22 U.S.C. § 3971 — Temporary service as principal officer

Page 1451 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3973 (1) the termination of the period of impris- onment giving rise to the claim, or (2) the date of the claimant’s first oppor- tunity thereafter to file such a claim, as deter- mined by the appropriate agency head. (d) Regulations The Secretary of State may prescribe regula- tions governing payments under this section by all agencies and other Government establish- ments. (Pub. L. 96–465, title I, § 410, Oct. 17, 1980, 94 Stat. 2091.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. § 3971. Temporary service as principal officer For such time (in excess of such minimum pe- riod as the Secretary of State may establish) as any member of the Service is temporarily in charge of a Foreign Service post during the ab- sence or incapacity of the principal officer, that member shall receive, in addition to the basic salary paid to the member and notwithstanding sections 5535 and 5536 of title 5, an amount equal to that portion (which the Secretary of State may determine to be appropriate) of the dif- ference between such salary and the basic salary provided for the principal officer, or, if there is no principal officer, for the former principal of- ficer. (Pub. L. 96–465, title I, § 411, Oct. 17, 1980, 94 Stat. 2091.) § 3972. Special differentials (a) Additional work requirements The Secretary may pay special differentials, in addition to compensation otherwise author- ized, to Foreign Service officers who are re- quired because of the nature of their assign- ments to perform additional work on a regular basis in substantial excess of normal require- ments. (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 investiga- tors 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 regu- larly 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 of- ficers. (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.) Editorial Notes AMENDMENTS 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.’’ § 3973. Death gratuities (a) Criteria; amount; payment deemed gift The Secretary may provide for payment of a gratuity to the surviving dependents of any For- eign Service employee, who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year’s salary at level II of the Executive Schedule under sec- tion 5313 of title 5 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. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addi- tion to any other benefit payable from any source. (b) Other executive agencies The head of an executive agency shall, pursu- ant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the survivors of any employee of that agency or of an individual in a special cat- egory serving in an uncompensated capacity for that agency, as identified in guidance issued under subsection (c), who dies as a result of inju- ries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 3927 of this title. (c) Guidance Not later than 60 days after January 17, 2014, the Secretary shall, in consultation with the heads of other relevant executive agencies, issue guidance with criteria for determining eligi- bility for, and order of payments to, survivors and beneficiaries of any employee or of an indi- vidual in a special category serving in an un- compensated capacity for that agency who dies as a result of injuries sustained in the perform- ance of duty while subject to the authority of the chief of mission pursuant to section 3927 of this title.