10 U.S.C. § 6241 — Authority for appointment of certain scientific, engineering, and technical personnel

(a) Authority .— (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 must appoint persons under paragraph (1)(B) to the positions established under paragraph (1)(A) under the merit system principles set forth in section 2301 of such title. (b) OPM Review .— (1) The Secretary must enter into an agreement with the Director of the Office of Personnel Management under which agreement the Director must periodically evaluate the use of the authority set forth in subsection (a)(1). The Secretary must reimburse the Director for evaluations conducted by the Director pursuant to the agreement. Any such reimbursement must 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 must notify the Secretary and Congress of that determination. (3) Upon receipt of a notification under paragraph (2), the Secretary must— (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) Termination .— (1) The authority provided under subsection (a)(1) must 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).