{"identifier":"/us/usc/t22/s3974","title":22,"num":"\u00a7\u202f3974.","heading":"Border equalization pay adjustment","text":"\u00a7\u202f3974.\nBorder equalization pay adjustment\n(a)\nIn general\nAn employee who regularly commutes from the employee\u2019s 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\nsection 5304 of title 5\n(b)\nEmployee defined\nFor purposes of this section, the term \u201cemployee\u201d means a person who\u2014\n(1) is an \u201cemployee\u201d as defined under\nsection 2105 of title 5\n(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\nJanuary 11, 1909\n36 Stat. 2448\nsection 3903 of this title\n(c)\nTreatment as basic pay\nAn 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\nsection 5304 of title 5\n(d)\nRegulations\nThe heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.","url":"https://projectusc.org/usc/t22/s3974.html","content":[{"t":"sec","id":"/us/usc/t22/s3974","children":[{"t":"num","text":"\u00a7\u202f3974."},{"t":"heading","text":"Border equalization pay adjustment"},{"t":"subsec","id":"/us/usc/t22/s3974/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"An employee who regularly commutes from the employee\u2019s 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 ","children":[{"t":"ref","text":"section 5304 of title 5","href":"/us/usc/t5/s5304","tail":" 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\u2019s official duty station."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s3974/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Employee defined"},{"t":"chapeau","text":"For purposes of this section, the term \u201cemployee\u201d means a person who\u2014"},{"t":"para","id":"/us/usc/t22/s3974/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" is an \u201cemployee\u201d as defined under ","children":[{"t":"ref","text":"section 2105 of title 5","href":"/us/usc/t5/s2105","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s3974/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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 ","children":[{"t":"text","text":"January 11, 1909","tail":") ("},{"t":"ref","text":"36 Stat. 2448","href":"/us/stat/36/2448","tail":"), except that the term shall not include members of the Service (as specified in "},{"t":"ref","text":"section 3903 of this title","href":"/us/usc/t22/s3903","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s3974/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Treatment as basic pay"},{"t":"content","children":[{"t":"p","text":"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 ","children":[{"t":"ref","text":"section 5304 of title 5","href":"/us/usc/t5/s5304","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s3974/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Regulations"},{"t":"content","children":[{"t":"p","text":"The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}