U.S Code last checked for updates: Aug 04, 2025
All TitlesTitle 42Chapter 84Subchapter VIPart B
§ 7231.
Officers and employees
(a)
Authority of Secretary to appoint and fix compensation
(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 5.
(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) 
(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
(e)
Determination of maximum aggregate number of positions
(f)
Intelligence and intelligence-related positions exempt from competitive service
(Pub. L. 95–91, title VI, § 621, Aug. 4, 1977, 91 Stat. 596; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784; Pub. L. 102–88, title IV, § 403, Aug. 14, 1991, 105 Stat. 434.)
cite as: 42 USC 7231
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