Sec. 1523. Modifications to rates of pay for certain cyber-related positions of Department of Defense
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Section 1599f of title 10, United States Code, is amended— in the heading, by striking and inserting United States Cyber Command ; Department of Defense cyber in subsection (a)(1)(A), by striking responsibilities of the United States Cyber Command and all that follows and inserting cyber mission of the Department of Defense; ; by amending subsection
(b)to read as follows: The Secretary shall fix the rates of basic pay for any qualified position established under subsection
(a)in relation to the rates of pay provided for employees in comparable positions in the Department. Notwithstanding part III of title 5, the Secretary may, for one or more categories of qualified positions that require cyber expertise— establish higher minimum rates of pay than those established under paragraph (1); and make corresponding increases in all rates of pay of the pay range for each grade or level, subject to paragraph
(3)or (4). The rates of pay under subparagraph
(A)shall be basic pay for the same purposes specified in section 5305(j) of title 5. Except as provided in paragraph (4), a minimum rate of pay established for a category of positions under paragraph
(2)may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 of title 5 or similar provision of law) for the position in that category of positions without the authority of paragraph
(1)by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. Notwithstanding paragraph (3), the Secretary may establish higher annual limitations on special rates of pay for positions or employees selected by the Secretary as follows: With respect to a qualified position that requires cyber expertise for which the Secretary determines a higher rate is necessary, a 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. With respect to an individual that the Secretary determines, by name, possesses advanced skills and competencies and performs critical functions that execute the cyber mission of the Department, a rate not to exceed the rate of basic pay payable for the Vice President under section 104 of title 3. Employees receiving a special rate under subparagraph
(A)shall be subject to an aggregate pay limitation that parallels the limitation established in section 5307 of title 5, except that— any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under this title, the applicable provisions of title 5, or any other applicable law (excluding the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. )) shall 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. The number of individuals who receive basic pay established under subparagraph (A)(ii) may not exceed 1000 at any time. If the Secretary of Defense removes a category of positions from coverage under a rate of pay authorized by paragraph
(2)or
(4)after that rate of pay takes effect— the Secretary of Defense shall provide notice of the loss of coverage of the special rate of pay to each individual in such category; and the loss of coverage will take effect on the first day of the first pay period after the date of the notice. Subject to the limitations in this subsection, rates of pay established under this subsection by the Secretary of Defense may be revised from time to time. ; and in subsection (k)(5), by striking the responsibilities of the United States Cyber Command relating to cyber operations and inserting the cyber mission of the Department of Defense .
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Sec. 1523
Modifications to rates of pay for certain cyber-related positions of Department of Defense
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