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that position, except for a period not to exceed six months, unless a waiver of the requirements is granted under subsection (c).
(c) WAIVER. 1) The Secretary of each military department (acting through the service acquisition executive for that department) or the Secretary of Defense (acting through the Under Secretary of Defense for Acquisition and Technology) for Defense Agencies and other components of the Department of Defense may waive, on a case-by-case basis, the requirements established under this subchapter with respect to the assignment of an individual to a particular critical acquisition position. Such a waiver may be granted only if unusual circumstances justify the waiver or if the Secretary concerned (or official to whom the waiver authority is delegated) determines that the individual's qualifications obviate the need for meeting the education, training, and experience requirements established under this subchapter.
(2) The authority to grant such waivers may be delegated
(A) in the case of the service acquisition executives of the military departments, only to the Director of Acquisition Career Management for the military department concerned; and (B) in the case of the Under Secretary of Defense for Acquisition and Technology, only to the Director of Acquisition Education, Training, and Career Development.
(d) OPM APPROVAL.-The Secretary of Defense shall submit any requirement with respect to civilian employees established under this subchapter to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director.
(Added P.L. 101-510, § 1202(a), Nov. 5, 1990, 104 Stat. 1650, and amended P.L. 102-190, § 1061(a)(8), (c), Dec. 5, 1991, 105 Stat. 1472, 1475; P.L. 103–160, § 904(d), Nov. 30, 1993, 107 Stat. 1728.)
SUBCHAPTER IV-EDUCATION AND TRAINING
Cooperative education program.
Additional education and training programs available to acquisition per
Defense acquisition university structure.
§ 1741. Policies and programs: establishment and implemen
Policies and programs: establishment and implementation.
(a) POLICIES AND PROCEDURES.-The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter.
(b) FUNDING LEVELS.-The Under Secretary of Defense for Acquisition and Technology each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department
of Defense budget justification documents submitted in support of the President's budget submitted to Congress under section 1105 of title 31.
(c) PROGRAMS.-The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments.
(Added P.L. 101-510, 1202(a), Nov. 5, 1990, 104 Stat. 1651, and amended P.L. 103–160, § 904(d), Nov. 30, 1993, 107 Stat. 1728.)
§ 1742. Intern program
The Secretary of Defense shall require that each military department conduct an intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into the Acquisition Corps.
(Added P.L. 101-510, § 1202(a), Nov. 5, 1990, 104 Stat. 1651.)
§ 1743. Cooperative education program
The Secretary of Defense shall require that the Secretary of each military department conduct a department-wide cooperative education credit program under which students are employed by the Department of Defense in acquisition positions. Under the program, the Secretary shall enter into cooperative arrangements with one or more accredited institutions of higher education which provide for such institutions to grant undergraduate credit for work performed in such a position.
(Added P.L. 101-510, § 1202(a), Nov. 5, 1990, 104 Stat. 1651.)
§ 1744. Scholarship program
(a) ESTABLISHMENT.-The Secretary of Defense shall establish a scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense.
(b) ELIGIBILITY.-To be eligible to participate in the scholarship program, an individual must
(1) be accepted for enrollment or be currently enrolled as a full-time student at an accredited educational institution authorized to grant baccalaureate or graduate degrees (as appropriate);
(2) be pursuing a course of education that leads toward completion of a bachelor's, master's, or doctor's degree (as appropriate) in a qualifying field of study, as determined by the Secretary of Defense;
(3) sign an agreement described in subsection (c) under which the participant agrees to serve a period of obligated service in the Department of Defense in an acquisition position in return for payment of educational assistance as provided in the agreement; and
(4) meet such other requirements as the Secretary pre
(c) AGREEMENT.-An agreement between the Secretary of Defense and a participant in the scholarship program established under this section shall be in writing, shall be signed by the participant, and shall include the following provisions:
(1) The Secretary's agreement to provide the participant with educational assistance for a specified number (from one to four) of school years during which the participant is pursuing a course of education in a qualifying field of study. The assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend.
(2) The participant's agreement (A) to accept such educational assistance, (B) to maintain enrollment and attendance in the course of education until completed, and (C) while enrolled in such course, to maintain an acceptable level of academic standing (as prescribed by the Secretary).
(3) The participant's agreement that, after successfully completing the course of education, the participant
(A) shall accept, if offered within such time as shall be specified in the agreement, an appointment to a full-time acquisition position in the Department of Defense that is commensurate with the participant's academic degree and experience, and that is
(i) in the excepted service, if the participant has not previously acquired competitive status, with the right, after successful completion of 2 years of service and such other requirements as the Office of Personnel Management may prescribe, to be appointed to a position in the competitive service, notwithstanding subchapter I of chapter 33 of title 5; or
(ii) in the competitive service, if the participant has previously acquired competitive status; and
(B) if appointed under subparagraph (A), shall serve for 1 calendar year for each school year or part thereof for which the participant was provided a scholarship under the scholarship program.
(d) REPAYMENT.-(1) Any person participating in a program established under this section shall agree to pay to the United States the total amount of educational assistance provided to the person under the program if the person is voluntarily separated from service or involuntarily separated for cause from the Department of Defense before the end of the period for which the person has agreed to continue in the service of the Department of Defense in an acquisition position.
(2) If an employee fails to fulfill his agreement to pay to the Government the total amount of educational assistance provided to the person under the program, a sum equal to the amount of the educational assistance is recoverable by the Government from the employee or his estate by
(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(B) such other method as is provided by law for the recovery of amounts owing to the Government.
(3) The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
(e) RULE OF CONSTRUCTION.-Nothing in this section shall be considered to require that a position be offered to a person after such person successfully completes the course of education agreed to. However, if no position described in subsection (c)(3)(A) is offered within the time specified in the agreement, the agreement shall be considered terminated.
(f) DEFINITIONS.-In this section, the terms "competitive service" and "excepted service" have the meanings provided those terms by sections 2102 and 2103, respectively, of title 5.
(Added P.L. 101-510, 1202(a), Nov. 5, 1990, 104 Stat. 1652, and amended P.L. 102-484, § 812(f), Oct. 23, 1992, 106 Stat. 2451.)
§ 1745. Additional education and training programs available to acquisition personnel
(a) TUITION REIMBURSEMENT AND TRAINING.-The Secretary of Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) under section 4107(d) of title 5 for acquisition personnel in the Department of Defense for the purposes described in that section. For purposes of such section 4107(d), there is deemed to be, until September 30, 2001, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense.
(b) REPAYMENT OF STUDENT LOANS.-The Secretary of Defense may repay all or part of a student loan under section 5379 of title 5 for an employee of the Department of Defense appointed to an acquisition position.
(Added P.L. 101–510, § 1202(a), Nov. 5, 1990, 104 Stat. 1653.)
References in section 1745(a) to section 4107(d) of title 5 should be to section 4107(b) to reflect redesignation by P.L. 103–226, section 2(a)(5)B), March 30, 1994, 108 Stat. 112.
§ 1746. Defense acquisition university structure 6
(a) DEFENSE ACQUISITION UNIVERSITY STRUCTURE.-(1)7 The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Technology, shall establish and maintain a defense acquisition university structure to provide for
(A) the professional educational development and training of the acquisition workforce; and
(B) research and analysis of defense acquisition policy issues from an academic perspective.
(b) CIVILIAN FACULTY MEMBERS.-(1) The Secretary of Defense may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary.
(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary.
(3) In this subsection, the term "defense acquisition university" includes the Defense Systems Management College.
(Added P.L. 101-510, §1202(a), Nov. 5, 1990, 104 Stat. 1653, and amended P.L. 103–160, §904(d), Nov. 30, 1993, 107 Stat. 1728.)
Section 1205 of Defense Acquisition Workforce Improvement Act (title XII of P.L. 101-510; 104 Stat. 1658) provides:
SEC. 1205. DEFENSE ACQUISITION UNIVERSITY STRUCTURE
(a) ESTABLISHMENT OF STRUCTURE.-Not later than October 1, 1991, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition [now Acquisition and Technology), shall prescribe regulations for the initial structure for a defense acquisition university under section 1746 of title 10, United States Code (as added by section 1202). The regulations shall include the following:
(1) Operation under a charter developed by the Secretary of Defense.
(2) Establishment of a university mission to achieve objectives formulated by the Secretary of Defense. Such objectives shall include
(A) the achievement of more efficient and effective use of available acquisition resources by coordinating Department of Defense acquisition education and training programs and tailoring them to support the careers of personnel in acquisition positions; and
(B) the development of education, training, research, and publication capabilities in the area of acquisition.
(3) Establishment of appropriate lines of authority (including relationships between the university and each of the existing acquisition education and training institutions and activities) and accountability for the accomplishment of the university mission (as established by the Secretary).
(4) A coherent framework for the educational development of personnel in acquisition positions. Such framework shall cover courses of instruction from the basic level through intermediate and senior levels. At the senior level, the framework shall provide for a senior course as a substitute for, and equivalent to, existing senior professional military educational school courses, specifically designed for personnel serving in critical acquisition positions.
(5) Appropriate organizations, such as a policy guidance council, composed of senior Department of Defense officials, to recommend or establish policy, and a board of visitors, composed of persons selected for their preeminence in the fields of academia, business, and the defense industry, to advise on organization management, curricula, methods of instruction, facilities, and other matters of interest to the university.
(6) An appropriate centralized mechanism, under the Under Secretary of Defense for Acquisition, to control the allocation of resources for purposes of conducting mandatory acquisition courses and other training, education, and research activities to achieve the objectives of the university, such as funding for students to attend courses of instruction, funding to conduct the courses, and funding to pay instructor salaries.
(b) IMPLEMENTATION.-Not later than October 1, 1991, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall prescribe and submit to the Committees on Armed Services of the Senate and House of Representatives an implementation plan, including a charter, for the defense acquisition university structure. Not later than August 1, 1992, the Secretary of Defense shall carry out the implementation plan.
7So in original. Section 1746(a) does not have a paragraph (2).