(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
(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)  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)  of such title.
(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
(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.
5108(a) of title
5, referred to in subsec. (c)(1), was amended generally by Pub. L. 101–509, title V, § 529 [title I, § 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, 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.
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.
“Director of the Office of Personnel Management” substituted for “Civil Service Commission” in subsec. (c)(2), pursuant to Reorg. Plan No. 2 of 1978, § 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
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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section
5376 of Title
Authority for Appointment of Certain Scientific, Engineering, and Technical Personnel
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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