S.Amdt. 3739

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.
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