[Congressional Record Volume 171, Number 143 (Tuesday, September 2, 2025)]
[Senate]
[Pages S5669-S5670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3739. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 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 end of title XI, add the following:

     SEC. 1109. COMPTROLLER GENERAL REVIEW REGARDING APPOINTMENT 
                   OF RETIRED MEMBERS OF THE ARMED FORCES TO 
                   CERTAIN POSITIONS IN THE DEPARTMENT OF DEFENSE.

       (a) Review Required.--The Comptroller General of the United 
     States shall conduct a review of the implementation of 
     section 3326 of title 5, United States Code, with respect to 
     the appointment of retired members of the Armed Forces to 
     certain positions within the Department of Defense.
       (b) Elements.--The review conducted under subsection (a) 
     shall include a review of the following:
       (1) The extent to which the Department of Defense collects 
     data on the appointment of retired members of the Armed 
     Forces to positions within the Department, including data 
     with respect to--
       (A) the positions to which those members are appointed;
       (B) the number of such appointments made after the 180-day 
     period described in subsection (b) of section 3326 of title 
     5, United States Code;
       (C) the number of such appointments made during that 180-
     day period;
       (D) any authorizations, approvals, or waivers used for such 
     appointments; and
       (E) hiring shortages in positions for which retiring 
     members would be qualified.
       (2) How the Department of Defense and the Office of 
     Personnel Management conduct oversight of the implementation 
     of section 3326 of title 5, United States Code, and 
     associated hiring challenges, including the process for any 
     authorizations, approvals, or waivers.
       (3) The impact of the appointment process on the ability of 
     the Department of Defense to hire retired members of the 
     Armed Forces into certain positions through a merit-based 
     review, including positions for which there are critical 
     shortages.
       (4) The history of timelines for hiring retired members in 
     accordance with section 3326 of title 5, United States Code, 
     including--
       (A) additional waivers, authorizations, and approvals 
     required compared to candidates not covered by that section; 
     and
       (B) an assessment of the Department's adherence to merit 
     principles in finding and hiring the most qualified 
     candidates for civil service positions.
       (5) Data or anecdotal evidence pertaining to the extent to 
     which retiring members of the Armed Forces leave the 
     Department of Defense for external employment opportunities 
     as a result of delays in hiring under section 3326 of title 
     5, United States Code.
       (6) The associated impact on hiring timelines and staffing 
     from Department of Defense memoranda that waive the 
     requirement to apply section 3326 of title 5, United States 
     Code, as it relates to direct hire authority for depot 
     positions in accordance with section 9905 of that title.
       (7) A description of existing authorities for the 
     Department to hire retired members within 180 days of 
     retirement, notwithstanding section 3326 of title 5, United 
     States Code, and the extent to which the Department uses 
     those authorities.
       (8) The impact of the implementation of section 3326 of 
     title 5, United States Code, on military installations in 
     rural communities and the extent to which a competitive 
     candidate pool with security clearances, technical skills, 
     and training would otherwise be

[[Page S5670]]

     made available to fill positions at those installations.
       (9) Any other matters the Comptroller General deems 
     relevant.
       (c) Briefing and Report.--
       (1) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     brief the congressional defense committees on any preliminary 
     findings of the review required by subsection (a).
       (2) Report.--The Comptroller General shall submit to the 
     congressional defense committee a report with the final 
     results of the review required by subsection (a) at a time, 
     and in a format, mutually agreed upon by the Comptroller 
     General and those committees.
                                 ______