US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 3326

Appointments of retired members of the armed forces to positions in the Department of Defense

(a)
section 101 of title 37 For the purpose of this section, “member” and “Secretary concerned” have the meanings given them by .
(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)
section 5305 of this title the minimum rate of basic pay for the position has been increased under .
(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. 89–55480 Stat. 423Pub. L. 96–54, § 2(a)(14)93 Stat. 382Pub. L. 101–509, title V, § 529 [title I, § 101(b)(3)(A)]104 Stat. 1427Pub. L. 114–328, div. A, title XI, § 1111130 Stat. 2450(, , ; , , ; , , , 1439; , , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes 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

Pub. L. 114–3282016—Subsec. (b)(3). struck out par. (3) which read as follows: “a state of national emergency exists.”

Pub. L. 101–5091990—Subsec. (b)(2). substituted “5305” for “5303”.

Pub. L. 96–541979—Subsec. (b)(1). 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)104 Stat. 1661

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 [] and ending two years after such date.”
, , , provided that:

Effective Date of 1990 Amendment

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

Effective Date of 1979 Amendment

Pub. L. 96–54section 2(b) of Pub. L. 96–54section 305 of this titleAmendment by effective , see , set out as a note under .