An obscure federal law passed in 1964 requires retired military personnel to wait 180 days after their retirement date to work for the federal government. 5 USC 3326 is having a profound negative impact on the military’s ability to attract and retain top talent.
The law was intended to level the playing field between private sector employers and the federal government in recruiting military retirees. It was also used to stop the so-called “revolving door” of many of its senior leaders. Unfortunately, it had the unintended consequence of making the federal government an unattractive employer for many military retirees who were forced to wait for 6 months before coming back to work for their previous employers.
The military is facing an increasingly competitive environment for top talent.
The result is that many of the most talented military personnel are leaving service to take jobs in the private sector, taking their skills and experience with them.
The military is facing an increasingly competitive environment for top talent. In recent years, private sector employers have been increasingly aggressive in recruiting military personnel. The federal government is struggling to keep up with these private sector employers, who are not subject to the same hiring restrictions.
The result is that many of the most talented military personnel (who are highly qualified for civil service jobs) are leaving the service to take jobs in the private sector, taking their skills and experience with them. This is a serious problem for the military, which is already facing a shortage of skilled personnel.
Enter The Retain Skilled Veterans Act
The House (H.R. 4031) and Senate (S. 2161) have both introduced their versions of the legislation and there is broad, bi-partisan support to eliminate the law at the GS-13 and below levels. This means hiring managers will no longer have to go through the very cumbersome process of seeking a waiver. In most cases, the waiver process that’s codified in Department of Defense Instruction (DoDI) 1402.01, takes most managers approximately 6 months to get through anyway. By the time they finally get through the process, the retiree almost always accepts a different position; usually in private industry. Language for the bill will likely be found in this year’s National Defense Authorization Act (NDAA) for FY 23. Since we’re in a Congressional election year, I wouldn’t expect to see an approved NDAA until next spring or summer
The Retain Skilled Veterans Act enjoys bi-partisan support
Finally, a bill that both Republicans and Democrats can both get behind. It will likely be voted on during this year’s National Defense Authorization Act (NDAA), and if approved, will be celebrated by both veterans and hiring managers alike. Once passed, the military will be able to capitalize on the years of experience gained by its retirees; many of whom still retain many more years of valuable work life. Hiring managers will be thrilled to be able to dip into the retiree talent pool, many of whom retire when they’re between 42 and 46 years old.
Senator James Lankford (R-OK) introduced the bill in the Senate on June 22nd 2021 and is being co-sponsored by Senator Kyrsten Sinema (D-AZ), Senator Mike Lee (R-UT), Senator Mitt Romney (R-UT), Senator John Cornyn (R-TX), and Senator Mike Braun R-IN).
Within the House, Representative Blake Moore (R-UT) sponsored the bill with the following co-sponsors: Rep. Wittman, Robert J. [R-VA-1], Rep. Stefanik, Elise M. [R-NY-21], Rep. Bice, Stephanie I. [R-OK-5], Rep. Waltz, Michael [R-FL-6], Rep. DesJarlais, Scott [R-TN-4], Rep. Lamborn, Doug [R-CO-5], Rep. Scott, Austin [R-GA-8], Rep. Hartzler, Vicky [R-MO-4], Rep. Kelly, Trent [R-MS-1], Rep. Cole, Tom [R-OK-4], Rep. Stewart, Chris [R-UT-2], Rep. Obernolte, Jay [R-CA-8], Rep. Kirkpatrick, Ann [D-AZ-2], Rep. Turner, Michael R. [R-OH-10], Rep. McMorris Rodgers, Cathy [R-WA-5], Rep. Franklin, C. Scott [R-FL-15], Rep. Carl, Jerry L. [R-AL-1], Rep. Cloud, Michael [R-TX-27], and Rep. Joyce, David P. [R-OH-14].
What should military retirees do at this point?
As the bill continues to be debated in Congress, you should make your voices heard. Write to your Senators and Congressional Representatives. It also wouldn’t hurt if more Democrats would sign on to the bill as it will inevitably help a large portion of their voting constituents.