§ 4153. Conversion to Senior Foreign Service

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title II § 2103 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4153

   Pub. L. 96–465, title II, § 2103, Oct. 17, 1980, 94 Stat. 2149

   Source evidence

   Code source credit
   Pub. L. 96–465, title II, § 2103, Oct. 17, 1980, 94 Stat. 2149

   Enacted provision · exact public law section
   Sec. 2103. Conversion to the Senior Foreign Service.— (a) Foreign 22 USC 4153. Service officers and Foreign Service Reserve officers with limited or unlimited tenure who, immediately before the effective date of this Act, 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 22 USC 867, 869. such date submit to the Secretary a written request for appointment to the Senior Foreign Service. (b) 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 402 of this Act. (c) 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 402 of this Act. (d) 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) 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 the effective date of this Act and before the end of the 3-year period beginning on such effective date, 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 402 of this Act, subject to the conditions specified in subsection (d) and such other conditions as the Secretary may prescribe consistent with the provisions of chapter 6 of title I of this Act relating to promotion into the Senior Foreign Service. (f) 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 the effective date of this Act 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 the effective date of this Act. During such period, the officer shall be subject to the provisions of title I of this Act applicable to members of the Senior Foreign Service, except that such officer shall not be eligible to compete for performance pay under section 405, and shall not be eligible for a limited career extension as described in section 607(b). 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 determined in accordance with chapter 8 of title I of this Act.

2. 1983

   Department of State Authorization Act, Fiscal Years 1984 and 1985

   Pub. L. 98–164 title I § 128 · 97 Stat. 1017

   Substituted · 22 U.S.C. § 4153(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 128. codification of meresman case Section 2103(f) of the Foreign Service Act of 1980 (22 U.S.C. 4153(f)) is amended in the last sentence by striking out “determined in accordance with chapter 8 of title I of this Act” and inserting in lieu thereof “on the same basis as a member retired from the Senior Foreign Service under section 607(c)(1), and section 609(a)(2)(B) shall be deemed to apply to such officer”.

2 of 2 references resolved to an enrolled provision