April 1, 2010, is serving at a duty station for which, 
if this title had not been enacted, such member 
would, as of such first day, have been eligible to re-
ceive— 
(A) a locality-based comparability payment 
under section 5304 of title 5, United States 
Code, equal to a percentage greater than the 
percentage described in subsection (a)(1)(B); or 
(B) an allowance under section 5941 of 
title 5, United States Code, equal to a percent-
age greater than the percentage described in 
subsection (a)(1)(B). 
Any determination of eligibility under this paragraph 
shall be made applying the same criteria, require-
ments, and other terms or conditions as were in ef-
fect, with respect to the payment or allowance in-
volved, at the end of the last pay period before the 
pay period referred to in the preceding sentence. 
(2) NONREDUCTION
RULES.—The Secretary 
concerned shall by regulation provide for the fol-
lowing: 
(A) LOCALITY-BASED COMPARABILITY PAY-
MENT.—A member of the Foreign Service to 
whom this subsection applies by virtue of para-
graph (1)(A) shall be entitled to a temporary 
VerDate Aug 31 2005 
23:02 Jul 28, 2007
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3203.IH
H3203
mstockstill on PROD1PC66 with BILLS
supplement equal to the amount necessary to 
prevent a reduction in pay at the time of con-
version to the Foreign Service Schedule estab-
lished on the date described in section 101(f). 
The temporary supplement shall be expressed 
as an annual rate and paid biweekly. The tem-
porary supplement shall be considered basic pay 
for the same purposes as a locality-based com-
parability payment under section 5304 of title 
5, United States Code. The amount of the tem-
porary supplement shall be fixed and not sub-
ject to adjustment, but shall be discontinued 
under the conditions set forth in paragraph (3). 
(B) NONFOREIGN
AREA
ALLOWANCE.—A 
member of the Foreign Service to whom this 
subsection applies by virtue of paragraph 
(1)(B) shall be entitled to a temporary allow-
ance equal to the amount necessary to prevent 
a reduction in pay at the time of conversion to 
the Foreign Service Schedule established on the 
date described in section 101(f). The temporary 
allowance shall be expressed as an annual rate 
and paid biweekly. The temporary allowance 
shall be treated, for all purposes, as if it were 
an allowance under section 5941 of title 5, 
VerDate Aug 31 2005 
23:02 Jul 28, 2007
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3203.IH
H3203
mstockstill on PROD1PC66 with BILLS
United States Code. The amount of the tem-
porary allowance shall be fixed and not subject 
to adjustment, but shall be discontinued under 
the conditions set forth in paragraph (3). 
(3) CONDITIONS
FOR
CONTINUED
APPLICA-
BILITY.—The provisions of this subsection shall re-
main in effect with respect to a member only for so 
long as such member remains— 
(A) continuously assigned to the same duty 
station (as described in paragraph (1)); and 
(B) subject to the Foreign Service Sched-
ule established under section 403 of the For-
eign Service Act of 1980 (as amended by sec-
tion 101). 
(e) MANAGEMENT RIGHT.—Adjustments made under 
section 102(c) and subsections (a)(3), (c), and (d) of this 
section— 
(1) shall be considered a management right 
under section 1005(a) of the Foreign Service Act of 
1980; and 
(2) are not grievances under section 1101(b) of 
such Act. 
VerDate Aug 31 2005 
23:02 Jul 28, 2007
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3203.IH
H3203
mstockstill on PROD1PC66 with BILLS
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) FOREIGN SERVICE ACT OF 1980.—The Foreign 
Service Act of 1980 (22 U.S.C. 3901 et seq.) is amend-
ed— 
(1) 
in 
section 
402(a)(2) 
(22 
U.S.C. 
3962(a)(2)), by inserting ‘‘under precepts prescribed 
by the Secretary’’ after ‘‘system’’; 
(2) in section 602(a) (22 U.S.C. 4002(a)), by 
amending paragraph (3) to read as follows: 
‘‘(3) approvals or denials of performance-based 
salary adjustments under sections 402(a)(2) and 
406(a)’’; 
(3) in section 605 (22 U.S.C. 4005)— 
(A) in subsection (a)— 
(i) by inserting ‘‘and performance- 
based salary adjustments under sections 
402(a)(2) 
and 
406(a)’’ 
after 
‘‘Rec-
ommendations for promotion’’; and 
(ii) by inserting ‘‘and performance- 
based salary adjustments’’ after ‘‘shall 
make promotions’’; and 
(B) in subsection (b)— 
(i) by inserting ‘‘or precepts pre-
scribed by the Secretary’’ after ‘‘set forth 
by regulation’’; and 
VerDate Aug 31 2005 
23:02 Jul 28, 2007
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3203.IH
H3203
mstockstill on PROD1PC66 with BILLS
(ii) by inserting ‘‘or salary adjust-
ment’’ after ‘‘delay the promotion’’; 
(4) in section 606 (22 U.S.C. 4006)— 
(A) in subsection (a)(4), by striking ‘‘with-
in-class salary increase’’ and inserting ‘‘per-
formance-based salary adjustment’’; and 
(B) in subsection (b), by striking ‘‘within- 
class salary increases’’ and inserting ‘‘perform-
ance-based salary adjustments’’; 
(5) 
in 
section 
806(a)(9) 
(22 
U.S.C. 
4046(a)(9)), by adding at the end the following: 
‘‘This paragraph shall not apply to service per-
formed on or after the first day of the first pay pe-
riod beginning on or after April 1, 2010.’’; 
(6) 
in 
section 
855(a)(3) 
(22 
U.S.C. 
4071d(a)(3)), by adding at the end the following: 
‘‘This paragraph shall not apply to service per-
formed on or after the first day of the first pay pe-
riod beginning on or after April 1, 2010.’’; 
(7) in section 1005(a) (22 U.S.C. 4105(a))— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
VerDate Aug 31 2005 
23:02 Jul 28, 2007
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3203.IH
H3203
mstockstill on PROD1PC66 with BILLS
‘‘(8) to make determinations under sections 
402(a)(2) and 406(a), to make salary adjustments 
under section 406(c), or to make allocations under 
section 406(d).’’; and 
(8) in section 1101(b) (22 U.S.C. 4131(b))— 
(A) in paragraph (3), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(5) judgments with respect to— 
‘‘(A) salary determinations under sections 
402(a)(2) and 406(a); 
‘‘(B) salary adjustments under sections 
406(c); or 
‘‘(C) allocations under section 406(d).’’. 
(b) TITLE 5, UNITED STATES CODE.—Title 5, 
United States Code, is amended— 
(1) in chapter 53— 
(A) in section 5302(1)— 
(i) in subparagraph (A), by adding 
‘‘or’’ at the end; 
(ii) by striking subparagraph (B); and 
(iii) by redesignating subparagraph 
(C) as subparagraph (B); and 
VerDate Aug 31 2005 
23:02 Jul 28, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3203.IH
H3203
mstockstill on PROD1PC66 with BILLS