§151304 — Title 36 Patriotic and National Observances | U.S. Code

Summary

The board of directors can hire officers or employees, but only after the corporation has enough money to pay them. Those officers and employees are not employees of the United States Government. They can be hired without following the usual federal competitive hiring rules in title 5. Their pay can ignore chapter 51 and subchapter III of chapter 53 of title 5, except no one may be paid more than 15 percent above the annual basic pay rate for GS‑15 under section 5107 of title 5.

Title 36, §151304

Patriotic and National Observances — Source: USLM XML via OLRC

(a)The board of directors may appoint officers or employees, but only after the corporation has sufficient funds to pay for their services.

(b)Officers and employees of the corporation—

(1)shall not be considered employees of the United States Government;

(2)shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service; and

(3)may be paid without regard to chapter 51 and subchapter III of chapter 53 of title 5, except that an officer or employee may not be paid more than 15 percent above the annual rate of basic pay for level GS–15 of the General Schedule under section 5107 of title 5.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 151304(a)36:5202(g)(1)(A), (2).Oct. 26, 1992, Pub. L. 102–522, title II, § 203(g)(1)(A), (2), (h), 106 Stat. 3418. 151304(b)36:5202(h). Subsection (a) is substituted for the source provisions for clarity. In subsection (b)(3), the words “relating to classification and General Schedule pay rates” are omitted as unnecessary.

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (b)(3), is set out under section 5332 of Title 5, Government Organization and Employees. Codification section 5202(g)(1) of former Title 36, from which this section was derived, was amended after the Aug. 15, 1997, cutoff date by Pub. L. 105–276, title IV, § 427(b), Oct. 21, 1998, 112 Stat. 2511, see section 5(a) of Pub. L. 105–225, set out as a Legislative Purpose and

Construction

note preceding section 101 of this title. The subsequent amendment made directly to this section by section 113(c)(1) of Pub. L. 106–503 replicated the prior amendment made by Pub. L. 105–276.

Amendments

2003—Subsec. (b)(3). Pub. L. 108–169 inserted “15 percent above” after “more than”. 2000—Subsec. (a). Pub. L. 106–503, § 113(c)(1), struck out “not more than 2” after “appoint”. Subsec. (b)(1). Pub. L. 106–503, § 113(c)(2), substituted “shall not be considered” for “are not”.

§151304 Officers and Employees