§2701 — Title 50 War and National Defense | U.S. Code

Summary

Allows the Secretary of Energy to create and pay up to 200 scientific, engineering, and technical jobs focused on safety at the Department’s defense nuclear facilities and to hire people into those jobs outside the usual competitive service and General Schedule rules. Pay for those jobs cannot be higher than the Level III Executive Schedule rate (see section 5314 of title 5). The Secretary must try, as much as possible, to hire following the merit system principles in section 2301 of title 5. The Secretary must make an agreement with the Director of the Office of Personnel Management so the Director can review how this hiring and pay authority is used. The Secretary will pay for those reviews, and the payments go to the revolving fund under section 1304(e) of title 5. If the Director finds hires or pay are not consistent with the merit principles or are inappropriate, the Director will tell the Secretary and Congress. After that notice, the Secretary must fix the problems or stop using the authority. The authority ends on September 30, 2026, and no employee may be fired or have pay cut because the authority ends.

Title 50, §2701

War and National Defense — 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, 2026.

(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).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (a)(1), is set out under section 5332 of Title 5, Government Organization and Employees. Codification Section was formerly set out as a note under section 7231 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2021—Subsec. (c)(1). Pub. L. 117–81 substituted “

September 30, 2026” for “

September 30, 2021”. Subsec. (c)(1). Pub. L. 116–283 substituted “

September 30, 2021” for “

September 30, 2020”. 2016—Subsec. (c)(1). Pub. L. 114–328 substituted “2020” for “2016”. 2013—Subsec. (a)(4). Pub. L. 113–66 struck out par. (4) which read as follows: “The Secretary may not appoint more than 100 persons during fiscal year 1995 under the authority provided in this subsection.” 2011—Subsec. (c)(1). Pub. L. 111–383 substituted “

September 30, 2016” for “

September 30, 2011”. 2009—Subsec. (c)(1). Pub. L. 111–84 substituted “

September 30, 2011” for “

September 30, 2009”. Pub. L. 111–32 substituted “

September 30, 2009” for “

September 30, 2008”. 2006—Subsec. (c)(1). Pub. L. 109–364 substituted “

September 30, 2008” for “

September 30, 2006”. 2004—Subsec. (c)(1). Pub. L. 108–375 substituted “

September 30, 2006” for “

September 30, 2004”. 2002—Subsec. (c)(1). Pub. L. 107–314, § 3174, substituted “

September 30, 2004” for “

September 30, 2002”. 2000—Subsec. (c)(1). Pub. L. 106–398 substituted “

September 30, 2002” for “

September 30, 2000”. 1998—Subsec. (a)(2). Pub. L. 105–261, § 3155, substituted “level III of the Executive Schedule under section 5314” for “level IV of the Executive Schedule under section 5315”. Subsec. (c)(1). Pub. L. 105–261, § 3152, substituted “

September 30, 2000” for “

September 30, 1999”. 1997—Subsec. (c). Pub. L. 105–85, § 3139(a), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to a study to be conducted by the Environmental Protection Agency. Subsec. (c)(1). Pub. L. 105–85, § 3139(b), substituted “

September 30, 1999” for “

September 30, 1997”. Subsec. (d). Pub. L. 105–85, § 3139(a)(2), redesignated subsec. (d) as (c).

§2701 Authority for Appointment of Certain Scientific, Engineering, and Technical Personnel