PUBLIC LAW 95-91— AUG. 4, 1977 91 STAT. 597 



and pinployoes sliall be appointed in accordance with the civil service 

 laws and their compensation fixed in accordance with title 5, LTnited 

 States Code. 



(b)(1) Subject to the limitations provided in paragraph (2) and 

 to the extent the Secretary deems such action necessary to the dis- 

 charge of his functions, he may appoint not more than throe hundred 

 eleven of the scientific, en'rint'erinjr, professional, and administrative 

 personnel of the depai-tment witliout rejiard to the civil service laws, 

 and may fix the compensation of such personnel not in excess of the 

 maximum rate pavahle for (iS-lS of the General Sciiedule under sec- 

 tion 5332 of title r),"United States Code. 5 use 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 etTec- 

 tive date of this Act, to fill such position under paragraph (1) 

 leaves such position, or 



(R) 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 *uch title, the Secretary may place at GS-16, GS-17, and 

 GS-IS. not to exceed one hundred seventy-eight positions of the posi- 

 tions subject to the limitation of the first sentence of section 5108(a* 

 of su'^li title. 



(2) Appointments under this subsection may lie made without 

 regard to the provisions of sections 3324 of title 5, United States Code, 

 relating to the approval by tiie Civil Service Commission of appoint- 

 ments 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) In addition to the number of ])ositions which may be placed 

 at GS-16, GS-17, and CiS-18 under section 5108 of title 5, I'nited 

 States Code, under existing law. or under this Act and to the extent 

 the Secretary deems such action necessary to the discharge of his func- 

 tions, 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 per- 

 sonnel 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 GS-18 

 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 prsitions, 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. In addition to tho.se positions created by title II of this 42 USC 7232. 

 Act, there shall be within the Department fourteen additional officers ^"'^^ P- ^69. 

 in positions authorized by section 5316 of title 5. LTnited 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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