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Phone (202) 872-0060 Fax (202) 466-9064 Telex 64514 Cable Clements/Washington TRUING n ON THE MOUNTAIN If people join the Foreign Service because they’re looking for adventure and AMERICAN FOREIGN SERVICE ASSOCIATION challenge, there are quite a few who haven’t been disappointed in the first two years Governing Board of the Bush Administration. Recent crises that already have challenged the Consular President: THEODORE S. WILKINSON Affairs Bureau include the Panama intervention, terrorism in the Philippines, the State Vice President: RICHARD MILTON AID Vice President: WENDELL MORSE Liberian civil war, and the ongoing Iraq/Kuwait crisis. Add to this the high state of alert USIA Vice President: VANCE PACE Americans must maintain wherever the narcotics cartels operate and in all regions of Retiree Vice President: CHARLES A. SCHMITZ Secretary: MICHAEL COTTER instability where the United States has taken a firm position. Treasurer: MICHAEL DAVILA Despite all this, one reason that Foreign Service duty doesn’t strike all Americans State Representatives: PURNELL DEI.LY DAVID T. JONES as a script for Harrison Ford is that a lot of people don’t even know what the Foreign THOMAS MILLER Service is. As former Under Secretary Ron Spiers pointed out in a pithy op¬ SANDRA ODOR HARRY GALLAGHER ed piece some time ago, you have to start by distinguishing it from the forest service AID Representatives: PAULA BRYAN and the foreign legion. SAMUEL SCOTT USIA Representative: BERNARD HENSGEN Then comes the more difficult task—dealing with the large group of Americans who Retired Representatives: JOHN J. HARTER already know—or think they know—what the Foreign Service does. This is the group L. BRUCE LAENGEN DAVID SCHNEIDER that asks (for the skeptical, I have the questions on tape, addressed to me on a call- Staff in show) why the Foreign Service gave up Europe and Asia to communism and Latin Executive Director: SABINE SISK General Counsel: TURNA R. LEWIS America to dictators. Never mind that we’ve recouped most of what was “lost. ” To them, Controller: CATHY FREGELETTE Washington is monochromatic, and all agencies have been endowed with an equally Member Services Director: CHRIS BAZAR generous share of incompetence. Painting in the shades of difference in the executive Member Services: branch is a painstaking task, and some people will never see diem. Representative. CATHERINE SCHMITZ Whatever else AFSA may accomplish, our greatest challenge lies in better illustrating Director for Membership: JANET L. HEDRICK to our own countrymen what the Foreign Service is—a corps of loyal public servants— Membership Assistant: IRENE LOWY and what it isn’t: a council of elders that debates administration proposals and decides Legal Assistant: MARK W. SMITH Law Clerks: ELLEN THORBURN whether to implement them. The association pursues this goal with an outreach CHRISTIE WOO progam that incoiporates articles in the FSJ, regular contacts with key legislators and Executive Assistants: BARBARA THOMPSON, DEBORAH M. LEAHY staff, and the effort we began in 1989 to build bridges with business partners through Administrative Assistant: CHAMPA JARMUL our “international associates” program of topical, trade-related conferences. Professional Issues Regrettably, AFSA alone will make no more than a ripple in a sea of indifference. RICHARD S. THOMPSON Congressional Liaison Telling it on the mountain is a task for everyone. We need to take full advantage, for ROBERT M. BEERS, RICK WEISS instance, of the boost to Foreign Service public relations that Ambassador Nat Howell Scholarship Programs and staff provided through their four selfless months making a beseiged embassy in GAIL VOLK Kuwait a symbol of U.S. resolve. AFSA is organizing speaking tours early in 1991 for The American Foreign Service Association, founded Howell and for Deputy Chief of Mission Barbara Bodine, and we have also proposed in 1924, is the professional association of the Foreign Service and the official representative of all Foreign to potential donors the funding of a permanent AFSA speakers’ bureau, which would Service employees in the Department of State and the supplement the State Department’s meager budget, find active and retired Foreign Agency for International Development under the terms of the Foreign Service Act of 1980. Active or Retired Service people to meet regional requests for speakers, and perhaps even stimulate membership in AFSA is open to all current or retired employees of the U.S. foreign affairs agencies. Associ¬ more such requests. ate membership is open to persons having an interest But our best resource by far is you, AFSA’s members. All Foreign Service people in or close association with the Foreign Service. Annual dues: Active Members—$80-165: Retired Members— have a stoiy to tell. Most fail to realize that their stories, their videos, slides, and photos $45-55; Associate Members—$45. All AFSA members are members of the Foreign Service Club. Please note: are of interest to more than just family and close friends. It’s only a small step from the AFSA dues and Legislative Action Fund donations may be deductible as an ordinary and necessary business home to a church group, or to community Rotarians or Lions, and from there to the expense for federal income tax purposes. Scholarship next town. In some cases, the regional programs division of the State Department’s and AFSA Fund donations may be deductible as charitable contributions. public affairs bureau can help with planning. For those of you on active duty, think AMERICAN FOREIGN SERVICE ASSOCIATION, 2101 E Street about this option the next time you’re on home leave, and give your hometown friends NW, Washington. D.C. 20037. Executive offices, mem¬ bership, professional issues, scholarship programs, time enough to arrange things for you in advance. For our retired community, please insurance programs, JOURNAL offices: (202) 338-4045. Governing Board, standing committees, general coun¬ register as interested parties for our (eventual) speakers bureau. And for all AFSA sel, labor-management relations, member services, grievances: ( 202) 647-8160. • FAX: (202) 338-6820 • members, let us know other ways in which AFSA can help youteW the Foreign Service Foreign Service Club (202) 338-5730. story. —TED WILKINSON

2 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 FOREIGN SERVICE FEBRUARY 1991 JOURNAL VOL. 68, NO. 2

Editorial Board Chairman HOWARD SCHAFFER

RICHARD AHERNE WILLIAM BEECHER C. STUART CALLISON GEORGE FLORES HELEN STROTHER FOUCHE JOE B. JOHNSON BENJAMIN LOWE ROBERT A. POLLARD THEODORE S. WILKINSON Women’s Revolution. .12 Terrorism 28

“The Independent Voice of the FEATURES Foreign Service” Speaking Out: 12 Editor MARGUERITE COOPER ANNE STEVENSON-YANG Assistant Editor/Advertising Manager Twenty Years After the “Women’s Revolution” JULIA T. SCHIEKEN Editorial Assistant: MAE JONES FOCUS: THE WAR POWERS ACT Design: MARKETING & MEDIA SOLUTIONS Why It Doesn’t Work 20

The FOREIGN SERVICE JOURNAL is published ALFRED P. RUBIN monthly by the American Foreign Service Association, a private non-profit organization. Material appearing herein represents the opinions A Source of Strength 24 of the writers and does not necessarily represent ALBERT (PETER) LAKELAND the views of AFSA or the JOURNAL. Writer queries are invited. JOURNAL subscriptions: AFSA Members— included in annual dues; others, $25. Overseas subscriptions (except Canada ), $35 per year. Airmail “We Will Not Pay Blackmail” 28 not available. Second-class postage paid at Washington, D.C., DAVID A. KORN and at additional post office. Postmaster: Send The Khartoum murders and U.S. policy on terrorism address changes to AFSA, 2101 E Street NW, Washington, D.C. 20037. Microfilm copies: University Microfilm Library Doing Home Leave Right 32 Services, Ann Arbor Michigan 48106 (October 1967 to present). Indexed by Public Affairs Information BRIAN CARLSON Service (PALS). Advertising inquiries invited. The appearance of advertisements herein does not imply AFSA endorsement of the services or goods Diplomats in History: Jefferson on War 37 offered • FAX: (202) 338-6820 • Telephone: (202) 338-4045 or 338-4054. Books 39 American Foreign Service Association, 1991 ISSN 0015-7279 James Bahti on American presidents and the Middle East; Jerrold Keilson on February 1991, Vol. 68, no. 2 public diplomacy; Smith Simpson on defining diplomacy. DEPARTMENTS

AFSA Views 2 ASFA1990 Tax Guide 53 Letters 4 Election 1991 60 Cover design by 50 Years Ago 8 AFSA News 65 Caryn Suko of Marketing and Foreign Service Quiz 8 Clippings 10 Realtors 47 Media Solutions Postcard from Abroad 38 Classified 51

COVER PHOTOGRAPHS: MAE SCANLAN In Memory 42 Marketplace 44

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 3 MAKING HISTORY again to a defense of saying: we’re AT STATE professional, we act in good faith, don’t question our judgment. If the Foreign To THE EDITOR: Relations series is to serve a purpose, Historians have three concerns about the department overlook this fact. the department must be more open to the department’s Foreign Relations se¬ To better assure the historians of the confirm the confidence of the historian ries: publication is seriously delayed; nature of this work, several years ago community. Without the “good house¬ the volumes have become much thin¬ the declassifiers began to brief the keeping” seal of the historians, the ner, while the material from which to committee at its annual meeting on the series risks becoming a depreciated draw has vastly expanded; and there is content of particular volumes—what research tool that can only shrink into a crisis in confidence over decisions on went in, what was left out, and why. obscurity. That would be tragic. the declassification and selection of That was an important step and was materials for the series. These concerns well-received, but the committee, George B. High feed on each other, but the last is the The writer is a Foreign Service officer. most serious. Even with reduced bud¬ And in the era of get and personnel limitations, the de¬ To THE EDITOR: partment is trying hard to overcome Watergate, Irangate, and I was delighted to see the letter from delays in publication. Budgets are un¬ Dwight Ambach et al. of the Office of other government scandals, likely to accommodate an enlargement Historical Documents Review (HDR) of the volumes, thus heightening the who can he surprised that responding to my August article in the mistrust among historians over the na¬ FSJ, “Gaps in the Historical Record.” By ture of the documents left out. And in historians are suspicious of revealing their inability to recognize the era of Watergate, Irangate, and the gravity of the problem, they may decisions made by the other government scandals, who can be make a better case for the pending surprised that historians are suspicious bureaucracy in the legislation to strengthen the advisory of decisions made by the bureaucracy committee than I did. It may be useful, in the declassification and publication declassification and publi¬ in addition, to note some things they process? Is it surprising that they want distort or neglect to mention. cation process? Is it su rpris¬ to know more about processes and At no point in their letter do they decisions? Why wouldn’t they be sus¬ ing that they want to know deny that the Foreign Relations of the picious about what is left out? And even United States (FRUS) volumes in ques¬ with the professionalism we in the more about processes and tion were a fraud perpetrated on the Foreign Service can be sure exists among American people to the detriment of decisions? the declassifiers, who can expect histo¬ the reputation of the series and to the rians on the outside to accept in this age embarrassment of HO and the entire the same assurances the department holding secret clearances, sought as department, indeed, of the U.S. govern¬ has been proffering for years? well to see documents that were ex¬ ment. And yet they insist that there is no The mandated charters of the cluded from the volumes. Many of the need for new procedures. If current department’s advisory committee call excluded documents originate in State; practices have resulted in fraud, is it not for it to provide us with advice on many others come from other agencies time for a change? matters the department solicits. The and foreign governments. The latter do Dwight Ambach et al. argue that the Historical Advisory Committee, formed raise important questions to address. historians, “who desire to know every¬ long ago, also serves the informal but While foreign government documents thing,” will never be satisfied with any very real purpose of providing a seal of provide special problems, lack of solution to the declassification prob¬ “good housekeeping” for the series. progress in resolving the handling of lem. Maybe they’re right, but they ne¬ The function of this particular committee department materials satisfactorily glect to mention that in September 1989 is unique. What responsible historian seems to aggravate the matter, and this the historians and the head of HDR would lend his or her name to this inevitably leads to still larger demands. (then CDC) had reached an agreement committee without being convinced that Tension is built into the relationship that seemed workable—and that the the Foreign Relations series was a re¬ between historians and the depaxtment, department refused to honor two sponsible effort? Surely the committee but it has generally been manageable months later. Had the department acted provides us advice on matters we raise, by both sides in years past. Compromise in good faith, had HDR, HO, and the but just as surely it testifies to the is needed now, but a solution is not advisoiy committee been allowed to professionalism of the product. Some in encouraged when we fall back once execute that agreement, I would not

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All illustrations and specifications are to the best of our knowledge correct as of the date of publication. They are subject to changes made by General Motors and the laws or regulations of any federal, state or local government agency. Vehicles shown are for illustration only and may contain optional features available at additional cost. have resigned, the present situation RETIRED GENTLEMEN, Department officers active in Czecho¬ would not have “gotten out of hand,” TAKE NOTE slovakia in the postwar period, from and the legislation they dread would 1946 to 1948. He is seeking especially a not be pending. To THE EDITOR: Mr. Robert Boies/Boyce/Bois. I do not doubt that Dwight Ambach Mr. Edgar Williams (“Letters,” No¬ Anyone interested in corresponding and his colleagues share my desire for vember FSJ) has a good idea. “Marry an with Dr. Pribek can write him at: a “credible documentary record,” but it older man?” Does he also have an idea Pod krcskym lesem 12 is evident that they have failed to about how one can meet these retired 142 00 Praha 4 - Kro produce one. In failing, they have done FSOs? Junior officers in Washington for Czechoslovakia us all a disservice. Their letter reveals training aren’t likely to run in the same that they have learned nothing from social circles as these gentlemen. All prompt ansivers will be this disaster, have not repented, and I’m going to be in Washington from greatly appreciated, m have forfeited their right to determine February through May before going to what goes into the FRUS volumes. Tegucigalpa as a junior GSO. Think Congress has no choice but to mandate about it. NOTE TO READERS: The Journal an independent advisory committee to welcomes letters to the editor. oversee FRUS. Earline M. Reid Although all submissions are carefullly read, we regret that due Warren I. Cohen to volume, we cannot acknowl¬ Warren Cohen is former chairman of INQUIRY edge or return unpublished sub¬ the State Department Advisory missions. Letters may be edited Committee on Historical Diplomatic Dr. Josef Pribek would like to re- for length. Documentation sume contacts with any former State

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LITOVKIN, launching a strike either against the TRANSLATED FROM THE RUSSIAN BY WORLD PRESS international force assembled in Saudi REVIEW, JANUARY 1991 Arabia or against Israel. At first glance, Baghdad did not give CRYSTAL BALL As it turned out that first weekend in the impression of a blockaded city— December, the Iraqis were simply con¬ especially to Muscovites who were un¬ THE LOS ANGELES TIMES, DECEMBER 11. 1990, ducting a test of their rocket forces. . . . accustomed to seeing a variety of con¬ “THE YEAR 2010,” COMMENTS BY MICHAEL Mr. Wilson, a career diplomat for the sumer goods in store windows and inex¬ VLAHOS, DIRECTOR OF THE CENTER FOR THE last 15 years, regards his role in carrying pensive, high-quality merchandise fill¬ STUDY OF FOREIGN AFFAIRS. out the day-to-day diplomacy of the ing market stalls. . . . East Asia becomes a cockpit of United States in the Iraqi capital as an The [United Nations] blockade is competition, not integration. A decline in accident of history. He is neither an Arab inhumane, our escort told us the veiy U.S. ability and willingness to maintain specialist nor an experienced political first time we met. He was a Russian- large military forces across the Pacific, officer. Rather, he has risen within the language interpreter for Iraqi President plus the growing strength of Asian Foreign Service as an administrative of¬ Saddam Hussein and an expert on the counuies’ own armies, will gradually end ficer, someone usually more concerned Soviet Union. It is criminal, he said, America’s role as the referee of East Asian about embassy heating and plumbing because our children are deprived of affairs. A united Korea emerges as Japan’s work than with what is going on in the milk and our old people, of medications. most aggressive competitor. Japan’s re¬ host country. Diabetics are suffering, because the lations with its neighbors become touchy. The reason he was thrust into such insulin supply has run out. But, he The United States reassesses its role in prominence was that April C. Glaspie, added, aspirin and other headache the world and its domestic political sys¬ the Ambassador, who is an Arabist and remedies are available. The same goes tem. In the wake of the Cold War and an experienced political officer, left for for eggs and cigarettes. amid a widespread perception that the Washington the day before the Iraqi At the unofficial exchange rate of four federal government isn’t working, do¬ attack on Kuwait. . . . Iraqi dinars to the dollar, a kilogram of mestic politics turns to the job of renew¬ On Aug. 6, as the first United States tomatoes costs about 13 cents at the ing the American system. U.S. world role armed forces were on their way to Saudi capital city’s markets; cucumbers, 10 turns somewhat more isolationist, under a Arabia at the request of King Fahd of cents; eggplant, 10 cents; apples, 38 doctrine of “selective engagement” that Saudi Arabia, Mr. Wilson was summoned cents. The average Iraqi worker’s monthly avoids long-term commitments like those to the Iraqi Foreign Ministry for what he wage is $50. . . . of the Cold War. assumed would be a stern encounter Our program included a visit to an The political use of military force de¬ with Foreign Minister Tariq Aziz. In¬ elementary school. “Who is Bush?” we clines. Production technology is seen stead, he was ushered into the presence asked the children. “The enemy of the increasingly as the new yardstick of world of Mr. Hussein, who at that moment had Iraqi people!” they answered. “And who power, replacing the traditional measures 120,000 troops in Kuwait. . . . is Gorbachev?” “Bush’s friend!” One of heavy ground forces and nuclear ar¬ In an hourlong lecture, Mr. Hussein question created confusion: “Then what senals. But the world powers do continue told the American diplomat that Kuwait is Gorbachev to the Iraqi people—a to deploy military forces, concentrating belonged to Iraq and there was no going friend or enemy?” “A friend,” one of the their interest on the oceans—and outer back; he added that if Saudi Arabia, the older schoolchildren replied uncertainly. space. NATO gradually recedes in im¬ United States or any of its allies in the It is the same among grownups: The portance; Western Europe becomes an region sought to cut off Iraq’s oil export Soviet Union does not seem to be con¬ autonomous military power. ■

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Twenty Years After the “Women’s Revolution”: A personal view I was surprised to read the caption of a magazine pic¬ ture recently: “a post¬ feminist woman.” I rushed to the dictio¬ nary. Feminism: “...equal political, economic, and so¬ cial rights for women.” This magazine thinks we have achieved equality, I reflected, and that we can put the struggle behind us and move on! State Deputy Under Secretary for Management William Macomber meets with WAO members in 1972. Facing the camera Actually, there are Macomber; his assistant, Gladys Rogers (to his left); Barbara Good (State); Elaine Fry (USIA); Idris Russell (State WAO must be many who vice president); and Viessa Jackson (AID WAO vice president). do not know how far women have come. Nor, perhaps, that What you see depends on where you sit. reflected the conventional wisdom of the the struggle continues. Or that those who time that a women’s “place” was in the strive for equal opportunity and dignity Women in 1970 home, looking after the family and being are not fringe militants, but mainstream To set the scene we must revisit 1970. provided for by a “breadwinner” hus¬ women and men. Perhaps it is a good The following is a broad-brush treatment band. Women outside this accepted norm time to look back at the events of 1970, of a complex and technical subject, laced were expected to play quiet, supporting when landmark reforms opened up ca¬ with some brief (and, of necessity, over¬ roles in occupations appropriate to their reers in the foreign affairs agencies to simplified) explanations along the way. feminine natures. married women, providing the possibility First and foremost, with few exceptions, Most women Foreign Service employ¬ for women to excel in any field and at any women in the Foreign Service could not ees were secretaries in the Staff Corps level: the possibility, mind you; no guar¬ be manied and remain career employees. (FSS), and 99 percent of the secretaries antees. There was no one regulation clearly were women. About 80 percent of the In November 1990, we celebrated the prohibiting marriage, but a web of rules secretaries were college graduates; most 20th anniversary of the Women’s Action dealing with tenure, pay and allowances, were serious professionals. Their male Organization (WAO) in State, USAID, and their implementation had the same colleagues, largely communications per¬ and USIA. I would like to share my effect. sonnel, had faster promotions, higher recollection of the heady days of the My recollection of the reason given for career ceilings, and better housing and “women’s revolution” and the many requiring women to resign upon marriage transfer allowances. years that followed in an evolutionary was that a woman’s legal residence was Senior secretaries often had the duties crawl toward greater freedom of choice, considered to be that of her husband, of higher-grade executives or administra¬ as well as some personal thoughts about meaning that the woman would no longer tive assistants and staff aides. As secretar¬ what they meant. Others will have a be “world-wide available,” a condition of ies, however, their career ceiling was different view and different conclusions. employment. Plainly stated, those mles three grades below that of communica-

12 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 tions supervisors. Secretaries in general felt greatly unappreciated: “go-fers” rather There Is Only One Place than professionals, treated like hired-hands or pieces of office equipment; not valu¬ To Stay In Washington able members of the team. The women Foreign Service officer generalists (FSOs) were rare, only 4.7 percent of the total FSO corps. Bright, articulate, and ambitious, they were con¬ sidered oddities, outside the norm. This SHORT OR LONG TERM LUXURY “A Hotel Alternative APARTMENTS. TOWNHOUSES. attitude was reflected in the low annual PENTHOUSES intake rate of 7 percent, and in efficiency For The Prudent Spender.” All Suites Tastefully Furnished & Fully Equipped Kitchens * Telephone ★ Cable reports’ description of women’s poten¬ Television ★ Security Intercom System Complete Health Spa ★ Concierge ★ Parking tial. Women’s promotions were far slower Laundry and Valet ★ Maid Svc (optional) ★ than men’s. They represented less than 2 Convenience Store percent of the senior grades. A major problem for these women SPECIALIZING IN RELOCATIONS SERVING CORPORATIONS ★ PENTAGON officers was their restricted choices in THE STATE DEPARTMENT * INSURANCE INDUSTRY * EXTENDED TRAVEL career functions and assignments. They CONVENIENT METRO LOCATIONS AT were concentrated in the consular, cul¬ ROSSLYN CAPITOL HILL tural, and some administrative functions GEORGETOWN (“appropriate to women’s nurturing in¬ FOGGY BOTTOM DUPONT CIRCLE stincts,” I was told by an early career counselor). * Visa and Master Card Honored As to assignments, the very few women TLC Development Corporation political and economic officers were 1700 N Moore St. Suite 714 Art, Va. 22209 limited largely to posts in Canada, West¬ ern Europe, and Washington. It was felt REAL ESTATE * SALES * RENTALS MANAGEMENT that women “would not be taken seriously” by business and political leaders in Muslim countries, Asia, and Latin America—and Africa was too dangerous. In the depart¬ Ev Taylor, retired Department of ment, they were concentrated in a few State Foreign Service Officer, is bureaus and rarely found in the “fast now with Money Concepts track” assignments, such as the country International. This financial planning organization offers a full desk jobs and as staff aides. range of financial products and Foreign Service wives were expected services including: to stay at home, assist their husbands in • Mutual Funds* their official entertainment of business • Limited Partnerships* contacts, and participate in “voluntary” • Stocks and Bonds* community activity. For many, their homes • Variable Annuities* were an extension of the office. For all, • Hard Assets their homes and families were expected • Life Insurance to promote a favorable U.S. image abroad. • Educational Seminars By officially sanctioned custom, wives’ We will provide you with a rank matched their husbands’ positions. personal, comprehensive financial Everard S. Taylor Senior wives exeited authority over the plan that will match your wives of their husbands’ subordinates, investment objectives and risk For more information or an appointment: assigning community and social duties. tolerance level with specific Contact Ev: Enforcement was largely ensured because recommendations geared toward 1523 King Street their husbands ’ efficiency reports included reaching those goals. Alexandria, VA 22314 a section evaluating their families. Re¬ Special attention given to: (703) 684-1277 sentment by lower-ranking wives was fed by occasional abuses and a generation ✓Retirement Planning ✓Minimizing Tax Liabilities gap in social values. ✓Portfolio Diversification MONEYCONCEPTS Some wives worked at hard-to-staff ✓ Balanced Capital Accumulation INTERNATIONAL FINANCIAL PLANNING NETWORK overseas posts, but always on a tempo¬ rary basis and usually without allowances * Equity products marketed through International Financial Services Capital Corp., member firm NASD. (“two for the price of one”). They could MONEY CONCEPTS FINANCIAL PLANNING CENTER

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 13 Changing of the guard: WAO’s first president, Mary Olmstead, meets with incoming officers in January 1972: Left to right are Olmsted; Dorothy Stansbury, the new president; Viessa Jackson, AID WAO vice president; Dorothy Dillon, USIA vice president; and Jean Joyce, State vice president.

not, however, work outside their husband’s Time for change Come to American post without the ambassador’s approval, By 1970, it was dearly time for change. Service Center for diplomatic which was infrequently given. Senior America was in turmoil. Newspapers officers of that period generally believed headlined protest rallies for civil rights immunity from high prices. If married women’s employment reflected and a larger role for women. Equal op¬ you are on an overseas badly on their husbands’ ability to sup¬ portunity and the advancement of women assignment, and carry a port them, and thus on the U.S. image. and minorities became mainstream values, diplomatic or official passport, In the Civil Service, women employ¬ even fashionable, as a mark of “enlight¬ you can save on the purchase ees could be married. Unlike the Foreign enment.” In 1970, several factors came of a new Mercedez-Benz with Service, they did not have rotating as¬ together to produce fairly radical change U.S. equipment, shipped signments and postings far from “home.” for women in the foreign affairs agencies. directly to the United States or Only a few such women were at the The creation of the Women’s Action Or¬ for pick up in Stuttgart*. senior and middle levels, but propor¬ ganization as an effective pressure group Contact Erik Granholm, tionately more than their Foreign Service was one of them (see the FSJ, January, our Diplomatic and Tourist counterparts. 1981). Sales Manager. The overwhelming majority of women To set the stage, while the Civil Rights Civil Service employees, however, Act of 1964 had not covered the public worked in lower-level clerical and ad¬ sector, there were executive orders pro¬ ministrative jobs. Their average grade in claiming equal employment opportunity State was GS-6. For all ranks, the most as the policy of the executive branch. acute problem was barriers to advance¬ President Nixon initiated programs to ment. At least in State, the most common advance women and minorities. Offices complaints were that job descriptions were created, information collected, and were hopelessly out of date, perfor¬ official groups set up to bring women’s mance appraisals frequently were not concerns to the attention of agencies’ done or were incomplete, and promo¬ management. In 1969, USIA and A.I.D. tions were arbitrary. created advisory committees under the For readers today, some of this 20- Federal Women’s Progam. State followed year-old portrait may seem unbelievable. belatedly in mid-1970. But it was real, and so were the personal Fortuitously, the department itself was 585 North Glebe Road Arlington, Virginia 22203 frustration and anger many felt at the undergoing a major shakeup. Presidents 703/525-2100 time. To the best of my knowledge, none from Kennedy on had criticized State as of the restrictions on women was clearly being unresponsive, closed, and hierar¬ 'Car must be imported into U.S. within chical. Inter-agency task forces were ap¬ 6 months after taking delivery in Europe. covered by written official policy. In most cases it was a matter of tradition pointed in 1969 to look at State’s man¬ and automatic assumptions by officers agement, personnel policies, and figure 0 Mercedes-Benz-Registerd Trademarks of Daimler-Benz AG, Stuttgait, Federal Republic of Germany responsible for personnel actions, in¬ out how to foster a more open and cluding first-line supervisors. Women’s creative system. They sought personnel obvious qualifications and potential were systems compatible with, if not parallel to, beside the point. the Foreign Service system in the other

14 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 foreign affairs agencies. This was a rare opportunity to propose fundamental NATIONAL WINNEFHNN OF THE YEAR change. The women’s organization began with SUBWAY TO STATE DEPARTMENT three mid-level employees in State (Jean ARLINGTON Joyce, Idris Russell, and Barbara Good) VIRGINIA who tried to point out that the task force groups had totally failed to address Comfort women’s concerns (April-May, 1970). By Comfort Inn July they had a core of 20 supporters. The Inn Ballston j women (and now men) formed the Ad Hoc Group to Improve the Status of •LOCATION Walk 7 min. to Ballston Metrorail: Direct access to city on 1-66: -1 miles to State Department; 2 miles Women in the Foreign Affairs Agencies. I from Marymount University:6 miles from Arlington Cemetery; li 1/2 miles from the Pentagon, and Vietnam and Lincoln Memorials: 4 1 2 miles from National Airport, the White House. Washington joined at this time and worked on the Monument and -Jefferson Memorial. issue of training. •RATES Single Dbl A critical turning point was the group’s (lovernment 76.00- 82.00 August 26th meeting with State Deputy Rack Klj.00-92.00 Friday-Saturday 60.00- 7f).00 Under Secretary for Management William Off season and long-term stay discounts available Macomber. The Ad Hoc Group made its •FACILITIES* ACCOMMODATIONS pitch for delaying the task force recom¬ 126 rooms and suites with climate control Restaurant and Lounge oilers room service from 6:*'10 AM to 10 PM mendations until the task force groups Free Underground Parking, no in/out charges Free color cable TV including CNN. ESPN and Showtime had a chance to address women’s concerns (lift Shop. Travel Agency specifically. Macomber would not stop the clock, but he invited the women to Comfort Inn Ballston submit their comments in writing by 1211 N. Glebe Road Arlington, Virginia 22201 September 8. For reservations call 703-247-3399 or toll-free Macomber said he found the Ad Hoc 800-221-2222 Group’s requests reasonable. For example, he saw no reason women employees need resign on marriage if they wanted to continue to work. Women deserved a “fair shake,” and keeping them in the We concentrate on work force would reduce the costs of high only ONE thing ... turnover of trained and experienced personnel. The credibility of the Ad Hoc Managing your property. Group was enhanced when a hastily PROFESSIONAL called, official open meeting on women a week later produced a large audience PROPERTY which pelted task force chairmen with MANAGEMENT critical questions. OF NORTHERN VIRGINIA INC. “Not so few as to be disappointing” Join our growing number of The final task force reports contained owners from Athens to Zaire only a few of the Ad Hoc Group’s sug¬ who trust the management of gestions. However, the dialogue with their properties to PPM. Pro¬ Macomber provided other opportunities. fessional service with a per¬ To cite examples, that year the department sonal touch. requested that the group: compile a list of Discounts on appliances short- and long-range actions that could and more! Monthly comput- be taken to help women and make sug¬ gestions for the precepts for promotion boards, as well as for a White House 5105K Backlick Rd. Annandale, VA 22003 initiative to increase the number of women 703/642-3010 in senior and mid-levels of the Civil 11325 Seven Locks Road Service. Suite 217 Potomac, MD 20854 Working through the newly fonued 301/983-2323 Federal Women’s Program Committee in We also service Montgomery County, Maryland State, Ad Hoc Group members pushed for

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL *15 an official statement establishing women’s three political officer assignments in Af¬ right to marry and persuaded the Office of rica. In 1971, the Civil Service Commission PeaVe your Personnel to send recruitment teams to ruled in her favor and called for “remedial women’s colleges. With the Secretary’s action.” Open Forum they worked on issues of Looking back at the period from 1970 most concern to spouses. By the end of 1971 to 1973, there were changes in official they had been instrumental in the issuance personnel policy benefiting women, some of a series of management circulars on of them radical departures. Through policy marriage, assignments, and spouses. pronouncements and changes to the important By November, 1970, the Ad Hoc Group regulations, the effective ban on maniage had about 200 active members. With the was removed. Husband and wife work¬ task force refonn exercise behind them, ing teams (“tandem couples”) were fa¬ investment they had to decide whether to disband, cilitated by changes in regulations on merge into another group or remain assignments, allowances, and leave. Up¬ separate. They decided to become per¬ ward mobility programs were created to With the manent and took the more manageable allow some secretaries and administrative name of the Women’s Action Organiza¬ clerks in the Foreign and Civil Service to tion. Members included all categories of advance to new careers. Single employ¬ management personnel in the three foreign affairs ees’ allowances for shipment of effects agencies and their spouses. Through word and housing were improved. An official of mouth and recruitment of overseas policy statement on the professional sta¬ members, WAO grew to 800 in 1972 and tus of secretaries was issued. peaked at 1,000 members by late 1973- Women Foreign Service generalists During this same period, the depart¬ increased from 149 to 234, including ment was faced with another challenge: those reappointed who earlier had been you trust. the first successful sex discrimination forced to resign upon marriage. More grievance filed against it. Foreign Service women were selected for senior and Rental and Management officer Alison Palmer had been denied university training. Official statements of oj Tine ‘Properties in Northwest PC, CheVy Chase, The Woman FSO’s Catch 22 Pethesda and Potomac

For those of us in the trenches, it felt specialization in Soviet Bloc affairs. I like a revolution in 1970. Though we could not take Arabic language training believed that what we were doing would in I960 or be a political officer in Japan strengthen the foreign affairs in 1963.1 chose to specialize in South establishment by increasing its pool of Asian affairs because other women resources, we also knew that some political officers had broken the gender would think us disloyal troublemakers, barrier. and that we were putting our careers in I was at the receiving end of jeopardy. personnel changes permitting tandem For myself, I felt desperate and couples when I married another helpless. I loved my work and the Foreign Service officer in 1972.1 was Foreign Service, but by 1970 I had permitted to take leave without pay to Executive Housing decided that a career incompatible with join my husband in Lahore, Pakistan. Consultants, Inc. marriage was intolerable, and I was Then I was assigned to the embassy in 7315 Wisconsin Avenue looking for alternatives. Islamabad where, later upon his When I entered the service in 1956, retirement, he joined me as my Suite 1020 East I had no sense of personal “dependent spouse.” Of my two Bethesda, Maryland 20814 discrimination based on my gender. On supervisors in Islamabad, one strongly 301/951-4111 the day I entered, I learned that no disapproved of tandems, seeing the single officers could serve behind the arrangement as “double dipping at the “We care for your home Iron Curtain, and women had to resign public trough.” The other was himself as if it Were our oWn. ” upon marriage. Catch 22. Out the a member of a tandem couple. window went my university — MARGUERITE COOPER

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FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 17 policy were issued barring discrimination I come away from my 17 in assignments and declaring that wives WHY PARDOE & were “private persons” who could not be years in WAO with the assigned duties. Efficiency reports were conviction that individual GRAHAM? changed to remove comments about families. Posts were instructed to encour¬ women and men can make age the employment of wives abroad. a difference: in their own • Creative Financing Rising expectations lives andfor their profession • Strong Marketing Both external and internal factors were as a whole. • Personalized Attention needed to make change possible. The • Service With Results first, of course, was changes in public opinion and social values. The women’s movement was both a reflection of, and technical, and “support” functions in the response to, the rising expectations of three agencies. Their promotions contin¬ women. Executive orders in the 1960s ued to lag. Opportunities for spouses’ and the Equal Employment Opportunity employment abroad increased, but sub¬ Act of 1972 gave needed official and legal stantial barriers remained. Their status as sanction. private individuals abroad had a mixed Secretary Macomber’s request for the reception and occasional severe lapses. group’s input into ongoing personnel Not surprisingly, the Civil Service decisions and his backing of the Federal workforce benefited the least from the Women’s Program Committee, appoint¬ refonns of 1970 to 1974. The task force ing the first full-time FWPC chairman (his groups had concentrated on the Foreign personal assistant, Gladys Rogers), enabled Setvice, although there were some spin¬ WAO to choose a policy of working off effects. Each of the three agencies had within the system rather than challenging small upper mobility programs for support it, e.g., through the courts. staff (mandated by the Equal Employment WAO work was also essential in re¬ Act), but the overwhelming majority of searching, organizing, and publicizing women were in low-ranking, dead end the cause. Maiy Olmsted, WAO’s first jobs. At the middle level, only USIA president, ensured that WAO’s input was showed an increase (28 percent), and no constructive and sophisticated. WAO built progress was made by women at the 24-hour service as broad a constituency as possible to senior level. (301) 469-0910 avoid being tom apart by divisions be¬ The baniers for women were both FAX (703) 356-7033 tween the Foreign and Civil Service, of¬ systemic and psychological, beginning ficers and support staff, employees and with recruitment and progressing through wives. It needed allies: itfonned coalitions assignments, performance appraisals, and International Relocation Specialists with other voluntary organizations, such promotions. While agency heads exhorted as AFSA and the American Federation of their managers to obey the law (the Government Employees (AFGE). amended Civil Rights Act), there was little P A R D O E & effective follow-through. For the most Battling for men’s minds part, supervisors were unaware that their GRAHAM After the “revolution” came the crawl. underlying assumptions about women REAL ESTATE, INC. It was one thing to get broad policy were discriminatory and damaging. statements on equality—as welcome as 6729 CURRAN STREET, they were—and quite another to get them Evolutionary crawl MCLEAN, VA 22101 implemented by mid-level managers and These were the problems I inherited in (703) 734-7020 first line supervisors. WAO monitored the 1976 when I became WAO president. I progress. While the record was mixed, noted three other ominous signs: little, if certain patterns had emerged by 1975. any, access to senior managers in State “YOUR COUNTRY TEAM Foreign Service employees took ad¬ and the withering of the follow-up AT HOME” j-q vantage of the lifting of the marriage ban, mechanisms; a backlash against tandem and the number of tandem couples grew couples’ assignments; and discontent on

REAlTOf** rapidly. State (but not USAID or USIA) the part of Foreign Service wives and increased the recmitment of Women offic¬ secretaries who felt the women’s revolu¬ ers into the Foreign Service, but the tion had diminished their role and status. women continued to be concentrated in We worked with what we had. In 1975 consular, cultural, certain administrative, the department implemented a Civil Ser-

18 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 vice Merit Promotion system to provide Agenda for the 1990s for more systematic and open competition Women in the foreign affairs agencies for jobs. WAO pressed for better coun¬ have made significant strides, both MAYTAG seling, job descriptions, performance ap¬ quantitatively and qualitatively. Many m®Washers and Dryers praisals, and training opportunities. It also foimer clerks and secretaries have moved began a series of “self-help” noontime into new fields with higher career ceilings, programs to explain changes in person¬ especially in administrative and technical We are proud to introduce nel policies, help employees take advan¬ jobs. Women are now better represented Maytag’s new line tage of existing opportunities for ad¬ in “non-traditional” occupations and serve vancement, and improve job skills. in every region of the globe. Today there Now on display in our But with change slowed to a glacial are more than 800 tandem couples. More showroom pace, WAO felt compelled to work out¬ women are in the senior grades and in side the system to get results. In 1976, it leadership positions in State, USAID, and □ Manufactured for use over¬ joined the class action suit (filed by Alison USIA. seas not converted or trans¬ Palmer and other women FSOs) charging Nevertheless, our battles for equality, formed the department with sex discrimination advancement, and dignity are certainly against Women FSOs. Soon thereafter, not over. Many problems remain the □ International warranty the recruitment of entry-level women same: neglect of the Civil Service, lack of FSO’s shot up. upward mobility programs for lower and □ Free local delivery when The appointment by Secretary Vance mid-level Civil and Foreign Service women you mention this ad, when in 1977 of an Executive Level Task Force in State, and reliance on increased intake you place an order on Affirmative Action had the potential for of entry-level women Foreign Service addressing other major grievances. These generalists to “trickle up” to the mid- and □ Also featuring Amana, included more choice in functional spe¬ senior levels over time. The glass ceiling cialties, good assignments, and faster pro¬ persists. And, there is a whole series of Frigidaire, Black and Deck¬ motions. Sadly, little progress was made. problems to be grappled with as the result er, Caloric, Philips, Ken¬ Personnel managers failed to acknowledge of more married women with careers. wood, Grunbig, Panasonic, that the system was biased by sex ste¬ Management can be, and often is, an Sansui, Sony reotypes of a “woman’s place” and ally. WAO maintains a dialogue with “women’s work.” They emphasized senior management in the three agencies. bringing in women political appointees While such managers may well be sym¬ * Exclusively for use overseas for senior level jobs rather than develop¬ pathetic, in my experience effective change ing existing women employees and pro¬ requires that they be given informed moting from within. analysis of problems and constructive Some Foreign Service spouses also solutions that benefit the system as a American Int'l Exports, Inc. turned to outside help when they could whole. And that takes time, organization, (301) 585-7488 not get satisfaction from working within and leadership. FAX: (301) 585-1804 the system. In 1975, a WAO Study Group I come away from my 17 years in WAO on Spouses, led by Hope Meyers, met with the conviction that individual women with the director general for personnel to and men can make a difference: in their ask for help: in increasing their employ¬ own lives and for their profession as a Showroom at: ment opportunities inside and outside of whole. I was able to marry, have a family, 8834 Monard Drive the posts abroad and in creating a liaison and pursue a career. For me, activism was Silver Spring, MD between the department and families. early reality training in how the personnel They were told that as “private persons” system worked and how to use the career¬ not employees, they could not be helped relevant skills of organizing, strategizing, Quality since 1964 by the department. In response, the group drafting, and briefing. And, it was the created a Research Committee on Spouses source of some of the deepest friendships and developed its own world-wide I now savor. ■ Spouses’ Skills/Talent Data Bank with EJl MAYTAG over 1000 listings, almost half with ad¬ ■HBPSTHE DEPENDABILITY PEOPLE vanced degrees. Then, led by Cynthia A Foreign Service officer from 1956to Chard, the group effectively lobbied the 1986, Marguerite Cooper was a Senate Foreign Relations Committee for founding member of the Women’s Ac¬ authorization of the Data Bank and what tion Organization and its president later became the Family Liaison Office. In from 1976to 1978 and vice president this effort, WAO joined forces with the for State from 1978 to 1981. She is American Association of Foreign Service currently a political consultant and Women (AAFSW). campaign professional

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL *19 AND T H E

C 0 N S T I T U T I 0 N

1 he War Powers Resolu¬ Passed over President Nixon’s veto on November 7, 1973, the statement of purpose and policy of this joint ¥ resolution of Congress says: tion urges on the Ameri¬ The constitutional powers of the president as com¬ mander-in-chief to introduce the United States armed can people an interpretation of forces into hostilities or into situations where immi¬ nent involvement in hostilities is clearly indicated by the Constitution that appears to the circumstances are exercised only pursuant to (1) a declaration of war, (2) specific statutory authoriza¬ tion, or (3) a national emergency created by attack require a choice between inaction on one hand and upon the United States, its territories or possessions, or its anned forces. committing the United States to an all-out, formal On the basis of this argumentative assertion of constitu¬ tional law, the resolution purports to require the president “war” on the other. When the president and the “in every possible instance” to “consult with Congress before introducing United States armed forces into hostili¬ Congress—both elected by all the people—agree that ties or into situations where imminent involvement in hostilities is clearly indicated.” And, where American forces are nonetheless introduced into hostilities without a decla¬ a middle course, local use of force, is desirable to ration of war by Congress, various reports are required, even if the Congress is not in session. A definitive call by the achieve U.S. policy goals, it is hard to understand why Senate president and the speaker of the House to file the first such report sets a clock ticking: it requires the president they should be constrained to an extreme. Certainly within 60 days to “terminate” the use of U.S. amied forces, unless Congress has declared war or has extended the period for not more than 30 days. neither international nor constitutional law requires No Congress can by legislation limit the constitutional authority of its successors, and in cases of inconsistent such a result. legislation, the later in time supersedes the earlier. There-

ALFRED P. RUBIN

20 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 fore, the attempt to limit the author¬ ity of a later Congress to authorize military action for longer than 30 days beyond the initial 60 is clearly unconstitutional. But that is moot; JtltlllllHC since the resolution was passed, no president has issued a first report, iiiniiiiKii ! iliumfII^ DQD0I10QD and there has been no definitive call for one, despite a number of instances that seem to fall within its scope: we have stationed Marines in Beirut during a civil war there, naval forces in the Persian Gulf during an all-out war between Iraq and Iran, and actually invaded Grenada and Panama. Despite books and articles supporting the constitutionality of the resolution, no one seems able to explain why it has not worked for 17 years. Some castigate a supposedly su¬ pine Congress for not demanding obedience to the asserted “law,” implying that the speaker of the House should be replaced; the vice president, as president of the Sen¬ ILLUSTRATIONS B ate, impeached; or the president himself should be impeached for failing to obey his constitutional responsibility to “take care that the Laws be faithfully executed.” wwhen Grotius wrote in 1625, a declaration of war had obvious WHAT IS WAR? When Grotius wrote in 1625, a declaration of war had legal functions unrelated to the obvious legal functions unrelated to the use of armed force. use of armed force. It turned It aimed “neutrals” into “belligerents” and permitted a belligerent to intern “enemy” aliens and sequester their “neutrals” into “belligerents” property for the duration of the war. It turned neutral and permitted a belligerent to merchant vessels into enemy vessels, subjecting them to seizure in port, capture at sea, and possible sale in a “prize intern “enemy” aliens and court,” with the proceeds of the sale distributed according sequester their property for the to the international law of “prize.” These and many other legal effects were well known to our revolutionary genera¬ duration of the war. It turned tion. Our government first applied them during the wars of neutral merchant vessels into the French Revolution, when we expelled the French consul, Citizen Genet, in an incident well known to sttidents enemy vessels, subjecting them of U.S. diplomatic history. to seizure in port, capture at The power of Congress to “declare war” occurs in the same clause of the Constitution (Article I, Section 8, Clause sea, and possible sale in a 11) as the power to “grant Letters of Marque and Reprisal” “prize court, ” with the proceeds and to make “Rules concerning Captures on Land and Water.” All the rest of the Congress’s “war powers” are in of the sale distributed according other clauses. Letters of marque and reprisal and the law of to the international law of captures are parts of the law of war that applied then (and apply now) to govern private property rights and personal “prize. ” status affected by local military actions; a declaration of war makes the law of war applicable to general relations between states. This is evidence that the framers of the Constitution and the legislators of the states considering

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 21 practice, moreover, has been to reduce the legal significance of the power to “declare war,” not to limit the power of the president as commander in chief during peacetime as well as wartime to order U.S. forces into hostilities under the laws of war. In some cases, Con¬ gress has even authorized the president to use his authority as commander in chief to en¬ gage U.S. armed forces in “unneutral service;” no decla¬ ration of war was ever consid¬ ered necessary as a prerequi¬ site. In some cases, such as the transfer of 50 overage de¬ stroyers to the United King¬ dom in 1940 and U.S. protec¬ ratification had in tion of convoys to the United Kingdom in 1941—distinctly ruler the Constitution, no mind the legal im¬ “unneutral” acts during the Second World War—the presi¬ money can legally be drawn from pact of a declaration dent acted without specific congressional authorization. of war on personal Some would limit the commander-in-chief power by the federal treasury “but in status and property citing the power of the Congress to “declare war,” referring consequence of Appropriations rights. Language to Federalist No. 69 as well as to the Constitution. But this taken from interpretation of the Constitution does not seem to involve made by Law. ” Congress has the Madison’s notes that any analysis of the function of declarations of war in legal power “to raise and support might seem to show or historical context, and Federalist No. 69 does not pose the some other notions power of Congress to declare war as a limit on the authority Armies, but no Appropriation of in the minds of some of the president to order military action. Money to that Use shall be for a of the framers was not given to the states UN AUTHORITY longer Term than two years. ”... or even to the per¬ The United Nations Charter is a treaty of the United States [Congress] would have no sons supposed to and thus supreme law of the land. Under the charter, the have been quoted. It Security Council, the only body with authority to require difficulty in making the costs of is hard to understand member states to act militarily, has not required the United their overseas stationing or why Madison’s re¬ States to do anything except embargo exports to Iraq and ports of unclarities possibly to make some reports. Its authorization to enforce movement a line item as well. in the minds of some the Iraq embargo against third states cannot be self¬ framers should be executing in the United States to the degree that military construed to create doubts about legal relationships well forces are involved in the enforcement action. Aside from understood by international lawyers in 1787 (and 1990), and unresolvable questions regarding the threshold of self¬ why, even if tire doubts were created, they should be used execution of treaties under our Constitution, the use of to resolve questions of interpretation arising out of language military forces requires money, and only the Congress can ratified by the states without reference to those doubts. enact legislation in the United States appropriating funds In the early days of the Roman Republic, declarations of necessary to discharge our obligations to the United war had a religious meaning, involving the “god” of the tribe Nations. Indeed, we are almost two years in arrears of dues in the tribe’s struggle for survival or gain. Since that meaning that we owe under the obligatory assessment system was eroded in the days of the Roman Empire, states have created by the charter. It is difficult to understand why, often declared war for the sake of legal results having under U.S. constitutional law, the fundamental appropria¬ nothing to do with fighting, and have often engaged in tions authority of the Congress should be regarded as hostilities without any declaration of war. In the latter cases, preserved with regard to our non-discretionary institutional the laws of war have been applied to the particular assessments but not with regard to discretionaiy action engagement, ships have been taken as “prize,” and captives under the authority of the Security Council. treated as prisoners of war; the Supreme Court held this position the first times the issue arose, in Bas v. Tingy (1800) POWER OF THE PURSE and Talbot v. Seeman (1801), and has reiterated it whenever The obvious solution to the political and legal problem the issue has been adjudicated. The effect of congressional of assuring the Congress a determining role in the decision

22 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 to use force lies in the appropriations power. in huge numbers to defend Saudi Arabia and possibly to Under the Constitution, no money can legally be drawn engage in military operations against Iraq, but it seems to rest from the federal treasury “but in consequence of Appropria¬ on general appropriations, not on any reasoned consider¬ tions made by Law.” Congress has the power “to raise and ation by Congress as to how the taxpayers’ money should support Armies, but no Appropriation of Money to that Use be spent on specific, narrowly focused, long lead-time shall be for a longer Term than two years.” (No such limit military ventures. Thus, even if that stationing had been of time hampers the authority of the Congress “to provide undertaken pursuant to the UN charter, it is not clear that the and maintain a Navy.”) For many years, with few excep¬ build-up to the present size can be supported by appropria¬ tions, every item of military construction abroad has been tions. If it can be supported by appropriations, then it is a separate line item in the Defense Department budget, difficult to understand the fuss about the War Powers which could be stricken by Congress. If Congress wanted resolution. The normal rule of statutory constmction is that to control the movement of troops, it would have no in case of conflict between statutes, die later statute governs. difficulty in making the costs of their overseas stationing or There is little doubt that an appropriation effective in 1990 movement a line item as well. If a general authority to spend must have been passed long after die War Powers Resolu¬ money is felt desirable to delegate to the president as tion of 1973 and, to the extent authorizing the expenditure commander in chief for emergency movement of troops, of funds for purposes forbidden by that resoludon, super¬ limited appropriations for that purpose could be made a sedes it. Of course, the Congress can still exercise the line item, or, as happened with regard to the use of discretion it undoubtedly has to determine limits on the American forces in Cambodia, a separate act could be future availability of public funds for foreign military adven¬ passed restricting the use of otherwise available funds to tures. forbid a stationing or movement the Congress was not Nor can contributions from other member states of the satisfied was wise. coalition Uying to restore Kuwait’s independence replace As things stand now, every penny that is spent by the appropriations. Under the legislation implementing the United States to support our forces in the Persian Gulf area Constitution’s grant of the appropriations power to Con¬ has been appropriated by Congress for that use. No item of gress, all monies received by the United States must be equipment can be used, no bullet issued from inventory, deposited in the Treasury, and generally only funds autho¬ without authorizing legislation. Thus, it is not true that rized by Congress can pay the expenses of the United States. Congress has no control over a panicky executive’s use of That was the essence of the Iran-Contra scandal: the attempt the commander-in-chief power. Congress can even encour¬ to set up a secret slush fund for unauthorized activities by age the use of force, if it wants to, without declaring war. the executive without congressional appropriation. While it cannot order the troops or ships directly into action, it can authorize military action, as it did in the Gulf of Tonkin OVERRIDING WAR Resolution of 1964. It could appropriate the funds to POWERS support overseas advenmres of which it approved, as it In sum, the Congress has ample tools available to restrain appropriated the funds necessary to support President a president suspected of instability or unwisdom in his Jefferson’s dispatch of the fleet to Tripoli in 1802. exercise of his constitutional authority as commander-in- chief of the armed forces. The War Powers resolution, to the CONSTITUTIONAL degree that it sets up a requirement of an authorizing statute, "GIMMICK" seems to have been met by appropriations. To the degree There are other constitutional powers available to the that it sets up a “declaration of war” prerequisite to the use Congress if it wants to control the executive. For example, of that authority, it has not worked for 17 years and will not the Senate must support by a simple majority the appoint¬ work now, because authorizing the use of force or the ment of “public ministers,” a phrase that has been inter¬ expenditure of public monies is not and has never been the preted to include cabinet and many other executive branch constitutional function of a declaration of war. If the appointments. The Congress has the power by law to concerned minority cannot muster the votes necessary to determine the organization of the executive branch, at least implement the restraints they would like to place on the with regard to “Appointments . . . not otherwise provided president consistently with the Constitution, then that is the for [in the Constitution] and which shall be established by result of democratic choice under our Constitution. The Law.” minority may be wiser in their policy preferences than the All of this makes incomprehensible the reliance on the majority; the Constitution does not compel the majority to power to “declare war” as the basis for legislative compe¬ be wise, nor does it make wisdom a necessary part of our tence to limit unwise action by the president, except, law-making process. But authority is the bottom line of perhaps, as a search for a constitutional gimmick to replace constitutional law, and meddling with the distribution of the inability of a convinced minority of Congress to muster authority in order to achieve wise policy starts us on the path the necessary majority to pass the obvious legislation to the very tyranny the Constitution was drafted to avoid. ■ limiting appropriations, disposal of government property, or appointments. Alfred P. Rubin is professor of international law at I suppose there is some appropriation act authorizing The Fletcher School of Law and Diplomacy, Tufts the spending of money to station American military forces University.

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 23 A SOURCE 0 F

PRESIDE N T I A L STRENGTH

tee Chairman John Stennis—were staunch proponents of the War Powers Act. Moreover, the charge of hastiness is blatantly false. The War Powers Act reflected a very broad national consensus worked out over 3 1/2 years and was enacted only after exhaustive hearings and extensive floor debate. These facts cannot be glossed over: the Senate voted 72 to 18 for the original Senate bill, 75 to 20 for the House- Senate conference bill, and 75 to 18 to override President sions. The debate has spurred discussion of the War Nixon’s veto, making War Powers the only law passed over Nixon’s veto in 1973. The principal sponsors of the War Powers Act Powers Act enacted in 1973. Misconceptions about the were Senators Jacob Javits and Stennis, both men of judicious temperament, outstanding lawyers, law abound. and brilliant legislators with decades of experience in the national security field. Hardly members of First is the idea that the War Powers Act was some the Woodstock generation, they were unabashed patriots and lifelong proponents of American strength and world leadership. But they were hasty and ill-conceived measure directed at the appalled by the quagmire of Vietnam, the break¬ down in relations between the president and the ongoing Vietnam War. On the contrary, the dwindling Congress, and the dangerous isolation of the presi¬ dency—factors that collectively had precipitated Vietnam War was specifically exempted from the act’s the gravest national and constitutional crisis of this century. They were determined to enact a statutory framework to induce and facilitate a functioning provisions, and many leading supporters of the partnership between the president and the Congress as the sine qua non of national effectiveness in a Vietnam War—preeminently Armed Services Commit¬ dangerous world.

ALBERT (PETER) LAKELAND

24 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 THE FRAMERS' INTENT The easiest defense of the War Powers Act is argued I he War Powers Act reflected solely in terms of “original intent,” a doctrine much in a very broad national consensus vogue today. However, while “original intent” was indeed the starting point for drafting the War Powers Act, worked out over 31/2 years and a conscious effort was made to translate that original was enacted only after exhaus¬ intent into a legislative framework reflecting the exigen¬ cies of America’s current status as a 20th century super¬ tive hearings and extensive power and leader of a worldwide coalition of free floor debate. These facts cannot nations. To understand the War Powers Act, it is necessary to be glossed over: the Senate examine the Constitution itself and its “original intent” —- voted 72 to 18 for the original what we call today “legislative history. ” The wording of the Constitution, as well as contemporaneous explana¬ Senate bill, 75 to 20 for the tions by the framers themselves, shows that the framers House-Senate conference bill, intended to vest the decisive war powers in the Congress. The Constitution is notably terse and sparse. Nonethe¬ and 75 to 18 to override Presi¬ less, Article I, Section 8 enumerates the war powers of the dent Nixon’s veto, making War Congress in some detail: e.g. “provide for the common defense,” “raise and support armies,” “provide and Powers the only law passed maintain a navy,” “make rules for the government and over Nixon’s veto in 1973. regulation of the land and naval forces,” and, most important, “declare war.” In addition, the Constitution gives to Congress the power to respond to terrorism and

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 25 irregular attacks short of war. This power, as expressed in authority would be nominally the same with that of the vocabulary of the time, is to: “define and punish the king of Great Britain, but in substance much piracies and felonies committed on the high seas and inferior to it. It would amount to nothing more than offenses against the law of nations,” and to “grant letters of the supreme command and direction of the military marque and reprisal.” and naval forces, as first general and admiral of the Over against these plenary and cumulative war powers confederacy; while that of the British king extends to given to the Congress, Article II, Section 2 of the Constitution the declaring of war and to the raising and regulating states: “The President shall be commander-in-chief of the of fleets and armies—all which, by the Constitution army and navy of the United States, and of the militia of the under consideration, would pertain to the legisla¬ several states, when called into the actual service of the ture.” United States." The historical record shows clearly It is thus clear from the contempo¬ rary evidence that the framers of the that in designating the president as com- The historical record shows Constitution, in giving the commander- mander-in-chief, framers of the Consti¬ in-chiefship to the president, did not tution intended not to strengthen the clearly that in designating the intend it as a grant of authority in president vis a vis the Congress (whose president as commander-in- diminution of the war powers they had agent he was in these matters), but rather granted so specifically and in so plenary to strengthen him against the governors chief, framers of the Constitu¬ a fashion to the Congress. Rather, it was of the 13 states who were the command- tion intended not to ers-in-chief of their state militias. For it a measure to assure the supremacy of was those state militias which, when strengthen the president vis a the federal authority over the authority of the constituent states, and in this called to national service by the Con¬ vis the Congress (whose equation the president, as commander- gress, constituted the whole of the armed in-chief, was to be the agent of the forces of the country at that time. A agent he was in these mat¬ corollary reason for designating the Congress and not its rival. ters), but rather to strengthen With this in mind, we can proceed to president as commander-in-chief was to divining the meaning of the authority assure civilian supremacy over the mili¬ him against the governors of tary. given to Congress to “declare war.” The the 13 states who were the penultimate draft of the Constitution gave In 1976, under a commission from the American Bar Association, Judge commanders-in-chief of their Congress the power to “make war.” The change in final wording resulted from an Abraham Sofaer published a historical state militias, for it was those amendment offered by James Madison. study entitled War, Foreign Policy and Constitutional Power. Sofaer’s conclu¬ state militias which, when Madison explained this amendment in the record he kept, and later published, of the sion with respect to the Constitutional called to national service by Convention’s decision to designate the proceedings of the Constitutional Conven¬ tion. Madison’s explanation is as follows: president as commander-in-chief is stated the Congress, constituted the as follows: whole of the armed forces of “Madison then moved to insert “declare,” striking out “make”; “The commander-in-chief power re¬ the county at that time ceived extraordinarily short treatment, leaving to the Executive the power considering its subsequent impor¬ to repel sudden attacks.” tance. What was said contained no hint of any This terse sentence is of great importance to understand¬ authority based on this provision to use the armed ing constitutional intent and thus to understanding the forces without legislative approval.” rationale of the War Powers Act, which flows directly from The writings of Alexander Hamilton are particularly this road map provided to us by Madison in his explanation instructive on the role of the commander-in-chief. Everyone of his amendment. First, it is clear that “declare” in the at the Constitutional Convention knew that George Wash¬ parlance of the day meant “decide”: Congress has the power ington would be elected as the first president, and the to decide the question of war or no war. Second, Madison’s presidency was shaped with Washington in mind. Hamilton explanation spells out, albeit cryptically, the crucial nature of the had been Washington’s military aide during the Revolution. interface intended between the president, in his limited, adjunct Moreover, early in the convention Hamilton had put forth role as com mander-in-chief and the Congress as the decider of his own plan of government, unabashedly built around an war. all-powerful president-for-life. Hamilton’s plan was deci¬ What Madison tells us with his amendment is that while sively rejected. Against this background of personal defeat, the commander-in-chief nonrtally was an authority only to Hamilton’s words in the Federalist Papers, No. 69, carry cany into execution a prior congressional decision to make special weight: war, he was intended also to be “free to repel sudden attacks.” “Free” from what? Free from the requirement of a “The President is to be commander-in-chief of the prior congressional decision. “Free” to do what? Free to army and navy of the United States. In this respect his “repel sudden attacks.”

26 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 Here, buried cryptically within the words of the Consti¬ According to Madison’s own account: tution itself, is the vesting in the commander-in-chief of a “Mr. Madison then moved to authorize a concur¬ limited but essential power to undertake emergency defensive rence of two-thirds of the Senate to make treaties of actions on his own authority. This provided the key to the peace, without concurrence of the President. The drafting of a 20th century War Powers Act that would be in literal President, he said, would necessarily derive so and spiritual consonance with our 18th century Constitution. much power and importance from a state of war that The essence of the War Powers Act was to delineate in he might be tempted, if authorized, to impede a clear statutory language the procedures and institutional treaty of peace.” mechanisms to be followed in circumstances where the commander-in-chief undertakes emergency defensive ac¬ Madison proved to be prophetic. To quote from a toast tion without prior congressional autho¬ by President Nixon to Lyndon John¬ rization. Having such arrangements in son in April 1972: place is absolutely essential. Not only I he essence of the War “Each of us in his way tries to leave the Constitution but bitter experience [the presidency] with as much re¬ has taught us that conjoining the powers Powers Act was to delineate in spect and as much strength in the and responsibilities of the Congress with clear statutory language the world as he possibly can—that Ls his those of the president is prerequisite to responsibility—and to do it in the success—however much it may discom¬ procedures and institutional best way he can But if the United fit the national security bureaucracy in mechanisms to be followed in States at this time leaves Vietnam the executive branch. The War Powers and allows a Communist takeover, Act states that this conjoining must be circumstances where the the office of the president of the accomplished within 60 days, or the commander-in-chief undertakes United States will lose respect, and president will be left without constitu¬ I am not going to let that happen.” tional authority to continue. emergency defensive action Establishing this legislative frame¬ without prior congressional The specter of self-aggrandizing, work and specific time period is clearly “imperial president” acting has dimin¬ within the constitutional authority granted authorization. Having such ished precipitously. It has been sup¬ to the Congress in Article I, Section 8: arrangements in place is planted by the spectacle of acute disor¬ der within die executive branch. This “To make all laws which shall be absolutely essential. Not only problem was very much in evidence necessary and proper for carrying during the Carter and Reagan adminis¬ into execution the foregoing pow¬ the Constitution but bitter trations in the national security area, as ers, and all other powers vested by experience has taught us that departments feuded and undercut each this Constitution in the Government other. The president seemed to have of the United States, or in any conjoining the powers and become too weak—not master of his department or officer thereof.” responsibilities of the Congress own house—a trend which culminated with those of the president is in the Iran-Contra fiasco. CURBING The situation has improved in the OVERWEENING prerequisite to success... Bush Administration, reflecting the POWER president’s personal experience and Putting aside the constitutional nice¬ active interest in national security af¬ ties, it is politically untenable for a president unilaterally to fairs as well as Secretaiy Baker’s diplomatic ingenuity and wage a sustained war. Both Lyndon Johnson and Richard political savoirfaire. Nixon were driven from office by the consequences of Nonetheless, given its constitutional parameters, the their effort—not by the Congress but by the American commander-in-chiefship still lacks conceptual and institu¬ people. tional coherence within the executive branch. This is A primary motivation for enactment of the War Powers evident in the prolonged maneuvering between the White Act was a perception of dangerous and overweening House and the Congress over the use of force in the strength in the presidency in matters of war, resulting in a Persian Gulf. Failure to conjoin with the Congress in any profoundly disruptive constitutional imbalance. Certainly decision to initiate hostilities would be a constitutional as our nation witnessed, within one six-year period, the well as pragmatic blunder. The War Powers Act provides painful spectacle of two exceptionally “strong” presidents a ready statutory mechanism. If used by the president as (Lyndon Johnson and Richard Nixon) being driven from its sponsors intended, it could be a source of strength to office on the very issue of attempted unilateral presidential the president and the nation. ■ war-making. Both made the mistake of believing they had the war powers of a king. Albert (Peter) Lakeland, an attorney and fortner During the Constitutional Convention, Madison an¬ Foreign Service officer, was principal draftsman of ticipated a future problem of this nature. He offered an the War Powers Act in his capacity as executive amendment to the treaty clause, which he later withdrew. assistant to the late Senator Jacob Javits.

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 27 The Khartoum murders and U.S. policy on terrorism

AT A FEW MINUTES PAST 7 P.M. ON MARCH 1, 1973, PALESTINIAN Khartoum was also the first instance in which the policy gunmen belonging to the Black September Organization, of “no deals and no concessions” was put to the test; in fact the secret ten or arm of Yasser Arafat’s Al-Fatah, burst into it was the first instance in which this policy was officially the Embassy of Saudi Arabia in Khartoum, Sudan, just as the proclaimed. farewell reception that the Saudi ambassador was holding for George Curtis Moore, the counselor of the American The cost of ransom Embassy, was drawing to a close. They seized Moore, U.S. Ambassador Cleo A. Noel Jr., and Belgian Charge d’Affaires Guy Eid. They announced their demands: the release by the In the beginning, there was no policy proscription United States of Sirhan Sirhan (the killer of Senator Robert against meeting terrorists’ demands. When Ambassador Kennedy), of Black September operative Charles Burke Elbrick was kidnapped Abu Daoud and a number of other Pales¬ 3 on September 4,1969 in Rio de Janeiro, tinians held in jail in Jordan, and of un¬ = Washington responded by pressing a specified Palestinian prisoners in Israel. i| reluctant government of Brazil to ac- Twenty-six hours later, after the United I cede to the terrorists’ demands. The 5 Brazilians released 15 left-wing political ” prisoners, and Elbrick went free. Washington’s action saved Elbrick’s life. He later said he never had any doubt that he would have been shot if any¬ “We U thing had gone wrong. W ill Not Ray

DAVID A Blackmail KORN

States, Jordan, and Israel had all publicly declared that they But the success of Elbrick’s kidnappers soon caused would not meet any of the Black September demands, the others to emulate them. The following year, 1970, became gunmen murdered Moore, Noel, and Eid. the year of kidnappings of foreign diplomats in Brazil: in It was the first instance in which terrorists seized a U.S. March the Japanese consul general, in June the German ambassador and a senior member of his staff and then ambassador, and in December the Swiss ambassador. At the killed them after ransom demands were refused. So far, it behest of the diplomats’ governments, the Brazilians ran¬ has remained the only one. Ambassador Roger Davies was somed each of them. When the West German ambassador killed in an attack on the American Embassy in Nicosia in to Guatemala, Count Karl von Spreti, was kidnapped in 1974; Ambassador Francis E. Meloy and Counselor Robert March 1970, Bonn wanted the Guatemalan authorities to Waring were seized by Palestinian gunmen in Beirut in ransom him too. But the government of Guatemala declined 1976 and killed on the spot, with no ransom demands to meet the kidnappers demands or even to negotiate with made; and Ambassador Adolph Dubs was killed in Kabul them. Von Spreti’s body was found in an abandoned hut six in circumstances that have never been fully elucidated. days after he was seized. The West Germans did not Ambassador Diego Asencio was seized in Bogota in applaud Guatemala’s steadfastness in refusing to deal with February 1980 together with other foreign diplomats and held for ransom. The United States and Colombia refused In the photo above, a former hostage from a highjacked TWA airliner to pay up, but Asencio was more fortunate than his greets a loved one on his return at Andrews Air Force Base in 1985. In colleagues in Khartoum. Two months to the day after the highjacking incident, one American was killed by Shiite extremists, being taken hostage, he was released unharmed. while 39 American men were kept hostage for two weeks.

28 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 terrorists. Instead, Bonn reacted angrily. It accused the general without an army. He was responsible for coordinat¬ Guatemalans of abetting murder, and it withdrew most of ing everything the U.S. government did in regard to the staff of its embassy. terrorism and for giving direction and leadership to U.S. policy. But the entire staff under his direct orders was to Stonewall tactics consist of one middle-grade officer and one secretary. As for the rest, he had to rely on what he could wheedle and cajole out of other agencies that often felt they had more pressing The United States became the first not to ask another priorities. government to ransom its personnel. On July 31, 1970, He was also to be the custodian of a policy for which, at Tupamaro guerrillas in Montevideo seized Dan Mitrione, an the outset at least, no one in the department wanted to Indiana police chief sent to advise the Uruguayan police assume responsibility. The policy was brief and to the point. under a U.S. assistance program, and demanded the release It consisted of three no’s: no negotiations with tenorists, no of Tupamaros held in Uruguayan jails. The president of deals with them, and no concessions to them. It was the Uruguay announced that no deal would be made. The absolute contrary of the FBI’s policy on domestic kidnap¬ United States evidently did nothing to encourage him in this ping, which was and is to negotiate, make deals, pay stance but neither did it try to change his position. Fifteen ransom—in short, do anything to assure the safety of the days after Mitrione was seized, the Tupamaros shot him hostages. It came handed down in the name of the through the back of the head and left his body in a stolen president, but many suspected that its real author was car. They later explained that they felt they had no choice. Nixon’s national security adviser, Henry Kissinger. If the kidnapping exchange method were to be an effective Many—including, apparently, Nixon and Kissinger— tool, it had to be earned to its logical conclusion. thought the policy was modeled on Israeli policy. This At the time, however, the Mitrione case was viewed in reflected a rather common misunderstanding: the Israelis Washington as an isolated incident. The Nixon loudly proclaimed their refusal to pay ransom, and they Administration’s refusal to ask the government of Uruguay often followed that policy, butonly when they saw a possibility to ransom him was not seen as establishing a general policy. of freeing their people by military action. Where there clearly It had as much to do with the particular circumstances in was no such possibility, they almost always sought a deal. Even Uruguay, where the Tupamaros had for some time been at Munich, at the veiy last minute Golda Meir secretly offered the carrying out a campaign of terror and of kidnapping, as it Black Septemberterrorists a deal. (It fell through owing to a glitch did with die belief that paying ransom was in and of itself in the terrorists’ arrangements for obtaining approval for an wrong and would lead to more terror and more kidnapping. agreement on terms other than their original demands.) The It was the Black September’s capture and killing of Israeli Israelis were ready to make close calls, and sometimes their athletes at the Munich Olympic games, in September 1972, people died because they miscalculated, but they never that precipitated matters. The seizure of the Israeli pavilion deliberately sacrificed anyone to the principle of “no by gunmen wearing ski masks and the massacre of nine ransom.” Israeli athletes in a bungled rescue attempt took place on The White House handed down the no negotiations, no camera, before the eyes of the entire world. It brought deals, and no concessions policy not for discussion or study, home, as little else could, the horror of terrorism. Publically, but only for implementation. But when Ambassador Meyer the Israelis had refused to bargain for the lives of their drew up a message to the field to advise posts of it, he found athletes. Richard Nixon had always admired the Israelis’ that Secretary Rogers would not sign it, and neither would toughness, but never more than now when, it seemed, they any other senior officer of the department. All recognized had been ready to sacrifice their own people’s lives for what only too well that it declared forfeit the lives of American Nixon saw as a matter of principle. Foreign Service officers in the event they were taken hostage, and all were hesitant to associate their names with The three no’s it. It seemed just too callous. “This is Haiti” Two weeks after Munich, Nixon announced the establish¬ ment of a Cabinet Committee to Combat Terrorism, com¬ prising 10 departments of the government and headed by The new policy was generally known around the Secretary of State William P. Rogers. A week later, on October department—not long before he left for Khartoum, Cleo 2,1972, Rogers announced the appointment of Armin H. Meyer, Noel had been in a staff meeting where it was discussed. The former ambassador to Lebanon, Iran, and Japan, to chair the policy had still not been publicly announced, however, Cabinet Committee Working Group and to be his own special when Ambassador Clinton Knox was held by gunmen at his assistant and coordinator for combatting terrorism. residence in Port-au-Prince on January 23, 1973- Knox’s Armin Meyer was to be the first head of what came to be captors demanded the release of 31 of their group held in known as S/CT. The creation of the Cabinet Committee and Haitian jails and the payment of $500,000. Otherwise, they of his office made it sound as though the Nixon Adminis¬ said, they would kill Knox and his consul, Ward Christensen, tration were gearing up for a high-powered campaign who had been lured by the gunmen to Knox’s residence. against terrorism. In fact, however, Meyer was to be a Deputy Under Secretary for Administration William

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 29 as a model for how to deal with diplomatic hostage-taking. Its main elements were to get the terrorists past their first keyed-up hours, to bring them to break their deadlines, to wear them down to the point of exhaustion and get them to think about saving their own skins, then give the only deal that the administration’s policy would con¬ done—safe passage in return for release of the hostages. The problem with the Bangkok solution was that, from Black September’s perspective, it was a model of what should not be al¬ lowed to happen. Bangkok was a humiliating setback for the terror¬ ists, and one of the reasons for the Khartoum operation was Black September’s determination to prove to the world that if its demands

g were not met, it would kill its | hostages. And that is precisely what 2. it did in Khartoum, i The Khartoum killings aroused I considerable unease and no small measure of quiet criticism of the Cleo A. Noel Jr. takes his oath as U.S. ambassador on March 1,1973, while his wife, Lucille, holds the Bible. Administering the oath was George Curtis Moore, embassy counselor. Both Noel and president and the administration in Moore were seized the same day by Black Hand terrorists and murdered the following day. the ranks of the Foreign Service. Three hours before the Black Sep¬ Macomber flew to Haiti. Macomber told President Jean- tember gunmen shot Moore, Noel, and the Belgian charge, Claude Duvalier, who was personally handling the negotia¬ Nixon defiantly declared to the press: “We will not pay tions with the terrorists, that the American policy was to pay blackmail.” Many—among them, some who were to rally to no ransom and make no concessions and that U.S. advice the president’s defense—felt that it was one thing to decide to the government of Haiti was the same. Duvalier, who was on a policy of no concessions and quite another to flaunt it 21 at the time, replied: “That may be what you say in the in the faces of amied killers holding defenseless hostages. United States, but this is Haiti. If we don’t pay, they will kill The Black September terrorists themselves said that their them!” Duvalier talked the terrorists down to a better price— decision to kill Moore, Noel, and Bid was made after they 12 prisoners released and $70,000 in ransom—and then learned of Nixon’s statement. paid. Ambassador Clinton Knox emerged from his ordeal drained and shaken. At one point his captors had seemed Growing disco mfo r t quite genuinely on the verge of killing him. “It was a helluva thing,” he told reporters. “They threatened to blow my head off if they didn’t get what they wanted.” Nixon came to the State Department on March 6 and Although the happy outcome in Port-au-Prince occurred delivered an awkward speech in which he defended the no not because of but in spite of the administration’s no concessions policy. He declared before the assembled staff negotiations, no deals, and no concessions policy, Macomber that Rogers had told him a survey had been made of the counted his mission there a success. He later said that it was Foreign Service some months earlier on what FSOs wanted one of the considerations that led him to fly to Khartoum done if they were taken hostage, and that the unanimous after Moore and Noel were seized. Another was die success answer had been that no ransom should be paid. This came that the government of Thailand had had just a little over two as news to most of the president’s audience, for there had months earlier after a Black September team had seized the been no general survey, only, apparently, a sampling of Israeli embassy in Bangkok. The Thais had strung out opinion among senior officers. negotiations widi the terrorists and had worn them down Some argued in defense of die president that the Black until they finally agreed to release their six Israeli hostages September never intended Khartoum to be anything but a unharmed in exchange for guaranteed safe passage out of killing operation and that no matter what the United States, Thailand for themselves. It became known as die Bangkok Jordan, and Israel had done, Moore and Noel would have solution, and Macomber, Meyer, and others looked upon it had to die. This contention is most emphatically not borne

30 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 out by the department’s own classified records. Cables and aimed at introducing mote flexibility into U.S. policy, but they memoranda recently made available to this writer pursuant found little receptivity on the part of the administration. As then- to a Freedom of Information Act request show that tire Black AFSA President Tom Boyatt said later, “the basic attitude (of the September gunmen broke no fewer than four of their own administration) was that it was none of our business.” deadlines. They shed all their demands but the one that Critics of the “no deals, no concessions” policy point out called for release of Abu Daoud and a number of other that securing ransom is not always uppermost in the minds Palestinians held by Jordan. Had they wanted only an of terrorists. They do indeed take hostages to extort money excuse for killing there would have been no reason for them or free prisoners, but they also do it for other reasons, for to break deadlines or pare down demands. example, to bring their cause to world attention or to thwart After Dan Mitrione’s assassination, AFSA advocated an political developments that they oppose (the latter used by international convention that would pledge all govern¬ Palestinian groups that opposed Egypt’s rapprochement ments to refuse ransom, or, failing that, a unilateral Ameri¬ with Israel in the mid 1970s), or to prove a point (for can declaration in that sense. After the Khartoum murders, example, as with the Black September in Khartoum that however, opinion within AFSA swung a certain distance in they would kill if they did not get what they wanted). So the opposite direction. The senselessness and the brutality each case, critics say, needs to be looked upon as suigeneris of the murders, and Nixon’s controversial press conference and be dealt with according to its particular circumstances. statement, were the main reasons for this, but two other developments contributed to the general unease. One was Hidebound policy that King Hussein of Jordan, after having taken his cue from the United States and having refused to release Abu Daoud when this was set as the price for Moore’s and Noel’s lives, Next month will mark the 18th anniversary of the murder casually let the Black September operative and his col¬ of George Curtis Moore and Cleo Allen Noel Jr. Much has leagues go a few months later. The other was that after the changed in the interval. Fewer countries harbour or give aid Khartoum killers were tried by a Sudanese court and to terrorists and more are ready to impose stem penalties on sentenced to life in prison, President Nimeiry reduced their them. The United States’ reach is no longer confined to sentences to seven years and sent them off to serve that time domestic hostage-taking cases: since October 1984, there under the auspices of the PLO in Cairo, in effect all but has been a law on the books that authorizes the FBI to freeing them. The Ford Administration pulled Ambassador investigate and the Department of Justice to prosecute William D. Brewer out of Khartoum, but four months later hostage-taking anywhere in the world. But U.S. policy on it sent him back. And after some further delay, relations dealing with hostage-taking has changed very little: it between the United States and Sudan were gradually continues to be no deals and no concessions. “No negotia¬ normalized. tions” has been dropped, in recognition that if there is to be any hope at all of saving hostages one must at least talk to the captors, and that talking does not require making Demanding concessions. But in another respect the policy may have consisten cy become more inflexible. According to a senior official of S/ CT, tire United States would now probably no longer agree to allowing hostage-takers safe passage in return for the AFSA strongly protested the return of Ambassador freeing of their hostages unharmed. Brewer. Acting President F. Allen (“Tex”) Harris set out the There is no persuasive evidence that the no concessions association’s position in a letter to Secretary Kissinger not policy has been effective in deterring hostage-taking. On the long after Brewer was called back from Khartoum. The contrary, knowledgeable sources say that there have been association had supported the policy of refusing to pay ransom, and continue to be many plots to seize American ambassa¬ Harris wrote. “We believe, however, that the necessary collateral dors and other personnel overseas. What has defeated them policy must be that any nation which refuses to take conscientious is not the realization that the United States will not make action... against international murderers and extortionists must concessions or pay ransom but better protection, better face heavier costs for refusing to act against such criminals ... intelligence, and better international cooperation. If this is not the case, our entire policy must be reviewed. ” In other Essentially what happened on March 1 and 2, 1973 was words, the administration had to be consistent; if it was going to that those charged with rescuing two talented, dedicated, ask Foreign Seivice personnel to sacrifice their lives for the sake and honorable Foreign Service officers found themselves of a “no concessions” policy, it had to be ready to impose stern bound by a policy so rigid that it left them no recourse but penalties on governments that failed to punish their killers. to grasp at a solution that, under the circumstances, offered In August 1974 AFSA set up a committee to conduct its no realistic hope of success. The 18th anniversary of the own review of the administration’s policy, the Working Khartoum tragedy would be a fitting time to review that Group on Terrorism and Extraordinary Dangers. The initia¬ policy, before what happened in Khartoum happens again. ■ tive for this came from FSO Harry C. Blaney, who was to be the group’s chairman from its inception in 1974 until 1978. David A Korn, a former Foreign Service officer, is Blaney and the other members of the group held discus¬ writing a book on the assassinations of Curt Moore sions with management and made a number of proposals and Cleo Noel

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 31 BRIAN CARLSON

ne of the major and unique leave is to make sure that it includes ski the Rockies in December or January benefits you collect as a some real vacation time in a real vaca¬ (but not between Christmas and New Foreign Service family is tion place. Does this sound obvious? Year’s), or go to the mountains in the biennial home leave. Read on, and see if you’ve been making fall or spring. Congress mandates the most of home leave. Nothing, except perhaps the that an employee and Real vacation time means something children’s school schedule, says you his or her family must other than visiting relatives’ and friends’ must take home leave in mid-summer. return to the United homes. Whether you go to the beach, If your home leave is in connection States for at least 20 stay in the mountains, hike or bicycle, with a transfer from one post to another, working days during ev¬ or rent a recreational vehicle, make sure you might find it advantageous to delay ery couple of years of service, and this it’s a week or two of real vacation time. your departure until the end of summer. vacation time does not come out of Costs, of course, are a factor. But Your supervisor will be happy that the annual leave—it’s in addition to it. Yet you’ll probably be surprised by how position is not gapped, and your suc¬ for lack of careful planning, too many reasonable a vacation home or condo cessor will appreciate the reduced Foreign Service families fail to reap the can be, especially if you avoid renting pressure to get to post quickly. maximum advantage from this benefit. during the high season. Soak up the sun As for you, well, you’re also more One proven way to optimize home in Florida beach resorts in May or June, likely to find friends at home when you

32 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 Now America’s most experienced overseas mover is an approved Department of State contractor.

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34 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 ATTENTION... PEOPLE on the MOVE...

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36 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 DIPLOMATS IN HISTORY: THOMAS JEFFERSON

The following is excerpted from an original dispatch by ThomasJefferson, sent during his tenure as U.S. minister plenipotentiary in France to Vice PresidentJohn Adams. This is the first in an occasional series of historical documents by or about American representa¬ tives abroad The dispatch and introductory note have been provided by Peter D. Eicher, a Foreign Service officer currently on sabbatical as an Una Chapman Cox fellow to undertake studies of early American diplomats.

U.S. negotiations with the Barbary states hastened. But I should prefer of Algiers, Tripoli, and Tunis were carried the obtaining of it by war. out under the direction of the U.S. minister 1st. Justice is in favor of this in Lisbon. The 1785 treaty with Algiers opinion. 2d. Honor favors it. required the United States to pay ransom 3d. It will procure us respect for captured sailors, give presents, and in Europe; and respect is a provide an annual tribute to the dey. safeguard to interest. 4th. It Jefferson was not involved in the negotia¬ will arm the Federal head with tions but objected to buying peace. After the safest of all instruments of becoming president, Jefferson did go to coercion over its delinquent war ivith Tripoli and eventually concluded members. . . . 5th. I think it a largely unsatisfactory peace that pro- least expensive. ... I ask a iridedfor “presents” but no tribute. Congress fleet of one hundred and fifty declared war on Algiers during President guns, the one half of which Madison’s administration; the peace of shall be in constant cruise. 1816eliminated all ransom, tribute, and This fleet built, manned, and presents and required the dey topay repa¬ victualled for six months, will rations to the United States. In this dispatch, cost four hundred and fifty Jefferson outlines his reasonsfor favoring thousand pounds sterling a war with Algiers. year Were we to charge all this to the Algerine war, it Paris, July 11, 1786 would amount to little more than what we tween Portugal, Naples, and the United must pay to buy peace. But as it is proper States, by which the burthen of war might Dear Sir, and necessary that we should establish a be quotaed on them, according to their Our instructions relative to the Barbary small marine force, (even were we to buy respective wealth; and . . . Algiers should States . . . required us to proceed by way peace from the Algerines,) and . . . that subscribe to a peace with all three, on of negotiation to obtain . . . peace. ... I force, laid up in our dockyards, would equal terms. This might be left open for acknowledge I very early thought it would cost us half as much annually as if kept in other nations to accede to, and many, if be best to effect a peace through the order for service. . . . 6th. It will be as not most of the Powers of Europe . . . medium of war. ... I shall trouble you effectual. . . . About forty years ago the would sooner or later enter into the with my reasons. Of the four positions laid Algerines having broken their treaty with confederacy for the sake of having their down in your letters, ... I agree to the France, this Court sent Monsieur de Massiac peace with the piratical States guarantied three first, which are, in substance, that with one large and two small frigates. He by the whole. . . . the good offices of our friends cannot blockaded the harbor of Algiers three These the reasons which have influ¬ procure us a peace without paying its months, and they subscribed to the terms enced my judgement on this question price; that they cannot materially lessen he proposed. If it be admitted, however, . . .You make the result different from that price; and that paying it, we can have that war, on the fairest prospects, is still what I do. The same facts impress us peace in spite of the intrigues of our exposed to uncertainties, I weigh against differently. . . As I have nothing to say enemies. As to the fourth, that the longer this the greater uncertainty of the duration in the decision, [I] am ready to proceed the negotiation is delayed the larger will of a peace bought with money from such heartily in any other plan which may be be the demand, this will depend upon the a people. . . . adopted, if my agency should be thought intermediate captures. If they are many So far I have gone on the supposition useful. . . and rich, the price may be raised; if few that the whole weight of this war should I add nothing... on any other subject, and poor, it will be lessened. However, if rest on us. But, 1. Naples will join us. . . . but assurances of the sincere esteem and it is decided that we shall buy a peace, I 2. Every principle of reason assures us that respect, with which I am, &c., know no reason for delaying the opera¬ Portugal will join us. ... I suppose, then, tion, but should rather think it ought to be that a convention might be formed be¬ —TH. JEFFERSON

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 37 the chief softly clapped his hands for a steward, who promptly appeared with glasses of palm wine and a tray of small Life After the Foreign chopped nuts and kola nuts—these not Service Takes on New offered to me, for I was a lady—as well Meaning as an English biscuit. The chief, edu¬ cated in London, asked questions about the United States, its system of educa¬ Join a growing company of tion, the American Negro, and other Foreign Service professionals and let matters, following the pouring of palm your experience work for you, wher¬ wine outside the entrance as a libation to ever you may be around the world. Editor’s Note: dead ancestors. I raised the wine glass to ■ These vignettesfrom Enngu, Nige¬ drink, pleased that I really was included ria were submitted by Anne J. Gor¬ in this visit, then I saw something wiggle don, who was posted to Nigeria with in my glass. I watched, realizing that this Global Business Access, Ltd. her husband, USIA officer William was not a small piece of palm tree fiber matches the talents of foreign affairs Gordon, from I960 to 1965- but a white worm with a small black professionals to the needs of its clients head. I thought, “This is asking too much in overseas markets. Clients are typi¬ Notes from Nigeria in the winning of friends for my coun¬ cally mid-sized American companies try,” as I clenched my upraised glass. The exporting American products and ser¬ One morning soon after we had ar¬ steward came in and whispered some¬ vices. rived, a very pleasant lady offered to take thing to our host, who excused himself me to the native market, where food was and went outside. Seated by an open, cheap. I liked the liveliness of the mar¬ unscreened window, I hastily threw out Your knowledge and skills are marketable ket, its colorful atmosphere, and the my palm wine—then I panicked, won¬ enterprising attitudes of the women ven¬ dering if I had doused the chief as he dors. We visited the meat market, where passed below. dark-colored meat was hanging from the top of the stall. I assumed that the meat Global Business Access, Ltd. was covered with spices and smoked, 4016 18th Street, N.W., like our Talmadge hams in Atlanta. My ... then I saw something Washington, D.C. 20011 British friend took down the piece of her choice and swung it around and around. wiggle in my glass. I watched, Flies flew in all directions. I jumped back realizing that this was not a upon seeing the “spice” fly while she A Cooperative Enterprise paid the merchant, placed the meat in small piece of palm tree fiber her pail, and commented, “You Ameri¬ of cans are too sanitary. You even wrap but a white worm with a tomatoes in cellophane. That is why you Foreign Affairs Professionals small black head. become ill upon arrival. All you have to do is wash and soak this meat, then cook it for a long time.” I ate warily when invited to her home and continued to Our first Foreign Service assignment purchase meat from Kingsway, the then- was always exciting, challenging, and modem British supermarket. enjoyable, even when I felt put out by a GLO bal few guests in our home. One such memorable guest was the Nigerian jour¬ B usines When my husband told me that we nalist who stated loudly, “As attractive as were invited to Nsukka, where we you are, Mrs. Gordon (African men are A. ccess, Americans had opened the University of great flatterers), I would never have Nigeria, I wondered if he really meant allowed my son to marry you.” I asked we. He nodded, adding that the local him why. His reply: “You are a descen¬ Ltd chief had invited us to his home. dant of slaves, and my tribe has never been enslaved. We were the warriors. The chief received us in his flowing We,” he said proudly, “sold slaves to the white agbada into his round, clay- traders.” Let us hear from you! roofed guest quarters, which, though Telephone and Fax the weather was extremely hot, remained “How shameful,” I said just as loudly. (202) 723-1708 very cool inside. We were seated, and “I would never have married four,son.” ■

38 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 BOOKS ‘Burdensome Legacies’ supplying Israel with moderate supplies Carter’s pro-Israel moves included of defensive weapons to providing large strengthened anti-boycott legislation and AMERICAN PRESIDENTS AND THE quantities of offensive arms. The 1967 war pressure on the Soviet Union to relax MIDDLE EAST and the post-war developments are de¬ restrictions on Jewish emigration. On the By George Lenczowski, Duke University scribed in some detail, including the Is¬ other hand, his advocacy of a Palestinian Press, 1990, $40 hardcover, $17.95 raeli attack on the USS Liberty. It was during homeland (remember the Balfour Decla¬ softcover Johnson’s administration, says the author, ration?) caused the expected domestic that the concept of Israel as a strategic uproar. Reviewed by James Bahti asset for America found its inception. The author is critical of Reagan’s timid¬ The Nixon Administration, with its ity (influenced by Secretary Haig) with the “burdensome legacy” from Johnson, re¬ Israelis (e.g., after the Israeli invasion of George Lenczowski, author of the ceives its share of criticism too. Lenczowski Lebanon and its use of cluster bombs). classic textbook The Middle East in World writes of the 1968 mission by ex-Gover- The author is prescient in suggesting the Affairs, has taken a new approach to nor William Scranton, his recommenda¬ difficulties that would arise if the now- examining the role of the United States in tion for a more “even-handed” approach recognized PLO is unable to control ex¬ the Middle East: he focuses on the events to the area, the implicit White House tremists within its ranks. or crises each president from Tniman disavowal of his remarks, and the meta¬ Lenczowski states that Eisenhower was through Reagan has faced, analyzing how morphosis of “even-handed” into a dirty the only one of the eight presidents foreign and domestic forces have affected word. He discusses Nixon’s ambivalence studied who was impervious to domestic their actions. on Israel: critical of the “short-sighted” pressures, while Johnson was the most Tire author notes Truman’s lack of pro-Israel attitude in many circles but at vulnerable. Virtually all presidential “doc¬ experience in foreign affairs and his yield¬ the same time viewing Israel as the only trines” were based on the need to resist ing, despite the State Department’s op¬ “pro-freedom” state in the Middle East. Soviet advances in the Middle East (a position, to Zionist pressures to support The sad story of the birth and early demise threat most Arabs did not recognize). “No¬ creating the state of Israel. With disap¬ of the 1969 Rogers Plan (including the strings” aid to Israel permitted that country proval, he quotes Tiuman’s erroneous return of occupied lands in exchange for to rebuff Washington peace initiatives reference to the Balfour Declaration as peace, a solution to the refugee problem, and to use American-supplied arms “in “promising to the Jews the opportunity to and a Jordanian-Israeli agreement on the disregard of the officially imposed reestablish a homeland in Palestine” in¬ status of Jerusalem) is related in some retraints.” stead of “establish. ” Truman’s formulation detail, as are the Jordan crisis of 1970 and Lenczowski concludes this book by apparently justified a claim two millennia the October 1973 war. In reality, asking rhetorical questions about the eight old, says the author. Lenczowski declares, U.S. policy during presidents: What did they really think Lenczowski clearly approves of the Nixon Administration was “signifi¬ about Arabs? Did any of them harbor Eisenhower’s handling of several Middle cantly tilted in favor of Israel.” implicit anti-Arab racism? Did they really East crises, seeing Eisenhower as having The author notes that President Ford believe in self-determination? Should the placed principle ahead of domestic pres¬ was unhappy that Congress got “its oar United States try to “reform” some Arab sures. But he is critical of Kennedy for deeply into the conduct of foreign affairs,” nations? And can support of Israel be lacking awareness of frustrated Palestin¬ particularly in Cyprus. Ford also began to treated in isolation? Interesting questions. ian nationalism, though Kennedy showed question the rationale of our policy to¬ Two minor errors in the book should concern for the Palestinians as refugees. ward Israel; he wanted Israel to recognize be noted: 1) Lebanon President Chamoun’s The chapter on the Kennedy Administra¬ that there had to be “some quid pro quo,” hanky-panky with the parliamentary tion contains a concise description of the and in 1975 ordered a “reassessment” of elections occurred in 1957, not 1958, and 1961 Iraqi effort to claim Kuwait. administration policies in the Middle East. 2) the no-longer secret addendum to the Lenczowski sums up Kennedy’s efforts in The Middle East probably consumed memorandum of understanding relating the Middle East as having no resounding more of President Carter’s time than all to the Sinai II agreement did not require successes but avoiding major disasters. other foreign policy issues combined. Israeli consent for U.S. recognition of or Johnson is another president Lenczowski suggests that the “ethnic plu¬ negotiation with the PLO. I also believe Lenczowski scores for inexperience in ralism” of Carter’s appointees and the Lenczowski incorrectly characterizes foreign affairs and a penchant for using “militant emergence” of the American- General (later President) Chehab of Leba¬ personal emissaries. The author discusses Israel Public Affairs Committee (AIPAC) non as “conciliatory” toward Nasser and the administration’s radical switch from helped shape U.S. Middle East policy. Lebanon’s Moslems; he was simply less

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 39 BOOKS

hard-nosed than Chamoun. One problem with public diplomacy, to present and future opinion leaders of foreign countries. Many of these efforts James Bahti is a former Foreign Service as Tuch recognizes, is in definition. Prac¬ have been extremely successful. Tuch officer who served many years in the titioners argue whether it is meant to recounts stories of the many Eastern Eu¬ Middle East support foreign policy positions of par¬ ticular administrations or to offer an un¬ ropeans who learned English listening to derstanding of American society and val¬ Radio Free Europe, and who knew what Getting Good Press ues. Tuch clearly and correctly stands was happening in their country through its reporting. Tuch also raises hard ques¬ COMMUNICATING WITH THE WORLD: with the latter group, defining public diplomacy as “government’s process of tions that USIA will need to resolve con¬ U.S. PUBLIC DIPLOMACY OVERSEAS communicating with foreign publics in an cerning the role of programs such as By Hans N. Tuch, Institute for the Study of attempt to bring about understanding for Radio Free Europe in the changed circum¬ Diplomacy (Georgetown University) and its nation’s ideas and ideals, its institutions stances of Central and Eastern Europe. He St. Martin’s Press, 1990, $35 hardcover and culture, as well as its national goals suggests that some programs may have and current policies.” He is critical of the outlived their usefulness, and resources Reviewed by Jerrold Keilson Reagan Administration’s use of public should be shifted to other programs that diplomacy to promote specific foreign are more relevant in today’s world. Hans Tuch has written an excellent policies at the expense of these other Tuch’s treatment of the International monograph on public diplomacy, one of objectives. This pushes public diplomacy Visitors Program is a disappointment. the lesser-known yet highly effective tools toward propaganda, and destroys the cred¬ This program is consistently rated as the of the foreign policy profession. Relying ibility of other public diplomacy activities. most effective tool for public diplomacy heavily on his own experiences as a USIS Tuch writes extensively about the high- by USIS officers, yet Tuch devoted little Foreign Service officer in the Soviet Union, visibility programs such as Radio Free more than three pages to it. USLA figures Germany, and Brazil, Tuch describes and Europe, Radio Liberty, Worldnet televi¬ indicate that more than 100 current and analyzes the impact of those USIS pro¬ sion programming, and the Wireless File. former heads of state participated in this grams that fall under the rubric of public He emphasizes their function in dissemi¬ program. The more than 5,000 opinion diplomacy. nating accurate and unbiased information makers who come to the United States F A

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yearly under its sponsorship receive a academic communities where courses governments, something a minister can¬ direct and intensive exposure to Ameri¬ and textbooks are generated on “diplo¬ not be since he belongs to one of those can culture and values that cannot be matic history” which, in fact, deal little governments.” It rules out force and even obtained through any other program. with diplomacy but rather with foreign threats of force, since these are not Given the high regard in which this pro¬ policy developments. “peaceful.” Furthermore, when diplomats gram is held, further discussion of its past Ambassador Magalhaes, a career Portu¬ become involved in the policy-making pro¬ and future is wananted. guese diplomat, thinks this confusion has cess, they cease to be diplomats, for they are Yet this is a minor quibble to what is an gone on long enough. In a slim volume of no longer serving as intermediaries. excellent book, and worthwhile reading 126 pages, he argues for a definition that Diplomacy and foreign policy-making for all practitioners of public diplomacy. he distills from a highly condensed his¬ are so much a continuum, I find it fractur¬ Jerrold Keilson, formerly of USIS, works torical review of the process, concluding ing reality to say that as soon as a diplomat with the Delphi International Group in that diplomacy is an instrument of foreign engages in the policy-making process he Washington. policy, designed to establish and develop is no longer acting a diplomatic role. peaceful contact between governments Diplomacy can mean different things to of different states, through the use of different governments. To say that a Noted in Brief intermediaries mutually recognized (as country is not engaged in diplomacy THE PURE CONCEPT OF DIPLOMACY diplomats) by the respective parties. when its uses its diplomatic intermediar¬ Jose Calvet de Magalhaes, translated by This eliminates many of the current ies to promote deception, etc. is substitut¬ Bernardo Futsoher Pereira, Greenwood abuses of the term, such as those arising ing one’s own value system for a political Press, 1988, $37.95 hardcover from applying it to private transactions process. (“private diplomacy,” “business diplo¬ Ambassador Magalhaes is not alone in Diplomacy is a slippery term that seems macy,” and the like). But it also rules out having had it up to here with the bandying to grow slipperier all the time. Slaphappy summitry involving heads of state, not of the term diplomacy. But it must be abusers are legion, ranging from those intermediaries, and rules out ministers of defined realistically, so as to embrace engaged in general, popular discourse on foreign affairs. “A diplomat,” Magalhaes current usage and not genuflect to ages international affairs to the inhabitants of insists, “is an intermediary between the long gone. — SMITH SIMPSON ■

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FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 41 Edward J. Dembski, 79, died of can¬ Brewster Morris, 81, died Septem¬ office of personnel. He became a senior cer September 24 at his home in Bethesda, ber 3 at his home in Tiburon, California. policy analyst in the office of Mayor Maryland. He reportedly died of Parkinson’s disease. Marion Barry in 1985, retiring in 1989. After serving in the Army in Europe Morris’s first post with the Foreign Storey’s first wife, Nanette F. Hart during World War II, Dembski became a Service was in Montreal in 1937. He went Storey, died in 1976. Suivivors include Foreign Service budget officer. He had on to serve in Vienna, Berlin, Stockholm, his wife, Germana Faini Storey; two overseas assignments in West Germany, Moscow, London, Washington, and Chad brothers, Raymond T. Storey of Hinkley, England, Panama, Ecuador, and Pakistan. (where he was tire ambassador from 1963 Ohio, and Leo M. Storey Jr. of AshevUle, He later transferred to AID, serving also as to 1967). North Carolina. a budget officer. In 1979 he retired. His wife, the former Margaret Downes, Survivors include his wife, Madge Evetta a fellow Foreign Service officer whom he Charles H. Taliaferro, 86, died Addy Dembski of Bethesda; three children, manred in 1948, died in 1985. His only October 7 in Bridgewater, Virginia. Robert Dembski of Potomac, Maryland, immediate survivor is his brother, who Taliaferro joined the State Department Michael Dembski of Silver Spring, Mary¬ lives in Villanova, Pennsylvania. in 1930 and served in Mazatlan, Yucatan, land, and Sandra Gonzales, a Foreign Nuevo Laredo, and Piedras Negras in Service officer in Pakistan; and a grand¬ Jane F. SpiUane, 83, died of heart Mexico; Buenos Aires, Argentina; Halifax, child. ailments September 27 at the Clark Manor Nova Scotia, and Windsor, Ontario. He Nursing Home in Worcester, Massachu¬ retired in Canada after 32 years of service. Richard Finley, 58, died on July 16 in setts. His wife, the former Ruth Firebaugh, the earthquake that struck the Philippines. SpiUane, who emigrated from Ireland survives him in Bridgewater, Virginia. Finley joined AID in 1969 as an ac¬ in 1922, was employed by the State De¬ Other survivors include three daughters, counting technician in Washington. In partment in 1940 as a cook at Blair House, Sarah Elizabeth Pickrell of Dallas, Texas, 1975 he transferred to the Foreign Service, a government guest house across Lafayette Anna Kathryn Hollen of Harrisonburg, serving in the Ivory Coast in 1978 and in Square from the White House. She retired Virginia, and Maiy T. Mullen of Salem, Cameroon in 1981. In 1983 he was the in the early 1970s and moved to Worcester, Virginia; six grandchildren; and one great- deputy AID controller in Barbados where Massachusetts. grandchUd. he received a superior unit award for his Survivors include three sisters, Mary E. service. Finley was the AID controller in Henry of Worcester, Rose Ann Bohan and Andy H. Wallen, 79, died of a respi¬ Tanzania from 1985 until he retired in Mary Catherine FarreUy, both of Ireland; ratory ailment October 9. He lived in 1988. At the time of his death he was and three brothers, Stephen FarreUy of Arlington, Virginia. . under an AID contract. London, and Phillip and Patrick J. FarreUy, In 1946 Wallen joined the State De¬ He is survived in Washington by his wife, both of Dublin. partment, serving for 26 years as director the former Virginia Stallman, and his mother, of the budget and accounting division of Quindora Burnett. Other survivors include Retired Army CoL Robert George the Office of Foreign Liquidation. He his daughter, Debra, and one grandchild. Martin Storey, 63, died of cancer Octo¬ later became branch chief and supervi¬ ber 3 at his home in Majis, Spain. He also sor of systems accounting in the Dean R. Miller, 64, died at St. David’s had a residence in Arlington, Virginia. department’s Office of the Budget. In Hospital in Austin, Texas on September 6. In 1958, he became an assistant mili¬ 1966 Wallen became a Foreign Service Miller joined the Foreign Service as a tary attache at the U.S. embassy in Spain. officer and seived as deputy director of secretary in 1956 and seived in secretarial He returned to Washington in 1962 as the Office of Finance in Washington. He and administrative positions in Baghdad, deputy chief of protocol for the army, retired in 1972. Genoa, Aden, Rome, Frankfurt, and after assignments to West Germany, Italy, Included in Wallen’s many club-re¬ Medellin. He worked as a communicator and Vietnam. In his last assignment, lated activities were his chairmanships in Tehran, Maseru, Riyadh, Ankara, Storey served as executive assistant to of the State Department’s Air Activities Budapest, and Izmir and retired in Feb¬ Ambassador Ellsworth Bunker and chief Club and the USIA Recreation Associa¬ ruary 1990. U.S. negotiator for the Panama Canal tion. Survivors include his wife, Helen G. Treaty. He retired from active duty in Mamie Huneycutt, his wife of 45 Miller, a retired Foreign Seivice secretary; 1973. years, died in 1982. Survivors include his his daughter, Andrea M., and his son, In 1979 Storey joined the D.C. gov¬ daughter, Louise Snuggs of Atlanta, Robert D., of Austin, Texas. ernment as staff director of the city’s Georgia, and four grandchildren. ■

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n LEASING AND PROPERTY MANAGEMENT BY Stuart & Maury, Inc. Realtors We manage Results since 1956 your For over 30 years we have professionally MANAGED AND LEASED investment thousands of residential & condominium properties. property. Our experience—Personal Inspections, A CENTURY 21® property Monthly Statements and In-house Guidance— IraXuJk^^Tlmwtment TAKE THE WORRY OUT OF RENTING Call us today If you are considering renting your Put your trust HOME OR APARTMENT in Humber One: Call Dawn Jenets today for more information ©1990 Century 21 Real Estate Corporation as trustee for the NAF. ® and "* trademarks (202) 244-1000 BNR REALTY, INC. of Century 21 Real Estate Corporation 5010 Wisconsin Avenue, N.W. 2201 Wisconsin Avenue Equal Housing Opportunity. fi> Washington, D.C. 20007 INDEPENDEATH OWNED AND OPERATED Washington, D.C. 20016 PAUL NORWOOD (202) 333-7157 Excellent references upon request 1-800-234-8884

HOUSE KEEPING. Let e?(penence Make sure your Northern Virginia home is kept in zvorfcj-or you good care while you're away. Our staff has extensive experience with absentee property owners — we under¬ Let the experience of dedicated, stand the personal service that's necessary to keep your knowledgeable realtors work home running smoothly. In fact, we're sure you'll find for you, whether you are buying our attention to detail like that of no other property or selling. management firm . . . Gordon or Loretta Noffsinger Call, FAX or write: Jeff Surdyk 3110 Fairview Park Drive, Suite 1010 Better Homes Realty CERTIFIED RESIDENTIAL SPECIALISTS Falls Church, Virginia 22042 6045 Wilson Blvd., Members: Better Homes Chiefs Club 703-641-5910 FAX 703-641-5924 Arlington, VA 22205 NVBR Million Dollar Sales Qub Top Producer The largest Realtor exclusively serving No. Virginia Mark Tracz Real Estate, Inc. Off: (703) 532-5100 Ho: (703) 243-7889 Dane Bowen LHU Lockhaven Penn. 17745. (717) 748-7417, PEAKE PROPERTIES LTD.: (717) 893-2163. Muriel Peake, Broker, specializ¬ ing in residential property man¬ BED AND BREAKFAST agement in McLean, Vienna, N. Arlington, etc. Caring, personal UPSTREAM AT WATER’S service. The Ashby, Suite 220B, GIFT, Rocky Gorge, MD. Recap¬ 1350 Beverly Road, McLean VA ture the American Spirit in this 22101. (703) 448-0212. NITY; Beautiful income produc¬ Wisconsin Ave., Suite 1020 East, exquisite 18th century country FAHEY & ASSOCIATES: ing home. Realize guaranteed Bethesda, MD 20814. (301) 951- setting 30 minutes from down¬ Professional, residential, prop¬ income and appreciation in 4111. Reserve early! Avoid dis¬ town D.C. or Baltimore. erty management service for Rock Creek Hills, Maryland. By appointment! Greatroom with fireplace. Pri¬ Northern Virginia properties. owner. (804) 565-3058. WILL YOU NEED A FULLY vate baths, full breakfast, hiking, Expertise and personal atten¬ CONDO, Parklike grounds, FURNISHED apartment five and biking. Weekly rates. (301)- tion to detail are the hallmarks Pentagon City Metro, great loca¬ minutes’ walk from FSI and 421-9562. of our established firm. Refer¬ tion, excellent schools, FSO Rosslyn subway? We have first ences provided. JIM FAHEY, must sell, $194,500, Sandy 521- class efficiencies, 1 bedrooms, TAX RETURNS 9520B Lee Highway, Fairfax, 8226. and some 2 bedrooms and VA 22031 (703) 691-2006, FAX TAX PLANNING & prepara¬ WASHINGTON D.C. penthouses in River Place. They tion 15 years experience. Vir¬ (703) 691-2009. APARTMENTS: Short or long are completely furnished includ¬ ginia M. Test, CPA, 3485 WASHINGTON MANAGE¬ term. Decorator furnished, fully ing CATV, all utilities, tele¬ MENT SERVICES: Specializing Brittlewood Ave., Las Vegas, NV equipped: microwave, cable, phone, linens, etc. Shortterm in property management ser¬ 89120. phone, pool, spa. Two blocks leases of 2+ months available. FREE TAX CONSULTATION vices for the FS community. FSI and Metro, 5 min. State, Write Foreign Service Associ¬ for overseas personnel. We pro¬ Residential property manage¬ Georgetown. Photos. (703) 522- ates, P.O. Box 12855, Arlington, ment is our only business. Call, cess returns as received, with¬ 2588 or write Adrian B.B. VA 22209-8855. Call or FAX 1- out delay. Preparation and rep¬ write, fax, or telex Mary Beth Templar, 1021 Arlington Blvd., 703-636-7606. Children wel¬ Otto, 2015 Q St. NW, Washing¬ resentation by enrolled agents, PH1214, Arlington, VA 22209. come. Please send us dates. ton, D.C. 20009. Tel (202) 462- avg. fee $195 includes return Member AFSA. EXECUTIVE CLUB ARLING¬ 7212, Fax (202) 332-0798, Telex and TAX Trax, unique mini-fi¬ WASHINGTON, D.C. AR¬ TON AND OLD TOWN ALEX¬ nancial planning review with 350136 Wash. Mgt. LINGTON, VA. Personalized re¬ ANDRIA. Immaculate and MANOR SERVICES: recommendations. Full planning location, short or long term. We beautifully furnished apartments Former federal law enforce¬ available. Milton E. Carb, E.A., specialize in walk-to-Metro sales with full hotel services. One- and Bariy B. De Marr, E.A.CFP, ment agent letting his 10-year and furnished rentals. Arlington two bedrooms, some with dens, FINANCIAL FORECASTS, metro residential management com¬ Villas, 1-1/2 blocks from Metro, all with equipped kitchens. pany expand upon retirement. location 933 N. Kenmore St. luxurious studio, 1, 2, 3 bed¬ Complimentary shuttle to Metro, Best tenant screening. Frequent #217 Arlington, VA 22201(703) room. Fully furnished. Washer/ Rossolyn, and Pentagon. Health property inspection. Mortgages 841-1040. dryer, microwave, cable, linens. Club and outdoor pool. Many paid. Repairs. Close personal AFSA TAX COUNSELING: American Realty Group, 915 N extras. Rates within your per attention. We’re small but very Problems of Tax and Finance: Stafford St., Arlington, VA diem. Shorter or longer terms effective. FS and military refer¬ Never a charge to AFSA mem¬ 22203. (703) 524-0482 or (703) available. Executive Clubs, 610 bers for telephone guidance. ences. Lowest rates, Best ser¬ 276-1200. Children welcomed. Bashford Lane, Alexandria. VA R.N. Bob Dussell (ex-AID) en¬ vice. Tersh Norton, Box 42429, Pets on approval. 22304 (703) 739-2582, (800) rolled since 1973 to Tax Prac¬ Washington, D.C. 20015, (202) BACK FOR TRAINING? 535-2582. 363-2990. tice. At tax work since 1937 and HOME LEAVE? D.C. TOUR? AUSTIN, TEXAS: Lakeway now still in practice solely to as¬ We are The Washington Metro homes and homesites outside of sist Foreign Service employees REAL ESTATE Area Short-Term Rental Special¬ Austin on 65 mile long Lake and their families. Also lecture ists. Excellent locations. Wide Travis. Three 18 hole golf FOR SALE BY OWNER Ar- Taxes monthly at FSI in Rosslyn, price range. In Virginia walk to courses, world of tennis center, lington/Rosslyn Luxury Condo VA. Office located across from FSI. In D.C. and Maryland walk 400 slip marina, 4000 ft. airstrip: in die Belvedere—2 BR 2 bath, Virginia Square Metro Station, to Metro. Large selection of fur¬ contact Roy & Associates for in¬ 11th floor balcony with views 3601 N. Fairfax Dr., Arlington, nished and equipped efficien¬ formation, 2300 Lohmans Cross¬ over Potomac. Pool, tennis, VA 22201. (703) 841-0158. cies, 1-bedrooms, 2-bedrooms ing, Suite 122, Austin, TX 78734 workout room, garage. Close to ATTORNEYS specializing in and some furnished houses. (512) 263-2181. metro. $224 900. Phone (703) tax planning and return prepa¬ Many welcome pets. For bro¬ BEACHOUSE, Dorn Rep. six 525-6591. ration for the Foreign Service chures & info: EXECUTIVE beds, $200/wk., $600/mo„ REMARKABLE INVEST¬ HOUSING CONSULTANTS, Community available for consul¬ MENT HOUSING OPPORTU¬ INC., Short Term Rental, 7315 tation on the tax implications of

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 51 investment decisions, business used telecommmunications, related deductions, separate computer, and other hi-tech maintenance allowances, real equipment. Knowledge of local estate purchases and rentals, market, residency or employ¬ home leave deductions, audits, ment in country, and profi¬ etc. Contact Susan Sanders or ciency of local language re¬ Paul Clifford-Clifford, Farha & quired. Generous commissions Sanders 1606 New Hampshire based on sales. Send resume to Ave., NW, Washington, D.C. Int’l Communications Systems, 20009 (202) 667-5111, FAX: individual valuable books in the tion. M. BRUCE HIRSHORN, Inc. 9525 Berger Rd., Columbia, (202) 265-1474. following subject areas: History, BORING, PARROTT & FOUST, MD 21046 ATTN: Jill Albiker. ATTORNEY FORMER FOR¬ travel, biography, folklore, mili¬ P.C., Suite D, 307 Maple Av¬ EIGN SERVICE OFFICER: Ex¬ tary history, exploration, sociol¬ enue, West, Vienna, VA 22180. HOUSE REPAIRS tensive experience with tax ogy and ethnography. Please Tel.(703) 281-2161, FAX (703) PAINTING, plastering, dry problems peculiar to the For¬ contact W.B. O’Neill, P.O. Box 281-9464. wall, roofing and internal and eign Service. Available for con¬ 2275, Reston, Virginia 22090, or SPECIALIZING IN SERV¬ external repairs expertly and sultation, tax planning, and caU (703) 860-0872, or FAX: ING FOREIGN SERVICE OF¬ reasonably done or arranged by preparation of returns. No (703) 620-0153. FICERS AND THEIR FAMI- a Foreign Service scion, William charge for telephone advice. M. YOUR PERSONAL BOOK¬ I.TF.S-Onr firm can assist you in Cave (301) 681-7285. For refer¬ BRUCE HIRSHORN, BORING STORE AWAY FROM HOME: drafting wills and powers of at¬ ences contact Lehfeldt (301) PARROTT & FOUST, P.C., Suite Order any U.S. book in print. torney, administering estates, 365-2561 or Precht (216) 932- D, 307 Maple Avenue, West, Store credit available. Salma¬ establishing conservatorships 8651. Vienna, VA 22180. Tel. (703) gundi Books Ltd. 66 Main and guardianships and 281-2161, FAX: (703) 281-9464. Street, Cold Spring, NY 10516. providingadvice on real estate matters. Prompt response to ART WANTED MAIL ORDER your inquiries. CLIFFORD, STUDENT SERVICES JAPANESE WOODBLOCK FARHA & SANDERS 1606 New PRINTS purchased. (Antique AVON for free catalog SCHOLARSHIPS AVAIL¬ Hampshire Ave., N.W. and modem, including Paul mailed to you, write: Stephanie ABLE. Details: EARS, Box 1664, Washington,D.C.20009 Jacoulet). Contact: Jeff Inman, Y. Hughes, 713 Grandview Manassas, VA 22110. FAX:(202) 265-1474 Tel:(202) 10710 Anita Drive, Lorton, VA Drive, Alexandria, VA 22305. 667-5111. 22079. (703) 339-6455. THE MATCHETT CONNEC¬ ATTORNEYS/WILLS TION makes the significant dif¬ FINANCIAL PLANNING AUTO ference to easy, complete, pro¬ FORMER FOREIGN SER¬ AUTOMOBILE STORAGE: fessional, one-stop shopping. VICE OFFICER NOW PRAC¬ ORGANIZED FINANCES Controlled, indoor heated, in¬ We are your connection to gift TICING LAW in D.C./Maryland, UNLIMITED. Bill paying, per¬ sured, high security, long-term/ giving, personal luxuries, elec¬ general practice, estate plan¬ sonal budgeting, net worth and short term, TSR or private auto¬ tronics, household and sundry ning, real estate, domestic. Gre¬ cash flow analyses, financial vault, division of HUMCO, Inc. items. What would you expect gory V. Powell, Furey, Doolan planning. Kathy Jatras, CFP, Tel: (301) 327-4000. from 20 years of customer ser¬ & Abell, 8401 Connecticut Ave., 3209 North Nottingham Street, AUTOMOTIVE PARTS & vice? The best. For information PH-1, Chevy Chase, MD 20815. Arlington, VA 22207, (703) 237- ACCESSORIES: Original equip¬ write: The Matchett Connection, (301) 652-6880. 5592. ment and aftermarket for most P.O. Box 3340, Ambler,PA REX R. KRAKAUER, ES¬ INVESTMENT SERVICES makes. Servicing FSO’s and em¬ 19002. Call (215) 542-7054. QUIRE Providing representation former FSO specializes in pro¬ bassies A.S.A.P. AUTO PARTS, for the special legal problems of viding financial services for For¬ DIVISION OF HUMCO, INC. BOOKS Foreign Service Personnel and eign Service Personnel-stocks, (301) 327-7909. Staff living abroad. Divorce, bonds, tax-frees, mutual funds, BOOKS, BOOKS, BOOKS! Pensions, Real Estate, Wills and money management. Cali COL¬ We have thousands in stock, do other matters. 51 Monroe Street, LECT worldwide (202) 857- PET MOVING SERVICES special-orders daily, search for Suite #1400, Rockville, Maryland 5485, Peter de Castro, Second AIR ANIMAL, “the pet mov¬ out-of-print books. Free catalog. 20850. Telephone: (301) 294- Vice-President, Smith Barney, ers” an LATA air freight for¬ Visa, Discover or MasterCard. 6100, Fax: (301) 738-8802. 1776 Eye Street, NW, Washing¬ warder USA origin pet shipping The Vermont Book Shop, 38 WELLS-ESTATE PLANNING ton, DC 20006. services 4120 W. Cypress- Main Street, Middlebury 05753. by attorney who is a former Tampa, FL 33607. Voice 813/ BOOKSELLER specializing Foreign Service officer. Have EMPLOYMENT 879-3210, FAX (813) 874-6722. in supplying scholarly and refer¬ your will reviewed and up¬ USA/Canada 1-800-635-3448. ence material to libraries and re¬ dated, or a new one prepared. INDEPENDENT SALES Contact Dr. W. Woof-Veterinar¬ search scholars will purchase No charge for initial consulta¬ AGENTS sought to represent US ian. ■ small or large collections and firm overseas, selling new and

52 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 AFSA’s Foreign Service Tax Guide for 1990 Deborah M. Leahy to non-itemizers and alleviates the Since the 1986 reform, deductions Member Services loss of many deductions. It has been for consumer interest on credit cards, steadily increasing since 1987. This car, and educational loans, are being Federal tax provisions trend is a deliberate attempt to pro¬ phased out. For 1990, only 10 per¬ The following is a summary of vide taxpayers an incentive to switch cent is deductible. Mortgage interest 1990 federal tax provisions as they to the 1040EZ form. For couples it is is, for the most part, still fully deduct¬ apply to Foreign Service employees $5,450; that increases to $6,100 if ible and is discussed in more detail and their families. Foreign Service one member of the couple is over 65 in the home-ownership section of employees most frequently ask AFSA and $6,750 if both are over 65. For this article. Interest on loans in¬ about home ownership, tax liability singles the deduction is $3,250. Mar¬ tended to finance investments is de¬ upon sale of a residence, and domi¬ ried couples filing separately get a ductible up to the amount of net cile. Therefore, as in past years, we standard deduction of $2,725 and income from investments, plus have devoted special sections to head-of-household filers receive a $1,000. Interest for loans intended to these issues. $4,750 deduction. finance a business is 100 percent de¬ AFSA’s Tax Guide is designed as Most unreimbursed employee busi¬ ductible. “Passive-investment” interest an informational and reference tool. ness expenses must now be reported on loans in which the taxpayer is an It does not presume to be any more as miscellaneous expenses and are inactive participant, i.e. a limited part¬ than that. Although we try to be ac¬ subject to a 2 percent floor of ad¬ nership, can be deducted only from curate, many of the new provisions justed gross income (AGI). This in¬ the income produced by the invest¬ of the tax code and implementing cludes professional dues and ment. Interest on loans that do not IRS regulations have not been fully publications, employment and educa¬ fall into the above categories, such tested. Therefore, use caution and tion expenses, home office, legal, ac¬ as borrowing money to buy tax-ex¬ comult with a tax adviser if you counting, custodial and tax empt securities, is not deductible. have specific questions or an un¬ preparation fees, home leave and rep¬ Home leave expenses usual or complex situation. Further¬ resentational expenses—and contribu¬ Employee business expenses, such more, do not wait until the last tions to AFSA’s Legislative Action as home leave and representation, minute. The Tax Reform Act of 1986 Fund. Unreimbursed moving ex¬ have to be deducted as a miscella¬ is complicated and continues to go penses are the exception; they may neous expense, thereby severely limit¬ through revisions and “corrections.” be fully deducted without the 2 per¬ ing any refunds. In addition to the 2 For 1990, there are basically two cent floor. Medical expenses, how¬ percent floor, only 80 percent for tax rates for individuals, 15 and 28 ever, are subject to a floor equalling meals and entertainment may be percent, except for high earners who 7.5 percent of AGI. This means that claimed (100 percent for unreim¬ incur a 5 percent surcharge. The rate any deductible medical cost would bursed travel and lodging). Only the is 15 percent for taxable income up have to exceed $2,250 for a taxpayer employee’s (not family members’) to $32,450 for married couples; with a $30,000 AGI. home leave expenses are deductible. $19,450 for singles. Income above State and local income taxes and Maintaining a travel log and holding that is taxed at 28 percent, up to real estate and personal property onto a copy of home leave orders $78,400 for couples, $47,050 for sin¬ taxes remain fully deductible for will be helpful, should the IRS ever gles. As income tops these amounts, itemizers, as are charitable contribu¬ question claimed expenses. It is im¬ a 5 percent surtax is levied and then tions for most taxpayers. Deductions, portant to save receipts: without re¬ drops back to 28 percent at including those for charitable contri¬ ceipts for food, a taxpayer may $155,320. This is known as the “bub¬ butions, will be limited for taxpayers deduct only $26 to $34 a day (de¬ ble tax rate.” who have an AGI over $100,000. pending on the per diem rate at the Personal exemption Those taxpayers will lose deductions home leave address), no matter how For each taxpayer, spouse, and de¬ equal to 3 per cent of the amount by large the grocery or restaurant bill. pendent the personal exemption has which their income exceeds Lodging is deductible, as long as it is been increased to $2,050. This is one $100,000. Donations to the AFSA not with friends, relatives, or in one’s of the few areas in which Foreign scholarship fund are fully deductible own home. The IRS will disallow use Service employees with large families as charitable contributions. Individu¬ of per diem rates and any expenses come out ahead. als may dispose of any profit from claimed for family members. If a Standard deduction the sale of personal property abroad hotel bill indicates double rates, the The standard deduction is given in this manner. single room rate should be claimed,

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 53 X G U E and, if possible, the hotel’s rate sheet the home cost or what the loan is instances, total taxable income from should be saved for IRS scrutiny. Car used for. The $100,000 ceiling ap¬ wages and profits will trigger the 5 rental, mileage, and other unreim¬ plies to the total of all home equity percent surcharge. It is, therefore, ex¬ bursed travel expenses, including loans—it is not $100,000 for each tremely important to take every legiti¬ parking fees and tolls, may be de¬ home. mate deduction and to be aware of ducted. The new rate for business The same generally applies to refi¬ the various tax benefits that may be miles driven is 26 cents on the first nancing a mortgage. Points paid to available. 15,000 miles and 11 cents per mile af¬ obtain a refinanced loan cannot fully One such benefit involves the terward. Those who use this optional be deducted the same year, however. once-in-a-lifetime exemption (the mileage method, need not keep de¬ The U.S. Tax Court held in Novem¬ once-in-a-lifetime rule applies to sin¬ tailed records of actual vehicle ex¬ ber 1988 that in a refinancing transac¬ gles and couples and may not be penses. The only thing necessary will tion, points must be deducted over used again even when the spouse be a detailed odometer log to justify the life of the loan. reaches age 55). A taxpayer 55 years the business use of the vehicle and A qualified home is defined as the or older who sells his or her home percentage of business use. This op¬ taxpayer’s principal home and one can take a capital gains exclusion up tional mileage method does not other home. The second home can to $125,000 without having to rein¬ apply to leased vehicles. be a house, condo, co-op, mobile vest in another home. In order to Official Residence Expenses home, or boat, as long as the struc¬ qualify, the taxpayer must have lived (ORE) ture includes basic living accommoda¬ in the home for three out of the last The IRS has issued a new ruling tions, including sleeping, bathroom, five years (up to two years spent in dealing with the 5 percent of salary and cooking facilities. If the second a nursing home can count as time that principal officers and others who home is vacation property rented for spent in the home) prior to sale. receive ORE formerly could claim as fewer than 15 days during the year, Many Foreign Service employees are a deduction. Effective October 1, the income need not be reported. hurt by the three out of five years 1990, employees who receive ORE Rental expenses cannot be claimed ei¬ provision. Despite repeated attempts, will no longer be allowed to reduce ther, but all property taxes and mort¬ AFSA has been unsuccessful in per¬ their reportable income by 5 percent. gage interest may be deducted. suading Congress to grant an exemp¬ The reduction, however, can he taken Rental of home tion for Foreign Service personnel, for the first nine months of 1990. Taxpayers who are overseas and who cannot meet this requirement Unfortunately, the Standardized rented their homes in 1990 can con¬ due to prolonged overseas service. Regulations regarding ORE tend to tinue to deduct mortgage interest as Under section 1034 of the tax support the IRS’s new ruling, which a rental expense under the passive- code, frequently referred to as the says that “usual expenses” are not de¬ loss rules, as long as the AGI does rollover residence replacement rule, ductible. Section 440 of the Standard¬ not exceed $100,000 and the tax¬ taxes may be deferred on profit from ized Regulations defines “usual payer is actively managing the prop¬ the sale of the principal residence expenses” as 5 percent of salary. The erty. Retaining a property manager when buying a replacement principal only expenses that are deductible does not mean losing this benefit. residence within two years before or after October 1 will be expenses Also deductible are property manage¬ after the sale. Americans working above the 5 percent that are paid out ment fees, depreciation costs, taxes, abroad, including Foreign Service em¬ of pocket. Employees should save re¬ losses (such as cost of im¬ ployees on overseas assignment, are ceipts for any out-of-pocket expenses provements) up to $25,000, after off¬ permitted up to an additional two- associated with their representational setting the rental income. year period to replace their fonner duties. These expenses can be de¬ Sale of residence residence. The defeiral rule may be ducted as miscellaneous business ex¬ If there is a profit on sale of a applied repeatedly, and there is no penses. principal residence, taxes are owed limit on the amount eligible for defer¬ Home ownership on the profit or capital gains, unless ral of taxation. It may also be used For 1990, employees may deduct one qualifies for one of the tax bene¬ in conjunction with the once-in-a-life- interest up to $1 million on acquisi¬ fits discussed below. Efforts by Con¬ time exclusion. Temporary rental of tion debt for loans secured by a first gress to reduce the rate of taxation the home does not necessarily dis¬ and/or second home. This also in¬ on capital gains were defeated. Al¬ qualify one from claiming the defer¬ cludes loans taken out for major though legislation aimed at reducing ral. The IRS has never defined what home improvements. On home eq¬ capital gains taxation will likely be re¬ time period constitutes temporary but uity loans, interest is deductible up introduced, capital gains are cur¬ may challenge a claim that the home to $100,000, no matter how much rently fully taxable. In many was a principal residence, if it had

54 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 been rented for many years and had A considerable number of Foreign many times taxes can be deferred, as clearly become investment property. Service employees do not qualify long as the taxpayer continues ex¬ Foreign Service employees who are under the deferral rule because of ex¬ changing one property for another. overseas for prolonged periods dur¬ tended overseas assignments. If at all The properties must clearly qualify as ing which they rent their home are possible, Foreign Service officers investments, and the taxpayer cannot increasingly subject to IRS scrutiny should move back into the house for reside in any of these properties at when they sell their house and claim at least six months before selling it, the time of exchange. Conversion to deferral of capital gains. thereby reestablishing principal resi¬ principal residence in the future is Under a U.S. Tax Court decision, dence. If this is not possible, they possible. Trisko v. Commissioner, a Foreign Ser¬ might look into a tax-deferred prop¬ Many Foreign Service employees vice officer was granted the deferral erty exchange, which is essentially a ask what items can be added to the even though he had rented his home real estate investor’s version of the cost basis of their homes when they for a 44-month period prior to sale. residence replacement rule. are ready to sell. Money spent on The court determined that his house Property exchanges “fixing up” the home for sale to remained a principal residence even Under Internal Revenue Code reach what is called adjusted sales though it was converted to invest¬ 1031: a Foreign Service employee price may be deducted from the ment property. In reaching this deci¬ whose U.S. home may no longer sales price. To qualify as legitimate sion, the court applied the following qualify for special tax treatment “fixing-up costs,” the following condi¬ tests: Was the property the taxpayer’s under the residence replacement mle tions must be met: 1) the expenses only home? Did he reside in it prior may be eligible to replace his or her must be for work performed during to going overseas? Did he intend to former home through an “exchange” the 90-day period ending on the day return to the residence upon comple¬ under section 1031 of the tax code. on which the contract to sell the old tion of overseas duty? And what Few people are aware of the ex¬ residence was made; 2) the expenses were the reasons for selling it? change provision, even though it has must be paid on or before the 30th On the basis of this decision and been available for quite a few years. day after sale of the house, and 3) conversations with tax experts, AFSA It is, however, gaining in popularity the expenses must not be capital ex¬ suggests claiming the deferral only if as a result of the 1986 Tax Act, penditures for permanent im¬ the circumstances are similar to those which eliminated many real estate provements or replacements (these of this case and if the home is shelters, including taxability of profits can be added to the basis of the rented only during assignments over¬ from the sale of property. Techni¬ property, original purchase price, seas and not longer than 44 months. cally, a simultaneous trade of invest¬ thereby reducing the amount of A copy of the Trisko decision may ments must occur. However, profit). A new roof and kitchen be requested from AFSA. investors can first sell their property counters are not “fix-up” items. But What happens if one purchases as long as they sign a sales contract painting the house, cleaning up the and moves to a new residence then on the new acquisition within 45 garden, and making minor repairs decides to get some rental income days and close the deal within six qualify as “fixing-up costs.” from the old home before selling it a months of the sales contract. The Lump-sum credit option couple of years later? The IRS may rules are highly complicated and ex¬ For those who retired under the detennine that the taxpayer no changes must be conducted in a spe¬ Alternative Form of Annuity (AFA), longer meets the “principal resi¬ cific manner and time frame. The IRS thus electing the lump-sum with¬ dence” test for the old home, since frowns on their use, and a property drawal of contributions to the retire¬ he or she moved out of it and con¬ exchange should never be attempted ment trust fund, the lump sum is verted it to investment property. without assistance from real estate taxable in the year in which it is re¬ Again, intent is key. The IRS allows professionals, tax experts, and compe¬ ceived. temporary rental prior to sale as a tent legal counsel specializing in this Those retiring before reaching age “matter of convenience,” such as a field. 55 will have an extra 10 percent tax poor resale market at the time the Exchanges are essentially a real es¬ applied to that part of the lump sum new home was purchased. If the IRS tate investor’s version of the special included in gross income. In general, determines that rental income was rules that allow homeowners to roll 85 to 95 percent of the lump sum is the prime motive for not selling the over proceeds from the sale of a taxable. For those who prepare their house, taxes must be paid on the home into another home. They allow own tax returns, IRS publication No. gain of rental property, even though investors to swap their property for 721 contains instructions, actuarial ta¬ it was once used as a principal resi¬ another without paying taxes on the bles, and worksheets for calculating dence. profit. There is no limit on how the “exclusion percentage” applicable

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 55 to lump sum and monthly annuity pensions. state or if they are living in the state payments. State income tax provisions (usually at least six months of the The Senior Executive Service filed Many Foreign Service employees year) but are not domiciled there. suit in the U.S. Court of Claims for have questions about their liability to Thus, in addition to paying tax to the refund of lump-sum tax pay¬ pay state income taxes during peri¬ the state of domicile, Foreign Service ments on the grounds of double taxa¬ ods posted overseas or assigned to employees residing in metropolitan tion, since these funds had already Washington. It is a fundamental rule Washington are also required to pay been taxed before being deposited of law that all U.S. citizens, because income tax to either the District, into the retirement trust fund. The they have the right to vote, retain a Maryland, or Virginia. However, most Court of Claims mled against SES, state of domicile even if residing states allow a credit, so that the tax¬ however, and the case is now being abroad. There are many criteria used payer pays the higher tax rate of the appealed to the U.S. Court of Ap¬ in determining which state is a two states, with each state receiving peals. Regardless of the decision, the citizen’s domicile. One of the strong¬ a share. California specifically ex¬ case will surely be appealed to the est determinants is prolonged physi¬ empts all Foreign Service officers Supreme Court so a final decision cal presence, a standard that Foreign domiciled in the state from state in¬ cannot be expected for some time. Service personnel frequently cannot come taxation if they reside outside meet, due to overseas service. the state and do not earn income in State tax provisions In such cases, the states will make California. AFSA has become aware This guide will help to answer a determination of the individual’s in¬ of recent cases of career Foreign Ser¬ some of the questions regarding one come tax status based on other fac¬ vice staff who were not being al¬ of the most perplexing problems fac¬ tors, including where the individual lowed the exemption. ing Foreign Service employees and has family ties, where he or she is There are currently seven states retirees: the filing of state income registered to vote or has a driver’s li¬ with no state income tax: Alaska, tax. Every member serving abroad cense, where he or she owns prop¬ Florida, Nevada, South Dakota, must maintain a state of domicile in erty, or where the person has bank Texas, Washington, and Wyoming. In the United States, and the tax liability accounts or other financial holdings. addition, the following states have that the employee faces varies In the case of Foreign Service em¬ no tax on personal income but do greatly from state to state. In addi¬ ployees, the domicile might be the tax profits from the sale of bonds tion, there are myriad regulations per¬ state from which the person joined and property: Connecticut, New taining to the taxability of Foreign the service or where he or she in¬ Hampshire, and Tennessee. Service pensions and annuities, as tends to return upon separation. For There are also six states which, each state has different rules about purposes of this article, the term do¬ under certain conditions, do not tax the conditions under which individu¬ micile refers to legal residence; some income earned outside of the state: als are liable for such income. states also define it as permanent resi¬ Missouri, New Jersey, New York, Ore¬ This guide, which supercedes last dence. Residence refers to physical gon, Pennsylvania, and West Virginia. year’s article on the subject {see The presence in the state. The requirements are that the individ¬ FSf February 1990), will review the Foreign Service personnel must ual have a permanent “place of laws regarding income tax and tax continue to pay taxes to the state of abode” elsewhere, not have a perma¬ on annuities and pensions as they domicile (or to the District of Colum¬ nent “place of abode” in the state, pertain to Foreign Service personnel. bia) while residing outside of the and not spend more than 30 (31 in The provisions will be reviewed on a state, including during assignments the case of Oregon) days in the state state-by-state basis to make it easy abroad. Thus, it is advantageous if during the tax year. Also, please note for members to concentrate on laws the state of domicile has little or no that these six states require the filing that are applicable to their situation. tax on income earned outside the of non-resident returns for all income Please note that while AFSA makes state. earned from in-state sources. every attempt to provide the most up- A non-resident, according to most AFSA is aware of a case in which to-date information, readers should states’ definitions, is an individual a Foreign Service employee domi¬ still speak with a tax expert in the who earns income or interest in the ciled in Pennsylvania was forced to state in question tvith any specific specific state but does not live there continue paying state income tax questions. The first section of the or is living there for only part of the even though the employee was as¬ guide will summarize individual state year (usually, less than six months). signed overseas, occupying govern¬ income tax provisions, and the sec¬ Individuals are generally considered ment housing. The state of ond section will examine each state’s residents, and are thus fully liable for Pennsylvania held that “quarters pro¬ laws on exemptions of annuities and taxes, if they are domiciled in the vided by the government at no cost

56 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 G U D E to Petitioner cannot be considered as Louisiana, Maine, Maryland, Mas¬ a permanent residence elsewhere, maintaining a permanent place of sachusetts, Michigan, Minnesota, and is not physically present in the abode.” Members of the Foreign Ser¬ Mississippi: State income tax on all state for more than 31 days during vice who are quartered in govern¬ sources of income the tax year. Filing a return is not re¬ ment housing will have to pay Missouri: No tax liability for out- quired, but it is recommended to pre¬ income tax to Pennsylvania. If they of-state income if the individual has serve domicile status. Filing is rent their own home overseas, how¬ no permanent residence in Missouri, required on Form 40 NR for income ever, they will be exempt from these has a permanent residence else¬ derived from Oregon sources. taxes. AFSA is not aware of a similar where, and is not physically present Pennsylvania: No tax liability for ruling in any of the other five states, in the state for more than 30 days out-of-state income if the individual but Foreign Service employees during the tax year. A return must be has no permanent residence in the should be aware that states could filed yearly with an attached affidavit state, has a permanent residence else¬ challenge the status of government of non-residency. Filing is also re¬ where, and spends no more than 30 housing in the future. quired on Form 40, Schedule NRI, days in the state during the tax year. The following list gives a state-by¬ for income of more than $600 from Filing a return is not required, but it state overview of the latest informa¬ Missouri sources. is recommended to preserve domicile tion available on tax liability. For Montana, Nebraska: State in¬ status. Filing is required on Form PA- further information please contact come tax on all sources of income 40-NR for all income derived from AFSA’s Member Services Department. Nevada: No state income tax Pennsylvania sources. Members of the New Hampshire: No personal in¬ Foreign Service living abroad in gov¬ Alabama: State income tax on all come tax, but tax liability on profits ernment quarters must continue to sources of income from in-state sources, including the pay income tax. Alaska: No state income tax sale of property and bonds Rhode Island and South Caro¬ Arizona: State income tax on all New Jersey: No tax liability for lina: State income tax on all sources sources of income out-of-state income if the individual of income Arkansas: State income tax on all has no permanent residence in New South Dakota: No state income sources of income Jersey, has a permanent residence tax California: Exempts career For¬ elsewhere, and is not physically in Tennessee: No personal income eign Service officers living outside Cal¬ the state for more than 30 days dur¬ tax, but tax liability on profits from ifornia from taxes on out-of-state ing the tax year. Filing a return is in-state sources, including the sale of income. Personnel must file form not required, but it is recommended property and bonds 540NR. in order to preserve domicile status. Texas: No state income tax Colorado: State income tax on all Filing is required on Form 1040 NR Utah, Vermont, and Virginia: sources of income for revenue derived from in-state State income tax on all sources of in¬ Connecticut: No personal income sources. come tax, but tax liability on profits from New Mexico: State income tax on Washington: No state income tax the sale of property and bonds. Prof¬ all sources of income West Virginia: No tax liability for its from the sale of property are New York: No tax liability for out- out-of-state income if the individual taxed even if the property is located of-state income if the individual has has no permanent residence in West out of the state or the transaction oc¬ no permanent residence in New Virginia, has a permanent residence curs out of the state. York, has a permanent residence else¬ elsewhere, and spends no more than Delaware: State income tax on all where, and is not present in the state thirty days of the tax year in West Vir¬ sources of income more than 30 days during the tax ginia. Filing a return is not required, District of Columbia: Income tax year. Filing a return is not required, but it is recommended to preserve on all sources of income. Effective but it is recommended to preserve domicile status. Filing is required on 1988, the D.C. tax exclusion no domicile status. Filing is required on Form IT-140 NR for all income de¬ longer applies to Foreign Service offi¬ Form IT-203-1 or IT-203-P for reve¬ rived from West Virginia sources. cers. AFSA’s appeal of the D.C. tax nue derived from New York sources. Wisconsin: State income tax on ruling has been denied, thus employ¬ North Carolina, North Dakota, all sources of income ees must pay D.C. income tax while Ohio, and Oklahoma: State income Wyoming: No state income tax residing in the District. tax on all sources of income Florida: No state income tax. Oregon: No tax liability for out-of- State pension and annuity tax Georgia, Hawaii, Idaho, Illinois, state income if the individual has no The laws regarding the taxation of Indiana, Iowa, Kansas, Kentucky, permanent residence in Oregon, has Foreign Service annuities vary greatly

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 57 from state to state. In addition to the current legal action in various states Iowa: Specifically exempts Civil 10 states that have no income tax or in response to Davis v. Michigan. Service, but not Foreign Service, an¬ no tax on personal income, there are Alabama: Specifically exempts nuities. Therefore Foreign Service an¬ several states that do not tax income Civil Service, but not Foreign Service, nuities are fully taxable. derived from pensions and annuities. annuities. Therefore Foreign Service Kansas: Specifically exempts Civil There are four states—Alabama, annuities are fully taxable. Service, but not Foreign Service, an¬ Iowa, Kansas, and North Dakota— Alaska: No personal income tax nuities. Therefore, Foreign Service an¬ that tax Foreign Service annuities Arizona: $2,500 exemption. It is nuities are fully taxable. while exempting those of the Civil not clear whether this exemption per¬ Kentucky: Civil Service annuities Service. In addition, there are three tains to Foreign Service annuities, are specifically exempted. It is not states—Arizona, Idaho, and Okla¬ however. See above paragraphs for certain whether this exemption ap¬ homa—that have provisions exempt¬ further discussion plies to Foreign Service annuities. ing certain amounts of Civil Service Arkansas: Up to $6,000 exempt Louisiana: May exclude up to annuities. It is unclear from the infor¬ California: Fully taxable $6,000 for single, $12,000 for married mation available to AFSA whether Colorado: Up to $20,000 exempt, filing jointly, only if 65 years or the exemption pertains to Foreign only if 55 or older older. Totally exempts Civil Service Service annuities as well. Connecticut: No personal income annuities. In response to the U.S. Supreme tax Maine: Fully taxable Court’s decision in Davis v. Michigan Delaware: Two exclusions: (1) Maryland: For individuals 65 Department of the Treasury, annu¬ Up to $2,000 exempt if earned in¬ years or older or permanently dis¬ itants in a number of states are chal¬ come is less than $2,500 and Ad¬ abled, pensions and annuities are ex¬ lenging unequal taxation of state justed Gross Income is less than cluded 10,800 using the following versus federal annuities. In this prece¬ $10,000; if married and filing jointly, formula: The total amount of social dent-setting decision, the court ruled up to $4,000 exempt if earned in¬ security benefits received is sub¬ that the policy of the state of Michi¬ come is less than $5,000 and AGI is tracted from $10,800. The remaining gan to exempt from taxation the an¬ under $20,000. This is applicable if amount is exempted. nuities of retired state of Michigan 60 years or older or totally disabled. Massachusetts: Full exemption and local government employees (2) Amounts received as pension ex¬ Michigan: Full exemption for while taxing the annuities of retired empted up to $2,000 if under 60, Civil Service annuities. See above for federal employees residing in Michi¬ and up to $3,000 if over 60. discussion of U.S. Supreme Court de¬ gan discriminates against federal an¬ District of Columbia: S3,000 ex¬ cision in Davis v. Michigan. nuitants and is therefore empt only if the taxpayer is 62 years Minnesota: Individuals 65 and unconstitutional. Because many states or older older or permanently disabled may have similar practices regarding the Florida: No personal income tax obtain an exclusion of certain in¬ treatment of annuitant income, indi¬ Georgia: $10,000 exempt for come by filling out a Subtraction for viduals and groups are currently in¬ those 62 years or older and perma¬ the Elderly form. Whether an individ¬ volved in litigation in order to nently or totally disabled ual qualifies for an exclusion de¬ compel their states of residence to Hawaii: Full exemption pends on several criteria, including comply with Davis v. Michigan. Idaho: Up to $11,700 exempt for amount of income, amount of social In particular, retired AFSA mem¬ a single return; up to $17,544 if filing security benefits received, and the bers in Arizona have banded to¬ jointly. Up to $9,394 exempt for un¬ amount of the pension. An individual gether with other federal annuitants, married survivor of annuitant. Must must fill out this form to determine if forming a coalition to pursue a class be 65 years or older, or 62 years or he or she qualifies. action suit against the Arizona Depart¬ older and disabled. Amount reduced Mississippi: Up to $6,000 of annu¬ ment of Revenue. Interested parties dollar for dollar by social security ity may be excluded. are encouraged to contact: Brian benefits. However, it is not clear Missouri: Fully taxable Luscher, Bonn & Jensen, 805 North whether this exclusion pertains to Montana: Full exemption of Civil Second Street, Phoenix, Arizona Foreign Service annuities. See above Service annuities. It is not clear, how¬ 85004, (602) 254-5557. paragraph for further information. ever, if Foreign Service annuities are All other states tax Foreign and Illinois: Full Exemption also exempt. Civil Service annuities and pensions Indiana: $2,000 exemption for Nebraska: Fully taxable to varying degrees. The following in¬ most 62 years or older, reduced dol¬ Nevada: No personal income tax formation is current but does not re¬ lar for dollar by social security bene¬ New Hampshire: No personal in¬ flect changes that may result from fits. come tax

58 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 New Jersey: $7,500 when filing tion for annuities for taxpayers under The author would like to express as a single, $10,000 when filing 62 years of age. thanks for their help in preparing this jointly. For persons 62 years or older Washington: No personal income article to AFSA's tax consultant, Bob or permanently disabled, up to tax Dussell, who continues to provide ad¬ $7,500 may be excluded if filing sin¬ West Virginia: $2,000 excluded. vice to countless Foreign Service em¬ gle return or up to $10,000 if married There is also $8,000 exclusion for in¬ ployees, and to AFSA’s Executive and filing jointly. Additional amounts come from any source for those 65 Director Sabine Sisk. ($3,000 single, $6,000 joint) may be years or older. deducted if ineligible for social secu¬ Wisconsin: Fully taxable rity benefits. Also, if earned income Wyoming: No personal income totals less than $3,000 on lines 13, tax 41, and 48 of the return, an individ¬ ual may exclude any unused portion of the pension exclusion. New Mexico: Up to $3,000 is ex¬ empt New York: Full exemption for in¬ dividuals over 59 1/2 years North Carolina: Up to $4,000 may be excluded. North Dakota: Specifically ex¬ empts Civil Service, but not Foreign Service annuities. Foreign Service an¬ nuities are fully taxable. Enjoy 1991 Ohio: Gives a tax credit based on the amount of the retirement annuity. With Us! If the annuity is below $500, then there is no credit. Annuity of $500- 1,499 merits an $80 credit; $5,000- $7,999 merits $130 credit; and any annuity over $8,000 merits a credit of $200. If the individual is 65 years or older, an additional $50 tax credit is given. Oklahoma: $5,550 excluded. However, it is not clear whether this exemption pertains to Foreign Ser¬ vice annuities. See above paragraph for further discussion. Oregon: $5,000 exemption for those who are 62 years or older. It is phased out for annuities over $30,000. Pennsylvania: Full exemption The American Foreign Service Club Rhode Island: Fully taxable South Carolina: Up to $3,000 Breakfast • Lunch • Cocktail Hour • Private Parties may be excluded South Dakota, Tennessee and Texas: No personal income tax Utah: $7,500 exemption Vermont: Fully taxable Virginia: $12,000 plus $800 per¬ THE * AMERICAN ★ FOREIGN ★ SERVICE ★ CLUB sonal exemption is exempted (exclud¬ Serving America's Diplomatic Community ing social security) for individuals 2101 E Street, N.W, Washington, D.C. 20037 • 202/338-5730 over 65. $6,000 is exempted (exclud¬ (Directly across from the Department of State) ing social security) for people 62 to 64 years of age. There is no exemp¬

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 59 1991 election of AFSA officers and constituency representatives This election call, issued in accor¬ nominated who is not on automatic his or her acceptance in writing, with dance with Article V (1) of the AFSA dues deduction and has paid dues this confirmation addressed to the bylaws, constitutes a formal notice to through February 28, 1991 but has not AFSA Elections Committee at the all AFSA members of the opportunity paid through June 30, 1991, that mem¬ above address, to be received no later to participate in nominations and elec¬ ber will be contacted and advised that than 12 noon on March 11, 1991- Mem¬ tions of a new governing board. All of he or she must pay dues through June bers overseas can send an “AFSA chan¬ the officer and representative positions 30 in order to be a candidate.) nel” message accepting nomination, listed below are for two-year terms be¬ C. General provisions which must be received in the ginning July 15, 1991. 1. No member may nominate more department’s Communications Center A. Positions to be filled than one person for each officer posi¬ within the same time limit. Any nomi¬ 1. The officer positions to be filled tion or more than the number of repre¬ nee whose written acceptance of nomi¬ in this election are: sentatives established for each nation has not been received by the (a) President constituency. No member’s name may Elections Committee by the above time (b) Vice President for State appear on the ballot for more than limit will be considered to have de¬ (c) Vice President for A.I.D. one position. clined candidacy. (d) Vice President for US1A 2. Management officials and confi¬ F. All candidates nominated (e) Vice President for Retirees dential employees cannot be nomi¬ under the procedure outlined (f) Secretary nated for positions on the governing above will be given the opportunity (g) Treasurer board, nor may they make or support to submit brief biographies and 2. The constituency representative nominations or serve on nominating campaign statements for dissemina¬ positions to be filled in this election committees. tion to the AFSA membership in the are: 3. Nominations may be submitted in¬ May issue of the FOREIGN SERVICE JOUR¬ (a) State Department representatives dividually or in slates. Slate designa¬ NAL in AFSA News. Further information (five positions) tions will be noted on the ballot. regarding such statements and FOREIGN (b) A.I.D. representatives (two posi¬ D. All nominations must be sub¬ SERVICE JOURNAL editorial deadlines will tions) mitted in writing or by cable. be contained in the “Instructions to (c) USIA representative (one posi¬ All written nominations must be ad¬ Candidates,” which will be issued by tion) dressed to the AFSA Elections Commit¬ the Elections Committee on or before (d) Commerce representative (one tee, P.O. Box 42677, Washington, D.C. March 4, 1991. position) 20015-0677. To be valid, they must, G. The AFSA bylaws provide that, (e) Agriculture representative (one without exception, be received at this should candidates wish to mail sup¬ position) address no later than 12 noon on plementary statements to the mem¬ (0 Retired member representatives March 4, 1991. Members overseas can bership, the association will make (four positions) send “AFSA channel” cables marked available to them on request, and at AFSA bylaws, Article IV (4), autho¬ for delivery to the AFSA Elections Com¬ their expense, the membership mailing rize one constituency representative po¬ mittee. They must be received in the list or address labels. Further details on sition for every 1,000 members or department’s Communications Center this and such other services as the Elec¬ fraction thereof. The number of posi¬ within the same time limit. Alterna¬ tions Committee may be able to pro¬ tions to be filled in this election is tively, nominations can be hand-deliv¬ vide candidates will be included in the based upon the membership rolls as of ered to a committee member who will “Instructions to Candidates” mentioned December 31, 1990. be in the AFSA office, Room 3644, De¬ in F above. B. Qualifications for being nomi¬ partment of State, from 11 a.m. to 12 H. Ballots: The ballot will be distrib¬ nated noon on March 4. uted on or about May 15, 1991 to each 1. Any AFSA member in good stand¬ E. A nominee can indicate his or person who is an AFSA member as of ing (i.e., a member whose dues are au¬ her acceptance of a nomination by April 30, 1991. Each member may cast tomatically deducted or who has paid appending a letter to the letter of nomi¬ one vote for each officer position and, dues through February 1991) may sub¬ nation or by appropriate notation on in addition, one vote for each represen¬ mit names (including his or her own that letter. Otherwise, an authorized tative position in the member’s own name) in nomination for any or all of representative of the Elections Commit¬ constituency by voting for candidates the above-mentioned positions for tee will communicate with each nomi¬ listed on the official ballot, or by writ¬ which the nominee is eligible. nee (including members who nominate ing in the name(s) of memberfs) eligi¬ 2. In order to be nominated, a per¬ themselves) as quickly as possible after ble as of June 30, 1991, or by doing son must likewise be a member in the receipt of each nomination to deter¬ both. To be valid, a ballot must be re¬ good standing. (The bylaws require mine whether the nominee wishes to ceived by the Elections Committee no that a “candidate” be a member be a candidate. Any member who so later than 12 noon Friday, June 28, through June 1991.) If a member is accepts the nomination must confirm 1991 at the address indicated on the

60 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 E O N 1 1

envelope accompanying the ballot. voter. The committee will inform candi¬ lication of this election call through More detailed balloting instructions will dates individually of the election re¬ September 15, 1991, any member may accompany the ballots. sults by the swiftest possible means file a written question, suggestion, or I. Tally: On orand about will Julypublish 1, 1991,the names of all complaint concerning the conduct of the Elections Committee will count the elected candidates in the September the 1991 election. Such question, sug¬ ballots and declare elected the candi¬ issue of the FOREIGN SERVICE JOURNAL. gestion, or complaint should be ad¬ date receiving the greatest number of The elected candidates will take office dressed to the AFSA Elections votes for each position. Candidates or on July 15, 1991, as provided in the by¬ Committee, P.O. Box 42677, Washing¬ their representatives may be present laws. ton, D.C. 20015-0677. during the tally and challenge the valid¬ J. Questions, suggestions, or com¬ ity of any vote or the eligibility of any plaints: At any time following the pub¬ Proposed revisions to AFSA’s bylaws This proposed bylaw revision to inflation. In order to overcome this be the AMERICAN FOREIGN SERVICE will be referred to the membership and provide more predictability to asso¬ ASSOCIATION, a nonprofit corporation for a vote along with the ballots, ciation revenues, the board recom¬ incorporated in the District of Colum¬ which will be sent to members in mends that the bylaws be changed to bia. mid-May. Members may submit com¬ permit (but not require) dues increases ARTICLE II ments on the revisions in accor¬ not to exceed the increase in the Con¬ Purposes and Objectives dance with Article VIII of the sumer Price Index since the previous in¬ In accordance with the general pur¬ existing bylaws, which may be re¬ crease in dues. Any larger increase will poses and objectives set forth in the quested from AFSA/Washington or still have to be approved by a majority Certificate of Incorporation, the follow¬ from post representatives. Com¬ of the members voting (new Article IV). ing are declared to be the primary pur¬ ments should be addressed to the Membership: Although for years poses and objectives of this association: AFSA Elections Committee, P.O. Box the association has had associate mem¬ 1. To further the interests and well¬ 42677, Washington, D C 20015-0677. bers and we now actively recruit being of the members of the associa¬ —Alan Lukens groups to become International Associ¬ tion; Chairman, Elections Committee ates, the current bylaws provide for 2. To represent the members of the Following is the Governing only one category of membership. The Foreign Service of the United States, in Board’s statement of explanation of revised bylaws will clarify membership accordance with Chapters 10 (Labor- Management Relations) and 11 (Griev¬ the proposed bylaws: categories and authorize associate mem¬ berships. ances) of the Foreign Service Act of The AFSA Governing Board tradi¬ Governing Board: The revised by¬ 1980; tionally proposes bylaw changes to¬ laws clarify, but do not substantially gether with the biennial election of a 3. To work closely with the foreign change, provisions relating to election, affairs agencies, the Congress, and new board. A review showed that as a authority, responsibility, and operations other iriterested institutions and individ¬ result of piecemeal changes over the of the Governing Board. uals to strengthen the ability of the for¬ years, the bylaws needed a complete— Internal Organization: The re¬ eign affairs community to contribute to though largely cosmetic—rewrite. The vised bylaws spell out the authority effective foreign policies; board has done this and is submitting and responsibilities of several existing 4. To accept and receive gifts, for your approval in May not changes committees (constituency committees, grants, devises, bequests, and funds as to specific articles or sections, but re¬ Journal Editorial Board, and Education may be donated or otherwise given to written bylaws. Committee) and clarify the board’s au¬ this association by any person or per¬ The board has tried to organize ma¬ thority to establish other committees. sons, group or groups, and to utilize terial coherently, clean up language, They also provide more realistic organi¬ or dispose of the same for the pur¬ clarify (but not significantly change) zational alternatives for overseas chap¬ poses of this association, or as directed rights and authorities, and generally ters. by said donors; provide a more useful document. The Governing Board asks that you 5. To maintain and operate a schol¬ There are, however, changes of which carefully review the proposed bylaws arship fund and such other funds as you should be aware, one of them of carefully. The board is confident that may be established by the board com¬ real significance to all members: you will agree they improve this docu¬ mensurate with the purposes and objec¬ Dues: The practice has developed ment, and it asks that you vote in May tives of the association; during the terms of the last several gov¬ to adopt them. 6. To publish the Foreign Service erning boards of proposing dues in¬ THE AMERICAN FOREIGN SER Journal and other official organs of the creases (as required by the bylaws) VICE ASSOCIATION BYLAWS as association; and every three to four years. This board amended July 1991 7. To carry on such other activities endorses that practice but notes that ARTICLE I as may be deemed practicable in order between dues increases the association Name and Place of Business to serve the interests of the association suffers an effective loss of revenue due The name of this organization shall or its members.

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 61 ELECTION*! 991

ARTICLE m such dues at its discretion; except that nually on its management of the Membership any increase in dues for regular mem¬ association’s affairs and finances, and Section 1. General Provisions: The bers shall not exceed the cumulative in¬ its plans and budget for the succeed¬ association shall be composed of regu¬ crease in the national Consumer Price ing year. lar members, associate members, and Index (CPI), as published by the U.S. Section 3- Officers: The officers of honorary members. The board shall es¬ Department of Labor, since the effec¬ the association shall be a president, tablish terms, conditions, and privi¬ tive date of the last previous dues in¬ constituency vice presidents, a secre¬ leges for the associate and honorary crease. Any proposal to increase dues tary, and a treasurer. They shall be member categories. of regular members by more than the elected as described in Section 4, Section 2. Regular Members: Regu¬ CPI must be submitted to a referen¬ below. They shall have the powers lar membership is limited to current or dum and approved by a majority of and duties specifically conferred on former members of the Foreign Service those members voting by secret ballot. them by applicable law and regulation, as defined by Sections 103 (paragraphs ARTICLE V these bylaws, and the board. 1 to 5) and 202 of the Foreign Service The Governing Board Section 4. Manner of election: Act of 1980, or, successor legislation. In¬ Section 1. General: This association (a) The president, secretary, and dividuals eligible for regular member¬ shall be governed by a Governing treasurer shall be elected by the regu¬ ship may be so admitted upon Board (herein called “the board”) con¬ lar membership at the same time as application and payment of dues, and sisting of regular members in good other members of the board. shall be permitted to maintain their standing, elected by the regular mem¬ (b) The constituency vice presidents membership as long as they remain eli¬ bership biennially for two-year terms and representatives shall be elected gible and maintain current dues pay¬ as officers or representatives in the from constituencies composed of the ments. Only regular members may manner provided in Section 4 below. regular members belonging to the For¬ vote, hold office, or exercise other Section 2. Authority and responsibil¬ eign Service in each of the depart¬ rights regarding the conduct of the af¬ ity: The board is empowered to pro¬ ments or agencies to which Chapter 10 fairs of the association. mulgate and implement the regulations of the Foreign Service Act of 1980 ap¬ Section 3. Associate Members: Indi¬ and policies of the association; appoint plies, pursuant to Sec. 1003(a), and a viduals or organizations closely associ¬ and oversee its committees and publica¬ single retired constituency for all for¬ ated with or interested in the foreign tions; actively pursue its objectives; mer members of the service from all affairs of the U.S. but not eligible for and supervise the disbursement of its such departments and agencies. regular membership may become asso¬ funds. The board is responsible for: Each constituency having a mini¬ ciate members upon the acceptance of (a) managing the property and af¬ mum of 100 members as of the last their application by the board and the fairs of the association; working day of the calendar year be¬ payment of dues, and shall be permit¬ (b) adopting rules and policies for fore the election shall be entitled to a ted to maintain membership so long as the conduct of association business; constituency vice president. In addi¬ they maintain current dues payments. (c) maintaining fiscal integrity in the tion, each constituency shall be enti¬ Section 4. Honorary Members: The conduct of the affairs of the associa¬ tled to one representative for each board may invite to become honorary tion, including provisions for account¬ 1,000 members or fraction thereof as members such individuals as it deems ing and financial controls, and for of the last working day of the calendar proper. Honorary members shall be ex¬ providing regular financial reports or year before the election year, provided empt from the payment of dues. summaries to the membership; that any constituency that for three con¬ Section 5. Removal of Members: (d) to the extent practicable, keep¬ secutive months has a membership Members may be expelled or other¬ ing the membership currently informed which would on that date have enti¬ wise disciplined by the association for on, seeking its advice before making tled it to an additional representative engaging in conduct which discredits decisions on, and informing it shall have an additional representative, or brings into disrepute the association promptly of its decisions on important who shall be appointed by the board. or the Foreign Service, or for taking matters affecting the membership, the Section 5. Meetings and voting: legal or administrative agency action Foreign Service, and the association; (a) Meetings: The board shall meet against the association without exhaust¬ (e) facilitating communication from at least once each month. The board ing all reasonable internal administra¬ any member(s) to the membership, or shall also meet to consider a particular tive procedures. No member may be any practicable portion thereof, on as¬ subject or subjects upon the written re¬ disciplined by the association without sociation business, at the expense of quest of the president, one-third of the being served with specific charges, the member(s) initiating the communi¬ board members, an overseas chapter, given a reasonable time to prepare a cation; or 25 regular members, submitted at defense, and permitted due hearing. (0 ensuring that persons in any po¬ least five days prior to the date of the The board shall establish procedures sition of authority at any level of the proposed meeting: for removal or disciplinary actions, and association do not engage in business Meetings shall be announced and its decisions shall be final and binding. or financial activities or have financial open to any regular member, provided ARTICLE IV interests which conflict with their du¬ that the board may adopt regulations Dues ties to the association or its members; to preserve good order, and may go The board shall establish the dues and into executive session. Minutes, except to be paid by members, and may alter (g) reporting to the membership an¬ of executive sessions, shall be avail-

62 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 ELECTION*! 991 able to members on request. laws and the association budget, to other committees as it deems neces¬ (b) Voting: Each board member conduct regular elections for Govern¬ sary for the efficient operation of the shall have one vote. A majority of the ing Board, recall elections, referenda, association and to further its purposes members of the board shall constitute and any vote on amendments to these and objectives. The board shall pro¬ a quorum and must be present for any bylaws. The committee shall establish vide overall guidance to such commit¬ vote, board members who will be out¬ regulations for these procedures and in¬ tees, but may delegate to them such side the Washington area for a board terpret relevant sections of the bylaws, authority as it deems necessary. Where meeting may leave a written proxy resolve disputes and determine and de¬ practicable, the membership and au¬ with another board member who shall clare election results. thorities of such committees should be vote that proxy in accordance with the The Committee on Elections shall spelled out in writing and approved by wishes of the absent member or, ab¬ be composed of at least five members, the board. sent indication of such preferences, in including a chair and at least one mem¬ Section 3. Chapters and Representa¬ accordance with his or her own prefer¬ ber from each constituency. The board tives: Regular members assigned out¬ ence. shall appoint the chair and members side of the Washington Area may Section 6. Vacancies: Vacancies oc¬ of the committee for two-year terms be¬ organize chapters at their post, under curring during the term of the board ginning July 15 of each even-num¬ the general direction of the board. shall be filled by the board by appoint¬ bered year, and shall fill vacancies Chapters may adopt bylaws, which ment from the regular membership, occurring during such term, but may must be approved by the board. The provided that constituency vice presi¬ not remove committee members ex¬ president of any such chapter shall be dents and representatives shall be cho¬ cept on recommendation of the com¬ the principal AFSA representative at sen from the constituency of the mittee or in accordance with that post, entitled to represent AFSA to vacancy as defined in Section 4, above. disciplinary procedures. Committee post management in accordance with Section 7. Recall: The membership members shall be impartial in the per¬ applicable agreements between AFSA has the right to recall the president, formance of their duties while serving, and the foreign affairs agencies and secretary, and treasurer, and the mem¬ and for six months thereafter they shall agency regulations. Where a formal bership of any constituency has the not be board members or candidates chapter does not exist, members may right to recall any constituency vice or nominators thereof, or accept ap¬ nevertheless elect an AFSA representa¬ president or representative in whom pointment to the chair of any other tive for their post or, in the absence of said membership has no confidence. committee. such election, the board may appoint Two-thirds of the board or 5 per cent (b) Constituency Standing Commit¬ such a representative. The board will of the membership concerned may rec¬ tees: Standing committees for each con¬ from time to time issue guidance to its ommend such recall by written request stituency shall have primary post representatives and for the organi¬ and supporting statement to the Stand¬ responsibility, subject to the overall zation and functioning of chapters. The ing Committee on Elections. The com¬ guidance of the board, for the interests activities of both representatives and mittee shall submit the recall proposal, of members of said constituencies in chapters shall in all respects be consis¬ supporting statements and statements, general and in particular for members tent with these bylaws, the board’s if any, submitted in favor of the board assigned in the Washington area. The guidance, and the association’s agree¬ member in question to the member¬ board shall appoint, and determine the ments with the foreign affairs agencies. ship concerned for vote by secret bal¬ terms of, the chair and members of lot. each constituency standing committee ARTICLE VII Section 8. Residency: Board mem¬ from among the members within each Elections bers shall be resident in the Washing¬ such constituency. Section 1. Candidates: All regular ton area within 60 days of (c) Journal Editorial Board: The members of the association in good appointment or election to office and board shall appoint and determine the standing are eligible to be candidates shall remain resident in the Washing¬ terms of the chair and members of tire for the officer or representative posi¬ ton area throughout their term in of¬ Journal Editorial Board who, under the tions on the board. fice. Board members who cease to be overall guidance of the board, shall be Section 2. Procedures: resident in the Washington area during specifically responsible for the editorial (a) In odd-numbered years the Com¬ their term shall submit their resigna¬ policy of the FOREIGN SERVICE JOURNAL.. mittee on Elections shall issue to all tions to the board. (d) Committee on Education: The Members an election call prescribing board shall appoint and determine the the terms and conditions of the elec¬ ARTICLE VI terms of the chair and members of the tion and soliciting candidacies in the Internal Organization Committee on Education who, under February FOREIGN SERVICE JOURNAL and Section 1. The following committees the overall guidance of the board, in other appropriate media. and boards shall exist on a permanent shall develop policies and criteria for (b) All nominations shall be in writ¬ basis: awards under the association’s scholar¬ ing and must be received by the Com¬ (a) Committee on Elections: The ship programs. mittee on Elections not later than 30 Committee on Elections shall have full Section 2: The board shall have the days following the date of the election power within the association, subject authority to establish and appoint and call. Nominations must be accompa¬ to applicable law, regulation, these by¬ determine the terms of members of nied by evidence of eligibility as of

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 63 E O N 1 1

June 30 of the year of the election. (h) The committee shall count on proposed amendment and justification Nominations may be individual or by or about July 1 all ballots received as by publication in the FOREIGN SERVICE slate, and candidates may be self-nomi¬ of the close of business the last work¬ JOURNAL and other appropriate media. nated or nominated by any regular ing day of June. Candidates or their The committee shall accept, for 45 member. representatives may observe counting days following the date of publication (c) The Committee on Elections procedures and are entitled to of the proposed amendment, state¬ shall verify the eligibility of candidates challenge the validity of any vote or ments of appropriate length submitted for each position and announce the eligibility of any voter. in opposition thereto and signed by candidates’ names on or about April 1. (i) The committee will decide on not less than 10 members. No two (d) The committee shall receive challenges and declare elected the can¬ statements shall be signed by the same campaign statements from candidates didates receiving the greatest number member. and/or slates and distribute them to of valid votes for each position. (c) Members may distribute, at their the concerned membership at associa¬ (j) The new board shall take office own expense, additional statements re¬ tion expense pursuant to procedures it on July 15. garding a proposed amendment. To fa¬ shall establish for that purpose. The cilitate this process, the association committee shall also facilitate the distri¬ ARTICLE VIII shall make available on request the bution, during a campaign period of Referendum membership list or address labels, for not less than 30 days, of additional ma¬ Section 1. The membership may, by which it shall be reimbursed for all re¬ terial related to the election which can¬ majority vote in a referendum, deter¬ lated expenses. didates, slates and/or other members mine the association’s policy on any (d) The committee shall commence wish to distribute at their own ex¬ matter within the scope of the a poll of the membership on the pro¬ pense. Those initiating such statements association’s purposes and objectives. posed amendment within 90 days fol¬ and materials shall assume full legal re¬ Section 2. One-third of the board, lowing the date of its publication, and sponsibility for their contents. 10 chapters, or 100 regular members shall conclude the poll within 45 days. (e) The committee shall mail the of¬ may initiate a referendum by submit¬ The committee shall provide, along ficial ballot bearing the names of all ting a specific proposal to the Commit¬ with ballots, the statements in support qualified candidates, slate identifica¬ tee on Elections. The Committee on of and in opposition to the proposed tions when applicable, and voting in¬ Elections will submit it to the regular amendment. structions to each regular member on membership for decision in a secret Section 2. Adoption of a proposed or about May 15. ballot under procedures established by amendment will require the affirmative (0 Each regular member may cast it for that purpose. votes of not less than two-thirds of the one vote each for president, secretary valid votes received and will be effec¬ and treasurer, one vote for the appro¬ ARTICLE IX tive immediately. priate constituency vice president and Amendments one vote for each representative posi¬ Section 1. Procedures: ARTICLE X tion available in the member’s constitu¬ (a) One hundred regular members Parliamentary Authority ency. Members may vote for or the board may propose, in writing The association’s parliamentary au¬ candidates as individuals or as a slate, and accompanied by a statement of jus¬ thority shall be the most recent edition or may write in the name(s) of any reg¬ tification, an amendment to these by¬ of Robert’s Rules of Order Newly Re¬ ular memberfs) who fulfills the eligibil¬ laws by submission to the Committee vised, except as otherwise provided by ity requirements as prescribed. on Elections. applicable law, regulation, or decision (g) The committee shall ensure the (b) The committee shall promptly of the Governing Board. secrecy of each member’s vote. circulate to the membership each such

Answers to the Foreign Service Quiz. Questions appear on page 8.

1. Elihu B. Washburne of Illinois, who served 11 days. He was appointed by President Ulysses S. Grant and went on to serve as minister to France after his term as secretary, granted to him to elevate his prestige before his posting to France. 2. Thomas Jefferson, who wrote in 1801: “. . . no person should be continued on foreign mission beyond an ab¬ sence of six, seven, or eight years.” 3. John Bigelow 4. Franz von Papen, chancellor in 1932, who served as military attache in Washington in 1915. He was expelled from the United States on charges of espionage. 5. David K. E. Bruce. He served as ambassador to France from 1949 to 1952; to Germany from 1957 to 1959; and to the United Kingdom, from 1961 to 1969.

64 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 AF S A ♦ INI E W

The board ultimately upheld the bers of the Foreign Service hold posi¬ department’s decision to terminate tions of great importance and respon¬ Further limits on Miller. Miller did not challenge the sibility as representatives of the board’s decision but sought back pay Department of State and the U.S. prescriptive relief from the department covering the pe¬ Government, . . . this court will not Turna R. Lewis riod between her termination and circumscribe the Secretary’s discre¬ General Counsel tire board’s final decision. tion to control that membership in The Department of State argued the absence of a clear statutory man¬ A District of Columbia District that the board lacks authority to hear date.” Court case places further limitations a grievance concerning the expira¬ The real impact of this case has on prescriptive relief, which allows tion of a limited appointment. The yet to be felt. It is important to note an employee who is challenging a department also cited an earlier Dis¬ that neither Miller nor Haynes/Sethi management decision affecting his or trict Court case, Haynes/Sethi, also in¬ involved issues of employee miscon¬ her employment to continue collect¬ volving nontenured employees, duct. In cases of alleged misconduct, ing pay and benefits pending a final which ruled that the board had no the Foreign Service Act clearly pro¬ decision. In Miller v. James A. Baker authority to grant prescriptive relief vides that employees may be granted (90-409, October 22, 1990) the court pending resolution of a grievance un¬ prescriptive relief and a pre-termina¬ held that the Foreign Service Griev¬ less the grievance concerned miscon¬ tion hearing. Thus it appears the ance Board does not have unlimited duct by the employee. The Miller decision does not affect the authority to grant prescriptive relief department also argued that if the current state of prescriptive relief for to nontenured employees. The court Foreign Service Act were interpreted career employees. However, for non¬ instead stressed the secretary of to allow the board unlimited author¬ tenured employees, the recent case State’s authority to terminate a career ity to grant prescriptive relief, the ef¬ law signals a change for the worse candidate’s limited appointment. fect would be to undermine the in its limitation of the board’s author¬ Miller joined the Foreign Service secretary’s authority to terminate lim¬ ity. To date, the case law, read in its in 1978 as a career candidate under ited appointments “at any time,” most favorable light, suggests that a five-year limited appointment. since prescriptive relief defers re¬ nontenured employees are entitled to When her term expired in 1983, she moval. prescriptive relief only when there is was granted an extended appoint¬ In Miller, the District Court found an allegation of employee miscon¬ ment for an additional five years. In the department’s argument persua¬ duct. April 1988, the department notified sive and also followed the reasoning her that she would not be granted in Haynes/Sethi, a prior District tenure and consequently would be Court decision. The court viewed this Ethics Act bans separated from the Foreign Service at issue as a conflict between two statu¬ the expiration of her limited appoint¬ tory provisions in the Foreign Service freelancing ment in June 1988. Act: 1106 (8), which gives the board Mark W. Smith Miller filed a grievance in June authority to grant prescriptive relief Legal Assistant 1988 alleging that she received inac¬ to employees in certain circum¬ In an attempt to end congres¬ curate and erroneous employee evalu¬ stances, and 611, which grants the sional honoraria, the 1989 Ethics Re¬ ation reports that adversely affected secretary the authority to terminate form Act has also circumscribed what her opportunity for tenure. After the limited appointees “at any time,” ex¬ federal employees may receive as department denied her grievance in cept in cases of misconduct. compensation for activities unrelated January 1989, she appealed to the Since the legislative authority was to government work. The act in¬ Foreign Service Grievance Board and unclear as to which provision con¬ cluded a ban, effective January 1, requested prescriptive relief pending trols, the court decided that the secre¬ 1991, preventing any federal em¬ resolution of her grievance. The tary should sway in such ployee from receiving remuneration board granted her request, but the employment decisions. Specifically, “for any speech, appearance or writ¬ department refused to comply. the court found that “because mem¬ ing.” For example, federal employees

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 65 who write theater or restaurant re¬ to employees at GS-16 and below. Pryor (D-AR), chairman of the Fed¬ views may not be paid for such Other lawsuits are pending from the eral Services subcommittee, will also work. Curiously, certain kinds of writ¬ American Civil Liberties Union be working on amendments in re¬ ing, such as novels, song lyrics, and (ACLU) and die American Federation sponse to employees’ complaints. poetiy, are exempted. of Government Employees (AFGE). Since Congress is wary of appearing The ban is facing several These suits may never be re¬ to backslide on ethics, hearings will challenges. A class action lawsuit viewed in court, though, since Con¬ most likely be held. These will push seeking to lift the pay ban for non¬ gress is re-examining the ban. Both back any changes to late spring or government activities was filed late White House and congressional offi¬ summer, unless diey become propos¬ last year by the National Treasury Em¬ cials have expressed unhappiness als attached to earlier bills. ployees Union (NTEU) and two IRS about the ban’s unintended effect, In the interim, it will be difficult tax examining assistants. One of the and last October corrective legisla¬ for employees to circumvent the ban plaintiffs writes and speaks on envi¬ tion was introduced as part of an un¬ by rewording written contracts; the ronmental issues, and the other related bill. The budget debacle statutory language and legislative his¬ serves as a minister. In the suit they prevented its consideration at that tory account for most possible ar¬ claim that the act unconstitutionally time, however, and so the Ethics Of¬ rangements. It may be possible, limits their freedom of speech. The fice of the Department of Justice though, to avoid the ban by delaying NTEU suit seeks an injunction from plans to introduce amendments in payment until corrective legislation is the District Court that would apply the current session. Senator David passed. News Briefs MEETING ON FRONT-LOADED LEASES: On December 7, 1990, AFSA met with department management and the Bureau of Finance and Management Policy (FMP) to discuss a recent change in housing reimbursement for em¬ ployees on temporary duty (TDY) at the Foreign Service Institute. FMP had denied employees full reimbursement for “front-loaded” leases (i.e. leases that showed declining rent). AFSA questioned whether FMP had the authority to deny reimbursement pending a GAO decision regarding the legitimacy of “front-loaded” leases. Employees on TDY are currently reimbursed for housing at 30-day intervals only up to the maximum per diem allowance applicable to each period. This becomes a problem during the later months of TDY, when the per diem is reduced to $23 for lodging expenses. FMP submitted a case for GAO review in order to determine the propriety of employee claims based on “front- loaded” leases. The case presented is an exceptional case with exaggerated circumstances (where the total amount claimed is based on a rent figure far out of line with the market rate) which we believe is unlike most employee claims of this nature. AFSA would like to see more typical cases reviewed by the GAO. We encourage employees who have experi¬ enced difficulty obtaining reimbursement for “front-loaded” leases should contact AFSA. Until and unless there is a ailing to the contrary, members are advised to read carefully the information handed out at FSI, which no longer suggests “front-loading” as the best way to secure adequate living quarters during training. HALE FELLOWS: Foreign Service Director General Edward J. Perkins and three retired State Department officers were recently elected fellows of the National Academy of Public Administration. Joining Perkins as new academy fellows were Bruce Laingen, former charge d’affaires in Iran and a guest scholar at the Brookings Institution; Sam¬ uel Lewis, former ambassador to Israel and president of the U.S. Institute of Peace; and Ronald Spiers, former under secretary for management and current under secretary general of the United Nations. The academy is charged with improving government effectiveness. Four of the 12 fellows elected were Foreign Service officers.

BOOKFAIR RESULTS SPEAK VOLUMES: Congratulations to AAFSW BOOK FAIR Chair, Joan McGinley for an out¬

standing BOOKFAIR 90. The AFSA Scholarship Program is a primary beneficiary of BOOKFAIR, receiving half of proceeds

used to fund AFSA/AAFSW scholarships. During 1990, the proceeds from AAFSW BOOKFAIR accounted for 54 percent of

AFSA Scholarship Programs funds raised. Every year, AAFSW BOOKFAIR selects an outstanding person in whose honor

a scholarship is designated. Ingeborg Lueders, this year’s honoree, has been a devoted BOOKFAIR volunteer for many years. Lueders has had a distinguished career as a Foreign Service officer, serving in Vienna, Oslo, Munich, Bogota, Guatemala, Damascus, and Islamabad. NEW SECONDARY SCHOLARSHIP: Foxcroft School recently announced a partial scholarship for a qualifying daughter of a Foreign Service officer. Additional financial aid is available based on need. Foxcroft School is located in Middleburg, Virginia with students from 25 states and 13 countries who attend as full and five-day boarders or day students. Application deadline is May 1, 1991. For further information, contact Rebecca B. Gilmore, Director of admissions, Foxcroft School, Middleburg, VA 22117. 703/687-5555.

66 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 STATE STANDING COMMITTEE

tained or at least monitored in of waivers for seivice in the U.S. Reforms Washington, security clearances beyond five years and to permit favor would be sustained through appeals of retention in the Medi¬ transfers from one overseas as¬ cal Complement after the em¬ families signment to another, and up¬ ployee believes he/she has ward mobility through a series recovered. of increasingly demanding PIT Richard Milton experiences might lead to hill- State Vice President time career employment. The • PIT stop. Foreign Service family State Standing Committee ex¬ members stand to benefit from pects soon to receive a second two new initiatives—one already draft from the department and Fond farewells in place and the other well will review it carefully. AFSA has regretfully bid good¬ along in the clearance gauntlet. Assignment Regulations. At bye to Member Services Represen¬ State announced November 30th year’s end AFSA had almost tative Amy MacEachin and that those employed in PIT/AFM posi¬ wrapped up negotiations on a Conference Coordinator Brian tions overseas who have accumu¬ complete re-write of 3 FAM 140, Hennessey. lated 12 months of service (even if the section of our regulations on Amy had been with AFSA part-time and non-consecutively) assignments. Progress was made since early 1989 and worked 18 may now apply for non-competitive on a number of fronts, not the months with Member Services. In Civil Seivice openings when they re¬ least of which was improvement addition to providing counseling turn to the United States. The icing in the clarity of the writing. to innumerable grievants, Amy be¬ on the cake is retroactivity, making Changes made included limita¬ came an authority on a wide employees eligible until January 1, tions on reassignments at post to range of bread-and-butter issues 1994 if they have had 12 months’ ac¬ protect the integrity of the open affecting members overseas. cumulated experiencebut fallen short assignments system, a more pre¬ In his 18-month tenure at of the previously required 18 cise definition of the circum¬ AFSA, Brian pioneered an ambi¬ months. AFSA welcomes this recogni¬ stances in which a Civil Service tious program of bimonthly con¬ tion of one of the special needs of employee might fill a Foreign ferences on foreign affairs. He the Foreign Service. Service position, and the assump¬ was also instrumental in expand¬ • All in the family. AFSA met tion of more responsibility by ing AFSA’s outreach to the busi¬ with State management Novem¬ Personnel for finding work for ness community, in an effort to ber 19 for a preliminary discus¬ an employee in the medical com¬ increase Foreign Service links sion of a proposed American plement who has been certified with the private sector. Family Member Associates Pro¬ as capable of part-time employ¬ Amy is studying for her gram (AFMAP). The AFMAP ment during recovery, so as to master's degree in education, and would impose upon existing PIT minimize the amount of sick Brian has left for a year-long bicy¬ employment around the world a leave used. We hope to secure cle tour of Africa. We wish them structure for “career” progres¬ agreement on procedures to en¬ well in the year ahead. sion. Personnel files would main¬ sure consistency in the granting

Calendar

February 15: Deadline for AFSA scholarship applications March 8: AFSA conference on “State and Local Government Involvement in International Affairs’ April 3-4: AFSA conference on “Business Opportunities with Mexico” May 3: Foreign Service Day June 13: AFSA conference on the health industry

FEBRUARY 1991 • FOREIGN SERVICE JOURNAL • 67 Triumphant return Secretary of State James Baker talks with returning Ambassador to Kuwait Nat Howell and his wifi, Margie, at Andrews Air Force Base.

Ambassador to Iraq April Glaspie (foreground) greets Barbara Bodine, deputy chief of mission in Kuwait. National security in a changing world Richard S. Thompson ceeds. Chaos in the Soviet Union egy,” Carlucci said. He said he was Professional Issues Coordinator could put the safe control of nuclear deeply troubled by a neo-isolationist Former Secretary of Defense missiles in question. Other areas that trend in the United States, paradoxi¬ Frank Carlucci told a Foreign Service present challenges to U.S. national se¬ cally embraced by the extremes of Club luncheon audience December curity are the Middle East; Eastern Eu¬ both left and right, which exagger¬ 10 that the State Department and Na¬ rope, where the flames of freedom ates our relative decline. Although tional Security Council should lead a are in some respects burning out of trade is important, “Let’s not sacrifice systematic review of U.S. interests control, and Latin America and Af¬ our strategic interests on the altar of and priorities around the world, and rica, where political instability re¬ trade.” then develop a political, military, and mains a problem. On the Gulf crisis, Carlucci reiter¬ economic strategy to further those in¬ Carlucci suggested that putting to¬ ated three principles put forward by terests. Former Foreign Service offi¬ gether a national security strategy for a bipartisan group he is co-chairing: cer Carlucci was speaking as part of this kind of multiple threat is diffi¬ no benefits for the aggressor; any so¬ AFSA’s “New Diplomacy for a New cult, and the United States must be lution must deal with Iraq’s weapons Era” series. cautious. For example, six months of mass destruction; and the best Carlucci noted that the Iraq con¬ ago everyone talked of lighter, more way to deal with the situation is flict was a reminder that a multipolar mobile U.S. forces; now the Iraq through a combination of isolation, world need not be safer than a bipo¬ threat demands heavy tanks in Saudi economic sanctions, and a credible lar one. Although nuclear Arabia. Instead of developing weap¬ threat of military force. In a question- Armageddon is less likely, new and ons in a vacuum, the United States and-answer period, Carlucci said that resurgent regional disputes are funda¬ should undertake a systematic re¬ he was beginning to see merit in the mentally more difficult to cope with. view-led by the State Department administration view that collective se¬ Traditional rules, such as diplomatic and the NSC-of our interests and pri¬ curity might require the use of immunity and bans on certain kinds orities around the world then blue¬ armed force in Kuwait. He cau¬ of weapons, are in question. print a political, military, and tioned, however, that war would The worldwide quest for freedom economic strategy. After the mission, leave a bad legacy with the Arabs is bound to continue, however, Car¬ doctrine, and tactics of the U.S. mili¬ and would likely result in an Arab-Is- lucci said, impelled in large measure tary have been laid out, the proper raeli confrontation. by developments in telecommunica¬ weapons systems can be devised. With regard to the military op¬ tions. Nations will be more inter¬ Turning to the organization of the tions, Carlucci stressed the import¬ dependent and multilateral government, Carlucci noted that the ance of destroying Iraqi missiles as negotiations will play a greater role. secretary of State should have a early as possible, and the impossibil¬ Reviewing trouble spots, Carlucci stronger role, within the constraints ity of guaranteeing victoiy without a asserted that the Soviet Union re¬ of America’s constituency-based sys¬ land assault along with massive use mains a danger to the United States tem of government. Whatever the or¬ of U.S. air power. as long as its military capability is ganization may be, “It is more A more complete report on this not substantially reduced and mod¬ important than ever to integrate our event is available from AFSA. Contact ernization of strategic missiles pro¬ political, economic and military strat¬ Dick Thompson at 338-4045-

68 • FOREIGN SERVICE JOURNAL • FEBRUARY 1991 The Mona Lisa would he

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