42 U.S.C. § 913

Duties and authority of Secretary

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The Secretary shall perform the duties imposed upon the Secretary by this chapter. The Secretary is authorized to appoint and fix the compensation of such officers and employees, and to make such expenditures as may be necessary for carrying out the functions of the Secretary under this chapter. The Secretary may appoint attorneys and experts without regard to the civil service laws.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1996–2024 · leading case: Trump v. United States, 603 U.S. 593 (2024).
Trump v. United States, 603 U.S. 593 (2024). “§ 3461 (Department of Education); 42 U. S. C. § 913 Page Proof Pending Publication (Department of Health and Human Services).”
United States v. Concord Mgmt. & Consulting LLC, 317 F. Supp. 3d 598 (D.C. Cir. 2018). · cites it 2× “§ 3461 (a) (Education Secretary "is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department"); 42 U.S.C. § 913 (HHS Secretary "is authorized to appoint…”
Trump v. United States, 603 U.S. 593 (2024). “§3461 (Department of Education); 42 U. S. C. §913 (Department of Health and Human Services).”
Pennsylvania, Dep't of Pub. Welfare v. United States Dep't of Health & Human Servs., 80 F.3d 796 (3rd Cir. 1996). · cites it 5× “See 42 U.S.C. § 913 . This section provides, in pertinent part, that: the Secretary is authorized to appoint and fix the compensation of such officers and employees and to make such expenditures as may be necessary for carrying out the functions of the Secretary under this…”
United States v. Concord Mgmt. & Consulting LLC (D.D.C. 2018). · cites it 2× “§ 3461 (a) (Education Secretary “is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department”); 42 U.S.C. § 913 (HHS Secretary “is authorized to appoint…”
United States v. Concord Mgmt. & Consulting LLC (D.D.C. 2018). · cites it 2× “§ 3461 (a) (Education Secretary “is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department”); 42 U.S.C. § 913 (HHS Secretary “is authorized to appoint…”
FIP Realty Co., Ltd. v. Ingersoll-Rand plc (S.D. Ohio 2021). “42 U.S.C. § 913 (f)(3)(B). Per the first finding in the Final Orders and Covenant, the Ohio EPA did indeed “releaseFIP Realty Co.”
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