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7 U.S.C. § 7657Senior Scientific Research Service

submitted 24 years ago by Pub. L. 105-185 to r/title-7-AGRICULTURE · 736 words · no verdicts yet

in plain englishAI-generated · not legal advice

USDA creates a Senior Scientific Research Service for top agricultural and forestry researchers. The Secretary appoints up to 100 doctoral-level members and sets their pay outside normal civil service rules. They keep civil service appeal rights and get protections if involuntarily separated.

(a) In general: This section creates the Senior Scientific Research Service ("the Service") within USDA. (b) Members: (1) Subject to the rules below, the Secretary appoints the Service's members. (2) To qualify, a person must have done outstanding agriculture or forestry research, earned a doctoral degree from an institution of higher education, and meet the Office of Personnel Management's qualification standards for a GS-15 level position. (3) No more than 100 people can serve as members at once. (4) Except as noted below, the Secretary may appoint and employ a member without following the usual competitive-service appointment rules, retention-preference rules, performance-appraisal and performance-action rules, classification and General Schedule pay rules, or adverse-action rules that normally apply under title 5. Even so, a member appointed this way keeps the same right to appeal to the Merit Systems Protection Board and to file a complaint with the Office of Special Counsel as someone in a regular GS-15 position. (c) Performance appraisal system: The Secretary must build a performance appraisal system for members that (1) systematically evaluates their work, and (2) encourages them to perform excellently. (d) Compensation: (1) Subject to the limits below, the Secretary sets each member's pay. (2) That pay can't be less than the minimum GS-15 rate, and can't be more than Executive Schedule Level I — unless the President approves a higher rate under section 5377(d)(2) of title 5. (e) Retirement contributions: (1) If a member used to work at a university right before joining the Service, and still has the right to keep contributing to that university's retirement system, the Secretary may — if the member asks — contribute up to 10 percent of the member's pay to that university system instead. (2) A member getting this university contribution does not, because of Service membership, get covered by or earn credit under the federal retirement systems in chapters 83 or 84 of title 5 — but their Service time still counts toward years of service for annual leave purposes under section 6303(a) of title 5. (f) Involuntary separation: (1) If a member is involuntarily separated from the Service without cause, the Secretary may appoint that person to a competitive civil service position at GS-15, as a career appointment. (2) But if that person wasn't already a career appointee in the civil service or Senior Executive Service right before joining the Service, this new appointment instead goes into the excepted civil service, and can last no more than 2 years.
the actual law source: uscode.house.gov ↗public domain
(a) In general

There is established in the Department of Agriculture the Senior Scientific Research Service (referred to in this section as the “Service”).

(b) Members
(1) In general

Subject to paragraphs (2) through (4), the Secretary shall appoint the members of the Service.

(2) Qualifications

To be eligible for appointment to the Service, an individual shall—

(A)

have conducted outstanding research in the field of agriculture or forestry;

(B)

have earned a doctoral level degree at an institution of higher education (as defined in section 1001 of title 20); and

(C)

meet qualification standards prescribed by the Director of the Office of Personnel Management for appointment to a position at level GS–15 of the General Schedule.

(3) Number

Not more than 100 individuals may serve as members of the Service at any 1 time.

(4) Other requirements
(A) In general

Subject to subparagraph (B) and subsection (d)(2), the Secretary may appoint and employ a member of the Service without regard to—

(i)

the provisions of title 5 governing appointments in the competitive service;

(ii)

the provisions of subchapter I of chapter 35 of title 5 relating to retention preference;

(iii)

the provisions of chapter 43 of title 5 relating to performance appraisal and performance actions;

(iv)

the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates; and

(v)

the provisions of chapter 75 of title 5 relating to adverse actions.

(B) Exception

A member of the Service appointed and employed by the Secretary under subparagraph (A) shall have the same right of appeal to the Merit Systems Protection Board and the same right to file a complaint with the Office of Special Counsel as an employee appointed to a position at level GS–15 of the General Schedule.

(c) Performance appraisal system

The Secretary shall develop a performance appraisal system for members of the Service that is designed to—

(1)

provide for the systematic appraisal of the employment performance of the members; and

(2)

encourage excellence in employment performance by the members.

(d) Compensation
(1) In general

Subject to paragraph (2), the Secretary shall determine the compensation of members of the Service.

(2) Limitations

The rate of pay for a member of the Service shall—

(A)

not be less than the minimum rate payable for a position at level GS–15 of the General Schedule; and

(B)

not be more than the rate payable for a position at level I of the Executive Schedule, unless the rate is approved by the President under section 5377(d)(2) of title 5.

(e) Retirement contributions
(1) In general

On the request of a member of the Service who was an employee of an institution of higher education (as defined in section 1001 of title 20) immediately prior to appointment as a member of the Service and who retains the right to continue to make contributions to the retirement system of the institution, the Secretary may contribute an amount not to exceed 10 percent of the basic pay of the member to the retirement system of the institution on behalf of the member.

(2) Federal retirement system
(A) In general

Subject to subparagraph (B), a member for whom a contribution is made under paragraph (1) shall not, as a result of serving as a member of the Service, be covered by, or earn service credit under, chapter 83 or 84 of title 5.

(B) Annual leave

Service of a member of the Service described in subparagraph (A) shall be creditable for determining years of service under section 6303(a) of title 5.

(f) Involuntary separation
(1) In general

Subject to paragraph (2) and notwithstanding the provisions of title 5 governing appointment in the competitive service, in the case of an individual who is separated from the Service involuntarily and without cause—

(A)

the Secretary may appoint the individual to a position in the competitive civil service at level GS–15 of the General Schedule; and

(B)

the appointment shall be a career appointment.

(2) Excepted civil service

In the case of an individual described in paragraph (1) who immediately prior to appointment as a member of the Service was not a career appointee in the civil service or the Senior Executive Service, the appointment of the individual under paragraph (1)—

(A)

shall be to the excepted civil service; and

(B)

may not exceed a period of 2 years.

Source credit: (Pub. L. 105–185, title VI, § 620, as added Pub. L. 107–171, title VII, § 7219, May 13, 2002, 116 Stat. 449.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 105-185 · 116 Stat. 449

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-185 on 2002-05-13.

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