Enhancing EPA Science Capability for a Complex Future: Recommendations for Use of Title 42 Special Hiring Authority (2024)
Chapter: Appendix G: Title 42 in Other Federal Agencies
Appendix G
Title 42 in Other Federal Agencies
BOX G-1
Title 42 Authority in Federal Agencies
Title 42 of the U.S. Code (42 U.S.C. §§ 209[f]–[h]) allows federal agencies to appoint consultants, scientists, and engineers outside Title 5 civil service regulations. Agencies under the U.S. Department of Health and Human Services (HHS), including the National Institutes of Health (NIH), the Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC), have been granted Title 42 hiring authority. To note, the National Science Foundation (NSF) uses 42 U.S.C. § 1873, or the NSF Act, which is similar to § 209, but specific to NSF.
NIH uses Title 42 authority, specifically §§ 209 (f) and (g), for the appointment of personnel. Under § 209(f), NIH employs senior investigators, administrators, scientific review administrators, program administrators, program and project officers, division directors, and senior officials within the Office of the Director. In contrast, § 209(g) is used for research fellows, senior research fellows, staff scientists, staff clinicians, investigators on tenure track, senior scientists, and senior clinicians. In fiscal year 2023, out of approximately 19,000 NIH employees, 3,940 held positions under Title 42 §§ 209 (f) and (g). Appointments may be tenured (i.e., indefinite) or temporary, with extensions allowed, requiring a minimum of a relevant bachelor’s degree and suitable professional experience.
FDA uses Title 42 authority to engage and retain executive, supervisory, and managerial professionals engaged in scientific endeavors. Individuals appointed under Title 42 at FDA must possess a doctoral degree and exhibit a high level of scientific competence and professional qualifications. Candidates are expected to have a professional background and standing within their specific field of expertise that aligns with the responsibilities associated with the scientific role being sought. CDC uses §209 (f) primarily for senior-level positions, requiring a doctoral degree and notable contributions to public health and science. The base salaries are capped at $350,000 annually for HHS, with total compensation not exceeding $400,000.
SOURCES: Email to National Academies staff by S. Fox, deputy chief of administrative services at the National Institute of Environmental Health Sciences, September 15, 2023; National Institutes of Health. 2023. NIH Title 42 pay model. Washington, DC: Office of Human Resources, Compensation and Policy Division; U.S. Environmental Protection Agency. 2022. EPA Title 42 operations manual. Washington, DC: EPA.
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