Overseas comparability pay

(a) In general Subject to such regulations prescribed by the Secretary, including with respect to phase-in schedule and treatment as basic pay, and notwithstanding any other provision of law, Department funds may be used to pay an eligible member of the Foreign Service as defined in subsection (b) a comparability payment (stated as a percentage) under section 5304 of title 5, United States Code, in an amount that does not exceed two-thirds of the amount of the locality-based comparability payment that would be payable to such member under such section 5304 if such member’s official duty station were in the District of Columbia. (b) Eligibility A member of the Foreign Service shall be eligible for a payment under this section only if the member is designated class 1 or below for purposes of section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) and the member’s official duty station is not in the continental United States or in a nonforeign area, as such term is defined in section 591.205 of title, Code of Federal Regulations. (c) Limitations The amount of any locality-based comparability payment that is paid to a member of the Foreign Service under this section shall be subject to any limitations on pay applicable to locality-based comparability payments under section 5304 of title 5, United States Code.