I 

114TH CONGRESS 

2D SESSION H. R. 4527 

To temporarily authorize recently retired members of the armed forces to 

be appointed to certain civil service positions, require the Secretary 

of Defense to issue certain notifications, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2016 

Mr. KILMER (for himself and Mr. RUSSELL) introduced the following bill; 

which was referred to the Committee on Armed Services, and in addition 

to the Committee on Oversight and Government Reform, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To temporarily authorize recently retired members of the 

armed forces to be appointed to certain civil service 

positions, require the Secretary of Defense to issue certain notifications, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Retiree Em5 ployment Act’’. 


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1 SEC. 2. TEMPORARY AUTHORIZATION TO APPOINT RE2 CENTLY RETIRED MEMBERS OF THE ARMED 

3 FORCES TO CIVIL SERVICE POSITIONS. 

4 (a) IN GENERAL.—For the period of 5 years begin5 ning on the date that is 180 days after the date of enact6 ment of this Act, the limitation in section 3326(b) of title 

7 5, United States Code, shall not apply to a retired member 

8 of the armed forces during the period of the first 180 days 

9 after retirement. 

10 (b) PUBLICATION AND TRANSPARENCY REQUIRE11 MENTS.—The Secretary concerned shall ensure that for 

12 any appointment made under the authority granted by 

13 subsection (a)— 

14 (1) full consideration, in accordance with place15 ment and promotion procedures of the department 

16 concerned, was given to eligible career employees; 

17 (2) the vacancy has been publicized for at least 

18 10 business days to give interested candidates an op19 portunity to apply; 

20 (3) the qualification requirements for the posi21 tion conform to the principles of a merit-based civil 

22 service; 

23 (4) qualification requirements for the position 

24 have not been written in a manner designed to give 

25 advantage to the retired member; and 


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1 (5) the position has not been held open pending 

2 the retirement of the retired member. 

3 (c) OVERSIGHT BY OFFICE OF PERSONNEL MANAGE4 MENT.— 

5 (1) PLAN DRAFT AND IMPLEMENTATION.—Not 

6 later than 90 days after the date of enactment of 

7 this Act, the Director of the Office of Personnel 

8 Management shall establish an oversight plan to 

9 monitor all appointments made pursuant to sub10 section (a), and conduct oversight according to the 

11 plan for the duration of the authority granted by 

12 subsection (a). 

13 (2) ANNUAL PUBLICATION.—Not later than 30 

14 days after the end of the fiscal year of the date of 

15 enactment of this Act, and every year thereafter for 

16 the duration of the authority granted by subsection 

17 (a), the Director of the Office of Personnel Manage18 ment shall publish, by including the information 

19 within a publication on a related matter, the number 

20 of new employees appointed under such authority in 

21 that year. 

22 (d) REPORT.—Not later than 4 years after the date 

23 of enactment of this Act, the Comptroller General shall 

24 submit a report to Congress describing the impact of the 

25 temporary authority granted by subsection (a), providing 


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1 policy recommendations for improvements, and recom2 mending whether such authority should be made perma3 nent. 

4 (e) RULE OF CONSTRUCTION.—No provision of this 

5 section may be interpreted to affect any appointment other 

6 than an appointment made by the Secretary of Defense. 

7 SEC. 3. VACANCY NOTIFICATION REQUIREMENT. 

8 Beginning 90 days after the date of enactment of this 

9 Act, the Secretary of Defense, acting through the head 

10 of each office in the Department of Defense, shall ensure 

11 that every employee of the Department of Defense is in12 formed, within one calendar day, of the publication of a 

13 vacancy within that employee’s office that requires quali14 fications related to the employee’s current duties. 

15 SEC. 4. REDUCTION IN FORCE PROTECTIONS. 

16 For the period of 10 years beginning on the date that 

17 is 90 days after the date of enactment of this Act, the 

18 Secretary of Defense shall ensure that each employee who 

19 is a veteran and who is newly hired or appointed to a posi20 tion in the Department of Defense shall be informed of 

21 the effect of section 1597 of title 10, United States Code, 

22 as amended by the National Defense Authorization Act 

23 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726), 

24 on that employee’s protection from reduction in force. 

Æ 


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