22 U.S.C. § 3962 — Salaries of Senior Foreign Service mem-

Page 1444 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3952 ‘‘(b) Employment of family members in accordance with this section may not be used to avoid fulfilling the need for full-time career positions.’’ § 3952. Diplomatic and consular missions (a) Recommendations by Secretary of State; ap- pointment by President; vice consul; per- formance of official functions under commis- sion The Secretary of State may recommend to the President that a member of the Service who is a citizen of the United States be commissioned as a diplomatic or consular officer or both. The President may, by and with the advice and con- sent of the Senate, commission such member of the Service as a diplomatic or consular officer or both. The Secretary of State may commission as a vice consul a member of the Service who is a citizen of the United States. All official func- tions performed by a diplomatic or consular offi- cer, including a vice consul, shall be performed under such a commission. (b) Function of commissioned Service members Members of the Service commissioned under this section may, in accordance with their com- missions, perform any function which any cat- egory of diplomatic officer (other than a chief of mission) or consular officer is authorized by law to perform. (c) Limits of consular districts The Secretary of State shall define the limits of consular districts. (Pub. L. 96–465, title I, § 312, Oct. 17, 1980, 94 Stat. 2087.) SUBCHAPTER IV—COMPENSATION § 3961. Salaries of chiefs of mission (a) Except as provided in section 3942(b) of this title, each chief of mission shall receive a sal- ary, 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 limita- tion 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 com- mence 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 addi- tional period, not to exceed 50 days after relin- quishment of charge of the mission, as the Sec- retary of State may determine. During that pe- riod, the Secretary of State may require the chief of mission to perform such functions as the Secretary of State deems necessary in the inter- est of the Government. (Pub. L. 96–465, title I, § 401, Oct. 17, 1980, 94 Stat. 2087; Pub. L. 100–204, title I, § 177(a), Dec. 22, 1987, 101 Stat. 1362; Pub. L. 102–138, title I, § 142(b), Oct. 28, 1991, 105 Stat. 668; Pub. L. 108–447, div. B, title IV, § 412(c), Dec. 8, 2004, 118 Stat. 2905.) 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, which- ever 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 Exec- utive Schedule’’ to reflect the probable intent of Con- gress. 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 AMENDMENT Amendment by Pub. L. 100–204 not applicable to sal- ary of any individual serving under Presidential ap- pointment 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. § 3962. Salaries of Senior Foreign Service mem- bers (a) Prescription by President; basic salary rates; adjustments; determinations by Secretary (1) The President shall prescribe salary classes for the Senior Foreign Service and shall pre- scribe 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 de- termined under a rigorous performance manage- ment 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 ap- praisal system, as designed and applied, makes meaningful distinctions based on relative per- formance— (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 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