
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3326]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3326. Appointments of retired members of the armed forces 
        to positions in the Department 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 96-54, 
Sec. 2(a)(14), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101-509, title V, 
Sec. 529 [title I, Sec. 101(b)(3)(A)], Nov. 5, 1990, 104 Stat. 1427, 
1439.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 3101 (as applicable  Aug. 19, 1964, Pub.
                      to 5 U.S.C. 3103).            L. 88-448, Sec.  101
                                                    (as applicable to
                                                    Sec.  204), 78 Stat.
                                                    484.
(b), (c)...........  5 U.S.C. 3103.                Aug. 19, 1964, Pub.
                                                    L. 88-448, Sec.
                                                    204, 78 Stat. 487.
------------------------------------------------------------------------

    In subsection (a), the definition of ``armed forces'' is omitted as 
unnecessary in view of the definition in section 2101.
    In subsection (b), the words ``position in the civil service'' are 
substituted for ``civilian office'' in view of the definition of ``civil 
service'' in section 2101. The words ``(including a nonappropriated fund 
instrumentality under the jurisdiction of the armed forces)'' are added 
on authority of former section 3101(3).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1990--Subsec. (b)(2). Pub. L. 101-509 substituted ``5305'' for 
``5303''.
    1979--Subsec. (b)(1). Pub. L. 96-54 substituted ``Office of 
Personnel Management'' for ``Civil Service Commission''.


                          Suspension of Section

    Pub. L. 101-510, div. A, title XII, Sec. 1206(f), Nov. 5, 1990, 104 
Stat. 1661, provided that: ``Section 3326 of title 5, United States 
Code, shall not be in effect for the period beginning on the date of the 
enactment of this Act [Nov. 5, 1990] and ending two years after such 
date.''


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.
