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22 U.S.C. § 3961 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3961. Salaries of chiefs of mission
(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.
(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.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1987 Amendment
text: 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.
22 U.S.C. § 3963 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3963. Foreign Service Schedule
The President shall establish a Foreign Service 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 provided for by this subchapter. The maximum salary 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 established under this section shall be adjusted in accordance 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.)
heading: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–509 substituted “section 5303” for “subchapter I of chapter 53”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: 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 Organization and Employees.
heading: Effective Date
text: Section effective Feb. 15, 1981, except that for purposes of implementing section 4151 of this title it 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.
heading: Executive Documents
heading: Executive Order No. 12249
text: Ex. Ord. No. 12249, Oct. 25, 1980, 45 F.R. 71347, which provided for a Foreign Service Schedule, was superseded 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.
heading: Adjustment of Foreign Service Schedule
text: For adjustment of Foreign Service Schedule pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
22 U.S.C. § 3964 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3964. Assignments to salary class
(a) The Secretary shall assign all Foreign Service officers and Foreign Service personnel (other than Foreign Service personnel who are paid in accordance with section 3967 of this title or section 3968 of this title) to appropriate salary 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 Secretary 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 provisions) providing for retention of pay by members 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.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–236 struck out “who are family members of Government employees paid in accordance with a local compensation plan established under” after “section 3967 of this title or”.
22 U.S.C. § 3968a (FOREIGN RELATIONS AND INTERCOURSE)
§ 3968a. Locally-employed staff wages
(a) Market-responsive staff wages
Not later than 180 days after December 16, 2016, and periodically thereafter, the Secretary shall establish and implement a prevailing wage rates goal for positions in the local compensation plan, as described in section 3968 of this title, at each diplomatic post that—
(1) is based on the specific recruiting and retention needs of each such post and local labor market conditions, as determined annually; and
(2) is not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.
(b) Exception
The prevailing wage rate goal established under subsection (a) shall not apply if compliance with such subsection would be inconsistent with applicable United States law, the law in the locality of employment, or the public interest.
(c) Recordkeeping requirement
The analytical assumptions underlying the calculation of wage levels at each diplomatic post under subsection (a), and the data upon which such calculation is based—
(1) shall be filed electronically and retained for not less than 5 years; and
(2) shall be made available to the appropriate congressional committees upon request.
(Pub. L. 114–323, title IV, § 401, Dec. 16, 2016, 130 Stat. 1926.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary” and “appropriate congressional committees” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 3972 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3972. Special differentials
(a) Additional work requirements
The Secretary may pay special differentials, in addition to compensation otherwise authorized, to Foreign Service officers who are required because of the nature of their assignments to perform additional work on a regular basis in substantial excess of normal requirements.
(b) Salary limitations
The Inspector General of the United States Agency for International Development (USAID) shall limit the payment of special differentials to USAID Foreign Service criminal investigators to levels at which the aggregate of basic pay and special differential for any pay period would equal, for such criminal investigators, the bi-weekly pay limitations on premium pay regularly placed on other criminal investigators within the Federal law enforcement community. This provision shall be retroactive to January 1, 2013.
(c) Compensatory time off
Nothing in this chapter, or in subchapter V of chapter 55 of title 5 shall preclude the granting of compensatory time off for Foreign Service officers.
(Pub. L. 96–465, title I, § 412, Oct. 17, 1980, 94 Stat. 2092; Pub. L. 103–236, title I, § 139(6), Apr. 30, 1994, 108 Stat. 398; Pub. L. 114–323, title II, § 206, Dec. 16, 2016, 130 Stat. 1917.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (b). Pub. L. 114–323 added subsec. (b).
1994—Subsec. (b). Pub. L. 103–236 struck out subsec. (b) which read as follows: “Before implementing any proposal to limit either the number of Foreign Service officers who may receive a special differential under subsection (a) of this section or the amounts of such special differentials, the Secretary shall submit such proposal to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”
22 U.S.C. § 3976 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3976. Survivors’ and dependents’ educational assistance
(a) Foreign Service employees
The Secretary shall, pursuant to guidance issued under section 3973(c) of this title, provide educational assistance to a beneficiary of any United States national Foreign Service employee who dies while on duty abroad as a result of an act of terrorism, as defined in section 2656f(d) of this title, to meet, in whole or in part, the expenses incurred by the beneficiary in pursuing a program of education at an educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other educational costs.
(b) Other executive agencies
The head of an executive agency shall, pursuant to guidance issued under section 3973(c) of this title provide educational assistance authorized by this section to a beneficiary of any employee of that agency who dies as a result of an act of terrorism or terrorism, as defined in section 2656f(d) of this title, while on duty abroad and subject to the authority of the chief of mission pursuant to section 3927 of this title.
(c) Amount of assistance
Educational assistance under this section may be made available up to the amounts provided for in section 3532 of title 38, as adjusted by section 3564 of title 38, and for an aggregate period not in excess of 48 months.
(d) Program of education and educational institution defined
For purposes of this section, the terms “program of education” and “educational institution” have the meanings given the terms in section 3501 of title 38.
(Pub. L. 96–465, title I, § 416, as added Pub. L. 113–76, div. K, title VII, § 7082(b)(1), Jan. 17, 2014, 128 Stat. 566.)
heading: Editorial Notes
heading: References in Text
text: Section 2656f(d) of this title, referred to in subsecs. (a) and (b), was in the original “section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999”, and was translated as meaning “section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989”, to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to section 3927 of this title, serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries from an act of terrorism, as defined in section 2656f(d) of this title, see section 7082(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 3973 of this title.
22 U.S.C. § 3984 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3984. Service in United States and abroad
(a) Obligation to serve abroad; length of stay in United States
Career members of the Service shall be obligated to serve abroad and shall be expected to serve abroad for substantial portions of their careers. The Secretary shall establish by regulation limitations upon assignments of members of the Service within the United States. A member of the Service may not be assigned to duty within the United States for any period of continuous service exceeding eight years unless the Secretary approves an extension of such period for that member because of special circumstances.
(b) Intermittent duty within United States
Consistent with the needs of the Service, the Secretary shall seek to assign each career member of the Service who is a citizen of the United States (other than those employed in accordance with section 3951 of this title) to duty within the United States at least once during each period of fifteen years that the member is in the Service.
(c) Sabbaticals
The Secretary may grant a sabbatical to a career member of the Senior Foreign Service for not to exceed eleven months in order to permit the member to engage in study or uncompensated work experience which will contribute to the development and effectiveness of the member. A sabbatical may be granted under this subsection under conditions specified by the Secretary in light of the provisions of section 3396(c) of title 5, which apply to sabbaticals granted to members of the Senior Executive Service.
(Pub. L. 96–465, title I, § 504, Oct. 17, 1980, 94 Stat. 2094; Pub. L. 103–236, title I, § 180(a)(5), Apr. 30, 1994, 108 Stat. 416.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–236 inserted “(other than those employed in accordance with section 3951 of this title)” after “citizen of the United States”.
22 U.S.C. § 4002 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4002. Establishment of selection boards
(a) Evaluation of performance; recommendations
The Secretary shall establish selection boards to evaluate the performance of members of the Senior Foreign Service and members of the Service assigned to a salary class in the Foreign Service Schedule. Selection boards shall, in accordance with precepts prescribed by the Secretary, rank the members of a salary class on the basis of relative performance and may make recommendations for—
(1) promotions in accordance with section 4001 of this title;
(2) awards of performance pay under section 3965(c) of this title;
(3) denials of within-class step increases under section 3966(a) of this title;
(4) offer or renewal of limited career extensions under section 4007(b) of this title; and
(5) such other actions as the Secretary may prescribe by regulation.
(b) Public members; appointment of women and minority groups
All selection boards established under this section shall include public members. The Secretary shall assure that a substantial number of women and members of minority groups are appointed to each selection board established under this section.
(c) Disqualification for service on foreign service selection boards
No public members appointed pursuant to this section may be, at the time of their appointment or during their appointment, an agent of a foreign principal (as defined by section 611(b) of this title) or a lobbyist for a foreign entity (as defined in section 1602(6) of title 2) or receive income from a government of a foreign country.
(Pub. L. 96–465, title I, § 602, Oct. 17, 1980, 94 Stat. 2095; Pub. L. 101–246, title I, § 142, Feb. 16, 1990, 104 Stat. 36; Pub. L. 104–65, § 12(c), Dec. 19, 1995, 109 Stat. 701.)
heading: Editorial Notes
heading: Amendments
text: 1995—Subsec. (c). Pub. L. 104–65 inserted “or a lobbyist for a foreign entity (as defined in section 1602(6) of title 2)” before “or receive income”.
1990—Subsec. (c). Pub. L. 101–246 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1995 Amendment
text: Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.
22 U.S.C. § 4003 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4003. Recommendations and rankings
(a) Recommendations and rankings by selection boards shall be based upon records of the character, ability, conduct, quality of work, industry, experience, dependability, usefulness, and general performance of members of the Service. Such records may include reports prepared by or on behalf of the Inspector General of the Department of State and the Foreign Service, performance evaluation reports of supervisors, records of commendations, reports of language test scores from the George P. Shultz National Foreign Affairs Training Center, awards, reprimands, and other disciplinary actions, and (with respect to members of the Senior Foreign Service) records of current and prospective assignments.
(b) Precepts for selection boards shall include a description of the needs of the Service for performance requirements, skills, and qualities, which are to be considered in recommendations for promotion. The precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service shall emphasize performance which demonstrates the strong policy formulation capabilities, executive leadership qualities, and highly developed functional and area expertise, which are required for the Senior Foreign Service. The precepts for selection boards shall include, whether the member of the Service or the member of the Senior Foreign Service, as the case may be, has demonstrated—
(1) a willingness and ability to explain United States policies in person and through the media when occupying positions for which such willingness and ability is, to any degree, an element of the member’s duties, or
(2) other experience in public diplomacy.
(Pub. L. 96–465, title I, § 603, Oct. 17, 1980, 94 Stat. 2095; Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412; Pub. L. 108–458, title VII, § 7110(c), Dec. 17, 2004, 118 Stat. 3794.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (b). Pub. L. 108–458 inserted at end “The precepts for selection boards shall include, whether the member of the Service or the member of the Senior Foreign Service, as the case may be, has demonstrated—” and pars. (1) and (2).
2002—Subsec. (a). Pub. L. 107–132 substituted “George P. Shultz National Foreign Affairs Training Center” for “Foreign Service Institute”.
22 U.S.C. § 4004 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4004. Records
(a) The records described in section 4003(a) of this title shall be maintained in accordance with regulations prescribed by the Secretary. Except to the extent that they pertain to the receipt, disbursement, and accounting for public funds, such records shall be confidential and subject to inspection only by the President, the Secretary, such employees of the Government as may be authorized by law or assigned by the Secretary to work on such records, the legislative and appropriations committees of the Congress charged with considering legislation and appropriations for the Service, and representatives duly authorized by such committees. Access to such records relating to a member of the Service shall be granted to such member, upon written request.
(b) Notwithstanding subsection (a), any record of disciplinary action that includes a suspension of more than five days taken against a member of the Service, including any correction of that record under section 4137(b)(1) of this title, shall remain a part of the personnel records until the member is tenured as a career member of the Service or next promoted.
(Pub. L. 96–465, title I, § 604, Oct. 17, 1980, 94 Stat. 2096; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 327(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.)
heading: Editorial Notes
heading: Amendments
text: 1999—Pub. L. 106–113, in section catchline, substituted “Records” for “Confidentiality of records”, designated existing provisions as subsec. (a), and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 327(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438, provided that: “The amendments made by this section [amending this section] apply to all disciplinary actions initiated on or after the date of enactment of this Act [Nov. 29, 1999].”
22 U.S.C. § 4011 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4011. Termination of limited appointments
Except as provided in section 4010(a)(2) of this title, the Secretary may terminate at any time the appointment of any member of the Service serving under a limited appointment who is in the Senior Foreign Service, who is assigned to a salary class in the Foreign Service Schedule or who is paid in accordance with section 3967 of this title or is a United States citizen paid under a compensation plan under section 3968 of this title.
(Pub. L. 96–465, title I, § 612, formerly § 611, Oct. 17, 1980, 94 Stat. 2099; renumbered § 612 and amended Pub. L. 103–236, title I, §§ 180(a)(7), 181(a)(1), Apr. 30, 1994, 108 Stat. 416.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 612 of Pub. L. 96–465 was renumbered section 613 and is classified to section 4012 of this title.
heading: Amendments
text: 1994—Pub. L. 103–236, § 180(a)(7), substituted “or who is paid in accordance with section 3967 of this title or is a United States citizen paid under a compensation plan under section 3968 of this title.” for “, or who is a family member of a Government employee serving under a local compensation plan established under section 3968 of this title.”
22 U.S.C. § 4012 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4012. Termination of appointments of consular agents and foreign national employees
(a) The Secretary of State may terminate at any time the appointment of any consular agent in light of the criteria and procedures normally followed in the locality in similar circumstances.
(b) The Secretary may terminate at any time the appointment of any foreign national employee in light of the criteria and procedures normally followed in the locality in similar circumstances.
(Pub. L. 96–465, title I, § 613, formerly § 612, Oct. 17, 1980, 94 Stat. 2099; renumbered § 613, Pub. L. 103–236, title I, § 181(a)(1), Apr. 30, 1994, 108 Stat. 416.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 613 of Pub. L. 96–465 was renumbered section 614 and is classified to section 4013 of this title.