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Title 22 — Foreign Relations and Intercourse

Chapter 52 — Foreign Service

§ 3961. Salaries of chiefs of mission

Statutory text

(a)

Except as provided in section 3942(b) of this title, each chief of mission shall receive a salary, 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 limitation 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 commence 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 additional period, not to exceed 50 days after relinquishment of charge of the mission, as the Secretary of State may determine. During that period, the Secretary of State may require the chief of mission to perform such functions as the Secretary of State deems necessary in the interest of the Government.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 96–465 title I § 401 · 94 Stat. 2071

    Enacted · 22 U.S.C. § 3961

    Pub. L. 96–465, title I, § 401, Oct. 17, 1980, 94 Stat. 2087

    Source evidence

    Code source credit
    Pub. L. 96–465, title I, § 401, Oct. 17, 1980, 94 Stat. 2087

    Enacted provision · exact public law section
    Sec. 401. Salaries of Chiefs of Mission.— (a) Except as provided in 22 USC 3961. section 302(b), each chief of mission shall receive a salary, 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, United States Code. (b) The salary of a chief of mission shall commence 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 additional period, not to exceed 50 days after relinquishment of charge of the mission, as the Secretary of State may determine. During that period, the Secretary of State may require the chief of mission to perform such functions as the Secretary of State deems necessary in the interest of the Government.

  2. Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

    Pub. L. 100–204 title I § 177(a) · 101 Stat. 1331

    1. Substituted · 22 U.S.C. § 3961(a)

      Pub. L. 100–204 substituted “Each chief” for “Except as provided in section 3942(b) of this title, each chief”

    2. Inserted · 22 U.S.C. § 3961(a)

      Pub. L. 100–204 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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) Limitation on Compensation.— Section 401(a) of the Foreign Service Act of 1980 (22 U.S.C. 3961(a)) is amended— (1) by striking out “Except as provided in section 302(b), each” and inserting in lieu thereof “Each”; and (2) by striking out the period at the end thereof and inserting in lieu thereof “, 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.

    Effective date note
    Amendment by Pub. L. 100–204 not applicable to salary of any individual serving under Presidential appointment 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.

  3. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Pub. L. 102–138 title I § 142(b) · 105 Stat. 647

    1. Substituted · 22 U.S.C. § 3961(a)

      Pub. L. 102–138 substituted “Except as provided in section 3942(b) of this title, each” for “Each”

    2. Substituted · 22 U.S.C. § 3961(a)

      Pub. L. 102–138 substituted “level I of such” for “level II of such”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (b) Pay Cap.— Section 401 of the Foreign Service Act of 1980 (22 U.S.C. 3961) is amended in subsection (a) by— (1) striking out “Each” and inserting in lieu thereof “Except as provided in section 302(b), each”; and (2) striking out “level II of such” and inserting in lieu thereof “level I of such”.

  4. Department of State and Related Agency Appropriations Act, 2005

    Pub. L. 108–447 div. B title IV § 412(c) · 118 Stat. 2809

    Substituted · 22 U.S.C. § 3961(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, whichever 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 Executive Schedule” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    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, whichever 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 Executive Schedule” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended by striking “shall not exceed the annual rate of pay payable for level I of such Executive Schedule” and inserting “shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code, or the limitation under section 402(a)(3), whichever is higher”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1987–2004 · 3 rounds

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, whichever 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 Executive Schedule” to reflect the probable intent of Congress.

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 salary of any individual serving under Presidential appointment under section 3942 of this title immediately before , 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.

Credits

1980–2004 · 4 acts
  1. 1980Pub. L. 96–465, title I, § 401, , 94 Stat. 2087
  2. 1987Pub. L. 100–204, title I, § 177(a), , 101 Stat. 1362
  3. 1991Pub. L. 102–138, title I, § 142(b), , 105 Stat. 668
  4. 2004Pub. L. 108–447, div. B, title IV, § 412(c), , 118 Stat. 2905.
Show as published

(Pub. L. 96–465, title I, § 401, , 94 Stat. 2087; Pub. L. 100–204, title I, § 177(a), , 101 Stat. 1362; Pub. L. 102–138, title I, § 142(b), , 105 Stat. 668; Pub. L. 108–447, div. B, title IV, § 412(c), , 118 Stat. 2905.)

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