22 U.S.C. § 3964 — Assignments to salary class

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 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 max- imum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under sec- tion 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 ap- pointed 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 pe- riod.’’ 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 SERVICE For 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, Govern- ment 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. § 3963. Foreign Service Schedule The President shall establish a Foreign Serv- ice Schedule which shall consist of 9 salary classes and which shall apply to members of the Service who are citizens of the United States and for whom salary rates are not otherwise pro- vided for by this subchapter. The maximum sal- ary rate for the highest class established under this section, which shall be designated class 1, may not exceed the maximum rate of basic pay prescribed for GS–15 of the General Schedule under section 5332 of title 5. Salary rates estab- lished under this section shall be adjusted in ac- cordance with section 5303 of title 5. (Pub. L. 96–465, title I, § 403, Oct. 17, 1980, 94 Stat. 2088; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1439.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–509 substituted ‘‘section 5303’’ for ‘‘subchapter I of chapter 53’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title I, § 305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Or- ganization and Employees. EFFECTIVE DATE Section effective Feb. 15, 1981, except that for pur- poses of implementing section 4151 of this title it is ef- fective Oct. 17, 1980, see section 2403(a) and (d)(2) of Pub. L. 96–465, set out as an Effective Date note under sec- tion 3901 of this title. Executive Documents EXECUTIVE ORDER NO. 12249 Ex. Ord. No. 12249, Oct. 25, 1980, 45 F.R. 71347, which provided for a Foreign Service Schedule, was super- seded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. ADJUSTMENT OF FOREIGN SERVICE SCHEDULE For adjustment of Foreign Service Schedule pay rates under this section, see the executive order detail- ing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organi- zation and Employees. § 3964. Assignments to salary class (a) The Secretary shall assign all Foreign Service officers and Foreign Service personnel Page 1446 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3965 (other than Foreign Service personnel who are paid in accordance with section 3967 of this title or section 3968 of this title) to appropriate sal- ary 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 Sec- retary 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 pro- visions) providing for retention of pay by mem- bers of the Service in cases in which reduction- in-force procedures are applied. (Pub. L. 96–465, title I, § 404, Oct. 17, 1980, 94 Stat. 2088; Pub. L. 103–236, title I, § 180(a)(3), Apr. 30, 1994, 108 Stat. 415.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–236 struck out ‘‘who are family members of Government employees paid in ac- cordance with a local compensation plan established under’’ after ‘‘section 3967 of this title or’’. § 3965. Performance pay (a) Eligibility; additional lump sum payment; ex- cessive compensation not precluding award Subject to subsection (e), members of the Sen- ior Foreign Service who are serving— (1) under career or career candidate appoint- ments, or (2) under limited appointments with reem- ployment rights under section 3950 of this title as career appointees in the Senior Executive Service, shall be eligible to compete for performance pay in accordance with this section. Performance pay shall be paid in a lump sum and shall be in addition to the basic salary prescribed under section 3962 of this title and any other award. The fact that a member of the Senior Foreign Service competing for performance pay would, as a result of the payment of such performance pay, receive compensation exceeding the com- pensation of any other member of the Service shall not preclude the award or its payment. (b) Criteria; limitations Awards of performance pay shall take into ac- count the criteria established by the Office of Personnel Management for performance awards under section 5384 of title 5 and rank awards under section 4507 of title 5. Awards of perform- ance pay under this section shall be subject to the following limitations: (1) Not more than 33 percent of the members of the Senior Foreign Service may receive per- formance pay in any fiscal year. (2) Except as provided in paragraph (3), per- formance pay for a member of the Senior For- eign Service may not exceed 20 percent of the annual rate of basic salary for that member. (3) Not more than 6 percent of the members of the Senior Foreign Service may receive per- formance pay in any fiscal year in an amount which exceeds the percentage limitation speci- fied in paragraph (2). Payments under this paragraph to a member of the Senior Foreign Service may not exceed, in any fiscal year, the percentage of basic pay established under sec- tion 4507(e)(1) of title 5 for a Meritorious Exec- utive, except that payments of the percentage of the basic pay established under section 4507(e)(2) of such title for Distinguished Execu- tives may be made in any fiscal year to up to 1 percent of the members of the Senior For- eign Service. (4) Any award under this section 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. (5) The Secretary of State shall prescribe regulations, consistent with section 5582 of title 5, under which payment under this sec- tion shall be made in the case of any indi- vidual whose death precludes payment under paragraph (4) of this subsection. (c) Determination of amount by Secretary; dis- tribution on basis of selection board rec- ommendations The Secretary shall determine the amount of performance pay available under subsection (b)(2) each year for distribution among the mem- bers of the Senior Foreign Service and shall dis- tribute performance pay to particular individ- uals on the basis of recommendations by selec- tion boards established under section 4002 of this title. (d) Recommendations for meritorious or distin- guished service awards The President may grant awards of perform- ance pay under subsection (b)(3) on the basis of annual recommendations by the Secretary of State of members of the Senior Foreign Service who are nominated by their agencies as having performed especially meritorious or distin- guished service. Such service in the promotion of internationally recognized human rights, in- cluding the right to freedom of religion, shall serve as a basis for granting awards under this section. Recommendations by the Secretary of State under this subsection shall be made on the basis of recommendations by special inter- agency selection boards established by the Sec- retary of State for the purpose of reviewing and evaluating the nominations of agencies. (e) Recognition in lieu of award Notwithstanding any other provision of law, the Secretary of State may provide for recogni- tion of the meritorious or distinguished service of any member of the Foreign Service described in subsection (a) (including any member of the Senior Foreign Service) by means other than an award of performance pay in lieu of making such an award under this section. (Pub. L. 96–465, title I, § 405, Oct. 17, 1980, 94 Stat. 2088; Pub. L. 100–204, title I, § 175(b), Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103–236, title I, § 173(d), Apr. 30, 1994, 108 Stat. 412; Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2311(a), Oct. 21, 1998, 112