22 U.S.C. § 4155 — Conversion of certain positions in Depart-

Page 1555 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4155 sions of subchapters I to XI of this chapter ap- plicable to members of the Senior Foreign Serv- ice, except that such officer shall not be eligible to compete for performance pay under section 3965 of this title, and shall not be eligible for a limited career extension as described in section 4007(b) of this title. 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, and section 4009(a)(2)(B) of this title shall be deemed to apply to such officer. (Pub. L. 96–465, title II, § 2103, Oct. 17, 1980, 94 Stat. 2149; Pub. L. 98–164, title I, § 128, Nov. 22, 1983, 97 Stat. 1027.) Editorial Notes REFERENCES IN TEXT Sections 412 and 414 of the Foreign Service Act of 1946, referred to in subsec. (a), which were classified to sections 867 and 869, respectively, of this title, were re- pealed by Pub. L. 96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159. CODIFICATION In subsecs. (a), (e), and (f), ‘‘February 15, 1981’’ sub- stituted for ‘‘the effective date of this Act’’ and ‘‘such effective date’’ pursuant to section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. AMENDMENTS 1983—Subsec. (f). Pub. L. 98–164 substituted provisions relating to applicability of sections 4007(c)(1) and 4009(a)(2)(B) of this title, for provisions relating to ap- plicability of subchapter VIII of this chapter. § 4154. Conversion from Foreign Service (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 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 indi- vidual continues to hold that position; except that any such individual who meets the eligibility requirements for the Senior Execu- tive Service and who elects to join that Service shall be converted by the Secretary to the Sen- ior Executive Service in the appropriate rate of basic pay established under section 5382 of title 5. (b) United States Information Agency individuals In the case of individuals in the Foreign Serv- ice 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 represent- ative of those individuals, the 3-year period re- ferred to in subsection (a) shall begin on July 1, 1981. (c) Department of State security officers The three-year period referred to in subsection (a) shall be extended for an additional period not to exceed one year from November 22, 1983, 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 domes- tic functions. (Pub. L. 96–465, title II, § 2104, Oct. 17, 1980, 94 Stat. 2150; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 98–164, title I, § 132, Nov. 22, 1983, 97 Stat. 1028.) Editorial Notes CODIFICATION In subsec. (a), ‘‘February 15, 1981’’ substituted 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. In subsec. (c), ‘‘November 22, 1983’’ was in the original ‘‘the date of enactment of this section’’ which was translated as meaning the date of enactment of this subsection, as the probable intent of Congress. AMENDMENTS 1983—Subsec. (c). Pub. L. 98–164 added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Information Agency’’ substituted for ‘‘International Communication Agency’’ in subsec. (b), pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title. United States In- formation Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. § 4155. Conversion of certain positions in Depart- ment of Agriculture (a) Designation and classification of positions to be occupied; notice Not later than 15 days after February 15, 1981, the Secretary of Agriculture shall— (1) designate and classify under section 3981 of this title those positions in the Foreign Ag- ricultural Service under the General Schedule described in section 5332 of title 5 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 3903 of this title which will apply to such individual. (b) Election to convert Each employee serving in a position at the time it is designated under subsection (a) shall, Page 1556 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4156 not later than 120 days after notice of such des- ignation, elect— (1) to accept conversion to the Foreign Serv- ice, in which case such employee shall be con- verted 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) Recommendations for appointment (1) The Secretary of Agriculture shall rec- ommend to the President for appointment to the appropriate class (as determined under para- graph (2)), by and with the advice and consent of the Senate, those employees who elect conver- sion 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) Results of declining to convert Any employee who declines conversion under subsection (b)(2) shall for so long as that em- ployee continues to hold the designated position be deemed to be a member of the Foreign Serv- ice for purposes of allowances, differentials, and similar benefits (as determined by the Secretary of Agriculture). (Pub. L. 96–465, title II, § 2105, Oct. 17, 1980, 94 Stat. 2150.) Editorial Notes CODIFICATION In subsec. (a), ‘‘February 15, 1981’’ substituted 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. § 4156. Preservation of status and benefits (a) Conversion to class, grade, or step cor- responding to level prior to conversion; re- duction in position or salary; conversion from Foreign Service under section 4154 of this title (1) Every individual who is converted under this subchapter shall be converted to the class or grade and pay rate that most closely cor- responds to the class or grade and step at which the individual was serving immediately before conversion. No conversion under this subchapter 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 4154 of this title 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) Participation in Foreign Service Retirement and Disability System (1) Any participant in the Foreign Service Re- tirement and Disability System who would, but for this paragraph, participate in the Civil Serv- ice Retirement and Disability System by virtue of conversion under this subchapter shall re- main a participant in the Foreign Service Re- tirement and Disability System for 120 days after participation in the Foreign Service Re- tirement 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 Dis- ability System instead of the Civil Service Re- tirement and Disability System so long as he or she is employed in an agency which is author- ized to utilize the Foreign Service personnel sys- tem. If such an election is not made, the indi- vidual shall then be covered by the Civil Service Retirement and Disability System and contribu- tions 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 Service in which he or she would be a participant in the Foreign Service Retirement and Disability Sys- tem and who would, but for this paragraph, con- tinue to participate in the Civil Service Retire- ment and Disability System by virtue of conver- sion under section 4154 of this title 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 For- eign Service personnel system. If such an elec- tion is made, the individual shall be transferred to the Foreign Service Retirement and Dis- ability System and contributions made by that individual to the Civil Service Retirement and Disability Fund shall be transferred to the For- eign Service Retirement and Disability Fund. (c) Conversion to type of appointment cor- responding in tenure to that prior to conver- sion Individuals who are converted under this sub- chapter shall be converted to the type of ap- pointment which corresponds most closely in tenure to the type of appointment under which they were serving immediately prior to such conversion, except that this subchapter shall not operate to extend the duration of any lim- ited appointment or previously applicable time in class. (d) Reappointment resulting from enactment of Foreign Service Act of 1980 Any individual who on February 15, 1981, is serving— (1) under an appointment in the Foreign Service, or (2) in any other office or position continued by this chapter, may continue to serve under such appointment, subject to the provisions of this chapter, and need not be reappointed by virtue of the enactment of this chapter. (e) Deferment of retirement provisions Any individual in the Foreign Service— (1) who is serving under a career appoint- ment on October 17, 1980, and (2) who was not subject to section 633(a)(2) of the Foreign Service Act of 1946 immediately before February 15, 1981,