22 U.S.C. § 3963 — Foreign Service Schedule

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