Sec. 1108. Temporary authority to appoint retired members of the Armed Forces to positions in the Department of Defense
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Notwithstanding the requirements of section 3326 of title 5, United States Code, the Secretary of Defense may appoint retired members of the Armed Forces to positions in the Department of Defense described in subsection (b). The positions in the Department described in this subsection are positions classified at or below GS–13 under the General Schedule under subchapter III of chapter 53 of title 5, United States Code, or an equivalent level under another wage system, in the competitive service— at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); and that have been certified by the Secretary of the military department concerned as lacking sufficient numbers of potential applicants.
The Secretary of a military department may not delegate the authority to make a certification described in paragraph (1)(B) to an individual in a grade lower than colonel, captain in the Navy, or an equivalent grade in the Space Force, or an individual with an equivalent civilian grade. Not later than two years after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on this section and the authority provided by this section.
The report shall include the following: A description of the use of such authority, including the positions to which appointments are authorized to be made under such authority and the number of retired members appointed to each such position under such authority. Any other matters in connection with such section or such authority that the Secretary considers appropriate. Effective on the date that is 3 years after the date of enactment of this Act, the authority provided under subsection
(a)shall expire. In this section, the terms member and Secretary concerned have the meaning given those terms in section 101 of title 37, United States Code.