16 U.S.C. § 793 — Appointment of officers and employees of

Page 1365 TITLE 16—CONSERVATION § 793 impair the right of the remaining commis- sioners to exercise all the powers of the commis- sion. Three members of the commission shall constitute a quorum for the transaction of busi- ness, and the commission shall have an official seal of which judicial notice shall be taken. The commission shall annually elect a vice chair- man to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman. Each commissioner shall receive necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitation prescribed by law, while away from the seat of government upon official business. The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the conven- ience of the public or of the parties may be pro- moted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. (June 10, 1920, ch. 285, pt. I, § 1, 41 Stat. 1063; June 23, 1930, ch. 572, § 1, 46 Stat. 797; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; 1950 Reorg. Plan No. 9, § 3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265; Pub. L. 86–619, § 1, July 12, 1960, 74 Stat. 407.) Editorial Notes CODIFICATION Provisions which prescribed the compensation of commissioners were omitted as obsolete. Compensation of the Chairman and members of the Commission was prescribed by sections 5314 and 5315 of Title 5, Govern- ment Organization and Employees, prior to termi- nation of the Commission. See Termination of Federal Power Commission; Transfer of Functions note below. AMENDMENTS 1960—Pub. L. 86–619 provided for continuation in of- fice of a commissioner upon termination of his term until a successor is appointed and has qualified, not be- yond expiration of next session of Congress subsequent to the expiration of said fixed term of office. 1930—Act June 23, 1938, amended section generally. Prior to amendment section read as follows: ‘‘A com- mission is hereby created and established, to be known as the Federal Power Commission (hereinafter referred to as the commission), which shall be composed of the Secretary of War, the Secretary of the Interior, and the Secretary of Agriculture. Two members of the commis- sion shall constitute a quorum for the transaction of business, and the commission shall have an official seal, which shall be judicially noticed. The President shall designate the chairman of the commission.’’ Statutory Notes and Related Subsidiaries REPEALS Act Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, formerly cited as a credit to this section, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 655. TERMINATION OF FEDERAL POWER COMMISSION; TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive Documents TRANSFER OF FUNCTIONS Executive and administrative functions of Federal Power Commission, with certain reservations, trans- ferred to Chairman of such Commission, with authority vested in him to authorize their performance by any of- ficer, employee, or administrative unit under his juris- diction, by Reorg. Plan No. 9 of 1950, set out below. REORGANIZATION PLAN NO. 9 OF 1950 Eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.]. FEDERAL POWER COMMISSION SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN (a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Power Commission, hereinafter referred to as the Com- mission, to the Chairman of the Commission, herein- after referred to as the Chairman, the executive and ad- ministrative functions of the Commission, including functions of the Commission with respect to (1) the ap- pointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds. (b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be gov- erned by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan. (4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Chairman may from time to time make such pro- visions as he shall deem appropriate authorizing the performance by any officer, employee, or administra- tive unit under his jurisdiction of any functions trans- ferred to the Chairman by the provisions of this reorga- nization plan. SEC. 3. DESIGNATION OF CHAIRMAN The functions of the Commission with respect to choosing a chairman from among the commissioners composing the Commission are hereby transferred to the President. § 793. Appointment of officers and employees of Commission; duties, and salaries; detail of of- ficers and employees from other depart- ments; expenditures authorized The commission shall have authority to ap- point, prescribe the duties, and fix the salaries of, a secretary, a chief engineer, a general coun- sel, 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 sala- Page 1366 TITLE 16—CONSERVATION § 793a ries in accordance with chapter 51 and sub- chapter III of chapter 53 of title 5. The commis- sion may request the President to detail an offi- cer or officers from the Corps of Engineers, or other branches of the United States Army, to serve the commission as engineer officer or offi- cers, or in any other capacity, in field work out- side the seat of government, their duties to be prescribed by the commission; and such detail is authorized. The President may also, at the re- quest of the commission, detail, assign, or trans- fer 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 else- where, 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 com- mission or by such other member or officer as may be authorized by the commission for that purpose subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41. (June 10, 1920, ch. 285, pt. I, § 2, 41 Stat. 1063; June 23, 1930, ch. 572, § 1, 46 Stat. 798; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Oct. 31, 1951, ch. 654, § 2(14), 65 Stat. 707.) Editorial Notes CODIFICATION All appointments referred to in the first sentence are subject to the civil service laws unless specifically ex- cepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the Presi- dent pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted posi- tions 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, § 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 provi- sions of the 1949 Act, and section 5103 of Title 5 author- izes the Office of Personnel Management to determine the applicability to specific positions and employees. In text, ‘‘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, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1951—Act Oct. 31, 1951, inserted reference to applica- ble regulations of the Federal Property and Adminis- trative Services Act of 1949, as amended, at end of sec- tion. 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. 1930—Act June 23, 1930, substituted provisions permit- ting 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 offi- cers, 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 re- quired the commission to appoint an executive sec- retary 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 expendi- tures necessary in the execution of its functions, and allowing the payment of expenditures upon the presen- tation of itemized vouchers approved by authorized persons. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. § 793a. Repealed. Pub. L. 87–367, title I, § 103(5), Oct. 4, 1961, 75 Stat. 787 Section, Pub. L. 86–626, title I, § 101, July 12, 1960, 74 Stat. 430, authorized the Federal Power Commission to place four additional positions in grade 18, one in grade 17 and one in grade 16 of the General Schedule of the Classification Act of 1949. §§ 794, 795. Omitted Editorial Notes CODIFICATION Section 794, which required the work of the commis- sion to be performed by and through the Departments of War, Interior, and Agriculture and their personnel, consisted of the second paragraph of section 2 of act June 10, 1920, ch. 285, 41 Stat. 1063, which was omitted in the revision of said section 2 by act June 23, 1930, ch. 572, § 1, 46 Stat. 798. The first and third paragraphs of said section 2 were formerly classified to sections 793 and 795 of this title. Section 795, which related to expenses of the commis- sion generally, consisted of the third paragraph of sec- tion 2 of act June 10, 1920, ch. 285, 41 Stat. 1063. Such section 2 was amended generally by act June 23, 1930, ch. 572, § 1, 46 Stat. 798, and is classified to section 793 of this title. The first and second paragraphs of said section 2 were formerly classified to sections 793 and 794 of this title. § 796. Definitions The words defined in this section shall have the following meanings for purposes of this chapter, to wit: (1) ‘‘public lands’’ means such lands and in- terest in lands owned by the United States as