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in 1985 refused to accept his successor at the Commercial Representation Bureau in full diplomatic status.

Ibid., No. P85 0028-2090.

Miscellaneous Foreign Government Offices: Military
Liaison Office

In answer to a request from the Embassy of the State of Kuwait, under date of September 23, 1980, that conveyed the wish of the Kuwait Ministry of Defense to transfer its Military Liaison Office from Washington, D.C., to San Antonio, Texas, the Department of State replied on November 4, 1980, as follows:

It is the policy of the Department of State not to permit the establishment of branch offices of embassies outside Washington, D.C. The only arrangements that could be considered exceptions to this policy are those made for diplomatic representatives in Washington who are posted to New York City in positions which are in general limited to the senior financial, economic, and commercial categories. However, the Department of State has no objection to the establishment of a Military Liaison Office of the State of Kuwait in San Antonio and would consider such office to be a "miscellaneous foreign government office". Its premises and personnel would not be entitled to the immunities and privileges accorded foreign diplomatic missions and their personnel in Washington, although its personnel must be notified to the Department's Office of Protocol.

Dept. of State File No. P84 0078-1011.

Foreign Service Act of 1980

On October 17, 1980, President Carter signed into law the Foreign Service Act of 1980, Public Law 96-465, 94 Stat. 2071, 22 U.S.C. 3901 et seq., the stated objective of which was to strengthen and improve the Foreign Service of the United States by

(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement and retention of the ablest, and separation of those who do not meet the requisite standards of performance;

(2) fostering the development and vigorous implementation of policies and procedures, including affirmative action programs, which will facilitate and encourage (A) entry into and advancement in the Foreign Service by persons from all segments of American society, and (B) equal opportunity and fair and equitable treatment for all without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition;

(5) minimizing the impact of the hardships, disruptions, and other unusual conditions of service abroad upon the members of the Foreign Service, and mitigating the special impact of such conditions upon their families;

(6) providing salaries, allowances, and benefits that will permit the Foreign Service to attract and retain qualified personnel as well as a system of incentive payments and awards to encourage and reward outstanding performance;

(7) establishing a Senior Foreign Service which is characterized by strong policy formulation capabilities, outstanding executive leadership qualities, and highly developed functional, foreign language, and area expertise;

Sec. 101(b), P.L. 94-465; 94 Stat. 2074-2075; 22 U.S.C. 3901(b).

The Foreign Service Act of 1980, the first comprehensive revision of Foreign Service legislation since the Foreign Service Act of 1946, was intended to be, in part, a companion measure to the Civil Service Reform Act of 1978, P.L. 95-454, approved Oct. 13, 1978, 92 Stat. 1111. Its principal feature was the establishment of a two-tiered structure for career officer personnel, consisting of:

(1) a Foreign Service, that includes junior and intermediate officer categories and, also, the former special categories, such as Foreign Service Reserve officers, Foreign Service Staff officers and employees, and Foreign Service Reserve Unlimited; and

(2) a new Senior Foreign Service, comparable to the Senior Executive Service (of the Civil Service) entry into which is to be primarily from the Foreign Service via special threshold performance evaluation boards, and retention in which is to be subject to promotion time limits, and ultimately, to mandatory retirement for age. The 1980 Act thus retained as among Foreign Service officers (described in sec. 103, "Members of the Service", at par. (4) as having “general responsibility for carrying out the functions of the Service") and as among "Members of the Senior Foreign Service" (described in sec. 103(3) as being "the corps of leaders and experts for the management of the Service and the performance of its functions") the fundamental competitive careerist philosophy of the Foreign Service Act of 1946 and of statutes governing the military services, by which the drafters of the 1946 Act had been guided.

At the same time, the 1980 Act minimized distinctions between officers and (other) Foreign Service personnel (described in sec. 103(5) as “United States citizens ... who provide skills and services required for effective performance by the Service"), insofar as conditions of employment were concerned. The Senate Committee on Foreign Relations observed, in regard to par. (3) of sec. 101(b), which sets out the Act's objectives, ante:

.. [T]he bill now refers to members of the Service generally. Both groups of employees perform functions vital to the formulation and conduct of U.S. foreign policy. Both groups accept the same burdens and take the same risks inherent in overseas service. Therefore, both should serve under substantially the same conditions of employment and should share equally in the rewards of Foreign Service life.

S. Rept. 96-913, 96th Cong., 2d sess. (1980), p. 15; 1980 United States Code Congressional and Administrative News, Vol. 4 (1981), p. 4432.

(Sec. 103 of the Act, "Members of the Service", 22 U.S.C. 3903 (Supp.IV 1980), listed: chiefs of mission (par. (1)); ambassadors at large (par. (2)); and, also—in addition to members of the Senior Foreign Service, Foreign Service officers, and

Foreign Service personnel, ante-foreign national employees ("foreign nationals . . . who provide clerical, administrative, technical, fiscal, and other support at Foreign Service posts abroad" (par. (6)); and consular agents ("who provide consular and related services as authorized by the Secretary of State at specified locations abroad where no Foreign Service posts are situated” (par. (7)).)

Sec. 104 of the Act, 22 U.S.C. 3904 (Supp. IV 1980), describes in general terms the functions of the members of the Foreign Service and refers, also, to functions performed under the (1961) Vienna Convention on Diplomatic Relations and the (1963) Vienna Convention on Consular Relations. The multilateral Conventions codified much existing customary international law in these areas. Sec. 104 reads:

SEC. 104. FUNCTIONS OF THE SERVICE.-Members of the Service shall, under the direction of the Secretary

(1) represent the interests of the United States in relation to foreign countries and international organizations, and perform the functions relevant to their appointments and assignments, including (as appropriate) functions under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, other international agreements to which the United States is a party, the laws of the United States, and orders, regulations, and directives issued pursuant to law;

(2) provide guidance for the formulation and conduct of programs and activities of the Department and other agencies which relate to the foreign relations of the United States; and

(3) perform functions on behalf of any agency or other Government establishment (including any establishment in the legislative or judicial branch) requiring their services.

94 Stat. 2077.

Chapter 3 of the Foreign Service Act of 1980 sets out the authority for appointments in the Foreign Service. Only United States citizens may be appointed, other than for service abroad as a consular agent or a foreign national (section 301(a) of the Act, 22 U.S.C. 3941(a) (Supp. IV 1980)). Chiefs of mission, ambassadors at large, and ministers serve at the pleasure of the President (section 301(d) (2), 22 U.S.C. 3941(d) (2) (Supp. IV 1980)).

Section 302 of the Act, "Appointments by the President", 22 U.S.C. 3942 (Supp. IV 1980), reads in part:

SEC. 302. APPOINTMENTS BY THE PRESIDENT.-(a)(1) The President may, by and with the advice and consent of the Senate, appoint an individual as a chief of mission, as an ambassador at large, as a minister, as a career member of the Senior Foreign Service, or as a Foreign Service officer.

(2)(A) The President may, by and with the advice and consent of the Senate, confer the personal rank of career ambassador upon a career member of the Senior Foreign Service in recognition of especially distinguished service over a sustained period.

(B)(i) Subject to the requirement of clause (ii), the President may confer the personal rank of ambassador or minister on an individual in connection with a special mission for the President of a temporary nature not exceeding six months in duration.

(ii) The President may confer such personal rank only if, prior to such conferral, he transmits to the Committee on Foreign Relations of the Senate a written report setting forth

(I) the necessity for conferring such rank,

(II) the dates during which such rank will be held,

(III) the justification for not submitting the proposed conferral of personal rank to the Senate as a nomination for advice and consent to appointment, and

(IV) all relevant information concerning any potential conflict of interest which the proposed recipient of such personal rank may have with regard to the special mission.

Such report shall be transmitted not less than 30 days prior to conferral of the personal rank of ambassador or minister except in cases where the President certifies in his report that urgent circumstances require the immediate conferral of such rank.

(C) An individual upon whom a personal rank is conferred under subparagraph (À) or (B) shall not receive any additional compensation solely by virtue of such personal rank.

(3) Except as provided in paragraph (2)(B) of this subsection or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as ambassador or minister, or be designated to serve in any position with the title of ambassador or minister, without the advice and consent of the Senate.

(b) If a member of the Service is appointed to any position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, the period of service in that position by the member shall be regarded as an assignment under chapter 5 and the member shall not, by virtue of the acceptance of such assignment, lose his or her status as a member of the Service. . . .

94 Stat. 2086.

All appointments in the Service other than those specified in section 302(a) of the Act, ante, may be made by the Secretary of State, in accordance with the Act and such regulations as the Secretary may prescribe (section 303 of the Act, 22 U.S.C. 3943 (Supp. IV 1980)). Under section 306 of the Act, before receiving a career appointment in the Service, an individual must first serve under a limited appointment as a career candidate for a trial period of service prescribed by the Secretary of State, during which the Secretary must decide upon the basis of recommendations of boards whether to offer a career appointment to the candidate under section 303 (the Secretary's appointing authority) or under section 302 (the President's appointing authority). The boards, established by the Secretary and composed entirely or primarily of career members of the Service, evaluate the fitness and aptitude of career candidates for the work of the Service. Under section 309 of the Act, 22 U.S.C. 3949 (Supp. IV 1980), limited appointments may not exceed five years' duration.

Section 312 of the Act, 22 U.S.C. 3952 (Supp. IV 1980), sets out authorizations for issuance of diplomatic and consular commissions: (1) for the President, by and with the advice and consent of the

Senate, to commission a U.S. citizen member of the Service as a diplomatic or consular officer or both; and (2) for the Secretary of State to commission a U.S. citizen member of the Service as a vice consul. Paragraph (c) authorizes the Secretary to define the limits of consular districts.

Other provisions of the 1980 Act, intended to effect improved efficiency in the administration of the Service, represent for the most part adaptations from the 1946 Act, as amended, and consolidation and codification of general statutory provisions already applicable to the Foreign Service, although not necessarily appearing within the 1946 Act, as amended.

For hearings on the Foreign Service Act of 1980, see, The Foreign Service Act: Hearings on H.R. 4674 before the Subcomm. on International Operations of the House Comm. on For. Aff. and the Subcomm. on Civil Service of the House Comm. on Post Office and Civil Service, 96th Cong., 1st sess. (1979); and The Foreign Service Act of 1979: Hearings on S. 1450 before the Sen. Comm. on For. Rel., 96th Cong., 1st sess. (1979). H.R. 4674 was the Administration's bill, introduced by request on June 28, 1979; it was replaced by H.R. 6790, the bill recommended by the two House Subcommittees. S. 1450, the Administration's bill, was introduced by request on July 9, 1979, and replaced by S. 3058, the bill reported by the Senate Committee on Foreign Relations on Aug. 22, 1980.

See, further, H.R. Rept. 992, Pts. 1 and 2, 96th Cong., 2d sess. (1980), S. Rept. 96-913, 96th Cong., 2d sess. (1980), and H.R. Rept. 96-1432 (the Conference Report), 96th Cong., 2d sess. (1980).

The Foreign Service Act of 1980, H.R. 6790, as amended, was agreed to, following conference, in the Senate by voice vote on Sept. 30, 1980, and in the House by voice vote on Oct. 1, 1980. Cong. Rec., Vol. 126 (1980), Pt. 21, p. 28103, and Pt. 22, p. 28663.

Reciprocity

Accommodation

In response to a note from the Embassy of the People's Republic of Bulgaria, dated September 30, 1980, concerning its wish to purchase a piece of property for use as the Ambassador's residence, the Department of State replied on November 4, 1980:

As the Embassy was informed on October 29, 1980, by Deputy Assistant Secretary of State Robert L. Barry, the approval of the Department for the purchase of this property was dependent on certain reciprocal actions being undertaken by the Bulgarian Government in Sofia. The Department has now been informed by the American Embassy in Sofia that the head of the Diplomatic Services Bureau has provided assurances to the American Ambassador in Sofia that the Bureau will assist the Embassy in carrying out renovation work on the United States chancery building as requested, and that the foundation for a building for the AngloAmerican school will be constructed soon. On the basis of these assurances, the Department gives its consent to the purchase of the property requested by the Embassy.

Dept. of State File No. P80 0147-2362.

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