123STA T . 2 6 23 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(B)the e mploy ee is e n title d to r e c ei v e ba sic pay (incl u din g any applicable locality - based comparability pay- ment or similar supplement) at a higher rate , but, w hen any such position becomes vacant, the pay o f any subse q uent appointee thereto shall be fi x ed in the manner provided by applicable law and regulation . ( 3 ) LOCALITY - B A SED CO MP A R ABILITY PAYME N TS. —A ny employee covered under paragraph ( 2 ) shall receive any applicable locality-based comparability payment extended under section 19 1 4 of this subtitle which is not in excess of the maximum rate set under section 5 3 0 4(g) of title 5, U nited S tates C ode, for his position including any future increase to statutory pay limitations under 531 8 of title 5, United States Code. N otwithstanding paragraph (2), to the extent that an employee covered under that paragraph receives any amount of locality-based comparability payment, the cost-of-living allow- ance rate under that paragraph shall be reduced accordingly, as provided under section 5941(c)(2)(B) of title 5, United States Code. SEC.19 1 6 . AP P LI CA T I ON TO OT H E R ELI G I B LEE M PLO Y EES. (a) I N G ENERAL.— (1) D E F INITION.—In this subsection, the term ‘ ‘covered employee ’ ’ means— (A) any employee who— (i) on the day before the date of enactment of this Act— (I) was eligible to be paid a cost-of-living allow- ance under 5941 of title 5, United States Code
and (II) was not eligible to be paid locality-based comparability payments under 5304 or 5304a of that title; or (ii) on or after the date of enactment of this Act becomes eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; or (B) any employee who— (i) on the day before the date of enactment of this Act— (I) was eligible to be paid an allowance under section 1 6 03(b) of title 10, United States Code; (II) was eligible to be paid an allowance under section 1005(b) of title 39, United States Code; (III) was employed by the T ransportation Security Administration of the Department of H omeland Security and was eligible to be paid an allowance based on section 5941 of title 5, United States Code; or (I V ) was eligible to be paid under any other authority a cost-of-living allowance that is equiva- lent to the cost-of-living allowance under section 5941 of title 5, United States Code; or (ii) on or after the date of enactment of this Act— (I) becomes eligible to be paid an allowance under section 1603(b) of title 10, United States Code;
