22 U.S.C. § 4152 — Conversion to Foreign Service Schedule

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.) Editorial Notes REFERENCES IN TEXT Sections 412, 414 and 415 of the Foreign Service Act of 1946, referred to in subsec. (a), which were classified to sections 867, 869 and 870, respectively, of this title, were repealed by Pub. L. 96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159. 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. § 4153. Conversion to Senior Foreign Service (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 ten- ure 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 re- quest 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. (c) Career appointment If a request is submitted under subsection (a) by a Foreign Service officer or, except as pro- vided in subsection (d), a Foreign Service Re- serve officer with unlimited tenure, the Sec- retary shall recommend to the President a ca- reer 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. (d) Availability for worldwide assignment If the Secretary determines that a Foreign Service Reserve officer with limited or unlim- ited tenure who submits a request under sub- section (a) is not available for worldwide assign- ment, an appointment under subsection (b) or a recommendation for appointment under sub- section (c) shall be made only if— (1) the Secretary certifies that there is a need for the services of such officer in the Sen- ior 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 effec- tive date of Foreign Service Act of 1980 If a Foreign Service officer or a Foreign Serv- ice 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 Re- serve officer with limited tenure) may grant a limited appointment to, or (in the case of a For- eign Service officer or Foreign Service Reserve officer with unlimited tenure) may recommend to the President a career appointment of, the re- questing officer to the appropriate class estab- lished under section 3962 of this title, subject to the conditions specified in subsection (d) and such other conditions as the Secretary may pre- scribe consistent with the provisions of sub- chapter VI of this chapter relating to promotion into the Senior Foreign Service. (f) Forced conversion Any officer of the Foreign Service who is eligi- ble to submit a request under subsection (a) and— (1) who does not submit a request under sub- section (a), or (2) who submits such a request more than 120 days after February 15, 1981, and is not ap- pointed to the Senior Foreign Service for any reason other than failure to meet the condi- tions 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 provi-