S.Amdt. 3739

This amendment, submitted by Mr. Lankford, aims to add a new section (Section 1109) to title XI of bill S. 2296. The purpose is to require the Comptroller General of the United States to review how the Department of Defense implements section 3326 of title 5, United States Code, specifically regarding the appointment of retired members of the Armed Forces to certain positions.

Review Focus

The review must look into the following:

• The data the Department of Defense collects on these appointments, including the positions filled, the number of appointments made during or after a specific 180-day period, waivers used, and hiring shortages.

• How the Office of Personnel Management and the Department of Defense oversee the implementation and associated hiring challenges.

• The impact of the appointment process on hiring retired members through merit-based reviews, especially for critical shortages.

• Hiring timelines and whether the Department adheres to merit principles compared to candidates not covered by section 3326.

• Whether delays in hiring under section 3326 cause retiring members to seek external employment.

• The effect of Department of Defense memoranda that waive section 3326 for direct hire authority for depot positions.

• The use of existing authorities to hire retired members within 180 days of retirement.

• The impact on military installations in rural communities regarding the availability of candidates with training, technical skills, and security clearances.

• Any other relevant matters identified by the Comptroller General.

Reporting Requirements

The amendment requires two steps for reporting:

• A briefing for congressional defense committees on preliminary findings within 180 days after the Act is enacted.

• A final report submitted to the congressional defense committee in a format and time agreed upon by the committees and the Comptroller General.