passed bill, take into considera-
tion the critical concerns expressed both in the Senate and House.
This proposal would make a one-time increase in FS pay that aver-
ages $2,570 a year or 9.6 percent, effective in the first pay period
and with conversion to the new schedule on a step for step basis, at
a cost of approximately $27.4 million annually. Compounded 'with
the forthcoming October 1 Federal pay increase of 9.1 percent, FS
pay would go up an average of 19.6 percent this year. The Adminis-
tration believes that this proposal provides for a sound compensa-
tion system for the Foreign Service. At the same time, it is the
largest increase that can be provided under a fair assessment of
comparability between the FS and GS systems. .
Accordingly, we strongly urge enactment of Sections 403, 406 and
2101 of the Senate-passed bill instead Of the House-passed version
of those sections.
The Administration's positions on other differences between the
Senate and House bills have been conveyed by staff of the State
Department of staff of your Committee.
Sincerely,
LINKAGE PROVIDING COMPARABILITY BETWEE
Enclosure.
JOHN P. WHITE,
Deputy Director.
Current grade
Current
linkage
FSO/R/RU-3
FSO/R/RUL4 GS-13
? FSO/R/RU-5
FSO/R/RU-6
FSO/R/RU-7
FSO/R/RU-8 GS-7
FSS-1
FSS -2
FSS -3
FSS-4
FSS-5
FSS-6
FSS-7 -
FSS-8
FSS-9
FSS-10 GS-4
GS
GS
GS.
GS.
GSI
GS-
GS-
GS;
GS-;
'Approximate,
Current class
COMPARATIVE DETAILS AN
New class Current linkages
0-3 FS-1 ?CS-14.40 , (
0-4 FS-2 GS-13 :' (
0-5 FS-3 LS-11.76,t, 'C
0-6 FS-4 GS-10.38 G
G
0-7 FS-5 GS-8.54 G
S-5 GS-9.22
0-8 FS-6 GS-7 G
S-6 GS-810
S-7 FS-7 GS-7.02 G:
S-8 FS-8 GS-5.98 G!
S-9 and 10 FS-9 GS-4 G!
Cost in millions
Current
OPTION AT $2
FSO/R/RN-3, FSS-1
FSO/R/RN-4, FSS-2
, FSO/R/RN-5, FSS-3
FSO/R/RN-6, FSS-4
FSO/R/RN-7, FSS-5
FSO/R/RN-8, FSS-6
FSS-7
FSS-8
FSS-9, FSS-10
In adopting the Senate amendm,
accepts, for the time being, the ad
posal as an urgently needed first
pay for the Foreign Service. The F
1970 requires the President to
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LINKAGE PROVIDING COMPARABILITY BETWEEN THE FOREIGN SERVICE AND THE GENERAL SCHEDULE
Current grade
Current
linkage
Current first step
faY
New grade New linkage
New first step
Pay
FSO/R/RU-3
65-14.40
FS-1 65-15
65-15.00
FSO/R/RU-4
GS-13
GS-13.00
FS-2
65-13.71
FSO/R/RU-5
GS-11.76
FS-3
65-12.43
FSO/R/RU-6
65-10.38
FS-4
G5-11.28
FSO/R/RU-7
GS-8.54
FS-5 65-9/ step 2
GS-9.34
FSO/R/RU-8
. GS-7
65-7.00
FS-6
GS-8.20
FSS-1
65-14.40
FS-1 65-15
65-15.00
FSS-2
GS-13.00
FS-2
65-13.71
FSS-3
GS-11.76
FS-3
65-12.43
FSS-4...
65-10.38
FS-4
GS-11.28
FSS-5
65-9.22
FS-5 GS-9/ step 2
GS-9.34
FSS-6
65-8.10
FS-6
65-8.20
FSS-7
GS-7.02
FS-7
GS-7.10
FSS-8
65-5.98
FS-8
GS-6.03
FSS-9
GS-4.97
FS-9 GS-5
65-5.00
FSS-10
65-4
GS-4.00
FS-9 GS-5
GS-5.00
Approximate.
COMPARATIVE DETAILS AMONG VARIOUS PAY OPTIONS
Current dens
New class Current linkages House bill
Pay options
Compromise
$27.4 option
0-3
FS-1
65-14.40
65-15
65-15
GS-15
GS-I5
0-4
FS-2
65-13
65-14
65-14
GS-14
GS-13.71-
0-5
FS-3
GS-I1.76
65-13
65-13
GS-12.5
65-12.43 .
0-6
FS-4
65-10.38
65-12
65-12
65-11
65-11.28 .
GS-11
65-11
0-7
FS-5
65-8.54
65-9
GSA
65-9
GS-9.34
5-5
GS-9.22
0-8
FS-6
GS-7
65-8
65-7
GS-7
GS-8.20
5-6
65-8.10
S-7
FS-7
65-7.02
GS-7
65-6
GS-6.
GS-7.10
5-8
FS-8
GS-5.98
65-6
65-5
GS-5
GS-6.03
5-9 and 10
FS-9
65-4
GS-5
GS-4
GS-4
GS-5
Cost in millions
$34.1
$33.8
$29
$27.4
OPTION Al $27.4 MILLION
Current
New
Step one rates
GS equivalents
Intergrade
differenties
(percent)
FSO/R/RN-3, FSS-1
FS-I
$40,832
GS-15.00
23.41
FSO/R/RN-4, FSS-2
FS-2
33,086
GS-I3.71
23.41
FSO/R/RN-5, FSS-3
15-3
26,810
GS-I2.43
23.41
FSO/R/RN-6, FSS-4
FS-4
21,724
GS-11.28
23.41
FSO/R/RN-7, 155-5
FS-5
17,603
GS-9.34
11.85
FSO/R/RN-8, FSS-6
FS-6
15,737
GS-8.20
11.85
FSS-7
FS-7
14,068
65-7.10
11.85
155-8
FS-8
12,576
GS-6.03
11.85
155-9, FSS-10
FS-9
11,243
GS-5.00
11.85
In adopting the Senate amendment, the committee of conference
accepts, for the time being, the_administration's September 24 pro-
posal as an urgently needed first step in moving toward adequate
pay for the Foreign Service. The Federal Pay Comparability Act of
1970 requires the President to establish appropriate linkages
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among the various Government pay schedules and between those
schedules and the private sector. It is clear that recent administra-
tions have failed to bring Foreign Service pay in line with other
pay scales. The conferees are not convinced that this proposal
achieves the statutory mandate of pay equality. It does, however,
move in the right direction.
In setting pay levels for? the Foreign Service, the President
should take the following special characteristics of Foreign Service
duty, among others, into account: (a) the requirement that any
member of the Foreign Service serve in any country to which he or
she is assigned; (b) the extraodinary threat to personal safety in
peacetime as well as in war; (c) the continual scrutiny of Foreign
Service members and their families by foreign audiences; and (d)
the accountability of the Foreign Service for the actions of the
United States abroad.
WITHIN-CLASS SALARY INCREASES
The House bill provided that members of the Foreign Service
paid under the Foreign Service Schedule shall receive within-class
step advances after 52 weeks of service in each of the first 9 steps
of each class and after 104 weeks of service in steps 10 through 13.
The provision also authorizes denial of within-class salary increases
by selection boards based on inadequate performance and addition-
al step increases by the agency head based on especially meritori-
ous service.
The Senate amendment contained a similar provision, but did
not specify the? frequency of within-class salary increases. Instead,
it authorized the increases to be granted at periodic intervals leav-
ing the time period to be set by agency regulation.
The conference substitute in section 406 is the same as the House
provision.
PREMIUM PAY? FOR FOREIGN SERVICE OFFICERS
of special differentials or the
be paid.
REPORTS TO CONGRESS ON ASSI
The House bill in section 412 authorized the Secretary to pay
special differentials to Foreign Service officers required to perform
additional work on a regular basis in substantial excess of normal
requirements. However, such a differential would not be payable
with respect to work for which additional compensation is payable
under the premium pay provisions in Title 5, United States Code.
Section 2304 of the House bill amended title 5, United States Code,
to authorize premium pay for Foreign Service officers other than
members of the Senior Foreign Service, as was the practice prior to
October 1, 1978.
The Senate amendment was designed to prevent junior FSO's
from receiving premium pay. However, the amendment also contin-
ued special differentials for Foreign Service officers assigned addi-
tional work. Section 2304 of the Senate amendment continued the
existing exclusion from premium pay of Foreign Service officers,
but specified that compensatory time off could be provided.
The conference substitute in sections 412 and 2304 adopts the
Senate amendment but adds language requiring reports to be made
to the Committee on Foreign Affairs and the Committee on For-
eign 'Relations should limitations be placed on the dollar amounts
The Senate amendment in s
to Congress on Foreign Service
sified more than one grade hig
of the individuals assigned to ti
The House bill contained no (
The conference substitute i
amendment.
FOREIGN Si
The Senate amendment direc
gram of Foreign Service award;
rious service to the Nation by r
duding extraordinary valor in
The House bill contained no ci
The conference substitute in
Senate amendment. The commi
current law provides for moneta
ice awards will not be monetary.
CAREER DI
The House bill in section 703(c
terms to design training prograz
development for members of the
The Senate amendment in sec
in more specific terms to establii
gram for the members of the Fo
reers, and described the emphasi
gram at various career stages.
The conference substitute incor
a new section 703 which deals ex(
The substitute also adds languagE
ment skills.
MANDATORY
The House bill raised the man
pants in the Foreign Service and
The Senate amendment retain
retirement age of 60.
The conference substitute in sec
? provision. The committee of confe
ment reflects the advances math
expectancy, availability of healt
tion. The retention of a mandator
reflects the demonstrated correl:
overseas assignability of membei
strong reaffirmation of the requi
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OLC?Conf. Rept.?H6790
HOUSE OF REPRESENTATIVES
REPORT
No. 96-1432
FOREIGN SERVICE ACT OF 1980
SEPTEMBER 29, 1980.?Ordered to be printed
Mr. FASCELL, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 6790]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 6790) to
promote the foreign policy of the United States by strengthening
and improving the Foreign Service of the United States, and for
other purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the amendment
of the Senate and agree to the same with an amendment as fol-
lows:
In lieu of the matter proposed to be inserted by the Senate
amendment insert the following:
SECTION 1. SHORT TITLE.?This Act may be cited as the "Foreign
Service Act of 1980".
SEC. 2. TABLE OF CONTENTS.?The table of contents for this Act is
as follows:
TABLE OF CONTENTS
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I?THE FOREIGN SERVICE OF THE UNITED STATES
CHAPTER 1-GENERAL PROVISIONS
Sec. 101. Findings and objectives.
Sec. .102. Definitions.
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