Page:United States Statutes at Large Volume 94 Part 2.djvu/872

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2150

22 USC 4154.

5 USC 5101 et seq., 5331.

International eommunication Agency personnel.

22 USC 4155.

PUBLIC LAW 96-465—OCT. 17, 1980

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. SEC. 2104. C!ONVERSION FROM THE FOREIGN SERVICE.—(a) In the case of any individual in the Foreign Service who, immediately before the effective date of this Act, is serving under an appointment described in section 2102(a) or 2103(a) and who is not converted under section 2102 or section 2103 because such individual does not meet the conditions specified in section 21020t)) or 2103(d), the Secretary shall, not later than 3 years after the effective date of this Act, provide that— (1) the position such individual holds shall be subject to chapter 51 and subchapter III of chapter 53 of title 5, United States Code; (2) such individual shall be appointed to such position without competitive examination; and (3) such position shall be considered to be in the competitive service so long as the individual continues to hold that position; except that any such individual who meets the eligibility requirements for the Senior Executive Service and who elects to join that Service shall be converted by the Secretary to the Senior Executive Service in the appropriate rate of basic pay established under section 5382 of title 5, United States Code. (b) In the case of individuals in the Foreign Service in the International Communication Agency who immediately before the date of enactment of this Act are covered by a collective bargaining agreement between the Agency and the exclusive representative of those individuals, the 3-year period referred to in subsection (a) shall begin on July 1, 1981. SEC. 2105. CONVERSION OF CERTAIN POSITIONS IN THE DEPARTMENT

OF AGRICULTURE.—(a) Not later than 15 days after the effective date of this Act, the Secretary of Agriculture shall— (1) designate and classify under section 501 of this Act those positions in the Foreign Agricultural Service under the General Schedule described in section 5332 of title 5, United States Code, which the Secretary of Agriculture determines are to be occupied by career members of the Foreign Service, and (2) provide written notice to individuals holding those positions of such designation and classification of the personnel category under section 103 which will apply to such individual.