20 U.S.C. § 9578 — Scientific or technical employees
submitted 24 years ago by Pub. L. 107-279 to r/title-20-EDUCATION · 316 words · no verdicts yet
The Director may appoint limited-term scientific or technical employees outside ordinary competitive-service and pay rules when four safeguards are met. Those employees must work only on Institute-related activities during their terms.
(a) In general. The Director* may appoint scientific or technical employees for terms of no more than 6 years and may pay them outside title 5 competitive-service, classification, and General Schedule rules, if— (1) at least 30 days before appointment, the job is publicly announced and qualified people may apply and compete; (2) basic pay does not exceed the maximum for GS-15 under 5 U.S.C. § 5376, except no more than 7 appointees may be paid up to Executive Schedule level III; (3) the Director finds by clear and convincing evidence that the appointment is necessary to obtain expertise unavailable through competitive service; and (4) the total number does not exceed 40 or one-fifth of the Institute's full-time regular scientific or professional employees, whichever is greater.
(b) Duties. These employees must work on Institute* or specified office, board*, committee, or center activities and may not be reassigned outside it during their terms.
The Director* may appoint, for terms not to exceed 6 years (without regard to the provisions of title 5 governing appointment in the competitive service) and may compensate (without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates) such scientific or technical employees to carry out the functions of the Institute* or the office, board*, committee, or center, respectively, if—
at least 30 days prior to the appointment of any such employee, public notice is given of the availability of such position and an opportunity is provided for qualified individuals to apply and compete for such position;
the rate of basic pay for such employees does not exceed the maximum rate of basic pay payable for positions at GS–15, as determined in accordance with section 5376 of title 5, except that not more than 7 individuals appointed under this section may be paid at a rate that does not exceed the rate of basic pay for level III of the Executive Schedule;
the appointment of such employee is necessary (as determined by the Director on the basis of clear and convincing evidence) to provide the Institute or the office, board, committee, or center with scientific or technical expertise which could not otherwise be obtained by the Institute or the office, board, committee, or center through the competitive service; and
the total number of such employees does not exceed 40 individuals or ⅕ of the number of full-time, regular scientific or professional employees of the Institute, whichever is greater.
All employees described in subsection (a) shall work on activities of the Institute or the office, board, committee, or center, and shall not be reassigned to other duties outside the Institute or the office, board, committee, or center during their term.
Source credit: (Pub. L. 107–279, title I, § 188, Nov. 5, 2002, 116 Stat. 1973.)
- 2002Enacted · Pub. L. 107-279 · 116 Stat. 1973
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-279 on 2002-11-05.
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