5 U.S.C. § 9809 — Science and technology scholarship pro-

Page 1305 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 9809 (B) requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; (2) may be exercised only to the extent nec- essary to recruit or retain an individual excep- tionally well qualified for the position; and (3) may be exercised only in retaining em- ployees of the Administration or in appointing individuals who were not employees of another Federal agency as defined under section 5102(a)(1). (c)(1) Notwithstanding section 5377, the Ad- ministrator may fix the rate of basic pay for a position in the Administration in accordance with this section. The Administrator may not delegate this authority. (2) The number of positions with pay fixed under this section may not exceed 10 at any time. (d)(1) The rate of basic pay fixed under this section may not be less than the rate of basic pay (including any comparability payments) which would otherwise be payable for the posi- tion involved if this section had never been en- acted. (2) The annual rate of basic pay fixed under this section may not exceed the per annum rate of salary payable under section 104 of title 3. (3) Notwithstanding any provision of section 5307, in the case of an employee who, during any calendar year, is receiving pay at a rate fixed under this section, no allowance, differential, bonus, award, or similar cash payment may be paid to such employee if, or to the extent that, when added to basic pay paid or payable to such employee (for service performed in such cal- endar year as an employee in the executive branch or as an employee outside the executive branch to whom chapter 51 applies), such pay- ment would cause the total to exceed the per annum rate of salary which, as of the end of such calendar year, is payable under section 104 of title 3. (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 467.) § 9808. Assignments of intergovernmental per- sonnel For purposes of applying the third sentence of section 3372(a) (relating to the authority of the head of a Federal agency to extend the period of an employee’s assignment to or from a State or local government, institution of higher edu- cation, or other organization), the Adminis- trator may, with the concurrence of the em- ployee and the government or organization con- cerned, take any action which would be allow- able if such sentence had been amended by strik- ing ‘‘two’’ and inserting ‘‘four’’. (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 468.) § 9809. Science and technology scholarship pro- gram (a)(1) The Administrator shall establish a Na- tional Aeronautics and Space Administration Science and Technology Scholarship Program to award scholarships to individuals that is de- signed to recruit and prepare students for ca- reers in the Administration. (2) Individuals shall be selected to receive scholarships under this section through a com- petitive process primarily on the basis of aca- demic merit, with consideration given to finan- cial need and the goal of promoting the partici- pation of individuals identified in section 33 or 34 of the Science and Engineering Equal Oppor- tunities Act (42 U.S.C. 1885a or 1885b). (3) To carry out the Program the Adminis- trator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Administration, for the period described in subsection (f)(1), in posi- tions needed by the Administration and for which the individuals are qualified, in exchange for receiving a scholarship. (b) In order to be eligible to participate in the Program, an individual must— (1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education in an academic field or discipline described in the list made available under sub- section (d); (2) be a United States citizen or permanent resident; and (3) at the time of the initial scholarship award, not be an employee (as defined in sec- tion 2105). (c) An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require to carry out this section. (d) The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under the Pro- gram may be utilized and shall update the list as necessary. (e)(1) The Administrator may provide a schol- arship under the Program for an academic year if the individual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a pro- posed academic program leading to a degree in a program or field of study on the list made avail- able under subsection (d). (2) An individual may not receive a scholar- ship under this section for more than 4 academic years, unless the Administrator grants a waiver. (3) The dollar amount of a scholarship under this section for an academic year shall be deter- mined under regulations issued by the Adminis- trator, but shall in no case exceed the cost of at- tendance. (4) A scholarship provided under this section may be expended for tuition, fees, and other au- thorized expenses as established by the Adminis- trator by regulation. (5) The Administrator may enter into a con- tractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided. (f)(1) The period of service for which an indi- vidual shall be obligated to serve as an employee of the Administration is, except as provided in subsection (h)(2), 24 months for each academic Page 1306 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 9810 year for which a scholarship under this section is provided. (2)(A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual ob- tains the educational degree for which the schol- arship was provided. (B) The Administrator may defer the obliga- tion of an individual to provide a period of serv- ice under paragraph (1) if the Administrator de- termines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation. (g)(1) Scholarship recipients who fail to main- tain a high level of academic standing, as de- fined by the Administrator by regulation, who are dismissed from their educational institu- tions for disciplinary reasons, or who volun- tarily terminate academic training before grad- uation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agree- ment, shall be liable to the United States for re- payment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in sub- section (h)(2). The repayment period may be ex- tended by the Administrator when determined to be necessary, as established by regulation. (2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the Administrator pur- suant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to— (A) the total amount of scholarships re- ceived by such individual under this section; plus (B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal pre- vailing rate, as determined by the Treasurer of the United States. (h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be can- celed upon the death of the individual. (2) The Administrator shall by regulation pro- vide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a con- tractual agreement thereunder) whenever com- pliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best in- terests of the Government. (i) For purposes of this section— (1) the term ‘‘cost of attendance’’ has the meaning given that term in section 472 of the Higher Education Act of 1965; (2) the term ‘‘institution of higher edu- cation’’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965; and (3) the term ‘‘Program’’ means the National Aeronautics and Space Administration Science and Technology Scholarship Program established under this section. (j)(1) There is authorized to be appropriated to the Administration for the Program $10,000,000 for each fiscal year. (2) Amounts appropriated under this section shall remain available for 2 fiscal years. (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 468; amended Pub. L. 109–155, title VII, § 703(a), Dec. 30, 2005, 119 Stat. 2936.) Editorial Notes REFERENCES IN TEXT Sections 101(a) and 472 of the Higher Education Act of 1965, referred to in subsec. (i), are classified to sections 1001(a) and 1087ll, respectively, of Title 20, Education. AMENDMENTS 2005—Subsec. (a)(2). Pub. L. 109–155, § 703(a)(1), sub- stituted ‘‘Act (42 U.S.C. 1885a or 1885b).’’ for ‘‘Act.’’ Subsec. (c). Pub. L. 109–155, § 703(a)(2), substituted ‘‘require to carry out this section.’’ for ‘‘require.’’ Subsec. (f)(1). Pub. L. 109–155, § 703(a)(3), struck out at end ‘‘Under no circumstances shall the total period of obligated service be more than 4 years.’’ Subsec. (g)(2). Pub. L. 109–155, § 703(a)(4), substituted a period for a comma at end of subpar. (B) and struck out concluding provisions which read: ‘‘multiplied by 3.’’ § 9810. Distinguished scholar appointment au- thority (a) In this section— (1) the term ‘‘professional position’’ means a position that is classified to an occupational series identified by the Office of Personnel Management as a position that— (A) requires education and training in the principles, concepts, and theories of the oc- cupation that typically can be gained only through completion of a specified cur- riculum at a recognized college or univer- sity; and (B) is covered by the Group Coverage Qual- ification Standard for Professional and Sci- entific Positions; and (2) the term ‘‘research position’’ means a po- sition in a professional series that primarily involves scientific inquiry or investigation, or research-type exploratory development of a creative or scientific nature, where the knowl- edge required to perform the work successfully is acquired typically and primarily through graduate study. (b) The Administration may appoint, without regard to the provisions of section 3304(h) and sections 3309 through 3318, but subject to sub- section (c), candidates directly to General Schedule professional, competitive service posi- tions in the Administration for which public no- tice has been given (in accordance with regula- tions of the Office of Personnel Management), if— (1) with respect to a position at the GS–7 level, the individual— (A) received, within 2 years before the ef- fective date of the appointment, from an ac-