PERSONNEL AND SERVICES.

SEC. 225. PERSONNEL AND SERVICES. Section 106 is amended by adding at the end the following: “(l) Personnel and Services.— “(1) Officers and employees.— Except as provided in section 40122(a) of this title and section 347 of Public Law 104—50, the Administrator is authorized, in the performance of the functions of the Administrator, to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. In fixing compensation and benefits of officers and employees, the Administrator shall not engage in any type of bargaining, except to the extent provided for in section 40122(a), nor shall the Administrator be bound by any requirement to establish such compensation or benefits at particular levels. “(2) Experts and consultants.— The Administrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5. “(3) 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. “(4) Use of personnel from other agencies.— The Administrator is authorized to utilize the services of personnel of any other Federal agency (as such term is defined under section 551(1) of title 5). “(5) Voluntary services.— “(A) General rule.— In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal 110 STAT. 3233employees employed on a fulltime, parttime, or seasonal basis. “(B) Incidental expenses.— The Administrator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence, for volunteers who provide voluntary services under this subsection. “(C) Limited treatment as federal employees.— An individual who provides voluntary services under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, relating to tort claims.”.