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10 U.S.C. § 4093 — Science, Mathematics, and Research for Transformation (SMART) Defense Education Program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Program.—** The Secretary of Defense shall carry out a program to provide financial assistance for education in science, mathematics, engineering, and technology skills and disciplines that, as determined by the Secretary, are critical to the national security functions of the Department of Defense and are needed in the Department of Defense workforce.
**(b) Financial Assistance.—**
(1) Under the program under this section, the Secretary of Defense may award a scholarship or fellowship in accordance with this section to a person who—
(A) is a citizen of the United States or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995;
(B) is pursuing an associates degree, undergraduate degree, or advanced degree in a critical skill or discipline described in subsection (a) at an accredited institution of higher education; and
(C) enters into a service agreement with the Secretary of Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a scholarship or fellowship awarded to a person under this subsection shall be an amount determined by the Secretary of Defense.
(3) Financial assistance provided under a scholarship or fellowship awarded under this section may be paid directly to the recipient of such scholarship or fellowship or to an administering entity for disbursement of the funds.
**(c) Service Agreement for Recipients of Financial Assistance.—**
(1) To receive financial assistance under this section—
(A) in the case of an employee of the Department of Defense, the employee shall enter into a written agreement to continue in the employment of the department for the period of oblig
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Source location: Title 10, Chapter 303, § 4093; chapter-303-research-and-engineering-activities.md
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**(a) Requirement for Program.—** The Secretary of Defense shall carry out a program to provide financial assistance for education in science, mathematics, engineering, and technology skills and disciplines that, as determined by the Secretary, are critical to the national security functions of the Department of Defense and are needed in the Department of Defense workforce.
**(b) Financial Assistance.—**
(1) Under the program under this section, the Secretary of Defense may award a scholarship or fellowship in accordance with this section to a person who—
(A) is a citizen of the United States or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995;
(B) is pursuing an associates degree, undergraduate degree, or advanced degree in a critical skill or discipline described in subsection (a) at an accredited institution of higher education; and
(C) enters into a service agreement with the Secretary of Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a scholarship or fellowship awarded to a person under this subsection shall be an amount determined by the Secretary of Defense.
(3) Financial assistance provided under a scholarship or fellowship awarded under this section may be paid directly to the recipient of such scholarship or fellowship or to an administering entity for disbursement of the funds.
**(c) Service Agreement for Recipients of Financial Assistance.—**
(1) To receive financial assistance under this section—
(A) in the case of an employee of the Department of Defense, the employee shall enter into a written agreement to continue in the employment of the department for the period of obligated service determined under paragraph (2); and
(B) in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment for the period of obligated service determined under paragraph (2)—
(i) with the Department, including by serving on active duty in the Armed Forces; or
(ii) with a public or private entity or organization outside of the Department if the Secretary—
(I) is unable to find an appropriate position for the person within the Department; and
(II) determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department.
(2) For the purposes of this subsection, the period of obligated service for a recipient of financial assistance under this section shall be the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for such financial assistance. The period of service required of a recipient may not be less than the total period of pursuit of a degree that is covered by such financial assistance. The period of obligated service is in addition to any other period for which the recipient is obligated to serve in the civil service of the United States.
(3) An agreement entered into under this subsection by a person pursuing an academic degree shall include any terms and conditions that the Secretary of Defense determines necessary to protect the interests of the United States or otherwise appropriate for carrying out this section.
**(d) Employment of Program Participants.—** The Secretary of Defense—
(1) may, without regard to any provision of title 5 governing appointment of employees to competitive service positions within the Department of Defense, appoint to a position in the Department of Defense in the excepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment, owes a service commitment to the Department;
(2) may, upon satisfactory completion of 2 years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appointment; and
(3) may establish arrangements so that participants may participate in a paid internship for an appropriate period with an industry sponsor.
**(e) Refund for Period of Unserved Obligated Service.—**
(1)
(A) A participant in the program under this section who is not an employee of the Department of Defense and who voluntarily fails to complete the educational program for which financial assistance has been provided under this section, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, shall refund to the United States an appropriate amount, as determined by the Secretary.
(B) A participant in the program under this section who is an employee of the Department of Defense and who—
(i) voluntarily fails to complete the educational program for which financial assistance has been provided, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or
(ii) before completion of the period of obligated service required of such participant—
(I) voluntarily terminates such participant’s employment with the Department; or
(II) is removed from such participant’s employment with the Department on the basis of misconduct,
shall refund the United States an appropriate amount, as determined by the Secretary.
(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part, a refund required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under this subsection.
**(f) Relationship to Other Programs.—**
(1) The Secretary of Defense shall coordinate the provision of financial assistance under the authority of this section with the provision of financial assistance under the other authorities provided in this chapter in order to maximize the benefits derived by the Department of Defense from the exercise of all such authorities.
(2) The Secretary of Defense shall seek to enter into partnerships with minority institutions of higher education and appropriate public and private sector organizations to diversify the participants in the program under subsection (a).
(3) In coordination with the efforts under paragraph (2), the Secretary of Defense shall additionally establish a program, which shall be known as the “Ronald V. Dellums Memorial Fellowship in STEM”, to provide financial assistance under this section to at least 30 students from communities that are underrepresented in the Department of Defense STEM workforce, not fewer of 50 percent of whom shall attend historically Black colleges and universities and minority-serving institutions. As part of such program, the Secretary shall establish an internship program that provides each student who is awarded a fellowship under this paragraph with an internship in an organization or element of the Department of Defense, and to the extent practicable, each such student shall be paired with a mid-level or a senior-level official of the relevant organization or element of the Department of Defense who shall serve as a mentor during the internship.
**(g) Limitation on Participation.—**
(1) The Secretary may not award scholarships or fellowships under this section to more than five individuals described in paragraph (2) per year.
(2) An individual described in this paragraph is an individual who—
(A) has not previously been awarded a scholarship or fellowship under the program under this section;
(B) is not a citizen of the United States; and
(C) is a citizen of a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995.
**(h) Institution of Higher Education Defined.—** In this section, the term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 ([20 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Agency.—** — The term “agency” means an Executive agency.
(2) **Director.—** — The term “Director” means the Director of the Office.
(3) **Examination.—** — The term “examination” means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies.
(4) **Examining agency.—** — The term “examining agency” means—
(A) the Office; or
(B) an agency to which the Director has delegated examining authority under section 1104(a)(2).
(5) **Office.—** — The term “Office” means the Office of Personnel Management.
(6) **Passing score.—** — The term “passing score” means a minimum acceptable score or rating, consistent with applicable law, that may include a quantitative or qualitative assessment that an applicant can pass or fail.
(7) **Relevant committees.—** — The term “relevant committees” means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Accountability of the House of Representatives.
(8) **Subject matter expert.—** — The term “subject matter expert” means an employee or selecting official—
(A) who possesses an understanding of the duties of, and knowledge, skills, and abilities required for, the position for which the employee or selecting official is developing or administering an examination; and
(B) whom the delegated examining unit of the examining agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments.
(9) **Technical assessment.—** — The term “technical assessment” means a position-specific tool that is relevant to the position for which the tool is developed that—
(A) allows for the demonstration of job-relate
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense, in consultation with the Secretary of Education, shall, on a continuing basis—
(1) identify actions which the Department of Defense may take to improve education in the scientific, mathematics, and engineering skills necessary to meet the long-term national defense needs of the United States for personnel proficient in such skills; and
(2) establish and conduct programs to carry out such actions.
**(b)**
(1) In furtherance of the authority of the Secretary of Defense under any provision of this chapter or any other provision of law to support educational programs in science, mathematics, engineering, and technology, the Secretary of Defense may, unless otherwise specified in such provision—
(A) enter into contracts and cooperative agreements with eligible entities;
(B) make grants of financial assistance to eligible entities;
(C) provide cash awards and other items to eligible entities;
(D) accept voluntary services from eligible entities; and
(E) support national competition judging, other educational event activities, and associated award ceremonies in connection with these educational programs.
(2) The Secretary of Defense may carry out the authority in paragraph (1) through the Secretaries of the military departments.
(3) In this subsection:
(A) The term “eligible entity” includes a department or agency of the Federal Government, a State, a political subdivision of a State, an individual, and a not-for-profit or other organization in the private sector.
(B) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or posses
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Federal law — U.S. Code and appendices · legal_authorities
Page 2655
TITLE 10—ARMED FORCES
§ 4093
Strategic Capabilities Office, or the Defense Innovation
Unit Experimental’’ for ‘‘or the Office of Operational
Test and Evaluation’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and
note below.
Amendment by section 1843(a) of Pub. L. 116–283 effec-
tive Jan. 1, 2022, with additional provisions for delayed
implementation and applicability of existing law, see
section 1801(d) of Pub. L. 116–283, set out as a note pre-
ceding section 3001 of this title.
PROGRAM
TO
DEVELOP
ACCESSES,
DISCOVER
VULNERABILITIES, AND ENGINEER CYBER TOOLS
AND
DEVELOP TACTICS, TECHNIQUES, AND PROCEDURES FOR
OFFENSIVE CYBER OPERATIONS
Pub. L. 116–283, div. A, title XVII, § 1708(b), Jan. 1,
2021, 134 Stat. 4085, provided that:
‘‘(1) IN GENERAL.—Pursuant to the authority provided
under section 1599h(a)(8) of title 10, United States Code,
as added by subsection (a), [now 10 U.S.C. 4092(a)(9)] the
Commander of United States Cyber Command shall es-
tablish a program or augment an existing program
within the Command to develop accesses, discover
vulnerabilities, and engineer cyber tools and develop
tactics, techniques, and procedures for the use of these
assets and capabilities in offensive cyber operations.
‘‘(2) ELEMENTS.—The program or augmented program
required by paragraph (1) shall—
‘‘(A) develop accesses, discover vulnerabilities, and
engineer cyber tools and develop tactics, techniques,
and procedures fit for Department of Defense mili-
tary operations in cyberspace, such as reliability,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4093
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 185
TITLE 20—EDUCATION
§ 1001
PART A—DEFINITIONS
§ 1001. General definition of institution of higher
education
(a) Institution of higher education
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ means an educational institution in any
State that—
(1) admits as regular students only persons
having a certificate of graduation from a
school providing secondary education, or the
recognized equivalent of such a certificate, or
persons who meet the requirements of section
1091(d) of this title;
(2) is legally authorized within such State to
provide a program of education beyond sec-
ondary education;
(3) provides an educational program for
which the institution awards a bachelor’s de-
gree or provides not less than a 2-year pro-
gram that is acceptable for full credit toward
such a degree, or awards a degree that is ac-
ceptable for admission to a graduate or profes-
sional degree program, subject to review and
approval by the Secretary;
(4) is a public or other nonprofit institution;
and
(5) is accredited by a nationally recognized
accrediting agency or association, or if not so
accredited, is an institution that has been
granted preaccreditation status by such an
agency or association that has been recognized
by
the
Secretary
for
the
granting
of
preaccreditation status, and the Secretary has
determined that there is satisfactory assur-
ance that the institution will meet the accred-
itation standards of such an agency or associa-
tion within a reasonable time.
(b) Additional institutions included
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ also includes—
(1) any school that provides not less than a
1-year program of tr
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1001
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