Title 42 — The Public Health and Welfare
Chapter 73 — Development of Energy Sources
§ 5816. Personnel and services
Statutory text
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.
Employment of experts and consultants
The Administrator is authorized to obtain services as provided by section 3109 of title 5.
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.
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.
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.
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.
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.
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.
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.
Pub. L. 93–438 title I § 106 · 88 Stat. 1233
Enacted · 42 U.S.C. § 5816
Pub. L. 93–438, title I, § 106, Oct. 11, 1974, 88 Stat. 1239
Source evidence
Code source credit
Pub. L. 93–438, title I, § 106, Oct. 11, 1974, 88 Stat. 1239Enacted provision · exact public law section
Sec. 106. (a) The Administrator is authorized to select, appoint, Appointment and pay. 42 USC 5816. employ, and fix the compensation of such officers and employees, including attorneys, pursuant to section 161 d. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2201(d)) 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 Experts and consultants. by section 3109 of title 5 of the United States Code. (c) The Administrator is authorized to provide for participation Military personnel. 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, Transportation and per diem. and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5 of the United States Code for travel between 5 USC 5701. 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 Personnel of other agencies. 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, Advisory boards. in accordance with the provisions of the Federal Advisory Committee Act (Public Law 92–463), to advise with and make recommendations 5 USC app. 1. to the Administrator on legislation, policies, administration, research, and other matters. (h) The Administrator is authorized to employ persons who are not Noncitizens employment. citizens of the United States in expert, scientific, technical, or professional capacities whenever he deems it in the public interest.Pub. L. 117–286 § 4(a)(264) · 136 Stat. 4196
Substituted · 42 U.S.C. § 5816(g)
Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (Public Law 92–463),”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (Public Law 92–463),”.Enacted provision · exact public law section
(264) Section 106(g) of the Energy Reorganization Act of 1974 (42 U.S.C. 5816(g)) is amended by striking “the Federal Advisory Committee Act (Public Law 92–463),” and inserting “chapter 10 of title 5, United States Code,”.
2 of 2 references resolved to an enrolled provision
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 sections 7151(a) and 7293 of this title.
Termination of Advisory Boards
Advisory boards established after , 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.
Credits
1974–2022 · 2 acts
- 1974Pub. L. 93–438, title I, § 106, , 88 Stat. 1239
- 2022Pub. L. 117–286, § 4(a)(264), , 136 Stat. 4335.
Show as published
(Pub. L. 93–438, title I, § 106, , 88 Stat. 1239; Pub. L. 117–286, § 4(a)(264), , 136 Stat. 4335.)