
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1744]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
                  SUBCHAPTER IV--EDUCATION AND TRAINING
 
Sec. 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 prescribes.

    (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 Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1652; amended Pub. L. 102-484, div. A, title VIII, 
Sec. 812(f), Oct. 23, 1992, 106 Stat. 2451.)


                               Amendments

    1992--Subsec. (c)(2). Pub. L. 102-484, Sec. 812(f)(1), inserted 
``and'' before ``(C)'' and substituted ``Secretary).'' for ``Secretary), 
and (D) after completion of the course of education, to serve as a full-
time employee in an acquisition position in the Department of Defense 
for a period of time of one calendar year for each school year or part 
thereof for which the participant was provided a scholarship under the 
scholarship program.''
    Subsec. (c)(3). Pub. L. 102-484, Sec. 812(f)(2), added par. (3).
    Subsecs. (e), (f). Pub. L. 102-484, Sec. 812(f)(3), added subsecs. 
(e) and (f).

                  Section Referred to in Other Sections

    This section is referred to in section 1762 of this title.
