10 U.S.C. § 2194 — Education partnerships

Page 1730 TITLE 10—ARMED FORCES § 2194 1 See References in Text note below. ‘‘The Secretary may support the establishment and op- eration of any academy in excess of two academies in a State only if the Secretary has first authorized in writing the establishment of the academy and the costs of the establishment and operation of the academy are paid out of funds provided by sources other than the Department of Defense. Any such costs that are paid out of appropriated funds shall be considered as paid out of funds provided by such other sources if such sources fully reimburse the United States for the costs.’’ 2001—Subsec. (f). Pub. L. 107–107 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EXISTING STARBASE ACADEMIES Pub. L. 106–65, div. A, title V, § 580(b), Oct. 5, 1999, 113 Stat. 632, provided that: ‘‘While continuing in oper- ation, the academies existing on the date of the enact- ment of this Act [Oct. 5, 1999] under the Department of Defense STARBASE Program, as such program is in ef- fect on such date, shall be counted for the purpose of meeting the requirement under section 2193b(c)(1) of title 10, United States Code (as added by subsection (a)), relating to the minimum number of STARBASE academies.’’ § 2194. Education partnerships (a) The Secretary of Defense shall authorize the director of each defense laboratory to enter into one or more education partnership agree- ments with educational institutions in the United States for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education. The educational institu- tions referred to in the preceding sentence are local educational agency, colleges, universities, and any other nonprofit institutions that are dedicated to improving science, mathematics, business, law, technology transfer or transition and engineering education. (b) Under a partnership agreement entered into with an educational institution under this section, the director of a defense laboratory may provide, and is encouraged to provide, assistance to the educational institution by— (1) loaning defense laboratory equipment to the institution for any purpose and duration in support of such agreement that the director considers appropriate; (2) notwithstanding the provisions of sub- title I of title 40 and division C (except sec- tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or any provision of law or regulation relating to transfers of surplus property, transferring to the institution any computer equipment, or other scientific equip- ment, that is— (A) commonly used by educational institu- tions; (B) surplus to the needs of the defense lab- oratory; and (C) determined by the director to be appro- priate for support of such agreement; (3) making laboratory personnel available to teach science courses or to assist in the devel- opment of science courses and materials for the institution; (4) providing in the defense laboratory sab- batical opportunities for faculty and intern- ship opportunities for students; (5) involving faculty and students of the in- stitution in defense laboratory projects, in- cluding research and technology transfer or transition projects; (6) cooperating with the institution in devel- oping a program under which students may be given academic credit for work on defense lab- oratory projects, including research and tech- nology transfer or transition projects; (7) providing academic and career advice and assistance to students of the institution; and (8) entering into new and separate contracts or cooperative agreements with, or making grants to, the institution to provide financial assistance for activities conducted under such partnership agreement. (c) The Secretary of Defense shall ensure that the director of each defense laboratory shall give a priority under this section to entering into an education partnership agreement with one or more historically Black colleges and uni- versities and other minority institutions re- ferred to in paragraphs (3), (4), and (5) of section 312(b) 1 of the Higher Education Act of 1965 (20 U.S.C. 1058(b)). (d) The Secretary of Defense shall ensure that, in entering into education partnership agree- ments under this section, the director of a de- fense laboratory gives a priority to providing as- sistance to educational institutions serving women, members of minority groups, and other groups of individuals who traditionally are in- volved in the engineering and science profes- sions in disproportionately low numbers. (e) The Secretary of Defense may permit the director of a defense laboratory to enter into a cooperative agreement with an appropriate enti- ty to act as an intermediary and assist the di- rector in carrying out activities under this sec- tion. (f) In this section: (1) The term ‘‘defense laboratory’’ means any laboratory, product center, test center, depot, training and educational organization, or operational command under the jurisdic- tion of the Department of Defense. (2) The term ‘‘local educational agency’’ has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term ‘‘United States’’ includes the Commonwealth of Puerto Rico, the Common- wealth of the Northern Mariana Islands, and any other territory or possession of the United States. (Added Pub. L. 101–510, div. A, title II, § 247(a)(1), Nov. 5, 1990, 104 Stat. 1522; amended Pub. L. 103–382, title III, § 391(b)(4), Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104–106, div. A, title XV, § 1503(a)(19), Feb. 10, 1996, 110 Stat. 512; Pub. L. 106–398, § 1 [[div. A], title II, § 253], Oct. 30, 2000, 114 Stat. 1654, 1654A–49; Pub. L. 107–110, title X, § 1076(e), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 108–178, § 4(b)(1), Dec. 15, 2003, 117 Stat. 2640; Pub. L. 111–350, § 5(b)(3), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 111–383, div. A, title II, § 211(b), Jan. 7, 2011, 124 Stat. 4163; Pub. L. 112–239, div. A, title II, § 251, Jan. 2, 2013, 126 Stat. 1688; Pub. L. 114–92, div. A, title II, § 213, Nov. 25, 2015, 129 Stat. 767; Pub. L. 114–95, title IX, § 9215(uuu)(4), Dec. 10, Page 1731 TITLE 10—ARMED FORCES § 2195 2015, 129 Stat. 2190; Pub. L. 118–159, div. A, title II, § 213, Dec. 23, 2024, 138 Stat. 1824.) Editorial Notes REFERENCES IN TEXT Paragraphs (3), (4), and (5) of section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)), referred to in subsec. (c), were repealed by Pub. L. 102–325, title III, § 302(a)(3), July 23, 1992, 106 Stat. 472. Section 8101 of the Elementary and Secondary Edu- cation Act of 1965, referred to in subsec. (f)(2), is classi- fied to section 7801 of Title 20, Education. AMENDMENTS 2024—Subsec. (b)(8). Pub. L. 118–159 added par. (8). 2015—Subsec. (a). Pub. L. 114–92, § 213(1), inserted ‘‘business, law, technology transfer or transition’’ after ‘‘mathematics,’’. Subsec. (b)(4) to (7). Pub. L. 114–92, § 213(2), added par. (4), redesignated former pars. (4) to (6) as (5) to (7), re- spectively, and, in pars. (5) and (6), substituted ‘‘projects, including research and technology transfer or transition projects’’ for ‘‘research projects’’. Subsec. (f)(2). Pub. L. 114–95 substituted ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’ for ‘‘section 9101 of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 7801)’’. 2013—Subsec. (f)(2). Pub. L. 112–239, § 251(b), inserted ‘‘(20 U.S.C. 7801)’’ before period at end. Subsec. (f)(3). Pub. L. 112–239, § 251(a), added par. (3). 2011—Subsec. (b)(2). Pub. L. 111–350 substituted ‘‘divi- sion C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Fed- eral Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ in introductory provisions. Subsecs. (e), (f). Pub. L. 111–383 added subsec. (e) and redesignated former subsec. (e) as (f). 2003—Subsec. (b)(2). Pub. L. 108–178 inserted ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Federal’’ and substituted ‘‘(41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. 2002—Subsec. (e)(2). Pub. L. 107–110 substituted ‘‘sec- tion 9101 of the Elementary and Secondary Education Act of 1965’’ for ‘‘section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)’’. 2000—Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title II, § 253(a)(1)], inserted ‘‘, and is encouraged to provide,’’ after ‘‘may provide’’ in introductory provisions. Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title II, § 253(a)(2)], inserted before semicolon ‘‘for any purpose and duration in support of such agreement that the di- rector considers appropriate’’. Subsec. (b)(2). Pub. L. 106–398, § 1 [[div. A], title II, § 253(a)(3)], added par. (2) and struck out former par. (2) which read as follows: ‘‘transferring to the institution defense laboratory equipment determined by the direc- tor to be surplus;’’. Subsec. (e). Pub. L. 106–398, § 1 [[div. A], title II, § 253(b)], amended subsec. (e) generally. Prior to amend- ment, subsec. (e) read as follows: ‘‘In this section, the term ‘local educational agency’ has the meaning given such term in section 14101 of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 8801).’’ 1996—Subsec. (e). Pub. L. 104–106 substituted ‘‘(20 U.S.C. 8801)’’ for ‘‘(20 U.S.C. 2891(12))’’. 1994—Subsec. (a). Pub. L. 103–382, § 391(b)(4)(A), sub- stituted ‘‘educational agency’’ for ‘‘education agen- cies’’. Subsec. (e). Pub. L. 103–382, § 394(b)(4)(B)(iii), which di- rected amendment of subsec. (e) by striking out ‘‘(20 U.S.C. 1058(b)’’ could not be executed because ‘‘(20 U.S.C. 1058(b)’’ does not appear in subsec. (e). Pub. L. 103–382, § 391(b)(4)(B)(i), (ii), substituted ‘‘edu- cational agency’’ for ‘‘education agency’’ and ‘‘section 14101’’ for ‘‘section 1471(12)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. § 2195. Department of Defense cooperative edu- cation programs (a) The Secretary of Defense shall ensure that the director of each defense laboratory estab- lishes, in association with one or more public or private colleges or universities in the United States or one or more consortia of colleges or universities in the United States, cooperative work-education programs for undergraduate and graduate students. (b) Under a cooperative work-education pro- gram established under subsection (a), a director referred to in that subsection may, without re- gard to any applicable non-statutory limitation on the number of authorized personnel or on the aggregate amount of any personnel cost— (1) make an offer for participation in the co- operative work-education program directly to a student and appoint such student to an entry-level position of employment in the lab- oratory of such director; (2) pay such person a rate of basic pay, not to exceed the maximum rate of pay provided for grade GS–9 under the General Schedule under section 5332 of title 5, that is competi- tive with compensation levels provided for entry-level positions in similar industry-spon- sored cooperative work-education programs; (3) pay all travel expenses between the col- lege or university in which the student is en- rolled and the laboratory concerned for not more than six round trips per year; and (4) pay all or part of such fees, charges, and costs related to the participation of such stu- dent in the cooperative work-education pro- gram as tuition, matriculation fees, charges for library and laboratory services, materials, and supplies, and the purchase or rental price of books. (c) A director of a defense laboratory may— (1) require a student, as a condition for re- ceiving payments referred to in subsection (b)(4), to enter into a written agreement to continue employment in such defense labora- tory for a period of service specified in the agreement; or (2) make such payments without requiring such an agreement. (d)(1) The Director of the National Security Agency may provide a qualifying employee of a defense laboratory of that Agency with living quarters at no charge, or at a rate or charge pre- scribed by the Director by regulation, without regard to section 5911(c) of title 5.