15 U.S.C. § 7442 — Federal Cyber Scholarship-for-Service

Page 2362 TITLE 15—COMMERCE AND TRADE § 7442 (8) other areas the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security consider necessary to fulfill the cybersecurity mission. (e) Topics In selecting topics for competitions and chal- lenges under subsection (a)(1), the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Secu- rity— (1) shall consult widely both within and out- side the Federal Government; and (2) may empanel advisory committees. (f) Internships The Director of the Office of Personnel Man- agement may support, as appropriate, intern- ships or other work experience in the Federal Government to the winners of the competitions and challenges under this section. (Pub. L. 113–274, title III, § 301, Dec. 18, 2014, 128 Stat. 2981.) Editorial Notes REFERENCES IN TEXT Section 3719 of this title (as amended by section 105 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 3989)), referred to in subsec. (a)(1), probably means section 3719 of this title as enacted by section 105(a) of Pub. L. 111–358. § 7442. Federal Cyber Scholarship-for-Service Program (a) In general The Director of the National Science Founda- tion, in coordination with the Director of the Office of Personnel Management and Secretary of Homeland Security, shall continue a Federal cyber scholarship-for-service program to recruit and train the next generation of information technology professionals, industrial control sys- tem security professionals, and security man- agers to meet the needs of the cybersecurity mission for Federal, State, local, and tribal gov- ernments. (b) Program description and components The Federal Cyber Scholarship-for-Service Program shall— (1) provide scholarships through qualified in- stitutions of higher education, including com- munity colleges, to students who are enrolled in programs of study at institutions of higher education leading to degrees or specialized program certifications in the cybersecurity field and cybersecurity-related aspects of other related fields as appropriate, including artificial intelligence, quantum computing and aerospace; (2) provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal information technology and cybersecurity workforce; (3) prioritize the placement of scholarship recipients fulfilling the post-award employ- ment obligation under this section to ensure that— (A) not less than 70 percent of such recipi- ents are placed in an executive agency (as defined in section 105 of title 5); (B) not more than 10 percent of such re- cipients are placed as educators in the field of cybersecurity at qualified institutions of higher education that provide scholarships under this section; and (C) not more than 20 percent of such re- cipients are placed in positions described in paragraphs (2) through (5) of subsection (d); and (4) provide awards to improve cybersecurity education, including by seeking to provide awards in coordination with other relevant agencies for summer cybersecurity camp or other experiences, including teacher training, in each of the 50 States, at the kindergarten through grade 12 level— (A) to increase interest in cybersecurity careers; (B) to help students practice correct and safe online behavior and understand the foundational principles of cybersecurity; (C) to improve teaching methods for deliv- ering cybersecurity content for kindergarten through grade 12 computer science curricula; and (D) to promote teacher recruitment in the field of cybersecurity. (c) Scholarship amounts Each scholarship under subsection (b) shall be in an amount that covers the student’s tuition and fees at the institution under subsection (b)(1) for not more than 3 years and provides the student with an additional stipend. (d) Post-award employment obligations Each scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipi- ent agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree, in the cybersecurity mis- sion of— (1) an executive agency (as defined in section 105 of title 5); (2) Congress, including any agency, entity, office, or commission established in the legis- lative branch; (3) an interstate agency; (4) a State, local, or Tribal government; (5) a State, local, or Tribal government-af- filiated non-profit that is considered to be critical infrastructure (as defined in section 5195c(e) of title 42); or (6) as provided by subsection (b)(3)(B), a qualified institution of higher education. (e) Hiring authority (1) Appointment in excepted service Notwithstanding any provision of chapter 33 of title 5 governing appointments in the com- petitive service, an agency shall appoint in the excepted service an individual who has com- pleted the eligible degree program for which a scholarship was awarded. (2) Noncompetitive conversion Except as provided in paragraph (4), upon fulfillment of the service term, an employee appointed under paragraph (1) may be con- verted noncompetitively to term, career-con- ditional or career appointment. Page 2363 TITLE 15—COMMERCE AND TRADE § 7442 1 So in original. Probably should be ‘‘subsection’’. (3) Timing of conversion An agency may noncompetitively convert a term employee appointed under paragraph (2) to a career-conditional or career appointment before the term appointment expires. (4) Authority to decline conversion An agency may decline to make the non- competitive conversion or appointment under paragraph (2) for cause. (f) Eligibility To be eligible to receive a scholarship under this section, an individual shall— (1) be a citizen or lawful permanent resident of the United States; (2) demonstrate a commitment to a career in improving the security of information tech- nology; (3) have demonstrated a high level of com- petency in relevant knowledge, skills, and abilities, as defined by the national cybersecurity awareness and education pro- gram under section 7443 of this title; (4) be a full-time student in an eligible de- gree program at a qualified institution of higher education, as determined by the Direc- tor of the National Science Foundation, ex- cept that in the case of a student who is en- rolled in a community college, be a student pursuing a degree on a less than full-time basis, but not less than half-time basis; (5) enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section 1 (d); (6) accept and acknowledge the conditions of support under section 1 (g); and (7) accept all terms and conditions of a scholarship under this section. (g) Conditions of support (1) In general As a condition of receiving a scholarship under this section, a recipient shall agree to provide the Office of Personnel Management (in coordination with the National Science Foundation) and the qualified institution of higher education with annual verifiable docu- mentation of post-award employment and up- to-date contact information. (2) Terms A scholarship recipient under this section shall be liable to the United States as provided in subsection (i) if the individual— (A) fails to maintain an acceptable level of academic standing at the applicable institu- tion of higher education, as determined by the Director of the National Science Foun- dation; (B) is dismissed from the applicable insti- tution of higher education for disciplinary reasons; (C) withdraws from the eligible degree pro- gram before completing the program; (D) declares that the individual does not intend to fulfill the post-award employment obligation under this section; (E) fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or (F) fails to fulfill the requirements of para- graph (1). (h) Monitoring compliance As a condition of participating in the pro- gram, a qualified institution of higher education shall— (1) enter into an agreement with the Direc- tor of the National Science Foundation, to monitor the compliance of scholarship recipi- ents with respect to their post-award employ- ment obligations; and (2) provide to the Director of the National Science Foundation and the Director of the Office of Personnel Management, on an annual basis, the post-award employment documenta- tion required under subsection (g)(1) for schol- arship recipients through the completion of their post-award employment obligations. (i) Amount of repayment (1) Less than 1 year of service If a circumstance described in subsection (g)(2) occurs before the completion of 1 year of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section shall— (A) be repaid; or (B) be treated as a loan to be repaid in ac- cordance with subsection (j). (2) 1 or more years of service If a circumstance described in subparagraph (D) or (E) of subsection (g)(2) occurs after the completion of 1 or more years of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall— (A) be repaid; or (B) be treated as a loan to be repaid in ac- cordance with subsection (j). (j) Repayments A loan described subsection (i) shall— (1) be treated as a Federal Direct Unsub- sidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.); and (2) be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director of the National Science Foundation (in consultation with the Secretary of Education) in regula- tions promulgated to carry out this sub- section. (k) Collection of repayment (1) In general In the event that a scholarship recipient is required to repay the scholarship award under this section, the qualified institution of higher education providing the scholarship shall— (A) determine the repayment amounts and notify the recipient, the Director of the Na- tional Science Foundation, and the Director of the Office of Personnel Management of the amounts owed; and Page 2364 TITLE 15—COMMERCE AND TRADE § 7442 2 So in original. Probably should be ‘‘cybersecurity’’. See 2021 Amendment notes below. 3 So in original. (B) collect the repayment amounts within a period of time as determined by the Direc- tor of the National Science Foundation, or the repayment amounts shall be treated as a loan in accordance with subsection (j). (2) Returned to Treasury Except as provided in paragraph (3), any re- payment under this subsection shall be re- turned to the Treasury of the United States. (3) Retain percentage A qualified institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Director of the National Science Foundation shall establish a single, fixed percentage that will apply to all eligible entities. (l) Exceptions The Director of the National Science Founda- tion may provide for the partial or total waiver or suspension of any service or payment obliga- tion by an individual under this section when- ever compliance by the individual with the obli- gation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (m) Public information (1) Evaluation The Director of the National Science Foun- dation, in coordination with the Director of the Office of Personnel Management, shall pe- riodically evaluate and make public, in a man- ner that protects the personally identifiable information of scholarship recipients, infor- mation on the success of recruiting individ- uals for scholarships under this section and on hiring and retaining those individuals in the public sector cybersecurity workforce, includ- ing information on— (A) placement rates; (B) where students are placed, including job titles and descriptions; (C) salary ranges for students not released from obligations under this section; (D) how long after graduation students are placed; (E) how long students stay in the positions they enter upon graduation; (F) how many students are released from obligations; and (G) what, if any, remedial training is re- quired. (2) Reports The Director of the National Science Foun- dation, in coordination with the Office of Per- sonnel Management, shall submit, not less fre- quently than once every two years, to the Committee on Commerce, Science, and Trans- portation and the Committee on Homeland Se- curity and Governmental Affairs of the Senate and the Committee on Science, Space, and Technology and the Committee on Oversight and Reform of the House of Representatives a report, including— (A) the results of the evaluation under paragraph (1); (B) the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and (C) any recent statistics regarding the size, composition, and educational require- ments of the Federal cyber 2 workforce..3 (3) Resources The Director of the National Science Foun- dation, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipi- ents, including, to the extent practicable— (A) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities re- lated to the field of cybersecurity; and (B) a modernized description of cybersecurity careers. (Pub. L. 113–274, title III, § 302, Dec. 18, 2014, 128 Stat. 2982; Pub. L. 115–91, div. A, title XVI, § 1649B(a), Dec. 12, 2017, 131 Stat. 1754; Pub. L. 116–283, div. H, title XCIV, §§ 9401(g)(4)(C), 9403, 9404, Jan. 1, 2021, 134 Stat. 4810, 4811; Pub. L. 117–167, div. B, title III, § 10316(b), Aug. 9, 2022, 136 Stat. 1531.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- sec. (j)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Part D of title IV of the Act is classified to part D (§ 1087a et seq.) of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. AMENDMENTS 2022—Subsec. (b)(1). Pub. L. 117–167 substituted ‘‘and cybersecurity-related aspects of other related fields as appropriate, including artificial intelligence, quantum computing and aerospace;’’ for semicolon at end. 2021—Subsec. (b)(2). Pub. L. 116–283, § 9403(1)(A), sub- stituted ‘‘information technology and cybersecurity’’ for ‘‘information technology’’. Subsec. (b)(3). Pub. L. 116–283, § 9403(1)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘prioritize the employment placement of at least 80 percent of scholarship recipients in an execu- tive agency (as defined in section 105 of title 5); and’’. Subsec. (b)(4). Pub. L. 116–283, § 9403(1)(C), inserted ‘‘, including by seeking to provide awards in coordina- tion with other relevant agencies for summer cybersecurity camp or other experiences, including teacher training, in each of the 50 States,’’ after ‘‘cybersecurity education’’ in introductory provisions. Subsec. (d)(6). Pub. L. 116–283, § 9403(2), added par. (6). Subsec. (f)(3). Pub. L. 116–283, § 9401(g)(4)(C), sub- stituted ‘‘under section 7443’’ for ‘‘under section 7451’’. Subsec. (f)(5) to (7). Pub. L. 116–283, § 9404(1), added pars. (5) to (7) and struck out former par. (5) which read as follows: ‘‘accept the terms of a scholarship under this section.’’ Subsec. (g)(1). Pub. L. 116–283, § 9404(2)(A), inserted ‘‘the Office of Personnel Management (in coordination with the National Science Foundation) and’’ before ‘‘the qualified institution’’. Subsec. (g)(2)(E), (F). Pub. L. 116–283, § 9404(2)(B), added subpars. (E) and (F) and struck out former sub- Page 2365 TITLE 15—COMMERCE AND TRADE § 7443 par. (E) which read as follows: ‘‘fails to fulfill the post- award employment obligation of the individual under this section.’’ Subsec. (h)(2). Pub. L. 116–283, § 9404(3), inserted ‘‘and the Director of the Office of Personnel Management’’ after ‘‘Foundation’’. Subsec. (k)(1)(A). Pub. L. 116–283, § 9404(4), substituted ‘‘, the Director of the National Science Foundation, and the Director of the Office of Personnel Manage- ment of the amounts owed’’ for ‘‘and the Director of the National Science Foundation of the amounts owed’’. Subsec. (m)(1). Pub. L. 116–283, § 9403(3)(A), sub- stituted ‘‘cybersecurity’’ for ‘‘cyber’’ in introductory provisions. Subsec. (m)(2). Pub. L. 116–283, § 9404(5), substituted ‘‘once every two years, to the Committee on Com- merce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Science, Space, and Technology and the Committee on Oversight and Re- form of the House of Representatives a report, includ- ing—’’ and subpars. (A) to (C) for ‘‘once every 3 years, to the Committee on Commerce, Science, and Trans- portation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report, including the results of the evaluation under paragraph (1) and any recent statistics regarding the size, composition, and educational requirements of the Federal cybersecurity workforce’’. Pub. L. 116–283, § 9403(3)(B), substituted ‘‘cybersecurity’’ for ‘‘cyber’’. Subsequent amendment by Pub. L. 116–283, § 9404(5), reenacted the word ‘‘cyber’’ in subsec. (m)(2)(C). 2017—Subsec. (b)(3), (4). Pub. L. 115–91, § 1649B(a)(1), added pars. (3) and (4) and struck out former par. (3) which read as follows: ‘‘prioritize the employment placement of scholarship recipients in the Federal Gov- ernment.’’ Subsec. (d). Pub. L. 115–91, § 1649B(a)(2), amended sub- sec. (d) generally. Prior to amendment, text read as fol- lows: ‘‘Each scholarship recipient, as a condition of re- ceiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work in the cybersecurity mission of a Federal, State, local, or tribal agency for a period equal to the length of the scholarship following receipt of the student’s de- gree.’’ Subsec. (f)(3). Pub. L. 115–91, § 1649B(a)(3)(A), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘have demonstrated a high level of proficiency in mathematics, engineering, or computer sciences;’’. Subsec. (f)(4). Pub. L. 115–91, § 1649B(a)(3)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘be a full-time student in an eligible degree program at a qualified institution of higher education, as determined by the Director of the National Science Foundation; and’’. Subsec. (m). Pub. L. 115–91, § 1649B(a)(4), amended sub- sec. (m) generally. Prior to amendment, text read as follows: ‘‘The Director of the National Science Founda- tion shall evaluate and report periodically to Congress on the success of recruiting individuals for scholarships under this section and on hiring and retaining those in- dividuals in the public sector workforce.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. SAVINGS PROVISION Pub. L. 115–91, div. A, title XVI, § 1649B(b), Dec. 12, 2017, 131 Stat. 1755, provided that: ‘‘Nothing in this sec- tion [amending this section], or an amendment made by this section, shall affect any agreement, scholar- ship, loan, or repayment, under section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), in effect on the day before the date of enactment of this subtitle [Dec. 12, 2017].’’ COMMUNITY COLLEGE CYBER PILOT PROGRAM AND ASSESSMENT Pub. L. 115–91, div. A, title XVI, § 1649A, Dec. 12, 2017, 131 Stat. 1753, provided that: ‘‘(a) PILOT PROGRAM.—Not later than 1 year after the date of enactment of this subtitle [Dec. 12, 2017], as part of the Federal Cyber Scholarship-for-Service program established under section 302 of the Cybersecurity En- hancement Act of 2014 (15 U.S.C. 7442), the Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall develop and implement a pilot program at not more than 10, but at least 5, community colleges to provide scholarships to eligible students who— ‘‘(1) are pursuing associate degrees or specialized program certifications in the field of cybersecurity; and ‘‘(2)(A) have bachelor’s degrees; or ‘‘(B) are veterans of the Armed Forces. ‘‘(b) ASSESSMENT.—Not later than 1 year after the date of enactment of this subtitle, as part of the Fed- eral Cyber Scholarship-for-Service program established under section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), the Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall assess the potential benefits and feasibility of providing scholar- ships through community colleges to eligible students who are pursuing associate degrees, but do not have bachelor’s degrees.’’ § 7443. National cybersecurity awareness and education program (a) National cybersecurity awareness and edu- cation program The Director of the National Institute of Standards and Technology (referred to in this section as the ‘‘Director’’), in consultation with appropriate Federal agencies, industry, edu- cational institutions, National Laboratories, the Networking and Information Technology Re- search and Development program, and other or- ganizations shall continue to coordinate a na- tional cybersecurity awareness and education program, that includes activities such as— (1) the widespread dissemination of cybersecurity technical standards and best practices identified by the Director; (2) efforts to make cybersecurity best prac- tices usable by individuals, small to medium- sized businesses, educational institutions, and State, local, and tribal governments; (3) increasing public awareness of cybersecurity, cyber safety, and cyber ethics; (4) increasing the understanding of State, local, and tribal governments, institutions of higher education, and private sector entities of— (A) the benefits of ensuring effective risk management of information technology versus the costs of failure to do so; and (B) the methods to mitigate and remediate vulnerabilities; (5) supporting formal cybersecurity edu- cation programs at all education levels to pre- pare and improve a skilled cybersecurity and computer science workforce for the private sector and Federal, State, local, and tribal government;