123STA T . 2 6 21 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9bysection19 1 4, in a cco rd ance w it h re gul ations p rescribed by the D irector o f the O ffice of P ersonnel M anage m ent under section 191 8.( b )AGENCI E SW I THS T A T U T ORY AUTHORITY. — (1) I N GENERA L .— E ach special rate of pay established under an authority described under paragraph ( 2 ) and payable in a location designated as a cost - of-li v ing allowance area under section 5 941(a)(1) of title 5, U nited States C ode, shall be ad j usted in accordance with regulations prescribed by the applicable head of the agency that are consistent with the regulations issued by the Director of the Office of Personnel Management under subsection (a). (2) STATUTORY AUTHORITY.— T he authority referred to under paragraph (1), is any statutory authority that— (A) is similar to the authority e x ercised under section 5 30 5 of title 5, United States Code
( B ) is exercised by the head of an agency when the head of the agency determines it to be necessary in order to obtain or retain the services of persons specified by statute; and (C) authori z es the head of the agency to increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations. (c) TE MP ORARY A DJ USTMENT.— R egulations issued under sub- section (a) or (b) may provide that statutory limitations on the amount of such special rates may be temporarily raised to a higher level during the transition period described in section 1914 ending on the first day of the first pay period beginning on or after J anuary 1, 2012, at which time any special rate of pay in excess of the applicable limitation shall be converted to a retained rate under section 53 6 3 of title 5, United States Code. SEC.19 1 4 . TRAN S I TI O NSC H E DUL E F OR LOCALIT Y-B ASED CO M - P ARABILITY PAYMENTS. N otwithstanding any other provision of this subtitle or section 5304 or 5304a of title 5, United States Code, in implementing the amendments made by this subtitle, for each non-foreign area determined under section 5941(b) of such title, the applicable rate for the locality-based comparability adjustment that is used in the computation re q uired under section 5941(c) of such title shall be adjusted, effective on the first day of the first pay period begin- ning on or after January 1— (1) in calendar year 2010, by using 1 / 3 of the locality pay percentage for the rest of United States locality pay area; (2) in calendar year 2011, by using 2/3 of the otherwise applicable comparability payment approved by the President for each non-foreign area; and (3) in calendar year 2012 and each subsequent year, by using the full amount of the applicable comparability payment approved by the President for each non-foreign area. SEC. 191 5 .SA V IN G S PROVISION. (a) SENSE O F CONGRESS.—It is the sense of Congress that— (1) the application of this subtitle to any employee should not result in a decrease in the ta k e home pay of that employee; (2) in calendar year 2012 and each subsequent year, no employee shall receive less than the Rest of the U.S. locality pay rate; Presid e nt.R e gula ti o ns.
