What This Bill Does
This bill changes a rule about hiring retired military members at the Department of Defense. The bill limits the restriction on hiring retired Armed Forces members so it only applies to higher-level positions.
Who It Affects
Retired members of the Armed Forces who want to work at the Department of Defense.
Key Provisions
• The restriction on appointing retired Armed Forces members now applies only to positions classified at or above GS-14 level (a federal pay grade) or equivalent positions in the excepted or competitive service at the Department of Defense (Sec. 2(a)(2)(A)).
What Changes
If this becomes law, retired military members could be hired for lower-level Department of Defense positions without triggering the current restriction in section 3326 of title 5, United States Code. The restriction would only block their appointment to positions at GS-14 or higher levels.
Important Definitions
• GS-14: A federal pay grade level on the General Schedule, which is the standard pay system for federal employees.
• Excepted service: A category of federal jobs outside the normal competitive hiring process.
• Competitive service: Federal jobs filled through a competitive application and testing process.
II
118TH CONGRESS
1ST SESSION
S. 334
To modify the restriction in section 3326 of title 5, United States Code,
relating to the appointment of retired members of the Armed Forces
to positions in the Department of Defense to apply to positions at
or above the GS–14 level.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. LANKFORD (for himself, Ms. SINEMA, Mr. LEE, Mr. ROMNEY, Mr.
BRAUN, Mr. CORNYN, Mr. OSSOFF, and Mr. WARNOCK) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
A BILL
To modify the restriction in section 3326 of title 5, United
States Code, relating to the appointment of retired mem-
bers of the Armed Forces to positions in the Department
of Defense to apply to positions at or above the GS–
14 level.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Retain Skilled Vet-
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erans Act’’.
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•S 334 IS
SEC. 2. LIMITATION ON APPOINTMENT OF RETIRED MEM-
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BERS OF THE ARMED FORCES TO CERTAIN
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POSITIONS IN THE DEPARTMENT OF DE-
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FENSE.
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(a) IN GENERAL.—Section 3326 of title 5, United
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States Code, is amended—
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(1) in the section heading, by inserting ‘‘CER-
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TAIN’’ before ‘‘POSITIONS’’; and
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(2) in subsection (b)—
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(A) by striking ‘‘appointed’’ and all that
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follows through ‘‘Defense’’ and inserting ‘‘ap-
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pointed to a position in the excepted or com-
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petitive service classified at or above GS–14 of
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the General Schedule (or equivalent) in or
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under the Department of Defense’’; and
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(B) in paragraph (1), by striking ‘‘for the
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purpose’’ and all that follows through ‘‘Manage-
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ment’’.
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(b) CLERICAL AMENDMENT.—The table of sections
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at the beginning of subchapter I of chapter 33 of such
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title is amended in the item relating to section 3326 by
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inserting ‘‘certain’’ before ‘‘positions’’.
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Æ
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