24 Sep 2001

SUBJECT: Appointment of Retired Members of the Armed Forces to Positions in the Department of Defense

On September 14, 2001, President Bush signed Proclamation 7463 "Declaration of National Emergency by Reason of Certain Terrorist Attacks." Public notice was made in the Federal Register on September 18, 2001.

Based on the Presidential Proclamation that a national emergency exists, 5 U.S.C. Section 3326 (b)(3) authorizes the appointment of retired members of the armed forces to positions in the civil service in or under the Department of Defense during the 180 days immediately after retirement, without the need to obtain authorization and/or approval under 5 U.S.C. section 3326(b)(1). In short, agencies may appoint retired military members without processing a 180-day waiver for the duration of this national emergency.

My point of contact for this matter is Ms. Pat Craver who may be reached at (703) 696-1236, or by email at patricia.craver@cpms.osd.mil.

//original signed//
J. L. Schrader
Acting Deputy Assistant Secretary
Civilian Personnel Policy