RAMSEYER RULE PRINT OF FOREIGN SERVICE ACT AMENDMENTS OF 1965 (H.R. 6277)

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CIA-RDP67B00446R000600100052-8
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RIFPUB
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K
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18
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December 20, 2016
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May 30, 2006
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52
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Publication Date: 
March 28, 1965
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REGULATION
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Approved For Release 2007/03/02: CIA-RDP67B00446R000600,100052-8 89th Congress l 1st Session J COMMITTEE PRINT LEGlaIOLATIVE COUNSEL FILE COPY RAMSEYER RULE PRINT OF FOREIGN SERVICE ACT AMENDMENTS OF 1965 (H.R. 6277) U.S. GOVERNMENT PRINTING OFFICE 44-083 WASHINGTON : 1965 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 MARcn 23, 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 amend- ments to the Foreign Service Act of 1946, as amended. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 RAMSEYER RULE PRINT OF FOREIGN SERVICE ACT OF 1965 CHANGES IN EXISTING LAW MADE BY THE BILL, AS INTRODUCED Changes in existing law made by the bill, as introduced, 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-S}IORT TITLE, OBJECTIVES, AND DEFINITIONS PART A-SIIORT 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; (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; 1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 2 FOREIGN" SERVICE ACT AMENDMENTS OF 1965 (7) to provide salaries, allowances, and benefits that will permit the Foreign Service to draw its personnel from all walks of Ameri- can lire and to appoint persons to the highest positions in the Service solely on the basis of their demonstrated ability ; (8) to provide a flexible and comprehensive framework for the direction of the Foreign Service in accordance with modern prac- tices in public adininistration; and (9) to codify into one Act all provisions of lawn relating to the administration of the Foreign Service. PART U --DEFIti1T1oNs SEC. 121. IN'hen 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 agenc}-" 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 throu-h one or more corporations) by the United States; (5) "government" means the Government of the United States of America; (6) "Continental United States" means the States and the District of Columbia ; (7) "Abroad" means all areas not included in the continental United States as defined in paragraph (6) of this section; (8) "Principal officer" means the officer in charge of an embassy, legation, or other diplomatic mission or of a consulate general, con- sulate, or vice consulate of the United States; and (9) "Chief of mission" means it principal officer appointed by the President, by and with the advice and consent of the Senate, to be in charge of an embassy or legation or other diplomatic mission of the United States, or any person assigned under the terms of this Act to be minister resident, chargb d'affaires, commissioner, or diplomatic agent. TITLE IV---CATEGORIIE:S AND SALARIES OF PERSONNEL PART A-CATEGORIES OF PERSONNEL SEc. 401. The personnel of the Service shall consist of the following categories of officers and employees: (1) Chiefs of mission, who shall be appointed or assigned in accord- anec with Lite 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 temporary basis from outside the Government in accordance with the provisions of section 522, in order to make available to the Service such specialized skills as may from time to time be required;] (3) Foreign Sere-ice Reserve officers, who shall be appointed or assigned under section 522 (4) Foreign Service staff ofcers and employees, who shall be ap- pointed in accordance with the provisions of section 531 and who shall Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R00060010 052-8 FOREIGN SERVICE ACT AMENDMENTS OF 1965 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 $19,491 Class2------------- 12,075 12,495 12,915 13,335 13,755 14,175 14,595 15,015 15,435 15,851 Class 3_____________ 9,945 10,290 10,635 10,980 11,325 11,670 12,015 12,360 12,705 13,05( Class 4_____________ 8,295 8,580 8,865 9,150 9,435 9,720 10,005 10,290 10,575 10,86( Class 5_____________ 7,480 7,735 7,990 8,245 8,500 8,755 0,010 9,265 0,520 9,771 Class 6_____________ 6,755 6,980 7,205 7,430 7,655 7,880 8,105 8,330 8,555 8,78( Class 7_____________ 6,205 6,410 6,815 6,820 7,025 7,230 7,435 7,640 7,845 8,06( Class 8_____________ - 5,490 5, 675 5,860 6,045 6,230 6, 415 6, 600 6, 785 6,970 7,161 Class 9_____________ 5,010 5,175 5,340 5,505 5,670 5,835 6,000 6,165 6,330 6,491 Class 10 4,480 4,630 4,780 4,930 5,080 5,230 5,380 5,530 5,680 5,83( (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 level] and he may, as appropriate, establish rates for wage board positions. 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. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 4 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 positions in or under the Department which he designates as Foreign Service Officer positions to be occupied by officers and employees of the Service, and establish such positions in relation to the classes established by sections 412, 414, and 415.] SEC. 442. (Repealed by P.L. 86 723 (74 Stat. 847).) SEC. 443. The Secretary may establish mates of salary differential, not exceeding 15 per centum of basic salary, for o flwers or employees of the Service while they are performing dunes abroad requiring frequent travel under unusually hazardous conditions. Svc. 444. (a) The Secretary shall,, in accordance with such regula- tions as he may prescribe, establish compensation plans for alien em- ployees 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 locaality, 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- grauns in accordance with the applicable provisions of this Act. Sr?,c. 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. SE c. 446. Title 11 of the Act of November 26, 1940, entitled "An Act extending the classified executive Civil Service of the United States" (54 Stat. 1212; 5 U.S.C. 681), is hereby further amended by deleting paragraph (vii) of section 3(d) and by substituting in lieu of the present language of paragraph (vi) of section 3(d) the following Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIAN-R~~p4i$qR0006001( 0052-8 FOREIGN SERVICE ACT AME D 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 * * * * * * ADMISSION TO CLASS 7 OR 8 SEC. 516. (a) No person shall be eligible for appointment as a Foreign Service officer of class 8 unless be 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 S. (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. 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 may- [(1) appoint as a Reserve officer for nonconsecutive periods of not more than five years each, a person not in the employ of the Government whom the Board of the Foreign Service shall deem to have outstanding qualifications; [(2) assign as. a Reserve officer for nonconsecutive periods of not more than five years each a person regularly employed in any Government agency, subject, in the case of an employee of a Gov- ernment agency other than 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 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved F r fI"s9p~7(0,/~2 : CIA-RDP67B00446R000600100052-8 ~o c E AME,tiD TENTS OF 1963 of this paragraph without the consent of the head of the agency concerned.] SEc. 522. (a) The Secretary may on the basis of merit and fitness ,& it, appoint citizens of the United States as Reserve officers without time {or temporary or limited service, or for such other periods of service as a may deem necessary, and may establish appropriate pro- bationary periods for such newly appointed Officers. (b) The Secretary may, with the consent ofhe head of the Government agency concerned, assign as a Reserve officer./or 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, sha 1 be appointed or assigned to a. class and not to it particular post, and such an officer may be assigned to posts and may be transferred from one post to another by order of the Secretary as the interests of the Service may require. The class to which he sall be appointed or assigned shall depend on his age, qualifications, and experience.] SEC. 523. The class to which a Reserve officer is appointed or assigned shall depend on his a;c, qualifications, and experience. A Reserve 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 Re-servo 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.] * * * * * * * 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 tlian 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 i 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 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 :A9&-WhPNsSg944?R000600109052-8 FOREIGN SERVICE ACT 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 paragraph.] (c) If the basic minimum salary, of the position to which an officer or employee of the Service is assigned pursuant to the terms of this section is higher than the salary such officer or 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 June 30, 1961, occupies a position in the Department that is designated as a Foreign Service Officer position, shall be entitled to receive a salary differential under the provisions of this paragraph. (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 at the commence- ment, during the course of, or at the close of the period of his official service; and any such detail or assignment, if not more than four months in duration, shall not be considered as an assignment within the meaning of section 571. [(b) Any officer or employee of the Service may be assigned or detailed for special instruction or training at or with public or private nonprofit institutions; trade, labor, agricultural, or scientific associa- tions; or commercial firms.] SEC. 573. The Secretary may assign or detail any officer or employee of the Service to or in cooperation with educational or nonprofit institu- tions, or with trade, labor, commercial, or other organizations. Reim- bursements or advances of funds may be made to applicable appropriations when received from any such institution or organization for all or any part of the salary and expenses of any officer or employee and his depend- ents during such assignment or detail. The Secretary may authorize such officer or employee to accept quarters, travel, and other expenses from the institution or organization. . Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 A proved FF E71pp~s~-I 3E )RaSgeeR?9 &7/2t40i TIl1l A-RDP67B00446R000600100052-8 1EPITS OF 1965 TITLE VI-PERSONNEL ADM INISTIR.ATION * * * * * * PART D-SEPARATION OF OFFICERS AND EMPLOYEES FROM THE SERVICE [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 re- main in class without Vromotion; and [(2) the standard of performance which any such officer must maintain to remain in the Service. [(b) Any Foreign Service officer below the class of career minister who does not receive a promotion to a higher class within the specified period or who fails to meet the standard of performance required of officers of his class shall be retired from the Service and receive bene- fits in accordance with the provisions of section 634.1 SEc. 633. The Secretary may by regulation prescribe (1) the wanner in which the standard of performance required of officers or employees of the Service is det?rmined, ayul (2) the ma rimum period during which ofters 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. 684. SELECTION-OUT BENEFITS SEC. 634. (a) Any Foreign Service officer in classes 1, 2, or 3 who is retired from the Service in accordance with the provisions of section 633 shall receive retirement benefits in accordance with the provisions of section 821.3 Any Foreign Service officer in class 1, 2, or 3, or any staff officer in class 1 who is a participant in the Foreign Service Retire- ment and Disability System, who is separated under section 638 shall receive benefits under section 821. (b) Any Foreign Service officer in classes 4, 5, 6, or 7, or any staff officer in class 2, 3, 4, 5, or 6 who is a participant in the System, 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 Forei n Service Retirement anDisability Fund,] in three equal insta - ments on the 1st day of January ollowing 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 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600108052-8 FOREIGN SERVICE ACT AMENDMENTS OF 1965 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 and who has elected to receive retirement benefits dies before reaching the age of sixty, the total amount of his contributions made to the Foreign Service Retirement and Disability Fund, with interest as 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 (31. U.S.C. 203) or the provisions of any other law, a Foreign Service officer who is retired in accordance with the provisions of section 633 shall have the right to assign to any person or corporation the whole or any part of the benefits receivable by him pursuant to paragraph (b)(1) of this section. Any such assignment shall be on a form approved. by the Secretary of the Treasury and a copy thereof shall be deposited with the Secretary of the Treasury by the officer executing the assignment.] (c) Any Reserve officer, or any staff officer or employee who is not a participant in the System, who is separated under section 633 may be granted benefits under section 631, (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-PROMOTION AND SEPARATION OF ALIEN CLERKS AND EMPLOYEES SEC. 661. Alien clerks and employees shall receive promotions from one class to a higher class and in-class promotions in accordance with regulations prescribed by the Secretary. FOR UNSATISFACTORY PERFORMANCE OF DUTY SEC. 662. The Secretary may, under such regulations as he may prescribe, separate from the Service any alien clerk or employee on account of the unsatisfactory performance of his duties. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Ar roved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 FOREIGN SERVICE ACT AMENDMENTS OF 19&5 SEPARATION FOR MISCONDUCT OR MALFEASANCE SEC. 6G3. The Secretary shall separate from the Service any alien clerk or employee who shall be found guilty of misconduct or mal- feasance. SEC. 66.x. The Secretary may, under 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 seq.). Any such imprisonment may be considered for purposes of all other employee benefits to be a period of employment by theu United States. * * * * * * * TITLE VIII - -THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM SF ,c. 803. (a) The following persons, hereafter referred to as par- tici ants, shall be entitled to the benefits of the System: (1) All Foreign Service officers;] (1) All Foreign Service officers, or former 1oreign Service officers appointed as Reserve officers or as staff officers or employees without a break in service in excess of three calendar days; (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; * * * * * * * TITLE IX-ALLOWANCES AND BEI EFITS 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 ttie 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; accompanying him for representational purposes on au- thorized travel within the country of his assignment or, at the dis- Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 FOREIGN SERVICE ACT AMENDMENTS OF 1965 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 Act: (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 :from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Service, when he is absent from his post of assignment under orders, or when he .is assigned to a post to which he cannot take or at which he is 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 packing and unpacking, transporting to and from a place of storage, and. storing the furniture and house- hold and personal effects of an officer or employee of the Service in connection with assignment or transfer to a new post, from the date of his departure from his last post or from the date of his departure from his place of residence in the case of a new officer or employee and for not to exceed three months after arrival at the new post, or until the establishment of residence quarters, whichever shall be shorter; and, in connection with separation of an officer or employee of the Service, the cost of packing and un- packing, transporting to and from a place of stor!tge, and storing for a period not to exceed three months, 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 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, furniture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned; (8) the cost of preparing and transporting to their former homes in the continental 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; Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 12 FOREIGN SERVICE ACT AMENDMENTS OF 1965 (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- plovees are serving, provided that such travel expenses shall be limited to the cost for each officer or employee and members of his ?a mily 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- panying, preceding, or following an officer or employee if, while he is en route to his post, of assignment, lie is ordered temporarily 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 such expenses are 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'- COMISiIR.SARY SERVICE Ssc. 021. (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. Reim bursements incident to the maintenance and operation of commissary or mess service shall be at not less than cost its determined by the Secretary and shall be used as working funds. Prorided, That an amount. equal to the amount ex- pended for such services shall be covered into the Treasury as miscel- laneous receipts. (b) The Secretary, under such regulations its he may prescribe, may authorize and assist in the establishment, maintenance, and operation, by officer.--, and employees of (lie 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 shall 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) Notwithstundin;; the last paragraph under the heading "Sub- sistence Department" in the Act of March 3, 1911 (10 U.S.C. 1253), Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02: CIA-RDP67B004Jqp0060014 052-8 FOREIGN SERVICE ACT AMENDMENTS 0 4 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 the 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 simi- lar treatment, and which is not the result of vicious habits, intemper- ance, or misconduct on his part, the Secretary may, in accordance with such regulations as he may prescribe, pay for the cost of treat- ment of such illness or injury. (b) In the event a dependent of a United States citizen officer or employee of the Service who is stationed abroad, incurs an illness or injury while such dependent is located abroad, which requires hos- pitalization or similar treatment, and which is not the result of vicious habits, intemperance, or misconduct on his part, the Secretary may, in accordance with such regulations as he may prescribe, pay for that portion of the cost of treatment of each such illness or injury that ex- ceeds $35 up to a maximum limitation of one hundred and twenty days 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 he considers that the benefits so authorized can be provided for as well and as cheaply in other ways, the Secretary may, under such regulations, and for such persons, locations, and conditions as he may deem. 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 he 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, Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 AQDroved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 FOREIGN SERVICE ACT AMENDMENTS OF 1965 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 anaeiicled (60 Stat. SOS; 5 U.S.G. 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 a dependent too young to travel alone, the Secretary flay 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, a nurse, or other medical personnel at it post at which, in his opinion, sufficient personnel is employed to warrant such a station. PHYSICAL EXAMMINATIONS AND COSTS OF INOCULATIONS SEc. 943. The Secretary shall, under such regulations as he may prescribe, provide for physical exaniiniations for applicants for em- ployment and for officers and employees of the Service who are citizens of the United States, and for thei'r' heir 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. NEC, 9.44. The Secretary ix 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 /it; 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 uiodif or to repeal the provisions of the Veterans' Preference Act of 1944. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 Approved For Release 2007/03/02 : CIA-RDP67B0044pp0006001~,0052-8 FOREIGN SERVICE ACT AMENDMENTS F a 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 of holidays; 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 a smaller number of days may at the option of the carrier be charged to his accrued leave and when so charged he sli all be paid for such absence. (e) In the case of transfer 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), (H), 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 em- 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 Disability 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. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8 ApRtpved ForAR1t?sg, qq7 0 1cq9 LIAR DP67Bo 044968000600100052-8 AMENTS 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 at 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 centuan of the rate, of basic compensation, except' that in. a foreign area where there is danger of injury clue to hostile activity such, additional compensation shall not exceed 50 per centum. 0 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600100052-8