I am writing to provide the views of the Department of State on H.R.
6790, an enrolled bill to “promote the foreign
policy of the United States by strengthening and improving the Foreign
Service of the United States, and for other purposes.”2
The enrolled enactment represents the culmination of a two-year effort by
the Administration to obtain legislation that will serve for the Foreign
Service as a landmark comparable to the Civil Service Reform Act of
1978. The last comprehensive revision of Foreign Service legislation was
contained in the Foreign Service Act of 1946. While many of the concepts
embodied in the 1946 Act remain valid, H.R. 6790 builds on those basic
concepts in ways that will substantially improve the efficiency and the
effectiveness of the Foreign Service. In particular:
—It provides a clear distinction between Foreign Service and Civil
Service employment, and eliminates the anomalous “domestic” Foreign
Service personnel category;
—It simplifies and rationalizes the various categories of Foreign Service
personnel, and authorizes a single Foreign Service salary schedule to be
established by the President;
—It makes more uniform the statutory terms and conditions of Foreign
Service employment among personnel categories and provides for maximum
compatibility among the agencies employing Foreign Service
personnel;
—It establishes a Senior Foreign Service comparable to the Senior
Executive Service, with rigorous entry and retention standards based on
performance, and with performance pay for outstanding service;
—It provides a statutory basis for labor-management relations in the
Foreign Service, strengthens individual employee rights in ways
consistent with the Civil Service Reform Act, and gives renewed emphasis
to the principles of equal employment opportunity; and
—It strengthens the criterion of quality performance as the basis for
retention and advancement at all ranks in the Foreign Service, with
decisions based on the comparative judgments of independent selection
boards, and encourages a regular flow of recruitment, advancement and
attrition in the officer corps to assure continuous improvement and
vigor.
A draft bill for these purposes was transmitted to the Congress by
Secretary Vance on May 19, 1979,
on behalf of the Administration. After intensive deliberations by three
committees of Congress and spirited debate on a number of issues in both
the House and the Senate, the measure that has finally emerged contains
all of the authorities requested in the Administration’s proposal.
Several additional noteworthy issues were raised in the legislative
process. These issues and their disposition are described below. A more
complete analysis of the enrolled bill is enclosed.
Section 209 departs from the Administration proposal by conferring on the
Inspector General of the Department of State and the Foreign Service
authorities and responsibilities similar to those conferred on other
agency Inspectors General by the Inspector General Act of 1978 (P.L. 95–452).
Section 302 requires that nominations of chiefs of mission be accompanied
by a report to the Senate Foreign Relations Committee on the nominee’s
demonstrated competence. It also requires advance reports to that
committee before the President confers the personal rank of ambassador
on any individual.
Section 403 authorizes the President to establish the salaries for a
nine-class Foreign Service Schedule.3 The conference report
makes clear that this provision represents acceptance by the Congress of
the compromise pay schedule approved by the President last month.4 Section
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2101 makes this new pay schedule effective
from and after the beginning of the first pay period in October
1980.
Sections 806 and 814 go beyond the Administration’s proposals to provide
pursuant to court order for the sharing of retirement annuities with,
and conferral of survivor benefits on, former spouses of Foreign Service
personnel. The bill provides for pro rata shares of these benefits for a
former spouse who was married for ten years or more during an employee’s
service, based on the number of years of marriage in relation to the
length of the employee’s career. This formula, however, may be altered
by agreement between the parties or by a court order at the time of
divorce. Moreover, the formula will be applicable only in the case of
divorces occurring after the bill’s effective date.
Section 812 retains the feature of a mandatory retirement age for the
Foreign Service, as proposed by the Administration, but increases the
mandatory retirement age from 60 to 65.
Section 2104 preserves the Administration proposal for mandatory
conversion to the competitive service within three years of those
employees who are presently in the Foreign Service personnel system, but
who are available to serve only in the United States. The committee of
conference rejected a Senate amendment which would have undercut this
central feature of personnel reform by permitting domestic employees of
the International Communication Agency to remain in the Foreign Service
until they voluntarily converted to the competitive service or left
their positions with that agency.
Sections 2309 and 2311 provide authority for increasing the present
maximum 25 per cent overseas differential which may be paid to
Government employees who are assigned to foreign areas. Section 2309
authorizes a supplemental differential of up to 15 per cent of pay at
posts where adverse conditions warrant an additional recruitment and
retention incentive; section 2311 authorizes a danger pay allowance of
up to 25 per cent at posts where wartime conditions threaten physical
harm or imminent danger to health or well being. Authority to pay these
new benefits is discretionary, and they may not be paid simultaneously
so as to increase an employee’s basic pay by more than 25 per cent.
At this point our best estimate of the costs of implementing H.R. 6790
with respect to appropriation requirements of the Department
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of State, and without regard
to inflation after fiscal year 1982, are as follows:
The Department of State recommends that the President approve the
enrolled bill with an appropriate statement and ceremony to commemorate
this major legislative accomplishment of his Administration.5 The signing of this bill gives the President an
opportunity to reaffirm his commitment to personnel reform and effective
and efficient government, and to demonstrate his recognition of the
unique contributions and sacrifices made by the men and women of the
Foreign Service. In this regard, we have transmitted under separate
cover a favorable report and recommended signing statement on the
proposed Hostage Relief Act of 1980 (H.R. 7085, an enrolled bill).6 That bill provides a
variety of desirable benefits for American hostages captured in the
attacks on United States embassies abroad, many of whom are members of
the Foreign Service. Several members of Congress were instrumental in
the passage of both bills, and we believe a ceremony for the signing of
these two bills would be highly desirable. We would be pleased to
coordinate with the White House staff on contingency arrangements for
such a ceremony.
Enclosure 1
Paper Prepared in the Department of State8
Washington, undated
SUMMARY ANALYSIS OF THE FOREIGN SERVICE ACT OF
1980
The Act is divided into two titles. Title I, made up of eleven
chapters, is a permanent body of law concerning the Foreign Service
personnel system. Title II, made up of four additional chapters,
contains transitional and technical provisions, and amendments to
and repeals of other laws. The Act’s provisions are summarized
below.
TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES
Chapter 1—GENERAL PROVISIONS
Chapter 1 contains a statement of findings and objectives,
definitions, a description of Foreign Service personnel categories
and functions, and a statement of the rights and protections of
Foreign Service personnel. The statement of objectives reaffirms the
principles of merit and impartiality set out in the 1946 Act, and
refers as well to the current objectives. The definitions are
primarily adapted from the 1946 Act.
The description of Foreign Service personnel categories omits the
previous distinction between “Reserve officers” and “Staff officers
and employees.” The bill seeks to avoid distinctions which imply
preferential status to one category or another, and refers to
Foreign Service personnel throughout as “members of the Service”
rather than as “officers” and “employees.” The description of
functions of the Service includes reference to the Vienna
Conventions on Diplomatic and Consular Relations, which are
codifications of modern international practice. It also contains a
new reference to the role of the Service in providing guidance in
the field of foreign relations.
A final section in the chapter emphasizes employee rights, drawing
together and emphasizing current law with respect to the
applicability of merit principles, protection against discrimination
and reprisals for members of the Service, and equal employment
opportunity.
Chapter 2—MANAGEMENT OF THE SERVICE
Chapter 2 begins by identifying the officers who have primary
responsibility for the management of the Service. Chief among these
[Page 720]
is the Secretary of
State, who is responsible for administration of the Service under
the direction of the President. It notes that there are certain
functions that only the Secretary of State may perform, which are
expressly vested in the Secretary of State by the Act, e.g.,
issuance of government-wide regulations, administration of the
Foreign Service Retirement and Disability System, and designation of
posts as diplomatic or consular in nature.
The Act also authorizes the Director of the International
Communication Agency, the Director of the United States
International Development Cooperation Agency and, in more limited
fashion, the Secretaries of Agriculture and Commerce (and other
agency heads when authorized by law) to utilize the provisions of
the Act for their Foreign Service personnel. Chapter 2 incorporates
existing law on the authority and responsibilities of chiefs of
diplomatic missions with respect to government agencies and
personnel, which has not previously been a part of the Foreign
Service Act.
Chapter 2 requires that the Foreign Service be administered so as to
assure maximum compatibility among agencies authorized by law to
utilize the Foreign Service personnel system. It encourages among
such agencies the development of uniform policies and procedures and
consolidation of personnel functions. It continues the existing
statutory directive for compatibility between the Foreign Service
and other Federal government personnel systems.
This chapter also provides a statutory basis for two officers who
will have significant roles in the administration of the Foreign
Service. These are the Director General and the Inspector General,
both of whom are to be appointed by the President, by and with the
advice and consent of the Senate. The Director General is to assist
the Secretary generally in the management of the Service, including
interagency coordination. The Inspector General will inspect the
operations of posts abroad and offices and bureaus in the Department
of State, as well as carrying out functions assigned to Inspectors
General in most other departments under the Inspector General Act of
1978.
Chapter 2 also provides that the President will establish an
interagency Board of the Foreign Service to advise the Secretary on
matters relating to the Service, including matters concerning
interagency compatibility. The Board will be chaired by a career
member of the Senior Foreign Service, and will include one or more
senior representatives of concerned federal agencies.
Finally, this chapter provides for a Board of Examiners for the
Foreign Service to develop and supervise examinations to be given
candidates for appointment in the Service. The Board is required to
review examinations periodically for possible bias and to report its
findings annually to the Secretary of State. It will have at least
five
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members from outside
the government chosen for expertise and knowledge in the fields of
testing or equal employment opportunity.
Chapter 3—APPOINTMENTS
Chapter 3 provides the authority for appointments in the Foreign
Service, and describes the types of appointments which can be made.
Appointment as a chief of mission, ambassador-at-large, minister,
career member of the Senior Foreign Service (SFS) or Foreign Service officer
(FSO) may be made only by the
President, by and with the advice and consent of the Senate. Other
appointments in the Service may be made by the Secretary; these
include limited SFS appointments,
FSO candidates, and
appointments (limited and career) of all other American and foreign
national personnel.
This chapter is intended to strengthen the career nature of the
Foreign Service. In particular, it limits non-career membership in
the Senior Foreign Service to not more than five percent, and
retains the present maximum of five years on limited appointments to
the Service.
Chapter 3 strengthens previous expressions of Congressional policy on
the desirability of appointing career Foreign Service personnel as
chiefs of mission. It also requires additional reporting to Congress
on the qualifications of prospective ambassadors, on steps taken to
gain needed language competence, and on designations of individuals
to serve with the personal rank of ambassador.
All candidates for career appointments must first serve under limited
appointments (as is now the case for Foreign Service officers and
Reserve officers). The duration of these probationary periods will
vary, but may not exceed five years. For the Senior Foreign Service,
they will be at least four years. Records of performance by career
candidates will be reviewed by boards composed primarily of career
personnel before career appointments are granted. Retired members of
the Service may be recalled and former career members may be
reemployed without undergoing this process.
Chapter 4—COMPENSATION
Chapter 4 governs the basic salaries of Foreign Service personnel, as
well as additional compensation based on performance or conditions
of service. Chiefs of mission will continue to receive salaries at
one of the annual rates specified for levels II through V of the
Executive Salary Schedule. However, career SFS personnel who are appointed as chiefs of mission
may elect to continue to receive their normal Foreign Service salary
and continue to compete for performance pay.
The President will establish a salary range for the SFS comparable to the salaries
established by the President for the SES under the Civil Service Reform Act. Below this
level, a single nine-class Foreign Service
[Page 722]
salary schedule for American personnel will
supersede the two overlapping schedules that now exist for Foreign
Service officers and Reserve officers on the one hand and staff
officers and employees on the other. Linkages to the General
Schedule will be set by the President. Within-class salary
increases, if performance is satisfactory, will be annual for steps
2–10 and every two years for steps 11–14. Provisions are included
for use of multiple step increases for outstanding performance, and
for withholding them for mediocre performance. Foreign national
employees and consular agents will be paid on the basis of locally
prevailing compensation practices.
Members of the SFS will be appointed
to a salary class, and their promotions will be effected by
reappointment to a higher class. Foreign Service officers below the
senior threshold, however, will be assigned to an appropriate salary
class by the Secretary, and their promotions will be effected
without interruption in their Presidential appointments. This change
will permit all Foreign Service personnel of comparable rank who are
promoted to have their salaries adjusted at the same time under a
single procedure.
Chapter 4 establishes a performance pay plan for the SFS similar to that provided by the
Civil Service Reform Act for the SES. Recommendations concerning awards of performance
pay will be made to the Secretary by selection boards. Additional
awards for especially meritorious or distinguished service may be
made by the President, as is the case for the SES.
The bill retains the prohibition on premium pay for FSOs, but has new provisions which
permit compensatory time off, and which require a report to Congress
if any limitation is contemplated on the special differential in
lieu of overtime, in terms of numbers eligible or amounts paid.
Chapter 5—CLASSIFICATION OF POSITIONS AND
ASSIGNMENTS
Chapter 5 continues the existing authority of the Secretary to
classify Foreign Service positions in the Department and at posts
abroad, and to assign Foreign Service personnel to those positions.
A new subsection requires that members of the Service not be
assigned to a post in a particular geographic region solely on the
basis of race, ethnicity, or religion.
This chapter also facilitates interchange with the Civil Service by
authorizing the assignment of non-Foreign Service personnel to
Foreign Service positions for specified tours of duty and the
assignment of Foreign Service personnel to Civil Service positions.
A new feature of the bill is a limitation of four years on the
assignment of members of the Foreign Service to non-Foreign Service
positions.
[Page 723]
Chapter 5 retains the existing eight-year limitation on the
assignment of Foreign Service personnel to duty within the United
States, but allows for shorter periods to be set for specific groups
by regulation. In addition, it requires that all career Foreign
Service personnel accept the obligation to serve abroad as a
condition of employment.
At the same time, the bill recognizes the need for periodic service
by Foreign Service personnel within the United States. It directs
the Secretary to seek to assign all career personnel in the Service
to duty within the United States at least once during each fifteen
years of service.
Chapter 6—PROMOTION AND RETENTION
Chapter 6 retains the basic concepts of promotion and retention in
the Foreign Service based upon demonstrated merit.
This chapter extends the Selection Board process (now applicable by
statute only to Foreign Service officers) to all American personnel.
Selection Boards, which must include public members, women and
members of minority groups, will rank the members of each class on a
comparative basis for purposes of promotion, award of performance
pay, retention in the senior ranks, and separation of members whose
performance falls below the standard of their class.
Chapter 6 also specifically provides a rigorous threshold for entry
into the Senior Foreign Service and authorizes the Secretary to
prescribe the period during which members of the Service may be
considered for entry into the SFS.
Promotions into the SFS must be
based upon long-term projections of personnel flows and needs
designed to provide more predictable recruitment, advancement and
career development. A report to Congress on steps taken to insure
this predictable flow is required annually.
This chapter continues the authority for retirement based on
expiration of time-in-class and extends that authority to all
members of the Service who receive salaries comparable to those of
Foreign Service officers and who are in occupational categories
designated by the Secretary. It eliminates the exemption of those in
the top rank from the time-in-class limitations, while providing
that those members whose maximum time-in-class expires after they
have attained the highest class for their respective personnel
categories may continue to serve under renewable limited extensions
of their career appointments. At the same time, it provides
protection against politicization by statements of Congressional
purpose, that time in each senior class before the extension
mechanism comes into play shall not be less than 3 years. The grant
and any renewal of such an extension would be in accordance with
Selection Board recommendations.
Chapter 6 continues the Secretary’s authority to separate a member of
the Service for cause, after a hearing. The bill provides that such
a
[Page 724]
hearing will be
conducted by the Foreign Service Grievance Board, which will assure
appropriate due process protections. This hearing would be in lieu
of any other administrative procedure.
This chapter also directs the establishment of a Foreign Service
awards system to supplement the Government-wide incentive awards
program and to recognize exceptional service to the nation by
members of the Foreign Service.
Chapter 7—FOREIGN SERVICE INSTITUTE, CAREER
DEVELOPMENT, TRAINING AND ORIENTATION
Chapter 7 continues the authority of the Secretary to maintain the
Foreign Service Institute and to provide training and counseling.
This chapter makes only minimal changes from existing law, but adds
a strong new section requiring systematic career development
programs for members of the Service. Primarily, it vests authority
for the operation of the Institute in the Secretary of State,
consolidates in a single chapter various existing authorities for
training, career development and counseling, and makes explicit
reference to training for family members of Foreign Service
personnel.
Chapter 8—FOREIGN SERVICE RETIREMENT AND DISABILITY
SYSTEM
Chapter 8 continues the Foreign Service Retirement and Disability
System as it has existed under Title VIII of the 1946 Act, and
incorporates voluntary and mandatory retirement features now in
Title VI of that Act, except that the mandatory retirement age
becomes 65 on the date of enactment. Those reaching age 60 on or
after October 1, 1981 will be covered by this new provision. Changes
have been made primarily in style and terminology, and to maintain
existing conformity of the Foreign Service Retirement and Disability
System. Recent statutory changes to the latter system have been
incorporated into the bill in accordance with existing law
authorizing such conforming changes.
New provisions have been added to protect the interests of former
spouses. Specifically, the Act provides for an automatic pro rata
division of retirement annuities and retirement benefits for
qualifying former spouses (those married for 10 years or more while
the employee was in the Service), unless a court orders a different
division within one year of the divorce. This provision will apply
only in the case of those who become former spouses after the
effective date of the Act. In a related provision, an individual
who, prior to the effective date, has a former spouse, may elect to
provide a survivor benefit for that former spouse (Sec. 2109).
Finally, a spousal agreement may be entered into by affected parties
with respect to their respective rights under
[Page 725]
chapter 8. Such an agreement will be
given the same effect as a court order, so the parties may adjust
their respective rights without the necessity of obtaining such an
order.
Chapter 9—TRAVEL, LEAVE AND OTHER BENEFITS
Chapter 9 continues the Secretary’s authority to pay travel and
related expenses, and to provide for home leave and health care for
Foreign Service personnel and their families. The following new
discretionary authorities have been added:
—Authority to pay relocation allowances to members of the Foreign
Service on domestic transfers.
—Authority to grant an additional R&R trip in extraordinary
circumstances.
—Authority to authorize travel for a child when a parent is medically
evacuated and the child is unable to remain at post alone.
—Authority to provide one round-trip per year between post abroad and
nearest port of entry in the U.S. for children of divorced member of
the Service to visit the parent with whom they do not normally
reside.
—Authority to authorize travel for family to accompany members on
extended travel orders, whether or not such travel is in connection
with a reassignment.
—Provision for payment of representation allowance to family members
when authorized, as well as to employees.
Chapter 10—LABOR-MANAGEMENT RELATIONS
Chapter 10 draws from the existing system in the Foreign Service
established by Executive Order 116369 as well as Title VII of the Civil Service
Reform Act which governs Labor-Management relations in the Civil
Service. This chapter authorizes collective bargaining on conditions
of employment in the Foreign Service, subject to certain excluded
areas of management rights comparable to those matters excluded from
bargaining under Title VII. This chapter continues the present
arrangement of a single agency-wide bargaining unit, and the
inclusion of many employees who perform supervisory functions.
Chapter 10 establishes a Foreign Service Labor Relations Board, as an
entity under the Federal Labor Relations Authority, to manage this
new statutory program. The Board would be chaired by the Chairman of
the Federal Labor Relations Authority and would have two public
members appointed from nominees approved by the agencies and the
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exclusive representatives.
In addition to the Board, Chapter 10 would retain the disputes panel
as constituted under E.O. 11636.
However, a major difference is the authority of the panel to make
final and binding decisions on negotiation impasses. This chapter
also introduces a new, independent third party, the General Counsel
of the Federal Labor Relations Authority. The General Counsel would
investigate alleged unfair labor practices and would file and
prosecute such complaints. The chapter also provides for appeals to
the Foreign Service Grievance Board, under negotiated procedures, in
disputes arising out of the implementation of collective bargaining
agreements.
Chapter 11—GRIEVANCES
Chapter 11 follows the major features of the 1946 Act for the
resolution of grievances by individuals within the Foreign Service,
including appeals from internal agency procedures to the independent
Foreign Service Grievance Board. The Board has broad authority to
establish its own procedures (which must include a hearing in any
case involving separation or other disciplinary action), compel the
production of evidence and the attendance of witnesses, and direct
remedial action by the Department.
The chapter provides that every grievant has a right to
representation of his or her own choice, both at the agency level
and before the Grievance Board. The exclusive employee
representative, however, is allowed to appear at all grievance
proceedings involving members of the bargaining unit.
Also added is the authority of the Grievance Board to direct payment
of reasonable attorney fees as may be required by Section 7701(g) of
Title 5, United States Code. Deleted from chapter 11 is the
authority of the Secretary to reject a recommendation of the
Grievance Board on grounds that the recommendation would
substantially impair the efficiency of the Service.
TITLE II—TRANSITION, AMENDMENTS TO OTHER LAWS, AND
MISCELLANEOUS PROVISIONS
Chapter 1—TRANSITION
Chapter 1 governs the transition of all Foreign Service personnel to
the new categories and salary schedules established by Title I of
the bill. For pay purposes, all FSO, FSR, FSRU and FSS personnel will be paid as if converted to the new
pay schedules, effective the first day of the first pay period
beginning after October 1, 1980. It provides that on the effective
date of the Act (February 15, 1981) personnel who are already
obligated to worldwide availability will convert automatically to
the Foreign Service schedule or have the option to join the Senior
Foreign Service, depending on their current rank. Personnel not so
[Page 727]
committed will convert
only after they have undertaken an obligation to serve abroad and
the Department has certified that there is a need for their services
in the Foreign Service. Those “domestic” personnel who are not
converted to one of the new Foreign Service categories will be
converted into the Civil Service without loss of salary or grade,
within 3 years, or otherwise leave the Foreign Service.
This chapter provides that all conversions will be without loss of
salary or grade (including protection from downgrading as long as
not voluntarily leaving one’s current position), and that persons
covered by the Foreign Service Retirement and Disability System may
elect to continue to participate in that system.
The Act’s provisions for conversion of “domestic” Foreign Service
personnel to Civil Service status will be deferred with respect to
the International Communication Agency (ICA), until July 1, 1981, in view of a pre-existing
agreement with the labor organization representing the employees who
would otherwise be affected on the effective date.
Chapter 2—AMENDMENTS RELATING TO FOREIGN AFFAIRS
AGENCIES
Chapter 2 contains amendments to statutes concerning the Foreign
Affairs agencies required by Title I of the bill. These include the
relocation of provisions in the 1946 Act which deal with subjects
other than Foreign Service personnel, such as the State Department’s
authority to accept gifts. This chapter also contains conforming
amendments to the authority of other agency heads to utilize the
Foreign Service personnel system. In addition, it modifies the basic
authority of the Department to allow payment of additional
subsistence expenses of security officers on authorized protective
missions, and members of the Foreign Service and Department
generally when required to spend extraordinary amounts of time in
travel status. This chapter also contains necessary conforming
amendments to other laws relating to Foreign Service personnel,
e.g., the Peace Corps Act and the Arms Control and Disarmament
Act.10
The Peace Corps will continue to be authorized to use Foreign
Service personnel authorities for its headquarters staff. A new
provision requires the Secretary to designate at least two Foreign
Service posts or model Foreign competence posts.
Chapter 3—AMENDMENTS TO TITLE 5, UNITED STATES CODE
This chapter contains a number of amendments to laws applicable to
the Government as a whole as they relate to the Foreign Service.
These changes include explicit reemployment rights for employees of
[Page 728]
any agency who accept
limited appointment in the Foreign Service, provision of a statutory
salary base for Ambassadors at Large, authority to pay advance pay
upon any departure from an overseas post when the Secretary
determines this to be in the national interest (rather than as
currently, only when an evacuation is ordered), authority to pay a
separate maintenance allowance at the request of a member of the
Service, rather than, as presently, only for the convenience of the
government. This chapter also extends to the Foreign Service
provisions of existing law regarding attorney’s fees in unfair labor
practice and grievance cases, and conforms accumulation of SFS annual leave with the exemption
for SES personnel.
For posts where a special incentive for service is determined to be
necessary due to especially adverse conditions, the post
differential could be as high as 40% of base pay, rather than the
current 25% ceiling. A separate new allowance authority would allow
a danger pay allowance of up to 25% of base pay, at posts where
civil insurrection, civil war, terrorism, or wartime conditions
threaten physical harm or imminent danger. However, the increased
post differential and danger pay could not be paid
simultaneously.
Chapter 4—SAVING PROVISIONS, CONGRESSIONAL OVERSIGHT
AND EFFECTIVE DATE
Chapter 4 provides that actions taken under the authority of the
Foreign Service Act of 1946 or any other law repealed, modified, or
affected by the new Act shall continue in full force unless modified
or revoked by current authority. It requires annual reports on steps
taken to insure maximum compatibility among agencies employing the
Foreign Service personnel system, on conversion of individuals under
the Act, concerning the upper and lower limits planned by each
agency for recruitment, advancement and retention of members of the
Service, for each of the five succeeding years, and the number,
names and grades of members of the Service assigned more than one
grade higher or lower than personal rank. Finally, it provides that
the effective date of the new Act will be February 15, 1981, with
certain limited exceptions. These exceptions include: mandatory
retirement age is raised to 65 on date of enactment; pay under the
new FS schedules begins with the
first pay period beginning after October 1, 1980; the five per cent
limitation on non-career SFS
members for Commerce is deferred until October 1, 1985, with a
maximum of ten non-career SFS
members in Commerce in the interim; and personnel actions (e.g.,
awards of performance pay for SFS)
may take place on basis of the current evaluation cycle, as if the
Act had been in effect at the beginning of that cycle.
