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22 U.S.C. § 3965 — Performance pay

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3965 — Performance pay

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Stable record: federal_law:legal_authorities:record_usc_ac2ec6df7bd655637784e589
Source file: Laws/federal/codes/united-states-code/title-22/section-3965-performance-pay--90de8df265.md
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Source location: Title 22, Chapter 52, § 3965; chapter-052-foreign-service.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim) and rank awards under [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507/e/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5307&num=0&edition=prelim), or the limitation under [section 3962(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962/a/3&num=0&edition=prelim), whichever is higher. (5) The Secretary of State shall prescribe regulations, consistent with [section 5582 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5582&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4002&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5307 — Limitation on certain payments

**(a)** (1) Except as otherwise permitted by or under law, or as otherwise provided under subsection (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. (2) This section shall not apply to any payment under— (A) subchapter III or VII of chapter 55 or section 5596; (B) chapter 57 (other than section 5753, 5754, 5755, or 5757); 11 See References in Text note below. or (C) chapter 59 (other than section 5925, 5928, 5941(a)(2), or 5948). **(b)** (1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. (2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying 22 So in original. Probably should be “applying”. the limitations under subsection (a) with respect to such calendar year. **(c)** The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made. **(d)** (1

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5 U.S.C. § 5312 — Positions at level I

Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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5 U.S.C. § 4507 — Awarding of ranks in the Senior Executive Service

**(a)** For the purpose of this section, “agency”, “senior executive”, and “career appointee” have the meanings set forth in [section 3132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim). **(b)** Each agency shall submit annually to the Office recommendations of career appointees in the agency to be awarded the rank of Meritorious Executive or Distinguished Executive. The recommendations may take into account the individual’s performance over a period of years. The Office shall review such recommendations and provide to the President recommendations as to which of the agency recommended appointees should receive such rank. **(c)** During any fiscal year, the President may, subject to subsection (d) of this section, award to any career appointee recommended by the Office the rank of— (1) Meritorious Executive, for sustained accomplishment, or (2) Distinguished Executive, for sustained extraordinary accomplishment. A career appointee awarded a rank under paragraph (1) or (2) of this subsection shall not be entitled to be awarded that rank during the following 4 fiscal years. **(d)** During any fiscal year— (1) the number of career appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the Senior Executive Service; and (2) the number of career appointees awarded the rank of Distinguished Executive may not exceed 1 percent of the Senior Executive Service. **(e)** (1) Receipt by a career appointee of the rank of Meritorious Executive entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under [section 5382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC

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22 U.S.C. § 3950 — Reemployment rights following limited appointment

Any employee of an agency who accepts a limited appointment in the Service with the consent of the head of the agency in which the employee is employed shall be entitled, upon the termination of such limited appointment, to be reemployed in accordance with [section 3597 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3597&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4001&num=0&edition=prelim); (2) awards of performance pay under [section 3965(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3965/c&num=0&edition=prelim); (3) denials of within-class step increases under [section 3966(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3966/a&num=0&edition=prelim); (4) offer or renewal of limited career extensions under [section 4007(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4007/b&num=0&edition=prelim); 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 [sec

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5384 — Performance awards in the Senior Executive Service

**(a)** (1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section. (2) Such awards shall be paid in a lump sum and shall be in addition to the basic pay paid under [section 5382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) or any award paid under [section 4507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). **(b)** (1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee’s most recent performance appraisal and rating under subchapter II of chapter 43 of this title. (2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee’s rate of basic pay. (3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of— (A) an amount equal to 10 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or (B) an amount equal to 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year. **(c)** (1) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314&num=0&edition=prelim).

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5 U.S.C. § 5582 — Designation of beneficiary; order of precedence

**(a)** The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under regulations promulgated— (1) by the Director of the Office of Personnel Management or his designee, in the case of an employee of an executive agency; (2) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, in the case of an employee of the legislative branch; and (3) by the Chief Justice of the United States or his or her designee, in the case of an employee of the judicial branch. **(b)** In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid:First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency before his death. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed legal representative of the estate of the employee. Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death.

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22 U.S.C. § 3962 — Salaries of Senior Foreign Service members

**(a) Prescription by President; basic salary rates; adjustments; determinations by Secretary** (1) The President shall prescribe salary classes for the Senior Foreign Service and shall prescribe an appropriate title for each class. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim). (2) The Secretary shall 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-s

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22 U.S.C. § 4153 — Conversion to Senior Foreign Service

**(a) Criteria; application less than 120 days after effective date of Foreign Service Act of 1980** Foreign Service officers and Foreign Service Reserve officers with limited or unlimited tenure who, immediately before February 15, 1981, are serving under appointments at class 2 or a higher class of the schedule established under section 412 or 414 of the Foreign Service Act of 1946 may at any time within 120 days after such date submit to the Secretary a written request for appointment to the Senior Foreign Service. **(b) Limited appointment** Except as provided in subsection (d), if a request is submitted under subsection (a) by a Foreign Service Reserve officer with limited tenure, the Secretary shall grant to such officer a limited appointment to the Senior Foreign Service in the appropriate class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim). **(c) Career appointment** If a request is submitted under subsection (a) by a Foreign Service officer or, except as provided in subsection (d), a Foreign Service Reserve officer with unlimited tenure, the Secretary shall recommend to the President a career appointment of such officer, by and with the advice and consent of the Senate, to the Senior Foreign Service in the appropriate class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim). **(d) Availability for worldwide assignment** If the Secretary determines that a Foreign Service Reserve officer with limited or unlimited tenure who submits a request under subsection (a) is not available for worldwide assignment, an appointment under subsection (b) or a recommendation f

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 8262 — Personnel policies at the Department of State

In addition to the awards and other incentives already implemented, the Secretary should increase incentives for members of the Foreign Service and other employees of the Department who take assignments relating to the promotion of democracy and the protection of human rights, including the following: (1) Providing performance pay under [section 3965 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3965&num=0&edition=prelim) to such members and employees who carry out their assignment in an outstanding manner. (2) Considering such an assignment as a basis for promotion into the Senior Foreign Service. (3) Providing Foreign Service Awards under [section 4013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4013&num=0&edition=prelim) to such members and employees who provide distinguished or meritorious service in the promotion of democracy or the protection of human rights.

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