
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[3191]]
[CITE: 42USC7231]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                      Part B--Personnel Provisions
 
Sec. 7231. Officers and employees


(a) Authority of Secretary to appoint and fix compensation

    In the performance of his functions the Secretary is authorized to 
appoint and fix the compensation of such officers and employees, 
including attorneys, as may be necessary to carry out such functions. 
Except as otherwise provided in this section, such officers and 
employees shall be appointed in accordance with the civil service laws 
and their compensation fixed in accordance with title 5.

(b) Appointment of scientific, engineering, etc., personnel without 
        regard to civil service laws; compensation; termination of 
        authority

    (1) Subject to the limitations provided in paragraph (2) and to the 
extent the Secretary deems such action necessary to the discharge of his 
functions, he may appoint not more than three hundred eleven of the 
scientific, engineering, professional, and administrative personnel of 
the department without regard to the civil service laws, and may fix the 
compensation of such personnel not in excess of the maximum rate payable 
for GS-18 of the General Schedule under section 5332 of title 5.
    (2) The Secretary's authority under this subsection to appoint an 
individual to such a position without regard to the civil service laws 
shall cease--
        (A) when a person appointed, within four years after October 1, 
    1977, to fill such position under paragraph (1) leaves such 
    position, or
        (B) on the day which is four years after such date,

whichever is later.

(c) Placement of GS-16, GS-17, and GS-18 positions without regard to 
        section 3324 of title 5; termination of authority

    (1) Subject to the provisions of chapter 51 of title 5 but 
notwithstanding the last two sentences of section 5108(a) \1\ of such 
title, the Secretary may place at GS-16, GS-17, and GS-18, not to exceed 
one hundred seventy-eight positions of the positions subject to the 
limitation of the first sentence of section 5108(a) \1\ of such title.
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    \1\ See References in Text note below.
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    (2) Appointments under this subsection may be made without regard to 
the provisions of sections 3324 of title 5, relating to the approval by 
the Director of the Office of Personnel Management of appointments under 
GS-16, GS-17, and GS-18 if the individual placed in such position is an 
individual who is transferred in connection with a transfer of functions 
under this chapter and who, immediately before October 1, 1977, held a 
position and duties comparable to those of such position.
    (3) The Secretary's authority under this subsection with respect to 
any position shall cease when the person first appointed to fill such 
position leaves such position.

(d) Appointment of additional scientific, engineering, etc., personnel 
        without regard to civil service laws; compensation

    In addition to the number of positions which may be placed at GS-16, 
GS-17, and GS-18 under section 5108 of title 5, under existing law, or 
under this chapter, and to the extent the Secretary deems such action 
necessary to the discharge of his functions, he may appoint not more 
than two hundred of the scientific, engineering, professional, and 
administrative personnel without regard to the civil service laws and 
may fix the compensation of such personnel not in excess of the maximum 
rate payable for GS-18 of the General Schedule under section 5332 of 
title 5.

(e) Determination of maximum aggregate number of positions

    For the purposes of determining the maximum aggregate number of 
positions which may be placed at GS-16, GS-17, or GS-18 under section 
5108(a) of title 5, 63 percent of the positions established under 
subsections (b) and (c) of this section shall be deemed GS-16 positions, 
25 percent of such positions shall be deemed GS-17 positions, and 12 
percent of such positions shall be deemed GS-18.

(f) Intelligence and intelligence-related positions exempt from 
        competitive service

    All positions in the Department which the Secretary determines are 
devoted to intelligence and intelligence-related activities of the 
United States Government are excepted from the competitive service, and 
the individuals who occupy such positions as of August 14, 1991, shall, 
while employed in such positions, be exempt from the competitive 
service.

(Pub. L. 95-91, title VI, Sec. 621, Aug. 4, 1977, 91 Stat. 596; 1978 
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 
3784; Pub. L. 102-88, title IV, Sec. 403, Aug. 14, 1991, 105 Stat. 434.)

                       References in Text

    The civil service laws, referred to in subsecs. (a), (b)(1), (2), 
and (d), are set out in Title 5, Government Organization and Employees. 
See, particularly, section 3301 et seq. of Title 5.
    Section 5108(a) of title 5, referred to in subsec. (c)(1), was 
amended generally by Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443, and, as so amended, 
contains only one sentence.
    This chapter, referred to in subsecs. (c)(2) and (d), was in the 
original ``this Act'', meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 
565, as amended, known as the Department of Energy Organization Act, 
which is classified principally to this chapter. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 7101 of this title and Tables.

                          Codification

    August 14, 1991, referred to in subsec. (f), was in the original 
``the date of enactment of this Act'', which was translated as meaning 
the date of enactment of Pub. L. 102-88, which enacted subsec. (f) of 
this section, to reflect the probable intent of Congress.


                               Amendments

    1991--Subsec. (f). Pub. L. 102-88 added subsec. (f).

                          Transfer of Functions

    ``Director of the Office of Personnel Management'' substituted for 
``Civil Service Commission'' in subsec. (c)(2), pursuant to Reorg. Plan 
No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under 
section 1101 of Title 5, Government Organization and Employees, which 
transferred all functions vested by statute in United States Civil 
Service Commission to Director of Office of Personnel Management (except 
as otherwise specified), effective Jan. 1, 1979, as provided by section 
1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under 
section 1101 of Title 5.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


   Authority for Appointment of Certain Scientific, Engineering, and 
                           Technical Personnel

    Pub. L. 103-337, div. C, title XXXI, Sec. 3161, Oct. 5, 1994, 108 
Stat. 3095, as amended by Pub. L. 105-85, div. C, title XXXI, Sec. 3139, 
Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105-261, div. C, title XXXI, 
Secs. 3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257, provided that:
    ``(a) Authority.--(1) Notwithstanding any provision of title 5, 
United States Code, governing appointments in the competitive service 
and General Schedule classification and pay rates, the Secretary of 
Energy may--
        ``(A) establish and set the rates of pay for not more than 200 
    positions in the Department of Energy for scientific, engineering, 
    and technical personnel whose duties will relate to safety at 
    defense nuclear facilities of the Department; and
        ``(B) appoint persons to such positions.
    ``(2) The rate of pay for a position established under paragraph (1) 
may not exceed the rate of pay payable for level III of the Executive 
Schedule under section 5314 of title 5, United States Code.
    ``(3) To the maximum extent practicable, the Secretary shall appoint 
persons under paragraph (1)(B) to the positions established under 
paragraph (1)(A) in accordance with the merit system principles set 
forth in section 2301 of such title.
    ``(4) The Secretary may not appoint more than 100 persons during 
fiscal year 1995 under the authority provided in this subsection.
    ``(b) OPM Review.--(1) The Secretary shall enter into an agreement 
with the Director of the Office of Personnel Management under which 
agreement the Director shall periodically evaluate the use of the 
authority set forth in subsection (a)(1). The Secretary shall reimburse 
the Director for evaluations conducted by the Director pursuant to the 
agreement. Any such reimbursement shall be credited to the revolving 
fund referred to in section 1304(e) of title 5, United States Code.
    ``(2) If the Director determines as a result of such evaluation that 
the Secretary of Energy is not appointing persons to positions under 
such authority in a manner consistent with the merit system principles 
set forth in section 2301 of title 5, United States Code, or is setting 
rates of pay at levels that are not appropriate for the qualifications 
and experience of the persons appointed and the duties of the positions 
involved, the Director shall notify the Secretary and Congress of that 
determination.
    ``(3) Upon receipt of a notification under paragraph (2), the 
Secretary shall--
        ``(A) take appropriate actions to appoint persons to positions 
    under such authority in a manner consistent with such principles or 
    to set rates of pay at levels that are appropriate for the 
    qualifications and experience of the persons appointed and the 
    duties of the positions involved; or
        ``(B) cease appointment of persons under such authority.
    ``(c) Termination.--(1) The authority provided under subsection 
(a)(1) shall terminate on September 30, 2000.
    ``(2) An employee may not be separated from employment with the 
Department of Energy or receive a reduction in pay by reason of the 
termination of authority under paragraph (1).''
