---
kind: "section"
citation: "10 U.S.C. § 1701b"
title: "10"
title_heading: "Armed Forces"
number: "1701b"
heading: "Enhanced pay authority for certain acquisition and technology positions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1701b"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 87 — Defense Acquisition Workforce"
  - "Subchapter I — General Authorities and Responsibilities"
---

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

- (a) **In General.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may carry out a [program](/usc/10/2101.md?p=1) using the [pay](/usc/10/101.md?p=a-15) authority specified in [subsection (d)](#d) to fix the [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) for positions described in [subsection (c)](#c) in order to assist the Office of the [Secretary](/usc/10/4951.md?p=3) of Defense and the [military departments](/usc/10/101.md?p=a-8) 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](/usc/10/101.md?p=a-6) of Defense.
- (b) **Approval Required.—** The [program](/usc/10/2101.md?p=1) may be carried out only with approval as follows:
  - (1) Approval of the Under [Secretary](/usc/10/4951.md?p=3) of Defense for Acquisition and Sustainment, in the case of positions in the Office of the [Secretary](/usc/10/4951.md?p=3) of Defense.
  - (2) Approval of the [service acquisition executive](/usc/10/101.md?p=a-10) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned, in the case of positions in a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6).
- (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](/usc/10/101.md?p=a-15) authority specified in this subsection is authority as follows:
  - (1) Authority to fix the [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) for a position at a [rate](/usc/10/101.md?p=b-9) not to exceed 150 percent of the [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) payable for level I of the Executive Schedule, upon the approval of the Under [Secretary](/usc/10/4951.md?p=3) of Defense for Acquisition and Sustainment or the [service acquisition executive](/usc/10/101.md?p=a-10) concerned, as applicable.
  - (2) Authority to fix the [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) for a position at a [rate](/usc/10/101.md?p=b-9) in excess of 150 percent of the [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) payable for level I of the Executive Schedule, upon the approval of the [Secretary](/usc/10/4951.md?p=3) of Defense.
- (e) **Limitations.—**
  - (1) **In general.—** The authority in [subsection (a)](#a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in [subsection (c)](#c).
  - (2) **Number of positions.—** The authority in [subsection (a)](#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](/usc/10/101.md?p=a-12) and [Defense Agencies](/usc/10/101.md?p=a-11);
    - (B) more than five positions in the Office of the [Secretary](/usc/10/4951.md?p=3) of Defense; and
    - (C) more than five positions in each [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6).
  - (3) **Term of positions.—** The authority in [subsection (a)](#a) may be used only for positions having terms less than five years.

## Source credit

(Added Pub. L. 116–283, div. A, title XI, § 1114(a), Jan. 1, 2021, 134 Stat. 3894; amended Pub. L. 117–263, div. A, title VIII, § 831(b), Dec. 23, 2022, 136 Stat. 2711.)

## Notes

### Editorial Notes

### References in Text

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

### Amendments

2022—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.”