§ 3049a.
Special pay authority for science, technology, engineering, or mathematics positions and positions requiring banking or financial services expertise
(a)
Special rates of pay for positions requiring expertise in science, technology, engineering, or mathematics or in banking or financial services
(1)
In general
Notwithstanding part III of title 5, the head of each element of the intelligence community may, for one or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics or in banking or financial services (including expertise relating to critical financial infrastructure operations, capital markets, banking compliance programs, or international investments)—
(A)
establish higher minimum rates of pay; and
(B)
make corresponding increases in all rates of pay of the pay range for each grade or level, subject to subsection (b) or (c), as applicable.
(2)
Limitation on number of recipients
(b)
Special rates of pay for cyber positions
(1)
In general
Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay—
(A)
not to exceed the rate of basic pay payable for level II of the Executive Schedule under
section 5313 of title 5 if the Director certifies to the Under Secretary of Defense for Intelligence and Security, in consultation with the Under Secretary of Defense for Personnel and Readiness, that the rate of pay is for positions that perform functions that execute the cyber mission of the Agency; or
(B)
not to exceed the rate of basic pay payable for the Vice President of the United States under
section 104 of title 3 if the Director certifies to the Secretary of Defense, by name, individuals that have advanced skills and competencies and that perform critical functions that execute the cyber mission of the Agency.
(2)
Pay limitation
Employees receiving a special rate under paragraph (1) shall be subject to an aggregate pay limitation that parallels the limitation established in
section 5307 of title 5, except that—
(A)
any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under title 10 (or any other applicable law in addition to title 5, excluding the Fair Labor Standards Act of 1938 (
29 U.S.C. 201 et seq.)) shall also be counted as part of aggregate compensation; and
(B)
aggregate compensation may not exceed the rate established for the Vice President of the United States under
section 104 of title 3.
(3)
Limitation on number of recipients
(4)
Limitation on use as comparative reference
(d)
Notification of removal from special rate of pay
If the head of an element of the intelligence community removes a category of positions from coverage under a rate of pay authorized by subsection (a) or (b) after that rate of pay takes effect—
(1)
the head of such element shall provide notice of the loss of coverage of the special rate of pay to each individual in such category; and
(2)
the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
([July 26, 1947, ch. 343], title I, § 113B, as added [Pub. L. 115–31, div. N, title III, § 305(a)], May 5, 2017, [131 Stat. 811]; amended [Pub. L. 116–92, div. E, title LXIII, § 6303], Dec. 20, 2019, [133 Stat. 2186]; [Pub. L. 117–263, div. F, title LXVIII, § 6824(a)(2)], div. G, title LXXI, § 7143(d)(6), Dec. 23, 2022, [136 Stat. 3615], 3664; [Pub. L. 118–31, div. G, title III, § 7311(a)], Dec. 22, 2023, [137 Stat. 1029].)