36 U.S.C. § 151704: Officers and employees

Summary

The Librarian of Congress must hire a Secretary of the Board to run the corporation and may remove that person. The Secretary must have experience with film preservation and restoration, financial management, and fundraising. The board hires the other officers. The Secretary hires the employees. Employees (including the Secretary) are not Library of Congress employees. They are hired and fired outside the usual federal competitive rules and may be paid without following some federal pay laws, but no one may be paid more than the annual basic pay for GS‑15 of the General Schedule under section 5107 of title 5.

Title 36, §151704

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(a)Secretary of the Board.—

(1)The Librarian of Congress shall appoint a Secretary of the Board to serve as executive director of the corporation. The Librarian may remove the Secretary.

(2)The Secretary must be knowledgeable and experienced in matters relating to—

(A)film preservation and restoration activities;

(B)financial management; and

(C)fundraising.

(b)Appointment of Officers.—

Except as provided in subsection (a) of this section, the board of directors appoints, removes, and replaces officers of the corporation.

(c)Appointment of Employees.—

Except as provided in subsection (a) of this section, the Secretary appoints, removes, and replaces employees of the corporation.

(d)Status and Compensation of Employees.—

Employees of the corporation (including the Secretary)—

(1)are not employees of the Library of Congress;

(2)shall be appointed and removed 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 employee may not be paid more than 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) 151704(a)36:5702(g)(2)(B), (C).Oct. 11, 1996, Pub. L. 104–285, title II, § 203(g)(1)(A), (2)(A) (1st, 2d sentences, last sentence related to employees), (B), (C), 110 Stat. 3384. 151704(b)36:5702(g)(1)(A). 151704(c)36:5702(g)(2)(A) (1st sentence). 151704(d)36:5702(g)(2)(A) (2d sentence, last sentence related to employees). In subsection (a)(1), the words “The first employee appointed shall be the Secretary of the Board” in 36:5702(g)(2)(B) are omitted as unnecessary. The words “executive director of the corporation” are substituted for “its executive director” in 36:5702(g)(2)(C)(i) for clarity. In subsection (b), the words “the board of directors appoints, removes, and replaces officers of the corporation” are substituted for “The Board may complete the organization of the Foundation by . . . appointing, removing, and replacing officers” for clarity. In subsection (d)(1), the words “are not employees” are substituted for “nor . . . shall be construed to be employees” in 36:5702(g)(2)(A) (last sentence related to employees) for clarity.

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (d)(3), is set out under section 5332 of Title 5, Government Organization and Employees.

§151704 Officers and Employees