Pub. L. 116-283, div. A, tit. XI, subtit. A, sec. 1114 (as amended)
ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND TECHNOLOGY POSITIONS IN THE DEPARTMENT OF DEFENSE.
SEC. 1114. ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND TECHNOLOGY POSITIONS IN THE DEPARTMENT OF DEFENSE.
(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:
“SEC. 1701b. [10 U.S.C. 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.”
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(b) [10 U.S.C. 1701] Clerical Amendment.—The table of sections at the beginning of subchapter I of chapter 87 of such title is amended by inserting after the item relating to section 1701a the following new item:
“1701b. Enhanced pay authority for certain acquisition and technology positions.”
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(c) Repeal of Pilot Program.—
(1) In general.—Section 1111 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is repealed.
(2) [10 U.S.C. 1701 note] Continuation of pay.—The repeal in paragraph (1) shall not be interpreted to prohibit the payment of basic pay at rates fixed under such section 1111 before the date of the enactment of this Act for positions having terms that continue after that date.
- Cross-references to the US Code
- 10 U.S.C. 1701b10 U.S.C. 170110 U.S.C. 1701 note