IB 
Union Calendar No. 571 
110TH CONGRESS 
2D SESSION 
H. R. 3202 
[Report No. 110–877, Part I] 
To amend the Foreign Service Act of 1980 to extend comparability pay 
adjustments to members of the Foreign Service assigned to posts abroad, 
and to amend the provision relating to the death gratuity payable to 
surviving dependents of Foreign Service employees who die as a result 
of injuries sustained in the performance of duty abroad. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2007 
Mr. SMITH of New Jersey (for himself, Mr. PAYNE, Mr. SCOTT of Georgia, 
Mr. TOM DAVIS of Virginia, Mr. VAN HOLLEN, and Mr. WOLF) intro-
duced the following bill; which was referred to the Committee on Foreign 
Affairs, and in addition to the Committee on Oversight and Government 
Reform, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
SEPTEMBER 24, 2008 
Reported from the Committee on Foreign Affairs with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 24, 2008 
Additional sponsors: Ms. WATSON, Mr. KIRK, Mr. MORAN of Virginia, Mr. 
HONDA, Mr. WEXLER, Mr. MEEKS of New York, Ms. JACKSON-LEE of 
Texas, Mrs. MALONEY of New York, Mr. JEFFERSON, Mr. MILLER of 
North Carolina, Mr. WU, Mr. FALEOMAVAEGA, Mr. MCDERMOTT, Ms. 
LEE, Mr. SHAYS, Mr. WELCH of Vermont, Mr. FORTUN˜O, Mr. HODES, 
Mr. SIRES, Mr. ACKERMAN, Mr. BOUSTANY, Mr. BOUCHER, Mr. RAN-
GEL, and Mr. CARSON 
SEPTEMBER 24, 2008 
Committee on Oversight and Government Reform discharged; committed to 
the Committee of the Whole House on the State of the Union and or-
dered to be printed 
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[For text of introduced bill, see copy of bill as introduced on July 27, 2007] 
A BILL 
To amend the Foreign Service Act of 1980 to extend com-
parability pay adjustments to members of the Foreign 
Service assigned to posts abroad, and to amend the 
provision relating to the death gratuity payable to sur-
viving dependents of Foreign Service employees who die 
as a result of injuries sustained in the performance of 
duty abroad. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Service Overseas 
Pay Equity Act of 2008’’. 
SEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 
(a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 
(1) IN
GENERAL.—Chapter 4 of the Foreign 
Service Act of 1980 (22 U.S.C. 3961 and following) 
is amended by adding at the end the following: 
‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 
‘‘(a) IN GENERAL.—A member of the Service who is 
designated class 1 or below for purposes of section 403 and 
whose official duty station is neither in the continental 
United States nor in a non-foreign area shall receive, in 
accordance with the phase-in schedule set forth in subsection 
(c), the same locality-based comparability payment under 
section 5304 of title 5, United States Code (stated as a per-
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centage) as would be payable to such member if such mem-
ber’s official duty station were in the District of Columbia. 
‘‘(b) TREATMENT AS BASIC PAY.—The amount of any 
locality-based comparability payment which is payable to 
a member of the Service by virtue of this section— 
‘‘(1) shall be considered to be part of the basic 
pay of such member— 
‘‘(A) for the same purposes as provided for 
under section 5304(c)(2)(A) of title 5, United 
States Code; and 
‘‘(B) for purposes of chapter 8; and 
‘‘(2) shall be subject to any limitations on pay 
applicable to locality-based comparability payments 
under section 5304 of title 5, United States Code. 
‘‘(c) PHASE-IN.—The locality-based comparability 
payment payable to a member of the Service under this sec-
tion shall— 
‘‘(1) beginning on the first day of the first pay 
period beginning on or after
the date that fiscal 
year 2009 appropriations are made available by en-
actment of
the Department of State, Foreign Oper-
ations, and Related
Programs Appropriations Act, 
2009,
or April 1, 2009, whichever is earlier, be equal 
to 33.33 percent of the payment which would other-
wise apply under subsection (a); 
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‘‘(2) beginning on the first day of the first pay 
period in fiscal year 2010, be equal to 66.67 percent 
of the payment which would otherwise apply under 
subsection (a); and 
‘‘(3) beginning on the first day of the first pay 
period in fiscal year 2011 and each subsequent fiscal 
year, be equal to the payment determined under sub-
section (a). 
‘‘(d) NON-FOREIGN AREA DEFINED.—For purposes of 
this section, the term ‘non-foreign area’ has the same mean-
ing as is given such term in regulations carrying out sec-
tion 5941 of title 5, United States Code.’’. 
(2) CONFORMING
AMENDMENT.—The table of 
contents set forth in section 2 of such Act is amended 
by inserting after the item relating to section 414 the 
following: 
‘‘Sec. 415. Overseas comparability pay adjustment.’’. 
(b) CONFORMING AMENDMENTS RELATING
TO
THE 
FOREIGN SERVICE RETIREMENT SYSTEMS.— 
(1) CONTRIBUTIONS TO THE FUND.—Effective as 
of the first pay period beginning on or after October 
1, 2010, section 805(a) of the Foreign Service Act of 
1980 (22 U.S.C. 4045(a)) is amended— 
(A) in paragraph (1)— 
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(i) in the first sentence, by striking 
‘‘7.25 percent’’ and inserting ‘‘7 percent’’; 
and 
(ii) in the second sentence, by striking 
‘‘The contribution by the employing agen-
cy’’ through ‘‘and shall be made’’ and in-
serting ‘‘An equal amount shall be contrib-
uted by the employing agency’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
plus an amount equal to .25 percent of 
basic pay’’; and 
(ii) in subparagraph (B), by striking 
‘‘, plus an amount equal to .25 percent of 
basic pay’’; and 
(C) in paragraph (3), by striking all that 
follows ‘‘Code’’ and inserting a period. 
(2) 
COMPUTATION
OF
ANNUITIES.—Section 
806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is 
amended by striking ‘‘is outside the continental 
United States shall’’ and inserting ‘‘was outside the 
continental United States during the period begin-
ning on December 29, 2002, and ending on the day 
before the first day of the first pay period beginning 
on or after October 1, 2010 (or during any portion 
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