10 U.S.C. § 2200a — Scholarship program

Page 1736 TITLE 10—ARMED FORCES § 2200a ‘‘(4) Programs related to data science and courses in data science theory and practice designed to com- plement and reinforce cyber education along with the strategic language programs critical to cyber oper- ations. ‘‘(5) Programs designed to develop early interest and cyber talent through summer programs, dual en- rollment opportunities for cyber, strategic language, data science, and cryptography related courses. ‘‘(6) Training and education programs to expand the pool of qualified cyber instructors necessary to sup- port cyber education in regional school systems. ‘‘(d) PARTNERSHIPS WITH DEPARTMENT OF DEFENSE AND THE ARMED FORCES.—Any institute established under the program authorized by subsection (a) may enter into a partnership with one or more components of the Armed Forces, active or reserve, or any agency of the Department of Defense to facilitate the develop- ment of critical cyber skills for students who may pur- sue a military career. ‘‘(e) PARTNERSHIPS.—Any institute established under the program authorized by subsection (a) may enter into a partnership with one or more local educational agencies to facilitate the development of critical cyber skills. ‘‘(f) SENIOR MILITARY COLLEGES DEFINED.—The term ‘senior military colleges’ has the meaning given such term in section 2111a(f) of title 10, United States Code. ‘‘(g) REPORT TO CONGRESS.—Not later than September 30, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of the Cyber Institutes and on opportunities to expand the Cyber Institutes to additional select institutions of higher learning that have a Reserve Officers’ Training Corps program. ‘‘(h) 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.’’ REPORT Pub. L. 106–398, § 1 [[div. A], title IX, § 922(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–236, directed the Secretary of Defense to submit to committees of Congress a plan for implementing the programs under this chapter not later than Apr. 1, 2001. § 2200a. Scholarship program (a) AUTHORITY.—The Secretary of Defense may, subject to subsection (f), provide financial assistance in accordance with this section to a person— (1) who is pursuing an associate, bacca- laureate, advanced degree, or certificate in a cyber discipline referred to in section 2200(a) of this title at an institution of higher edu- cation; and (2) who enters into an agreement with the Secretary as described in subsection (b). (b) SERVICE AGREEMENT FOR SCHOLARSHIP RE- CIPIENTS.—(1) To receive financial assistance under this section— (A) a member of the armed forces shall enter into an agreement to serve on active duty in the member’s armed force for the period of ob- ligated service determined under paragraph (2); (B) an employee of the Department of De- fense shall enter into an agreement to con- tinue in the employment of the department for the period of obligated service determined under paragraph (2); and (C) a person not referred to in subparagraph (A) or (B) shall enter into an agreement— (i) to enlist or accept a commission in one of the armed forces and to serve on active duty in that armed force for the period of ob- ligated service determined under paragraph (2); or (ii) to accept and continue employment in the Department of Defense for the period of obligated service determined under para- graph (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 of Defense as being appropriate to obtain adequate service in exchange for the financial assistance and oth- erwise to achieve the goals set forth in section 2200(a) of this title. In no event may the period of service required of a recipient be less than the period equal to three-fourths of the total period of pursuit of a degree for which the Secretary agrees to provide the recipient with financial as- sistance under this section. The period of obli- gated service is in addition 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 an academic 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 2200d of this title. (B) That the person will maintain satisfac- tory academic progress, as determined in ac- cordance with those regulations, and that fail- ure to maintain such progress constitutes grounds for termination of the financial as- sistance for the person under this section. (C) Any other terms and conditions that the Secretary of Defense determines appropriate for carrying out this section. (c) AMOUNT OF ASSISTANCE.—The amount of the financial assistance provided for a person under this section shall be the amount deter- mined by the Secretary of Defense as being nec- essary to pay all educational expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, and expenses of room and board. The expenses paid, however, shall be limited to those educational expenses normally incurred by students at the institution of higher education involved. (d) USE OF ASSISTANCE FOR SUPPORT OF IN- TERNSHIPS.—The financial assistance for a per- son under this section may also be provided to support internship activities of the person at the Department of Defense in periods between the academic years leading to the degree for which assistance is provided the person under this section. (e) REPAYMENT FOR PERIOD OF UNSERVED OBLI- GATED SERVICE.—(1) A member of an armed force who does not complete the period of active duty specified in the service agreement under sub- section (b) shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. (2) A civilian employee of the Department of Defense who voluntarily terminates service be- fore the end of the period of obligated service re- 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