§ 1701b. Enhanced pay authority for certain acquisition and technology positions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title XI § 1114(a) · 134 Stat. 3388

   Enacted · 10 U.S.C. § 1701b

   Added Pub. L. 116–283, div. A, title XI, § 1114(a), Jan. 1, 2021, 134 Stat. 3894

   Source evidence

   Code source credit
   Added Pub. L. 116–283, div. A, title XI, § 1114(a), Jan. 1, 2021, 134 Stat. 3894

   Enacted provision · exact public law section
   (a) In General.— Subchapter I of chapter 87 of title 10, United States Code, is amended by inserting after section 1701a the following new section: “§ 1701b. Enhanced pay authority for certain acquisition and technology positions “(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 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. “(3) Term of positions.— The authority in subsection (a) may be used only for positions having terms less than five years.” .

2. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title VIII § 831(b) · 136 Stat. 2395

   Amended · 10 U.S.C. § 1701b(e)(2)

   Pub. L. 117–263 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.”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 117–263 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.”

   Enacted provision · exact public law section
   (b) Enhanced Pay Authority for Positions in Department of Defense Field Activities and Defense Agencies.— Section 1701b(e)(2) of title 10, United States Code, is amended to read as follows: “(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.” .

2 of 2 references resolved to an enrolled provision