S.Amdt. 406Senate115th Congress (2017-2019)
S.Amdt. 406
Sponsored by
Sen. Joe Donnelly (D-IN)
Submitted July 27, 2017
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Senate amendment submitted
July 27, 2017
Text
Submitted
SA 406. Mr. DONNELLY submitted an amendment intended to be proposed by him to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 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. ___. PILOT PROGRAM ON APPOINTMENT OF GRADUATE AND UNDERGRADUATE STUDENTS IN POSITIONS IN THE DEFENSE ACQUISITION WORKFORCES OF THE MILITARY DEPARTMENTS. (a) Pilot Program Required.--The Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics and the service acquisition executives of the military departments, carry out a pilot program to assess the feasibility and advisability of appointing graduate and undergraduate students described in subsection (b) to positions in the defense acquisition workforce of the military departments in accordance with the provisions of this section. (b) Graduate and Undergraduate Students.-- (1) In general.--The graduate and undergraduate students described in this subsection are individuals who-- (A) are citizens of the United States; (B) are currently enrolled in a qualifying educational institution on a full-time basis in a course of academic study leading to a graduate degree or baccalaureate degree in a field that is related to acquisition; and (C) are in good academic standing at the qualifying educational institution concerned. (2) Qualifying educational institutions.--For purposes of this subsection, a qualifying educational institution is any educational institution awarding graduate or baccalaureate degrees that is accredited by an appropriate accrediting body recognized by the Secretary of Education. (c) Limitation.--The number of positions in the defense acquisition workforce of a military department that are filled under the pilot program in any fiscal year may not exceed the number equal to one percent of the total number of positions in the defense acquisition workforce of the military department that are filled as of the end of the preceding fiscal year. (d) Agreements.-- (1) In general.--Each graduate or undergraduate student selected for participation [[Page S4444]] in the pilot program shall enter into an agreement with the Under Secretary regarding participation in the pilot program. (2) Elements.--A graduate or undergraduate student shall agree in the agreement under this subsection as follows: (A) To accept a term appointment with the Department of Defense as described in subsection (e). (B) To obtain and maintain a security clearance at the secret level or higher during participation in the pilot program. (C) To successfully complete the course of academic study of the student as described in subsection (b)(1)(B). (3) Participants.--Each graduate or undergraduate student participating in the pilot program may be known as an ``Acquisition Collegiate Program Intern'' or ``ACPI''. (e) Appointment.-- (1) In general.--Each graduate or undergraduate student participating in the pilot program shall be appointed to a renewable term appointment in a position in the defense acquisition workforce of a military department performing such acquisition or acquisition-related duties, and for such term, as the performance plan of the student under subsection (h) shall specify. (2) Scope of appointment authority.--Appointments under the pilot program may be made without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. (f) Compensation.-- (1) In general.--The rates of compensation for graduate and undergraduate students in a position under the pilot program pursuant to an initial appointment under the pilot program shall be established in accordance with guidance issued by the Secretary for purposes of the pilot program. (2) Funds.--Funds for the compensation of graduate and undergraduate students appointed to positions under the pilot program may be derived from amounts in the Department of Defense Acquisition Workforce Development Fund. (g) Work Schedules.--The work schedule of a graduate or undergraduate student participating in the pilot program shall include a formal schedule of work and study designed to ensure that periods of work do not interfere with the taking of courses. (h) Performance Evaluation.--Each graduate or undergraduate student participating in the pilot program shall be evaluated for performance in the position to which appointed under the pilot program using a performance plan issued to the student upon appointment under the pilot program. (i) Promotion.--A graduate or undergraduate student participating in the pilot program who performs successfully in a position under the pilot program, and who otherwise successfully meets all other requirements applicable to the student under the pilot program, may be promoted. (j) Termination.--A graduate or undergraduate student participating in the pilot program may be terminated from the pilot program, and a position under the pilot program, for misconduct, poor performance in position, or lack of suitability for continuation in a position in the defense acquisition workforce of a military department or any other department, agency, organization, or element of the Department of Defense. (k) Conversion to Competitive Service.-- (1) In general.--The term appointment in a position under the pilot program of a graduate or undergraduate student participating in the pilot program may be converted on a noncompetitive basis to a renewable term appointment in a competitive service position upon the student's successful completion of participation in the pilot program if the student meets such conditions as the Secretary shall establish at the commencement of the term appointment. (2) Scope of conversion.--A conversion under paragraph (1) may be made to an appropriate position in any department, agency, organization, or other element of the Department. (3) No right of employment.--Participation in the pilot program confers no right on a student for further employment by the Department of Defense in the competitive or excepted service. (4) Accrual of career tenure.--The tenure of a student in a position under the pilot program shall count the toward the career tenure of the student in Department after a conversation of the student's position under paragraph (1), whether with or without an intervening term appointment in the competitive service. (l) Termination.-- (1) In general.--The authority to appoint graduate or undergraduate students to positions under the pilot program shall expire on the date that is five years after the date of the enactment of this Act. (2) Effect on existing appointments.--The termination by paragraph (1) of the authority referred to in that paragraph shall not affect any appointment made under that authority before the termination date specified in that paragraph in accordance with the terms of such appointment. ______