116 STAT. 450 PUBLIC LAW 107-171—MAY 13, 2002 "(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 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); 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, United States Code, governing appointments in the competitive service; "(ii) the provisions of subchapter I of chapter 35 of title 5, United States Code, relating to retention preference; "(iii) the provisions of chapter 43 of title 5, United States Code, relating to performance appraisal and performance actions; "(iv) the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates; and "(v) the provisions of chapter 75 of title 5, United States Code, 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 emplo3mrient 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 jiayable 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, United States Code. " (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 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) immediately prior to appointment as a member of the Service and who retains the right to
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