Saturday, December 20, 2014

5 U.S.C. § 3326: appointments of retired members of the armed forces to positions in the dept.s of Defense

(a) For the purpose of this section, “member” and “Secretary concerned” have the meanings
given them by section 101 of title 37.

(b) A retired member of the armed forces may be appointed to a position in the civil service
in or under the Department of Defense (including a nonappropriated fund instrumentality
under the jurisdiction of the armed forces) during the period of 180 days immediately after his
retirement only if—

(1) the proposed appointment is authorized by the Secretary concerned or his designee
for the purpose, and, if the position is in the competitive service, after approval by the
Office of Personnel Management;

(2) the minimum rate of basic pay for the position has been increased under section 5305
of this title; or

(3) a state of national emergency exists.

(c) A request by appropriate authority for the authorization, or the authorization and approval,
as the case may be, required by subsection (b)(1) of this section shall be accompanied by a
statement which shows the actions taken to assure that—

(1) full consideration, in accordance with placement and promotion procedures of the
department concerned, was given to eligible career employees;

(2) when selection is by other than certification from an established civil service register,
the vacancy has been publicized to give interested candidates an opportunity to apply;

(3) qualification requirements for the position have not been written in a manner designed
to give advantage to the retired member; and

(4) the position has not been held open pending the retirement of the retired member.

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