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Title 10 — Armed ForcesRelease 119-83

§6241 Authority for Appointment of Certain Scientific, Engineering, and Technical Personnel

Title 10 › Subtitle Subtitle A— General Military Law › Part VI— ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B— Atomic Energy Defense › Chapter 606— PERSONNEL MATTERS › Subchapter I— PERSONNEL MANAGEMENT › § 6241

Last updated Apr 18, 2026|Official source

Summary

The Secretary of Energy may create up to 200 jobs for scientists, engineers, and technical staff who will work on safety at the Department’s defense nuclear sites and may hire people into those jobs. The pay for any of these jobs cannot be higher than the rate for Level III of the Executive Schedule under 5 U.S.C. 5314. The Secretary should, as much as possible, hire under the merit hiring rules in 5 U.S.C. 2301. The Secretary must make an agreement with the Director of the Office of Personnel Management (OPM) so OPM can periodically review how this hiring and pay authority is used. The Secretary will pay OPM for those reviews and the money goes to the revolving fund under 5 U.S.C. 1304(e). If OPM finds hires or pay are not consistent with 5 U.S.C. 2301 or are inappropriate, OPM will tell the Secretary and Congress. Then the Secretary must fix the problems or stop using this hiring authority. The authority ends on September 30, 2036, and no employee may be fired or have pay cut just because the authority ends.

Full Legal Text

Title 10, §6241

Armed Forces — Source: USLM XML via OLRC

(a)(1)Notwithstanding any provision of title 5 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.
(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.
(b)(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.
(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 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)(1)The authority provided under subsection (a)(1) shall terminate on September 30, 2036.
(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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Amendment by section 3115 of Pub. L. 119–60 directed to section 4601 of Pub. L. 107–314 executed to this section pursuant to section 3111(d)(1)(F) of Pub. L. 119–60. See Further Technical

Amendments

note set under section 6114 of this title.

Prior Provisions

A prior section 6241 was renumbered section 8291 of this title. Provisions similar to those in this section were contained in section 2701 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (c)(1). Pub. L. 119–60, §§ 3111(d)(1)(F), 3115, substituted “
September 30, 2036” for “
September 30, 2026”. See Codification note above.

Reference

Citations & Metadata

Citation

10 U.S.C. § 6241

Title 10 — Armed Forces

Last Updated

Apr 18, 2026

Release point: 119-83