§ 3962. Salaries of Senior Foreign Service members

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. 1980

   Pub. L. 96–465 title I § 402 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 3962

   Pub. L. 96–465, title I, § 402, Oct. 17, 1980, 94 Stat. 2087

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 402, Oct. 17, 1980, 94 Stat. 2087

   Enacted provision · exact public law section
   Sec. 402. Salaries of the Senior Foreign Service.— (a) The 22 USC 3962. President shall prescribe salary classes for the Senior Foreign Service and shall prescribe an appropriate title for each class. 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, United States Code, 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. (b) (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, United States Code, 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, United States Code, immediately prior to such appointment.

2. 1982

   Department of State Authorization Act, Fiscal Years 1982 and 1983

   Pub. L. 97–241 title I § 124 · 96 Stat. 273

   1. Amended · 22 U.S.C. § 3962(a)

      Pub. L. 97–241 designated existing provisions as par. (1)

   2. Inserted · 22 U.S.C. § 3962(a)

      Pub. L. 97–241 inserted provision authorizing the President to prescribe one or more basic salary rates for each class

   3. Added · 22 U.S.C. § 3962(a)

      Pub. L. 97–241 added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 124. basic salary rates for the senior foreign service Section 402(a) of the Foreign Service Act of 1980 (22 U.S.C. 3962(a)) is amended— (1) by inserting “(1)” immediately after “(a)”; (2) by inserting immediately after the first sentence the following new sentence: “The President shall also prescribe one or more basic salary rates for each class.”; and (3) by adding at the end thereof the following new paragraph: “(2) 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 appointed 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 period.”.

3. 2004

   Department of State and Related Agency Appropriations Act, 2005

   Pub. L. 108–447 § 412(a)(1) · 118 Stat. 2809

   Substituted · 22 U.S.C. § 3962(a)(1)

   Pub. L. 108–447, § 412(a)(1), substituted “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 maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under section 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 108–447, § 412(a)(1), substituted “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 maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under section 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.”

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking the second and third sentences and inserting the following President. new sentences: “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, United States Code.”; and

4. 2004

   Department of State and Related Agency Appropriations Act, 2005

   Pub. L. 108–447 § 412(a)(2) · 118 Stat. 2809

   1. Added · 22 U.S.C. § 3962(a)(2); 22 U.S.C. § 3962(a)(3)

      Pub. L. 108–447, § 412(a)(2), added pars. (2) and (3)

   2. Struck · 22 U.S.C. § 3962(a)(2); 22 U.S.C. § 3962(a)(3)

      Pub. L. 108–447, § 412(a)(2), 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 appointed 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 period.”

   Source evidence

   Code amendment note
   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 appointed 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 period.”

   Enacted provision · exact public law section
   (2) by striking paragraph (2) and inserting the following new paragraphs: “(2) The Secretary shall Wages. Government employees. 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 determined under a rigorous performance management 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 appraisal system, as designed and applied, makes meaningful distinctions based on relative performance— “(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 in section 5307(d)(1) of title 5, United States Code, for members of the Senior Executive Service.” .

7 of 7 references resolved to an enrolled provision