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October 27, 2008
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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. Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 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- Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 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 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 $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, Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 R 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. Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 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 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 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 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 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 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 Approved For Release 2008/10/27: CIA-RDP85-00003R000100080005-8 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