Title 42 — The Public Health and WelfareRelease 119-73

§19321 Special hiring authority for scientific, engineering, and project management personnel

Title 42 › Chapter CHAPTER 163— - RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION › Subchapter SUBCHAPTER VI— - MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS › Part Part H— - Energizing Technology Transfer › Subpart subpart 3— - department of energy modernization › § 19321

Last updated Apr 6, 2026|Official source

Summary

The Under Secretary for Science can hire up to 60 scientific, engineering, and professional staff without using the regular civil service hiring rules to meet project or research needs. The Under Secretary sets their basic pay up to Level II of the Executive Schedule (EX–II) under section 5311 of title 5. Extra pay is allowed, but in any 12-month period the extra pay cannot exceed the smallest of: $25,000; 25 percent of the employee’s annual basic pay; or the limit in section 5307(a)(1) of title 5. Appointments last no more than 3 years unless another law allows longer. The Under Secretary may end an appointment at any time for poor performance or changing project or research needs.

Full Legal Text

Title 42, §19321

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Under Secretary for Science shall have the authority to—

(1)make appointments of not more than 60 scientific, engineering, and professional personnel, without regard to civil service laws, to assist the Department in meeting specific project or research needs;

(2)fix the basic pay of any employee appointed under this section at a rate to be determined by the Under Secretary at rates not in excess of Level II of the Executive Schedule (EX–II) under section 5311 of title 5 without regard to the civil service laws; and

(3)pay any employee appointed under this section payments in addition to basic pay, except that the total amount of additional payments paid to an employee under this subsection for any 12-month period shall not exceed the lesser of the following amounts:

(A)$25,000.

(B)The amount equal to 25 percent of the annual rate of basic pay of that employee.

(C)The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5.

(b)(1)The term of any employee appointed under this section shall not exceed 3 years unless otherwise authorized in law.

(2)The Under Secretary for Science shall have the authority to terminate any employee appointed under this section at any time based on performance or changing project or research needs of the Department.

Reference

Citations & Metadata

Citation

42 U.S.C. § 19321

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73