§ 3965. Performance pay
(a)
Eligibility; additional lump sum payment; excessive compensation not precluding award
Subject to subsection (e) of this section, members of the Senior Foreign Service who are serving—
(2)
under limited appointments with reemployment rights under section
3950 of this title 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 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 and rank awards under section
4507 of title
5. 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 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.
(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) of this section 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.
(d)
Recommendations for meritorious or distinguished service awards
The President may grant awards of performance pay under subsection (b)(3) of this section 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) of this section (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.