[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2115 Introduced in Senate (IS)]

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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 Defense to appoint 
retired members of the armed forces to positions within the Department 
                           after retirement.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MODIFICATION OF PERIOD AFTER RETIREMENT FOR AUTHORITY OF 
              DEPARTMENT OF DEFENSE TO APPOINT RETIRED MEMBERS OF THE 
              ARMED FORCES TO POSITIONS WITHIN THE DEPARTMENT AFTER 
              RETIREMENT.

    Section 3326 of title 5, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b)(1) 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) immediately after the retirement of 
the member only if the proposed appointment is authorized by the 
Secretary concerned or a designee of the Secretary concerned, after a 
determination that--
            ``(A) the position has not been held open pending the 
        retirement of the retired member;
            ``(B) qualification requirements for the position have not 
        been written in a manner designed to give advantage to the 
        retired member; and
            ``(C) the retired member was considered and selected in 
        accordance with the applicable law (including regulations) 
        governing the appointing authority used to appoint the retired 
        member.
    ``(2) The Secretary concerned or a designee of the Secretary 
concerned shall determine the duration under which the provisions of 
this subsection apply.''; and
            (2) by adding at the end the following:
    ``(d)(1) Not later than February 15 each year, the Secretary of 
Defense and the Director of the Office of Personnel Management shall 
jointly submit to Congress a report on the appointments made during the 
preceding year using the authority in subsection (b)(1).
    ``(2) Each report under this subsection shall set forth, for the 
year covered by such report, the following:
            ``(A) The number of appointments made using the authority 
        in subsection (b)(1).
            ``(B) The grades at retirement from the armed forces of the 
        individuals subject to such appointments.
            ``(C) The job titles, pay grades, and locations of 
        employment at appointment of the individuals subject to such 
        appointments.''.
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