22 U.S.C. § 4151 — Pay and benefits pending conversion

Page 1553 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4151 1 See References in Text note below. 2 So in original. Probably should not be capitalized. viding insight into the economic and political functional areas. (3) The third internship shall be an assignment to a United States mission abroad in the polit- ical or economic area. (4) The first and second internships may in- clude a detail to the Congress. (e) Administration The Secretary of State shall determine the academic requirements, other selection criteria, and standards for successful completion of each internship period. The Secretary shall be re- sponsible for the design, implementation, and operation of the program. (f) Mentors Each intern shall be assigned a career Foreign Service officer as a mentor. The mentor shall act as a counselor and advisor throughout each summer internship and as a personal Foreign Service contact throughout the period of par- ticipation in the program. In the assignment of mentors, the Secretary shall give preference to Foreign Service officers who volunteer for such assignment and who may be role models for the interns. (g) Compensation Interns shall be compensated at a rate deter- mined by the Secretary which shall not be less than the compensation of comparable summer interns at the Department of State. As deter- mined by the Secretary, for the purposes of travel, housing, health insurance, and other ap- propriate benefits, interns shall be considered employees of the Foreign Service during each internship period. (h) Study of Foreign Service examination The Secretary of State shall study the feasi- bility of administering the Foreign Service ex- amination in separate segments over several years. Not later than 180 days after February 16, 1990, the Secretary shall submit a report sum- marizing the findings of such a study to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (Pub. L. 96–465, title I, § 1202, as added Pub. L. 101–246, title I, § 149(b), Feb. 16, 1990, 104 Stat. 40; amended Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412.) Editorial Notes CODIFICATION February 16, 1990, referred to in subsec. (h), was in the original ‘‘the date of the enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 101–246, which enacted this subchapter, to re- flect the probable intent of Congress. AMENDMENTS 2002—Subsec. (d)(1). Pub. L. 107–132 substituted ‘‘George P. Shultz National Foreign Affairs Training Center’’ for ‘‘Foreign Service Institute’’. § 4141b. Report to Congress Together with the annual submission required under section 3905(d)(2) 1 of this title, the Sec- retary of State shall submit a report to the Con- gress concerning the implementation of the pro- gram established under this subchapter. Such report accompanied by such other information as the Secretary considers appropriate, shall in- clude specific information concerning the com- pletion rates of interns in the program, interns who took the Foreign Service examination, in- terns who passed the examination, former in- terns appointed to the Foreign Service, assign- ments of former interns, and the advancement of former interns through the Foreign Service System.2 (Pub. L. 96–465, title I, § 1203, as added Pub. L. 101–246, title I, § 149(b), Feb. 16, 1990, 104 Stat. 41.) Editorial Notes REFERENCES IN TEXT Section 3905(d)(2) of this title, referred to in text, was omitted from the Code. § 4141c. Authorization of appropriations Of the amounts authorized to be appropriated by section 101(a)(1) of the Foreign Relations Au- thorization Act, Fiscal Years 1990 and 1991, $100,000 for the fiscal year 1990 and $150,000 for the fiscal year 1991 shall be available only to carry out this subchapter. Sums appropriated for the purposes of this subchapter are author- ized to remain available until expended. (Pub. L. 96–465, title I, § 1204, as added Pub. L. 101–246, title I, § 149(b), Feb. 16, 1990, 104 Stat. 41.) Editorial Notes REFERENCES IN TEXT Section 101(a)(1) of the Foreign Relations Authoriza- tion Act, Fiscal Years 1990 and 1991, referred to in text, is section 101(a)(1) of Pub. L. 101–246, title I, Feb. 16, 1990, 104 Stat. 18, which is not classified to the Code. SUBCHAPTER XII—TRANSITION § 4151. Pay and benefits pending conversion Until converted under the provisions of this subchapter, any individual who is in the Foreign Service before February 15, 1981, and is serving under an appointment as a Foreign Service offi- cer, Foreign Service information officer, For- eign Service Reserve officer with limited or un- limited tenure, or Foreign Service staff officer or employee, shall be treated for purposes of sal- ary, allowances, and other matters as if such in- dividual had been converted under section 4152 or 4153 of this title, as the case may be, on Feb- ruary 15, 1981, except that any adjustment of sal- ary under this section shall take effect— (1) in the case of an individual who is in the Foreign Service on October 17, 1980, on the first day of the first pay period which begins on or after October 1, 1980, and (2) in the case of an individual who is ap- pointed to the Foreign Service after October 17, 1980, on the date such appointment becomes effective. (Pub. L. 96–465, title II, § 2101, Oct. 17, 1980, 94 Stat. 2148.) 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-