22 U.S.C. § 3974 | Border equalization pay adjustment

(a)

In general

section 5304 of title 5An 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 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)

section 2105 of title 5 is an “employee” as defined under ; and

(2)

January 11, 190936 Stat. 2448 section 3903 of this title 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 ) (), except that the term shall not include members of the Service (as specified in ).

(c)

Treatment as basic pay

section 5304 of title 5An 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 .

(d)

Regulations

The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.

Pub. L. 96–465, title I, § 414 Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 333(a)]Nov. 29, 1999113 Stat. 1536(, as added , , , 1501A–439.)