PUBLIC LAW 101-509 —NOV. 5, 1990 104 STAT. 1463 (d) EMPLOYEES RECEIVING SPECIAL PAY RATES.— The President (or his designated agent) shall determine what, if any, geographic adjustment shall he payable under this section in the case of an employee whose rate of pay is fixed under section 5303 of title 5, United States Code, as in effect before the date of enactment of this Act. (e) EFFECTIVE DATE.—This section shall take effect on the date of enactment of this Act. SEC. 303. PAY RATES FOR CURRENT EMPLOYEES. Nothing in this Act or in any amendment made by this Act shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service. SEC. 304. SENIOR BIOMEDICAL RESEARCH SERVICE. (a) IN GENERAL.—Title II of the Public Health Service Act is amended by adding at the end the following: President. 5 USC 5301 note. SENIOR BIOMEDICAL RESEARCH SERVICE "SEC. 228. (a) 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. "(b) The Service shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, 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 G&-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, United States Code, shall not apply to any member of the Service. "(c) 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)(l) 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 CJeneral 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, United States Code. "(e) The Secretary may, upon the request of a member who— Establishment. 42 USC 237.
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