Page:United States Statutes at Large Volume 123.djvu/2639

 123STA T . 2 6 1 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Subti t leB—Non-F o r ei g n A re aR etire m ent Eq uit y A s suran c e SEC.19 11. S HORT T I T L E. This s ubt it lemay be c ite d as the ‘ ‘ Non-F o r ei g n A rea R etirement Eq uity Assurance Act o f20 0 9’ ’ or the ‘‘Non-Foreign AREA Act of 2009’’ . SEC. 191 2 .E X TE N SION O F LOC A LIT YP AY. ( a )LOCALITY - B A SEDC O MP A R ABILITY P AYME N TS. —S ection 53 0 4 of title 5 ,U nited States Code, is amended— ( 1 ) in subsection (f)(1), by stri k ing sub p aragraph (A) and inserting the follo w ing ‘‘(A) each G eneral Schedule position in the United States, as defined under section 5921(4), and its territories and posses- sions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern M ariana I slands, shall be included within a pay locality and’’; (2) in subsection (g)— (A) in paragraph (2)— (i) by striking ‘‘and’’ at the end of subparagraph (A); and (ii) by striking subparagraph ( B ) and inserting the following: ‘‘(B) positions under subsection (h)(1)(C) not co v ered by appraisal systems certified under subsection 530 7 (d); and ‘‘(C) any positions under subsection (h)(1)( D ) as the Presi- dent may determine.’’; and (B) by adding at the end the following: ‘‘(3) The applicable ma x imum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1)(C) covered by appraisal systems certified under section 5307(d).’’; (3) in subsection (h)(1)— (A) in subparagraph (B), by striking ‘‘and’’ after the semicolon; (B) by redesignating subparagraph (C) as subpara- graph (D); (C) by inserting after subparagraph (B) the following: ‘‘(C) a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 537 6 stationed within the United States, but outside the 4 8 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the effective date of section 1912 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941 and who thereafter has served continuously in an area in which such an allowance was payable; and’’; (D) in clause (iv) (in the matter following subparagraph (D)), by inserting ‘‘, except for a position covered by subparagraph (C)’’ before the semicolon; (E) in clause (v) (in the matter following subparagraph (D)), by inserting ‘‘, except for a position covered by subparagraph (C)’’ before the semicolon; and Non-F o reig n A re aR e t ire m ent Equ it y A s suran c e Act o f20 0 9.5USC 5 3 0 4 note.