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22 U.S.C. § 3964 — Assignments to salary class
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall assign all Foreign Service officers and Foreign Service personnel (other than Foreign Service personnel who are paid in accordance with [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim) or [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim)) to appropriate salary classes in the Foreign Service Schedule.
**(b)**
(1) The salary class to which a member of the Service is assigned under this section shall not be affected by the assignment of the member to a position classified under subchapter V.
(2) Except as authorized by subchapter I of chapter 35 of title 5, changes in the salary class of a member of the Senior Foreign Service or a member of the Service assigned to a salary class in the Foreign Service Schedule shall be made only in accordance with subchapter VI. The Secretary shall prescribe regulations (which shall be consistent with the relevant provisions of subchapter VI of chapter 53 of title 5 and with the regulations prescribed to carry out such provisions) providing for retention of pay by members of the Service in cases in which reduction-in-force procedures are applied.
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Stable record: federal_law:legal_authorities:record_usc_07464fcddfd02a54b710cebb
Source file: Laws/federal/codes/united-states-code/title-22/section-3964-assignments-to-salary-class--9b3efb3501.md
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Source location: Title 22, Chapter 52, § 3964; chapter-052-foreign-service.md
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**(a)** The Secretary shall assign all Foreign Service officers and Foreign Service personnel (other than Foreign Service personnel who are paid in accordance with [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim) or [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim)) to appropriate salary classes in the Foreign Service Schedule.
**(b)**
(1) The salary class to which a member of the Service is assigned under this section shall not be affected by the assignment of the member to a position classified under subchapter V.
(2) Except as authorized by subchapter I of chapter 35 of title 5, changes in the salary class of a member of the Senior Foreign Service or a member of the Service assigned to a salary class in the Foreign Service Schedule shall be made only in accordance with subchapter VI. The Secretary shall prescribe regulations (which shall be consistent with the relevant provisions of subchapter VI of chapter 53 of title 5 and with the regulations prescribed to carry out such provisions) providing for retention of pay by members of the Service in cases in which reduction-in-force procedures are applied.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may establish salary rates at rates lower than those established for the Foreign Service Schedule for the Foreign Service personnel described in subsection (b). The rates established under this subsection may be no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim).
**(b)** The Secretary may pay Foreign Service personnel who are recruited abroad, who are not available or are not qualified for assignment to another Foreign Service post, and who perform duties of a more routine nature than are generally performed by Foreign Service personnel assigned to class 9 in the Foreign Service Schedule, in accordance with the salary rates established under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3967
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; rates of pay; leaves of absence; supplemental payments; transfer from Civil Service Retirement and Disability Fund**
(1) The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under [section 3951(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951/c/1&num=0&edition=prelim). To the extent consistent with the public interest, each compensation plan shall be based upon prevailing wage rates and compensation practices (including participation in local social security plans) for corresponding types of positions in the locality of employment, except that such compensation plans shall provide for payment of wages to United States citizens at a rate which is no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). Any compensation plan established under this section may include provision for (A) leaves of absence with pay for employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitation contained in [section 6310 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim), (B) programs for voluntary transfers of such leave and voluntary leave banks, which shall, to the extent practicable, be established in a manner consistent with the provisions of subchapters III and IV, respectively, of chapter 63 of title 5, and (C) payments by the Government and employees to (i) a trust or other fund in a financial institution in order to financ
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3968
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Federal law — U.S. Code and appendices · legal_authorities
A career candidate for appointment as a Foreign Service officer may not be initially assigned under [section 3964 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3964&num=0&edition=prelim) to a salary class higher than class 4 in the Foreign Service Schedule unless—
(1) the Secretary determines in an individual case that assignment to a higher salary class is warranted because of the qualifications (including foreign language competence) and experience of the candidate and the needs of the Service; or
(2) at the time such initial assignment is made, the candidate is serving under a career appointment in the Service and is receiving a salary at a rate equal to or higher than the minimum rate payable for class 4 in the Foreign Service Schedule.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3947
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Method of promotion** Career members of the Senior Foreign Service are promoted by appointment under [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim) to a higher salary class in the Senior Foreign Service. Members of the Senior Foreign Service serving under career candidate appointments or noncareer appointments are promoted by appointment under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim) to a higher salary class in the Senior Foreign Service. Foreign Service officers, and Foreign Service personnel who are assigned to a class in the Foreign Service Schedule, are promoted by appointment under [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim) as career members of the Senior Foreign Service or by assignment under [section 3964 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3964&num=0&edition=prelim) to a higher salary class in the Foreign Service Schedule.
**(b) Recommendations and rankings of selection boards** Except as provided in [section 4006(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4006/a&num=0&edition=prelim), promotions of—
(1) members of the Senior Foreign Service, and
(2) members of the Service assigned to a salary class in the Foreign Service Schedule (including promotions of such members into the Senior Foreign Service),
shall be based upon the recommendations and rankings of selection boards established under [section 4002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
Page 1445
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3964
in section 5307(d)(1) of title 5 for members of
the Senior Executive Service.
(b) Career appointees in Senior Executive Serv-
ice accepting limited appointment in Senior
Foreign Service; adjustment
(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 appoint-
ment.
(Pub. L. 96–465, title I, § 402, Oct. 17, 1980, 94 Stat.
2087; Pub. L. 97–241, title I, § 124, Aug. 24, 1982, 96
Stat. 281; Pub. L. 108–447, div. B, title IV, § 412(a),
Dec. 8, 2004, 118 Stat. 2905.)
Editorial Notes
REFERENCES IN TEXT
Level II of the Executive Schedule, referred to in sub-
sec. (a)(3)(A), is set out in section 5313 of Title 5, Gov-
ernment Organization and Employees.
AMENDMENTS
2004—Subsec. (a)(1). Pub. L. 108–447, § 412(a)(1), sub-
stituted ‘‘The President shall also prescribe ranges of
basic salary rates for each class. Except as provided in
paragraph (3), basic salary rates for
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3964
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