Management, an Executive agency, or the government of the Distri of Columbia.

(b) The Office may declare a preference eligible who has bee separated or furloughed without pay under section 7512 of th title to be entitled to the benefits of subsection (a) of this sectic (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420; amended Pub. L. 96Aug. 14, 1979, 93 Stat. 382.)

§ 3315a. Repealed. Pub. L. 93-416, § 22(c), Sept. 7, 1974, 88 Str 1150

§ 3316. Preference eligibles; reinstatement

On request of an appointing authority, a preference eligible. has resigned or who has been dismissed or furloughed may be cert for, and appointed to, a position for which he is eligible in the or petitive service, an Executive agency, or the government of District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. £. § 3317. Competitive service; certification from registers

(a) The Office of Personnel Management shall certify enough nar from the top of the appropriate register to permit a nominating or r pointing authority who has requested a certificate of eligibles to or sider at least three names for appointment to each vacancy in competitive service.

(b) When an appointing authority, for reasons considered suffic by the Office, has three times considered and passed over a prefere eligible who was certified from a register, certification of the pre ence eligible for appointment may be discontinued. However, the pr erence eligible is entitled to advance notice of discontinuance certification. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421; amen Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224; amended Pub. L. 96Aug. 14, 1979, 93 Stat. 382.)

§ 3318. Competitive service; selection from certificates

(a) The nominating or appointing authority shall select for pointment to each vacancy from the highest three eligibles avai for appointment on the certificate furnished under section 3317(a) this title, unless objection to one or more of the individuals certif is made to, and sustained by, the Office of Personnel Management proper and adequate reason under regulations prescribed by the Of (b) (1) If an appointing authority proposes to pass over a pref ence eligible on a certificate in order to select an individual who is: a preference eligible, such authority shall file written reasons witht¦ Office for passing over the preference eligible. The Office shall ma: the reasons presented by the appointing authority part of the record the preference eligible and may require the submission of more tailed information from the appointing authority in support of passing over of the preference eligible. The Office shall determine sufficiency or insufficiency of the reasons submitted by the appoint authority, taking into account any response received from the pref ance eligible under paragraph (2) of this subsection. When the Off has completed its review of the proposed passover, it shall send 2 findings to the appointing authority and to the preference eligib The appointing authority shall comply with the findings of the Öff

(2) In the case of a preference eligible described in section 2108 (3) ) of this title who has a compensable service-connected disability of percent or more, the appointing authority shall at the same time it tifies the Office under paragraph (1) of this subsection, notify the eference eligible of the proposed passover, of the reasons therefor, d of his right to respond to such reasons to the Office within 15 days the date of such notification. The Office shall, before completing its view under paragraph (1) of this subsection, require a demonstraon by the appointing authority that the passover notification was nely sent to the preference eligible's last known address.

(3) A preference eligible not described in paragraph (2) of this bsection, or his representative, shall be entitled, on request, to a copy

(A) the reasons submitted by the appointing authority in support of the proposed passover, and

(B) the findings of the Office.

(4) In the case of a preference eligible described in paragraph (2) this subsection, the functions of the Office under this subsection may ot be delegated.

(c) When three or more names of preference eligibles are on a renployment list appropriate for the position to be filled, a nominating appointing authority may appoint from a register of eligibles esblished after examination only an individual who qualifies as a reference eligible under section 2108 (3) (C)-(G) of this title. Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420, amended Pub. L. 90-83, 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 95-454, § 307 (d), Oct. 13, 978, 92 Stat. 1148 and 1224.)

3319. Repealed. Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1149 3320. Excepted service; government of the District of Columbia;

selection

The nominating or appointing authority shall select for appointnent to each vacancy in the excepted service in the executive branch nd in the government of the District of Columbia from the qualified pplicants in the same manner and under the same conditions required or the competitive service by sections 3308-3318 of this title. This secion does not apply to an appointment required by Congress to be conrmed by, or made with the advice and consent of, the Senate. Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422.)

3321. Competitive service; probationary period

(a) The President may take such action, including the issuance of ules, regulations, and directives, as shall provide as nearly as condions of good administration warrant for a period of probation(1) before an appointment in the competitive service becomes final; and

(2) before initial appointment as a supervisor or manager becomes final.

(b) An individual—

(1) who has been transferred, assigned, or promoted from a position to a supervisory or managerial position, and

(2) who does not satisfactorily complete the probationary period under subsection (a) (2) of this section,

shall be returned to a position of no lower grade and pay than the pos tion from which the individual was transferred, assigned, or promoted Nothing in this section prohibits an agency from taking an actic against an individual serving a probationary period under subsectic (a) (2) of this section for cause unrelated to supervisory or manageria performance.

(c) Subsections (a) and (b) of this section shall not apply wit respect to appointments in the Senior Executive Service. (Pub. L. 95454, Oct. 13, 1978, 92 Stat. 1146.)

§ 3322. Repealed. Pub. L. 95-256, § 5(b)(1), Apr. 6, 1978, 92 Stat 191

§ 3323. Automatic separations; reappointment; reemployment of annuitants

(a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. A individual separated on account of age under a statute or regulatio providing for retirement on account of age is not eligible for appoin ment in the civil service or in the government of the District of Colum bia. The President, when in his judgment the public interest st requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a stat ute providing for the continuance of the individual in the civil service or in the government of the District of Columbia.

(b) Notwithstanding other statutes, an annuitant as defined by se tion 8331 of this title receiving annuity from the Civil Service Retire ment and Disability Fund is not barred by reason of his retired stats from employment in an appointive position for which he is qualifiei An annuitant so reemployed serves at the will of the appointing authority.

(c) Notwithstanding subsection (a) of this section, a Foreign Serv ice officer retired under section 1001 or 1002 of title 22 or a member of the Foreign Service retired under section 812 of the Foreign Servic Act of 1980 is not barred by reason of his retired status from employment in a position in the civil service for which he is qualified. A annuitant so reemployed serves at the will of the appointing authority. (d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employs retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422; amended, Pub. L. 96-465, Oct. 17 1980, 94 Stat. 2167.)

§ 3324. Appointments at GS-16, 17 and 18

(a) An appointment to a position in GS-16, 17, or 18 may be made only on approval of the qualifications of the proposed appointee b the Office of Personnel Management. This section does not apply to s 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 heading "The White House Office", "Special Projects", "Council of Economic Advisers", or "National Security Council"; or

(B) funds appropriated to the President under the heading "Emergency Fund 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 Office may prescribe regulations necessary for the adminisration of this section. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422, mended Pub. L. 90-83, § 1(10), Sept. 11, 1967, 81 Stat. 197; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, Aug. 14, 979, 93 Stat. 382.)

3325. Appointments to scientific and professional positions

(a) Positions established under section 3104 of this title are in he competitive service. However, appointments to the positions are nade without competitive examination on approval of the qualificaions of the proposed appointee by the Office of Personnel Management or its designee for this purpose.

(b) This section does not apply to positions established under section 3104 (a) (7) of this title. (Pub. L. 89-551, Sept. 6, 1966, 80 Stat. 423; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 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 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 es tablished 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; amended Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 382.)

§ 3327. Civil service employment information

(a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examination conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service.

(b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office and the employment offices of the United States Employment Service of

(1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and

(2) the period during which applications will be accepted. As used in this subsection, "agency" means an agency as defined in section 5102(a)(1) of this title other than an agency all the positions in which are excepted by statute from the competitive service. (Added. Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1151.)