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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Retired Military Mem-
ber Appointments to the Department of Defense Act’’. 
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SEC. 2. MODIFICATION OF PERIOD AFTER RETIREMENT 
FOR AUTHORITY OF DEPARTMENT OF DE-
FENSE 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 Sec-
retary concerned or a designee of the Secretary concerned, 
after a determination that— 
‘‘(A) the position has not been held open pend-
ing 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 se-
lected in accordance with the applicable law (includ-
ing regulations) governing the appointing authority 
used to appoint the retired member. 
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‘‘(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 Per-
sonnel Management shall jointly submit to Congress a re-
port 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 appoint-
ments. 
‘‘(C) The job titles, pay grades, and locations of 
employment at appointment of the individuals sub-
ject to such appointments.’’. 
Æ 
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