§3326 — Title 5 Government Organization and Employees | U.S. Code

Summary

Retired members of the armed forces can be hired into Department of Defense civil service jobs during the 180 days after they retire, but only if certain rules are met. "Member" means a member of the armed forces. "Secretary concerned" means the head of the military department involved. Hiring is allowed only if the military department head (or their designee) approves the hire — and if the job is in the competitive service, the Office of Personnel Management must also approve — or if the job’s minimum pay rate was raised under section 5305. Any request for that approval must include a short statement showing steps taken to be fair: career employees were fully considered under the department’s rules, the vacancy was publicized if not filled from a register, the job’s qualifications were not written to favor the retiree, and the job was not kept open just waiting for the retiree.

Title 5, §3326

Government Organization and Employees — Source: USLM XML via OLRC

(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; or

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

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 3101 (as applicable to 5 U.S.C. 3103).Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to § 204), 78 Stat. 484. (b), (c)5 U.S.C. 3103.Aug. 19, 1964, Pub. L. 88–448, § 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.

Editorial Notes

Amendments

2016—Subsec. (b)(3). Pub. L. 114–328 struck out par. (3) which read as follows: “a state of national emergency exists.” 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”.

Statutory Notes and Related Subsidiaries

Suspension of Section Pub. L. 101–510, div. A, title XII, § 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 AmendmentAmendment 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, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.

Effective Date

of 1979 AmendmentAmendment 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.

§3326 Appointments of Retired Members of the Armed Forces to Positions in the Department of Defense

Summary

Title 5, §3326

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata