Sec. 303. PAY AUTHORITY FOR CRITICAL POSITIONS
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## SEC. 303 PAY AUTHORITY FOR CRITICAL POSITIONS Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) is amended by adding at the end the following new subsection: > > ### “(s) Pay Authority for Critical Positions > > > ####
(1)> > Notwithstanding any pay limitation established under any other provision of law applicable to employees in elements of the intelligence community, the Director of National Intelligence may, in coordination with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, grant authority to the head of a department or agency to fix the rate of basic pay for one or more positions within the intelligence community at a rate in excess of any applicable limitation, subject to the provisions of this subsection. The exercise of authority so granted is at the discretion of the head of the department or agency employing the individual in a position covered by such authority, subject to the provisions of this subsection and any conditions established by the Director of National Intelligence when granting such authority. > > > #### “(2) > > Authority under this subsection may be granted or exercised only— > > > ##### “(A) > > with respect to a position that requires an extremely high level of expertise and is critical to successful accomplishment of an important mission; and > > > ##### “(B) > > to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. > > > #### “(3) > > The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code, except upon written approval of the Director of National Intelligence or as otherwise authorized by law. > > > #### “(4) > > The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level I of the Executive Schedule under section 5312 of title 5, United States Code, except upon written approval of the President in response to a request by the Director of National Intelligence or as otherwise authorized by law. > > > #### “(5) > > Any grant of authority under this subsection for a position shall terminate at the discretion of the Director of National Intelligence. > > > #### “(6) > > > #####
(A)> > The Director of National Intelligence shall notify the congressional intelligence committees not later than 30 days after the date on which the Director grants authority to the head of a department or agency under this subsection. > > > ##### “(B) > > The head of a department or agency to which the Director of National Intelligence grants authority under this subsection shall notify the congressional intelligence committees and the Director of the exercise of such authority not later than 30 days after the date on which such head exercises such authority.” > .
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Sec. 303
PAY AUTHORITY FOR CRITICAL POSITIONS
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