22 U.S.C. § 3962 | Salaries of Senior Foreign Service members

(a)

Prescription by President; basic salary rates; adjustments; determinations by Secretary

(1)

section 5382 of title 5 The President shall prescribe salary classes for the Senior Foreign Service and shall prescribe an appropriate title for each class. The President shall also prescribe ranges of basic salary rates for each class. Except as provided in paragraph (3), basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under .

(2)

The Secretary shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall be paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department, or both, as determined under a rigorous performance management system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Secretary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12-month period.

(3)

Upon a determination by the Secretary that the Senior Foreign Service performance appraisal system, as designed and applied, makes meaningful distinctions based on relative performance—

(A)

the maximum rate of basic pay payable for the Senior Foreign Service shall be level II of the Executive Schedule; and

(B)

section 5307(d)(1) of title 5 the applicable aggregate pay cap shall be equivalent to the aggregate pay cap set forth in for members of the Senior Executive Service.

(b)

Career appointees in Senior Executive Service accepting limited appointment in Senior Foreign Service; adjustment

(1)

section 5382 of title 5 An individual who is a career appointee in the Senior Executive Service receiving basic pay at one of the rates payable under and who accepts a limited appointment in the Senior Foreign Service in a salary class for which the basic salary rate is less than such basic rate of pay, shall be paid a salary at his or her former basic rate of pay (with adjustments as provided in paragraph (2)) until the salary for his or her salary class in the Senior Foreign Service equals or exceeds the salary payable to such individual under this subsection.

(2)

section 5382 of title 5 The salary paid to an individual under this subsection shall be adjusted by 50 percent of each adjustment, which takes effect after the appointment of such individual to the Senior Foreign Service, in the basic rate of pay at which that individual was paid under immediately prior to such appointment.

Pub. L. 96–465, title I, § 402Oct. 17, 198094 Stat. 2087 Pub. L. 97–241, title I, § 124Aug. 24, 198296 Stat. 281 Pub. L. 108–447, div. B, title IV, § 412(a)Dec. 8, 2004118 Stat. 2905(, , ; , , ; , , .)

Editorial Notes

References in Text

section 5313 of Title 5Level II of the Executive Schedule, referred to in subsec. (a)(3)(A), is set out in , Government Organization and Employees.

Amendments

Pub. L. 108–447, § 412(a)(1)section 5382 of title 5 section 5382 of title 52004—Subsec. (a)(1). , substituted “The President shall also prescribe ranges of basic salary rates for each class. Except as provided in paragraph (3), basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under .” for “The President shall also prescribe one or more basic salary rates for each class. Basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under , and shall be adjusted at the same time and in the same manner as rates of basic pay are adjusted for the Senior Executive Service.”

Pub. L. 108–447, § 412(a)(2)Subsec. (a)(2), (3). , added pars. (2) and (3) and struck out former par. (2) which read as follows: “The Secretary shall determine which of the basic salary rates prescribed by the President under paragraph (1) for any salary class shall be paid to each member of the Senior Foreign Service who is appointed to that class. The Secretary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12-month period.”

Pub. L. 97–2411982—Subsec. (a). designated existing provisions as par. (1), inserted provision authorizing the President to prescribe one or more basic salary rates for each class, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

Feb. 15, 1981section 4151 of this titleOct. 17, 1980Pub. L. 96–465 section 3901 of this titleSection effective , except that subsec. (a), for purposes of implementing , is effective , see section 2403(a) and (d)(2) of , set out as an Effective Date note under .

Executive Documents

Establishment of Salary Classes With Titles for Senior Foreign Service

section 5382 of Title 5Feb. 23, 1981section 3901 of this titleFor establishment of salary classes with titles for the Senior Foreign Service, at basic rates of pay equivalent to that established from time to time for the Senior Executive Service under , Government Organization and Employees, see section 4 of Ex. Ord. No. 12293, , 46 F.R. 13969, set out as a note under .