10 U.S.C. § 1701b: Enhanced pay authority for certain acquisition and technology positions

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. Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense. Approval of the service acquisition executive of the military department concerned, in the case of positions in a military department. require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and are critical to the successful accomplishment of an important acquisition or technology development mission. 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. 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. 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). more than five positions, in total, in Department of Defense Field Activities and Defense Agencies; more than five positions in the Office of the Secretary of Defense; and more than five positions in each military department. The authority in subsection (a) may be used only for positions having terms less than five years.