§ 3965. Performance pay
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(a)Eligibility; additional lump sum payment; excessive compensation not precluding award Subject to subsection (e), members of the Senior Foreign Service who are serving—
(1)under career or career candidate appointments, or
(2)under limited appointments with reemployment rights under section 3950 of this title as career appointees in the Senior Executive Service,
shall be eligible to compete for performance pay in accordance with this section. Performance pay shall be paid in a lump sum and shall be in addition to the basic salary prescribed under section 3962 of this title and any other award. The fact that a member of the Senior Foreign Service competing for performance pay would, as a result of the payment of such performance pay, receive compensation exceeding the compensation of any other member of the Service shall not preclude the award or its payment.
(b)Criteria; limitations Awards of performance pay shall take into account the criteria established by the Office of Personnel Management for performance awards under section 5384 of title 5 and rank awards under section 4507 of title 5. Awards of performance pay under this section shall be subject to the following limitations:
(1)Not more than 33 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year.
(2)Except as provided in paragraph (3), performance pay for a member of the Senior Foreign Service may not exceed 20 percent of the annual rate of basic salary for that member.
(3)Not more than 6 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year in an amount which exceeds the percentage limitation specified in paragraph (2). Payments under this paragraph to a member of the Senior Foreign Service may not exceed, in any fiscal year, the percentage of basic pay established under section 4507(e)(1) of title 5 for a Meritorious Executive, except that payments of the percentage of the basic pay established under section 4507(e)(2) of such title for Distinguished Executives may be made in any fiscal year to up to 1 percent of the members of the Senior Foreign Service.
(4)Any award under this section 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.
(5)The Secretary of State shall prescribe regulations, consistent with section 5582 of title 5, under which payment under this section shall be made in the case of any individual whose death precludes payment under paragraph
(4)of this subsection.
(c)Determination of amount by Secretary; distribution on basis of selection board recommendations The Secretary shall determine the amount of performance pay available under subsection (b)(2) each year for distribution among the members of the Senior Foreign Service and shall distribute performance pay to particular individuals on the basis of recommendations by selection boards established under section 4002 of this title.
(d)Recommendations for meritorious or distinguished service awards The President may grant awards of performance pay under subsection (b)(3) on the basis of annual recommendations by the Secretary of State of members of the Senior Foreign Service who are nominated by their agencies as having performed especially meritorious or distinguished service. Such service in the promotion of internationally recognized human rights, including the right to freedom of religion, shall serve as a basis for granting awards under this section. Recommendations by the Secretary of State under this subsection shall be made on the basis of recommendations by special interagency selection boards established by the Secretary of State for the purpose of reviewing and evaluating the nominations of agencies.
(e)Recognition in lieu of award Notwithstanding any other provision of law, the Secretary of State may provide for recognition of the meritorious or distinguished service of any member of the Foreign Service described in subsection
(a)(including any member of the Senior Foreign Service) by means other than an award of performance pay in lieu of making such an award under this section.
(Pub. L. 96–465, title I, § 405, Oct. 17, 1980, 94 Stat. 2088; Pub. L. 100–204, title I, § 175(b), Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103–236, title I, § 173(d), Apr. 30, 1994, 108 Stat. 412; Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2311(a), Oct. 21, 1998, 112 Stat. 2681–826; Pub. L. 105–292, title V, § 504(a), Oct. 27, 1998, 112 Stat. 2811; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 323], Nov. 29, 1999, 113 Stat. 1536, 1501A–437; Pub. L. 107–228, div. A, title III, § 312(a), Sept. 30, 2002, 116 Stat. 1378; Pub. L. 108–447, div. B, title IV, § 412(b), Dec. 8, 2004, 118 Stat. 2905.)
Connections23 cite this · traces to 9
Cited by 23 sections · top 18
U.S. Code
statutes-at-large
- Public Law 106–113Making consolidated appropriations for the fiscal year ending September 30, 2000,and for other purposes
- Public Law 96–465To promote the foreign policy of the United States by strengthening and improving the Foreign Service of the United States, and for other purposes
- Public Law 100–204To authorize appropriations for fiscal years 1988 and 1989 for the Department of State, the United States Information Agency, the Voice of America, the Board for International Broadcasting, and for other purposes
- Public Law 105–292To express United States foreign policy with respect to, and to strengthen United States advocacy on behalf of, individuals persecuted in foreign countries on account of religion; to authorize United States actions in response to violations of religious freedom in foreign countries; to establish an
- Public Law 108–447Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes
- Public Law 110–53To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 107–228To authorize appropriations for the Department of State for fiscal year 2003, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal year 2003, and for other purposes
Traces to 9 documents
U.S. Code
- Reemployment rights following limited appointment§ 3950
- Salaries of Senior Foreign Service members§ 3962
- Performance awards in the Senior Executive Service§ 5384
- Awarding of ranks in the Senior Executive Service§ 4507
- Limitation on certain payments§ 5307
- Designation of beneficiary; order of precedence§ 5582
- Establishment of selection boards§ 4002
- Positions at level I§ 5312
- Performance pay§ 3965
29 references not yet in our index
- Pub. L. 96–465, title I, § 405
- 94 Stat. 2088
- Pub. L. 100–204, title I, § 175(b)
- 101 Stat. 1361
- Pub. L. 103–236, title I, § 173(d)
- 108 Stat. 412
- Pub. L. 105–277, div. G
- 112 Stat. 2681–826
- Pub. L. 105–292, title V, § 504(a)
- 112 Stat. 2811
- Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 323]
- 113 Stat. 1536
- Pub. L. 107–228, div. A, title III, § 312(a)
- 116 Stat. 1378
- Pub. L. 108–447, div. B, title IV, § 412(b)
- 118 Stat. 2905
- Pub. L. 108–447
- Pub. L. 107–228
- Pub. L. 106–113
- Pub. L. 105–277, § 2311(a)(1)
- Pub. L. 105–292
- Pub. L. 105–277, § 2311(a)(2)
- Pub. L. 103–236
- Pub. L. 100–204
- Pub. L. 107–228, div. A, title III, § 312(b)
- Pub. L. 103–236, title I, § 173(a)
- Pub. L. 103–415, § 1(gg)
- 108 Stat. 4303
- Pub. L. 100–204, title I, § 175(a)
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cites case law
§ 3965
Performance pay
Stat.×11
Stat. Comp.×6
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Pub. L.Pub. L. 96–465, title I, § 405
Stat.94 Stat. 2088
Pub. L.Pub. L. 100–204, title I, § 175(b)
Cites 38 · showing 12Cited by 23 across 3 sources