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22 U.S.C. § 3974 — Border equalization pay adjustment
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An employee who regularly commutes from the employee’s place of residence in the continental United States to an official duty station in Canada or Mexico shall receive a border equalization pay adjustment equal to the amount of comparability payments under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) that the employee would receive if the employee were assigned to an official duty station within the United States locality pay area closest to the employee’s official duty station.
**(b) Employee defined** For purposes of this section, the term “employee” means a person who—
(1) is an “employee” as defined under [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); and
(2) is employed by the Department of State, the United States Agency for International Development, or the International Joint Commission of the United States and Canada (established under Article VII of the treaty signed January 11, 1909) (36 Stat. 2448), except that the term shall not include members of the Service (as specified in [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3903&num=0&edition=prelim)).
**(c) Treatment as basic pay** An equalization pay adjustment paid under this section shall be considered to be part of basic pay for the same purposes for which comparability payments are considered to be part of basic pay under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim).
**(d) Regulations** The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry
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Stable record: federal_law:legal_authorities:record_usc_521fa8085b424dcfedbe4db5
Source file: Laws/federal/codes/united-states-code/title-22/section-3974-border-equalization-pay-adjustment--ddba1fb8b4.md
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Passage SHA-256: 8eb2c4ff3bffc5359d604f208d47463a3b3ecb4f0786bc2339aa8015de948af6
Source location: Title 22, Chapter 52, § 3974; chapter-052-foreign-service.md
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**(a) In general** An employee who regularly commutes from the employee’s place of residence in the continental United States to an official duty station in Canada or Mexico shall receive a border equalization pay adjustment equal to the amount of comparability payments under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) that the employee would receive if the employee were assigned to an official duty station within the United States locality pay area closest to the employee’s official duty station.
**(b) Employee defined** For purposes of this section, the term “employee” means a person who—
(1) is an “employee” as defined under [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); and
(2) is employed by the Department of State, the United States Agency for International Development, or the International Joint Commission of the United States and Canada (established under Article VII of the treaty signed January 11, 1909) (36 Stat. 2448), except that the term shall not include members of the Service (as specified in [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3903&num=0&edition=prelim)).
**(c) Treatment as basic pay** An equalization pay adjustment paid under this section shall be considered to be part of basic pay for the same purposes for which comparability payments are considered to be part of basic pay under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim).
**(d) Regulations** The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Pay disparities shall be identified and reduced as follows:
(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent.
(2)
(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year.
(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year.
(3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that—
(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(C) the percentage for the third calendar year in which any amounts are payable under this section may not be le
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
The following are the members of the Service:
(1) Chiefs of mission, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim) or assigned under [section 3982(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3982/c&num=0&edition=prelim).
(2) Ambassadors at large, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim).
(3) Members of the Senior Foreign Service, appointed under section 3942(a)(1) or 3943 of this title, who are the corps of leaders and experts for the management of the Service and the performance of its functions.
(4) Foreign Service officers, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim), who have general responsibility for carrying out the functions of the Service.
(5) Foreign Service personnel, United States citizens appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), who provide skills and services required for effective performance by the Service.
(6) Foreign national employees, foreign nationals appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), who provide clerical, administrative, technical, fiscal, and other support at Foreign Service posts abroad.
(7) Consular agents, appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
Page 1452
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3974
(d) Eligibility to elect monthly compensation as
condition to payment
A death gratuity payment shall be made under
this section only if the survivor entitled to pay-
ment under subsection (c) is entitled to elect
monthly compensation under section 8133 of
title 5, because the death resulted from an in-
jury (excluding a disease proximately caused by
the employment) sustained in the performance
of duty, without regard to whether such sur-
vivor elects to waive compensation under such
section 8133.
(e) Definitions
As used in this section—
(1) the term ‘‘Foreign Service employee’’
means any member of the Service or United
States representative to an international or-
ganization or commission; and
(2) each of the terms ‘‘widow’’, ‘‘widower’’,
‘‘child’’, and ‘‘parent’’ shall have the same
meaning given each such term by section 8101
of title 5.
(Pub. L. 96–465, title I, § 413, Oct. 17, 1980, 94 Stat.
2092; Pub. L. 113–76, div. K, title VII, § 7082(a),
Jan. 17, 2014, 128 Stat. 565.)
Editorial Notes
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–76, § 7082(a)(1), sub-
stituted ‘‘at level II of the Executive Schedule under
section 5313 of title 5, United States Code, at the time
of death, except that for employees compensated under
local compensation plans established under section 3968
of this title the amount shall be equal to the greater of
either one year’s salary at the time of death, or one
year’s basic salary at the highest step of the highest
grade on the local compensation plan from which the
employee was being paid at the time of death’’ for ‘‘at
the time of death’’.
Subsec. (b). Pub. L. 113–76, § 7082(a)(2), (3), added sub-
sec. (b) and redesignated former subsec. (b) as (d).
Former
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3974
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