Sec. 549. PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED SERVICE IN THE DEPARTMENT OF DEFENSE OF PHYSICALLY DISQUALIFIED FORMER CADETS AND MIDSHIPMEN
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## SEC. 549 PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED SERVICE IN THE DEPARTMENT OF DEFENSE OF PHYSICALLY DISQUALIFIED FORMER CADETS AND MIDSHIPMEN **[**[10 U.S.C. 1580 note](/us/usc/t10/s1580)**]** ###
(a)Pilot Programs Authorized ####
(1)In general 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. ####
(2)Cadets and midshipmen 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— #####
(A)completed the prescribed course of instruction and graduated from the applicable service academy; and #####
(B)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 7448, 8459, or 9448 of title 10, United States Code. ####
(3)Exception 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. ###
(b)Purpose The purpose of the pilot programs conducted under this section 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. ###
(c)Positions ####
(1)In general The positions to which an eligible individual may be appointed under a pilot program conducted under this section 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. ####
(2)Term positions Any appointment under a pilot program shall be to a position having a term of five years or less. ###
(d)Scope of Authority ####
(1)Recruitment and retention of eligible individuals 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. ####
(2)Voluntary acceptance of appointments A pilot program conducted under this section 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. ###
(e)Relationship to Repayment Provisions Completion of a term appointment pursuant to a pilot program conducted under this section 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 (a)(2)(B). ###
(f)Termination ####
(1)In general The authority to appoint eligible individuals in the excepted service under a pilot program conducted under this section 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. ###
(g)Reporting Requirement ####
(1)Report required Not later than the date that is three years after the date of the enactment of this Act, each Secretary of a military department shall submit to the appropriate congressional committees a report containing an evaluation of the effectiveness of the pilot program conducted by such Secretary under this section, including the number of eligible individuals appointed as civilian employees of the Department of Defense under the program and the retention rate for such employees. ####
(2)Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means the Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. ## Subtitle F Defense Dependents’ Education and Military Family Readiness Matters ### PART I DEFENSE DEPENDENTS’ EDUCATION MATTERS
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Sec. 549
PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED SERVICE IN THE DEPARTMENT OF DEFENSE OF PHYSICALLY DISQUALIFIED FORMER CADETS AND MIDSHIPMEN
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