§5816 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Administrator can hire and pay officers and other employees, including attorneys under section 2201(d) of this title, and can get needed services under section 3109 of title 5. The Administrator can also use staff from other federal agencies for pay-back reimbursement, hire non‑U.S. citizens for expert, scientific, technical, or professional jobs when it’s in the public interest, and set up advisory boards under chapter 10 of title 5 to give advice on laws, policy, administration, research, and similar matters. Members of the Army, Navy, Air Force, or Marine Corps may be detailed to the Administration by their military Secretary under cooperative agreements with the Secretary, except for jobs that require Senate approval. Such military members keep their rank, pay, and benefits and are not under military control for the duties they perform. The Administrator can also pay travel and per diem under chapter 57 of title 5 for people hired for emergency, temporary, or seasonal field work.

Title 42, §5816

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

(a)The Administrator is authorized to select, appoint, employ, and fix the compensation of such officers and employees, including attorneys, pursuant to section 2201(d) of this title as are necessary to perform the functions now or hereafter vested in him and to prescribe their functions.

(b)The Administrator is authorized to obtain services as provided by section 3109 of title 5.

(c)The Administrator is authorized to provide for participation of military personnel in the performance of his functions. Members of the Army, the Navy, the Air Force, or the Marine Corps may be detailed for service in the Administration by the appropriate military Secretary, pursuant to cooperative agreements with the Secretary, for service in the Administration in positions other than a position the occupant of which must be approved by and with the advice and consent of the Senate.

(d)Appointment, detail, or assignment to, acceptance of, and service in, any appointive or other position in the Administration under this section shall in no way affect the status, office, rank, or grade which such officers or enlisted men may occupy or hold, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. A member so appointed, detailed, or assigned shall not be subject to direction or control by his Armed Force, or any officer thereof, directly or indirectly, with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned.

(e)The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5 for travel between places of recruitment and duty, and while at places of duty, of persons appointed for emergency, temporary, or seasonal services in the field service of the Administration.

(f)The Administrator is authorized to utilize, on a reimbursable basis, the services of any personnel made available by any department, agency, or instrumentality, including any independent agency of the Government.

(g)The Administrator is authorized to establish advisory boards, in accordance with the provisions of chapter 10 of title 5, to advise with and make recommendations to the Administrator on legislation, policies, administration, research, and other matters.

(h)The Administrator is authorized to employ persons who are not citizens of the United States in expert, scientific, technical, or professional capacities whenever he deems it in the public interest.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (g). Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (Public Law 92–463),”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Energy Research and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by section 7151(a) and 7293 of this title. Termination of Advisory BoardsAdvisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§5816 Personnel and services