§ 275. Hiring critical technical experts

Statutory text

In general

The officers and employees of the Institute, except the director, shall be appointed by the Secretary at such time as their respective services may become necessary.

Hiring critical technical experts

Notwithstanding section 3104 of title 5 or the provisions of any other law relating to the appointment, number, classification, or compensation of employees, the Secretary shall have the authority to make appointments of scientific, engineering, and professional personnel, and to fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3. The Director shall appoint not more than 15 personnel under this section.

Sunset

The authority under section 1 (b) shall expire on the date that is 5 years after August 9, 2022.

Footnotes

1 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1901
Pub. L. 56–872 § 6 · 31 Stat. 1449
Enacted · 15 U.S.C. § 275
Mar. 3, 1901, ch. 872, § 6, 31 Stat. 1450
Source evidence
Code source credit
Mar. 3, 1901, ch. 872, § 6, 31 Stat. 1450
Enacted provision · exact public law section
Sec. 6. That the officers and employees provided for by this Act, except the director, shall be appointed by the Secretary of the Treasury, at such time as their respective services may become necessary.
1988
Technology Competitiveness Act
Pub. L. 100–418 title V § 5115(a)(1) · 102 Stat. 1107
Substituted · 15 U.S.C. § 275
Pub. L. 100–418 substituted “Institute” for “bureau”
Source evidence
Code amendment note
Pub. L. 100–418 substituted “Institute” for “bureau”.
Enacted provision · exact public law section
(1) Except as provided in paragraph (2), the Act of March 3, 1901 (15 U.S.C. 271 et seq.) is amended by striking “National Bureau of Standards”, “Bureau” and “bureau” wherever they appear and inserting in lieu thereof “Institute”.
2022
Research and Development, Competition, and Innovation Act
Pub. L. 117–167 div. B title II § 10244 · 136 Stat. 1366
Amended · 15 U.S.C. § 275
Pub. L. 117–167 amended section generally. Prior to amendment, text read as follows: “The officers and employees of the Institute, except the director, shall be appointed by the Secretary of Commerce at such time as their respective services may become necessary.”
Source evidence
Code amendment note
Pub. L. 117–167 amended section generally. Prior to amendment, text read as follows: “The officers and employees of the Institute, except the director, shall be appointed by the Secretary of Commerce at such time as their respective services may become necessary.”
Enacted provision · exact public law section
SEC. 10244. HIRING CRITICAL TECHNICAL EXPERTS. Section 6 of the National Institute of Standards and Technology Act (15 U.S.C. 275) is amended to read as follows: “SEC. 6. HIRING CRITICAL TECHNICAL EXPERTS. “(a) In General.— The officers and employees of the Institute, except the director, shall be appointed by the Secretary at such time as their respective services may become necessary. “(b) Hiring Critical Technical Experts.— Notwithstanding section 3104 of title 5 or the provisions of any other law relating to the appointment, number, classification, or compensation of employees, the Secretary shall have the authority to make appointments of scientific, engineering, and professional personnel, and to fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code. The Director shall appoint not more than 15 personnel under this section. “(c) Sunset.— The authority under section (b) shall expire on the date that is 5 years after the date of the enactment of this section.” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

Codification

August 9, 2022, referred to in subsec. (c), was in the original “the date of the enactment of this section”, which was translated as meaning the date of enactment of Pub. L. 117–167, which amended this section generally, to reflect the probable intent of Congress.

Amendments1988–2022 · 2 rounds

2022

Pub. L. 117–167 amended section generally. Prior to amendment, text read as follows: “The officers and employees of the Institute, except the director, shall be appointed by the Secretary of Commerce at such time as their respective services may become necessary.”

1988

Pub. L. 100–418 substituted “Institute” for “bureau”.

Statutory Notes and Related Subsidiaries

Change of Name

Act Mar. 4, 1913, substituted “Secretary of Commerce” for “Secretary of Commerce and Labor”.

Transfer of Functions

Act Feb. 14, 1903, transferred power and authority of Secretary of the Treasury over Bureau of Standards to Secretary of Commerce and Labor.

Procurement of Temporary and Intermittent Services

Pub. L. 110–69, title III, § 3009, Aug. 9, 2007, 121 Stat. 592, permitted the Director of the National Institute of Standards and Technology, until Sept. 30, 2010, to procure the temporary or intermittent services of no more than 200 experts or consultants per year to assist with urgent or short-term research projects and required the Comptroller General to submit to Congress, no later than 2 years after Aug. 9, 2007, a report on possible additional safeguards needed should the authority under this section be made permanent.

Demonstration Project Relating to Personnel Management

Pub. L. 99–574, § 10, Oct. 28, 1986, 100 Stat. 3238, as amended by Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, directed the Office of Personnel Management and the National Institute of Standards and Technology to jointly design an alternative personnel management system demonstration project to be commenced not later than Jan. 1, 1988, and to be conducted by the Director of the Institute in accordance with section 4703 of Title 5, Government Organization and Employees, with the Director of the Office of Personnel Management to provide that the project be evaluated annually by a contractor, and a report of the contractor’s findings submitted to the Office, and, along with any comments of the Office and the Institute, submitted to the Congress, and a final report to be submitted to the Congress by the Comptroller General not later than 4 years after the date on which the project commences, such report to include any recommendations for legislation or other action considered appropriate by the Comptroller General.

[Pub. L. 104–113, § 10, Mar. 7, 1996, 110 Stat. 779, provided that: “The personnel management demonstration project established under section 10 of the National Bureau of Standards Authorization Act for Fiscal Year 1987 [Pub. L. 99–574] (15 U.S.C. 275 note) is extended indefinitely.” ]

Credits

1901–2022 · 5 acts

1901Mar. 3, 1901, ch. 872, § 6, 31 Stat. 1450
1903Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829
1913Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736
1988Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433
2022Pub. L. 117–167, div. B, title II, § 10244, Aug. 9, 2022, 136 Stat. 1488.

Show as published

(Mar. 3, 1901, ch. 872, § 6, 31 Stat. 1450; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 117–167, div. B, title II, § 10244, Aug. 9, 2022, 136 Stat. 1488.)