[Congressional Record Volume 165, Number 107 (Tuesday, June 25, 2019)]
[Senate]
[Page S4516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 887. Mr. LANKFORD (for himself, Mr. Romney, and Mr. Lee) submitted 
an amendment intended to be proposed to amendment SA 764 proposed by 
Mr. Inhofe to the bill S. 1790, to authorize appropriations for fiscal 
year 2020 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. 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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