
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: 10USC7049]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
          CHAPTER 605--UNITED STATES NAVAL POSTGRADUATE SCHOOL
 
Sec. 7049. Defense industry civilians: admission to defense 
        product development program
        
    (a) Authority for Admission.--The Secretary of the Navy may permit 
eligible defense industry employees to receive instruction at the Naval 
Postgraduate School in accordance with this section. Any such defense 
industry employee may only be enrolled in, and may only be provided 
instruction in, a program leading to a master's degree in a curriculum 
related to defense product development. No more than 10 such defense 
industry employees may be enrolled at any one time. Upon successful 
completion of the course of instruction in which enrolled, any such 
defense industry employee may be awarded an appropriate degree under 
section 7048 of this title.
    (b) Eligible Defense Industry Employees.--For purposes of this 
section, an eligible defense industry employee is an individual employed 
by a private firm that is engaged in providing to the Department of 
Defense significant and substantial defense-related systems, products, 
or services. A defense industry employee admitted for instruction at the 
school remains eligible for such instruction only so long as that person 
remains employed by the same firm.
    (c) Annual Certification by the Secretary of the Navy.--Defense 
industry employees may receive instruction at the school during any 
academic year only if, before the start of that academic year, the 
Secretary of the Navy determines, and certifies to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives, that providing instruction to defense industry 
employees under this section during that year--
        (1) will further the military mission of the school;
        (2) will enhance the ability of the Department of Defense and 
    defense-oriented private sector contractors engaged in the design 
    and development of defense systems to reduce the product and project 
    lead times required to bring such systems to initial operational 
    capability; and
        (3) will be done on a space-available basis and not require an 
    increase in the size of the faculty of the school, an increase in 
    the course offerings of the school, or an increase in the laboratory 
    facilities or other infrastructure of the school.

    (d) Program Requirements.--The Secretary of the Navy shall ensure 
that--
        (1) the curriculum for the defense product development program 
    in which defense industry employees may be enrolled under this 
    section is not readily available through other schools and 
    concentrates on defense product development functions that are 
    conducted by military organizations and defense contractors working 
    in close cooperation; and
        (2) the course offerings at the school continue to be determined 
    solely by the needs of the Department of Defense.

    (e) Tuition.--The Superintendent of the school shall charge tuition 
for students enrolled under this section at a rate not less than the 
rate charged for employees of the United States outside the Department 
of the Navy.
    (f) Standards of Conduct.--While receiving instruction at the 
school, students enrolled under this section, to the extent practicable, 
are subject to the same regulations governing academic performance, 
attendance, norms of behavior, and enrollment as apply to Government 
civilian employees receiving instruction at the school.
    (g) Use of Funds.--Amounts received by the school for instruction of 
students enrolled under this section shall be retained by the school to 
defray the costs of such instruction. The source, and the disposition, 
of such funds shall be specifically identified in records of the school.

(Added Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 535(a)(1)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-112.)


                      Program Evaluation and Report

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 535(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-113, provided that:
    ``(1) Before the start of the fourth year of instruction, but no 
earlier than the start of the third year of instruction, of defense 
industry employees at the Naval Postgraduate School under section 7049 
of title 10, United States Code, as added by subsection (a), the 
Secretary of the Navy shall conduct an evaluation of the admission of 
such students under that section. The evaluation shall include the 
following:
        ``(A) An assessment of whether the authority for instruction of 
    nongovernment civilians at the school has resulted in a discernible 
    benefit for the Government.
        ``(B) Determination of whether the receipt and disposition of 
    funds received by the school as tuition for instruction of such 
    civilians at the school have been properly identified in records of 
    the school.
        ``(C) A summary of the disposition and uses made of those funds.
        ``(D) An assessment of whether instruction of such civilians at 
    the school is in the best interests of the Government.
    ``(2) Not later than 30 days after completing the evaluation 
referred to in paragraph (1), the Secretary of the Navy shall submit to 
the Secretary of Defense a report on the program under such section. The 
report shall include--
        ``(A) the results of the evaluation under paragraph (1);
        ``(B) the Secretary's conclusions and recommendation with 
    respect to continuing to allow nongovernment civilians to receive 
    instruction at the Naval Postgraduate School as part of a program 
    related to defense product development; and
        ``(C) any proposals for legislative changes recommended by the 
    Secretary.
    ``(3) Not later than 60 days after receiving the report of the 
Secretary of the Navy under paragraph (2), the Secretary of Defense 
shall submit the report, together with any comments that the Secretary 
considers appropriate, to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives.''
