80 STAT. ]
PUBLIC LAW 89.554-SEPT. 6, 1966
the Civil Service Commission. This section does not apply to a position— (1) provided for in section 5108(c)(2) of this title; (2) to which appointment is made by the President; (3) to which appointment is made by the Librarian of Congress; or (4) the incumbent of which is paid from— (A) appropriations for the Executive Office of the President under the headings "The White House Office", "Special Projects", "Council of Economic Advisers", "National Security Council", and "Office of Emergency Planning", or (B) funds appropriated to the President under the heading "Emergency F u n d for the President" by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose, (b) The Commission may prescribe regulations necessary for the administration of this section. § 3325. Appointments to scientific and professional positions (a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Civil Service Commission or its designee for this purpose. (b) This section does not apply to positions established under section 3104(a)(7) of this title. § 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 Civil Service Commission; (2) the minimum rate of basic pay for the position has been increased under section 5303 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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