[Congressional Record Volume 162, Number 90 (Wednesday, June 8, 2016)]
[Senate]
[Page S3659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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