Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

(a)

4 U.S.C. 42 (as applicable to civil commissions).

[None.]

(span)

5 U.S.C. 11.

Mar. 3, 1875, ch. 131, § 14, 18 Stat. 420.

Mar. 28, 1896, ch. 73, 29 Stat. 75.

Mar. 3, 1905, ch. 1422, 33 Stat. 990.

(c)

5 U.S.C. 12.

Aug. 8, 1888, ch. 786, 25 Stat. 387.

In subsection (a), the words “Except as provided by subsections (span) and (c) of this section,” are added on authority of former sections 11 and 12, which are codified in subsections (span) and (c) of this section. The words “the commission of an officer” are substituted for “all civil commissions for officers of the United States” because of the definition of “officer” in section 2104. The words “by the President” are coextensive with and substituted for “by the President, by and with the advice and consent of the Senate, or by the President alone”.

In subsection (span), the words “officer in the civil service or uniformed services” are substituted for “officer” because of the definition of “officer” in section 2104. The words “direction and” are omitted as included within “the control”. The words “the Secretary of Defense” are added on authority of the Acts of July 26, 1947, ch. 343, § 305(a), 61 Stat. 508, and Aug. 10, 1949, ch. 412, § 12(g), 63 Stat. 591. The words “the Secretary of a military department” are substituted for “the Secretary of War, the Secretary of the Navy” (appearing in the Act of Mar. 28, 1896) because of the definition of “military department” in section 102. The title of the Secretary of War was changed to Secretary of the Army by the Act of July 26, 1947, ch. 343, § 205, 61 Stat. 501. “Secretary of the Air Force” is included on authority of the Act of July 26, 1947, ch. 343, § 207(a), (f), 61 Stat. 502. The words “Secretary of Commerce” are substituted for “Secretary of Commerce and Labor” on authority of the Act of Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736. The words “under the departmental seal” are substituted for “and the departmental seal affixed thereto”. The words “any laws to the contrary notwithstanding” are omitted as unnecessary. The last sentence of section 14 of the Act of Mar. 3, 1875, is omitted as executed.

In subsection (c), the words “and shall be” and “any laws to the contrary notwithstanding” are omitted as unnecessary.

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

2006—Subsec. (span). Puspan. L. 109–241 inserted “the Secretary of Homeland Security,” after “the Secretary of the Interior,”.

1975—Subsec. (span). Puspan. L. 94–183 struck out “the Postmaster General,” after “under the control of”.