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10 U.S.C. § 2191 — Graduate fellowships

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2191 — Graduate fellowships

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Page 1725 TITLE 10—ARMED FORCES § 2192 to the congressional defense committees notice of such determination, together with a justification for such determination. Such justification shall in- clude— ‘‘(A) how the Secretary intends to coordinate and harmonize covered academic engagement programs; and ‘‘(B) measures to determine effectiveness of cov- ered academic engagement programs absent a des- ignated central program office responsible for over- seeing covered academic programs across the De- partment. ‘‘(d) REPORT.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) [133 Stat. 1758] and section 1726(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [134 Stat. 4116]. ‘‘(e) DISCHARGE THROUGH DIRECTOR.—In carrying out this section, the Secretary of Defense shall act through the Director of the office established under section 2192c of title 10, United States Code. ‘‘(f) DEFINITION.—In this section, the term ‘covered academic engagement program’ means each of the fol- lowing: ‘‘(1) Primary, secondary, or post-secondary edu- cation programs with a cyber focus. ‘‘(2) Recruitment or retention programs for Depart- ment of Defense cyberspace personnel, including scholarship programs. ‘‘(3) Academic partnerships focused on establishing cyber talent. ‘‘(4) Cyber enrichment programs.’’ ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECH- NOLOGY, ENGINEERING, AND MATHEMATICS (STEM) PROGRAMS Pub. L. 116–283, div. A, title II, § 245(a)–(d), Jan. 1, 2021, 134 Stat. 3489, 3490, provided that: ‘‘(a) IN GENERAL.—The Under Secretary of Defense for Research and Engineering, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop programs and incentives to ensure that Department of Defense contractors take appropriate steps to— ‘‘(1) enhance undergraduate, graduate, and doctoral programs in science, technology, engineering, and mathematics (in this section referred to as ‘STEM’); ‘‘(2) make investments, such as programming and curriculum development, in STEM programs within elementary schools and secondary schools; ‘‘(3) encourage employees to volunteer in elemen- tary schools and secondary schools, including schools that the Secretary of Defense determines serve high numbers or percentages of students from low-income families or that serve significant populations of mili- tary dependents, in order to enhance STEM education and programs; ‘‘(4) establish partnerships with appropriate enti- ties, including institutions of higher education for the purpose of training students in technical dis- ciplines; ‘‘(5) make personnel available to advise and assist in STEM educational activities aligned with func- tions of the Department of Defense; ‘‘(6) award scholarships and fellowships, and estab- lish work-based learning programs in scientific dis- ciplines; ‘‘(7) conduct recruitment activities to enhance the diversity of the STEM workforce; or ‘‘(8) make internships available to students of sec- ondary schools, undergraduate, graduate, and doc- toral programs in STEM disciplines. ‘‘(b) AWARD PROGRAM.—The Secretary of Defense shall establish procedures to recognize defense industry contractors that demonstrate excellence in supporting STEM education, partnerships, programming, and other activities to enhance participation in STEM fields. ‘‘(c) IMPLEMENTATION.—Not later than 270 days after the date of the enactment of this Act [Jan. 1, 2021], the Under Secretary of Defense for Research and Engineer- ing shall submit to the congressional defense commit- tees [Committees on Armed Services and Appropria- tions of the Senate and House of Representatives] a re- port on the steps taken to implement the requirements of this section. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The terms ‘elementary school’ and ‘secondary school’ have the meanings given those terms in sec- tion 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ‘‘(2) 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).’’ Pub. L. 112–81, div. A, title VIII, § 862, Dec. 31, 2011, 125 Stat. 1521, which related to the encouragement of con- tractor science, technology, engineering, and math (STEM) programs, was repealed by Pub. L. 116–283, div. A, title II, § 245(e), Jan. 1, 2021, 134 Stat. 3490. § 2191. Graduate fellowships (a) The Secretary of Defense shall prescribe regulations providing for the award of fellow- ships to citizens and nationals of the United States who agree to pursue graduate degrees in science, engineering, or other fields of study des- ignated by the Secretary to be of priority inter- est to the Department of Defense. (b) A fellowship awarded pursuant to regula- tions prescribed under subsection (a) shall be known as a ‘‘National Defense Science and Engi- neering Graduate Fellowship’’. (c) National Defense Science and Engineering Graduate Fellowships shall be awarded solely on the basis of academic ability. The Secretary shall take all appropriate actions to encourage applications for such fellowships of persons who are members of groups (including minority groups, women, and disabled persons) which his- torically have been underrepresented in science and technology fields. Recipients shall be se- lected on the basis of a nationwide competition. The award of a fellowship under this section may not be predicated on the geographic region in which the recipient lives or the geographic re- gion in which the recipient will pursue an ad- vanced degree. (d) The regulations prescribed under this sec- tion shall include— (1) the criteria for award of fellowships; (2) the procedures for selecting recipients; (3) the basis for determining the amount of a fellowship; and (4) the maximum amount that may be awarded to an individual during an academic year. (Added Pub. L. 101–189, div. A, title VIII, § 843(d)(1), Nov. 29, 1989, 103 Stat. 1516.) § 2192. Improvement of education in technical fields: general authority regarding education in science, mathematics, and engineering (a) The Secretary of Defense, in consultation with the Secretary of Education, shall, on a con- tinuing basis— (1) identify actions which the Department of Defense may take to improve education in the scientific, mathematics, and engineering

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2191 — Graduate fellowships

**(a)** The Secretary of Defense shall prescribe regulations providing for the award of fellowships to citizens and nationals of the United States who agree to pursue graduate degrees in science, engineering, or other fields of study designated by the Secretary to be of priority interest to the Department of Defense. **(b)** A fellowship awarded pursuant to regulations prescribed under subsection (a) shall be known as a “National Defense Science and Engineering Graduate Fellowship”. **(c)** National Defense Science and Engineering Graduate Fellowships shall be awarded solely on the basis of academic ability. The Secretary shall take all appropriate actions to encourage applications for such fellowships of persons who are members of groups (including minority groups, women, and disabled persons) which historically have been underrepresented in science and technology fields. Recipients shall be selected on the basis of a nationwide competition. The award of a fellowship under this section may not be predicated on the geographic region in which the recipient lives or the geographic region in which the recipient will pursue an advanced degree. **(d)** The regulations prescribed under this section shall include— (1) the criteria for award of fellowships; (2) the procedures for selecting recipients; (3) the basis for determining the amount of a fellowship; and (4) the maximum amount that may be awarded to an individual during an academic year.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(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

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher

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

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Page 1615 TITLE 20—EDUCATION § 7801 under this subchapter for fiscal year 2002, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title. SUBCHAPTER VIII—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 114–95, title VIII, § 8001(a), Dec. 10, 2015, 129 Stat. 2088, redesignated subchapter IX (§ 7801 et seq.) of this chapter as this subchapter. Title VIII of the Elementary and Secondary Edu- cation Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, redesig- nated, and amended by other public laws. Title VIII is shown, herein, as having been added as title IX of Pub. L. 89–10 by Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1956, without reference to earlier amendments be- cause of the extensive revision of the title’s provisions by Pub. L. 107–110. Title IX of Pub. L. 89–10 was subse- quently redesignated title VIII by Pub. L. 114–95, title VIII, § 8001(a), Dec. 10, 2015, 129 Stat. 2088, and trans- ferred to this subchapter. See Codification note pre- ceding section 6301 of this title. PRIOR PROVISIONS A prior title VIII of the Elementary and Secondary Education Act of 1965, comprising former subchapter VIII (§ 7701 et seq.) of this chapter, was redesignated title VII of the Act by Pub. L. 114–95, title VII, § 7001(c), Dec. 10, 2015, 129 Stat. 2074, and transferred to sub- chapter VII (§ 7701 et seq.) of this chapter. PART A—DEFINITIONS § 7801. Definitions Except as otherwise provided, in this chapter: (1) Average daily attendance (A) In general Except as provided otherwise by State law or this paragraph, the term ‘‘average daily attendance’’ means— (i) the aggregate number of days

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