(June 17, 1930, ch. 497, title III, § 331,46 Stat. 697; Pub. L. 95–106, § 3(a), (b),Aug. 17, 1977, 91 Stat. 868; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 97–456, § 1(b),Jan. 12, 1983, 96 Stat. 2503.)
In subsec. (a), provisions which specified a salary of $7,500 per year for the secretary to the commission have been omitted as obsolete and superseded. 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, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554
, Sept. 6, 1966, § 8(a),80 Stat. 632
, and reenacted as chapter
, Government Organization and Employees. Section
contains the applicability provisions of the 1949 Act, and section
authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.
In subsec. (b), the words “Except for employees excepted under the civil service rules” substituted for “With the exception of the secretary, a clerk to each commissioner, and such special experts as the commission may from time to time find necessary for the conduct of its work”. Appointments are now subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the act of Nov. 26, 1940, ch. 919, title I, § 1,54 Stat. 1211
, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section
Provisions similar to subsecs. (a) to (e) of this section were contained in act Sept. 8, 1916, ch. 463, § 701,39 Stat. 975
. That section was superseded by section 331 of act June 17, 1930, comprising this section.
Provisions similar to those in subsecs. (f) and (g) of this section were contained in act Sept. 21, 1922, ch. 356, title III, § 318,42 Stat. 947
. That section was superseded by section 331 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.
1983—Subsec. (a)(1). Pub. L. 97–456
designated existing provisions relating to the chairman’s exercise of and responsibility for all administrative functions as subpar. (A), redesignated former subpars. (A) through (C) as cls. (i) through (iii), added subpar. (B), designated provisions relating to disapproval by a majority of the commissioners of any decision by the chairman as subpar. (C), and in (C) as so designated, substituted “subparagraph (A) or (B)” for “this paragraph” after “chairman under”.
1977—Subsec. (a). Pub. L. 95–106
, § 3(a), designated existing provisions as par. (1), substituted provisions authorizing the chairman to perform certain required functions subject to approval by the Commission for provisions authorizing the Commission to perform certain required functions and inserted provisions requiring the chairman to exercise and be responsible for all other administrative functions of the Commission, and added pars. (2) and (3).
Subsec. (c). Pub. L. 95–106
, § 3(b)(1), substituted “approved by the chairman (except that in the case of a commissioner, or the personal staff of any commissioner, such vouchers may be approved by that commissioner)” for “approved by the Commission”.
Subsec. (d). Pub. L. 95–106
, § 3(b)(2), redesignatedsubsecs. (e) to (g) as (d) to (f), respectively. Former subsec. (d), relating to offices and supplies, was struck out.
Effective Date of 1977 Amendment
Pub. L. 95–106
, § 3(c),Aug. 17, 1977, 91 Stat. 869
, provided that: “The amendments made by this section [amending this section] take effect on the date of enactment of this Act [Aug. 17, 1977].”
Transfer of Functions
“Director of the Office of Personnel Management” substituted for “Civil Service Commission” in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, § 102,43
, 92 Stat. 3783
, set out under section
, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44
, set out under section