2004—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.
2002—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.”
1999—Subsec. (b)(1). Pub. L. 106–113 substituted “33” for “50”.
1998—Subsec. (a). Pub. L. 105–277, § 2311(a)(1), substituted “Subject to subsection (e), members” for “Members” in introductory provisions.
Subsec. (d). Pub. L. 105–292 inserted “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.” after first sentence.
Subsec. (e). Pub. L. 105–277, § 2311(a)(2), added subsec. (e).
1994—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.”
1987—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).
Senior Foreign Service Performance Pay
Pub. L. 103–236, title I, § 173(a)–(c), Apr. 30, 1994, 108 Stat. 412, as amended by Pub. L. 103–415, § 1(gg), Oct. 25, 1994, 108 Stat. 4303, provided that:
“(a)Prohibition on Awards.—
Notwithstanding any other provision of law, the Secretary
of State may not award
or pay performance payments for fiscal years 1994 and 1995 under section 405 of the Foreign Service
Act of 1980 (22 U.S.C. 3965
), unless the Secretary
awards or pays performance awards
to other Federal employees
for such fiscal years.
“(b)Awards in Subsequent Fiscal Years.—
may not make a performance award
or payment in any fiscal year after a fiscal year referred to in subsection (a) for the purpose of providing an individual with a performance award
or payment to which the individual would otherwise have been entitled in a fiscal year referred to in such subsection but for the prohibition described in such subsection.
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title, and for abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.]
Review of Performance Pay Programs
Pub. L. 100–204, title I, § 175(a), Dec. 22, 1987, 101 Stat. 1361, provided that:
“(1)Suspension of during review.—
During the period beginning on the date of enactment of this Act [Dec. 22, 1987
], and ending on the date on which the Inspector General of the Department
of State reports to the Congress pursuant to paragraph (2), performance pay may not be awarded under section 405 of the Foreign Service
Act of 1980 (22 U.S.C. 3965
) to any member of the Senior Foreign Service
in the Department
“(2)Review by inspector general.—The Inspector General of the Department of State shall conduct a complete and thorough review of—
the procedures in the Department
of State under which performance pay recipients are chosen to determine whether the procedures and award
determinations are free from bias and reflect fair standards; and
the adequacy of the criteria and the equity of the criteria actually applied in making those awards
The review should be conducted in accordance with generally accepted Government
auditing standards. The Inspector General shall report the results of this review to the Secretary
of State and to the Congress no later than May 1, 1988
“(3)Report by of state.—
No later than 60 days after the report of the Inspector General is submitted to the Secretary
of State under paragraph (2), the Secretary
shall submit to the Congress a report containing the comments of the Secretary
on the report of the Inspector General and describing the actions taken and proposed to be taken by the Secretary
as a result of the report.”