123STA T . 2 6 22 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(3)con c ur r e n twi t h the s ur v e y sne x t con d ucted under the p rovisions o f section 5 3 04 (d)( 1 )( A )oftit l e5 ,U nited S t a tes C ode, b e g inning after the date of the enact m ent of this Act, the B ureau of L abor Statistics should conduct separate surveys to determine the extent of any pay disparity (as defined by section 530 2 of that title) that may exist with respect to posi - tions located in the State of Alas k a, the State of H awaii, and the United States territories, including American Samoa, G uam, Commonwealth of the N orthern M ariana I slands, Commonwealth of P uerto R ico, and the United States V irgin Islands
(4) if the surveys under paragraph (3) indicate that the pay disparity determined for the State of Alaska, the State of Hawaii, or any 1 of the United States territories including American Samoa, Guam, Commonwealth of the Northern Mar- iana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands exceeds the pay disparity determined for the locality which (for purposes of section 5304 of that title) is commonly known as the ‘ ‘Rest of the United States ’ ’, the President’s Pay Agent should take appropriate measures to provide that each such surveyed area be treated as a separate pay locality for purposes of that section; and (5) the President’s Pay Agent will establish 1 locality area for the entire State of Hawaii and 1 locality area for the entire State of Alaska . (b) S AVINGS P RO VISIONS. — (1)ING E NERA L .— D uring the transition period described in section 1 9 14 ending on the first day of the first pay period beginning on or after J anuary 1, 2012, an employee paid a special rate under 5305 of title 5, United States Code, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, and who continues to be officially sta- tioned in an allowance area, shall receive an increase in the employee’s special rate consistent with increases in the applicable special rate schedule. F or employees in allowance areas, the minimum step rate for any grade of a special rate schedule shall be increased at the time of an increase in the applicable locality rate percentage for the allowance area by not less than the dollar increase in the locality-based com- parability payment for a non-special rate employee at the same minimum step provided under section 1914 of this subtitle, and corresponding increases shall be provided for all step rates of the given pay range. (2) CON T IN U ATION O FC OST OF LIVING ALLO W ANCE RATE.— If an employee, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, would receive a rate of basic pay and applicable locality-based comparability payment which is in excess of the maximum rate limitation set under section 5304(g) of title 5, United States Code, for his position (but for that maximum rate limitation) due to the operation of this subtitle, the employee shall continue to receive the cost-of-living allowance rate in effect on December 31, 2009 without ad j ustment until— (A) the employee leaves the allowance area or pay system; or Timep e r i od.
