22 U.S.C. § 3965

Section 3965 · Performance pay

Current version, with additions and removals from the April 30, 1994 version.

View current clean text →Unified view

Current — December 8, 2004

As of April 30, 1994

(a) Eligibility; additional lump sum payment; excessive compensation not precluding award

~~Members~~ of the Senior Foreign Service who are serving—

Subject to subsection (e) of this section, 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 50 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year.

(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 $10,000~~ in any fiscal year, except that payments of ~~up to $20,000~~ in any fiscal year ~~may be made under this paragraph~~ to up to 1 percent of the members of the Senior Foreign Service.

(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.

(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.

The Secretary shall determine the amount of performance pay available under subsection (b)(2) of this section 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) of this section 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. 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.

The President may grant awards of performance pay under subsection (b)(3) of this section 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) of this section (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.

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Versions

Dec 8, 2004 – presentcurrentviewing
Annual edition
Subsec. (b)(4). Pub. L. 108–447 inserted “, or the limitation under section 3962(a)(3) of this title, whichever is higher” before period at end.
▸ what changed
Source credit
Pub. L. 108–447, div. B, title IV, § 412(b), Dec. 8, 2004, 118 Stat. 2905.
Sep 30, 2002 – Dec 8, 2004
Annual edition
Subsec. (b)(3). Pub. L. 107–228 inserted second sentence and struck out former second sentence which read as follows: “Payments under this paragraph to a member of the Senior Foreign Service may not exceed $10,000 in any fiscal year, except that payments of up to $20,000 in any fiscal year may be made under this paragraph to up to 1 percent of the members of the Senior Foreign Service.”
▸ what changed changes vs current →
Source credit
Pub. L. 107–228, div. A, title III, § 312(a), Sept. 30, 2002, 116 Stat. 1378
Nov 29, 1999 – Sep 30, 2002
Annual edition
Subsec. (b)(1). Pub. L. 106–113 substituted “33” for “50”.
▸ what changed changes vs current →
Source credit
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 323], Nov. 29, 1999, 113 Stat. 1536, 1501A–437
Oct 27, 1998 – Nov 29, 1999
Annual edition
Subsec. (a). Pub. L. 105–277, § 2311(a)(1), substituted “Subject to subsection (e), members” for “Members” in introductory provisions.
changes vs current →
Source credit
Pub. L. 105–292, title V, § 504(a), Oct. 27, 1998, 112 Stat. 2811
Oct 21, 1998 – Oct 27, 1998
Amended · full text not held
Subsec. (a). Pub. L. 105–277, § 2311(a)(1), substituted “Subject to subsection (e), members” for “Members” in introductory provisions.
Source credit
Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2311(a), Oct. 21, 1998, 112 Stat. 2681–826
Apr 30, 1994 – Oct 21, 1998
Annual edition
Subsec. (b)(4). Pub. L. 103–236 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The total amount of basic salary plus performance pay received in any fiscal year by any member of the Senior Foreign Service may not exceed the salary payable for level I of the Executive Schedule under section 5312 of title 5 as in effect at the end of that fiscal year. Any amount which is not paid to a member of the Senior Foreign Service during a fiscal year because of this limitation shall be paid to that individual in a lump sum at the beginning of the following fiscal year. Any amount paid under this authority during a fiscal year shall be taken into account for purposes of applying the limitation in the first sentence of this subparagraph with respect to such fiscal year.”
changes vs current →
Source credit
Pub. L. 103–236, title I, § 173(d), Apr. 30, 1994, 108 Stat. 412
Dec 22, 1987 – Apr 30, 1994
Amended · full text not held
Subsec. (b)(4), (5). Pub. L. 100–204 inserted at end of par. (4) “Any amount which is not paid to a member of the Senior Foreign Service during a fiscal year because of this limitation shall be paid to that individual in a lump sum at the beginning of the following fiscal year. Any amount paid under this authority during a fiscal year shall be taken into account for purposes of applying the limitation in the first sentence of this subparagraph with respect to such fiscal year.” and added par. (5).
Source credit
Pub. L. 100–204, title I, § 175(b), Dec. 22, 1987, 101 Stat. 1361
Oct 17, 1980 – Dec 22, 1987
Enacted · full text not held
Source credit
Pub. L. 96–465, title I, § 405, Oct. 17, 1980, 94 Stat. 2088

See all changes since 1994 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1994; earlier amendments are recorded by date and act, without pre-1994 full text.

Practice areas using this title

International Law