---
kind: "section"
citation: "20 U.S.C. § 9578"
title: "20"
title_heading: "Education"
number: "9578"
heading: "Scientific or technical employees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/9578"
units:
  - "Chapter 76 — Education Research, Statistics, Evaluation, Information, and Dissemination"
  - "Subchapter I — Education Sciences Reform"
  - "Part F — General Provisions"
---

# §9578. Scientific or technical employees

- (a) **In general—** The [Director](/usc/20/9501.md?p=9) may appoint, for terms not to exceed 6 years (without regard to the provisions of [title 5](/usc/5.md) governing appointment in the competitive service) and may compensate (without regard to the provisions of [chapter 51](/usc/20/chch51.md) and subchapter III of [chapter 53](/usc/20/chch53.md) of such title relating to classification and General Schedule pay rates) such scientific or technical employees to carry out the functions of the [Institute](/usc/20/9501.md?p=14) or the office, [board](/usc/20/9501.md?p=4), committee, or center, respectively, if—
  - (1) 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;
  - (2) 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](/usc/5/5376.md), 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;
  - (3) the appointment of such employee is necessary (as determined by the [Director](/usc/20/9501.md?p=9) on the basis of clear and convincing evidence) to provide the [Institute](/usc/20/9501.md?p=14) or the office, [board](/usc/20/9501.md?p=4), committee, or center with scientific or technical expertise which could not otherwise be obtained by the [Institute](/usc/20/9501.md?p=14) or the office, [board](/usc/20/9501.md?p=4), committee, or center through the competitive service; and
  - (4) 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](/usc/20/9501.md?p=14), whichever is greater.
- (b) **Duties of employees—** All employees described in [subsection (a)](#a) shall work on activities of the [Institute](/usc/20/9501.md?p=14) or the office, [board](/usc/20/9501.md?p=4), committee, or center, and shall not be reassigned to other duties outside the [Institute](/usc/20/9501.md?p=14) or the office, [board](/usc/20/9501.md?p=4), committee, or center during their term.

## Source credit

(Pub. L. 107–279, title I, § 188, Nov. 5, 2002, 116 Stat. 1973.)

## Notes

### Editorial Notes

### References in Text

GS–15, referred to in subsec. (a)(2), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.

Level III of the Executive Schedule, referred to in subsec. (a)(2), is set out in section 5314 of Title 5, Government Organization and Employees.

### Statutory Notes and Related Subsidiaries

### References to Maximum Rate Under 5 U.S.C. 5376

For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.