§ 793. — Appointment of officers and employees of Commission; duties, and salaries; detail of officers and employees from other departments; expenditures authorized.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC793]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 793. Appointment of officers and employees of Commission;
duties, and salaries; detail of officers and employees from
other departments; expenditures authorized
The commission shall have authority to appoint, prescribe the
duties, and fix the salaries of, a secretary, a chief engineer, a
general counsel, a solicitor, and a chief accountant; and may, subject
to the civil service laws, appoint such other officers and employees as
are necessary in the execution of its functions and fix their salaries
in accordance with chapter 51 and subchapter III of chapter 53 of title
5. The commission may request the President to detail an officer or
officers from the Corps of Engineers, or other branches of the United
States Army, to serve the commission as engineer officer or officers, or
in any other capacity, in field work outside the seat of government,
their duties to be prescribed by the commission; and such detail is
authorized. The President may also, at the request of the commission,
detail, assign, or transfer to the commission, engineers in or under the
Departments of the Interior or Agriculture for field work outside the
seat of government under the direction of the commission.
The commission may make such expenditures (including expenditures
for rent and personal services at the seat of government and elsewhere,
for law books, periodicals, and books of reference, and for printing and
binding) as are necessary to execute its functions. Expenditures by the
commission shall be allowed and paid upon the presentation of itemized
vouchers therefor, approved by the chairman of the commission or by such
other member or officer as may be authorized by the commission for that
purpose subject to applicable regulations under the Federal Property and
Administrative Services Act of 1949, as amended.
(June 10, 1920, ch. 285, pt. I, Sec. 2, 41 Stat. 1063; June 23, 1930,
ch. 572, Sec. 1, 46 Stat. 798; renumbered pt. I, Aug. 26, 1935, ch. 687,
title II, Sec. 212, 49 Stat. 847; Oct. 28, 1949, ch. 782, title XI,
Sec. 1106(a), 63 Stat. 972; Oct. 31, 1951, ch. 654, Sec. 2(14), 65 Stat.
707.)
References in Text
The civil service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 of et seq. of Title 5.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Codification
All appointments referred to in the first sentence are subject to
the civil service laws unless specifically excepted by those laws or by
laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued
by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I,
Sec. 1, 54 Stat. 1211, which covered most excepted positions into the
classified (competitive) civil service. The Order is set out as a note
under section 3301 of Title 5, Government Organization and Employees.
As to the compensation of such personnel, sections 1202 and 1204 of
the Classification Act of 1949, 63 Stat. 972, 973, repealed the
Classification Act of 1923 and all other laws or parts of laws
inconsistent with the 1949 Act. The Classification Act of 1949 was
repealed Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632, and
reenacted as chapter 51 and subchapter III of chapter 53 of Title 5.
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.
``Chapter 51 and subchapter III of chapter 53 of title 5'' was
substituted in text 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.
Amendments
1951--Act Oct. 31, 1951, inserted reference to applicable
regulations of the Federal Property and Administrative Services Act of
1949, as amended, at end of section.
1949--Act Oct. 28, 1949, substituted ``Classification Act of 1949''
for ``Classification Act of 1923''.
1930--Act June 23, 1930, substituted provisions permitting the
commission to appoint, prescribe the duties, and fix the salaries of, a
secretary, a chief engineer, a general counsel, a solicitor, and a chief
accountant, and to appoint such other officers and employees as are
necessary in the execution of its functions and fix their salaries, and
authorizing the detail of officers from the Corps of Engineers, or other
branches of the United States Army, to serve the commission as engineer
officers, or in any other capacity, in field work outside the seat of
government, and the detail, assignment or transfer to the commission of
engineers in or under the Departments of the Interior or Agriculture for
work outside the seat of government for provisions which required the
commission to appoint an executive secretary at a salary of $5,000 per
year and prescribe his duties, and which permitted the detail of an
officer from the United States Engineer Corps to serve the commission as
engineer officer; and inserted provisions permitting the commission to
make certain expenditures necessary in the execution of its functions,
and allowing the payment of expenditures upon the presentation of
itemized vouchers approved by authorized persons.
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.
Transfer of Functions
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, The
Public Health and Welfare.
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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
