Page:United States Statutes at Large Volume 90 Part 2.djvu/958

 90 STAT. 2426 Effective date.

Effective date.

Effective date.

PUBLIC LAW 94-503—OCT. 15, 1976 (b) Effective during the one year period beginning on the date of the enactment of this Act, vacancies in positions in the Drug Enforcement Administration (other than positions described in subsection (a)) at a grade not lower than GS-14 shall be filled— (1) first, from applicants who have continuously held positions described in subsection (a) since the date of the enactment of this Act and who have applied for, and are qualified to fill, such vacancies, and (2) then, from other applicants in the order which would have occurred in the absence of this subsection. Any individual placed in a position under paragraph (1) shall be paid in accordance with subsection (d). (c)(1) Effective beginning one year after the date of the enactment of this Act, an individual in a position described in subsection (a) may be removed, suspended for more than 30 days, furloughed without pay, or reduced in rank or pay by the Administrator of the Drug Enforcement Administration if— (A) such individual has been employed in the Drug Enforcement Administration for less than the one-year period immediately preceding the date of such action, and (B) the Administrator determines, in his discretion, that such action would promote the efficiency of the service. (2) Effective beginning one year after the date of the enactment of this Act, an individual in a position described in subsection (a) may be reduced in rank or pay by the Administrator within the Drug Enforcement Administration if— (A) such individual has been continuously employed in such position since the date of the enactment of this Act, and (B) the Administrator determines, in his discretion, that such action would promote the efficiency of the service. Any individual reduced in rank or pay under this paragraph shall be paid in accordance with subsection (d). (3) The provisions of sections 7512 and 7701 of title 5, United States Code, and otherwise applicable Executive orders, shall not apply with respect to actions taken by the Administrator under paragraph (1) or any reduction in rank or pay (under paragraph (2) or otherwise) of any individual in a position described in subsection (a). (d) Any individual whose pay is to be determined in accordance with this subsection shall be paid basic pay at the rate of basic pay he was receiving immediately before he was placed in a position under subsection (b)(1) or reduced in rank or pay under subsection (c)(2), as the case may be, until such time as the rate of basic pay he would receive in the absence of this subsection exceeds such rate of basic pay. The provisions of section 5337 of title 5, United States Code, shall not apply in any case in which this subsection applies. J U S T I C E DEPARTMENT PERSONNEL

SEC. 202. (a) Subsection (c) of section 5108 of title 5, United States Code, is amended by striking out paragraph (8) and inserting in lieu thereof the following new paragraph: "(8) the Attorney General, without regard to any other provision of this section, may place a total of 32 positions in GS-16, 17, and 18:". (b) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraphs: "(109) Commissioner of Immigration and Naturalization, Department of Justice.

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