republic-os/legal/us/code/title-42/chapter-73/section-5816.md

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LegalText	42 U.S.C. § 5816	Personnel and services	us	united_states_code	code_section	42	THE PUBLIC HEALTH AND WELFARE	73	DEVELOPMENT OF ENERGY SOURCES	5816	42 U.S.C. § 5816	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip	/us/usc/t42/s5816	data/legal/raw/us/code/title-42/usc42.xml	1f182c54ab89530eb7c1193c4deaa9d9a87b452e1a7f575719506520297b3d3c	644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e	623981c67ba0b9859c1759bdc26febd29e77a44955f99080cf0e1a893725f3ad	2026-07-04	official	legal us-code

42 U.S.C. § 5816 - Personnel and services

Text

(a) Appointment and compensation of officers and employees 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) Employment of experts and consultants The Administrator is authorized to obtain services as provided by section 3109 of title 5.

(c) Participation of military personnel 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) Status of military personnel unaffected 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) Transportation and per diem expenses 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) Personnel of other agencies 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) Advisory boards 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) Employment of noncitizens 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.

(Pub. L. 93–438, title I, § 106, Oct. 11, 1974, 88 Stat. 1239; Pub. L. 117–286, § 4(a)(264), Dec. 27, 2022, 136 Stat. 4335.)

Notes

Editorial Notes

Amendments2022—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 sections 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 sections 1001(2) and 1013 of Title 5, Government Organization and Employees.