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10 U.S. Code § 4094 - Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories [and] Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories

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§ 4094.[1] Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories
(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 military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense.
(b) Approval Required.—
The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned.
(c) Positions.—The positions described in this subsection are positions in the science and technology reinvention laboratories of the Department of Defense 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 research 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 service acquisition executive concerned.
(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 the military department concerned.
(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 each military department at any one time, unless the Under Secretary of Defense for Research and Engineering, in concurrence with the Secretaries of the military departments concerned, authorizes the transfer of positions from one military department to another.
(3) Term of positions.—
The authority in subsection (a) may be used only for positions having a term of less than five years.
(f) Science and Technology Reinvention Laboratories of the Department of Defense Defined.—
In this section, the term “science and technology reinvention laboratories of the Department of Defense” means the laboratories designated as science and technology reinvention laboratories by section 4121(b) of this title.
(Added Pub. L. 117–263, div. A, title XI, § 1106(a), Dec. 23, 2022, 136 Stat. 2817.)
§ 4094.[1] Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories
(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 military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense.
(b) Approval Required.—
The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned.
(c) Positions.—The positions described in this subsection are positions in the science and technology reinvention laboratories of the Department of Defense 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 research 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 service acquisition executive concerned.
(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 the military department concerned.
(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 each military department at any one time.
(3) Term of positions.—
The authority in subsection (a) may be used only for positions having a term of less than five years.
(f) Science and Technology Reinvention Laboratories of the Department of Defense Defined.—
In this section, the term “science and technology reinvention laboratories of the Department of Defense” means the laboratories designated as science and technology reinvention laboratories by section 4121(b) of this title.
(Added Pub. L. 116–283, div. A, title XI, § 1115(a), Jan. 1, 2021, 134 Stat. 3895, § 2358c; renumbered § 4094 and amended Pub. L. 117–81, div. A, title II, § 215(d)(14), title XVII, § 1701(e)(3)(A), Dec. 27, 2021, 135 Stat. 1595, 2138.)

[1]  Another is set out after this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment

Pub. L. 117–263, div. A, title XI, § 1106(c), Dec. 23, 2022, 136 Stat. 2818, provided that:

“This section [enacting this section] shall take effect immediately after section 881 of this Act [Pub. L. 117–263, see 10 U.S.C. 4027 notes].”

[1]  Another is set out preceding this section.
Editorial Notes
Amendments

2021—Pub. L. 117–81, § 1701(e)(3)(A), renumbered section 2358c of this title as this section.

Subsec. (f). Pub. L. 117–81, § 215(d)(14), substituted “by section 4121(b) of this title” for “by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by section 1701(e)(3)(A) of Pub. L. 117–81, renumbering section 2358c of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283—which provided in part, in section 1881(a), that chapter 139 of this title, in which chapter section 2358c of this title was located, was repealed—see section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.