Source
(Feb. 16, 1938, ch. 30, title V, § 507, 52 Stat. 73; Aug. 1, 1947, ch. 440, § 6, 61 Stat. 719; Aug. 25, 1949, ch. 512, § 10, 63 Stat. 665; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 92–310, title II, § 221(b), June 6, 1972, 86 Stat. 205; Pub. L. 96–365, title I, § 104, Sept. 26, 1980, 94 Stat. 1313; Pub. L. 101–624, title XXII, § 2206, Nov. 28, 1990, 104 Stat. 3958; Pub. L. 102–237, title VI, § 601(3), Dec. 13, 1991, 105 Stat. 1878; Pub. L. 103–354, title I, §§ 102(b)(4)(B), (C),
105,
115
(b),
119
(f)(2), Oct. 13, 1994, 108 Stat. 3181, 3182, 3204, 3208; Pub. L. 106–224, title I, § 143, June 20, 2000, 114 Stat. 391; Pub. L. 110–234, title XII, § 12033(c)(2)(B), May 22, 2008, 122 Stat. 1405; Pub. L. 110–246, § 4(a), title XII, § 12033(c)(2)(B), June 18, 2008, 122 Stat. 1664, 2167.)
References in Text
The civil-service laws, referred to in subsec. (a), are set out in Title 5, Government Organization and Employees. See, particularly section
3301 et seq. of Title 5.
In subsec. (a), “chapter
51 and subchapter
III of chapter
53 of title
5” substituted for “the Classification Act of 1949” on authority of
Pub. L. 89–554, § 7(b), Sept. 6, 1966,
80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Provisions that authorized personnel paid by the hour, day, or month when actually employed, and county crop insurance committeemen to have their compensation fixed without regard to “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63 Stat. 972, 973 repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act.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 to 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 The Classification Act of 1949 was repealed by Act Sept. 6, 1966,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, now 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.
In subsec. (b), reference to “subchapter
I of chapter
81 of title
5” substituted for “the Act entitled ‘An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes’, approved September 7, 1916, as amended” on authority of
Pub. L. 89–554, § 7(b), Sept. 6, 1966,
80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Codification
Pub. L. 110–234 and
Pub. L. 110–246 made identical amendments to this section. The amendments by
Pub. L. 110–234 were repealed by section 4(a) of
Pub. L. 110–246.
Amendments
2008—Subsecs. (b) to (f).
Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.
2000—Subsec. (c).
Pub. L. 106–224, in cl. (2), substituted “actuarial services, services relating to loss adjustment and rating plans of insurance,” for “actuarial, loss adjustment,” and inserted “and to enable the Corporation to concentrate on regulating the provision of insurance under this chapter and evaluating new products and materials submitted under section
1508
(h) or
1523 of this title” after “private sector”.
1994—Subsec. (a).
Pub. L. 103–354, §§ 105(1),
115
(b)(1), substituted “as the Secretary may determine appropriate. However,” for “as he may determine: Provided, That” and struck out “, and county crop insurance committeemen” before “may be appointed”.
Subsec. (c).
Pub. L. 103–354, § 119(f)(2), substituted “1508(h)” for “1508(b)” in last sentence.
Subsec. (d).
Pub. L. 103–354, § 105(2), made technical amendment to reference to section
1516 of this title and struck out before period at end “, except that employees or agencies responsible for administering this chapter in each county shall be selected and designated by the Corporation and shall be responsible directly to the Corporation without the intervention of any intermediate office or agency”.
Pub. L. 103–354, § 102(b)(4)(B), (C),
115
(b)(2), substituted “Secretary” for “Secretary of Agriculture”, “Department” for “Department of Agriculture”, and “that the Secretary requests” for “as he may request”.
Subsec. (g).
Pub. L. 103–354, § 105(3), added subsec. (g).
1991—Subsec. (c).
Pub. L. 102–237 inserted a comma after “private insurance companies” in cl. (2).
1990—Subsec. (c).
Pub. L. 101–624 inserted “private rating bureaus, and other organizations as appropriate for actuarial, loss adjustment, and other services to avoid duplication by the Federal Government of services that are or may readily be available in the private sector,” after “private insurance companies” and inserted at end “Nothing in this subsection shall permit the Corporation to contract with other persons to carry out the responsibility of the Corporation to review and approve policies, rates, and other materials submitted under section
1508
(b) of this title.”
1980—Subsec. (c).
Pub. L. 96–365, § 104(1), inserted “shall, to the maximum extent possible”, incorporated existing provisions in cl. (1), including in cl. (1) provision for payment of program expenses, but omitting provision for inclusion of estimated expenses in insurance premiums, and added cls. (2) and (3) and provisions for exclusion of compensation from premium rates and indemnification of agents and brokers for errors or omissions of Commission or its contractors.
Subsec. (f).
Pub. L. 96–365, § 104(2), added subsec. (f).
1972—Subsec. (a).
Pub. L. 92–310 struck out provisions which empowered Secretary to require bonds of officers and employees.
1949—Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
Act Aug. 25, 1949, inserted requirement that officers and employees be appointed subject to civil service laws and regulations, and exempted personnel paid by hour, day, or month when employed, and county crop-insurance committeemen from civil-service laws and regulations or the Classification Act of 1923.
1947—Act Aug. 1, 1947, provided for selection and designation of county employees and agencies and their direct responsibility.
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Pub. L. 110–234 by
Pub. L. 110–246 effective May 22, 2008, the date of enactment of
Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under section
8701 of this title.
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–354 effective Oct. 13, 1994, and applicable to provision of crop insurance under Federal Crop Insurance Act (
7 U.S.C.
1501 et seq.) beginning with 1995 crop year, with such Act, as in effect on the day before Oct. 13, 1994, to continue to apply with respect to 1994 crop year, see section 120 of
Pub. L. 103–354, set out as a note under section
1502 of this title.
Effective Date of 1980 Amendment
Amendment by
Pub. L. 96–365 effective Sept. 26, 1980, see section 112 of
Pub. L. 96–365, set out as a note under section
1504 of this title.
Repeals
Act Oct. 29, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
Pub. L. 89–554, Sept. 6, 1966, § 8,
80 Stat. 632, 655.
Transfer of Functions
Administration of program of Federal Crop Insurance Corporation transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946,
11 F.R.
7877,
60 Stat. 1100. See note set out under section
1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note set out under section
1503 of this title.