Pub. L. 88-448, tit. II, sec. 204

Sec. 204. (a) A retired member of any of the armed forces may be appointed to serve in a civilian office in or under the Department of Defense during the period of one hundred and eighty days immediately following his retirement only if— (1) the proposed appointment is authorized by the Secretary concerned (or his designee for the purpose), and, if such civilian office is in the competitive civil service, after approval by the United States Civil Service Commission; or (2) the minimum rates of basic compensation for such civilian office have been increased under authority of section 504 of the Federal Salary Reform Act of 1962 (5 U.S.C. 1173); or (3) a state of national emergency exists. (b) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (a)(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; and (2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give all interested candidates an opportunity to apply; and (3) qualification requirements for the position nave not been written in a manner designed to give advantage to such retired member; and (4) the position has not been held open pending the retirement of such retired member.