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would put all such people into the unclassified service. The gentleman is trying to say that we do not have competent people in the classified service

The CHAIRMAN. The gentleman from Florida has the floor. To whom does he yield?

and should be staffed with the most able, the most conscientious and dedicated people that we can find here in America who will volunteer for that purpose. Mr. HAYS. Mr. Chairman, will the gentleman yield?

I yield Mr. THOMSON of Wisconsin. I yield

Mr. FASCELL. Mr. Chairman, I yield to the gentleman. to the gentleman from Ohio.

Mr. HAYS. I am saying that the gentleman is trying to shackle the State Department to the extent of saying that if there is not a topnotch fellow available, it could put in a fellow who is not.

That is about what it amounts to. The people who came before our committee admitted it and summed it up. They are not worried about it at the present moment. What they are worried about is that in the future these people coming in may not join their union and may not pay dues. I have supported unions, but it looks to me as though the Government ought to be able to run itself and not have it run from some lobbyist's office downtown.

Mr. OLSEN of Montana. Mr. Chairman, will the gentleman yield?

Mr. FASCELL. I yield to the gentle

man.

Mr. OLSEN of Montana. This is not a union amendment but one which comes out of a group of us who are members of the Committee on Civil Service. We think these positions that have historically been under civil service should remain civil service. We are not trying to take a thing away from the Foreign Service but are saying that those jobs and duties and things that have historically been civil service should remain civil service. The people in them should be protected under the Classified Act, as they have been historically.

Mr. FASCELL. Mr. Chairman, as I said when I arose and as I say after having heard this discussion, I am still opposed to the amendment.

I yield back the balance of my time. Mr. THOMSON of Wisconsin. Mr. Chairman, I rise in opposition to the amendment.

Mr. Chairman, I rarely find myself in the position of taking the time of this committee to support a measure which the administration asks for, but today I think that the national interest is vital and I am not in agreement with those who say "Keep the status quo-keep America where it is today." I am in favor of moving it forward. I want to commend this administration for having the courage to come in here over the objections of the entrenched civil service people and propose to do something for this country. It is amazing that they have done as well as they have been able to do with one hand tied behind their back. Foreign affairs programs require flexibility in assignment. This is not possible now because some employees are under civil service while others in the departments are under the Foreign under the Foreign Service. They have a hydra-headed monster that they are trying to administer in the interest of giving America the visage and the showplace that we need in foreign countries. Our embassies and our consulates should be showplaces

Mr. HAYS. I just want to call the attention of the House to the fact that the gentleman in the well now is a former Governor of one of our large States and probably has had more experience in administration than anybody I know of in this body. He is well aware of the problems of administration. He sat on the subcommittee and asked many searching questions. He was the reason why we adopted a great many of the amendments in this bill. I think that his statement for this bill is probably more significant than the statements of any of us who have spoken on it because of his background and experience as a Governor and administrator.

Mr. THOMSON of Wisconsin. I thank the gentleman from Ohio.

It is true that I spent many years at another level of government in trying to establish an adequate system of civil service, but as I look at this, this is not a question of civil service but of a merit system in contrast to civil service. You go in here voluntarily on your own merit and you stay there if you show the merit and are able to do the job for America. Today, if you have a very able man downtown in the State Department who is under civil service and does not want to go overseas, then they cannot send him overseas. America then loses the service of that man in the capacity he should be serving in. If they are under civil service, they stay there until they are 70 years of age. But the volunteers who want to serve overseas for America are retired at age 60. There are all kinds of problems and difficulties and complications. I think it is a shortsighted policy for the members of the Civil Service Committee to come before this House and say, "Let us keep the status quo." I do not agree with that policy. I would like to help this administration. I have confidence that the men who will be administering it will do so in the best interests of the Government of the United States. There are many things I do not like that happen downtown, but I want to stand today with the people who want to give this administration an opportunity to give this great Republic the best image that it is possible to give it all over image that it is possible to give it all over this world.

I refer the gentleman to page 6 of the report, about the middle of the page, where it says:

Any participant who is appointed as a Foreign Affairs officer or as a staff officer or employee without a break in service in excess of three calendar days shall remain a participant.

What does that mean? What is a participant-3 days? He is a participant for 3 days?

Mr. ADAIR. Mr. Chairman, if the gentleman will yield, I do not have the report in my hand, but I think that refers to Foreign Service retirement.

Mr. CUNNINGHAM. After only 3 days then he may participate in Foreign Service retirement. That is really something.

The CHAIRMAN. The time of the gentleman from Wisconsin [Mr. THOMSON] has expired.

Mr. ADAIR. Mr. Chairman, I move to strike out the requisite number of words.

Mr. Chairman, it seems to me that the question which must be now in the minds of members of this committee is whether or not we are prepared to take the steps necessary to give the Department of State, the AID, and the USIA an opportunity to improve the quality of the service which men and women are rendering to our Nation. It is just as simple as that. Are we going to give them the ability? Are we going to give them the flexibility? Or, are we going to say, yes, certainly, we will protect civil service rights and we will protect veterans' preference rights to every degree possible? We are here today charged with legislating for the benefit and the welfare of all of the people of all of our country. It is true that some people may have to forgo some of the small civil service benefits. It is true that to a very limited degree, the most limited possible, there may be some diminution of veterans' preference rights.

But I would say, Mr. Chairman, that the overriding question before us is the national welfare, the importance of building a separate and distinct Foreign Service, one that can render the type of service that our country needs.

Mr. Chairman, I would conclude by saying again, because there are some in the room who did not hear it earlier, that one of the strongest proponents of this bill was John Macy of the Civil Service Commission. If he had not come before us and made the strong statement which you will find in the record of the hearings, this bill would not be before us today. In the national interest Mr. CUNNINGHAM. Mr. Chairman, John Macy said, in effect, we need legislation of this kind to strengthen our will the gentleman yield?

Mr. THOMSON of Wisconsin. I yield Foreign Service.
to the gentleman.

Mr. CUNNINGHAM. Mr. Chairman,
I certainly do not think that any of us
on either side of the aisle who support
this amendment feel that the State De-
partment is on trial.
partment is on trial. We do not think
that this is something that is going to
that this is something that is going to
make a great State Department out of a
weak one, if that is what is inferred to
weak one, if that is what is inferred to
here. We are more concerned with the
here. We are more concerned with the
details of protection of the civil servants
in this Government.

Mr. HAYS. Mr. Chairman, will the gentleman yield?

Mr. ADAIR. I yield to the gentleman from Ohio.

Mr. HAYS. Mr. Chairman, I think it needs to be said for the benefit of those who were not here during the general debate that in the first place nobody has to leave the civil service who does not want to. The new people coming in have to come in under the Foreign Service provisions. But the Foreign Service is

not without protection. This is not a willy-nilly organization from which you can fire somebody if you do not like the color of his hair. He has to be in the bottom 10 percent of his class, competing with other people in his grade and rank. He has to be in the low 10 percent for 3 years before he can be selected-out. This is a merit system.

This is a merit system where you have to keep producing and just stay in the top 90 percent. It is a lot like it is at many colleges today where you have to stay in the top 60 percent in order to stay in school. You just have to stay in the top 90 percent, and you can even slip down to the bottom once or twice, but you had better not stay down there too long. That is all.

Mr. GROSS. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, my friend the gentleman from Wisconsin [Mr. THOMSON] called the State Department a "hydraheaded monster," or words to that effect. Mr. THOMSON of Wisconsin. If the gentleman will yield, no, no. The gentleman is in error.

Mr. GROSS. All right, explain the

error.

Mr. THOMSON of Wisconsin. I said the system under which they are required to have a Foreign Service system and a civil service system in the same agency is a hydra-headed monster.

Mr. GROSS. I thank the gentleman for his explanation. We have the Defense Department. I do not know whether the gentleman would call that a hydra-headed or triple-headed monster. We have uninformed personnel in the Defense Department, we have Wage Board employees in the Defense Department, and we have Class Act employees in the Defense Department by the thousands, far more than in the State Department. I know of no request from the Defense Department for this kind of legislation.

The gentleman from Indiana [Mr. ADAIR] talks about solving all the problems in the State Department. I find no substance whatever in his assurance that by the enactment of this bill one

it we are speaking about the executive branch of the Government-as the gentleman from Ohio has just pointed out, it is not easy. it is not easy. It becomes a matter of very great difficulty to get people out of Government.

Mr. GROSS. If there are so many incompetents, and they are really incompetents, so much deadwood in Foggy Bottom, they can get rid of them under the Class Act.

The gentleman agrees with that, does he not? If there are so many, why have only a few charges been filed? only a few charges been filed? The gentleman gives no number of charges filed or people eliminated through the process of charges for inefficiency.

Mr. ADAIR. I would say the reason more of them have not been weeded out is because that under the civil service procedures it is difficult to do so. procedures it is difficult to do so. We are trying to make it entirely reasonable and possible and at the same time safeguard the rights of the individual and yet weed out incompetents. That is exactly the point of this portion of this bill.

Mr. GROSS. The gentleman knows very well that where there is rank incompetency and rank inefficiency, employees can be removed. The gentleman knows very well that in 1963 every one of the Class Act employees in the Department of State, with one exception, was given a meritorious rating.

Mr. ADAIR. The gentleman does not know that.

Mr. GROSS. Well, that was the figure submitted to our committee.

Mr. ADAIR. The statement that the gentleman from Iowa makes applies to AID and not to the State Department. Mr. GROSS. All right.

Mr. ADAIR. I do not have any figures on the State Department. I do know that is true of AID.

Mr. GROSS. Yes, and they are one of the agencies covered in this bill.

Mr. KREBS. Mr. Chairman, will the gentleman yield for a question?

from New Jersey. Mr. GROSS. I yield to the gentleman

Mr. KREBS. Does the gentleman or anyone else have any knowledge as to

single improvement will be made in the how many employees in these three State Department.

Mr. ADAIR. Mr. Chairman, will the gentleman yield?

Mr. GROSS. I want to ask this question, if the gentleman cares to answer it: Since there is so much inefficiency, so much deadwood we hear about in the State Department, and related agencies, how many charges were filed against these incompetents and ineffectives in the last year?

Mr. ADAIR. If the gentleman will yield, too few, as I pointed out in my remarks earlier in the afternoon.

Mr. GROSS. Well, how many? Mr. ADAIR. I do not know the exact number, but that is one of the purposes of this legislation, to make it easier to weed out these incompetent individuals.

Mr. GROSS. Yes, that is just what many of us fear, that this bill will make it too easy to eliminate people in Government.

Mr. ADAIR. If the gentleman will If the gentleman will yield, the gentleman from Ohio-I take CXI- -1465

agencies have been denied their step increases in the last 12 months?

Mr. GROSS. I have no such informa

tion, but I assume the committee, having had the hearings they claim to have had on this bill can readily provide the

answer.

Mr. KREBS. Mr. Chairman, will the gentleman yield further?

Mr. GROSS. Yes.

Mr. KREBS. Can anyone on the committee tell us how many employees in the last year have not received their step increases in these three agencies?

Mr. HAYS. I do not think we have that information, and I do not think it makes any difference. You do not deny anybody a step increase unless you want him trying to engage in sabotage. You You know that is the situation under civil service.

Mr. GROSS. I do not know that to be the system at all, and I do not think the gentleman from New Jersey knows that.

Mr. KREBS. Actually, if they are not denied increases and if they are not discharged for incompetency I fail to see any difference.

Mr. HAYS. You know and I know you cannot discharge anybody for incompetence. Let us face that. Try it sometime.

Mr. BELCHER. Mr. Chairman, I move to strike the last word.

Mr. HAYS. Mr. Chairman, I ask unanimous consent that all debate on the pending amendment and all amendments thereto close in 10 minutes.

The CHAIRMAN. Is there objection to the request of the gentleman from Ohio?

There was no objection.

not happen to be a member of the Civil Mr. BELCHER. Mr. Chairman, I do Service Committee, and I am not a member of the Foreign Affairs Committee, so I have no pride here to protect. But what I would like to have is a little information. Is it any harder to get a person discharged in the Foreign Service than it is in the postal service? they under the same rules?

Are

Mr. HAYS. My answer would be it is not an automatic procedure in the Foreign Service. As I explained earlier, if a man is in the lowest 10 percent of his class for 3 years, either successively or separately, he is automatically up for selection out. It is an automatic process. The top 90 stay and the bottom 10 go out. An individual may, of course, be served specific charges leading to preparation for cause as may be done in the civil service.

gentleman understands the question. Mr. BELCHER. I do not think the Under the present law is it harder to discharge a person under Foreign Service than it is in the postal service or any other civil service job?

Mr. HAYS. Not as far as civil service people are concerned.

Mr. BELCHER. Why is it necessary to apply this method of getting rid of these incompetents to just one branch of Government? If your postal clerk or postmaster or supervisor or anybody else get him out of there as to get a man out is incompetent, it is just as important to of the Foreign Service who is over in Great Britain.

Mr. THOMSON of Wisconsin. Mr. Chairman, will the gentleman yield?

Mr. BELCHER. I yield to the gentleman from Wisconsin.

Mr. THOMSON of Wisconsin. I think this question of getting rid of people is irrelevant to the matter before us. The principal reason for section 2 is to provide flexibility in the administration of our problems in foreign lands. If one part of the employees is under civil service and another part is under Foreign Service, it is a complicated matter of jurisdiction.

Mr. BELCHER. By "flexibility" you mean the opportunity of somebody to fire somebody?

Mr. HAYS. Not at all. In this particular amendment-you may make that argument later on, perhaps. Mr. BELCHER. formation.

I am asking for in

Mr. HAYS. In this particular amendment we are talking about the flexibility of assigning people at home and abroad. Let me say there is too much emphasis on getting rid of people. We are not really trying to get rid of them, we are trying to get them in a position so that they cannot be gotten rid of.

Mr. BELCHER. The real desire is that somebody can select people without going through the civil service channels. Is that correct?

Mr. THOMSON of Wisconsin. They will be selected on a merit examination. Mr. BELCHER. But not under civil service?

Mr. THOMSON of Wisconsin. No; not under the civil service, but under the Foreign Service.

Mr. BELCHER. Who passes on the merits? That is what I want to know. Mr. THOMSON of Wisconsin. The administration of the State Department passes on them.

Mr. BELCHER. That is what I thought. That is exactly the way these 5,400 poor boys got jobs in the Post Office Department this summer, under selection and under some kind of merits, recommended by the Congressmen from that congressional district. I am wondering if you are now going to establish a system-if it works as good as it did this summer-if the Foreign Relations Committee wants to establish that Foreign Service so that they can do the same thing.

Mr. HAYS. They are selected after an examination that is given under the Foreign Service entrance examinations. If the gentleman does not believe me, ask some of your constituents who have taken them-those who have passed and those who have not. It is the toughest entrance examination there is.

Mr. BELCHER. If they are going to be selected that way, then I cannot see the need for flexibility here.

Mr. GROSS. I wonder if this bill provides examinations for all personnel.

Mr. BELCHER. I do not know what it provides for. I am trying to find out what is so desirable about the State Department selecting people that they desire to send overseas and not have to pay any attention to the civil service. I know the Postmaster General would like to do that too. I know other departments that would like to do that. So if it is desirable for the Foreign Service, would it not be just as desirable for the postal service, the national defense, or any other department?

Mr. ADAIR. Mr. Chairman, will the gentleman yield?

Mr. BELCHER. I yield.

Mr. ADAIR. It certainly would not be desirable for the postal service. The postal service people are not out where policy is being made, or again as was said earlier, where decisions relating to questions of war or peace are being made. This is a completely different situation.

The CHAIRMAN. The time of the gentleman has expired. The Chair recognizes the gentleman from Minnesota [Mr. NELSEN).

Mr. NELSEN. Mr. Chairman, I am elated that there suddenly has developed a great interest in the civil service laws

of the land. I might point out to the gentlemen who have so eloquently spoken in support of the civil service, I would welcome their support in getting enforcement of the laws that have been violated, this includes violations of the Hatch Act and the Corrupt Practices Act. The documentation is in the record of the FBI and the Civil Service Commission, one of the violators got in my opinion, a rather ridiculous punishment he was promoted to a job that paid more money and that gave him more responsibility. That is a matter of record.

I might further point out in the home rule bill discharge petition that was on the desk here, under that bill Federal employees and District employees are permitted to participate in partisan city elections. We have over 200 signers of that petition, which is the beginning of the end of the civil service. I believe in the civil service. I helped to enact the the civil service. I helped to enact the laws in my own State of Minnesota setting up our civil service system. Yet we see turnstiles going around and around and Federal employees being herded through, being solicited for funds for political donations, including contributions for some Members of Congress. I believe when executive persons solicit in Federal buildings, they should be punished, but they have not been punished. We have here today witnessed a performance of declared support for the civil service laws of the land and yet many Members of of the land and yet many Members of Congress close their eyes while the pockets of the Federal employees are pockets of the Federal employees are picked for partisan purposes.

I ask the help of Republicans and Democrats to see to it that the civil service laws of the land be respected and the security and integrity of the Federal employees be preserved.

The CHAIRMAN. The Chair recognizes the gentleman from Alabama [Mr. BUCHANAN].

Mr. BUCHANAN. Mr. Chairman, I thank the gentleman from Oklahoma for bringing up a very logical and basic argument. It seems to me, with all due respects to the chairman and other members of this subcommittee, this is against the class act itself and against the civil service itself. If it is not possible to weed out incompetents in the State Department who are civil service employees, I do not see why this is not also true in other agencies. It would seem to me the same principles apply, and that this is a challenge to the competence of the civil service system.

Mr. BELCHER. Mr. Chairman, will the gentleman yield?

alternative to the civil service program that we have now. I certainly agree that the civil service is greatly abused.

The mere fact that civil service employees are solicited would not make it any better. I do not think there would be any less solicitation if the President got the employees.

Mr. BUCHANAN. Mr. Chairman, I support the gentleman from Montana in all three of his proposed amendments and urge their adoption by this body. By so doing we shall simply, in one amendment, guarantee to certain veterans employed by the State Department, a continuation of the same preference afforded them by every other department of Government, and in the other two amendments continue the class act benefits of civil service employees of the State Department. As has been pointed out, State is not the only Department to have both civil service and other employees. It has no unique need to eliminate class act employees from its ranks. This could, therefore, be the beginning of the end of the civil service system with its protection of the rights of people in Government service, and its function as a check and balance against the power of such executive agencies as the State Department. I urge adoption of this and the other amendments of the gentleman from Montana.

Mr. CUNNINGHAM. Mr. Chairman, there has been some talk here about not being able to get rid of incompetents. I have been on the Post Office and Civil Service Committee for 9 years. I have studied that question as well as the act we are talking about today.

There are always ways to get rid of incompetent employees. I say to the committee sponsoring this bill that if there are not sufficient tools to get rid of incompetence in the State Department, as they allege, then they are lax in their duty in not bringing us legislation to do something about it, and not to destroy the merit system, upon which so many of us have worked hard to promote, and of which we are proud. If the bill is passed, there is no question in the minds of those of us, on both sides of the aisle, who have studied the problem in depth, that we shall be on the way back to the old spoils system.

One of the speakers who is opposed to the amendment said, "This will give them more flexibility." Sure. Before we had the merit system or civil service, we had plenty of flexibility. We found out how unwise that was. That is why we have a very fine civil service system

Mr. BUCHANAN. I yield to the gen- today. tleman.

Mr. BELCHER. I would take the position that the civil service certainly is not lily white by any means and that there are incompetents that they cannot get rid of and they have people in there that should be weeded out. I do not think the alternative is to go back to the spoils system entirely.

Apparently this is going in that direction when you say to pay no attention to the civil service. The State Department can give a very tough examination and then select the person they want to send overseas. I do not think that is an

Mr. HAYS. Mr. Chairman, I do not remember a time in 17 years when there has been so much heat and so little light thrown on an issue. The pending amendment has nothing to do with the merit system. merit system. It is simply an amendment which would deprive the Department of flexibility to move people in the Department around to where they can be most effectively used.

If there is any merit system in the Government at all, it seems to me that it is in the Foreign Service system which at the present moment operates under a merit system whereby the top 90 percent

go on and the bottom 10 percent do not. It is exactly the same system which the Pentagon uses. One either moves up over a period of years or he moves out. We have that system in the Foreign Service officer category now. All we are trying to do is to protect it. There is plenty of protection to the people under civil service. They can stay in as long as they wish and until they retire. All we are trying to do is to be sure that people who come in at the bottom know the rules of the game. They will have to stay in the top 90 percent of their class, produce, and be effective. It is as simple as that.

The question was taken; and on a division (demanded by Mr. OLSEN of Montana) there were-ayes, 47, nays, 83. So the amendment was rejected. The CHAIRMAN. The Clerk will report the first committee amendment. The Clerk read as follows:

Page 2, line 2, add the following new sections:

"SEC. 3. Section 201 of such Act is amended to read as follows:

""SEC. 201. There shall be a Director General of the Service (hereafter in this Act referred to as the "Director General") who shall be appointed by the President, by and with the advice and consent of the Senate, from among Foreign Service officers in the classes of career ambassador or career minister, or in class 1.'

"SEC. 4. Section 211 of such Act is amended to read as follows:

"SEC. 211. There is hereby established the Board of the Foreign Service to be composed of the Secretary of State or an officer of the Department designated by him, who shall be Chairman; the Chairman of the Civil Service Commission; and such other members as the President may designate, including representatives of those Government agencies determined by him to be substantially engaged in foreign affairs programs and activities and utilizing the foreign affairs personnel system. The Board shall perform the functions prescribed by section 637 of this Act and such other functions as the President may prescribe. The membership of the Board shall consist of not less than seven members and, for the purpose of performing the functions prescribed by section 637 of this Act, at least one more than one-half of the then current total membership of the Board shall constitute a quorum for such purpose.'

"SEC. 5. Section 212 of such Act is amended to read as follows:

“‘SEC. 212. (a) There is hereby established the Board of Examiners for the Foreign Service the membership of which shall be determined by the Secretary and shall include representatives of those Government agencies determined by him to be substantially engaged in foreign affairs programs and activities and utilizing the foreign affairs personnel system. Not more than one-half of the membership of the Board of Examiners for the Foreign Service shall consist of Foreign Service officers.

"(b) The Board of Examiners for the Foreign Service shall, in accordance with regulations prescribed by the Secretary, make recommendations to the Secretary concerning (1) means for attracting persons of the highest caliber into the Service, (2) standards for the examination and appointment of such persons, and (3) such procedures as may be necessary to determine the loyalty of such persons to the United States and their attachment to the principles of the Constitution. The Board of Examiners for the Foreign Service shall perform such other functions and duties as the Secretary may prescribe." "

to.

The committee amendment was agreed

The CHAIRMAN. The Clerk will read.

The Clerk read as follows:

SEC. 6. Section 401 (3) of such Act is amended to read as follows:

"(3) Foreign Affairs officers who shall be appointed under section 522(a); Foreign Service Reserve officers, who shall be appointed or assigned under section 522(b);". The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 4, line 1, strike out "SEC. 3" and insert in lieu thereof "SEC. 6".

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 4, line 3, immediately after "(3)" insert: "Foreign Affairs officers who shall be appointed under section 522(a);"

to.

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

SEC. 6. Section 441 of such Act is amended

(1) by striking out "(a)";

(2) by striking out "at posts abroad"; and (3) by striking out paragraph (b).

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 5, line 1, strike out "SEC. 6" and in sert in lieu thereof "SEC. 10".

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

SEC. 7. Immediately preceding section 444 of such Act, add the following new section: rates of salary differential, not exceeding 15 "SEC. 443. The Secretary may establish per centum of basic salary, for officers or employees of the Service while they are perThe committee amendment was agreed forming duties abroad requiring frequent travel under unusually hazardous conditions."

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 4, line 5, immediately after "522" and before the semicolon insert "(b)".

to.

The committee amendment was agreed

The CHAIRMAN. The Clerk will read.

The Clerk read as follows:

SEC. 4. Section 415(b) of such Act is amended by striking out all that follows "by this section," and inserting in lieu thereof "and he may, as appropriate, establish rates for wage board positions.".

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 5, line 5, strike out "SEC. 7" and insert in lieu thereof "SEC. 11".

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 5, lines 10 and 11, strike out "under unusually hazardous conditions" and insert in lieu thereof "into hardship areas".

The committee amendment was agreed to.

The Clerk read as follows:

Page 5, line 12, section 516(b) of such act Page 4, line 6, strike out "SEC. 4" and in- is amended by inserting "or 6" immediately sert in lieu thereof "SEC. 7". after "class 7".

to.

The committee amendment was agreed

The CHAIRMAN. The Clerk will read.

The Clerk read as follows:

SEC. 5. Section 421 of such Act is amended

(1) by striking out "any Foreign Service officer" and inserting in lieu thereof "any officer of the Service"; and

(2) by striking out "as Foreign Service officer" and inserting in lieu thereof "as an officer of the Service".

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows: Page 4, line 10, strike out "SEC. 5" and insert in lieu thereof "SEC. 8".

to.

[blocks in formation]

The committee amendment was agreed lieu thereof 'so served one year, he shall be

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

SEC. 9. Section 422 of such Act is amended

(1) by striking out "Foreign Service officer or any consul or vice consul who is not a Foreign Service officer" and inserting in lieu thereof "officer of the Service"; and

(2) by striking out "Foreign Service officer or consul or vice consul" and inserting in lieu thereof "an officer of the Service".

"(2) by striking out in the first sentence all that follows if he has' and inserting in eligible for appointment to class 6 or 7.'." The committee amendment was agreed

to.

The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

SEC. 9. Section 522 of such Act is amended to read as follows:

"SEC. 522. (a) The Secretary may on the basis of merit and fitness appoint citizens of the United States as Reserve officers without time limitation, for temporary or limited service, or for such other period of service

as he may deem necessary, and may establish appropriate probationary periods for such newly appointed officers.

"(b) The Secretary may, with the consent of the head of the Government agency concerned, assign as a Reserve officer for such periods as he may deem necessary a person regularly employed in any Government agency."

The CHAIRMAN. The Clerk will report the committee amendment. The Clerk read as follows:

Page 5, line 21, strike out "SEC. 9" and insert in lieu thereof "SEC. 13".

The Clerk read as follows:

The committee agreed to.

amendment

President that such officer be commissioned

Page 7, line 12, strike out "SEC. 10" and as a diplomatic or consular officer or both. The President may, by and with the advice insert in lieu thereof "SEC. 14". and consent of the Senate, commission such was officer as a diplomatic or consular officer or both, and all official acts of such an officer while serving under a diplomatic or consular commission shall be performed under his commission as a diplomatic or consular officer.'

The CHAIRMAN.

The Clerk will report the next committee amendment. The Clerk read as follows: Page 7, line 14, strike out "a Reserve" and insert in lieu thereof "an".

The committee agreed to.

The CHAIRMAN.

amendment

"SEC. 17. Section 534 of such Act is amended to read as follows:

""SEC. 534. No person shall be eligible for appointment as staff officer or employee who has not been a citizen of the United States The Clerk will re- for at least five years at the time of his apThe committee amendment was agreed port the next committee amendment. pointment. The Secretary may, in into. The Clerk read as follows: dividual cases, waive the five-year citizenPage 7, line 16, strike out “A Reserve" and son shall be eligible for appointment as staff ship requirement of this section, but no perinsert in lieu thereof “Any such”.

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Strike out line 23 and all that follows down through page 6, line 3, and insert in lieu thereof the following:

"SEC. 522. (a) Under such regulations as the President may prescribe, persons who have been citizens of the United States for at least five years may, subject to the provisions of subsection (c) of this section, be appointed as Foreign Affairs officers without time limitation

"(1) to classes 1, 2, and 3 by the President, by and with the advice and consent of the

Senate, or

"(2) to classes 4, 5, 6, 7, and 8 by the President alone or by the Secretary when directed by the President.

The Secretary may establish appropriate probationary periods for such officers. Except

as otherwise determined by the President, all provisions of this or any other law applicable to Foreign Service Reserve officers are hereby extended to and shall be applicable to Foreign Affairs officers."

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

On page 6, strike out lines 18 through 21, and insert in lieu thereof the following:

"(b) Persons who have been citizens of the United States for at least five years may, subject to the provisions of subsection (c) of this section, be appointed by the Secretary as Reserve officers for temporary or limited service, or for such other periods of service as he may deem necessary. The Secretary may, with the consent of the head of the Government agency concerned, assign as a Reserve officer for such periods as he may deem necessary a person regularly employed in any Government agency.

"(c) No person shall be eligible for appointment under subsection (a), or under the first sentence of subsection (b), of this section unless he has passed such comprehensive mental and physical examinations as the Board of Examiners for the Foreign Service may prescribe to determine his fitness and aptitude for the work of the Service."

officer or employee who is not a citizen of the The committee amendment was agreed United States at the time of his appointment.'" to.

The CHAIRMAN. The Clerk will read. The Clerk read as follows:

SEC. 11. Section 527 of such Act is hereby repealed.

The CHAIRMAN. The Clerk will report the committee amendment.

The Clerk read as follows:

insert in lieu therein “SEC. 15”.

On page 7, line 19, strike out “SEC. 11" and

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 7, line 19, strike out "is" and insert in lieu thereof "and the heading thereto

are".

to.

The committee amendment was agreed

The CHAIRMAN. The Clerk will read.

The Clerk read as follows:

SEC. 16. Section 533 of such Act is amended

to read as follows:

"SEC. 533. Whenever the Secretary shall deem it in the interest of the Service that a staff officer shall serve in a diplomatic or consular capacity, he may recommend to the President that such officer be commissioned as a diplomatic or consular officer or both. The President may, by and with the advice and consent of the Senate, commission such officer as a diplomatic or consular officer or both, and all official acts of such an officer while serving under a diplomatic or consular commission shall be performed under his as a diplomatic or consular

commission officer."

SEC. 17. Section 534 of such Act is amended to read as follows:

"SEC. 534. No person shall be eligible for appointment as staff officer or employee who has not been a citizen of the United States

for at least five years at the time of his appointment. The Secretary may, in individual cases, waive the five-year citizenship requireThe committee amendment was agreed ment of this section, but no person shall be eligible for appointment as staff officer or emto. The CHAIRMAN. The Clerk will read. ployee who is not a citizen of the United The Clerk read as follows:

SEC. 10. Section 523 of such Act is amended to read as follows:

"SEC. 523. The class to which a Reserve officer is appointed or assigned shall depend on his age, qualifications, and experience. A Reserve officer appointed or assigned for worldwide service may be transferred from one post to another as the interest of the Service may require."

States at the time of his appointment."

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 7, after line 20, add the following new sections:

"SEC. 16. Section 533 of such Act is amended to read as follows:

""SEC. 533. Whenever the Secretary shall deem it in the interest of the Service that a The CHAIRMAN. The Clerk will re- staff officer shall serve in a diplomatic or conport the committee amendment. sular capacity, he may recommend to the

to.

The committee amendment was agreed

The CHAIRMAN. The Clerk will read. The Clerk read as follows:

SEC. 12. (a) Section 571(a) of such Act is amended by inserting a period immediately after "body" and striking out the remainder of such section.

(b) Section 571(b) of such Act is amended

(1) by inserting "or if such officer is assigned to a position the salary of which is established under the Federal Executive Salary Schedule," immediately after "international body,"; and

(2) by striking out the last sentence. The CHAIRMAN. The Clerk will report the committee amendment. The Clerk read as follows:

Page 8, line 18, strike out "SEC. 12" and insert in lieu thereof "SEC. 18".

to.

The committee amendment was agreed
The Clerk will

The CHAIRMAN. read.

The Clerk read as follows: SEC. 13. Section 573 of such Act is amended to read as follows:

"SEC. 573. The Secretary may assign or detail any officer or employee of the Service to or in cooperation with (1) educational or nonprofit institutions, or with (2) trade, labor, commercial, or other organizations. Reimbursements or advances of funds may be made to applicable appropriations when received from any such institution or organization for all or any part of the salary and expenses of any officer or employee and his dependents during such assignment or detail. The Secretary may authorize such officer or employee to accept quarters, travel, and other expenses from the institution or organization."

The Clerk will report the committee amendment.

The Clerk read as follows:

Page 9, line 2, strike out "SEC. 13" and insert in lieu thereof "SEC. 19".

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will report the next committee amendment. The Clerk read as follows:

Page 9, line 6, immediately before "educational" insert "(1)".

The committee amendment was agreed to.

The CHAIRMAN. The Clerk will report the next committee amendment.

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