10 U.S.C. § 6241
(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—
(B)
appoint persons to such positions.
(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)
OPM Review.—
(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)
Termination.—
(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, amendments, and revision history
(Added and amended Pub. L. 119–60, div. C, title XXXI, §§ 3111(a), (d)(1)(F), (2)(B), 3115, Dec. 18, 2025, 139 Stat. 1412, 1462, 1464.)
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.