(2) who is separated from service by reason of 
retirement under chapter 83 or 84 of title 5, United 
States Code, during the period of January 1, 2010, 
through December 31, 2012; and 
(3) who files an election with the Office of Per-
sonnel Management under subsection (b). 
(b) ELECTION.— 
(1) IN
GENERAL.—An employee described 
under subsection (a) (1) and (2) may file an election 
with the Office of Personnel Management to be cov-
ered under this section. 
(2) DEADLINE.—An election under this sub-
section may be filed not later than December 31, 
2012. 
(c) COMPUTATION OF ANNUITY.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), for purposes of the computation of 
an annuity of a covered employee any cost-of-living 
allowance under section 5941 of title 5, United 
States Code, paid to that employee during the first 
applicable pay period beginning on or after January 
1, 2010, through the first applicable pay period end-
ing on or after December 31, 2012, shall be consid-
ered basic pay as defined under section 8331(3) or 
8401(4) of that title. 
VerDate Nov 24 2008 
04:04 Jun 24, 2009
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2990.IH
H2990
wwoods2 on PRODPC68 with BILLS
(2) LIMITATION.—The amount of the cost-of- 
living allowance which may be considered basic pay 
under paragraph (1) may not exceed the amount of 
the locality-based comparability payments the em-
ployee would have received during that period for 
the applicable pay area if the limitation under sec-
tion 214 of this subtitle did not apply. 
(d) CIVIL SERVICE RETIREMENT AND DISABILITY 
RETIREMENT FUND.— 
(1) EMPLOYEE
CONTRIBUTIONS.—A covered 
employee shall pay into the Civil Service Retirement 
and Disability Retirement Fund— 
(A) an amount equal to the difference be-
tween— 
(i) employee contributions that would 
have been deducted and withheld from pay 
under section 8334 or 8422 of title 5, 
United States Code, during the period de-
scribed under subsection (c) of this section 
if the cost-of-living allowances described 
under that subsection had been treated as 
basic pay under section 8331(3) or 
8401(4) of title 5, United States Code; and 
(ii) employee contributions that were 
actually deducted and withheld from pay 
VerDate Nov 24 2008 
04:04 Jun 24, 2009
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2990.IH
H2990
wwoods2 on PRODPC68 with BILLS
under section 8334 or 8422 of title 5, 
United States Code, during that period; 
and 
(B) interest as prescribed under section 
8334(e) of title 5, United States Code, based on 
the amount determined under subparagraph 
(A). 
(2) AGENCY CONTRIBUTIONS.— 
(A) IN GENERAL.—The employing agency 
of a covered employee shall pay into the Civil 
Service Retirement and Disability Retirement 
Fund an amount for applicable agency con-
tributions based on payments made under para-
graph (1). 
(B) SOURCE.—Amounts paid under this 
paragraph shall be contributed from the appro-
priation or fund used to pay the employee. 
(3) REGULATIONS.—The Office of Personnel 
Management may prescribe regulations to carry out 
this section. 
SEC. 218. REGULATIONS. 
(a) IN GENERAL.—The Director of the Office of Per-
sonnel Management shall prescribe regulations to carry 
out this subtitle, including— 
VerDate Nov 24 2008 
04:04 Jun 24, 2009
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2990.IH
H2990
wwoods2 on PRODPC68 with BILLS
(1) rules for special rate employees described 
under section 213; 
(2) rules for adjusting rates of basic pay for 
employees in pay systems administered by the Office 
of Personnel Management when such employees are 
not entitled to locality-based comparability payments 
under section 5304 of title 5, United States Code, 
without regard to otherwise applicable statutory pay 
limitations during the transition period described in 
section 214 ending on the first day of the first pay 
period beginning on or after January 1, 2012; and 
(3) rules governing establishment and adjust-
ment of saved or retained rates for any employee 
whose rate of pay exceeds applicable pay limitations 
on the first day of the first pay period beginning on 
or after January 1, 2012. 
(b) OTHER PAY SYSTEMS.—With the concurrence of 
the Director of the Office of Personnel Management, the 
administrator of a pay system not administered by the Of-
fice of Personnel Management shall prescribe regulations 
to carry out this subtitle with respect to employees in such 
pay system, consistent with the regulations prescribed by 
the Office under subsection (a). With respect to employees 
not entitled to locality-based comparability payments 
under section 5304 of title 5, United States Code, regula-
VerDate Nov 24 2008 
04:04 Jun 24, 2009
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H2990.IH
H2990
wwoods2 on PRODPC68 with BILLS
tions prescribed under this subsection may provide for spe-
cial payments or adjustments for employees who were eli-
gible to receive a cost-of-living allowance under section 
5941 of that title on the date before the date of enactment 
of this Act. 
SEC. 219. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided by subsection 
(b), this subtitle (including the amendments made by this 
subtitle) shall take effect on the date of enactment of this 
Act. 
(b) LOCALITY PAY AND SCHEDULE.—The amend-
ments made by section 212 and the provisions of section 
214 shall take effect on the first day of the first applicable 
pay period beginning on or after January 1, 2010. 
TITLE III—DEEPWATER OIL AND 
GAS RESEARCH AND DEVEL-
OPMENT 
FUNDING 
SOURCE 
REPEAL 
SEC. 301. REPEAL. 
Effective October 1, 2010, section 999H of the En-
ergy Policy Act of 2005 (42 U.S.C. 16378) is amended— 
(1) by striking subsections (a), (b), (c), and (f); 
(2) by redesignating subsections (d) and (e) as 
subsections (a) and (b), respectively; 
VerDate Nov 24 2008 
04:04 Jun 24, 2009
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2990.IH
H2990
wwoods2 on PRODPC68 with BILLS
(3) in subsection (a), as so redesignated, by 
striking ‘‘obligated from the Fund under subsection 
(a)(1)’’ and inserting ‘‘available under this section’’; 
and 
(4) in subsection (b), as so redesignated, by 
striking ‘‘In addition to other amounts that are 
made available to carry out this section, there’’ and 
inserting ‘‘There’’. 
Æ 
VerDate Nov 24 2008 
04:04 Jun 24, 2009
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6301
E:\BILLS\H2990.IH
H2990
wwoods2 on PRODPC68 with BILLS