ADMINISTRATION OF THE DEPARTMENT OF STATE AND THE FOREIGN SERVICE, AND ESTABLISHMENT OF A FOREIGN SERVICE ACADEMY

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CIA-RDP78-03721A000400020007-7
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July 15, 1959
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REPORT
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Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 TAB Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved FA~ Al O -~j@U* ftTft&W 100Q QVg20007-7 AND THE FOREIGN SERVICE, AND ESTABLISHMENT OF A FOREIGN SERVICE ACADEMY HEARINGS SUBCOMMITTEE OF THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE EIGHTY-SIXTH CONGRESS FIRST SESSION ON S. 15, S. 109, S. 730, S. 443, S 2233, S. 106, S. 1044, S. 2232 and S. 1502 Printed for the use of the Committee on Foreign Relations UNITED STATES GOVERNMENT PRINTING OFFICID WASHINGTON : 1969 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 COMMITTEE ON FOREIGN RELATIONS J. W. FULBRIQIIT, Arkansas, Chairman THEODORE FRANCIS GREEN, Rhode Islands ALEXANDER WILEY, Wisconsin JOHN SPARKMAN, Alabama BOURKE B. IIICK: NLOOPER, Iowa HUBERT H. HUMPHREY, Minnesota WILLIAM LANGEIt, North Dakota MIKE MANSFIELD, Montana GEORGE D. AIKEl7, Vermont WAYNE MORSE, Oregon HOMER E. CAPEIIART, Indiana RUSSELL B. LONG, Louisiana FRANK CARLSON, Kansas JOHN F. KENNEDY, Massachusetts ALBERT GORE, Tennessee FRANK I. LAUSCHE, Ohio FRANK CHURCH, Idaho CARL MARCY, C hief of Staff DARRELL ST. CLAIRE, Clerk SUBCOMMITTEE ON STATE DEPARTMENT ORGANIZATION AND PUBLIC AFFAIRS MIKE MANSFIELD, Montana, Chairman WAYNE MORSE, Oregon WILLIAM LANGER, North Dakota THEODORE FRANCIS GREEN, Rhode Island HOMER E. CAPEILLRT, Indiana RUSSELL B. LONG, Louisiana GEORGE C. DENNEY, JR., Staff As$istant I Chairman emeritus. II Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 CONTENTS Statements of- Page Boyce, Richard Fyfe, DACOR----------------------------------- 186 Broy, Mrs. Cecil Norton ---------------------------------------- 182 Buell, Robert L., chairman, legislative committee of DACOR-------- 181 Hanes, John W., Jr., Administrator, Bureau of Security and Consular 155 Affairs, Department of State---------------------------------- Henderson, Hon. Loy W., Deputy Under Secretary of State for Administration: 28 On S. 15, S. 109, and S. 730--------------------------------- On S. 443 and S. 2233-------------------------------------- 1128 0 On S.106------------------------------------------------- 114 121 On S.1044------------------------------------------------ On S.1502------------------------------------------------ 168 Hughes, William P., Director, Office of Foreign Buildings, Department 121 of State ---------------------------------------------------- Alvin, vice president American Merchant Marine Institute; accompanied by Edward C. Phillips, staff of American Merchant 160 Marine Institute_______________ Shipley, Mrs. Ruth B., chairman, welfare committee of DACOR---- 184 Sparkman, lion. John, U.S. Senator from the State of Alabama___-- 179 Symington, Hon. Stuart, U.S. Senator from the State of Missouri--_- 8 Insertions for the record: Notice of hearings, Congressional Record, June 23, 1959 ------------ 2 S. 15 and executive branch comments ---------------------------- 3 S. 109 and executive branch comments--------------------------- 6 S. 730 and executive branch comments___________________________ 7 Article from the Wall Street Journal, April 13, 1959________________ 10 Memorandum on foreign language training programs for USIA per- sonnel and possible value of a Foreign Service Academy to this 13 agency----------------------- Department of State intelligence report, August 5, 1958, on Soviet language and area programs for Asia and Africa----------------- 14 Letter of July 6, 1959, to Senator Mansfield from Senator Smathers 27 on S.109--------------------------------------------------- 30 Letter and statement of July 6, 1959, to Senator Mansfield from Sen- ator Yarborough on S. 730________________ -------- ------------- S.443 and executive branch comments___________________________ 31 S. 2233 and executive branch comments-------------------------- 89 Letter to Hugh S. Cumming, Jr., Director for Intelligence and Re- search, Department of State, from John N. Thompson ----------- 104 Information on personnel action and policy within the Department 105 of State--------------------------------------------------- S. 106 and executive branch comments ---------------------------- 112 Letter of July 2, 1959, to Senator Mansfield from Senator Smathers 113 on S..106------------------------- Memorandum on State Department recognition of importance of 117 Latin American relations ------------------------------------- S.1044 and executive branch comments ---------------------------- 120 Tables on Foreign Service buildings program---------------------- 1130 54 S. 2232 and executive branch comments-------------------------- Brief from State Department on bringing fee setting for consular serv- ices to American ships and seamen under Administrative Proce- dure 165 Act-------------- Letter of July 15, 1959, to Senator Mansfield, from Alvin Shapiro on 166 consular fees------------------------------------------------ 167 S.1502------------------------------------ ---- ----- - Letter of May 27, 1958, to chairman, House Post Office and Civil Service Committee from Director, Bureau of the Budget ---------- 169 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved! For Release 1999/0 ill QIA-RDP78-03721 A000400020007-7 Appendixes: I. Letters and memorandum: (a) Exchange of letters between Senator Fulbright and Under Secretary of State Henderson r,garding Depart- ment of State policy on, assignment o." Foreign Service Page personnel----------------------- 189 (b) Memorandum on salaries and other c)mpensation for Foreign Service officers --------------------------- 198 (c) Letter to Senator Fulbright from Georg e G. Hill, secre- tary, World Peace Committee of the New York. East Conference of the Methodist Church --------------- 205 II. Questions by Senator Mansfield, and answers sup plied by Depart- ment of State---------------- 205 III. Letters relating to the establishment of a Foreign Service Academy: (a) To Senator Morse from Prof. Raymond F. Mikesell, University of Oregon---------------- 236 (b) To Senator Mansfield from Miles D. Kc nnedy, director, legislative commission of the America.i Legion ------- 237 IV. Letters and statement on S. 1502: (a) To Senator Case of New Jersey from Mrs. H. B. Hitch- cock------------------- 238 (b) To Senator Allott from Mr. Edward N. Groth--------- 238 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-,RDP78-03721A000400020007-7 ADMINISTRATION OF THE DEPARTMENT OF STATE AND THE FOREIGN SERVICE, AND ESTABLISHMENT OF A FOREIGN SERVICE ACADEMY U.S. SENATE, SUBCOMMITTEE ON STATE DEPARTMENT ORGANIZATION AND PUBLIC AFFAIRS OF THE COMMITTEE ON FOREIGN RELATIONS, Washington, D.C. The subcommittee met, pursuant to call, at 10 a.m., in the Foreign Relations Committee room, U.S. Capitol Building, Senator Mike Mansfield (chairman of the subcommittee) presiding. Present: Senators Mansfield and Aiken. Senator MANSFIELD. The meeting of the subcommittee on State Department Organization- and Public Affairs of the Committee on Foreign Relations will come to order. Today we are hearing testimony on a number of bills relating to the .administration of the Department of State and the Foreign Service, including several bills which would establish a Foreign Service Academy. I should like to begin by making a number of pertinent documents part of the record. First, I shall insert in the record the notice of these hearings which I put in the Congressional Record on June 23, 1959, and which contains a list of all the bills on which we are to take testimony. The notice is accurate except for S. 1502, dealing with annuities of retired Foreign Service officers. On the request of Senator Sparkman, the author of that bill, we are going to postpone temporarily taking testimony on that bill. I would also remind members of the committee that on April 16, 1959, a hearing was held on S. 1243 to establish standards of language proficiency and improve recruiting for the Foreign Service. I should like to announce that printed copies of that hearing will shortly be ready for distribution. Second, I shall insert in the record a copy of each bill to be con- sidered, followed by a copy of the comments of the Department of State or other executive agency on the bill or, in appropriate cases, a letter from. the Department of State in support of the bill. These will be inserted at the appropriate places as we, take up the bills grouped according to subject matter. Third, I shall insert in the 'record an exchange of letters between Chairman Fulbright and Under Secretary of State Henderson on the subject of Department of State policy on assignment of Foreign Service personnel. Fourth, I shall insert a memorandum prepared by the Department of State on the subject of salaries and other compensation for higher ranking Foreign Service officers. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 2 FOREIGN SERVICE ACT AMENDMENTS Fifth, I shall insert a letter to Chairman Fulb-ight containing an extraction from a report on improvement of recruitment and training of diplomatic personnel, which was prepared by the World Peace Committee of the New York East Conference of the Methodist Church. The third, fourth and fifth items will be inserted. in the appendix to the printed hearings. (See pp. 189-205, appendix I.) (The notice of hearings is as follows:) JUNE 23, 1959. NOTICE OF HEARINGS BEFORE THE SUBCOMMITTEE OD STATE DEPARTMENT ORGANIZATION AND PUBLIC AFFAIRS OF THE COMMIT`CEE ON FOREIGN RE- LATIONS, SENATOR MANSFIELD, CHAIRMAN Mr. President I announce that the Subcommittee on State Department Or- ganization and Public Affairs of the Committee on Foreign Relations will hold public hearings beginning on Monday, July 6, 1959, at 10 a.m. in room F-53, U.S. Capitol, on the following bills: 1. S. 443, Mr. Green (by request), January 17, 1959, to amend the Foreign Service Act of 1946, as amended, and for other purposes. 2. S. 1243, Mr. Saltonstall (for himself and Mr. Mansfield), March 2, 1959, to amend the Foreign Service Act of 1946, as amended, to establish standards of foreign language proficiency for the Foreign Service of the United States-,? and for other purposes. 3. S. 15, Mr. Symington, January 9, 1959, to provide for the establishment of a U.S. Foreign Service Academy. 4. S. 106 Mr. Smathers, January 9, 1959, to authorize an Under Secretary of State for Western Hemisphere Affairs. 5. S. 109, Mr. Smathers (for himself and Mr. Mansfiel(t), January 9, 1959, to provide for the establishment of a U.S. Foreign Service Academy. 6. S. 730, Mr. Wiley (for himself, Mr. Mansfield, Mr. Neuberger, Mr. Yar- borough, and Mr. Engle), January 28, 1959, to provide for the establishment of a U.S. Foreign Service Academy. 7. S. 1044, Mr. Fulbright (by request), February 16, 1959, to amend the For- eign Service Buildings Act of 1926, as amended. 8. S. 1502, Mr. Sparkman, March 23, 1959, to provide for adjustments in the annuities under the Foreign Service retirement and disa)ility system. 9. S. 2232, Mr. Fulbright (by request), June 23, 1059, to repeal section 12 of the act of June 26, 1884, prohibiting a charge or collection of fees by consular officers for official services to American vessels and seamen, and to repeal the provision in the act of June 4, 1920, authorizing the free i isuance of passports to seamen. 10. S. 2233, Mr. Fulbright (by request), June 23, 1959, to amend the Foreign Service Act of 1946, as amended. (Matters in addition to those covered in S. 443.) The subcommittee will take such time as may be necessary to hear all those who wish to be heard on these bills. I should think the hearing; might last 2 or 3 days. Depending upon the number of witnesses who ask to tes My, the subcommittee reserves the right to limit the time available for oral prersentations, but written statements of reasonable length will be received for the record. ORDER IN WHICH BILLS ARE TO BE CONSIDERED Senator MANSFIELD. Unless there are objections, I plan to proceed in taking up the various bills we are considering today in the following order: (1) Bills pertaining to the establishment of a Foreign Service Academy, (2) bills which would amend the Foreign Service Act of 1946, (3) the bill to authorize an Under Secretary of State for Western Hemisphere Affairs, (4) amendments to the Foreign Service Building Act, and (5) the bill relating to the collection Af fees by consular officers. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 3 BILLS RELATING TO ESTABLISHMENT OF FOREIGN SERVICE ACADEMY (S. 15, S. 109, and S. 730, together with executive branch comments on each, follow:) IS. 15, 88th Cong., Ist sess.] A BILL To provide for the establishment of a United States Foreign Service Academy Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That this Act may be cited as the "United States Foreign Service Academy Acts'. SEC. '2. The Secretary of State is authorized and directed to establish and main- tain, in the middle western region of the United States, a United States Foreign Service Academy (hereinafter referred to as the "Academy") for the instruction and training of foreign representatives of the United States Government. SEC. 3. The Secretary of State may appoint or assign such officers and civilian instructors as the needs of the Academy require. SEC. 4. The supervision and charge of the Academy shall be in the Department of State, under such officer or officers as the Secretary of State may appoint for or assign to that duty, and under such regulations as the Secretary of State may prescribe. SEC. 5. In the operation of the Academy the Department of State shall work in conjunction with the Board of Trustees. Sic. 6. (a) The Board of Trustees shall consist of- (1) the Secretary of State; (2) two educators of prominence appointed by the President; (3) two Members of the United States Senate, of different political parties, appointed by the President of the Senate; and (4) two Members of the House of Representatives of different political parties, appointed by the Speaker of the House of Representatives. (b) Members of the Board of Trustees shall be appointed for two-year terms and shall be eligible for reappointment. SEc. 7. (a) The authorized. number of students at the Academy shall be as follows : (1) four students from each State, two nominated by each Senator from the State; (2) two students from each congressional district, nominated by the Re resentative from the district; 3) two students from the Territory of Ilawaii, nominated by the Delegate in Congress from the Territory; (4) two students from Puerto Rico, nominated by its Resident Com- missioner; (5) three students from the District of Columbia, one nominated by each of the Commissioners of the District of Columbia; (6) one hundred and twenty-seven students from the United States at large- (A) one nominated by the Governor of each State; (B) seventy-five nominated by the President: and (C) three nominated by the Vice President. (b) No person may be nominated under clauses (1) to (6), inclusive, of sub- section (a), unless he is domiciled in the State or Territory, or in the congressional district from which he is nominated, or in the District of Columbia or Puerto Rico, if nominated from one of those places. (c) If as a result of redistricting a State the domicile of a student, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, he shall be charged to the district in which his domicile so falls. For this purpose, the number of students otherwise author- ized for that district shall be increased to include him. however, the number as so increased shall be reduced by one if he fails to become a student at the Academy or when he is finally separated from the Academy. Sue. 8. In order to permit an orderly increase in the number of students at the Academy during the period ending not more than four years after the entrance of the initial class at the Academy, the Board of Trustees may limit the number of students appointed each year during such period. SEc. 9. The Academy shall operate as a coeducational institution and students shall be appointed thereto on the basis of merit, as determined by a competitive examination to. be given annually in each State and Territory, the District of Columbia and the Commonwealth of Puerto Rico, at such time, in such manner, Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 4 FOREIGN SERVICE ACT AMENDMENTS and covering such subject matter as the Secretary of State may prescribe. Stu- dents shall be appointed in the order of their merit as established by such exami- nation. SEC. 10. The students of the United States Foreign Service Academy shall receive the same pay and allowances as are received by ci.dets at West Point. SEc. 11. The course of instruction and training for studonts at the Academy shall be prescribed by the Secretary of State, and shall be ,he equivalent of the curriculum prescribed by accredited colleges and universities as a prerequisite to the granting of the degree of bachelor of arts. In prescribing such course of instruction and training, the Secretary of State shall provide that special emphasis be placed on the study of the history, culture, customs, folk.ore,.and language or languages of the nations in which cadets may serve and pr( vide for field studies in such nations. The Academy may arrange to assign temporarily selected students to the Air, Military, and Naval Academies of the United States for instruction in military observation. Upon satisfactory completion of the pre- scribed course of instruction and training, students shall be granted the degree of bachelor of arts. SEc. 12. Each student selected for admission to the Academy shall sign an agreement that, unless sooner separated, he will- (1) complete the course of instruction at the Academy; and (2) accept an appointment and service, as an of&cei- or employee of the United States in any position, for which he is qualified by reason of his special training at the Academy, for at least the three years immediately following the granting of his degree from the Academy. SEC. 13. (a) The course of study at the Academy shall, during each year of its operation, be organized as follows: (1) the months of September to May, inclusive, shall be devoted to class- room instruction of students at the Academy; (2) the period from June 1 to June 30, inclusive, shall be devoted to annual leave for all students; (3) the months of July and August shall be devoted to practical field train- ing for students at the Academy. (b) Such field training shall consist of assigning students for service positions under appropriate departments of the Government, wheth ;r within or outside the United States, by a faculty board on field training, with the approval of the Secretary of State. SEc. 14. (a) Each graduate of the Academy shall be available forappointment as an officer or employee of the United States, in any position for which he is qualified by reason of his special training at the Academy, in accordance with the following priorities: (1) the Department of State; (2) the Department of Commerce; (3) the Department of Agriculture; (4) the Department of the Treasury; (5) the Department of Health, Education, and Welfa ~e; and (6) any other department, agency, or instrumentality )f the United States. (b) The Secretary of State may, notwithstanding any pro' ision of the Foreign Service Act of 1946, appoint a graduate of the Academy as an )fficer in the Foreign Service of the United States. SEc. 15. (a) There are authorized to be appropriated su,h sums as may be necessary to carry out the provisions of this Act. (b) The United States Foreign Service Academy shall have power to acquire and hold real and personal property and may receive and accept gifts, donations, and trusts. Hon. J. W. FULBRIGET, Chairman, Committee on Foreign Relations, V.S. Senate. DEAR SENATOR FULBRIGHT: I refer to Mr. Marcy's letter of January 14, 1959, enclosing a copy of S. 15 introduced by Senator Symington in January 9, 1959, to provide for the establishment of a U.S. Foreign Service Academy, and requesting the comments of the Department of State on this bill. The subject of the establishment of a U.S. Government institution for the purpose of preparing officers for the Foreign Service has be 3n carefully studied in the Department of State for a number of years and has gain been receiving Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 K?3 J ?1A000400W0007-7 Approved For Release R 8 viS lAT4RRfF close scrutiny. This, I might add, is accountable for the delay in replying to the inquiry regarding S. 15. It has been, and continues to be, the opinion of the Department that the. requirements of the Foreign Service are best met by the recruitment of officers from widely varied backgrounds of education and experience. The responsi- bilities of the Service fall into no set pattern and are of a nature that require a high degree of initiative and individual thought. The Department believes that a standardized course of training, especially on the undergraduate level, might tend to create a uniformity which would inhibit to some degree these qualities and prove a handicap rather than an advantage to an officer in coping with the type of problems which he would encounter during his career. The Department, as you know, is deeply concerned with the question of the training of its officers and seeks every opportunity to improve this program. It is still of the conviction, however that an undergraduate academy would not be adaptable to the needs of the 'Foreign Service and it cannot recommend the enactment of S. 15. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, WILLIAM B. MACOMBER, Jr., Assistant Secretary (For the Secretary of State). U.S. DEPARTMENT OF LABOR, OFFICE OF THE SECRETARY, Washington. Chairman, Committee on Foreign Relations, ,U.S. Senate, Washington, D.C. DEAR SENATOR FULBRIGIIT: This is in further response to Mr. Marcy's re- quest for our comments on S. 15, a bill to provide for the establishment of a U.S. Foreign Service Academy. S. 15 would direct the Secretary of State to establish an undergraduate Academy to train foreign representatives of the U.S. Government and would create priori- ties among the executive departments in the employment of graduates of the Academy. The Department of Labor is particularly interested in the representation of the United States in foreign labor affairs and recognizes the importance of develop- ing capable personnel. However, we also consider it important that our repre- sentation in foreign countries reflect a wide cross section of American life and culture, and selection of personnel from a number of colleges and universities tends to assure such diversity. Placing students in a specialized training institu- tion at the beginning of their college careers might not be consistent with this Objective. We also question the desirability of creating priorities in the employment of graduates of the proposed Academy. In the usual course of college studies, undergraduates are permitted a measure of concentration in fields of special in- terest to them, and it is anticipated that under the proposed legislation some students could obtain special training in labor affairs. We believe that these students should be available for appointment in the Government agency which can best utilize their special training rather than according to a specific priority system. If priorities are provided, however, the Department of Labor should receive a priority appropriate to its position as one of the four Departments with statutory membership on the Board of the Foreign Service. In view of the importance of labor affairs in our foreign relations, we are of the opinion that the curriculum referred to in section 11 should be broadened to in- elude specifically the problems and aspirations of foreign workers. The Bureau of the Budget advises that there is no objection to the submission Of this report. JAMES T. O'CONNELL, Under Secretary of Labor. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approves For ReleasFf9168Y :A'fi3P7'3721A000400020007-7 [S. 109, 86th Cong., 1st sess.] A BILL To provide for the establishment of a United States Fc reign Service Academy Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "United States Foreign Service Academy Act". SEC. 2. The Secretary of State is authorized and directed to establish and maintain, in or near the District of Columbia, a United States Foreign Service Academy (hereinafter referred to as the "Academy") for the instruction and training of diplomatic cadets in preparation for service is officers in the Foreign Service of the United States. SEC. 3. (a) The Academy shall be under the general supervision of the Director General of the Foreign Service Institute and under such -egulations as the Secre- tary of State may prescribe. (b) The course of instruction and training for diplomatic cadets at the Academy shall be prescribed by the Secretary of State and shall be the equivalent of the curriculum prescribed by accredited colleges and univers ties as a prerequisite to granting of a master's degree. Upon satisfactory completion of the prescribed course of instruction and training, diplomatic cadets sha l be granted a master's degree.. (c) The Secretary of State may appoint or assign such officers and civilian in- structors as the needs of the Academy require. SEC. 4. (a) The corps of diplomatic cadets shall consist of such individuals as may be selected and admitted to the Academy upon competitive entrance exami- nations as prescribed by the Secretary of State. (b) Diplomatic cadets while in attendance at the Academy shall be entitled to quarters and subsistence. SEC. 5. There shall be appointed each year a Board of 1isitors to the Academy which shall consist of five members from the Committee on Foreign Relations of the Senate and five members from the Committee on Fore gn Affairs of the House of Representatives, to be appointed by the respective chairsaen of such committees. The Board of Visitors shall exercise the same functions and be entitled to the same expense allowance as is provided in the case of the Board cf Visitors to the United States Military Academy. SEC. 6. Each diplomatic cadet selected for admission to the Academy shall sign an agreement that, unless sooner separated, lie will- (1) complete the course of instruction at the Acad,lny; and (2) accept an appointment and service, as an officer in the Foreign Service for at least the three years immediately following the granting of his degree from the Academy. SEC. 7. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Hon. J. W. FULBRIGB:T, MAY 27, 1959. Chairman, Committee on Foreign Relations, U.S. Senate. DEAR SENATOR FULBRIGHT: I refer to Mr. Marcy's letter's of January 14, 1959, and January 29, 1959, enclosing copies of S. 109 and S. 730 introduced by Senator Smathers and Senator Wiley, respectively, providing for the establishment of a U.S. Foreign Service Academy, and requesting the comments of the Department of State on these bills. The question of establishing a U.S. Government institution for the purpose of preparing officers for the Foreign Service is one to which the Department has devoted much thought and consideration. During recent months it has again received close study and particular attention has been given the proposal included in S. 109 and S. 730, that the Academy be established on t e postgraduate level. It is to this prolonged consideration and discussion that our delay in replying to these inquiries may be attributed. I know that you are aware of the serious importance -which the Department attaches to the training of its officers. We are continlally endeavoring to improve our training programs. During recent years, with the help and counsel of the Congress, considerable progress has been made in this field and we believe that the results are increasingly evident. Through the fm ilities of the Foreign Service Institute, of colleges of the armed services, and of various private educa- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release1%9 /QN2Z CdA 7*M721A00040b020007-7 tional insitutions, the qualifications of our officers are being raised each year. This is especially true in the linguistic field. The Department agrees that a postgraduate academy designed to train young men and women prior to their entrance into the Foreign Service would offer a certain number of advantages. Before assuming the responsibilities connected with establishing and conducting the operation of such an academy, however, the Department would prefer to obtain more experience with the training facilities already available to it and to ascertain the qualifications of the young men and women coming into the Service from our colleges and universities, which are augmenting and improving their training-facilities. After we have experienced the results of our close cooperation with our institutions of higher learning, and of the progress made by the Foreign Service Institute, we shall be in a better position to make recommendations regarding the establishment of a U.S. post- graduate academy. The enactment of S. 109 and S. 730 cannot, therefore, be recommended at this time. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, WILLIAM B. MACOMBER, Jr., Assistant Secretary (For the Acting Secretary of State). IS. 730, 86th Cong., 1st sess.] A BILL To provide for the establishment of a United States Foreign Service Academy Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "United States Foreign Service Academy Act". SEC. 2. The Secretary of State is authorized and directed to establish and maintain, in or near the District of Columbia, a United States Foreign Service Academy (hereinafter referred to as the "Academy") for the instruction and training of diplomatic cadets in preparation for service as officers in the Foreign Service of the United States. SEC. 3. (a) The Academy shall be under the general supervision of the Director General of the Foreign Service Institute and under such regulations as the Secre- tary of State may prescribe. (b) The course of instruction and training for diplomatic cadets at the Academy shall be prescribed by the Secretary of State and shall be the equivalent of the curriculum prescribed by accredited colleges and universities as a prerequisite to granting of a master's degree. Upon satisfactory completion of the prescribed course of instruction and training, diplomatic cadets shall be granted a master's degree. (c) The Secretary of State may appoint or assign such officers and civilian in- structors as the needs of the Academy require. SEC. 4. (a) The corps of diplomatic cadets shall consist of such individuals as may be selected and admitted to the Academy upon competitive entrance exami- nations as prescribed by the Secretary of State. (b) Diplomatic cadets while in attendance at the Academy shall be entitled to quarters and subsistence. SEC. 5. There shall be appointed each year a Board of Visitors to the Academy which shall consist of five members from the Committee on Foreign Relations of the Senate and five members from the Committee on Foreign Affairs of the House of Representatives, to be appointed by the respective chairmen of such committees. The Board of Visitors shall exercise the same functions and be entitled to the same expense allowance as is provided'in the case of the Board of Visitors to the United States Military Academy. SEC. 6. Each diplomatic cadet selected for admission to the Academy shall sign an agreement that, unless sooner separated, he will- (1) complete the course of instruction at the Academy; and (2) accept an appointment and service, as an officer in the Foreign Service for at least the three years immediately following the granting of his degree from the Academy. SEC. 7. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approve8l For Releasagift9i A I pM7ER3721A000400020007-7 U.S. DEPARTMENT OF LABOR, OFFICE OF THE SECRETARY, Hon. J. W. FuLBRIOHT, Washington, May 27, 1959. Chairman, Committee on Foreign Relations, U.S. Senate, Washington, D.C. DEAR SENATOR FuLBRIOHT; This is in further reply to Mr. Marcy's request for our views on S. 730, a bill "to provide for the establishment of a United States Foreign Service Academy." The general purpose of the bill is similar to that of S.: 5 with respect to which we have previously transmitted our views to the Committee. However, the subject bill differs from S. 15 in that, among other things, it dogs not prescribe specific subjects for study and would create an academy limited to providing training for a graduate master's degree. Also, the bill creates no prio -ities among the various Departments and agencies with respect to the employment of graduates. Accord- ingly, the questions which we raised with respect to these features of S. 15 would not appear to be applicable to the subject bill. We recognize the importance of securing capable and properly trained personnel for the Foreign Service, and necessary measures which wculd effectively promote this objective have our support. The desirability of creating a Federal academy of the kind provided for in the bill would therefore appear to depend to a large degree upon the ability of private and State colleges and universities to attract qualified students for training toward Foreign Service carvers and to provide edu- cational programs that adequately prepare them for s ich careers. For this reason, we would prefer to leave further comment to thcse agencies having the widest knowledge of the limitations and potentialities of existing educational facilities. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, JAMES T. O'CONNELL, Under Secretary of Labor. (See also pp. 6-7 for letter of May 27, 1959, to Senator Fulbright from William B. Macomber, Jr., Assistant Secretary of State, on S. 109 and S. 730.) Senator MANSFIELD. The first witness, on his bill to establish a Foreign Service Academy, is our distinguished colleague, the Senator from Missouri, Senator Symington. STATEMENT OF HON. STUART SYMINGTON, U.S. SENATOR FROM THE STATE OF MISSOURI Senator SYMINGTON. Thank you, Mr. Chairman. May I proceed with a short statement? Senator MANSFIELD. Surely. Senator SYMINGTON. Mr. Chairman, I want to thank you for this opportunity to appear before your committee in sipport of my bill, S. 15, to establish a U.S. Foreign Service Academy. I am sure the Foreign Relations Committee study of the various proposals in this important field will be most productive, and I hope the Congress will soon act to establish such a school. UNDERGRADUATE SCHOOL TO TRAIN FOR GOVERNMENT CAREER IN OVERSEAS SERVICE The bill I introduced last January would establish a 4-year under- graduate school for the training of our overseas reprf sentatives. Graduates of this school would be available for thy; Foreign Service, for work in the State Department, and for assignments with any. other agencies of the Government which represent is abroad. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release I ~P,, 8?Zvi&I,tU, 1A0004004,b20007-7 Appointment to such an Academy would be made on the basis of competitive examinations; and on an allocation similar to that of our three military service academies. The curriculum of the Academy should, of course, evolve from experience rather than be established at the outset through legislation. It would seem, however, that the courses of study might well be oriented toward liberal arts, with special emphasis on the study of the history, culture, customs, and languages of the area in which the student was planning to serve. Field studies in these countries in the summer months would be a valuable part of this training. It would be important for the training in the Academy to be as broad as possible. With proper supervision, judicious selection of faculty, and the use of visiting professors, the students should be able to achieve the necessary flexibility of skill and viewpoints that our representatives overseas should have. ADVANTAGES OF FOREIGN SERVICE ACADEMY The establishment of an Academy of this character would have many advantages. First, it would result in our sending better trained:representatives to foreign countries. Second, it would provide a much broader opportunity for American young people interested in serving their country abroad. And, third, it would provide our Government with a pool of well- trained personnel with a specialty which could be effectively utilized. Most important, it would put the training and recruitment of For- eign Service officers on a far sounder basis. In the military service academies we have seen that the experience of a 4-year training pro- gram, with students of common interests living together, results in a spirit and dedication that can only operate to the benefit of our country. The United States is, and for a number of years has been, engaged in a protracted conflict with the Sino-Soviet Communist conspiracy. This conflict will continue for a long time. We are now operating three military academies, training our youth to lead us in case we are attacked in a hot war. Surely we can afford and should promptly provide a Foreign Service Academy to train our youth for the cold war in which we are being attacked economically, politically, and psychologically. The training we provide in a Foreign Service Academy would be of great benefit not only in combating communism, but also in show- ing the world the opportunities that exist for a better life through freedom and democracy. So often it is asked, "What do the peoples of the world want?" To live in freedom and be treated with dignity; to have a better standard of living and medical care, and an opportunity to provide for themselves and their families in a world of peace. These are the things that Americans have been working on for years. If we can sell our way of life abroad, we can win this conflict. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approvgbl For Rele %1%92Z9~17 : CIA-RDP78-03721A000400020007-7 E ACT AMENDMENTS U.S. TRAINING OF DIPLOMATIC PERSONNEL COMPARED TO THAT OF OTHER COUNTRIE: Our failings in this area, to date, have not corn from lack of effort. .Our overseas representatives, for the most part, ar( dedicated and hard working. However, we have not kept up with other countries in recruiting and training a skillful force of career fo ?eign servants. Mr. Chairman, I ask at this point to insert ir. the record certain information about the training programs in other 3ountries, including our Russian competitors. This would include a report in the Wall Street ,Journal of April 13, a report from the Legislative Reference Service, and an intelligence re- port from the Department of State on Soviet language and area programs. Senator MANSFIELD. Without objection, so ordered. (The documents referred to follow:) [From the Wall Street Journal, Apr. 13, 1959] PEOPLE PROBLEM OF U.S. ABROAD-IT'S HARD To FIND COMPETENT AMERICANS FOR SOUTHEAST ASIA ALONE (By Vermont Royster) RANGOON.-U Hla Myint, until 6 months ago, was a quiet Oxford don trying to give a sense of history to a new generation of students, including many Ameri- cans. Today, answering the call of patriotism, he is back here in his native Burma as the head of the University of Rangoon. In neighboring Thailand, Pote Sarasin, descendant of one of the noble families of old Siam, has emptied his office of the legal tomes he o ice studied at Temple Bar, that scholarly cloister where, since before the days of 'lord Coke, the British have trained their best legal minds. Today his bookshel-,,es are lined with the plans and directives of the military alliance of the Southea:+t Asia Treaty Organi- zation, over which he presides as Secretary General. In what used to be Indochina, Vu Van Thai, a native of tl.e Communist-overrun city of Hanoi, is a graduate of the Sorbonne who spent some 16 years as an engi- neer in Europe. Today, caught on a spoke of fortune whi h has already lost his father to Red assassins, he has come home to serve in the Cabinet of the Republic of Vietnam. These three, from three different countries, each in his separate way represents a small group of people whose importance to southeast Asia is far out of propor- tion to their numbers. These are the people with whom Americans abroad must work. They are, at one and the same time, the best hope for U.S. policy in this part of the world and also one of the biggest problems for U.S. policymakers overseas. HOPE AND TROUBLE The hope lies in the fact that they are Western educal ed, Western oriented, and hold key positions of influence as leaders and opinion molders. Through them the United States has its best chance to persuade thm minds of Asia. The trouble comes from the fact that they are, all too cften, better educated, more at home in the world and more knowledgeable of its ways, than the American emissaries sent out from Washington to rub off a little civilization on the "back- ward peoples." So one of the results of their meeting is a clash of minds and a resentment both ways. Too many Americans-and this one can be included-came to southeast Asia with preconceptions that are only half-truths. They are piepared by their movie travelogues and their guide hooks for the backwardness, the slowness of the people, the poverty and the ignorance, all of which exist. They are thus caught by surprise to find that in each of these countries, from Vietnam around to Burma, there is an elite whose members need not take a back seat to anyone in education or ability. And far too many Americans, being thus surprised, are unwilling or unable to adjust to the fact that these people have as much to teach as they have to learn. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A00000020007-7 ICE ACT AMENDMENTS E V R REIGN S Nothing is more explosive than one man's evaluation of others; nothing more fraught with controversy than the subject, brought to public attention in such books as "The Ugly American," of the caliber of our civil servants abroad. So what follows must be a purely personal appraisal, subject to all the failings sub- jectively is heir to. For tbat reason it would be unfair to single out names and offices, to pillory a few people simply because they happened under a wandering visitor's eye. Yet the incidents of a 7-week journey which build the impressions are real. There was the U.S. Information Officer, 18 months in his post, who did not even know the location of the foreign office in the country on which he was supposed to be a political expert. Worse, he was totally unembarrassed by his ignorance, as if it were a matter of no consequence that he had never been inside the place. Or there was the economic adviser in the International Cooperation Adminis- tration mission who could not pronounce the name of the new economics minister, could not spell it, knew nothing about the man, and was surprised that the visitor was interested. Or the urban planning adviser, also attached to ICA, who complained his pro- gram would be "much further along" except that the native authorities stub- bornly-his word was "mulish"-did not take his advice. The incidents could be multiplied endlessly. There was the librarian of the U.S.-sponsored local library, for example, who explained the preponderance of English-language publications on the grounds that "foreign books," that is those in the native language, were harder to catalogue, more difficult to recommend to readers. It seemed a small matter that this limited the library mainly to English- speaking natives. Of course there were also completely different encounters. There was the American ambassador who, taking pity on it dinner guest caught between two non-English-speaking ladies, could and did interpret between them in Chinese, the lingua franca of southeast Asia. And the eager, young Foreign Service officer who showed his energy at digging into the country by the scope of his luncheon list. And the consul general who could talk about his accredited country with interest, knowledge, and penetrating insight. It's hardly fair to imply, either, that all the bumbling Americans are in Gov- ernment service. By and large the representatives of American business in the area try harder to establish ties with the local people; it's dollars and cents to them. But the modern version of the Arkansas Traveler is not absent, nor the tourist right out of Mark Twain's "Innocents Abroad," and a cringe is where you find it. Yet the qualifications and the exceptions do not diminish the problem, and when all is said it is still the Government people who have the greatest impact on these countries. All too often the quality of them subtracts from other gains to U.S. interest; sometimes it cancels them out altogether. Consider the situation with a man like Vu Van Thai, for example, or U Hla Myint. Vu Van Thai speaks his native language, French, like a native, and in English is more articulate than many native Americans. U Illy Myint, also multilingual, may be short in educational methodology, but Oxford very likely gave him as good an education as State Normal College. But such men are called upon to deal with Ameircans who are not always even one-language men-"the plan is to correlate the educational sequence from ele- mentary through graduate school and phase out the program by 1961 and they are forced to meet them on subservient terms. After all, the Americans have the money. This language matter, let it be said, can be vastly overdone in criticism. Lan- guage proficiency is not necessarily essential, and anyway, it would admittedly be a lifetime's work to learn all the languages of southeast Asia. Certainly there are other qualifications more important in a public servant than the ability to speak the local language. IT'S SYMPTOMATIC Nonetheless, the inability to speak either the local language or some other, such as French or Chinese, that can serve as a bridge, does imprison the Ameri- can. He can exchange ideas readily only with the local people who speak English; much of the confusion, frustration, and misunderstandings in our foreign aid pro- gram stem from just this thing. Beyond that, the frequent lack of any knowl- edge of the language whatever (even such phrases as "Thank you") bespeaks a e deficiency is simply symp- a lan Th g gu e general lack of interest in the country. tomatic of something more important. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN . SERVICE ACT AMENDMENTS Here the reporter, to be fair, must make some distinctions. By and large the professional career people in the Foreign Service encountered along the way do, seem to bring a certain basic competence to their jobs and take at least elemen- tary steps to establish a rapport with the people o;' their accredited countries. Some are really impressive. But the foreign aid pers~rnnel in the U.S. operations missions, as another generalization, are unimpressive, And many U.S. informa- tion personnel leave a bad impression. One reason for this, if a personal opinion may be ventured, lies in the sources from which some of the U.S. personnel abroad, exce ?t the Foreign Service, are drawn. Take one old acquaintance, met unexpectedly aloi.g the way. Back in 1935 or thereabouts he was working for the old Resettlement Administration, of New Deal days. Since then he has moved from one temporary Government agency to another RA giving way to O W M and OW M to OPS, as each in turn disappeared. Now he's with USOM in a distant corner of southeast Asia. It would be surprising if he took any real interest in the country he inhabits, its langua~e, its customs, its ways of doing things. What interests him is the "program, ' or rather the particular part of it on which he must write reports. USOM may disappear soir.eday, and he'll need another job in an alphabetical agency. It's a revelation, too, to look at the file cabinets full of reports emanating from our foreign aid mission which fill just one small office of one department of one of the countries we are aiding. The local official point ed them out to this visitor with a smile, but it was a sad smile. The Americans of this group too often come out here full of fright about the typhoid water and cholera-laden lettuce. They tend to congregate in "settle- ments," complaining about the mosquitoes and the dirty floors of the pagodas, centering their lives about the ICA equivalent of the PX, and enjoying their servants while they serve out their 2- or 3-year term. FEW COMMON INTERESTS In the nature of things, not many of them can have -,lose associations with the nationals of the country. Quite apart from the langua;e barrier, they have little in common with the majority of the natives who are---just like the guidebooks say-poor and ignorant. At the other end of the spec ;rum the educated elite of the country have little in common with many of these Americans. The average American, especially if he's a moviegoer, s apt to expect the grand- son of the Little Prince in the "King and I" to look like Yul Brynner and use phrases like "is a puzzlement." But he would be hare. put, even with his A.B., to hold his own with that grandson, H.R.H., the Prince Viwat, Oxford graduate, in a discussion of monetary theory, comparative philosDphy or the development of the Sanskrit alphabet. He might even find himself more taught than teaching if he called at the Prince's bank to discuss a credit question. Though the number of such men in these countries is small, it is not minute. U San Lin, president of the Union Bank of Burma, is another Oxford man; the Thailand Ministry of Finance couples Nai Jote Birmingham University, and Dr. Serm Vinicchayakul, University of Paris; ~ecretary Thuan of Vietnam's, presidential staff bears a Ph. D. in economics from Geneva. And the list could. be readily enlarged. These men are not averse to both help in dollars ar.d technical aid for their country from the United States. But they are not happy to be called to sit at the feet of Westerners who feel themselves superior, and yet to whom, after a few minutes' conversation, these Asians feel themselves equ?,1 or superior. And explain it as you will, it is still unfortunate. For the men of this caliber in these countries are men who can do the most good for t .ie United States and for Western viewpoints. Indeed, by education and background they are already pro-Western. Somehow, and in some fashion, the United States must cultivate them, not alienate them with ignorance, disinterest, and poor manners. The answer is not easy. Perhaps it is impossible, so lung as we try to flood all these countries with American advisers. If men are to be found who can lift up these "backward countries" they must come from among just such local people as the engineer from Hanoi, the barrister from Bangko c and the educator from Rangoon. Certainly it is a tall order even for America to find enough Americans competent to remake all of southeast Asia, much less the world. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08'f ? C - 721A000499020007-7 FOREIGN S C1; THE LIPRARY OF CONCRESS, LECISLATIVE REFERENCE SERVICE, Washington, D.C., May 96, 1959. To: Hon. Stuart Symington. From: Foreign Affairs Division. Subject: Foreign language training programs for U.S. Information Agency personnel and possible value of a foreign service academy in this Agency. The USIA provides the opportunity for a small number of its staff to receive full-time foreign language training each year. The Agency feels that the need for officers with foreign language proficiency greatly exceeds the present number available and it is expected that the language-training program will be expanded gradually over the coming years. The major reasons why language needs have not been met appear to be lack of incentives to learn the more difficult exotic tongues coupled with the fact that most posts in the Far East, Middle East, and Africa are considered hardship posts. At the same time it is apparent that a foreign service academy could be useful to the USIA at this and related points. The USIA has authorized full-time foreign language training for about 60 to 70 members of its staff each year since July 1, 1956. Before that date language training was provided only on a part-time basis at some overseas posts. Part time instruction also continues today. "Full time" training means 6 to 8 hours per day with courses running from 4 months for most of the Romance languages to as long as 30 months for Chinese and Japanese. During fiscal year 1959, 87 USIA personnel have been enrolled in full-time foreign language courses. The number studying each language follows: French, 10 Thai, 4 Turkish, 2 Spanish, 10 Vietnamese, 3 Burmese, 1 Arabic, 8 Czechoslovakian, 2 Hausa, 1 German, 8 Hungarian, 2 Italian, 1 Japanese, 8 Indonesian, 2 Persian, 1 Korean, 2 Rumanian, 1 Hindi, Chinese, 4 7 Polish, 2 Russian, 1 H test at the beginning of the course and also one which determines their current knowledge, if any, of the foreign language. A proficiency test is given at comple- tion of the course. It is expected that students can acquire a good working knowledge of the language during the course and recent test scores show that a majority of the students are successful. At present, most of the course work is taken at the Foreign Service Institute (FSI) in Arlington, Va., or at the FSI overseas field schools. The FSI provides foreign language training to Federal Government officers in all departments dealing with foreign relations though it was established to serve primarily Foreign Service officers. On September 30, 1958, there were 65 USIA staff enrolled in foreign language courses. Of this number 38 were attending the FSI and 11 were at FSI field schools. However, the remaining 16 were studying at univer- sities, colleges, or commercial language schools. It is reported that the non- Government schools were used because the FSI did not offer the needed languages that year or because advanced training was required. In some cases only one or two personnel need training in a particular language, such as Hausa, or Swahili and it has not seemed financially practicable to employ a special teacher for so few students. The USIA and a Foreign Service Academy.-With the expanding need for extend- ing foreign language training to Federal employees it is possible that a Foreign Service Academy might soon find it financially possible to provide Government facilities for training even in the less frequently taught foreign languages. This would eliminate the necessity of using colleges and commercial training schoolss The possibility of providing some USIA staff with opportunities for intensive geographic area study is perhaps a much greater potential value of the proposed Foreign Service Academy to the USIA. At present each new USIA officer re- ceives an 8-week training program, plus Agency orientation, before his first assign- m.ent. This training consists of four 2-week courses in American civilization; communism, communications, and area study. Area study consists mainly of interviewing at the State Department, CIA, and other Government agencies in the country or area to which the new staff member will be assigned. 43120-59--2 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 ApprovefiFor ReleaMR19 9/ rE: CIA-RDP78 03721A000400020007-7 Discussions which I have had with USIA training personnel elicited a strong feeling on their part that the absence of intensive area . tudies were a serious gap in:the Agency's training program. At the present time it is possible in only rare instances to send a USIA man to a college or universit-r to undertake prolonged study of the politics, culture, history, etc., of the area to ' which he will be assigned. A Foreign Service Academy could provide for the area training of many more USIA professional staff. Equally significant, the establis iment of a Foreign Serv- ice Academy that trained USIA staff as well as State De )artment Foreign Service officers would give increased recognition to the fact that USIA is becoming an important and permanent instrument of U.S. foreign po..icy. ARTHUR H. DARKEN. SOVIET LANCLIACE AND AREA PROGRAMS FOR ASIA AND AFRICA I I. MAJOR TRENDS The following conclusions regarding Soviet training and research programs on the languages and areas of Asia and Africa can be di awn from existing infor- mation. (1) The Soviet language and area training programs now in existence are of modest size. (2) However, Soviet training and research programs ire growing with speed. These programs began their recovery by 1950 following wartime neglect, received fresh impetus after the February 1956 Soviet Party Congress. (3) The generally high level of language and area competence of Soviet diplomatic officers stationed in Asian and African countres attests to the quality of training offered by the leading Soviet institutions. (4) Technical assistance personnel serving abroad usual] y have not had language and area training, but propaganda has exploited exceptional instances in order to create an impression that the U.S.S.R. has large nummrs of language-trained technicians available. (5) The experimental program of teaching exotic languages in Soviet 10-year schools has not yet had any effect upon Soviet operations abroad. Soviet au- thorities appear to regard the program as successful and have taken steps to expand it further. Should the program continue to grove at its present rate, the U.S.S.R. in a decade or two would have a supply of hundreds of individuals who could combine exotic-language proficiency with a variety of trades and professions. (6) Along with the growth in the size of Soviet research and training programs there has been increasing emphasis upon those aspect:; which might support Soviet operations. In language training the spoken language is stressed while in research contemporary topics or topics with contemporary implications are the rule. (7) Increasing investment in training, research, and publication facilities points to prolonged growth of Asian and African studies in the U.S.S.R. (8) Hasty generalizations about the quality of Soviel research on Asia and Africa should be avoided. A small but growing portion )f the total is excellent work which is praised by Western experts for its scholarship and objectivity. Some Soviet publications are outright propaganda with no pretentions to scholar- ship. Between the two extremes are books and articles which contain varying combinations of objectivity and Marxism. (9) The Eastern European countries are slowly begi fining to expand their research programs along the lines of Soviet developments. Soviet diplomatic personnel are generally well-trained it the language and area of the country to which they are assigned; Soviet technical assistance personnel are not. I Department of State, Intelligence Report No. 7783, August 5, 1958. T lis is an initial report on the status of Asiau and African language and area training in the U.S.S.R. and )',astern Europe. It is as com- prehensive a survey as could be presented on the basis of information available from a variety of sources. However, it admittedly has gaps In matters of detail, and these will be filled in in insubsequent reports as warranted by new information and new developments. This report was prepared from information available through August 5, 195, t, by the Division of Research and Analysis for the Soviet Union and Eastern Europe with the cooperation o'the Division of Research and Analysis for the Near East, South Asia, and Africa and the Division of Research and Analysis for the Far East. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For ReleaseOR 999/ / 7E:Ac1AA 7N9?721A00040020007-7 Diplomats.-The high level of language and area competence of some of the younger Soviet diplomatic officers is evidence of the high quality of training offered by the best Soviet institutions. Before arriving at their posts, Soviet diplomats for the most part have had at least some training on the area and usually not less than a fair degree of competence in the local language. Such preparation appears to be universal among younger officers whether they have been recruited from regular universities or trained at the Ministry of Foreign Affairs school.2 The Soviet Foreign Minister take pains to encourage its officers to study foreign languages and to become specialists. The Ministry carries on what appears to be a systematic program of reassigning personnel to the same post or to posts in the same area in order to promote area specialization. Officers fre- quently receive additional training or tutoring at their posts abroad. Soviet officers are said to receive a bonus equal to 10 percent of their salaries for passing examinations in European languages and 20 percent for exotic languages. The language and area competence of diplomatic representatives of bloc coun- tries appears to be somewhat spottier. Technical assistance personnel.- Soviet technical assistance personnel are not usually specially trained in the language or area of the countries to which they are sent. They generally rely on interpreters and frequently use the Western language which is best known in the underdeveloped country in which they are working. Soviet technicians tend to have relatively narrow specialties, and as result they are often assigned for short tours of duty while a particular phase of a project is being carried out. More often than not, Soviet technicians appear to be under instructions to avoid unnecessary contacts with local citizens, and they are assisted in not drawing attention to themselves by their low salary scales and standard of living, which prevents them from appearing conspicuously wealthy by local standards. However, the Soviet Union has fostered the myth that it has large numbers of language-trained technicians available by using its small supply of them to maximum effect. For example, in 1956 the U.S.S.R. offered to supply the Bombay Technological Institute, through UNTAR and UNESCO, with 15 Hindi-speaking Russian instructors. Long before the school was ready to open its doors in the summer of 1958, the Hindi-speaking Russians were famous the world over. At the-same time the offer was made to India, however, the Soviet Union was recruiting Indians to serve as translators in Moscow. III. EXOTIC LANGUAGES IN TIIE 10-YEAR SCHOOLS Experimental program.-More than a dozen Soviet schools are now taking part in an experimental program, begun in 1956, of teaching Near Eastern and Asian languages to pupils beginning in the second grade, i.e., from the age of 8 years. In Moscow 150 pupils at boarding school No.- 23 study either Hindi or Urdu, while Chinese and Hindi are taught at two other boarding schools in Leningrad. However, the bulk of the schools participating in the program are in areas in- habited largely by non-Russian nationalities. In Tashkent five schools teach one or more of the following languages: Hindi, Urdu, Chinese, and Arabic. In Stalinabad two schools teach Persian and Arabic, and at Baku several schools teach Persian and two teach Arabic. Persian is taught at school No. 70 in Ashka- bad. A total of three schools in Samarkand and Bukhara teach Persian and Urdu. Emphasis in the 10-year schools is on the spoken language rather than on exer- cises in reading and translating. In teaching Urdu, for example, "throughout the entire lesson the teacher strives to speak to the children only in Urdu, which facilitates their development in the spoken language" (Teachers' Gazette, Mar. 11, 1958). Success of the experiment.-Soviet authorities appear to regard the program as having been successful and several steps have been taken to support and expand it. No textbooks were available when the program was initiated. A recent Tashkent news story indicated that a special text for teaching first-year Hindi in schools is now available and a second-year text is in preparation. Textbooks for fourth and fifth classes in Persian have recently been issued in Baku. There now appears to be a more regular supply of teachers for the program. At least some of the students of Eastern Languages at the Central Asian State University in Tashkent are preparing to be teachers; a number of them were re- ported to be practice teaching in Tashkent schools during the past academic year. 2In large missions in Western Europe standards for language proficiency and knowledge of the area appear to be lower than in the rest of the Soviet diplomatic service. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approvedll~or Released' Q / TC- 9&4 P78 0 372IA000400020007-7 An exotic language was offered as a major in a pedagogical institution for the first time last fall when the Niziami Pedagogical Institute of Tashkent offered. a major in the language, literature, and history of Korea. Expansion to Tatar schools.-Greater use of non-Eussians for contacts with. Eastern countries is foreseen in the proposal to exten?i the program of teaching Arabic to the schools of the Tatar Autonomous Sovik t Socialist Republic. Ac- cording to the proposal,3 instruction in Arabic is to be initiated on an experimental, basis in not more than two or three Tatar schools, pres imably in the forthcoming. academic year. IV. UNIVERSITY TRAINING PROGPAMS Undergraduate training programs are largely concentrated in Moscow, Lenin-- grad, and Tashkent. Small additional facilities exist in Baku and Kazan, where they are incidental to departments of eastern studies, which are primarily con cerned with Soviet Central Asia. A. Institute of Eastern Languages New trend. The establishment of the Institute of Eastern Languages at Mos- cow State University in September 1956 exemplifies the current trend away from the historical and philological emphasis of traditional Russian orientology and toward stress on the spoken language, combined with an interdisciplinary a roach pp to contemporary problems, an approach which was patterned on area study pro-- grams at American universities. The institute's relation to current policy was explained in the official announce- ment at the time of its founding: "From year to year the bonds of friendship between the peoples of the Soviet Union and the foreign countries of the East broaden and strengthen. This.: demands a significant improvement in the preparation. of specialists in eastern studies. With the aim of preparing specialists who are actively in command of the languages of the appropriate countries and know profoundly and all-sidely their economics, histories, and cultures, there is being established in the Moscow State University the Institute of Eastern Languages" (Herald of Moscow Uni-- versity, Historical-Phililogical Series, No. 1, 1956, p. 19.3). The basic program is a 6-year course, with the focus on language, but with the student also required to specialize in one of the several dif ciplines. Forty students, a year are to be enrolled in the 6-year course. In its second year the institute had 80 students in addition to a number who had trinsferred with advanced standing from the elements of other faculties which were combined to form the institute. A new building to house the institute is to be ,ompleted within 2 years. Languages taught.-The majority of the students are f pecializing on China and India. The departments, represented by the size of the staff are in order of , , importance, China, India, Arabia, Indonesia, Japan, Turkey, Iran, Vietnam, and' Korea. A native speaker is available to almost every c.epartment, and students. are encouraged to live in dormitories with foreign students in order to practice their languages (Chinese, Korean, Vietnamese, Egyptiar, Syrian, and Indonesian students enrolled in other faculties of the university are a iailable for this purpose.) The training of specialists in African languages is to be initiated at Moscow University after the expanded African language program is begun at Leningrad University in the fall of 1958. Program.-The program of study is as follows: the firs year is divided between intensive language study and several of the content courst s (geography, economics, history of thought, law, general history, etc.). The econd year is largely a continuation of the first, and a term paper is required. As an example, one second-year student wrote on Marco Polo's description of the people of China. During the third year, which is devoted in part to literary papers (the poetry of Li Po, an eighth century "popular" Chinese poet, is a typical subject), the student selects a second eastern language. Throughout the 6-year course he is encour- aged (or possibly even required) to study the appropria~e western language: for example, English for India or French for Vietnam. During the fourth year, philology and lexicography as well as advanced grammar and syntax are to be introduced. The projected fourth-year term paper is to be more comprehensive than the previous ones; a hypothetical example is: "The Economic Development of China During the Second half of the Nineteenth Century." Students will polish up their knowledge of the language and customs of their chosen area during the first half of the fifth year, since the period from the middle of the fifth to a The plan was outlined in the journal Foreign Languages in the School, No. 2, 1958, pp. 111-112. Ex.- panston of the program to schools in Kazakhstan is also scheduled for the c nning school year according to. a TASS report on August 1, 1958. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For ReleasAl a9/ ?E: Db44 iog721AOOO4 Y002OOO7-7 the middle of the sixth year is set aside for study abroad. The student is ex- pected to go abroad with the topic of his thesis in mind, and to complete it in the second half of the sixth year after his return to the institute. The institute has already sent 17 of its advanced-standing students to Communist China and a few to Korea. A small group of institute students are currently in India, but not apparently actually studying. The faculty plans to send students soon to Indonesia, Japan, and North Vietnam. Special courses.-In addition to the 6-year standard course, three special courses of instruction are known to be offered by the institute, though no details are available. A 2-year course teaches eastern languages to specialists who attend under -orders from various governmental ministries in preparation for assignment abroad. A 6-month course serves as a refresher for experts in eastern studies. A few students receive preliminary training at the institute and then pursue the entire course of study at a university in one of the Asian countries. Future expansion likely.-Further growth in the size of the institute appears likely. According to Evening Moscow, April 4, 1958, more than 20 faculty members are to be recruited. The list includes: A professor to head the chair of Chinese philology. A docent (assistant professor), senior instructor, and an instructor for the chair of Indian pnnuiogy. A docent to head the chair of Arab philology, plus a senior instructor, and an instructor. A docent to head the chair of Iranian philology. A professor to head the chair of Turkic philology. Instructors in Japanese and Vietnamese, plus a senior instructor of Korean language and literature for the chair of languages of the Far East and south Asia. A professor to head the chair of history of China. A docent to teach the history of Korea, plus a professor to head the chair of history of nations of the Far East and southeast Asia. Three professors or docents, plus a professor to head the chair of history of nations of the Middle and Near East. A docent to head the chair of economics and economic geography of nations of the East. A docent to head the chair of Western European languages. E. Leningrad State University-Eastern faculty Subjects.-More traditional in its approach than the institute at Moscow Uni- versity, the eastern faculty at Leningrad State University emphasizes language and history. Present enrollment for Asian and African languages is roughly as follows Chinese, 20; Korean, 20; Japanese, 15; Mongolian, 10; Indian, Tibetan, .and Indonesian, 25 in all; Arabic, 10; Persian, 10; African 10. The African languages appear to be the only ones which are taught without the assistance of native instructors. Improvement in African language training is foreseen by a directive of the U.S.S.R. Ministry of Higher Education in May 1958, which called for inviting foreign African specialists to Leningrad as well as sending two or three Soviet teachers and graduate students abroad to raise their language proficiency. In addition to Swahili, Amharic, and Hausa, which are already taught at Leningrad, within the next 3 years the study of the languages of Luganda, Luba, the Congo, and Yoruba will be introduced. According to the Ministry, "University students will acquire conversational knowledge of no less than two related African languages." Courses are also offered in Chinese and Japanese history and in the histories of the Middle East and the ancient Orient. Enrollment is small; Chinese history, with 12 students, is the largest. Language program.-Early and intensive specialization assures the linguistic competence of the Leningrad students, but the absence of social sciences from the curriculum is likely to prove a handicap if the graduates are to be employed for other than purely linguistic work. ature study at Leningrad State d lit er language an The nature and scope of the University may be illustrated by the Japanese program. Throughout the 5-year program two aspects, theory and laboratory (that is, practice), are presented. The first year includes the theory of languages, linguistic systems, the history of the Japanese language, a systematic presentation of grammar, morphology, and syntax, a brief consideration of the study of Japanese in the U.S.S.R., Europe Approved For Release 1999/08/27 : CIA-RDP78-03721AO00400020007-7 Approved*or Releass49 /O6 ?E: AARD 7 721 A000400020007-7 and Japan, and bibliography. Practical work in the anguage itself (luring the first year includes the study of grammar and simple texts, the mastering of 800 characters, and practice in conversation with a native. Classroom work during the first year consists of 12 hours per week, for a tota. of 408 hours, divided as follows: introduction and grammar 68 hours; text study 136 hours; conversation 136 hours; and writing practice 68 hours. A comprehensive examination at the end of the year covers the whole complex of the introductory course. The second year is devoted to literature and literary speech.. Examples of modern Japanese literature are studied in chronological order "to show the growth of the literary language. History, style, morphology, and syntax are taken up as theory, while in the laboratory the student turns h.s attention to a series of writers, including some "proletarian authors," who oc.upy an exalted place in Soviet criticism of Japanese literature in much the way IToward Fast used to hold such a place in Soviet criticism of American literature. The classroom schedule is identical to the first year, and another comprehensive examination completes the second year. The third year is divided between "contemporary literary Japanese" and "classical Japanese," with 240 hours devoted to each. Students are introduced to the "public language," both spoken and written. Newspaper, journals, con- temporary short stories, and novels form the core of this work. At the same .time the student studies classical Japanese along with kambur. (the old style of writing, which employs Chinese characters extensively). This : ection of the program is organized as follows: (1) the classical language of tha 8th through the 12th centuries, including (a) the conversational language of the time and (b) Chinese as the language of official correspondence and scientific and historical literature; (2) medieval literary Japanese of the 12th through 16th centuries, consisting of remnants of the old literary language which still persist in archaic form in litera- ture, medieval conversational language which also may be found in its archaic forms, and Chinese which as in the preceding period continues as the official lan- guage; (3) literary Japanese of the 16th through the 14th centuries, devoted to four main topics remnants of "old literary" Japanese which existed as a language of scholars of that period, the developed form of medieval Japanese which had become the national language of the period, the conversational and written lan- guage of literature, and Chinese, as the language of knowledge and philosophy. The fourth year, like the third, is divided between `contemporary literary" and classical Japanese. Four of sixteen weekly class hot rs required in the fourth year are devoted to seminars and special courses, the former including Kambun. In addition to literary works, the texts of contemporary juridical literature are also read toward the end of the eighth semester. An examination concludes the year. The fifth and final year is divided among four mail subjects: (1) classical Japanese, (2) history of the language and writing, (3) dialectology, and (4) semi- nar on special problems. The study of classical langua?;e follows the pattern of the fourth year. The course on the history of the language and writing appears to be especially thorough, covering aspects ranging from general syntax develop- ment and the lexicography and phonetics of the urban language to a detailed examination of the development of writing systems in China and Japan. More attention appears to be paid to the study of Japanese deflects at Leningrad than is usual in American programs. The subject includes: (1; the history of Japanese dialects, (2) the study of a dialectological map of Japan, 3) the dialects of Japan proper, (4) dialects of Miyako Island, (5) a brief description of some other local dialects, and (6) methodology of dialectological research. An examination covering the four main subjects of the fifth year completes the program. C. Central Asian State University, Tashkent Organization.-The third major center for the teaching of exotic languages in the Soviet Union is the eastern faculty of the Central A: ian State University in Tashkent. More than 150 students, at least 50 percent of whom are Uzbeks, are enrolled in the 5-year program. There are four departme its: the Indian Depart- ment offers instruction in Hindi, Urdu, and Bengali; the Chinese-Uigur Depart- ment teaches two Uigur dialects and Mandarin Chine,;e; the Iranian-Afghan Department has courses in Persian and Afghan, with Aral is the obligatory minor language, and the History Department includes intern z.tional relations in its offerings. Employment of graduates.--To date a few of the graduates of the faculty are known to have been recruited by the Ministry of Foreign Trade for work at construction projects in Afghanistan. While more graduates are likely to go abroad as government officials in the future, most of them now become philologists or find employment as interpreters with organizations such as the Alliance of Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releaseoll 9/69&2g X4145721 A00040020007-7 Friendship Societies, radio stations, foreign. literature publishing houses; some become teachers in 10-year schools. Current trends.-At the Central Asian State University the current trend of shifting attention from history and philology to contemporary problems is illus- trated by proposals and criticisms made during the past year. New courses in economics, ideology, and international relations were called for. According to the critics, study of Arabic should be oriented along more practical lines, stressing the spoken language rather than ancient texts. Teaching the languages of Indonesia and Burma was recommended, since, "there is a severe shortage of cadres who understand these languages, even in Moscow." 4 In addition, there were comments on the shortage of equipment such as audio and visual aids and publication facilities. D. Azerbaidzhan State University, Baku The eastern faculty of the Azerbaidzhan State University, Baku, offers train- ing in Persian, Turkish, and Arabic. The Arabic section receives about 12 students per year. The increasing employment of non-Russians for contacts with Asian and African countries is reflected by the fact that instruction is given in Azerbaidzhan. E. Kazan State University Since 1944 Arabic has been taught by the faculty of Tatar language and litera- ture of the Kazan State University. F. Tadzhik State University, Stalinabad A faculty of Arabic and Persian languages is scheduled to open at the Tadzhik State University, Stalinabad, in the autumn. It is to have an enrollment of 30 students. V. MINISTRY SCHOOLS The military and diplomatic services, in addition to recruiting graduates of the universities, operate their own schools in which language training is offered. A. Ministry of Foreign Affairs' Institute of International Relations In addition to recruiting graduates from institutions of higher education, the Ministry of Foreign Affairs maintains its own school, the Institute of International Relations in Moscow, for training diplomatic personnel. Since the institute is rarely mentioned in print, what follows is a composite sketch based on the most recent information available. Organization.-The institute, which reportedly has an enrollment of more than 1,000 students (about 200 of whom. are from Communist bloc countries), appears to be divided into three faculties: law, history, and international relations. Within each faculty there are language and area specializations. The students are further subdivided into language study groups of from five to seven people. Program.-At present the course appears to be 6 years in length (earlier reports had said it was a 4- or 5-year course), with 6 class-hours per day during a 6-day week. In addition to languages, which are studied throughout the 6-year course (10 hours per week for the major language and 6 for the minor, according to one report), the program includes comprehensive coverage of a variety of subjects. In the first 2 years the student takes up history, economics, and political science of the U.S.S.R.; principles of Marxism-Leninism; and physical education and military training, the latter including organization of the Soviet Army, Soviet small arms, military tactics, and foreign armies. In the third year he studies Soviet bloc countries and also begins taking courses on the countries of. the area in which he is to specialize. In the final years he studies intensively the particular country to which he is to be assigned. No complete list of the languages taught at the institute is available. However, it is known that, in addition to French, English, German, and Spanish courses have been offered in Chinese, Persian, Arabic, African dialects, and 'Japanese (the last with the assistance of a native instructor). B. Military training in foreign languages No current information is available on the Military Institute of Foreign Languages, which underwent an extensive reorganization in the summer of 1956. Prior to this reorganization, the institute, located in Moscow, was reported to have an enrollment of 1,000 students (plus an additional 500 in the correspondence Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approver for Releases / 7E: Zb4 17i N03721A000400020007-7 course, which was abolished at the time of the reorganis ation) and a total faculty of 230 officer and civilian instructors. In addition to teaching European languages and military subjects, the institute had a College of Eastern Languages, with an average enrollment of about 300 students in a 5-year course. The largest depart- ments in the college were Chinese, Japanese, Arabic, aid Hindi. The following portions of the 36 class hours per week were devoted to language training: in the first year, major language 20 hours, linguistic methods 2 hours; second year, major language 24 hours, linguistic methods 2 hours; third year, major language 17 hours, literature of major language 2 hours, minor language 8 hours, linguistic methods 2 hours; fourth year, major language 18 hours, liter- ature of major language 4 hours, minor language 8 hours, linguistic methods 2 hours; fifth year, major language 18 hours, minor language 8 hours. In addition to daily observation of the student's progress 1-hour oral and written examinations were given at the end of each semester. Language classes were conducted in small groups of from 6 to 10 students, and a total of -0 phonographs with ear- phones and 1 tape recorder were available for student use. Before the reorganization there were reports that the program was too drawn out, that discipline was lax and that inadequate attention was given to military subjects. Presumably the reorganization took steps to remedy such defects. VI. RESEARCH PROGRAMS Research on Asia and Africa is highly centralized and is for the most part con- centrated in two major centers-the Institute of Eastern Studies and the Insti- tute of Ethnography. Both institutes have as a secondary function the training of graduate students. A. Institute of Eastern Studies Reorganization.-The Institute of Eastern Studies of he Academy of Sciences of the U.S.S.R. with branches in Moscow and Leningrad, is the principal center for Soviet research on the East. It also serves as national coordinator for addi- tional research done at other institutes, trains graduate students, and operates a publishing house. The institute in its present form can be said to date from 1950, when the Lenin- grad Eastern Institute and its Moscow branch were merged with the Institute of Pacific Studies in Moscow to form a single, unified institute in Moscow. Six years later, however, the work of the institute was still considered far from ade- quate by the Communist Party. At the 20th Party Congress in February 1956, Mikoyan singled out the institute for scathing criticism: "* * * although in our day the whole East has awakened, this institute is still c ozing." The first step in redirecting the work of the institute toward increased con- centration on contemporary problems was the appointrr ent of B. G. Gafurov as its director in May 1956, Gafurov, a member of the Central Committee and former First Secretary of the Tadzhik Communist Party, carried out the re- organization of the institute in the fall of 1956, when new sections were added in Moscow, a Leningrad branch was established, and MO 3t of the Chinese depart- ment was removed from the Institute of Eastern Studies and a separate Institute of Chinese Studies was established, As a result of recruiting efforts, which are continuing, the size of the Institute of Eastern Studies' Moscow staff has more than quadru Dled since 1950 and now includes 400 staff members and 100 graduate students. An indication of the rela- tive size of the 5 main departments can be seen in the following figures on the distribution of the senior specialists among them: (1) the Far East with 50 senior specialists, divided by area as follows-Japan 25, Mongolia 12, korea 12; (2) India divided along disciplinary lines-history 12, ec :)nomics 10, philology 8; (3) southeast Asia with a total of from 15 to 20 specialises working on Indonesia, Vietnam, Cambodia, Burma, Malaya, and the Philippines; (4) Africa a new department established in 1956, has few scholars; and (i) Middle and ~ar East which also has only a few researchers. A sixth, functional department, to deal with nonregional problems such as United Nations affair;, international law, etc., is planned. The Leningrad branch is smaller than the Moscow ar d is devoted almost ex- clusively to work on earlier periods of history. Distribution of experts is as fol- lows: (I) Far East-China 10, Japan 3, Korea 4, Tibet 1; (2) south and central Asia-India 3, Persia 3, Kurdistan 1, central Asia 5 or 6; (3) Arabia 5 or 6; (4) the ancient East 3; and (5) Mongolia 3. Publications.-The Institute of Eastern Studiesissues four periodicals: Soviet Eastern Studies, The Contemporary East, Brief Reports of the Institute of East- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 21 ern Studies, and Scientific Notes of the Institute of Eastern Studies. It also operates its own publishing house for books and pamphlets-the Publishing House for Eastern Literature. The list of 109 titles scheduled for publication- in 1958 provides another index of the distribution of research efforts within the institute .6 Of the 14 titles to be issued on the "History and Economics of Countries of the Near East," 5 are general, 2 afire devoted to Afghanistan, 4 are about Iran, and 3 are on Turkey. India accounts for 12 of the 21 titles to be devoted to the "History and Eco- nomics of Countries of Southeast Asia." Of the 30 titles on the "History and Economics of Countries of the Far East," 16 are items on China prepared by the Institute of Chinese Studies but nonetheless included in the catalog. Six items on Korea, two on Mongolia, two on the Philip- pines, and four on Japan were all prepared by the Institute of Eastern Studies. The section on the "History and Economics of Countries of Africa" includes 5 titles, while 12 titles are to deal with the "Ancient East." "Geography and Ethnography" account for 3 titles, and 9 items are listed under "Linguistics." Literature, folklore, and literary criticism account for the remaining 15 titles. B. Research on Africa-Institute of Ethnography New organizations proposed. -Heretofore the Institute of Ethnography of the Academy of Sciences of the U.S.S.R., which has branches in Moscow and Lenin- grad, has been the principal center for research on southern and central Africa, and as such it has had the function of generally coordinating additional research efforts at universities and other institutes. Its role as a coordinator is likely to be reduced by the reorganization of research on Africa which is now being planned. Measures to increase the prestige and improve the coordination of African studies in the U.S.S.R. were suggested at second coordinating meeting of Afri- canists of the U.S.S.R. Academy of Sciences which was held on February 13, 1958. Participants in the meeting included representatives of the Institute of Ethnography, the Institute of Eastern Studies, the Institute of World Economics and International Relations, the Institute of Geography, and also teachers from Moscow University and pedagogical institutions. The meeting formally en- dorsed proposals for creation of an all-union association of Africanists and a special organ which would coordinate research on Africa done in different institutes of the Academy of Sciences of the U.S.S.R., beginning of preparatory work for the unification of all Africanists in a single scientific center; introduction of special courses on the history, economy, and literature of African countries in historical, economic, and philological faculties; and creation of a special chair of African studies at Moscow University. The meeting also suggested sending an expedition to Africa composed of experts in the humanities as well as the natural sciences. Publications on Africa.-Despite rapid growth in recent years, the volume of Soviet publications on Africa is still modest in comparison with that of the free world. Professor Potekhin, speaking at a February 1957 meeting of Africanists at the Institute of Ethnography,. noted that while between 1017 and 1945 a total of 111 books 6 on Africa had been published in the Soviet Union (i.e., 4 per year), the figure for 1946-56 was 100 (or 10 per year). The 3-year plan for research on Africa adopted at the same meeting includes as a maximum a total of 55 titles, which, if the plan is completely fulfilled, will be an average of 18 per year. An indication of the scope of Soviet research on Africa is given by the detailed list of projects in a research plan which was published in Soviet Ethnography, the journal of the Institute of Ethnography, No. 3, 1957. The political motiva- tions behind this plan can be seen in the fact that the largest of its six sections is devoted to work on "Economic Conditions and the National Liberation Move- ments in Africa After World War II." Among the 20 to 35 works planned under this heading are the following titles: The Economic Development and Struggle of the Peoples of Nigeria Against, Imperialist Enslavement After World War II. The Economic Development and the Struggle of the Peoples of French West Africa After World War II. Liberia Under the Yoke of American Monopoly. Basic Questions of the Social-Economic Development of the Belgian Congo After World War II. S Publishing house for Eastern Literature, "Annotated Thematic Plan for Issuance of Literature in the Year 1958," Moscow. 1958. 6 The term "book" in Soviet publishing parlance includes short pamphlets as well as full-length books. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 22 FOjREIGN SERVICE ACT AMEND 14ENTS The Peoples of Morocco, Algeria, and Tunisia in the Struggle for National Independence. Social-Economic Changes in British Colonial Policy in British Africa. The Peasant Question in Egypt. The Increased Role of African Raw Materials in the System of Contemporary Imperialism. The Role of"African.War,Mater:ials_and Human Resew ces.During.World War II. History of the Republic of the Sudan. The Peoples of the Gold Coast in the Struggle for Independence. The Formation of the Independent State of Tunisia. The Imperialist Struggle in North Africa on the Eve of and During World War II The section on "African Philology" includes: Introduction to the Study of African Languages. Swahili-Russian Dictionary. Hausa-Russian Dictionary. Arabic-Russian Dictionary (a new work in the Egyptian dialect). Essays on the Folklore and Literature of the South African Bantu. The Origin and Distribution of Swahili. Essays on the Syntax of Swahili. Essays on the History of Contemporary Egyptian Literature, Two sections are devoted to history. One on the "Fistory of Africa Up to the Imperialist Division" includes: Arab Colonization of East Africa. The Social Structure of Madagascar in the XIX Century. Africa in the Middle Ages (four volumes based on Aral) sources). The second section, on "The Imperialist Division and Redivision of Africa," includes: The Berlin Conference 1884-5. Anglo-German Rivalry in East Africa in the XIX Cent ury. Essays on the History of Struggle of the Zulus and the 7hosa Against Anglo-Boer Colonization. The Struggle of the Washona and Matabele Against the Colonization of Rhodesia. The two other sections are devoted to geography and ethnography. Geograph- ical projects include: Physical Geography of Algeria. Morocco--Natural Resources and Economy. Egypt-Natural Resources and Economy. The Federation of Rhodesia and Nyasaland. Works on ethnography include: The Ethnic Composition of the Belgian Congo. The Population of the Federation of Rhodesia and Nyn saland. The Population and Dwellings of the Bantu Peoples. Essay on the Ethnography of Contemporary Ethiopia. The Ethnic Composition of Nigeria. The Ethnic Composition of Tanganyika. The Ethnic Composition of South West Africa. The Ethnic Composition of Angola and Mozambique. An Ethnic Map of Africa (to be completed by the end >f 1957). C. Other institutes The work of the Institute of Eastern Studies of the Academy of Sciences of the U.S.S.R. is supplemented by the efforts of the Institute of Eastern Studies of the Academy of Sciences of the Uzbek Republic and by thf recently organized Insti- tute of Eastern Studies of the Azerbaidzhan Acadern of Sciences, which was established in February 1958. Additional institutes are likely to be established by the Academies of sciences of Georgia, Tadzhikistan, and Turkmenistan. In addition, work on Asia and Africa is also done from time to time at institutes of geography, history, and economics. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 23 VII. EASTERN EUROPE Much less has been done on Asian and African studies by the Communist countries of Eastern Europe than by the U.S.S.R. Czechoslovakia, Rumania, and Hungary have at least token Eastern studies programs patterned on the Soviet model, while in Poland orientology has continued to develop along traditional lines with emphasis on philology and history. No.activity has been-reported in Albania or-Bulgaria. A. Czechoslovakia In Czechoslovakia, as in the Soviet Union, there has been an increase in the study of Eastern languages in recent years. At the principal center, Charles University, Prague, there are two faculties with a total of 15 teachers. The Far Eastern faculty, with five members, offers courses in Chinese, Japanese, and Korean philology and history. The faculty of the philology and history of the Near and Middle East and India has 10 members and offers courses in Hindi, Indology Arabic Armenian, Turkish, Iranian, Egyptology, and cuneiform writings. U'ndergra~uates must major in a modern, not an ancient, language. The School of Living Eastern Languages at Prague has been identified, but no data on it are available. The Institute of Eastern Studies, originally established in 1927 was reorganized as a part of the Czechoslovak Academy of Science in 1952. he Institute has four major departments: the Near East in Ancient Times, the Near East in Medieval and Modern Times, India and Central Asia, and the Far East. The Institute library claims to have more than 40,000 volumes, and its bibliographic sections scans 214 journals (from which it has made 45,000 cards). In 1945 the journal New East began publication, and it has issued language textbooks as supplements. It has already published texts for Korean, Chinese, Indonesian, and Hindi; and in 1957 it began installments of an Arabic text. B. Rumania Eastern studies have gotten under way only very recently in Rumania. A section dealing with Arabic language and literature in the philology faculty at C. I. Parhon University, Bucharest, was first identified in February 1958 and was presumably established at the beginning of the 1957-58 academic year. In October 1956 six Rumanian students went to North Korea for language training, a fact which may reflect the existence of Korean language training at a Rumanian university. The availability of additional personnel which could be employed in teaching is indicated by the composition of the Society for Oriental Studies which was established early in 1957. There are 40 members working in the fields of class- ical and colloquial Arabic, Sanskrit, Hittite, Assyriology, old and modern Persian, Ottoman and modern Turkish, Tibetan, Armenian, Georgian, Chinese, Japanese, as well as oriental philosophy, ethnography, and art. The Society publishes a journal of oriental studies, Studea et Acte Orientalia. Orientological source material, particularly Turkish documents, is available in libraries of Bucharest and Cluj, and in smaller collections in provincial cities. D. Hungary In 1955 the Commission of Eastern Studies was established in the Hungarian Academy of Sciences. It has five sections: Turkology; Central Asia, India, and Siberia; Eastern Asia; Ancient Near East; and Medieval. and Modern Near East. A total of about 20 researchers are employed in these- sections. E. Poland The principal centers of orientology in Poland are the Oriental Institute at Warsaw University, originally founded as the Oriental Faculty in 1933, and the Oriental Faculty of Cracow University, founded in 1919. The members of the Warsaw faculty are divided by specialty as follows: Sinology 7, Turkology 7; Indianistics, 3; philology of peoples of Central Asia, 1; Semitology, 3; philology of the ancient East, 2. The faculty at Cracow has 8 members.? 7 Data on faculties and students are for 1958, as given in Stefan Strelcyn, Orlontology Review, No. 3, 1956. No major changes appear to have taken place in the size and distribution of faculties and students since 1956. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A00040.0020007-7 24 FOREIGN SERVICE ACT AMENDMENTS In 1956 the 145 students of both universities were divided by year of study and. specialty as follows: 1II Sinology ------------------------------ - 8 5 4 6 29 -------------- - Japanese ---------------------------------------- -- 4 1 2 1U --- - k l T - - 2 7 8 ur o ogy----------------------- - ------------------ Arabic -------------------------------- ---- 19 2 6 8 82' ------------ Iranistics ---------------------------------- ---- 5 t 3 7 ------- Semitology ----? --------------------- 1 2 4 ------ Philology of peoples of Central Asia___________________ 2 4 Indianistics ---------------------------- 9 -------------- Philology of Ancient East, Including Egyptology_ 7 145? Though oriental studies grew in Poland in the period following World War II, they appear to have reached their peak by 1956, when 1Ee author of the article from which the figures were cited complained on unemp.oyment among scholars and urged that appropriate employment be found for forthcoming graduates. Senator SYMINGTON. I will be very glad to answer any questions that the distinguished chairman would care to a;k. LOCATION OF PROPOSED ACADEMY Senator MANSFIELD. Senator Symington, you mentioned that the Academy which you propose-and I note you introduced the first. bill in this respect to this session of Congress-shall be located in the Middle West. Senator SYMINGTON. Yes; I would say that would be good from the standpoint of strategic position, Mr. Chairman. But I think the most important thing to have is the Academy it ;elf. Senator MANSFIELD. Would you include Montana in the Middle West? Senator SYMINGTON. I would be very glad to include Montana. [Laughter.] APPOINTMENTS TO, AND LEVEL OF, FOREIGN 14ERVICE ACADEMY Senator MANSFIELD. As I read your bill, what you are proposing is that appointments to the Foreign Service Academy be carried out on a basis similar to appointments to the present military service acad- emies. Senator SYMINGTON. That is correct, Mr. Chairman. Of course, you would have people eligible for this Academy who, because of slight physical disability, like poor ey(;s, would be ineligible for the military academies. In addition to that, of course, this academy would be. coeducational; women would also be able to enter. Senator MANSFIELD. This, by the way, would be an undergraduate school; is that correct? Senator SYMINGTON. That is correct, Mr. Chairman. I have heard a lot about graduate schools, but it seems to me that with circumstances as they are now, an undergraduate academy is Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 25 needed. I think the Chair and I have discussed this once before. And, as I said in my statement, if we can afford three academies to train people for a possible hot war, surely we can afford one academy to train people for the cold war we are now in. Senator MANSFIELD. Would you say the Department of State is our first line of defense in the cold war? Senator SYMINGTON. I would think that the Department of State would be the leader in the grouping of the various agencies in Govern- ment-including the Department of Defense, and the USIA, among others-faced with the threat of growing economic and psychological aggression as well as any possible physical aggression from the Com- munists. Senator MANSFIELD. Do you think the Department of State has been given a rather low priority in carrying on its responsibilities since the end of the Second World War? Senator SYMINGTON. Mr. Chairman, I would not know about that. The Chair, being a member of this committee ever since he and I have been in the Senate and, I believe, before that in the House of Reprc- sentatives, would know much more about that than I do. But I feel very strongly, after going around the world a good many times and having a son who is now working in the Foreign Service abroad, that there is something lacking that is seriously affecting our program. For example, we have justobeen listening to a lot of comment, criticism, and advice with respect to the mutual security program. My impression is that the most effective criticism of that program .at this-time is with reference to its administration. I am certain that administration would be better if we had people who understood the customs and mores, as well as the languages, of the countries in which they served, and who were actively interested in promoting our position with respect to foreign aid and mutual security. ?GRADUATES OF ACADEMY WOULD HAVE CHOICE OF ASSIGNMENTS IN VARIOUS GOVERNMENT AGENCIES Senator MANSFIELD. It is interesting to note that the two organiZa- -tions connected with foreign policy not in 'the Department of State, the USIA and the ICA, are both headed at the present time by Foreign Service officers, namely, Mr. George Allen, and Mr. James .Riddleberger. I take it from your proposal, Senator Symington, that it would not be mandatory for these people who graduate from the Foreign .Service School to go into the Department of State exclusively. Senator SYMINGTON. No, Mr. Chairman. Students would be given a choice; based on class standing, as to the department and area of service. This would be similar to the system in effect at the military service academies. I would hope a method could be evolved to provide the desired flexibility of choice for all members of a ,graduating class. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 26 FOREIGN SERVICE ACT AMENDMENTS LACK OF LANGUAGE PROFICIENCY IN U.S. DIPLOMATIC SERVICE I might add that a report from the Library of Congress Legislative Reference Service which was presented to us entitled "Foreign Lan- guage Training Programs for U.S. Information Agency Personnel and Possible Value of it Foreign Service Academy to this Agency" (see p. 13), shows that we are beginning to move in the field of language training But to me the overall efforts are totally inadequate to meet the problem. I know the Chair is one of the most experienced Members of the Senate, and lie knows the gigantic problems incide-it not only to the handling of the mutual security program, but to ill our diplomatic programs. In my own travels I have been struck many times with the lack of language proficiency on the part of mane of our personnel, especially at the consular level. Senator MANSFIELD. I think that point is being brought out very thoroughly in our study of Foreign Service problems. I know that this committee, as a whole, is very much disappoin?,ed in the linguistic abilities of the personnel whom we are taking into he Foreign Service at the present time. Strange to say, in this- rich country, with our educational system, we do not get many people cording in at the lower levels of the Foreign Service who are qualified to speak languages, and I think the report asked for and received recently by the chair- man of the Foreign Relations Committee, Mr. Fulbright, indicates that the same holds true, although not to the same degree, even among our representatives in the higher echelons. Thank you, Senator Symington. 4. am delighted that you have appeared this morning, and I want to assure ycu that I personally think that a bill of this nature is necessary. Senator SYMINGTON. Thank you very much, Mr. Chairman. I would like to make one more comment on thzt, if I may. I am sure that the Chair has the same exper.ence that I do with regard to young constituents. They want to ,ierve in Goverment. Many are not able, of course, especially the women, to serve in the other service academies, but they have in their minds a desire to go into Government service. I have a good many people like that,from my State, and I am sure the Chair does, also. It seems to me that a definite training program in the important and constructive field of foreign relations woulc. not only provide an avenue for those people to go into the service of their country, but might well also stimulate quite a few more of our youth, as they recognize the growing importance of the problems which this country faces. Senator MANSFIELD. I am thoroughly in acccrd with what you say. Senator SYMINGTON. Thank you, 14Ir. Chairman. It has been a privilege to be with you. SENATOR SMATHERS' LETTER SUPPORTING S. 109 Senator MANSFIELD. At this point in the record, I should like to insert a letter to me from Senator Smathers, in support of his bill, Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : A000400020007-7 S. 109, to establish a Foreign Service Academy. Senator Smathers is unable to be at this meeting to testify in person. (Senator Smathers' letter is as follows:) your hearings. Thanking you and with kind regards, I am, Sincerely yours, . American people.. It deserves the cream of America's youth from every section of the country, and from every segment of our society. It is for these reasons that I urge the subcommittee to report favorably on the pending measure. It will be appreciated if you will have this letter made a part of the record of U.S. SENATE, COMMITTEE ON FINANCE, July 6, 1969. Chairman, Subcommittee on State Department Organization and Public Affairs, Foreign Relations Committee, Washington, D.C. DEAR MR. CHAIRMAN: I regret that it is not possible for me to personally appear in behalf of S. 109, proposed legislation which would provide for the establishment of a U.S. Foreign Service Academy, but I do appreciate the. opportunity afforded me to submit this statement in lieu of such personal appearance. I might add that I am very happy to note that the chairman of this subcom- mittee is also a cosponsor of the bill, and has been vitally interested in bringing about the establishment of such an Academy over the past several years. An examination of the personnel records of the Foreign Service Corps reflects that we have been drawing the bulk of our talent for diplomatic service from a very limited stratum of the United States, though it is true, relatively speaking, that there has been a considerable improvement in the diversification of the Service. Nevertheless it appears to me that we have not fully democratized our Foreign Service in any sense of the word. The so-called development of an intellectual elite from which we in the United States have in the past, and continued for the most part in the present, to draw Foreign Service Corps personnel, does not provide the best means to set forth fully representative policies in the Foreign Service. Our democracy is founded on the principle that ability recognizes no class, and so-called ground rules which appear to have a very stifling effect and encourage the creation of an intellectual elite should not be permitted to prevent the maxi- muin utilization of this ability in our Foreign Service Corps. Today, in a world of turmoil full representative views of American policy should spring forth, and that is the reason why I feel that our Foreign Service could be a great deal better than it now is. We can improve it if the ground rules are changed so that we may be able to draw upon a larger pool of representative talent and brainpower. As a result, the Foreign Service Corps is far from being an adequate instrument considering the reliance we place upon it in endeavoring to achieve the final objective of world peace. Consider only the matter of language proficiency. In a survey conducted by the Department of State in 1956 of 4,000 Foreign Service officers, 43 percent lacked a useful speaking and reading knowledge of any foreign language. Fully 60 percent lacked useful proficiency in French, German, or Spanish. An Advisory Committee of the Foreign Service Institute pointed out to the President in March of last year that Ambassador Llewellyn E. Thompson was, at that time, the only American Ambassador to a Communist country who could speak the language of the country to which he was assigned. Only two of our Ambassadors in the Middle East were able to speak Arabic. In 1949, when the United States was finally able to send its own interpreters to Indonesia, it was discovered that the native interpreters previously relied upon were coloring their translations to make local comment sound pro-American. These facts alone disclose a crying need for improvement in our existing Foreign Service Corps. They are defects which, in my opinion, can only be corrected by the establishment of a Foreign Service Academy, such as that set forth in the GEORC,R SMATnERS, U.S. Senator. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 I Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 28 Senator MANSFIELD. We will next hear from Mr. Henderson. We are delighted to have you with us again, Mr. Secretary, as we always are. STATEMENT OF HON, LOY W. HENDERSON, DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION Mr. HENDERSON. I have a statement with respect to these bills. I would be grateful if you would allow me to submit that statement for the record and add a short oral statement. Senator MANSFIELD. That will be fine. I will be glad to hear it. DECISION ON ESTABLISHMENT OF FOREIGN SERVICE ACADEMY SHOULD BE POSTPONED Mr. HENDERSON. The statement which I am submitting for the record suggests that we might postpone the making of a definite decision with regard to the establishment of a Foreign Service Institute until we are in a better position to ascertain the results of our present efforts in the field of training and recruitment. I would like to make it clear that we, in the De')artment, who have certain responsibilities in the field of recruitment and training of personnel of the Foreign Service do not reject oui, of hand and finally the idea of a Foreign Service Academy. Furthermore, we are grateful to the Members of Congress who have shown an interest in the strengthening of the Foreign Service by submitting bills providing for the establis" Iment of a Foreign Service Academy. We do not for one moment take the position that we are satisfied with the Foreign Service as it exists. We believe there should be efforts to raise th,3 standards of officers already in the Service, and to raise the standards of those who are being recruited. In our opinion, a Foreign Service Academy might serve certain useful purposes. It could provide young mer and women from all walks of life with a unique opportunity to prepare themselves for civilian service in the foreign field. In such an Academy they would be subject3d to disciplines which do not exist in most private institutions. They would be instilled With morale and pride of service which would bolster up the structure of. the whole Foreign Service. They could be also instilled with a professional outlook which might irradiate throughout the whole sector of our Government which is. concerned with international problems. We have engaged in some soul-searching in this matter, and it is with some reluctance that we have come to the decision that it is preferable not to attempt at this time to establish a Foreign Service Academy. PRESENT PROGRAM OF :RECRUITMENT AND 'TRAINING IS EFFECTING IMPROVEMENTS IN SER`TICE We would like to experiment further with our present recruitment and, educational processes which, in our opinion, are bringing about improvements in the Service. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999J00W :~-tP?P79g&1-P00400020997-7 If later we should find that through our present means of recruit- ment and training we are not getting the results for which we had hoped we may come to the conclusion that there should be a Foreign 'Service Academy. We would be at that time in a better position, as a result of our experimentation, to determine what the character of such an Academy would be. Senator MANSFIELD. Is that all, Mr. Henderson? Mr. HENDERSON. That is all I would care to offer at this time unless ,you would like to ask some questions. Senator MANSFIELD. No; I have no questions. (The prepared statement of Mr. Henderson follows:) ,STATEMENT OF HON. Loy W. HENDERSON, DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION ON S. 15, S. 109, S. 730 To PROVIDE FOR THE ESTABLISH- MENT OF A U.S. FOREIGN SERVICE ACADEMY The question of establishing a U.S. Government institution for the purpose of preparing officers for the Foreign Service is one to which the Department has devoted much thought. Keeping the needs of the Foreign Service always in mind, we have carefully considered the various bills which would establish some form of Foreign Service Academy. The Department remains convinced, however, that such an Academy would not be in the best interests of the country or the Foreign Service at this time. UNIVERSITIES AND FOREIGN SERVICE ARE IMPROVING TRAINING FACILITIES Before undertaking the responsibilities connected with the establishment of such an Academy, the Department would prefer to obtain more experience with the training facilities already available to it and to ascertain the qualifications of i ll d un - eges an the young men and women coming into the Service from our co versities-which are augmenting and improving their training facilities. I know that the committee is aware of the high degree of importance which the Department attaches to the training of its officers. During recent years, with the help and counsel of the Congress and of the Senate Committee on Foreign Rela- tions in particular, we have made considerable progress in improving our training programs. Through the facilities of the Foreign Service Institute, colleges of the armed services and various private educational institutions, the qualifications of our officers are being raised each year. We believe that the results are becoming increasingly more evident, especially in the linguistic field. The many and varied responsibilities of the Foreign Service require that it be :staffed with men and women possessing a wide range of skills and backgrounds. It is also desirable, in order to assure proper representation of the United States overseas, that the interests of the various sections of our country be fully reflected in the composition of the Service. .QUALIFIED UNIVERSITY GRADUATES ARE SUITED FOR ENTRANCE INTO FOREIGN SERVICE The Department is inclined to believe at this time that these needs can best be met by selection of qualified graduates from the colleges and universities in all parts of the United States, and by taking full advantage of the wide range of ,educational training provided by these institutions of higher learning. It is possible that with additional experience, we may come to the conclusion that the Foreign Service would be strengthened by the establishment of a Foreign Service Academy either at an undergraduate or graduate level to supplement the intake of personnel from non-Government institutions. We would prefer, how- bli hment t th d s e es a to ever, at this time to defer any definite decision with regar of a Foreign Service Academy. We do not recommend, therefore, the enactment ,of either S. 15, S. 109, or S. 730 at this time. Senator MANSFIELD. Finally, before we go on to the next group of bills, I should like to make a part of today's record a letter and state- ment to me from Senator Yarborough, who wishes to express his Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 ApRtpved For F ,g4~ eSj RJ0~1, 7A X4&- f78-03721A000400020007-7 support of Senator Wiley's bill to establish a Foreign Ser vice Academy, S. 730. U.S. SE 'ATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Hon. MIKE MANSFIELD, D.C., July 6, 1959. , Chairman, Subcommittee on State Department Organization anc Public Affairs, Senate Foreign Relations Committee, Washington, D. C. DEAR MIKE: I am enclosing a copy of a statement I have prepared in support of S. 730, Senator Wiley's bill to establish a Foreign Service Academy. Although I had hoped to present this statement in person at tl.e meeting of the subcommittee this morning, July 6, the pressure in my schedule prevented me from attending your meeting. I request that the statement be made a part of the record of the hearings. Thanking you, I am, Very sincerely, RALPH W. YARBOROUGH. STATEMENT BY SENATOR RALPH YARBOROUGH ON BEHALF OF S. 730, To ESTAB- LISH A FOREIGN SERVICE ACADEMY Mr. Chairman, I appear today as a cosponsor of S. 730 by Senator Wiley, to establish a Foreign Service Academy for the graduate training c.f those who are entering our Foreign Service. This school, to be located in the Washington area, would serve as a great center for the study and practice of the skills needed so desperately to effectively represent our country abroad. It woull take in college graduates from all over the country, at the normal time of their entry into the Foreign Service, then train them intensively in such subjects as American diplo- matic history, State Department organization and policies, and m Est importantly, in area and language studies. Much has been written recently of the lack of knowledge of our representatives abroad of the language and' customs of the countries in which they are stationed. Much of this, of course, is exaggerated, but undoubtedly there is but a relatively small percentage of those initial entrants into the Foreign Service who have a working knowledge of even one of the major European languages. When one thinks of the Asian and Af ?ican languages spoken by millions and millions of people abroad, and the fact than in this country there is not even one university where some of these languages can be studied, the need for an institution dedicated to the purpose of erasing a iv deficiency in this regard is apparent, It seems to me that this is a need which can be met in no other way. As great as our university system is, it cannot provide for the systematic instruction of these unfamiliar languages in such quantities and with such convenience as the Academy here proposed. Here we will take those students, the cream of our country's crop, who are the most highly motivated to understand a foreign lan- guage and way of life, and teach them to an institution of the h ghest academic rank. For this the students will agree to serve at least 3 years in the Foreign Service, an obligation parallel to that of our military academics. Even if many of these students should leave the Foreign Service at that time they will con- tinue to enrich our national program through their positions in educational institutions and international trade. We can also expect that this Academy will have a beneficiri effect on the recruitment of qualified and interested persons for the Foreign service, It will also provide a means of assuring that only the competent will be allowed to represent our country. Though it will cost a relatively modest sum of money to establ: sh this Foreign Service Academy, the returns should far outweigh any. such costs. I, for one, feel that enduring friendships are built on understanding, that to have repre- sentatives abroad who can freely and effectively communicate at d transmit our goals and ideals will help shift our basis of security from military and economic interdependence to the true mutual security of a communion of 1 iterests, ideals, and principles. AMENDMENTS TO THE FOREIGN SERVICE ACT OF 1946, Ak, AMENDED Senator MANSFIELD. Mr. Secretary, we will now turr. to the next matter of business on the agenda having to do with ~-, 443, intro- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 duced by Senator Green by request, a bill to amend the, Foreign Service Act of 1946, as amended, and for other purposes; and at the same time we will consider S. 2233, introduced by Senator Fulbright by request, a bill to amend the Foreign Service Act of 1946, as amended, and for other purposes. (S. 443 and S. 2233, together with executive branch comments on each, follow:) [S, 443, 86th Conga, 1st scss.l A BILL To amend the Foreign Service Act of 1946, as amended, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Service Act Amendments of 1959".. SEc. 2. Section 415 of such Act is amended to read as follows: "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 staff officers and employees within each class shall be as follows: "Class 1___________________________________ $11,660 $11,990 $12,320 $12,650 $12,980 $13,310 $13,640 "Class2----------------------------------- 9,900 10,175 10,450 10,725 11,000 11,275 11,550 "Class 3----------------------------------- 8,140 8,415 8,690 8,966 9,240 9,515 9,790 "Class 4----------------------------------- 7,000 7,225 7,450 7,675 7,900 8,125 8,350 "Class 5----------------------------------- 6,150 6,350 6,550 6,750 6,950 7,150 7,350 "Class6----------------------------------- 5,300 5,500 5,700 6,900 6,100 6,300 6,600 "Class7----------------------------------- 4,650 4,800 4,960 5,100 5,250 5,400 5,550 "Class 8----------------------------------- 4,200 4,350 4,500 4,650 4,800 4,950 5,100 "Class 9___________________________________ 3,750 3,900 4,050 4,200 4,350 4,500 4,650 "Class 10__________________________________ 3,500 3,600 3,700 3,800 3,900 4,000 4,100 "(b) Notwithstanding the provisions of paragraph (a) of this section, the Secretary may, under such regulations as he may prescribe, fix the salary or com- pensation at lesser rates of salary than those prescribed by this section for the applicable class of officers or employees who are employed locally abroad and who are not available or are not qualified for transfer to another post or posts." SEc. 3. Section 416 of such Act is amended to read as follows: "SEc. 416. (a) A person appointed as a staff officer or employee shall receive basic salary at one of the rates of the class to which he is appointed which the Secretary shall, taking into account his qualifications and experience and the needs of the Service, determine to be appropriate for him to receive. "(b) Whenever the Secretary determines that the needs of the Service warrant the appointment of staff officers or employees in a particular occupational group uniformly at a specific step rate above the minimum rate of the applicable class, he may adjust the basic salary of any staff officer or employee in the same class and occupational group who is receiving less than such established uniform step rate." SEc. 4. Section 431 of such Act is amended by striking out in the first sentence of,subparagraph (a) the phrase "the termination of time spent on authorized leave, whichever shall be later," and inserting in lieu thereof the phrase "upon termina- tion of his service in accordance with the provisions of paragraph (b) of this section,"; and by amending subparagraph (b) of this section to read as follows: "(b) The official services of a chief of mission shall not be deemed terminated by the appointment of a successor but shall continue until he has relinquished charge of the mission and for such additional period as may be determined by the Secretary, but in no case shall such additional. period exceed fifty days, includ- ing time spent in transit. During such period the Secretary may require him to render such services as he may deem necessary in the interests of the Govern- ment." Sac. 5. Section 441 of such Act and the heading thereto is amended to read as follows: "CLASSIFICATION OF POSITIONS IN THE FOEEICN 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 Foreign 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 occu- pied by local employees and consular agents, respectively, shall be allocated to such classes as the Secretary may establish by regulation. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 "(b) Under such regulations as he may prescribe, the Secretary may, notwith- standing the provisions of the Classification Act of 1949, as amended (5 U.S.C. 1701 and the following), classify positions in or under the Department which he designates as Foreign Service positions to be occupied by officers and employees of the Service, and establish such positions in relation to th(i classes established by sections 412, 414, and 415." SEC. 6. (a) Section 444(a) of such Act is amended by stri ling out "444(a)" and inserting "444" in lieu thereof which shall read as follows: "SEC. 444. The Secretary shall, in accordance with such :?egulations as he may prescribe, establish schedules of salaries for classes of pos tions of local (alien) employees of the Service: Provided, That such schedules of salaries for local em- ployees shall be based upon prevailing wage rates and Ielated compensation practices for corresponding types of positions in the locality, as is consistent with the public interest." (b) Section 444(b) of such Act is hereby repealed. SEc. 7. A new section 447 is hereby added to such Act, as f )flows: "ADMINISTRATIVE ESTABLISHMENT OF HAZARDOUS DUTY PAY FOR CERTAIN CATE- GORIES OF OFFICERS AND EMPLOYEES "SEc. 447. The Secretary may, under such regulations as he may prescribe, establish rates of salary differential, not exceeding 15 per cenrum of basic salary, for officers or employees of the Service while they are assigned fer duty as couriers." SEC. 8. Section 517 of such Act is amended by striking the second and third sentences thereof. SEC. 9. (a) Section 520 and the heading thereto is amended by striking out in the heading the phrase "REINSTATEMENT AND RECALL" and substituting in lieu thereof the phrase "REAPPOINTMENT, RECALL, OR REEMPLOYMENT"- and by amending paragraph (b) to read as follows: "(b) The Secretary may recall any retired Foreign Service officer temporarily to active duty in the Service whenever he shall determine su ;h recall is in the public interest." (b) Section 520 of such Act is further amended by adding Et the end thereof a new paragraph (c) which shall read as follows: "(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 hereafter retired under the provisions of section 631 or 632 or t 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 13 qualified. An annuitant so reemployed shall serve at the will of the appointing officer." SEC. 10. Section 522 of such Act is amended by adding at the end thereof a new subparagraph (3) which shall read as follows: "(3) extend the appointment or assignment of any Reserve officer, or continue the services of any such Reserve officer by reappoi.itment 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. 11. Section 531 of such Act is amended to read as follows: "SEc. 531. The Secretary may, under such regulations as he toay prescribe, appoint staff officers and employees on the basis of qualifications a id experience. The Secretary may make provisions for temporary, limited, and such other type appointments as he may deem necessary. He is authorized to establish appro- priate probationary periods during which newly appointed staff officers or em- ployees, other than those appointed for temporary or limited ser-riees shall be required to serve. The Secretary may terminate at any time, without regard to the provisions of section 637, or the provisions of any other law, staff officers or employees appointed for temporary or limited service and other staff officers or employees who occupy probationary status." - SEC. 12. Section 532 of such Act is amended to read as follows: "SEc. 532. Under such regulations as he may prescribe, the Se nretary may assign a staff officeror employee to any post or he may assign him to serve in any position in which he is eligible to serve under the terms of this or an r other Act. A staff officer or employee may be transferred from one post to another by order of the. Secretary as the intrests of the Service may require." - U1W Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1AR, 1&P/ -~iQlAeR 1A000400920007-7 SEC. 13. (a) Paragraphs (a), (b), and (c) of section 571 of such Act are amended to read as follows: - "SEc. 571. (a) Any officer or employee of the Service may, in the discretion of the Secretary, be assigned or detailed for duty in any Government agency, or in any international organization, international commission, or any international body, such an assignment or combination of assignments to be for a period of not more than four years, except that under special circumstances the Secretary may extend this four-year period for not more than four additional years. "(b) If a Foreign Service officer shall be appointed by the President, 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 inter- national organization, international commission, or any international body, the period of his service in such capacity shall be construed as constituting an assign- ment 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 paragraph. "(c) If the basic minimum salary of the position to which an officer or em- ployee of the Service is assigned pursuant to the terms of this section is higher receive as an officer or d t titl i e o s en than the salary such officer or employee 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 paid from appropriations made available for the payment of salaries of officers and employees of the Service and shall be the salary on the basis of which com- putations and payments shall be made in accordance with the provisions of title VIII. No officer or employee of the Service who, subsequent to the effective date of this Act, is assigned to, or who, after June 30, 1960, occupies a position in the Department that is designated as a Foreign Service position, shall be entitled to receive a salary differential under the provisions of this paragrraph." (b) Paragraph (e) of section 571 of such Act is amended by striking the phrase "with heads of Government agencies" where it appears in the second sentence and by redesignating the paragraph as "(d)". SEC. 14. Section 625 of such Act is amended to read as follows: "SEC. 625. Any Foreign Service officer or any Reserve officer, whose services meet the standards required for the efficient conduct of the work of the Service and who shall have been in a given class for a continuous period of nine months or more, shall, on the first day of each fiscal year, receive an increase in salary to the next higher rate for the class in which he is serving. Without regard to any other law, the Secretary is authorized to grant to any such officer additional increases in salary, within the salary range established for the class in which he is serving, based upon especially meritorious service." SEC. 15. The heading "PART D-SEPARATION OF FOREIGN SERVICE OFFICERS FROMTHE SERVICE , under title VI of such Act is amended to read as follows: "PART D-SEPARATION OF OFFICERS AND EMPLOYEES FROM THE SERVICE". SEC. 16. Section 631 of such Act is amended to read as follows: "SEC. 631. Any Foreign Service officer who is a career ambassador or a career minister, other than one occupying a position as chief of mission or any other position to which he has been appointed by the President, by and with the advice and consent of the Senate, shall upon reaching the age of sixty-five, be retired from the Service and receive retirement benefits in accordance with the provisions of section 821, but whenever the Secretary shall determine it to be in the public interest, he may extend such an officer's service for a period not to exceed five years." SEC. 17. Section 632 of such Act is amended to read as follows: "SEc. 632. Any Foreign Service officer, other than one occupying a position as chief of mission or any other position to which he has been appointed by the President, by and with the advice and consent of the Senate, who is not a career ambassador or a career minister shall, upon reaching the age of sixty, be retired from the Service and receive retirement benefits in accordance with the provisions of section 821 but whenever the Secretary shall determine it to be in the public interest, he may extend such an officer's service for a period not to exceed five years." Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approgd For ReleA?gG'119g%8 7 Cer CA1M-qf78-03721A000400020007-7 SEc, 18. (a) Paragraphs (a), (b), (c), and (d) of section 637 of such Act and the heading thereto are amended to read as follows: "SEPARATION FOR CAUSE "SEc. 637. (a) The Secretary may, under such regulations as he may prescribe, separate from the Service any Foreign Service officer, R( serve officer, or staff officer or employee, on account of the unsatisfactory perfcrmance of his duties, or for such other cause as will promote the efficiency of the Service, and for reasons given in writing, but no such officer or employee shall be so separated until he shall have been granted a hearing by the Board of the Foreign Service and the unsatisfactory performance of his duties, or other cause for ;eparation, shall have been established at such hearing, or else he shall have waived in writing his right to a hearing. The provisions of this section shall not apply to Foreign Service officers of class 8 or any other officer or employee of the Service who is in a proba- tionary status or whose appointment is limited or temporary. "(b) Any participant in the Foreign Service Retirement Lnd Disability system who is: "(1) over forty-five years of age, separated from tli-~ Service for unsatis- factory performance of duty shall be retired upon an innuity computed in accordance with the provisions of section 821 but no; in excess of 25 per centum of his per annum salary at the time of his separation; "(2) under forty-five years of age, separated from the Service for unsatis- factory performance of duty shall at the time of separation receive a payment equal to one year's salary or the refund, as provided in Section 841(a), of the contributions made by him to the Foreign Service Retirement and Disability Fund, whichever shall be greater. "(c) Any participant in the Foreign Service retirement end disability system separated under the provisions of paragraph (a) of this section, for reasons other th ti f an unsa s actory performancef dt i th di ouy, may,nescre ,ion of the Secretary and on the basis of criteria established in advance by him, bE granted the benefits of paragraph (b) of this section depending upon his age. Unless the Secretary determines at the time of separation of a participant under the provisions of paragraph (a) of this section that he shall be granted the benefits of paragraph (b) of this section his contributions to the Foreign Service Retirement and Disability Fund shall be returned to him in accordance with the provisions of section 841(a). "(d) Any officer or employee of the Service who is not a participant in the Foreign Service retirement and disability system shall be entitled only to such benefits as shall accrue to him under the retirement system in which he is a participant." (b) Section 637 of such Act is further amended by adding at the end thereof a new paragraph (e) which shall read as follows: "(e) Any payments made in accordance with the provisicns of paragraph (b) or (c) of this section shall be made out of the Foreign Service Retirement and Disability Fund." SEC. 19. Section 638 of such Act and the heading thereto Lre amended to read as follows: "TERMINATION OF APPOINTMENT OF FOREIGN SERVICE RESERVE OFFICERS AND STAFF OFFICERS AND EMPLOYEES UNDER LIMITED APPOI NTMENT "SEC. 638. Notwithstanding the provisions of this or any ether law, the Secre- tary may, under such regulations as he may prescribe, terminate the services of any Reserve officer or staff officer or employee serving under limited appointment at any time." SEC. 20. Section 641 of such Act is amended to read as folliws: "SEC. 641. All promotions of staff officers and employees tc a higher class shall be made at the same or at a higher salary on the basis of performance and merit in accordance with such regulations as the Secretary may prescribe." SEC. 21. Section 642 of such Act is amended to read as follows; "SEC. 642. (a) Under such regulations as the Secretary nay prescribe, any staff officer or employee whose services meet the standards required for the efficient conduct of the work of the Service shall receive an increase in salary at periodic intervals to the next higher salary rate for the class in which he is serving. Without regard to any other law the Secretary is authorizes. to grant any such officer or employee additional increases in salary within the salary range estab- lished for the class in which he is serving, based upon especially meritorious service. "(b) Under such regulations as the Secretary may prescri oe, any staff officer or employee who has achieved the maximum salary rate presc:?ibed by section 415 Aft Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 35 fcr the class in which he is serving may be granted an additional in-class salary increment from time to time in recognition of longevity and proficiency in the Service. Each such salary increment shall be equal to the maximum step rate increment of the applicable class and no person shall receive more than four such salary increments while serving in the same class." SEc. 22. Section 701 of such Act is amended by adding at the end thereof a new sentence which shall read as follows: "The Secretary may also provide appropriate orientation and language training to dependents of officers and employees of the Government if such officers and employees are assigned to foreign relations activities." Sac. 23. Section 704 of such Act is amended by adding at the end thereof a new paragraph (e) which shall read as follows: "(e) The Secretary may, under such reglations as he may proscribe, in the absence of suitably qualified United States citizens, employ persons who are not ,citizens of the United States by appointment to the staff of the Institute either on a full- or part-time basis or by contract for services in the United States or abroad at rates not in excess of those provided by the Classification Act of 1949, as amended (5 U.S.C. 1071)." SEc. 24. (a) Section 803 (b) (2) of such Act is amended to read as follows: "(2) have paid into the Fund a special contribution for each year of such service in accordance with the provisions of paragraph (b) of section 852." (b) Section 803 is further amended by adding at the end thereof a new para- graph (c) which shall read as follows: In accordance with such regulations as the President may prescribe, any Foreign Service staff officer or employee appointed by the Secretary of State who has completed at least ten years of continuous service in the Department's Foreign Service, exclusive of military service, shall become a participant in the Foreign Service retirement and disability system and shall make a special contribu- tion to the Foreign Service Retirement and Disability Fund in accordance with the provisions of section 852. "(2) Any such officer or employee who, under the provisions of paragraph (c) (1) of this section, becomes a participant in the Foreign Service retirement and disability system, shall he mandatorily retired for age during the first year after the effective date of this section if he attains age sixty-four or if he is over age sixty-four; during the second year at age sixth-three; during the third year at age sixty-two; during the fourth year at age sixty-one, and thereafter at age sixty." SEc. 25. Section 804 of such Act is amended to read as follows: "SEc. 804. (a) Annuitants shall be persons who are receiving annuities from the Fund on the effective date of this Act and all persons, including widows, widowers, dependent widowers, children, and beneficiaries of participants or annuitants who shall become entitled to receive annuities in accordance with the provisions of this Act, as amended, or in accordance with the provisions of section 5 of the Act of May 1, 1956 (70 Stat. 125). "(b) When used in this title the term- "(1) `Widow' means the surviving wife of a participant who was married to such participant for at least two years immediately preceding his death or is the mother of issue by such marriage. "(2) 'Widower' means the surviving husband of a participant who was married to such participant for at least two years immediately preceding her death or is the father of issue by such marriage. "(3) 'Dependent widower' means the surviving husband of a participant who was married to such participant for at least two years immediately preceding her death or is the father of issue by such marriage, and who is incapable of self- support by reason of mental or physical disability, and who received more than one-half of his support from such participant. "(4) 'Child' means an unmarried child, including (a) an adopted child, and (b) a stepchild or recognized natural child who received more than one-half of his. support from the participant, under the age of eighteen years, or such un- married child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self-support." SEc. 26. Section 811 of such Act is amended by striking out the word "Five" and inserting the words "Six and one-half". SEc. 27. (a) Paragraphs (a), (b), and (c) of section 821 of such Act are amended to read as follows: "SEc. 821, (a) The annuity of a participant shall be equal to 2 per. eentum of his average basic salary for the highest five consecutive years of service, for which full contributions have been made to the Fund, multiplied by the number of years, not exceeding thirty-five, of service credit obtained in accordance with Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 36 the provisions of sections 851, 852, and 853. However, the highest five years of- service for which full contributions have been made to the Fund shall be used in computing the annuity of any Foreign Service officer who serves as chief of mission and whose continuity of service as such is interrupted prior to retirement by appointment or assignment to any other position determined by the Secretary to be of comparable importance. In determinix,g the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, shall not be counted. "(b) At the time of retirement, any participant may, except as otherwise provided by section 834(a), elect to receive a reduced annuity and to provide for an annuity payable to his widow or her widower, commencing on the date following such participant's death and terminat;ng upon the death of such sur- viving widow or widower. The annuity paya )1e to the surviving widow or widower after such participant's death shall be 10 per centum of the amount of the participant's annuity, up to the full amount of his annuity, specified by him as the base for the survivor benefits computed a: prescribed in paragraph (a) of this section. The annuity of the participant raking such election shall be reduced by 2% per centum of any amount up to $2,400 lie specifies as the base for the survivor benefit plus 10 per centum of any amount over $2,400 up to the full amount of the participant's annuity so specified. "(c) (1) If an annuitant who made the election provided for in paragraph (b) of this section dies and is survived by a widow or widower and by a child or children, there shall be paid to or on behalf of each child, in addition to the annuity payable to the surviving widow or widower under such election, an annuity equal to the smallest of: (i) 40 per centum of the annuitant's average salary divided by the number of children; (ii) $600; or (iii) $1,800 divided between the number of children. "(2) If an annuitant who did not make the election provided for in paragraph (b) dies and is survived by a widow or widower ar d by a child or children, or if such annuitant is not survived by a widow or widower but by a child or children, each surviving child shall be paid an annuity equal to the smallest of: (1) 50 per centum of the annuitant's average salary divided by the number of children; (ii) $720; or (iii) $2,160 divided between the number of children." (b) Section 821 of such Act is further amended by adding new paragraphs (d), (e), and (f) which shall read as follows: "(d) If a surviving widow or widower who is recerring an annuity in accordance with the provisions of paragraph (b) of this section lies or the annuity of a child is terminated, the annuity of any other child or children shall be recomputed and paid as though such wife, husband, or child has not survived the participant. "(e) The annuity payable to a child under paragraphs (c) or (d) of this section shall begin on the first day of the next month after i he participant dies and such annuity or any right thereto shall be terminated upon death, marriage, or attain- ment of the age of eighteen years, except that, if a chid is incapable of self-support by reasons of mental or physical disability, the annuity shall be terminated only when such child dies, marries, or recovers from such disability. "(f) A participant who is not entitled to designate a beneficiary in accordance with the provisions of paragraph (b) of this section may at the time of retirement elect to receive a reduced annuity for himself and to orovide for an annuity pay- able after his or her death to a beneficiary-whose nams shall be notified in writing to the Secretary. The participant may elect that sLeh beneficiary shall receive annuity payments either equal to 50 per centum of tl e participant's full annuity or to such lesser base sum as the participant shall designate. The annuity payable to a participant making such election shall be reduced by 10 per centum of an annuity computed as provided in subsection (a) of this section and by 5 per centum of an annuity so computed for each full five Sears the person designated is younger than the retiring participant, but such total reduction shall not exceed 40 per centum. Upon the death of the surviving beneficiary all payments shall cease and no further annuity payments shall be due or payable. No such election of a reduced annuity payable to a beneficiary shall be valid until the participant shall have satisfactorily passed a physical examination as prescribed by the SEC. 28. (a) Paragraphs (a), (b), and (c) of section 8`c 1 of such Act are amended to read as follows: "SEC. 831. (a) Any participant who has five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with provisions of sections 851 or 852'a) (2), and who" becomes totally disabled or incapacitated for useful and efficient service by reason of dis Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release,o1Mc-CL4-RQQ?QW21A0004(ft020007-7 ease, illness, or injury not due to vicious habits, intemperance, or willful mis- conduct on his part, shall, upon his own application or upon order of the Secre- tary, be retired on an annuity computed as prescribed in section 821. If the disabled or incapacitated participant has less than twenty years of service credit toward his retirement under the system at the time he is retired, his annuity uted on the assumption that he had had twenty years of service, com ll b h p e s a but the additional service credit that may accrue to a participant under this f h i me o e t provision shall in no case exceed the difference between his age at t retirement and the mandatory retirement age applicable to his class in the Service. "(b) In each case such disability shall be determined by the Secretary upon the basis of the advice of one or more duly qualified physicians or surgeons, designated by the Secretary to conduct examinations. Unless the disability is permanent, like examinations shall be made annually until the annuitant has reached the statutory mandatory retirement age for his class in the Service. If the Secretary determines, on the basis of the advice of one or more duly qualified physicians or. surgeons conducting such examinations that an annuitant has recovered to the extent that he can return to active duty, the annuitant shall be given the opportunity to be reinstated or reappointed in the Service. The Secretary may reinstate any such recovered disability annuitant in the class in which he was serving at time of retirement. The Secretary may, taking into consideration the age, qualification, and experience of such officer and the rank of his contemporaries in the Service, recommend that the President, by and with the advice and consent of the Senate, appoint him to a class higher than the one in which he was serving prior to retirement. Payment of the annuity shall con- tinue until a date six months after the date of the examination showing recovery or until the date of reinstatement to active duty in the Service, whichever is earlier. Fees for examinations under this provision, together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the Fund. If the annuitant fails to submit to examination as required under this section., payment of the annuity shall be suspended until continuance of the disability is satisfactorily established. "(c) If a recovered disability annuitant whose annuity is discontinued is for any reason not reinstated to active duty, or reappointed to a higher class in the Service, he shall be considered to have been separated within the meaning of section 834 as of the date he was retired for disability and he shall, after the dis- continuance of the disability annuity, be entitled to the benefits of that section or of section 841(a) except that he may elect voluntary retirement in accordance with the provisions of section 636 if he can qualify under its provisions." (b) Section 831 of such Act is further amended by adding new paragraphs (d), (e), and (f) which shall read as follows: "(d) No participant shall be entitled to receive an annuity under this Act and compensation for injury or disability to himself under the Federal Employees Compensation Act of September 7, 1916, as amended, covering the same period of time. This provision shall not bar the right of any claimant to the greater benefit conferred by either Act for any part of the same period of time. Neither this provision nor any provision of the Act of September 7, 1916, as amended, shall be so construed as to deny the right of any person to receive an annuity under this Act by reason of his own services and to receive concurrently any payment under such Act of September 7, 1916, as amended, by reason of the death of some other persons. '(e) Notwithstanding any provision of law to the contrary, the right of any participant entitled to an annuity under this Act shall not be affected because such participant has received an award of compensation in a lump sum under section 1.4 of the Act of September 7, 1916, as amended, except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as deter- mined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal Employees' Compensation Fund. Before such person shall receive such annuity he shall (1) refund to the Department of Labor the amount representing such computed payments for such extended period, or (2) authorize the deduction of such amount from the annuity payable to him under this Act, which amount shall be transmitted to such Department for reimburse- ment to such Fund. Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing pay- ments in such manner as the Secretary of Labor shall determine, whenever he finds Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 ApproveO For ReleaseA1999d /,27 a &BQR7 Q3721A000400020007-7 that the financial circumstances of the annuitant are such as to warrant such deferred refunding." SEC. 29. Section 832 of such Act is amended to read a- follows: "SEC. 832. (a) In case a participant shall die and no -N alid claim for annuity is payable under the provisions of this Act, his contributio is to the Fund, with in- terest, shall be paid in accordance with the provisions of sections 841(a) and 881. "(b) If a participant who has at least five years of ser dce credit toward retire- ment under the system, excluding military or naval service that is credited in accordance with the provisions of section 851 or 852(a) (, ), dies before separation or retirement from the Service and is survived by a widow or a dependent widower, who qualified for an annuity under the provisions of paragraph (b) of section 821, such widow or dependent widower shall be entitled to an annuity equal to 50 per' centum of the annuity computed in accordance with the provisions of paragraph (e) of this section and paragraph (a) of section 821. Th; annuity of such widow or dependent widower shall commence on the date following death of the partic - pant and shall terminate upon death of the widow or dependent widower, or upon the dependent widower's becoming capable of self-,3upport. "(c) If a participant who has at least five years of service credit toward retire- ment under the system, excluding military or naval sex vice that is credited in accordance with the provisions of section 851 or 852(a)(2), dies before separation or retirement from the Service and is survived by a widow )r a dependent widower, who qualifies for an annuity under the provisions of paragraph (b) of section 821, and a child or children, each surviving child shall be enti pled to an annuity com- puted in accordance with the provisions of paragraph (c) ;1) of section 821. The child's annuity shall begin and be terminated in accordance with the provisions of paragraph (e) of section 821. Upon the death of the surviving widow or dependent widower or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though such widow or dependent widower or child had not survived the participant. "(d) If a participant who has at least five years of service credit toward retire- ment under the system, excluding military or naval ser rice that is credited in accordance with the provisions of section 851 or 852(a) (2), dies before separa- tion or retirement from the Service and is not survived by a widow or widower, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of paragraph (c) (2) of section 821. "(e) If, at the time of his or her death, the deceased participant had less than twenty years of service credit toward retirement under the system, the annuities payable in accordance with paragraph (b) of this section shall be computed in accordance with the provisions of section 821 on the assumption he or she had had twenty years of service, but the additional service credit that may accrue to a deceased participant under this provision shall in no case exceed the difference between his or her age on the date of death and the ma-tdatory retirement age applicable to his or her class in the Service. In all cases arising under paragraphs (b), (c), (d), or (e) of this section, it shall be assumed that t Ie deceased participant was qualified for retirement on the date of his death." SEC. 30. A new section 834 is hereby added to such Ac, as follows: "DISCONTINUED SERVICE RETIREMENT "SEC. 834. (a) Any participant who voluntarily sepa ?ates from the Service after obtaining at least five years of service credit toward retirement under the system, excluding military or naval service that is credit ed in accordance with the provisions of sections 851 or 852(a) (2), may, upon sepa 'ation from the Service or at any time prior to becoming eligible for an annuity, e.ect to have his contri- butions to the Fund returned to him in accordance with the provisions of section 841, or to leave his contributions in the Fund and receive an annuity, computed as prescribed in section 821, commencing at the age of sixty years. The pro- visions of paragraph (f) of section 821 shall not be applicable to such participants. "(b) If a participant who has qualified in accordance with the provisions of paragraph (a) of this section to receive a deferred annuity ommencing at the age of sixty dies before reaching the age of sixty his contribut ens to the Fund, with interest, shall be paid in accordance with the provisions o;' sections 841 and 881. SEC. 31. Section 841 of such Act is amended to read as Follows: "SEC. 841. (a) Whenever a participant becomes separated from the Service without becoming eligible for an annuity or a deferred annuity in accordance with the provisions of this Act the total amount of contributions from his salary with interest thereon at 4 per centum per annum, compounded annually at the end of each fiscal year through June 30, 1958; semiannually as of December 31, 1958; Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 19 ?/27RVA D 4 72l1A000400QZ0007-7 annually thereafter as of December 31, and proportionately for the period served during the year of separation including all contributions made during or for such period, except as provided in section 881, shall be returned to him. "(b) In the event that the total contributions of a retired participant, other than voluntary contributions made in accordance with the provisions of section 881, with interest at 4 per centum per annum compounded annually as is pro- vided in paragraph (a) of this section added thereto, exceed the total amount returned to such participant or to an annuitant claiming through him, in the form of annuities, accumulated at the same rate of interest up to the date the annuity payments cease under the terms of the annuity, the excess of the accumulated contributions over the accumulated annuity payments shall be paid in the follow- ing order of precedence upon the establishment of a valid claim therefor, and such payment shall be a ban to recovery by any other person: "(1) To the beneficiary or beneficiaries designated by the retired participant in writing to the Secretary; "(2) If there be no such beneficiary, to the widow or widower of such participant; "(3) If none of the above, to the child or children of such participant and descendants of deceased children by representation; "(4) If none of the above, to the parents of such participant or the survivor of them; "(5) If none of the above, to the duly appointed executor or administrator of the estate of such participant; "(6) If none of the above, to other next of kin of such participant as may be determined by the Secretary in his judgment to be legally entitled thereto. "(c) No payment shall be made pursuant to paragraph (b) (6) of this section until after the expiration of thirty days from the death of the retired participant or his surviving annuitant." SEC. 32. Section 851 of such Act is amended to read as follows: "SEC. 851. For the purposes of this title, the period of service of a participant shall be computed from the effective date of appointment as a Foreign Service officer, or, if appointed prior to July 1, 1924, as an officer or employee of the Diplomatic or Consular Service of the United States, or who becomes a participant under the provisions of this Act, as amended, but all periods of separation from the Service and so much of any leaves of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under the Federal Employees' Compensation Act of September 7, 1916, as amended, and leaves of absences granted participants while performing active and honorable military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States." SEc. 33. (a) Paragraphs (a), (b), and (c) of section 852 of such Act are amended to read as follows: "(a) A participant may, subject to the provisions of this section, include in his period of service- "(1) service performed as a civilian officer or employee of the Government, including the municipal government of the District of Columbia, prior to becoming a participant; and "(2) active and honorable military or naval service in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States. "(b) A person may obtain prior civilian service credit in accordance with the provisions of paragraph (a) (1) of this section by making a special contribution to the Fund equal to 5 per centum of his basic annual salary for each year of service for which credit is sought subsequent to July 1, 1924, and prior to the effective date of this Act, and at 6Y2 per centum thereafter with interest com- pounded annually at 4 per centum per annum to the date of payment. Any such participant may, under such conditions as may be determined in each instance by the Secretary, pay such special contributions in installments. "(c)(1) If an officer or employee under some other Government retirement system, becomes a participant in the Foreign Service retirement and disability system by direct transfer, such officer or employee's total contributions and deposits, including interest accrued thereon, except voluntary contributions, shall be transferred to the Foreign Service Retirement and Disability Fund effective as of the date such officer or employee becomes a participant in the system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered prior to becoming a participant in the Foreign Service retire- ment and disability system. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Apprcjed For Rett9s1N199/08/27 : CIA-RDP78-03721A000400020007-7 I ERVICE ACT AMENDMENTS "(2) No officer or employee, whose contributions are transf srred to the Foreign Service Retirement and Disability Fund in accordance with the provisions of paragraph (c) (1) of this section, shall be required to make contributions in addi- tion to those transferred, for periods of service for which ful; contributions were made to the other Government retirement fund, nor shall any refund be made to any such officer or employee on account of contributions made during any period to the other Government retirement fund, at a higher rate than that fixed by section 811 of this Act for contributions to the Foreign Sei vice retirement and disability system. "(3) No officer or employee, whose contributions are transferred to the Foreign Service Retirement and Disability Fund in accordance wit i the provisions of paragraph (c) (1) of this section, shall receive credit for periods of prior service for which a refund of contributions has been made, or for which no contributions were made to the other Government retirement fund. A participant may, how- ever, obtain credit for such prior service by making a special contribution to the Foreign Service Retirement and Disability Fund in accordance with the provisions of paragraph (b) of this section." (b) Section 852 of such Act is further amended by adding at the end thereof new paragraphs (d) and (e) which shall read as follows: "(d) No participant may obtain prior civilian service credi; toward retirement under the Foreign Service retirement and disability system for any period of civilian service on the basis of which he is receiving or will in the future be entitled to receive any annuity under another retirement system covering civilian per- sonnel of the Government. "(e) A participant may obtain prior military or naval service credit in accord- ance with the provisions of paragraph (a) (2) of this section by applying for it to the Secretary prior to retirement or separation from the Service, but in the case of a participant who is eligible for and receives retired pay on account of military or naval service, the period of service upon which such retired pay is based shall not be included except that in the case of a participant who is eligible for and receives retired pay on account of a service-connected disability incurred in combat with an enemy of the United States or resulting fi om an explosion of an instrument of war and incurred in line of duty during an enlistment or employ- ment as provided in Veterans Regulation Numbered 1(a), part I, paragraph I, or is awarded under title III of Public Law 810, Eightieth Congress, the period of such military or naval service shall be included. No contributions to the Fund shall be required in connection with military or naval service credited to a participant in accordance with the provisions of paragraph (a; (2) of this section." SEC. 34. The heading "PART H-OFFICERS REINSTATED IN THE SERVICE" under title VIII of such Act is amended to read as follows: "PART H-ANNUi- TANTS RECALLED OR REINSTATED IN THE SERVICE OR REEMPLOYED IN THE GOVERNMENT". SEC. 35. Section 871 of such Act is amended and a heading is added thereto as follows: "RECALL "SEC. 871. Any annuitant recalled to active duty in the Se.-vice in accordance with the provisions of paragraph (b) of section 520 or paragraph (b) of section 831 shall, while so serving, be entitled in lieu of his retirement allowance to the full pay of the class in which he is serving. During such ser vice, he shall make contributions to the Fund in accordance with the provisic ns of section 811. The amount of his annuity when he reverts to the retired list shall be recomputed in accordance, with the provisions of section 821." SEC. 36. A new section 872 is hereby added to such Act as :'ollows: "REEMPLOYMENT "SEC. 872. (a) Notwithstanding any other provision of law, any officer or employee of the Service, who has retired under this Act, as amended, and is receiving an annuity pursuant thereto, and who is reemployed in the Federal Government service in any appointive position either on a part-time or full-time basis, shall be entitled to receive the salary of the position in which he is serving plus so much of his annuity payable under this Act, as amended, which when combined with such salary does not exceed during any calendar year the highest basic salary such officer or employee was entitled to receive under sections 412 or 415 of the Act, as amended, on the date of his retiremen ; from the Service, Any such reemployed officer or employee who receives salary curing any calendar year in excess of the maximum amount which he may be untitled to receive Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release I 9 4/27RtQ1 RD 8 72AA000400020007-7 under this subparagraph shall be entitled to such salary in lieu of benefits here- under. "(b) When any such retired officer or employee of the Service is reemployed, the employer shall notify the Department of State of such reemployment together with all pertinent information relating thereto and shall cause to be paid, by transfer or otherwise, to the Department of State funds necessary to cover gross salary, employer contributions, and gross lump sum leave. payment relating to the employment of the reemployed officer or employee. The Department of State shall make to and on behalf of the reemployed officer or employee payments to which he is entitled under the provisions of paragraph (a) of this section, and shall make those withholding and deductions authorized and required by law. "(c) In the event of any overpayment under this section the Secretary of State is authorized to withhold the amount of such overpayment from the salary payable to such reemployed officer or employee or from his annuity." SEC. 37. (a) Paragraph (a) of section 881 of such Act is amended to read as follows: "SEC. 881. (a) Any participant may, at his option and under such regulations as may be prescribed by the President, deposit additional sums in multiples of 1 per centum of his basic salary, but not in excess of 10 per centum of such salary, which amounts together with interest at 3 per centum per annum, compounded annually at the end of each fiscal year through June 30, 1958; semiannually as of December 31, 1958; annually thereafter as of December 31, and proportionately for the period served during the year of his retirement, including all contributions made during or for such period, shall, at the date of his retirement and at his election, be-" (b) Paragraph (c) of section 881 of such Act is amended by deleting the word "annually" and inserting in lieu thereof the phrase "as is provided in paragraph (a) of this section". SEC. 38. (a) Section 1021 of such Act is amended by inserting the phrase "the Department including" immediately prior to the phrase "the Service" wherever it appears in this section. (b) Section 1021(a) is further amended by striking out the phrase "if recom- mended by the Director General" and inserting in lieu thereof the phrase "at the discretion of the Secretary". SEC. 39. Section 11 of Public Law 885, Eighty-fourth Congress (70 Stat. 890); is hereby amended by inserting after the phrase "Government-owned vehicles the phrase "or taxicabs" and by inserting after the phrase "public transportation facilities" the phrase "other than taxicabs". SEC. 40. Paragraph (4) of section 104(a) of the Internal Revenue Code of 1954 (26 U.S.C. 104(a) (4)) (relating to the exclusion from gross income of compensation for injuries and sickness) is hereby amended to read as follows: "(4) amounts received as a pension, annuity, or similar allowance for personal injuries or sickness resuiting from active service in the armed forces of any country or in the Coast and Geodetic Survey or the Public Health Service, or as a disability annuity payable under the provisions of section 831 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1081; 60 Stat. 1021)." SEC. 41. Foreign Service staff officers and employees receiving basic compensa- tion immediately prior to the effective date of this Act at one of the scheduled rates provided by section 415 of such Act, as amended, shall be transferred to the new classes established by section 415 of such Act, as amended, and shall receive basic compensation on and after the effective date of this Act, as follows: Present class and step rate of sec. 415 of the Foreign Service Act of 1946, as amended (1958) Corresponding new class and step rate of see. 415 of the Foreign Service Act of 1946, as amended, by this act - Amount of adjust- ments - 160 $13 $13,310 $150 , 12 830 12,980 150 , 12 480 12,650 170 , 12 120 12,320 200 , 11 770 11,990 220 , 12 120 12,320 200 , 11, 770 11,990 220 11 485 11,550 , 205 11 11,275 , 10,920 11,000 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Rele 11R , (g7Ac-TCIAE 7ps03721A000400020007-7 P88-3------------------------ 5 $11.165 FSS-2_---------------------- 6 4 10,885 5 3 10,600 4 2 10,320 3 1 10,030 2 F88-4__------------ _--------- 5 10,230 FSS-2_______________-------- 3 4 9,945 2 9,065 F88-3----------------------- 9,380 9- 095 9,315 9,030 8,815 8,610 8 395 , 8,540 4 8,325 FSS-4----------------------- 3 8,120 2 7,905 1 7,690 FSS-7------------------------ 6 8,050 F88-4----------------------- 5 7,840 4 7,630 4 7,415 2 7,200 1 6,990 F88-8------------------------ B 7,350 FS8-5---------------------- 6 7,140 4 6,025 3 6,710 2 6,496 1 6, 285 F8S-9------------------------ 6 6,650 FSS-5?________________----. 6 4,010 P88-10______________________ 7 5 3, 870 5 4 3, 730 4 3 3,585 2 2 3,445 1 1 3, 300 1 F' 88-15_______________________ All step rates F88-10______-______________ 1 and below I 4 5,540 F88-7_______________________ 3 5,400 2 5, 260 F88 1 5,115 -11_____________ 7 5,500 185-7 ___________________?_- 6 5, 355 b 5, 212 4 5, 070 3 4 , 930 2 4, 790 1 4, 650 F88-12_-_____________________ 7 5,025 FS8-S ________-____________ 6 4, 800 b 4, 745 4 4 , 602 3 4,460 2 4, 320 1 4,180 F 88-13__________________ 7 4,580 188-9____--________________- 0 4, 440 5 - 4, 295 4 4,155 3 4, 010 2 3, 870 1 3, 730 F 88-14_______________________ 7 4,155 FS8-9_______________________ Present class and step rate of see. 415 of the Foreign Service Act of 1946, as amended (1958) Corresponding new class and step rate of see. 415 of the Foreign Servi~ e Act of 1946, as amended, by this act Amount of adjust- ments Class Step Rate Class Step Rate $11,275 $110 11, 000 115 10, 725 125 10,420 130 10,175 10 450 145 220 175 10, 230 3 7 9, 790 125 2 6 9,515 135 1 5 9, 240 9, 790 145 190 5 6 9, 515 200 4 5 9, 240 210 3 8, 965 150 2 8, 690 80 1 2 8,415 20 8, 965 210 5 3 8 8,690 150 8,350 25 8,125 5 8,125 220 7,900 8,125 210 75 7, 900 60 4 7, 675 45 3 7, 450 35 2 7.225 25 1 7,000 10 7,350 6 7,150 10 5 6, 950 25 4 6,750 40 3 6, 550 55 2 6, 350 65 4 6,750 100 5 6,435 P88-6_____________?_______- 7 6,500 65 4 6, 220 6 6,300 80 3 6, 005 5 6,100 95 2 b, 795 4 b, 900 105 SS-10_______________________ 1 7 5, 585 6,175 3 P88-6_________-------------- 6 6,700 6,300 115 125 6 5, 970 5 6,100 130 5 5, 755 4 51900 145 7 5,550 10 6 5,400 ------- 6 5, 400 140 5 7 b, 250 5,550 135 50 6 5, 400. 45 5 5,250 35 4 5,100 30 3 4,950 20 2 4,800 10 1 7 4,650 5,100 ---------- 75 6 4,950 60 5 4,800 55 4 4,650 45 3 4,500 40 2 4,350 30 1 4,200 4,650 20 70 4,500 60 4,350 55 4,200 45 4,060 40 3,900 30 3,750 4,200 20 45 4,100 90 3, 900 30 3,800 70 3,600 15 3,500 55 3,500 3,600 200 5 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 F Approved For ReI, G19 XCi C} U -O3721AOO0400020007-7 SEC. 42. The annuity of each former participant under the Foreign Service retirement and disability system, who retired prior to July 28, 1956 and who at the time of his retirement had creditable service in excess of thirty years, shall be recomputed on the basis of actual years of creditable service not in excess of thirty- five years. Service which was not creditable under the Foreign Service retire- ment and disability system on the date a former participant retires, shall not be included as creditable service for the purpose of this recomputation. The annu- ities payable to such persons shall, when recomputed, be paid at the rates so determined, but no such recomputation or any other action taken pursuant to this section shall operate to reduce the rate of the annuity any such person is entitled to receive under the Foreign Service retirement and disability system. SEc. 43. (a) The provisions of this Act shall become effective as of the first day of the first pay period which begins one month after the passage of this Act, except as provided in paragraphs (b), (c), and (d) of this section. (b) The provisions of paragraphs (c) (1) and (c) (2) of section 803 of the Foreign Service Act of 1946, as amended by section 24(b) of this Act, shall become effective on the first day of the first month which begins one year after the effective date of this Act, except that any Foreign Service staff officer or employee, who at the time this Act becomes effective meets the requirements for participation in the Foreign Service retirement and disability system, may elect to become a partici- pant in the system before the mandatory provisions become effective. Such Foreign Service staff officers and employees shall become participants effective on the first day of the second month following the date of their application for earlier participation. (c) The amendment made by section 40 of this Act shall be effective with respect to taxable years ending after the date of enactment of this Act. (d) The provisions of section 42 of this Act shall take effect on the first day of the first month which begins more than thirty days after the date of enactment of this Act. SEC. 44. Notwithstanding the provisions of this Act, existing rules, regulations of or applicable to the Foreign Service of the United States shall remain in effect until revoked or rescinded or until modified or superseded by regulations made in accordance with the provisions of this Act, unless clearly inconsistent with the provisions of this Act. SEc. 45. The following headings and sections in the Foreign Service Act of 1946, as amended, are hereby repealed: (1). Section 442 of such Act and the heading thereto. (2) Section 525 of such Act and the heading thereto. (3) Section 576 of such Act and the heading thereto. (4) Sections 651 and. 652 of such Act and the headings thereto, including Part F. DEPARTMENT OF STATE, Washington, D.C. December 31, 1958. President of the Senate. I DEAR MR. VICE PRESIDENT: In its continuing efforts to improve and strengthen the administration of the Foreign Service, the Department is submitting a pro- posed bill "To amend the Foreign Service Act of 1946, as amended, and for other purposes" (tab I) for consideration by the U.S. Senate. The amendments proposed in this bill are urgently needed to improve and strengthen the administration of the Foreign Service. They would accomplish the following: 1. Provide an improved 10-class salary structure for the Foreign Service staff corps and authorize the Secretary to fix salary rates for U.S. citizens employed abroad. 2. Provide authority for appointment of Foreign Service staff personnel at in-class salary step rates and authorize the fixing of appointment salary rates for short-supply categories of personnel. 3. Clarify provisions governing the termination of the services of chiefs of mis- sion. 4. Provide greater flexibility in the classification of Foreign Service positions. 5. Provide authority to pay a hazardous duty salary differential to diplomatic couriers. 6. Clarify and improve provisions governing lateral entry into the Foreign Service. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved FdVRelease 1858!d08/27RvCAAWRDJPr7O 1A000400020007-7 7. Improve provisions relating to reinstatemen ; and recall of Foreign Service officers and remove existing restrictions on the reemployment by any Government agency of retired participants in the Foreign Sei vice retirement and disability system. 8. Provide authority for the continuation on the rolls of certain Foreign Service Reserve officers notwithstanding the usual limitat on on duration of assignment. 9. Clarify and simplify provisions governing appointment, assignment, transfer, and promotion of Foreign Service staff personnel. Establish a system of longevity for staff personnel. 10. Clarify and simplify provisions governing this assignment of Foreign Service personnel to Government agencies. 11. Liberalize provisions relating to extension of services of Foreign Service officers beyond mandatory retirement age. 12. Provide a uniform basis for effecting separation for cause. 13. Provide specific authority for the termination of officers and employees serving under limited appointment. 14. Improve provisions governing the establish rent of, the conduct of, and the use of the facilities of the Foreign Service Insti lute. 15. Provide for general improvement in the Foreign Service retirement and disability system, including such specific improvements as: (a) Liberalization of survivorship benefits and coverage of surviving children; (b) Provision for the participation of certain Foreign Service staff personnel in the system; (c) Clarification of provisions for reinstatement of recovered disability annuitants; (d) Clarification of provisions relating to def,th in service; (e) Clarification of provisions governing prior service credit; (f) Provision for the automatic transfer of contributions from one retire- ment fund to another; and (g) An increase in rate of employee contributions from 5 to biz percent. 16. Improve provisions governing the acceptance of gifts. 17. Clarify provisions relating to the use of Government-owned vehicles at posts abroad. 18. Exempt disability annuities from income tax lability. Throughout the proposed draft bill there are perfeoting and clarifying technical changes that relate to the proposals listed above. An explanation of each of the proposed amendments is enclosed (tab II), together with an estimate of the cost involved in implementing the proposed legislation (tab III). Enactment of this proposed legislation will provide important improvements in the personnel system for the conduct of foreign affairs. The Department recommends the passage of this bill to accomplish .he purposes set forth above and trusts that it may receive favorable considers ;ion by the Congress; The Department has been informed by the Burezu of the Budget that there is no objection to the submission of this draft legislation. Sincerely yours, CHRISTIAN A. HERTER, Acting Secretary. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Re1age a lbc7 #,A OR78-03721AG00400020007-7 EXPLANATION OF PROPOSED AMENDMENTS TO THE FOREIGN SERVICE ACT OF 1956, AS AMENDED TITLE IV. CATEGORIES AND SALARIES OF PERSONNEL FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES Existing legislation Proposed legislation SEC. 415. There shall be [twenty- SEC. 415. (a) There shall be ten two] classes of Foreign Service staff classes of Foreign Service staff officer officers and employees, referred to here- and employees, referred to hereafter as after as staff officers and employees. staff officers and employees. The per The per annum [rates of salary] of annum salaries of staff officers and staff officers and employees within each employees within each class shall be as class shall be as follows: follows: [Class 1, $11,770, $12,120, $12,480, Class 1-$11,660, $11,990, $12,320, $12 830, $13,160 $12,650, $12,980, $13,310, $13,640 [Class 2, $10,920, $11,205, $11,485, Class 2-$9.900, $10.175, $10,460, $11,770, $12,120 $10,725, $11,000, $11,276, $11,550 $10 C885 $1 la s 3,1$65,030, $10,320, $10,600, Class 3-$8,140, $8,415, $8,690, $8 , 965 $9 , , 0 , 7 50 s $2,660, $2,735, $2,805, $2,875 [Class 19, $2,240, $2,310, $2,380, $2,455, $2,520, $2,590, $2,660 [Class 20, $2,025, $2,095, $2,165, $2,240, $2,310, $2,380, $2,455 [Class 21, $1,810, $1,880, $1,955, $2,025, $2,095, $2,165, $2,240 [Class 22, $1,600, $1,670, $1,745, $1,810, $1,880, $1,955,$2,025] No existing legislation. (b) Notwithstanding the provisions of paragraph (a) of this section, the Secre- tary may, under such regulations as he may prescribe, fix the salary or compensa- tion at lesser rates of salary than those prescribed by this section for the applicable class of officers or employees who are employed locally abroad and who are not available or are not qualified for transfer to another post or posts. 48120-59-4 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 4, $9,095, ' $9,380, 380 $9,945, $10,230 [Class 5, $8,395, $8,610, $9,030, $9,315, $9,600 [Class 6, $7,690, $7,905, $8,325, $8,540, $8,755 [Class 7, $6,990, $7,200, $7,630, $7,840, $8,050 [Class 8, $6,285, $6,495, $6,925, $7,140, $7,350 [Class 9, $5,585, $5,795, ?$6,220, $6,435, $6,650 [Class 10, $5,115, $5,260, $5,540, $5,755, $5;970, $6,175 [Class 11, $4,650, $4,790, $5,070, $5,215, $5,355, $5,500 [Class 12, $4,180, $4,320, $4,605, $4,745, $4,890, $5,025 [Class 13, $3,730, $3,870, $4,155, $4,295, $4,440, $4,580 [Class 14, $3,300, $3,445, $3,730, $3,870, $4,010, $4,155 [Class 15, $3,090, $3,165, $3,300, $3,445, $3,585, $3,730 [Class 16, $2,875, $2,950, $3,090, $3,165, $3,230, $3,300 [Class 17, $2,660, $2,735, $2,875, $2,950, $3,020, $3,090 [Class 18, $2,455, $2,520, $9,665, C a 4--$7,000000, , $7, ,2226, $7,460, s $7,675, $7,900, $8,125, $8,360 $8,815, Class 6-$6,160, $6,350, $6,550, $6,750, $6,950, $7,150, $7,350 $8,120, Class 6-$5,300, $5,500, $5,700; $5,900, $6,100, $6,300, $6,500 $7,415, $6,710, $6,005, $5,400, Class 7-$4,660, $4,800, $4,950, $5,100, $5,250, $5,400, $5,550 $4,930, Class 8-$4,200, $4,350, $4,500, $4,650, $4,800, $4,950, $5,100 $4,460, Class 9-$3,760, $3,900, $4,050, $4,200, $4,350, $4,500, $4,650 $4,010, Class 10-$3,500, $3,600, $3,700, $3,800, $3,900, $4,000, $4,100 $3,585, $3,230, $3,020, $2,805, $2,590, Approved For F glease 199%q?J s WBPP7A ;~& 00400020007-7 The principal purpose of this proposal is to improve the Foreign Service Staff Corps salary schedule. The structure of the Foreign Service officer salary schedule was modified in 1956 to provide basic improvements in accordance with the needs of the Service. At that time, the personnel : ntegration program was underway and it was not possible to clearly determine the future needs of the Foreign Service Staff Corps. Since that time, a careful study has been made and perhaps the most important need for improvement in the administrative machinery affecting the Foreign Service staff corps is in connection with a revision of the present 22 class salary schedule. One of the purposes of the proposed revision is to eliminate=the unnecessary and unused classes in the present schedule. Classes 15 through 22 have not been used for some time. Inasmuch as alien employees are used extensively for the performance of routine duties at Foreign Service posts, there are few cases where U.S. citizeh employees are required for the level of duties represented by class 14, there being only two Foreign Service resident employees in this class at the present time. Consequently, a 10-class schedule is proposed which provides a reasonable numl er of levels in relation to the duties and responsibilities which are carried out by f Staff Corps personnel. This proposed schedule is specifically designed to provide a more adequate promotion ladder for these employees, includi ig equitable and appropriate salary adjustment when promotions to the next higher class are awarded. As a conse- quence, a staff employee will usually receive more than, and in any case not less than, the equivalent of a within-class step mere ase at the time of a class promotion. This pro osed 10-class schedule has several other features: (a) The rates of the top three Foreign Service staff classes are the same as the rates contained in classes 3, 4, c,nd 5, respectively, of the Foreign Service officer schedule. This provides -quitable salary treatment for per- sonnel serving at these officer levels ar. d will facilitate the conversion of Staff Corps personnel at these levels who may qualify in the future for lateral entry into the Foreign Service Officer Co 'ps. (b) It consolidates overlapping classes, eliminates overlapping at the top levels, and improves the step-rate increment plan. (c) It provides reasonable rates at the entrance level of new class FSS-10 (present class FSS-14), which will make this lowest class usuable for some recruitment purposes in the future. (d) Consolidation and readjustment c.f class and step-rate relationships, coupled with the necessity of keeping adj istment costs to a minimum, results in 6 of the present classes being split fo:? conversion purposes, but the con- version to the 10-class schedule results n all staff corps employees, except those in present classes FSS-1 and 2, being adjusted to higher class number designations than they now hold under the present schedule. For example, employees presently at FSS-8 will be converted to new FSS-5 and employees at present FSS-5 will be converted to ne v FSS-3. As a consequence of the integration program and the resulting expansion of the Foreign Service officer category, the staff c o,tegory will become increasingly a specialist-technical-clerical corps. Its importance to the effective functioning of the Foreign Service, nevertheless, is not -,o be underestimated. Reasonably rewarding career opportunities must be provi led to attract and retain competent personnel. For some years to come the De Dartment must continue to retrain, make effective use of, and provide reasonable incentives for those staff.. officers who, because of age or other equally valid rea: ons, are unable to qualify for lateral appointment as Foreign Service officers. Thi 3 group of experienced and dedicated officers will decrease gradually as a result of rormal attrition and it can be antici- pated that a correspondingly lesser proportion of the staff category will be required in future years in the upper salary bracket: of the proposed staff corps salary schedule. On the other hand, it becomes in:reasingly important that an appro- priate career plan be provided for the necess.-ry staff officers and employees who serve as highly skilled specialists and techn: cians essential to the operations of the Service to encourage them to continue in the Foreign Service on a career basis. New paragraph (b) of section 415 would authorize the Secretary, by adminis- trative action, to prescribe lesser rates of sali ry than those stipulated in the FSS statutory salary schedule in the case of U.S. ;itizen employees who are employed locally in foreign areas for service at a particular post and who are not available or who are not qualified for transfer to other posts of duty. From time to time it is in the Department' > interest to employ in lieu of a local (alien) employee for a local employee positi(n an American citizen at a Foreign Service post who has resided in the locality f )r many years, who may be married to an alien and frequently possesses dual citizenship, or who is otherwise not Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 47 qualified for a regular staff corps appointment. The purpose of this provision, therefore, is to enable the Secretary to equate more nearly the salaries paid to such staff personnel to rates prevailing in the locality. SALARIES AT WHICH FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES MAY BE APPOINTED Existing legislation SEC. 416. [A person appointed as a staff officer or employee shall receive salary at the minimum rate provided for the class to which appointed except as otherwise provided in accordance with the provisions of part E of this title.] [ADMINISTRATIVE ESTABLISHMENT OP NEW GROUPS OF POSITIONS FOR FOR- EIGN SERVICE STAFF OFFICERS AND EMPLOYEES [SEC. 442. The Secretary may, when- ever he deems such action to be in the interests of good administration and warranted by the nature of the duties and responsibilities of any group of positions occupied or to be occupied by staff officers and employees in compari- son with other positions in the same class, established by regulation for any such group of positions a minimum salary computed at any one of the rates of salary above the minimum for a given class but not in excess of the mid- dle rate provided for that class in sec- tion 415. Such groups of positions shall, for the purposes of this Act, be known as subclasses.] Proposed legislation SEC. 416. (a) A person appointed as a staff officer or employee shall receive basic salary at one of the rates of the class to which he is appointed which the Secretary shall, taking into account his qualifica- tions and experience and the needs of the Service, determine to be appropriate for him to receive. (b) Whenever the Secretary determines that the needs of the Service warrant the appointment of staff officers or employees in a particular occupational group uni- formly at a specific step rate above the minimum rate of the applicable class, he may adjust the basic salary of any staff officer or employee in the same class and occupational group who is receiving less than such established uniform step rate. Under the existing provisions of section 416, staff officers and employees must be appointed at the minimum salary of the class to which appointment is made (except when subclasses are established by regulations). Many staff personnel enter the Foreign Service by transfer from another Government agency, having already achieved within-grade salary increases in Government service in recogni- tion of continued satisfactory service. The Department has found it necessary to appoint such a person at the minimum salary rate of the applicable class and then adjust his salary pursuant to the Secretary's authority under section 642 to grant in-class promotions to staff officers and employees. It is considered desirable, if not necessary, to provide a direct grant of legislative authority for this purpose. Aside from the desirability of appointing staff personnel who transfer to the Service from. other Government agencies at an appropriate within-class salary rate, the proposed new subsection 416(a) would enable the Secretary to take into account the qualifications and experience of prospective candidates from other recruitment sources in fixing an appropriate entering salary. Thus, a highly experienced secretary who has worked in private employment could be offered .a higher starting salary than an inexperienced business school graduate, neither of whom has had previous Government experience. The proposed new subsection (b) would enable the Secretary to take into account the needs of the Service in fixing appointment salaries. Thus, in an exceedingly tight labor market, the Secretary could prescribe a within-class salary rate as the minimum rate for a particular type of skill that was in short supply and which required special training, such as security engineers (electronics engineers). In the event the Secretary should make such a determination, however, serious morale problems would arise were no adjustments made in the salaries of employees in the same class and occupational group whose salaries are less than the rate prescribed for new appointees. New subparagraph (h), therefore, would also authorize the Secretary to make an adjustment of this type under such circumstances. As this new provision would supersede the provisions of section 442, that section should be repealed. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 48 FOREIGN SERVICE ACT AMENDMENTS It may be noted that authority already exists to appointment Foreign Service officers (sec. 413) and Foreign Service reserve officers (sec. 414) above the minimum rate of the class to which appointment is made. Hence, the proposed revision would bring the staff category into line with these related provisions of the act. PART D-TIME OF RECEIVING SALARY CHIEFS OF MISSION Existing legislation Proposed legislation SEC. 431. (a) Under such regulations SEC. 431. (a) Under such regulations as the Secretary may prescribe, a chief as the S~:cretary may prescribe, a chief of mission may be entitled to receive of mission may be entitled to receive salary from the effective date of his salary h om the effective date of his appointment to the date marking his appointment to the date marking his return to his place of residence at the return tc his place of residence at the conclusion of the period of his official conclusion of the period of his official service as chief of mission or [the termi- service Es chief of mission or upon nation of time spent on authorized termination of his service in accordance leave, whichever shall be later,] but with the :Irovisions of paragraph (b) of no chief of mission snail be entitled to this sectio i, but no chief of mission shall receive salary while absent from his be entitled to receive salary while absent post whenever the Secretary shall find from his post whenever the Secretary that such absence was without author- shall find ;hat such absence was without ization or justification. If a chief of authorization or justification. If a chief mission in one position is appointed as of mission in one position is appointed chief of mission in another position, 4 as chief o;` mission in another position, shall be entitled to receive the salary he shall be entitled to receive the salary pertaining to the new position commenc- pertaining to the new position commenc- ing on the effective date of the new ing on the effective date of the new appointment. appointme at. (b) The official services of a chief of (b) The official services of a chief of mission shall not be deemed terminated mission shill not be deemed terminated by the appointment of a successor but by the apF ointment of a successor but shall continue until he has relinquished shall continue until he has relinquished charge of the mission and [has rendered charge of t:Ie mission and for such addi- s'uch additional services to the Depart- tional periol as may be determined by the ment as the] Secretary [may require Secretary, but in no case shall such addi- him to render in the interests. of the tional perio,l exceed fifty days, including Government for a period not in excess time spent in transit. During such pe- of thirty] days, exclusive of] time riod the Secretary may require him to spent in transit. render such . erviees as he may deem neces- sary in the i!aterests of the Government. Section 431 has been revised to clarify the provisio i governing the termination of the services of chiefs of mission, In its present form, this section has been subject to a number of different interpretations and ha 3 been difficult to administer equitably. As revised the section clearly establishes the fact that a chief of mission's services shall-be terminated upon the date he returns to his place of residence or in no case later than 50 days after relin4uishing his duties as chief of mission including time spent in transit. The period of time that a chief of mission may remain on the rolls after relinquishing his duties, up to but not exceeding 50 days, is to be determined by the Secretary. During this period he may be required to render such services as the Secretary may deem necessary in the interests of the Government. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 PART E-CLASSIFICATION CLASSIFICATION OF POSITIONS IN TIE FOREIGN SERVICE AND IN TILE DEPARTMENT Existing legislation Proposed legislation SEC. 441. [Under such regulations SEC. 441. (a) Under such regulations as he may prescribe, the Secretary shall as he. may prescribe, and in order to classify all positions in the Service, facilitate effective management, the Secre- including those positions at foreign tary shall classify all positions in the posts which may be held by career Service at posts abroad, excluding positions ministers, and shall allocate all positions to be occupied by chiefs of mission, and in occupied or to be occupied by staff the case of those occupied by Foreign officers or employees to classes and sub- Service o0cers, Reserve officers, and staff classes established by sections 415 and o,er. and employees, he shall establish 442, respectively, and by alien employ- such positions in relation to the classes ces and consular agents to such classes established by sections 412, 414, and !15, as may be established by regulation.] 'respectively. Positions occupied by local employees and consular agents, respec- tively, shall be allocated to such classes as the Secretary may establish by regulation. (b) Under such regulations as he may prescribe, the Secretary may, notwith- standing the provisions of the Classifica- tion Act of 1949, as amended (5 U.S.C. 1071, et. seq.), classify positions in or under the Department which he designates as Foreign Service 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. Section 441 of the act relating to the classification of positions has been modi- fied in several respects. In a worldwide service it is essential that, with relatively few exceptions, American citizen personnel, including FSS personnel, be assigned according to the needs of the Service, with due regard to the current availability of personnel, health problems, and many other considerations. It is desirable to provide a uniform basis for classifying positions regardless of the category of American personnel used in staffing positions. The present language of section 441 draws a distinction in this respect between the FSO-FSR categories on the one hand and the FSS category on the other, which has not proved to he meaning- ful in practice. The second basic change is to authorize the Secretary to classify positions in the Department in accordance with Foreign Service classification standards, title and class designation, without regard to the Classification Act of 1949, as amended, in those instances where he determines such positions are of such a character as to justify their designation as Foreign Service positions. Some 1500 positions in the Department have been designated as Foreign Service positions under the Secretary's integration program. When a position is filled by a person other than an officer or employee of the Foreign Service, it would continue to be classi- fied in accordance with the provisions of the Classification Act of 1949, as amended, and the classification of the position under the provisions of this section would be inoperative until such position was filled by a Foreign Service officer or employee. Based on experience it might be later determined that some of these positions should no longer be designated as Foreign Service positions. It is also likely that certain additional positions, including a number of now positions, may be designated as Foreign Service positions. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 50 Existing legislation Proposed legislation SEC. 444. [(a) Upon the basis of the SEC. 444. The Secretary shall, in ac- classification provided for in section 441, cordance with such regulations as he may the Secretary shall, with the advice of prescribe, establish schedules of salaries the Board of the Foreign Service, from for classes of positions of local (alien) time to time prepare schedules of salaries employees of the Service; provided that for classes of positions of alien clerks and such sched des of salaries for local em- employees of the Service, which classes ployees s&cll be based upon prevailing shall be established by regulation, and wage rate, and related compensation shall allocate all such positions to the practices for corresponding types of posi- ap ropriate classes. tions in the locality, as is consistent with. [(b) All alien employees in an area of the public interest. comparatively uniform wage scales and standards of living, occupying positions of equal responsibility, shall receive equal pay except as there may be in- creases provided for length of service in accordance with uniform procedures.] Section 444 is amended to clarify and simplify p.-ovisions for the establishment of schedules of salaries for classes of positions for local (alien) employees of the Service. The existing provisions have not proved feasible in the administration of the local (alien) personnel program. Wage and salary schedules must be based upon local prevailing wage rates and prevailing ray practices for corresponding types of positions in the locality. They are subject to frequent changes owing to fluctuating economic and labor market condition3. Further, the Department's responsibility for the administration of local personnel programs of certain other United States Government agencies operating i i foreign areas requires inter- agency coordinative action which obviates the necessity for or the practicability of Board of the Foreign Service clearance on such matters. ADMINISTRATIVE ESTABLISHMENT OF HAZARDOUS DUTY PAY FOR CERTAIN CATEGORIES OF OFFICERS AND EMPLOYEES Existing legislation Proposed legislation No existing legislation. Sec. 447. The Secretary may, under such regulations as he may prescribe, establish rates of salary differential, not exceeding i6 per centum of basic salary, for of~:ers or employees of the Service while : hey are assigned for duty as courier:;. New section 447 of the Foreign Service Act would authorize the Secretary to grant employees, while assigned to perform dutie 3 of a courier, a salary differential not to exceed 15 per centum of the employee's l asic salary. The principle of "hazardous duty pay is recogrized both in military and civilian pay systems. Couriers perform not only an artuoustask, but a dangerous one. They must travel constantly regardless of flight conditions, by means of a great variety of transportation facilities, many of which do not maintain the same level of safety requirements generally found in United States commercial air lines. Couriers are on duty a minimum of 170 hours month and are in the air most of the time. This should be compared with the policy of our commercial air lines which limits flight time for flying personnel to a maximum of eighty-five hours during any one month, with an average somewhat below that figure. Members of the Department's courier service have sust tined serious injury in the line of duty and over the past few years several have given their lives in the service of their country. A number have been injured severely 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. The proposed maximum differential of 15 percent of basic salary is regarded as an appropriate amount after due consideration of the hazards and hardship factors that are inherent in courier duty. It is the Department's plan to pay the differential to couriers whose assignments involve significant hardship conditions or hazards. Criteria for determini g the amount of differential, up to 15 percent of basic salary, applicable to the rious courier assignments, will be developed by the Department. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releaq@Rj 9Q?q&:Aq,AAMgJW721A000JQ0020007-7 TITLE V. APPOINTMENTS AND ASSIGNMENTS PART B-FOREIGN SERVICE OFFICERS ADMISSION TO CLASSES 1 TO 7, INCLUSIVE Existing legislation Proposed legislation SEC. 517. A person who has not served in class 8 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 determine his fitness and aptitude for the work of the Serv- ice; demonstrated, his loyalty to the Government of the United States and his attachment to the principles of the Constitution; and rendered at least four years of actual service prior to appointment in a position of responsi- bility in the service of a Government agency, or agencies, except that, if he has reached the age of thirty-one years, the requirements as to service may be reduced to three years. [After the date of enactment of the Foreign Serv- ice Act amendments of 1955 and until otherwise provided by Act of Congress, not more than one thousand two hun- dred and fifty persons who have not served in class 8 may be appointed to classes 1 to 7, inclusive; of such per- sons, not more than one hundred and seventy-five may be appointed who were not employed on March 1, 1955, in the Department, including its For- eign Service Reserve and Foreign Serv- ice Staff personnel, and who have not also served in a position of responsi- bility in the Department, or the Serv- ice, or both, for the required period prior to appointment as a Foreign Service officer. Notwithstanding the above provisions of this section, the limitations on the maximum number of appointments authorized herein shall not be applicable in the case of any person appointed or assigned by the Secretary of State as a Foreign Service Reserve officer and who thereafter has served in a position of responsibility in such capacity for the required period prior to appointment as a Foreign Service officer.] The Secretary shall furnish the President with the 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 Secre- tary shall, taking into consideration the age, qualifications, and experience of each candidate for appointment, recom- mend the class to which he shall be appointed in accordance with the pro- visions of this section. SEC. 517. A person who has not served in class 8 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 determine his fitness and aptitude for the work of the Serv- ice; demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution; and rendered at least four years of actual service prior to appointment in a position of responsi- bility in the service of a Government agency, or agencies, except that, if he has reached the age of thirty-one years, the requirement as to service may be reduced to three years. The Secretary shall furnish the President with the names of those persons who shall have passed such examinations and are eli- gible for appointment as Foreign Serv- ice officers of classes l to 7, inclusive. The Secretary shall, taking into con- sideration the age, qualifications, and experience of each candidate for ap- pointment, recommend the class to which he shall be appointed in accord- ance with the provisions of this section. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 52 FOREIGN SERVICE ACT AMENDMENTS The proposed change in section 517 eliminates the temporary provision incor- porated in Public Law 22 84th Congress and further amended by Public Law 828, 84th Congress which establishes, presumably for ;he duration of the lateral entry program, a limitation on the number of persons who can be integrated into the Foreign Service under the provisions of this section. The integration program. has now been completed and a permanent provision for the lateral entry of officers to classes 1 to 7, inclusive, should be restored. Any future use of this lateral entry provision to meet the needs of the Service would be seriously handicapped by the fact that only officers who had been on the roll3 of the Department as of March 1, 1955, or who have served 3 years after appointment by the Secretary of State to the Foreign Service Reserve Corps, would b.- eligible for appointment. It is hoped, the good judgment and commonsense of these responsible for advising the Secretary on continuing lateral entry policies can be relied upon to carry out such policies on a sound basis. Existing legislation Pro posed legislation [REINSTATEMENT AND RECALL] OF FOREIGN SERVICE OFFICERS REAPPOINTME.PT, RECALL, OR REEMPLOY- MENT OF FOIEIGN SERVICE OFFICERS SEC. 520. (b) [Whenever the Secretary shall determine an emergency to exist, the] Secretary may recall any retired Foreign Service officer temporarily to active [service]. No Existing Legislation. SEC. 520. (b) The SE cretary may recall any retired Forei?;n Service officer tempo- rarily to active duty in the Service when- ever he shall (determine such recall is in the public inte?est. (c) Notwithstanding the provisions of 5 U.S.C. 62 ar d 6 U.S.C. 715a, a Foreign Service officer 7 eretofore or hereafter retired under the provisions of section 631 or 6?32 or a Foreign Service staff officer or em- ployee hereafter retired under the provi- sions of sectior. 803 shall not, by reason of his retired status, be barred from employ- ment in Federa 1 Government service in any appointive position for which he is quali- fied. An annuitant so reemployed shall serve at the will of the appointing officer. Section 520(b) has been changed to liberalize the conditions under which the Secretary may recall a retired Foreign Service officer for assignment to temporary duty. It is frequently of benefit to the Department to make such assignments to special study groups, selection boards, the Foreign Service Institute, or to work on specific problems in which the retired officer has expeFt knowledge, yet it cannot be ordinarily maintained that an emergency exists. Tie proposed change would make such assignments possible without having to prec.ict that they are required by emergency conditions. Normally, the tour of dut:7 of an officer recalled to active service under the provisions of this subsection would be of a limited nature. The salary paid the officer recalled would be set at the discretion of the Secretary. It would normally be that of the class in which the officer was serving at the time of his retirement. New section 520(c) provides that a participant in the Foreign Service retire- ment and disability system retired mandatorily for age shall not be barred from reemployment in any Government agency. New secs ion 872 provides that an officer will receive the salary of the position in which h; is reemployed, plus such part of his annuity as when added to his salary will equal the basic salary he was receiving at time of retirement. Most Foreign Service officers are mandatorily retired at age 60. Some of these possess the experience, ability, and vigor which would make them useful to other agencies of the Government. This proposed provision would make it possible for these officers to be reemployed when their services are needed. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releas@49 9/O82i7 QIA 78721A00049Q020007-7 APPOINTMENTS AND ASSIGNMENTS TO THE RESERVE Existing legislation Proposed legislation SEC. 522. SEC. 522. No Existing Legislation. (3) extend-the appointment or assign- ment or any Reserve officers, or continue the services of any such Reserve officer by reappointment without regard to the pro- visions 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. The proposed new subsection (3) of section 522 is needed by the Department to provide for the continuation on the rolls of certain Foreign Service Reserve officers whose positions together with certain functions have been transferred from ICA to the regular operations of the Department of State. Many of these officers appointed under the special authority available to ICA, with no limitation on the term of their service as Foreign Service Reserve officers, have now served in excess of 5 years yet they must be continued in their same capacities for several more years because of the program responsibilities which have been transferred to the Department. This proposed amendment will give the Secretary authority to extend the appointments of such officers as well as certain other Reserve officers whose services are determined to be essential. Where extensions are made under this provision and the officer's initial appointment was subject to the provisions of subsection (2) of this section, extension service under the new pro- vision will be made only with the consent of the head of the agency concerned.. This provision will also enable the Secretary of State in his discretion to extend the tour of duty of a Reserve officer for an additional period not in excess of 5 years if such officer is performing work of a character particularly valuable to an agency of the Government other than the Department of State and if the head of that agency should request such an extension. PART D-FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES Existing legislation SEC. 531.. [The Secretary shall ap- point staff officers and employees under such regulations as he may prescribe and, as soon as practicable, in accord- ance with the rovisions of sections 441, 442, and 443.] Proposed legislation SEC. 531. The Secretary may, under such regulations as he may prescribe, appoint staff officers and employees on the basis of qualifications and experience. The Secretary may make provisions for temporary, limited, and such other type appointments as he may deem necessary. Ile is authorized to establish appropriate probationary periods during which newly appointed staff officers or employees, other than those appointed for temporary or limited service shall be required to serve. The Secretary may terminate at any time, without regard to the provisions of section 637 or the provisions of any other law, stag' officers or employees appointed for temporary or limited service and other staff officers or employees who occupy probationary status. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approves f or Releas yR1 / ?E: Aeb Ri 8NO 721 A000400020007-7 Revisedsection 531 is designed to emphasize the principle that staff officers and employees shall be appointed on the basis of qua.ifications, experience and merit. The reference in the present language to sections 441, 442, and 443 has been eliminated. It is proposed that section 442 be repealed since it is superseded by the proposed amendment to section 416. Reference to sections 441 and 443 is unnecessary, and, in fact, is misleading in the sense that the reference could be interpreted to require appointment to a particular posit ion rather than to a class. The other purpose of the revised section is to make :t clear that in prescribing regulations concerning the appointment of staff personiel the Secretary may pro- vide for appropriate types of appointments in terms of tenure, i.e., temporary, limited, and permanent type appointments and, in ad iition, to make clear that the Secretary may establish a probationary period of appropriate length and sepa- rate a newly appointed staff officer or employee who mails to meet probationary requirements without regard to the normal separation for cause procedures estab- lished by the proposed new section 637. In view of the importance of the particu- lar personnel policies based on this section the language of the section is being clarified and made more specific. Existing legislation SEC. 532. [The Secretary may, in accordance with uniform procedures established in such regulations as he may prescribe, assign a staff officer or employee to a position at any post and transfer such a person from a posi- tion in one class to a vacant position within the same class, and from one post to another. Upon demonstration of ability to assume duties of greater responsibility, such person may, as provided in section 641, he promoted to a vacant position in a higher class at Prc posed legislation SEG. 532. Jnder such regulations as he may prescribe, the Secretary may assign a staff officer or employee to any post or he may assig7: him to serve in any posi- tion in which he is eligible to serve under the terms of his or any other Act. A staff officer or ,mployee may be transferred from one pose to another by order of the Secretary as She interests of the Service may require. the same or at a higher rate of salary and he may be transferred from one post to another in connection with such promotion.] The revision of section 532 has been made for the purpose of simplifying the language of the section to correspond more closely to the comparable provisions for Foreign Service officers and to reflect more clearly the intent of the revised section 441 relating to the classification of positions. The language of section 532 relating to promotion has been deleted, inasmuch as section 641 covers the promotion of staff officers and employees to a higher class. PART H-ASSIGNMENT OF FOREIGN SERV [CE PERSONNEL Existing legislation SEC. 571. (a) Any officer or employee of the Service may, in the discretion of the Secretary, be assigned or detailed for duty in any Government agency, such an assignment or combination of assignments to be for a period of not more than four years, except that under special circumstances the Secretary may extend this four-year period for not more than four additional years. COVERNMENR AGENCY Pi oposed legislation 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, international commission, or any inter- national body, such an assignment or combination of assignments to be for a period of nit more than four years, except that inder special circumstances the Secretary may extend this four- year period for not more than four additional years. [(b) A Foreign Service officer may be appointed as Director General, not- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 55 Existing legislation withstanding the provisions of the last sentence of paragraph (a) of this sec- tion, but any such officer may not serve longer than four years in such position or positions and upon the completion of such service may not again be assigned to a position in the Department until the expiration of a period of time equal to his tour of duty as Director General or until the expira- tion of two years, whichever is shorter.] [(c)] If a Foreign Service officer shall be appointed by the President, by and with the advice and consent of the Senate, to a position in [the De- partment,] the period of his service in such capacity shall be construed as constituting an assignment [for duty in the Department] within the meaning of paragraph (a) of this section and such person shall not, by virtue of the acceptance of such an assignment, lose his status as a Foreign Service officer. Service in such a position shall not, however, be subject to the limitations concerning the duration of an assign- ment [or concerning reassignment] con- tained in that paragraph. [(d)] If the basic minimum salary of the position to which an officer or employee of the Service is assigned pur- suant to the terms of this section is higher than the salary such officer or employee is entitled to receive as an officer or employee of the Service, such officer or employee shall, during the period such difference in salary exists, receive the salary of the position in which he is serving in lieu of his salary as an officer or employee of the Service, antes as an officer or employee of the Any salary paid under the provisions Service. Any salary paid under the priations made available for the pay- ment of salaries of officers and em- ployees of the Service and shall be the salary on the basis of which computa- tions and payments shall be made in accordance with the provisions of title VIII. [(e)] The salary of an officer or em- ployee assigned pursuant to the terms of this section shall be paid from appro- priations made available for the pay- ment of salaries of officers and employees of the Service. Such appropriations may be reimbursed, however, when the (b) If a Foreign Service officer shall be appointed by the President, 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, inter- national commission, or any international body, the period of his service in such capacity shall be construed as con- stituting 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 limita- tions 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 employee is en- titled 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 allow- the payment of salaries of officers and employees of the Service and shall be the salary on the basis of which compu- tations and payments shall be made in accordance with the provisions of title VIII. No officer or employee of the Service who, subsequent to the effective date of this Act is assigned to, or who after June 30, 1960, occupies a position in the Department that is designated as a For- eign Service position shall be entitled to receive a salary differential under the provisions of this paragraph. (d) The salary of an officer or em- ployee assigned pursuant to the terms of this section shall be paid from appro- priations made available for the pay- ment of salaries of officers and em- ployees of the Service. Such appro- priations may be reimbursed, however, Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved for ReleasepdSWO&2 c~C - 74A;721A000400020007-7 Existing legislation Secretary enters into reimbursement agreements [with heads of Government agencies] for all or any part of the salaries of officers or employees assigned to such agencies and payment is 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. [ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS [SEC. 576. The Secretary may, in his discretion, assign or detail an officer or employee of the Service for temporary service to or in cooperation with an international organization in which the United States participates under the same conditions as those governing the assignment or detail of officers or em- ployees of the Service to the government of another country in accordance with the provisions of the Act of May 25, 1938, as amended (52 Stat. 442; 53 Stat. 652; 5 U.S.C. 118e).] Proposed legislation when the Secretary enters into reim- bursement agreements for all or any part of the salaries of officers or em- ployees assigned to such agencies and payment is received pursuant thereto, or when an officer or employee of the Service is assigned to a position the salary of wl ich is payable from other funds available to the Department. Section 571(a) has been revised to clearly establish s uthority for the Secretary to assign or detail in his discretion, officers or employees of the Service to any official delegation or mission, to any international organization, international commission or international body as well as-to any Government agency. Paragraph (b) which originally related to authority tc appoint a f Service officer as Director General without regard to the limitations of paragraph (a) relating to period of assignment to duty in the Depari ment is no longer needed as amendments to section 571(a), Public Law 22, 84th C ingress, provide authority for the Secretary to extend, under special circumstances, a 4-year period of duty for a period of an additional 4 years. Paragraph (b) i3, therefore, being deleted as no longer needed. Paragraph (c) has been redesignated as paragraph (b: and has been changed to provide authority for the appointment by the President, by and with the advice and consent of the Senate, or by the President alone (e.g. International Boundary Commissions), of a Foreign Service officer to a position i:I any Government agency including any U.S. delegation or mission to international organizations, inter- national commissions, or other international bodies Without the requirement that the appointee shall lose his status as a Foreign Service officer. Existing section 571(b) now provides such authority for appointment oi' an FSO to a position in the Department but does not provide for his appointment elsewhere in Govern- ment. The recent appointment of a Foreign Service officer of career minister rank to head the USIA has emphasized the need for this broader authority. By changing references to "the Department" to "any Government agency" the subsection is being brought into conformity with sectic n 571 (a) as amended by Public Law 22. The reference to "or concerning reassignment" has been elimi- nated as no longer necessary. Paragraph (d) has been designated as paragraph (c). This section of the act provides that in the event an officer or employee of tie Service is assigned or detailed to duty with any Government agency (inclu ling the Department of State), he shall receive the difference, if any, between ]us salary as an officer or employee of the Service and the basic minimum salary of the position to which he is assigned. This provision was included in the Foreign Service Act of 1946 to offset in part the loss of allowances that result when the officer or employee is assigned from a post abroad to a position with a Governnent agency in the United States. It was designed to recognize the principle of equal pay for equal work from the standpoint that an officer or employee of tie Foreign Service when assigned to a position in a Government agency in the United States to work in conjunction with civil service officers, would receive at least the minimum rate 1 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release '~ 99/08/27 : CIA-RDP78-03721A000400020007-7 O IGN SERVICE ACT AMENDMENTS 57 for the position to which he is assigned as determined by the classified grade of the position under civil service classification procedures. Subsequent to the enactment of the Foreign Service Act of 1946, provision has been made for a home service transfer allowance for Foreign Service personnel incident to an assignment to the United States between foreign post assignments. Moreover, as a consequence of the Secretary's integration program, the Foreign Service will be used increasingly to staff departmental positions. A "Washing- ton" assignment at periodic intervals is, in effect, and increasingly will become, a normal assignment. This change in assignment practices when taken in con- text with the proposed revision of section 441 permitting the Secretary to classify departmental positions that, are occupied by Foreign Service officers under Foreign Service rather than civil service classification standards, suggests that there is no longer justification for this so-called "Washington" salary differential for oleers of the Service assigned to positions in the Department. Section 571(c) will therefore exclude Foreign Service officers so assigned from:"Washington" differential provisions. The provisions of this section will not, however, prevent officers or employees of the Service assigned to other Government agencies or to official delegations or missions to international organizations, international com- missions, or other international bodies from receivin a l diff , g sa ary erential if the basic salary rate of the position to which they are assigned exceeds the salary appropriate to their personal rank. Paragraph (e) of this section has been r'?designated as paragraph (d). The phrase "with heads of Government agencies" has been deleted because reimburse- ment agreements may be made with officials other than heads of agencies when officers or employees are assigned to international organizations, international commissions, or international bodies. Since-the provisions of section 576 have been superseded by revised section 571, it is proposed that section 576 be deleted. TITLE VI. PERSONNEL ADMINISTRATION IN-CLASS PROMOTIONS OF FOREIGN SERVICE OFFICERS AND RESERVE OFFICERS Existing legislation er a onal increases in tional increases in salary within the salary within the salary range estab- salary range established for the class lished for the class in which he is in which he is serving; based upon serving, based upon especially +ieri- ,especially meritorious service. torious service. Section 625 has been revised in order to reaffirm the Secretary's authority to grant additional inclass increments in recognition of especially meritorious service (in the light of the Fringe Benefits Act). While cash awards provided for by the Fringe Benefits Act may in general serve well in providing rewards for espe- cially meritorious or superior service, they are not as appropriate as inclass increase awards for officers of the Foreign Service. Frequently the needs of the Service r e u ffi period of nine months or more, shall, on the first day of each fiscal year, receive _..rr. an increase in salary to the next higher rate for the class in which his is serving. [the] Secretary is authorized to grant to [a Foreign Service officer or a Reserve officer, in any class 'I addi- SEC. 625. Any Foreign Service officer or any Reserve officer, whose services meet the standards required for the efficient conduct of the work of the [Foreign] Service and who shall have been in a given class for a continuous q ue an o cer to serve for protracted periods of time in positions classified several levels above their personal rank. In many such cases officers have distinguished themselves in the performance of their duties and it is con- sidered that an inclass promotion is more desirable and acceptable under these circumstances than a cash award would be. Further, there are a number of unusual and difficult foreign languages which owing to their uniqueness are not offered on a formal training basis; however, officers frequently upon their own initiative undertake the study of and become proficient in such languages. It is considered that the award of a.meritorious inclass increase for such an accomplish- ment better serves the interests of the Government because it provides a contin- uing and more desirable incentive for the undertaking of such voluntary and specialized study by members of the Foreign Service. Proposed legislation SEC. 625. Any Foreign Service officer or any Reserve officer, whose services meet the standards required for the efficient conduct of the work of the Service and who shall have been in a given class for a continuous period of nine months or more, shall, on the first day of each fiscal year, receive an in- crease in salary to the next higher rate for the class in which he is serving. Without regard to any other law the Secretary is authorized to grant to any such ofc dditi Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : C) PP 3721A000400020007-7 co inur,IIIIc SERVICE A PART D-SEPARATION OF [FOREIGN SERVICE OFFICERS] OFFICERS AND EMPLOYEES FROM THE SERVIC]; FOREIGN SERVICE OFFICERS WHO ARE CAREER MINISTERS Existing legislation SEC. 631. Any Foreign Service officer who is a career ambassador or a career minister, other than one occupying a position as chief of mission, shall, upon reaching the age of sixty-five, be retired from the Service and receive retirement benefits in accordance with the provi- sions of section 821, but whenever the Secretary shall determine [an emer- gency to exist, he may,] in the public interest, extend such an officer's service for a period not to exceed five years. Proposed legislation SEC. 631. A iy Foreign Service officer' who is a career ambassador or a career, minister, other than one occupying a position as chief of mission or any other position to which he has been appointed by the Preside it, by and with the advice and consent o' the Senate, shall, upon reaching the a;e of sixty-five, be retired from the Sere cc and receive retirement benefits in accordance with the provi- sions of secticn 821, but whenever the Secretary shall determine it to be in the public interes~, he may extend such an officer's service for a period not to exceed five years. Section 631 changes the conditions under which the Secretary may extend the services of career ambassadors or career ministers beyond mandatory retirement age. It is further changed to provide that a career ambassador or career minister- serving in any other position to which he has been appointed by the President, by and with the advice and consent of the Senate, e.g., Deputy Under Secretary,- Assistant Secretary, etc., shall continue to hold such )ositions until the expira- tion of his appointment. The Department's experience has proved that it is as essential to avoid interruption to the continuity of the service of Foreign Service officers serving in Presidential appointments as it is In avoid such interruption to the service of chiefs of mission. It is not contemplated that a career ambassador- or career minister who is a Presidential appointee serving in a capacity other than chief of mission will have his services extended beyond the time he occupies the specific position in which he is serving when he reaches mandatory retirement age. Normally, the officer would be mandatorily retired at the end of such appointment.. Occasionally because of the specialized nature of the assignments of career ambassadors or career ministers who are not serving as chiefs of mission or in, Presidential appointments and because of their unique knowledge or experience, it is in the interest of the Service to have them continue c n duty for a limited period after they reach mandatory retirement age. Under present provisions, in order to make such an extension of an officer's service the Secretary must determine "an emergency to exist." This phrase has been found to be subject to different interpretations and to make it difficult for the Department to carry out the intent of this provision when the public interest can best be served by a brief delay in the retirement of certain officers. This provision will be used only in exceptional circumstances when it is clear that the oontinuation of the services of the officer will be in the public interest. FOREIGN SERVICE OFFICERS WHO Existing legislation SEC. 632. Any Foreign Service officer who is- not a career ambassador or a career minister shall, upon reaching the age of sixty, be retired from. the Service and receive retirement benefits in accordance with the provisions of sec- tion 821 but [when] the Secretary shall determine [an emergency to exist, he may,] in the public interest, extend such an officer's service for a period not to exceed five years. ARE NOT CAREER MINISTERS Pm oposed legislation 632. Any Foreign Service officer,. SEC . other than one occupying a position as chief of mission or any other position to which he has been appointed by the Presi- dent, by and with the advice and consent of the Senate-, who is not a career am- bassador or a career minister shall, upon reaching the age of sixty, be retired from the Service ,,nd receive retirement bene- fits in accordance with the provisions of section 821 but whenever the Secretary shall determine it to be in the public interest, he nay extend such an officer's service for L period not to exceed five years. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releasglll 9tq? :Aq F pj&R3721A000?90020007-7 Section 632 is changed for the same reasons given under section 631. Provision would be made for extending briefly beyond mandatory retirement the services of a very limited number of Foreign Service officers below rank of career minister when it is clear that the continuation of the services of an officer would be in the public interest. Under present provisions, in order to make such an extension of an officer's service the Secretary must determine "an emergency to exist." This phrase has been found to be subject to different interpretations and to make it difficult for the Department to carry out the intent of this provision when the public interest can best be served by a brief delay in the retirement of certain officers. This provision will be used only in exceptional circumstances when it is clear that the continuation of the services of the officer will be in the public interest. Existing legislation Proposed legislation SEPARATION FOR [UNSATISFACTORY PERFORMANCE OF DUTY] Existing legislation SEC. 637. (a) The Secretary may, under such regulations as he may pro- scribe, separate from the Service any Foreign Service officer [above class 8] on account of the unsatisfactory per- formance of his duties[;] but no such officer shall be so separated [from the Service] until he shall have been granted a hearing by the Board of the Foreign Service and the unsatisfactory performance of his duties shall have been established at such hearing[.] [PART F-SEPARATION OF STAFF OFFICERS AND EMPLOYEES [FOR UNSATISFACTORY PERFORMANCE OF DUTY Proposed legislation SEC. 637. (a) The Secretary may, under such regulations as he may pre- scribe, separate from the Service any Foreign Service officer, Reserve officer, or staff officer or employee, on account of the unsatisfactory performance of his duties, or for such other cause as will promote the efficiency of the Service, and for reasons given in writing, but no such officer or employee shall be so separated until he shall have been granted a hearing by the Board of the Foreign Service and the unsatisfactory per- formance of his duties, or other cause for separation, shall have been estab- lished at such hearing, or else he shall have waived in writing his right to a hearing. The provisions of this section. shall not apply to Foreign ervice officers of class 8 or any other officer or employee of the Service who is in a probationary status or whose appointment is limited or temporary. [SEC. 651. The Secretary may, under such regulations as he may prescribe, separate from the Service any staff officer or employee on account of the unsatisfactory performance of his duties, but no such officer or employee shall be so separated from the Service until he shall have been granted a hearing by the Board of the Foreign Service and the unsatisfactory performance of his duties shall have been established at such hearing.] [SEPARATION FOR MISCONDUCT OR MAL- FLASANCE [SEC. 638. The Secretary shall sepa- rate from the Service any Foreign Service officer or Reserve officer who shall be guilty of misconduct or mal- feasance in office, but no such officer shall be so separated from the Service Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 60 FOREIGN SERVICE ACT AMENDMENTS Drvisting legislation until he shall have been granted a hearing by the Board of the Foreign Service and his misconduct or mal- feasance shall have been established at such hearing. Any officer separated from the Service in accordance with the provisions of this section shall not be eligible to receive the benefits provided by title VIII of this Act, but his con- tributions to the Foreign Service Re- tirement and Disability Fund shall be returned to him in accordance with the provisions of section 841(a).] [FOR MISCONDUCT OR MALFEASANCE [SEc. 652. The Secretary shall sepa- rate from the Service any staff officer or employee who shall be guilty of miscon- duct or malfeasance in office, but no such officer or employee shall be so sep- arated from the Service until he shall have been granted a hearing by the Board of the Foreign Service and his misconduct or malfesance shall have been established at such hearing.] SEC. 637. (b) Any [Foreign Service officer] over forty-five years of age, sep- arated from the Service [in accordance with the provisions of paragraph (a) of this section,] shall be retired upon an .annuity computed in accordance with the provisions of section 821 but not in excess of 25 per centum of his per an- num salary at the time of his separa- tion[.] [(c) Any Foreign Service officer] under forty-five years of age, separated from the Service [in accordance with the provisions of paragraph (a) of this section,] shall at the time of separation receive a payment equal to one year's salary or the refund of the contributions made by him to the Foreign Service Re- tirement and Disability Fund, which- ever shall be greater. Prrposed legislation SEC. 637. (b) Any participant in the Foreign Service Retirement and Disa- bility system who is- (1) over forty-five years of age, sep- arated frcarn the Service for unsatis- factory pe, formance of duty shall be re- tired upo:i an annuity computed in accordanc,- with the provisions of sec- tion 821 but not in excess of 25 per centum of his per annum salary at the time of hi 3 separation; . (2) unc.er forty-five years of age, separated from the Service for un- satisfactor I performance of duty shall at the time of separation receive a payment equal to one year's salary or the refund, as provided in section 841 (a), of t'ie contributions made by him to tie Foreign Service Retire- ment and Disability Fund, which- ever shall he greater. (c) Any participant in the Foreign Service Reti7 ement and Disability system separated under the provisions of para- graph (a) of this section, for reasons other than unsatisfactory performance of duty, may, in the discretion of the Secretary and on the basis of criteria established in ad- vance by hi;n, be granted the benefits of paragraph (b) of this section depending upon his age. Unless the Secretary de- termines at the time of separation of a participant 'tinder the provisions of para- graph (a) of this section that he shall be granted the benefits of paragraph (b) of this section his contributions to the For- eign Service Retirement and Disability Fund shall ire returned to him in accord- ance with the provisions of section 841 (a). Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Rele p gL9WA7ACCIA-RDIPE 8 03721A00000020007-7 Existing legislation Proposed legislation (d) Any officer or employee of the Serv- ice who is not a participant in the Foreign Service Retirement and Disability system shall be entitled only to such benefits as shall accrue to him under the retirement sz stem in which h ' t' OFFICERS AND EMPLOYEES UNDER LIMITED APPOINTMENT Existing legislation Proposed legislation No existing legislation SEC. 638. Notwithstanding the provi- sions of this or any other law, the Secre- tary may, under such regulations as he may prescribe, terminate the services of any Reserve officer or staff officer or em- ployee serving under limited appointment at any time. rges causing separation. New paragraph (d) has been added to deny nonparticipants in the Foreign Service Retirement and Disability system the benefits of "severance pay" in the form of a year's salary in lieu of a refund of retirement deductions as is provided in paragraph (b) for participants. A participant in another retirement system over which the Department will have no control could be entitled to a refund of his contributions to that system or to deferred annuity and thus could receive greater benefits than participants in the Foreign Service Retirement and Disability system who are separated for cause. Existing paragraph (d) has been renumbered paragraph (e). TERMINATION OF APPOINTMENT OF FOREIGN SERVICE RESERVE OFFICERS AND STAFF [(d) ] Any CO a par acapant, y payments made in accord- (e) Any payments made in accord- ance with the provisions of this section ante with the provisions of paragraphs shall be made out of the Foreign Service (b) or (c) of this section shall be made out Retirement and Disability Fund. of the Foreign Service Retirement and Disability Fund. New section 637(a) combines into one section the provisions of section 637 and 651 relative to separation for unsatisfactory performance of duty as well as the provisions of sections 638 and 652 relative to separation for misconduct and malfeasance. In so doing the following substantive changes have been made: (1) The Secretary is given the discretion to determine whether an officer or employee should be separated for cause. At present he does not have complete discretion in this matter. Under present provisions it is frequently difficult if not impossible to distinguish between unsatisfactory performance and misconduct. Gravity of a proven case may or may not warrant less stringent forms of discipline than outright dismissals. (2) The requirement of a hearing does not apply if the officer or employee waives his right to a hearing. (3) It may be noted that the revised section applies equally to all Foreign Service officers, Foreign Service Reserve officers, and Foreign Service staff officers and employees. Foreign Service officers who are in probationary status and any other officers and employees of the Service whose appointments are temporary or limited are not subject to the provisions of this section as their services may be terminated at any time at the discretion of the Secretary. Paragraph (b) has been revised to provide retirement benefits specifically for participants in the Foreign Service Retirement and Disability system who are over 45 years of age at time of separation for unsatisfactory performance of duty. This paragraph further provides that participants in the Foreign Service Retire- ment and Disability system who are under 45 years of age at time of separation for unsatisfactory performance of duty shall receive a payment of 1 year's salary or the refund of contributions made to the Foreign Service Retirement and Dis- ability Fund, whichever is greater. Paragraph (c) gives the Secretary authority to determine that the benefits of paragraph (b) may apply to officers and employees separated for cause if in his discretion such action is justified in the light of the nature of the cha Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved F69r Release) l- LC F r,TL-7521 A000400020007-7 The Foreign Service Act of 1046, as amended, does not specifically provide the Secretary with clear-cut authority for the separations, when their services are no longer needed, of Foreign Service Reserve officers, whose appointments, by their designation, are recognized as being temporary or limited in nature. Further, the Foreign Service Act of 1946, as amended, does nc.t provide clear-cut authority for the Secretary to terminate staff officers or employees who are serving under limited appointments. This amendment is design-d to provide statutory au- thority for the termination of such employees at the end of the specified period of employment, upon expiration of the special program for which the employee was appointed, or when the need no longer exists foi the employee's services. This flexibility is needed in order to staff new programs with personnel who are willing to accept such assignments and in order to be able to terminate their services with the minimum of disruption. . PART E-PROMOTION OF FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES CLASS PROMOTION OF STAFF PERSONNEL Existing legislation ~'roposed legislation SEC. 641. [Any staff officer or em- SEC. 641. All promotions of staff ployee may, in accordance with uniform officers anc. employees to a higher class procedures established in regulations shall be mc-de at the same or at a higher prescribed by the Secretary, upon salary on he basis of performance and demonstration of ability to assume merit in ac-ordance with such regulations duties of greater responsibility, be pro- as the Secretary may prescribe. muted to a vacant position in a higher class at' the same or at a higher rate of salary.] Sec)ion'641 is amended to emphasize the fact that all promotions of staff 6ffi,4@rs and employees to a higher class shall be on - competitive basis in relation 'to performance, qualifications, and merit and to p?ovide language that is more nearly consistent with the intent of section 441 relating to the classification of positions. As indicated in the explanation of the proposed Foreign Service salary schedule under section 415, staff personnel upon promotion to a higher class would receive a tangible increase in salary. IN-CLASS PROMOTIONS OF STAFF OFFICEIS AND EMPLOYEES Existing legislation Proposed legislation SEC. 642. [In-class promotions of SEC. 642. (a) Under such regulations staff officers and employees shall be as the Sec.?etary may prescribe, any staff granted in accordance with regulations officer or e nployee whose services meet the prescribed by the Secretary.] standards equired for the efficient conduct of the wori; of the Service shall receive an increase ir; salary at periodic intervals to the next higher salary rate for the class in which he is serving. Without regard to any other law the Secretary is authorized to grant a? ;y such officer or employee addi- tional increases in salary within the salary raisge established for the class in which he is serving, based upon especially meritorious service. No existing legislation. (b) Under such regulations as the Secre- tary may ;?rescribe, any staff officer or em- ployee wl o has achieved the maximum salary rats prescribed by section 415 for the class -n which he is serving may be granted ass additional in-class salary in- crement f2 om time to time in recognition of longevity and proficiency in the Service. Each sucl salary increment shall be equal to the maa imum step rate increment of the applicable class and no person shall re- ceive morn than four such salary incre- ments while serving in the same class. Aft Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release l%~9(9,JWIUFI1-RMN7 9 ,7s21A00040%920007-7 Paragraph (a) of section 642 has been revised to clarify the present provisions for periodic in-class promotions for Foreign Service staff personnel. In addition it provides the Secretary with the same authority to provide for staff personne'. The principal purpose of new section 642(b) is to authorize the Secretary to establish a system of longevity pay increases for staff personnel. The principle and the practice of longevity pay is well established in government and in industry. Although the work performed by staff corps personnel is highly essential and important to the effective functioning of the Service, in the majority of the cases the nature of the duties and the qualifications required therefor impose auto- matic limitations on promotional opportunities in the staff corps. In addition, as a consequence of the Secretary's integration program, promotional oppor- tunities in the staff corps cannot be as attractive as formerly; however, most staff personnel performing in Foreign Service officer positions who qualified for lateral entry were integrated into the Foreign Service officer corps. Longevity pay is not pertinent in the case of Reserve officers whose tenure is limited to a period of five years, and it is not consistent with the promotion and selection-out provisions applicable to Foreign Service officers. In the case of Foreign Service staff corps personnel a longevity pay system will meet a definite need in providing an incentive for qualified and experienced employees to continue in the Service throughout their working careers, thus providing these highly essential skills for the Service with a minimum of turnover and cost. The proposed revision would authorize the Secretary to grant a longevity salary increment from time to time on the basis of significant longevity landmarks in terms of the total years of United States Government service rendered by an employee, provided his record of performance is sufficiently superior to merit the award of such increment. In other words, it is not intended that longevity increments would be awarded automatically on the basis of satisfactory service, as in the case of the regular within-class increases but rather the purpose of the plan is to recognize longevity in combination with proficiency in order to provide a stimulus for long-service employees who remain in the same class to continue to excel in the performance of their duties as well as to continue in the Service. It is contemplated that the Secretary will establish by regulation the eligibility periods for longevity increments under this plan. In all probability these eligibil- ity periods would be established as a minimum of 10 years of service for the first such increase, 15 years for the second, 20 years for the third, and 25 years for the fourth. Achievement of such longevity increases will have a continuing prestige value as they will signify the years of service as well as the fact that the employee has continued to perform his duties in a highly satisfactory manner. After experience with this plan it may be determined that different years of service landmarks might be desirable; e.g., 12 years' minimum service in lieu of 10, etc. Further, provision will be made that employees who have already served 15, 20, or 25 years of service at the time they achieve the maximum step rate of a given class will be eligible for consecutive longevity increases on an annual (or possibly biennial) basis until they reach the longevity increase appropriate for or related to the number of years of service they have completed, provided they have continued their proficiency in the performance of their duties. In this way, some employees with many years of service already completed and who have been paid at the maximum step rate of their present class for a year or more would, at the time of the enactment of this provision, become immediately eligible for a longevity increase and might continue to be so eligible for subsequent lon- gevity promotions on an annual (or biennial) basis; e.g., an employee who has been at the maximum step rate of his class for a year and has completed 20 years of Government service could receive three longevities on an annual basis (provided his proficiency in the performance of his duties continues) until he reached the 20-year longevity rate, at which time he would begin a 5-year waiting period for the last one. in-class increases as a reward for meritorious service as that contained in section, 625 relating to such meritorious in-class promotions for Foreign Service officers Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approve For Relea o E 99JE08i?7 Ac91M 7 PT93721A000400020007-7 TITLE VII. THE FOREIGN SERVICE INSTITUTE ESTABLISHMENT OF THE INSTITUTE Existing legislation Proposed legislation SEC. 701. The Secretary shall, in SEC. 701. Th. Secretary shall, in order to furnish training and instruction order to furnish training and instruction to officers and employees of the Service to officers and Employees of the Service and of the Department and to other and of the Department and to other officers and employees of the Govern- officers and employees of the Govern- ment for whom training and instruction ment for whom training and instruction in the field of foreign relations is neces- in the field of foreign relations is neces- sary, and in order to promote and foster sary, and in order to promote and foster programs of study incidental to such programs of study incidental to such training, establish a Foreign Service training, establish a Foreign Service In- Institute, hereinafter called the In- stitute, hereinafter called the Institute. stitute. The Secretary may also provide appro- priate orientation and language training to dependents of officers and employees of the Government if such officers and em- ployees are assigned to foreign relations activities. The proposed addition to section 701 will give the Secretary specific authority to provide orientation and language training to depend ants of officers and em- ployees of the Government who are to serve in foreign relations activities abroad. APPOINTMENT, ASSIGNMENT, AND DETAIL TO T SE INSTITUTE Existing legislation Proposed legislation SEc. 704. SEC. 704. No existing legislation. (e) The Secretary may, under such regulations as 'Ie may prescribe, in the absence of suitably qualified United States citizens, employ persons who are not citizens of the United States by ap- pointment to tl.e staff of the Institute either on a full- or part-time basis or by contract for services in the United States or abroad at ra, es not in excess of those provided by the Classification Act of 1949, as amenaed (5 TJ.S.C. 1071). A new paragraph (e) has been added to section 704. This will provide the Secretary with authority either to employ on the staf' of the Institute or to contract for the services of aliens for use in language and area training programs. The primary goal of the language and area programs is to have the student achieve a comprehensive speaking and reading proficien~,y of a language as well as an area knowledge of a country. Frequently the persons best qualified to provide such instruction are recent emigres who have not had an opportunity to acquire American citizenship. Such persons may teach in universities to which Foreign Service personnel might be assigned, but their employment on the staff of the Institute has not heretofore been authorized. This authority will enable the Department to strengthen its language and area training programs in the Foreign Service Institute. Both full-time and part-time language and area ins-,ructors and tutors will normally be appointed to the staff of the Institute whey. they are to be used on continuing programs. Authority to employ by contract is considered essential, however, since in many cases persons used in these programs are available in the United States for only short periods of time. In many instances because of the varying requirements of the Institute short term instru-Mors can adequately fill the needs for specialized language and area training. To zvoid excessive turnover in the staff of the Institute, and to meet unforeseen changes or modifications in programs, the flexibility provided by a contract provision, vill bring about economy in the operation of the Institute's programs. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releaspj,"/Z q*A7A721A0004@9020007-7 TITLE VIII. THE FOREIGN SERVICE RETIREMENT; AND DISABILITY SYSTEM PART A-ESTABLISHMENT OF SYSTEM Existing legislation SEc. 803. (b) (2) have paid into the Fund a special contribution [equal to 5 per centum of his basic salary for each year of such service with interest thereon to date of payment, compounded annually at 4 per centum.] No Existing Legislation. Proposed legislation SEc. 803. (b) (2) have paid into the Fund a special contribution for each year of such service in accordance with the provisions of para- graph (b) of section 862. (c) (1) In accordance with such regula- tions as the President may prescribe, any Foreign Service staff officer or employee appointed by the Secretary of State who has completed at least 10 years of con- tinuous service in the Department's For- eign Service, exclusive of military service, shall become a participant in the Foreign Service Retirement and Disability system and shall make a special contribution to the Foreign Service Retirement and Dis- ability Fund in accordance with the pro- visions of section 862. (2) Any such officer or employee who, under the provisions of paragraph (c) (1) of this section, becomes a participant in the Foreign Service Retirement and Dis- ability system, shall be mandatorily re- tired for age during the first year after the effective date of this section 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. Section 803(b) (2) has been revised to conform with revisions made in sections 811 and 852 which increase the rate of compulsory contribution to the Foreign Service Retirement Fund from 5 percent to 6i3 percent. New paragraph 803(c) provides for the participation on a mandatory basis of certain staff officers and employees in the Foreign Service Retirement and Dis- ability system. At the present time staff officers and employees are covered by the Civil Service Retirement system. The 1956 amendments to the Civil Service Retirement Act of 1949 have substantially enhanced the attractiveness of this system. The Foreign Service Retirement system is designed to give recognition to the need for earlier retirement age for career Foreign Service personnel who spend the majority of their working years outside the United States, withstanding the rigors of moving and adjusting themselves and their families to new working and living situations every few years. At the same time, it is apparent that staff officers and employees who serve for an appreciable period are subject in large measure to the same conditions of service as Foreign Service officers who are partic- ipants under the Foreign Service Retirement and Disability system. Under the Secretary's Integration Program approximately 400 staff officers have been unable to qualify for lateral appointment as Foreign Service officers due principally to their inability to meet prescribed age requirements. A recent study of staff per- sonnel in classes FSS-1 through 11, inclusive, indicates that there are about 450 staff officers and employees in those classes who have 10 or more years of creditable service toward retirement. In certain instances staff officers and employees with relatively long periods of service in the Foreign Service may desire to retire voluntarily with full annuity at the earlier age permitted under the Foreign Service Retirement system. In some cases it would be in the interest of the Service and of individual officers and employees if the Foreign Service mandatory retirement provision for retirement at age 60 were made applicable to staff personnel. The need for stimulating somewhat earlier retirement, which is recognized in the case of Foreign Servile Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approve96For ReleaR'99/~7E:AWUgP21A000400020007-7 officers, is also significant in the case of certain Foreigr, Service staff officers and employees. The proposed provision not only would fac litate the development of a united Foreign Service, one of the principal objectives of the integration program, but it would also contribute to improved promotional opportunities for younger staff personnel. The purpose of new paragraph 803(c)(1), therefore, is to provide that Foreign Service staff officers and employees who have completed 10 years of continuous service in the Foreign Service shall become participan~s in the Foreign Service Retirement and Disability system. These officers and employees will be required to make the necessary contribution to the Foreign Service Retirement and Disability Fund. Paragraph (2) provides for the gradual phasing out of officers and employees who are above mandatory retirement age at the time ;hey become participants in the system. Existing legislation Proposed legislation SEC. 804. Annuitants shall be persons Suc. 804. (a) Annuitants shall be who are receiving annuities from the persons who are receiving annuities from Fund on the effective date of this Act the Fund on he effective date of this [,] persons[who shall become entitled Act and all parsons, including widows, to receive annuities in accordance with widowers, dependent widowers children, the provisions of section 519, 631, 632, and beneficiaries of participants or 634, 636, 637, 831, 832, and 833, and annuitants who shall become entitled to all widows] and beneficiaries of par- receive annuities in accordance with ticipants [who are] entitled to receive the provisions ,f this Act, as amended, or annuities in accordance with the [terms in accordance with the provisions of of this title.] section 5 of the Act of May 1, 1956 (70- No existing legislation Stat. 125). (b) When u+:ed in this title the term- (1) "Widow" means the surviving wife of a pa ?ticipant who was married to such participant for at least two years immediately preceding his death or is the Mother of issue by such marriage. (2) "Widower" means the surviving husband of a participant who was married to such participant for at least two years immediately preceding her death or is the father of issue by such marriage. (3) "Dependent widower" means the surviving husband of a participant who was married to such participant for at least two years immediately preceding her death or is thr father of issue by such marriage, and who is incapable of self- support by reason of mental or physical disability, and who received more than one-half of his support from such partici- pant. (4) "Child" means an unmarried child, including- (a) an adopted child, and (b) a step-chi`,d or recognized natural child who received more than one-half of his support from the participant, under the age of eighteen years, or such un- married child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self: support. Section 804 has been redesignated as section 804(a) and changed for purposes of simplification and to provide specifically that surviving children, widowers, and dependent widowers as well as widows may be included as survivor annuitants. New paragrah 804(b) defines the terms "widow", "widower", "dependent widower' and " child". Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release *999O& iclCllAFRD ?flo 21 A000400020007-7 PART B-COMPULSORY CONTRIBUTIONS Existing legislation Proposed legislation SEc. 811. [Five] per centum of the SEc. 811.. Six and one-half per centum basic salary received by each partici- of the basic salary received by each pant shall be contributed to the Fund, participant shall be contributed to the and the Secretary of the Treasury is Fund, and the Secretary of the Treasury directed to cause such deductions to is directed to cause such deductions tp be made and the sums transferred on be made and the sums transferred on the books of the Treasury Department the books of the Treasury Department to the credit of the Fund for the pay- to the credit of the Fund for the pay- ment of annuities, cash benefits, re- ment of annuities, cash benefits, refunds, funds, and allowances. and allowances. The proposed change in this section would increase the rate of contribution to the Foreign Service Retirement and Disability Fund from 5 per centum to 6%12 per centum of basic salary. This is a necessary amendment in view of the increased benefits provided by the proposed revisions in title VIII. PART C-COMPUTATION OF ANNUITIES Existing legislation Proposed legislation SEc. 821. (a) The annuity of a par- SEc. 821. (a) The annuity of a par- ticipant shall be equal to 2 per centum ticipant shall be equal to 2 per centum of his average basic salary for the of his average basic salary for the highest five consecutive years of service, highest five consecutive years of service- for which full contributions have been for which full contributions have been made to the Fund, multiplied by the made to the Fund, multiplied by the number of years [of service], not ex- number of years, not exceeding thirty- ceeding thirty-five [years.] However, five, of service credit obtained in accord- the highest five years of service for ance with the provisions of sections 851, which full contributions have been made 852, and 853. However, the highest to the Fund shall be used in computing five years of service for which full the annuity of any Foreign Service contributions have been made to the officer who serves as chief of mission Fund shall be used in computing the and whose continuity of service as such annuity of any Foreign Service officer is interrupted prior to retirement by who serves as chief of mission and appointment or assignment to any other whose continuity of service as such is position determined by the Secretary interrupted prior to retirement by to be of comparable importance. In appointment or assignment to any determining the aggregate period of other position determined by the Secre- service upon which the annuity is to tary to be of comparable importance. be based, the fractional part of a month, In determining the aggregate period of if any, shall not be counted. service upon which the annuity is to be based, the fractional part of a month, if any, shall not be counted. (b) [At the time of his retirement, (b) At the time of retirement, any a participant, if the husband of a participant may, except as otherwise wife to whom he has been married for provided by section 83.f (a), elect to at least 'three years or who is the receive a reduced annuity and to pro- mother of issue by such marriage, may vide for an annuity payable to his elect to receive a reduced annuity for widow or her widower, commencing on himself and to provide for an annuity the date following such participant's payable to his widow, commencing on death and terminating upon the death the date following his death and con- such surviving widow or widower. tinuing as long as she may live. The ofhe annuity payable to the surviving annuity payable to his widow shall in widow or widower after such partic- no case exceed 25 per centum of his ipant's death shalt be 50 per centum average basic salary as computed in of the amount of the participant's an- accordance with subsection (a) of this nuity, up to the full amount of his section, or 66% per centum of his annuity, specified by him as the base reduced annuity. If the age of the for the survivor benefits computed as participant is less than the age of prescribed in paragraph (a) of this the wife or exceeds her age by not section. The annuity of the partici- more than eight years, the annuity of pant making such ? election shall be the participant will be reduced by an reduced by 2% per centum of any amount amount equal to one-half of the annuity up to $2,400 he specifies as the base for Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Relea a s19$ fa7 AcCl 7 d)3721A000400020007-7 Existing legislation which he elects to have paid to his widow. If the age of the participant exceeds the age of the wife by more than eight years, the annuity of the participant will be reduced by an amount equal to one-half the annuity which he elects to have paid to his widow plus an additional reduction equal to 2 per centum of such widow's annuity for each year, or fraction thereof, that the difference in age exceeds eight. The participant may at his option also elect to have his annu- ity reduced by an additional 5 per centum of the amount which he elects to have paid to his widow, with a pro- vision that, from and after the death of his wife, if the participatnt shall survive her, the annuity payable to the participant shall be that amount which would have been payable if no option had been elected.] Proposed legislation the survivor bens fit plus ten per centum of any amount o9er $2,-1,,00 up to the full amount of the xarticzpant's annuity, so specified. (c) (1) If an a inuitant who made the election provided for in paragraph (b) of this section dies and is survived by a widow or widow er and by a child or children, there s hall be paid to or on behalf of each cl ?ild, in addition to the annuity payable to the surviving widow or widower under such election, an annuity equal to the smallest of., (i) 40 per centum of the annuitant'; average salary divided by the number of children; (ii) $600; or (iii) $1,800 divided between the number of children. (2) If an annuitant who did not make the election provided for in paragraph (b) dies and is survive I by a widow or widower and by a child or children, or if such annuitant is not survived by a widow or widower but by a child or children, each surviving child shall be paid an annuity equal to the smallest of., (i) 60 per centum of the annuitant'. average salary divided by the number of children; (ii) $720; or (iii) $2,160 divided between the number of children. (d) If a surviving widow or widower who is receiving a?,a annuity in accordance with the provisioiw of paragraph (b) of this section dies o:- the annuity of a child is terminated, the annuity of any other child or children ,hall be recomputed and paid as though such wife, husband, or child had not survived the participant. (e) The annui.:y payable to a child under paragraph ;c) or (d) of this section shall begin on the first day of the next month after the participant dies and such annuity or any right thereto shall be terminated upon death, marriage, or attainment of the age of 18 years, except that, if a child is incapable of self-support by reason of mentc.l or physical disability, the annuity shall t e terminated only when such child dies, mzrries, orrecovers from such disability. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For ReleaseF 999/08/27 ~ C~ FARfJ? T21A000408920007-7 REIGN Existing legislation Proposed legislation [(e) A participant who is not married (f) A participant who is not entitled to at the time of his retirement or who is designate a beneficiary in accordance with married to a wife who is not entitled to the provisions of paragraph (b) of this an annuity in accordance with the pro- section may at the time of retirement elect visions of paragraph (b) of this section to receive a reduced annuity for himself may elect to receive a reduced annuity and to provide for an annuity payable after for himself and to provide for an addi- his or her death to a beneficiary whose tional annuity payable after his death to name shall be notified in writing to the a beneficiary whose name shall be noti- Secretary. The participant may elect fied in writing to the Secretary at the that such beneficiary shall receive annuity time of his retirement and who is accept- payments either equal to 50 per centum of able to the Secretary. The annuity the participant's full annuity or to such payments payable to such beneficiary lesser base sum as the participant shall shall be either equal to the deceased designate. The annuity payable to a participant's reduced annuity payments participant making such election shall be or equal to 50 per centum of such re- reduced by 10 per centum of an annuity duced annuity payments and upon the computed as provided in subsection (a) of death of the surviving beneficiary all this section and by 5 per centum of an payments shall cease and no further annuity so computed for each full five annuity payments shall be due or pay- years the person designated is younger able. To combined actuarial value of than the retiring participant, but such the two annuities on the date of retire- total reduction shall not exceed 40 per ment as determined by the Secretary of centum. Upon the death of the surviving the Treasury shall be the same as the beneficiary all payments shall cease and actuarial value of the annuity provided no further annuity payments shall be due by paragraph (a) of this section. No or payable. No such election of a reduced such election of a reduced annuity pay- annuity payable to a beneficiary shall be able to a beneficiary other than a child valid until the participant shall have satis- of the participant shall be valid until factorily passed a physical examination the participant shall have satisfactorily as prescribed by the Secretary. passed a physical examination as pre- scribed by the Secretary. Annuity pay- ments payable in accordance with the provisions of this section to a beneficiary who is a child of a participant shall cease when the beneficiary reaches the age of twenty-one years.] Section 821 has been amended to extend to participants in the Foreign Service system many of the survivorship benefits provided at present by other Federal retirement systems. Paragraph (b) prescribes the formula for computing a joint and survivorship annuity under which the retiring officer elects to receive a reduced annuity and provides upon death an annuity for the widow or widower. In this proposal a formula similar to that provided in the civil service retirement system has been adopted. The proposed legislation eliminates the provision of the existing legis- lation permitting the participant to accept a further reduction of 5 percent of the full annuity, with the provision for restoration of the full annuity if the spouse predeceases the participant. Actuaries regard this as a "gambling pro- vision" unrelated to sound actuarial principles. It can well be eliminated if the new formula is adopted, for the retiring participant will not in that event suffer so great a loss in annuity by reason of making provision for his or her spouse. Paragraph (c) (1) covers the case of an annuitant who elected in favor of a joint and survivorship annuity and is survived by a widow or widower and by a th t dditi i on o e n a child or children. In such a case each child would receive annuity received by the widow an annuity equal to the smallest of: (1) 40 percent of the annuitant's average salary divided by the number of children; (2) $600; or (3) $1,800 divided between the number of children. Paragraph (c) (2) provides that if the annuitant did not make the election under paragraph (b), dies and is survived by a widow or widower and a child or children, or is survived only by children, they shall receive a higher annuity than they would under the care of a parent annuitant. Paragraph (d) provides for an increase in the children's annuities if the sur- viving widow or widower dies, or another child's annuity terminates. Paragraph (e) provides limitations on the payment of annuities to children; i.e., termination upon death, marriage, or attainment of age 18 years of con- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approve For Rele mE 99 /08/27 : CIA-RDP78-03721A000400020007-7 E N ERVICE ACT AMENDMIINTS tinuance until death, marriage, or recovery when a chid is incapable of self- support by reason of mental or physical disability. Paragraph (f) provides for the designation of a beneficiary by a participant who is not married or who is not entitled to designate a beneficiary in accordance with the provisions of paragraph (b). PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS RETIREMENT FOR DISABILITY OR INCAPACITY-PHYSICAL Eli AMINATION-RECOVERY Existing legislation SEC. 831. (a) Any participant who after serving for a total period of not less than five years,] becomes totally disabled or incapacitated for useful and efficient service by reason of disease or injury [incurred in the line of duty but] not due to vicious habits, intemperance, or willful misconduct on his part, shall, upon his own application or upon order of the Secretary, be retired on an an- nuity computed as prescribed in section 821. If the disabled or incapacitated participant has [had] less than twenty years of service at the time he is re- tired, his annuity shall be computed on the assumption that he had had twenty years of service[.] (b) In each case such disability shall be determined [by the report] of [a] duly qualified [physician] or [sur- geon], designated by the Secretary to conduct [the examination]. Unless the disability is permanent, [a] like [examination] shall be made annually until the annuitant has reached the [retirement age as defined in sections 631 and 632, and the payment of the annuity shall cease from the date of a medical examination showing recovery.] Fees for examinations under this provi- sion; together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the Fund. Proposed legislation SEC. 831. (a) Any participant who has five years of service credit toward re- tirement under the system, excluding military or naval service that is credited in accordance with t ie provisions of sections 851 or 855(a) (2) and who becomes to- tally disabled or incapacitated for useful and efficient service by reason of disease, illness, or injury not due to vicious habits, intemperance, or willful misconduct on h:s part, shall, upon his own application or upon order of the Secretary be retired on an annuity computed as prescribed in section 821. If the disabled or incapacitated parti- cipant has less than twenty years of service credit towusrd his retirement under the system at the time he is retired, his annuity shall be computed on the as- sumption that he had had twenty years of service, but the additional service credit that may accrue to a participant under this provision shall in no case exceed the difference between his age at the time of retirement and th ; mandatory retirement age applicable to hss class in the Service. (b) In each case such disability shall be determined by the Secretary upon the basis of the advics of one or more duly qualified physicic ns or surgeons, desig- nated by the Secretary to conduct examinations. Unless the disability is permanent, like examinations shall be made annually u itil the annuitant has reached the statz. Gory mandatory retire- ment age for his class in the Service. If the Secretary determines, on the basis of the advice of one or more duly qualified physicians or surgeons conducting such examinations that an annuitant has re- covered to the extant that he can return to active duty, tine annuitant shall be given the opportunity to be reinstated or reappointed in the Service. The Secretary may reinstate any such recovered dis- ability annuitant in the class in which he was serving at tirze of retirement. The Secretary may, taeing into consideration the age, qualifications, and experience of such officer and the rank of his con- temporaries in the Service, recommend that the President, by and with the advice and consent of the Senate, appoint him to a class higher than the one in which he was serving prior to retirement. Pay- ment of the annuity shall continue until Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Relflasa4991MOWI rC,61 1-03721AOCA400020007-7 Existing legislation (c) [When the annuity is discon- tinued under this provision before the annuitant has received a sum equal to the total amount of his contributions, with accrued interest, the difference shall be paid to him or his legal repre- sentatives in the order of precedence prescribed in section 841.] Proposed legislation a date six months after the date of the examination showing recovery or until the date of reinstatement to active duty in the Service, whichever is earlier. Fees for examinations under this provision, to- gether with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the Fund. If the annuitant fails to submit to examination as required under this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established. (c) If a recovered disability annuitant, whose annuity is discontinued, is for any reason not reinstated to active duty, or reappointed to a higher class in the Serv- ice, he shall be considered to have been separated within the meaning of section 834 as of the date he was retired for dis- ability and he shall, after the discontinu- ance of the disability annuity, be entitled to the benefits of that section or of section 841(a) except that he may elect voluntary retirement in accordance with the provi- sions of section 686 if he can qualify under its provisions. (d) No participant shall be entitled to receive an annuity under this Act and compensation for injury or disability to himself under the Federal Employees' Compensation Act of September 7, 1916, as amended, covering the same period of time. This provision shall not bar the right of any -claimant to the greater bene- fit conferred by either Act for any part of the same period of time. Neither this provision nor any provision of the Act of September 7 1916, as amended, shall be so construed as to deny the right of any person to receve an annuity under this Act by reason of his own services and to receive concurrently any payment under such Act of September 7, 1916, as amended, by reason of the death of some other persons. (e) Notwithstanding any provision of law to the contrary, the right of any participant entitled to an annuity under this Act shall not be affected because such participant has received an award of compensation in a lump sum under section 14 of the Act of September 7, 1916, as amended, except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal Em- ployees' Compensation Fund. Before such person shall receive such annuity Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved F%Release 1P 1 H1?JRyI9JA DP ?D( J3) A000400020007-7 Existing legislation Proposed legislation he shall (1) refund to the Department of Labor the amount representing such computed payments for such extended period, cr (2) authorize the deduction of such amount from th annuity payable to him under this Act, which amount shall be transmitted to such Department for reimb?irsement to such Fund. Deduc- tions from such annuity may be made from accrued and accruing payments, or may be I rorated against and paid from accruing payments in such manner as the Secretary of Labor shall determine, whenever he finds that the financial cir- cumstanc, s of the annuitant are such as to warran! such deferred refunding. Amendments to section 831 are proposed in order to remedy certain defects in existing law. The provisions concerning annual e camination of disability annui- tants are made more strict and a new provision is also made for reinstatement of a disability annuitant who recovers to such an extent that he may return to active duty. Under existing provisions there is no clear authorization for the reinstate- ment of a recovered disability annuitant. The provisions relating to physicians and surgeons who make the examinations upon which disability retirement is determined and upon which reemployment or reinstatement may be based have been changed to provide for the designation by the Secretary of one or more physicians or surgeons Further, the provisions have been changed to authorize the Secretary to make the determination, based on reports of the physicians and surgeons designated by him, that annuitants shall be retired on disability or reinstated or reappointed in the Service. It is con- templated that this will result in the establishment by regulation of a medical board designated by the Secretary to advise h in with respect to disability retirement. The present law provides that any participant who has 5 years of service credit is eligible for disability retirement. The proposed amendment would exclude from those 5 years free service credit granted for military service for which no contributions have been made to the fund. The existing law provides that a disability annuitant is automatically given a minimum of 20 years of service credit. This prevision is amended to limit the amount of extra service credit that can be credited to a disability annuitant to the difference between his age at the time of retirement and the mandatory retire- ment age applicable to his class in the Service. T) credit him with more service credit than he could acquire should he continue in the Service until he reached the retirement age would be unwarranted. Provision is also made to prevent duplication of disability benefits by the Foreign Service retirement and disability system and the Federal Employees' Compensation Bureau. The last sentence of paragraph (d) is based upon anal- ogous provisions of the Civil Service Retirement Net and has the same intent; to permit a widow to receive an annuity in her own right; that is, based on her own service as an employee of the U.S. Government, and also to receive any Compensation payable by reason of the death of her husband resulting from injury sustained in the performance of his duty as an empoyee of the U.S. Government. Existing legislation SEc. 832. [In case a participant shall die without having established a valid claim for annuity, the total amount of his contributions with interest thereon at 4 per centum per annum, com- pounded on June 30 of each year, except as provided in section 881 and as herein- aftertprovided in this section, shall be paid to his legal representatives in the order..of precedence given under section Proposed legislation SEC. 83?. (a) In case a participant shall die and no valid claim for annuity is payable under the provisions of this Act, his contri-iutions to the Fund, with in- terest, shall be paid in accordance with the provisions of sections 841(a) and 881. (b) If it participant who has at least five years of service credit toward retire- ment under the system, excluding military or naval service that is credited in accord- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Re 1 W ,WAT Agj~%fPR78-03721A990400020007-7 Ewisting legislation 841 upon the establishment of a valid claim therefor. If the deceased par- ticipant rendered at least five years of service, and is survived by a widow to whom he was married for at least three years, or who is the mother of issue by such marriage, such widow shall be paid an annuity equal to the annuity which she would have been entitled to receive if her husband had been retired on the date of his death and had elected to re- ceive a reduced joint and survivorship annuity, computed as prescribed in sec- tion 821, providing the maximum an- nuity for his widow, unless prior to the date of his death he shall have elected, in lieu of such widow's annuity, and with the approval of the Secretary, to have his deductions returned with interest as provided in the first sentence of this section covering participants dying without having established a valid claim for annuity. If the de- ceased participant had had less than twenty years of service at the time of his death, the annuity payable to his widow shall be computed on the assump- tion that he had had twenty years of service.] Proposed legislation ante with the provisions of sections 851 or 852(a) (2), dies before separation or retire- ment from the Service and is survived by a widow or a dependent widower, who qualifies for an annuity under the pro- visions of paragraph (b) of section 821, such widow or dependent widower shall be entitled to an annuity equal to 50, per centum of the annuity computed in accord- ance with the provisions of paragraph (e) of this section and paragraph (a) of sec- tion 821. The annuity of such widow or dependent widower shall commence on the date following death of the participant and shall terminate upon death of the widow or dependent widower or upon the dependent widower's becoming capable of self- support. (c) If a participant who has at least five years of service credit toward retire- ment under the system, excluding military or naval service that is credited in accord- ance with the provisions of sections 851 or 852(a) (2) dies before separation or retirement from the Service and is survived by a widow or a dependent widower, who qualifies for an annuity under the provi- sions of paragraph (b) of section 821, and a child or children, each surviving child shall be entitled to an annuity com- puted in accordance with the provisions of paragraph (c) (1) of section 821. The child's annuity shall begin and be termi- nated in accordance with the provisions of paragraph (e) of section 821. Upon the death of the surviving widow or de- pendent widower or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though such widow or depend- ent widower or child had not survived the participant. (d) If a participant who has at least five years of service credit toward retire- ment under. the system, excluding military or naval service that is credited in accord- ance with the provisions of sections 851 and 852(a) (2), dies before separation or retirement from the Service and is not survived by a widow or widower, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of para- graph (c) (2) of section 821. The child's annuity shall begin and terminate in ac- cordance with the provisions of paragraph (e) of section 821. (e) If, at the time of his or her death, the deceased participant had less than 20 years of service credit toward retirement under the system, the annuities payable in accordance with paragraph (b) of this section shall be computed in accordance with the provisions of section 821 on the assumption he or she had had 20 years of service, but the additional service credit Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved Ford telease 19?Qffl/27 : CIA-RDP78-03721A000400020007-7 0 N SERVICE ACT AMENDMENTS Existing legislation Proposed legislation that ma j accrue to a deceased participant under tl is provision shall in no case exceed the difr.rence between his or her age on the date of death and the mandatory retire- ment age applicable to his or her class in the Service. In all cases arising under paragra ohs (b), (c), (d) or (e) of this section, it shall be assumed that the de- ceased participant was qualified for retire- ment on the date of his death. This section is changed to take into account the fact that for the first time married females have become participants in the system. A limitation is placed on the amount of free service credit that can be counted in computing annuities for the same reason as that set forth in section 831. The provision inserted in section 831 forbidding the inclusion of credit for military service in the "five- year period of-service" is included in this section also. It should be recalled here that section 821(b) authorizes a survivorship aniuity only for a widow who has been married to a participant 2 years or is the mother of issue by such marriage. Section 832, by its reference to section 821, makes this limitation equally applicable in the case of a widow's annuity in the event cf the death in service of a par- ticipant. DISCONTINUED SERVICE RETIREMENT Existing legislation Proposed legislation No existing legislation. SEC. 834. (a) Any participant who voluntazily separates from the Service after obtaining at least five years of service credit toward retirement under the system, excludiz g military or naval service that is credited in accordance with the provisions of sections 851 or 852(a) (2), may, upon separatign from the Service or at any time prior to becoming eligible for an annuity, elect to nave his contributions to the Fund returnee to him in accordance with the provisio azs of section 841, or to leave his contributions in the Fund and receive an annuity computed as prescribed in sec- tion 82i commencing at the age of sixty years. The provisions of paragraph (f) of section 821 shall not be applicable to such pa,-ticipants. (b) I ` a participant who has qualified in actor lance with the provisions of para- graph (a) of this section, to receive a deferred annuity commencing at the age of sixty dies before reaching the age of sixty his contributions to the Fund, with interest, shall be paid in accordance with the provisions of sections 841 and 881. Section 834 is new in Foreign Service legislation. While participation in the Foreign Service retirement system was limited to a small Foreign Service officer corps, there was comparatively little need for a provision covering discontinued service, since resignations and separations of officers were relatively infrequent after they had acquired as much as 5 years of se:vice. Now, however, since the Foreign Service officer corps has been greatly exps,nded and certain staff personnel have been brought under the Foreign Service retirement system, we can expect a larger proportionate number of voluntary separations than formerly. It is for this reason that the Department needs legislatic n covering discontinued service annuities which are similar to those of the civil service system. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 9/ 8/21vicigI RDR78r-k21A000400020007-7 PART E-DISPOSITION OF CONTRIBUTIONS AND INTEREST IN EXCESS OF BENEFITS RECEIVED Existing legislation SEc. 841. (a) Whenever a participant becomes separated from the Service without becoming eligible for an annu- ity or a deferred annuity in accordance with the provisions of this Act, the total amount of contributions from his salary with interest thereon at 4 per centum per annum, compounded annually [up to the date of such separation]., except as provided in section 881, shall be re- turned to him. . (b) In the event that the total con- tributions of a retired participant, other than voluntary contributions made in accordance with the provisions of sec- tion 881, with interest [compounded annually] at 4 per centum added there- to, exceed the total amount returned to such participant or to an annuitant claiming through him, in the form of annuities, accumulated at the same rate of interest up to the date the annuity payments cease under the terms of the annuity, the excess of the accumulated contributions over the accumulated an- nuity payments shall be paid in the fol- lowing order of precedence, upon the establishment of a valid claim therefor: (1) To the beneficiary or benefi- ciaries designated by the retired par- ticipant in writing to the Secretary; (2) If there be no such beneficiary, [to the duly appointed executor or administrator of the estate of the re- tired participant]; (3) [If there be no such beneficiary, or executor or administrator, pay- ment may be made to such person or persons as may appear in the judg- ment of the Secretary to be legally entitled thereto, and such payment shall be a ban to recovery by any other person.] 'Proposed legislation SEc. 841. (a) Whenever a participant becomes separated from the Service without becoming eligible for an annu- ity or a deferred annuity in accordance with the provisions of this Act, the total amount of contributions from his salary with interest thereon at 4 per centum per annum, compounded annually at the end of each ,fiscal year through June 30, 1958; semi-annually as of December 31, 1958; annually thereafter as of December 31, and proportionately for the period served during the year of separation in- cluding all contributions made during or for such period, except as provided in section 881, shall be returned to him. (b) In the event that the total con- tributions of a retired participant, other than voluntary contributions made iii accordance with the provisions of sec- tion 881, with interest at 4 per 'centuni per annum compounded annually as i's` provided in paragraph (a) of this section added thereto, exceed the total amount returned to such participant or to an annuitant claiming through him, in the' form of annuities, accumulated at the same rate of interest up to the date the annuity payments cease under the terms of the annuity, the excess of the accumulated contributions over the ac- cumulated annuity payments shall be paid in the following order of preced- ence, upon the establishment of a valid claim therefor, and such payment shall be a ban to recovery by any other person: (1) To the beneficiary or benefi- ciaries designated by the retired par- ticipant in writing to the Secretary; (2) If there be no such beneficiary, to the widow or widower of such par. ticipant; (3) If none of the above, to the child or children of such participant and descendents of deceased children by representation; (4) If none of the above, to the par- ents of such participant or the survivor of them; (5) If none of the above, to the duly appointed executor or administrator of the estate of such participant; (6) If none of the above, to other next of kin of such participant as may be determined by the Secretary in his judgment to be legally entitled thereto. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Rele 199 O&il27Ac2CiA 7&03721 A000400020007-7 Existing legislation (c) No payment shall be made pur- suant to paragraph (b) [(3)] of this section until after the expiration of thirty days from the death of the re- tired participant or his surviving an- nuitant. Propose Z legislation (c) No payment shall be made pur- suant to paragraph (b) (6) of this sec- tion until after t me expiration of thirty days from the death of the retired par- ticipant or his surviving annuitant. Sections 841 and 881 provide, in addition to other provisions, the basis upon which interest is computed on mandatory contribution: that exceed benefits received under the Foreign Service retirement and disability system and upon voluntary contributions to the fund. Because they set the periods upon which interest on these contributions is compounded, they also control the recordkeeping and reporting on the Foreign Service retirement and disability fund. Paragraphs 841 (a) and (b) have been amended to establish the compc unding of interest and the keeping of records on a calendar-year basis instead of .z fiscal-year basis as is now required by existing language. This will simplify the administration of the Foreign Service retirement and disability fund by providir g a uniform system of controls and records for all retirement and tax deductions, payrolls, and for the computation of interest on retirement deductions. At th 3 present time records and reports pertaining to the civil service retirement funs, the Federal income tax, and the FICA tax are all maintained on a calendar-year basis. The fact that the Foreign Service retirement and disability fund ha, had to be maintained on a fiscal-year basis has necessitated a separate system of recordkeeping involving 6-month reports from Foreign Service posts on contributions to the fund, and a separate system for the compilation of retirement deductions. An amendment to the civil service retirement system, similar to this, was male by Public Law 216, approved March 9, 1945 (79 Stat. 577). This change is the Foreign Service retirement and disability system will help reduce the cost of the administration of the system as the number of participants increases with expansion of the Foreign Service. The proposed additional changes in paragraphs (b) and (c) of this section are for the purpose of bringing the provisions relating to the order of precedence for the payment, when annuity payments cease, of contributions and interest in excess of benefits received into conformity with standard actuarial practice. This will be an administrative convenience since it will further standardize accounting practices in the Department. Existing legislation SEc. 851. For the purposes of this title, the period of service of a partici- pant shall be computed from the effec- tive date of appointment as a Foreign Service officer, or, if appointed prior to July 1, 1924, as [diplom.atic secretary, consul general, consul, vice consul, deputy consul, consular assistant, con- sular agent, commercial agent, inter- preter, or student interpreter, and shall include periods of service at different times as either a diplomatic or consular officer, or while on assignment to the Department, or while on special duty or service in another department op establishment of the Government, or while on any assignment in accordance with the provisions of part II of title V,] but all periods of separation from the Service and so much of any, leaves of absence as may exceed six months in the aggregate in any calendar year shall be excluded, except [sick] leaves of ab- Propo&;d legislation SEC. 851. For the purposes of this title, the period of service of a partici- pant shall be computed from the effec- tive date of appointment as a Foreign Service officer, or, if appointed prior to July 1, 1924, as en officer or employee of the Diplomatic or Consular Service of the United States, or who becomes a partici- pant under the provisions of this Act, as amended, but all periods of separation from the Service and so much of any leaves of absence without pay as may exceed six months in the aggregate in any calendar year shall he excluded, ex- cept leaves of absence while receiving benefits under the Federal Employees' Compensation Acs of September 7, 1916, as amended, and leaves of absences granted participants while performing active and honor zble military or naval service in the Army, Navy, Air Force, Marine Corps, o.- Coast GnsrA of the United States. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 77 sence [for illness or injury in incurred in the line of duty, with or without pay,] and leaves of absences granted partici- pants while performing active military or naval service in the Army, Navy, Marine Corps, or Coast Guard of the United States. The language of the former section 851 has been simplified and clarified with respect to periods of service which are creditable toward retirement. In addi- tion, specific provision has been made to give participants full service credit toward retirement while they are on leaves of absence during which they receive benefits from the Bureau of Employees' Compensation. The insertion of the phrase "and honorable" in relation to military and naval service precludes the possibility of a participant receiving credit for military service for which he has received a "dishonorable" discharge. Existing legislation Proposed legislation SEc. 852. f a) A participant may, sub- SEc. 852. (a) A participant may, ject to the provisions of this section, subject to the provisions of this section, include in his period of service- include in his period of service- (1) service performed as a civilian (1) service performed as a civilian officer or employee of the Govern- officer or employee of the Govern- ment prior to becoming a partici- ment, including the municipal govern- pant; and ment of the District of Columbia, prior to becomin a artici ant and (2) active military or naval service g p p ; (2) active and honorable military in the Army, Navy, Marine Corps, or naval service in the Army, Navy, Air Force, or Coast Guard of the Marine Corps, Air Force, or Coast United States. Guard of the United States. (b) A person may obtain [credit (b) A person may obtain prior civil- for] prior service by making a special contribution to the Fund equal to 5 per centum of his annual salary for each year of service for which credit is sought subsequent to July 1,- 1924, [with interest thereon to date of pay- ment compounded annually at 4 per centum, except that no special con- tributions shall be required for periods of active military or naval service in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States prior to becoming a participant.] Any such participant may, under such conditions as may be determined in each instance by the Secretary, pay such special contributions in install- ments [during the continuance of his service]. ian service credit in accordance iwth the provisions of paragraph (a) (1) of this section by making a special contribution to the Fund equal to 5 per centum of his basic annual salary for each year of service for which credit is sought sub- sequent to July 1, 1924, and prior to the effective date of this Act, and at 6% per centum thereafter with interest com- pounded annually at 4 per centum per annum to the date of payment. Any such participant may, under such con- ditions as may be determined in each instance by the Secretary, pay such special contributions in installments. (c)(1) If an officer or employee under some other government retirement system, becomes a participant in the Foreign Service Retirement and Disability system by direct transfer, such officer or employee's total contributions and deposits, including interest accrued thereon, except voluntary contributions; shall be transferred to the Foreign Service Retirement and Disability Fund effective as of the date such officer .or employee becomes a participant in the system. Each such officer or employee shall be deemed to consent to the transfer Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 78 FOREIGN SERVICE ACT AMENDMENTS [(c) Nothing in this Act shall be construed so as to affect in any manner a participant's right to retired pay, pension, or compensation in addition to the annuities herein provided, but no participant may obtain prior service credit toward an annuity under the Foreign Service Retirement and Dis- ability System for any period of service, whether in a civilian or military capa- city, on the basis of which he is receiving or will in the future be entitled to receive any annuity, pension, or other retire- ment or disability payment or allowance.] Pre posed legislation of such funds and such transfer shall be a complete discsarge and acquittance of all claims and demands against the other government retirement fund on account of service rende7ed prior to becoming a participant in the Foreign Service Retire- ment and Disability system. (2) No gffiIJr21A000400020007-7 The temporary provisions proposed above provide for an orderly and equitable conversion of all personnel paid in secordance with the present rates of the Foreign Service staff salary schedule to the new classes and rates of the proposed Foreign Service staff schedule. The salary adjustments involved are held to the minimum possible while maintaining present salary relationships of personnel. While the conversion. plan necessitates new class designations in most all cases, the large majorit;r of personnel will receive a higher class number by virtue of the reduction in the total number of classes in the schedule. SEC. 42. The annuity of each former participant under the Foreign Service Retirement and Disability system, who retired prior to July 28, 1956, and who at the time of his retirement had creditable service in excess of thirty years, shall be recomputed on the basis of actual years of creditable service not in excess of thirty-five years. Service which was not creditable under the Foreign Service Retirement and Disability system on the date a forrier participant retires, shall not be included as creditable service for the purpose )f this recomputation. The annuities payable to such persons shall, when recomputed, be paid at the rates so determined, but no such recomputation or any other action taken pursuant to this section shall operate to reduce the rate of the annuity any such person is entitled to receive under the Foreign Service Retirement and Disability system. Public Law 828, 84th Congress, amended section 821(a) by increasing from thirty to thirty-five the number of years of creditable service that may be used in the computation of annuities. It is relieved that through over- sight this provision was not at that time made applicable to former partici- pants in the system who had retired with more than thirty years of creditable service but whose annuities had been computed on the basis of only thirty years' service. This proposed temporary section will make it possible to recompute the annuities of all former participa its in the system who did not receive the full benefit of their creditable service at the time of their retirement. The provision is applicable only to former participants and does not apply to surviving annuitants. SEC. 43. (a) The provisions of this Act shall become effective as of the first day of the first pay period which begins one month alter the passage of this Act, except as otherwise provided in paragraphs (b), (c), and (d) of this section. (b) The provisions of paragraphs (c) (1) and (c) (2) c f section 803 of the Foreign Service Act of 1946, as amended, by section 24(b) of this Act, shall become effective on the first day of the first month which begins one year after the effec- tive date of this Act, except that any Foreign Service staff officer or employee, who at the time this Act becomes effective meets the requirements for participa- tion in the Foreign Service Retirement and Disability system, may elect to become a participant in the system before the mandatory provisions become effective. Such Foreign Service staff officers and employees shall become par- ticipants effective on the first day of the second month following the date of their application for earlier participation. (c) The amendment made by section 41 of this Act shall be effective with respect to taxable years ending after the date of enactment of this Act. (d) The provisions of section 43 of this Act shall lake effect on the first day of the first month which begins more than thirty days after the date of enactment of this Act. The purpose of this section is self-evident. SEC. 44. Notwithstanding the provisions of this Act, existing rules, regulations of or applicable to the Foreign Service of the United states shall remain in effect until revoked or rescinded or until modified or superseded by regulations made in accordance with the provisions of this Act, unless clearly inconsistent with the provisions of this Act. Section 45 is a necessary provision as it may not be possible to revise completely all regulations and Executive orders now affecting the Service before the effective date of the act. Without a provision such as that contained in this section, there might be a question regarding the continuing effect of some of these regulations. SEC. 45. The following headings and sections in the Foreign Service Act of 1946, as amended, are hereby repealed: (1) Section 442 of such Act and the heading theretc. (2) Section 525 of such Act and the heading theretc. (3) Section 576 of such Act and the heading theretc. (4) Sections 651 and 652 of such Act and the headings thereto including Part F. The repeal of the various sections of the bill )resently containedin the Foreign Service Act of 1946, as amended, are proposed for the following reasons: Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releq?& 9W 7A,cC1&iUDRffh~03721A000400020007-7 (1) Section 442-Proposed new section 416 supersedes the provisions of section 442. (2) Section 525-This provision which authorizes the Secretary to define by regulation periods during which a Reserve officer may be considered as on active duty is one that has not been used in the Foreign Service. Foreign Service Reserve officers are appointed for limited periods and are subject to termination at the discretion of the Secretary. An "inactive" Foreign Serv- ice Reserve Officer Corps does not exist and Foreign Service Reserve officers are not normally recalled to "active duty." (3) Section 576-Revised section 571 supersedes section 576 and contains the provisions of section 576 which the Department wishes to retain. (4) Sections 651 and 652-Revised section 637 supersedes sections 651 and 652 and includes the provisions of these sections which the Department wishes to retain. ESTIMATED COST OF PROPOSED BILL Department of State let year coat Item 1. Conversion to the proposed 10 class FSS schedule (sec. 415). Comment: The estimated cost is based on salary adjustments of Foreign Service staff employees of the Department of State (3691), who are paid in accordance with section 415, of the Foreign Service Act of 1946, as amended------------------ $187, 640 2. Hazardous duty pay for diplomatic couriers (sec. 447). Comment: The estimated cost is based on an average 10 percent salary adjustment for 55 of the 63 couriers on the Depart- ment's 28, 362 rolls as of October 31, 1958----------------------- 3. In-class promotion of Foreign Service staff officers and employees (sec. 642. Comment: It is estimated that 1 percent of FSS employees (37) would receive in-class promotions and 1.9 percent (70) would receive longevity increases. The estimated cost of $21,935 was computed by multiplying 107 times $205, the 21, 935 average within class increment--------------- ------------------------- ,Revised formula for computing reduction in officer's annuties when survivorship benefits are elected (sec. 803). Comment: At present elected survivors' annuities average about $2,400 for which the respective officer's annuity is reduced by approximately 50 percent or $1,200. Under the revised formula the comparable reduction in the officer's annuity would be 121,4 percent or $300. During the first year of operation under the revised formula the additional cost to the retirement fund would be negligible. Eventually the cost would average 6.6 percent of the retired rolls----_- 5. Coverage of present FSS officers (sec. 803). Comment: Approximately 475 FSS officers presently on the rolls have been in the Service at least 10 years and qualify for the proposed coverage. The additional liability for the coverage of this group under the Foreign Service retirement system is estimated at $14 million. It is pointed out, how- ever, that the civil service retirement fund would be relieved of a comparable liability---_-_-__ 6. Coverage of approximately 25 additional FSS officers annually (sec. 803). Comment: An average of 25 FSS officers would qualify for coverage annually upon completion 10 years of service. The additional liability for this group would be approximately $250,000. Again it is pointed out that the civil service retirement fund would be relieved of a comparable liability- 7.f.Creditng officers now on retired rolls with up to 35 years service credit (sec. 34). Comment: Based on analysis of officers on the retired rolls at the beginning of fiscal year 1958, the cost of the provision would be approximately $190,000 during the first year. Thereafter the annual cost would decrease and eventually 190 000 disappear with the death of such officers------------------ Total ----------------------------------------------- 427,937 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved 1F8r Release 08 tCV6RAr7 21 A000400020007-7 COMPTROLLER GENERAL OF THE UNITED STATES, Hon. J. W. FULBRIGHT, Washington, April 15, 1959. Chairman, Committee on Foreign Relations, U.S. Senate DEAR MR. CHAIRMAN: Your letter of March 18, 1959, acknowledged March. 25, requests our comments upon S. 443, entitled the' Foreign Service Act Amend- ments of 1959, which would effect numerous changu:s in the existing provisions of the Foreign Service Act of 1946, as amended, 22 Uluted States Code 801 et seq. While for the most part the bill involves matters o:` policy upon which we offer no recommendation, we should like to direct your attention to certain of its provisions which we think warrant further consideral ion. Section 9 and 36.-Section 9 would amend section 520 of the Foreign Service Act and section 36 would add a new section (secti(n 872) to that act. Their combined effect would be to provide express statutory authority for a person's receiving an annuity under the Foreign Service Act to accept a Government position and-within the limitations specified in the new section 872-receive the compensation of that position concurrently with such annuity. Subsection (b) of the new section 872 would prescribe a rather cumbersome procedure for paying annuitants who accept employment in Government agencies other than the Department of State. In such a case the employing agency, rather than its paying the employee directly, would transfer the gro >s amount of all salary due him to the Department of State which would then p zy the salary together with such portion of the annuity as he would be entitled to receive under section 872. That procedure would be particularly cumbersome were an annuitant upon em- ployment to earn compensation greater than the "highest basic salary" to which he was entitled on the date of his retirement. We think there is considerable merit to the view tha i the receipt of a retirement annuity under the Foreign Service retirement system concurrently with the com- pensation of a position in which the annuitant is activf ly employed is inconsistent in principle (see 16 Comp. Gen. 121; 32 id. 89; Brunswick v. Elliott, 103 F. (2) 746) and that either the annuity should be suspended daring the period of active employment or the compensation payable to the employee during such period' should be reduced by an amount equivalent to the %mount of the annuity he receives. Such reduction in compensation would be consistent with and would conform with the Civil Service Retirement Act which requires a reduction in the compensation payable to an annuitant under that ael who is employed by the Government by an amount equal to the annuity he receives. If either of these alternatives is acceptable to your committee, then the procedure prescribed in subsection (b) of the new section 872 would be unnecessary and such paragraph could be eliminated from the bill. Section 14.-This section would amend section 625 of the Foreign Service Act of 1946 to authorize the Secretary of State without regard to any other law to. grant a Foreign Service officer or a Foreign Service Reserve officer additional salary rate increases within the range of salary rates established for the class in which he is serving based upon "especially meritorious service." The Congress by the enactment of title III of the act of Septemb ar 1, 1954, 68 Stat. 1112, entitled the "Government Employees Incentive Awards Act" provided a single uniform system for rewarding employees of the various Departments and agencies (including officers and employees of the Foreign Service) for especially meritorious service. The provisions of section 14 of the bill appear clearly contrary to the policy enunciated by the Congress in enacting the Government Employees Incentive Awards Act. Therefore, we entertain seric us reservation concerning the necessity or desirability of this provision. Howev.;r, should you decide that the inclusion of a provision such as that contained in t:Iis section is desirable and' that salary rate increases based upon "especially meritorious service" should be provided for, then we would suggest that the section expressly specify whether its intent, so far as the Foreign Service is concerned, is to supersede or merely supplement the present authority contained in the Government Employees Incentive Awards Act. We also offer for your consideration the question whether some limitation should be placed upon the number of meritorious rate increases that may he granted Foreign Service officers and Reserve officers within any specified period of time. Section 21.-This section would amend section 642 cf the Foreign Service Act of 1946, as amended, to authorize the granting of me ?itorious rate increases to Staff officers and employees. The comments made with respect to section 14 are equally applicable to this section. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 89 The section also would authorize periodic rate increases within the range of rates of the class in which the officer or employee is serving. We suggest that the section be amended to specify a minimum period which must be served by an officer or employee to entitle him to a periodic salary rate increase. Similarly, the section authorizes the granting of four additional salary rate increases-over and above the rates specified in the bill for each class-in recognition of longevity and proficiency in service. We recommend that standards be prescribed in the section setting forth minimum requirements that must be complied with as condi- tions of eligibility for such increases. We think also that the term "proficiency in the service" as used in the section either should be defined or omitted from the section. Section 22.-This section would amend section 701 of the Foreign Service Act of 1046 to authorize orientation and language training of dependents of officers and employees of the Government who are assigned to "foreign relations activi- ties." The term "foreign relations activities" is not defined in the bill and it is difficult to determine just what that term is intended to encompass. Conceivably, it could be interpreted to apply to all activities conducted by Government depart- ments and agencies in foreign countries regardless of the relative significance or importance of such activities. Moreover, the term "dependents" as used in this section is not defined. We do not know whether it is intended to apply to children regardless of age or to persons who are not members of the immediate family of the officer or employee but who might be dependent upon him for support. We recommend that the section be clarified in these respects. Section 33(b).-This section would amend section 852 of the Foreign Service Act of 1946 by the addition of new paragraphs (d) and (e). These new para- graphs apparently are modeled after comparable provisions in the Civil Service Retirement Act Amendments of 1956-title IV of the act of July 31, 1956, 70 Stat. 743. We recommend that the proposed new paragraph (e) be amended to accomplish the following purposes: (1) Preclude the granting of credit for military service if the participant is entitled to receive retirement pay based upon military service unless such retired pay is awarded on account of a service-connected disability (1) incurred in combat with an enemy of the United States or (2.) caused by an instrumentality of war and incurred in line of duty during an enlistment or employment as provided in Veterans Regulation No. 1(a), part I, paragraph I or is awarded under title III of Public Law 810, 80th Congress. This action would be consistent with the present provisions contained in section 3(b) of the Civil Service Retirement Act. (2) Limit the number of years of military service for which credit may be re- ceived after the date of enactment of this bill. If an individual by his own choice elects to remain in the military service for long periods of time, there appears little reason why this entire period should be creditable for Foreign Service Retirement Act purposes. The Civil Service Retirement Act places a limitation of 5 years on the military service that is creditable. As a technical matter the term "an explosion of" should be omitted from line 9, page 35, of the bill if it is intended that this exception conform with similar excep- tions appearing in section 212(b) of the net of June 30, 1932, as amended, 5 United States Code, 59a, and section 3(b) of the Civil Service Retirement Act, 70 Stat. 746. . . Sincerely yours, JOSEPH CAMPBELL, Comptroller General of the United States. [S. 2233, 86th Cong., 1st sess.] A BILL To amend the Foreign Service Act of 1946, as amended and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act nihy be cited as the "Foreign Service Act Amendments of 1959". SEC. 2. Section 444 of such Act and the heading thereto is amended to read as follows: "COMPENSATION PLANS FOR ALIEN CLERKS AND EMPLOYEES "SEC. 444. (a) The Secretary shall, in accordance with such regulations as he may prescribe, establish compensation plans for local (alien) employees of the Service: Provided, That such compensation plans for local employees shall be based upon prevailing wage rates and compensation practices for corresponding types of positions in the locality, as is consistent with the public interest. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS "(b) For the purpose of performing functions abroad, other departments and agencies of the Government are authorized to administer. local (alien) employee programs in accordance with the applicable provisicns of this Act." SEC. 3. (a) The heading to section 516 of such Act is amended to read as follows: "ADMISSION TO CLASS 7 OR 8". (b) Section 516 of such Act is amended by striking out "SEC. 516" and inserting in lieu thereof "SEC. 516. (a)" and by adding at the end thereof a new paragraph (b) which shall read as follows: "(b) The Secretary may furnish the President witl. the names of those persons who have passed such examinations and are eligible for appointment as Foreign Service officers of class 8, whom he recommends for appointment directly to class 7 when in his opinion, their age, experience, or other qualifications make such an appointment appropriate." SEC. 4. Section 517 of such Act is amended by inserting in the first sentence after the phrase "classes 1 to 7, inclusive," the phrase "except as provided in section 516(b) of this Act," and by striking out the second and third sentences thereof. SEC. 5. (a) Subparagraphs (1) and (2) of paragraph (b) of section 634 of such Act are amended to read as follows: "(1) one-twelfth of a year's salary at his then current salary rate for each year of service and proportionately for a 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 installments on the 1st day of January follc wing the officer's separation and on the two anniversaries of this date immediately following: Provided, That in special cases, the Secretary may in his discretion accelerate or com- bine the installments; and "(2) a refund of the contributions made to the Foreign Service Retirement and Disability Fund, with interest as provided iii section 841(a), except that in lieu of such refund such officer may, if he has at least five years of service credit toward retirement under this system, excluding military or naval service that is credited in accordance with the'provisions of section 851 or 852(a), elect to receive retirement benefits on Leaching the age of sixty in accordance with the provisions of section 821. In the event that an officer who was separated from classes 4 or 5 and who ins elected to receive retire- ment benefits dies before reaching the age of si cty, his death shall be con- sidered a death in service within the meaning of section 832. In the event that an officer who was separated from classes 6 and 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)." (b) Paragraph (c) of section 634 of such Act shall be amended by striking out the word "retired" in the first sentence and inserting in lieu thereof the word ' `separated". SEC. 6. Section 635 of such Act and the heading thereto are amended to read as follows: "FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 7 OR 8 "SEC. 635. Any Foreign Service officer in class 7 who is appointed under the provisions of section 516(b) and any Foreign Service cffficer in class 8 shall occupy probationary status. The Secretary may terminate 1Lis service at any time. SEC. 7. Paragraphs (b) and (c) of section 637 of such Act are amended to read as follows: "(b) Any participant in the Foreign Service Retirement and Disability System separated under the provisions of paragraph (a) of this section shall receive a refund of the contributions made to the Foreign Service Retirement and Disability Fund, with interest, as provided in section 841(a) exce At that in lieu of such refund such officer may, if he has at least five years of serv.ce credit toward retirement under this System, excluding military or naval service that is credited in accord- ance with the provisions of sections 851 or 852(a), elect to leave his contributions in the Fund and receiye an annuity, computed as pr .scribed in section 821 com- mencing at the age of sixty years. In the event that an officer who has elected under the provisions of this section to receive a d3ferred annuity dies before reaching the age of sixty, his contributions to the P und, with interest, shall be paid in accordance with the provisions of sections 841 and 881. "(c) Any officer or employee of the Service who is not a participant in the Foreign Service Retirement and Disability System s:iall be entitled only to such Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 benefits as shall accrue to him under the retirement system in which he is a participant." SEc. 8. Section 912 of such Act is amended by changing the heading thereto to read "LOAN OF HOUSEHOLD FURNISHINGS AND EQUIPMENT" and by inserting between the words "with household" the word "basic" and by inserting between the words "household equipment" the phrase "furnishings and". SEc. 9. Section 913 of such Act and the heading thereto is amended to read as follows: "TRANSPORTATION OF MOTOR VEHICLES "SEc. 913. The Secretary may, notwithstanding the provisions of any other law, transport for (or). on behalf of an officer or employee of the Service, a privately owned motor vehicle or replacement thereof in any case where he shall determine that water, rail, or air transportation of the motor vehicle or replacement thereof is necessary or expedient for any part or of all the distance between points of origin and destination." 1954 (26 U.S.C. 104(a) (4)) (relating to the exclusion from gross income of com- pensation for injuries and sickness) is hereby amended to read as follows: "(4) amounts received as a pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the armed forces of any country or in the Coast and Geodetic Survey or the Public Health Service, or as a disability annuity payable under the provisions of section 831 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1081; 60 Stat. 1021)." (b) (1) Section 402(a) of the Internal Revenue Code of 1954 (relating to the taxability of a beneficiary of an employee's trust) is hereby amended as follows: (a) By striking out in the first sentence of paragraph (1) thereof "paragraph (2) " and inserting in lieu thereof "paragraphs (2) and (3)", and (b) By redesignating paragraph (3) thereof as paragraph (4) and by inserting after paragraph (2) thereof the following new paragraph: "(3) The amount includible under this subsection as the gross income of a nonresident alien individual with respect to a distribution made by the United States in respect of services performed by an employee of the United States shall not exceed an amount which bears the same ratio to the amount includible in gross income without regard to this paragraph as the aggregate compensation paid by the United States to such employee for such services and includible in gross income under this subtitle or prior income tax laws bears to the aggregate compensation paid by the United States to such individual whether or not includible in gross income." (2) Section 871 of the Internal Revenue Code of 1954 (relating to the tax imposed on nonresident alien individuals) is hereby amended by striking out subsection (d) thereof and inserting in lieu thereof the following new subsection: "(C) CROSS REFERENCE.- (1) For doubling of tax on citizens of certain foreign countries, see section 891. (2) For taxability of amounts paid by the United States to cer- tain nonresident alien employees or their beneficiaries, see section 402(a) (3). SEc. 11. The amendment made by section 10 of this Act shall be effective with respect to taxable years ending after the date of enactment of this Act, of or applicable to the Foreign Service of the United States shall remain in effect until revoked or rescinded or until modified or superseded by regulations made in accordance with the provisions of this Act, unless, clearly inconsistent with the provisions of this Act. SEc. 13. The following section in the Foreign Service Act of 1946, as amended, is hereby repealed: (1) Section 637(d) of such Act. Hon. RICHARD M. NIXON, President of the Senate. DEPARTMENT OF STATE, June 11, 1959. DEAR MR. VICE PRESIDENT: On December 31,1958, the Department submitted to you a proposed bill to amend the Foreign Service Act of 1946, as amended, and for other purposes, for consideration by the U.S. Senate. This proposed bill was introduced by Senator Green as S. 443 on January 17, 1959, and referred to the Committee on Foreign Relations. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Since the submission of this original bill, the Department has prepared a supple- mental proposed bill which it wishes to have considered at the same time the original bill receives the attention of the U.S. Senate. The additional amend- ments proposed in this bill, to amend the Foreign Service Act of 1946, as amended, and for other purposes, (tab I) are urgently needed to improve and strengthen the administration of the Foreign Service. They woiad accomplish the following; 1. Clarify and simplify provisions for the establ, shment of compensation plans for local (alien) employees of the Service and provide for the use of these provi- sions by other departments and agencies of the Government authorized to admin- ister local (alien) employee programs. 2. Provide authority for the appointment direct. y to class ?FSO-7 of a limited number of persons who have qualified for FSO-8 appointment. 3. Clarify provisions relating to the selection out of Foreign Service officers in classes 4, 5, 6, and 7. 4. Further clarify and simplify provisions relating to separation for cause. 5. Clarify provisions relating to the furnishing of household equipment in order to effect economy in transportation costs. 6. Clarify provisions relating to the transportation and replacement of motor vehicles. 7. Exempt from income tax liability annuities maid under the civil service retirement and disability system to nonresident aliens who are retired employees of the U.S. Federal Government. It is suggested that the proposed new section 7 of the attached bill be substi- tuted for section 18 of S. 443. An explanation of each of the proposed amendmer is (tab II) is also attached. Enactment of the proposed bill will not result in an,, direct cost to the Depart- ment of State. Section 10 of the bill proposing elimination of the 30-percent tax now withheld from Government annuities of retired alien employees would result in additional annuity payments totaling approximately $400,000. This amount relates to all nonresident aliens receiving such annuities who are retired employees of the U.S. Government regardless of agency. Enactment of this proposed supplemental legislation as a part of the original bill will provide important improvements for the conduct of foreign affairs. The Department recommends the passage of this legislation and trusts that it may receive favorable consideration by the Congress. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this draft legislation. Sincerely yours, Lc y W. HENDERSON, Acting Secretary. EXPLANATION OF PROPOSED AMENDMENT. TO THE FOREIGN SERVICE ACT OF 1946, AS AMENDED June 1959--Department of Stat Existing legislation Proposed legislation [CLASSIFICATION OF POSITIONS OF ALIEN CLERKS AND EMPLOYEES] SEC. 444. [(a) Upon the basis of the classification provided for in section 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 alien clerks and employees of the Service, which classes shall be established by regulation, and shall allocate all such positions to the appropriate classes. [(b) All alien employees in an area of comparatively uniform wage scales and standards of living, occupying posi- tions of equal responsibility, shall receive equal pay except as there may be in- creases provided for length of service in accordance with uniform procedures.] COMPENSAT;ON PLANS FOR ALIEN CLERKS AND EMPLOYEES SEC. 444. (a) The Secretary shall, in accordance with such regulations as he may prescribe, establish compensation plans for local talien) employees of the Service: Providea, That such compensa- tion plans for local employees shall be based upon prevailing wage rates and compensation practices for corresponding types of positions in the locality, as is consistent with the public interest. (b) For the purpose of performing functions abroad, other departments and agencies of the Government are authorized to administer local (alien) employee pro- grams in accordance with the applicable provisions of this A et. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For ReleaseRi9 9188t21:nfG#A+ l 0i721A000400020007-7 Section 444' is amended to clarify and simplify the provisions for the establish- ment of compensation plans for local (alien) employees of the Service. Existing paragraphs (a) and (b) have been incorporated and clarified in new paragraph (a). Wage and salary schedules must be based upon local prevailing. pay practices for corresponding types of positions in the locality. They are subject to frequent changes owing to fluctuating economic and labor market conditions. The Depart- ment's responsibility for interagency coordinative action in administering local (alien) personnel in foreign areas obviates the necessity for or the practicability of Board of the Foreign Service advice on such matters. New paragraph (b) of this section provides other. departments and agencies of the Government employing local personnel in the performance of functions abroad with authority to utilize provisions of this act which are applicable to local (alien) personnel as deemed appropriate by such departments and agencies. Thus the various Federal departments and agencies employing local personnel abroad .are enabled to operate as a single employer by providing uniform employment conditions for all U.S. Government local employees in a given foreign labor market area who are working under similar conditions and circumstances. PART B-FOREIGN SERVICE OFFICERS Existing legislation Proposed legislation ADMISSION TO CLASS 8 ADMISSION TO CLASS 7 OR 8 SEC. 516. No person shall be eligible SEc. 516. (a) No person shall be for appointment as a Foreign Service eligible for. appointment as a Foreign officer of class 8 unless lie has passed Service officer of class 8 unless he has such written, oral, physical, and other passed such written, oral, physical, and examinations as the Board of Examiners other examinations as the Board > of for the Foreign Service may prescribe to Examiners- for the Foreign Service may determine his fitness and aptitude for prescribe to determine his fitness and the work of the Service and has demon- aptitude for the work of.the Service; and strated his loyalty to the Government has demonstrated his, loyalty to., the of the United States and his attachment Government of the. United States and to the, principles of the Constitution. his attachment- to. the principles of the .The Secretary shall furnish the President Constitution.. The Secretary shall..fur- with the. names. of those persons who nish the President with the names of have passed such. examinations and. are those persons who have passed suOh eligible -for appointment as Foreign examinations and are eligible ,for .ap- Service officers of class 8. pointment as Foreign Service officers, of class 8. (b) The Secretary may furnish :t p 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 recom- mends for appointment directly to. class.7 when in his opinion, their age, experience, or other qualifications make such; an appointment appropriate. The proposed amendment to section 516'would permit the appointment directly to class FSO-7 of a limited number of persons who have qualified for'FSO--8 appointment under the provisions of this section. While it is anticipated that this authority would rarely be used, there are occasions when direct appointment to class 7 would be desirable and fully justified in the interest of, the Service and of the individual appointee. The Department Intends, if this amendment is enacted to issue regulations limiting such appointments to the most mature and experienced candidates who: (1) Are at least 28 years old; (2) have a record of graduate train- ing or employment in Government or industry which clearly demonstrates ability or special skills; and (3) have a modern foreign language competence. Under existing legislation, it has been necessary for some older, more experienced men to take substantial salary reductions to accept appointment at the same level as younger men just. out of college. While these men have accepted appointment willingly, it is only natural that they have been concerned about their losses in income. In this respect the proposed provision would improve morale among the younger officers by giving recognition to age and experience. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved $ or ReleaseFq tO Cy,( -F W78 i721A000400020007-7 PART B-FOREIGN SERVICE OFFICERS ADMISSION TO CLASSES 1 TO 7, INCLUSIVE Existing legislation Proposed legislation SEC. 517. A person who has not SEC. 517. A person who has not served in class 8 shall not be eligible for served in class 8 shall not be eligible for appointment as a Foreign Service officer appointment as a Foreign Service officer of classes 1 to 7, inclusive, unless he has of classes 1 to 7, inclusive, except as .passed comprehensive mental and physi- provided in section 516(b) of this Act, cal examinations prescribed by the unless he l gas passed comprehensive Board of Examiners for the Foreign mental and physical examinations pre- Service to determine his fitness and scribed by the Board of Examiners for aptitude ' for the work of the Service; the Foreign Service to determine his demonstrated his loyalty to the Govern- fitness and aptitude for the work of the ment of the United States and his Service; demmstrat.ed his loyalty to the attachment to the principles of the Con- Government of the United States and stitution; and rendered at least four his attachment to the principles of the years of actual service prior to appoint- Constitution : and rendered at least four ment in a position of responsibility in years of actual service prior to appoint- the service of a Government agency, or ment in a position of responsibility in agencies, except that, if he has reached the service o ' a Government agency, or the age of thirty-one years, the require- agencies, exc apt that, if he has reached ?ment as to service may be reduced to the age of thirty-one years, the require- three years. [After the date of enact- ment as to e ervice may be reduced to ?ment of the Foreign Service Act amend- three years. The Secretary shall fur- ments of 1955 and until otherwise pro- nish the President with the names of vided by Act of Congress, not more than those persons who shall have passed one thousand two hundred and fifty such examinations and are eligible for persons who have not served in class 8 appointment as Foreign Service officers may be appointed to classes 1 to 7, of classes l to 7, inclusive. The Secre- inclusive; of such persons, not more tary shall, taring into consideration the than one hundred and seventy-five may age, qualificidions, and experience of be appointed who were not employed on each candidate for appointment, recom- March 1, 1955, in the Department, in- mend the class to which he shall be eluding its Foreign Service Reserve and appointed in accordance with the pro- Foreign Service Staff personnel, and visions of this section. who have not also served in a position of responsibility in the Department, or the Service, or both, for the required period prior to appointment as a Foreign Serv- ice officer. Notwithstanding the above provisions of this section, the limitation on the maximum number of appoint- ments authorized herein shall not be applicable in the case of any person appointed or assigned by thesecretary of State as a Foreign ServiceReserve, officer and who thereafter has served in a position of responsibility in such capacity for the required period prior to appointment as a Foreign Service officer.] The Secretary shall furnish the President with the names of those persons who shall have passed such examinations and are eligible for ap- pointment 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. The proposed changes in section 517 accomplish the f illowing: (1) They permit the appointment to class 7 (without the requirement that they must previously Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 199,w1 127SE'UfS -ROPiWB 1000400020907-7 have served in class 8) of certain persons qualified by examination for appointment to class FSO=8 a8* Is proposed under the revised provision of section 516(b); and (2) they- eliminate the temporary provision incorporated in Public Law 22, 84th Congress and further amended by Public Law 828, 84th Congress, which estab- lished, presumably for the duration of the lateral entry program a limitation on the number of persons who can be integrated into the Foreign Service under the provi- sions of this section, The integration program has now been completed and a permanent provision for the lateral entry of officers to classes 1 to 7, inclusive, should be restored. Any future use of this lateral entry provision to meet the needs of he Service would be seriously handicapped by the fact that only officers who hadbeen on the rolls of the Department as of March 1, 1955, or who have served 3 years after appointment by the Secretary of State to the Foreign Service Reserve Corps, would be eligible for appointment. It is hoped, the good judg- ment and commonsense of those responsible for advising the Secretary on contin- uing lateral entry policies can be relied upon to carry out such policies on a sound basis. Existing legislation SEC. 634. (b) Any Foreign Service officer in classes 4, 5, 6 or 7 who is retired fromthe 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 propor- tionately for a fraction of a year, but not exceeding a total of one year's salary at - his then current salary rate, payable without interest, in three equal installments on the 1st day of January-following the officer's, [retire- ment], and on the two anniversaries of this date immediately following; and - - (2) a refund of the contributions made to the Foreign Service Retire- - -nent and Disability Fund, with in- terest [thereon at 4 per centum, compounded annually], except that in lieu of such refund such officer may [elect to receive retirement bene- fits on reaching the age of -sixty-two, in accordance with the. -provisions of section 821.] In the event that an officer who was separated from classes" 4 or. 5 and who has elected to receive retirement benefits dies before reach- ing the age of [sixty-two], his death shall be considered a death in service within the meaning of section 832, In the event that an officer who was separated from classes 6. and 7 and who has elected to receive retirement benefits dies before reaching the age of - [sixty-two], the total amount of his contributions made to the Foreign Service Retirement and Disability Fund, with interest [thereon, at 4 per centum, compounded annually s!- .all be paid in accordance with the provi- sions of section 841.] Proposed legislation SLC. 634. (b) Any Foreign Service officer in classes 4, 5, 6 or 7 who is retired from the Service in. accordance with the provisions of section 633 shall receive- (1) one-twelfth of a year's salary at his then current salary rate for each year of service and proportionately for a fraction of a year, but not ex- ceeding 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 installments oi4 the 1st day of January following t.officer:'s separation and on the two anniver- saries of -this date immediately follow- ing: Provided, That in special cases, the Secretary may in his discretion accelerate or combine the installments; and (2) a refund of the contributions made to the Foreign Service Retire- meat and Disability Fund, with in. terest as provided in section 841(a), except that in lieu of such refund such officer may, if he has at least 5 years of service credit toward retirement under this system, excluding military or naval service. that is credited in accordance with O c provisions of. sections 851 or 862(a), elect to receive retirement bene- fits on reaching. the age. of sixty in accordance with the provisions of section 821. In the event that an -officer who was separated from classes 4 or 5 and who has elected to receive retire- ment benefits dies before reaching the age of sixty, his death shall be con- sidered a-death-in service within the moaning of section 832. In the event that an officer who was separated from classes 6 and 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 Retire- ment and Disability Fund, with inter- est as provided in section 841(a). Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 App9gved For Rglgj ,t 19 M8L2 hQ1 .f78-03721 A000400020007-7 Evicting legislation Proposed legislation (c) Notwithstanding the provisions (c) Notwithstandir g the provisions of section 3477 of the Revised Statutes, of section 3477 of the Revised Statutes, as amended (31 U.S.C. 302) or the as amended (31 U. s.C. 302) or the provisions of any other law, a Foreign provisions of any otl.er law, a Foreign Service officer who is [retired] in ac- Service officer who is separated in ac- cordance with the provisions of section cordance with the pr visions of section 633 shall have the right to assign to 633 shall have the right to assign to any person or corporation the whole or any person or torpor ition the whole or any part of the benefits receivable to any part of the benefits receivable to trim pursuant to paragraph (b) (1) of him pursuant to paragraph (b) (1) of this section. Any such assignment this section. Any such assignment shall shall be on a form approved by the be on a form approved by the Secretary Secretary of the Treasury and a copy of the Treasury an I a copy ? thereof thereof shall be deposited.. with the. shall: he deposited with the Secretary Secretary of the Treasury by the officer of the Treasury by the officer executing executing the assignment. the assignment. Subsection (b) (1) of section 634 is amended to authorize the Secretary in special instances to accelerate or combine the "installments" Af the "severance" payment of up to but not exceeding 1 year's salary, without interest, which is authorized by this section. _ While the provision for paying this sum in three equal installments on the first day of January following the officer's separation and on the two anniversaries of this date immediately followi: ig usually is satis- factory, there are circumstances when it is desirable to accelerate or combine the payments in accordance with the needs of individual officers. The authority herein provided will make it possible for the Secretary to exercise his discretion in adjusting payments on an individual case basis. Although the present provisions do not specifically state ghat the payments made under authority of this. section shall be paid from the Foreign Service retirement and disability fund, a decision by the Comptrcller General made shortly after passage of the Foreign Service Act of 1946 has resulted in, the pay- ments being made from that fund. This section as amendec. clearly authorizes the use of the Foreign Service retirement and disability fund for this purpose. Subsection (b) (2) of section 634 is amended to conform wi,h changes made-in sections 841 and 881 which establish the computing of interest and the keeping of records relating to the retirement fund on a calendar yea ? basis instead of a existing language. Farther, this subsec- uired b y fiscal year basis as is now req tion has been revised to clarify requirements relating to prior service credit governing an officer's entitlement to deferred annuity beiiefitn. References to age "sixty-two" -throughout subsection (b) have been changed to "sixty"to conform with other sections of this act. PART 1)-SEPARATION OF ]~OREION SERVICE OFFICERS FuOM THE SERVICE Existing legislation Proposed legislation FOREICN SERVICE OFFICERS RETIRED FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 8 FROM CLASS 7 OR & . SEC. 635. Any Foreign Service officer SEC. 635. Any Fc reign Service officer in class 8 shall occupy probationary in class 7 who is appointed under the status. The Secretary may terminate provisions of section 516(b) and any his service at any time. Foreign Service. gf,:er in class 8 shall occupy probationary status. _ The See- retary may terminate his service at any time. The provisions of this section have been amended to provide for the proba- tionary status of any Foreign Service officer of class 7 who is appointed under the provisions of section 516(b) as well as any Foreign Service cflicer in class 8. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN. SERVICE ACT AMENDMENTS 97 officer over forty-five years of age, sepa- rated from the Service in accordance with the provisions of paragraph (a)' of this section, shall be retired upon an annuity computed in accordance with the provisions of section 821 but not in excess of 25 per centum of his per an- num salary at the time of his separa- (c) Any Foreign Service officer under forty-five years of age, separated from the Service in accordance with the provisions of paragraph (a) of this section, shall at the time of separation Proposed legislation Sac. 637. (b) Any participant in the Foreign Service Retirement and Disabil- ity system separated under the provisions of paragraph (a) of this section shall re- ceive a refund of the contributions made to the Foreign Service Retirement and Disa bility Fund, with interest, as provided in section 841(a) except that in lieu of such refund such officer may, if he has at least five years of service credit toward retire- ment under this system, excluding mili- tary or naval service that is credited in ac- cordance with the provisions of section 851 or 852(a), elect to leave his contributions in the Fund and receive an annuity, com- puted as prescribed in section 821 com- mencing at the age of sixty years. In the event that an officer who has elected- under the provisions of this section to receive a deferred annuity dies before reaching the age of sixty, his contributions to the Fund, with interest, shall be paid in accordance with the provisions of sections 841 and 881. (c) Any officer or employee of the Service who is not a participant in the Foreign Service Retirement and Disa- bility system shall be entitled only to such benefits as shall accrue to him under the retirement system in which he is a partici- pant. (d) Any payments made in accord- ance with the provisions of this section shall be made out of the Foreign Service Retirement and Disability Fund.] Paragraph (b) has been revised to provide that a participant separated from the Service for cause may receive a refund of contributions to the Foreign Service retirement and disability fund, with interest, or may elect in lieu of a refund of such contributions to receive a deferred annuity payable when he reaches age 60. This brings into line the retirement provisions relating to this section, retirement provisions covering other types of separation from the Foreign Service. Under present provisions relating to separation for cause, officers 45 years of age or over who are separated for unsatisfactory -performance of duty are entitled to an immediate annuity based upon their years of service, computed in accordance with the provisions of section 821, but such annuity may not exceed 25-percent of their basic per annum salary at the tithe of separation. Officers under 45 years of age who are separated from the Service for unsatisfactory performance are entitled to a payment of 1 year's salary or the refund of contributions made to the Foreign Service retirement and disability fund, "whichever shall be greater. Under present provisions officers separated for misconduct or malfeasance are denied annuity benefits and are entitled only to a refund of contributions made by them to the Foreign Service retirement and disability fund. It is the Department's view that there should be no "penalty" clause relating to retirement benefits when there is separation for cause. Further, it is the - Department's view that an officer who has contributed to the retirement fund and has served for a sufficient number of years (i.e., at, least 5 years of civilian service) to qualify for a deferred annuity should not be denied the, benefits he h receive -a payment equal to one years salary or the refund of the contributions made by him to, the Foreign Service Retirement and Disability Fund, which- ever shall be greater. ere ore s ou has earned regardless of the reason for his separation, and that he t have the choice of a refund of retirement contributions or a deferred annuity. New paragraph (c) has been added to make clear that retirement benefits under the Foreign Service retirement and disability system relating to separation for cause,apply only to participants in that system. Other officers or employees of Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 98 FOREIGN SERVICE ACT AMENDMENT'S the Service separated under the provisions of this section are rntitled only to such benefits as shall accrue to them under any other retirement s;rstem in which they are participants. PART B--TRAVEL AND RELATED EXPENSIIS Existing legislation Proposed !egislation LOAN OF HOUSEHOLD EQUIPMENT SEC. 912. The Secretary may, if he shall find it in the interests of the Gov- ernment to do so as a means ofeliminat- ing transportation costs, provide officers and employees of the Service with household equipment for use on a loan basis in personally owned or leased residences. LOAN OF HOUSEHOL.) FURNISHINGS AND EQUIPMENT SEC. 912. The Secretary may, if he shall find it in the interests of the Gov- ernment to do so as n means of eliminat- ing transportation costs, provide officers and employees of th, Service with basic household furnishings and equipment for use on a loan basis in personally owned or leased residences. The existing provision of section 912 authorizes the Se,,retary to provide officersand employees of the Service with household equipment to use on a loan basis in personally owned or leased residences as a means of eliminating trans- portation costs. The language and the legislative history of this section does not make entirely clear the Department's authority to provide basic articles of fur- nishings such as divans, dining room furniture, etc., as distinguished from equip- ment items such as "refrigerators" (the example used in the 11. Rept.2508, 79th Cong., 2d sess., 'for "heavy articles: of household equipment"), which the Govern- ment should lend instead of transporting as personal and household effects. Experience has proved that it is in the interest of the Govern Went to establish a clear legislative basis for providing basic furnishings in privately leased quarters which would not he subject to any misinterpretation where such quarters and fur- nishings are available. Savings in transportation costs resulting from the furnish- ing of divans, dining room furniture, and other heavy furniture can equal or exceed savings which result from the provision of such items as refrigerators, stoves, and other appliances. PART B-TRAVEL AND RELATED EXPENSE:; Existing legislation Proposed h gislation TRANSPORTATION OF [AUTOMOBILES] SEC. 913. The Secretary may, not withstanding the provisions of any other law, transport for or on behalf of an offi- cer or employee of the Service, 'a pri- vately owned [automobile] in any case where he shall determine that water, rail, or air transportation of the [auto- mobile] is necessary or expedient for any part or of all the distance between points of origin and destination, TRANSPORTATION OF MOTOR VEHICLES SEC. 913. The Secretary may, not withstanding the provisions of-any.otber law, transport for or on behalf of an offi- cer or employee of idle Service, a pri- vately owned motor vehicle or replacement thereof in any case where he shall deter- mine that water, rail, or air transporta- tion of the motor vehicle or replacement thereof is necessary or expedient for any part or of all the dicta ace between points of origin and destination. The proposed amendment to section 913 substitutes "motor 'vehicles or replace- ment thereof" for the word "automobile". It is necessary for Foreign Service personnel to replace their motor vehicles from time to time, pe rticularly at posts having adverse climatic and road conditions, in order to have adequate trans- portation as well as to carry out their responsibilities as official representatives of the U.S. Government. There are occasions when conditions at oversea posts justify the use of motor vehicles other than automobiles. Since the Comptroller General- has ruled that the Department does not have authority to transport motor vehicles other than automobiles, e.g., motorcycles and motor scooters, the use of the broader term "motor vehicle" is suggested. SEC. 10. (a) Paragraph (4) of section 104(a) of the Internal Revenue Code of 1954 (26 U.S.C. 104 (a)(4)) (relating-to the exclusion from gross income of com- pensation for injuries and sickness) is hereby amended to read as follows: "(4) amounts received as-a pension, annuity or similar allowance for sonal 1r999/08/27aetIArR ~' 8e6 37240,M0400020007-7 Approved Approved For Release 1999/08/27 : CIA-RDP78-03721A0004009 0007-7 99- FOREIGN SERVICE ACT AMENDMENTS of any country or in the Coast and Geodetic Survey or the Public Health Service, or as a disability annuity payable under the provisions of section 831 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1081; 60 Stat. 1021)." (b) (1) Section 402(a) of the Internal Revenue Code of 1954 (relating to the taxability of a beneficiary of an employee's trust) is hereby amended as follows: (a) By striking out in the first sentence of paragraph (1) thereof "paragraph (2)" and inserting in lieu thereof "paragraphs (2) and (3) , and (b) By redesignating paragraph (3) thereof as paragraph (4) and by inserting after paragraph (2) thereof the following new paragraph: "(3) The amount includible under this subsection is the gross income of a nonresident alien individual with respect to a distribution made by the United States in respect of services performed by an employee of the United States shall not exceed an amount which bears the same ratio to the amount includible in gross income without regard to this paragraph as the aggregate compensation paid by the United States to such employee for such services and includible in gross income under this subtitle or prior income tax laws bears to the aggregate compensation paid by the United States to such individual whether or not includible in gross income." (2) Section 871 of the Internal- Revenue Code of 1954 (relating to the tax im- posed on nonresident alien individuals) is hereby amended by striking out sub. section (d) thereof and inserting in lieu thereof the following new subsection: "(C) CROSS REFERENCE.- (1) For doubling of tax on citizens of certain foreign countries, see section 891. (2) For taxability of amounts paid by the United States to certain nonresident alien em- ployees or their beneficiaries, see section 402(a) (3)." Section 10(a) amends paragraph (4) of section 104(a) of the Internal Revenue Code of 1954 to exempt disability annuities from Federal income tax. This is in keeping with provisions relating to disability annuities payable by the Federal Employees' Compensation Bureau. This proposed amendment to the Internal Revenue Code has been approved by the Bureau of Internal Revenue, Treasury Department. Section 10(b) amends sections 402 and 871 of the Internal Revenue Code of 1954 to provide tax exemption for annuities paid to nonresident aliens who are retired employees of American Government installations abroad and to de- pendents of such aliens. Under the Treasury Department's interpretation of the existing provisions of the Internal: Revenue Code of 1954 the annuities paid under the Civil Service Retirement and Disability system to nonresident aliens who are retired employees of the United States Federal Government, have been sub- ject to, a 30-percent withholding tax on the full amount of the annuity since January 1952. The imposition of this 30-percent tax on annuities, many of which amount to $600 or less per year, has caused severe hardship in many cases and engenders resentment against the United States for its failure to comply with its contractual obligation to pay retired employees the pension they had been led to expect. In a letter directed to the chairman of the House Committee on Ways and Means, dated August 8, 1958, the statement waS made by the Treasury De- partment that the 30-percent withholding rate on annuity payments to non- resident aliens was not intended to apply to former employees of the United States and that the Department of the Treasury was in favor of legislation which would provide tax exemption for these annuitants. The amendment to section 402(a) of the Internal Revenue Code of 1954 proposed in this section is identical with that which the Treasury Department submitted to the House Ways and Means Committee during the last session of Congress. This draft amendment has been approved by the Bureau of the Budget, the Civil Service Commission, and the Department of State. The Treasury Department has indicated that in the interest of obtaining this remedial legislation expeditiously, it does not object to the inclusion of this amendment in this bill. Senator MANSFIELD. Mr. Henderson you are also a witness on this subject-the first witness. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Appro j~d For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN -SERVICE . ACT AMENDMENTS STATEMENT OF HON. LOY W. HENDERSON, DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION AWA Mr. HENDERSON. Mr. Chairman, I have here a f repared statement which I might read. It will take probably 20 minutes to read it. Would you prefer I submit this statement for the record? Senator MANSFIELD. I would prefer, Mr. Secretary, that you go through it and pick out the high spots because ] see that it is 18 pages long. Mr. HENDERSON. If it is agreeable with you, I will submit it for the record and then I will summarize it briefly for your benefit. Senator MANSFIELD. Fine. BILLS AND AMENDMENTS FAVORED BY STATE DEPARTMENT Mr. HENDERSON. For a period of more than a year, the Depart- ment of State has been studying the Foreign Servi,-e Act of 1946, as amended, for the purpose of determining how th, Foreign Service might be strengthened by the passage of further amendments to that act. In late December 1958 a draft bill was submitte3 to, the Congress and was introduced by Senator Green on January 17, 1959, as S. 443. Since that time the Department has prepared and obtained Bureau of the Budget clearance on several additional and c.esirable proposed changes in the Foreign Service Act which were intrc duced by Senator Fulbright on June 23, 1959, as S. 2233. In developing these amendments, the Department has borrowed several proposals from the bill introduced as S. 1243 :)n March 2, 1959, by Senator Saltonstall for himself and for Senator Mansfield. We are most grateful to you, Mr. Chairman, and to Senator Salton stall for your encouragement and assistance in our efforts to strengthen the Foreign Service. There is one proposal in S. 1243 which the Department would have liked to have included in its proposed amendments to the Foreign Service Act, but which we could not include only because of time factors. I refer to section 4 of S. 1243, which would authorize "special monetary or other incentives to encourage ,Foreign Service personnel to acquire or retain proficiency in foreign languages or special abilities needed in the Service." Senator MANSFIELD. Mr. Secretary, may I interrupt you to say we are not conducting a hearing on S. 1243 this morning because we have already had such a hearing. Mr. HENDERSON. That is right. Senator MANSFIELD. But your suggestion will be given every consideration. Mr. HENDERSON. Yes. In S. 443 and S. 2233, the Department is suggesting a number of amendments which, in its opinion, would be in th, interest of: in- creasing the general effectiveness of the Foreign Service; providing greater flexibility to the Secretary in the management of the Depart- ment and of the Foreign Service, and in administerirg their personnel programs; strengthening the training programs and otherwise raising the qualifications of members of the Foreign Service; and consoli- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 101 dating the gains which have already been made as a result of the Secretary's integration program. Other suggested amendments would remedy certain deficiencies in the retirement system. If adopted, certain staff personnel would receive retirement benefits similar to those given members of the Foreign Service Officer Corps, and surviving dependents of Foreign Service personnel would be provided for in the manner similar to that under which dependents are protected under other Federal retirement systems. STRENGTHENING OF STAFF CORPS The first group of amendments relate to the strengthening of the staff corps. We are proposing amending section 415 so as to introduce a new class structure of Foreign Service staff personnel which would have 10 classes instead of the 22 which it now has. We believe that this would be a more logical arrangement. It would still facilitate our management of the staff corps, and would make a smooth flow of promotions. This new structure would correspond to the new structure of the Foreign Service Officer Corps which was provided for in legislation 2 years ago. Senator MANSFIELD. Mr. Secretary, if I- may interrupt at this point, I would like to say that this reformation in the staff corps is long overdue, is it not? You will recall that we have discussed this on occasion in the past 5 or 6 years. Mr. HENDFRSON. Yes, sir. That is right. Senator MANSFIELD. Is it your opinion that what the Department has proposed will give greater stability and more opportunity for advance- ment to the people in the staff corps-both those who will be coming in and those who have been in for some years? Mr. HENDERSON. That is right. We feel it will assist greatly in stabilizing the staff corps, giving .the members of the staff corps a feeling that they have some future, and%that their promotions are being given in a more systematic manner. INCLASS PROMOTIONS AND LATERAL ENTRY INTO STAFF CORPS I may say that one feature of our amendments is a provision which would give longevity pay increases to staff personnel. We have not had; that feature before. It is in some of the civil service provisions, and we would like to introduce that here. There are certain occupational categories in the staff corps upon which there axe classification ceilings. A longevity pay plan will provide some incentive for personnel occupying positions in - these categories. We also have a provision that would provide for the recruitment of staff corps at other than the minimum rates of each; class. The present law makes it necessary for us to bring in new recruits at the bottom of each class. I will not go into that in detail. I think the proposal would.giveus more flexibility by making it possible to take in new recruits at various steps in the appropriate classes. Senator MANSFIELD. New personnel would be brought in laterally? Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 102 FOREIGN SERVICE ACT AMENDMENTS Mr. HENDERSON. Yes, laterally,' at various steps in class. Would you like to have me just touch briefly on each amendment or treat them in a general way? Senator MANSFIELD. I think you treat them f %irly specifically in your statement, from what I have been able to read so far. So now you may if you will, just treat them generally. Mr. HENDERSON. All right, sir. Senator MANSFIELD. We will have your complei;e statement in the record which will give the details. Mr. HENDERSON. The amendments would protiide for additional salary increments in each class based on proficie;icy and length of service. I have just mentioned that. At the present time we have no authorization to hire members of the Staff Corps on a temporary basis, such as we have in the Foreign Service Reserve Corps. There are occasions when we would like to hire staff personnel, say, for 2 years to do a specific job, and we would like to have the authority to do that. We. also would like to have the authority to bring in Staff Corps personnel on a trial, or probationary, basis. We we uld like for their first assignment to be, under regulations, for perhaps, 2 years. If, during those 2 years-or whatever the perio I may be-they would not live up to expectations they could be released without going through the usual procedure for separation from tae Service. We have that procedure at the present time in the Foreign Service Officer Corps. We also are suggesting amendments to provide for the separation of staff personnel on the same basis as now provided for Foreign Service officers in case they later do not live up to expectatio is. BRINGING STAFF PERSONNEL UNDER FOREIGN SERVIOF RETIREMENT SYSTEM One important amendment would provide that Foreign Service Staff personnel who have been in the Foreign Service for a period of 10 years or more would come under the Foreign Service retirement and disa- bility system rather than remain as they are under tie civil service retirement system. It is our belief that the Foreign Service retirement system can be better adapted to the needs of the Staff Corps than the civil service system. That would mean that ordinarily members of the Staff Corps would retire at 60 instead of at 70 as at present. It would also mean that at the age of 50, after 20 years of service, they could retire voluntarily. 'Senator MANSFIELD. Did you say that the Staff Ccrps personnel cannot retire until they reach the age of 70? Mr. HENDERSON. They can retire as in the civil service at the age of 62 at the present time, and normally must retire at 70. They can also retire somewhat earlier with certain reductions in annuities. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 103 Under the Foreign Service retirement system they can retire volun- tarily after they are 50 years of age and been in the Service 20 years and receive full annuity credit for their years in service. We feel if a person has served many years abroad, he should have the opportunity to retire when he reaches the age of 50. Senator MANSFIELD. What is the mandatory retirement age in the civil service? Mr. HENDERSON. Seventy, with at least 15 years service, or upon completion of 15 years service. There are also a series of amendments which would provide greater flexibility in managing the service and in recruiting and utilizing foreign service personnel. One of the amendments falling under this heading would, in accord with the recommendations of the Wriston Committee, give the Secretary authority to convert civil service positions in the Depart- ment to Foreign Service positions and vice versa. At the present time we have established what we call dual service positions in the Department in which either a Foreign Service officer or a civil servant can be the incumbent. LATERAL ENTRY AND DIRECT APPOINTMENT TO CLASS 7 OF OFFICER CORPS Another amendment which we are proposing would remove the presently existing numerical limitation upon lateral entry into the Foreign Service Officer Corps. We feel the numerical limitation is no longer necessary and that we should have some discretion in deciding who should be brought into the corps, and who should not be brought in. Another amendment would permit the appointment to class 7 of a limited number of persons who have qualified for FSO-8 appoint- ment when age, experience, and other qualifications make such higher level appointments appropriate. This provision is similar to the one which was incorporated in the bill S. 1243. EXTENDING SERVICE OF OFFICERS BEYOND RETIREMENT AGE AND RECALLING RETIRED OFFICERS Another amendment would authorize the Secretary, if he deter- mined it to be in the public interest, to extend beyond retirement age the service of officers who are approaching mandatory retirement, and also to recall temporarily into service officers who have been retired. At present, the Secretary may extend the service of officers beyond retirement age or he may recall retired officers only when he has determined an emergency to exist. The suggested use of the phrase "in the public interest" would give the Secretary more discretion in utilizing the specialized skills of experienced officers as the need for their services occurs. Another amendment would permit the assignment of Foreign Service personnel, without the loss of their Foreign Service status, Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 104 FOREIGN SERVICE ACT AMENDMENTS to other governmental agencies and to international organizations or commissions. Another amendment would restore authority fo inclass promotions for especially meritorious service. This amendment is necessary in view of a determination by the Comptroller General that authority of this nature, which the Secre- tary formerly had, was made inoperative by the Incentive Awards Act. . SEPARATION FROM THE FOREIGN SERVICE The proposed amendments would combine into one section of the Foreign Service Act provisions governing separation for cause that would be applicable to all employees of the For ;ign Service on a uniform basis. At the present time we have four different se -,tions relating to separation from the service for cause. We feel this provision,would be more just, and that it would also facilitate the process of the separation. - Proposed amendments relating to the Foreign Service Institute would provide authority for dependents of Foreign Service personnel to receive language orientation and other training at the Institute when such training is in the interest of the Service. Authority to employ persons who are noncitizens of the United States, for use in specialized language and area training programs when citizen instructors are not. available, would also be provided. Another proposed amendment would extend the 3eriod of service of Reserve. officers, the tenure of whom at present is limited to 5 years by another period up to an additional 5 years if the Secretary determines that such extension would be in the publi-, interest. There are certain technical reasons for this which I have touched upon in my principal witness statement, so I shall nit go into them at the present time unless you would like for me to d,) so. Senator MANSFILED. Mr. Secretary, I have hero. a number of questions. Rather than take up your time in this hearing, I will give them to you and would appreciate receiving detailed answers to each one, (See: p. 205, appendix II.) Mr. HENDERSON. Yes, Sir. Senator MANSFIELD. In this group I shall give yc u a copy of a letter to take back with you to the Department, involving a person- nel action by Mr. Hugh S. Cumming, Jr. I would lib e to have your answers to two questions in the letter: One. Do you agree with the judgment exercised by Mr. Cumming in this case? Arid, two, is this case typical of the personnel policy of the Department in this regard? I shall insert the letter in the record at this point and put your answers in the record later. (The letter referred to follows:) Hon. Huali S. Cimuunc, Jr., Director for Intelligence and Research, ,WOODROw %rILSDN HALL, February 18, 1959. Department of State, Washington, D.C. DEAR MR. AMBASSADOR; In a letter of February 11, Mr. Baltos, Pirector of your Executive Staff, informed me that you would support a request of the Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 105 Division of Research and Analysis for the Far East to recruit me as either a Foreign Service Reserve officer, class 6, or a civil-service employee, GS-11, at an annual salary of $7,030, and to assign me to the same position I was in when I requested leave of absence to complete my Ph. D. I much appreciate your in- terest and assistance in my desire to return to the Foreign Service, and I am grateful for your helping to arrange this offer of employment. After much deliberation I have decided, however, to take a combined teaching- administrative job at Indiana University. Indiana now has one of the fastest growing and most imaginative programs of Russian studies in the United States, and within a few years I believe that it will be among the best and most productive American centers for teaching and research on Russia and Eastern Europe. I an pleased' to have an opportunity to participate in this development at Indiana, and I look forward to returning to teaching and to my scholarly studies of Soviet foreign policy and Russian history. I regret very much not being able to reenter the Foreign Service, for I feel that the challenges and satisfactions in such a career are very great. I believe, how- ever, that I can make a contribution in academic life and that, for the moment at least, it offers me greater freedom and more opportunities for the development of my intellectual interests and previous training in Soviet affairs than does the Foreign Service. In any case, if I had decided to return to Government service, I would have accepted a position at the GS-13 level offered me by another Government agency. With four children, it would not be possible to make ends meet on the salary offered me in DRF. While I realize that an officer- could hardly be rewarded for having left the Service to complete his doctorate, I do not think that he should be penalized, either. I would welcome an opnortunity to take up again research and analysis on Indonesian affairs, -the job I occupiedat the time of my resigna- tion, but I could hardly be expected: to return at exactly the same salary and grade level I then commanded, in view of the additional training and experience as a researcher, administrator, and student of diplomacy I have acquired in the intervening 2 years. Moreover, if I were recruited without reference to my prior grade in the Service, it seems probable that my training and experience would qualify me for a GS-12 position. It is, of course, unfortunate that I originally entered the Service somewhat older and with more training and preparation than most beginning FSO's. I have not lost hope, however, that some day the personnel policies of the Service will adopt the widely accepted practice in most enterprises today of recognizing and making allowance for comparable experience and accomplishment in other organizations and fields of endeavor. - - - After my return from the Soviet Union and -Western Europe in May, I hope that Frisky and I can arrange a trip to Washington before we move to Indiana. If so, we look forward to seeing you and- Mrs. Cumming then, - Best wishes, JOHN M. TnoMPsoN. Cc: Joseph T. Bartos. (The memorandum subsequently received from Mr. Henderson is as follows:) Before giving specific answers to the committee's direct questions on this subject, I think it would be helpful to give a description of the events which preceded Mr. Thompson's letter of February 18, 1059. Mr. Thompson was appointed to the Foreign Service in June 1954 as an FSO-6, lie was assigned to Djakarta later that same year, was converted to class 7 with the- change in the FSO class structure in July 1956, and was pro- moted to class 6 in January 1957. At the conclusion of his tour of duty in Djakarta, Mr. Thompson was assigned to a vacant position in the Bureau of Intelligence and Research a position in which his experience in Indonesia would be extremely valuable and for which he was specifically requested by the Bureau. Shortly after his return to the United States in early 1957, Mr. Thompson re- quested leave without pay in order to complete his academic work for a Ph. D. and to take advantage of a grant which had been offered him by the Joint Com- mittee on Slavic Studies. After careful consideration of this request, the Depart- ment decided that it could not be granted because no other officer was available for the position to which he had been assigned, he already had an extensive academic background in Soviet affairs and his thesis would not be of outstanding Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS importance to the Department. The Department did i.ndertake to assure Mr. Thompson that, when he could be replaced, a request for ;cave without pay might Aft- be given favorable consideration. Mr. Thompson then( upon decided to resign from the Foreign Service. In September 1958, Mr. Thompson called on the Deputy Assistant Secretary for Personnel to discuss his interest in reinstatement in tie Foreign Service when he completed his work for his Ph. D. degree in the spring of 1959. At that time, Mr. Brown explained the possibility of his appointment as a Foreign Service Reserve officer and ultimate lateral entry into the Foreig -i Service Officer Corps. In December Mr. Thompson pursued the possibility of reinstatement in the Department in discussions with officers of the Bureau of Intelligence and Re- search. Consideration was given at that time by Mr. Cumming and other officers of the Bureau to requesting the Department's Office of Personnel to appoint Mr. Thompson as a Foreign Service Reserve officer to fill a vacancy in the Bureau. It might be mentioned that this was at a i,ime when the Depart- ment's financial situation was quite serious and almost no appointments to the Reserve Corps were being made. The question of offerirg Mr. Thompson such an appointment was kept very informal until Mr. Cummins; was able to determine - whether there was sufficient need for his services to warra it outside recruitment. Mr. Cumming decided in early February that from the point of view of his Bureau there was a-need for an officer of Mr. Thompson's background and experience in a vacant Foreign Service officer position at the class 6 leNci, a need sufficient to warrant a recommendation to the Office of Personnel that Mr. Thompson be appointed. This possibility was explained to Mr. Thompson who replied in his letter of February 18, a copy of which the committee has. Mr. Thompson's salary at the time of his resignation as an FSO-6 was $6,100 but if he had continued in his position classified at the GS-11 level, he would 9 have been paid at the rat f $R 9 e o 0. With the pay increa.3e effective in 1958 the ' position would carry a salary of $7,030 which was the rate: of the tentative offer made to him . The first question posed by the committee is, "Do you agree with the judgment exercised by Mr. Cumming in this case?" It is presumed from reference to Mr. Thompson's letter that the matter of "judgment" has to do with the level of the tentative offer in, We to Mr. Thompson. My answer to this question is that in the circumstances I do agree that Mr. Cumming's offer was an appropriate one. The vacancy f(.r which he was being :considered was the only available one in the Bureau of Intc lligence and Research which might warrant filling by recruitment from outside the Service and was at the FSO-6/GS-11 level. On this ground then it would not cave been appropriate for Mr. Cumming to have suggested consideration of him ar a higher level. It is perhaps important to note that -Mr. Thompson has academic background and qualifications for service in positions calling for special knowledge of Soviet Russia and, because of his experience in the Service, for positions having to do with Indonesia. The Service now has many officers at all levels qualified in the Soviet field but relatively few officers who are expert in Indonesa.. If Mr. Thompson had accepted Mr. Cumming's tentative offer the only justification for appointing him as a Reserve officer would have been because of his valuable experience in Indonesia. The second question is, "Is this case typical of the per: onnel policies of the Department in this re a d?" g r I am not certain which policies are meant but I shall mention some policies and practices which appear to be related. The Department's general policy with respect to the appointment of Foreign Service Reserve officers has been implied in the above. Briefly, the Department's policy is to fill 'Taeancies in Foreign Service officer positions from within the Foreign Service, but if no Foreign Service officer is available for a vacancy within a reasonable time, a person may, if funds are available, be appointed in the Foreign Service Reserve -,o fill the position if he has the special qualifications required. There was a nee d for a person with Mr. Thompson's general ability and specific Indonesian experience in the Bureau of Intelligence and Research at the FSO-6 level and Mr. Thompson's appoint- ment might have been justified in spite of our tight budgetaiy situation. The question also implies that the Department as a ger oral rule disregards added maturity, qualifications and experience gained by a f :)rmer officer during his absence from the Department. In this connection, let us i,ssume Mr. Thomp- son had decided to remain in the Service in 1957 and accept his assignment to the position in the Bureau of Intelligence and Research. It is po3sible that he would have earned a promotion to class 5 after 2 years. If his request for leave without Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Relep&Ii1999/08/ 7AC CIAO-RDP788-03721AO0o0400020007-7 pay had been granted, however, he could not have earned ca promotion since the selection boards would have had no record of performance covering the period since his last promotion in 1957. Does he suggest that, by obtaining a Ph.. D. and gaining certain experience outside the Department, he should have been promoted in competition with his colleagues whose experience in the Service was of more direct benefit to the Department? I do not understand Mr. Thompson's reference to being penalized for having left the Service to complete work toward his doctorate. In spite of the Depart- ment's genuine need for his services, Mr. Thompson chose to resign in 1957 when his personal Wishes could not be immediately satisfied. In the Department's view he had no right to reinstatement at any level; the question of reappointment would have to be considered, as it was, on its own merits at the time in relation to the needs of the Department. Mr. Thompson referred also to personnel policies of the Department which in his view should "adopt the widely accepted practice in most enterprises today of recognizing and making allowance for comparable experience and accomplishment in other organizations and fields of endeavor." Mr. Thompson was 28 years and 3 months old at the time of appointment, had an AB and MA and had taught at Rutgers and Columbia. The committee is aware of the Department's support of the pending amendment which would permit appointment at the class 7 level in certain cases. However, it is interesting to note that the average age of FSO-8's at the time of appointment is 26 years and 3 months. Of a representative sample of 265 FSO-8's now on the rolls of the Department, 81 have done some graduate work without obtaining a degree and 86 have earned M. A.'s or higher, including Ph. D.'s and LL.B.'s. It is therefore true that at the time of his entrance into the Service Mr. Thompson was somewhat older than the average age of beginning officers but it is not true that his academic attainments and work experience were very unusual. Senator MANSFIELD. Mr. Henderson, do you have anything further to say on these two bills? I note you have Mr. Aaron Brown, and Mr. William Woodyear with: you. Do they have any testimony to give? Mr. HENDERSON. No. (The prepared statement of Mr. Henderson follows:) BY HoN. Loy W. HENDERSON] DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION Mr. Chairman, I am glad to have the opportunity to appear before this committee again in support of further legislative improvements in the Foreign Service Act of 1946. As I am sure you are aware, the continued and constructive interest of the committee in the problems and needs of the Foreign Service is greatly appreciated. For a period of more than a year the Department of State has been studying the Foreign Service Act of 1946, as amended, for the purpose of determining how the Foreign Service might be strengthened by the passage of further amend- ments to that act. In; late December 1958, a draft bill (the Foreign Service Act Amendments of 1959) was submitted to the Congress and was introduced by Senator Green on January 17, 1959, as S. 443. Since that time the Department has prepared and obtained Bureau of the Budget clearance on several additional and desirable proposed changes in the Foreign Service Act which were introduced by Senator Fulbright on June 23, 1959, as S. 2233: DEPARTMENT OF STATE STRESSES NEED FOR PROVISION IN S. 1243 TO ESTABLISH STANDARDS OF LANGUAGE PROFICIENCY In developing these amendments, the Department has "borrowed" several proposals from the bill introduced as S. 1243 on March 2, 1959 by Senator Salton- stall for himself and for Senator Mansfield. We are most grateful, Mr. Chairman, to you and Senator Saltonstall for your encouragement and assistance in strength- ening the Foreign Service. There is one proposal made in S. 1243 which the Department would have liked to include in its proposed amendments to the Foreign Service Act, but which we could not include only because of timing factors. I refer to section 4 of S. 1243 which would authorize "special monetary or other incentives to encourage Foreign Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 108 FOREIGN SERVICE ACT AMETTDMENTS Service personnel to acquire or retain proficiency in foreign languages or special abilities needed in the Service." We believe this would be a very desirable amend- ment to the Foreign Service Act. GENERAL PURPOSES OF S. 443 AND S. 2233 In. S. 443 and S. 2233, the Department is suggesting a number of amendments which in its opinion would be in the interest of: increasing the general effectiveness of the Foreign Service; providing greater flexibility tc the Secretary in the manage- ment of the Department and of the Foreign Service and in administering their personnel programs; strengthening the training pre grams and otherwise raising the qualifications of members of the Foreign Service ; and consolidating the gains which have already been made as a result of the Secretary's integration program. Other suggested amendments would remedy certain deficiencies in the retirement system. If adopted, certain staff personnel would receive retirement benefits similar to those given members of the Foreign Servic; Officer Corps, and surviving dependents of Foreign Service personnel would be provided for in a manner similar to that under which dependents are protected under other Federal retirement systems. For the purpose of presenting the proposed amendments and indicating their effect on the Foreign Service, it may be helpful if [ group them in four general categories. STRENGTHENING OF STAFF ~,ORPS The first of these categories covers amendment 3 that would strengthen the Staff Corps. It will be recalled that one of the recommendations of the Wriston committee was that Staff officer positions, with the exception of a limited number of highly technical positions, should be converted into Foreign Service officer positions and that the current incumbents of Staff c.fl'icer positions, unless unable to meet certain established standards, should be of'ered commissions as Foreign Service officers. This recommendation has been carried out with the result that opportunity for advancement in the Staff Corps has been severely limited because of the relatively small number of high level positions now remaining in the corps. Since work performed by staff personnel is essential to the effectiveness of the Foreign Service, it is desirable that staff personnel have designed for them a program that will assure the recruitment and rd f ention of persons possessing appropriate qualifications and that will irsure the maintenance of high morale in the Staff Corps. Among the amendments proposed are several which, it is hoped, will strengthen the Staff Corps and will give added incentive to young men and young women seeking careers in the Foreign Service Staff Corps. THE 1Q-CLASS STRUCTURE RECOMMENDED The new 10-class salary structure recommended! by the Department for the Staff Corps would provide significant improvements in the Foreign Service Staff Corps salary schedule. The structure of the Foreign Service officer schedule was modified in 1956 to provide basic improvements in accordance with the needs of the Service. At that time the personnel integration program was under- way and it was not possible to determine clearly the future needs of the Foreign Service Staff Corps. The proposed new class and salary schedule for the Staff Corps is specifically designed to provide a more a lequate promotion ladder for ladder for these employees, including equitable avid appropriate salary adjust- ments when promotions to the next higher class are awarded. The proposed, 10-class schedule has several other features: (a) The rates of the top three Foreign Service Staff classes are the same as the rates contained in classes 3, 4, and 5, respectively, of the Foreign Service officer schedule. This provides equitable treatment for personnel serving at similar levels and will facilitate the conversion of Staff Corps personnel at these levels who may qualify in the future for lateral entry into the Foreign Service Officer Corps. (b) It consolidates overlapping classes, eliminated overlapping at the top levels, and improves the step-rate increment plan. (c) It provides for consolidation of the present 2.I-class structure into a 10-class structure with the result that the lower classes (14 through 22) that are not being used are eliminated. (d) It provides that with the exception of classes 1 and 2 all staff personnel will be adjusted to class number designations higher than those held under the present schedule. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 109 OTHER BENEFITS FOR STAFF CORPS The proposed amendments would also make it possible to bring personnel into the Staff Corps in any salary rate of a given class which might be appropriate on the basis of former experience and earning levels; they would provide for in-step promotions in the Staff Corps on the basis of merit;.they would provide for addi- tional salary increments within each class based on proficiency and length of service; they would make it possible for members of the Staff Corps to be ap- pointed to temporary, limited, or permanent positions and for the establishment of probationary periods for such appointees; they would provide for the separation of staff personnel on the same basis as is now provided for Foreign Service officers; and they would provide that certain members of the Staff Corps would become participants in the Foreign Service retirement and disability system. GREATER FLEXIBILITY IN MANAGING THE SERVICE AND IN RECRUITING AND UTILIZING CE PERSONNEL FOREIGN SERVI This group of amendments would clarify certain existing provisions of the act, make possible greater flexibility in managing the Service, and provide the Depart- ment with more leeway in recruiting and utilizing Foreign Service personnel. One of the: amendments would, in accord with the recommendations of the Wriston Committee, give the Secretary authority to convert civil service positions in the Department to Foreign Service positions and vice versa. As the needs of the Service change to meet new conditions, situations develop from time to time which require that certain classified civil service positions in the Depart- ment he changed to Foreign Service positions or that Foreign Service positions be reconverted to civil service positions. In order that the Department may have more freedom in selecting persons who through previous governmental service and background have developed certain specialties urgently needed in the Service, one of the amendments provides for the removal of the presently existing numerical limitation upon lateral entry into the Foreign Service Officer Corps. It is not the intention of the Department to weaken the career principles which must be maintained if there is to be a highly efficient professional Foreign Service. Nevertheless, the Department should be able to recruit especially well qualified and needed personnel laterally from other agencies of the Government without being restricted in such recruitment by numerical limitations. A proposed amendment would also permit the direct appointment to class 7 of a limited number of persons who have qualified for FSO-8 appointment when age, experience, and other qualifications make such higher level appoint- ments appropriate. EXTENDING RETIREMENT AGE AND TEMPORARY RECALL OF RETIRED OFFICERS Other amendments under consideration would authorize the Secretary, if he determined it to be in the public interest, to extend beyond retirement age the service of officers who are approaching mandatory retirement and also to recall temporarily into service officers who have been retired. At present, the Secretary may extend the service of officers beyond retirement age or he may recall retired officers only when-he has determined "an emergency to exist." The suggested use of the phrase, "in the public interest," would give the Secretary more discretion in utilizing the specialized skills of experienced officers as the need for their services. occurs. It is not the intention of the Department to extend the service of officers beyond retirement age or to recall retired officers into the Service except under unusual conditions. Experience has demonstrated, however, that it would be in the public interest, from time to time, even though no emergency exists, if officers of particular value in certain positions could be retained beyond retirement age or if retired officers could be recalled to active duty to perform specific tasks. ASSIGNMENT OF FOREIGN SERVICE PERSONNEL TO OTHER AGENCIES WITHOUT LOSS OF FOREIGN SERVICE STATUS Another proposed amendment would permit the assignment of Foreign Service personnel, without the loss of their Foreign Service status, to other Government agencies and to international organizations or commissions. Under present provisions, a Foreign Service officer may not serve as a Presidential appointee in an agency other than the Department of State without retiring or resigning from the Service. Furthermore, the Department has encountered certain difficulties which this amendment would remove in assigning officers to international organi- 43120-89-S Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 110. FOREIGN SERVICE ACT AMENDMENTS zations or commissions in which it is in the interest of he United States to have representatives. INSTEP PROMOTIONS AND SEPARATION FRO.F SERVICE A proposed amendment to restore instep promotions within classes for especially meritorious service is necessary in view of a determination by the Comptroller General that authority of this nature which the Secretary formerly had was made inoperative by the Incentive Awards Act. Cash awards' authorized by the In- centive Awards Act are not as appropriate for career For,sign Service officers as are meritorious inclass promotions. The proposed amendments would combine into ono section of the Foreign Service Act provisions governing separation for cause ghat would be applicable to all employees of the Foreign Service on a uniform basis. Under the present provisions separation for cause is covered in four separate sections of the act in such a manner that there is. not equitable application of the provisions to all categories of Foreign Service personnel. FQREIGN SERVICE INSTITUTE AND TENURE OF RESERVE OFFICERS Proposed amendments which relate to the Foreign Service Institute would provide authority for dependents of Foreign Service personnel to receive language, orientation, and other training at the institute when such training is in the interest of the Service. Authority to employ persons who are noncitizens of the United States for use in specialized language and area training programs when citizen instructors are not available would also be provided. Under the proposed amendments, it would be possible in special circumstances for the Secretary to extend the period of service of Reserve officers, the tenure of whom at present is limited to 5 years. This authority is needed by the Depart- ment to provide for the continuation on the rolls of certain Foreign Service Reserve officers whose positions together with certain functions ha re been transferred from ICA to the regular operations of the Department. Many of these officers ap- pointed under this special authority available to ICA, w:tlr no limitation on the term of their service as Foreign Service Reserve officers, have now served in excess of 5 years, yet they must be continued in their same capacity for several more years because of the program responsibilities which have been transferred to the Department. This provision will also enable the secretary to extend the tour of duty of a Reserve officer for an additional period not in excess of 5 years if such officer is performing work of a character particularl- valuable to an agency of the Government other than the Department of Stat ~, if the head of that agency should request such an extension. DISCONTINUANCE OF SALARY DIFFERENTIAL FOR CIVIL SERVICE EMPLOYEES IN FOREIGN SERVICE At the present time, a number of Foreign Service officers are assigned to posi- tions in the Department, which are classified under civil service at rates of pay higher than the Foreign Service officer's salary. Under present provisions such officers now receive differentials to cover the differences between their salaries and those of the civil service positions to which they are assigned. One of the pro- posed amendments would eliminate this salary differentif,l. It is believed that with the integrated departmental and Foreign Service program now in effect and the resultant rotation of Foreign Service officers between field posts and the Department on a regular basis, there is no justification for tie continuance of these differential payments. Foreign Service officers assigned to overseas posts do not receive a differential regardless of the nature of their assign ments and it is not the Department's intention to continue to pay salary differentials when such officers are assigned to Foreign Service officer positions in the Dep irtment. IMPROVEMENTS IN THE RETIREMENT SYSTEM The proposed amendments include a number of changes in title VIII of the Foreign Service Act which, as you know, relates to the For( ign Service retirement and disability system. During the 12 years since the passage of the Foreign Ser lice Act of 1946, there have been substantial improvements in the provisions of other Federal retirement systems s sterns which have not been reflected in similar improvements in the Foreign now is in need of major changes if it As is a result of to provide eqi Ethe F quitable oannuit es for Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 111 Foreign Service officers and their surviving dependents. Among the proposed improvements in the Foreign Service retirement and disability system are: A pro- vision I have already mentioned which will include certain Staff officers and employees in the system; liberalization and clarification of provisions relating to the computation of annuities and survivorship benefits which will bring the Foreign .Service system in line with other Federal retirement systems; clarification of the provisions relating to retirement for disability and to the reinstatement of recov- ered disability annuitants; and clarification of the provisions relating to death in service. Further proposed amendments to title VIII will provide discontinued service annuities similar to those of other Federal retirement systems; an increase in the rate of participant contributions to the Foreign Service retirement and disability fund from 5 percent to 6Y2 percent of basic salary, and a number of other clarifying and simplifying changes. Also recommended are a number of miscellaneous amendments which, if adopted, would strengthen and improve the administration of the Service. These include proposals to clarify and simplify provisions for the establishment of compensation plans for local (alien) employees and to provide for the use of these provisions by other departments and agencies of the Government author- ized to administer local (alien) employee programs; to grant couriers, in view of the hazardous nature of their assignments, a salary differential of up to 15 percent of their basic pay; to clarify provisions relating to the selection out of Foreign Service officers in classes 4, 5, 6, and 7; to further clarify and simplify provisions relating to separation for cause; to clarify provisions relating to the furnishing of household equipment in order to effect economy in transportation costs; and to clarify provisions relating to the transportation and replacement of motor vehicles. With the approval of the Treasury Department, we are also including among our miscellaneous proposals. two amendments, to the Internal Revenue Code of 1954 which are of great importance to the Department. One will exempt from income:. tax liability annuities paid to participants., in. the Foreign Service retire- ment and disability system who are retired for disability. The other is a change in the Internal Revenue Code which will solve a very serious problem relating to the annuities paid nonresident aliens who are retired employees of the U.S. Govern- ment. The majority of these retired local nationals of other countries who have served the U.S. Government loyally and well, over periods of many years, have been retired on annuities which amount to only a few hundred dollars per year. These annuities have come to be considered a contractual obligation of the United States which many pensioned employees, after having made contributions to the civil service retirement fund during the years of their employment, count on to provide for them in their old age. However, on the basis of a Treasury Depart- ment interpretation of existing provisions of the Internal Revenue Code, these annuities have since January 1952 been subject to a 30-percent withholding tax on the full amount of the annuity. This has caused` severe hardship in many cases and has reflected unfavorably upon the United States as an employer. While affected alien annuitants can be found in limited numbers throughout the world, it is significant that a great majority of those affected (approximately 3,000) are in the Philippines. These annuitants considered themselves American citizen employees of the U.S. Government while the Philippines were a possession of the United States. They lost their American nationality when independent status was given to the Philippines. Now being considered alien employees, they have had their annuities reduced by one-third. This has been the subject of protests from the Philippine Government to the U.S. Government each year since the imposition of this 30 percent tax. The Treasury Department now agrees that the tax should not be applied to the annuities of aliens who were former employees of the United States. The draft amendment to the Internal Revenue Code has the approval of the Civil Service Commission as well as that of the Treasury Department and the Department of State. This concludes my statement concerning 5.,443 and S. 2233. Members of my staff and I are at your disposal to discuss individual proposed amendments and to supply you with any background data or supplementary information you may need. I do not know how you desire to proceed, Mr. Chairman. If you wish me at this time to comment also on S. 1243, I would like to offer for the record a copy of my statement made at the committee's hearing on this bill held April 16, 1959. If, however, you wish to take up S. 1243 as a separate item, I shall be glad to hold the statement until the appropriate time. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 112 FOREIGN SERVICE ACT AMENDM:INTS CREATION OF OFFICE OF UNDER SECRETARY OF STATE FOR WESTERN HEMISPHERE AFFAIRS Senator MANSFIELD. We will next turn to S. 106, a bill by Senator Smathers to authorize an Under Secretary of State for Western Hemisphere Affairs. (S. 106, together with executive branch commonts, follow:) [S. 106, 86th Cong., 1st sess.] A BILL To authorize an Under Secretary of State for Western Hemisphere Affairs Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of May 26, 1949, as amended (5 U.S.C. 151a-151c), relating to the organization of the Department of State, is further amended as follows: (1) In section 2, add the following new subsection: "(c) There is hereby established in the Department of State the Office of the Under Secretary of State for Western Hemisphere Affai:?s, which shall be filled by appointment by the President, by and with the advice and consent of the Senate. The Under Secretary of State for Western Hemisphere Affairs shall receive compensation at the rate of $22,500 per year and s call perform such duties as may be prescribed by the Secretary of State." DEPARTMENT OF STATE, Washinghn, February 18, 1959. Hon. J. W. FULBRIGHT, Chairman, Committee on Foreign Relations, U.S. Senate. DEAR SENATOR FULBRIGHT: The Department fully app roves of the basic intent underlying S. 106 introduced by Senator Smathers on Jane: ary 9, 1959 to authorize an Under Secretary of State for Western Hemisphere Affairs. Perhaps at no time in our history has it been of greater importance to tl.e United States to con- centrate on and improve our relations with our Hemisphere neighbors. The Department of State seeks to improve the organizationa. as well as substantive aspects of its relationships with nations of the Western Hemisphere and inter alia is giving full consideration to the recommendations of th,, Milton S. Eisenhower report. While the creation of the new title and position of Under Secretary of State for Western Hemisphere Affairs might contribute in certain re sects to the end which is mutually desired, the Department.of State is of the opinion that the disadvan- ta-es of such a title change outweigh the advantages. It would destroy the existing pattern of organization of the Department by elevating above the Assist- ant Secretary level one of the five treographic bureaus, thus violating the concept of equality of areas advocated in Senator Smathers' spec h. It would have the disadvanta ?e of adding one more Under Secretary of Stake position, all of which now have functional not regional authority. In this co:inection, it is essential to recognize that the Under Secretary and the Under secretary for Economic Affairs, as well as the two Deputy Under Secretaries (P ilitical Affairs and Ad- ministration), all share responsibilities for the major problems in our relations with Western Hemisphere nations. It should not be considered, therefore, that these problems receive only fifth-echelon attention and co isideration through the Assistant Secretary for Inter-American Affairs. Be assured that Senator Sm.athers' cogent assessment cf the sensitivity of and importance of our problems with the Western Hemisphere finds no dissent within the Department of State. We will continue to seek to improve by all substantive means the conduct of our relations with the peoples of our own hemisphere. The Department has been informed by the Bureau of tie Budget that there is no objection to the submission of this report. Sincerely yours, WILLIAM B. MACOMBER, Jr., Assistant Secretary (For the Actini; Secretary of State). Senator MANSFIELD. Mr. Secretary, Senator Sinathers will submit a letter in support of his measure at this time. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releaml1l9&9/ ?E:.( IiA RDP1r8 O3721A0004i020007-7 (The letter referred to follows:) U.S. SENATE, COMMITTEE ON FINANCE, July Q, 1959. Hon. MIKE MANSFIELD, Chairman, Subcommittee on State Department Organization and Public Affairs, Foreign Relations Committee, O.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Due principally to 'other official commitments I regret it is not possible for me to personally appear before you and your subcommittee in connection with the consideration of S. 106, a bill which I introduced on Janu- ary 9 of this year, to authorize the appointment of an Under Secretary of State for Western Hemisphere Affairs. However, I am grateful for the opportunity afforded me to submit this state- ment in lieu of my personal appearance. We are all conscious of the turmoil that presently exists in Latin America today. Hardly a day passes that the newspapers throughout the country fail to give some mention of what appears to be a continuing deterioration of affairs.in this area, with the inference, and I believe rightly so, that much of it is brought about as a result of complacency on our part to give the forthright leadership required. I have on numerous occasions pointed out that our attention is directed by virtue of various emergencies in other areas of the world, and there has been a feel- ing existing for too long a period of time that everything is well south of the border, or at least not of sufficient magnitude as'to require major attention in connection with the administration of our foreign policy. Of late, we are becoming more conscious of the need for able and forthright leadership which our friends to the south have been seeking and looking forward to us to furnish. The seeds of discord provide a fertile field for the Soviet economic offensive which is gaining momentum at a rapid pace in the area today. Where. the Communists were at one time confined to and later driven from Guatemala, they now are gaining ground throughout the entire Latin American area. The consequences of Soviet success defy calculation. The danger is real. Inestimable. damage can result to our own security and economy unless swift action is taken to cope with the situation as it exists. We must accept and successfully meet the Soviet challenge and assist our Latin Amecrian neighbors. in their hour of need, or else be prepared to suffer thq copse gquences. On numerous occasions I have pointed out many things which we could do to assist the area with the problems that beset `it. One of these is the pending pro- posal to authorize the appointment of an Under Secretary of State for Western Hemisphere Affairs. The creation of this new post would recognize, and give in- stitutional expression to, an existing set of facts-namely, that American foreign policy now is, and to an extent must be, so thoroughly preoccupied with the prob- lems of the immediate present, that little attention is directed to less urgent matters. This is true, even though in the long run the less urgent problems may be the more crucial ones. The change which would be brought about by my proposal may seem, out- wardly, to he insignificant. But as a result of the foreign policy tendency which I have outlined, and of what might otherwise be called the inevitable hot-spot method, all of our officials in the Department of State are disposed to give priori- ties to matters outside this hemisphere. The bill is not intended as a criticism of the Department of State, or of the Assistant Secretary of State. for Inter-American Affairs, but is meant to be a con- structive proposal rooted in what I conceive to be an inescapable fact-namely, that the present structure of the Department of State, given the situation of worldwide attention anal recurrent cr,isus, leads, ineyii~ably to preoccupation with immediate troubles and to neglect long-range needs. All of us can agree that such a state of affairs is completely undesirable. Our objective should be to secure an effective balance between a foreign policy shaped to fit present problems and one adapted to future needs, as well. Balance is needed; and it can be accomplished by the creation of the new post of Under Secretary of State for Western Hemisphere Affairs, within the State Department, in such a fashion as to give equal footing to officers charged with the development of the two aspects of policy. It is my firm conviction that the crea- tion of this new post must be accomplished only on the level of Under Secretary, thus giving the two persons named to these offices equal access to the Secretary of State, and, in the absence of the Secretary, equal access to the President of the United States. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 ApprovedkFpr Release f, 99/0> 2r1 A 721A000400020007-7 Many problems-all of them important-now exist between the United States and its allies in the Western Hemisphere; and each of these problems is receiving attention, although in varying degrees. However, it is my judgment that all of these problems can be solved and a longer step can be taken toward the establishment of a cooperative and happy hemisphere if we recognize that the essential first step is the appointment of an Under Secretary for the Western Hemisphere. To make this step is to let the other peoples of this hemisphere know of the import ant position they occupy in the minds of the people of the United States of America, their principal neighbor. The purpose of this bill is to satisfy their justified lodging and desire for recog- nition; it is to set in motion machinery which will reverse the policy of "Latin America last," and will-as it properly should-put the Western Hemisphere first. It is clear, beyond sensible doubt, that the importancE of these problems justifies and, in fact, demands the creation in our Government of a position which will enable an individual of ability to have the rank and the prestige of a position which will enable him to go directly to the President of the United States, and thus cut through redtape and delay which now separa;e the Assistant Secretary in charge of the Inter-American affairs from the Secretary of State and the President of the United States. Unquestionably, the lack of rank, prestige, and influe ace of the existing position of Assistant Secretary of Inter-American Affairs has n ade it difficult for anyone who occupies that position to come to grips properly a id directly with the many and varied problems which exist, and to solve them expeditiously and wisely. The result has been, throughout the whole Wester:i Hemisphere, smoldering fires, which from time to time erupt into bright flames. On such occasions, we see the use, once again, of our "fire truck" foreign poll iy-when some of our top officials rush in, and do their best to extinguish the flames, but leave the fire smoldering. Too long have the problems of the Western Hemisphere received onlyfifth- echelon attention and consideration. To enable us to prevent neglect and post- poned consideration of these problems while the Secretary of State and other top-level officials look intently at flames-which may E,ppear to be burning more brightly-in the Mideast and in other areas of the world, it is essential that we insure the current consideration of Western Hemisphere problems at the level their importance demands, by having them considered by one who will have the prestige of the position of Under Secretary of State for Western Hemisphere Affairs. For these reasons, I believe it imperative that we give to Western Hemisphere policy, not priority, but a greater measure of equality. I trust that our present state of affairs in the area will serve as an adequate, sufficient, and timely warning to all of us. I sincerely trust that the subcommittee will act promptly and favorably on S. 106. In so doing, an inestimable contribution will be made toward the develop- ment of an effective and stabilized foreign policy. I shall appreciate it if you will have this letter made s part of the record of your hearings. With kind regards, I am, Sincerely yours, GEORGE ~IMATRERS; U.S. Senator. Senator MANSFIELD. Mr. Secretary, we will let you carry the ball on the measure now before us. STATEMENT OF HON. LOY W. HENDERSON, DEPUTY UNDER SECRETARY OF STATE FOR ADMI FISTRATION Mr. HENDERSON. Mr. Chairman, I have a. statement which I should like to submit for the record, and if you wou] d permit me, I would like to give, orally, a short statement. Senator MANSFIELD. Fine. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 999/?82 ? GI4 M721A00040Q020007-7 ELEVATION OF ONE ASSISTANT SECRETARY TO UNDER SECRETARY WOULD DIMINISH PRESTIGE OF OFFICE OF ASSISTANT SECRETARY Mr. HENDERSON. I might say that there are five Assistant Secre- taries of State in charge of extremely important geographical bureaus. The elevation of any one of these Assistant Secretaries to an under- secretaryship or to a deputy under secretaryship would tend to lower the prestige of the rank of assistant secretary and thereby reduce the effectiveness of other assistant secretaries. The rank of an Assistant Secretary of State is traditionally; high. He has a position at least as important as the positions of the chiefs of our key diplomatic missions abroad. I personally am inclined to believe that to describe the Assistant Secretary for Inter-American Affairs as a "fifth-level figure" gives an incorrect picture of what his true position is. As Assistant Secretary he has access to the Secre- tary of State at any time. He may be and is in fact called upon from time to time to attend conferences relating to the American Republics in the White House. He frequently explains our policies with regard to the American Republics and developments in that area to congressional committees. A change of his title to that of Under Secretary would not, in the opinion of the Department, facil- iat, the conduct. of our. relations with the countries of this hemi- sphere. Such a move would certainly distort the, organization of the Department. It would disturb a balance which has been worked out as a result of many years of experience. IMPORTANCE OF WESTERN HEMISPHERE VIS-A-VIS OTHER GEOGRAPHICAL AREAS Senator MANSFIELD. Now, Mr. Secretary, how do you consider the Western Hemisphere in relation to the other geographic areas? Mr. HENDERSON. We consider the Western Hemisphere as ex- tremely important. It is hard for me to make a comparison, to say that, for instance, the Western Hemisphere is more important to the United States than the continent of Europe. I certainly think that it is just as important. At the present time, Asia is also becoming increasingly important to us. It would be very difficult to try to draw comparisons which would indicate that one area of the world is, more important to us thanany other area of the world. Senator MANSFIELD. Let me put it this way: Do you think we are paying more attention to other areas of the world and less attention in comparison to Latin America? Mr. HENDERSON. I think, at the present time, probably more attention is being concentrated upon our problems arising from the existence of an aggressive international communism than on problems of any other character from any other factor. Senator MANSFIELD. Where? What area are you referring to? Mr. HENDERSON. International communism is busy in all areas of the world. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 ApprovecthDr Releasimfl 2?9/O&2[7E: ! A D8 r( 3721A000400020007-7 At the present time, of course, we are particularly preoccupied with directing the administrative center of international communism, that is, on the Soviet Union. Senator MANSFIELD. Do you think international communism is a danger in the Caribbean and in Latin America, particularly? Mr. HENDEISON. It is a danger in all parts o' the world, but we are making special efforts to deal with international communism in this area. I can assure you that a-great deal of attention has been paid to international Communist activities in the Carl bean. Senator MANSFIELD. But haven't we been dealing with it in a more intensive manner in every other region of the world, other than Latin America, until comparatively recently? Mr. HENDERSON. I think that probably ws have not, up until recent years, given the attention to the inroad:, of international com- munism in this hemisphere that we should have given. HAS THE UNITED STATES TAKEN LATIN AMERICA FOR GRANTED? Senator MANSFIELD. Would you say that we have been taking Latin America for granted? Mr. HENDERSON. Mr. Chairman, I am not it a position to answer some of these questions, but I do not think we lave been taking Latin America for granted. Senator MANSFIELD. How does it happen, t1 en, that when a num- ber of sudden outbreaks, take place at our own back door, in our own hemisphere, we all of a sudden develop a real int? rest in Latin America? We try to give added authority to the Organization of American States; we are in the process of developing an Inter-American Bank; we are paying more attention now to Latin America than we have in the past; but only, in my opinion, because we have been forced to. Unlike you, Mr. Secretary, I. can express a personal opinion and get away with it-and I think that our chicke:is are coining home to roost. When we were in trouble, we turned to the Latin American States, and they gave willingly and unstintingly of their resources to help us in a conflict in which we were primarily engaged. They gave us. all kinds of support and encouragement. But then when the conflict was over-and this happened after both the Firs t and Second World Wars-we seemed to turn elsewhere, and develt p a greater interest in Europe, in Asia, and now in Africa. Our interest turns to Latin America only when we are, in a sense, forced to turn to it because of edents which have occurred down there wh:.ch might have been circumvented had we watched our p's and-q's; and done the kind of a job we should have with our hemispheric neighbors in the meantime. SENATOR SMATHERS' ATTEMPTS TO STRENGTH r N INTER-AMERICAN RELATIONS . The Latin-American situation does worry me, and I can understand Senator Smathers' desire to bring about a degree of added recognition for all Latin America. I can understand and sympathize with his desire to give added strength to the OAS threugh the creation of a police force and a regional court of justice. I would hope that these proposals made by Senator Smathers who, I think, is our strongest Latin America man in the Senate, would `be Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27: CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 117 given the consideration due them by the Department of State. Such due consideration would encourage Senator Smathers in what he has been doing for so many years, and for which he has received so little recognition. Mr. I-IENDERSON. Mr. Chairman, could I say that we in the Department have great respect for the views of Senator Smathers with re ard,, particularly, to this hemisphere, and we certainly will give and are giving careful consideration to the views which he may express. WAYS IN WHICH ADDED RECOGNITION COULD BE ACCORDED THE LATIN AMERICAN REPUBLICS Senator MANSFIELD. But you do not think it advisable that an Under Secretary of State for Western Hemisphere Affairs be selected- is that correct? Mr. HENDERSON. We do not think it would be advisable, Mr. Chairman. We feel that there are other ways of giving more concentrated attention to our problems in the Americas than by appointing an Under Secretary for the Western Hemisphere. Senator MANSFIELD. Mr. Secretary, would you furnish this com- mittee a list of these other ways in which we can give added recognition and prestige to Latin America in our relations with that.area? Mr. HENDERSON. I.shall be glad to do so. (The material subsequently supplied by Mr. Henderson is as follows:) %.r I believe, Mr. Chairman, that the record of the past several years will show no lack of attention paid by high officials of this Government to our inter-American relations. The President, the Vice President, the Secretary of State, and on several occasions the Assistant Secretary of State for Inter-American Affairs have visited the region. As you know, the President sent his brother, Dr. Milton Eisenhower, on two factfinding and good-will missions to the area. There have been in addition a number of inter-American meetings attended by other high officials of this -Government, such as the Secretary of the Treasury, the Deputy Under Secretary of State, and the President of the Export-Import Bank. The United States was instrumental in obtaining the convocation of a special meeting of the Presidents of the American Republics held in Panama in 1956. The Committee of Presidential Representatives resulted, which, meeting over a period of several months, made a number of significant recommendations for improving the activities of the OAS and subordinate agencies to deal with growing social and economical problems of the region. The record, therefore, will show, I think, that high officials from the President down have in fact devoted a good deal of attention and time to Latin America. In addition, Mr. Chairman, it would be inaccurate in my opinion to conclude that the United States has merely reacted to events in Latin America. May I refer, as an example, to the tremendous problems of economic and social devel- opment which have been of major current concern to our Latin American friends. The Department noted the increasing economic stresses which developed in the region in 1956 and 1957. Following the Buenos Aires Economic Conference in 1957-when it became clear that the worldwide break in basic commodity prices, the business recession in this country, and other adverse factors were having a damaging impact on the economies of many of the American Republics and on their development programs-the Secretary of State, in January 1958, established a departmental task force to undertake a basic policy review of our inter-American economic relations. The recommendations resulting from, this policy review led directly to such later measures as U.S. participation in the organization of a regional development bank, participation in international commodity study groups, increased support for sound regional market planning, and to other similar . steps. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27: CIA-RDP78-03721A000400020007-7 118 FOREIGN SERVICE ACT AMENI)MENTS High-level attention and preoccupation with these matters can be further demonstrated by the support the United States has extended to the multilateral effort to develop Latin America's economic potential, which has come to be known as Operation Pan America. May I emphasize earl icularly the invitation ex- tended by Secretary Dulles to the other American Foreign Ministers to meet in Washington last September to discuss these problems, The result, as you know, was the establishment of the Commic.ee of 21 and th, speeded-up negotiation of a charter for the Inter-American Development Banls, I should also point out, Mr. Chairman, that the Department of the Treasu y, the Development Loan the Export-Import Bank and, other agencies of the Government have also Fund , devoted high-priority time and attention to Latin American economic problems: Similarly, the Department, during recent years, has given high priority to the problems and the dangers posed by international communism in Latin America. It was our concern on this score that led to our sponsorship of Resolution XXXII adopted by the Ninth International Conference of American States at Caracas in 1954. This resolution, by which it was agreed that i iternational communism in effect constituted intervention in the affairs of the A nerican Republics, laid the groundwork for continuous cooperation among the American States on this prob- lem. The United States has been in the forefront of the effort of all the American Republics to counter the threats and dangers posed by international communism and has sought in every appropriate way to help the other American States meet the Communist threat. The Department is, in short, acutely aware that Latin America is a dynamic area, undergoing important changes and consequently experiencing serious economic, political, and social stresses. We are equally aware of the need to give our best effort and thought to meeting the problems this situation poses for us, and consequently of the special place which Latin America necessarily holds in our foreign relations. I mentioned in my earlier testimony, Mr. Chairm.rn, that the administrative step of establishing the position of Under Secretary of State for Inter-American Affairs would not in my opinion necessarily meet th,~ objective of insuring con- tinued focus and attention on this major sector of our international relations. This proposal seems to misjudge the effectiveness of the present system, and introduces the danger of prejudicing the overall effectiveness of the Department by the creation of an imbalance in its organizational tstructure. Precisely in order to meet the objective of continuous improvement in our handling of Latin American matter, while at the sf.me time avoiding the dis- advantages of the Under Secretaryship proposal, th, Department has adopted or has under consideration the following specific measures: 1. In keeping with the recommendation of Dr. :Milton Eisenhower we are taking steps to establish a National Advisory Committee on Inter-American Affairs which will be composed of six outstanding leaders and experts on Latin America from private life and which will- be chaired by the Secretary of State. This committee will consider current and long-rang( problems in our relations with Latin' America and make recommendations to the Secretary of State in connection therewith. I am convinced that this committee will serve a very helpful function both in terms of developing additional useful ideas with respect to our inter-American relations and in promoting it wider understanding and appreciation of these relations among the people of t its country. 2. Steps are being taken to implement a resolut .on recently passed by the Council of the Organization of American States which requested that member governments establish national commissions to disseminate and promote an understanding of the principles of pan-Americanism and of the OAS and its function. We propose a National Commission for the Organization of American States, which would be comprised of a substantial number of national leaders, such as educators, editors, writers, businessmen, ag.-iculture and labor leaders, public officials, and prominent individuals from social and cultural institutions. Its function would be to promote, with the advice and consultation of the Secre- tary of State, a wider public understanding of pan-Americanism, the activities of the OAS, and the social, cultural, and political life of the other nations of the Americas by means of appropriate cultural, artistic, and scientific activities. This, I believe, will provide a very effective means of giving added recognition and prestige to Latin America. - 3. The executive branch, as you know, has requested appropriate legislation from the Congress to permit the United States to parti;ipate in the Inter-American Development Bank. The establishment of such a dank, - to which the United States would contribute a substantial amount of I unds, represents. a definite Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721Aggg400020007-7 ACT AMENDMENTS E FOREIGN SERVIC recognition of the special importance of Latin America and of pressing economic needs in the area. In terms of this country's foreign economic policy, participa- tion by this Government in this organization will provide a special focus for our economic relations with Latin America and that region's economic problems. 4. In September 1958 the Department's Bureau of Inter-American Affairs was reorganized to permit more efficient handling of the area's problems. The previ- ous two geographic offices were expanded to four, which are now responsible for the conduct of U.S. foreign relations with the 20 American Republics. the creation -of the two additional offices was designed to enable each office director to concen- trfite. to a greater extent,on his area, and to effect closer coordination between Foreign Service posts and the Department on significant political, economic, and consular activities. 5. A recent reorganization of the research areas of the Department will make it possible for the Department to place greater emphasis on studies of the problems of this hemisphere and particularly of the problems flowing from the activities of international communism. Furthermore, the results of these studies will be made available not only to our personnel engaged in work on the American hemisphere, but to key personnel of the Department and of the Foreign Service as a whole. We are also planning to devote more attention in the Foreign Service Institute to matters relating to the American hemisphere. We are also making strenuous efforts to raise the level of the language and other qualifications of our personnel in the American Republics. Already, as a result of our efforts during recent years, the majority of our key personnel in the American Republics speak the language of the country. I am convinced, Mr. Chairman, that these and other measures, which have been taken or are planned, do indeed constitute an effective recognition of the special importance to us of Latin. America and will add up to an increased effectiveness in the handling of our relations with that area. (The prepared statement of Mr. Henderson follows:) STATEMENT BY HON. Loy W. HENDERSON, "DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION, ON S. 106, To AUTHORIZE AN UNDER SECRETARY OF STATE FOR WESTERN HEMISPHERE AFFAIRS Mr. Chairman, the Department has carefully reviewed S. 106, the bill intro- duced by Senator Smathers to authorize an Under Secretary of State for West- ern Hemisphere Affairs. We appreciate the basic purpose of this bill-to aid the U.S. Government and the Department of State in particular in concentrating on and thereby improv- ing its relations with the other nations of the Western Hemisphere. Perhaps never before in our history have our relations with Canada or the nations to the south of us been of such crucial importance. We do not believe, however, that the specific organizational change which S. 106 seeks to affirs and make in fearht that it m ght even hamper our efforts in this regard. EFFECTS OF CREATION OF OFFICE OF UNDER SECRETARY OF STATE FOR WESTERN HEMISPHERE AFFAIRS The establishment of the position and office of Under Secretary of State for Western Hemisphere Affairs would have the following undesirable effects: 1. It would elevate one geographic region to an organizational level in the Department above that accorded the other geographic regions. This would violate the concept of equality of areas propounded by Senator Smathers in his speech of August 16, 1958. The existing pattern of organization-each regional bureau headed by an Assistant Secretary-facilitates a balanced consideration of the political affairs of each of the major geographical divisions of the world. 2. The urisdictional boundary between an Under Secretary of State with regional and other Under Secretaries and Deputy Under Secretaries of responsibilities State with worldwide responsibilities would be impossible to establish and might well lead to duplication of effort and the necessity for burdensome clearance procedures. It is essential to recognize that when an Assistant Secretary of State in charge does of a geographic area works on the major problems of his area tae U rider Secretary, ticipation with one or more of the following; The Secretary, the Under. Secretary of State for Economic Affairs, or the two Deputy Under Secretaries. These problems receive, therefore, first rather than "fifth echelon attention and consideration." Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved Fgqtelease 199/08/27 : CIA-RDP78-03721A000400020007-7 OREIGN SERVICE, ACT AMANDMENTS Several recent actions taken by our Governmen, offer tangible evidence of the importance which we attach to our relations with the nations of the Western Hemisphere. For example, the President in his message to the Congress on May 11, 1959, urged prompt action by Congress -,o enable the United States to join with other members of the Organization of American States in an Inter- American Development Bank. This regional economic development institution will provide for economic cooperation on a sound fir.ancial basis among the nations of the Western Hemisphere. In addition, we are taking steps to establish a National Advisory Committee on Inter-American Affairs in accordance with the recommendation made by Dr. Milton Eisenhower in his report to the President on United States-Latin American relations. The Committee will review current pr)blems relating to all aspects of our inter-American relations and will advise on -)olicies both intermediate and long range. These substantive actions by the Department indicate that we are acutely aware of the sensitivity and importance of ourproblen is in the Western Hemispiere. PROJECTION OF FOREIGN SERVICE B17ILDINGS PROGRAM Senator MANSFIELD. Now. we will go on 0 the next measure before us. S. 1044, introduced by Mr. Fulbright by request, is a bill to amend the Foreign Service Buildings Act of 1926, as amended. (S. 1044, together with executive branch (omments, follows:) [S. 1044, 86th Cong., 1st sess,] A BILL To amend the Foreign Service Buildings 2 et of 1926, as amended Be it enacted by the Senate and House of Represenlatives of the United States of America in Congress assembled, That section 4 of t?e Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 295), is amended by adding at the end thereof the following new subsection: "(c) For the purpose of carrying into effect the provisions. of this Act there is hereby authorized to be appropriated, in addition tc amounts previously author- ized, an amount not to exceed $100,000,000, of which 650,000,000 shall be available exclusively for payments representing the value, in whole or in part, of property or credits in accordance with the provisions of the Act of July 25, 1946 (60 Stat. 663). Sums appropriated pursuant to this authorisation shall remain available until expended." DEPARTMENT OF STATE, Hon. RICHARD M. NIXON, Washington, February 3, 1959. President of the Senate. DEAR MR. VICE PRESIDENT: The Department st bmits and recommends for your consideration the enclosed proposed legislation a vending the Foreign Service Buildings Act, 1926 (22 U.S.C. 292-300). Authorizations of appropriations to carry out the provisions of the Foreign Service Buildings Act from 1926 to the present total $231,625,000, of which $200 million is authorized to be used exclusively for payments to agencies of the U.S. Government for foreign credits and currencies. After the appropriation for the current fiscal year, there remains an unappropriated balance of authorization of $28,095,000, of which $27 234,000 is for the procuremi:nt of foreign currencies and $861,000 is in dollar aut~rorization. These amounts will be reduced further by the appropriation for the fiscal year which ends June 30, 1960. Thus far, under its Foreign Service buildings program, the Department of State has acquired residences, office buildings, and staff lousing valued in excess of $158 million. Even so, many of the personnel at ove -seas posts are working and living in accommodations far below the standards considered minimum in the United States of America. In order to assess the total needs overseas, the Depart- ment initiated a post-by-post survey of buildings requirements, and as a result of this survey prepared a program to meet the basic re. uirernents. A copy of time program is enclosed. It contemplates expenditure of an estimated $120 million in the period from fiscal year 1961 through fiscal year 1965. Acquisitions under the Foreign Service Buildings Aci; have been financed largely through the use of foreign currencies and credits. : urplus property and lend- lease credits have provided foreign currencies for a substantial portion of the Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 CIA-RDP78-03721A000400020007-7 FOREIG N SERVICE ACT AMENDMENTS 121 program. The use of these credits permitted the conversion of a portion uof the debts to tangible assets of lasting value. The disposal of surplus agricult- re com modities.authorized by'Public Law 480 currently is providing foreign currencies useful in financing the buildings program. There are, however, certain limitations to the use of foreign currencies and credits. A substantial portion of them are held in countries where the need for building facilities no longer is acute. Under regulations prescribed by the U.S. 'Treasury Department and placed in effect on December 1, 1953, all agencies of the U.S. Government needing foreign exchange are required to purchase it from U.S. Treasury holdings, and they may not purchase from external sources unless the Treasury cannot supply the. kind of currency needed. Only a relatively small number of foreign currencies are held by the Treasury in substantial amounts, lative to overall U.S. needs, and this number is being reduced wherever possible by evehange conversion of surplus he into currencies in demand. Conversely, many of the Department's most urgent and compelling buildings needs.are in countries= where credits, or local currencies in excess of current disburs- ing requirements are not held by the United States. In addition, the buildings program funds the maintenance and operating costs for owned and long-term leased buildings of the Department of. State overseas, and a number of these buildings are located in areas where no currency credits are available. U.S. dollars must be expended to meet obligations in these circumstances. Conse- quently, the dollar requirements have increased in recent years and probably will continue to increase in the future. The proposed amendment to section 4 ill w authorize additional appropriations of $100 million of which $50 million is to be in foreign currency credit authoriza- tion. A statement reflecting the authorizations and appropriations under the Foreign Service Buildings Act is enclosed. The Department of State has been informed by the Bureau of the Budget that there,is no objection to the presentation to the Congress of the proposed legislation. A. letter similar to this is being sent to the Speaker, of the House of Represent- atives. Sincerely yours, Enclosures: Joan FOSTER DULLES. 1. Copy 'of draft bill (became S. 1044, see p. 120). 2. Copy of foreign buildings requirements, 1961-65, inclusive. (See p. 131.) 3. Copy of Department of State uth i a or zations and appropriations for the foreign buildings program. (See p..130.) Senator MANSFIELD. Mr.. Secretary, do you want to start off on this bill, or do you want Mr; William P. Hughes, the Director of the Office of Foreign Buildings, to take the lead? STATEMENT OF RON. LOY W: HENDERSON, DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION, ACCOMPANIED BY.:.,WILILIAM P. HUGHES, DIRECTOR, OFFICE' OF FOREIGN BUILDINGS Mr. HENDERSON. Mr. Chairman, could, I present my principal wit ness statement together with the documents? Senator MANSFIELD. Fine. Mr. HENDERSON. At this point I believe that Mr. Hughes should come up and join me. Senator MANSFIELD. Mr. Hughes, will you please come up and .sit with the Secretary? Mr. HENDERSON. I believe my principal witness statement, to- gether with the attachments to it, present most of the problems in a rather clear form connected with this bill. Mr. HUGHES. Mr. Chairman, with, your permission, I offer to the committee a detailed statement on the projection of the buildings N..w program, complete with a general statement and the supporting schedules that show area by area and country by country as: we see Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 122 FOREIGN SERVICE ACT AM:7NDMENTS our needs in the immediate years ahead. With your permission, I shall be very happy to brief the statement in a simple summary. The Department.. presents for your consideration, Mr. _Chairman, an increase of $100 million in the authorization for the Foreign Service building program. The Foreign Service Buildings Act of 1926 authorized the' oversew program of the Department of State. The original act has been amended from time to time to accommo- date the many special and unusual circumstances encountered in the operation of the program overseas: FOREIGN CURRENCY INCREMENT TO FOREIGN SERVICE BUILDINGS PROGRAM You will note that in addition to a U.S. dollar authorization, the Congress included an authorization in foreign currencies first in 1946. At that time, as a result of lend-lease, surplus property disposals, and other agreements, this Government either owned or was owed sub- stantial amounts of foreign currencies, an(['after careful consideration the Congress recognized the building prog ram was one means of con- verting these currencies into useful and lasting facilities to be used by the diplomatic and consular establishments abroad. The reasons for that decision are as vatic. today as they were in 1946. While the properties we own throughou>> the world today are valued in excess of $160 million, our expanded iesponsibilities impose ' addi.- tional burdens on our present facilities b:7 creating demands for new facilities in places where none has `existec. heretofore. We are also mindful of the foreign ei rrency requirements of the Department's international education exchange program. An analysis of the requirements of this program and the building program reveals no serious competition for limited local currency resources. As this committee knows, I an increasing proportion of the local currencies used for the educational exchange program are obtained under the provisions of Public Law 480. I should like to emphasize that the building program has a signifi- cant effect on the morale of our people abroad. In many remote and difficult living areas the success of our various programs depends,, in large measure, upon our physical plant, not alone for the physical comforts but for the health and safety of tiese people assi ned;overseas. Mr. Henderson and I are happy that we are able to present this to you in detail, and I hope we shall be able to answer any question which the committee may ask. - Senator MANSFIELD. Mr. Hughes, how much money was authorized in the act of 1946? Mr. HUGHES. $125 million, Senator. Senator MANSFIELD. In dollars? Mr. HUGHES. No, sir; 15 million wa NIIkA000400Q20007-7 Reconciliation of major projects with FBO program summary for period of fiscal years 1953-59 Foreign exchange plicable lines from table 2 summary: A 195 185 3 799 $313 p ______________________________ Sites for construction B1 $3,498,994 , $ , , 873 84 ___ . ment velo D ------------------------------- B2 2,1&4,603 99,730 2,0 , 258 968 e . p ---------- struction ---------------------------- C B3 43,509,243 37,540,985 , 5, 64 ------------- on . ____________________________ acquisition ert P 5 2884,256 2,250,692 633, 5 230 _____ y rop B . _____________________________ rovements ital im C B7 2:218,678 1,634,448 584, 5 608 ___ p . ap Special projects -------------------------------------.. B11 770,719 655,111 11 , . Projects: 4 648 800 46 291,682 38 8,357,118 )_________ Major projects accomplished, 1953-58 (table rojected for 1959 (1960 budget)____________ ects ro M , , 4,765,000 , 4,065,000 700,000 214 3 ajor p p j Minor projects and capital improvements----------------- 3,652,693 3,009,479 , 64 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Apprc d For ReI e4 9 1Z,7j RQW -03721A000400020007-7 Listing of major construction and acquisition projects during 6-year period, fiscal years 1958-58 Capital investment 1953-58 Africa (AF): Belgian Congo: Leopoldville OB-- D $420 277 o SH -------------: Ethi i , 54 503 op ----------- a, Addis Ababa ------------------------ OB ext- -------- Gh A , 59 81 ana, ----------- ccra ______________ ---------------------------- OB/SH Liberia Monrovia , 7 448 62Z , _ _______ ---------------- OB/ER/SH-----? ----------- ib a T i lf , 335 634 y , r po ------------------------- ------------------ OB site --------------------- Moroeco , 150,219 Casablanca OB site-------- R b 78 780 a at ER , 149 634 ------------ Do OI1/SH site_ _ ___ T , 257 022 angier OB/COR-------- L , 884 40a agos 0B - - - ------- T - , 442 42 - unisia, Tunis OB -- ----------- Uni f S , 4 417 705 on o outh Africa, Capetown_______________________ ER , 101, 450 Total AF American Republics (ARA): Argentina: Buenos Aires___________ ---------------------------- Air AR Do------ NAR 77,789 --- ---------------- Do 78883 ----- ---------------------------------------- DCMR ---------- Brazll: 80,040 life de Janeiro ER S P 149 184 ao aulo----- OB site Ecu d i , 389 101 a or, Qu to_____________________________ ________ OB----------- ------ El S l d , 496 311 a va --- or San Salvador_---------------- OB site------- ------ Domi i k , 85 850 n can --- epublic, Ciudad Trujillo___________________ ER Guat l G , 58 450 ema a, uatemala City --------- OB--- ?-------------- H iti P , 179 325 a , ------ ort-au-Prince_________________ ER --- ------------ Honduras Tegucigal a , 88,581 , p __ OB/ER-------- --- e M i Me i 749779 ex x co, --- xragua co Managua C[ty____________________________________ NAR - -- - - - -- 57,412 , ------------------------------------ OB/SH------------- Parsgua A i - - -- -- 297 438 sunc on Y, ------------------------------------ 013/ER -------- P , 796 513 ---- ------- eru, Lima OB-------------- U , 1 190 281 -?--------- ruguay, Montevideo OB site ----------- Venezuela: , , 200, 000 Caracas SOR sites ----- 109 664 -------------- Do DCMR-------------------- , 82,000 Total ARA----------- E E urope ( UR): Austria: Vienna---------------------- ----------- OB 95 987 Bel ium B l , 1 318,651 g , russe s--------------------------------------- OB Can ada: Halifax C GR------------- M , 279,860 64 935 ---------- ontreal OB---------------- ----- C h l ki - , 328 585 zec os ova - - a, Prague_________________________________ ER/SOR/SII_______________ D k C 119 373 : enmar , openhagen__________________________________ OB ------------------------ England: London OB/SII------------?------ Do E R , 105, 773 768, 944 -- ----------- Do---------------- ------ ---------------------- OB (new)----------- France? 317, 915 5,627 , 446 Le Havre-..----- -------------- OB/SH---------- 166 990 ----------- Marseilles OB Germany: Dusseldorf --? OB F kf , 118,136 530 853 ran urt ------------------------------------------- CGR II b , 71 429 am urg-------- ---------------------------------- OB , 505 510 Munich OB , 960 210 Do CGR------------- , 119 048 -- -------- Frankfurt OB St tt t , 1 045 051 u gar --------------------? ---------------------- OB Icel d R k ik , , 606 606 an , jav ey --------------- ---------------------- SH site-------------- ------- Italy: Genoa-------------------------------- ------------- CR./OB site --------------- l P , 104, 358 145 280 -- a ermo----------- C GR/O B site -------. _______ N th l d , 140 400 e er an s, The Hague________________________________ OB------------------------- N O l , 1 165 810 orway, s o------------------------------------------- OB--------------- P l , , 1 228 837 o and, Warsaw--- ----------- OB/811 and site______ ______ i S M , , 176 813 _ pa n, adrid ----------------------------- OII Sweden Stockholm , 521,352 , _____________________________________ OB Yugoslavia, Belgrade____________________________________ 511----------------------- - 1,012,064 837 500 - - See footnote at end of table, p. 141. , Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1 ,$1 $/&,vGlRcRDR7i8aDN~91A00040Q020007-7 Listing of major construction and acquisition projects during 6-year period, fiscal years 1963-68-Continued capital investment 1953-68 Europe (BUR)-Continued West Indies Federation: Port of Spain---------------------------------------- Do---------------------------------------------- Far East (FE): Hong Kong---------------------------------------------- Indonesia: Djakarta-------------------------------------------- Do---------------------------------------------- Do---------------------------------------------- Medan---------------------------------------------- Japan: Kobe------------------------------------------------ Nagoya---------------------------------------------- Korea, Seoul-------------------------------------------- Laos, Vientiane----------------------------------------- Okinawa------------------------------------------------ Philippines: Manila---------------------------------------------- Do---------------------------------------------- Do---------------------------------------------- Do---------------------------------- ----------- Thailand: Bangkok-------------------------------------------- Do---------------------------------------------- Singapore----------------------------------------------- Total FE---------------------------------------------- Near East and South Asia (NEA): Aden---------------------------------------------------- Egypt, Cairo-------------------------------------------- India: Now Delhi------------------------------------------ Bombay-------------------------------------------- Calcutta-------------------------------------------- Iran: Teheran-------------------------------------?------- Tabriz----------------------------------------------- Iraq: Baghdad-------------------------------------------- Basra---------------------------- ------------------- Pakistan, Karachi--------------------------------------- Saudi Arabia: Jidda------------------------------------------------ Dhahran-------------------------------------------- Syria, Damasous--------------- ------------------------- Turkey: Ankara ---------------------------------------------- Do---------------------------------------------- Istanbul-------- ------------------------------------ Recapitulation: ARA---------------- ----------------------------------- EUR---------------------------------------------------- FE----------------------------------------------------- NEA----------------------------- ---------------------- AF----------------------------------`------------------- Total-----------------?-------------------------------- I Project symbols: OB-office building. E R-embassyresidence. COR-consulate general residence. S11-staff housing. SOR-senior officer residence. OB ------------------------- COR----------------------- OB ------- ----------------- SOR------------------------ SH-------------------------- OB----------- ------------- OB/SH - - - ------------------ OB/SH--------------------- SII-------------------------- SII-------------------------- SII-------------------------- OB------------------------- SH-------------------------- ER------------------------- RPC------------------------ SII-------------------------- S OR-------------?--------- OB site--------------------- O B/C R/SH----------------- OB------------------------- OB/Sh, ER site ------------- OB/COR/SA_______________ OB site--------------------- OB, complete development-- OB/C R--------------------- OB/ER/SH----------------- OB/SH--------------------- OB------------------------- OB/E R/SH------------- ---- SH/O13 -------------------- OB------------------------- OB------------------------- EB------------------------- OB------------------------- ------------------------------ ----------------------------- ------------------------------ ------------------------ ------ -------?---------------------- $116,867 95, 727 910,968 1,123, 377 152, 037 422, 307 111,628 592,273 404,151 916,427 162, 896 740,682 2,830,616 530,784 67,472 422,306 127,017 90,550 184,066 138,302 102,492 3,216,207 105,648 80,849 1.019, 322 56,315 2,123,301 265,064 1,187,028 496,953 73,000 148,503 104,517 73,684 54,779 5,166,601 18, 676, 210 9,779,456, 9,225,954 3,800, 579 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approyqgl For Relgg?9fG',99A(Q 2J CAI P,,7 -03721A000400020007-7 TABLE IV DEPARTMENT OF STATE-ANALYSIS OF LOCAL CURRENC P AND U.S. DOLLAR REQUIREMENTS OF THE PROPOSED FOREIGN BUILDINGS PROGRAM, 1961-65 Based on the re-uest for an increase of $100 million in the authorization for appropriations to the Foreign Service buildings fund, S. 1044, the estimated re- auirements of the foreign buildings program for new obligations during the period 1961--65 is $120 million, of which $60.1 million would bo financed from U.S. Treasury holdings of foreign exchange and $59.9 million mould be required in U.S. dollars, either to be spent as such or to he used to acquire needed foreign exchange not available from the U.S. Treasury: [In thousands of U.S. dollars] Unappropriated balance of prior authorization L-------------- Estimate of proceeds of sale of properties---------------------- New authorization requested---------------------------------- Total--------------------------------------------------- 10,095 9, 905 100,000 Foreign exchange 10,095 0 50,000 0 9,905 50, 000 I Based on 1960 budget request of $18, 000,000, of which $17, 372, 000 was apps opriated. Of these total requirements, $51.9 million is required for specific acquisition and construction projects listed in the program, and $68.1 million is required for other purposes, such as operation of buildings, furniture and furnishings, maintenance and repair, architectural and engineering services, acquisition of housing for Defense and Agriculture attaches, capital improvements, project supervision, and program administration: [In thousands of U.S. dollars] Specific projects------------------------------------------ Other requirements ------------------------------------------- Total 51,000 68,100 Foreign exchange 33,330 1 26, 765 18, 570 41,335 59,905 I These requirements cannot be distributed by country, but will be met on a worldwide basis by utiliz. ing to the greatest practical degree the foreign exchange available in U.S. Treasury accounts at the time the funds are disbursed. Local currencies equivalent to $33,330,000 are requirec. to finance specific projects in, 46 foreign countries, in 39 of which local currencies are used also to finance binational educational exchange foundations authorized by Public Law 584, as amended. An analysis of the requirements of the two programs country by country, however, reveals no serious competition for limited local currency resources. An increasing proportion of the local currencies used for the educational ex- change program is obtained under the provisions of section 104(h) of Public Law 480. These currencies are not available to the buildings program, nor are the local currency proceeds of sections 104 (e) and (g) loan repayments, which may be used for educational exchange. In this regard, the Secreta 'y of State exercises the authority to determine requirements for educational exchange programs granted him by section 104(h), as amended, to assure priority for the establish- ment or continuation of educational exchange programs. Requirements and availabilities by country or groups of countries as set forth on table IV-a are discussed below: France and the overseas territories Under the memorandum of understanding of May 28, 1946, regarding settlement for lend-lease, reciprocal aid, surplus war property, and claims the United States has the right to acquire (a) real property up to a total dollar value of $15 million and (b) francs equivalent to $10 million to acquire or improve real property for Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1991. 1&75-~F~PPJ&Eq?ZOOO4OOO2~g9O7-7 U .S. Government use or to carry out educational exchange programs. No property has been acquired under (a) above. Francs equivalent to $5,229,800 under (b) have been drawn or reserved for educational exchange in addition to francs equivalent to $5 million allocated from interest paid in francs. An addi- tional $3 million has been obtained under the provisions of section 104(h) of Public Law 480. Under (a) above buildings program requirements up to $15 million in France and the overseas territories can be financed from resources available exclusively for the buildings program. The 1961-65 requirements in this area total $4.6 million. United Kingdom and colonies The mutual aid settlement provided sterling equivalent to $50 million for the buildings program and educational exchange. Public Law 584 limits the latter to an aggregate of $20 million. After reserving the full amount authorized by Public Law 584 for educational exchange, a balance of $9 million remains for the buildings program. The 1961-65 requirements in this area total $3.9 million in addition to $5.7 million in unliquidated commitments of the 1960 and prior years' program. The excess of $0.6 million will be financed from sterling received as interest on deposits, or from other current collections in sterlir g. Other countries in which surplus property credits will finance continuation of the educational exchange program In Australia the funds available for educational exchange and the funds available for the buildings program are held and invested in separate trust accounts by the Australian Government. In Burma, funds. have been reserved for a 15-year educational exchange program from surplus property funds. In addition, $400,000 of Public Law 480 currencies are to be used to supplement the existing program. An additional $786,000 remains in the surplus property indebtedness against $298,000 required by the buildings program. The Treasury held Burmese currency equivalent to $366,000 on June 30, 1958, available for sale for appropriated dollars, and estimated an excess of $3.5 million in kyat receipts and holdings against 1959 cash requirements. Under the Public Law 480 agreements of February 8, 1956, and May 27, 1958, .additional kyat equivalent to almost $4.5 million will be available for transfer to Treasury sales account after July 1, 1958, under section 104(f). In Belgium and New Zealand the entire balance of local currencies available under the settlement agreements is reserved for educational exchange, and in the Netherlands the amount still owed is adequate to continue the program at the present level for many years. Belgium and the Netherlands are not represented -among the specific projects of the 1961-65 buildings program, and the $50,000 required for the buildings program in New Zealand will be financed from consular fees or other collections in local currency. Of the $84.6 million owed by Germany for surplus property, $5 million is re- served to finance the remaining 5 years of the 10-year Public Law 584 agreement. Buildings program requirements. total $1.3 million. While the, bilateral Public Law 584 agreements with Greece'. and Italy are for less than the maximum authorized, 5-year extensions are being negotiated with each, and fundsi-to finance the extensions have beery reserved.' In Italy, an ad- ditional $300,000 in Public Law 480 currencies will be used. In the case of Greece, the remaining balance owed on June 30, 1958, was $37 million against a buildings program requirement of $1.2 million. In Italy, the availabilities -exceed the $20 million maximum for educational exchange by over $73 million, against buildings program requirements of approximately $1 million. Funds have been reserved to finance in full the existing 12-year Public Law 584 agreement with Norway. This country is not represented in the specific, projects listed in the 1961-65 building program, and the $1,180,000 required for the 1960 and prior years' program is to be financed from the lend-lease settlement in ac- cordance with a supplementary bilateral agreement with the Norwegian Government. In China, both the educational exchange program and the surplus property settlement are inactive, but if circumstances change, the program can he financed in4he.maximum amount authorized by law. Approved For Release 1999/08/27 : CIA-RDP78-03721AO00400020007-7 Applg,yed For R pA9 J Q88g,7kQ1JA 78-03721 A000400020007-7 Countries in which currencies generated by Public Law 480 will finance the educa- tional exchange program In 29 other countries the Department finances or currentl:r plans to finance- educational exchange from the proceeds of disposal of surplus agricultural prod- ucts pursuant to section 104(h) of Public Law 490, as "amended: Current- Public Law 584 bilateral agreements in these 29 countries will require: only $3.6 million more in currencies required to be purchased from the Treasury with appropriated dollars, all other requirements to be met with currencies obtained pursuant to the Secretary's determination under section 104(h). Based on Public Law 480 agree- ments signed through June 30, 1958, in these 29 countries loran funds available under sections 104 (e) and (g) total $1.36 billion, or about 77 percent of the total $1.55 billion throughout the world. Five of these 29 countries are not represented in the specific projects set forth in the 1961-65 requirements of the buildings program, and in the remaining 24 these requirements total about $18.3 million. An additional $13.8 million is required for programs previously authorized. To cover both these requirements, there were currencies equivalent to $70 million held in cash by the U.S. Treasury in 20 countries, representing 85 percent of the total holdings o' foreign exchange available for purchase with appropriated dollars. In addition, there is a potential $275 million more which may become available for purchase through Treasury amounts pursuant to section 104(f) of Public Law 480. These 29 countries, 'together with France and the overseas territories, United Kingdom and colonies,. Australia, Burma, Belgium, -Germar:y, Greece, Italy, Netherlands, New Zealand, and Norway, discussed in preceding sections, cover $28.8 million, or 86 percent of the $33.3 million set forth for specific projects in the 1961-65 buildings program; and $25.5 million, or 79 percent of the total prior years' requirements; a total of $54 million, or 83 percent of th-, total identifiable foreign exclia;nge=requirements of the buildings program through 1965. All other countries The 10-year educational exchange agreement with Denmattk is funded fully with reserved ICA counterpart currencies. There is no Publ c Law 480 agree- ment. - The $103,000 required for the buildings program will be financed from miscellaneous current collections in kroner. A 20-year educational exchange program with Ireland is being financed from ICA program country counterpart funds. It is hoped that buildings program requirements of $260,000 can be met by conversion of anothe:? available foreign currency. Of the $4.2 million required for new projects in the countries; with which there is no educational exchange program under Public Law 584, 112.7 million is for projects in Poland. It is expected that the $1.6 million in local currencies required in the remaining five countries can be derived from conversion of other available, foreign currencies or by use of current miscellaneous receipts ir. local currency. Further analysis of requirements for specific projects (table IV-b-1) The $51.9 million required for specific projects of the 1961-65 buildings program. may be analyzed further as follows: - - [In thousands of U.B. doljarjl, Total F )reign ex change U.B. dollars 1. 33 countries having adequate availabilities derived from Public Law 480, surplus property, or lend-lease agree- ments---------------------- --------------- 28,825 27,325 1,500 II. 13 countries in which a substantial portion of require- ments may be met by local currency receipts or conver- version of other available currencies -------------------- 6,330 6,005 325 III. 28 countries in which there are no adequate local currency availabilities--------------------- ---------------------- 16,745 0 16,745? Total---=-------------------------------------------- 51,900 33,330 18,57(1 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 1. Countries presenting no exchange problems (table IV-b-2) Among these 33 countries are 31 with which the United States has entered into .agreements for the disposal of surplus agricultural commodities pursuant to Public Law 480, as amended. These 33 countries also include 19 of the 28 coun- tries having residual local currency availabilities under surplus property and lend- .lease indebtedness agreements. The 33 countries represent- (a) 96 percent of the potential additional foreign exchange availabilities programed under section 104(f) of Public Law 480 but not yet transferred to 'Treasury sales accounts; (b) 93 percent of the amounts programed for loans under section 104 (e) :and (g) of Public Law 480: (c) 78 percent of the local currency options remaining on June 30, 1958, under lend-lease and surplus property. credits agreements; (d) 99.8 percent of the estimates of the U.S. Treasury of excess receipts of foreign exchange in 1959; `and (e) 56 percent of the colt of apecific projects included imthe proposed 1961- 65 buildings program. II, Other countries in which a substantial portion of requirements may be met from local currency holdings (table I V-b-3) In these 13 countries are 12 percent of the cost of specific projects included in the proposed 1961-65 buildings program. Together with the 33 countries in groupp I these 46 countries account for 68 percent of the costs of specific projects, of which about 95 percent would be financed from U.S. Treasury holdings of local currencies. The currency- requirements, of group II would be derived from currency receipts, by conversion of available currencies, and by purchase of materials in ,countries where Treasury holdings are adequate. .III. Countries in which there are no adequate local currency availabilities (table IV-b-3) Nearly one-third of the cost of the specific projects included in the proposed '1961-65 buildings program on the basis of need and priority is related to projects In countries in which the U.S. Treasury has no holdings of local currency and such currency is being acquired only by purchase with U.S. dollars. This highlights the fact that while large sums of certain foreign currencies are being generated by certain aid or surplus-disposal programs, this condition is not general or worldwide ,and, in fact is somewhat concentrated in a limited number of countries and cur- rencies. Maximum exploitation of these surplus currencies alone will not finance a worldwide program based on need and priority. Local currency usage must be supplemented with substantial U.S. dollar.resources to finance needed facilities in ?countries in which there are no local currency holdings. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 146 TABLE IV--a.-Analysis of local currency requirements of the proposed foreign buildings program for 1961-66 with particular attention to countries having educational exchange agreements authorized by Public Law 684, as amended [In thousands of equivalent U.B. dollars] Buildings program Surplus Potential cash foreign cur- property Treasui y additional Treasury rency requirements and lend- cash avail- estimate ,lease holdip ?s , abilities of excess in(rebt- avaTai le from holdings 1960 and edness for Public in fiscal 1961-65 prior balances purcb+se, Law 480 see. 104(j) year 1959' 1. France and the overseas territories: France__________________________ $575 $132 $23,989 $3,800 ---------- Algeria-------------------------- 750 ---------- ---------- ------ ---- ---------- '---------- Cameroon---------------------- 655 60 --------- ------ --- ---------- ---------- French Equatorial Africa-------- 655 ---------- ---------- ---------- ---------- ---------- French West Africa------------- 735 200 ---------- ---------- _-____---- ;-?_------ Ivory Coast --------------------- 605 ---------- ---------- ---------- --- - ---------- Madagascar--------------------- 665 ---------- ---------- -----?---- ---------- ---------- Total -------------------------- 4,630 383 23,989 ---------- 3,800 -___-____- II. United Kingdom, colonies, and pro- tectorates: United Kingdom________________ 75 4,290 19,819 $1,926 ---------- __-______- Bahass* - -------------------- 150 50 ---------- ---------- ---------- --- Bermuda------------------------ 50 ---------- --- ------ ---- ----- ---------- ---------- Cyprus-------------------------- 100 - ---- ----- 400 104 ---------- ---------- -_ Nigeria------------------------ - 86 221 ---------- ---------- ---------- saland-___-__- Rhodesiand Nya 725 81 Sierra Leone--------------------- 705 - ------ - Tanganyi1 a--------------------- 400 Uganda------------------------- 47 ---------- ---------- ---------- Other--------------------------- ------- 929 ---------- ---------- ---------- Total-------------------------- 3,945 5,676 10,818 ---------- ---__--- III. Other countries In which surplus property c redits will finance con- tinuation of the educational ex- change program: Australia----------------------- 660 379 3,715 125 ___-___--- ---------- Burma -------------------------- 290 8 1,586 366 4,462 $3,452: Belgium------------------------- --------- 28 1,661 Q) ------ --- ---------- Germany------------------------ 225 1,094 84,593 6,651 120 _ f3reece-------------------------- 50 1,159 37,267 2,627 1,940 Italy--------------------------- 625 445 85,228 3 6,199 .......... Netherlands_____________________ __________ 1,241 39,923 106 2 _ Zealand-------------------- 5o 46 1,190 ' - . Norway-------------- ----------- ---------- 1,180 593 i 242 --------- . ---------- Total -------------------------- 1,900 5,680 257,645 10,120 12,723 3,452 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 mmwwm~ Approved For ReIg Gj9 27cT qi i R riff?-03721Agq~400020007-7 TABLE IV-a -Analysis of local currency requirements of the proposed foreign buildings program for 1961-65 with particular attention to countries having educational exchange agreements authorized by Publi Law 581, as amended-Con. [In thousands of equivalent U.S. dollars] Buildings program Surplus Potential cash foreign cur- property Treasury additional Treasury rency requirements and lend- cash avail- estimate legso holdings abilities fe .; indebt- . available from o xc9ss. holdings. 1960 and ' edness for Public in fiscal 1961-65 prior balances purchase Law 480 1 4 6 year 1959 sec. ( 0 V. Countries in which currencies gen- crated by Public Law 480 will finance the educational exchange program: Argentina----------------------- $600 $13 - - ----?-- -- $140 $641 Austria-------------------------- 50 1,270 $1,478 $11 33 - Brazil --------------------------- Ceylon-------------------------- 100 470 911 (1) ---= -------- 16,228 1 2 ------ ---- 1,484 Chile---------------------------- Colombia 700 251 - - ---- - - -- 837 , 00 1,1192 129 ----------------------- Ecuador___________________ 125 35 1 621 41 , 2, 91 1, 640 . ______ Finland------------------------- 1,050 54 ---- -- 783 --- 1 - ---- 374 417 278 - Iceland-------------------------- India--------------------------- --------- 1090 1,398 193 4,209 185 .,069 6 597 58 817 _________ ______-. 22 153 Indbntsia--------------------- Iran --------- 688 49,408, 763 , 12,135 , 179 ----------------------------- Israel---------------------------- 1,080 430 248 77 25,704 ---- 6,496 14 01 --- S 848 Japan-------------------------- Korea--------------------------- 450 480 506 985 306 22,940 - 28 940 2 , Mexico-------------------------- Pakistan 3,500 91 _______ 711 4 409 , __ 2 116 ________________________ Paraguay---------- -------- 820 984 306 8,618 24, 766 , 16 325 - ----- Peru---------------------------- Philippines---------------------- ---------- ---------- 275 1,144 2,757 1 ,200. 23 283 2,213 1 464 Portugal------------------------ 350 , Spain--------------------------- Taiwan------------------------- 700 870 1 45,009 25,717 11 47,798 2 8 38 2 Thailand________________________ 930 3 , Turkey-------------------------- United Arab Republic__________ 1.630 1 470 373 204 ib 8 408 298 16 960 4 Uruguay ------------ , 1 50 ---------- Vietnam------------------------ 1, 000 98 18 870 Yugoslavia---------------------- 75 814 261 11,429 62,607 ---- 5i.---- 851 Total __________________________ 18,280 13,833 162,640 70,379 274,823 136,510 V. Subtotal, groups I through IV. VI. Other countries: 28, 755 25, 472 464, 092 82, 425 291, 346 139, 962 Canada 650 368 Denmark 100 3 onduras 80 75 roland ._ 250 10 uwait 430 Nepal 140 man----------------------- O 300- PofandAll other 262b 87 24463 3 136973 6062 ________________________ __________ 6,226 16.900 598 925 II. Total__________________________ 33,330 32,232 506,475 83,026 429,244 146,024 1 Less than $500. NOTE-Amounts are rounded to the nearest thousand and will not necessarily add to totals similarly rounded. A pproved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 V Approved Ford telease 1 999/08/2 : CIA-RDP78 03N721A000400020007-7 REIGN SERVICE ACT V ~~ p~ -i NM ~'C O3:' fMR ORO : a^ ? A ? ~ ~ tN+ T OM ~ old m r_1 it ~oa W .A VIP m - rra~ ci aid ~n ~ro a g ~+ Pi ? w CA m Q Ly F i~D~~9O JON ryl~ m iC]N N.y cO tlb ~ b o a U M ? In, E v ~.c vu '~ V W G~ p A ~'Cl m ~Ww@S(~ p,Kn ,~awcbi ;~~ 1 ~m J , ~Mq~ a~ a go ? '~~ad (f~~ F7 02 '0 ;; "Nd?._ ~M3Hm~a?~00-'Pm.G ~~ 1 O ~ ? ^ m 5 C4A ztf, T O p^ws .~~e~ 0 oHq. ctiv 3~ . WCWUPQ ~ O p. U U o m U Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releaa&499 W~27AcCA* DRM,%03721A000 00020007-7 9 4R qro Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved F oRelease 38 8 vF 1 7 ,A4)mV;1A000400020007-7 6 A O icp .,M~J NOU'i .?,Nel' 4 y , -71 L! 7 /y F0. ' O "M y~ 0 oo >Spppn$ eN SSOd~~[]~['JOS O i~Tj~~]1-~DON~Dmo>Om ~ '''"' O ~~ pm ~ a~ ~ pbFD~ d 444uu4 JJJiii ~c COOn o .m"a ~uco".; acg'~~cv `D ~N n~oNC?~ a?.:a a a; ~ p O MWN + n ~ ~ OD on NO m om:: ' o ~' ; " ~ .~ rc. .~,-i ci co rid-m .?i civ~ a~aU iY! NNd' irping. i i i ~ ~ ~CO Fy a I r C .w ~ci :CT ~ E a? cccc~0vp??]]~~] eeepeeepMMMMMM NN epeppp 4 .~' J b ob ~ p O q ]b ~ ~ ~ ooc~ ~ oooooooSooooo en R o c _ P w a~ 000ooooogoooo-000000000 c~ V2 c~ O aim. ~a P ^C~~ b 4 Opp00 N~]O' hu'vb0O 4900o O ~]OO.~S Mn SnN~~++]J p~popMN~OMOuJ ~~ NW[~.-i V~Ou]N OOW~O d'V~~~4~]]]J ~--i .-i ti .?~ M' 'y h O ag P ~ y P ^ c' o ob o,a c ' 84, aa.:JA .~ o o 4'? G .~ A o 127 . P i i m Po m i OP, 3 att m b~'n a P o 0 ou. -4 m c.,-~ ^ca aAOI'~d?I yoga mO~Cd WL'4C)C>pWWWCJ C'J1 ''H IN v Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Rely 1 9 (J2) Ci R 78-03721AQQ 400020007-7 T~MOI^000400020007-7 The Department supports legislation that will provide for the ad- justment of the annuities of retired Foreign Service personnel to bring them in line with cost-of-living changes. The successive pay in- creases which have been granted Foreign Service personnel since World War II have constituted clear recognition of the impact of a steady rise in living costs. It seems only just that Foreign Service annuitants, and indeed all retired Government employees, who are suffering from declining real value of the dollar, should receive adjustments in annuities to maintain purchasing power in periods when prices rise and the value of the dollar falls. S. 1502 goes beyond the adjustment of annuities to reflect cost-of- living changes, and provides for automotic recomputation of annuities with each general salary increase granted Foreign Service officers in the ,future. This proposal raises technical and far-reaching problems concerning annuities of retii ed Federal employees. LETTER FROM' BUREAU OF THE BUDGET The Department has consulted the Bureau of the Budget on this matter, and has been advised that the position of the executive branch with respect to increases in annuities under Fedeial employee retire- ment systems is set forth in considerable detail in a letter from the Director of the Bureau of the Budget to the chairman of the House Post.Office and Civil Service Committee, dated May 27, 1958. 1 would like, therefore, to submit a copy of this letter for the record. (The letter referred to follows:) EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., May 27, 1958. Hon. TOM MURRAY, Chairman,, Committee on Post Office and Civil Service, House of Representatives, Hashington, D.C. My DEAR MR. CHAIRMAN: Thank you for sending me the copy of the Civil Service Commission report on civil service annuitants made pursuant to request of your committee. It arrived just before the House action on ILR. 607, the annuity increase bill. The provisions of this bill have now been enacted as the House version of S. 72, the annuity increase bill. As this bill is now going to conference, I think the administration's position on the specific provisions of this legislation should be stated, particularly in view of the congressional interest in the annuity increase issue and the variety of opinions expressed during the consideration of the House and Senate versions of the bill. 1. Financing.-Both versions of S. 72 would charge the fund for the cost of the increases until July 1, 1960, without reimbursement,.but thereafter would condi- tion payment of the annuity increases in-any year upon specific annual appropria- tion of the cost for that year. Thus, the unfunded liability of the system would be increased only by the annuity payments for the first 2 years, and not by the full, ultimate cost of the increases, and the financing would be on a year-by-year basis, without advance funding. This financing feature is not objectionable. The House version (see. 7) makes the fund available for administrative expense in the first 6 months, apparently to meet the cost of administering a "gainful employment" feature. Since the latter feature is unacceptable (see below), the special administrative expense provision is unnecessary. 2. Annuity increase: amount.-If any adjustment in annuities after initial de- termination is justified,, the only basis for adjustment would be to maintain purchasing power in periods when prices rise and the value of the dollar falls. All annuities are affected in such periods; and any annuity adjustment to counter such declines in purchasing power should be uniformly applied. The objective of annuity adjustment should not be to improve the relative purchasing power of a particular class of annuitants, whether selected on the basis of the amount of annuity or by the lack of income from such other sources as gainful employ- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE AC'I AMENDMENTS merit. If any adjustment is now justified, it should be stated as a percentage increase to be applied uniformly to all annuities. The size of this uniform: per- centage should be related to the change in cost of living since the last adjust- ment, effective in October 1955. The Bureau of Labor Statistics Consumer Price Index increased about 7.5 percent from October 1955 to April 1958. Both versions of the bill provide increases considerably greater than necessary to offset decreased purchasing power. 3. Annuity increase: formula.-The House version provides a flat percentage increase in annuities which each retiree was receiving or entitled to receive on October 1, 1956. This method is preferable to the regressive 20-10 percentage increases, subject to dollar limitation, provided by the Senate version. How- ever, the House version retains the existing $4,104 ceiling placed on increased -annuities by the 1955 Annuity Increase Act, while the Senate repeals this limita- tion. Thus both versions, each in a different way, would alter the relationship of the annuity to the salary and service on which it is based. The Committee on Retirement Policy, established by Public Law 555, 82d Congress, specifically recommended against changing the relationsi ip of annuity to salary and service when making annuity increases, and the administration emphatically endorses that principle. Both versions properly exclude voluntary "additional" annuities from the increases. 4. Annuity increases, gainful employment, etc.-The House version prohibits payment of an annuity increase to an annuitant who has more than $1,200 annual income from gainful employment and applies the existing $4,104 ceiling on annu- _itios increased in the 1955 Annuity Increase Act. These features, like the "regres- sive" percentage and the "ceiling" provisions, of the Senate version, stem from an erroneous presumption, according to the-Tccord, that annuity inereasc'ghould be computed on the basis of the financial need of the annuitant. Taken together such provisions attempt a general presumpticn as to how much need exists, and modify the earned annuity accordingly. L' any adjustment is justified, all annuities, high or low, should receive the sr.me ratio of adjustment. The civil service retirement system is a part of the total compensation system for Federal officers and employees. It provices an annuity equal to better than half pay after the close of a full Federal career of 30 to 35 years. Larger annuities are earned by those with longer service and l,sser annuities are earned by those with shorter service. The graduated annuity formula of the Civil Service Retire- ment"Act gives greater weight to service after 10 years than to service of less than 10 years. About 27 percent of annuitants have less than 15 years' service and therefore have carried annuities of less than half the amount the 30-year employee at the same salary rate has earned. The short-term employee works part, in many cases a very large part, of his life outside the Federal service. And, in addition to his civil service annuity, he earns whatever pension or other income may be provided in that non-Federal employment. There not only is no Govern- ment obligation to grant special increments fo - short-term Civil Service annuities on the basis of a presumption of "need," bi: t doing so converts this incentive compensation system to a nonincentive welfar, system. The methods used. for providing annuity ncreases in the past have in fact materially changed the career incentive pattern of annuities established by the Retirement Act itself. These increases have given special advantage to certain annuities, generally those annuities resulting from service of considerably less than a full career. Since immediate restoration of the original career incentive pattern would adversely affect the smaller a irnuities, we believe this would in some cases be inhumane. However, we believe no further use should be made of these past annuity increase methods, which are to a substantial degree incor- porated in both versions of S. 72. It is the administration's firm position that, if annuities are to be increased at this time, the increase should be a uniform percentage increase, that there should be no discrimination whatever based on size of c.nnuity, length of service, or salary level, and that no account should be taken of my other income of the annuitant. 5. Survivors' annuities.-Both versions provide prospective increases in sur- vivors' annuities. The House version imposes a $200 ceiling on each survivor annuity, and the Senate version places a $1,::00 ceiling on surviving children's annuities. These ceilings run contrary to the principle of uniform treatment. 6. Retroactive annuities.-Both versions of the bill grant annuities to survivors where death occurred prior to enactment of the 1948 Retirement Act amendments which provided survivor benefits effective in that year for the first time. Widows and widowers of employees and retirees who died on or after February 29, 1948, Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For ReJgRgN192,W9?137T:Aga-r i~TT8-03721 AlOR0400020007-7 now receive survivor annuities. The House version permits an employee who retired prior to July 31, 1956, with enough leave to carry to that date to elect either the annuity increase provided by the bill, or to recompute his annuity under the 1956 amendment formula. The administration has opposed. both of these retroactive provisions. Sincerely yours, MAURICE H. STANs, Director. Senator GREEN. Do you want to point out as you go along the appropriate phrases in the letter to which you make reference? Mr. HENDERSON. I shall. It will be observed from an examination of the last paragraph of this letter that the executive branch of the Government does not support legislation which provides for the retroactive recomputation of annui- ties.of retired governmental personnel. The Department, therefore, in view of the position taken by the executive branch, is unable to. support the retroactive features of the Sparkman bill. I would like to emphasize the fact, however, that we in the Depart- ment who are concerned with such matters are troubled at the situa- tion in which many of our retired Foreign Service personnel and their dependents find themselves at this time. Many of them devoted practically the whole of their active life to the service of the U .S. Government. They spent many years abroad, often in situations involving hardship and the undermining of health. When they entered the Foreign Service they were aware that they would not while in it be able to effect any savings to tide them over in their old age. Some of them exhausted such private means as they 'had in the service of the Government. They were depending upon their retirement annuities to take care of them. During recent years, however, through no fault of theirs, the pur- chasing power of the dollar has steadily declined. As a result, annuities, which a few years ago might have been sufficient to enable these people to live decently and to have appropriate medical atten- tion, no longer are big enough to take care of them. Many of our retired personnel, therefore, who a few years ago were representing the United States in various parts of the world are now living in conditions which are not to the credit of the Government of the United States. It is true that last year the Congress passed legislation which would increase annuities of retired personnel on a 10-percent basis up to $500. Such an increase, however, by no means solves the problem of these people to whom-the United States is deeply indebted. I am convinced that during the last two decades the conscience of the U.S. Govern- ment has become more and more active with respect to the lot of re- tired Government personnel and that eventually steps will be taken to look after their interests to a no less degree than we look after the interests of personnel in active service. The committee will note that although the executive branch of the Government is unable to support retroactive formulas for the recompu- tation of annuities of those who have already retired, it has not taken a position against increases in retirement annuities based on cost-of- living considerations. The letter, addressed by the Director of the Bureau of the Budget on May 27, 1958, the letter which I have just Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For1lease 19,/,(,2ERl## RPZ7QA74000400020007-7 placed in the record, to the chairman on Post Office and Civil Service, contains the following paragraph: It is the administration's firm position that, if annuities are to be increased at this time, the increase should be a uniform percentage increase, that there should be no discrimination whatever based on size of annuity, length of service, or salary level, and that no account should be taken of any other income of the annuitant. WIDOWS OF FOREIGN SERVICE PERSONNEL I would like to take advantage of this opportunity to dwell particu- larly upon the situation of the widows of Foreign Service personnel. They are in a unique position. The wife of a member of the Foreign Service has many duties and responsibilities placed upon her. She as'a partner to her busband also undergc es strains and hardships in representing the United States abroad. The Government owes a debt to her as well as her husband. Nev3rtheless, in spite of certain remedial actions which have been taken by the Congress, the widows of many of our Foreign Service personnel find themselves still in straitened circumstances. That is my testimony, Mr. Chairman. Senator GREEN. Have you anything more to add? FOREIGN SERVICE BEHIND CIVIL SERVICE IN RECOMPUTATION OF ANNUITIES Mr. HENDERSON. I may add this: We have been checking the increase in the annuities, the increases granted by the Congress during recent years in the annuities of retired Foreign Service personnel as compared with the increases granted to the annuities of retired civil service personnel, and we. have come to the conclusion, and I think I represent the executive branch of the Government when I say this, that the Foreign Service personnel are still about 10 percent behind the civil service personnel in the rectification of annuities. Senator GREEN. Has the Department taken any action as to S. 1502? Mr. HENDERSON. The only action the Department has, taken is the statement which I have just given you, a statement which is based upon the conclusions of the Bureau of the Budget which represents the executive branch of the Government. The conclusions of the Bureau of the Budget are that the executive branch of the Government cannot support the clause in this bill which calls for retroactive recomputation of annuities. EXECUTIVE BRANCH WOULD NOT OPPOSE ACROSS-THE-BOARD PERCENT- AGE INCREASE However, the executive branch of the Government would not, as I understand it, oppose an across-the-boarl increase on a percentage basis of the annuities of retired personnel. Senator GREEN. Are you authorized to speak for the executive branch to that extent? Mr. HENDERSON. I think I can, and I would like to ask Mr. South- worth and Mr. Woodyear who are here. I believe that your, informal understanding is that the executive branch of the Government would not oppo,ae, say a 10-percent increase Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Rele 911p%9i&R7AdTClAr7 03721A0D 00020007-7 in Foreign Service annuities at this time; do you think I am correct in that? Mr. WooDYEAR. That is correct. Mr. HENDERSON. We have no written statement to that effect, but I consider I can state that with assurance. Senator MANSFIELD. Would these gentlemen both give their names and positions for the record? Mr. SOUTHWQRTII. I am Winthrop Southworth, Chief of the Per- sonnel Projects Staff. Mr. WOODYEAR. I am Mr. William Woodyear, Deputy Chief. Senator GREEN. Is the opinion being expressed the official position of the Department, or is it the opinion of individuals? Mr. HENDERSON. I am expressing the opinion of the Department when I say this. Senator GREEN. You do not mean to say, however, that the Depart- ment would go to the extent of saying it approves this bill, S. 1502. Mr. HENDERSON. No, sir. The Department cannot approve S. 1502 because the bill has in it a provision which, if accepted, would. mean ti d h f re e re t a recomputation on a retroactive basis of the annuities o Foreign Service officers. The Department has no authority to approve that. The executive branch of the Government is not in favor of recomputation of the annuities retroactively. However, the executive branch of the Government would not object to, and the State Department would look with favor upon, an increase across the board of the annuities of retired Foreign Service personnel. up to 10 percent. Senator. GREEN. The State Department would approve. that? Mr. HENDERSON. That is not a provision. of this bill. One section of this bill would provide for an adjustment of annuities to reflect. cost of living changes. The Department is not opposing that up to the extent. of 10 percent across the board. STATE DEPARTMENT. POSITION ON VARIOUS PROVISIONS OF BILL Senator GREEN. I understand you to say that the Department approves this bill in certain respects but not in others-would you distinguish between the parts it favors, and those it opposes? Mr. HENDERSON. It would approve in principle the section of this. bill which would provide for the adjustment of annuities to reflect cost of living changes. It approves that. It does not approve the section, it cannot support the section of this, bill which provides for recomputation of annuities. Senator SPARKMAN. That is section 3; is it not? Mr. HENDERSON.. It is section 3. Senator GREEN. Does it approve the other sections? Mr. HENDERSON.. It approves them in principle, that is, it would approve an adjustment of the annuities to reflect cost of living up to 10 percent across the board. The Department cannot approve, as a whole, any section of this bill because in, (e) it provides: The annuities paid by the foreign service retirement and disability fund shall. automatically be increased when salaries are increased, so that each survivor annuitant will receive the same annuity as will be received by survivors of officers. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved Fgf4Release 1rq?JW/&R-I&J~c~r DAP78 03721A000400020007-7 and annuitants of the same class, grade andyear,.of service when said officers retire under the increased scale of salaries. It cannot approve, at this time, an automatic increase in annuities when there is an increase in salaries of the officers in active service. It would approve language which would provide that, in general, the salaries of retired Foreign Service pen onnel shall from time to time be adjusted to meet increased costs of living. It would also approve of a bill which w 3uld provide that at this time there shall be an increase of no more than 10 percent across the board of the salaries of annuitants of the Foreign Service. Senator GREEN. Under what circumstances? Mr. HENDERSON. Any circumstances; all of them. Senator GREEN. Would any existing annuity be increased? Mr. HENDERSON. Any existing annuity. Senator GREEN. And any department of Government? Mr. HENDERSON. No; we are speaking only of the Foreign Service; we are limiting ourselves to the Foreigr. Service. I distinguish between the Foreign Service and the civil sei vice at this time, because such studies as we have made would indicate that already adjustments have been made during recent years in civil service annuities, so that the.-civil service annuitants have a 10-pere r t advantage, so far as increases are concerned, over the Foreign Se'vice annuitants. Senator GREEN. Senator Mansfield, do you have any questions? Senator MANSFIELD. No questions, Mr. C iairman. Senator GREEN. Senator Sparkman, have you any questions? Senator SPARKMAN. I want to ask some questions of Mr. Henderson. As the sponsor of this bill, I also ask for the privilege of making a short statement at some time during the hearing, but right now I would like to ask Mr. Henderson some questions. Of course, Mr. Henderson, you realize thi3 bill was introduced for the purpose of provoking study, thought, and discussion, and for my part, I certainly welcome the various suggestions that you have made regarding the bill. I earnestly hope that, as a result of these hearings, we may be able to work out an acceptable bi 1. AUTOMATIC INCREASE IN ANNUITIES CORRESPONDING TO SALARY INCREASE OF PRESENT OFFICERS (SEC. 1(e)) There is one thing that I do not quite undf;rstand, and that is your objection-when I say "your" I do not mer.n yours personally, but the official position-to subsection (e) of sect ion 1. That is the sec- tion that you read just a few minutes ago, is it not? Mr. HENDERSON. Yes, Sir. Senator SPARKMAN. As I understand it, the Department would be willing to see a 10-percent increase given to annuitants across the board at this time, and willing also to establish the principle that from time to time, in order to meet rising costs of living, there would follow adjustments. Mr. HENDERSON. Yes, sir. Senator SPARKMAN. I was under the impression that it has been customary in civil service when pay increasers are made to provide more or less automatically for increases in pa;iments to retirees; isn't that right? Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releaspo p~/ ~&: ~4 721A000 0020007-7 Mr. HENDERSON. I do not believe it has been done automatically; I believe it has been accomplished by accompanying legislation. Senator SPARKMAN. Well, you may be right on that point. I was under the impression that perhaps a part of the same legislation had broader application. Back in the early days of World 'War II, I was .a member of the Military Affairs Committee of the House of Repre- sentatives, and chairman of the Subcommittee on Pay and Allow- ances. My recollection is that we always had a saving clause when ,jay rates were increased to take care of those who had been retired .in a proportionate manner. Of course, I can understand that perhaps you would want the increase made under a specific formula rather than have it made ..automatic across the board in the legislation itself. PROSPECTIVE COST OF IMPLEMENTING S. 1502 But, Mr. Henderson, let me ask you this: If S. 1502 were enacted, how much would it cost? Mr. HENDERSON. It would, according to figures which have been .given to tts by Government actuaries, cost the Government, during the first year, about $870,000. An appropriation for that amount wttild not necessarily be required, but the Government would have its liabilities increased to the extent of about $870,000 for the first .year. The costs would probably go tip somewhat on a graduated scale. We do not know just how far they would go. It would .depend, to an-extent, on the size of the Service. But they may eventually amount to a couple of million or even more dollars. Senator SPARKMAN. A year? Mr. HENDERSON. A year; yes, sir. But I think we have to bear in mind that even if this bill did not pass, there would still be certain increases from time to time, necessarily, in the annuities. We should not therefore, say that this bill, by itself, would cost the Government $2 million or more a year later. In any event, other bills are likely to be passed, which would cost the Government-that would cost about $300,000. Senator SPARKMAN. As a matter of fact, if we should adopt the method that you say the executive department is going to approve, ...that is, the 10-percent across the board, that would cost the'Govern- ment something, too. Mr. HENDERSON. It would cost about $300,000. Senator SPARKMAN. $300,000, as opposed to $800,000 under S. 11502. Mr. HENDERSON. Yes, sir. SITUATION OF PRESENT ANNUITANTS Senator SPARKMAN. How many retired Foreign Service officers are there? Mr. HENDERSON. There are 580. Senator SPARKMAN. Does that include widows and dependents? Mr. WOODYEAR. There are no dependents other than widows drawing under our system, sir. Senator SPARKMAN. With widows, then, there are 580? Mr. WOODYEAR. Yes, sir. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved1l~pr Releasgo0qA/QQj,7cj cA4k 721 A000400020007-7 Mr. HENDERSON. Yes, Sir. Senator SPARKMAN. Some of these annuitants were helped in a bill. we passed some time ago; isn't that true? Mr. HENDERSON. Last year Congress passec, a bill providing for a. 10-percent increase. Senator SPARKMAN. Well, we worked on it for 2 or 3 years, and got it through last year. Mr. HENDERSON. Ten percent increase wit a a limit of $500 for each annuitant. Senator SPARKMAN. Yes. It is a known fact, is it not, that many of these annuitants, particularly the widows, who have no separate, source of income have been in rather desperate straits? Mr. HENDERSON. Yes, sir. As I said in my statement a few moments ago, I do not think that the situation of some of the re- tired Foreign Service people, particularly the widows, reflects very favorably upon the United States. Senator SPARKMAN. I certainly think you are right, and in my view we have been entirely too long in correcting that situation. I think: it imperative that we get legislation that will correct that situation which I think reflects unfavorably upon this gi eat country of ours. Mr. HENDERSON. May I say, if the chairmin would allow me, I think that eventually a bill containing many of the provisions which this bill contains will be passed by the Congress. I think eventually- it will be, but LEGISLATIVE-EXECUTIVE COOPERATION IN WORKING OUT LEGISLATION Senator SPARKMAN. May I ask you this, Mr. Henderson: May we- be assured of the help and cooperation of the State Department ini working out a satisfactory measure? Mr. HENDERSON. Senator, we will go as far as we can within the, framework of restrictions laid down on us by the executive branch of Government. Senator SPARKMAN. Of course, I recognize that, and we respect the- limitations laid down by the executive branch of the Government. Mr. HENDERSON. Yes, Sir. Senator SPARKMAN. But that is only one part of the process of en- acting legislation. Certainly it is incumbent on the Congress to use its best thought as to what constitutes good legislation, even though. that may not agree exactly with, what may cone from the executive. .department. But we would like to work out something and, of course, we would like to do our best in working out something that would be acceptable all the way around. Senator GREEN. Is there anything you care to add? Mr. HENDERSON. I have nothing, Mr. Chairman. Senator GREEN. Thank you very much for your appearance here- today. Mr. HENDERSON. Mr. Chairman, I shall be lore if any other ques- tions come up, and I shall be here until the hearings are over. Senator GREEN. Do not hesitate to comment at any time. Mr. HENDERSON. Thank you. Senator GREEN. And please feel free to correct any statement you! hear which is inaccurate. I do not, of course, mean to say that you: should correct any statement with which you d) notagree.- Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 FOREIGN SERVICE ACT AMENDMENTS 177 OTHER RETIREMENT SYSTEMS IN FEDERAL GOVERNMENT Senator SPARKMAN. Mr. Chairman, most of my questions have been answered, but there are a few that have not been. Here is one, for instance, that bears somewhat upon my question awhile ago about civil service employment. Is it true that the Federal police and fire- men, in their retirement annuities, are recomputed whenever there is any change in current pay or retirement benefits? Mr. HENDERSON. I believe that is true. Senator SPARKMAN. Are there any other Federal services in which that is true? Mr. HENDERSON. The military, completely. That is true in the military, has been until this year, I believe. Senator SPARKMAN. Well, I mentioned that in connection with the had already given you my own experience in connection with it. Mr. HENDERSON. Yes, sir. Senator SPARKMAN. I understand that for regular civil service retirees there was a 10-percent increase in annuities enacted in 1955, and another 10-percent increase in 1958; isn't that correct? Mr. HENDERSON. Yes, Sir. 'Senator SPARKMAN. There were two 10-percent increases. Mr. HENDERSON. I have just made the point that the Foreign Service annuitants are about 10 percent behind the civil service. Senator SPARKMAN. Yes; that is right. Is it also correct that there was no recomputation of Foreign Service annuities other than this percentage increase? Mr. HENDERSON. Yes, sir; that is right. We have had no recomputation. Mr. HENDERSON. I'm not sure about the Public Health Service. Mr. WOODYEAR. I do not think it is. Senator SPARKMAN. My next question concerns the military, but I 1942 Pay Act. COST OF LIVING INCREASE SINCE LAST RECOMPUTATION OF FOREIGN SERVICE ANNUITIES Senator SPARKMAN. What change has there been in the cost of living since the last change was made in Foreign Service annuities? Mr. HENDERSON. The last change in annuities was made in 1958, was it not? There has been a very small increase of four-tenths of 1 percent during the last year, but I would like to point out that since 1940 the increase in the cost of living has gone up as of now 107 per- cent. In other words, it has doubled from 1940 up to date. Senator SPARKMAN. 107 percent? Mr. HENDERSON. Yes, sir. Senator SPARKMAN. I believe that is all, Mr. Chairman. Senator GREEN. I have just one question I would like to ask. The bill S. 1502, at the bottom of the first page, reads: "when salaries of Foreign Service officers are increased or recomputed, so that each annuitant shall receive the same annuity as will be received by officers of the same class, grade, and years of service." Are there, then, dif- ferent sums paid to officers on the various levels? Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 178 FOREIGN SERVICE ACT AMENDMENTS Mr. HENDERSON. Well, the annuities of the Foreign Service, the Foreign Service annuitant, are based on the number of years he has spent in the service, multiplied by two. The p -oduct of that multipli- cation is treated as a percentage figure. That .-igure multiplied by the annual average of his last 5 years' salary will give his annuity. For instance, if a Foreign Service officer's ,zalary during the last 5 years averages, we will say, $8,000 a year, and he has been in the Serv- ice 30 years, we multiply the 30 times 2, and ge ~ 60 percent. Sixty per- cent times $8,000 would be his-would make his annuity $4,800 a year. From that amount would be deducted possibly $1,200 to pro- vide an annuity for his widow if he should (lie first. So annuities vary according to the number of years in the Service.. That is roughly the situation. Senator GREEN. Do the. salaries of officers in a class sometimes, vary? Mr. HENDERSON. In the same class? Senator GREEN. Yes. Mr. HENDERSON. Yes, sir. They are what we call instep grades in- a class. An officer will, say, start in a certain class at: $10,000 a year.. At the end of the first year an automatic in st-p promotion will raise it to $10,300, and so forth. Senator GREEN. How many different salaries might there be in the same class? Mr. HENDERSON. At the present time there are six step rates in a given class, except in class 8. GRADE LEVELS WITHIN A CLASS Senator GREEN. What term do you use to distinguish the various levels with a given class? Mr. HENDERSON. We usually call it an _nstep or ingrade promo- tion-"instep" often is the word used. Senator GREEN. Is that term used in an.y legislation? Mr. HENDERSON. Yes, sir. It is used it the Foreign Service Act of 1946, and also in the Senator GREEN. It is not used in this bit'. Mr. HENDERSON. No, sir. Senator GREEN. Should not that expression be used to make the legislation more clear? Mr. HENDERSON. It says "same class, gride." I believe that word "grade" in this act is intended to mean the instep grade in the class. Senator GREEN. If you use the word "g.?acle" in the same sense as. the word "class," the issue may become confused. Mr. HENDERSON. Yes, sir. Well, I beli }ve the word "grade" here is intended to indicate the instep in the class in which an annuitant was when he retired. That grade would be taken into consideration in the recomputation of his annuity. Senator GREEN. I am asking simply in the interest of clarity, that is all. Mr. HENDERSON. I believe the langua.gE is clear. It is clear to m.ea at least, Mr. Chairman. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For ReN09@$/7T: >Dr78-03721 Ald'00400020007-7 TERMINOLOGY TO DISTINGUISH BETWEEN SALARIES OF INDIVIDUALS AND OF CLASSES Senator GREEN. Well, if YOU turf to the bill-have you a copy there? Mr. HENDERSON. Yes, Sir. Senator GREEN. On the first page in line 9 where it says "salaries of Foreign Service officers"-that does not mean individuals, does it? It means as a class of Foreign Service officers. Mr. HENDERSON. Yes. Senator GREEN. Not of individual Foreign Service officers. Mr. HENDERSON. NO. Senator GREEN. It should be clear as to what it does mean, should it not? Mr. HENDERSON. Yes, sir. I think that also is clear. That is the phraseology which we use in referring to the salaries of certain classes of Foreign Service officers. Senator GREEN. It would be different according to the different amounts. Mr. HENDERSON. That is right. I believe that is clear. Senator GREEN. Would the wording not have to be changed? Mr. HENDERSON. I do not think it would have to be changed. I think it is clear, Mr. Chairman. Senator GREEN. It seemed to me it would have to be because, as I read it through, it looked as if you were dealing with different terms. Mr. HENDERSON. I think the phrase "salaries of Foreign Service officers" means "pay schedules of the various classes of Foreign Serv- ice officers." Senator GREEN. That is not what is said. Mr. HENDERSON. Yes, sir. I think it means when the salary scales of Foreign Service officers are increased. Senator GREEN. It is just in the interest of clarity that I am asking the question. Senator SPARKMAN. Mr. Chairman, I believe it is in line with other legislation, but I would certainly suggest that the staff check this very carefully to make certain. Senator GREEN. Are there any other questions? Senator SPARKMAN. I have no more, M. r. Chairman. Senator GREEN. Thank you very much, Mr. Henderson. Mr. HENDERSON. Thank you. STATEMENT OF HON. JOHN SPARKMAN, A U.S. SENATOR FROM THE STATE OF ALABAMA Senator SPARKMAN. Mr. Chairman, may, I make a very brief statement now? I fully intended to make it at the beginning of to- day's heaiing but, unfortunately, I was tied up in a conference on another matter. This statement relates to S. 1502 which I intro- duced in March of this year. Mr. Chairman, we are now hearing the testimony of witnesses in support of S. 1502 and we shall receive statements from others who believe that remedial action on the present system of Foreign Service annuities is overdue. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved Fopgelease 1 "R> 9{Vliv%AIRRpf 78 0372 sA000400020007-7 BENEFITS TO BOTH PAST AND PRESENT FOREIGN SERVICE OFFICERS Apart from the benefits that would accrue to retired Foreign Service officers and their widows following the enactment of this bill, I wish to emphasize the fact that its passage wo-ald greatly benefit Foreign Service officers still on active duty because knowledge of the existence of an adequate and flexible annuities scheme would raise the mo- rale of those who, lacking significant private means, have had great anxieties and who on this account may have, as have many in the past, resigned to accept more lucrative eriployment elsewhere. Consequently, I am convinced that the enactment of S. 1502 would do justice not only to those who are already in distress, but that it would also contribute to the more efficient general conduct of the foreign relations of the United States. Therefore, I certainly hope that we may give favorable attention to this bill, with such amend- ments as the Committee may deem advisable. LETTER IN SUPPORT OF S. 1502 Mr. Chairman, I should like also in connection with my statement to read a letter. It is a typical, not an extraordinary, letter. I have had many letters like this from many parts of the country, but this is one that came to Senator Morse. It is in support of S. 1502 and it is for the attention of the Senate Foreign Relations Subcommittee on State Department Organization and Public Affairs. The address is 2323 Nebraska Avenue NW., Washington, D.C., dated June 28, 1959. Senator WAYNE MORSE, Senate Office Building, Washington, D.C. DEAR SENATOR MORSE: In regard to the bill S. 1502, my husband Carroll Howe Foster was for 29 years in the Foreign Service and 11 years in the Navy. He retired in class 1 of the Foreign Service. For 24 years he paid 5 percent of his gross salary for an annuity. On retirement we were surprised to learn that this did not give me an annuity in caseof his death. In order to give me an income he paid the maximum $1,239.97 in a deduction from his pension of $5,951.90 annually, and a further yearly reduction of $124 to have his full pension paid him if he outlived me. His reduced pension was $4,587.93. Many officers retiring in lower grades could not afford to take a further reduction with children to educate, homes to buy, hospitalisation to pay for, etc. So their widows had no income after lives spent faithfully serving our country, often in dangerous situations. My life was endangered in the riot of December 20, 1920, in Vienna, Austria. Only less than 500 of the older officers or their widows are concerned in this bill S. 1502. They contributed for many years to the present Foreign Service fund which on June 30, 1958, amounted to $24,438,489 p.us interest to date and later additions. In justice to these older officers and their widows, some of whom are destitute (one is cared for by the State of New York), I hope y ou will see that this bill goes through. Respectfully yours, Mrs. CARROLL HOWE FOSTER. Idah S. Foster CLARIFICATION OF LANGUAGE [N S. 1502 Senator GREEN. May I ask, after you have made your statement, whether you have any suggestions to make as to clarifying the language which I have already made reference to? Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For RelVM% 9 j1 J2r,7C QJ J 8-03721A@OD400020007-7 Senator SPARKMAN.: As I suggested, Mr. Chairman, although, I believe the language is in keeping with the language of the Annuity Act, our staff members should certainly check that to make sure, and then we can take it up: in executive. session. Senator GREEN. It seems to me itis not clear. Senator SPARKMAN. It may not be, and you certainly bring up a pertinent point. I am sure that we can work it out. Senator GREEN. It would seem to me the whole sentence would have to be rephrased. Senator SPARKMAN. That is entirely possible. Senator GREEN. All right. Thank you. Senator SPARKMAN. Thank you. Senator GREEN. The next witness is to be a representative of the Diplomatic & Consular Officers Retired. Is Mr. Richard Boyce here? Mr. BUELL. Mr. Chairman, my name is Robert Buell. Mr. Boyce was to have been here to testify, but I have learned he had trouble with his car in parking and with his motor, and I do not know what has happened. He intended to be here. Senator GREEN. You do not see him here? Mr. BUELL. He is not in the room. May I read his statement on his behalf? Senator GREEN. We would prefer that you testify for yourself. You may proceed. Mr. BUELL. Yes, sir. STATEMENT OF ROBERT L. BUELL, CHAIRMAN, LEGISLATIVE COMMITTEE OF DIPLOMATIC & CONSULAR OFFICERS RETIRED Mr. BUELL. Mr. Chairman and Senators, members of the Foreign Relations Committee, I wish to make the following statement: BENEFITS OF S. 1502 WOULD ACCRUE WITHOUT ADDITIONAL APPROPRIATIONS The enactment of S. 1502 would result in an increase in the pensions of many retired Foreign Service officers and the widows of Foreign Service officers. It would abolish inequities in the present pension provisions for such persons. It would assure automatic increases if, in future, it is deemed neces- sary by the Congress to increase salaries of Foreign Service officers on active duty. ress Con th d b g e s y It would not require any appropriation of fun at this time because there are at present about $24,500,000 available in a fund subscribed to since 1924 by 5 percent mandatory deductions from basic salaries of Foreign Service officers, supplemented by certain amounts contributed from time to time by the Congress under the act of 1924 establishing the Foreign Service. This fund has grown steadily over the past 35 years. Those standing to benefit by the enactment of this bill are less than 600 in number. Many are in financial distress. Those who are well off would be obliged to remit to the Bureau of Internal Revenue Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 182 FOREIGN SERVICE ACT AMENDMENTS much of the increase in their annuities received because annuities are not tax exempt. Nearly all recipients of annuities, unlike recipients Aft of social security annuities, of necessity rE turn from 20 to 90 percent of such annuities in the form of income tax. However, such tax remissions of annuities are not credited to retirement funds from which they originated. Instead, they deplete retirement funds as these remissions go direct to the Federal Treasury and not to reimburse the retirement fund from which they were der ved Senator GREEN. There is one question, not applying just to cases to which you have referred, but to all cases. Considering the possibility of deductions as well as increases, if there are decreases fixed by law of the salaries of those presently in office, should there not be cor- responding decreases, in your opinion, to those whose terms have expired? Mr. BUELL. That, Mr. Chairman, is a hypothetical question. I have yet to know any time when there have been decreases in the cost of living that have resulted in decreases in salaries. Senator GREEN. I am just testing the principle, that is all. Mr. BUELL. It would seem to me quite logical if we have a great decrease in the cost of living and salaries are reduced, that it should have a bearing on annuities of all retired Government employees. Senator GREEN. I think it is quite natural. Mr. BUELL. But I do not believe. that situation has arisen in the past, nor can I foresee it arising in the near future. Senator GREEN. No; but the overall idea is to make provisions for retired officers correspond with those affecting officers presently serving the Government; is that right? Mr. BUELL. Well, Mr. Chairman, I canr..ot speak on behalf of all the retired Foreign Service officers on that point, because I have not had the opportunity of consulting them. Senator GREEN. No; I am speaking of tie language of the bill, as it has been offered to the committee. Mr. BUELL. Yes. Well, personally I would have no objections to altering the text of the bill in that regard, but I am speaking as one individual. Senator GREEN. I think it is a very unlikely contingency that I presented to you. I just wanted to test the principle. Mr. BUELL. Yes. Senator GREEN. Thank you very much. Have you any questions? Senator SPARKMAN. I have no questions. Thank you for your very clear statement. Senator GREEN. Mrs. Cecil Norton Broy is our next witness. STATEMENT OF MRS. CECIL NoRTON BROY Mrs. BROY. Yes, Mr. Chairman. Mr. Chairman, I am the widow of Ameri ;an consul Charles Broy who served in all sorts of posts, from the Belgian Congo, to London, England. My first husband was the late Honorable ''homas Upton Sisson, of Mississippi, who served on the Appropriations Committee of the Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Releaseol199 /4 7cj cI P7 721A000Jg9020007-7 U.S. House of Representatives for many years, and was an intimate :friend of Speaker Sam Rayburn. Any patriotic American woman who has married a career Foreign Service officer thinks very deeply of the part she should play on foreign soil. She must endeavor to conduct herself with decorum, politeness, and warmth, if she is to succeed in helping her husband to properly represent their. country at all times. Add to this the economic strain which many are put to in moving from place to place all over the :globe. Varying climates and conditions of living are to be encoun- tered. Many men of splendid educational background and outstand- ing ability who choose the Foreign Service as a career are not persons with private means-I would say the majority do not have private means. And even with the best management, it is an expensive life. From my Congressman husband, Mr. Sisson, I inherited what, at that time, was considerde a large sum of money. Every cent of that inheritance, both principal and interest, has been spent either to supple- ment Mr. Broy's salary while we were serving in very expensive posts (for example, we were kept in London over 7 years), or I have had to use it to help in the education of the three Broy children after his untimely death in September 1943, due to a horrible automobile-train accident at Bergheim, Germany, while he was on a mission for the Department of State. PLIGHT OF FOREIGN SERVICE WIDOWS Now, as to the present economic plight of some of us widows who ..have suffered through some of the worst hurricanes the Bahama Islands have ever known, or who have suffered through other terrible -experiences while living on foreign soil-Mrs. Foster, with the riots in Vienna-we have inflation-the 48-cent dollar-the high cost of rents, food, and other necessities of life. I receive $175 from the State Department retirement fund. Today that is worth less than $87.50 per month. Today, as you gentlemen must well realize, it is not how many dollars a person may have, it is what those dollars will buy insofar as the necessities of life are concerned. The wife of a retired Foreign Service officer told me the other day that she hoped and prayed she would precede her husband in death -since she did not see how she could possibly exist on just part of his annuity should he die first. Two older people living on a small :annuity can live together under the same roof; the widow left alone on a part of his annuity cannot afford the same apartment, or any apartment at all, for that matter. The lovely, vital widow to whom I have referred should not have to be afraid that she will live, and con- tribute to our culture because of her charm and experiences in foreign lands, rather should our great Government reward her with the assur- ance that she will have enough to get along on for the remainder of her days, after having served our country beside her husband for 38 years 'on foreign soil. Our husbands-have contributed.5 percent of their salaries for many, many years, and during a time when a dollar was worth 100 cents. That money has been in the State Department retirement fund drawing interest for these many years. Mr. Broy entered the Foreign Service 50 years ago. He served 33 years. There is now in this Foreign.S.ervice retirement fund over $24'/2 million. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 184 FOREIGN SERVICE ACT-AMENDMENTS ANNUITANTS LOOK TO CONGRESS FOR RELIEF Mr. Chairman, we are grateful to you and other members of this committee who have had such interest in ou?' problem sufficient to bring S. 1502 out into the open for hearings today. To you, Senator Sparkman, for what you have said today, we shall be forever grateful. In addition to having been designated by the Diplomatic & Consular Officers Retired to represent Foreign Service widows, I happen at this. time to be vice president of the American W )men's Council. That organization stands for integrity in Governme it. The points which you have made, Senator Sparkman, have so ably today described our circumstances, and it looks as though we shall have to look to Congress and not to the Department of State for relief.. Thank you. Senator SPARKMAN. I have no questions. . think it is a very fine statement. Senator GREEN. Thank you for your testimc ny. The next witness is Mrs. Ruth Baker Shipley. STATEMENT OF MRS. RUTH B. SHIPLEY Mrs. SHIPLEY. Thank you, Mr. Chairman. I really should not be here, for the only thing I have to do with. Foreign Service officers is my great affection fc,r them. But I am now chairman of the welfare committee of DACOIt, and I thought I could add one or two cases to your knowledge that you might find, I hope, persuasive. RETIRED OFFICERS' PENSIONS II\ADEQUATE In my work, I hear constantly of the struggle of the earlier retired Foreign Service officers, now in their seventies or eighties, who are living on the small pensions granted them under earlier legislation and trying to provide a modest standard of 1..ving for themselves and their families. But because of failing health, increased cost of living and medical care, they are unable to do so. These are people who ably and honorably represented our countr;r abroad in times when our Government required much of them, but paid them salaries with- out special allowances and placed upon them expenses which prevented any savings. The country is grateful to them, for they were the pioneers who made possible the present structure of able men and women working and living in appropriate hou sing, carrying the burden of representation with suitable allowances, paid vacations at home at regualr intervals, reasonable medical care, and so forth. We are proud of the present structure; but we should not forget the pioneers, now elderly, fearful of increasing debt, and unable to afford adequate medical care. In passing, may I mention a few of them: The distinguished retired consul general, now over 80, constantly seeking employment to aug- ment his pension to meet hospital expenses and support his family. There is another one like that, now over 77, the vice consul, who served 26 years, retired on account of ill health, bombed out in World War II, while remaining to protect America'' official records, has had severe heart attack followed by general paralysis, but his mind is Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved For Relegs eG19 9/08I27Cfi CA 9fJ9-03721Agg2400020007-7 F R. clear, and he is hopeful; he must have sanitarium care, needs an increase in pension desperately. The consul practicing law to augment his small pension and help support his family; health failing under strain and cannot any longer take legal work;. must have additional income. The consul with 20 years of service, mostly in tropical posts, not well, worried financially and debt ridden. He had very costly opera- tion a few years ago; pension less than $200 monthly. We have lifted many burdens all over the world and have lighted many dark places. Can we not give to these veterans of the Foreign Service, disabled financially, the comfort: and peace in their future years which their devoted service to America in their earlier years earned for them? Enactment of the Sparkman bill would accomplish this. Senator GREEN. Thank you very much for your statement. Do we find the same tragic incidents in other departments of the Government? We do, don't we? Mrs. SHIPLEY. I only know my own Department. I am a State Department retiree after 47 years of Government service, 41 in State. Senator GREEN. Outside of the State Department, are there other similar Government employees subjected to the same situation? Mrs. SHIPLEY. I am civil service as if I had been in the Labor De- partment. Senator GREEN. Then your sympathy goes to all civil service and other employees in the U.S. Government; does it not? Mrs. SHIPLEY. Yes, sir; and to these people who seem to be for- gotten. Senator GREEN. In other words, your argument applies not only to those in this Department, but in all other departments of the Government as well; does it not? Mrs. SHIPLEY. Yes; but my knowledge runs only to this group. For that reason I have mentioned it. Senator GREEN. But as long as you are here I am asking you that question, because it would seem to me this is selecting one group of many under the same conditions for this legislation, and I wanted to know whether that idea was correct. Mrs. SHIPLEY. Yes; I am for all of them. FOREIGN SERVICE RETIREMENT BENEFITS HAVE LAGGED Senator SPARKMAN.' Mr. Chairman, I would like to interject this thought. I do not fully agree with the conclusions drawn by my good friend, the chairman. This is not picking out a special group to help. It is trying to catch up in benefits for a group that has heretofore been left out. As a matter of fact, I think Mr. Henderson made that point in his testimony. Civil service employees generally have been given these increases throughout the years, and it was not until last year that we got any increase for the old retirees-I mean those who have been out for some time past-and what we are trying to do is to catch up along the line that Mr. Henderson described. So we are not trying to give a special favor to a special group. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved F& Release 1999/08/27 : CIA-RDP78-03721A0004000.20007-7 1~ FOREIGN SERVICE ACT AMENDMENTS Mrs. SHIPLEY. No; I do not say that.. Senator SPARKMAN. I know you do not. I was afraid that that might have been implied. Mrs. SHIPLEY. Well, I am a civil service retiree, and I am not seeking anything additional. I am living comfortably on it. AID WILLINGLY EXTENDED ABROAD, BU? SMALL EXPENDITURE PROPOSED.UNDER S. 1502 NOI FAVORED Senator SPARKMAN. By the way, Mrs. S aipley, in your very last paragraph you expressed very nicely that we have lifted many burdens over the world. We are starting the conference tomorrow morning: on the foreign aid bill. As it came from the President it carried $3.8 billion in aid for the other countries of the world, and the economic assistance part amounted to $2.3 billion. Mrs. SHIPLEY. Well, I had no figures. Senator SPARKMAN. We had no hesitancy-and, by the way, I supported it-in trying to maintain the.ariount that the President asked for. Yet it would seem to me to be a little hard for the admin- istration to advocate that kind of a program and at the same time come in here and say that we cannot afford to help these 600 people at home who could be taken care of for an extra expenditure of some $500,000. Mrs. SHIPLEY. I do not know who could defend that we could not afford' to do it, if you will pardon me. Senator SPARKMAN. You heard Mr. Henderson say the Budget Bureau had laid down the law to the State Department to that effect. Mrs. SHIPLEY. I do not think the Budget Bureau ever liked me in my 41 years in the Department of State, so don't expect inc to put in a word for them. Senator SPARKMAN. The Budget Bureau laid down the law to the State Department. They placed the limita~ion on it. Senator GREEN. Thank you, Mrs. Shiple,T. Has Mr. Boyce come into the room yet? Mr. BoYCE. Yes, sir. Senator GREEN. Would you like to testify now? Mr. BoYCE. Thank you, sir. Senator GREEN. We will be glad to hear from you. Do keep your seat. STATEMENT OF RICHARD FVFE BOYCE Mr. BoYcE. Mr. Chairman and gentlemen, I appreciate very much this opportunity of testifying on behalf of S. 1502. I have been associated with the DACOR legislation program since its beginning in 1950, and am familiar with the many problems of re tired Foreign Service officers. These include health, employment, maintaining contacts, housing, and usually worst of all, trying to make ends meet on a fixed income of shrinking do ilars. There are two basic needs. The first is to bring the annuities of personnel who retired some years ago up to the level of personnel re- tiring now. The second is to provide autcmatic adjustment of an- nuities whenever salary schedules are raised so as to prevent in future the repetition of the situation which now exists. The same argu- ments apply in both cases. Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7 Approved Fo FReleas&R'R9/Aq?/?T,~1AP78-037?g1~A000400020007-7 The special situation of Foreign Service widows has been described by Mrs. , Broy-herself a Foreign Service widow. The cases of our -MO most needy members are described by Mrs. Ruth Shipley, well known to you., who through her more than 40 years personal association with the Foreign Service, and as chairman of our welfare committee, is, well acquainted with our problems. REASONS FOR DACOR SUPPORT OF S. 1502 You are familiar with the many reasons behind our request for pass-. age of S. 1502. I touch upon only the following: Foreign Service officers now retired contributed a fixed percentage of their basic salaries to provide for annuities equal to a reduced, but reasonably livable income, sufficient to furnish food, shelter, clothing, and medical expenses in keeping with their retired status and their years of devoted service as official representatives of our Government,, and, also, in special recognition not only of the hazards to health and, upon occasion, to personal safety, but to the many handicaps to edu~ eating their children, to establishing a permanent home in the United States, to saving any money and many other special factors. Depending upon. the year they retired, inflation has reduced those annuities by a quarter to a half their original values, resulting in great handicap for the majority of retired officers and widows, As lement t t l o supp oymen their ages increase, the ability to find emp their annuities decreases. Medical expenses increase. The retired officers are no longer able to live above, or much above, the level of people on public relief. We feel that older people have as much right to proper housing, food, clothing, and other necessities 10 or 20 years after they retire as they do the first yeas of retirement. Our country does not approve the customs of primitive peoples who abandon the old and crippled to starvation, or to death by wild animals. Yet the process of pro- gressive poverty and misery through shrinking annuities is a compa, cable situation. The retired officers thus discriminated against are not many in number, and their numbers are fewer each year. is sufficient money in the Foreign Service retirement fund to. 'th ere provide for the proposed changes, so what we ask for will not add to, the burden of the taxpayer. Thank you very much. Senator GREEN. Thank you very much, Mr. Boyce. Are there any questions? Senator SPARKMAN. No questions, Mr. Chairman. That is a roll,. call upstairs, and this is the last witness. Senator GREEN. Is Mrs. Carroll Foster here? Senator SPARKMAN. I read that letter into the record. I did not realize fou were here, Mrs. Foster. Senator GREEN. But your letter is already in the record. Mrs. FOSTER. You read the letter into the record. Senator GREEN. We must terminate this hearing. Thank you all for coming. Senator SPARKMAN. Thank you, Mr. Chairman. (Whereupon, at 3:30 p.m., the subcommittee adjourned ?ubject to the call of the Chair.) Approved For Release 1999/08/27 : CIA-RDP78-03721A000400020007-7