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Title 20 — Education

Chapter 72 — Museum and Library Services

§ 9105. Personnel

Statutory text

(a)

In general

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)

Appointment and compensation of technical and professional employees

(1)

In general

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)

Number and compensation

(A)

In general

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)

Rate of compensation

(i)

In general

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)

Exception

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)

Voluntary services

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)

Experts and consultants

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Museum Services Act

    Pub. L. 94–462 title II § 206 · 90 Stat. 1971

    Enacted · 20 U.S.C. § 9105

    Pub. L. 94–462, title II, § 206, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–295

    Source evidence

    Code source credit
    Pub. L. 94–462, title II, § 206, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–295

    Enacted provision · exact public law section
    Sec. 206. activities of the institute (a) The Director, subject to the policy direction of the Grants. 20 USC 965. Board, is authorized to make grants to museums to increase and improve museum services, through such activities as— (1) programs to enable museums to construct or install displays, interpretations, and exhibitions in order to improve their services to the public; (2) assisting them in developing and maintaining professionally-trained or otherwise experienced staff to meet their needs ; (3) assisting them to meet their administrative costs in preserving and maintaining their collections, exhibiting them to the public, and providing educational programs to the public through the use of their collections; (4) assisting museums in cooperation with each other in the development of traveling exhibitions, meeting transportation costs, and identifying and locating collections available for loan; (5) assisting them in conservation of artifacts and art objects; and (6) developing and carrying out specialized programs for specific segments of the public, such as programs for urban neighborhoods, rural areas, Indian reservations, and penal and other State institutions. (b) Grants under this section for any fiscal year may not exceed 50 per centum of the cost of the program for which the grant is made, except that not more than 20 per centum of the funds available under this section for any fiscal year may be available for grants in such fiscal year without regard to Such limitation.

  2. Museum and Library Services Technical and Conforming Amendments of 1997

    Pub. L. 105–128 § 2 · 111 Stat. 2548

    1. Added · 20 U.S.C. § 9105(b); 20 U.S.C. § 9105(c)

      Pub. L. 105–128 added subsec. (b)

    2. Redesignated · 20 U.S.C. § 9105(b); 20 U.S.C. § 9105(c)

      Pub. L. 105–128 redesignated former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 105–128 added subsec. (b) and redesignated former subsec. (b) as (c).

    Enacted provision · exact public law section
    SEC. 2. APPOINTMENT OF EMPLOYEES. Section 206 of the Museum and Library Services Act (20 U.S.C. 9105 et seq.) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: “(b) Appointment and Compensation of Technical and Professional Employees..— “(1) In general.— Subject to paragraph (2), the Director may appoint without regard to the provisions of title 5, United States Code, 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) Number and compensation.— 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.”.

  3. Museum and Library Services Act of 2010

    Pub. L. 111–340 § 103(1) · 124 Stat. 3594

    1. Added · 20 U.S.C. § 9105(b)(2)

      Pub. L. 111–340, § 103(1), added par.(2)

    2. Struck · 20 U.S.C. § 9105(b)(2)

      Pub. L. 111–340, § 103(1), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) by striking paragraph (2) of subsection (b) and inserting the following: “(2) Number and compensation.— “(A) In general.— 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) Rate of compensation.— “(i) In general.— 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, United States Code. “(ii) Exception.— 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, United States Code.” ; and

  4. Museum and Library Services Act of 2010

    Pub. L. 111–340 § 103(2) · 124 Stat. 3594

    Added · 20 U.S.C. § 9105(d)

    Pub. L. 111–340, § 103(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–340, § 103(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(d) Experts and Consultants.— The Director may use experts and consultants, including panels of experts, who may be employed as authorized under section 3109 of title 5, United States Code.” .

6 of 6 references resolved to an enrolled provision

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.

Amendments1997–2010 · 2 rounds

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], , 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), , 117 Stat. 1004.

Credits

1996–2010 · 3 acts
  1. 1996Pub. L. 94–462, title II, § 206, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], , 110 Stat. 3009–233, 3009–295
  2. 1997amended Pub. L. 105–128, § 2, , 111 Stat. 2548
  3. 2010Pub. L. 111–340, title I, § 103, , 124 Stat. 3596.
Show as published

(Pub. L. 94–462, title II, § 206, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], , 110 Stat. 3009–233, 3009–295; amended Pub. L. 105–128, § 2, , 111 Stat. 2548; Pub. L. 111–340, title I, § 103, , 124 Stat. 3596.)

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