Sec. 544. Pilot programs on appointment in the excepted service in the Department of Defense of physically disqualified former cadets and midshipmen
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Each Secretary of a military department may carry out a pilot program under which former cadets or midshipmen described in paragraph
(2)(in this section referred to as eligible individuals ) under the jurisdiction of such Secretary may be appointed by the Secretary of Defense in the excepted service under section 3320 of title 5, United States Code, in the Department of Defense. Except as provided in paragraph (3), a former cadet or midshipman described in this paragraph is any former cadet at the United States Military Academy or the United States Air Force Academy, and any former midshipman at the United States Naval Academy, who— completed the prescribed course of instruction and graduated from the applicable service academy; and is determined to be medically disqualified to complete a period of active duty in the Armed Forces prescribed in an agreement signed by such cadet or midshipman in accordance with section 4348, 6959, or 9348 of title 10, United States Code. A former cadet or midshipman whose medical disqualification as described in paragraph (2)(B) is the result of the gross negligence or misconduct of the former cadet or midshipman is not an eligible individual for purposes of appointment under a pilot program. The purpose of the pilot programs is to evaluate the feasibility and advisability of permitting eligible individuals who cannot accept a commission or complete a period of active duty in the Armed Forces prescribed by the Secretary of the military department concerned to fulfill an obligation for active duty service in the Armed Forces through service as a civilian employee of the Department of Defense The positions to which an eligible individual may be appointed under a pilot program are existing positions within the Department of Defense in grades up to GS–9 under the General Schedule under section 5332 of title 5, United States Code (or equivalent). The authority in subsection
(a)does not authorize the creation of additional positions, or create any vacancies to which eligible individuals may be appointed under a pilot program. Any appointment under a pilot program shall be to a position having a term of five years or less. The authority in subsection
(a)may be used only to the extent necessary to recruit and retain on a non-competitive basis cadets and midshipmen who are relieved of an obligation for active duty in the Armed Forces due to becoming medically disqualified from serving on active duty in the Armed Forces, and may not be used to appoint any other individuals in the excepted service. A pilot program may not be used as an implicit or explicit basis for compelling an eligible individual to accept an appointment in the excepted service in accordance with this section. Completion of a term appointment pursuant to a pilot program shall relieve the eligible individual concerned of any repayment obligation under section 303a(e) or 373 of title 37, United States Code, with respect to the agreement of the individual described in subsection (b)(2)(B). The authority to appoint eligible individuals 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. 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.