
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC299c-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
       SUBCHAPTER VII--AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
 
                       Part C--General Provisions
 
Sec. 299c-5. Certain administrative authorities


(a) Deputy director and other officers and employees

                         (1) Deputy director

        The Director may appoint a deputy director for the Agency.

                  (2) Other officers and employees

        The Director may appoint and fix the compensation of such 
    officers and employees as may be necessary to carry out this 
    subchapter. Except as otherwise provided by law, such officers and 
    employees shall be appointed in accordance with the civil service 
    laws and their compensation fixed in accordance with title 5.

(b) Facilities

    The Secretary, in carrying out this subchapter--
        (1) may acquire, without regard to section 34 of title 40, by 
    lease or otherwise through the Administrator of General Services, 
    buildings or portions of buildings in the District of Columbia or 
    communities located adjacent to the District of Columbia for use for 
    a period not to exceed 10 years; and
        (2) may acquire, construct, improve, repair, operate, and 
    maintain laboratory, research, and other necessary facilities and 
    equipment, and such other real or personal property (including 
    patents) as the Secretary deems necessary.

(c) Provision of financial assistance

    The Director, in carrying out this subchapter, may make grants to 
public and nonprofit entities and individuals, and may enter into 
cooperative agreements or contracts with public and private entities and 
individuals.

(d) Utilization of certain personnel and resources

             (1) Department of Health and Human Services

        The Director, in carrying out this subchapter, may utilize 
    personnel and equipment, facilities, and other physical resources of 
    the Department of Health and Human Services, permit appropriate (as 
    determined by the Secretary) entities and individuals to utilize the 
    physical resources of such Department, and provide technical 
    assistance and advice.

                         (2) Other agencies

        The Director, in carrying out this subchapter, may use, with 
    their consent, the services, equipment, personnel, information, and 
    facilities of other Federal, State, or local public agencies, or of 
    any foreign government, with or without reimbursement of such 
    agencies.

(e) Consultants

    The Secretary, in carrying out this subchapter, may secure, from 
time to time and for such periods as the Director deems advisable but in 
accordance with section 3109 of title 5, the assistance and advice of 
consultants from the United States or abroad.

(f) Experts

                           (1) In general

        The Secretary may, in carrying out this subchapter, obtain the 
    services of not more than 50 experts or consultants who have 
    appropriate scientific or professional qualifications. Such experts 
    or consultants shall be obtained in accordance with section 3109 of 
    title 5, except that the limitation in such section on the duration 
    of service shall not apply.

                         (2) Travel expenses

        (A) In general

            Experts and consultants whose services are obtained under 
        paragraph (1) shall be paid or reimbursed for their expenses 
        associated with traveling to and from their assignment location 
        in accordance with sections 5724, 5724a(a), 5724a(c), and 
        5726(c) of title 5.

        (B) Limitation

            Expenses specified in subparagraph (A) may not be allowed in 
        connection with the assignment of an expert or consultant whose 
        services are obtained under paragraph (1) unless and until the 
        expert agrees in writing to complete the entire period of 
        assignment, or 1 year, whichever is shorter, unless separated or 
        reassigned for reasons that are beyond the control of the expert 
        or consultant and that are acceptable to the Secretary. If the 
        expert or consultant violates the agreement, the money spent by 
        the United States for the expenses specified in subparagraph (A) 
        is recoverable from the expert or consultant as a statutory 
        obligation owed to the United States. The Secretary may waive in 
        whole or in part a right of recovery under this subparagraph.

(g) Voluntary and uncompensated services

    The Director, in carrying out this subchapter, may accept voluntary 
and uncompensated services.

(July 1, 1944, ch. 373, title IX, Sec. 926, as added Pub. L. 106-129, 
Sec. 2(a), Dec. 6, 1999, 113 Stat. 1668.)

                       References in Text

    The civil service laws, referred to in subsec. (a)(2), are set forth 
in Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.


                            Prior Provisions

    A prior section 299c-5, act July 1, 1944, ch. 373, title IX, 
Sec. 926, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19, 
1989, 103 Stat. 2204; amended Pub. L. 101-381, title I, Sec. 102(7), 
Aug. 18, 1990, 104 Stat. 586; Pub. L. 102-410, Sec. 10, Oct. 13, 1992, 
106 Stat. 2101; Pub. L. 103-43, title XX, Sec. 2010(b)(8), June 10, 
1993, 107 Stat. 214, authorized appropriations to carry out this 
subchapter, prior to the general amendment of this subchapter by Pub. L. 
106-129. See section 299c-6 of this title.
