LETTER TO THE HONORABLE ROWLAND R. HUGHES, FROM THE SCOPE

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CIA-RDP59-00224A000200080001-5
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RIPPUB
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K
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68
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December 12, 2016
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July 15, 2002
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1
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Publication Date: 
November 18, 1954
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LETTER
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Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 hovembel, 18, 1954 Dear 141:.-. Fughost AZ you e.:7E, aAnre, I apoointsky.l. 8 Pali* C%Arri t study Ills administration of the Fore:!.gn rce akid tcLdvise me on a vogrem far- tenth?4 to the efficia;Lcir of oporatione of the DGpartct f L,"1 71(':. Or tin. Foreign C,ervice, In ?..St4 of It-)54., Co17,mitto autrilitted itL4 report, the co-,rner4to, v.,:te I prop ,!.:148.1 to lutegrat to the cxt-.7.11-1, ealverf4s th*: Depart- Sarvi.0 offio-et, the Fore gn -$0179rice ;-121d the Foreign Service heseve and StL c rE into as!rAr vice oS s sign- ct et hco roa1 at the ef the aLiei t iOn the Committee made o G :V0r3 inte--,OW.t pro?-in t cf1e.,ve- J,:ess of o)vez-Ln%11 ageert end :.adminit-.ratin-. Most of te::.eccwilengt?ttf,.:)as by' the Com'ettee cen be ca'oried out under eldeting lawl some require new legieletionn...rinf ameindments to the Foreign Service ,kct of 5.946, as ii In secordawA vitt' established procedures there is 7 trtlie1 heref.-Ui zo,-.)tc-e of; (1) A draft of a pro-- h5?11 that 1.nicrporatC1 t'773; legisl:Ationt most -(ihr-gc:ntly nowiti fa: the imi,-.:,71.em.-:.:,ntiation or the program; a219.,,e1::1. tie to ao..hive dt,rab1e elangos (Tab Ah (2) An explanation of cL or its pk'ovLio Fab B); and (3) Proposed. tr:kr.smitt,e.1 letters to the President of the Sento end Vie arriAcl:er of the House of RepresontativetDb?, The scope The Honorable Rowland R. Hughes, tirector, Bureau of the Budget? Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 - 2 - The scope of the proposed bill is limited to those items considered to be of major importance to the early achievement of the integration program9 and several items which our experience has indicated -equire amend- ment in order to facilitate nd to im:Irove the adminis- tration of the Foreign Service. The Lill does not include certain amendments that are dt ils.- 519 bet not urgently needed. It should be noted that the propoad llztioa does not provide for upward adTustment in the salaries of Foreign Service personnel; hewevee, th Department believes that any pay inert:sacs wEich may bc granted for Federal employees generally should Etl fply to personnel of the Servide. This can te aclished either by making an appropriate revielon of the FJ-)reAgh Service Act of 19469 as propesed for emeeeeeet, or be extending the provisions of more goner el le&elelatiee to cover the personnel of ths Foreign Servie 7, The proposed legislatioi was devr.lrip:31 saltation with representatives of theof Agriculture, Commerce and La'.Cors the Cent 'A, tiui gence Agency,. the Foreign Operations 1.(lial.,:?Z..r...4-,-,s?at;GK, the United States Informtion Agency, an,3 Ct of the President's adviser ha Fsreonnz.I The per annum cost of itapierrantir,; ty" I 'pi' the proposed ):dll is estinated to kil:out ,7.V12.00C.i fiscal year 1955, pnd $1,285.0)00 in fiscal 1956 and succeeding yearsc. A. bre'A.-down C'eAt, items is enclosed (Tab D). 1,n evince Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Awl\ Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 - 3 - In accordance with established procedure, the Department would like to know whether there is any objection to submitting these proppeals to the Congress under the conditions outlined above. In this connection individual member? of the Foreign Affare Comittee ef the House of Representatives and of the Fereien Rela, time Committee of the Senate have expreeeed considere able interest in the early submiosion of tha legislation needed to improve the personnel managoecet cf ttio Depart- ment of State and of the Foeaign ,Serelec., Ceneeeuently, it is the Department's hope that the propeeee, legislation can be transmitted to the Congrese at %he eeeliest possible date. Sincerely yours, John Fostee Teel3es Enclosures (in quadruplicate); 1. Proposed letter to ths President of the Seeete, 2. Proposed letter to the Speaker of tile }loose or Representativee. 3. Proposed bill. 4. Explanation of proposed OM. 5. Estimate of coat Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 AO? Approve For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 A BILL To amend the Foreign Service Act of 1946, as amended, and for other purposes. Be it enacted the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 413(a) 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." (b) Section 413(b) of such Act is hereby repealed. SEC. 2. Section 443 of ouch 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 extraordinarily difficult living conditions, excessive physical hardship, or notably unhealthful conditions. The Secretary shall prepare and maintain a list of such posts." SEC. 3. The first sentence of section 517 of such Act is amended to read as follows: "SEC. 517. 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 such examinations as the Board of Examiners for the Foreign Service may prescribe to determine his fitness and aptitude for the work of the Service; de? monstrated 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 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Government irro' Approved Rare Release 2002/07/23 : CIA-RDP59-00224M00200080001-5 - 2 - 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." SEC. 4. Section 522 of such Act is amended (1) By striking out in paragraphs (1) it appears therein and inserting the word "five" in the following particulars: and (2) the word "four" wherever in lieu thereof. (2) By striking out in paragraph (1) the phrase "of a specialized charac- ter; and" and inserting a semicolon after the word "qualifications" at the end thereof. (3) By striking out the period at the end of paragraph (2) and inser- ting "; and" after the word "concerned". (4) By inserting after paragraph (2) thereof the following new paragraph "(3) extend the period of service of a Reserve officer as provided in (1) and (2) of this section for a period not to exceed two additional years." SEC. 5. (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 assignments to be for a period of not more than four years, except that the Secretary may extend this four-year period." (b) Section 571 is further amended by adding at the end thereof a new sub- section (e) which shall read as follows: "(6) The salary of an officer or employee assigned pursuant to the terms of this section shall be paid from appropriations made salaries of officers and employees of the Service. reimbursed, however, when the Secretary enters into heads of Government agencies for all or any Dart of available for the payment of Such appropriations may be reimbursement agreements with the salaries of officers or employees as:igned to such agencies and payment is received pursuant thereto, or when an o f f 3.A PPrfeYelgrkArogkekae ?qP 2417/ind TVs! ficg:g 410 Wqmo ,5 n zne salary of which Approved For IlIblease 2002/07/23 : CIA-RDP59-00224A000200080001-5 ? 3 ? which is payable from other funds available to the Department." SEC. 6. 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: SECTION-OUT "SEC. 633. (a) The Secretary shall prescribe regulations concerning-- "(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. n(b) Any Foreign Service officer below the claes of career minister who does not receive a promotion to a higher class within the IDecified period or who fails to meet the standard of performance required of officers of his clav; shall be retired from the Service and receive benefits in accordance with the provisions of section 634. "SELECTION?OUT DP:REFITS "SEC. 634. (a) Any Foreign Service officer in classes 1, 2, or 3 who is re? tired from the Service in accordance with the provisions of section 633 shall receive retirement benefits in accordance with the provisions of section 821, u(b) Any Foreign Service officer in clasces 4 or 5 who is retired from the Service in accordance with the provisions of section 633 shall receive-- 1(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 three equal ity.tallments on the 1st day of January following the officer's retirement and on the two anniversaries of this date immediately following: and n(2) Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved kar Release 2002/07/23 : CIA-RDP59-00WA900200080001-5 - 4 - "(2) A refund of the contributions made to the Foreign Service Reitrement and Disability Fund, with interest thereon at 4 per centum, com- pounded 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 ages 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 retire- ment benefits dies before reaching the age of sixty-two, the total amount of his contributions made to the roreign Service 7)eitrement and Disability Fund, with interest thereon at 4 per centum, compounded annually, shall be paid in accordance with the provisions of section 841. li(c) rotwithstanding 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 as,lignment.fl SEC. 7. (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: 11, but no such extra credit for service at such unhealthful posts shall be credited to any participant for such service performed subsequent to the Approved For Release 2002/07/23 : CIA-RDP59-00224A000200%ffichlerhe Approved FM?Release 2002/07/23 : CIA-RDP59-02224A000200080001-5 - 5 - effective date of this Act.9 (b) Section 853 is further amended by striking out the last sentence of that section. SEC. 8. (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 aslignment abroad or at a post of as ignment in the continental United tates between as,Agnments to foreign poste. (b) Section 901 (2) is further amended by adding at the end thereof a new paragraph (iv) which shall read an follows: u(iv) that an allowance is neceary to asist an officer or employee stationed abroad to defray the expenses of educating his children.? SEC. 9. Section 943 of such Act is amended by adding the phrase 0rand their dependents!! after the words ?United States!' and before the comma, and again at the end of the section immediately before the period. SEC. 10. Yotwithstanding the provisions of this Act, existing rules, regu- lations 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. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approv Approve alniateigrggr-2002/011MtVPROPWIWAMT062000WASNI5 (SENDER WILL CIRCLE CLASSIFICATION TOP AND BOTTOM) CENTRAL INTELLIGENCE AGENCY OFFICIAL ROUTING SLIP TO INITIALS DATE 1 Legislative Counsel 2 303 South Bldg. 3 4 5 FROM LkITLLS LRJJ04.1.A DATE 1 ExO/P 2 3 SIGNATURE RETURN DISPATCH FILE would I I APPROVAL F---1 INFORMATION [ I 1 I ACTION I I DIRECT REPLY I I I I COMMENT I I PREPARATION OF REPLY I I 1 I CONCURRENCE 1-------7 RECOMMENDATION I I Remarks: Material on proposed amendments to the Foreign Service Act attached per your request. We appreciate return of this material to the Office of Personnel for retention when you have completed action. d For Release 2002/07/23,.. CIA-RDP59-00224A00Q2(0038.001-5 SECRET CONFIDENTIAL RESTRICTED uisiuLAsnilED FORM NO. Q(1_4 SEP1947 16-88548-1 U. S. GOVERNMENT PRINTING OFFICE NOTICE OF PENDING LEGISLATION ? -?- opr, Awl LEGISLATIVE BILL NO. H. R. 4941 SECTION I TO : GENERAL FROM: LEGISLATIVE COUNSEL -- OFF ICE Of- GENERAL COUNSEL THE ATTACHED BILL. WHICH HAS BEEN INTRODUCED INTO CONGRESS. IS: SENT TO YOU FOR INFORMATION ONLY. A BILL ON WHICH FAVORABLE CONGRESSIONAL ACTION Is r---1 IS NOT PREDICTED. SENT FOR YOUR COMMENT AS TO WHETHER IT IS OF INTEREST TO CIA ACTIVITIES. AND WHETHER FURTHER ACTION BY THIS OFFICE IS NECESSARY OR DESIRED. [I THAT IT IS REQUESTED AT COMMENTS CONCERNING TWIS LEGISLATION BE FORWARDED, THROUGH APPROPRIATE CHANNELS, TO THIS OFFICE, BY . SECTION II COMMENTS (From Original Addressee) TO : LEGISLATIVE COUNSEL FROM: OFFICE OF GENERAL COUNSEL ILLEGIB STATINTL STATI NTL STATIN 15 March 1955 84/1 Mr. Richards of South Carolina A bill to amend the Foreign Service Act of 1946, as amended, and for other purposes. Distribution: MM. /e-ekttfzey i9.1- 1?-2 crA, C 9 )4/4?. /eviS /32e--70,c >413 STATI TL DATE OF COMMENTS SIGNATURE AND TITLE Approved For Release 2002/07/23pg FORM NO - REPLACES FORM 23-s - - gab FEB !IS WHICH MAY BE USED. Aefiee /euot- S.V A-RDP59-00 24AaQpTL )1(-447 r"".." (38) Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 84TH CONGRESS t HOUSE OF REPRESENTATIVES , 1st Session REPORT No. 229 FOREIGN SERVICE ACT AMENDMENTS OF 1955 MARCH 18, 1955.?Committed to the Committee oEthe Whole House on the State of the Union and ordered to he printed Mr. RICHARDS, from the Committee on Foreign Affairs, submitted the following REPORT [To accompany H. H. 4941] The Committee on Foreign Affairs, to whom was referred the bill (H. R. 4941) to amend the Foreign ServiceAct of 1946, as amended, and for other purposes, having considered the same, report favorably and unanimously thereon without amendment and recommend that the bill do pass. INTRODUCTION This bill is the first major overhaul of tile Foreign Service Adt of 1946. It reflects the principles embodied in that act, namely, a profes- sional service, disciplined and mobile, serving without political influence, and adequately compensated. The purposes of the bill are twofold: (1) to enable the Department of State to continue the integration of its personnel into the Foreign Service Officer Corps; and (2) to improve conditions of employment (but not to increase salaries) of Foreign Service personnel so that qualified individuals will make it a career. There is nothing in this bill that creates any new jobs or adds anyone to the Federal payroll. It authorizes the expansion of the Foreign Service?but only .by transferring individuals already employed by the Department of State into the Foreign :Service. Every position held by Department of State personnel who transfer into the Foreign Service is converted into a position that can be manned by individuals who must serve at home and abroad. This .bill does not create more jobs in foreign countries nor will it increase American personnel abroad. It simply makes available a larger pool of qualified personnel for assignment abroad on a rotation basis. At the end of World War II the Foreign. Service lacked sufficient personnel to meet the Government's new and enlarged responsibilities in the international field. The inability to recruit new talent during 1 55000 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 2 FOREIGN SERVICE ACT AMENDMENTS OF 1955 the war together with the attrition in the upper Foreign Service classes had reduced the number of officers from 826 in 1940 to 820 in 1946. In that year Congress devoted its efforts to improve the Foreign Service. The patchwork of laws upon Which it was based were carefully exa,:mitied, their meritorious features W ere retained, and new provisions were added. The result was the Foreign Service Act of 1946. The act provided i'or the following categories of Foreign Service personnel: (a) Chiefs of mission. ?Appointed by the President by and with the advice and consent of the Senate. There are four classes of chiefs of mission. (b) Foreign Serrice o c .--Appointed by the President by and with the advice and consent of the Senate. There at e seven elasses of Foreign Service officers, including the class of career minister. (c) .Forrign Serrice Reserre officers.----Appointed by the Secretary for a temporary period not to exceed 4 years. There are six classes of Reserve officers. The term "Reserve" bears no relation to the mili- tary use of the word. A Foreign Service Reserve officer may more properly be described as a temporary officer. Upon completion of his assignment, the Department of State, unlike the armed services, can- not require him to serve again. (d) Foreign Sooice Staff officers and employees.-- Appointed by the Secretary for work of a technical, administrative, clerical, or custodial nature. There are 22 classes of Staff personnel. (e) Alien clerks and employees.?Appointed locally in the field by the principal officer at each post. Among the principal provisions of the 1946 act were those covering entrance into the Service. Emphasis was placed upon the career concept toward which the Service bad been moving for more than a quarter of a century. For the long haul the strength of the Service could only come from the young men and women who entered at the bottom and progressed through the ranks. The immediate problems facing the Government, however, required additional personnel at the intermediate and upper levels. To meet this situation, the act authorized appointment in other than the lowest class of qualified individuals from the Department of State or the Foreign Service Staff or Reserve. This is referred to as lateral entry. Those entering laterally could be paid only the lowest salary of the class to which they were appointed. In many cases that meant a loss of salary for the individual transferring into the Foreign Service. Neither method of entry produced the numbers needed for the Service. From 1946 to March 1954, only 51 entered laterally. The 'record for entrance at the bottom was considerably better, but was offset by heavy retirements and resignations. The peak strength of 1,427 officers was reached in January 1953. By March 1954 the number had dropped to 1,297. It was this personnel situation that led the Secretary of State to appoint a Public Committee on Personnel--the Wriston Committee_ Earlier studies on State Department personnel and organization had been made by the Hoover Commission in 1949, the Secretary of State's Advisory Committee on Personnel in 1950, and the Brookings Institu- tion in 1951. On one point all of these studies, including that of the Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved ForAlilme *Rog; ca-grA9fRox24Aggo2000snoi-5 Wriston?Committee, were in substantial agreement; namely, that the Department's personnel under civil service engaged in substantive work should be brought into the Foreign Service. a transmitting the recommendations in this bill to the Speaker, the Secretary of State noted that the Hoover Commission and the Wriston Committee recommen ded ? ? that certain officer personnel in the departmentallervice and in the various cate- gories of the Foreign Service be merged into a single service, the Foreign Service Officer Corps, obligated to serve at home and overseas. Beth the [Hoover] Com- mission and the [Wriston] Committee recommended that the personnel in the combined service he administered under a personnel system outside of the civil service system. They further recommended that ithis system should be based on the career principle, but should also remain sufficiently flexible to meet the changing needs of the Government for the condunt of foreign affairs. To put the issue another way, the continuation of two personnel sys- tems, one serving at home and one abroad, denied the Secretary of State the maximum use of the talents of his own Department. The Wriston Committee referred to the development of a single enlarged Foreign Service as "integration!' It estimated that 1,300 positions in the Department and 1,300 in the Staff and Reserve were "dual service" positions that should be brought under the Foreign Service. Thus, with the 1,300 Foreign Service Officers the Foreign Service strength would be increased to 3,900. Individuals holding such positions would be brought into the Foreign Service through lateral entry, after passing such tests as may be prescribed. As the Committee noted: The presumption should be that a departmental officer with an acceptable record is eligible for the Foreign Service. The burden of proof should be laid upon ex- clusion rather than upon inclusion. The accelerated lateral entry recommended by the Wriston Com- mittee was endorsed by the Department ,of State. It could not be achieved if a lateral entrant could be paid only the minimum rate of salary for his class, as required by the Foreign Service Act of 1946. Some individuals who had several in-grade increments under civil service would have to take a salary reduction that might amount to, $1,600. Public Law 759 of the 83d Congress dealt with this problem. It authorized the appointment by March M, 1955, of a maximum of 500 Foreign Service officers in classes 1 through 5 at other than the minimum rate for the class. Under the authority of the 1946 act additional officers could be appointed in those classes at the minimum rate. Nor was any limit imposed on the appointment of class 6 officers. Before considering any extension of the integration program, the committee inquired into the progress that had already been made. Specifically, it was interested in the background of the individuals who have been processed for integration in order to assure that there was no lowering of standards. The Department furnished such informa- tion on 414 Department, Reserve, and Staff officers who have been certified by the board of examiners for appointment as Foreign Service officers since September 1, 1954. An analysis of the background of the 414 reveals the following: 1. Fifty-five percent came from the Department; 45 precept entered from the Reserve or Staff Corps. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Appfoved ForFWem: es?OROT/AR, :21AltilarFAtORMA0500200080001-5 2. Eighty-five perceitt entered classes 3, 4, or 5, the intermediate classes of the Foreign Service, while 10 percent entered classes 1 or 2, the highest classes, aail 5 percent were appointed to class 6 at the bottom. Of those who entered classes I to 5, 79 percent were at an in-step salary level and 21 percent at the minimum salary for the class. 3. Eighty-five percent are men; 15 percent are women. 4. By age, 64 percent were under 40 years, 33 percent were from 40 to 50 years. Only 3 percent were over 50 years. 5. Their previous Government service, including military service, averaged almost 14 years with 77 percent having more than 10 years. 6. Their Government positions immediately prior to processing for appointment into the Foreign Service Were of particular interest to the committee. Ten percent were in consular work, 15 percent in eco- nomic work, 30 percent had been engaged in foreign political reporting and analysis, 37 percent were in administrative work, and 8 percent came from specialized functional activities of the Department. 7. On the basis of state of origin the group represented an almost complete coverage of the United States. Only 4 States supplied no candidates. By regions the. Northeastern and Middle Atlantic States accounted for one-third ; the Southern States and the North Central States, 25 percent each; the Western States, 10 percent. The balance were born outside the continental United States. No applicant was considered by the board of examiners until secur- ity clearance had been granted under the provisions of Executive Order 10450. The board went a step beyond that. Some individuals Ii ave been denied appointntents because their :files disc lose A I evidence of unsuitability for the Foreign Service. Each officer must be eon- firmed by the Senate before appointment as a Foreign Service officer, According to the Department's testimony, the Senate had con- firmed 240 officers by early March and the paperwork had been com- pleted on several hundred others. The :Deputy Under Secretary for Administration of the Department of State, -the llonorable Loy llenderson, testified that the Department now has in process sufficient,transfer actions to exhaust the 500 quota authorized by :Public Law 759. Early approval if the request ,ed extension of this authority, therefore, is necessary if we are to avoid having the program grind to a sudden halt. I believe it would be extremely detrimental to the efficient administration of the Department as well as to the morale of our personnel if we had to interrupt the program in a idpassage. The committee recognizes the force of this argument. If the :Department is to got its house in order, completion of the integration program is necessary. Among other provisions, this bill continues the principle embodied in Public Law 759 by authorizing appoint- ments in classes 1 t hrough 5 at any one of the salary rates for that class. Unlike that law, it limits the number of lateral entrants, including those coming in at the minimum salary of the class, to 1,250 until such time as Congress may otherwise determine. It does not alter any of the provisions covering entrance at the bottom. Neither did Public Law 759. The committee is desirous that every effort be made to build the Service from below. Only in that way can the Service offer the attraction of a career. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2g312411712L :1, it-1111?)FL5E91\1742(2F4P91:5)(5:12000800 g1 -5 It is not sufficient that competent and devoted people enter the Foreign Service. They must be retainad ii the Service. As Mr. Henderson remarked in his statement before the committee: If it [the Foreign Servicel is soccesSfu]ly to compete with private enterprise or with other governmental agencies for the highest tyvis of American youth it must be in a position to assure those who enter it unparalleled opportunities for public service. A career in the Foreign Service by i very character entails certain sacrifices. There is no place in it for those who are looking for a soft life. Much can be done, nevertheless, to alleviate the hardships inherent in it. The other provisions in this bill are designed to strengthen the administration of the Foreign Service and to make it a career in which, to paraphrase Mr. Henderson's expression, the satisfaction of public service is not dimmed by undue personal financial worries. Briefly, the other sections of this bill have the following purposes: 1. To make Foreign Service officers and Reserve officers eligible to receive hardship post differentials which are now paid to Staff officers and employees and civilian personnel of other Government agencies who are stationed abroad. Foreign Service officers, who now receive time-and-a-half retirement credit for service at hardship posts, may choose either the credit or the differential. 2. To permit the Secretary of State to extend the 4-year limit on the assignment of Foreign Service personnel to duty in the United States to an additional 4 years. 3. To establish a home service transfer aIlowance for Foreign Service personnel assigned to duty in the United States between tours of foreign duty. - 4. To extend the selection-out system to Foreign Service officers of class 1. 5. To permit up to 40 persons with prior Government service and who are professionally qualified to enter laterally as Foreign Service officers. 6. To defray part of the expenses of educating children of American parents stationed abroad in the Foreign Service. 7. To increase the maximum duration of Foreign Service Reserve appointments to 5 years. 8. To permit the Secretary of State to it6gotiate- reimbursements for Foreign Service personnel detailed to other Government agencies. 9. To limit the amount of retirement benefits paid Foreign Service officers in classes 4 and 5 who are selected out of the Service. 10. To provide medical examinations, inoculations, and vaccina- tions to the dependants of Foreign Service officers. 11. To give credit toward retirement without charge for military service rendered prior to appointment as a Foreign Service officer. The items in this bill carry forward the implementation of the Wriston Committee recommendations. Many of these recommenda- tions require no additional legislative authbrization, such as improved training, class 6 recruitment, personnel planning, and travel costs for the rotation of personnel. This bill does. not deal with those items. This bill includes several additional recommendations made by the Wriston Committee that require authorization before the Depart- ment can ask for appropriations. Other recommendations requiring legislative authorization will be submitted by the Department at a future date. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 ArTroved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 FOREIGN SERVICE ACT AM ENDMENTS OF 1055 The Department submitted these cost estimates of the amendmeiltS in this bill to the Foreign Service Act. 1. Sec. 413. Lateral appointments of Foreign Service OlLeerS above the leininnifil rate of the class to which appointed Comment.?The Fore,gii Service Act of 1946, which provided that appoint- ments to classes 1 to 5 lee ma, hi at the minimum selary rate of the class, was amended by Public Law 75a, 83d Cong., to permit the appointment of 500 officers at rates above the minimum up to Mar. 31, 1953. The estimated coil of the proposed amend pent will be 55,000 for the iiiriod Apr, 1, 1955, to July 1, 1955, and $75,000 for iscal Year 1056. 2. Sec. 443. Payment of salary differentials to Foreign Service officers and Foreign Service Reserve officers Comment.?The esti- stint cost of this amendment is based On a count of Foreign Service officers and I 'serve Corps offieers at differential posts multi- plied by the percent di iierent il reeeived by each; p:imely 286 Foreign Serv lee officers and 31 Reserve officers. For fiscal 1955, the ammal cost is reduced by 75 percent. 3 Sec. 901 (2) (ii). Home serf 1Ce triinsfer allowance Cominenf.----Assumed average cost is based on an analysis of average size of each Foreign Service faintly, costs of hotel room accommodations in Wash) ton as determined by 11dreau of Labor Statistics, the 11V erne int ra- and tide, zone transfer allowanee and the assumption that 100 assignments to the United States will be made during the balance of fl-cal 1953 and 400 each year thereafter. 4. Sees. 901 (2) (iv) and 911 (it . Educational allowances Comment.?The estiolate 0ir fiscal 1955 is related to children of Foreign Service personnel atteriding college in the United States and is designed to cover the travel expense of at ioroximately 33 trips to and from the field at an average cost of $1,476 per trip. For fiscal 1956, the estimate covers (I) an allowance of $340 each or 1,613 children in elementary. and secondary grades residing abroad, (2) travel few 25 percent of the sam Children to nearest salt.- factory school in the country of residence at $100 iiach, (3) travel for 92 chil- dren In secondary grades Irmo abroad to the Uniti:d States and return at itri average cost of $1,476 each. prorated over a 3-year eiriod, and (I) travel or 11 children attending colleg'e icr the United States to post of parents' assignmeid and return at an average cosaiif $1,476 each, prorated over a 4-year period. 5. Sec. 943. Medical examinations of dependents of Foreign Service personnel sta- tioned abroad_ Comment.?The estimate is based on the assumption that average cost of each examination will be $7, and that 1,000 such exiuninations would be Imam during the balance of Ii cal 1955, that 4,000 such examinations would be made annually thereafter. SUMMARY Estimated cost 1.955 1956 $5,000 $75, 000 120, 000 '180,000 50, 000 200, 000 50, 000 7,000 442, 000 f8, COO 1955 1956 Sec. 413 55, 000 $75, 000 Sec. 443 20, 000 480, 000 See. 901 (2) (ii) 50, 000 290, 000 ..zees. 905 (2) (iv) rind 911 (9) 50,000 402,1)00 Sec. 943 7, KO 28, 000 Total 232,000 1,225, 000 The more favorable retirement benefits that would be available to an expanded Foreign Service Officer Corps are not reflected in this cost analysis. These benefits, estimated ultimately to cost $1,550,000 annually, will not require an immediate outlay of funds since lateral entrants must serve at least 5 years before retiring. Last year the committee was concerned that individuals would enter laterally in order to enjoy the benefits of the Foreign Service retirement system. The Secretary of State gave assurances to the Honorable John M. Vorys that? the Department will not permit persons to enter the Foreign Service Officer Corps unless they are young enough to assure that they will spend at least 5 years over- seas before retirement_ Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 Approved ForpRigeoisesalawig7w :g,,i4431;lugs? moopo2000s opo -5 Fr This bill does not solve all the problems of the Foreign Service. But it should do much to alleviate some of its difficulties. Since 1946 the Foreign Service has had a succession of 10 administrators, some of them unfamiliar with its problems. The committee believes that the Service is entering a new era. The recent appointment of Mr. Henderson as Deputy Under Secretary,for Administration should provide the steady hand it needs in this period of transition. He brings to his present position the experience of more than 30 years as a Foreign Service officer. With the knowledge derived from his own background, the committee is confident that he will administer wisely and effectively the provisions contained in the Foreign Service Act. It is equally confident that his preoccupation with the problems arising frpm integration will in no way diminish his zeal to strengthen the lower echelons of the Service so that it rna,y- be a truly "professional service" offering "advancement by merit to positions of command." SECTION 2. APPOINTMENTS AT SALARY STEPS ABOVE MINIMUM This section amends the Foreign Service Act of 1946 to permit the appointment of Foreign Service officers to classes FSO-1 to FSO-5 at salary steps above the minimum for -each class. The Foreign Service Act of 1946 required that appointments to classes 1 through 5 had to be made at the minimum rate of the class. There are more civil service and Foreign "Service Staff salary grades encompassing the same range of salaries than are included in FSO classes 1 to 5. This, plus the fact that employees receive periodic salary increases in grade for satisfactory service, means that most per- sons entering laterally have to enter at a salary which is either higher than that which they are earning or one which is lower. Faced with a prospect of a cut of as much as $1,600 a year, officers frequently have refused appointment as a Foreign Service officer or else sought appointment to a higher class for which they are not eligible on the basis of age, experience, and other qualifications. In general there is a tendency for candidates applying for lateral entry to apply for classes higher than those which are appropriate for their age, qualifi- cations, and experience in order to avoid a possible reduction in salary. This factor is said to be one of the basic caws for the failure of earlier integration efforts. The language of this section makes it possible, when desirable, to appoint an employee to the Foreign Service Officer Corps at the same or nearly the same salary he is receiving in other Government service. SECTION 3. HARDSHIP POSTS Under section 443 of the present Foreign Service law, payment of salary differentials for service at "hardship posts" is specifically limited to Foreign Service Staff officers and employees. These differentials range from 10 to 25 percent of basic compensation. The Department of State has informed the committee that at present these differentials are applicable to about 30 pereeTit of the posts in the Foreign Service. It is the responsibility of the Secretary of State to prepare and maintain a list of such posts, In designating hardship posts, such factors as excessive physical hardship, unhealthful condi- tions, lack of recreational facilities, climate, and the like are considered. Foreign Service officers and Reserve officers are excluded by present Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 8 FORF1( NT SERVICE ACT A VIENDMENTS OF 1055 law from. this additional compensation when assigned to such hard- ship posts. All other overseas agencies, such as Agriculture, Labor, Treasury, Defense, etc., pay their American civilian employees extra compensation whenever these employees are assigned to hardship posts in foreign con' tries. Thus, Foreign Service officers and Foreign Service Reserve officers (except Reserve officers of ilw 'Foreign Operations Administration) are now the only groups of American civilian employees of' the United States Government stationed in foreign countries who are not eligible to riceive salary differ(mtial payments for service at hardship posts. The rationale for the exclusion of Foreign Service officers from the benefits of section ,143 when it was incorporated in the Foreign Service Act of 1946 was that they were to receive instead a ugment.7ed credit toward retirement, years for each year of such service) for service at unhealthful posts which were essentially the same as those listed in the "hardship" category. Mr. Henderson, in his testimony before the committee, pointed out that many of the youngi'r officers, particularly those with families, preferred to have available to them a salary differential for service at hardship posts rather than extra credit toward retirement, for such service. At the same time it is recognized that older officers may well prefer the extra retirement credit for service at unhealthful posts rather than accept a salary differential for such service. To take care of this personal preference there is included in this bill a provision which, in effect, gives the officer his choice. This is discussed under section 9 of this bill. SECTION 4. LAT ORAL ENTRY The revised language of this section incorporates four basic changes. The first clarifies the nature of the examinations that must be passed by applicants for lateral eat Ty. l'he Foreign Serviee Act of 1946 made appointment to classes I through 5 contingent upon the passing of "such -written, oral, physical and other exitininations as the Board of Examiners for the Foreign Service may prescribe." It was the committee's intention that an applicant be examined in each of these broad categories, leaving to the Board of Examiners a determi- nation of the content of the examination. During the hearings last year on the amendment to the Foreign Service Act which became Public Law 759, the committee was informed by the then Under Secretary for Administration, the Honorable Charles E. Saltzman, that no written examinations would be required for lateral entrants under the integration program. In its report on the amendment the committee removed any doubt that .any of the categories of examina- tion could be waived. It, stated: We wish to assure the Congress and to remind him [Mr. Saltzman] that the statu- tory requirement for a written examination in section 517 is not repealed hy this bill. According to the it was decided-- after consultation vv written examination program. * * * It form of an essay in IN to a Foreign Service Department's Circular 126 of November 17, 1954, Ii mem'oers of the Foreign Affairs Cthinnitl-;ee, to include s as a part of the examination process in the integration has been decided that the written examination will be in the 'Lich the candidate discusses the relationship of his experience assignment. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved Forrgeteksea0g7/24:ExHisINEVg0R2W00200080901-5 The committee regards this as an inadequate substitute. Accordingly the language of the section has been changed in two ways. The new language states that the examination will be a "comprehensive mental" one. It may be written, or oral, or both. The committee is not spec- ifying the form or content of the examination. Whatever the form or content, it must be such as to test the applicant's capacity to analyze and synthesize ideas and statements and to determine his qualifications to discharge the responsibilities of the class to which he is appointed. Further, the word "may" is dropped to remove any ambiguity that the examinations so described in this section are optional. They are not. The second change eliminates the requirement that the qualifying period of service for lateral entry be performed "immediately" prior to appointment. The committee was advised that this qualification on prior service was unduly restrictive. Any break in service, even for 1 day, automatically eliminated an applicant from consideration and required that he begin serving anew the qualifying period of 3 or 4 years. The Department offered several examples. A Reserve officer, whose statutory period of assigammit expired a few days before his nomination as a Foreign Service officer could be confirmed and attested, forfeited his eligibility. A Staff Corps officer who contracted an illness in line of duty had to take sick leave in excess of that with which he was credited. This leave constituted ft technical break in service, thus nullifying his eligibility for lateral entry. The third change is to open eligibility for lateral entry to a limited number of individuals who have had responsible positions in other governmental agencies rather than restricting it, as at present, to officers of the Department and of the Reserve and Staff Corps. The number of such lateral entrants cannot exceed 40. The Department on occasion needs the services of an unusually qualified individual. Such an individual may be reluctant to accept a Reserve Corps appointment that is sufficiently long to make uncertain his reemploy- ment by his present employer, yet offering him no assurance of continued employment after his tenure as a Reserve officer had expired. This change, like the previous change, would broaden the basis for selecting well qualified candidates. The fourth change is designed to permit an uninterrupted continua- tion of the integration program. Under existing law there is no limit on the number of lateral entry appointments. As a result of the amendment to section 413 (made by sec. 2 of this bill), permitting lateral entry at any step within the class to which appointed, lateral entry is encouraged. To assure that this will not lead to an excessive number of lateral entries and to enable the Congress to have another look at the program, lateral entries are limited to 1,250. Except for the 40 cases explained below, all lateral entrants must have served in a position of responsibility in the Department of State, or the Foreign Service, or both, for 3 or 4 years, and also must have been on the Department's payroll on March 1, 1955. The fact that on that date they may have been detailed to duties in another Government agency or assigned to an educational institution for advanced study does not disqualify them. Forty other individuals who have held responsible positions in a Government agency or agencies, including the Armed Forces, may also enter laterally. This number is intended to include H. Rept. 229, 84-1 2 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 10 FOREIGN SERVICE ACT AMENDMENTS OF 1955 a small group of State Department officers eligible for lateral entry who were transferred to other Government agencies before they could be examined for the Foreign Service. The total of 1,250 was deter- mined in consultation with the Department as the number who could be processed at home and abroad between now and January 1957. Most, if not .all, of the appointments will be filled with personnel transferred from one Government payroll to another. The problems attendant upon integration, arranging orderly assignments at home and abroad, and initiatin.g the career planning program, are heavy enough. If lateral entry were opened without restriction to individ- uals from other Government agencies or from private employment, it would disrupt and delay the primary job of the Department, namely, the completion of i Es integration program. The 1,250 lateral entrants authorized in this section are in addition to those appointed under Public Law 759 on or before March 31, 1955. Under the authority given in Public Law 759 and the authority given in this amendment., the Department will be able to complete substan- tially the current integration program. No time limit has been placed on the appointment of the 1,250. Should the Department deem it advisable to a,sk for an extension of lateral entry, the Congress will again consider the matter. SECTION 5. INCREASING THE PERIOD OF SERVICE IN THE FOREIGN SERVICE RESERVE This section permits a Foreign Service Reserve officer to serve a maximum of 5 years rather than the present 4 years. The primary reason is administrative. A 4-year period of service is awkward to manage. Since most tours of duty are either of 2- or 3-year duration which, in actual practice means approximately 27 and 39 months' duration, respectively, a 4-year assignment virtually precludes granting home leave to Reserve officers between 2 tours of foreign duty. There has also been deleted the phrase "of a specialized character" in subparagraph ( ) of this section. The original concept of a Foreign Service Reserve officer, as defined in the report of the Committee on Foreign Affairs ilecompanying H. R. 6967 (Foreign Service Act of 1946) was that of an officer closely assimilated to a Foreign Service officer in salary, rank, title, and status serving in a specialized position such as that of information specialist, telecommunication expert, aviation authority, petroleum specialist, and cultural attach?In actual practice, the Reserve Corps has been used not only for the appointment of specialists, but also as a vehicle for staffing rapidly ex- panding programs. Furthermore, under the integration program rec- ommended by the Secretary's Public Committee on Personnel [Wriston Committee] it is planned to assign to. the Reserve Corps officers who are not yet eligible for lateral entry under section 517, so that they may acquire broad qualifying experience while they await their appoint- ments as Foreign Service officers after completion of the required period of service. Under these changed concepts of the Reserve Corps. it seems unnecessary to restrict entry from outside the Government service to specialists. It should be noted that this restriction does not apply to persons already in the governmental service. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved ForA?AsTe hOgi/cppr: attimpoovioppo20008??01-5 SECTION 6. ASSIGNMENT IN THE UNITED STATES AND REIMBURSEMENT FOR SERVICES The new language in this section makes three basic changes in existing law. In accordance with the recommendations of the Wriston Committee, the amendment to section 571 (a) permits the extension of an assign- ment for duty in the United States beyond the present statutory limit of 4 years to an additional period not to exceed 4 years, Or a total of 8 years. The Department advised the Committee that, on occasion, it would be of decided advantage to the Secretary to be able to retain certain officers who are in key positions in the Department for a period in excess of 4 years. In granting this exception to the 4-year period of duty in the United States the Committee expects that it Will be used only under very unusual circumstances and not as a device to enable individuals to .enjoy the prestige of the Foreign Service without adequate service abroad. Since this section is amended, it is desir- able to delete the reference to the Director, General in view of Public Law 73, 81st Congress, which vests full administrative authority in the Secretary. The second change eliminates the requirement that an officer or employee who has been assigned to duty in another Government agency may not again be assigned to duty in a Government agency for a period of 2 years or for a period equal to his preceding tour of duty, whichever is less. This requirement may, in some cases, be unduly restrictive and operate to the detriment of the Department and the Service. In virtually all cases an -officer or employee can be and is assigned for a normal tour (24 months or more) of duty over- seas after an assignment to a Government agency. In rare cases, however, this requirement can cause unnecessary difficulty. For ex- ample, an officer who, during the latter part of his United States as- signment is engaged in working out the details of a trade agreement with another country and, his assignment being presumably com- pleted, is ordered to duty overseas, cannot be recalled to duty in the Department for a period of 2 years despite the fact that his services as an expert are urgently needed because of reopening of negotiations, loss of other key personnel, etc. The elimination of this provision would also take care of cases where an officer or employee must be returned for duty in the United States for compelling medical rea- sons, but whose illness is not such as to preclude his employment in the United States. The third change adds subsection (e). The language in this subsec- tion will permit the Secretary to negotiate arrangements with other agencies whereby the Department can be reimbursed for all or part of an officer's salary when he is assigned or detailed to another agency at the request of that agency and for its benefit. Reimbursement would not be required when such assignment is made solely for train- ing purposes. This section also permits reimbursement of the Depart- ment's appropriations for an officer's salary when that officer is assigned to a position the salary of which is payable lrom other funds available to the Department. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 12 FOREIGN SERVICE ACT AMENDMENTS OF 1955 SECTION 7. SELECTION-OUT This section changes the Foreign Service Act of 1946 in two respects: (1) It extends the selection-out principle to class 1 officers who had previously been exempt. This action was recommended by the De- partment of State and the Wriston Committee on the grounds that there is evidence of the accumulation of a certain amount of "dead- wood" in this grade which should be removed in order to provide room for promotion of more able persons lower in rank. The top rank of the. Foreign Service, career minister, remains exempt from the formal selection-out process but a comparable result is obtainable since the law requires that any career minister who has been serving as a chief of mission, upon completion of his assignment, must be retired unless within a period of 3 months he is given another assignment as a chief of mission or otherwise reassigned. (2) This section also establishes the concept of maintenance of a specified standard of performance as a prerequisite of remaining in the Service. This is now done by regulation and it is considered advis- able to give it the specific sanction of' law. It should be observed that this section is not a substitute for the provisions governing separations for cause (sees. 637 and 638 of the Foreign Service Act of 1946). The following extracts from the Foreign Service Regulations (1 FSM IV) cover separation by selection-out: "731 Foreign Service Officers in Class 2 or 3 "Any Foreign Service Officer in class 2 or 3 who remains in the same class for 10 years without, receiving a promotion to a higher class, or who is rated by three successive selection boards, established as prescribed in I FSM IV 150. among the lowest 10 percent, in his class and among the lowest 10 percent of the eligible officers of the class shall be retired from the Service. Foreign Service Officers retired from class 2 or 3 by selection-out shall receive rd I irement benefits in accordance with 1 ISM IV 673. 732 Foreign Service Officers in Class 4 or 5 732. 1 Any Foreign Service Officer in class 4 or 5 who remains in the same class for 10 years without receiving a promotion to a higher class or who is rated by three successive selection boards, established as prescribed in 1 FSM IV 150, among the lowest 10 percent in his class and among the lowest 10 percent of the eligible officers of the class shall be retired from the Service. Foreign Service Officers retired from class 4 or 5 by selection-out shall receive the benefits prescribed in 1 FSM IV 732.2, except that an officer eligible for voluntary retirement may be granted such retirement in lieu of selection-out." The State Department pointed out that? The selection-out principle results in the separation of some officers who would not be separated for out-and-out unsatisfactory performance of duty, misconduct, or malfeasance. It is aimed essentially at the "marginal" officer whose record not only reflects a lack of demonstrated capacity to assume greai,er responsibility but whose performance at, his present level leaves something to he desired. The efficiency records relating to each Foreign Service officer and employee are a major element in the evaluation_ made by the selection boards, referred to in .the above regulations, of Foreign Service officers in determining whether they should be promoted or selected out. The Committee on Foreign Affairs was surprised to find during its consideration of this bill that, although the Foreign Service Act of 1946 (sec. 612) contains this provision? Under such regulations as the Secretary may prescribe and in the interest of efficient personnel administration, the whole or any portion of an efficiency record shall, upon written request, be divulged to the officer or employee to whom such record relates? Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved ForM9aisealitinn7/A2t3,:r4A4lap??s0(1224#N020008fW01-5 present Foreign Service regulations permit Foreign Service officers to be denied the right to see these reports. The committee can see no justification for this disregard of the explicit provision of law. It expects the law to be implemented. The changes in selection-out benefits are made in order to extend to officers of class 1 who are selected out the retirement benefits now provided for officers of classes 2 and 3 who are selected out and to limit the amount of selection-out gratuity payable to officers of classes 4 and 5 retired under the provisions of section 633 to 1 year's pay. Experience in the administration of the Foreign Service Act of 1946 has demonstrated that the amounts of some of the gratuities paid under this provision were extremely large, were 'considerably in excess of those envisaged by the authors of the act and, in extreme cases, were in excess of the amounts that an officer would have received had he been retained in duty status until retirement. SECTION 8. RETIREMENT CREDIT FOR SERVICE IN TIIE ARMED FORCES The provisions of section 8 of the bill eqnalize the benefits accorded Foreign Service officers who have served in the armed services of the United States with those accorded civil service employees who have had such service. Under existing law, persons entering the Foreign Service Retire- ment and Disability System may obtain retirement credit for prior military service, but only by making a special contribution of 5 per- cent of their annual salary for each such year of service for which credit is sought (sec. 852 (b) of the Foreign Service Act of 1946). Since April 1, 1948, persons coming under the civil service retire- ment and disability system are given retirement credit for such mili- tary service without cost to them (sec. 9, Public Law 426, 80th Cong.). About 60 percent of the Foreign Servide officers now on the rolls and of the State Department employees entering the Foreign Service Officer Corps under the integration program have prior military service. The purpose of section 8 (b) of this bill is to permit partici- pants in the Foreign Service Retirement. and Disability System to receive credit for their military service without making special con- tributions. It is estimated that this provision would increase the long-term requirements on the Foreign Service retirement fund by about 867,000 a year (1) assuming that persons entering the Foreign Service have proportionately as much prior military service as the average Foreign Service officer on the rolk-1 as of February 28, 1955, namely, 1.8 years, and (2) assuming a corps of 3,000 Foreign Service officers. Since April 1, 1948, a number of Foreign Service officers have made contributions to the Foreign Service retirement fund in order to obtain retirement credit for prior military service. Section 8 (c) provides that in such cases there will be reimbursement in the amount contrib- uted. It is estimated that this provision will affect approximately 250 officers and that the average refund will be about $430 per officer, with the estimated total of such funds approximating $110,000. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 14 FOREIGN SERVICE ACT AMENDMENTS OF 1955 SECTION 9. SALARY DIFFERENTIAL OR EXTRA CREDIT TOWARD RETIREMENT This section amends section 853 of the present law by providing that no extra credit toward retirement for service at unhealthful posts shall be credited to any Foreign Service officer who shall have been paid a salary differential in accordance with section 443, as amended (see discussion of sec. 3, above), for such service performed subse- quent to the date of the enactment of this act. In effect, sections 3 and 9 taken together will provide a Foreign Service officer serving at a post designated by the Secretary of State as a hardship post (provided such post is also designated an "unhealthful post," which would be true in almost every case) with a choice between accepting for such service a salary differential or extra credit (1% years for each year of such service) toward retirement. SECTION 10. ALLOWANCES (a) Home service transfer allowance This subsection amends the Foreign Service Act of 1946 to give specific authorization for a home service transfer allowance to an employee assigned to ft post in the United States between assignments to posts abroad. Such an allowance is already being provided to employees transferred to a new post in a foreign country. In the Foreign Service, a transfer back to the United States is just another in a series of transfers. The unusual expenses incident thereto may be as great or greater than similar costs incurred in transferring between posts abroad. In the case of employees of long years of service, a transfer to the United States adds that much more to the total out-of-pocket expenditure incident to the mobile nature of their employment. The home service transfer allowance contemplated would be a combination of two payments: (1) that comparable to the temporary lodging allowance at overseas posts, i. e., reimbursement for hotel room expenses for a short period while the employee is look- ing for permanent residence quarters, and (2) a lump-sum payment to help offset such inevitable expenses connected with transfers as those covered by the existing transfer allowance at present paid only on assignment to certain posts abroad, namely, expenses for clothing to meet the different climatic conditions at the new post, for special types of furniture and household equipment, for insurance on or repair of effects damaged in shipment, etc. It is intended that this allowance be paid to officers and employees of the Service who are assigned to duty in the continental United States and who may be normally expected to return to duty abroad. It is planned to pay this allowance at the time of assignment to the United States. It must obviously be paid without requiring proof of return abroad, since that would defeat the purpose of this allowance. It is not the intent of this section that such payments be repaid by the officer or employee or by his survivors in the event his return to service abroad is made impossible by death, disability, or other unforeseen circumstance preventing such return. However, if the officer or employee refuses to return abroad for personal reasons unacceptable to the Secretary, he will be required to make reimbursement. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved Fork-Rableses211020i07/2J1 : LIANSEIPSOs0022419\0002000811001-5 (b) Education allowances A major financial and morale problem confronting Foreign Service personnel stationed outside the United States is the education of their children. In many foreign posts in Asia, Africa, and the Near East the language and culture are so different from our own that local schools are unsuitable. At a number of posts there are so few American children in the community that the organization of a special school is not feasible. The financial burden imposed on per- sons depending entirely on their salaries in meeting this situation has resulted in real financial hardship which in some cases has made it impossible for qualified personnel to remain in the Service. The following cases were submitted by the State Department as illustrating some of the problems faced by Foreign Service personnel in educating their children abroad: Case No. 1.?Mr. H, earning $5,853 per year, with 2 children, has been as- signed to Maracaibo for the past 2 years. The only school there that would pro- vide American equivalent education for the children is the local American school subsidized by American oil companies. The annual cost for the 2 chil- dren in that school was $1,442 or slightly more than 25 percent of Mr. H's annual salary. Therefore, he was forced to place them in inferior Venezuelan schools. He requested a 2-year leave of absence from the Foreign Service to attempt through private business to enhance his financial position to the point where he could return to the Foreign Service and still provide adequate education for his children. The request was denied. Case No. 2.?Mr. R, with salary of $11,130 per year, has 3 children. Mr. R. was assigned to Beirut where his children attended the American community school at a cost of $900 for the 3 for the period of 1 year. The following year the tuition was doubled at the school and he did not feel that he could afford the charge of $1,800. Rather than place the children in the American community school for that year, Mrs. R and the children returned to the United States, thus separating the family for a period of 1 year. Case No. 3.?Mr. H was assigned to London at a salary of $10,330 and had 3 children of school age. The British schools point for British universities on a system wholly different from that in the United States. Mr. H thought that his two boys of high school age should attend an American school, especially as he had been out of the United States for a number of years. Each of the 2 boys won an $800 scholarship in his school in this country but, in addition to the scholarships, the cost to Mr. H was $2,200 per year for the 2 boys, excluding transportation to this country. Case No. 4.?Mr. B, with salary of $12,200, was assigned to Manila and had 4 children attending the American school there. The total cost per year for the 4 children was $1,345. At this same post, Mr. L with salary of $5,313, had 3 children of school age. He could not afford to send those children to the American school but had to enroll them in a lower quality Philippine school. This bill approaches this problem by providing for the assumption of a part of the educational costs by the State Department but at the same time making clear that the United States Government does not assume responsibility for providing an adequate education to the children of all Foreign Service personnel while stationed overseas. The Foreign Service family would have been entitled to the benefits of the United States public school system had it remained in the United States. The bill authorizes the payment of allowances to cover expenses incurred by Foreign Service personnel in obtaining educational services which are ordinarily provided without charge by public schools in the United States. Under the bill the Secretary must first determine whether assign- ment to a post abroad involves extraordinary and necessary expenses for elementary and secondary education. If so, the Secretary may establish one or more allowances for the post. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Appwed For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 FOREIGN SERV ICE ACT AMENDMENTS OF 1955 For example, three allowances for elementary education may be in effect simultaneously at a post where no adequate local school: is available. But no child could qualify for more than one such allow- ance. (I) One allowance may be established for educatiag children at the nearest adequate school. This allowance may not exceed tuition and any other charges which must be paid to obtain services provided free by public schools in the United States plus board and room and periodic transportation between the post and the place where the school is located. (2) A second allowance may be established for personnel who choose to send their children to a local school even though such local school is inadequate, provided the charges for this local school are less than the allowance for the nearest adequate school. (3) A third allowance may be established for the post for personnel who wish to ,educate their Children by the use of correspondence courses if the necessary costs involved in the use of this type of instruction are less than the allowance for the nearest adequate school. The object in all cases is to permit the parent to retain complete freedom to educate his children in any way he pleases, but at the same time to make sure that the parent cannot make a profit by selecting a. lower cost type of education than the maximum authorized for the post. The parent will be free at all times to send his children to any school he pleases, including a school in the United States. If he chooses a more expensive school, or one at a greater distance than provided for in his post educational allowance, he: can collect the standard allowance but mast pay all excess costs out of his own pocket. SECTION 11. TRAVEL ALLOWANCE TO OBTAIN AMERICAN EDUCATION If a Foreign Service officer or employee desires to provide an Amer- ican high school or college education for any of his dependents at his own expense, the bill authorizes payment of a travel allowance for one trip to the United States and return during high school, and another during college, so that the dependent may mainta in a tie with his family. No educational allowance will be provided for any dependent to attend college. As pointed out above, the post educational allow- ance may 130 applied toward the cost of elementary or secondary edit- cation in the United States, but no educational allowance may be paid for a dependent for whom a travel allowance has been paid under this section. SECTION 12. MEDICAL EXAMINATION OF DEPENDENTS By this section, existing law (sec. 943) is amended so as to broaden the scope of periodical physical examinations now req aired for Foreign Service officials to include their dependents. This is .done in recog- nition of the practical consideration that health problems of the various members of the family unit can have an important effect on the employee's job performance. As explained by the Secretary of State in transmitting this legislation, a good deal of time and attention can be consumed by sueh problems and. in the event that a dependent Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For peAw 39R9pui; ThRivi,903.34m020008oppi-5 has to be evacuated for medical care, it is sometimes necessary for humanitarian reasons to send the employee home also. Preemploy- ment and preassignment examinations of dependents should prevent many of these problems by avoiding the assignment of personnel with dependents who may become medical liabilities, or by encouraging employees to leave such dependents in e the United States. This section also requires the Secretary of State to provide for the cost of administering inoculations and vaccinations to snub dependents. SECTION 13. TECHNICAL AND CONFORMING CHANGES This section merely makes the necessary technical and conforming 'changes required by the bill. The deletion of the phrase "or 634" in section 432 (c) of the present law is required because section 633 as revised now covers the subject matter previously contained in both sections 633 and 634 relative to selection-out. Section 634 as revised relates only to selection-out benefits and, is no longer pertinent in 'relation to section 432 (c). SECTION 14. EXISTING RULES AND REGULATIONS This section provides that existing rules- and regulations applicable to the Foreign Service shall remain in effect until revoked or rescinded, or modified or superseded by regulations made in accordance with the provisions of this legislation, unless such existing rules or regulations are inconsistent with the provisions of this legislation. The purpose of this provision is to provide for an orderly transition and imple- mentation of the provisions of this legislation. CHANGES IN EXISTING LAW In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as intro- duced, are shown as follows (existing law _proposed to be omitted is enclosed in black brackets, new matter is: printed in italics, existing law in which no change is proposed is shown in roman): FOREIGN SERVICE ACT OF 1946 SALARIES AT WHICH FOREIGN SERVICE OFFICERS DLAV BE APPOINTED FEc. 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 consideration 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:provided for the class to which he has been appointed, except that until March 31, 1955, not more than five hun- dred persons may be appointed from the classified civil service or the Foreign Service reserve or Foreign Service staff at other than the minimum rate.3 SEC. 418. A person appointed as a Foreign Service nificer 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 appro- priate for him to receive. OTHER OFFICERS AND ENIPLOYEES S.-En. 432. (a) * * * Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Appred For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 FOREIG:\ SERVICE ACT AMENDMENTS OF 1955 fei A Foreign Servi:e officer promoted t a higher class shall receive salary at the rate prescribed in sect ;on 412 for the class to which he is protnoted from the effective date of his apitointment to such class. A Foreign 'ter vice officer pro- moted to a higher ants 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 sessii..)14. 11 Um Senate shot rid 1-eject or fail to confirm the promotion of such an officer during the session follow-. Mg the date of his promotion, the Foreign Service officer shall, unless he has be- come liable to separatitm in accordance with the provisions of sifetion 633 [or 034], at automatically rein- ale I in the class froin which he was promoted and receive the salary he was receiving prior to his promotion, such :reinstittement to be effec- tive, in the event of fajta!' ion of the notnination, from the dIlLe of rejection; and in the event of the fahure of the Senate to act on the nomination during the session: Follow ng a promotion, front tt e termination of that session. ADADNISTRATF EsTADLISHMENT oF' SALMI Y VIAN FtENTIALS [Sic. 443. Whenever the Fresident shall find and declare that, the rates of salary provided for Foreign Service staff officers and employees in section 415. tire inadequate for an:, misitimis allocated to any particular Giar?s or subclass, he may, it iii such regulations as he may prescribe, estaldish necessary schialules 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. Swat differentials shall be granted only with respect to positions at posts at which extraordinarily diffi- tiult living conditions or excessive physical hardship prevail or at which notably - unhealthful conditions, exist. The Secretary shall prepare and maintain a list of such posts.] ,Sc. 443. The PresIdent .inay, under such regulations as h.c may prascribe. estab- lish rates of salary differential, Pot exceeding i7 per centum of basic saiaiff, for I+ oreigu. Service officers, T?eserve officers., and staff officers and es, ploys assigned to pests involving extraordinarily difficult living conditions, excessive physical hardship. or notably unhealthful conditions. The Secretary shall prepare and maintain a iist of such posts. ADMISSION TO CLASSES 1, 2, 3, 4, AND 5 witrtiouT PRIOR SERVICE IN CLAsS I Sue. 517. A person who has not served in class 6 shall not be eligible for ap- pointment as a Foreign Service officer of classes 1 to 5, inchisive, unless be has passed [such written, oral, physical, and other examinations as the] comprehen- sive mental and physical examinations prescribed by the Board ,01 Examiners for the. Foreign Service [may proscribe] to determine his fitness DIA 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; turd rendered at- least four years of actual service [immediately] prior to appointment in a posi- tion of responsibility in the [Service or in the Department or both] serviee 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. After the date of enactment of tie Foreign Service Act Amendments of 1955 and until other- wise provided by Act of Congress, not more than one thousand two hundred and fifty persons who have not served in class 8 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, including its Foreign 'Service Reserve and For- eign Service Staff personnel, and who have not also served in a position of responsi- bility in the Depart nv at , or the Service, or both, for the required period prior to ap- pointment. APPOINTMENTS AND ASSMNMENTS TO THE RI: EVS SI2C. 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 Serviee, the. Secretary may? (1) appoint as a 'Reserve officer for nonconsecutive periods of not more than [four] five ,'ears each, a person not in the employ of the Government whom the Board of the Foreign Service shall deem o have outstanding qualifications [of a specialized character]; and Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved FoFrOMRsEEKI02107143aMU2-g92?hes0002000182001-5 (2) assign as a Reserve officer for nonconsecutive periods of not more than [four] five years each a person regularly employed in any Government agency, subject, in the case of an employee of 11, Government agency, other than the Department of State, to the consent of the head of the agency concerned. ASSIGNMENTS 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 assignments to be for a period of not more than four years. He may not again be assigned for duty in a Government agency until the expiration 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.] SEC. 571. (a) Any officer or employee of the Servici may, in the discretion of the Secretary, be assigned or detailed for duty in any Government agcncy, such an assign- ment or combination of assignments to be for a period of not more than four years, except that under special circumstances the Secretary may extend this four-year period for not more than four additional years. (b) A Foreign Service officer may be appointed as Director General, notwith- standing 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 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 construed 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 concern- ing reassignment contained in that paragraph. (d) If the basic minimum salary of the position td which art 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 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 pro- visions 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. (e) The salary of an officer or employee assigned pursuant to the terms of this section shall be paid from appropriations made available for tit( 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. [FOREIGN SERVICE' OFFICERS IN CLASSES 2 AND 3 [SEc. 633. The Secretary shall prescribe the maximum period during 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 retire- ment benefits in accordance with the provisions of section 821. [FOREIGN SERVICE OFFICERS IN CLASSES 4 AND [Sac. 634. (a) The Secretary shall prescribe the maximum period during which Foreign Service officers in classes 4 or 5 shall be permitted to remain in such classes without promotion. Any officer who does not receive a promotion Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 20 F01111CN SERVICE ACT AMENDMENTS OF 1955 to a higlar class w Itin that period shah be retired from the Service and r?If`jVls. benefit ' as f011.0VO,L [(1) 0110-4well1,11 of ;t year's salary at his then current salary rate for em year of service and prow)) ttonately for a fraction of a ear, payable wihotit, interest, in three equal installments ou the 1st day of January following -OW officer's retirement and ri he t wo aTIV ive,?saries oilhis date imme,liately followine; and [(.2) .% refund of the eontributiOns inade to the Foreign Service Retirement and Disability Vultd, w oh 'merest thereon at 4 per cell-turn, compounded annually, except that in lien of such refund such officer may elect to receive retiremei,t. benefits on reaching the at''' of sixty-two, in aecordance it h I Ite provisions of section 821. In the :fsent that an officer w ho was separated from class 4 and who has elected to receive reirement lies before reitehila.: I age rt sivty-two, his death shall be considered a death in -orv iee within file meaning of sect ion 832. In the event that an officer who was separated from class and who has el,.!.creil I o receive retirement belief) s dips before, reaching the age of sixty-t wo, the total amount 01 his con tri ms made to the 4'oreign Service Ilet irement and 1111sahilit y ifmid, rcah intor,:t Ii urn at 4 per eat' tin, compounded MIMI:111V, shall be 'mid in accordance a III' hi provisions of section S11. [(b) Not withs) tii ! provisions of section 3477 of t h itt sed Statutes (31 E. S. C. 203) or the provisions of any othr r law, a Foreign Service of fieer who is retired in accordams:, w it h the provisions of this sectionJ 1 111 sda., aye the right Iii assig:n to any person or corporation the whole or any part of the benefits receivable by him pursuant to paragraph (a) (I) of this section. Any sorb assignment shall form approved by the St cretan it the Treasury turd a copy therxil shall be deposited with the Secretary of the Treasury by the officer executing the assignment ] SE LECTia IV- 0 UT SEC. 633. (a) 'I') r' Se,?,)a..:0 shall prescribe regulations concerning?. - (1) the mor'; tire m period during which an y Foreign. ;'..:erviee officer belma the CliVis of career mi niOer shall be permitted to remain in class without prumotion: and, (1!) MR slumlord al petform,ance 111,711 any such ofilem"mast maintain to reittain in the Smwtre. (b) Any oreign Seri cc off leer below the class Or career minister who does not receive a promotion fr e aigher class within the specified per,.sul or who fails to meet the standord of perforate rice required of officers of his claxs Maill be retired from the Service anl receive benefits in accordance with the provisions of section 634. SELECTION-OUT BENEFITS SEC. 831 (a) Ano Foreign Service officer in classes 1, 2, or 3 ?eh? is retired ,from the Service in accordance 'with the provisions of section 633 shall receive retirement benefits in accordance adt it the pro talons ot. section 821. (b) .Any Foreign Service officer in classes .4 or if who is retired from the Service in :accordance ?vith the ,i till of section 638 shall receive.- - (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 al his then current salary rale, payable without interest, in three equal instatIments the 1st day of January following the officer's retire- ment and on the two anniversaries of this date immediately following: and (2) a refund- id the contributions made to the Foreign Service Retirement and Disability Fund, an dt interest thereon at 4 per centum, compounded annually, except that in liii 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:, and who has elected, to receive retirement benefits before reaching the age of sixty-two, his death shall be considered a death in service within the meaning of section 833. In the event that on officer who was separated from. class 5 and who has elected to receive retirement benefits (lies before reaching the age of sixty-two, the total amount of his contributions made to the Foreign Service Retirement and Disability Fund, with, interest th,ereon at 4 per centum, compounded annually, shall be paid in accordance with, the provisions of section 841. (e) iVotwithstanding the 'provisions of section 3477 of the Revised Statutes, as amended (31 U. S. ('. 203), m. the provisions of any other law, it Foreign Service officer who is retired in accordance with the provisions of section 6,13 shall have the right Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved F oroBeielasea0042i0 x13 Apik,R.pRq 9-9,92 o 0200 osip o 01-5 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. ANNUITANTS 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. 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, Air Force, or Coast Guard of the United States.: (b) A person may obtain credit for prior service by making a special contribu- tion to the Fund equal to 5 per centum of his annual salary for each year of service for which credit is sought subsequent to July 1, 1924, with interest thereon to date of payment compounded annually at 4 per contuni, 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. Any such participant may, under such conditions as may be determined in each instance by the Secretary, pay such special contribu- tions in installments during the continuance of his service. EXTRA SERVICE CREDIT FOR SERVICE AT ITIVHEALTHI IIL POSTS SEC. 853. The President may from time to time establish a list of places which by reason of climatic or other extreme conditions are.to be classed as unhealthful posts, and each year of duty subsequent to January 1, 1900, at such posts inclusive. of regular leaves of absence, of participants thereafter retired, shall be counted as one year and a half, and so on in like proportion in reckoning the length of service for the purpose of retirement, fractional mouths being considered as full months in computing such [service.] 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. [The President may at any time cancel the designation of any places as unhealthful without affecting any credit which has accrued forservice at such posts prior to the date of the cancellation.] ATTACHMENT OF MONEYS 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 r (b)] (c). QUARTERS, COST OF LIVING, AND REPRESENTATION ALLOWANCES SEC. 901. In accordance with such regulations as the President may prescribe and notwithstanding the provisions of section 1 765 of the Revised Statutes (5- Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 22 N ERttCE ACT ,viVIENDMENJIS (IP 1955 U. S. (.:;. TO), the Secret a.--7 a;;thorized it" grant to any (Allot". or employee of the Service who is a citizen the (hilted States- - (l) aIIoo'aiitt' ssh're V or (lovernteent owned or rented, quarters are not available, for his itta 1ua"lrrr', heat, leght, fuel, gas, and eleetricity , including allowances ler ; he k '0!?'1 of lodging at temporary quartet's, fficurred by an (Allen" or employeof the Service wit the members of ids family upon first arrival at; a nee po-t, for a period Lot in excess of three tmeiths after ;such firs) arrival or entii ;he oiampatien of residenco quarters, whichever period shall la. shorter, up to but not in ext'ess of the aggregate amount of the per diem that would be allowable to such oilieer or employee for him ...41f and the members of I;is family for such period if they were in "ravel states; ;2) cost-f-ibs t at :',Ilowances, whenever the Secretary shall determine ? (P that the ost of living at a post abroad is proportionately so high flew an alley, aece is necessary to enable an talker or empieyee Seryli!e at;omit ;)ost to carry on his work ele;ien",,,;; (t ii that extraordinary and necessary exi);enses, not otherwise com- pensated f)e., art into rred by an officer or entployee dt he l...lerviee incident "0 "he estatAislonent of his residence at [his post of assignment] any post of ass; gutaint abroad or at a post of assignment in the contiwntal 1 'ailed ttah,s briween assignments to posts abroad; (iii) that an .fflowanee is necessary to aisist an officer or emph"yee of the Servlia. \via; is itompelled by reason of dangerons, mitably unhealth- ful, or excessively adverse living ()onditions at 'his post abroad or for Cie eoevenionce of the (loyertmient to meet the additional expense of maintaining his wife and minor children elsewhere than in the country of his assigeme.d; (iv) that exit nordinary and nehessary expenses, not tiherwise compen- sated for, mast ,t! incurred by an ,.-itlicer or employee or the Service, by rcasoa of ki.,4 service abroad, in providing for adequate eleinentor'ti and secondary idttratitot lor his dependents; allnwances under this sabnoragraph for any post shall not e,,!ceed the cost of obtaining such, educational services ai are todinarily proth-tted without charge by the public schools of the United Stales plus, in those '" uses where adegitale schools are not a tillable at the post, board and room, and periodic transportation between the post alai the nearest totality where adeTuate sehools are available; 2f any such officer or employee manillas a less expensive method of providley such education, any allowance paid to him?shall be t educed accordingly; no allowance shall be paid under this subparagraph fat' a dependent for ichout it toilet allowante has (wep, p' 'iii aralet section 911 :,9); (3) allow am'": in order to provide for the proper representation of the United States by officers or employees of the Service. GENERAL t'ROVISIONF; Sac. 911. The Secretary may, undel such regulations as he shall prescribe, pay-- (I) the travel expenses of officers and employees of the Service, including expenses incurred while traveling pursuant to orders issued by the Secretary iii aecordance with the provisions of section 933 with regard to the granting of home leave; (2) the travel expenses of the otembers of the family of an officer or employee of the Service when proceeding to or rettipting front 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 Ids 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 personal effects of an officer or employee of the Service who is absent under orders from his usual post of duty, in who is assigned to a post to which, becausE; of emergency' conditions, he eatualt take or at which he is unable to use, his furniture and household and persona" effects; (5) the cost of storing the furniture and household and personal 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; Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 FOREIGN SERVICE ACT AMENDMENTS OF 1955 23 (6) the travel expenses of the members of the family and the cost of trans- porting 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 prevalence of disturbed conditions, there is imminent danger to life and property, and the return of such persons, furni- ture, and effects to such post upon the cesgation of such conditions; or to such other post as may in the meantime have becoine 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.] status; (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 second- ary or college education, not to exceed one trip each way for each dependent for the purpose of obtaining each type of education., 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, and their dependents, including exam- inations necessary to establish disability or incapacity in accordance with the pro- visions of section 831, and for the cost of administering4nocu1ations or vaccinations to such officers or employees, and their dependents: Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 712,4d,r-oe 14$42A-e_c?P tvl_vde Approv 7 : - 59-00224A000200080001-5 84TH CONGRESS } SENATE /st Session Calendar No. 130 :7 1?77 FOREIGN SERVICE ACT AMENDMENTS OF 1955 MARCH 30 (legislative day, MARCH 10).?Ordered to be printed Mr. GEORGE, from the Committee on Foreign Relations, submitted the following REPORT [To accompany H. R. 4941] The Committee on Foreign Relations, having had under consider- ation H. R. 4941 to amend the Foreign Service Act of 1946, as amended, reports that bill to the Senate without amendment and recommends that it do pass. GENERAL PURPOSE OF BILL The main purpose of the pending bill is to amend the Foreign Service Act of 1946 to make it possible to expand the Foreign Service officer corps from its present membership of about 1,600 officers to a strength of over 3,000 officers. This expansion is to be accomplished by enabling qualified officers in the Department of State (including its Foreign Service reserve and staff personnel) and a limited number of officers from other Government agencies ,to be appointed to the Foreign Service officer corps, after comprehensive examinations, at 8a1aries generally equivalent to those they now receive as Government employees. In addition, the pending bill contains provisions relative to service at hardship posts, retirement, selection-out procedures, and educational allowances. The bill gives effect to recommendations made in 1954 by the Secretary of State's Public Committee on Person- nel (the Wriston Committee). The pending legislation does not authorize: any increase in the total number of employees to be engaged in the foreign policy functions of the Government, but would make available to the Secretary of State a larger corps of officers that can be assigned for duty at home or abroad. The bill does not increase salaries:although it is estimated that provisions relative to educational allowances, travel, retirement, and other benefits will cost approximately $1,290,000 annually. 55006-55 1 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 2 FOREIGN SERVICE ACT AMENDMENTS OF 1955 BACKGROUND The Foreign Service Act of 1946 was designed to enable the Foreign Service to serve the interests of the United States abroad. From time to time since 1946 that act has been amended, but thus far no perma- nent amendments have been made to enable the expansion of the Foreign Service to meet the increased responsibilities of the United State S in the conduct of its foreign relations. Under the terms of the Foreign Service Act of 1946 and related legislation, employees engaged in foreign policy duties have fallen into the following categories: PERSONNEL STRENGTH (Department of State and Foreign Service employees as of February 28, 1955) By category Departmental employees: 1. Officers (GS-7 and up) 2, 360 2. Clerical (GS--6 and below) 2, 509 4, 869 Foreign Service employees: 1. Chiefs of mission (noncareer) 34 2. Foreign Service officers 1, 573 3. Foreign Service reserve officers 233 4. Foreign Service staff officers (FSS?) and above)._ _ _ _ _ _ __ 1, 597 5. Foreign Service clerical (FSS-10 and below) 2, 842 6. Aliens (employed abroad) 9,371 - 15, 650 ----- Total American personnel 11, 148 Total aliens 9,371 In the United States and abroad 20,519 By location Tn United States Overseas Total Departmental employees 4,869 4, 869 Foreign Service: 1. Chiefs of mission (noneareer) 34 34 2. Foreign Service officers 912 1, 161 1, 573 3. Foreign Service reserve officers 35 108 233 4. Foreign Service staff officers and employees_ 321 4,118 4,438 5. Aliens 9,371 9,371 Total 5,637 14,882 Grand total, all personnel 20,519 Despite the fact that most of the civil-service officers in the Department are intimately concerned with foreign policy matters, they are not obliged, and in many eases have had no opportunity, to serve overseas. Foreign Service personnel, on the other hand, may be assigned to serve any place in the world. A number of studies have been made of the desirability of inte- grating certain categories of departmental employees with the Foreign Service, thus increasing the number of officers available for assignment overseas and at the same time increasing the number of positions in Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Iled2ra292Nn226chimpAgogg.#4gg92000800g1-5 the Department of State which might be filled by officers with overseas experience, including members of the Foreign Service officer corps. In May 1954 a Public Committee on Personnel under the chairman- ship of Henry M. Wriston recommended to the Secretary of State that steps be taken? To integrate the personnel of the Department of State and of the Foreign Service, where their official functions converge, into a single administrative system, thus putting an end to the institutional separateness of these main functioning arms of United States diplomacy. In order to make this recommendation effective, the Secretary found it desirable to seek authority from the Oongress to enable him after appropriate examination, to transfer departmental and Foreign Service staff and reserve officers into the Foreign Service officer corps at substantially the same salary they have been receiving. Last year the Congress in Public Law 759 authorized the appoint- ment to the Foreign Service officer corps by March 31, 1955, of not to exceed 500 officers to classes other than c4lass 6, the lowest class in the Foreign Service officer corps, at other than the minimum salary for such classes. Although it would have been possible for the Secretary of State to have appointed these officers to the Foreign Service officer corps, under the terms of the Foreign Service Act of 1946, he would have been required to appoint them at the minimum salary in each class. This requirement has had the effect of restricting severely the number of qualified Department of State officers willing to accept appointment as Foreign Service officers. In some instances they would have been required to take salary cuts up to $1,600 per year. Most of the appointments authorized by the legislation last year have now been made. In January the Secretary of State proposed legislation designed to accomplish the following general purposes: 1. To permit appointments in classes FSO-1 to FSO-5 to salary steps above the minimum. 2. To make Foreign Service officers and reserve officers eligible to receive hard- ship post differentials which are now paid to staff corps officers and employees and civilian personnel of other Government agencies who are stationed abroad. 3. To permit the Secretary of State to waive the 4-year limit on the assignment of Foreign Service personnel to duty in the United States. 4. To establish a home service transfer allowance for Foreign Service personnel assigned to duty in the United States between tours of foreign duty. 5. To extend the selection-out system to Foreign Service officers of class 1. 6. To discontinue the existing provisions granting Foreign Service officers time-and-one-half credit toward retirement for service at unhealthful posts. 7. To make officers of other Government agencies eligible for lateral entry as Foreign Service officers. 8. To establish a basis for educational grants to defray part of the expenses of educating children of American parents stationed abroad. 9. To increase the maximum duration of Foreign Service reserve appointments to 5 years and to permit the Secretary of State to grant additional 2-year exten- sions of such appointments. 10. To permit the Secretary of State to negotiate reimbursements for Foreign Service personnel detailed to other Government agencies. 11. To limit the amount of gratuities paid Foreign Service officers in classes 4 and 5 who are selected out of the Service. 12. To authorize physical examinations, inoculations, and vaccinations to dependents of Foreign Service personnel. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 ApTroved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 FOREIGN 5FE'VICE ACT AMP NDMEN1S OF 1955 CO UMITTE E AtITION On March 22, 1933, the Committee on Foreign Relations held an Open hearing to consider the Secretary's proposals which had been amended by the House Committee on Foreign Affairs and embodied in H. R. 4941. Testimony was received from Hon. Loy Henderson, Deputy Under Secretary of State for Administration. On March 29, 1955, the committee voted to report ft R. 4941 favorably to the Senate. Tin: PENDING LEGISLATION 1, Lateral evtry Two provisions of the pending legislation are specifically related to the appointment of State Department officers to the Foreign Service at salaries generally equivalent to those they now receive. Section 2, by amending section 413 of the Foreign Service Act, authorizes the Secret ary of State to determine the basic salary which may be paid to persons appointed to the Foreign Service officer corps, taking into consideration their age, qualifications, and experience. Section 4- amends section 317 of the Foreign Service, Act to make it clear that, not more than 1,250 persons who have not served in class 6 may be appointed EIS Foreign Service officers. Nominees must come from individuals who have served at least 4 years in a position of responsibility in a Government agency, except that if the employee has reached the age of 31 the requirement as to service may be reduced to 3 years. It is not necessary that this service be immediately prior to appointment, as a Foreign Service officer although, except as noted below, appointments can be made only of those who were in fact employed in the Department of State (including its Foreign Service reserve or Foreign Service staff) on March 1, 1953. Provision is made, however, for not, more than 40 persons riot on the Department's rolls on March 1, 1953, to be permitted lateral entry into the Foreign Service officer corps. In other words, of the 1,250 lateral appointments authorized, 1,210 are, in effect, restricted to persons who were employed in the Depart- ment of State (inclutlina. its Foreign Service reserve and Foreign Service staff) on March I, 1955. Such persons must, in addition, have completed either 3 or 4 years of service (depending upon their age) in an appropriate position of responsibility before they may be apiiointed as Foreign Service officers. It is essential under the terms of this section, however, that lateral ent rants among this group must have been actually or constructively employed by the Department on March 1, 1955. Departmental offi- cers, or Foreign Service Reserve or Staff officers serving in the armed services on that date and who may be accorded restoration rights under the terms of the Selective Service Act of 1948, as amended, would, for example, be entitled to seek lateral entry withM the 1,210 figure if otherwise eligible. The same would also be true wit Ii respect, to officers who rimy on Mardi 1 have been on detail to another Govern- ment agency or assigned to an educational institution. it will be noted thin sect ion 517, as amended, will permit the lateral entry of not more than 40 officers who were not employed in the De- partment of State on \larch 1, 1955. This figure is designed to take can, of former experienced Department of State officers with the re- quired governmental service who may have been transferred to other Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For RW.itmei,2wp.N3A.ccimppgspA224A9M0008000A-5 Government agencies before they could the examined for the Foreign Service and for a limited number of otker persons with the required service who may be especially qualified for direct admission to the Foreign Service. In this connection it should be noted that existing legislation author- izes the Secretary of State to continue to employ qualified individuals as members of the Foreign Service reserve, as distinct from the Foreign Service officer corps, even though they may not have had the 3 or 4 years' experience with a governmental agency which is a prerequisite to admission to the Foreign. Service officer corps. 2. Hardship provisions Sections 3 and 9 of the pending legislation concern service at foreign posts involving extraordinarily difficult living conditions the so- called hardship posts. Section 3 amends section 443 of the Foreign Service Act to permit the President to prescribe a salary differential for such posts not to exceed 25 percent of the basic salary of Foreign Service officers and reserve officers assigned to such posts. Hereto- fore, Foreign Service officers have been given credit toward retirement at the rate of 1% years for each year of service at unhealthful posts. Section 3 read in conjunction with section 9 has the effect of giving Foreign Service officers serving at unhealthful posts an option as to whether they wish to take credit for such service either in terms of a salary differential or in terms of credit toward retirement. Section 853 authorizes the President to designate a list of places found to be unhealthful. Should conditions at such posts improve, he may, of course, remove them from such list. 3. Allowances Sections 10, 11, and 12 of the bill relate to allowances and benefits for Foreign Service personnel or their dependents. Section 10, which amends section 901, paragraph 2, of the Foreign Service Act, will authorize Foreign Service personnel who are assigned to the United States for a tour of duty to receive an: allowance to enable them to meet expenses necessary for transfer to home assignment. At the present time such an allowance is provided only when employees transfer to new posts in foreign countries, even though transfers to the United States may be just as costly. This home service transfer allowance would be paid only to employ efes serving in the United States between assignments to posts abroad. . Section 10 of the bill also authorizes the payment of extraordinary and necessary expenses encountered by Foreign Service personnel in providing adequate elementary and secondary education for depend- ents. It is important that A mericans serving abroad in the Foreign Service be able to provide an education for their children substantially equivalent to that which children redeive under the public-school system of the United States. This provision of the bill does not go beyond the payment of allowances to cover expenses encountered by Foreign Service personnel in obtaining educational services which are ordinarily provided without charge by public schools in the United States. For example, if the only adequate ..kmerican-type school available in a foreign country to a child of a Foreign Service officer were one which charges tuition, this provision would authorize the payment of an allowance to cover the cost of such tuition. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Apoproved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 FOREIGN SERVICE ACT AMENDMENTS OF 1055 ? Section 11 authorizes the payment of a travel allowance for one trip to the United States and return during high school, and another during college. Finally, section 12 amends section 943 of existing law so as to include dependents of Foreign Service employees among those authorized to receive periodic physical examinations, inoculations, and vaccinations at Government expense. 4. Selection-out Section 7 of the pending bill extends selection-out procedures now found in the Foreign Service Act to class 1 officers who have not here- tofore been covered by such procedures. It will have the effect of making it possible for the Service to select out certain officers in class 1 whose performance does not meet an appropriate standard before they have reached mandatory retirement age. Amendment of section 634 of the 1946 act limits the amount of termination pay that can be given to officers of classes 4 and 5 who are selected out under the provisions of the act. 5. Other provisions Section 5 of the bill increases from 4 to 5 years the period during which an individual may serve as a Foreign Service Reserve officer. It has been found that 4 years' service is inconvenient for adminis- trative purposes and inadequate to enable the Government to derive the optimum benefit from the service of Reserve officers. Section 6 will authorize the Secretary of State, in special circum- stances, to permit Foreign Service personnel assigned to home duty in the Department of State or to duty in another Government agency to extend the existing 4-year limit on such service for an additional 4 years. This section also authorizes the Secretary of State to enter into agreements with the heads of other Government agencies regarding reimbursement for salaries paid to Foreign Service personnel who may be on temporary assignment to such other agencies. Section 8 will permit Foreign. Service officers who have served in the Armed Forces to obtain credit for such service without contribu- tion to the Foreign Service retirement system on an equal basis with civil-service employees under the civil service-retirement system. This means that there will be limited refunds to those officers who are covered by the Foreign Service retirement system and have been required to make special contributions to that system in the past because they could not receive free credit for periods of active military service prior to becoming a Foreign Service officer. COSTS The Department of Si ate has submitted the following estimates of the cost of putting the proposed amendment into effect: Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 ? CIA-RDP59-00224A000200080001-5 FOREIGN SERVICE ACT AMENDMENTS OF 1955 7 Estimated cost 1955 1956 1. Sec. 413. Lateral appointments of Foreign Service officers above the minimum rate of the class to which appointed Comment.?The Foreign Service Act o 1946, which provided that appoint ments to classes 1 to 5 be made at the minimum salaty rate of the class, was amended by Public Law 759, 83d Cong.. to permit the appointment of 500 officers at rates above the minimum up to Mar 31, 1955.; The estimated cos o the proposed amendment will be $5,001 or the period Apr. 1 1955 to July 1, 1955, and $75000 for fiscal year 1956. 2. Sec. 443. Payment of salary differentials to Foreign Service fifficees and Foreign Service Reserve officers Comment.?The estimated cost of this amendment is lased on a count of Foreign Service officers and Reserve Corps officers at differential post multi- plied by the percent differential received by each; namely 286 Foreign Service officers and 31 Reserve officers. For fiscal 1955 the annual cost is reduced by 76 percent. 3 Sec. 901 (2) (ii). Homo -ervice transfer allowance Comment.?Assumed average cost is based on an analysis of average, size of each Foreign Service family, costs of hotel room accommodations in Washing- ton as determined by Bureau of Labor Statistics, the average intra- and inter- zone transfer allowance and the assumption that 100 ;rassignments to the United States will be made during the balance of fiscal 1955 and 100 each year thereafter. 4. Secs, 901 (2) (iv) and 911 (9). Educational allowances Comment.?The estimate or fiscal 1955 is related to children of Foreign Service personnel attending college in the United States and is designed, to cover the travel expense of approximately 33 trips to and from the field at an average cost of $1,476 per trip For fiscal 1956, the estlinate covers (1) an allowance of $310 each for 1,013 children in elementary and secondary grades residing abroad, (2) travel for 25 percent of the same children to nearest satis factory school in the country of residence at $100 each. (3) travel for 92 chil- dren in secondary grades from abroad to the United States and return at an average cost of $1,476 each, prorated over a 3-year period,i and (4) tray() of 74 children attending college in the United States to post of arents' assignment and return at an average cost of $1,476 each, prorated over a 4-year period. 5. Sec. 943. Medical examinations of dependents of Foreign Service personnel sta- tioned abroad Comment.?The estimate is based on the assumption that average cost of each examination will be $7, and that 1,000 such examinations would be made during the balance of fiscal 1955, that 4,000 such examinations would be made annually thereafter, $5, 000 $75,000 120. 000 480, 000 10,500 200, 000 50,010 7, 000 442, 000 28, 000 SUMMARY 1965 Sec. 413 $5, 000 Sec. 443 120, 000 Sec. 901 (2) (ii) 50. 000 Secs. 901 (2) (iv) and 911 (9) 50, 000 Sec. 943 7, 000 Total_ 232, 000 1, 1956 $75, 000 480, 000 200,000 442, 000 28, 000 225, 000 An additional cost of $67,000 occasioned by section 8 on retirement credit for military service will result in a total per annum cost of about $1,290,000. MORALE IN THE FOREIGN SERVrCE The committee recognizes that the integration program launched last year and being given impetus by the pending legislation has caused certain morale problems in the Department of State, as well as in the Foreign Service. Its attention has been called to instances in which promotions in the Foreign Service have lagged behind promotions in the departmental service with the result that there may be some inequities in transferring certain departmental officers to the Foreign Service. It also recognizes that some employees in Washington do not desire to serve overseas and will choose to remain in the Department rather than enter the Foreign Service. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 8 FOREIGN SERVICE ACT AMENDMENTS OF 1955 The committee feels that the responsibilities of the United States in the field of foreign policy have so expanded in recent: years that it is essential that the Foreign Service Officer corps be increased in size. It would have preferred to have seen this expansion trtke place over a period of years by the admission to the .Foreign Service of applicants in the lower classifications. This has net been possible for a variety of reasons. The committee believes that the integration program should 'MOW, ahead rapidly but at the same time must be administered with careful consideration of special .3itutttions and personnel problems which will undoubtedly arise. COMMITTEE RECOM NIENDATIONS The committee, after a survey of the proposals that the Foreign. Service officer corps be increased by the lateral entry of officers horn the Department of State, believes that the pending legislation should. he approved. It may be necessary to examine in more detail the prob- lem of lateral entries at a later time. The present bill, however, limits the number of such entrants to 1,250. This seems to the committee to be a reasonable figure. The committee also approves the other amendments to the Foreign Service Act of 1946 which are covered by this legislation and urges that the Senate give its early approval to the resolution. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 APPENDIXES APPENDIX I In lieu of publishing committee hearings held on March 22, 1955, the statement of the principal witness in support of H. R. 4941, Mr. Loy Henderson, Deputy Under Secretary of State for Administration, is printed herewith. The full hearings are available at the committee offices. STATEMENT OF HON. LOY W. HENDERSON, DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION, BEFORE THE SENATE -COMMITTEE ON FOREIGN RELATIONS IN SUPPORT OF AMENDMENTS TO THE FOREIGN SERVICE ACT OF 1946 Mr. Chairman, I appreciate the opportunity to appear before this committee in support of legislative improvements in the Foreign Service Act of 1946. As you are aware, the Committee on Foreign Affairs of the House of Representatives recently completed hearings on certain amendments to the act of 1946 requested by the Secretary of State, and has reported out H. R. 4941. This measure differs in some respects from the amendments propOsed by the Department. However, in basic purpose and concept they are the same, namely, to improve and strengthen the Foreign Service in order that it may serve as a more effective instrument for the conduct of our foreign relations. The committee will recall that Mr. Charles E. Saltzman, then Under Secretary of State for Administration, appeared before this committee last July. At that time he discussed the steps the Secretary of State Was taking to improve and strengthen our Foreign Service, based on recommendations made to the Secretary last May by his Public Committee on Personnel. Consequently, I shall avoid undue repetition of that presentation. As you are aware, profound changes have occurred over the past decade in the number and complexity of international problems with which our Government must cope. The manner in which we in the State Department and the Foreign Service assist in finding solutions to these problems, arid the character and quality of the men and women who are concerned with their solution, is bound to have a deep effect upon the future history of our country. The personnel of the Department of State and the Foreign Service, in my opinion, have in general acquitted theinsay es in a creditable manner. Steps have been taken during recent years to improve the management and administra- tion of the Department and the Foreign Service. However, we have been handi- capped by certain deficiencies in organization, legislative authorization, and per- sonnel. Considerable progress has been made over the past 0 months in putting into effect improvements suggested by the Secretary's Public Committee on Personnel, within existing legislative authority and budget ceilings. However, much remains to be done. It seems to me that without further delay, additional measures, especially neces- sary legislation, should be taken to enable the Department to overcome present deficiencies. I hope that, with the cooperation of the Congress, we shall be able within the next few years to achieve a much stronger and more broadly based professional Service manned by highly trained and capable personnel prepared to serve wherever and whenever in the opinion of their Government they can be the most useful. In spite of certain shortcomings, the Foreign Service, in my opinion, is even now one of the best in the world arid pne of which we can be justly proud. I do not believe that it is possible to find anywhere a more devoted, loyal, and able group of men and women than those who are at present in the Department of State and its Foreign Service. Before taking up the matter of legislation, I would like to touch briefly on the four principal points of the Secretary's personnel program. The first and most 9 S. Rept. 127, 84-1--2 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 10 FOREIGN SERVICE ACT AMENDMENTS OF 1P55 fundamental is to build up the Foreign Service Officer Corps to include, in addi- tion to the present Foreign Service officers, those civil-service officers in the Department and its Foreign Service Reserve and staff who are engaged in essen- tially the same kind of work. This process, which we refer to as the "integration program," was launched last August. When completed it will make available to the Secretary a substantially larger corps of career officers each of whom is pre- pared to serve anywhere as the needs of the Service might require. Al the time the program was started, approximately 30 percent of the officers under the Secretary's jurisdiction were members of the civil service stationed in Washington and not subject:. to transfer abroad. Integration is making many of these o:fficers and the special skills they possess available for service both at home and abroad. At the same time, integration is making it possible for a larger number of Foreign Service officers to serve in the United States. 1 am convinced that in the years to None the Department cf State and its Foreign Service will be more effective tit the conduct of our foreign relations if most of the officer 'terse-nowt shall have had experience both at home and abroad. The integration preeerarn, I should point, out, does not incre,;ise the number of perSOTIS on our payroll. It merely involves the transfer of properly qualified civil service and Foreign Service Reserve and staff officers to the Foreign Service Officer Corps. A second major need relates to the recruitment of able young men and women into the lower grades of the Service. Based on iny years of experience, I a m con- vinced that if the 'Foreign Service is to attract and hold good people, it must be able to offer them a genuine career. Tins means that once the preeent integratioli program is completed, entry into the Foreign Serviee Officer Corps should be, in our opinion, primarily through open competitive examination for class FSO-6 which is 1-he junior or entrance level to the corps. To this end, the Department is undertaking what is perhat es the most intensive recruitment eampitig,n in its his- tory. Our emphasis upon recruitment does not mean, however, tied we intend to lower the standards for entry into the Foreign Service. A third fundamental need is to expand and improve the training of our per- sonnel. The Foreign Service Institute is extending its facilities and hroadening its training programs. Inereased funds authorized by Congress last year have been alost, helpful in this regard. Much In ore remains, hoWever, to be done in this field. A court h basic need is Inc provide inore favorable conditions for our personnel servitig abroad. Most of those who choose the Fetreign Service as a lifetime career elo Sc' because of a devotion to pi blic setrvice. Their motive is not self-enriclumait. ;Despite improvements provided by the Foreign Service Act of 1946, most of our personiutl are still beset by real financial worries: how to :find the means to give their children an adequate American-type education, how to assure their families prosier medical attention when serving at distaat and disease-rhieten posts, It seems to me that it would be in the public iiderest to relieve these; people, to an extent at least, of some of these -finaneial burdens. I would like at this point to discuss the provisions contained in II. IL 4941 as reported out by the House l'ionemittee on Foreign Affairs. These amend:it:milts are somewhat different frenn those set forth in the letter amid c the Secretary of State addressed to the Vice Prasident, and the Speaker of the Ilmise of Representa- tives on January 25, 1955. Nevertheless, in our opinion, they would accomplish the same general purpose. Section 2 of IL R. 49.11 amends section 413 c the present law by authorizing the appointment of Foreign Service officers at salary steps above the minimum salary rate for each class. The act of 1946 requires that appointments to classes 1 through 5, inclusive, be made only at the minimum salary rate of the class to which a,ppointed. This provision is identical to the Department's proposed anuendment. As the cotarn Mee is att are, Public Law 759 of the 83d Congress, effective August - 31, 1954, amended the Foreign Ser-t ice Act: of 1946 to permit not more than 500 persons to be appointed to tlasses FSO-1 through 150 5 at. other I inn the mini- mum salary rate until 'March 31, 1955, from the classified civil seawiete or the Foreign Service reserve or Fc reign Service staff. This temporary authorization has enabled the Department to move forward on the integration program. Phe committee might Inc interested to know that by IMareh 18, 1955, 572 offMers have I een cairtified by the :Board of :It,xaitiiners for the Foreign Service for am:tomtit:tent as Foreign Service officers under the present integration program; 351of. these have been cfim onred by th e Senate an n d a _additional 219 en nomi have benated by t1 c' President. (If the 572 candidates, 411 have been apprdved for appointment abet e. the otiniee men rate for classes 1 thr(tugh 5 in accordance with Pei hlie Law 759. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 FOREIGN SERVICE ACT AMENDMENTS OF 1955 11 Another 41 candidates who had been approved for lateral appointment prior to the inauguration of to present integration program also have been appointed pursuant to that act. Since Public Law 759 expires on March 31, 195_5, early approval of the requested authority to continue to make lateral appointments above the minimum rate is essential if the integration program is not to come to a halt. I believe it would be extremely detrimental to the efficient administration of the Department as well as to the morale of our personnel if the program should be interrupted at this point. The proposed revision of section 413 of the Foreign Service Act of 1946, unlike Public Law 759, does not contain any limitation on the number of appointments that might be made above the minimum salary rate; neither does it impose a time limitation nor contain any reference to the categories or plasses of personnel who may be appointed. Section 4 of the House bill, which I shall discuss in a moment, does, however, place a limitation on the number of persons who can enter the Foreign Service officer corps in classes 1 to 5. Section 3 of H. R. 4941 amends section 413 ofilie present law to make Foreign Service officers and reserve officers eligible to receive additional compensation not to exceed 25 percent of basic salary while assigned to hardship posts; namely, posts involving extraordinarily difficult living conditions, excessive physical hard. ship, or notably unhealthful conditions. Such additional compensation is now paid to Foreign Service staff personnel and to civilian employees of other Government agencies who are stationed abroad. This provision of H. R. 4911 is identical to Ho Department's proposed amend- m.ent of the present law. E should add that Foreign Service officers at present receive extra credit toward retirement for service at unhealthful posts, namely, 11/-i years for each year of such service. Unhealthful posts are included in the hardship post list. This provision contemplates that a:Foreign Service officer may choose between receiving the extra credit toward retirement WM.C11 assigned to an unhealthful post or receiving a salary differential 1 le cannot receive both for the same period of service. Section 4 of II. R. 1941 amends section 517 of the present law in four principal respects. Section 517 relates to the examination and appointment of persons as Foreign Service officers in classes 1 through 5. 1. The first change relates to the type or types of examinations to be given candidates for such appointment. Under the present law a candidate may not be so appointed unless, and I quote' "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 Service"?end quotation.. The Department's proposed amendment would have merely deleted reference to the various types of examinations. Its purpose.was to remove any doubt that the Board of Examiners had discretion to determine the type or types of examina- tions that should be given. H. It. 4911 requires that the Board prescribe "com- prehensive mental and physical examinations." In explaining this language, House Report No. 229, accompanying H. R. 4911, states that, and I quote, "the examination will be a 'comprehensive mental' one. It may be written, or oral, or both. The committee .is not specifying the fOrm or cOntent of the examina- tion",--end quotation. 2. A second change in the present law contained both in II. R. 4941 and in the Department's proposed amendment, eliminates the requirement that the qualify- ing period of service for lateral appointment be performed "immediately" prior to appointment. 3. A third change in the present law contained both in the Department's amendment and in H. R. 4941 is to open eligibility for lateral appointment to persons who have completed the required period of iservice in a responsible position in any Government agency or agencies rather than restricting such appointments to personnel who have acquired such service exclusively in the Department of State, or in the Foreign Service reserve or staff. AS I have already stated, it is our firm intention to rely primarily on outside recruitment at class FSO-6 once the integration program is completed. However, from time to time, in our opinion, the national interest will be served if the Department is permitted to draw into the career corps a limited number of persons with prior service in other agencies of the Government. 4. A fourth change contained in H. R. 4941 but not included in the Depart- ment's amendments is that the House bill limits the number of lateral entry appointments to 1,250, until otherwise provided by act of Congress. The purpose of this limitation as explained in the report is to assure that the amendment Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 12 FOREIGN SLRVICE ACT AMENDMENTS OF 1 955 permitting lateral entry, and I quote, "will not lead to an excessive number ol7 lateral entries and to enable the Congress to have another look at the program." The House bill also provides that not more than 40 of the 1,250 lateral entrants may be qualified persons who were not employed on March 1, 1955, in the Depart- ment, including its Foreign Service reserve and Foreign Service staff, and who have not also served in a position of responsibility hi the Department, or the Serv- ice, or both, for the required period prior to appointment. The 1,250 lateral entrants authorized by the House bill are in addition to those who will have been appointed under Public Law 750. Under such authorization the Department would be able to complete the integration program as well as to bring in a small number of outstanding persons from various Government agencies. It should be pointed out that one the 1,250 quota is exhausted, the effect of the House bill is to render inoperative section 517 of the Foreign Service Act until the Congress takes further action. The Department will undoubtedly come in at a later date and ask for an extension of lateral entry authority. Members of this committee will recall that Public Law 759 of last year contains a provision that was added on the Senate floor limiting the application of the provisions of that law to persons from, and I quote, "the classified civil service or the Foreign Service reserve or Foreign Service staff" end quotation. 11. R. 4941 does not contain such a limitation. In my opinion it would be most unwise for such a limitation to be put on this bill. .1 considerable number of competent departmental officers with many years of departmental experience are presently serving in so-called excepted positions. Because their positions are hi the ex- cepted category, these officers cannot be considered as being in the classified civil service despite the fact that they have personal civil service status. .1 number of other departmental officers with excellent records do not, for a variety of reasons, possess competitive il-service status. I think -it is only fair that these officers be given an opportunity to qualify for lateral entry. The remaining provisions of the House bill may be briefly sunimarized as follows: 1. Section 5, which n mom's section 522 of the present law, extends the period a I'oreign Service Reserve officer may serve from 4 years to 5 years, as requested in the Department's amendment. The Department's proposal that the Secretary be permitted further to extend this period of service by 2 additional years is dropped in the House bill. 2. Section 6 amends section 571 of the existing law to permit the Secretary, under special circumstances, to extend the 4-year period that at officer or employee may be assigned to the Department (or another agency) by not more than 4 additional years. The Department's proposed amendment left the matter of such an extension to the Secretary's discretion. Both this section of H. R. 4941 and the Department's amendment modify the existing law to remove the requirement that an officer, once assigned for duty to the Department or to another Government agency, may not he reassigned lot such duty until the expiration of a period of time equal to his precedl lie tour of duty of a 2-year period, whichever is the shorter. This revision will enable the Secretary to make the most effective use of his personnel to meet, special weds. In practice such reassignments will he made only when there is it sound justification for the action. Both this section of the House bill and the Department's amendment include a new provision that would permit the Department to be reimbursed for all or a part of the salary of an ()Meer assigned or detailed to another Ox erninent agency. 3. Section 7. of H. IL 4041 is identical to the Department's proposed amend- ments of sections 633 and 634 of the existing law. The new provisions extend the selection-out system, which at present applies up to and including class }'SO-2, to class FSO-1. Another change is to Clarify the basis for administering selection-out by stipulat- ing that an officer may be retired from the Service either for failure to be promoted after having served for a maximum period of time in class or for failure to maintain an adequate standard of performance. Finally, this section places a limit of not more than 1 year's pay on the amount of severance gratuities presently authorized for Foreign Service officers in classes 4 and 5 who are selected-out. 4. The provisions of section 8 of H. R. 4941 were not included in the Depart- ment's proposed amendinents.. The Department, however, would welcome this amendment,. which modifies the Foreign Service retirement and disability system to grant a person free credit toward retirement for periods of active military serv- ice preceding his appointment as a Foreign Service officer. Such credit has been given under the civil-service retirement system since April 1, 1948. At present, an offices entering the ,Foreign Service who has received such free credit under Approved Fo r Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 ;AIANIFM-RWAft0p0A0008000f135 FOREIGN SERVICE civil service must pay for his military service. The House bill removes this in- equity and further provides for a refund of contributions that have been made since April 1, 1948. 5. Section 9 of H. R. 4941 amends section 853 of the present law by providing ,that no extra credit shall be given toward retirement for service at an unhealthful post if an officer receives a salary differential for such service. You will recall that section 3 of H. R. 4941 authorizes tins payment of such differentials for service at hardship posts. Tins provision on retirement credit does not, of course, apply retroactively. The Department's amendment differs somewhat from the House bill in that it would not permit an officer to choose as between extra retirement credit or the salary differential. In our opinion, the House version is preferable. 6. Sections 10 and 11 of H. R. 4941 amend sections 901 (2) and 911 of the 'present law in two important respects. The House bill authorizes a home service -transfer allowance to be paid to personnel of the Service when they are assigned from a post abroad to the continental United States between foreign assignments. Such a provision will assist officers in meeting the out-of-pocket expenses that result from the mobile nature of their employment. The second provision, and one which we consider to he most important and fully justified, is authorization to defray a part of the expenses incurred by our people in educating their children while they are stationed abroad. I will not go into the particulars of this provision now. I wish again to emphasize that the financial and morale problems that result from the absence of such a provision are real and acute. The House version differs from the Department's amendment as regards legislative language, but the essential purpose of each is the same. 7. Section 12 of the House bill is identical to the Department's amendment to section 943 of the present law to provide for administering physical examinations and inoculations and vaccinations to dependents. This provision is not only humanitarian, but will also protect the Government. Although there are some differences between the amendments requested by the Department and those contained in TT. R. 4941, the two measures are alike as to purpose and concept. Accordingly, the Department endorses the provisions of the House bill. Mr. Chairman, this concludes my statement. Members of my staff and I are at your disposal. APPENDIX II CHANGES IN EXISTING LAW In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, and existing law in which no change is proposed is shown_ in roman): FOREIGN SERVICE ACT OF 1946 SALARIES AT wmcn FOREIGN SERVICE OFFICERS MAY BE APPOINTED FEc. 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 consideration his age, qUalifications, and experience, determine to he appropriate for him to receive. (b) A person appointed as a Foreign Service offioer 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 NI arch 31,1955, not more than five hun- dred persons may be appointed from the classified civil service or the Foreign Service reserve or Foreign Service staff at other than the minimum rate.] 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 appro- priate for him to receive. Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 FOREIGN SERVICE ACT AMENDMENTS OF 1955 OTHER OFFICERS AND EMPLOYEES SEC. 432. (a) * * * (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 clzwi. A Foreign Service officer pro- moted 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 follow- ing the date of his promotion, the Foreign Service officer shall, unless he has be- come liable to separation 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 effec- tive, 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 OD the nomination during the session following a promotion, from the termination of that session. ADMINISTRATIVE EST A STASH M ENT OF SALARY DIFFERENT! ALS [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 posts at which extraordinarily diffi- cult living conditions or excessive physical hardship prevail or at which notably unhealthful conditions exist. The Secretary shall prepare and maintain a list of such posts.] Stec, 442 The President may, under such regulations as he may prescribe, estab- lish 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 extraordinarily difficult living conditions, excessive physical hardship, or notably unhealthful conditions. The Secretary shall prepare and maintain a list of such posts. ADMISSION TO CLASSES 1, 2, 5, 4, AND 6 WITHOUT PRIOR SERVICE IN CLASS 6 Sac. 517. A person who has not served in class 6 shall not be eligible for ap- pointment as a Foreign Service officer of classes 1 to 5, inclusive, unless he has passed [such written, oral, physical, and other examinations as the] comprehen- sive mental and physical examinations prescribed by 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 posi- tion of responsibility in the [Service or in the Department or both] service of a Crovernment 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. After the date of enactment of the Foreign Service Act Amendments of 1955 and until other- wise provided by Act of Congress, not more than one thousand two hundred and fifty persons who have not served in class a 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, 195,5, in the Department, including its Foreign Service Reserve and For- eign Service Staff personnel, and who have not also served in a position of responsi- bility in the Department, or the Service, or both, for the required period prior to ap- pointment. APPOINTMENTS AND ASSIGNMENTS TO THE RESERVE SEC 522. Whenever the services of a person who is a citizen of the United States and who has been such for at least five years are required by the Service, the Secretary may--- Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Ryolks&20cIA9N3A:cclii-INWII:q2641A999?000800n-5 (1) appoint as a Reserve officer for nonconsecutive periods of not more than [four] 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 [of a specialized character];_ and (2) assign as a Reserve officer for nonconsecutive periods of not more than [four] five years each a person regularly employed in any Government agency, subject, in the case of an employee of a Government agency, other than the Department of State, to the consent of the head of the agency concerned. ASSIGNMENTS 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 assignments to be for a period of not more than four years. He may not again be assigned for duty in a Government agency until the expiration 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.] 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 assign- ment or combination of assignments to be for a period of not more than four years, except that under special circumstances the Secretary may extend this four-year period for not more than four additional years. (b) A Foreign Service officer may be appointed as Director General, notwith- standing 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 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 construed 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 concern- ing 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 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 pro- visions 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. (e) The salary of an officer or employee assigned purs,lant 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. [FOREIGN SERVICE OFFICERS IN, CLASSES 2 AND 3 (SEC. 633. The Secretary shall prescribe the maximum period during 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 retire- ment benefits in accordance with the provisions,of section 821. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 FOREIGN SERVICE ACT AMENDMENTS OF 1955 EFOREION SERVICE; OFFICERS [N CLASSES 4 AND 6 [Six!. 634. (a) The Secretary shall prescribe the inaximunt period during uliich Foreign Service officers in classes 4 or 5 shall be permitted to remain in such classes without prof-notion. Any officer who does not receive a promotion to a higher class within that period shall he retired from the Scl vice 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 ft action of a year, payable without interest, in three equal it on the 1st day of January following the officer's retirement and on t he two anniversaries of this date immeiliately following; and [(2) A refund of the emu ributions made to the Foreign Service Retirement and Disability Fund, with interest thereon at 4 ;ter eentum, compounded ailnually, eN vela that in lieu of such refund such officer may elect to receive ret 11100' benefits on reaching the age of sixty-two, in accordance with he provisions of section 821. In the event that an officer who was separated from class 4 and Who has elected to receive ret Iron benefits dies itefore reaching the age of sixty-two, his death shall be considered a death in service within the meanhig 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 Foreirn Service Retirement and Disability Fund, with interest thereon at 4 per centuin, compounded ar mially, shall be paid in accordance with the provisions of section 841. [(b) Notwithstanding the provisions of section 3477 of the Revised Statutes (31 IT. S. C. 203) or the provisious of any 0th i r law, a Foreign u'vice officer who is retired in accordance with the provisions of this section 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 (a) (I) of this section.. Any such assignment shall be on a form approved by the Secretary of tin- Treasury and a copy thereof shall be deposited with the Secretary of the Treasury by the officer executing, the assignment.] SELECT! OE-0 UT SEC. 633. (a) The Secretary shaft prescribe regulations concerning.? (1) the maximum period during which any Foreign Serino officer below the class of career minister shall Oe permitted to remain in class ltithout 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 (hi specified period (sr who ,fails to meet the standard of performance required of officers of his class shall to retired from the Service and receive benefits in accordance with the provisions of section 634. SELECTION-OUT BENEFITS SEC. 634 (a) Any Foreign Service officer in classes I, 2, or 3 irho is retired from the Service in accordance with the provisions if section 633 shalt receive retirement benefits in accordance with the provisions of .section 821. (b) Any Foreign Service officer in. classes 4 Or 5 who is retired f rem 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 proportion.otely for a fraction of a year, but not exceeding a total, of one year's salary at his then current salary rate, payable lvtliout interest, in, three equal installments on the let day of January following i he officer's retire- ment arid on the two anniversaries of this dale immediately following; and (2) a refund of the contributions made to the Foreign Service Retirement and Disability Fund, with interest thereon at 4 per centurn, compounded annually, except that in lieu of such refund such officer may elect to receive retirement benefits on reaching the age of sixt II-11:m, in accordance with the provisions of section S21. /n the event that an officer who was separated ,from class 4 and who has elcettil to receive retirement benefits before reaching the age of sixty-two, his death shall be considered a death in service within the meaning of section. 832. /n the event that an officer who was separated from class 5 and who hos elected to receive retirement benefits dies before reaching the oge f sixty-two, the total amount of his contributions made to the Foreign Service Retirement and Disability Fund, with interest thereon at 4 per CC hart , compounded annually, shall be .0aid in accordance with the provisions of section 841. Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080111-5 FOREIGN SERVICE ACT AM LI ENMENTS OF 1955 (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 acerdance 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. * ANNUITANTS 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, [6333 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. PRIOR SERVICE CREDIT SEC. 852. (a) A participant may, subject ta 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, Air Force, or Coast Guard of the United States. (b) A person may obtain credit for prior service by making a special contribu- tion to the Fund equal to 5 per centum of his annual salary for each year of service for which credit is sought subsequent to July b, 1924, with interest thereon to date of payment compounded annually at 4 per centum, except that no special contributions shall be required for periods of active military or naval service in the Army, Navy, Marine Corps, Air Force, or Coast _Guard of the United States prior to becoming a participant. Any such participant may, under such conditions as may be determined in each instance by the Secretary, pay such special contribu- tions in installments during the continuance of his service-. 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 condition0 are to be classed as unhealthful posts, and each year of duty subsequent to January 1, 1900, at such posts inclusive of regular leaves of absence, of participants thereafter retired, shall be counted as one year and a half, and so on in like proportion in reckoning the length of service for the purpose of retirement, fractional:months being considered as full months in computing such [service.] 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. [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.] ATTACHMENT OF MONEYS 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 [(b)] (c). QUARTERS, COST OF LIVING, AND REPRESENTATION ALLOWANCES SEC. 901. In accordance with such regulations as the President may prescribe and notwithstanding the provisions of section 1705 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? - Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 18 FOREIGN SERVICE ACT AMENDMENTS OF 1955 (1) allowances wherever Government owned or rented quarters 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, whichever period shall be shorter, up to but not in excess of the aggregate 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-- (1) that the cost of living at a post abroad is proportionately so high than an allonanee 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 otherwise com- pensated for, are incurred by an officer or employee of the Service incident to the establishment of his residence at [his post of assignment] any post of assignment abroad or at a post of assignment in the continental United Stales between assignments to posts abroad; (iii) that an allowance is necessary to assist, an officer or employee of the Service who is compelled by reason of dangerous, notably unhealth- ful, or excessively adverse living conditions at his post abroad or for the convenience of the Government to meet the additional expense of maintaining his wife and minor children elsewhere than in the country of his assignment; (iv) that extraordinary and necessary expenses, not itherwise compen- sated for, must be incurred by an officer or employee of the Service, by reason of his service abroad, is providing for adequate elementary and secondary education for his dependents; allowances under this subparagraph for any post shall not exceed the cost of cbtaining such educational services as are ordinarily provided without charge by the public schools of the United States plus, in those cases where adequate sehoos are not available at the post, board and room, and periodic transportation between the post and the nearest locality where adequate schools are available; if any such officer or employee employs a less expensive method of providing such education, any allowance paid to him shall be reduced accordingly; no allowance shall be paid under this subparagraph for a dependent for whom a trot el allowance has been paid under section 911 (9); (3) allowances in order to provide for the proper representation of the United States by officers or employees of the Service. GE NERAL PROVISIONS 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 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 personal 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 personal 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 trans- porting the personal effects and automobile of an officer or employee of the Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 . CIA-RDP59-002M0002000f6)001-5 FOREIGN SERVICE ACT AMENDMENTb 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 prevalence of disturbed conditions, there is imminent danger to life and property, and the return of such persons, furni- ture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned. (8) the cost of preparing and transporting to their former homes in the continental United States or to a place not more distant, the remains of an officer or employee of the Service who is a citizen of the United States and of the members of his family who may die abroad or while in travel [status.71 status; (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 second- ary or college education, not to exceed one trip each way for each dependent for the purpose of obtaining each type of education. 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, and their dependents, including exam- inations necessary to establish disability or incapacity in accordance with the pro- visions of section 831, and for the cost of administering inoculations or vaccinations to such officers or employees, and their dependents. Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 ? Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5' 1955 CONGRESSIONAL RECORD ? HOUSE Gwinn Hale " Haley Haneck Hand Harden Hardy Martin Harris Mason Harrison, Nebr. Matthews Harrison, Va. Meader Harvey Merrow Hebert Miller, Md. Herlong Miller, Nebr. Heselton Miller, N. Y. Hess Mills Hiestand Minshall Hill Moran? Hillings Morrison Hinshaw Hoeven Hoffman, Ill. Holmes Holt Hope Horan Hosmer Ruddiest= Ikard Jackson James Jarman PeIly Jenkins Phillips Jensen Filcher Johansen Pillion Johnson, Calif. Poff Jonas Prouty Jones, N. C. Radwan Judd Rains Kean Ray Kearney Reed, Ill. Kearns Reed, N. Y. Keating Rees, Kans. Kilburn Rhodes, Ariz. Kilday Richards Kilgore Riehlman King, Pa. Riley Knox Rivers Laird Roberts ? Landrum Robeson, Va, Lanham Robsion, Ky. Lankford Rogers, Fla. Latham Rogers, Mass. LeCompte Rutherford Lipscomb St. George Long Schenck Lovre Scherer McConnell Schwengel McCulloch Scott McDonough Scrivner McGregor Scudder McMillan. Seely-Brown McVey Belden Mack, Wash. Sheehan Mailliard Short Shuford Sieminski Sikes Slier Simpson, Ill. Simpson, Pa. Smith, Kans. Smith, Va. Smith, Wis, Springer Taber Talle Mumma Taylor Murray, Tenn. Teague, Calif. Nelson Teague, Tex. Nicholson Thomas Norbiad Thompson, La. O'Brien, N. Y. Thompson, O'Hara, Minn. Mich. O'Konski Thompson, Tex. Osmers Thomson, Wyo. Ostertag Tollefson Passrnan Tuck Patterson. 'Utt Van Pelt Van Zandt Velde Vinson Vorys Vursell Wainright Walter Watts Weaver Westland Wharton Wickersham Widnall Wigglesworth Williams, Miss. Williams, N. J. Williams, N. Y. Willis Wilson, Calif. Wilson, Ind. Winstead Withrow Wolcott Wolverton Wright Young Younger NOT VOTING-21 Bell Eberharter Reece, Tenn. Bolton, Henderson Sadlak Oliver P. Hoffman, Mich. Sheppard Byrd Krueger Smith, Miss. Canfield McIntire Yates Chiperfield Moulder Zelenko Christopher Norrell Dawson, Ill. Preston So the resolution was rejected. GENERAL LEAVE TO EXTEND REMARKS Mr. DOYLE. Mr. Speaker, I ask unanimous consent that all Members of the House who desire to do so may have the privilege of extending their remarks in the RECORD just before the rollcall on House Resolution 171. The SPEAKER. Is there objection to the request of the gentleman from California? There was no objection. HOUR OF MEETING TOMORROW Mr. McCORMACK. Mr. _Speaker, I ask unanimous consent that when the House adjourns today it adjourn to meet at 11 o'clock on tomorrow. The SPEAKER. Is there objection to the request of the gentleman from Massachusetts? Mr. BAILEY. Mr. Speaker. reserving - the right to object, how long are we going to interfere with the normal duties Of standing committees? Mr. McCORMACK. Mr. Speaker, the hope is that if we dispose of the legisla- tive calendar in order for tomorrow, I shall ask unanimous consent to adjourn over until Monday. Members are busy and will have plenty of work to do on Friday. Mr. BAILEY. Mr. Speaker, I withdrew my reservation of objection, but I shall protest if the practice is continued. Mr. CELTP.R., Mr. Speaker, reserving the right to object, may I ask the ma- jority leader when he intends to take up the increased penalties bill fOr antitrust violations? Mr. McCORMACK. I intend, if pos- sible, to bring that bill up tomorrow. If not, I have an understanding with the gentleman to bring it up next week. Mr. CELLER. That is correct. The SPEAKER. Is there objection to the request of the gentleman from Mas- sachusetts? Where was no objection. / FOREIGN SERVICE ACT AMEND- The Clerk announced the followig pairs: On this vote: Mr. Zelenko for, with Mr. McIntire against. Mr. Eberharter for, with Mr. Chiperfield against. Mr. Dawson of Illinois for, with Mr. Reece of Tennessee against. Mr. Yates for, with Mr. Norrell against. Mr. Smith of Mississippi for, with Mr. Preston against. Mr. Moulder for, with Mr. Hoffman of Michigan against. Mr. Christopher for, with Mr. Sadlak against. Until further notice: Mr. Sheppard with Mr. Oliver P. Bolton, Mr. Byrd with Mr. Canfield. Mr. Bell with Mr. Krueger. Mr. RICHARDS and Mr. DEMPSEY changed their vote from "yea" to "nay." Mr. LESINSKI changed his vote from "nay" to "yea." The result of the vote was announced as above recorded. MENTS OF 1955: Mr. THIMBLE. Mr. Speaker, by di- rection of the Committee on Rules, I cuff up House Resolution 181 and ask for its immediate consideration. The Clerk read as follows: Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H. R. 4941) to amend the Foreign Service Act of 1946, as amended, and for other purposes. After general debate, which shall be confined to the bill, and shall continue not to exceed 1 hour, to be equally divided and controlled by the chairman and ranking minority mem- ber of the Committee on Foreign Affairs, the bill shall be read for amendment under the 5-minute rule. At the conclusion of the con- sideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous questit shall be considered as ordered on the bill and amendments thereto to final passage 3007$ 'without intervening motion, except one mo- tion to recommit. Mr. THIMBLE. Mr. Speaker, I yield 30 minutes of my time to the gentle- man from Ohio [Mr. BROWN], and al this time I yield myself such time as f. May consume. Mr. Speaker, this resolution makes in. order consideration of the bill (H. L. 4941) to amend the Foreign Service Ace of 1946, as amended, and for other pue - poses. The resolution was reported unanimously by the Committee on Rule,. It has primarily to do with the integra - tion of certain categories of those ut the Foreign Service with the idea in view of improving the service and there - by making it more attractive to efficient personnel My recollection is that aboue 1,250 employees are involved. I know of no opposition to this rule. Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may con - sume. Mr. Speaker, as the gentleman from Arkans House ResolutioiL 181 es in order t consideration of the ill H. R. 4941, id provides for , hour gener te, to be followed by the rea ing of the bill ander the 5-min-- ute rule in the Committee of the Whole. This bill has been unanimously reported by the Committee on Foreign Affairs. The measure made in order by the: House resolution would amend the For- eign Service Act of 1946 and proviche certain compensation and other privi leges for Foreign Service officers to meet that which is now being received by mill - tary and naval attaches and other rep-. resentatives of the Federal Governmene assigned to diplomatic missions abroad. The Rules Committee went into thi ; measure rather exhaustively, and heard considerable testimony following which. the Committee on Rules unanimously reported the rule. Mr. Speaker, I have no further re ? quests for time on this side. Mr. TRIMBLE. Mr. Speaker, I move the previous question. The previous question was ordered. The SPEAKER. The question is on the resolution. The resolution was agreed to. Mr. RICHARDS. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H R. 4941) to amend the Foreign Service Act of 1948, as amended, and for other purposes. The motion was agreed to. Accordingly the House resolved itsell into the Committee of the Whole Houst on the State of the Upton for the con sideration of the bill II. H. 4941, with Mr. FavoLE in the chair. The Clerk read the title of the bill. By unanimous consent, the first read- ing of the bill was dispensed with. Mr. RICHARDS. Mr. Chairman, 1 yield myself 15 minute;. Mr. Chairman, this bill to amend the Foreign Service Act of 1948, as amended._ has been favorably and unanimously re ported out by the Committee on Foreign Affairs. Members of that committee Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 3006 CONGRESSIONAL RECORD ? HOUSE March 23 have often brought to this House bills that carry large sums for foreigners. Today we are presenting a bill that helps some of our own citizens who serve their country abroad. Last fall the gentleman from Ohio [Mr. Voiezs] and I traveled through the Far East, south Asia, and the Near East. We did not visit every place where our Foreign Service people are stationed. Those places we visited were usually the more important centers like the capital cities. But we soon recognized that liv- ing and working even in the best of those places is a far cry from living and work- ing in this country. We found none of the fancy living that is sometimes attri- buted to our people overseas. The For- ein Service officers are a loyal and de- voted group of public servants who have chosen a career that keeps them away from the United States for most of their adult life. I wish more Members of Congress would travel around the world to some of the remote places. It gives you an insight into the problems our people face in a way that hearings and speeches can- not portray adequately. Every Ameri- can owes these men and women a debt of gratitude. About a month ago Secretary of State Dulles was in south Asia and the Far East. When he returned, he made this comment about our Foreign Service people: I want to pay tribute to the Foreign Service and other representatives of the United States in the area I visited. Oftentimes they work under most difficult physical conditions. They do so without complaint and with a great sense of dedication to the service of our country. They are our first line of de- fense against an external peril which is per- haps the greatest our Nation ever faced. They deserve the respect and thanks of the American people. I concur in that tribute. The Foreign Service Act of 1946 was passed only after lengthy consideration by the Committee on Foreign Affairs and the Congress. It took as its basis the better features of earlier laws and added a number of improvements. The princi- ples of that act are worth noting because this bill reaffirms them and, in my judg- ment, strengthens them. They are: A professional service, disciplined and mo- bile, serving without political influence, and adequately compensated. The Foreign Service is a career service that a man enters at the bottom and works his way up. When the Committee on Foreign Affairs wrote the Foreign Service Act of 1946 which the Congress adopted, that principle was stressed. But we recognized that the immediate needs of the Foreign Service could only be met by adding people at the inter- mediate and upper levels. So we put in a provision to allow qualified individuals to transfer from the State Department and the Foreign Service reserve and staff to the Foreign Service officer corps. This is called lateral entry. Since that act was passed, a number of commissions and committees have recommended that this lateral entry pro- vision be used to enlarge the Foreign Service officer corps by bringing many of the State Department officers into the Foreign Service. That was the recom- mendation of the Hoover Commission in 1949, of the Secretary of State's Advisory Committee on Personnel in 1950, of the Brookins Institution in 1951. and of the committee appointed last year by Secre- tary Dulles, referred to as the Wriston. committee. Before I get into an explanation of what is involved in this transfer procas, I want to inform the House who was on the Wriston committee. There were eight members. Four of them mine from business, industry or finance. These were John A. McComa, president, Josua Handy Corp., Los Angeles; More- head Patterson, chairman and president, American Machine & Foundry Co., New York; Charles E. Saltzman, partner, Henry Sears & Co., New York; and John Hay Whitney, partner, J. H. Whitney & Co., New York. Two members have had distinguished careers in the Forelen Service, namely, Norman Armour, an Ambassador, retired Foreign SerVice officer, and a former Assistant Secretary of State; and Robert Murphy, Deputy Under Secretary of State. The other two came from the field of. education. Donald Russell is president of the Uni- versity of South Carolina and a former Assistant Secretary of State, and Henry M. Wriston, president of Brown Uni- versity. Mr. Wriston was ehairmanl of the committee. There are only two educators in this group. I know of the fine reputation of the chaitman and I can testify from personal knowledge of the splendid ability, character, and dedi- cation to public service of Mr. Russell. This Wriston committee recommended that there be integration of State De- partment people into the Foreign Serv- ice. That word integration is a farey bureaucratic term. All it Means is the transfer of State Department desk offi- cers and other personnel?except cleri- cal and specialists?and of senior State Department people overseas into the Foreign Service officer corps. That committee estimated that there Were 1,300 in the Foreign Servire in early 1954. That number would be tripled by adding about 1,300 from the State Department and 1,300 from the Foreign Service reserve and staff. What is the reason for all these com- missions and committees recommend- ing this buildup of the Foreign Service officer corps? There are some mighty good reasons. A lot of these people in Washington are making and directing foreign policy, but they do riot have the experience of overseas service. And that experience is important if they are to make correct analyses. They simply have to get the feel of the problems they deal with. It is just as important that our people overseas come back to this country more often. A representative of this country who loses touch withale- velopments at home becomes a less effec- tive spokesman for us. Last year the Wriston committee found that 43 per- cent of our Foreign Service officers had less than 1 year in the United States. One Foreign Service officer with 29 years service had only 8 months at home. There is another good reason why this transfer ought to take place. The )ee- partment of State is different from most other Government departments. It haa two employment systems under the Sec- retary and each of them is pretty water- tight. The people in Washington are under civil service, including its retire- ment system, they serve only in Wash - ington, their pay scale is set by civet service, and they receive no allowances. On the other hand, the Foreign Service officers are appointed under the Foreign Service Act requirements, they have a more favorable retirement system, they spend most of their life abroad with only occasional tours in Washington, their pay scale is set by the Foreign Service. Act and is different from the civil sera - ice, and, finally, when they are abroad they receive allowances depending upon the post and the responsibilities of the officer. In each of these two groups there is a lot of talent that our Govern- ment needs. But the Secretary cannot get the maximum use of it because some can only serve at home and some can only serve abroad. By requiring them to serve at home and abroad it would be possible to use their specialized knowledge wherever it is needed. Let me make plain to the House that this integration will not add people io the payroll, It is essentially a transfer from the civil service system to the For- eign Service system, not of everybody in the State Department, but of about 1,300 out of about 5,000 and of another 1,300 in the Foreign Service staff and reserve who are now abroad but are net in the Foreign Service officer corps. This provision of the bill, similar in some ways to the one the last Cor.gress passed, does not create more jobs in foreign coun- tries nor does it increase American per- sonnel abroad. It simply makes avail- able a larger pool of qualified personnel for assignment abroad on a rotation basis. One of the principal features of this bill is to encourage this integration or the transfer of State Department people to the Foreign Service officer corps. it is rather technical but I think the Hou ought to know what we are doing and how we are doing it. A man in the civil service of the Department who wants to transfer is reluctant to take a salary re- duction. That's understandable. When he is transferred to the Foreign Serviee, one of the problems is to give him a salary that most nearly equals what he is receiving. Since the two salary sca.es are different, he cannot get exactly the amount he is receiving under civil serviee. Either he has to get a little more or a little less. The 1946 act allows him to receive only the minimum for the For- eign Service class to which he was ap- pointed. Thus a man who was in a civil service grade for several years and had received several "in grade" salary in- creases would have te drop back to talce the lowest salary for the Foreign Servece class he was entering. In almost every case this meant a salary reduction of several hundred dollie s and, in extreme cases, as much as $1,600. I am including in my remarks at this point a table of the different salary scales so that Meee- bers may see how they compare wall each other: Approved For Release 2002/07/23: CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 1955 CONGRESSIONAL RECORD - HOUSE 3001 Sevic r e Foreign offi cers (FS 0) Civil Service (GS grades) S Fore'gn ServF'ce staff officers ( SS) Foreign Service officers (Fso) Civil Service (GS grades) Foreign Service staff officers (FSS) Class Salary Grade Salary Grade Salary Class Salary Class Salary Class , Salary Grade Salary Grade Salary Class Salary Class Salary 6 $3, 993 11 $3, 927 4,047.$8 4 $3, 463 , 560 3 $4, 481 $8, 40 = 8, 61.i 4,193 7 $1, 205 4,167 3,763 6,760 5,721 4,393 4,330 4, 287 10 $4, 323 3,803 8, 960 5,961 4,455 4, 407 4, 443 3 9, 130 9,160 9, 201 2 9,2:11 4, 593 4,527 4, 563 9,430 9,300 9, 411 9, 40. 4,580 8 $4,620 4,647 4,683 _ 14_, 9, 600 4,793 4,705 4,745 9 4,719 9:730 971u .4,830 4,870 4,899 4,8113 -------9,800 4, 993 4, 955 4, 995 13,030 10,000 1 9, 95E1 9, 9-1i 5,093 9 5,060 5,120 5,079 5,043 .,,.. 10,200 19,250 10,5' 5, 185 5,245 5, 259 5, 223 10, 330 10, 100 10, 550 5 5,313 1,310 5,370 8 5,313 10,630 10,000 5,435 3,439 5,493 111, 930 15 10,800 30m0 5,513 9,560 10 5,500 11, 030 11,050 ---------------31,130 5,685 5,625 5,619 6, 673 2 14 130 5,713 5,750 13,150 11,300 5,810 5, 875 5, 853 [Is 500 11, 550 5, 913 11 5, 940 7 5,907 it 850 11, 800 6, 000 6,087 0,033 4 200 16_ 12, 000 6, 140 6, 125 12, 200 6,113 6,250 6,267 6,213 14500 11,400 0,313 0,300 6,447 14700 12, 600 6, 513 6, 540 6 6, 501 1 14 800 12, 800 6, 713 6, 740 6, 627 6,681 17 13, 000 4 6, 963 6, 940 6, 807 0,861 14 200 13,200 12 7, 040 5 7, 095 7, 0 11 13,400 7,263 7,240 7,275. 7,221 13,000 13,690 ----------------- 7,563 7, 440 7, 455 7,401 13,800 7, 640 7, 635 4 7, 689 14,000 7,803 7,840 7, 875 14,300 8, 040 7, 929 14,300 8, 163 8, 115 8, 169 18 , 14,800 13 8,360,, I Career minister. Last year Congress gave the Depart- ment some relief by allowing up to 500 State Department people to be appointed to the Foreign Service at other than the lowest salary for the Foreign Service class. We set a deadline of March 31, 1955, on those appointments so we could have a look at how the Department was doing. We find it is going along satis- factorily, and we support the Depart- ment's view that it be continued. This bill affects the continuation of the integration program in two ways. In section 2 it removes the requirement that every lateral entry receive only the lowest salary for the class to which he is appointed. It allows the Secretary to decide what salary within the class he will receive. In section 4 we limit the number of lateral entries to 1,250, but we do not set a deadline. I want to explain that figure 1,250. It Is on page 3, line 3, of the bill. If you look down to line 5 of that page you will note that it reads "not more than 40," and then goes on to state some special provisions about those 40. What we are doing is dividing the 1,250 into 2 groups-1,210 and 40. The 1,210 who may enter the Foreign Service laterally must be people who pass the examinations provided in this sec- tion and who have had the required number of years of employment in the Department or the Foreign Servioe, or both. More important, they must have been on the Department of State payroll on March 1, 1955. The reason for that provision is simple. If we did not have that requirement it would make it pos- sible for a lot of other Government em- ployees to enter. We want to make sure that the Department gives its full atten- tion to finishing up the transfer of its own people before it considers people from other Government departments No. 52-11 and agencies. Mr. Henderson, the Dep- uty Under Secretary for Administration of the Department of State, who will ad- minister this act, estitnated that that would be the number of lateral entrants who could be examined and appointed by early 1957. If that does not finish the job, the Department can-come back then and ask for further relief. May I say here that the man who has been brought in from the Foreign Serv- ice to carry out this integratidn program is Mr. Loy Henderson, a distinguished career Minister with many years of For- eign Service. He has just finished serv- ing as Ambassador to Indial and Iran. He is honest, able, and, I believe, un- usually selfless. I am convinced that he will never play polities with the person- nel of either the State Departfnent or the Foreign Service. Now, let me explain about these 40 others who may enter laterally. Under exising law an outsider may become a Foreign Service officer only IL' he serves 3 or 4 years as a Reserve or staff officer or in the Department. Moreover, he must be in one of those categbr1es at the time he is appointed a Foreign Service officer. The Department has nccasion to need the services of a few spedalists from outside the Department. We do not want to be so rigid that we deny our Government the right to employ un- usually qualified individuals. .In this bill, by allowing a little leeway, we let the Sec- retary add a few individuals who for the most part will be employed before their appointment in other Government agen- cies and meet all the other requiremen.:s. Originally the committee set the num- ber of such individuals at 25. But Mr. Henderson explained a problem the De- partment had. In 1951 there were about 26 State Department people who were eligible for lateral entry who had ap- plied. The Department moved slowly then, and before they could be examined they were transferred to FOA or USIA Included in this 26 are 6 USIA employee ; who have reemployment rights in th State Department. The Department feels, and the committee supports thi view, that there is a moral obligation to, these people who were caught in a reor- ganization move. So we raised the num- ber of what some may call exceptions tn 40. The Department does not know how many of the 26 are still interested or how many will pass the examinations. In any case, if they do quali fy, they will b Counted against the 40. The Wriston commiqee also recom- mended that the Foreign Service be im- proved and strengthened .so that it ea recruit and, equally important, retai_i qualified individuals. The other section ; of this bill aim to do ji,st that. I shoul say at this point that many of the spe cific recommendations made by the Wriston committee do not require add. - tional authorization. They can be car- ried out administratively by the Depart mertt of State. Some of them may re. quire more money, but that is a matter c appropriations, and hot authorizatiop. As I stated earlier in my remark section 2 will allow the Secretary to appoint an individual who has tran, ferred from the Depai ;11-cent at his 4-- proximate salary. This will mean salai adjustments to fit inr with the Foreign Service salary scale. We also include a. provision, section 3, for payment of harc_- ship post differentials to Foreign Ser, - ice officers and Reserve officers. 'Under existing law this payment is limited on 7 to Foreign Staff officers. Thus, tL3 Foreign Service officers and Reserve oil,- cers are the only civilian employees ser. - ing overseas who receive no extra con- - Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 Approved For Release 2002/07/23 : CIA-RDP59-00224A000200080001-5 3008 CONGRESSIONAL RECORD -- HOUSE March 2,; pensation when they serve at a hardship post. This bill authorizes the payment of a home service transfer allowance when an officer is assigned to a tour of duty in the United States between tours of duty abroad. Such an allowance is al- ready provided when the officer is trans- ferred abroad. In a career service like the Foreign Service a tour of duty in Washington is just another transfer. It costs the officer as much, possibly more, to set up a temporary home here as it does abroad. Abroad he would receive various allowances to help him out; in Washington he does not. Once the in- tegration program is completed the De- partment expects that an officer would serve about 4 years out of each 10 in Washington or one tour of duty. Thus, this allowance would be payable to an officer about once every 10 years. The Department submitted draft lan- guage for an education allowance. We thought it was too loose and might lead to abuse in its administration. So our committee rewrote that provision and tightened it up. We started with three premises: First, the Government does not assume the responsibility for provid- ing adequate education for Foreign Serv- ice children while overseas; second, a Foreign Service officer ought not to suffer financial hardship in providing for the education of his children while he is serving abroad; and, third, the parent should be free to determine the kind of education he wants to give his children. We started with the standard of what educational services he would get free of charge if he sent his child to a public school in the United States. By serving abroad where he has to pay for these usual services he does incur an extra- ordinary and necessary expense. The yardstick set by this bill against which an officer may be reimbursed is what services are ordinarily provided without charge in our public schools. If he must pay for these when abroad he may be reimbursed. For example, public schools do not charge tuition fees for the usual courses. If the officer has to pay such fees, he can be reimbursed up to the amount set for that post. In our committee report, we spell out the three types of allowance that may be set up for each post for primary and secondary education. No child could qualify for more than one such allow- ance. (1) One allowance may be established for educating children at the nearest adequate school. This allowance may not exceed tuition and any other charges which must be paid to obtain services provided free by public schools in the United States plus board and room and periodic transporta- tion between the past and the place where the school is located. (2) A second allowance may be estab- lished for personnel who chose to send their children to a local school even though such local school is inadequate, provided the charges for this local school are less than the allowance for the nearest adequate school. (3) A third allowance may be established for the post of personnel who wish to educate their children by the use of correspondence courses if the necessary costs involved in the use of this type of instruction are less than the allowance for the nearest adequate school. Section 11 covers educational travel allowances. We want to encourage chil- dren of Foreign Service people to have some opportunity for an American edu- cation. But we can not support a bill that would have the Government pay all the costs. This section provides that Ahe Government will pay one round trip be- tween the post where the parents are sta- tioned and the United States for the pur- pose of attending high school and col- lege. But no officer who receives a travel allowance can receive an educational al- lowance. If he sends his child to high school in the United States, he may col- lect the post allowance for secondary education, but he will have to pay his own travel expenses. This bill makes no yo- vision for, an educational allowance for college. All the officer can receive is the cost of one round trip for his dependent who is going to college. Finally, in section 12 we aArthorize the department to give dependents medical examinations and inoculations and vac- cinations. Although the department estimates that this will cost $28,000 a year, I prefer to regard it as a provision that will save the Government money in the long run. A medical examinatior of dependents will often reveal symptoms that will not only permit the individual to be treated immediately but also de- termine whether an officer can be sent to a particular post. Let me give just one illustration. After a Foreign Serv- ice officer and his family arrived at: a Far East post, it was discovered that his wife had tuberculosis. It was necessary to bring the family home. The estimated cost to the Government was. $5,000. A person entering the Foreign Service is required to join the Foreign Service retirement and disability System. He may only obtain credit toward retire- ment for prior military service if he con- tributes 5 percent of his annual salary for each year of service for which credit is sought. People in civil7 service are given credit for such service without cost. Section 8 simply extends the bene- fits of civil service retirement to the Foreign Service officers. One question the House is interested in is how much is all this going to cost. Based on the best estimates we could get the total annual cost would be less than $1.3 million. By sections the costs are estimated as follows: Salary adjustment for lateral entrants (sec. 2) 475, 000 Hardship post differential (sec. 3).... 480, 000 Home service transfer (sec. loa) 200, 000 Education allowance (sec. 10*)__ 442.000 Medical examinations (sec. 12);;___ 28, 000 Military retirement credit (see.,8)_ Total 1, 67, 292, 000 000 The refund provided for those who bought their military retirelnent credit after April 1, 1948, would be about $110,- 000. But that is a one-shot payment and not an annual charge. Finally, there are provisions in this bill that will permit the Secretary to make administrative improvements in his department in the interest of more efficient operations. I want to tou