50 U.S.C. § 3049a
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)-
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.
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.
Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay-
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-
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 or section 658 of title 6.
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 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.
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-
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.
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.
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 2019,1 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.
Each report required by paragraph (1) shall contain for each element of the intelligence community-
1 See References in Text note below.
50 U.S.C. § 3049a
EDITORIAL NOTES
REFERENCES IN TEXTThe Fair Labor Standards Act of 1938, referred to in subsec. (b)(2)(A), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.The date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, referred to in subsec. (g)(1), probably means the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020, div. E of Pub. L. 116-92, which was approved Dec. 20, 2019.
AMENDMENTS2023-Pub. L. 118-31, §7311(a)(1), inserted "and positions requiring banking or financial services expertise" after "mathematics positions" in section catchline.Subsec. (a). Pub. L. 118-31, §7311(a)(2)(A), inserted "or in banking or financial services" after "mathematics" in heading.Subsec. (a)(1). Pub. L. 118-31, §7311(a)(2)(B), inserted "or in banking or financial services (including expertise relating to critical financial infrastructure operations, capital markets, banking compliance programs, or international investments)" after "or mathematics" in introductory provisions.Subsec. (a)(2), (3). Pub. L. 118-31, §7311(a)(2)(C), (D), added par. (2) and redesignated former par. (2) as (3).Subsec. (e). Pub. L. 118-31, §7311(a)(3), substituted "an element" for "the element". 2022-Subsec. (b)(1)(A). Pub. L. 117-263, §6824(a)(2)(A), substituted "Under Secretary of Defense for Intelligence and Security" for "Under Secretary of Defense for Intelligence".Subsec. (b)(4). Pub. L. 117-263, §7143(d)(6), which directed substitution of "section 658 of title 6" for "226 of the Homeland Security Act of 2002 (6 U.S.C. 147)", could not be executed because of the substantially identical amendment made by Pub. L. 117-263, §6824(a)(2)(B) . See below. Pub. L. 117-263, §6824(a)(2)(B), substituted "section 658 of title 6" for "section 226 of the Homeland Security Act of 2002 (6 U.S.C. 147)". 2019-Subsec. (a). Pub. L. 116-92, §6303(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "Notwithstanding part III of title 5, the head of each element of the intelligence community may establish higher minimum rates of pay for 1 or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics (STEM)."Subsec. (b). Pub. L. 116-92, §6303(3), added subsec. (b). Former subsec. (b) redesignated (c).Subsec. (c). Pub. L. 116-92, §6303(2), (4), redesignated subsec. (b) as (c) and substituted "Except as provided in subsection (b), a minimum" for "A minimum". Former subsec. (c) redesignated (d).Subsec. (d). Pub. L. 116-92, §6303(2), (5), redesignated subsec. (c) as (d) and inserted "or (b)" after "by subsection (a)" in introductory provisions. Former subsec. (d) redesignated (e). Subsecs. (e), (f). Pub. L. 116-92, §6303(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 116-92, §6303(2), redesignated subsec. (f) as (g).Subsec. (g)(1). Pub. L. 116-92, §6303(6)(A), substituted "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" for "Not later than 90 days after May 5, 2017".Subsec. (g)(2)(A). Pub. L. 116-92, §6303(6)(B), inserted "or (b)" after "subsection (a)".
- congressional intelligence committees
- The term "congressional intelligence committees" means-(A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
- intelligence community
- The term "intelligence community" includes the following:(A) The Office of the Director of National Intelligence.(B) The Central Intelligence Agency.(C) The National Security Agency.(D) The Defense Intelligence Agency.(E) The National Geospatial-Intelligence Agency.(F) The National Reconnaissance Office.(G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy.(I) The Bureau of Intelligence and Research of the Department of State.(J) The Office of Intelligence and Analysis of the Department of the Treasury.(K) The Office of Intelligence and Analysis of the Department of Homeland Security.(L) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
- intelligence
- The term "intelligence" includes foreign intelligence and counterintelligence.