16 U.S.C. § 832i — Employment of personnel

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’’. Page 1485 TITLE 16—CONSERVATION § 832k 1945—Act Oct. 23, 1945, added subsecs. (a) and (c), des- ignated existing provisions as subsec. (b), and amended such provisions generally. 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. 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. TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Secretary of the Interior’’ in subsec. (a) pursuant to Pub. L. 95–91, § 302(a)(1)(D), (2), which is classified to section 7152(a)(1)(D), (2) of Title 42, The Public Health and Wel- fare, which transferred functions of Secretary of the In- terior with respect to Bonneville Power Administration to Secretary of Energy, with Bonneville Power Admin- istration 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, § 301(b), which is classified to section 7151(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. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. § 832j. Deposit of receipts; authorization of ap- propriations All receipts from transmission and sale of electric energy generated at the Bonneville project shall be covered into the Treasury of the United States to the credit of miscellaneous re- ceipts, save and except that the Treasury shall set up and maintain from such receipts a con- tinuing fund of $500,000, to the credit of the ad- ministrator and subject to check by him, to de- fray emergency expenses and to insure contin- uous operation. There is authorized to be appro- priated from time to time, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this chapter, including installation of equip- ment and machinery for the generation of elec- tric energy and facilities for its transmission and sale. (Aug. 20, 1937, ch. 720, § 11, 50 Stat. 736.) 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. The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to Secretary of Energy (except for certain functions transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7193 of Title 42. § 832k. Authority of Administrator (a) Settlement, compromise, and payment of claims; limitations; conclusiveness of settle- ments; restoration of damage The Administrator is authorized to determine, settle, compromise, and pay claims and demands against the United States which are not in ex- cess of $1,000 and are presented to the Adminis- trator in writing within one year from the date of accrual thereof, for any losses, injuries, or damages to persons or property, or for the death of persons, resulting from acts or omissions of employees acting within the scope of their em- ployment pursuant to this chapter. The Admin- istrator is also authorized to determine, com- promise, and settle any claims and demands of the United States for any losses, injuries, or damages to property under the Administrator’s control, against other persons or public or pri- vate corporations. The Administrator’s deter- mination, compromise, settlement, or payment of any of the claims referred to in this sub- section shall be final and conclusive upon all of- ficers of the Government, notwithstanding the provisions of any other Act to the contrary. When claims presented to the Administrator under this subsection arise, in whole or in part, out of any damage done to private property, the Administrator may repair all or any part of such damage in lieu of making such payments. (b) Authorization to bring legal proceedings; rep- resentation; supervision by Attorney General The Administrator may, in the name of the United States, under the supervision of the At- torney General, bring such suits at law or in eq- uity as in his judgment may be necessary to carry out the purposes of this chapter; and he shall be represented in the prosecution and de- fense of all litigation, affecting the status or op- eration of Bonneville project by the United States attorneys for the districts, respectively, in which such litigation may arise, or by such attorney or attorneys as the Attorney General may designate as authorized by law, in conjunc- tion with the regularly employed attorneys of the Administrator.