
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC237]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 237. Silvio O. Conte Senior Biomedical Research Service


(a) Creation; number of members

    (1) There shall be in the Public Health Service a Silvio O. Conte 
Senior Biomedical Research Service, not to exceed 500 members.
    (2) The authority established in paragraph (1) regarding the number 
of members in the Silvio O. Conte Senior Biomedical Research Service is 
in addition to any authority established regarding the number of members 
in the commissioned Regular Corps, in the Reserve Corps, and in the 
Senior Executive Service. Such paragraph may not be construed to require 
that the number of members in the commissioned Regular Corps, in the 
Reserve Corps, or in the Senior Executive Service be reduced to offset 
the number of members serving in the Silvio O. Conte Senior Biomedical 
Research Service (in this section referred to as the ``Service'').

(b) Appointments; qualifications; provisions inapplicable to members

    The Service shall be appointed by the Secretary without regard to 
the provisions of title 5 regarding appointment, and shall consist of 
individuals outstanding in the field of biomedical research or clinical 
research evaluation. No individual may be appointed to the Service 
unless such individual (1) has earned a doctoral level degree in 
biomedicine or a related field, and (2) meets the qualification 
standards prescribed by the Office of Personnel Management for 
appointment to a position at GS-15 of the General Schedule. 
Notwithstanding any previous applicability to an individual who is a 
member of the Service, the provisions of subchapter I of chapter 35 
(relating to retention preference), chapter 43 (relating to performance 
appraisal and performance actions), chapter 51 (relating to 
classification), subchapter III of chapter 53 (relating to General 
Schedule pay rates), and chapter 75 (relating to adverse actions) of 
title 5 shall not apply to any member of the Service.

(c) Performance appraisal system

    The Secretary shall develop a performance appraisal system designed 
to--
        (1) provide for the systematic appraisal of the performance of 
    members, and
        (2) encourage excellence in performance by members.

(d) Pay of members

    (1) The Secretary shall determine, subject to the provisions of this 
subsection, the pay of members of the Service.
    (2) The pay of a member of the Service shall not be less than the 
minimum rate payable for GS-15 of the General Schedule and shall not 
exceed the rate payable for level I of the Executive Schedule unless 
approved by the President under section 5377(d)(2) of title 5.

(e) Contribution to retirement system of institutions of higher 
        education

    The Secretary may, upon the request of a member who--
        (1) performed service in the employ of an institution of higher 
    education immediately prior to his appointment as a member of the 
    Service, and
        (2) retains the right to continue to make contributions to the 
    retirement system of such institution,

contribute an amount not to exceed 10 percent per annum of the member's 
basic pay to such institution's retirement system on behalf of such 
member. A member who requests that such contribution be made shall not 
be covered by, or earn service credit under, any retirement system 
established for employees of the United States under title 5, but such 
service shall be creditable for determining years of service under 
section 6303(a) of such title.

(f) Career and noncareer appointment of certain individuals

    Subject to the following sentence, the Secretary may, 
notwithstanding the provisions of title 5 regarding appointment, appoint 
an individual who is separated from the Service involuntarily and 
without cause to a position in the competitive civil service at GS-15 of 
the General Schedule, and such appointment shall be a career 
appointment. In the case of such an individual who immediately prior to 
his appointment to the Service was not a career appointee in the civil 
service or the Senior Executive Service, such appointment shall be in 
the excepted civil service and may not exceed a period of 2 years.

(g) Rules and regulations

    The Secretary shall promulgate such rules and regulations, not 
inconsistent with this section, as may be necessary for the efficient 
administration of the Service.

(July 1, 1944, ch. 373, title II, Sec. 228, as added Pub. L. 101-509, 
title V, Sec. 529 [title III, Sec. 304(a)], Nov. 5, 1990, 104 Stat. 
1427, 1463; amended Pub. L. 103-43, title XX, Sec. 2001, June 10, 1993, 
107 Stat. 208.)

                       References in Text

    The General Schedule, referred to in subsecs. (b), (d)(2), and (f), 
is set out under section 5332 of Title 5, Government Organization and 
Employees.
    The provisions of title 5 regarding appointments, referred to in 
subsecs. (b) and (f), are classified to section 3301 et seq. of Title 5.
    Level I of the Executive Schedule, referred to in subsec. (d)(2), is 
set out in section 5312 of Title 5.


                               Amendments

    1993--Pub. L. 103-43, Sec. 2001(b), substituted ``Silvio O. Conte 
Senior Biomedical Research Service'' for ``Senior Biomedical Research 
Service'' in section catchline.
    Subsec. (a). Pub. L. 103-43, Sec. 2001(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``There 
shall be in the Public Health Service a Senior Biomedical Research 
Service (hereinafter in this section referred to as the `Service'), not 
to exceed 350 members at any time.''


                             Effective Date

    Section effective on the 90th day following Nov. 5, 1990, see 
section 529 [title III, Sec. 304(c)] of Pub. L. 101-509, set out as an 
Effective Date of 1990 Amendment note under section 212 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 212 of this title.
