A bill to amend title 5, United States Code, to modify the period after retirement for authority of the Department of Defense to appoint retired members of the armed forces to positions within the Department after retirement.

II 116TH CONGRESS 1ST SESSION S. 2115 To amend title 5, United States Code, to modify the period after retirement for authority of the Department of Defense to appoint retired members of the armed forces to positions within the Department after retirement. IN THE SENATE OF THE UNITED STATES JULY 15, 2019 Mr. LANKFORD (for himself, Mr. LEE, Mr. ROMNEY, Mr. ISAKSON, and Mr. PERDUE) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 5, United States Code, to modify the period after retirement for authority of the Department of De- fense to appoint retired members of the armed forces to positions within the Department after retirement. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:25 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2115.IS S2115 kjohnson on DSK79L0C42 with BILLS 2 •S 2115 IS SECTION 1. MODIFICATION OF PERIOD AFTER RETIRE- 1 MENT FOR AUTHORITY OF DEPARTMENT OF 2 DEFENSE TO APPOINT RETIRED MEMBERS 3 OF THE ARMED FORCES TO POSITIONS WITH- 4 IN THE DEPARTMENT AFTER RETIREMENT. 5 Section 3326 of title 5, United States Code, is 6 amended— 7 (1) by striking subsection (b) and inserting the 8 following: 9 ‘‘(b)(1) A retired member of the armed forces may 10 be appointed to a position in the civil service in or under 11 the Department of Defense (including a nonappropriated 12 fund instrumentality under the jurisdiction of the armed 13 forces) immediately after the retirement of the member 14 only if the proposed appointment is authorized by the Sec- 15 retary concerned or a designee of the Secretary concerned, 16 after a determination that— 17 ‘‘(A) the position has not been held open pend- 18 ing the retirement of the retired member; 19 ‘‘(B) qualification requirements for the position 20 have not been written in a manner designed to give 21 advantage to the retired member; and 22 ‘‘(C) the retired member was considered and se- 23 lected in accordance with the applicable law (includ- 24 ing regulations) governing the appointing authority 25 used to appoint the retired member. 26 VerDate Sep 11 2014 00:25 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2115.IS S2115 kjohnson on DSK79L0C42 with BILLS 3 •S 2115 IS ‘‘(2) The Secretary concerned or a designee of the 1 Secretary concerned shall determine the duration under 2 which the provisions of this subsection apply.’’; and 3 (2) by adding at the end the following: 4 ‘‘(d)(1) Not later than February 15 each year, the 5 Secretary of Defense and the Director of the Office of Per- 6 sonnel Management shall jointly submit to Congress a re- 7 port on the appointments made during the preceding year 8 using the authority in subsection (b)(1). 9 ‘‘(2) Each report under this subsection shall set 10 forth, for the year covered by such report, the following: 11 ‘‘(A) The number of appointments made using 12 the authority in subsection (b)(1). 13 ‘‘(B) The grades at retirement from the armed 14 forces of the individuals subject to such appoint- 15 ments. 16 ‘‘(C) The job titles, pay grades, and locations of 17 employment at appointment of the individuals sub- 18 ject to such appointments.’’. 19 Æ VerDate Sep 11 2014 00:25 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S2115.IS S2115 kjohnson on DSK79L0C42 with BILLS