S.Amdt. 4587

SA 4587. Ms. COLLINS (for herself and Mr. McCain) submitted an
amendment intended to be proposed by her to the bill S. 2943, to
authorize appropriations for fiscal year 2017 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 subtitle A of title XI, add the following:

SEC. 1114. PILOT PROGRAM ON APPOINTMENT OF PHYSICALLY
DISQUALIFIED FORMER CADETS AND MIDSHIPMEN IN
THE EXCEPTED SERVICE.

(a) Pilot Programs Authorized.--Each Secretary of a
military department may carry out a pilot program to assess
the feasability and advisability of appointing in the
excepted service former cadets or midshipmen who--
(1) graduated from a military service academy or a Senior
Reserve Officers' Training Corps (ROTC) program; and
(2) are medically disqualified for appointment as a
commissioned officer and fulfilling an active duty service
obligation arising from participation of such cadets or
midshipmen at such academy or through such a program.
(b) Employment.--Under a pilot program, the Secretary of
the military department concerned--
(1) may, without regard to any provision of title 5, United
States Code, governing appointment of employees to
competitive service positions within the Department of
Defense, appoint to a position within the Department in the
excepted service an individual who meets the eligibility
criteria of subsection (c); and
(2) may, upon satisfactory completion of two years of
substantially continuous service by an incumbent who was
appointed to an excepted service position under the authority
of paragraph (1), convert the appointment of such individual,
without competition, to a career or career conditional
appointment.
(c) Eligibility.--A former cadet or midshipman is eligible
for appointment under a pilot program only if--
(1) the former cadet or midshipman was previously under the
jurisdiction of the Secretary of the military department
concerned;
(2) the former cadet or midshipman completed the prescribed
course of instruction and graduated from a military service
academy or a Senior Reserve Officers' Training Corps program;
(3) the former cadet or midshipman is determined to be
medically disqualified to complete a period of active duty
prescribed in an agreement signed by such cadet or midshipman
in accordance with section 4348, 6959, 9348, or 2107 of title
10, United States Code, as applicable; and
(4) the medical disqualification is not the result of the
gross negligence or misconduct of the cadet or midshipman.
(d) Relationship to Repayment Provisions.--
(1) Satisfaction of obligation.--A former cadet or
midshipman shall be treated as relieved of any repayment
obligation under section 303a(e) or 373 of title 37, United
States Code, in connection with the failure of the cadet or
midshipman to accept appointment as a commissioned officer
and fulfill an active duty service obligation as described in
subsection (a) by the either of the following:
(A) Service in the excepted service under the pilot program
for such period as the Secretary of the military department
concerned shall specify at the time of the appointment of the
former cadet or midshipman under the pilot program.
(B) The competition of the cadet or midshipman for, and the
encumbrance of the cadet or midshipman of, a permanent
position within the Department or one of its components.
(2) Coercion prohibited.--A Secretary of a military
department shall not implicitly or explicitly compel an
individual described in subsection (c) to accept an
appointment in the excepted service under this section.
(e) Rules of Construction.--Nothing in this section shall
be construed to--
(1) authorize additional positions or create any vacancies
to which eligible individuals may be appointed; or
(2) except as provided in subsection (d)(1), alter the
authority of a Secretary authority under section 303a(e)(1),
373(b), or 374 of title 37, United States Code.
(f) Termination of Authority.--
(1) In general.--The authority to make appointment in the
excepted service under a pilot program shall expire on the
date that is four years after the date of the enactment of
this Act.
(2) Effect on existing appointments.--The termination by
paragraph (1) of the authority in subsection (a) shall not
affect any appointment made under that authority before the
termination date specified in paragraph (1) in accordance
with the terms of such appointment.
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