DRAFT FOREIGN SERVICE ACT AMENDMENTS OF 1965

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CIA-RDP67B00446R000600110012-1
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RIFPUB
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K
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192
Document Creation Date: 
December 20, 2016
Document Release Date: 
May 24, 2006
Sequence Number: 
12
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Publication Date: 
February 17, 1965
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REQ
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Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 ).DRAFT FOREIGN SERVICE ACT AMENDMENTS OF 1965 February 17, 1965 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 ClA DP6iB00446R000600110012-1 PART B--OBJECTIVES Existing Legislation 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 effec- tively to serve abroad the interests of the United States; Proposed Legislation 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; A proposed amendment to section 111(1) will, in conjunction with other amendments relating to the service of Foreign Service personnel in the United States reflect the concept that the con- duct of Foreign Affairs programs requires the assignment of Foreign Service personnel in the United States as well as abroad. As is.stated in support of the proposed amendment to section 571(a) removing the limitation on the time officers and employees of the Service may be assigned to the United States, the Secretary Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Sec.. 111. needs broad discretionary authority with respect to the utilization of Foreign Service personnel and he should not be limited to any specified period of assignment for such personnel. Other proposed amendments, e.g., sections 522 and 523 would enable the Secretary to appoint a category of Career Reserve officers without time limit whose service would be entirely within the United States. This category would include officer personnel now serving in Washington or elsewhere in the United States with the Foreign Affairs agencies who are Civil Service employees. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -3- Sec. 211. BOARD OF THE FOREIGN SERVICE Existing Legislation Sec. 211. (a) /The Board of the Foreign Service shall be composed of the Assistant Secretary of State in charge of the administra- tion of the Department, who shall be chairman; two other Assistant Secretaries of State, designated by the Secretary to serve on the Board; the Director General; and one representative each, occupying positions with com- parable responsibilities, from the Departments of Agri- culture, Commerce, and Labor, designated, respectively, by the heads of such departments./ The Secretary may request the head of any /other/ Government /department/ to designate a Proposed Legislation Sec. 211. (a) The Secretary shall prescribe the membership of the Board of the Foreign Service which shall include representatives of such other Government agencies as he deems appro- priate. The Secretary may request the head of any Government agency to designate a representative to attend meetings of the Board whenever matters affecting the interest of such agency are under consideration. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -4- Existing Legislation representative occupying a position with comparable responsibilities1/ to attend meetings of the Board whenever matters affecting the interest of such /department/ are under consideration. (b) The Board of the Foreign Service shall /make recommendations to/ the secre- tary concerning the functions of the Service; /the policies and procedures to govern the selection, assignment, rating, and promotion of Foreign Serv- ice officers; and/ the policies Land procedures/ to govern the administration and personnel management of the Service; and shall perform such other duties Sec. 211. Proposed Legislation (b) The Board of the Foreign Service shall advise the Secretary concerning the functions of the Service; the policies to govern the admin- istration and personnel management of the Service; and shall perform such other duties as are assigned to it by the Secretary. as are vested in it by other sections of this Act or by the terms of any other Act/. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Sec. 211. The proposed amendment to section 211 (a) will eliminate the necessity for amending this Act whenever the relationship of the Department to other agencies changes. It is advisable to leave to the discretion of the Secretary the exact character and membership of the Board. The proposed change also elimin- ates references to the rank of the representatives on the Board. It should be noted that, in many of its meetings, the Board's business is conducted by alternate representatives sub- stantially lower in rank than the rank of an Assistant Secretary. For example, at the time of the enactment of the Foreign Service Act of 1946, there was need for the participation of representatives of the Department of Agriculture in the activi- ties of the Board of the Foreign Service since Agriculture was dependent upon the Department for the conduct of its overseas foreign affairs responsibilities. The Department of Agriculture now has its own foreign service and no longer sends representa- tives to attend meetings of the Board of the Foreign Service. With the discretionary authority this amendment would give the Secretary, it is contemplated that he would vary the membership of the Board to meet the need of the Department and other Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Sec. 211. agencies. The Departments of Commerce and Labor, the United States Information Agency, and any other agencies having a continuing interest in the Board's authority might participate on a regular basis. The amendment to section 211(b) is intended to emphasize the role of the Board as an advisory group on matters of broad administrative policy. Accordingly, the references to "selec- tion, assignment, rating, and promotion of Foreign Service officers" have been eliminated since these are integral segments of the administrative and personnel management programs, and their particularization might imply that the Board's interest should be restricted to the specific functions enumerated. Elsewhere in the Act, notably sections 502, 522 and 622, references to the Board's responsibility with respect to promotion and appointment are being eliminated. The Board's responsibility for conducting hearings in connection with separations for cause as defined in section 6,.;7 is also being deleted for the same reason. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 ,CIA-RDP67B00446R000600110012-1 TITLE IV--CATEGORIES AND SALARIES OF PERSONNEL PART A--CATEGORIES OF PERSONNEL Existing Legislation 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 accordance with the provisions of section 501; Proposed Legislation 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 accordance with the provisions of section 501; (2) Foreign Serv- ice officers, who shall be appointed in accord- ance 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 (2) Foreign Serv- ice officers, who shall be appointed in accord- ance with section 511, including those serving as chiefs of mission; (3) Foreign Service Reserve officers, who shall be assigned to the Service from Government agencies Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -8- Sec. 401. Existing Legislation Proposed Legislation Government agencies*or or appointed in accord- appointed [on a temporary ance with the provisions basis from outside the of section 522; 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]; The proposed amendment to section 401(3) identifies the categories of Foreign Service Reserve officers as those who shall be appoionted or assigned in accordance with the provisions of section 522. The proposed amendments to section 522 will authorize the establishment of a category of Re~;erve officers appointed without limit as to time, the continuance of the limited Foreign Service Reserve category now in the Service, and the establishment of a Reserve category of officers whose services are needed on an intermittent basis. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CJf2DP67B00446R000600110012-1 Sec. 411 Existing Legislation CHIEFS OF MISSION Sec. 411. The President shall for salary purposes classify into four classes the positions which are to be occupied by chiefs of mission. The per annum sal- aries of chiefs of mission within each class shall be at the rate provided by law for the levels of the Fed- eral Executive Salary Schedule as follows: class 1, the rate for level II; class 2, the rate for level III; class 3, the rate for level IV; and class 4, the rate for level V. Proposed Legislation CHIEFS AND DEPUTY CHIEFS OF MISSION Sec. 411. The Presiden shall for salary purposes classify into four classes the positions which are to be occupied by chiefs of The per annum sal- aries of chiefs of mission within each class shall be at the rate provided by law for the levels of the Fed- eral Executive Salary Schedule as follows: class 1, .the rate for level II; class 2, the rate for level III; class ., the rate for level IV; and class 4, the rate for level V. (b) The position of deputy chief of mission at a post classified as a class 1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -10- Existing Legislation Sec. 411. Proposed Legislation mission under paragraph (a) of this section shall be compensated at the rate pro- vided by law for level V of the Federal Executive Salary Schedule. The proposed new paragraph (b) of section 411 would for the first time establish a statutory salary for the position of deputy chief of mission at class 1 missions. Any officer, regardless of his rank in the Foreign Service, would thereby be entitled while serving in such position to a salary equiva- lent to that of career minister, which is set at level V of the Federal Executive Salary Schedule. This is the salary level at which the position of chief of mission at class 4 missions is classified under present authority. Since the majority of Foreign Service officers in the class of career minister are needed for service as chief of mission or for assignment to other key positions, it is necessary for the Secretary to fill deputy chief of mission positions, even at class 1 missions, with officers below the rank of career minister. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Sec. 411. It has long been recognized that the responsibilities of the principal deputy at a large and important diplomatic mission are at least as demanding as those of ambassadors at our smaller embassies. Consequently, the process of assigning officers to these positions requires the most careful evalua- tion of the qualifications, background and suitability of persons available for such assignment. The Secretary should have the flexibility in such instances to select the best qualified candidate from any category of the Foreign Service and to offer him the compensation to which the responsibilities of the position entitle him. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/0ajjiA-RDP67B00446R000600110012-1 Existing Legislation Sec. 415. (a) No change necessary. (b) Notwithstanding the provisions of subsection (a) of this section, the Secretary may, under such regulations as he may prescribe, classify posi- tions at levels below class 10, and establish salary rates therefor at lower rates than Proposed Legislation Sec. 415. (a) (b) Notwithstanding the provisions of subsection (a) of this section, the Secretary may, under such regulations as he may prescribe, classify po~_- tions at levels below class 10, and establish salary rates therefor at lower rates than those prescribed by this section, those prescribed by this section, for American employees [recruited for American employees who per- abroad who are not available or are not qualified for transfer to nature than are generally per- another post and] who perform duties of a more routine nature than are generally performed at the class 10 level. formed at the class 10 level. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 ! II-RDP67B00446R000600110012-1 Sec. 415.(b) The proposed amendment to section 415(b) will authorize the Secretary to establish salary rates below those scheduled for class FSS-10 for American employees who perform duties of a more routine nature than are generally performed at the class 10 level. Existing authority limits the use of rates lower than class 10 for those American employees "recruited abroad who are not available or are not qualified for transfer to another post". Since it is contemplated that all Civil Service employees in the Foreign Affairs agencies at the clerical as well as the officer level will be appointed under authority of the Foreign Service Act, this change is proposed to accommodate clerical employees now at the GS-1, 2 and 3 grade levels. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03!1 : CIA-RDP67B00446R000600110012-1 Sec. 421. AS CHARGES D'AFFAIRES AD INTERIM Existing Legislation Sec. 421. For such time as any [Foreign Service] offi- cer shall be authorized to act as charge d'affaires ad inter- im at the post to which he is assigned, he shall receive, in addition to his basic salary as [Foreign Service] officer, compensation equal to that por- tion of the difference between such salary and the basic salary provided for the chief of mis- sion as the Secretary may determine to be appropriate. Proposed Legislation Sec. 421. For such time as 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 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 Secre- tary may determine to be appropriate. The proposed amendment to section 421 would provide that any officer of the Service might under appropriate circumstances be authorized to act as charge d'affaires ad interim and receive so much of the difference between his basic salary and that of the chief of mission as the Secretary may determine to be justified. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -15- Sec. 421. Under existing legislation only Foreign Service officers serving as charges may receive charge pay differential. The needs of the Service may require the designation of officers of the Service other than Foreign Service officers as charges, and this amendment will authorize their receipt of appropriate charge pay. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/9492 :;CIA-RDP67B00446R00060011QW--1 422. Existing Legislation Sec. 422. For such time as any [Foreign Service] offi- cer [or any consul or vice consul who is not a Foreign Service officer] is temporarily in charge of a consulate gen- eral or consulate during the absence or incapacity of the principal officer, he shall receive, in addition to his basic salary as [Foreign Serv- ice] officer [or consul or vice consul], compensation equal to that portion which the Secretary shall determine to be appropriate of the difference between such salary and the basic salary pro- vided for the principal officer, or, if there be none, of the former principal officer. Proposed Legislation Sec. 422. For such time as any officer of the Service is temporarily in charge of a consulate general or consulate during the absence or incapacity of the principal officer, he shall receive, in addition to his basic salary as an officer of the Service, compensation equal to that portion which the Secretary shall determine to be appropriate of the dif- ference between such salary and the basic salary provided for the principal officer, or, if there be non of the former principal officer. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -17- Sec.422. The proposed amendment to section 422 would broaden the authority of the Secretary with respect to the temporary assign- ment of officers-in-charge at consular posts. Under existing legislation only a Foreign Service officer or a consul or vice consul who is not a Foreign Service officer may be so assigned and granted additional compensation for such service. This amendment will provide the Secretary with needed authority to place any officer of the Foreign Service, irrespective of his category, in temporary charge of a consular post and pay him so much of the difference between his basic salary and that of the principal officer of the post as he deems appropriate. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/021gCIA-kDP67B00446R000600110012gpc . 431. (d) Existing Legislation Proposed Legislation CHIEFS OF MISSION CHIEFS AND DEPUTY CHIEFS OF MISSION Sec. 431. Sec. 431. (d) Under such No existing legislation. regulations as the Secretary may prescribe, a Foreign Serv- ice officer, or Reserve officer appointed or assigned to a position which has been classi- fied for salary purposes under section 411(h) shall receive, in addition to his salary as an officer of the Service, compensation equal to the dif- ference, if any, between such salary and the salary of the position to which he is appointed or assigned. Proposed new paragraph (d) of section 431 is related to the proposed amendment to section 411 that would authorize a statutory salary for deputy chiefs of mission at class 1 missions. Under the provisions of this new authority the Secretary could in his Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -19- Sec. 431.(d) discretion assign any officer of the Service to such a position and provide that he be paid the differential between his basic salary and the statutory salary established for such position. There are occasions when the needs of the Service may require the assignment of officers from any category of the Foreign Service as deputy chiefs of mission at class 1 posts. This amendment will give the Secre- tary the flexibility he needs to make such assignment and to provide for the suitable compensation of such assigned officer. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 PAGES 21 and 21 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 200`7/03 CIA-RDP67B00446R000600110012-1 PART E--CLASSIFICATION CLASSIFICATION OF POSITIONS... Existing Legislation Sec. 441. (a) No change necessary. (b) Under such regula- tions as he may prescribe, the Secretary may, notwithstanding the provisions of the Classi- fication Act of 1949, as amended (5 U.S.C. 1071 and the following), classify positions in or under the Department [which he designates] as For- eign Service [Officer] posi- tion to be occupied by officers and employees of the Service, and establish such positions in relation to the classes established by sec- tions 412, 414, and 415. Proposed Legislation Sec. 441. (a) (b) Under such regula- tions as he may prescribe, the Secretary may, notwithstanding the provisions of the civil service laws, the Classifica- tion Act of 1949, as amended (5 U.S.C. 1071 and the fol- or any other law, lowing),/classify positions in or under the Department as Foreign Service positions, to be occupied by officers and employees of the Service, and establisl? such positions in relation to the classes established by sections 412, 414, and 415. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -23- Sec. 441. The proposed amendment to section 441(b) will enable the Secretary to classify positions in or under the Department as Foreign Service positions, to be occupied by officers and employees of the Service. Current authority provides for the designation of positions in or under the Department as Foreign Service Officer positions to be occupied by officers and employees of the Service. This proposed change would make it possible for the Secretary, notwithstanding the pro- visions of the Classification Act of 1949, as amended, or of any other law, to classify such positions in the Department as he considers to be appropriate, under the provisions of the Foreign Service Act and to fill these positions through the assignment of officers and employees of the Service. It is proposed under the authority of the temporary provisions of new section 1107, that the Department of State and other Foreign Affairs agencies be staffed both at home and ab- )ad by personnel appointed under authorities of the Foreign Service Act. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03J02 : CI'A-RDP67B00446R00060011001 c . 443. Existing Legislation Proposed Legislation No existing legislation. ADMINISTRATIVE ESTABLISHMENT OF HAZARDOUS DUTY PAY FOR CERTAIN CATEGORIES OF OFFICERS AND EMPLOYEES Sec. 443. The Secretary may, under such regulations as he may prescribe, establish rates of salary differential, not exceeding fifteen per centum of basic salary, for officers or employees of the Service while they are per- forming duties abroad requiring frequent travel under unusually hazardous conditions. New section 443 of the Foreign Service Act would authorize the Secretary to grant employees, while performing duties abroad requiring frequent travel under unusually hazardous conditions, a salary differential not to exceed 15 percent of the employee's basic salary. This authority is needed for couriers and other limited groups of employees not adequately covered under section 231 of the Differentials and Allowances Act. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -25- ' Sec. 443. The principle of hazardous duty pay is recognized both in military and civilian pay systems. An example of the type of employee for whom the Department is seeking hazardous duty pay is the diplomatic courier. Couriers perform not only an arduous task, but a dangerous one. Although they must travel constantly in areas where health hazards, the danger of contaminated food, and psychological stresses and strains justify hardship differentials, the majority are headquartered at nonhardship posts. Many of the Department's couriers have sustained serious injury and some have lost their lives in the line of duty during .recent years. Since World War II five couriers have been killed and three seriously injured in line of duty in flight accidents and at least one was injured as a result of a revolution in one of the countries through which he was traveling. Many more narrowly escaped injury in aircraft mishaps. This is not a new proposal. The Department has been seeking such authority since 1958 when draft legislation cf this nature was introduced as a part. of the proposed Foreign Service Act amendments. Since the initial introduction similar draft legislation has been proposed a number of times. Failure of passage has not been due to the disapproval of either the Bureau Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -26- Sec. 443. of the Budget or the Senate Foreign Relations or House Foreign Affairs Committees but has been due rather to the limited time of the Committees and the consideration of what was believed to be more important legislation. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -27- Sec. 502 Existing Legislation [LISTS OF]FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS OR CHIEFS OF MISSION [TO BE FURNISHED TO THE PRESIDENT] Sec. 502. (a) The Proposed Legislation FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS, CAREER AMBASSADORS OR CHIEFS OF MISSION Secretary shall /, on the basis of recommendations made by the Board of the Foreign Service/ from time to time furnish the President with the names of Foreign Service officers qualified for appointment to the class of career ambassador and class of career minister together with pertinent information about such officers, but no person shall be appointed into the class of career minister who has not been appointed to serve as chief of mission or Sec. 502. (a) The Secretary shall from time to time furnish the President with the names of Foreign Service officers qualified for appointment to the class of career ambassador and the class of career minister to- gether with pertinent infor- mation about such officers. person zhall be appointed into the class of career minister who has not been appointed to serve as chief of mission or appointed or assigned to serve in a position which, in the Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -28- Existing Legislation appointed or assigned to serve in a position which, in the opinion of the Secre- tary, is of comparable importance. [A list of such positions shall from time to time be published by the Secretary.] No person shall be appointed into the class of career ambassador who has not (1) served for at least fifteen years in a position of responsibility in a Govern- ment agency, or agencies, including at least three years as a career minister; (2) rendered exceptionally distinguished service to the Government; and (3) met such other requirements as the Secretary shall prescribe. Sec. 502. Proposed Legislation opinion of the Secretary, is of comparable importance. No person shall be appointed into the class of career ambassador who has not (1) served for at least fifteen years in a position of responsibility in a Govern- ment agency, or agencies, including at least three years as career minister; (2) rendered exceptionally distinguished service to the Government; and (3) met such other requirements as the Secretary shall prescribe. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Existing Legislation (b) The Secretary shall also /, on the basis of recom- Sec. 502. Proposed Legislation (b) The Secretary shall also from time to time furnish mendations made by the Board of the Foreign Service/ from time to time furnish the President with the names of Foreign Service officers qualified for appointment or assignment as chief of mis- sion, together with pertinent information about such offi- cers, in order to assist the President in selecting quali- fied candidates for appointment or assignment in such capacity. the President with the Foreign Service officers qualified for appointment or assignment as chief of mis- sion, together with pertinent information about such offi- cers, in order to assist the President in selecting quali- fied candidates for appointment or assignment in such capacity. Section 502 was amended by P.L. 86-723 to include provisions relating to the appointment of career ambassadors. In error the phrase "CAREER AMBASSADORS" was omitted from the title of this section and the word "the" preceding the phrase "class of career Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -30- Sec. 502. minister" was omitted from the first sentence of section 502(a). Deletion of the phrase ", on the basis of recommendations made by the Board of the Foreign Service," in paragraphs (a) and (b) is consistent with the proposed amendment to section 211 which emphasizes the policy making role of the Board of the Foreign Service. Further, the requirement to publish from time to time a list of positions comparable in importance to that of chief of mission would be deleted from section 502(a). The promotion of a Foreign Service officer to the class of career minister is now dependent upon his having served as chief of mission or in a position determined by the Secretary to be of "comparable importance." It is not proposed to change this requirement; rather, the requirement that a list of such positions be established and kept current is being eliminated. The Secretary should have the flexibility, at the time an officer is being considered for promotion to the class of career ainister, to make a determination whether his experience qualifies him for such promotion. This would be more consistent with the proce- dure now applicable to other Foreign Service officer promotions. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -31- Sec. 516(b) Existing Legislation ADMISSION TO CLASS 7 OR 8 Sec. 516. (b) The Secretary may furnish the President with the names of those persons who have passed such examinations and are eligible for appoint- ment as Foreign Service officers of class 8, whom he recommends for appointment directly to class 7 when in his opinion, their age, ex- perience, or other qualifi- cations make such an appoint- ment appropriate. Proposed Legislation ADMISSION TO CLASS 6, 7 OR 8 Sec. 516. (b) The Secretary may furnish the President with the names of those persons who have passed such examinations and are eligible for appoint- ment as Foreign Service officers of class 8, whom he recommends for appointment directly to class 7 or 6 when in his opinion, their age, experience, or other qualifi- cations make such an appoint- ment appropriate. The proposed amendment to section 516 (b) will authorize the Secretary to recommend to the President Foreign Service officer candidates who have passed all class 8 examinations and whom the Secretary considers eligible for appointment to Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -32- Sec. 516(b) class 6 on the basis of their age, experience or other qualifications. Such authority will enable the Department to attract more mature persons with advanced education and relevant experience to the Foreign Service officer category through the examination process. Under existing authority the only means of appointing such candidates who do not have prior Government experience-is by offering them an appointment as a Foreign Service Reserve officer with the ultimate prospect of a lateral appointment as a Foreign Service officer under the provisions of section 517. This has the disadvantage of offer- ing uncertain tenure and lateral entry which, of necessity, cannot be guaranteed. Persons making a basic career decision are likely to be deterred by such uncertainties. The Department, moreover, is not in the strongest competitive position in the recruitment of unusually well-qualified Foreign Service officer candidates who may now be appointed to Civil Service positions at salaries above those prescribed for class 7. For example, candidates with PhD degrees may now be appointed at the GS-11 and GS-12 level. The same holds true of competition with private employers. The Department's ability to hold out the possibility of an FSO-6 appointment in its recruitment program Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02: CIA-RDP67B00446R000600110012-1 -33- Sec. 516(b) may attract to the FSO examinations mature and able candidates who now do not apply. This authority will be used only in the case of unusually well-qualified, mature candidates, especially in staffing for those functions for which there is a shortage of qualified officers. The bulk of appointments will continue to be made at classes 7 and 8, and the experience of the Department has been that more appointments are made at class 8 than at class 7. The career principle will continue to be safeguarded by the requirement of competitive examinations administered by the Board of Examiners for the Foreign Service. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -34- Sec. 520. REAPPOINTMENT, RECALL OR REEMPLOYMENT OF FOREIGN SERVICE OFFICERS Existing Legislation Sec. 520. (a) The President may, by and with the advice and consent of the Senate, reappoint to the Service, a former For- eign Service officer who has been separated from the Service. The Secretary shall, taking into consid- eration the qualifications and experience of each candidate for reappointment and the rank of his contem- poraries in the Service, recommend the class to which he shall be reappointed in accordance with the provisions of this section. Proposed Legislation Sec. 520. (a) The President may, by and with the advice and consent of the Senate, reappoint to the Service, a former For- eign. Service officer who has been separated from the Service. The Secretary shall, taking into consid- eration the qualifications and experience of each candidate for reappointment and the rank of his contem- poraries in the Service, recommend the- class to which he shall be reappointed in accordance with the provisions of this section. Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Existing Legislation -35- Sec. 520. Proposed Legislation (b) The Secretary shall, upon application of the officer concerned, reemploy in the Service any Foreign Service officer who has separated from the Service by reason of trans- fer to an international organization pursuant to section 4 of the Federal Em- ployees International Organi- zation Service Act, 72 Stat. 959, and who has served con- tinuously in this status up to the time of his application for reemployment. c The Secretary may, in accordance with such regu- lations as he may prescribe, consider for promotion any Foreign Service officer who Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Existing Legislation -36- Sec. 520. Proposed Legislation has been separated from the Service by reason of transfer to an international organiza- tion pursuant to section 4 of the Federal Employees Interna- tional Organization Service Act, while such officer is serving with the international organization. Such promotion shall be recommended by the Secretary after the offi- cer has been reemployed pursuant to paragraph (b) of this section. (d) Any Foreign Service officer who s ;:ves with an international organization by reason of transfer pursuant to section 4 of the Federal Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -37- Existing Legislation [(b)] The Secretary may recall any retired Foreign Service officer temporarily to duty in the Service whenever he shall determine such recall is in the public interest. [(c)] Notwithstanding the provisions of [title 5, United States Code, section 62, and] title 5, United States Code, section 715a, a Foreign Service officer heretofore or Sec. 520. Proposed Legislation Employees International Organization Service Act shall continue to be subject to the obligations and limitations imposed by this Act and regulations issued pursuant thereto. The Secretary may recall any retired Foreign Service officer temporarily to duty in the Service whenever he shall determine such recall is in the public interest. fl Notwithstanding the provisions of title 5, United States Code, section 715a, or of any other law, a Foreign Service officer heretofore or Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 Approved For Release 2007/03/02 : CIA-RDP67B00446R000600110012-1 -38- Existing Legislation hereafter retired under the provisions of section 631 or 632 or a Foreign Service staff officer or employee hereafter retired under-the provisions of section 803 shall not, by reason of his retired status, be barred from employment in Federal Government service in any appointive position for which he is qualified. An annuitant so reemployed shall serve at the will of the appointing officer. Sec. 520 Proposed Legislation hereafter retired under the provisions of section 631 or 632 or a Foreign Service staff officer or employee hereafter retired under the provisions of section 803 shall not, by reason of his retired status, be barred from employment in Federal Government service in any appointive position for which he is qualified. An annuitant so reemployed shall serve at the will of the appointing officer. The proposed amendment to section 520 will re.