Historical and Revision Notes
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5 U.S.C. 1.
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R.S. § 158.
Feb. 9, 1889, ch. 122, § 1 (38th through 54th words), 25 Stat. 659.
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Feb. 14, 1903, ch. 552, § 1 (83d through 99th words), 32 Stat. 825.
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Mar. 4, 1913, ch. 141, § 1 (75th through 91st words), 37 Stat. 736.
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Aug. 10, 1949, ch. 412, § 4 “Sec. 201(c)”, 63 Stat. 579.
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July 31, 1956, ch. 802, § 1(a), 70 Stat. 732.
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5 U.S.C. 2.
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R.S. § 159.
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The reference in former section 1 to the application of the provisions of this title, referring to title IV of the Revised Statutes, is omitted as unnecessary as the application of those provisions is stated in the text.
The statement in former section 2 that the use of the word “department” means one of the Executive departments named in former section 1 is omitted as unnecessary as the words “Executive department” are used in this title when Executive department is meant.
“The Department of Commerce” is substituted for “The Department of Commerce and Labor” on authority of the act of March 4, 1913, ch. 141, § 1, 37 Stat. 736.
Editorial Notes
Amendments
2006—Pub. L. 109–241 inserted “The Department of Homeland Security.”
1988—Pub. L. 100–527 inserted “The Department of Veterans Affairs.”
1979—Pub. L. 96–88 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare” and inserted “The Department of Education.”
1977—Pub. L. 95–91 inserted “The Department of Energy.”
1970—Pub. L. 91–375 struck out “The Post Office Department.”
1966—Pub. L. 89–670 inserted “The Department of Housing and Urban Development.” and “The Department of Transportation.”
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Short Title of 2024 Amendment
Pub. L. 118–104, § 1, Oct. 2, 2024, 138 Stat. 1586, provided that:
“This Act [amending
section 552a of this title] may be cited as the ‘
Congressional Budget Office Data Access Act’.”
Pub. L. 118–97, § 1, Oct. 1, 2024, 138 Stat. 1573, provided that:
“This Act [amending
section 801 of this title and enacting provisions set out as a note under
section 801 of this title] may be cited as the ‘GAO Database Modernization Act of 2023’.”
Pub. L. 118–71, § 1, July 25, 2024, 138 Stat. 1492, provided that:
“This Act [amending
section 413 of this title and enacting provisions set out as notes under
section 413 of this title and
section 4041 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Federal Prison Oversight Act’.”
Pub. L. 118–38, § 1, Feb. 6, 2024, 138 Stat. 13, provided that:
“This Act [enacting and amending provisions set out as notes under
section 5547 of this title] may be cited as the ‘Overtime Pay for Protective Services Act of 2023’.”
Short Title of 2022 Amendment
Pub. L. 117–328, div. Y, § 101, Dec. 29, 2022, 136 Stat. 5523, provided that:
“This division [amending
section 8421a of this title] may be cited as the ‘Continuity for Operators with Necessary Training Required for ATC Contract Towers Act of 2022’ or the ‘CONTRACT Act of 2022’.”
Pub. L. 117–263, div. E, title LIII, § 5321, Dec. 23, 2022, 136 Stat. 3255, provided that:
“This subtitle [subtitle B (§§ 5321, 5322) of title LIII of div. E of
Pub. L. 117–263, enacting
section 3330f of this title and provisions set out as a note under
section 3330f of this title] may be cited as the ‘Periodically Listing Updates to Management Act of 2022’ or the ‘PLUM Act of 2022’.”
Pub. L. 117–225, § 1, Dec. 9, 2022, 136 Stat. 2293, provided that:
“This Act [amending sections
8336,
8412,
8414,
8415,
8421,
8421a,
8425, and
8462 of this title, sections 4045, 4046, and 4052 of Title 22, Foreign Relations and Intercourse, and
section 2152 of Title 50, War and National Defense, and enacting provisions set out as notes under
section 8336 of this title] may be cited as the ‘First Responder Fair Return for Employees on Their Initial Retirement Earned Act’ or the ‘First Responder Fair RETIRE Act’.”
Pub. L. 117–108, title I, § 102(a), Apr. 6, 2022, 136 Stat. 1138, provided that:
“This section [enacting
section 2903 of Title 39, Postal Service, amending
section 8909a of this title, and enacting provisions set out as a note under
section 8909a of this title] may be cited as the ‘USPS Fairness Act’.”
Short Title of 2021 Amendment
Pub. L. 117–81, div. F, title LXII, § 6201, Dec. 27, 2021, 135 Stat. 2389, provided that:
“This title [enacting
section 4087 of Title 22, Foreign Relations and Intercourse, amending
section 6502 of this title,
section 1015d of Title 20, Education, and sections 3951 and 4026 of Title 22, and enacting provisions set out as notes under
section 6502 of this title and
section 1015d of Title 20] may be cited as the ‘Foreign Service Families Act of 2021’.”
Pub. L. 117–17, § 1, June 17, 2021, 135 Stat. 287, provided that:
“This Act [amending
section 6103 of this title] may be cited as the ‘Juneteenth National Independence Day Act’.”
Pub. L. 116–283, div. A, title XI, § 1131, Jan. 1, 2021, 134 Stat. 3900, provided that:
“This subtitle [subtitle B (§§ 1131–1138) of title XI of div. A of
Pub. L. 116–283, amending
section 2302 of this title and enacting and amending provisions set out as notes under
section 2301 of this title] may be cited as the ‘Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020’.”
Short Title of 2020 Amendment
Pub. L. 116–269, § 1, Dec. 30, 2020, 134 Stat. 3323, provided that:
“This Act [amending provisions set out as a note under
section 5547 of this title] may be cited as the ‘Secret Service Overtime Pay Extension Act’.”
Pub. L. 116–126, § 1, Mar. 18, 2020, 134 Stat. 174, provided that:
“This Act [enacting sections
8345a and
8466a of this title, amending sections
8331,
8345,
8348,
8401, and
8466 of this title, and enacting provisions set out as notes under
section 8331 of this title] may be cited as the ‘Representative Payee Fraud Prevention Act of 2019’.”
Short Title of 2019 Amendment
Pub. L. 116–92, div. A, title XI, § 1121, Dec. 20, 2019, 133 Stat. 1605, provided that:
“This subtitle [subtitle B (§§ 1121–1124) of title XI of
Pub. L. 116–92, enacting chapter 92 of this title,
section 1316b of Title 2, The
Congress,
section 2339 of Title 10, Armed Forces, and
section 4714 of Title 41, Public Contracts, amending sections 1302 and 1317 of Title 2,
section 62 of Title 26,
Internal Revenue Code, and
section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 9201 and 9202 of this title,
section 2339 of Title 10,
section 10132 of Title 34, Crime Control and Law Enforcement, and
section 4714 of Title 41] may be cited as the ‘Fair Chance to Compete for Jobs Act of 2019’ or the ‘Fair Chance Act’.”
Pub. L. 116–92, div. F, title LXXVI, § 7601, Dec. 20, 2019, 133 Stat. 2304, provided that:
“This subtitle [subtitle A (§§ 7601–7606) of title LXXVI of
Pub. L. 116–92, amending
section 6382 of this title,
section 1312 of Title 2, The
Congress, and sections 2611 and 2612 of Title 29, Labor, enacting provisions set out as notes under
section 6382 of this title,
section 1312 of Title 2, and sections 2611 and 2612 of Title 29, and amending provisions set out as a note under
section 44935 of Title 49, Transportation] may be cited as the ‘Federal Employee Paid Leave Act’.”
Pub. L. 116–50, § 1, Aug. 22, 2019, 133 Stat. 1073, provided that:
“This Act [enacting provisions set out as a note under
section 552a of this title] may be cited as the ‘Creating Advanced Streamlined Electronic Services for Constituents Act of 2019’ or the ‘CASES Act’.”
Pub. L. 115–435, § 1(a), Jan. 14, 2019, 132 Stat. 5529, provided that:
“This Act [enacting subchapter II of
chapter 3 of this title, subchapter III of chapter 35 of Title 44, Public Printing and Documents, and
section 3520A of Title 44, amending
section 306 of this title,
section 402 of Title 13, Census,
section 176a of Title 15, Commerce and Trade, sections 3502, 3504, 3506, 3511, and 3520 of Title 44, and sections 6302 and 6314 of Title 49, Transportation, enacting provisions set out as notes under sections 306 and 311 of this title and sections 101, 3506, and 3561 of Title 44, amending provisions set out as a note under
section 20155 of Title 49, and repealing provisions set out as a note under
section 3501 of Title 44] may be cited as the ‘Foundations for Evidence-Based Policymaking Act of 2018’.”
Short Title of 2018 Amendment
Pub. L. 115–383, § 1, Dec. 21, 2018, 132 Stat. 5121, provided that:
“This Act [amending provisions set out as a note under
section 5547 of this title] may be cited as the ‘Secret Service Overtime Pay Extension Act’.”
Pub. L. 115–352, § 1, Dec. 21, 2018, 132 Stat. 5067, provided that:
“This Act [amending sections
8334 and
8422 of this title and enacting provisions set out as a note under
section 8334 of this title], may be cited as the ‘Correcting Miscalculations in Veterans’ Pensions Act’.”
Pub. L. 115–238, § 1, Sept. 7, 2018, 132 Stat. 2450, provided that:
“This Act [amending
section 6329 of this title and enacting provisions set out as a note under
section 6329 of this title] may be cited as the ‘Veterans Providing Healthcare Transition Improvement Act’.”
Pub. L. 115–195, § 1, July 7, 2018, 132 Stat. 1510, provided that:
“This Act [amending
section 7703 of this title and enacting provisions set out as a note under
section 7703 of this title] may be cited as the ‘All Circuit Review Act’.”
Pub. L. 115–160, § 1, Apr. 3, 2018, 132 Stat. 1246, provided that:
“This Act [enacting and amending provisions set out as notes under
section 5547 of this title] may be cited as the ‘Secret Service Recruitment and Retention Act of 2018’.”
Short Title of 2017 Amendment
Pub. L. 115–84, § 1, Nov. 17, 2017, 131 Stat. 1272, provided that:
“This Act [amending sections
8432b and
8433 of this title and enacting provisions set out as notes under sections
8432b and
8433 of this title] may be cited as the ‘TSP Modernization Act of 2017’.”
Pub. L. 115–73, § 1(a), Oct. 26, 2017, 131 Stat. 1235, provided that:
“This Act [enacting sections
2307 and
7515 of this title, amending sections
1214,
1221,
2302,
4505a, and
5755 of this title and sections 3657 and 3673 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under sections
1212 and
2301 of this title and
section 703 of Title 38, Veterans’ Benefits, and amending provisions set out as a note under
section 2302 of this title] may be cited as the ‘Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017’.”
Pub. L. 115–40, § 1, June 14, 2017, 131 Stat. 861, provided that:
“This Act [amending
section 2302 of this title] may be cited as the ‘Follow the Rules Act’.”
Pub. L. 115–34, § 1, May 16, 2017, 131 Stat. 846, provided that:
“This Act [amending
section 5707 of this title and enacting provisions set out as a note under
section 5707 of this title] may be cited as the ‘Modernizing Government Travel Act’.”
Pub. L. 115–1, § 1, Jan. 20, 2017, 131 Stat. 3, provided that:
“This Act [enacting sections
3171 and
3172 of this title and provisions set out as a note under
section 3171 of this title] may be cited as the ‘Tested Ability to Leverage Exceptional National Talent Act of 2017’ or the ‘TALENT Act of 2017’.”
Short Title of 2016 Amendment
Pub. L. 114–328, div. A, title XI, § 1138(a), Dec. 23, 2016, 130 Stat. 2460, provided that:
“This section [enacting sections
6329a to
6329c of this title, amending
section 6502 of this title, and enacting provisions set out as notes under
section 6329a of this title] may be cited as the ‘Administrative Leave Act of 2016’.”
Pub. L. 114–302, § 1, Dec. 16, 2016, 130 Stat. 1516, provided that:
“This Act [amending
section 2303 of this title] may be cited as the ‘
Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016’.”
Pub. L. 114–185, § 1, June 30, 2016, 130 Stat. 538, provided that:
“This Act [amending
section 552 of this title and
section 3102 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under
section 552 of this title] may be cited as the ‘FOIA Improvement Act of 2016’.”
Pub. L. 114–137, § 1, Mar. 18, 2016, 130 Stat. 310, provided that:
“This Act [amending sections
3318,
3319, and
9510 of this title and enacting provisions set out as a note under
section 3318 of this title] may be cited as the ‘Competitive Service Act of 2015’.”
Pub. L. 114–136, § 1, Mar. 18, 2016, 130 Stat. 301, provided that:
“This Act [amending sections
8331,
8701, and
8901 of this title and
section 2203 of Title 44, Public Printing and Documents, enacting provisions set out as a note under
section 3101 of this title, amending provisions set out as a note under
section 102 of Title 3, The President, and repealing provisions set out as a note under
section 102 of Title 3] may be cited as the ‘Edward “Ted” Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015’.”
Short Title of 2015 Amendment
Pub. L. 114–75, § 1, Nov. 5, 2015, 129 Stat. 640, provided that:
“This Act [enacting
section 6329 of this title and provisions set out as notes under
section 6329 of this title] may be cited as the ‘Wounded Warriors Federal Leave Act of 2015’.”
Pub. L. 114–62, § 1, Oct. 7, 2015, 129 Stat. 547, provided that:
“This Act [amending
section 2108 of this title and enacting provisions set out as a note under
section 2108 of this title] may be cited as the ‘Gold Star Fathers Act of 2015’.”
Pub. L. 114–47, § 1, Aug. 7, 2015, 129 Stat. 485, provided that:
“This Act [enacting
chapter 96 of this title] may be cited as the ‘Land Management Workforce Flexibility Act’.”
Short Title of 2014 Amendment
Pub. L. 113–277, § 1, Dec. 18, 2014, 128 Stat. 2995, provided that:
“This Act [enacting
section 5550 of this title and
section 147 of Title 6, Domestic Security, amending sections 3132, 5542, 5547, and 8331 of this title and
section 213 of Title 29, Labor, and enacting provisions set out as notes under sections 5542 and 5550 of this title and
section 146 of Title 6] may be cited as the ‘Border Patrol Agent Pay Reform Act of 2014’.”
Pub. L. 113–255, § 1, Dec. 18, 2014, 128 Stat. 2920, provided that:
“This Act [amending sections
8438,
8439,
8472, and
8477 of this title and enacting provisions set out as notes under
section 8438 of this title] may be cited as the ‘Smart Savings Act’.”
Pub. L. 113–170, § 1, Sept. 26, 2014, 128 Stat. 1894, provided that:
“This Act [amending
section 7703 of this title] may be cited as the ‘All Circuit Review Extension Act’.”
Pub. L. 113–80, § 1, Feb. 12, 2014, 128 Stat. 1006, provided that:
“This Act [amending
section 1304 of this title] may be cited as the ‘OPM IG Act’.”
Short Title of 2012 Amendment
Pub. L. 112–230, § 1, Dec. 28, 2012, 126 Stat. 1616, provided that:
“This Act [enacting
section 7326 of this title, amending sections 1501, 1502, 1506, 7322, and 7325 of this title, repealing former
section 7326 of this title, and enacting provisions set out as notes under sections 1501 and 7326 of this title] may be cited as the ‘Hatch Act Modernization Act of 2012’.”
Pub. L. 112–199, § 1, Nov. 27, 2012, 126 Stat. 1465, provided that:
“This Act [enacting
section 2304 of this title, amending sections 1204, 1212, 1214, 1215, 1221, 2302, and 7703 of this title, sections 3 and 8D of the
Inspector General Act of 1978,
Pub. L. 95–452, formerly set out in the Appendix to this title, and
section 133 of Title 6, Domestic Security, renumbering sections 2304 and 2305 of this title as sections 2305 and 2306, respectively, of this title and enacting provisions set out as notes under sections 1204, 2302, and 2304 of this title, section 3 of the
Inspector General Act of 1978, and
section 1116 of Title 31, Money and Finance] may be cited as the ‘Whistleblower Protection Enhancement Act of 2012’.”
Pub. L. 112–166, § 1, Aug. 10, 2012, 126 Stat. 1283, provided that:
“This Act [see Tables for classification] may be cited as the ‘Presidential Appointment Efficiency and Streamlining Act of 2011’.”
Short Title of 2010 Amendment
Pub. L. 111–292, § 1, Dec. 9, 2010, 124 Stat. 3165, provided that:
“This Act [enacting chapter 65 and
section 5711 of this title and provisions set out as a note under
section 6501 of this title and amending provisions set out as a note and provisions listed in a table under
section 6120 of this title] may be cited as the ‘
Telework Enhancement Act of 2010’.”
Pub. L. 111–282, § 1(a), Oct. 15, 2010, 124 Stat. 3033, provided that:
“This Act [enacting
chapter 102 of this title, amending sections
5102,
5541,
6304, and
6324 of this title, enacting provisions set out as notes under sections
5102 and
10201 of this title, and amending provisions set out as notes under
section 3056A of Title 18, Crimes and Criminal Procedure] may be cited as the ‘
United States Secret Service Uniformed Division Modernization Act of 2010’.”
Pub. L. 111–178, § 1, June 9, 2010, 124 Stat. 1262, provided that:
Short Title of 2009 Amendment
Pub. L. 111–83, title V, § 564(a), Oct. 28, 2009, 123 Stat. 2184, provided that:
“This section [amending
section 552 of this title] may be cited as the ‘
OPEN FOIA Act of 2009’.”
Pub. L. 111–31, div. B, § 100(a), June 22, 2009, 123 Stat. 1852, provided that:
“This division [enacting sections
8432d and
8480 of this title, amending sections
8432,
8433,
8437 to
8439, and
8477 of this title and
section 1450 of Title 10, Armed Forces, and enacting provisions set out as notes under this section and
section 8439 of this title] may be cited as the ‘
Federal Retirement Reform Act of 2009’.”
Pub. L. 111–31, div. B, title I, § 101, June 22, 2009, 123 Stat. 1853, provided that:
“This title [enacting sections
8432d and
8480 of this title, amending sections
8432,
8433,
8437 to
8439, and
8477 of this title, and enacting provisions set out as a note under
section 8439 of this title] may be cited as the ‘
Thrift Savings Plan Enhancement Act of 2009’.”
Short Title of 2008 Amendment
Pub. L. 110–372, § 1, Oct. 8, 2008, 122 Stat. 4043, provided that:
“This Act [amending sections
3104,
3324,
3325,
5108,
5304,
5307 and
5376 of this title and enacting provisions set out as notes under sections
5307 and
5376 of this title] may be cited as the ‘
Senior Professional Performance Act of 2008’.”
Pub. L. 110–290, § 1, July 30, 2008, 122 Stat. 2914, provided that:
Short Title of 2006 Amendment
Pub. L. 109–435, title VIII, § 801, Dec. 20, 2006, 120 Stat. 3249, provided that:
“This title [enacting
section 8909a of this title, amending sections 8334, 8348, and 8906 of this title, enacting provisions set out as notes under sections 8334, 8348, and 8909a of this title, and repealing provisions set out as a note preceding
section 2001 of Title 39, Postal Service] may be cited as the ‘Postal Civil Service Retirement and Health Benefits Funding Amendments of 2006’.”
Pub. L. 109–356, § 1(a), Oct. 16, 2006, 120 Stat. 2019, provided that:
“This Act [amending sections
5102,
8951,
8981, and
9001 of this title, sections 202, 214, 215b, 216, 216a, 221, 321, and 1813 of Title 12, Banks and Banking, and
section 57a of Title 15, Commerce and Trade] may be cited as the ‘
2005 District of Columbia Omnibus Authorization Act’.”
Short Title of 2004 Amendments
Pub. L. 108–496, § 1, Dec. 23, 2004, 118 Stat. 4001, provided that:
“This Act [enacting chapters
89A and
89B of this title, amending
section 1005 of Title 39, Postal Service, and enacting provisions set out as a note under
section 8951 of this title] may be cited as the ‘Federal Employee Dental and Vision Benefits Enhancement Act of 2004’.”
Pub. L. 108–469, § 1(a), Dec. 21, 2004, 118 Stat. 3891, provided that:
“This Act [amending sections
8351,
8432,
8433,
8439, and
8440a to
8440e of this title and enacting provisions set out as a note under
section 8350 of this title] may be cited as the ‘
Thrift Savings Plan Open Elections Act of 2004’.”
Pub. L. 108–411, § 1(a), Oct. 30, 2004, 118 Stat. 2305, provided that:
“This Act [enacting sections
4121,
5550b,
5753, and
5754 of this title, amending sections
4103,
4505a,
5302,
5304,
5305,
5314,
5334,
5361,
5363,
5365,
5377, and
6303 of this title, repealing former sections
5753 and
5754 of this title, enacting provisions set out as notes under sections
5304,
5363,
5550b,
5753, and
6303 of this title, and amending provisions set out as a note under
section 5305 of this title] may be cited as the ‘
Federal Workforce Flexibility Act of 2004’.”
Pub. L. 108–401, § 1, Oct. 30, 2004, 118 Stat. 2255, provided that:
“This Act [amending sections
591,
594, and
596 of this title] may be cited as the ‘
Federal Regulatory Improvement Act of 2004’.”
Pub. L. 108–201, § 1, Feb. 24, 2004, 118 Stat. 461, provided that:
“This Act [enacting
chapter 98 of this title, amending
section 2473 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under
section 2473 of Title 42] may be cited as the ‘
NASA Flexibility Act of 2004’.”
Short Title of 2003 Amendments
Pub. L. 108–196, § 1, Dec. 19, 2003, 117 Stat. 2896, provided that:
Pub. L. 108–123, § 1, Nov. 11, 2003, 117 Stat. 1345, provided that:
Pub. L. 108–44, § 1, July 3, 2003, 117 Stat. 842, provided that:
Pub. L. 108–18, § 1, Apr. 23, 2003, 117 Stat. 624, provided that:
“This Act [amending sections
8331,
8334, and
8348 of this title, enacting provisions set out as notes under sections
8334 and
8348 of this title and preceding
section 2001 of Title 39, Postal Service, and repealing provisions set out as a note under
section 8348 of this title] may be cited as the ‘
Postal Civil Service Retirement System Funding Reform Act of 2003’.”
Short Title of 2002 Amendment
Pub. L. 107–296, title XIII, § 1301, Nov. 25, 2002, 116 Stat. 2287, provided that:
“This title [enacting
chapter 14 of this title, subchapter II of
chapter 35 of this title, and
section 3319 of this title, amending sections 1103, 3111, 3304, 3393, 3592 to 3594, 4107, 5307, 7701, 7905, 8336, 8339, 8414, and 8421 of this title, sections 1115 and 1116 of Title 31, Money and Finance, and
section 1902 of Title 50, War and National Defense, repealing
section 3393a of this title, enacting provisions set out as notes under sections 1103, 1401, 3301, 3521, 3592, 3593, and 8336 of this title, and repealing provisions set out as notes under sections 8336 and 8414 of this title] may be cited as the ‘
Chief Human Capital Officers Act of 2002’.”
Prohibition Against Construction That Would Render Applicable to the Department of Transportation Provisions of Law Inconsistent With Pub. L. 89–670 Creating the Department of Transportation
Pub. L. 89–670, § 10(c), Oct. 15, 1966, 80 Stat. 948, which provided that the amendment made to this section by section 10(b) of Pub. L. 89–670 was not to be construed to make applicable to the Department any provision of law inconsistent with Pub. L. 89–670, was repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400.