89TH CONGRESS 1ST SESSIION COMMITTEE PRINT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000600100051-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 20, 2016
• Document Release Date: May 30, 2006
• Sequence Number: 51
• Publication Date: May 18, 1965
• Content Type: FORM

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89th Congress
1st Session
RAMSEYER RULE PRINT
OF
FOREIGN SERVICE ACT AMENDMENTS OF 1965
(H.R. 6277)
(Including Changes Suggested by Executive Branch Shown
in Subcommittee Print of April 8, 1965)
U.S. GOVERNMENT PRINTING OFFICE
47-821 WASHINGTON : 1966
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MEMORANDUM
MAY 18, 1965.
To: Hon. Wayne L. Hays, chairman, Subcommittee on State Depart-
ment Organization and Foreign Operations.
From: Albert C. F. Westphal, staff consultant.
For your convenience, the Office of the Legislative Counsel has pre-
pared this Ramseyer rule print pertinent to the proposed aniend-
ments to the Foreign Service Act of 1946, as amended, including
changes suggested by the Executive Branch shown in the Subcom-
mittee Print of April 8, 1965.
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RAMSEYER RULE PRINT OF FOREIGN SERVICE
ACT AMENDMENTS OF 1965
CHANGES IN EXISTING LAW MADE BY THE SUBCOMMITTEE PRINT OF
APRIL 8, 1965
Changes in existing law made by the Subcommittee Print of April 8,
1965, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italic, existing
law in which no change is proposed is shown in roman) :
FOREIGN SERVICE ACT OF 1946, AS AMENDED
AN ACT To improve, strengthen, and expand the Foreign Service of the United
States and to consolidate and revise the laws relating to its administration
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I-SHORT TITLE, OBJECTIVES, AND
DEFINITIONS
PART A-SHORT TITLE
SEC. 101. Titles I to X, inclusive, of this Act may be cited as the
"Foreign Service Act of 1946."
PART B-OBJECTIVES
SEC. 111. The Congress hereby declares that the objectives of this
Act are to develop and strengthen the Foreign Service of the United
States so as-
(1) to enable the Foreign Service effectively to serve at home
and abroad the interests of the United States;
(2) to insure that the officers and employees of the Foreign
Service are broadly representative of the American people and
are aware of and fully informed in respect to current trends in
American life;
(3) to enable the Foreign Service adequately to fulfill the func-
tions devolving on it by reason of the transfer to the Department
of State of functions heretofore performed by other Government
agencies;
(4) to provide improvements in the recruitment and training
of the personnel of the Foreign Service;
(5) to provide that promotions leading to positions of au-
thority and responsibility shall be on the basis of merit and to
insure the selection on an impartial basis of outstanding persons
for such positions;
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SERVICE ACT AMENDMENTS OF 1966
(6) to provide for the temporary appointment or assignment
to the Foreign Service of representative and outstanding citizens
of the United States possessing special skills and abilities;
(7) to provide salaries, alloevaiices, and benefits that will permit
the foreign Service to draw its personnel from all walks of Ameri-
can life and to appoint persons to the highest positions in the
Service solely on the basis of their demonstrated ability ;
(8) to provide a flexible and comprehensive franiework for the
direction of the Foreign Service in accordance with modern prac-
tices in public administration; and
(9) to codify into one Act all provisions of law relating to the
administration of the Foreign Service.
PART C-DEFINITIONS
SEc. 121. When used in this Act, the term-
(1) "Service" means the Foreign Service of the United States;
(2) "Secretary" means the Secretary of State; '
(3) 'Department"" means the Department of State;
(4) Government agency" means any executive department, board,
bureau, commission, or other agency in the executive branch of the
Federal Government, or any corporation wholly owned (either directly
or throuali one or more corporations) by the United States;
(5) "Government." means the Government of the United States of
America;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" nieans all areas not included in the continental United
States as defined in paragraph (6) of this section;
(8) "Principal oflirer" means the officer in charge of an embassy,
legation. or other diplomatic mission or of a consulate general, con-
sulate, or vice consulate of the United States; and
(9) "Chief of mission" means it principal officer appointed by the
President, by and wi-tli the advice and consent of the Senate, to be in
charge of an embassy or legation or other diplomatic mission of the
United States, or an} person assigned under the terms of this Act to be
minister resident, char-6 d'affaires, commissioner, or diplomatic agent.
TITLE IV-?-CA`rEGORIES AND SALARIES OF PERSONNEL
PART A-CATEGORicS OF PERSONNEL
SEc. 401. The personnel of the Service shall consist of the following
categories of officers and employees:
(1) Chiefs of mission, who shall be appointed or assigned in accord-
ance with the provisions of section 501;
(2) Foreign Service officers, who shall be appointed in accordance
with section 511, including those serving as chiefs of mission;
[(3) Foreign Service Reserve officers, who shall be assigned to the
Service on a temporary basis from Government agencies or appointed
on a teinporary basis from outside the Government in accordance with
the provisions of section 522, in order to make available to the Service
such specialized skills as may front time to time be required;]
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(3) Foreign Affairs o ficers,, who shall be appointed under section
522(a); Foreign Service Reserve officers, who shall be appointed or assigned
,eCnder section 522(b);
(4) Foreign Service staff officers and employees, who shall be ap-
pointed in accordance with the provisions of section 531 and who shall
include all personnel who are citizens of the United States, not com-
prehended under paragraphs (1), (2), (3), and (6) of this section,
and who shall occupy positions with technical, administrative, fiscal,
clerical, or custodial responsibilities;
(5) Alien clerks and employees, who shall be appointed in accord-
ance with the provisions of section 541; and
(6) Consular agents, who shall be appointed in accordance with
the provisions of section 551.
PART B-SALARIES
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 415. (a) There shall be ten classes of Foreign Service staff
officers and employees, referred to hereafter as staff officers and
employees. The per annum salaries of such staff officers and
employees within each class shall be as follows:
Class 1_____________
$14,860
$15,375
$15,890
$16,405
$16,920
$17,435
$17,950
$18,465
$18,980
$19,495
Class 2_____________
12, 075
12, 495
12,915
13, 335
13,755
14, 175
14, 595
15, 015
15, 435
15,855
Class 3_____________
9,945
10,290
10,635
10,980
11,325
11,070
12,015
12,360
12,705
13,050
Class 4_____________
8,295
8, 580
8, 865
9,150
9, 435
9, 720
10,005
10, 290
10, 575
10,860
Class 5_____________
7,480
7,735
7, 990
8,245
8, 500
8, 755
9, 010
9, 265
9, 520
9,775
Class 6_____________
6,755
6,980
7,205
7,430
7,655
7,880
8,105
8,330
8,555
8,780
Class 7_____________
6,205
6, 410
6, 615
6, 820
7, 025
7, 230
7, 435
7, 640
7, 845
8,050
Class 8_____________
5,490
5, 675
5, 860
6,045
6, 230
6, 415
6, 600
6, 785
6, 970
7,155
Class 9_____________
5,010
5,175
5,340
5, 505
5, 670
5, 835
6, 000
6, 165
6,330
6,495
Class 10____________
4,480
4,630
4,780
4,030
5,080
5,230
5,380
5,530
5,680
5,830
(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, the Secretary may, under such regulations as he may prescribe,
classify positions at levels below class 10, and establish salary rates
therefor at lower rates than those prescribed by this section, [for
American employees recruited abroad who are not available or are
not qualified for transfer to another post and who perform duties of
a more routine nature than are generally performed at the class 10
evel] and he may, as appropriate, establish rates for wage board positions.
* * * * * *
AS CHARGfBS D'AFFAIRES AD INTERIM
SEC. 421. For such time as [any Foreign Service officer] any officer
of the Service shall be authorized to act as charge d'affaires ad interim
at the post to which he is assigned, he shall receive, in addition to his
basic salary [as Foreign Service officer] as an officer of the Service,
compensation equal to that portion of the difference between such
salary and the basic salary provided for the chief of mission as the
Secretary may determine to be appropriate.
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FOREIGN SERVICE ACT AMENDMENTS OF 1965
CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE AND IN THE
DEPARTMENT
SEC. 441. [[(a)] Under such regulations as he may prescribe, and in
order to facilitate effective management, the Secretary shall classify
all positions in the Service [at posts abroad], excluding positions to be
occupied by chiefs of mission, and in the case of those occupied by For-
eign Service officers, Reserve officers, and staff officers and employees,
he shall establish such positions in relation to the classes established
by sections 412, 414, and 415, respectively. Positions occupied by
alien employees and consular agents, respectively, shall be allocated to
such classes as the Secretary may establish by regulation.
[(b) Under such regulations as he may prescribe, the Secretary may,
notwithstanding the provisions of the Classification Act of 1949, as
amended (5 U.S.C. 1071 and the following), classify p,ositions in or
under the Department which he designates as Foreign Service Officer
positions to be occupied by officers and employees of the Service, and
establish such positions in relation to the classes established by sections
412, 414, and 415.]
SEC. 442. (Repealed by P.L. 86-723 (74 Shat, 847).)
SEC. 443. The Secretary may establish rates of salary differential,
not exceeding 15 per centum of basic salary, for officers or employees of
the Service while they are performing duties abroad requiring frequent
travel into hardship areas.
SEC. 444. (a) The Secretary shall, in accordance with such regula-
tions as he may prescribe, establish compensation plans for alien em-
Eloyees of the Service: Provided, That such compensation plans shall
be based upon prevailing wage rates and compensation practices for
corresponding types of positions in the locality, to the extent con-
sistent with the public interest.
(b) For the purpose of performing functions abroad, other Gov-
ernment agencies are authorized to administer alien employee pro-
grams in accordance with the applicable provisions of this Act.
SEC. 445. Upon the basis of the classification provided for in sec-
tion 441, the Secretary shall, with the advice of the Board of the
Foreign Service, from time to time prepare schedules of salaries for
classes of positions of consular agents, which classes shall be estab-
lished by regulation, and shall allocate all such positions to the
appropriate classes.
EXEMPTION FROM THE APPLICATION OF THE CLASSIFICATION ACT
SEc. 446. Title II of the Act of November 26, 1940, entitled "An
Act extending the classified executive Civil Service of the United
States" (54 Stat. 1212; 5 U.S.C. 681), is hereby further amended by
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FOREIGN SERVICE ACT AMENDMENTS OF 1965 5
deleting paragraph (vii) of section 3(d) and by substituting in lieu of
the present language of paragraph (vi) of section 3(d) the following
language: "Offices or positions of officers and employees of the
Foreign Service."
TITLE V-APPOINTMENTS AND ASSIGNMENTS
PART A-PRINCIPAL DIPLOMATIC REPRESENTATIVES
PART B-FOREIGN SERVICE OFFICERS
SEC. 516. (a) No person shall be eligible for appointment as a
Foreign Service officer of class 8 unless he has passed such written,
oral, physical, and other examinations as the Board of Examiners for
the Foreign Service may prescribe to determine his fitness and aptitude
for the work of the Service and has demonstrated his loyalty to the
Government of the United States and his attachment to the principles
of the Constitution. The Secretary shall furnish the President with
the names of those persons who have passed such examinations and are
eligible for appointment as Foreign Service officers of class 8.
(b) The Secretary may furnish the President with the names of
those persons who have passed such examinations and are eligible
for appointment as Foreign Service officers of class 8, whom he rec-
ommends for appointment directly to class 7 or 6 when in his opinion,
their age, experience, or other qualifications make such an appoint-
ment appropriate.
ADMISSION TO CLASSES :1 TO 7, INCLUSIVE
SEC. 517. A person who has not been. appointed as a Foreign Service
officer in accordance with section 516 of this Act shall not be eligible for
appointment as a Foreign Service officer of classes 1 to 7, inclusive,
unless he has passed comprehensive mental and physical examinations
prescribed by the Board of Examiners for the Foreign Service to de-
termine his fitness and. aptitude for the work of the Service; demon-
strated his loyalty to the Government of the United States and his at-
tachment to the principles of the Constitution; and rendered at least
[four] three years of actual service prior to appointment in a position
of responsibility in the service of a Government agency, or agencies,
except that, if he has [reached the age of thirty-one years, the re-
quirement as to service may be reduced to three years] so served one
year, he shall be eligible for appointment to class 6 or 7. The Secretary
shall furnish the President with names of those persons who shall
have passed such examinations and are eligible for appointment as
Foreign Service officers of classes 1 to 7, inclusive. The Secretary
shall, taking into consideration the age, qualifications, and experience
of each candidate for appointment, recommend the class to which
he shall be appointed in accordance with the provisions of this section.
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PART C--FOREIGN SERVICE RESERVE OFFICERS
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 Iiiay-
[(1) appoint as a Reserve officer for nonconsecutive periods of
not more than five years each, a person not in the employ of the
Government whore the Board of the Foreign Service shall deem
to have outstanding qualifications;
[(2) assign as a Reserve officer for nonconsecutive periods of
not more than five years each a person regularly employed in any
Government agency-, subject, in the case of an employee of a Gov-
ernment agency other thin the Department of State, to the con-
sent of the head of the agency concerned; and
[(3) extend the appointment or assignment of any Reserve
officer, or continue the services of any such Reserve officer by re-
appointment without regard to the provisions of section 527 of
this Act, for not more than five additional years if the Secretary
deems it to be in the public interest to continue such officer in the
Service, except that the assignment of any Reserve officer under
paragraph (2) above may not be extended under the provisions
of this paragraph without the consent of the head of the agency
concerned.]
SEC. 522. (a) Under such regulations asithe President may prescribe,
persons who are citizens of the United States may, on the basis of merit
and fitness, be appointed as foreign AJJairs officers without time limita
tion-
(1) to classes 1, 2 and 3 by the President, by and with the advice-
and consent of the Senate, or
(2) to classes 4, 5, 6, 7 and 8-bylthelPresident alone or by the
Secretary when directed by the President,
The Secretary may establish appropriate probationary periods for such
officers. Except as otherwise determined by the President, all provisions
of this or any other law applicable to Foreign Service Reserve officers are
hereby extended to and shall be applicable: to Foreign _?lfairs officers,
(b) Persons who are citizens of the United States may, on the basis of
merit and fitness, be appointed by the Secretary as Reserve officers for
temporary or limited service, or for such other periods of service as he may
deem. necessary. The Secretary may, with the consent of the head of
the Government agency concerned, assign as a Reserve ofcer for such
periods as he may deem necessary a person regularly employed in any
Government agency.
[SEc. 523. A Reserve officer, appointed or assigned to active duty,
shall be appointed or assigned to a class and not to a particular post,
and such an officer may be assigned to posts and may be transferred
from one post to another by orTer of the Secretary as the interests of
the Service may require. The class to which he shall be appointed or
assigned shall depend on his age, qualifications, and experience.]
SEC. 523. The class to which an officer is appointed or assigned under
section 522 shall depend an his age, qualifications, and experience. Any
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FOREIGN SERVICE ACT AMENDMENTS OF 1965
such officer appointed or assigned for worldwide service may be transferred
from one post to another as the interest of the Service may require.
[REAPPOINTMENT OR REASSIGNMENT OF RESERVE OFFICERS
[SEC. 527. A person who has served as a Reserve officer may not be
reappointed or reassigned to active duty until the expiration of a
period of time equal to his preceding tour of duty or until the expira-
tion of a year, whichever is the shorter.]
* * * * * * *
PART II-ASSIGNMENT OF FOREIGN SERVICE PERSONNEL
ASSIGNMENTS TO ANY GOVERNMENT AGENCY OR INTERNATIONAL
ORGANIZATION
SEC. 571. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed for duty in any
Government agency, or in any international organization, interna-
tional commission, or international body[, such an assignment or com-
bination of assignments to be for a period of not more than four years,
except that under special circumstances the Secretary may extend this
four-year period for not more than four additional years: Provided,
That in individual cases when personally approved by the Secretary
further extension may be made].
(b) If a Foreign Service officer shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate, or by the
President alone, to a position in any Government agency, any United
States delegation or mission to any international organization, in any
international commission, or in any international body, or if such
officer is assigned to a position the salary of which is established under
the Federal Executive Salary Schedule, the period of his service in
such capacity shall be construed as constituting an assignment within
the meaning of paragraph (a) of this section and such person shall
not, by virtue of the acceptance of such an assignment, lose his status
as a Foreign Service officer. [Service in such a position shall not,
however, be subject to the limitations concerning the duration of an
assignment contained in that paragrah.]
(c) If the basic minimum salary 0f- 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 employer is entitled to
receive as an officer or employee of the Service, such officer or employee
shall , during the period such difference in salary exists, receive the
salary and allowances of the position in which he is serving in lieu
of his salary and allowances as an officer or employee of the Service.
Any salary paid under the provisions of this section shall be the
salary on the basis of which computations and payments shall be
made in accordance with the provisions of title VIII. No officer or
employee of the Service who, subsequent to the date of enactment of
the Foreign Service Act Amendments of 1960, is assigned to, or who,
after dune 30, 1961, occupies a position in the Department that is
designated as a Foreign Service Officer position, shall be entitled to
receive a salary differential under the provisions of this paragraph.
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8 FOREIGN SERVICE ACT AMENDMENTS OF 1985
(d) The salary of an officer or employee assigned pursuant to the
terms of this section shall be paid from appropriations made available
for the payment of salaries of officers and employees of the Service.
Such appropriations may be reimbursed, however, when the Secretary
enters into reimbursement agreements for all or any part of the salaries
of officers or employees assigned to such agencies and payment is re-
ceived 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.
ASSIGNMENT FOR CONSULTATION OR INSTRUCTION
[SEC. 573. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either tit. the commence-
ment, during the course of, or at the close of the period of his official
service; and any such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within
the meaning of section 571.
[(b) Any officer or employee of the Service may be assigned or
detailed for special instruction or training at or with public or private
nonprofit institutions; trade, labor, agricultural, or scientific associa-
tions; or commercial firms.]
SEc. 573. The Secretary may a. 4jn or detail, for instruction, tiaiinilly,
or orientation, any o fftcer or employ((, of the Service to or in (,(,operation
with educational or nonprofit -u ditutnrns, or with trade, tabor, commercial,
or other organizations. tteinibarxenient,, or a(Ivai(ces of .funds may be
made to applicable appropriations when received [two any xueh institu-
tion or organization for all or any part of the .ralart and ezpeiises of any
officer or employee and hi. dependents (."ring such assignment or detail.
he Secretary may a,ithorize such officer or employee to accept quarters,
travel, and other ezp( uses, incident to su.eli instruction, training, or orien-
tation, frarn the institution or orya-nization.
TITLE VI-PERSON NEE. ADMI iv ISTItATIO N
* * * * *
PART D-.SEPARATION OF OFFICERS AND EMl'LOi-m?s FROM THE
SERVICE
[SEC. 633. (a) The Secretary shall prescribe regulations concerning-
[(I) the maximum period during which any Foreign Service
officer below the class of career minister shall be permitted to re-
main in class without promotion; and
E(2) the standard of performance which any such officer must
maintain to remain in the Service.
[(b) Any Foreign Service officer below the class of career minister
who does not receive a promotion to a higher class within the specified
period or who fails to meet the standard of performance required of
officers of his class shall be retired from the Service and receive bene-
fits in accordance with the provisions of section (134.]
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FOREIGN SERVICE ACT AMENDMENTS OF 1965 yy
SEC. 633. The Secretary may by regulation prescribe (1) the manner
in which the standard of performance required of Officers or employees
of the Service is determined, and (2) the maximum period during which
officers or employees are permitted to remain in each class without promo-
tion. Any officer or employee who fails to meet the required standard
of performance or who is not promoted within the prescribed period may,
without regard to section 637, be separated and receive benefits under
section 634.
SEc. 634. (a) [Any Foreign Service officer in classes 1, 2, or 3 who is
retired from the Service in accordance with the provisions of section
633 shall receive retirement benefits in accordance with the provisions
of section 821.] Any Foreign Service officer or Foreign Affairs officer
in class 1, 2, or 8, or any staff officer in class 1, who is a participant in
the Foreign Service Retirement and Disability System and who is separated
tinder section 633 shall receive benefits under section 821.
(b) Any Foreign Service officer or Foreign Affairs officer in
Cla=;ses 4, 5, 6, or 7, or any staff o f}icer in class 2, 3, f}, 5, or 6, who is a
participant in the System and who is retired from Service in accordance
with the provisions of section 633 shall receive---
(1) one-twelfth of a year's salary at his then current salary
rate for each year of service and proportionately for a fraction of a
year, but not exceeding a total of one year's salary at his then
current salary rate, payable without interest, [from the Foreign
Service Retirement and Disability Fund,] in three equal install-
ments on the 1st day of January following the officer's retirement
and on the two anniversaries of this date immediately following:
Provided, That in special cases, the Secretary may in his dis-
cretion accelerate or combine the installments; and
(2) a refund of the contributions made to the Foreign Service
Retirement and Disability Fund, with interest as provided in
section 841(a), except that in lieu of such refund such officer, if
he has at least five years of service credit toward retirement under
the Foreign Service Retirement and Disability System, exclud-
ing military or naval service that is credited in accordance with
the provisions of section 851 or 852(a), may elect to receive re-
tirement benefits on reaching the age of sixty in accordance with
the provisions of section 821. [In the event that an officer who
was separated from class 4 or 5 and who has elected to receive
retirement benefits dies before reaching the age of sixty, his death
shall be considered a death in service within the meaning of
section 832. In the event that an officer who was separated from
class 6 or 7 anal. who has elected to receive retirement benefits
dies before reaching the age of sixty, the total amount of his
contributions made to the Foreign Service Retirement and
Disability Fund, with interest as provided in section 841(a),
shall be paid in accordance with the provisions of section 841(b).]
If such officer dies before reaching age sixty, his death shall be
considered a death in service within the meaning of section 832.
[(c) Notwithstanding the provisions of section 3477 of the Revised
Statutes as amended (37. 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
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U0 FOREIGN SERVICE ACT AMENDMENTS OF 1085
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.]
(c) Any officer or employee who is not a participant in the System and
who is separated under section 633 may be granted benefits under section
634 (b) (1).
FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 7 OR 8
SEC. 635. Any Foreign Service officer in [class 7 who is appointed]
class 6 or 7 who is appointed to such class under the provisions of
section 516(b) and any Foreign Service officer in class 8 shall occupy
probationary status. The Secretary may terminate his service at
any time.
PART G-PRO'MOTION AND SEPARATION OF ALIEN CLERKS AND
EMPLOYEES
SEC. 661. Alien clerks and employee:: shall receive promotions
from one class to a higher class and in-class promotions in accordance
with regulations prescribed by the Secretary.
SEC. 662. The Secretary may, under such regulations as he may
prescribe, separate from the Service any alien clerk or employee on
account of the unsatisfactory performance of his duties.
SEC. 663. The Secretat - shall separate. from the Service any alien
clerk or employee who shall be found guilty of misconduct or mal-
feasance.
SEC. 664. The Secretary may, tinder such terms and conditions as he
deems appropriate, compensate any alien employee who is or has been
imprisoned by a foreign government as a result of his employment by
the United States, and may utilize for such purpose any authority of
the Missing Persons Act, as amended (50 App. U.S.C. 1001 et se q.).
Any such imprisonment may be considered for purposes of all other
rmployee benefits to be a period of employment by the United States.
* * * * * * *
TITLE VIII-TILE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM
SEC. 803. (a) The following persons, hereafter referred to as par-
ticipants shall be entitled to the benefits o the S stem:
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FOREIGN SERVICE ACT AM
(2) All other persons making contributions to the Fund on the
effective date of this Act;
(3) Any chief of mission who is not otherwise entitled to be a par-
ticipant and who fulfills the conditions of paragraph (b) of this
section;
(b) A person to become a participant in accordance with the pro-
visions of paragraphs (a) (3) of this section must-
(1) have served as chief of mission for an aggregate period of
twenty years or more, exclusive of extra service credit in accord-
ance with the provisions of section 853; and
(2) have paid into the Fund a special contribution for each
year of such service in accordance with the provisions of section
852(b).
(c) (1) In accordance with such regulations as the President m4y
prescribe, any Foreign Service staff officer or employee appointed by
the Secretary of State who has completed at least ten years of contin-
uous service in the Department's Foreign Service, exclusive of military
service, shall become a participant in the System and shall make a spe-
cial contribution to the Fund in accordance with the provisions of
section 852.
(2) Any such officer or employee who, under the provisions of par-
agraph (c) (1) of this section, becomes a participant in the System,
shall be mandatorily retired for age during the first year after the
effective date of this paragraph if he attains age sixty-four or if he is
over age sixty-four; during the second year at age sixty-three; during
the third year at age sixty-two; during the fourth year at age sixty-
one, and thereafter at age sixty.
(3) Any officer or employee who becomes a participant in the Sys-
tem under the provisions of paragraph (c) (1) of this section who is
age 57 or over on the effective date of this paragraph, may retire vol-
untarily at any time before mandatory retirement under paragraph
(c) (2) of this section and receive retirement benefits under section 821.
(d) Any participant who is appointed as a Foreign Afairs officer or
as a stag officer or employee without a break in service in excess of three
calendar days shall remain a participant. .
TITLE IX-ALLOWANCES AND BENEFITS
PART A-ALLOWANCES AND SPECIAL ALLOTMENTS
* * * * * *
PART B-TRAVEL AND RELATED EXPENSES
GENERAL PROVISIONS
SEC. 911. The Secretary may, under such regulations as he shall
prescribe, pay-
(1) the travel expenses of officers and employees of the Serv-
ice, including expenses incurred while traveling pursuant to or-
ders issued by the Secretary in accordance with the provisions of
section 933 with regard to the granting of home leave;
(2) the travel expenses of the members of the family of an
officer or employee of the Service when proceeding to or returning
from his post. of duty; accompanying him on authorized home
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 Aplpoved Fol>l )R_qsg,2t~4c710~Lq2 ,Ll-~7B004 $68000600100051-9
thorized travel within the country of his assignment or, at the dis-
cretion of the Secretary, outside the country of his assignment., but
in no case to exceed one member of his family ; or otherwise
traveling in accordance with authority granted pursuant to the
terms of this or any other Pict:
(3) the cost of transporting the furniture and household and
personal effects of an officer or employee of the Service to his suc-
cessive posts of duty and, on the termination of his services, to
the place where he will reside;
(4) the cost of packing and unpacking, transporting to and
front it place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Service when
he is ,absent from his post of assignment under orders, or when he
is assigned to a post to which lie cannot take or at which he is un-
able to use such furniture and household and personal effects, or
when it. is in the public interest or more economical to authorize
storage; but in no instance shall the weight or volume of the ef-
fects stored together with the weight or volume of the effects
transported exceed the maximum limitations fixed by regulations,
when not otherwise fixed by law;
(5) the cost of pricking and unpacking, transporting to and
from it place of storage, and storm.,- [Ito furniture and house-
hold and personal effects of an officer or employee of the Service
in connection with as~,igni+:cunt or transfer to a new post, from the
date of his departure front his last post or from the date of his
departure front his place of residence in the case of a new officer
or employee and for not to exceed three month after arrival at
the new post, or until the establishment of residence quarters,
whichever shall be shorter; and, in connection with separation of
an officer or employee of the Service, the cost of packing and un-
packing, transporting to and front a phice of storage, and storing
for a period not to exceed three month, his furniture and house-
hold and personal effects; but, in no instance shall the weight or
volume of the effects stored together with the weight or volume of
the effects transported exceed the maximum limitations fixed by
regulations, when not otherwise fixed by law;
(6) the travel expenses of the members of the family and the
cost of transporting the personal effects and automobile of an
officer or employee of the Service, whenever the travel of such
officer or employee is occasioned by changes in the seat of the
government whose capital is hi 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, furniture,
and effects to such post upon the cessation of such conditions;
or to such other post as may in the meantime have become the
post to which such officer or employee has been assigned;
(5) the cost of preparing and transporting to their former
homes in the continental United -States or to it place not more
distant, the remains of all officer or employee of the Service who is
it citizen of the United States and of the members of his family
who may die abroad or while in travel status;
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FOREIGN SERVC p0~/01192A 7E;q044@NZ000600190051-9
(9) the travel expenses of officers and employees of the Service
who are citizens of the United States, and members of their
families, while serving at posts specificially designated by the
Secretary for purposes of this paragraph, for rest and recupera-
tion to other locations abroad having different environmental
conditions than those at the post at which such officers and em-
ployees are serving, provided that such travel expenses shall be
limited to the cost for each officer or employee and members of
his family of one round trip during any continuous two-year tour
unbroken by home leave and two round trips during any continu-
ous three-year tour unbroken by home leave;
(10) the travel expenses of members of the family accom-
t anying, preceding, or following an officer or employee if, while
e is on route to his post of assignment, he is ordered temporari
for orientation and training or is given other temporary duty[;
(11) travel and related expenses, without regard to the provisions of
this or any other law, whenever he determines that extraordinary
conditions, or circumstances involving personal hardship, warrant
the payment of such expenses incident to appointment, service, or
separation of officers or employees of the Service, including any such
expenses of the members of their families.
PART C-COMMISSARY SERVICE
SEC. 921. (a) The Secretary may, under such regulations as he
may prescribe, establish and maintain emergency commissary or mess
services, in such places abroad where, in his judgment, such services
are necessary temporarily to insure the effective and efficient perform-
ance of the duties and responsibilities of the Service, such services to
be available to the officers and employees of all Government agencies
located in any such places abroad. Reimbursements incident to the
maintenance and operation of commissary or mess service shall be at
not less than cost as determined by the Secretary and shall be used as
working funds: Provided, That an amount equal to the amount ex-
F ended for such services shall be covered into the Treasury as miscel-
aneous receipts.
(b) The Secretary, under such regulations as he may prescribe,
may authorize and assist in the establishment, maintenance, and
operation, by officers and employees of the Service, of non-Govern-
ment-operated commissary and mess services and recreation facilities
at posts abroad, including the furnishing of space, utilities, and prop-
erties owned or leased by the United States for use by its diplomatic
and consular missions. The provisions of the Foreign Service Build-
ings Act, 1926, as amended (22 U.S.C. 292-300), may be utilized by the
Secretary in providing such assistance. Commissary or mess services
and recreation facilities established pursuant to this subsection shall
be made available, insofar as practicable, to officers and employees of
other Government agencies and their dependents who are stationed
abroad. Such services or facilities shalt not be established in localities
where another United States agency operates similar services or facil-
ities unless the Secretary determines that such additional services or
facilities are necessary.
(c) Notwithstanding the last paragraph under the heading "Sub-
sistence Department" in the Act of March 3, 1911 (10 U.S.C. 1253),
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or the provisions of any other law, charges at any post abroad by a
commissary or mess service or recreation facility authorized or
assisted under this section shall be at the same rate for all civilian per-
sonnel of the Government serviced thereby, and all charges for sup-
plies furnished to such a service or facility abroad by any Government
agency shall be at the same rate as that charged by the furnishing
agency to its civilian commissary or mess services or recreation
facilities.
(d) Notwithstanding the provisions of any other law, assets derived
after January 1, 1950, from any non-Government-operated commissary,
mess service, or recreational facility abroad, through termination or
otherwise, may be established as a working fund, Such fund may be
used by the Secretary, without fiscal year limitation, for die purposes of
this section.
SEC. 941. (a) In the event an officer or employee of the Service
who is a citizen of the United States incurs an illness or injury while
such person is located abroad, which requires hospitalization or sinli-
lrir treatment, and which is not the result of vicious habits, intemper-
ance, or misconduct on his part; the Secretary may, in accordance
with such regulations as he may prescribe, pay for the cost of treat-
ment of such illness or injury.
(b) In the event a dependent of a United States citizen officer or
employee of the Service who is stationed abroad, incurs an illness or
injury while such dependent is located abroad, which requires hos-
pitalization or similar treatment, and which is not the result of vicious
habits, intemperance, or misconduct on his part, the Secretary Iiiay, in
accordance with such regulations as he may prescribe, pay for that
portion of the cost of treatment of each such illness or injury that ex-
ceeds 5:35 up Ion niasinluni limitation of one hundred and twenty dais
of treatment for each such illness or injury, except that such maxi-
mum limitation shall not apply whenever the Secretary, on the basis
of professional medical advice, shall determine that such illness or
injury clearly is caused by the fact that such dependent is or has been
located abroad.
(c) After sufficient, experience in the operation of the medical pro-
tection plan authorized in subsections (a) and (b) of this, section has
been obtained, as determined by the Secretary, and if lie considers
that the benefits so authorized can be provided for as well and as
cheaply in other ways, the Secretary may, under such regulations, and
for such persons, locations, and conditions as he may deem appropri-
ate, and within the limits prescribed in such subsections, contract for
medical care pursuant to such arrangements, insurance, medical serv-
ices, or health plans as lie may deem appropriate.
SEC. 942. (a) In the event an officer or employee of the Service
who is a citizen of the United States or one of his dependents, requires
medical care, for illness or injury not the result of vicious habits,
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intemperance or misconduct, while stationed abroad in a locality where
there is no qualified person or facility to provide such care, the Sec-
retary may, in accordance with such regulations as he may prescribe,
pay the travel expenses of such person by whatever means he shall
deem appropriate, including the furnishing of transportation, and
without regard to the Standardized Government Travel Regulations
and section 10 of the Act of March 3, 1933, as amended (60 Stat. 808;
5 U.S.C. 73b), to the nearest locality where suitable medical care can
be obtained. If any such officer, employee, or dependent is too ill to
travel unattended, or in the case of it dependent too young to travel
alone, the Secretary may also pay the round-trip travel expenses of
an attendant or attendants.
(b) The Secretary may establish a first-aid station and provide
for the services of a physician, it nurse, or other medical personnel at
a post at which, in his opinion, sufficient personnel is employed to
warrant such it station.
PHYSICAL EXAMINATIONS AND COSTS OF INOCULATIONS
SEc. 943. The Secretary shall, under such regulations as he may
prescribe, provide for physical examinations for applicants for em-
ployment and for officers and employees of the Service who are citizens
of the United States, and for their dependents, including examina-
tions necessary to establish disability or incapacity in accordance with
the provisions of section 831, and shall provide for administering inoc-
ulations or vaccinations to such officers and employees and their
dependents.
SEC. 91,4. The Secretary is authorized to continue medical services
under part E of this title beyond the date of death or separation of an officer
or employee.
SEC. 945. Without regard to the provisions of any other law, the
Secretary may provide for cooperation in, or interchange of, medical and
related services and property abroad between the United States Government
and foreign governments or international organizations under such terms
and conditions as he deems appropriate. Any funds received under such
arrangements may be used for direct expenditure or for reimbursement of
applicable appropriations.
SECTION 1007 OF THE UNITED STATES INFORMATION AND
EDUCATIONAL EXCHANGE ACT OF 1948
[VETERANS' PREFERENCE ACT
[SEC. 1007. No provision of this Act shall be construed to modify
or to repeal the provisions of the Veterans' Preference Act of 1944.]
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A AMENDMENTS OF 1965
SECTION 205 OF THE ANNUAL AND SICK LEAVE ACT OF 1951
GENERAL PROVISIONS
SEC. 205. (a) The days of leave provided for in this title shall mean
days upon which an employee would otherwise work and receive pay,
and shall be exclusive ofpholidays, and all nonworkdays established by
Federal statute or by Executive or administrative order.
(b) An employee shall be considered for the purposes of this title
to have been employed for a full biweekly pay period if he shall have
been employed during the days within such period, exclusive of holi-
days and all nonworkdays established by Federal statute or by Execu-
tive or administrative order, which fall within his basic administrative
workweek.
(c) Part time officers and employees, unless otherwise excepted,
shall be entitled on a pro rata basis to the benefits provided by sections
203 and 204 of this title.
(d) The authorized absence of a rural carrier on Saturdays which
occur within or at the beginning or end of a period of sick or annual
leave of five or more days' duration (or four days' duration if a holiday
falls within or at the beginning or end of the period of sick or annual
leave) shall be without charge to such leave or loss of compensation.
Saturdays occurring in a period of annual or sick leave taken in it
smaller number of days may at the option of the carrier be charged to
his accrued leave and when so charged he shall be paid for such absence.
(e) In the case of tra nsfer? of an officer or employee between posi-
tions under different leave systems (other than transfers involving
positions exempted under section 202(b)(1) (B), (C"), (II), or (I)),
without a break in service, the annual and sick leave to the credit of
such officer or employee shall be transferred to his credit in the cm-
ploying agency on an adjusted basis in accordance with regulations to
be prescribed by the Civil Service Commission, except that whenever
a former officer or member receiving a retirement annuity as provided
under the Policemen and Firemen's Retirement. and Disubilily Act,
as amended, is reemployed in any position subject to the provisions
of this Act, his sick leave balance shall not be recredited to his account
upon such subsequent reemployment-.
(f) No leave shall be charged to the account Of any officer or employee
for absence, not to exceed six months, due to an injury or illness incurred
while serving abroad and resulting from hostile activity or clearly caused
by the fact that the officer or employee was located abroad.
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FOREIGN SERVICE ACT AMENDMENTS OF 1965 17
SECTION 231 OF THE OVERSEAS DIFFERENTIALS AND
ALLOWANCES ACT
PART D-POST DIFFERENTIAL
SEc. 231. A post differential may be granted on the basis of condi-
tions of environment which differ substantially from conditions of
environment in the continental United States and warrant additional
compensation as a recruitment and retention incentive. Such differen-
tial also may be granted to any employee who is officially stationed in
the United States and who is on extended detail in a foreign area.
Additional compensation paid as a post differential shall not in any
instance exceed 25 per centum of the rate of basic compensation,
except that in a foreign area where there is unusual danger of injury due
to hostile activity such additional compensation shall not exceed 50 per
centum.
0
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