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I
116TH CONGRESS
1ST SESSION H. R. 3703
To amend title 5, United States Code, to modify the authority to appoint
retired members of the armed forces to positions within the Department
of Defense, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2019
Mr. BISHOP of Utah (for himself, Mr. COLE, and Mr. STEWART) introduced
the following bill; which was referred to the Committee on Oversight and
Reform
A BILL
To amend title 5, United States Code, to modify the author-
ity to appoint retired members of the armed forces to
positions within the Department of Defense, and for
other purposes.
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 ‘‘Retired Military Mem-
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ber Appointments to the Department of Defense Act’’.
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•HR 3703 IH
SEC. 2. MODIFICATION OF PERIOD AFTER RETIREMENT
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FOR AUTHORITY OF DEPARTMENT OF DE-
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FENSE TO APPOINT RETIRED MEMBERS OF
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THE ARMED FORCES TO POSITIONS WITHIN
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THE DEPARTMENT AFTER RETIREMENT.
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Section 3326 of title 5, United States Code, is
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amended—
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(1) by striking subsection (b) and inserting the
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following:
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‘‘(b)(1) A retired member of the armed forces may
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be appointed to a position in the civil service in or under
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the Department of Defense (including a nonappropriated
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fund instrumentality under the jurisdiction of the armed
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forces) immediately after the retirement of the member
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only if the proposed appointment is authorized by the Sec-
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retary concerned or a designee of the Secretary concerned,
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after a determination that—
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‘‘(A) the position has not been held open pend-
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ing the retirement of the retired member;
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‘‘(B) qualification requirements for the position
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have not been written in a manner designed to give
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advantage to the retired member; and
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‘‘(C) the retired member was considered and se-
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lected in accordance with the applicable law (includ-
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ing regulations) governing the appointing authority
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used to appoint the retired member.
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•HR 3703 IH
‘‘(2) The Secretary concerned or a designee of the
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Secretary concerned shall determine the duration under
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which the provisions of this subsection apply.’’; and
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(2) by adding at the end the following:
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‘‘(d)(1) Not later than February 15 each year, the
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Secretary of Defense and the Director of the Office of Per-
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sonnel Management shall jointly submit to Congress a re-
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port on the appointments made during the preceding year
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using the authority in subsection (b)(1).
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‘‘(2) Each report under this subsection shall set
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forth, for the year covered by such report, the following:
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‘‘(A) The number of appointments made using
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the authority in subsection (b)(1).
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‘‘(B) The grades at retirement from the armed
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forces of the individuals subject to such appoint-
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ments.
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‘‘(C) The job titles, pay grades, and locations of
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employment at appointment of the individuals sub-
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ject to such appointments.’’.
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Æ
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