22 U.S.C. § 4153 — Conversion to Senior Foreign Service

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 (a), which were classified to sections 867, 869 and 870, respectively, of this title, were repealed by Pub.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- 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,