110 STAT. 3232 PUBLIC LAW 104-264—OCT. 9, 1996 burdensome regulation issued by the Administrator after such date of enactment beginning not later than 3 years after the effective date of the regulation to determine if the cost assumptions were accurate, the benefit of the regulations, and the need to continue such regulations in force in their present form. "(ii) The Administrator may identify for review under the criteria set forth in clause (i) unusually burdensome regulations that were issued before the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and that have been in force for more than 3 years. "(iii) For purposes of this subparagraph, the term 'unusually burdensome regulation' means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Air Traffic Management System Performance Act of 1996) in any year. "(iv) The periodic review of regulations may be performed by advisory committees and the Management Advisory Council established under subsection (p).". SEC. 225. PERSONNEL AND SERVICES. Section 106 is amended by adding at the end the following: " (1) 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 boimd by any requirement to estabhsh 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 Federed
�
