§ 5149. Performance of services
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(a)Utilization of services or facilities of State and local governments In carrying out the purposes of this chapter, any Federal agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or employee thereof, with the consent of such government.
(b)Appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies In performing any services under this chapter, any Federal agency is authorized—
(1)to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5 governing appointments in competitive service;
(2)to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and
(3)to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President.
(c)Appointment of temporary personnel in the Federal Emergency Management Agency The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal Emergency Management Agency in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.
(d)Personnel performing service responding to disasters and emergencies
(1)USERRA employment and reemployment rights The protections, rights, benefits, and obligations provided under chapter 43 of title 38 shall apply to intermittent personnel appointed pursuant to subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 5170 and 5191 of this title or to train for such service.
(2)Notice of absence from position of employment Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 5170 and 5191 of this title or to train for such service shall be considered preclusion by “military necessity” for purposes of section 4312(b) of title 38 pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding.
(Pub. L. 93–288, title III, § 306, formerly § 309, May 22, 1974, 88 Stat. 149; renumbered § 306, Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691; amended Pub. L. 115–254, div. D, § 1222, Oct. 5, 2018, 132 Stat. 3454; Pub. L. 117–178, § 2, Sept. 29, 2022, 136 Stat. 2110.)
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U.S. Code
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statutes-at-large
- Public Law 93–287To authorize the Secretary of State or such officer as he may designate to conclude an agreement with the People’s Republic of China for indemnification for any loss or damage to objects in the “Exhibition of the Archeological Finds of the People’s Republic of China” while in the possession of the G
- Public Law 117–178To amend the Robert T
- Public Law 115–253To amend title 18, United States Code, to clarify the meaning of the terms “act of war” and “blocked asset”, and for other purposes
statute-compilations
register
bill
- Sec. 1131Expansion of personnel flexibilities relating to land management agencies to include all agencies
- Sec. 1131Expansion of personnel flexibilities relating to land management agencies to include all agencies
- Sec. 1131Expansion of personnel flexibilities relating to land management agencies to include all agencies
- Sec. 205Performance of services
- Sec. 2Housing assistance
- Sec. 303Performance of services
- Sec. 2022Performance of services
- Sec. 2022Performance of services
- Sec. 2022Performance of services
- Sec. 2Housing assistance
- Sec. 3Personnel flexibility relating to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
- Sec. 1222Performance of services
- Sec. 1222Performance of services
- Sec. 303Performance of services
- Sec. 2022Performance of services
- Sec. 621Performance of services
- Sec. 621Performance of services
- Sec. 621Performance of services
- Sec. 1222Performance of services
- Sec. 22Performance of services
- Sec. 22Performance of services
- Sec. 3Personnel flexibility relating to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
- Sec. 3Resilience force
- Sec. 5Authorization for surge capacity for Federal Emergency Management Agency
- Sec. 2Grants to increase Federal public health reserve corps personnel
- Sec. 3Resilience force
- Sec. 5Authorization for surge capacity for Federal Emergency Management Agency
- Sec. 3Resilience force
- Sec. 2Personnel performing service responding to presidentially declared major disasters and emergencies
- Sec. 3Extension of certain employment and reemployment rights to FEMA reservists
- Sec. 2Personnel performing service responding to presidentially declared major disasters and emergencies
- Sec. 2Personnel performing service responding to presidentially declared major disasters and emergencies
- Sec. 3Resilience force
- Sec. 2Personnel performing service responding to presidentially declared major disasters and emergencies
- Sec. 3Extension of certain employment and reemployment rights to FEMA reservists
- Sec. 2Personnel performing service responding to presidentially declared major disasters and emergencies
- Sec. 3Extension of certain employment and reemployment rights to FEMA reservists
11 references not yet in our index
- Pub. L. 93–288, title III, § 306
- 88 Stat. 149
- Pub. L. 100–707, title I, § 105(d)
- 102 Stat. 4691
- 132 Stat. 3454
- 136 Stat. 2110
- Pub. L. 93–288
- 88 Stat. 143
- section 306 of Pub. L. 93–288
- section 5146 of this title
- Pub. L. 100–707
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§ 5149
Performance of services
Bills×49
Fed. Reg.×9
U.S.C.×8
Stat. Comp.×6
Stat.×6
Pub. L.×5
Pub. L.Pub. L. 93–288, title III, § 306
Stat.88 Stat. 149
Pub. L.Pub. L. 100–707, title I, § 105(d)
Stat.102 Stat. 4691
Stat.132 Stat. 3454
Cites 15 · showing 9Cited by 83 across 6 sources