10 U.S.C. § 2200c — Untitled legal text

Page 1737 TITLE 10—ARMED FORCES § 2200c quired under an agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) or 373 of title 37 in the same manner and to the same extent as if the civilian employee were a member of the armed forces. (f) ALLOCATION OF FUNDING.—(1) Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of degrees referred to in subsection (a) at institutions of higher edu- cation that have established, improved, or are administering programs of education in cyber disciplines under the grant program established in section 2200b of this title, as determined by the Secretary of Defense. (2) Not less than five percent of the amount available for financial assistance under this sec- tion for a fiscal year shall be available for pro- viding financial assistance for the pursuit of an associate degree at an institution described in paragraph (1). (g) EMPLOYMENT OF PROGRAM PARTICIPANTS.— The Secretary of Defense— (1) may, without regard to any provision of title 5 governing appointments in the competi- tive service, appoint to a cyber position in the Department of Defense in the excepted service an individual who has successfully completed an academic program for which a scholarship under this section was awarded and who, under the terms of the agreement for such scholar- ship, at the time of such appointment owes a service commitment to the Department; and (2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an ex- cepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a ca- reer or career conditional appointment. (Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–234; amended Pub. L. 109–163, div. A, title VI, § 687(c)(8), Jan. 6, 2006, 119 Stat. 3334; Pub. L. 111–84, div. A, title X, § 1073(a)(20), title XI, § 1103, Oct. 28, 2009, 123 Stat. 2473, 2485; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(J), title XVI, § 1649(b), (d)(1)(C), Dec. 12, 2017, 131 Stat. 1426, 1752; Pub. L. 116–92, div. A, title XVI, § 1637, Dec. 20, 2019, 133 Stat. 1749.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 116–92 substituted ‘‘ad- vanced degree, or certificate’’ for ‘‘or advanced degree, or a certification,’’. 2017—Subsec. (a)(1). Pub. L. 115–91, § 1649(d)(1)(C)(i), substituted ‘‘a cyber discipline’’ for ‘‘an information assurance discipline’’. Subsec. (e). Pub. L. 115–91, § 618(a)(1)(J), inserted ‘‘or 373’’ before ‘‘of title 37’’ in pars. (1) and (2). Subsec. (f). Pub. L. 115–91, § 1649(b), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (f)(1). Pub. L. 115–91, § 1649(d)(1)(C)(ii), sub- stituted ‘‘cyber disciplines’’ for ‘‘information assur- ance’’. Subsec. (g)(1). Pub. L. 115–91, § 1649(d)(1)(C)(iii), sub- stituted ‘‘a cyber position’’ for ‘‘an information tech- nology position’’. 2009—Subsec. (a). Pub. L. 111–84, § 1103(b), substituted ‘‘subsection (f),’’ for ‘‘subsection (g),’’ in introductory provisions. Subsec. (e)(1). Pub. L. 111–84, § 1073(a)(20), substituted ‘‘subsection (b)’’ for ‘‘section (b)’’. Subsec. (g). Pub. L. 111–84, § 1103(a), added subsec. (g). 2006—Subsec. (e). Pub. L. 109–163, § 687(c)(8)(A), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: ‘‘(1) A person who voluntarily terminates service be- fore the end of the period of obligated service required under an agreement entered into under subsection (b) shall refund to the United States an amount deter- mined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for financial as- sistance and otherwise to achieve the goals set forth in section 2200(a) of this title. ‘‘(2) An obligation to reimburse the United States im- posed under paragraph (1) is for all purposes a debt owed to the United States. ‘‘(3) The Secretary of Defense may waive, in whole or in part, a refund required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.’’ Subsecs. (f), (g). Pub. L. 109–163, § 687(c)(8)(B), (C), re- designated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: ‘‘A dis- charge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the person sign- ing such agreement from a debt arising under such agreement or under subsection (e).’’ Statutory Notes and Related Subsidiaries SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. § 2200b. Grant program (a) AUTHORITY.—The Secretary of Defense may provide grants of financial assistance to institu- tions of higher education to support the estab- lishment, improvement, or administration of programs of education in cyber disciplines re- ferred to in section 2200(a) of this title. (b) PURPOSES.—The proceeds of grants under this section may be used by an institution of higher education for the following purposes: (1) Faculty development. (2) Curriculum development. (3) Laboratory improvements. (4) Faculty research in information security. (Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–235; amended Pub. L. 115–91, div. A, title XVI, § 1649(d)(1)(D), Dec. 12, 2017, 131 Stat. 1753.) Editorial Notes AMENDMENTS Subsec. (a). Pub. L. 115–91 substituted ‘‘cyber dis- ciplines’’ for ‘‘information assurance disciplines’’. § 2200c. Special considerations in awarding scholarships and grants (a) CENTERS OF ACADEMIC EXCELLENCE IN CYBER EDUCATION.—In the selection of a recipi- ent for the award of a scholarship or grant under Page 1738 TITLE 10—ARMED FORCES § 2200d this chapter, consideration shall be given to whether— (1) in the case of a scholarship, the institu- tion at which the recipient pursues a degree is a Center of Academic Excellence in Cyber Edu- cation; and (2) in the case of a grant, the recipient is a Center of Academic Excellence in Cyber Edu- cation. (b) CERTAIN INSTITUTIONS OF HIGHER EDU- CATION.—In the selection of a recipient for the award of a scholarship or grant under this chap- ter, consideration shall be given to whether— (1) in the case of a scholarship, the institu- tion of higher education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and (2) in the case of a grant, the recipient is an institution described in such section. (Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–236; amended Pub. L. 115–91, div. A, title XVI, § 1649(d)(1)(E), (F), Dec. 12, 2017, 131 Stat. 1753; Pub. L. 115–232, div. A, title XVI, § 1633(a), (b)(1), Aug. 13, 2018, 132 Stat. 2125.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘Special consider- ations in awarding scholarships and grants’’ for ‘‘Cen- ters of Academic Excellence in Cyber Education’’ in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2017—Pub. L. 115–91 substituted ‘‘Cyber’’ for ‘‘Infor- mation Assurance’’ in heading and in pars. (1) and (2). Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 115–91, div. A, title XVI, § 1649(e)(2), Dec. 12, 2017, 131 Stat. 1753, provided that: ‘‘Any institution of higher education designated by the Director of the Na- tional Security Agency as a Center of Academic Excel- lence in Information Assurance Education is redesig- nated as a Center of Academic Excellence in Cyber Education. Any reference in a law (other than this sec- tion), map, regulation, document, paper, or other record of the United States to a Center of Academic Ex- cellence in Information Assurance Education shall be deemed to be a reference to a Center of Academic Ex- cellence in Cyber Education.’’ § 2200d. Regulations The Secretary of Defense shall prescribe regu- lations for the administration of this chapter. (Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–236.) § 2200e. Definitions In this chapter: (1) The term ‘‘cyber’’ includes the following: (A) Offensive cyber operations. (B) Defensive cyber operations. (C) Department of Defense information network operations and defense. (D) Any other information technology that the Secretary of Defense considers to be re- lated to the cyber activities of the Depart- ment of Defense. (2) The term ‘‘institution of higher edu- cation’’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) The term ‘‘Center of Academic Excel- lence in Cyber Education’’ means an institu- tion of higher education that is designated by the Director of the National Security Agency as a Center of Academic Excellence in Cyber Education. (Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–236; amended Pub. L. 115–91, div. A, title XVI, § 1649(c), Dec. 12, 2017, 131 Stat. 1752.) Editorial Notes AMENDMENTS 2017—Pub. L. 115–91 amended section generally. Prior to amendment, section defined ‘‘information assur- ance’’, ‘‘institution of higher education’’, and ‘‘Center of Academic Excellence in Information Assurance Edu- cation’’. § 2200f. Inapplicability to Coast Guard This chapter does not apply to the Coast Guard when it is not operating as a service in the Navy. (Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–236.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 113—DEFENSE CIVILIAN TRAINING CORPS Sec. 2200g. Establishment. 2200h. Program elements. 2200i. Model authorities. 2200j. Definitions. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title X, § 1081(a)(4)(B), Jan. 1, 2021, 134 Stat. 3870, struck out ‘‘Sec.’’ before each item in this analysis, except where it appears pre- ceding item 2200g. § 2200g. Establishment (a) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and maintain a Defense Civilian Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees. (b) PURPOSE.—The purpose of the Defense Ci- vilian Training Corps is to target critical skills gaps necessary to achieve the objectives of the national defense strategies required by section