§ 832i. — Employment of personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC832i]
TITLE 16--CONSERVATION
CHAPTER 12B--BONNEVILLE PROJECT
Sec. 832i. Employment of personnel
(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.
(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;
Pub. L. 95-91, title III, Secs. 301(b), 302(a)(1)(D), (2), Aug. 4, 1977,
91 Stat. 578.)
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.
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.
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 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.
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, 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.
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,
Secs. 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.
Section Referred to in Other Sections
This section is referred to in section 838i of this title.
