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-CITE-
16 USC Sec. 832i 01/26/98-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 12B - BONNEVILLE PROJECT-HEAD-
Sec. 832i. Employment of personnel-STATUTE-
(a) Appointment of Assistant Administrator, chief engineer, and
general counsel; compensation; duties
The Secretary of Energy shall appoint, without regard to the
civil-service laws, an Assistant Administrator, chief engineer, and
general counsel and shall fix the compensation of each in
accordance with chapter 51 and subchapter III of chapter 53 of
title 5. The Assistant Administrator shall perform the duties and
exercise the powers of the Administrator, in the event of the
absence or sickness of the Administrator until such absence or
sickness shall cease and in the event of a vacancy in the office of
Administrator until a successor is appointed
(b) Officers and employees; compensation
The Administrator, the Secretary of the Army, and the Secretary
of Energy, respectively, are authorized to appoint, subject to the
civil-service laws, such officers and employees as may be necessary
to carry out the purposes of this chapter, the appointment of whom
is not otherwise provided for, and to fix their compensation in
accordance with chapter 51 and subchapter III of chapter 53 of
title 5. The Administrator may employ laborers, mechanics, and
workmen in connection with construction work or the operation and
maintenance of electrical facilities (hereinafter called
''laborers, mechanics, and workmen''), subject to the civil-service
laws. The Administrator is further authorized to employ
physicians, under agreement and without regard to civil-service
laws or regulations, to make physical examinations of employees or
prospective employees who are or may become laborers, mechanics,
and workmen. The Administrator, the Secretary of the Army, and the
Secretary of Energy, respectively, are also authorized to appoint,
without regard to the civil-service laws, such experts as may be
necessary for carrying out the functions entrusted to them under
this chapter.
(c) Voluntary and uncompensated services; utilization of personnel
and equipment of other governmental agencies
The Administrator may accept and utilize such voluntary and
uncompensated services and with the consent of the agency concerned
may utilize such officers, employees, or equipment of any agency of
the Federal, State, or local governments which he finds helpful in
carrying out the purposes of this chapter; in connection with the
utilization of such services, reasonable payments may be allowed
for necessary travel and other expenses.-SOURCE-
(Aug. 20, 1937, ch. 720, Sec. 10, 50 Stat. 736; Oct. 23, 1945, ch.
433, Sec. 5, 59 Stat. 547; July 26, 1947, ch. 343, title II, Sec.
205(a), 61 Stat. 501; Oct. 28, 1949, ch. 782, title XI, Sec.
1106(a), 63 Stat. 972; Aug. 4, 1977, Pub. L. 95-91, title III, Sec.
301(b), 302(a)(1)(D), (2), 91 Stat. 578.)-REFTEXT-
REFERENCES IN TEXT
The civil-service laws, referred to in subsecs. (a) and (b), are
set forth in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.-COD-
CODIFICATION
In subsecs. (a) and (b), ''chapter 51 and subchapter III of
chapter 53 of title 5'' substituted for ''the Classification Act of
1949, as amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept.
6, 1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
Provisions of the second and fourth sentences of subsec. (b)
which authorized the Administrator to fix the compensation of
laborers, mechanics and workmen without regard to the
Classification Act of 1923, and any other laws, rules, or
regulations relating to the payment of employees of the United
States and which authorized the Administrator, the Secretary of the
Army and the Secretary of Energy to fix the compensation of experts
without regard to the Classification Act of 1923, were omitted as
obsolete. Sections 1202 and 1204 of the Classification Act of
1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or
parts of laws inconsistent with the 1949 Act. While section 1106(a)
of the 1949 Act provided that references in other laws to the 1923
Act should be held and considered to mean the 1949 Act, it did not
have the effect of continuing the exceptions contained in this
subsection because of section 1106(b) which provided that the
application of the 1949 Act to any position, officer, or employee
shall not be affected by section 1106(a). (But see Abell v. United
States, 1975, 518 F.2d 1369, cert. denied 429 U.S. 817, and
Columbia Power Trades Council v. United States Department of
Energy, 1980, 496 F.Supp. 186.) The Classification Act of 1949 was
repealed by Act Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat.
632 (the first section of which revised and enacted Title 5,
Government Organization and Employees, into law). Section 5102 of
Title 5 contains the applicability provisions of the 1949 Act, and
section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
employees.-MISC3-
AMENDMENTS
1949 - Subsecs. (a) and (b). Act Oct. 28, 1949, substituted
''Classification Act of 1949'' for ''Classification Act of 1923''.
1945 - Act Oct. 23, 1945, added subsecs. (a) and (c), designated
existing provisions as subsec. (b), and amended such provisions
generally.
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
6, 1966, Sec. 8, 80 Stat. 632, 655.-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013
continued military Department of the Army under administrative
supervision of Secretary of the Army.-TRANS-
TRANSFER OF FUNCTIONS
''Secretary of Energy'' substituted for ''Secretary of the
Interior'' in subsec. (a) pursuant to Pub. L. 95-91, Sec.
302(a)(1)(D), (2), which is classified to section 7152(a)(1)(D),
(2) of Title 42, The Public Health and Welfare, which transferred
functions of Secretary of the Interior with respect to Bonneville
Power Administration to Secretary of Energy, with Bonneville Power
Administration to be preserved as a distinct organizational entity
within Department of Energy and headed by an Administrator.
''Secretary of Energy'' substituted for ''Federal Power
Commission'' in subsec. (b) pursuant to Pub. L. 95-91, Sec. 301(b),
which is classified to section 7151(b) of Title 42.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except
for certain functions transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
of Title 42.
Executive and administrative functions of Federal Power
Commission, with certain reservations, transferred to Chairman of
such Commission, with authority vested in him to authorize their
performance by any officer, employee, or administrative unit under
his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.
May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under
section 792 of this title.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 838i of this title.