US Code

Public Law 119-73 (01/23/2026)

22 U.S.C. § 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 , 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

section 3962 of this titleExcept 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 .

(c)

Career appointment

section 3962 of this titleIf 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 .

(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) 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)

Application more than 120 days after effective date of Foreign Service Act of 1980

section 3962 of this titleIf 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 , and before the end of the 3-year period beginning on , 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 , subject to the conditions specified in subsection (d) 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) and—
(1)
who does not submit a request under subsection (a), or
(2)
who submits such a request more than 120 days after , and is not appointed to the Senior Foreign Service for any reason other than failure to meet the conditions specified in subsection (d),
section 3965 of this titlesection 4007(b) of this titlesection 4007(c)(1) of this titlesection 4009(a)(2)(B) of this titlemay not remain in the Foreign Service for more than 3 years after . 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 , and shall not be eligible for a limited career extension as described in . 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 , and shall be deemed to apply to such officer.

Pub. L. 96–465, title II, § 210394 Stat. 2149Pub. L. 98–164, title I, § 12897 Stat. 1027(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 96–465, title II, § 2205(1)94 Stat. 2159Sections 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 , , .

Codification

section 2403 of Pub. L. 96–465section 3901 of this titleIn subsecs. (a), (e), and (f), “” substituted for “the effective date of this Act” and “such effective date” pursuant to , set out as an Effective Date note under .

Amendments

Pub. L. 98–1641983—Subsec. (f). 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.