§ 3974. — Border equalization pay adjustment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3974]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER IV--COMPENSATION
Sec. 3974. Border equalization pay adjustment
(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 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;
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).
(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.
(d) Regulations
The heads of the agencies referred to in subsection (b)(2) of this
section may prescribe regulations to carry out this section.
(Pub. L. 96-465, title I, Sec. 414, as added Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. A, title III, Sec. 333(a)], Nov. 29, 1999, 113
Stat. 1536, 1501A-439.)
