
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: 42USC5816]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
      SUBCHAPTER I--ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION
 
Sec. 5816. Personnel and services


(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 the Federal Advisory Committee Act 
(Public Law 92-463), 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, Sec. 106, Oct. 11, 1974, 88 Stat. 1239.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (g), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.

                          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 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 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 
5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 5919 of this title.
