THE FOREIGN SERVICE ACT AMENDMENTS OF 1965

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000600100061-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: May 30, 2006
• Sequence Number: 61
• Publication Date: April 20, 1965
• Content Type: MF

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OGC 65-1461
2 0 AYr;1965
MEMORANDUM FOR: Mr. Warner
SUBJECT: The Foreign Service Act Amendments of 1965
1. On 19 May 1965 I attended the opening hearings on H. R. 6277
before the House Subcommittee on State Department Organization and
Foreign Operations. The first and only witness that day was the
Honorable William J. Crockett, Deputy Under Secretary of State for
Administration.
2. Mr. Crockett sought to justify the proposed foreign affairs
personnel system which could be effected upon the passage of Section
22 of the proposed bill. He said this would increase the efficiency
and economy of the Foreign Service by eliminating differences among
people in essentially the same type of work. He specifically objects
to Foreign Service personnel working side by side with Civil Service
personnel, when both are doing basically similar types of work. He
also pointed out that there is no longer a clear distinction between the
domestic and foreign activities of the Department of State; therefore,
all personnel in the Department should be under the same unified per-
sonnel system. On the other hand, he believes that in today's fast
moving world the special needs of the foreign affairs agencies are
significantly different from those of domestically oriented organizations
to justify the expansion of a personnel system which is different from
that of Civil Service. Mr. Crockett also commented on Section 14 of
the bill which would amend Section 633 of the Foreign Service Act by
extending the selection-out system to all members of the new foreign
affairs personnel system. Throughout the session he was forced to
defend it as an equitable system in answer to searching inquiries from
members of the Subcommittee. He described their system as "an
effective tool of management" which serves to insure maximum
efficiency and effectiveness amongst a key group of Government
employees.
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3. Mr. Crockett was prepared for the searching questions he
knew would be asked concerning the key Section 22 to this bill. At
present the section is so worded that the President perhaps could
designate a CIA employee as a member of the proposed foreign affairs
personnel system. Mr. Crockett stated that to make it clear that only
members of the Department of State, the Agency for International
Development and the United States Information Agency would be covered,
that he would be willing to eliminate the language "and such personnel as
he may designate of other Government agencies who are engaged in for-
eign affairs functions. " I believe the Subcommittee will approve this
suggestion.
4. Furthermore, he wants to add to Section 22 to give the personnel
affected by the proposed transfer an option of 3 years in which to decide
whether or not they want to be transferred into the foreign affairs personnel
system. If they wish to remain Civil Service employees, the Department
of State will assist them in finding other jobs in the Federal Government.
Chairman Wayne Hays (D. , Ohio) said he would introduce a bill to accom-
plish this if the Department's Legal Adviser's Office would draft it for
him. Mr. Crockett said the new system would give him more flexibility
in moving people from job to job. He complained that the Civil Service
has too rigid job descriptions. The State Department, on the other hand,
wants to be able to move people freely on short notice to areas such as
the Dominican Republic without regard to grade or job description.
Civil Service rules unduly restrict him in this matter.
5. Those people who now serve in Civil Service administrative
jobs will either become Foreign Service Staff Officers or Foreign Service
Clerical Officers. These personnel will not have to serve overseas
against their will in order to keep their jobs.
6. Another amendment which Mr. Crockett and Representative
Hays both agree is needed concerns those present Civil Service employees
who upon transfer will be placed under the Foreign Service retirement
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system. This will happen to some, although the majority will probably
be kept in positions in which they may retain their Civil Service retire-
ment rights. The mandatory retirement age for Civil Service employees
is age 70, as opposed to age 60 for members of the Foreign Service
retirement system. Those personnel who are presently age 50 or who
have at least 15 years under Civil Service may be given the opportunity
to serve longer than those who have always been a part of the Foreign
Service retirement system. A sliding scale has been proposed for this
transition period based on age and years of service, but the details are
yet to be worked out.
7. Representative E. Ross Adair (R. , Indiana) does not like the
language in Section 9 of H. R. 6277. This provision, which would amend
Section 522 of the Foreign Service Act, is of particular interest to the
DDP. The present bill would authorize the appointment of Foreign
Service Reserve Officers by the Secretary of State "on the basis of merit
and fitness. " Mr. Adair does not believe this is an adequate standard.
Representative F. Bradford Morse (R. , Massachusetts) agreed. They
both felt that the standard of admission to FSR status should include
some sort of a test--even for Federal personnel already in a merit
system.]
8. Finally, Congressman Benjamin S. Rosenthal (D. , New York)
questioned Mr. Crockett quite closely on the Department's present selection-
out procedures. He was not satisfied that they were equitable, and he asked
to review any 6 cases among the 68 people who were selected out last year.
Mr. Crockett agreed to supply him with the files. Mr. Hays tried to
assure his colleague that the Foreign Service selection-out system was
indeed equitable by saying that he personally has intervened in 3 cases in
the past, and in every instance he saved the jobs of those involved. Mr.
Rosenthal (correctly, it seemed to me) pointed out that actually this was
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evidence that the present system might not be fair and equitable if it
took a Congressman's intervention to get the Department of State to
admit that an error had been made in their evaluation of an employee's
performance.
9. This opening session made two points very clear: First,
Congress is sympathetic to the Department's desire to have a unified
personnel system, but it wants to be very certain that in completing the
necessary transfers and personnel changes full justice is given to all
personnel affected. Secondly, there is particular interest in the opera-
tion of the selection-out system. The traditional references were made
to Civil Service deadwood who don't do any work but are always there
to collect their pay checks. The Congress seems to support President
Johnson's goals for higher standards in Federal service, but they want
to be sure that justice is done in any dismissal of marginal employees.
11. Mr. Crockett was called back to appear again because mem-
bers of the Subcommittee are not yet satisfied with all of the means
proposed to improve the personnel system of the Department of State,
AID and USIA.
Office of General Counsel
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