Sec. 303. Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay authority for cyber positions
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Section 113B of the National Security Act of 1947 ( 50 U.S.C. 3049a ) is amended— by amending subsection
(a)to read as follows: Notwithstanding part III of title 5, United States Code, the head of each element of the intelligence community may, for 1 or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics (STEM)— establish higher minimum rates of pay; and 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. The special rate supplements resulting from the establishment of higher rates under paragraph
(1)shall be basic pay for the same or similar purposes as those specified in section 5305(j) of title 5, United States Code. ; by striking subsection (f); by redesignating subsections
(b)through
(e)as subsections
(c)through (f), respectively; by inserting after subsection
(a)the following: Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay— not to exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5, United States Code, if the Director certifies to the Under Secretary of Defense for Intelligence, 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 not to exceed the rate of basic pay payable for the Vice President of the United States under section 104 of title 3, United States Code, 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. 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, United States Code, except that— any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under title 10, United States Code, (or any other applicable law in addition to title 5 of such Code, excluding the Fair Labor Standards Act) shall also be counted as part of aggregate compensation; and aggregate compensation may not exceed the rate established for the Vice President of the United States under section 104 of title 3, United States Code. The number of individuals who receive basic pay established under paragraph (1)(B) may not exceed 100 at any time. Notwithstanding any other provision of law, special rates of pay and the limitation established under paragraph (1)(B) may not be used as comparative references for the purpose of fixing the rates of basic pay or maximum pay limitations of qualified positions under section 1599f of title 10, United States Code, or section 226 of the Homeland Security Act of 2002 ( 6 U.S.C. 147 ). ; and in subsection (c), as redesignated by paragraph (3), by striking A minimum and inserting Except as provided in subsection (b), a minimum . Section 5305 of title 5, United States Code, is amended— in subsection (g)(1), by striking subsection
(h)and inserting subsections
(h)and
(k); and by adding at the end the following subsections: Notwithstanding the rate limitations set forth in subsections (a)(1) and (g)(2), the Office of Personnel Management may establish under this section a rate of pay that does not exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313 for employees in positions that perform functions that execute a cyber mission and who are certified to have specified skills and competencies. Payments under subsection (g)(1) may not be made to an employee receiving a rate of pay established under this section and described in paragraph
(1)of this subsection if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313. An employee who is subject to a reduction or termination of a special rate of pay established under this section due to not maintaining a required skill or competency certification, or due to not obtaining a revised skill or competency certification, shall not be entitled to pay retention under section 5363 based on any resulting reduction in pay. .
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- 6 USC 147
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Sec. 303
Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay authority for cyber positions
Cite6 USC 147
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