38 U.S.C. § 7810 — Exemption from personnel ceilings

Page 1293 TITLE 38—VETERANS’ BENEFITS § 7902 Pub. L. 102–54 amended subsec. (a)(1) as in effect im- mediately before the enactment of Pub. L. 102–40 by substituting ‘‘child-care’’ for ‘‘child care’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7361’’ for ‘‘4161’’. Subsec. (a)(2). Pub. L. 102–54 amended subsec. (a)(2) as in effect immediately before the enactment of Pub. L. 102–40 by substituting ‘‘child-care’’ for ‘‘child care’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in introductory pro- visions and in pars. (1) and (2). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in par. (1). Pub. L. 102–54 amended subsec. (c) as in effect before the enactment of Pub. L. 102–40 by substituting ‘‘child- care’’ for ‘‘child care’’ in introductory provisions and in par. (2). Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (e). Pub. L. 102–54 amended subsec. (e) as in effect immediately before the enactment of Pub. L. 102–40 by substituting ‘‘child-care’’ for ‘‘child care’’. § 7810. Exemption from personnel ceilings Persons who are employed by the Service and compensated from the revolving fund estab- lished by section 7804 of this title may not be considered to be employees of the Department for the purposes of any personnel ceiling which may otherwise be applied to employees of the Department by the President or an official of the executive branch. (Added Pub. L. 100–322, title IV, § 414(b)(1), May 20, 1988, 102 Stat. 549, § 4210; renumbered § 7810 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40, § 402(a), (b)(1), renumbered sec- tion 4210 of this title as this section. Pub. L. 102–83 substituted ‘‘Department’’ for ‘‘Vet- erans’ Administration’’ in two places. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7804’’ for ‘‘4204’’. CHAPTER 79—INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM Sec. 7901. Programs; purpose. 7902. Scholarship program. 7903. Education debt reduction program. 7904. Preferences in awarding financial assistance. 7905. Requirement of honorable discharge for vet- erans receiving assistance. 7906. Regulations. 7907. Termination. § 7901. Programs; purpose (a) IN GENERAL.—To encourage the recruit- ment and retention of Department personnel who have the information security skills nec- essary to meet Department requirements, the Secretary may carry out programs in accord- ance with this chapter to provide financial sup- port for education in computer science and elec- trical and computer engineering at accredited institutions of higher education. (b) TYPES OF PROGRAMS.—The programs au- thorized under this chapter are as follows: (1) Scholarships for pursuit of doctoral de- grees in computer science and electrical and computer engineering at accredited institu- tions of higher education. (2) Education debt reduction for Department personnel who hold doctoral degrees in com- puter science and electrical and computer en- gineering at accredited institutions of higher education. (Added Pub. L. 109–461, title IX, § 903(a)(1), Dec. 22, 2006, 120 Stat. 3460.) § 7902. Scholarship program (a) AUTHORITY.—(1) Subject to the availability of appropriations, the Secretary may establish a scholarship program under which the Secretary shall, subject to subsection (d), provide financial assistance in accordance with this section to a qualified person— (A) who is pursuing a doctoral degree in computer science or electrical or computer en- gineering at an accredited institution of high- er education; and (B) who enters into an agreement with the Secretary as described in subsection (b). (2)(A) Except as provided in subparagraph (B), the Secretary may provide financial assistance under this section to an individual for up to five years. (B) The Secretary may waive the limitation under subparagraph (A) if the Secretary deter- mines that such a waiver is appropriate. (b) SERVICE AGREEMENT FOR SCHOLARSHIP RE- CIPIENTS.—(1) To receive financial assistance under this section an individual shall enter into an agreement to accept and continue employ- ment in the Department for the period of obli- gated service determined under paragraph (2). (2) For the purposes of this subsection, the pe- riod of obligated service for a recipient of finan- cial assistance under this section shall be the period determined by the Secretary as being ap- propriate to obtain adequate service in exchange for the financial assistance and otherwise to achieve the goals set forth in section 7901(a) of this title. In no event may the period of service required of a recipient be less than the period equal to the total period of pursuit of a degree for which the Secretary agrees to provide the re- cipient with financial assistance under this sec- tion. The period of obligated service is in addi- tion to any other period for which the recipient is obligated to serve on active duty or in the civil service, as the case may be. (3) An agreement entered into under this sec- tion by a person pursuing a doctoral degree shall include terms that provide the following: (A) That the period of obligated service be- gins on a date after the award of the degree that is determined under the regulations pre- scribed under section 7906 of this title. (B) That the individual will maintain satis- factory academic progress, as determined in accordance with those regulations, and that failure to maintain such progress constitutes grounds for termination of the financial as- sistance for the individual under this section. (C) Any other terms and conditions that the Secretary determines appropriate for carrying out this section.