FOREIGN SERVICE ACT OF 1980-CONFERENCE REPORT

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• Publication Date: September 30, 1980
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ness of the courts. I would like to thank
the able Senator from Arizona (Mr. DE-
CoNcINi) for the fine work which he has
done in enacting compromise legislation
into law.
Mr. President, I wholeheartedly sup-
port the amendment offered by my able
colleague from Arkansas. This amend-
ment would have the salutary effect of
requiring the federal courts to undertake
a more careful and thorough review of
agency rulemaking. One of the major
changes which this provision will make
is to remove the presumption of regular
or validity which courts have tradition-
ally accorded agency decisionmaking.
I urge my colleagues to support this
provision which makes several excellent
changes in the judicial review section
of the Administrative Procedures Act.
Mr. MATHIAS. Mr. President, I yield
back the remainder of my time.
The PRESIDING OFFICER. All time
having been yielded back, the question is
on agreeing to the motion of the Senator
from Arizona.
(Putting the question.)
The motion was agreed to.
Mr. DzCONCINI. Mr. President, I
move to reconsider the vote by which
the n,ptian was agreed to.
V FOREIGN SERVICE ACT OF 1980-
CONFERENCE REPORT
Mr. PELL. Mr. President, I submit a
report of the committee of conference
on H.R. 6790 and ask for its immediate
consideration.
The PRESIDING OFICER. The re-
port will be stated.
The assistant legislative clerk read as
follows:
The committee of conference on the dis-
agreeing votes of the two. Houses on the
amendment of the Senate to-the bill (H.R.
6790) to promote the fureign policy of the
United States by strengthening and improv-
ing the Foreign Service of the United States,
and for other purposes, having met, after full
and free conference, have agreed to recom-
mend and Co recommend to their respective
Houses this report, signed by a majority of
the conferees.
The PRESIDING OFFICER. The
Chair recognizes the minority leader.
Mr. BAKER. Mr. President, we have
no objecton to proceeding to the con-
sideration of this conference report. I
need to be assured that there will be a
few moments for debate. I have one Sen-
ator on his way to the Chamber who
wishes to speak on this subject.
But, with that reservation, I advise my
friend from Rhode Island that we have
no objection to the consideration of this
conference report.
The PRESIDINQ OFFICER. Without
ID --SENATE September 3'0, 1980
objection, the Senate will proceed to the
consideration of the conference report.
(The conference report is printed in
the House proceedings of the RECORD of
September 29, 1980.)
Mr. PELL. Mr. President, in 1976,
Congress enacted my amendment (sec-
tion 117) to the Foreign Relations Act of
1976 (Public Law 94-350) which called
on the Secretary of State to "transmit to
Congress a comprehensive plan for the
improvement and simplification of the
Foreign Service personnel system ? ? 0.,#
In response to this provision, the ad-
ministration submitted in 1979 a draft
bill reflecting the results of a 3-year ex-
ecutive branch study initiated under the
Ford administration.
This bipartisan effort which has been
endorsed by three Secretaries of State
(Kissinger, Vance, and Muskie) repre-
sents a major rewrite of the Foreign
Service Act of 1946. This legislation (H.R.
6790) is necessary:
To provide a clear distinction between
Foreign Service and civil service employ-
ment, and to convert to civil service stat-
us without loss those Foreign Service
personnel who are obligated and needed
only for domestic service;
To improve efficiency and economy by
simplifying and rationalizing the various
categories of Foreign Service personnel
and by establishing a single Foreign
Service personnel salary schedule;
To establish a Senior Foreign Service
(SFS) with rigorous entry, promotion,
and retention standards based on
performance;
To make more uniform the statutory
terms and conditions of Foreign Serv-
ice employment based on merit princi-
ples;
To provide a statutory basis for labor-
management relations in the Foreign
Service;
To consolidate and codify the various
laws relating to Foreign Service person-
nel which have been enacted both within
and outside the framework of the exist-
ing Foreign Service Act;
To improve interagency coordination
by promoting compatibility among the
personnel systems of the agencies em-
ploying Foreign Service personnel and
with those of other departments and
agencies.
This bill will strengthen the profes-
sional character of the Foreign Serv-
ice by :
First, limiting Service status to those
who accept its discipline including the
obligation to serve anywhere in the world
often under dangerous or unhealthy cir-
cumstances;
Second, requiring that all persons
seeking career status pass successfully
obligation to serve anywhere n the world
through a strict but fair tenuring proc-
ess; and
Third, establishing closer links be-
tween performance and promotion, com-
pensation and retention in Service.
The bill will also improve the man-
agement of the Foreign Service and pro-
mote economy and efficiency by reducing
the number of personnel categories un-
der a single pay schedule, establishing
a Senior Foreign Service comparable to
the Senior Executive Service of the Civil
Service, and by encouraging interchange
and maximum compatibility of personnel
systems among the foreign affairs agen-
cies.
This legislation has been the subject
of extensive consultations. Its provisions
reflect comments and suggestions which
have been received from the members of
the Foreign Service and the employee or-
ganizations which represent them, from
interested agencies within the executive
branch and from three separate commit-
tees of Congress.
All in all, the conference report repre-
sents a fair accommodation on all of
the controversial issues. I ask unanimous
consent that the statement of managers
be printed in the RECORD.
Mr. President, H urge my colleagues to
support the conference substitute.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
JOINT EXPLANATORY STATEMENT OF THE COM-
MITTEE OF CONFERENCE
The managers on the part of the House and
the Senate at the conference on the disagree-
ing votes of the two Houses on the amend-
ment of the Senate to the bill (H.R. 6790) to
promote the foreign policy of the United
States by strengthening and improving the
Foreign Service of the United States, and for
other purposes, submit the following joint
statement to the House and the Senate in
explanation of the effect of the action agreed
upon by the managers and recommended in
the accompanying conference report:
The Senate amendment struck out all of
the House bill after the enacting clause and
inserted a substitute text.
The House recedes from its disagreement
to the amendment of the Senate with an
amendment which is a substitute for the
House bill and the Senate amendment. The
differences between the House bill, the Sen-
ate amendment, and the substitute agreed
to in conference are noted below, except for
clerical corrections, conforming changes
made necessary by agreements reached by
the conferees, and minor drafting and clari-
fying changes.
The managers on the part of the House and
the Senate at the conference on the disagree-
ing votes of the two Houses on the amend-
ment of the Senate to the bill (H.R. 6790) to
promote the foreign policy of the United
States by strengthening and improving the
Foreign Service of the United States, and for
other purposes, submit the following joint
statement to the House and the Senate in
explanation of the effect of the action agreed
upon by the managers and recommended in
the accompanying conference report:
The Senate amendment struck out all of
the House bill after the enacting clause and
inserted a substitute text.
The House recedes from its disagreement to
the amendment of the Senate with an
amendment which is a substitute for the
House bill and the Senate amendment. The
differences between the House bill, the Sen-
ate amendment, and the substitute agreed to
in conference are noted below, except for
clerical corrections, conforming changes
made necessary by agreements reached in the
committee of conference, and minor drafting
and clarifying changes.
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S1136616 CONGRESSIONAL REC
problem of dealing with that occasional
judge who suffers from a physical or
mental disability or whose conduct has
been interfering with the effective and
' expeditious administration of the busi-
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September 30, 1980 CONGRESSIONAL. RECORD-SENATE
11 The depth of this concern is revealed
dramatically in the words of the inhabitants
of Boston in the "List of the Infringements
and Violations of the Rights of the
Colonists":
This will if accomplished compleat our
slavery. For if taxes are raised from us by
the Parliament of Great Britain without our
consent, and the men on whose opinions
and decisions our properties, liberties and
lives in a great measure depend, receive their
support from the Revenues arising from
these taxes, we cannot, when we think on
the depravity of mankind, avoid looking
with horror on the danger to which we are
exposed? The British Parliament have shewn
their wisdom in making the Judges there as
independent as possible both of the Prince
and People, both for place and support: But
our Judges hold their Commissions only
during pleasure; the granting them salaries
out of this Revenue is rendering them de-
pendent on the Crown for their support.
How alarming it must then be to the
Inhabitants of this Province, to find so wide
a difference made between the Subjects in
Britain and America, as the rendering the
Judges here altogether dependent on the
Crown for their support.
Reprinted in Smith, supra, note 10 at 1145.
12 See generally, Ferrick, "Impeaching Fed-
eral Judges: A Study of the Constitutional
Provisions", 39 Ford. L. Rev. 1 (1970).
>s Specifically, on August 27, 1787, Mr. Dick-
inson proposed that federal judges be re-
movable by the Executive on the application
of the Senate and House of Represeiltatives.
The motion was defeated by a vote of seven
States to one. 2 M. Farrand, "The Recods of
the Federal Convention of 1787" at 428-29.
14 2 Farrand, supra note 13 at 550.
11 Ervin, "Separation of Powers: Judicial
Independence", 35 Law and Contemp. Prob.
108. 121.
10 1 Farrand, supra note, 13 at 550.
17 1969 Sup. Ct. Rev. 135, 153.
18 398 U.S. at 136.
19 United States v. Nixon, 418 U.S. 683, 704
(1974).
20 Senate Rept. 96-362, "The Judicial Con-
duct and Disability Act of 1979", at 5.
21 Judicial Conference resolution of Mar. 9,
1979 (Report of the Judicial Conference of ~
the United States, 1979 at 4-7).
22 My comments regarding the actions of
the judicial councils should not be read
necessarily as an endorsement of the con-
stitutionality of such procedures; rather they
are merely in recognition of the fact that
these procedures are in effect and should not
be curtailed by the enactment of legislation
of dubious constitutionality.
21 Letter by Gerald Gunther to Charles
McC. Mathias, Jr., October 25, 1979.
Mr. MATHIAS. Mr. President, al-
though the article dealt with the Sen-
ate-passed version of S. 1873, many of
the arguments set forth are equally ap-
plicable to the amendment now before
us.
Mr. President, I think that the case
is clear. I hope that the Senate will re-
ject this measure overwhelmingly.
Mr. DECONCINI. Mr. President, I ap-
preciate the concern of the Senator from
Maryland In this matter and .I know
from his constitutional experience and
his legal ability that it comes from a
strong feeling in the preservation of the
constitutional points raised.
Although I disagree with his conclu-
sions here, I respect his judgment, and
I thank him for permitting the Senate
to work its will on this substitute.
At this time I yield to the Senator
from Utah.
Mr. HATCH. I thank my dear friend
from Arizona.
Mr. President, this particular act, en-
titled Judicial Conduct and Disability
Act of 1979, is an excellent, moderate
approach toward solving some of the
major problems we have in our judicial
system in our country today.
I compliment the distinguished Sen-
ator from Arizona for the work he has
put forth with regard to this bill.
I also have great respect for the
opinions of the Senator from Maryland
who has fought very much against this
-bill during the time that it has been
before our committee. He has raised
many, many provocative and worthwhile
thoughts to the extent that this bill is
an outgrowth from the prior bill which
may have gone too far.
Perhaps coming from Utah and having
lived in a State and having practiced
law before a judge who many thought
was so powerful that he just could not
be corrected, who did do a number of
things that were biased and prejudiced,
partial, and who did treat attorneys with
disdain In his courtroom, gave out sen-
tences which were in many cases inade-
quate and in other cases more than ade-
quate, who did not show equal treatment
before the law but yet was able to con-
trol the Federal judiciary for years, per-
haps I have a little more feeling about
this particular bill than most.
I believe that this bill Is a moderate
and reasonable approach toward solving
some of the problems that arise on the
Federal bench. It is said that the closest
thing to Godhood in this life, is becoming
a Federal judge, district, circuit, or
otherwise, and in that particular case
and in those particular contexts many
people have justified that particular
statement.
I believe that if we are going to have.
some reasonable way short of convening
Congress to discipline judges this Is as
reasonable and moderate an approach as
we can have.
I endorse it, I support it, and I hope
that it will lead to a better Federal judi-
ciary with very few complaints not being
satisfied by the judicial council of the
circuit in which the judge serves rather
than through the. process of impeach-
ment before Congress.
I am grateful for the efforts of all
those who have worked hard on this leg-
islation, particularly the Senator from
Arizona.
Mr. DECONCINI. Mr. President, X
thank the distinguished Senator from
Utah for his support of this action and
also the ranking minority member, the
Senator from South Carolina, on the
Judiciary Committee, along with the
chairman, and the chairman's staff per-
son who has worked and labored in this,
Mr. Ken Feinberg deserves thanks, along
with Mike Altier and Ann Woodley of
my staff.
I must mention that. Congressman
KASTENMEIER, the chairman of the sub-
committee of the House of Representa-
tives, put in a great deal of effort trying
to find a compromise, and Mike Rem-
mington of his staff has been extremely
helpful.
S131665
time that this is -indeed a compromise
that I believe has widespread support
now. The American Bar Association sup-
ports it. The Department of Justice now
supports it wholeheartedly. The Judicial
Conference of the United States supports
this. It was' passed unanimously by than
House of Representatives. '
Mr. President, if there be no further
discussion, I yield back the remainder of
my time.
Mr. MATHIAS. Mr. President, will the
Senator yield?
Mr. DECONCINI. I yield to the Sena-
tor from Maryland.
Mr. MATHIAS. Mr. President, the
Senator from Utah has given us a classic
example of the old adage in law that
hard cases make bad law.
I do not dispute any of the statements
that he has made about a particular sit-
uation and a specific judge, but I only
comment that to alter a very basic prin-
ciple of the constitutional system of this
Republic for that reason is inadequate
reason and I hope the Senate will not
do it.
For this reason, I shall vote against
this measure.
Mr. DECONCINI. Mr. President, I yield
back the remainder of my time.
Mr. THURMOND. Mr. President, I
would like to express my support for S.
1873, the Judicial Conduct and Disabil-
ity Act of 1979. I am a cosponsor of this
piece of legislation along with a number
of my colleagues from the Judiciary
Committee.
S. 1873 establishes a simple, yet effec-
tive procedure for the processing of al-
legations that members of the Federal
Judiciary are not efficiently performing
their duties by reason of physical or
mental disability or that they have en-
gaged in conduct inconsistent with the
effective and expeditious administra-
tion of the business of the courts.
S. 1873 would, I believe, be effective in
two ways. First of all, as the committee
report points out, there are situations
where the disability or misconduct in-
volved does not rise to the level of an
impeachable offense. S. 1873 provides
clear statutory authority for a number
of other intermediate sanctions which
will give needed flexibility to the judicial
council to find solutions In these in-
stances. ' Second, while impeachment is
admittedly a cumbersome and time-con-
suming process, S. 1873 would serve to
isolate the most serious instances of mis-
conduct and to actually set before the
House of Representatives a record of pro-
ceedings revealing misconduct which
might constitute an Impeachable offense.
I think it is likely that the existence of
such procedures would provide an incen-
tive for Congress to take appropriate ac-
tion where no such incentive has previ-
ously existed.
I urge my colleagues in the Senate to
support the conference report on S. 1873,
the Judicial Conduct and Disability Act.
I believe that S. 1873 is constitutional,
that it is necessary, and that it will not
compromise the independence of the
Federal judiciary. This legislation takes
a reasonable, moderate approach to the
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$em;~er 30 1980 CONGRESSIONAL REc GR ?SIENATE
the
under
I
p 9 Foreign
are
who
Service
Fed OBJECTIVE OF GRIEVANCE SYSTEM nedeto the O ce of the Inspector G neral. erapPaydComparabilliity Act of 1970 (5 U S.C.
The House use bill provided ed that t an n o objective signed Senate amendment permitted such 5301 at seq.). The new pay schedule repre-
1of the bill is to maintain a fair and effective reports to be prepared either by the Inapec- rents a compromise between the pay option
,, system for the resolution of individual grlev- tor General or by the Inspector General's adopted by the House and that initially
ances. designee. supported by the Administration. The 027.4
The Senate amendment contained the The conference substitute In section 209 million proposal contains nine salary classes
same provision, and added that the griev- (e) (2) Is the same as the Senate amend- as do the present pay schedules for the For-
ance system should be one that will insure ment. eign Service. The September.24, 1980 letter
the fullest measure of due process for the from the Deputy Director of the Office of
PERSONAL RANK OF AMBASSADOR OR MINISTER Management and Budget to the chairmen
members of the
Foreign Service. The House bill authorized the President to of the various committees follows, together
The conference substitute in section 101 confer the personal rank of ambassador, for
(b) (4) incorporates the Senate amendment. a period not exceeding 6 months, on an in- comparative details i among nvarious pay
LANGUAGE COMPETENCE dividual who Is undertaking a special mis- options and the intergrade differentials
The House bill contained provisions de- sion for the President. The bill requires the between salary classes in the new option:
scribing the following: President to submit an advance report to the
characteristics that should be Senate Committee on Foreign Relations each EXECUTIVE OFFICE OF THE PRESI-
Th
e
(1)
found in the Senior Foreign Service; time he intends to confer such a rank. DENT, OFFICE OF. MANAGEMENT
(2) The types of examinations which may The Senate amendment contained a similar AND BUDGET,
be presented for appointment to the Foreign provision and added the following: Washington, D.C., September 24, 1980.
Service; (1) A restatement of the Constitutional DEAR MR. CHAIRMAN: This letter is to
(3) The criteria under which a career can- prohibition against any appointment of an advise you that the Administration strongly
didate can be initially appointed to a class ambassador or minister without the advice prefers the Senate provisions in Sections
higher then class 4; and - and consent of the Senate, other than by 403, 406 and 2101, regarding Foreign Service
(4) The records of ability and performance recess appointment; and compensation, in H.R. 6790, the proposed
which may be examined by selection boards. (2) A requirement that the President sub- Foreign Service Act of 1980. It also provides
The Senate amendment added an explicit mit a report when conferring the personal you with an up-dated Foreign Service pay
reference to foreign language competence in rank of ambassador or minister at least 30 schedule that the President would authorize
each of the above-described provisions. days in advance of the conferral. In implementation of those Sections of EA.
The conference substitute in sections 101 The conference substitute in section 6790. As you can see, the attached up-dated
(b) (7), 301(b), 307(1), and 603(a) incorpo- 302(a) (2) (B) is similar to the Senate schedule sets forth considerably higher link-
rates the Senate amendment amendment but adds language permitting ages between the Foreign Service and the
rovided
advance notice
one I
30-da
th
h
h
p
y
an
e
e
General Schedule t
LANGUAGE COMPETENCE REPORT By CHIEF OF exceptions to t
requirement in urgent cases. you in my letter of April 1.
MISSION
The Senate amendment added a new sec- REPORTS ON DEMONSTaATED COMPETENCE Of We believe that it is absolutely-essential
e --o -..1-l' " ra- CHIEF OF BalssI0W NOMINEES for the President to have authority to set
UGn rCti mrn .- -- ------ __
port to Congress, within 6 months after as- The Senate amendment required the
Guming his or her post, on the foreign President to provide to the Senate Foreign
language competence of the chief of mission Relations Committee a report, on the
and the mission staff in the principal Ian- demonstrated competence of each person
guage or other major dialect of the country nominated for appointment as a chief of
where the post is situated. mission.
The House bill contained no comparable The House bill Contained no comparable
provision. provision.
The conference substitute is the same as The conference substitute in section
the Senate amendment, but the provision 304(a)(4) Is identical to the Senate
has been added as a new section 304(b) (3 amendment.
for organizational reasons. The committee REGULATION OF EMPLOYMENT OF FAMILY MEM-
of conference notes that this requirement BERS AT FOREIGN SERVICE POSTS ABROAD
is intended to apply only to posts In coun-
tries to which English is not the principal tary of State to issue regulations governing
language. all Federal agencies' employment at Foreign
OPERATING RESPONSIBILITIES OF THE Service posts abroad of family members of
INSPECTOR GENERAL all Government personnel.
The House bill prohibited the Secretary of The House bill Contained no comparable
State from assigning any program operating provision.
responsibilities to the Inspector General of The conference substitute contains no
the Department of State and the Foreign provision on this Issue.
Service. FOREIGN SERVICE SALARY SCHEDULn
The Senate amendment added the word ? The House bill established a 10-class
"general" before the term "program operat- Foreign Service salary schedule, -with each
tog Qs conference seo substitu 209 class corresponding to a Specified grade in
The the General Schedule, Each class was
(a) (1) Is the the saalh e as the e e in Senate section amend- - required to have 14 salary stops.
meat. The Senate amendment authorized the
ASSISTANT INSPECTORS GENERAL President to establish a 9-clash Foreign Serv-
The House bill required the Inspector Gen- ice salary schedule with a maximum salary
eral to appoint two assistants, one respon- rate not exceeding the maximum sate for
1 f e Isla suditin activities and GS-15 of the General Schedule. However, the
rv
g
ib
the linkage between the p's and GS pay
systems in order for him to carry out his
responsibility for the management of the
statutory pay systems In the executive
branch. Duties and responsibilities for posi-
tions compensated under the FS and GS pay
systems change from time to time, necessitat-
ing changes In linkage points. The Congress
has recognized the need for continued atten-
tion to matters of this type In granting the
President authority over linkages under the
Federal Pay Comparability Act. We believe
it inappropriate to take that authority from
the President.
The higher linkages which the President
would implement, under the provisions of the
Senate-passed bill, take Into consideration
the critical concerns expressed both in the
Senate and House. This proposal would make
a one-time increase in FS pay that averages
$2,570 a year or 9.6 percent, effective in the
first pay period and with conversion to the
new schedule on a step for step bas's, at a
cost of approximately $27.4 million annual-
ly. Compounded with the forthcoming Octo-
ber 1 Federal pay Increase cf 9.1 percent, FS
pay would go up an average of 19.6 percent
this year. The Administration believes that
this proposal provides for a sound compensa-
tion system for the Foreign Service. At the
same time, it is the largest Increase that can
be provdied under a fair assessment of com-
parability between the FS and the GS
systems.
g
a or sup
s
one responsible for supervising Investigative Senate amendment did not establish specs- Accordingly, we strongly urge enactment
activities. fie linkages between the Foreign Service of Sections 403, 406 and 2101 of the Senate-
Tho Senate amendment contained no com- Schedule and General Schedule for the varl- passed bill instead of the House-passed ver-
Sion of those sections.
lasses
l
.
ary c
parable provision. ous sa
The conference substitute Is the same as The conference substitute in section 403
the Senate position. adopts the Senate amendment- The com-
PSRFORISANCE "VALUATION OF EMPLOYEES AS- mittee of conference understands that the
SIGNED TO THE INSPECTOR GENERAL pay schedule reproduced below will be
The House bill required that the Inspector implemented by the President, effective the
General prepare the performance evaluation first day of the first pay period beginning
reports on State Department employees and on or after October 1, 1980, under the author-
The Administration's positions on other
differences between the Senate and 'douse
bills have been conveyed by staff of the State
Department to staff of your Committee.
Sincerely,
- JOHN P. WHITS,
Deputy Director,
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A ABILITY BETWEEN THE FOREIGN SERVICE AND THE GENERAL COMPARATIVE DETAILS AMONG VARIOUS PAY OPTIONS
SCHEDULE
S la3$6d CONGRESSIONAL RECORD-SENATE September 80, 1980
LINKAGE PROVIDING COMP
~?-r ? a.e~ .. eydrvmen[s (percent) Current New Step 1 rates GS equivalents di (perc n )
SO/R/RU-3, FSS-1---- _------ FS-1--------- 40832 -------- GS-15.00.-__- 23.41 SO/R/RU-8, FSS-6............ FS-6._-___-__ 15737-------- GS-8.20------
SO/R/RU-4, FSS-2 ------------ FS-2 --------- 33086 -------- GS-13.71.____ 23.41 SS-7------------------------ 11.85
SO/R/RU-5, FSS-3------------ FS-3._____._ 26810 .... GS-12.43_____ 23.41 SS-8__________ FS-7__--_---- 14068 -------- GS-7.10 ------ 11.85
SO/R/RU-6, ESS-4_.------?-- FS-4__--?__- 21724 -------- GS-11.28 ..... 23.41 SS-9, FSS-10--------- - ~ _-? FS-9. ..--?._ 11243...-? X5.00 --???????-11_85
SO/R/RU-7, FSS-5--__---- --__ FS S----__-__ 17603-------- GS-9.34...... 11.85
class riew?class linkages House bill I '.gm romueT
II $27. op!ion.
0-3 ........... FS-1.__-___ GS-14,40--- GS-15------ GS-15- . CS-15._..._ GS-15.
0-4__FS-2--?--?- GS-13 ------ GS-14------ GS-14------ GS-14---?-- GS-13.71.
FS-3_._.___ GS-11.16.__ GS-13...... GS-13 ...... GS-12.5..._ GS-12.43.
0-6 ----------- FS-4--__-._ GS-10.38.._ GS-12 ---.-- GS-12 ...... GS-11-----_ GS-11.28.
GS-11-.- GS-11 ...... 0-7 ----------- FS-5 ...... GS-8.54..__ GS-9 ____ -._ ._. GS-9 ------- GS-9 ------- GS-9.34.
S-5----------------------- GS-9.22-^
0-8 ----------- FS-6------- GS-7-______ GS-8.20.
S ------
7 ----------- F5-7------- GS-7.02. - GS-7_------ GS-6------_ GS-6.-_---? GS-7.10.
S-8_=--------- FS-8_---_-- GS-5.98 ---- G8-6------_ GS-5_---_-- GS-5 ....... GS-6.03.
S-9 and 10 .... FS-9----__. GS-4------- GS-5------- GS-4 ------- GS-4 ------- GS-5.
Cost in millions__________________ $34.1 ...... $33.8------
$29 -------- $21.4.
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grade linkage ---p pay'
New grade New linkage
step pay r
FS0/R/RU-3 ---------------- GS-14,40 ....
4
GS
13
FS-1--------- GS-15 ---------
GS-15.00.
-----
-
------- GS-13.00 _...
5
2-------------------------
GS-13,71
GS-11.76 _.__
6
3--------------?---------
.
GS-12.43
GS-10.38 ----
7
4---------- ------- --
---
.
GS-11.28.
GS-8.54 -----
5.... ..... GS-9/step 2-._-
GS-9.34
GS-7.00 .....
FSS
1
6-----------------------
.
GS-8
20
-
.............. GS-14.4q ----
2
--
I--------- GS-15---------
.
.
GS-15
00
--- GS-13.00 -??-
3
2-------------------------
.
,
GS-13.71,
------------- GS-11.76 _._.
4
3--------
43
GS-12
........................ GS-10.38__._.
5
4-------------------- -
--
.
,
GS-11
28
------------------------ GS-9.22 _____
6
5--------- GS-9/step 2-
_._
,
.
GS-9
34
.__..._..- GS-8.10 -----
7
6-------?----------------
.
.
20
GS-8
^ -- - -...__.. GS-7.02
8
1 - -- -
,
.
GS-7.10
------------------------ GS-5.98 ---- 8- ----
9
.
GS-6.03
--------- - GS-4.97..... - 9--------- GS-5----------
.
GS-5
00
GS-4.00:??- 9......... GS-5 ..........
.
?
GS-5,00.
In adopting the Senate amendment, the compensation Is payable under the premium
committee of conference accepts, for the time pay provisions In title 5, United States Code.
being, the administration's September 24 Section 2304 of the House bill amended title
proposal as an urgently needed first step 111 5, United States Code, to authorize premium
moving toward adequate pay for the Foreign pay for Foreign Service officers other than
Service. The Federal Pay Comparability Act members of the Senior Foreign Service, as
of 1970 requires the President to establish was the practice prior to October 1, 1978.
appropriate linkages among the various Gov- The Senate amendment was designed to
ernment pay schedules and between those prevent junior FSO's from receiving pre-
schedules and the private sector. It is clear mium pay. However, the amendment also
that recent administrations have railed to
bring Foreign Service pay in line with other
pay scales. The conferees are not convinced
that this proposal achieves the statutory
mandate of pay equality. It does, however.
move in the right direction.
In setting pay levels for the Foreign Serv-
ice, the President 'should take the following
special characteristics of Foreign Service
duty, among others, into account: (a) the
requirement that any member of the Foreign
Service serve In any country to which he or
she is assigned; (b) the extraordinary threat
to personal safety in peacetime as well as In
war; (c) the continual scrutiny of Foreign
Service members and their families by for-
eign audiences; and (d) the accountability
of the Foreign Service for the actions of the
United States abroad.
WITHIN-CLASS SALARY INCREASES
The House bill provided that members of
the Foreign Service paid under the Foreign
Service Schedule shall receive within-class
step advances after 52 weeks of service in
each of the first 0 steps of each class and
after 104 weeks of service in steps 10 through
13. The provision also authorizes denial of
within-class salary increases by selection
boards based on inadequate performance and
additional step increases by the agency head
continued special differentials for Foreign
Service officers assigned additional work. Sec-
tion 2304 of the Senate amendment con-
tinued the existing exclusion from premium
pay of Foreign Service officers, but specified
that compensatory time off could be
provided.
The conference substitute in sections 412
and 2304 adopts the'Senate amendment but
adds language requiring reports to be made
to the Committee on Foreign Affairs and the
Committee on Foreign Relations should lim-
itations be placed on the dollar amounts of
special differentials or the number of people
to whom they can be paid.
REPORTS TO CONGRESS ON ASSIGNMENTS ABOVE
OR BELOW PERSONAL RANK
The Senate amendment In section 502 re-
quired an annual report to Congress on For-
eign Service personnel assigned to positions
classified more than one grade higher or lower
than the personal rank of the individuals as-
signed to those positions.
The House bill contained no comparable
provision.
The conference substitute in section 2402
adopts the Senate amendment.
FOREIGN SERVICE AWARDS
based on especially meritorious service. Lne oenate amendment directed the Presi-
dent to establish a program of Foreign Serv-
The Senate amendment contained a similar Ice awards recognizing distinguished, merf-
-provision, but did not specify the frequency torous service to the Nation by members of
of within-class salary increases. Instead, It the Foreign Service, including extraordinary
authorized the Increases to be granted at valor in the face of danger to life or health.
periodic intervals leaving the time period to The House bill contained no comparable
be set by agency regulation.
PREMIUM PAY FOR FOREIGN SERVICE OFFICERS committee of conference notes that since
The House bill in section 412 authorized current law provides for monetary awards,
the Secretary to pay special differentials to these new Foreign Service awards will not be
Foreign Service officers required to perform monetary.
additional work on a regular basis in sub- CAREER DEVELOPMENT
stantlal excess of normal requirements. How- The House bill in selection 703 (c) directed
ever, such a differential would not be payable the Secretary in general terms to design
with respect to work for which additional training programs to encotirage and foster
career development for members of the For-
eign Service.
The Senate amendment In section 703(b)
directed the Secretary in more specific terms
to establish a professional development pro-
gram for the members of the Foreign Service
throughout their careers, and described the
emphasis that should be given in this pro-
gram at various career stages.
The conference substitute incorporates the
Senate amendment as a new section 703
which deals exclusively with career develop-
ment. The substitute also adds language em-
phasizing training In management skills.
MANDATORY RETIREMENT
The House bill raised the mandatory re-
tirement age for participants in the Foreign
Service and Disability system from 60 to 65.
The Senate amendment retained the exist-
ing law's mandatory retirement age of 60.
The conference substitute in section 812
is the same as the House provision. The com-
mittee of conference notes that this new re-
quirement reflects-the advances made since
1946 in such areas as life expectancy, avail-
ability of health care facilities, and trans-
portation. The retention of a mandatory re-
tirement age is deliberate and reflects the
demonstrated correlation between advanced
age and overseas assignability of members of
the Service. In view of the strong reaffirma-
tion of the requirement of worldwide avail-
ability for members of the Foreign Service,
the problem of assignability will not lessen
appreciably.
FORMER SPOUSE ANNUITY
The House bill authorized courts to divide
retirement and survivor's benefits between
participants and former spouses, thereby ex-
panding existing law to allow court division
of survivor's benefits.
The Senate amendment provided for a pro
rata division of retirement and survivor
benefits between a participant in the Foreign
Service Retirement and Disability System
and his or her former spouse, provided for
court modification of any pro rata division,
and mandated a point election of the par-
ticipant and his or her spouse or former
spouse for any waiver of survivor's benefits.
The conference substitute adopts the Sen-
ate amendment with three modifications.
First, the effective date provision (section
2403(e)(2)) is revised to provide that the
provisions relating to the rights of former
spouses to receive survivor annuities shall
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S temhgr 30 1980 CONGRESSIONAL RCO -SENATE a all
VP 9 iduals
who be-
adop apply only in the case tie effective date aHouse mendment which wastmodin su eled aftteerr tittlle Vin the to be II of Government fordthe purrposeeof any benefit
mak fear tliatehap ter Personnel Managementrteree by the Office o
come former spouses after Act of 1978. the Civ of this bill (February 15, 19881) an$eindidid- conferees ~hi oReform
du provision to t the to per
legislative hisor~oftthecReform Act, except provision~~s bill contained no comparable
ual l who, prior to effective to bill, 10 is
had a former spouse, rovided in the The conference substitute in section 2203
survivor benefit for that former spouse (sec- where As a specific departure is p
tlon 2109). Third, new provisions are added bill. As an example of a departure, the bill (d) is similar to the Senate amendment, but
to their oa spousal respective agency responsibilities t(such asst the Uniform a Federalt ethe mployee ffornpis to be urposestofa
permit the parties enter
agreement work. rights uwith paspsc agreement Standardized Regulations Issued under b men's compensation, retirement, and health
will be under chapter 8. Such an will thus given the .ses effect aas a djust theirrr sorder, U.C. pec- sstri t definitionaof "Government-wide". On MODEL Y FOREIGN LANGUAGE COMPETENCE POSTS
and rhos the parties May y d The House bill in section 2207 directed the
tive rights without the necessity of obtaining the hand, bills are consistent and re- Secretary of State to designate gosh st two
LIMIT ON TOTAL COMPENSATION OF REEMPLOYED Civil Service Reform Act of 1978 (S. Rept. Foreign ing cat which all employees- ak.
ANNUITANTS 95-1272, p.158) , which stated that the stand- ent countries
assigned will be required to per-
The House bill continued existing law lira- a rd for determining whether a proposal 1s manseas e appropriate will be required to o-
iting the annuity payable to a reemployed nonnegotiable Is whether it "prevents the an level of language compe-
iautvie-
ce are of
Foreign Service annuitant to that portion agency from acting at all". Consistency with sense. Exceptional le having such competen assignments
which, when combined with the salary of labor-management relations policy in the uals to not meet unanticcompe ence res.
tho position In which reemployed, does not domestic Civil Service led the conferees to Ized The Senate amendment contained no Com-
exceed in any year the basic salary of the adopt generally the Senate approach on the
member on the date of retirement from the issue of representation before the Grievance parable provision.
The conference substitute in section 2207
Foreign Service. Board which is discussed above. is identical to the House provision.
The senate amendment permitted the re- PAY AND BENEFITS PENDING CONVERSION RETIREMENT FOR BINATIONAL CENTER
employed annuitant to receive and retain so EMPLOYEES ouse
for
salary
Interim con- much of his or her annuity which position in version Hto theilnewoForeign Service The Senate amendment in section 2207
p e2lga onnel salary
the provided that any Individual appointed as
lexc seesad in lar ary any for schedule and Foreign service Senior
year the cu, a Binational Center Grantee who completed
current equivalent of mp
effective
the class from which the member retired. rolls immediately Including those the e effectia ve date or
of the The conference .souse titute pro inoection 824 is ve ted to the Civil Service under i~~i n be con. 2104. 5 unner years aService ny otth Act satisfactory oY 1ointme service as as a may under grantee the r
e become a
the same as the House provision. It also provided for an effective date for such lg
pay conversion earlier than the effective participant In the Foreign Service Retire-
USE OF UNITED STATES PRODUCTS IN REPRESEN - meat and Disability System and make ap-
TATION date of the act.
The senate amendment directed the Sec- The Senate amendment permitted the im- propriate contributions, including re m-
retary, to the maximum extent practicable, mediate pay conversion of all Foreign Serv- bursements, to the fund under provisions e act. to provide for the use of United States prod- ice officers to the new pay system, as well ofThe House bill contained no comparable
ucts, Including American wines, in the ex- as those reserve and staff personnel who are revision.
ercise of representational functions. determined to be available for worldwide as- P
The House bill contained no comparable signment. The amendment provided for The cohference
identical to heitute in section 80
provision. salary conversion of those Foreign Service (c)
The conference substitute in section 905 personnel in the -domestic category to the with certain conforming changes.
? is the same as the Senate amendment. appropriatsubject. grade to retrpoatin the ive salary read- . The RETIREMENT
Senate ided
vwu......., - justment if there was a subsequent deter-
ADMINISTRATIVE LEAVE IN GRIEVANCES
The House bill in section s) provided mination of an erroneous designation.
that the grievant and any representative of The conference substitute 1n section 2101
the grievant or witness in a grievance pro- incorporates the House provision with a con-
employee who is a member of the Service or forming change.
employee of the Department shall be given
reasonable periods of administrative leave. CONVERSION OF DOMESTIC PERSONNEL IN ICA
The Senate amendment contained similar The, House bill in section 2104(b) -provided
provisions, but also provided that any wit- that the beginning of the 3-year period for
ness or representative who is under the con- conversion to Civil Service .status of individ-
trol, supervision or responsibility of the De- uals in the Foreign Service who are not avail-
partment shall be given administrative leave. able for worldwide assignment be deferred
The conference substitute In section 1103 until July 1, 1981 with respect to individuals bar (b) (3) and 1103(c) is the same as the House gain gagreement. Prior to thatldae the af--
provision.
g7EPRESENTATION IN GRIEVANCE PROCEEDINGS feted personnel retain their current status.
The House bill in section 1103(b).(1) re- The Senate amendment contained noom a
quirecl that a grievant who is a member of datory conversion requirement applicable
a bargaining unit represented by an exclu- domestic Foreign Service personnel in the
sive representative be represented by that ex- International Communication Agency.
clusive representative in grievUncs, other The conference substitute is the same as
than those relating to separation from the the House provision with a conforming
Foreign Service change to provide for Immediate pay con-
The The Senate amendment provided that version.
every grievant has the right to a represent- PEACE CORPS USE OF FOREIGN SERVICE AUTHORI-
ative of his or her own choosing in every TIES
grievance. The House bill authorized the President to
The conference substitute incorporates continue qo.utilize the Foreign Service per-
the Senate amendment, with an amendment sonnel authorities for the Peace Corps.
providing the exclusive representative with The Senate amendment limited the Presi-
the right to appear at all grievances involy- dent's authority to utilize the Foreign Serv-
ing members of the bargaining unit. ice authorities in the Peace Corps to in-
The committee of Conference notes that dividuals who performed duties which rea-
section 1014 of the bill provides for settle- conably required availability for worldwide
ment of disputes between management and assignment.
the exclusive representative over the imple- The conference substitute in section 2202
mentaation of collective bargaining agree- (b) (2) is Identical to the House provision.
These procedures include appeals to
TUS OF CHAIRMAN OF THE OECD DEVELOP-
ints
.
STA
p
m
o
the Foreign Service Grievance Board of is- MENT ASSISTANCE COMMITTEE spouses, and the effective date oY pay con-
sues similar to those presented to the Griev- The Senate amendment provided that the version, described above.
al oases
id
.
u
ante Board in indiv
the
chairman
senate
the
note
nferees
The
ECD' House ersions of chapert10 did not differ. ante Commit ee,who is appoiin reed m ands pad Mr. PELL. Mr. President, I suggest
The chapter 10 provisions resulted from an under the Foreign Assistance Act of 1961, is the absence of a quorum.
Civil Service retiremens steep, uv .woe
Federal employees who served in Radio Free
Europe, Radio Liberty. Radio Free Asia, the
Asia Foundation, or the Armed Forces Net-
work, for the period of such service.
The House bill contained no comparable
provision.
The conference substitute in section 2315.
is similar to the Senate amendment with
certain technical and conforming changes.
The committee of conference does not in-
tend this provision or the previous provision
concerning Binational Center Grantees to
set a precedent for Civil Service or Foreign
Service retirement credit for any other non-
Federal service.
EFFECTIVE DATE
The House bill provided that the act shall
take effect 90 days after enactment, subject
to certain exceptions with respect to per-
sonnel actions based on the current Foreign
Service evaluation cycle, appointments to
the Senior Foreign Service by the Secre-
tary of Commerce, and mandatory retire-
ment.
The conference substitute in section
803(c) is identical to the Senate amendment
with certain conforming changes.
The conference substitute in section 2403-
adopts an effective date of February 15, 1981
for the bill in general, and retains the House
provision's exception regarding mandatory
retirement (effective on date of enactment),
the current Foreign Service evaluation cycle,
and Senior Foreign Service appointments by
the Secretary of Commerce. It also reflects
the agreement of the committee of confer-
ence concerning the prospective application
rovisions regarding annuities for former
f
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CONGRESSIONAL RECORD -SENATE September 0, 1980
The PRESIDING OFFICER. The clerk The solution of the administration
e
i
was
dented this provision as change from
will call the roll, to continue to disregard the 1946 statute current law; the burden, ha erefore will be
The assistant legislative clerk pro- and, instead, to create a new bureau- upon the Department to insure that the
ceeded to call the roll. cratic layer by this act on top of the For- Provision was intended, and will in actu-Y
Mr. ROBERT C. BYRD. Mr. President, egin Service, modeled on the Civil Serv- ality, operate in a balanced manner.
I ask unanimous consent that the order ice's Senior Executive Service. Its real Similarly, another portion of the text
for the quorum call be rescinded. Intent, I am afraid, is to be a device to of the bill is also open to manipulation
The PRESIDING OFFICER. Without speed up the retirement 'of selected offi- because of an unfortunate ambiguity.
objection, it is so ordered. cers in the overcomplement in the higher It is noteworthy that the bill states,
Mr. HELMS. Mr. President, even officer levels, eliminating the most ex- in section 610, that-
though I participated in the deliberations perienced officers who have resisted the The hearing provided under this paragraph
of the conference I cannot support the ideological politicization of the service, shall be in accordance with the hearing pro-
adoption of its report. While the confer- The additional safeguards which were cedures applicable to grievances under sec.
ence expeditiously resolved the disagree- added to protect these officers have the tion 1106, and shall be in lieu of any other
ments between the Senate and the House effect, however, only of guaranteeing administrative procedure authorized or re-
versions of the legislation, the issues tenure and, for the first time, giving for- quires by this or any other law.
available for resolution were not suM- eign service officers a virtual contract of This language may be open to an inter-
cient, even when resolved, to constitute 3 to 5 years. This guarantee was rein- pretation that may seriously limit a
equitable reform of the Foreign Service forced by raising the mandatory retire- grievant's rights. For example, the lan-
system. Consequently, as I say, % can- ment age to 65, an act most beneficial to guage raises doubt as to whether an in-
not support the final proposal, the senior grades. Nothing could be more dividual grievant in a separation-for-
The fundamental flaw of the proposed contrary to the idea of "up or out." On the cause case is entitled to have the decision
legislation is the creation of the Senior one hand it rationalizes past disregard of of the grievance board reviewed by the
Foreign Service. A rank-in-person sys- the will of Congress, and on the other, it Equal Employment Opportunity Com-
tem for the higher grades basically is simply duplicates the problem which al- mission, and, where necessary, to obtain
incompatible with the traditional career- ready exists, most significantly at the a trial de novo for the discrimination
consistent rank-in-person concept which new supergrade levels. The Foreign Serv- claim in district court. Both prvate in-
has applied heretofore. The traditional ice Act of 1980 will not cure personnal dustry and all Government agencies are
system, modeled on the Navy's career management problems; indeed, it will subject to these statutorily-based proce-
system terminating in flag officer com- double their magnitude. dures. It is to be presumed that the
mand, had produced some of the most While the bill was being considered in State Department has not been seeking
outstanding foreign service officers in the committee, % introduced reform legisla- congressional approval to prevent imple-
past, tion which attempted to go to basic is- mentation of the full effect of the equal
The new Senior Foreign Service officer sues, reinvigorate the morale of the For- employment statutes. My system is borrowed from the Civil Serv- eign Service by increasing rewards in amendment to the grievance chapter, re-
ice Senior Executive Service. While the recognition of its elite character, and re- jetted by the Senate, would have erased
concept may have some possible utility store the original concept of the Foreign any of these ambiguities.
in the Civil Service, with its largely Service by giving the Secretary and the The lack of sufficient grievance safe-
rank-in-job categories, the new Senior Congress the tools to make the selection guards in the present bill, the duplication
Foreign Service system produces a harm- up or out process work. These reforms of a redundant labor/management bu-
ful
breech in the traditional service with were proposed on the Senate floor as well reaucracy, the failure to provide a mech-
its eclectic and derivative standards. For as additional proposals to insure that anism to make the selection process
this reason, it is likely to lead to an un- every employee in the Foreign Service work, and the complication of the For-
fortunate Politicization of the Service, had due process in labor/management eign Service system by the addition of
not only in the partisan political party and in the grievance procedures, the civil service-based concept of a Sen-
sense, but also more importantly in its Indeed, it is particularly important for Foreign service make this legislation
establishing an eclectic corps, looking that certain provisions in the act relat- a step backward. I must vohe agasues
to its own constituency and power, rather ing to the handling of grievances do not the report be is the hope that these issues
than
than the service of the United States, remove from the Foreign Service Corps may be raised again in the not-too-
danger is made administratively any of the protections they now have un- distant future.
more likely by the layering through this der current law. Mr. PERCY.
to up. President, % urge conference gues provision of a new bureaucratic organi- I speak particularly of the right of any report on the -Fore ggn Service Act nof
zation on top of, and different from, the member of the Foreign Service to appear 1980, H.R. 6790. It represents the cul-
remainder of the Foreign Service. In- as a grievant before an independent and mination of several years of careful dis-
deed, a careful analysis of this new impartial third party. Present law and cussions within the administration and
Senior Foreign Service reveals it to be a regulation provide that members of the the Foreign Service, and between both
new insulated so-called elite group, able grievance board be appointed by mutual of them and the Congress as a whole.
to perpetuate itself at will by devices it consent of the foreign affairs agencies Though it differs in some important
can employ to negotiate with the Secre- and their counterpart exclusive repre- respects from the civil service reform
tary of State. These devices can lead to sentatives. Section 1105 of the conferees legislation approved 2 years ago, it re-
rewarding conformists to the group and bill creates, in the case of a disagreement flects the same objective of moderniz-
Punishing innovative and creative critics, between the agencies and the exclusive ing and rationalizing the administration
The reason for this new Senior For- representatives over the choice of a of the Foreign Service. f
in the
a so- tons e selection-o toin t he traditional cedure to choose nominees-ra her than The act provides of Pay sfor a cales within
foreign service introduced by the Depart- the automatic veto authority of any the overdue Foreign Service, pay iioof
ment of State. While the selection out party, as is the present situation. Foreign o Service , the institution an i nc
and promotion system worked extremely This provision could be manipulated so tive pay plan, the consolidation of
and an care-
well at the International Comunications that the management of the agencies fully p negotiated ated grievance and labor-
Agency, acting under the 1946 Foreign could effectively appoint an entire grie- management systems a and numerous
Service Act, it was bogged down in the vance board solely of their own choosing, other changes in the administration of
State Department, particularly in the rather than a board balanced by the the Service. It also provides new protec-
higher grades. In the State Department meaningful participation of the exclusive tidns for the families of Foreign Service
Foreign Service classes 1 and 2, for ex- representatives. This danger has been members,. including survivor and retire-
ample, there is an overcomplement of 314 carefully analyzed by the Thomas Legal ment provisions for those former spouses
officers out of 1,550 in the corps--that is Defense Fund, an organization known who served with an officer for 10 years
to say, there are, by the Department's throughout the Foreign Service to pro- or more.
own reckoning, only 1,236-jobs that re- tect the rights of the Foreign Service Mr. President, as with any measure of
quire the services of the two top classes through the judicial process. it is unfor- this kind, there are some features of the
of officers. tunate that the State Department never legislation which some Members of the
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September 30, 1980 CONGRESSIONAL RECORD-SENATE
Senate or the House might have wished
had come out differently. We in the
Foreign Relations Committee will con-
tinue to monitor the implementation of
this legislation carefully and will not
hesitate to recommend changes as they
become necessary. But on balance, 4I
513871
Mr. PELL. Mr. President, I move to
reconsider the vote by which the confer.
ence report was agreed to.
Mr. DAVITS. I move to lay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
drafting of this legislation can be proud
of the result, and I strongly recommend
this conference report to the Senate.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the conference
report.
The conference report was agreed to.
NOTICE
Incomplete record of Senate proceedings. Senate proceedings for today will be continued in the next
issue of the Record.
RECESS TO 1 P.M. TODAY
Mr. ROBERT C. BYRD. Mr. President,
if there be no further business to come
before the Senate, I move, in accordance
with the. order, that the Senate stand in
recess until 1 p.m. today.
The motion was agreed to; and at 2:52
a.m., the Senate recessed until today,
Wednesday, October 1, 1980, at 1 p.m.
NOMINATIONS
Executive nominations received by the
Senate September 30, 1980:
. NATIONAL RAILROAD PASSENGER CORPORATION
Charles Luna, of Texas, to be a Member of
the Board of Directors of the National Rail-
road Passenger Corporation for a term expir-
ing July 18, 1984 (reappointment).
Mississippi RIVER COMMISSION
Brig. Gen. Hugh Granville Robinson, 577-
44-1975, U.S. Army, to be a Member of the
Mississippi River Commission, under the pro-
visions of section 2 of an Act of Congress,
approved 28 June 1879 (21 Stat. 37) (33
U.S.C. 642).
IN THE NAVY
James D. Cotelingam, U.S. Naval Reserve
officer, to be appointed a permanent lieu-
tenant commander in the Medical Corps of
the U.S. Navy, subject to qualification there-
for as provided by law.
Lt. Commander William D. Kahl, U.S. Navy,
retired, to be reappointed a temporary lieu-
tenant commander, limited duty, from the
Temporary Disability Retired list, subject to
qualification therefor as provided by law.
The following-named ex-U.S. Navy officers
to be appointed permanent captain in the
Medical Corps in the Reserve of the U.S.
Navy, subject to qualification therefor as
provided by law:
Matthew J. Cerny, Jr.
William R. Rundles.
Douglas E. Cameron, ex-U.S..Naval Reserve
officer, to be appointed a permanent captain
in the Medical Corps in the Reserve of the
V.S. Navy, subject to qualification therefor as
provided by law.
The following-named civilian college grad-
uates to be appointed permanent commander
the Medical Corps in the Reserve of the U.S.
Navy, subject to qualification therefor as
provided by law:
Lewis E. Curies.
LaMoyne W. Hickman.
The following-named civilian college grad-
uates to be appoined permanent commander
in the Medical Corps in the Reserve of the
U.S. Navy, subject to qualification therefor as
provided by law:
Donald S. Chambers Hope J. Parts
Don L. Gardner William Weathers, Jr.'
The following-named U.S. Navy officers to
be appointed temporary commanders in the
Medical Corps in the Reserve of the U.S.
Navy, subject to qualification therefor as
provided by law:
Forrest 0. Beaty.
Russell C. Packard.
Gerald R. Fabry.
Luis G. Estrera, Jr., bivilian college gradu-
ate, to be appointed a temporary commander
in the Medical Corps in the Reserve of the
U.S. Navy, subject to qualification therefor
as provided by law.
Jeffrey G. Miller, of Maryland, to be an
Assistant Administrator of the Environ-
mental Protection Agency, vice Marvin B.
Durning, resigned.
U.S. INTERNATIONAL TRADE COMMISSION
Gardner Patterson, of the District of Co-
lumbia, to be a Member of the U.S. Interna-
tional Trade Commission for the remainder
of the term expiring June 16, 1981. vice Italo
H. Ablondi, resigned.
IN THE NAVY
Rear Adm. Richard A. Miller, U.S. Navy, to
be Director of Budget and Reports in the
Department of the Navy for a term of 3 years
pursuant to title 10, United States Code,
section 5064.
NATIONAL TRANSPORTATION SAFETY BOARD
Elwood Thomas Driver, of Virginia, to be a
Member of the National Transportation
Safety Board for the term expiring December
31, 1985 (reappointment).
WITHDRAWALS
Executive nominations withdrawn
from the Senate September 30, 1980:
Robert E. Baldwin, of Wisconsin, to be a
Member of the U.S. International Trade Com-
mission for the remainder of the term ex-
piring June 16, 1981, vice Italo H. Ablondi,
resigned, which was sent to the Senate on
November 30, 1979.
Frank T. Cary. of Connecticut, to be a
Member of the Board of Directors of the U.S.
Synthetic Fuels Corporation for a term of
6 years. which was sent to the Senate on
September 19, 1980.
Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8