S.Amdt. 887

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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