16 U.S.C. § 832h — Miscellaneous administrative provisions

Page 1483 TITLE 16—CONSERVATION § 832h the purposes set forth in section 832 of this title. Rate schedules shall be drawn having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of Bonneville project) of the cost of producing and transmitting such electric energy, including the amortization of the cap- ital investment over a reasonable period of years. Rate schedules shall be based upon an al- location of costs made by the Secretary of En- ergy. In computing the cost of electric energy developed from water power created as an inci- dent to and a byproduct of the construction of the Bonneville project, the Secretary of Energy may allocate to the costs of electric facilities such a share of the cost of facilities having joint value for the production of electric energy and other purposes as the power development may fairly bear as compared with such other pur- poses. (Aug. 20, 1937, ch. 720, § 7, 50 Stat. 735; Pub. L. 95–91, title III, § 301(b), Aug. 4, 1977, 91 Stat. 578.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted in text for ‘‘Fed- eral Power Commission’’ pursuant to Pub. L. 95–91, § 301(b), which is classified to section 7151(b) of Title 42, The Public Health and Welfare. 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. § 832g. Purchase of supplies and services Notwithstanding any other provision of law, all purchases and contracts made by the admin- istrator or the Secretary of the Army for sup- plies or for services except for personal services, shall be made after advertising, in such manner and at such times, sufficiently in advance of opening bids, as the administrator or Secretary of the Army, as the case may be, shall deter- mine to be adequate to insure notice and oppor- tunity for competition. Such advertisement shall not be required, however, when (1) an emergency requires immediate delivery of the supplies or performance of the services; or (2) re- pair parts, accessories, supplemental equipment, or services are required for supplies or services previously furnished or contracted for; or (3) the aggregate amount involved in any purchase of supplies or procurement of services does not ex- ceed $500; in which cases such purchases of sup- plies or procurement of services may be made in the open market in the manner common among businessmen. In comparing bids and in making awards, the administrator or the Secretary of the Army, as the case may be, may consider such factors as relative quality and adaptability of supplies or services, the bidder’s financial re- sponsibility, skill, experience, record of integ- rity in dealing, and ability to furnish repairs and maintenance services, the time of delivery or performance offered, and whether the bidder has complied with the specifications. (Aug. 20, 1937, ch. 720, § 8, 50 Stat. 735; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘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 Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. § 832h. Miscellaneous administrative provisions (a) Accounts; audit; procedures, etc., prescribed The administrator, subject to the require- ments of the Federal Power Act [16 U.S.C. 791a et seq.], shall keep complete and accurate ac- counts of operations, including all funds ex- pended and received in connection with trans- mission and sale of electric energy generated at the Bonneville project, and in the maintenance of such accounts, appropriate obligations shall be established for annual and sick leave of ab- sence as earned. The Administrator shall, after the close of each fiscal year, obtain an inde- pendent commercial-type audit of such ac- counts. The forms, systems, and procedures pre- scribed by the Comptroller General for the Ad- ministrator’s appropriation and fund accounting shall be in accordance with the requirements of the Federal Power Act with respect to accounts of electric operations of public utilities and the regulations of the Federal Energy Regulatory Commission pursuant thereto. (b) Current expenses The administrator may make such expendi- tures for offices, vehicles, furnishings, equip- ment, supplies, and books; for attendance at meetings; and for such other facilities and serv- ices as he may find necessary for the proper ad- ministration of this chapter. (Aug. 20, 1937, ch. 720, § 9, 50 Stat. 736; Oct. 23, 1945, ch. 433, § 4, 59 Stat. 547; Pub. L. 89–448, § 2(a), formerly § 2, June 14, 1966, 80 Stat. 200, as renum- bered Pub. L. 89–561, § 6(1), Sept. 7, 1966, 80 Stat. 714; Pub. L. 95–91, title IV, § 402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583.) Editorial Notes REFERENCES IN TEXT Federal Power Act, referred to in subsec. (a), was in the original the ‘‘Federal Water Power Act’’, and was redesignated the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, and is classified generally to chap- ter 12 (§ 791a et seq.) of this title. For complete classi- fication of this Act to the Code, see section 791a of this title and Tables. AMENDMENTS 1966—Subsec. (c). Pub. L. 89–448 repealed subsec. (c) which provided for annual financial statement to Con- gress. See section 835j of this title. Page 1484 TITLE 16—CONSERVATION § 832i 1945—Subsec. (a). Act Oct. 23, 1945, inserted provisions relating to obligations for annual and sick leave of ab- sence, annual commercial-type audits and forms, sys- tems and procedures for the Administrator’s appropria- tion and fund accounting. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. ‘‘Federal Energy Regulatory Commission’’ sub- stituted for ‘‘Federal Power Commission’’ in subsec. (a) pursuant to Pub. L. 95–91, § 402(a)(1)(B), which is classi- fied to section 7172(a)(1)(B) of Title 42. 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. 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, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under section 792 of this title. § 832i. Employment of personnel (a) Appointment of Assistant Administrator, chief engineer, and general counsel; com- pensation; duties The Secretary of Energy shall appoint, with- out regard to the civil-service laws, an Assistant Administrator, chief engineer, and general coun- sel and shall fix the compensation of each in ac- cordance with chapter 51 and subchapter III of chapter 53 of title 5. The Assistant Adminis- trator 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, respec- tively, 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 com- pensation in accordance with chapter 51 and subchapter III of chapter 53 of title 5. The Ad- ministrator may employ laborers, mechanics, and workmen in connection with construction work or the operation and maintenance of elec- trical facilities (hereinafter called ‘‘laborers, mechanics, and workmen’’), subject to the civil- service laws. The Administrator is further au- thorized to employ physicians, under agreement and without regard to civil-service laws or regu- lations, to make physical examinations of em- ployees 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 en- trusted to them under this chapter. (c) Voluntary and uncompensated services; utili- zation 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 gov- ernments which he finds helpful in carrying out the purposes of this chapter; in connection with the utilization of such services, reasonable pay- ments may be allowed for necessary travel and other expenses. (Aug. 20, 1937, ch. 720, § 10, 50 Stat. 736; Oct. 23, 1945, ch. 433, § 5, 59 Stat. 547; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 95–91, title III, §§ 301(b), 302(a)(1)(D), (2), Aug. 4, 1977, 91 Stat. 578.) Editorial Notes CODIFICATION In subsecs. (a) and (b), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classifica- tion 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 enacted Title 5, Government Organization and Employees. Provisions of the second and fourth sentences of sub- sec. (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 compensa- tion 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, re- pealed the 1923 Act and all laws or parts of laws incon- sistent 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 excep- tions 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 Depart- ment of Energy, 1980, 496 F.Supp. 186.] The Classification Act of 1949 was repealed by Act Sept. 6, 1966, Pub. L. 89–554, § 8(a), 80 Stat. 632 (the first section of which re- vised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 con- tains 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), (b). Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’.