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rolled 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; amended P.L. 102–484, $812(f), Oct. 23, 1992, 106 Stat. 2451.) $ 1745. Additional education and training programs avail

able to acquisition personnel (a) TUITION REIMBURSEMENT AND TRAINING.(1) The Secretary of Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) for acquisition personnel in the Department of Defense.

(2) For civilian personnel, the reimbursement and training shall be provided under section 4107(b) of title 5 for the purposes described in that section. For purposes of such section 4107(b), there is deemed to be, until September 30, 2010, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense.

(3) In the case of members of the armed forces, the limitation in section 2007(a) of this title shall not apply to tuition reimbursement and training provided for under this subsection.

(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; amended P.L. 104-106, § 1503(a)(15), Feb. 10, 1996, 110 Stat. 511; P.L. 106–65, $ 925(a), Oct. 5, 1999, 113 Stat. 726; P.L. 106–398, § 1[1123), Oct. 30, 2000, 114 Stat. 1654, 1654A-317.) § 1746. Defense acquisition university structure 7

(a) DEFENSE ACQUISITION UNIVERSITY STRUCTURE.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish and maintain a defense acquisition university structure to provide for

7 Section 1205(a) of the Defense Acquisition Workforce Improvement Act (title XII of P.L. 101– 510; 104 Stat. 1658) provides:

(a) ESTABLISHMENT OF STRUCTURE.—Not later than October 1, 1991, the Secretary of Defense, acting through the Under Secretary of Defense for 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 and Technology, to control the allocation of resources for purposes of conducting mandatory acquisition courses and other training, education, and research activities to

Continued 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.

(1) the professional educational development and training of the acquisition workforce; and

(2) 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; amended P.L. 103–160, $ 904(d), Nov. 30, 1993, 107 Stat. 1728; P.L. 104-106, $ 1503(a)(16), Feb. 10, 1996, 110 Stat. 512; P.L. 107–107, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.) $ 1747. Acquisition fellowship program

(a) ESTABLISHMENT.—The Secretary of Defense shall establish and carry out an acquisition fellowship program in accordance with this section in order to enhance the ability of the Department of Defense to recruit employees who are highly qualified in fields of acquisition.

(b) NUMBER OF FELLOWSHIPS.–The Secretary of Defense may designate up to 25 prospective employees of the Department of Defense as acquisition fellows.

(c) ELIGIBILITY.—In order to be eligible for designation as an acquisition fellow, an employee

(1) must complete at least 2 years of Federal Government service as an employee in an acquisition position in the Department of Defense; and

(2) must be serving in an acquisition position in the Department of Defense that involves the performance of duties likely to result in significant restrictions under law on the employment activities of that employee after leaving Government service.

(d) Two-YEAR PERIOD OF RESEARCH AND TEACHING.–Under the fellowship program, the Secretary of Defense shall pay designated acquisition fellows to engage in research or teaching for a 2-year period in a field related to Federal Government acquisition policy. Such research or teaching may be conducted in the defense acquisition university structure of the Department of Defense, any other institution of professional education of the Federal Government, or a nonprofit institution of higher education. Each fellow shall be paid at a rate equal to the rate of pay payable for the level of the position in which the fellow served in the Department of Defense before undertaking such research or teaching. (Added as $2410h by P.L. 102–484, $ 841(a), Oct. 23, 1992, 106 Stat. 2468; transferred and redesignated as $ 1747 by P.L. 107–314, § 1062(a)(10)(A), Dec. 2, 2002, 116 Stat. 2650.)

SUBCHAPTER V–GENERAL MANAGEMENT PROVISIONS

Sec.
1761. Management information system.
[1762. Repealed.)
1763. Reassignment of authority.
[1764. Repealed.]
$ 1761. Management information system

(a) IN GENERAL.-The Secretary of Defense shall prescribe regulations to ensure that the military departments and Defense Agencies establish a management information system capable of providing standardized information to the Secretary on persons serving in acquisition positions.

(b) MINIMUM INFORMATION.—The management information system shall, at a minimum, provide for

(1) the collection and retention of information concerning the qualifications, assignments, and tenure of persons in the acquisition workforce;

(2) any exceptions and waivers granted with respect to the application of qualification, assignment, and tenure policies, procedures, and practices to such persons;

(3) relative promotion rates for military personnel in the acquisition workforce; and

(4) collection of the information necessary for the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretary of Defense to comply with the requirements

of section 1762 for the years in which that section is in effect. (Added P.L. 101-510, $ 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended P.L. 103–160, $ 904(d), Nov. 30, 1993, 107 Stat. 1728; P.L. 107–107, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.) [8 1762. Repealed. P.L. 107–107, $1048(e)(7)(A), Dec. 28, 2001,

115 Stat. 1227] $ 1763. Reassignment of authority

The Secretary of Defense may assign the responsibilities under this chapter of the Under Secretary of Defense for Acquisition, Technology, and Logistics to any other civilian official in the Office of the Secretary of Defense who is appointed by the President by and with the advice and consent of the Senate. If the Secretary takes action under the preceding sentence, he may authorize the Secretaries of the military departments to assign the responsibilities of a senior acquisition executive under this chapter to any other civilian official in the military department who is appointed by the President by and with the advice and consent of the Senate. (Added P.L. 101–510, $ 1202(a), Nov. 5, 1990, 104 Stat. 1656; amended P.L. 103–160, $ 904(d), Nov. 30, 1993, 107 Stat. 1728; P.L. 105–85, § 1073(a)(33), Nov. 18, 1997, 111 Stat. 1902; P.L. 107–107, $ 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.) [8 1764. Repealed. P.L. 107–107, $ 1048(e)(7)(A), Dec. 28, 2001,

115 Stat. 1227]

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