---
kind: "section"
citation: "10 U.S.C. § 4094"
title: "10"
title_heading: "Armed Forces"
number: "4094"
heading: "Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/4094"
units:
  - "Subtitle A — General Military Law"
  - "Part V — Acquisition"
  - "Subpart E — Research and Engineering"
  - "Chapter 303 — Research and Engineering Activities"
  - "Subchapter II — Personnel"
---

# §4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories

- (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 [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 performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories 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 in a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) only with the 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.
- (c) **Positions.—** The positions described in this subsection are positions in the science and technology reinvention laboratories of the [Department](/usc/10/101.md?p=a-6) 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](/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 [service acquisition executive](/usc/10/101.md?p=a-10) concerned.
  - (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 the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned.
- (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 with respect to more than five positions in each [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) at any one time, unless the Under [Secretary](/usc/10/4951.md?p=3) of Defense for Research and Engineering, in concurrence with the [Secretaries](/usc/10/4951.md?p=3) of the [military departments](/usc/10/101.md?p=a-8) concerned, authorizes the transfer of positions from one [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) to another.
  - (3) **Term of positions.—** The authority in [subsection (a)](#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](/usc/10/101.md?p=a-6) of Defense” means the laboratories designated as science and technology reinvention laboratories by [section 4121(b) of this title](/usc/10/4121.md?p=b).

## Source credit

(Added Pub. L. 117–263, div. A, title XI, § 1106(a), Dec. 23, 2022, 136 Stat. 2817.)

## Notes

### Editorial Notes

### Codification

Another section 4094, 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, which related to enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories and was substantially identical to this section, was repealed by Pub. L. 118–31, div. A, title XVIII, § 1801(a)(32), Dec. 22, 2023, 137 Stat. 685.

### Statutory Notes and Related Subsidiaries

### Effective Date

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 [section 881(a) and (b) of Pub. L. 117–263, set out as notes under section 4027 of this title].”