§9105 — Title 20 Education | U.S. Code

Summary

The Director can hire employees and set their pay as needed to run the Institute, following the federal rules in Title 5. For technical and professional staff, the Director can hire them without using the usual competitive hiring rules and without following the General Schedule pay rules. Those hires cannot be more than 1/5 of the Institute’s full-time regular or professional employees. Normally their pay cannot exceed the GS‑15 rate (see 5 U.S.C. 5332), but up to 3 of them may be paid more, up to the Executive Schedule level IV rate (see 5 U.S.C. 5315). The Director can accept unpaid volunteers and repay their travel and per diem under the same rules as 5 U.S.C. 5703. The Director can also use experts and consultants, including expert panels, as allowed under 5 U.S.C. 3109.

Title 20, §9105

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(a)The Director may, in accordance with applicable provisions of title 5, appoint and determine the compensation of such employees as the Director determines to be necessary to carry out the duties of the Institute.

(b)(1)Subject to paragraph (2), the Director may appoint without regard to the provisions of title 5 governing the appointment in the competitive service and may compensate without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title (relating to the classification and General Schedule pay rates), such technical and professional employees as the Director determines to be necessary to carry out the duties of the Institute.

(2)(A)The number of employees appointed and compensated under paragraph (1) shall not exceed ⅕ of the number of full-time regular or professional employees of the Institute.

(B)(i)Except as provided in clause (ii), the rate of basic compensation for the employees appointed and compensated under paragraph (1) may not exceed the rate prescribed for level GS–15 of the General Schedule under section 5332 of title 5.

(ii)The Director may appoint not more than 3 employees under paragraph (1) at a rate of basic compensation that exceeds the rate described in clause (i) but does not exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5.

(c)The Director may accept and utilize the voluntary services of individuals and reimburse the individuals for travel expenses, including per diem in lieu of subsistence, in the same amounts and to the same extent as authorized under section 5703 of title 5 for persons employed intermittently in Federal Government service.

(d)The Director may use experts and consultants, including panels of experts, who may be employed as authorized under section 3109 of title 5.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 206 of Pub. L. 94–462 was classified to section 965 of this title prior to the general amendment of title II of Pub. L. 94–462 by Pub. L. 104–208.

Amendments

2010—Subsec. (b)(2). Pub. L. 111–340, § 103(1), added par.(2) and struck out heading and text of former par. (2). Prior to amendment, text read as follows: “The number of employees appointed and compensated under paragraph (1) shall not exceed ⅕ of the number of full-time regular or professional employees of the Institute. The rate of basic compensation for the employees appointed and compensated under paragraph (1) may not exceed the rate prescribed for level GS–15 of the General Schedule under section 5332 of title 5.” Subsec. (d). Pub. L. 111–340, § 103(2), added subsec. (d). 1997—Subsecs. (b), (c). Pub. L. 105–128 added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Consideration Given to Individuals With Experience Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 706], Sept. 30, 1996, 110 Stat. 3009–233, 3009–311, required Director of the Institute of Museum and Library Services to give strong consideration to individuals with experience in administering State-based and national library and information services programs when appointing employees of the Office of Library Services, prior to repeal by Pub. L. 108–81, title V, § 505(b), Sept. 25, 2003, 117 Stat. 1004.

§9105 Personnel