In subsection (a), the words “Executive department” are substituted for “department” as the definition of “department” applicable to this section is coextensive with the definition of “Executive department” in section
. The words “or military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578
), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this subsection, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591
), which is set out in the reviser’s note for section
. The words “in the discretion of” are omitted as unnecessary in view of the permissive grant of authority. The words “positions in the department” are substituted for “any of the clerkships therein authorized by law”. The words “upon the same requisites and conditions” are omitted as unnecessary. The words “legal pay of the position to which appointed” are substituted for “same compensations, as are prescribed for men”.
This subsection was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4,63 Stat. 579
U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title, but is not repealed.
Subsection (c) is added on authority of former sections
1072a, which are codified in section
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
This section deletes subsection (a) of5
to reflect the repeal of the source statute of that subsection by Public Law 89–261, 79 Stat. 987
1978—Pub. L. 95–454
, § 703(a)(1), renumbered section
of this title as this section.
Subsec. (c). Pub. L. 95–454
, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
1972—Subsec. (b). Pub. L. 92–392
inserted reference to subchapter
of this title.
Amendment by section 906(a)(2) ofPub. L. 95–454
effective 90 days after Oct. 13, 1978, see section 907 ofPub. L. 95–454
, set out as a note under section
of this title.
Amendment by Pub. L. 92–392
effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) ofPub. L. 92–392
, set out as an Effective Date note under section
of this title.