50 U.S.C. § 3614 — Louis Stokes Educational Scholarship

Page 934 TITLE 50—WAR AND NATIONAL DEFENSE § 3612 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3612. Availability of appropriations Funds appropriated to an entity of the Federal Government other than an element of the De- partment of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years. (Pub. L. 86–36, § 14, as added Pub. L. 97–89, title VI, § 603, Dec. 4, 1981, 95 Stat. 1158.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3613. Misuse of Agency name, initials, or seal (a) No person may, except with the written permission of the Director of the National Secu- rity Agency, knowingly use the words ‘‘National Security Agency’’, the initials ‘‘NSA’’, the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, imper- sonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency. (b) Whenever it appears to the Attorney Gen- eral that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by sub- section (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hear- ing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent in- jury to the United States or to any person or class of persons for whose protection the action is brought. (Pub. L. 86–36, § 15, as added Pub. L. 97–89, title VI, § 603, Dec. 4, 1981, 95 Stat. 1158.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3614. Louis Stokes Educational Scholarship Program (a) Establishment The purpose of this section is to establish an undergraduate and graduate training program, which may lead to a baccalaureate or graduate degree, to facilitate the recruitment of individ- uals, particularly minority high school stu- dents, with a demonstrated capability to de- velop skills critical to the mission of the Na- tional Security Agency, including mathematics, computer science, engineering, and foreign lan- guages. (b) Assignment for training The Secretary of Defense is authorized, in his discretion, to assign civilians who may or may not be employees of the National Security Agen- cy as students at accredited professional, tech- nical, and other institutions of higher learning for training at the undergraduate or graduate level in skills critical to effective performance of the mission of the Agency. (c) Payment of expenses The National Security Agency may pay, di- rectly or by reimbursement to program partici- pants, expenses incident to assignments under subsection (b), in any fiscal year only to the ex- tent that appropriated funds are available for such purpose. (d) Eligibility (1) To be eligible for assignment under sub- section (b), a program participant must agree in writing— (A) to continue in the service of the Agency for the period of the assignment and to com- plete the educational course of training for which the program participant is assigned; (B) to continue in the service of the Agency following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof; (C) to reimburse the United States for the total cost of education (excluding the program participant’s pay and allowances) provided under this section to the program participant if, prior to the program participant’s com- pleting the educational course of training for which the program participant is assigned, the assignment or the program participant’s em- ployment with the Agency is terminated— (i) by the Agency due to misconduct by the program participant; (ii) by the program participant volun- tarily; or (iii) by the Agency for the failure of the program participant to maintain such level of academic standing in the educational course of training as the Director of the Na- tional Security Agency shall have specified in the agreement of the program participant under this subsection; and (D) to reimburse the United States if, after completing the educational course of training Page 935 TITLE 50—WAR AND NATIONAL DEFENSE § 3615 for which the program participant is assigned, the program participant’s employment with the Agency is terminated either by the Agency due to misconduct by the program participant or by the program participant voluntarily, prior to the program participant’s completion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the program participant’s pay and allowances) provided to the program partici- pant as the unserved portion of the service ob- ligation period described in subparagraph (B) bears to the total period of the service obliga- tion described in subparagraph (B). (2) Subject to paragraph (3), the obligation to reimburse the United States under an agree- ment described in paragraph (1), including inter- est due on such obligation, is for all purposes a debt owing the United States. (3)(A) A discharge in bankruptcy under title 11 shall not release a person from an obligation to reimburse the United States required under an agreement described in paragraph (1) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the com- bined period of service obligation described in subparagraphs (A) and (B) of paragraph (1). (B) The Secretary of Defense may release a person, in whole or in part, from the obligation to reimburse the United States under an agree- ment described in paragraph (1) when, in his dis- cretion, the Secretary determines that equity or the interests of the United States so require. (C) The Secretary of Defense shall permit a program participant assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the program participant’s em- ployment with the Agency, to satisfy his obliga- tion under an agreement described in paragraph (1) to reimburse the United States by reimburse- ment according to a schedule of monthly pay- ments which results in completion of reimburse- ment by a date five years after the date of ter- mination of the assignment or employment or earlier at the option of the program participant. (e) Recruitment of individuals Agency efforts to recruit individuals at edu- cational institutions for participation in the un- dergraduate and graduate training program es- tablished by this section shall be made openly and according to the common practices of uni- versities and employers recruiting at such insti- tutions. (f) Applicability of other laws Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31 shall not apply with re- spect to this section. (g) Regulations The Secretary of Defense may issue such regu- lations as may be necessary to implement this section. (h) Program name The undergraduate and graduate training pro- gram established under this section shall be known as the Louis Stokes Educational Scholar- ship Program. (Pub. L. 86–36, § 16, as added Pub. L. 99–569, title V, § 505, Oct. 27, 1986, 100 Stat. 3200; amended Pub. L. 111–259, title III, § 312(a)–(d), Oct. 7, 2010, 124 Stat. 2663, 2664; Pub. L. 118–31, div. G, title IX, § 7901(i), Dec. 22, 2023, 137 Stat. 1107; Pub. L. 118–159, div. F, title LXIX, § 6902(b), Dec. 23, 2024, 138 Stat. 2517.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. AMENDMENTS 2024—Subsec. (d)(3)(C). Pub. L. 118–159 substituted ‘‘a program participant’’ for ‘‘an program participant’’. 2023—Subsec. (d)(1). Pub. L. 118–31 substituted ‘‘pro- gram participant must’’ for ‘‘program participant, must’’. 2010—Subsec. (a). Pub. L. 111–259, § 312(a)(1), inserted ‘‘and graduate’’ after ‘‘undergraduate’’ and substituted ‘‘a baccalaureate or graduate’’ for ‘‘the baccalaureate’’. Subsec. (b). Pub. L. 111–259, § 312(b)(1), substituted ‘‘ci- vilians who may or may not be employees’’ for ‘‘civil- ian employees’’. Pub. L. 111–259, § 312(a)(2), inserted ‘‘or graduate’’ after ‘‘undergraduate’’. Subsec. (c). Pub. L. 111–259, § 312(b)(2)(A), substituted ‘‘program participants’’ for ‘‘employees’’. Subsec. (d)(1). Pub. L. 111–259, § 312(b)(2)(B)(i)(I), which directed substitution of ‘‘a program partici- pant,’’ for ‘‘an employee of the Agency,’’ in introduc- tory provisions, was executed by making the substi- tution for ‘‘an employee of the Agency’’ in introduc- tory provisions, to reflect the probable intent of Con- gress. Subsec. (d)(1)(A). Pub. L. 111–259, § 312(b)(2)(B)(i)(II), substituted ‘‘program participant’’ for ‘‘employee’’. Subsec. (d)(1)(C). Pub. L. 111–259, § 312(c), substituted ‘‘terminated—’’ and cls. (i) to (iii) for ‘‘terminated ei- ther by the Agency due to misconduct by the employee or by the employee voluntarily; and’’. Pub. L. 111–259, § 312(b)(2)(B)(i)(III), substituted ‘‘pro- gram participant’’ for ‘‘employee’’ and ‘‘program par- ticipant’s’’ for ‘‘employee’s’’ wherever appearing. Subsec. (d)(1)(D). Pub. L. 111–259, § 312(b)(2)(B)(i)(IV), substituted ‘‘program participant’’ for ‘‘employee’’ and ‘‘program participant’s’’ for ‘‘employee’s’’ wherever ap- pearing. Subsec. (d)(3)(C). Pub. L. 111–259, § 312(b)(2)(B)(ii), sub- stituted ‘‘program participant’’ for ‘‘employee’’ in two places and ‘‘program participant’s’’ for ‘‘employee’s’’. Subsec. (e). Pub. L. 111–259, § 312(d), struck out par. (2) designation before ‘‘Agency efforts’’ and struck out par. (1) which read as follows: ‘‘When an employee is as- signed under this section to an institution, the Agency shall disclose to the institution to which the employee is assigned that the Agency employs the employee and that the Agency funds the employee’s education.’’ Subsec. (e)(2). Pub. L. 111–259, § 312(a)(3), inserted ‘‘and graduate’’ after ‘‘undergraduate’’. Subsec. (h). Pub. L. 111–259, § 312(a)(4), added subsec. (h). § 3615. Repealed. Pub. L. 103–359, title VIII, § 806(b)(2), Oct. 14, 1994, 108 Stat. 3442 Section, Pub. L. 86–36, § 17, as added Pub. L. 102–88, title V, § 503, Aug. 14, 1991, 105 Stat. 436, related to post- employment assistance for certain National Security Agency employees. Section was formerly classified in a note under sec- tion 402 of this title and repealed prior to editorial re- classification as this section. Another section 17 of Pub. L. 86–36 was renumbered section 18 and is classified to section 3616 of this title.