Page images
PDF
EPUB
[ocr errors]

emen:

FOR

[ocr errors]

ENUNC

ice la

[ocr errors]

the

eign Service personnel system shall perform functions under this 25 he ra

chapter in accordance with regulations prescribed by the Secretary

of State under section 2107. Such agency heads shall consult with le to the Secretary of State in the exercise of such functions.

Sec. 2109.337 SURVIVOR BENEFITS CERTAIN FORMER papie SPOUSES.—a) Any participant or former participant in the Foreign bem Service Retirement and Disability System who on February 15, d

1981, has a former spouse may, by a spousal agreement, elect to re

ceive a reduced annuity and provide a survivor annuity for such je Fire

former spouse under section 814(b).

(bX1) If the participant or former participant has not retired under such system on or before February 15, 1981, an election under this section may be made at any time before retirement.

(2) If the participant or former participant has retired under hele

such system on or before February 15, 1981, an election under this section may be made within such period after February 15, 1981, as the Secretary of State may prescribe.

(3) For purposes of applying chapter 8 of title I, any such election shall be treated the same as if it were a spousal agreement under section 820(bX1). (C) An election under this section may provide for a survivor benefit based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for survivor benefits for a spouse or any other former spouse of the participant

. The participant and his or her spouse may make an election under section 806(b)(1)(B) prior to the time of retirement for the purpose of allowing an election to be made under this section.

(d) The amount of the reduction in the participant's annuity shall be determined in accordance with section 806(b)(2). Such reduction shall be effective as of

(1) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1), or

(2) February 15, 1981, in the case of an election under subsection (bX2). (e) For purposes of this section, the terms “former spouse", "participant", and "spousal agreement” have the meanings given such terms in sections 803 and 804. CHAPTER 2-PROVISIONS RELATING TO FOREIGN AFFAIRS AGENCIES SEC. 2201.338 BASIC AUTHORITIES OF THE DEPARTMENT OF STATE.

[ocr errors]
[ocr errors]

Sec. 2202.339 PEACE CORPS ACT._* * *
Sec. 2203.340 FOREIGN ASSISTANCE ACT.-*
Sec. 2204.341 ARMS CONTROL AND DISARMAMENT ACT._*
Sec. 2205. REPEALED PROVISIONS.
Sec. 2206. OTHER CONFORMING AMENDMENTS.-

[ocr errors]

337 22 U.S.C. 4159.

138 Sec. 2201 consisted of amendments to the State Department Basic Authorities Act of 1956. *** Sec. 2202 consisted of amendments to the Peace Corps Act. 340 Sec. 2203 consisted of amendments to the Foreign Assistance Act of 1961. "I Sec. 2204 consisted of amendments to the Arms Control and Disarmament Act.

*** Beper

EN CONG

' Bepes

Secretary

Sec. 2207 FOREIGN SERVICE ACT OF 1980 (P.L. 96-465)

624

this Act, Sec. 2207.342 MODEL FOREIGN LANGUAGE COMPETENCE Posts.—a)

asuh benef In order to carry out the purposes of section 702 and to help ascer

rences in la tain the relationship between foreign language competence and the

law su effectiveness of representation of the United States abroad, the Sec

auce to the retary of State shall designate as model foreign language competence posts at least two Foreign Service posts in countries where English is not the common language. Such designation shall be made no later than October 1, 1981, and shall be implemented so that no later than October 1, 1983, each Government employee permanently assigned to those posts shall possess an appropriate level ist in sect of competence in the language common to the country where the members post is located. The Secretary of State shall determine appropriate levels of language competence for employees assigned to those st reporte posts by reference to the nature of their functions and the stand-taire repr ards employed by the Foreign Service Institute.

(b) The posts designated under subsection (a) shall continue as in such model foreign language competence posts at least until September and th 30, 1985. The Secretary of State shall submit no later than January 14 Ex 31, 1986, a report to the Speaker of the House of Representatives all take and the Committee on Foreign Relations of the Senate describing simpel act the operation of such posts and the costs, advantages and disadvants Act or tages associated with meeting the foreign language competence real pole as quirements of this section.

(c) 343 The Secretary of State may authorize exceptions to the re quirements of this section if he determines that unanticipated ex withion 81 igencies so require.

CHAPTER 3_AMENDMENTS TO TITLE 5, UNITED STATES CODE

mitation at

[ocr errors]

e Foreign

stance A

[ocr errors][merged small]
[ocr errors]
[ocr errors][merged small]

CHAPTER 4-SAVING PROVISIONS, CONGRESSIONAL OVERSIGHT, AND

EFFECTIVE DATE SEC. 2401.344 SAVING PROVISIONS.(a) All determinations, authorizations, regulations, orders, agreements, exclusive recognition of an organization or other actions made, issued, undertaken, entered into or taken under the authority of the Foreign Service Act of 1946 or any other law repealed, modified, or affected by this Act shall continue in full force and effect until modified, revoked, or superseded by appropriate authority. Any grievances, claims, or appeals which were filed or made under any such law and are pending resolution on the effective date of this Act shall continue to be governed by the provisions repealed, modified, or affected by this Act.

(b) This Act shall not affect any increase in annuity or other right to benefits, which was provided by any provision amended or

342 22 U.S.C. 4171. See also sec. 161 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 46), relating to foreign language competence within the Foreign Service, page 261.

343 Sec. 139(7) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 108 Stat. 398) struck out a second sentence in this subsec., which had required
Such exceptions shall be annually reported to the Speaker of the House of Representatives and
the Committee on Foreign Relations of the Senate.”.
Sec. 139(25) of the that Act made an identical amendment.
344 22 U.S.C. 4172.

[ocr errors]

(a) 346 * * *

mento

[ocr errors]

repealed by this Act, with respect to any individual who became

entitled to such benefit prior to the effective date of this Act. help a

(c) References in law to provisions of the Foreign Service Act of e are 1946 or other law superseded by this Act shall be deemed to in

clude reference to the corresponding provisions of this Act.
Sec. 2402.345 CONGRESSIONAL OVERSIGHT OF IMPLEMENTATION.-

* [Repealed-1987)
6) 346 * * * Repealed-1987]

(C) The Secretary shall consult, in accordance with the proceDoza dures set out in section 1013(g), with the exclusive representative male (if any) of members of the Foreign Service in each agency specified

in section 1003(a) with respect to steps to be taken in implementing this Act and reported under section 601(c)(4).347 To that end, each

such exclusive representative will have timely access to all releche su

vant information at each stage. Each such report shall include the views of each such exclusive representative on any and all aspects of the report and the information contained in such report.

Sec. 2203.348 EFFECTIVE DATE.—(a) Except as otherwise provided, this Act shall take effect on February 15, 1981.

(b) Personnel actions may be taken on and after the effective date of this Act on the basis of any then current Foreign Service evaluation cycle as if this Act had been in effect at the beginning of that cycle.

(C) 348* * * [Repealed-1985) (dx1) Section 812 of this Act, and the repeal of sections 631 and 632 of the Foreign Service Act of 1946 and section 625(k) of the Foreign Assistance Act of 1961, shall be effective as of the date of enactment of this Act. (2) For purposes of implementing section 2101, sections 402(a) and 403 shall be effective as of the date of enactment of this Act.

(eX1) The provisions of chapter 8 of title I regarding the rights of former spouses to any annuity under section 814(a) shall apply in the case of any individual who after the effective date of this Act becomes a former spouse of an individual who separates from the Service after such date.

(2) Except to the extent provided in section 2109, the provisions

of such chapter regarding the rights of former spouses to receive is a survivor annuities under chapter 8 shall apply in the case of any

individual who after the effective date of this Act becomes a former

[ocr errors]
[ocr errors]

o the

ODE

[ocr errors]
[ocr errors]
[ocr errors]

343 22 U.S.C. 4173.

tion".

***

Sec. 2402(a) and (b) were repealed by sec. 185(c)2) of the Foreign Relations Authorization Act

, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1366). Subsec. (a) required the Secretary of State to submit a report to the Congress by February 1, 1982, describing the imple. mentation of the Foreign Service Act during the fiscal year 1981. Subsec. (b) required the Secre tary of State to submit

thereafter an annual report. $17 Sec. 185(02) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 Public Law 100-204; 101 Stat. 1366) substituted the words "section 601(c)(4)” in lieu of "this sec148 22 U.S.C. 3901 note. Section 2403(c) was repealed effective October 1, 1985 by sec. 119(b) Public Law 99-93 (99 Stat. 405).

The repealed provision read as follows: "C) Appointments to the Senior Foreign Service by the Secretary of Commerce shall be excluded in the calculation and application of the limitation in section 305(b) until October 1, 1985. Prior to that date, the number of members serving in the Senior Foreign Service under limited appointments by the Secretary of Commerce

may not exceed 10 at any one time (excluding individuals with reemployment rights under section 310 as career appointees in the Senior Execu b. Postal Services at Diplomatic Posts Section 413 of title 39, United States Code, as added by Public Law 101-524 (Deceptive Mailings Prevention Act of 1990; H.R. 2331), 104 Stat. 2301 at 2303, approved November 6, 1990 $ 413. Postal services at diplomatic posts

tive Service).".

(a) The Postal Service and the Department of State may enter into 1 or more agreements for field testing to ascertain the feasibility of providing postal services through personnel provided by the Department of State at branch post offices established by the Postal Service in United States diplomatic missions at locations abroad for which branch post offices are not established under section 406.

(b) To the extent that the Postal Service and the Department of State conclude it to be feasible and in the public interest, the Postal Service may establish branch post offices at United States diplomatic missions in locations abroad for which branch post offices are not established under section 406, and the Department of State may enter into an agreement with the Postal Service to perform postal services at such branch post offices through personnel designated by the Department of State.

(C) The Department of State shall reimburse the Postal Service for any amounts, determined by the Postal Service, equal to the additional costs incurred by the Postal Service, including transportation costs, incurred by the Postal Service in the performance of its obligations under any agreement entered into under this section.

(d) Each agreement entered into under this section shall include

(1) provisions under which the Department of State shall make any reimbursements required under subsection (c);

(2) provisions authorizing the Postal Service to terminate the agreement, and the services provided thereunder, in the event that the Department of State does not comply with the provisions under paragraph (1); and

(3) any other provisions which may be necessary, including provisions relating to the closing of a post office under this section if necessary because a post office under section 406 is established in the same location.

[ocr errors]
« PreviousContinue »