§5149 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agencies may take and use help or facilities from state or local governments if those governments agree. Agencies may hire temporary workers and set their pay without following the usual federal competitive hiring rules. They may hire experts or consultants under section 3109 and do not have to follow the normal job classification and General Schedule pay rules. Agencies may also make contracts or spend money to get or rent equipment, services, supplies, shipping, travel, and communication, and to run and supervise those activities. Any spending, including for temporary workers, is limited to the amounts the President provides. The FEMA Administrator can hire temporary people and, after they have worked continuously for 3 years, treat them like competitive service employees for transfer, reassignment, or promotion. Those hired as intermittent personnel for FEMA service under sections 5170 and 5191 or to train get the protections in chapter 43 of title 38. If notice of absence is not given because of the need to perform or train for that FEMA service, that counts as “military necessity” under section 4312(b) of title 38. The Administrator decides when that applies, and that decision cannot be reviewed by any court or agency.

Title 42, §5149

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In carrying out the purposes of this chapter, any Federal agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or employee thereof, with the consent of such government.

(b)In performing any services under this chapter, any Federal agency is authorized—

(1)to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5 governing appointments in competitive service;

(2)to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and

(3)to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President.

(c)The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal Emergency Management Agency in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.

(d)(1)The protections, rights, benefits, and obligations provided under chapter 43 of title 38 shall apply to intermittent personnel appointed pursuant to subsection (b)(1) to perform service to the Federal Emergency Management Agency under section 5170 and 5191 of this title or to train for such service.

(2)Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under section 5170 and 5191 of this title or to train for such service shall be considered preclusion by “military necessity” for purposes of section 4312(b) of title 38 pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of this title and Tables.

Prior Provisions

A prior section 306 of Pub. L. 93–288 was classified to section 5146 of this title prior to repeal by Pub. L. 100–707.

Amendments

2022—Subsec. (d). Pub. L. 117–178 added subsec. (d). 2018—Subsec. (c). Pub. L. 115–254 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

§5149 Performance of services