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LegalText 10 U.S.C. § 1701b Enhanced pay authority for certain acquisition and technology positions us united_states_code code_section 10 ARMED FORCES 87 DEFENSE ACQUISITION WORKFORCE 1701b 10 U.S.C. § 1701b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s1701b data/legal/raw/us/code/title-10/usc10.xml 1b17479b7307dc7eef0ce37ad48150352c16d69dd363c654c7a20eb5fc25ad01 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 6cfd1a70020005c4c1eb984a481641b2170472b4b38c9970c825f4967d06fb6e 2026-07-04 official
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10 U.S.C. § 1701b - Enhanced pay authority for certain acquisition and technology positions

Text

(a) In General.— The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Office of the Secretary of Defense and the military departments in attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Department of Defense.

(b) Approval Required.— The program may be carried out only with approval as follows:

(1) Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense.

(2) Approval of the service acquisition executive of the military department concerned, in the case of positions in a military department.

(c) Positions.— The positions described in this subsection are positions that—

(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and

(2) are critical to the successful accomplishment of an important acquisition or technology development mission.

(d) Rate of Basic Pay.— The pay authority specified in this subsection is authority as follows:

(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Under Secretary of Defense for Acquisition and Sustainment or the service acquisition executive concerned, as applicable.

(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of Defense.

(e) Limitations.— (1) In general.— The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).

(2) Number of positions.— The authority in subsection (a) may not be used at any one time with respect to—

(A) more than five positions, in total, in Department of Defense Field Activities and Defense Agencies;

(B) more than five positions in the Office of the Secretary of Defense; and

(C) more than five positions in each military department.

(3) Term of positions.— The authority in subsection (a) may be used only for positions having terms less than five years.

(Added Pub. L. 116283, div. A, title XI, § 1114(a), Jan. 1, 2021, 134 Stat. 3894; amended Pub. L. 117263, div. A, title VIII, § 831(b), Dec. 23, 2022, 136 Stat. 2711.)

Notes

Editorial Notes

References in TextLevel I of the Executive Schedule, referred to in subsec. (d), is set out in section 5312 of Title 5, Government Organization and Employees.

Amendments2022—Subsec. (e)(2). Pub. L. 117263 amended par. (2) generally. Prior to amendment, text read as follows: “The authority in subsection (a) may not be used with respect to more than five positions in the Office of the Secretary of Defense and more than five positions in each military department at any one time.”