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50 U.S.C. § 3054 — Special pay authority for science, technology, engineering, or mathematics positions and positions requiring banking or financial services expertise
Federal law — U.S. Code and appendices · legal_authorities
**(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** — For each element of the intelligence community, the number of individuals serving in a position in such element who receive a higher rate of pay established or increased under paragraph (1) may not, at any time during a given fiscal year, exceed 50 individuals or 5 percent of the total number of full-time equivalent positions authorized for such element for the preceding fiscal year, whichever is greater.
(3) **Treatment** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5305/j&num=0&edition=prelim).
**(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
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Stable record: federal_law:legal_authorities:record_usc_4e0b2e13373e2df414109781
Source file: Laws/federal/codes/united-states-code/title-50/section-3054-special-pay-authority-for-science-technology-engineering-or-mathematics--6a5a0a354f.md
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Source location: Title 50, Chapter 44, § 3054; chapter-044-national-security.md
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**(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** — For each element of the intelligence community, the number of individuals serving in a position in such element who receive a higher rate of pay established or increased under paragraph (1) may not, at any time during a given fiscal year, exceed 50 individuals or 5 percent of the total number of full-time equivalent positions authorized for such element for the preceding fiscal year, whichever is greater.
(3) **Treatment** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5305/j&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section104&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5307&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section104&num=0&edition=prelim).
(3) **Limitation on number of recipients** — The number of individuals who receive basic pay established under paragraph (1)(B) may not exceed 100 at any time.
(4) **Limitation on use as comparative reference** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1599f&num=0&edition=prelim) or [section 658 of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section658&num=0&edition=prelim).
**(c) Maximum special rate of pay** Except as provided in subsection (b), a minimum rate of pay established for a category of positions under subsection (a) may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) or similar provision of law) for the position in that category of positions without the authority of subsection (a) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim).
**(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.
**(e) Revision of special rates of pay** Subject to the limitations in this section, rates of pay established under this section by the head of an element of the intelligence community may be revised from time to time by the head of such element and the revisions have the force and effect of statute.
**(f) Regulations** The head of each element of the intelligence community shall promulgate regulations to carry out this section with respect to such element, which shall, to the extent practicable, be comparable to the regulations promulgated to carry out [section 5305 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5305&num=0&edition=prelim).
**(g) Reports**
(1) **Requirement for reports** — Not later than 90 days after the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019,11 See References in Text note below. the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on any rates of pay established for such element under this section.
(2) **Contents** — Each report required by paragraph (1) shall contain for each element of the intelligence community—
(A) a description of any rates of pay established under subsection (a) or (b); and
(B) the number of positions in such element that will be subject to such rates of pay.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as otherwise permitted by or under law, or as otherwise provided under subsection (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year.
(2) This section shall not apply to any payment under—
(A) subchapter III or VII of chapter 55 or section 5596;
(B) chapter 57 (other than section 5753, 5754, 5755, or 5757); 11 See References in Text note below. or
(C) chapter 59 (other than section 5925, 5928, 5941(a)(2), or 5948).
**(b)**
(1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year.
(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying 22 So in original. Probably should be “applying”. the limitations under subsection (a) with respect to such calendar year.
**(c)** The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.
**(d)**
(1
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5307
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Whenever the Office of Personnel Management finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level 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. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section.
(2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an age
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5305
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Fair Labor Standards Act of 1938”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 201
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Federal law — U.S. Code and appendices · legal_authorities
Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5315
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The per annum rate of salary of the Vice President of the United States shall be the rate determined for such position under chapter 11 of title 2, as adjusted under this section. Subject to subsection (b), effective at the beginning of the first month in which an adjustment takes effect under [section 5303 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5303&num=0&edition=prelim) in the rates of pay under the General Schedule, the salary of the Vice President shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the nearest higher multiple of $100), equal to the percentage of such per annum rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.
**(b)** In no event shall the percentage adjustment taking effect under the second and third sentences of subsection (a) in any calendar year (before rounding) exceed the percentage adjustment taking effect in such calendar year under [section 5303 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5303&num=0&edition=prelim) in the rates of pay under the General Schedule.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 104
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Pay disparities shall be identified and reduced as follows:
(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent.
(2)
(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year.
(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year.
(3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that—
(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(C) the percentage for the third calendar year in which any amounts are payable under this section may not be le
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “Cybersecurity Advisory Committee” means the advisory committee established under [section 665e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section665e/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 658
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) The Secretary of Defense may—
(A) establish, as positions in the excepted service, such qualified positions in the Department of Defense as the Secretary determines necessary to carry out the responsibilities of the United States Cyber Command, including—
(i) positions held by staff of the headquarters of the United States Cyber Command;
(ii) positions held by elements of the United States Cyber Command enterprise relating to cyberspace operations, including elements assigned to the Joint Task Force-Department of Defense Information Networks;
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(iv) positions held in combatant commands, defense agencies, and field activities supporting the United States Cyber Command; and
(v) up to 500 positions not otherwise described in clauses (i) through (iv) that the Secretary determines are hard-to-fill, highly skilled positions critical to cyberspace planning and operations in defense of, and which advance, U.S. national interests in collaboration with domestic and international partners.
(B) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and
(C) subject to the requirements of subsections (b) and (c), fix the compensation of an individual for service in a qualified position.
(2) The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
**(b) Rates of Pay.—** The Secretary—
(1) consistent with paragraph (2), shall fix the rates of basic pay for employees appointed under su
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599f
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 404l, comprising section 117 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3054&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 404n
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