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ment described in section 2102(a) or 2103(a) and who is not converted under section 2102 or section 2103 because such individual does not meet the conditions specified in section 2102(b) or 2103(d), the Secretary shall, not later than 3 years after the effective date of this Act, provide that,
(1) the position such individual holds shall be subject to chapter 51 and subchapter III of chapter 53 of title 5, United States Code;
(2) such individual shall be appointed to such position without competitive examination; and
(3) such position shall be considered to be in the competitive service so long as the individual continues to hold that posi
tion; except that any such individual who meets the eligibility requirements for the Senior Executive Service and who elects to join that Service shall be converted by the Secretary to the Senior Executive Service in the appropriate rate of basic pay established under section 5382 of title 5, United States Code.
(b) In the case of individuals in the Foreign Service in the United States Information Agency 334 who immediately before the date of enactment of this Act are covered by a collective bargaining agreement between the Agency and the exclusive representative of those individuals, the 3-year period referred to in subsection (a) shall begin on July 1, 1981.
(c) 335 The three-year period referred to in subsection (a) shall be extended for an additional period not to exceed one year from the date of enactment of this section in the case of Department of State security officers who are members of the Service and who were initially ineligible for conversion under that subsection because they were available for worldwide assignment and there was a need for their services in the Service, but as to whom subsequent events require the services of these members (and of those later employed who are similarly situated) only or primarily for domestic functions.
SEC. 2105.336 CONVERSION OF CERTAIN POSITIONS IN THE DEPARTMENT OF AGRICULTURE.-(a) Not later than 15 days after the effective date of this Act, the Secretary of Agriculture shall
(1) designate and classify under section 501 of this Act those positions in the Foreign Agricultural Service under the General Schedule described in section 5332 of title 5, United States Code, which the Secretary of Agriculture determines are to be occupied by career members of the Foreign Service, and
(2) provide written notice to individuals holding those positions of such designation and classification of the personnel category under section 103 which will apply to such individual. (b) Each employee serving in a position at the time it is designated under subsection (a) shall, not later than 120 days after notice of such designation, elect
334 "United States Information Agency" was substituted for “International Communication Agency" pursuant to sec. 303(6) of Public Law 97–241 (96 Stat. 291; 22 U.S.C. 1461 note), which provided that: “Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the International Communication Agency or the Director or other oficial of the Intemational Communication Agency shall be deemed to refer respectively to the United States Information Agency or the Director or other official of the United States Information Agency, as so redesignated by subsection (a).".
336 Sec. 132 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98–164; 97 Stat. 1028) added subsec. (c).
336 22 U.S.C. 4155.
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(1) to accept conversion to the Foreign Service, in which case such employee shall be converted in accordance with the provisions of subsection (c); or
(2) to decline conversion to the Foreign Service and have the provisions of subsection (d) apply. (c)(1) The Secretary of Agriculture shall recommend to the Presi. dent for appointment to the appropriate class (as determined under paragraph (2)), by and with the advice and consent of the Senate, those employees who elect conversion under subsection (a)(1).
(2) The Secretary of Agriculture shall appoint as Foreign Service personnel those employees who elect to accept conversion and who are not eligible for appointment under paragraph (1). (d) Any employee who declines conversion under subsection (
bX2) shall for so long as that employee continues to hold the designated position be deemed to be a member of the Foreign Service for purposes of allowances, differentials, and similar benefits (as determined by the Secretary of Agriculture).
SEC. 2106.337 PRESERVATION OF STATUS AND BENEFITS.(aX1) Every individual who is converted under this chapter shall be converted to the class or grade and pay rate that most closely corresponds to the class or grade and step at which the individual was serving immediately before conversion. No conversion under this chapter shall cause any individual to incur a reduction in his or her class, grade, or basic rate of salary.
(2) An individual converted under section 2104 to a position in the competitive service shall be entitled to have that position, or any other position to which the individual is subsequently assigned (other than at the request of the individual), be considered for all purposes as at the grade which corresponds to the class in which the individual served immediately before conversion so long as the individual continues to hold that position.
(b)(1) Any participant in the Foreign Service Retirement and Disability System who would, but for this paragraph, participate in the Civil Service Retirement and Disability System by virtue of conversion under this chapter shall remain a participant in the Foreign Service Retirement and Disability System for 120 days after participation in the Foreign Service Retirement and Disability System would otherwise cease. During such 120-day period, the individual may elect in writing to continue to participate in the Foreign Service Retirement and Disability System instead of the Civil Service Retirement and Disability System so long as he or she is employed in an agency which is authorized to utilize the Foreign Service personnel system. If such an election is not made, the individual shall then be covered by the Civil Service Retirement and Disability System and contributions made by the participant to the Foreign Service Retirement and Disability Fund shall be transferred to the Civil Service Retirement and Disability Fund.
(2) Any Foreign Service Reserve officer with limited tenure who has reemployment rights to a personnel category in the Foreign
337 22 U.S.C. 4156
Service in which he or she would be a participant in the Foreign Service Retirement and Disability System and who would, but for this paragraph, continue to participate in the Civil Service Retirement and Disability System by virtue of conversion under section 2104 may elect, during the 120-day period beginning on the date of such conversion, to become a participant in the Foreign Service Retirement and Disability System so long as he or she is employed in an agency which is authorized to utilize the Foreign Service personnel system. If such an election is made, the individual shall be transferred to the Foreign Service Retirement and Disability System and contributions made by that individual to the Civil Service Retirement and Disability Fund shall be transferred to the Foreign Service Retirement and Disability Fund.
(c) Individuals who are converted under this chapter shall be converted to the type of appointment which corresponds most closely in tenure to the type of appointment under which they were serving immediately prior to such conversion, except that this chapter shall not operate to extend the duration of any limited appointment or previously applicable time in class.
(d) Any individual who on the effective date of this Act is serving
(1) under an appointment in the Foreign Service, or
(2) in any other office or position continued by this Act, may continue to serve under such appointment, subject to the provisions of this Act, and need not be reappointed by virtue of the enactment of this Act. (e) Any individual in the Foreign Service
(1) who is serving under a career appointment on the date of enactment of this Act, and
(2) who was not subject to section 633(a)(2) of the Foreign Service Act of 1946 immediately before the effective date of
this Act, may not be retired under section 608 of this Act until 10 years after the effective date of this Act or when such individual first becomes eligible for an immediate annuity under chapter 8 of title I of this Act, whichever occurs first.
SEC. 2107.338 REGULATIONS.—Under the direction of the President, the Secretary shall prescribe regulations for the implementation of this chapter.
SEC. 2108.339 AUTHORITY OF OTHER AGENCIES.-The heads of agencies other than the Department of State which utilize the Foreign Service personnel system shall perform functions under this chapter in accordance with regulations prescribed by the Secretary of State under section 2107. Such agency heads shall consult with the Secretary of State in the exercise of such functions.
SEC. 2109.340 SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES.—a) Any participant or former participant in the Foreign Service Retirement and Disability System who on February 15, 1981, has a former spouse may, by a spousal agreement, elect to
338 22 U.S.C. 4157. 33922 U.S.C. 4158. 340 22 U.S.C. 4159.
receive a reduced annuity and provide a survivor annuity for such former spouse under section 814(b).
(b)(1) 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 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(b)(1).
(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 (b)(2). (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. 2201.341 BASIC AUTHORITIES OF THE DEPARTMENT OF STATE. — * * *
SEC. 2202.342 PEACE CORPS ACT.-* * *
SEC. 2207.345 MODEL FOREIGN LANGUAGE COMPETENCE POSTS.(a) In order to carry out the purposes of section 702 and to help ascertain the relationship between foreign language competence and the effectiveness of representation of the United States abroad, the Secretary 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 of competence in the language common to the country where the post is located. The Secretary of State shall determine appropriate levels of language competence for employees assigned to those posts by reference to the nature of their functions and the standards employed by the Foreign Service Institute.
341 Sec. 2201 consisted of amendments to the State Department Basic Authorities Act of 1956. La Sec. 2202 consisted of amendments to the Peace Corps Act. 343 Ser. 2203 consisted of amendments to the Foreign Assistance Act of 1961. 344 Sec. 2204 consisted of amendments to the Arms Control and Disarmament Act.
348 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 Slal. 46), relating to foreign language competence within the Foreign Service
(b) The posts designated under subsection (a) shall continue as model foreign language competence posts at least until September 30, 1985. The Secretary of State shall submit no later than January 31, 1986, a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate describing the operation of such posts and the costs, advantages and disadvantages associated with meeting the foreign language competence requirements of this section.
(c) 346 The Secretary of State may authorize exceptions to the requirements of this section if he determines that unanticipated exigencies so require.
CHAPTER 3—AMENDMENTS TO TITLE 5, UNITED STATES CODE
CHAPTER 4_SAVING PROVISIONS, CONGRESSIONAL OVERSIGHT, AND
EFFECTIVE DATE SEC. 2401.347 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 repealed by this Act, with respect to any individual who became entitled to such benefit prior to the effective date of this Act.
(c) References in law to provisions of the Foreign Service Act of 1946 or other law superseded by this Act shall be deemed to include reference to the corresponding provisions of this Act.
SEC. 2402.348 CONGRESSIONAL OVERSIGHT OF IMPLEMENTATION.(a) 349 * * * (Repealed-1987)
318 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.
119 Sec. 2402(a) and (b) were repealed by sec. 1854cX2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Slat. 1366). Subsec. (a) required the Secretary of State to submit a report to the Congress by February 1, 1982, describing the implementation of the Foreign Service Act during the fiscal year 1981. Subsec. (b) required the Secretary of State to submit thereaser an annual report.