22 U.S.C. § 4172 — Savings provisions

Page 1558 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4172 (b) Continuation; report to Congress concerning operation of posts and advantages of meeting competency requirements The posts designated under subsection (a) shall continue as model foreign language com- petence 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 Com- mittee on Foreign Relations of the Senate de- scribing the operation of such posts and the costs, advantages and disadvantages associated with meeting the foreign language competence requirements of this section. (c) Exceptions; report to Congress The Secretary of State may authorize excep- tions to the requirements of this section if he determines that unanticipated exigencies so re- quire. (Pub. L. 96–465, title II, § 2207, Oct. 17, 1980, 94 Stat. 2163; Pub. L. 103–236, title I, § 139(7), (25), Apr. 30, 1994, 108 Stat. 398, 399; Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–132 substituted ‘‘George P. Shultz National Foreign Affairs Training Center’’ for ‘‘Foreign Service Institute’’. 1994—Subsec. (c). Pub. L. 103–236, § 139(7), (25), amend- ed subsec. (c) identically, striking out at end ‘‘Such ex- ceptions shall be annually reported to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.’’ Statutory Notes and Related Subsidiaries EXPANSION OF MODEL FOREIGN LANGUAGE COMPETENCE POSTS Pub. L. 101–246, title I, § 161, Feb. 16, 1990, 104 Stat. 46, as amended by Pub. L. 101–302, title III, § 320(b)(3), May 25, 1990, 104 Stat. 247; Pub. L. 105–277, div. G, subdiv. A, title XXII, § 2219(a)(1), Oct. 21, 1998, 112 Stat. 2681–817; Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412, pro- vided that: ‘‘(a) DESIGNATION OF POSTS.—In order to carry out the purposes of section 702 of the Foreign Service Act of 1980 [22 U.S.C. 4022], and in light of the positive report issued on March 28, 1986, by the Department of State, as required by section 2207 of the Foreign Service Act of 1980 [22 U.S.C. 4171], the Secretary of State shall des- ignate as model foreign language competence posts a minimum of six Foreign Service posts, representing the Department of State’s five geographic bureaus, in countries where English is not the common language. Such designation shall be made not later than 120 days after the date of enactment of this Act [Feb. 16, 1990], and shall be implemented so that not later than Octo- ber 1, 1991, in the case of non-hard language posts, and October 1, 1992, in the case of hard language posts, 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 ap- propriate levels of language competence for employees assigned to those posts by reference to the nature of their functions and the standards employed by the George P. Shultz National Foreign Affairs Training Center. ‘‘(b) ‘HARD LANGUAGE COUNTRY’ POST TO BE DES- IGNATED.—At least one of the posts designated under subsection (a) shall be in a ‘hard language’ country, as identified in the report to the Under Secretary of State for Management of May 12, 1986, entitled ‘Hard Lan- guage Proficiency in the Foreign Service’. Such post shall be in one of the countries where the official or principal language is Arabic, Chinese, Japanese, or Russian. ‘‘(c) TERMINATION DATE.—The posts designated under subsection (a) shall continue as model foreign language posts at least until September 30, 1993, in the case of non-hard language posts, and September 30, 1994, in the case of hard language posts. ‘‘(d) EXEMPTION AUTHORITY.—The Secretary of State may authorize exceptions to the requirements of this section if— ‘‘(1) he determines that unanticipated exigencies so require; and ‘‘(2) he immediately reports such exceptions to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ‘‘(e) EXCLUDED POSTS.—The posts designated under subsection (a) may not include Dakar, Senegal, or Mon- tevideo, Uruguay. The report required under subsection (c) shall include progress made in these posts in main- taining the high foreign language standards achieved under the initial pilot program. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be nec- essary to carry out this section.’’ § 4172. Savings provisions (a) Determinations, authorizations, etc., under authority of Foreign Service Act of 1946 and grievances, claims, or appeals filed and pend- ing on effective date of this chapter All determinations, authorizations, regula- tions, orders, agreements, exclusive recognition of an organization or other actions made, issued, undertaken, entered into, or taken under the au- thority of the Foreign Service Act of 1946 or any other law repealed, modified, or affected by this chapter shall continue in full force and effect until modified, revoked, or superseded by appro- priate authority. Any grievances, claims, or ap- peals which were filed or made under any such law and are pending resolution on February 15, 1981, shall continue to be governed by the provi- sions repealed, modified, or affected by this chapter. (b) Increase in annuity or other right to benefits This chapter shall not affect any increase in annuity or other right to benefits, which was provided by any provision amended or repealed by this chapter, with respect to any individual who became entitled to such benefit prior to February 15, 1981. (c) Cross references References in law to provisions of the Foreign Service Act of 1946 or other law superseded by this chapter shall be deemed to include ref- erence to the corresponding provisions of this chapter. (Pub. L. 96–465, title II, § 2401, Oct. 17, 1980, 94 Stat. 2168.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1946, referred to in sub- secs. (a) and (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, which was classified principally to chap- ter 14 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159. Page 1559 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4193 1 See References in Text note below. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 1980, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. CODIFICATION In subsecs. (a) and (b), ‘‘February 15, 1981’’ sub- stituted for ‘‘the effective date of this Act’’ pursuant to section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. § 4173. Congressional oversight of implementa- tion (a), (b) Repealed. Pub. L. 100–204, title I, § 185(c)(2), Dec. 22, 1987, 101 Stat. 1366 (c) Consultation with agency representatives The Secretary shall consult, in accordance with the procedures set out in section 4113(g) of this title, with the exclusive representative (if any) of members of the Foreign Service in each agency specified in section 4103(a) of this title with respect to steps to be taken in imple- menting this chapter and reported under section 4001(c)(4) 1 of this title. To that end, each such exclusive representative will have timely access to all relevant 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. (Pub. L. 96–465, title II, § 2402, Oct. 17, 1980, 94 Stat. 2168; Pub. L. 100–204, title I, § 185(c)(2), Dec. 22, 1987, 101 Stat. 1366.) Editorial Notes REFERENCES IN TEXT Section 4001(c)(4) of this title, referred to in subsec. (c), was repealed by Pub. L. 114–323, title VII, § 715(b)(5), Dec. 16, 2016, 130 Stat. 1946. AMENDMENTS 1987—Subsecs. (a), (b). Pub. L. 100–204 struck out sub- sec. (a) which related to report by Secretary of State and its contents and subsec. (b) which related to annual supplemental report and its contents. Subsec. (c). Pub. L. 100–204 substituted ‘‘under section 4001(c)(4) of this title’’ for ‘‘under this section’’. SUBCHAPTER XIV—POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS GENERALLY Editorial Notes CODIFICATION Subchapter was not enacted as a part of the Foreign Service Act of 1980 which comprises this chapter. § 4191. General application of provisions to con- sular officers The various provisions of title 18 of the Re- vised Statutes which are expressed in terms of general application to any particular classes of consular officers, shall be deemed to apply as well to all other classes of such officers and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regu- lations as the Secretary may prescribe, so far as may be consistent with the subject matter of the same and with the treaties of the United States. (R.S. § 1689; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2222(b), Oct. 21, 1998, 112 Stat. 2681–818.) Editorial Notes REFERENCES IN TEXT Title 18 of the Revised Statutes, referred to in text, was in the original ‘‘this Title’’, meaning title 18 of the Revised Statutes, consisting of R.S. §§ 1674 to 1752, and insofar as classified to the Code, is classified to sec- tions 4191, 4193 to 4197, 4200, 4202, 4204, 4205, 4207 to 4214, and 4216 to 4221 of this title. For complete classification of R.S. §§ 1674 to 1752 to the Code, see Tables. CODIFICATION R.S. § 1689 derived from act Aug. 18, 1856, ch. 127, § 31, 11 Stat. 64. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1171 of this title, and prior thereto to section 53 of this title. AMENDMENTS 1998—Pub. L. 105–277 inserted ‘‘and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may pre- scribe’’ after ‘‘such officers’’. § 4192. Repealed. Pub. L. 101–246, title I, § 123, Feb. 16, 1990, 104 Stat. 27 Section, R.S. § 4082, related to solemnization of mar- riages by consular officers of the United States in a for- eign country. Editorial Notes CODIFICATION Pub. L. 101–246, § 123, which directed the repeal of sec- tion 31 of the Act of June 22, 1860 (12 Stat. 79; 22 U.S.C. 4192), was executed as though repealing section 4082 of the Revised Statutes, which is classified to this sec- tion, to reflect the probable intent of Congress. Section 31 of the Act of June 22, 1860, was restated in section 4082 of the Revised Statutes and repealed by section 5596 of the Revised Statutes. § 4193. Protests Consuls and vice consuls shall have the right, in the ports or places to which they are sever- ally appointed, of receiving the protests or dec- larations which captains, masters, crews, pas- sengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal in- terest of any citizen of the United States. (R.S. § 1707; June 25, 1948, ch. 646, § 39, 62 Stat. 992.) Editorial Notes CODIFICATION R.S. § 1707 derived from act Apr. 14, 1792, ch. 24, § 2, 1 Stat. 255.