PRIA, Government Policy, Made Personal

Summary

Each chief of mission must get a salary the President picks from the yearly pay rates for Executive Schedule levels II through V (5 U.S.C. 5313–5316), except as 22 U.S.C. 3942(b) says. The total pay, not counting danger pay, cannot go above the limit in 5 U.S.C. 5307 or the limit in 22 U.S.C. 3962(a)(3), whichever is higher. Pay starts when the appointment becomes effective. A chief of mission keeps serving even after a successor is named. The Secretary of State can make them keep working for up to 50 days after they give up charge of the mission, and may assign them duties during that time.

Title 22, §3961

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Except as provided in section 3942(b) of this title, each chief of mission shall receive a salary, as determined by the President, at one of the annual rates payable for levels II through V of the Executive Schedule under sections 5313 through 5316 of title 5, except that the total compensation, exclusive of danger pay, for any chief of mission shall be subject to the limitation on certain payments under section 5307 of title 5 or the limitation under section 3962(a)(3) of this title, whichever is higher.

(b)The salary of a chief of mission shall commence upon the effective date of appointment to that position. The official services of a chief of mission are not terminated by the appointment of a successor, but shall continue for such additional period, not to exceed 50 days after relinquishment of charge of the mission, as the Secretary of State may determine. During that period, the Secretary of State may require the chief of mission to perform such functions as the Secretary of State deems necessary in the interest of the Government.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–447, which directed the substitution of “shall be subject to the limitation on certain payments under section 5307 of title 5 or the limitation under section 3962(a)(3) of this title, whichever is higher” for “shall not exceed the annual rate of pay payable for level I of such Executive Schedule”, was executed by making the substitution for “shall not exceed the annual rate payable for level I of such Executive Schedule” to reflect the probable intent of Congress. 1991—Subsec. (a). Pub. L. 102–138 substituted “Except as provided in section 3942(b) of this title, each” for “Each” and “level I of such” for “level II of such”. 1987—Subsec. (a). Pub. L. 100–204 substituted “Each chief” for “Except as provided in section 3942(b) of this title, each chief”, and inserted before period at end “, except that the total compensation, exclusive of danger pay, for any chief of mission shall not exceed the annual rate payable for level II of such Executive Schedule”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–204 not applicable to salary of any individual serving under Presidential appointment under section 3942 of this title immediately before Dec. 22, 1987, during the period such individual continues to serve in such position, see section 177(c) of Pub. L. 100–204, set out as a note under section 3942 of this title.

§3961 Salaries of Chiefs of Mission