§3962 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must create pay classes and titles for the Senior Foreign Service and set a pay range for each class. Except for one special case, those ranges cannot be higher or lower than the basic pay rates for the Senior Executive Service under section 5382 of title 5. The Secretary decides where each Senior Foreign Service member is paid inside those ranges. Those decisions must be based on a strong performance system that looks at work and contribution to the Department. The Secretary normally may change a person’s basic rate no more than once in any 12-month period. If the Secretary finds the performance system makes real differences among people, the top pay can be set at Executive Schedule level II and the overall pay cap will match the cap in section 5307(d)(1) of title 5. A career Senior Executive Service member who takes a limited Senior Foreign Service appointment but whose old SES basic pay is higher than the SFS class pay keeps their former basic pay until the SFS class pay equals or exceeds it. After they move, any later increases to the SES basic rate apply to that retained pay at 50 percent of each increase.

Title 22, §3962

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)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 section 5382 of title 5.

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

(b)(1)An individual who is a career appointee in the Senior Executive Service receiving basic pay at one of the rates payable under section 5382 of title 5 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)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 section 5382 of title 5 immediately prior to such appointment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Amendments

2004—Subsec. (a)(1). Pub. L. 108–447, § 412(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 section 5382 of title 5.” 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 section 5382 of title 5, 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.” Subsec. (a)(2), (3). Pub. L. 108–447, § 412(a)(2), 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.” 1982—Subsec. (a). Pub. L. 97–241 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

Section effective Feb. 15, 1981, except that subsec. (a), for purposes of implementing section 4151 of this title, is effective Oct. 17, 1980, see section 2403(a) and (d)(2) of Pub. L. 96–465, set out as an

Effective Date

note under section 3901 of this title.

Executive Documents

Establishment of Salary Classes With Titles for Senior Foreign ServiceFor 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 section 5382 of Title 5, Government Organization and Employees, see section 4 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under section 3901 of this title.

§3962 Salaries of Senior Foreign Service Members

Summary

Title 22, §3962

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Citations & Metadata