Sec. 621. officers and employees
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## Sec. 621 officers and employees ###
(a)In the performance of his functions the Secretary is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out such functions. Except as otherwise provided in this section, such officers 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 payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code. ####
(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 5108(a) of such title, the Secretary may place at GS–16, GS–17, and GS–18, not to exceed one hundred seventy-eight positions of the positions subject to the limitation of the first sentence of section 5108(a) of such title. ####
(2)Appointments under this subsection may be made without regard to the provisions of sections4 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. 4So in original. Should be “section.”. ####
(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 positions which may be placed at GS–16, GS–17, and GS–18 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 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 positions, 25 percent of such positions shall be deemed GS–17 positions, and 12 percent of such positions shall be deemed GS–18. ###
(f)All positions in the Department which the Secretary determines are devoted to intelligence and intelligence-related activities of the United States Government are excepted from the competitive service, and the individuals who occupy such positions as of the date of enactment of this Act shall, while employed in such positions, be exempt from the competitive service. **[**[42 U.S.C. 7231](/us/usc/t42/s7231)**]**
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Sec. 621
officers and employees
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