§ 4153. — Conversion to Senior Foreign Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4153]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XII--TRANSITION
Sec. 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 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) of this section, if a request
is submitted under subsection (a) of this section 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) of this section by a
Foreign Service officer or, except as provided in subsection (d) of this
section, 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.
(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) of this section is not available for worldwide assignment, an
appointment under subsection (b) of this section or a recommendation for
appointment under subsection (c) of this section 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) of this section
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, subject to the conditions specified in subsection
(d) of this section 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) of this section and--
(1) who does not submit a request under subsection (a) of this
section, 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) of this section,
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, 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, Sec. 2103, Oct. 17, 1980, 94 Stat. 2149; Pub.
L. 98-164, title I, Sec. 128, Nov. 22, 1983, 97 Stat. 1027.)
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 repealed by Pub. L. 96-465, title II,
Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.
Codification
In subsecs. (a), (e), and (f), ``February 15, 1981'' substituted 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 applicability of subchapter VIII of this
chapter.
Section Referred to in Other Sections
This section is referred to in sections 4151, 4154 of this title.
