The civil service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5.
Sections
321,
322,
324, and
325a of title
40, referred to in subsec. (a), mean sections 321, 322, 324, and 325a of former title 40 which were repealed by
Pub. L. 87–581, title II, § 203, Aug. 13, 1962,
76 Stat. 360. See sections
3702,
3703, and
3708 of Title
40, Public Buildings, Property, and Works.
In the second sentence of subsec. (a), the words “and the compensation of the persons so appointed may be fixed without regard to the provisions of the Classification Act of 1923, as amended” were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949,
63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act.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 exceptions contained in this subsection because of section
1106
(b) which provided that the application of the 1949 Act of any position, officer, or employee shall not be affected by section
1106
(a). The Classification Act of 1949 was repealed by Act Sept. 6, 1966,
Pub. L. 89–554, § 8(a),
80 Stat. 632 (of which section
1 revised and enacted Title 5, U.S.C., into law). Section
5102 of Title
5 contains 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.
1942—Subsec. (a). Act Oct. 20, 1942, §§ 5,
7, substituted “other countries” for “countries in the Western Hemisphere” and inserted sentence relating to inapplicability of certain sections of title 40.
Subsecs. (e), (f). Act Oct. 20, 1942, § 6, added subsecs. (e) and (f).
Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953,
18 F.R.
3219,
67 Stat. 633, set out as a note under section
2201 of this title.