Pub. L. 89–55480 Stat. 408Pub. L. 95–454, title IV, § 401(b)92 Stat. 1154(, , ; , , .)
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
(a) | 5 U.S.C. 638 (less applicability to appointment and promotion). | Jan. 16, 1883, ch. 27, § 7 (less applicability to appointment and promotion), 22 Stat. 406. |
Subsection (a) is restated in the form of a definition.
section 1 of the Act of Nov. 26, 1940, ch. 91954 Stat. 1211Subsection (a)(1) is based on former section 638, which placed positions in the executive branch of the Government generally in the competitive service by the requirement that employment be predicated on passing an examination or being exempted from examination, and , title I, (see table III), which authorized the President, subject to certain exceptions, to place in the classified civil service positions in the Executive departments, independent establishments, and other agencies of the Government. In that Act the word “executive” has been construed to modify “departments”, “independent establishments”; and “other agency”. This construction is supported by the language of the Act of , and is embodied in Civil Service Rule I. Acting under this statute, the President has placed all but a comparatively few of the positions covered by the Act of , in the competitive service. The remainder are covered by the exceptions contained in the Civil Service Rules and Regulations. The authority of the President conferred by the Act of , has been superseded in part by exceptions created by statutes enacted after that date. The effect of these exceptions and the power conferred on the President by former section 633(2)8 (last sentence) to make exceptions to the Civil Service Rules are preserved by the words “positions which are specifically excepted from the competitive service by or under statute”.
In subsection (a)(1)(B), the words “or to pass an examination” are omitted as covered by the exclusion from the “competitive service”.
Act of June 18, 1929, ch. 2846 Stat. 21Section 3 of the Act of June 18, 1929Act of June 27, 1944, ch. 28758 Stat. 387section 18 of the Act of June 27, 1944Subsection (a)(2) preserves the exception stated in former section 638 modified to recognize the several statutory exceptions to this exception that have been enacted. The language of former section 638 relative to examination is codified in sections 3304(b) and 3361. The reference to veterans’ preference is omitted because the statute referred to, R.S. § 1754, was superseded by sections 3 and 21 of the , . , was superseded by the , , as amended, which is carried into this title. Rights preserved by , are further preserved by technical section 8. The exception for laborers and workmen was superseded by the Act of .
section 3311 of title 39Subsection (b) is added because of the provisions in .
Subsection (c) is supplied for conformity inasmuch as the terms are coextensive by definition.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
Pub. L. 95–4541978—Subsec. (a)(1)(C). added cl. (C).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Pub. L. 95–454Pub. L. 95–454section 415 of Pub. L. 95–454section 3131 of this titleAmendment by effective 9 months after , and congressional review of provisions of sections 401 through 412 of , see , set out as an Effective Date note under .