Historical and Revision Notes | ||
|---|---|---|
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
(a) | 5 U.S.C. 633(2)7 (last 17 words), (3) (less last 10 words). | Jan. 16, 1883, ch. 27, §§ 2(2)7 (last 17 words), (3) (less last 10 words), 22 Stat. 404. |
(b) | 5 U.S.C. 851 (1st 76 words), 868 (less proviso). | June 27, 1944, ch. 287, §§ 2 (1st 76 words), 19, 58 Stat. 387, 391. |
(c) | 5 U.S.C. 851 (1st 76 words), 860. | June 27, 1944, ch. 287, §§ 2 (1st 76 words), 11, 58 Stat. 387, 390. |
(d) | 5 U.S.C. 118k(d) (1st sentence). | July 19, 1940, ch. 640 § 4 “Sec. 12(d) (1st sentence)”, 54 Stat. 769. |
Subsection (a) is based on former section 633(3) (less last 10 words). The regulation-making power conferred by that section covers the power conferred by former section 633(2)7 (last 17 words) which is, therefore, omitted. The requirement of notice is preserved in section 3304. The words “through its members or the examiners” are omitted as unnecessary in view of section 1104. The authority of the President to prescribe rules, based on former section 633(1) is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title.
In subsections (b)–(d), the word “rules” is omitted as included in “regulations”.
The provisions of the Veterans’ Preference Act of 1944 (former sections 851–869) to which the regulation-making authority of subsections (b) and (c) apply are carried into sections 2108, 3305(b), 3306(a)(2), 3308–3320, 3351, 3363, 3364, and 7701, subchapter I of chapter 35, and subchapter II of chapter 75 of this title. The first 76 words of former section 851 are added here to preserve the general statement of policy in the light of which the substantive provisions that formerly comprised the Veterans’ Preference Act of 1944 are to be interpreted. See Elder v. Brannan, 241 U.S. 277, 286. In subsection (b), the words “in the competitive service in Executive agencies, permanent or temporary, and in the government of the District of Columbia”, and in subsection (c) the words “in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia” are coextensive with and substituted for “in civilian positions in all establishments, agencies, bureaus, administrations, projects, and departments of the Government, permanent or temporary, and in either (a) the classified civil service; (b) the unclassified civil service; (c) any temporary or emergency establishment, agency, bureau, administration, project, and department created by Acts of Congress or Presidential Executive order”, in view of the exclusion of positions in the legislative and judicial branches by former section 869.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1978—Subsecs. (a) to (d). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.
Amendment by Pub. L. 95–454 effective 90 days after
Ex. Ord. No. 10561,
Ex. Ord. No. 11397,