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 Defense to appoint retired members of the armed forces 

to positions within the Department after retirement. 

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


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•S 2115 IS

1 SECTION 1. MODIFICATION OF PERIOD AFTER RETIRE2 MENT FOR AUTHORITY OF DEPARTMENT OF 

3 DEFENSE TO APPOINT RETIRED MEMBERS 

4 OF THE ARMED FORCES TO POSITIONS WITH5 IN THE DEPARTMENT AFTER RETIREMENT. 

6 Section 3326 of title 5, United States Code, is 

7 amended— 

8 (1) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b)(1) A retired member of the armed forces may 

11 be appointed to a position in the civil service in or under 

12 the Department of Defense (including a nonappropriated 

13 fund instrumentality under the jurisdiction of the armed 

14 forces) immediately after the retirement of the member 

15 only if the proposed appointment is authorized by the Sec16 retary concerned or a designee of the Secretary concerned, 

17 after a determination that— 

18 ‘‘(A) the position has not been held open pend19 ing the retirement of the retired member; 

20 ‘‘(B) qualification requirements for the position 

21 have not been written in a manner designed to give 

22 advantage to the retired member; and 

23 ‘‘(C) the retired member was considered and se24 lected in accordance with the applicable law (includ25 ing regulations) governing the appointing authority 

26 used to appoint the retired member. 


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•S 2115 IS

1 ‘‘(2) The Secretary concerned or a designee of the 

2 Secretary concerned shall determine the duration under 

3 which the provisions of this subsection apply.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(d)(1) Not later than February 15 each year, the 

6 Secretary of Defense and the Director of the Office of Per7 sonnel Management shall jointly submit to Congress a re8 port on the appointments made during the preceding year 

9 using the authority in subsection (b)(1). 

10 ‘‘(2) Each report under this subsection shall set 

11 forth, for the year covered by such report, the following: 

12 ‘‘(A) The number of appointments made using 

13 the authority in subsection (b)(1). 

14 ‘‘(B) The grades at retirement from the armed 

15 forces of the individuals subject to such appoint16 ments. 

17 ‘‘(C) The job titles, pay grades, and locations of 

18 employment at appointment of the individuals sub19 ject to such appointments.’’. 

Æ 


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