PUBLIC LAW 95-91—AUG. 4, 1977
91 STAT. 597
and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (b)(1) Subject to the limitations provided in paragraph (2) and to the extent the Secretary deems such action necessary to the discharge of his functions, he may appoint not more than three hundred eleven of the scientific, engineering, professional, and administrative personnel of the department without regard to the civil service laws, and may fix the compensation of such personnel not in excess of the maximum rate pavable for GS-18 of the General Schedule under section 5332 of title 5,'United States Code. 5 USC 5332 note. (2) The Secretary's authority under this subsection to appoint an individual to such a position without regard to the civil service laws shall cease— (A) when a person appointed, within four years after the effective date of this Act, to fill such position under paragraph (1) leaves such position, or (B) on the day which is four years after such effective date, whichever is later. (c)(1) Subject to the provisions of chapter 51 of title 5, United States Code, but notwithstanding the last two sentences of section 5 USC 5101. 5108(a) of such title, the Secretary may place at GS-16, GS-17, and GS-1<S. not to exceed one hundred seventy-eight positions of the positions subject to the limitation of the first sentence of section 5108(a) of su'^'h title. (2) Appointments under this subsection may be made without regard to the provisions of sections 3324 of title 5, United States Code, relating to the approval by the Civil Service Commission of appointments under GS-16, GS-17, and GS-18 if the individual placed in such position is an individual who is transferred in connection with a transfer of functions under this Act and who, immediately before the effective date of this Act, held a position and duties comparable to those of such position. (3) The Secretary's authority under this subsection with respect to any position shall cease when the person first appointed to fill such position leaves such position. (d) I n addition to the number of positions which may be placed • at GS-16, GS-17, and G S - 1 8 under section 5108 of title 5, United States Code, under existing law. or under this Act and to the extent the Secretary deems such action necessary to the discharge of his functions, he may appoint not more than two hundred of the scientific, engineering, professional, and administrative personnel without regard to the civil service laws and may fix the compensation of such personnel not in excess of the maximum rate payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (e) For the purposes of determining the maximum aggregate number of positions which may be placed at GS-16, GS-17, or G S - 1 8 under section 5108(a) of title 5, United States Code, 63 percent of the positions established under subsections (b) and (c) shall be deemed GS-16 positions, 25 percent of such positions shall be deemed GS-17 positions, and 12 percent of such positions shall be deemed GS-18. SENIOR POSITIONS
SEC. 622. I n addition to those positions created by title II of this 42 USC 7232. Act, there shall be within the Department fourteen additional officers ^«^e' P- 569. in positions authorized by section 5316 of title 5. United States Code, who shall be appointed by the Secretary and who shall perform such functions as the Secretary shall prescribe from time to time.
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