--- kind: "section" citation: "22 U.S.C. § 4153" title: "22" title_heading: "Foreign Relations and Intercourse" number: "4153" heading: "Conversion to Senior Foreign Service" release: "119-102" url: "https://uscodex.org/usc/22/4153" units: - "Chapter 52 — Foreign Service" - "Subchapter XII — Transition" --- # §4153. Conversion to Senior Foreign Service - (a) **Criteria; application less than 120 days after effective date of Foreign Service Act of 1980—** [Foreign](/usc/22/3146.md?p=1) Service officers and [Foreign](/usc/22/3146.md?p=1) 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](/usc/22/3146.md?p=1) Service Act of 1946 may at any time within 120 days after such date submit to the [Secretary](/usc/22/277d–43.md?p=5) a written request for appointment to the Senior [Foreign](/usc/22/3146.md?p=1) Service. - (b) **Limited appointment—** Except as provided in [subsection (d)](#d), if a request is submitted under [subsection (a)](#a) by a [Foreign](/usc/22/3146.md?p=1) Service Reserve officer with limited tenure, the [Secretary](/usc/22/277d–43.md?p=5) shall grant to such officer a limited appointment to the Senior [Foreign](/usc/22/3146.md?p=1) Service in the appropriate class established under [section 3962 of this title](/usc/22/3962.md). - (c) **Career appointment—** If a request is submitted under [subsection (a)](#a) by a [Foreign](/usc/22/3146.md?p=1) Service officer or, except as provided in [subsection (d)](#d), a [Foreign](/usc/22/3146.md?p=1) Service Reserve officer with unlimited tenure, the [Secretary](/usc/22/277d–43.md?p=5) 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](/usc/22/3146.md?p=1) Service in the appropriate class established under [section 3962 of this title](/usc/22/3962.md). - (d) **Availability for worldwide assignment—** If the [Secretary](/usc/22/277d–43.md?p=5) determines that a [Foreign](/usc/22/3146.md?p=1) Service Reserve officer with limited or unlimited tenure who submits a request under [subsection (a)](#a) is not available for worldwide assignment, an appointment under [subsection (b)](#b) or a recommendation for appointment under [subsection (c)](#c) shall be made only if— - (1) the [Secretary](/usc/22/277d–43.md?p=5) certifies that there is a need for the services of such officer in the Senior [Foreign](/usc/22/3146.md?p=1) 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](/usc/22/3146.md?p=1) Service officer or a [Foreign](/usc/22/3146.md?p=1) Service Reserve officer who is eligible to submit a request under [subsection (a)](#a) submits a written request for appointment to the Senior [Foreign](/usc/22/3146.md?p=1) Service to the [Secretary](/usc/22/277d–43.md?p=5) more than 120 days after February 15, 1981, and before the end of the 3-year period beginning on February 15, 1981, the [Secretary](/usc/22/277d–43.md?p=5) (in the case of a [Foreign](/usc/22/3146.md?p=1) Service Reserve officer with limited tenure) may grant a limited appointment to, or (in the case of a [Foreign](/usc/22/3146.md?p=1) Service officer or [Foreign](/usc/22/3146.md?p=1) 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](/usc/22/3962.md), subject to the conditions specified in [subsection (d)](#d) and such other conditions as the [Secretary](/usc/22/277d–43.md?p=5) may prescribe consistent with the provisions of subchapter VI of this chapter relating to promotion into the Senior [Foreign](/usc/22/3146.md?p=1) Service. - (f) **Forced conversion—** Any officer of the [Foreign](/usc/22/3146.md?p=1) Service who is eligible to submit a request under [subsection (a)](#a) and— - (1) who does not submit a request under [subsection (a)](#a), or - (2) who submits such a request more than 120 days after February 15, 1981, and is not appointed to the Senior [Foreign](/usc/22/3146.md?p=1) Service for any reason other than failure to meet the conditions specified in [subsection (d)](#d), may not remain in the [Foreign](/usc/22/3146.md?p=1) 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](/usc/22/3146.md?p=1) Service, except that such officer shall not be eligible to compete for performance pay under [section 3965 of this title](/usc/22/3965.md), and shall not be eligible for a limited career extension as described in [section 4007(b) of this title](/usc/22/4007.md?p=b). Upon separation from the Service, any such officer who is a participant in the [Foreign](/usc/22/3146.md?p=1) Service Retirement and Disability System shall be entitled to retirement benefits on the same basis as a member retired from the Senior [Foreign](/usc/22/3146.md?p=1) Service under [section 4007(c)(1) of this title](/usc/22/4007.md?p=c-1), and [section 4009(a)(2)(B) of this title](/usc/22/4009.md?p=a-2-B) shall be deemed to apply to such officer. ## Source credit (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.) ## Notes ### 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 repealed 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” 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.