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22 U.S.C. § 4153 — Conversion to Senior Foreign Service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria; application less than 120 days after effective date of Foreign Service Act of 1980** Foreign Service officers and Foreign Service Reserve officers with limited or unlimited tenure who, immediately before February 15, 1981, are serving under appointments at class 2 or a higher class of the schedule established under section 412 or 414 of the Foreign Service Act of 1946 may at any time within 120 days after such date submit to the Secretary a written request for appointment to the Senior Foreign Service.
**(b) Limited appointment** Except as provided in subsection (d), if a request is submitted under subsection (a) by a Foreign Service Reserve officer with limited tenure, the Secretary shall grant to such officer a limited appointment to the Senior Foreign Service in the appropriate class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim).
**(c) Career appointment** If a request is submitted under subsection (a) by a Foreign Service officer or, except as provided in subsection (d), a Foreign Service Reserve officer with unlimited tenure, the Secretary shall recommend to the President a career appointment of such officer, by and with the advice and consent of the Senate, to the Senior Foreign Service in the appropriate class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim).
**(d) Availability for worldwide assignment** If the Secretary determines that a Foreign Service Reserve officer with limited or unlimited tenure who submits a request under subsection (a) is not available for worldwide assignment, an appointment under subsection (b) or a recommendation f
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Stable record: federal_law:legal_authorities:record_usc_9231f1be67514d3bf486d80b
Source file: Laws/federal/codes/united-states-code/title-22/section-4153-conversion-to-senior-foreign-service--d3a20106d2.md
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Source location: Title 22, Chapter 52, § 4153; chapter-052-foreign-service.md
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**(a) Criteria; application less than 120 days after effective date of Foreign Service Act of 1980** Foreign Service officers and Foreign Service Reserve officers with limited or unlimited tenure who, immediately before February 15, 1981, are serving under appointments at class 2 or a higher class of the schedule established under section 412 or 414 of the Foreign Service Act of 1946 may at any time within 120 days after such date submit to the Secretary a written request for appointment to the Senior Foreign Service.
**(b) Limited appointment** Except as provided in subsection (d), if a request is submitted under subsection (a) by a Foreign Service Reserve officer with limited tenure, the Secretary shall grant to such officer a limited appointment to the Senior Foreign Service in the appropriate class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim).
**(c) Career appointment** If a request is submitted under subsection (a) by a Foreign Service officer or, except as provided in subsection (d), a Foreign Service Reserve officer with unlimited tenure, the Secretary shall recommend to the President a career appointment of such officer, by and with the advice and consent of the Senate, to the Senior Foreign Service in the appropriate class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim).
**(d) Availability for worldwide assignment** If the Secretary determines that a Foreign Service Reserve officer with limited or unlimited tenure who submits a request under subsection (a) is not available for worldwide assignment, an appointment under subsection (b) or a recommendation for appointment under subsection (c) shall be made only if—
(1) the Secretary certifies that there is a need for the services of such officer in the Senior Foreign Service; and
(2) such officer agrees in writing to accept availability for worldwide assignment as a condition of continued employment.
**(e) Application more than 120 days after effective date of Foreign Service Act of 1980** If a Foreign Service officer or a Foreign Service Reserve officer who is eligible to submit a request under subsection (a) submits a written request for appointment to the Senior Foreign Service to the Secretary more than 120 days after February 15, 1981, and before the end of the 3-year period beginning on February 15, 1981, the Secretary (in the case of a Foreign Service Reserve officer with limited tenure) may grant a limited appointment to, or (in the case of a Foreign Service officer or Foreign Service Reserve officer with unlimited tenure) may recommend to the President a career appointment of, the requesting officer to the appropriate class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim), subject to the conditions specified in subsection (d) and such other conditions as the Secretary may prescribe consistent with the provisions of subchapter VI of this chapter relating to promotion into the Senior Foreign Service.
**(f) Forced conversion** Any officer of the Foreign Service who is eligible to submit a request under subsection (a) and—
(1) who does not submit a request under subsection (a), or
(2) who submits such a request more than 120 days after February 15, 1981, and is not appointed to the Senior Foreign Service for any reason other than failure to meet the conditions specified in subsection (d),
may not remain in the Foreign Service for more than 3 years after February 15, 1981. During such period, the officer shall be subject to the provisions of subchapters I to XI of this chapter applicable to members of the Senior Foreign Service, except that such officer shall not be eligible to compete for performance pay under [section 3965 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3965&num=0&edition=prelim), and shall not be eligible for a limited career extension as described in [section 4007(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4007/b&num=0&edition=prelim). Upon separation from the Service, any such officer who is a participant in the Foreign Service Retirement and Disability System shall be entitled to retirement benefits on the same basis as a member retired from the Senior Foreign Service under [section 4007(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4007/c/1&num=0&edition=prelim), and [section 4009(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009/a/2/B&num=0&edition=prelim) shall be deemed to apply to such officer.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit principles.
**(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by—
(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility; additional lump sum payment; excessive compensation not precluding award** Subject to subsection (e), members of the Senior Foreign Service who are serving—
(1) under career or career candidate appointments, or
(2) under limited appointments with reemployment rights under [section 3950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) as career appointees in the Senior Executive Service,
shall be eligible to compete for performance pay in accordance with this section. Performance pay shall be paid in a lump sum and shall be in addition to the basic salary prescribed under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim) and any other award. The fact that a member of the Senior Foreign Service competing for performance pay would, as a result of the payment of such performance pay, receive compensation exceeding the compensation of any other member of the Service shall not preclude the award or its payment.
**(b) Criteria; limitations** Awards of performance pay shall take into account the criteria established by the Office of Personnel Management for performance awards under [section 5384 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim) and rank awards under [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). Awards of performance pay under this section shall be subject to the following limitations:
(1) Not more than 33 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year.
(2) Except as provided in paragraph (3),
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3965
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prescription by President; basic salary rates; adjustments; determinations by Secretary**
(1) The President shall prescribe salary classes for the Senior Foreign Service and shall prescribe an appropriate title for each class. The President shall also prescribe ranges of basic salary rates for each class. Except as provided in paragraph (3), basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim).
(2) The Secretary shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall be paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department, or both, as determined under a rigorous performance management system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Secretary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12-month period.
(3) Upon a determination by the Secretary that the Senior Foreign Service performance appraisal system, as designed and applied, makes meaningful distinctions based on relative performance—
(A) the maximum rate of basic pay payable for the Senior Foreign Service shall be level II of the Executive Schedule; and
(B) the applicable aggregate pay cap shall be equivalent to the aggregate pay cap set forth in [section 5307(d)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-s
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3962
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Individuals serving under appointment** In the case of any individual in the Foreign Service who, immediately before February 15, 1981, is serving under an appointment described in section 4152(a) or 4153(a) of this title and who is not converted under section 4152 or [section 4153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4153&num=0&edition=prelim) because such individual does not meet the conditions specified in section 4152(b) or 4153(d) of this title, the Secretary shall, not later than 3 years after February 15, 1981, provide that—
(1) the position such individual holds shall be subject to chapter 51 and subchapter III of chapter 53 of title 5;
(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 position;
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim).
**(b) United States Information Agency individuals** In the case of individuals in the Foreign Service in the United States Information Agency who immediately before October 17, 1980, 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) Department of State security officers** The three-year period referred to in
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4154
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Federal law — U.S. Code and appendices · legal_authorities
Page 1554
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4152
Editorial Notes
CODIFICATION
‘‘February 15, 1981’’ substituted in text for ‘‘the effec-
tive date of this Act’’ pursuant to section 2403 of Pub.
L. 96–465, set out as an Effective Date note under sec-
tion 3901 of this title.
§ 4152. Conversion to Foreign Service Schedule
(a) Not later than 120 days after February 15,
1981, the Secretary shall, in accordance with sec-
tion 4156 of this title, convert to the appropriate
class in the Foreign Service Schedule estab-
lished under section 3963 of this title those indi-
viduals in the Foreign Service who are serving
immediately before February 15, 1981, under ap-
pointments at or below class 3 of the schedule
established under section 412 or 414 of the For-
eign Service Act of 1946, or at any class in the
schedule established under section 415 of such
Act, as—
(1) Foreign Service officers, or
(2) Foreign Service Reserve officers with
limited or unlimited tenure, and Foreign Serv-
ice staff officers or employees, who the Sec-
retary determines are available for worldwide
assignment.
(b) Not later than 3 years after February 15,
1981, Foreign Service Reserve officers and staff
officers and employees who the Secretary deter-
mines under subsection (a)(2) are not available
for worldwide assignment shall also be con-
verted, in accordance with section 4156 of this
title, to the appropriate class in the Foreign
Service Schedule established under section 3963
of this title if—
(1) the Secretary certifies that there is a
need for their services in the Foreign Service;
and
(2) they agree in writing to accept avail-
ability for worldwide assignment as a condi-
tion of continued employment.
(Pub. L. 96–465, title II, § 2102, Oct. 17, 1980, 94
Stat. 2148
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4153
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