References in Text
Section 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.
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, § 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Appointments of Exceptionally Well Qualified Individuals to Scientific, Engineering, or Other Critical Technical Positions
Pub. L. 113–76, div. D, title III, § 313, Jan. 17, 2014, 128 Stat. 176, provided that:
Subject to subsections (b) through (d), the Secretary
may appoint, without regard to the provisions of chapter 33
of title 5, United States
Code, governing appointments in the competitive service,
exceptionally well qualified individuals
to scientific, engineering, or other critical technical positions.
“(1)Number of positions.—
The number of critical positions authorized by subsection (a) may not exceed 120 at any one time in the Department
The term of an appointment under subsection (a) may not exceed 4 years
An individual appointed under subsection (a) shall not have been a Department employee
during the 2-year period
ending on the date of appointment.
shall have the authority to fix the basic
pay of an individual appointed under subsection (a) at a rate to be determined by the Secretary
up to level I of the Executive Schedule [5 U.S.C. 5312
] without regard to the civil service
An individual appointed under subsection (a) may not be considered to be an employee
for purposes of subchapter II of chapter 75
of title 5, United States
“(1)In general.—The Secretary shall ensure that—
notifies diverse professional associations and institutions of higher education, including those serving the interests of women and racial or ethnic minorities that are underrepresented in scientific, engineering, and mathematical fields, of position openings as appropriate.
“(2)Report.—Not later than 2 years after the date of enactment of this Act [Jan. 17, 2014], the Secretary and the Director of the Office of Personnel Management shall submit to Congress a report on the use of the authority provided under this section that includes, at a minimum, a description or analysis of—
the ability to attract exceptionally well
qualified scientists, engineers, and technical personnel;
whether additional safeguards or measures are necessary to carry out the authority and, if so, what action, if any, has been taken to implement the safeguards or measures.
“(d)Termination of Effectiveness.—
The authority provided by this section terminates effective on the date that is 4 years
after the date of enactment of this Act.”
Authority for Appointment of Certain Scientific, Engineering, and Technical Personnel
Pub. L. 103–337, div. C, title XXXI, § 3161, Oct. 5, 1994, 108 Stat. 3095, as amended by Pub. L. 105–85, div. C, title XXXI, § 3139, Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105–261, div. C, title XXXI, §§ 3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3191], Oct. 30, 2000, 114 Stat. 1654, 1654A–480; Pub. L. 107–314, div. C, title XXXI, § 3174, Dec. 2, 2002, 116 Stat. 2745, which was formerly set out as a note under this section, was renumbered section 4601 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(2), Nov. 24, 2003, 117 Stat. 1776, and is classified to section 2701 of Title 50, War and National Defense.