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10 U.S.C. § 4094 — Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 10, Chapter 303, § 4094; chapter-303-research-and-engineering-activities.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4121/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities.
**(b) Exception.—** The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters.
**(c) Waiver.—** The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis.
**(d) Public Document Defined.—** In this section, the term “public document” means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2658
TITLE 10—ARMED FORCES
§ 4094
later than February 1, 2007, the Secretary of Defense
shall submit to the Committees on Armed Services of
the Senate and the House of Representatives, the Com-
mittee on Governmental Affairs of the Senate, and the
Committee on Government Reform of the House of Rep-
resentatives a plan for expanding and improving the
national defense science and engineering workforce
educational assistance program carried out under this
section as appropriate to improve recruitment and re-
tention to meet the requirements of the Department of
Defense for its science and engineering workforce on a
short-term basis and on a long-term basis.’’
2008—Subsec. (e)(4). Pub. L. 110–417, § 1061(a)(5)(A),
substituted ‘‘title 11’’ for ‘‘title 11, United States
Code,’’.
Subsec. (f). Pub. L. 110–417, § 1061(a)(5)(B), substituted
‘‘this title’’ for ‘‘title 10, United States Code’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and
note below.
Amendment by section 1843(a) of Pub. L. 116–283 effec-
tive Jan. 1, 2022, with additional provisions for delayed
implementation and applicability of existing law, see
section 1801(d) of Pub. L. 116–283, set out as a note pre-
ceding section 3001 of this title.
NATIONAL SECURITY WORKFORCE AND EDUCATIONAL
DIVERSITY ACTIVITIES
Pub. L. 116–283, div. A, title II, § 250, Jan. 1, 2021, 134
Stat. 3495, provided that:
‘‘(a) IN GENERAL.—The Secretary of Defense shall
seek to diversify participation in the Science, Mathe-
matics, and Research for Transformation (SMART) De
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4094
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