§7657 — Title 7 Agriculture | U.S. Code

Summary

The Department of Agriculture creates the Senior Scientific Research Service and the Secretary chooses its members. To join, a person must have done outstanding research in agriculture or forestry, hold a doctoral degree, and meet the qualification standards for a GS–15 job set by the Office of Personnel Management. No more than 100 people may serve at one time. The Secretary can hire members without following some normal federal hiring, pay, and discipline rules, but members keep the same appeal rights to the Merit Systems Protection Board and can file complaints with the Office of Special Counsel as a GS–15 employee. The Secretary must make a performance review system to judge and encourage good work. Pay must be at least the GS–15 minimum and not more than Executive Schedule level I unless the President approves a higher rate under section 5377(d)(2) of title 5. A member who came from a college or university can ask the Secretary to send up to 10 percent of their basic pay to that institution’s retirement plan. If that is done, the member does not earn federal retirement under chapters 83 or 84, but their service counts for years of service under section 6303(a) of title 5. If a member is involuntarily separated without cause, the Secretary may place them into a GS–15 career job; if they were not a career civil servant before joining, that placement is in the excepted service and may last no more than 2 years.

Title 7, §7657

Agriculture — Source: USLM XML via OLRC

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

(b)(1)Subject to paragraphs (2) through (4), the Secretary shall appoint the members of the Service.

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

(4)(A)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)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)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)(1)Subject to paragraph (2), the Secretary shall determine the compensation of members of the Service.

(2)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)(1)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)(A)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)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)(1)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsecs. (b)(2)(C), (4)(A)(iv), (B), (d)(2)(A), and (f)(1)(A), is set out under section 5332 of Title 5, Government Organization and Employees. Level I of the Executive Schedule, referred to in subsec. (d)(2)(B), is set out in section 5312 of Title 5, Government Organization and Employees.

§7657 Senior Scientific Research Service

Summary

Title 7, §7657

Notes & Related Subsidiaries

Editorial Notes

References in Text

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