50 U.S.C. § 1902 : US Code - Section 1902: Scholarship, fellowship, and grant program

Search 50 U.S.C. § 1902 : US Code - Section 1902: Scholarship, fellowship, and grant program

(a) Program required
(1) In general
The Secretary of Defense shall carry out a program for -
(A) awarding scholarships to undergraduate students who -
(i) are United States citizens in order to enable such
students to study, for at least one academic semester or
equivalent term, in foreign countries that are critical
countries (as determined under section 1903(d)(4)(A) of this
title) in those languages and study areas where deficiencies
exist (as identified in the assessments undertaken pursuant
to section 1906(d) of this title); and
(ii) pursuant to subsection (b)(2)(A) of this section,
enter into an agreement to work in a national security
position or work in the field of higher education in the area
of study for which the scholarship was awarded;
(B) awarding fellowships to graduate students who -
(i) are United States citizens to enable such students to
pursue education as part of a graduate degree program of a
United States institution of higher education in the
disciplines of foreign languages, area studies,
counterproliferation studies, and other international fields
relating to the national security interests of the United
States that are critical areas of those disciplines (as
determined under section 1903(d)(4)(B) of this title) and in
which deficiencies exist (as identified in the assessments
undertaken pursuant to section 1906(d) of this title); and
(ii) pursuant to subsection (b)(2)(B) of this section,
enter into an agreement to work in a national security
position or work in the field of education in the area of
study for which the fellowship was awarded;
(C) awarding grants to institutions of higher education to
enable such institutions to establish, operate, or improve
programs in foreign languages, area studies,
counterproliferation studies, and other international fields
that are critical areas of those disciplines (as determined
under section 1903(d)(4)(C) of this title);
(D) awarding grants to institutions of higher education to
carry out activities under the National Flagship Language
Initiative (described in subsection (i) of this section); and
(E) awarding scholarships to students who -
(i) are United States citizens who -
(I) are native speakers (referred to as "heritage
community citizens") of a foreign language that is
identified as critical to the national security interests
of the United States who should be actively recruited for
employment by Federal security agencies with a need for
linguists; and
(II) are not proficient at a professional level in the
English language with respect to reading, writing, and
other skills required to carry out the national security
interests of the United States, as determined by the
Secretary,
to enable such students to pursue English language studies at
an institution of higher education of the United States to
attain proficiency in those skills; and
(ii) enter into an agreement to work in a position in a
similar manner (as determined by the Secretary) as agreements
entered into pursuant to subsection (b)(2)(A) of this
section.
(2) Funding allocations
Of the amount available for obligation out of the National
Security Education Trust Fund or from a transfer under section
1910(c) of this title for any fiscal year for the purposes stated
in paragraph (1), the Secretary shall have a goal of allocating -

(A) 1/3 of such amount for the awarding of scholarships
pursuant to paragraph (1)(A);
(B) 1/3 of such amount for the awarding of fellowships
pursuant to paragraph (1)(B); and
(C) 1/3 of such amount for the awarding of grants pursuant
to paragraph (1)(C).
The funding allocation under this paragraph shall not apply to
grants under paragraph (1)(D) for the National Flagship Language
Initiative described in subsection (i) of this section or for the
scholarship program under paragraph (1)(E). For the authorization
of appropriations for the National Flagship Language Initiative,
see section 1911 of this title. For the authorization of
appropriations for the scholarship program under paragraph
(1)(E), see section 1912 of this title.
(3) Consultation with National Security Education Board
The program required under this chapter shall be carried out in
consultation with the National Security Education Board
established under section 1903 of this title.
(4) Contract authority
The Secretary may enter into one or more contracts, with
private national organizations having an expertise in foreign
languages, area studies, counterproliferation studies, and other
international fields, for the awarding of the scholarships,
fellowships, and grants described in paragraph (1) in accordance
with the provisions of this chapter. The Secretary may enter into
such contracts without regard to section 5 of title 41 or any
other provision of law that requires the use of competitive
procedures. In addition, the Secretary may enter into personal
service contracts for periods up to one year for program
administration, except that not more than 10 such contracts may
be in effect at any one time.
(b) Service agreement
In awarding a scholarship or fellowship under the program, the
Secretary or contract organization referred to in subsection (a)(4)
of this section, as the case may be, shall require a recipient of
any fellowship or any scholarship to enter into an agreement that,
in return for such assistance, the recipient -
(1) will maintain satisfactory academic progress, as determined
in accordance with regulations issued by the Secretary, and
agrees that failure to maintain such progress shall constitute
grounds upon which the Secretary or contract organization
referred to in subsection (a)(4) of this section may terminate
such assistance;
(2) will -
(A) in the case of a recipient of a scholarship, after the
recipient's completion of the study for which scholarship
assistance was provided under the program, work in a position
in the Department of Defense or other element of the
intelligence community that is certified by the Secretary as
appropriate to utilize the unique language and region expertise
acquired by the recipient pursuant to such study for a period
specified by the Secretary, which period shall include one year
of service for each year, or portion thereof, for which such
scholarship assistance was provided; or
(B) in the case of a recipient of a fellowship, after the
recipient's completion of the study for which the fellowship
assistance was provided under the program, work in a position
described in subparagraph (A) that is certified by the
Secretary as appropriate to utilize the unique language and
region expertise acquired by the recipient pursuant to such
study for a period specified by the Secretary, which period
shall (at the discretion of the Secretary) include not less
than one nor more than three years for each year, or portion
thereof, for which such fellowship assistance was provided; and
(3) if the recipient fails to meet either of the obligations
set forth in paragraph (1) or (2), will reimburse the United
States Government for the amount of the assistance provided the
recipient under the program, together with interest at a rate
determined in accordance with regulations issued by the
Secretary.
(c) Evaluation of progress in language skills
The Secretary shall, through the National Security Education
Program office, administer a test of the foreign language skills of
each recipient of a scholarship or fellowship under this chapter
before the commencement of the study or education for which the
scholarship or fellowship is awarded and after the completion of
such study or education. The purpose of these tests is to evaluate
the progress made by recipients of scholarships and fellowships in
developing foreign language skills as a result of assistance under
this chapter.
(d) Distribution of assistance
In selecting the recipients for awards of scholarships,
fellowships, or grants pursuant to this chapter, the Secretary or a
contract organization referred to in subsection (a)(4) of this
section, as the case may be, shall take into consideration (1) the
extent to which the selections will result in there being an
equitable geographic distribution of such scholarships,
fellowships, or grants (as the case may be) among the various
regions of the United States, and (2) the extent to which the
distribution of scholarships and fellowships to individuals
reflects the cultural, racial, and ethnic diversity of the
population of the United States.
(e) Merit review
The Secretary shall award scholarships, fellowships, and grants
under the program based upon a merit review process.
(f) Limitation on use of program participants
No person who receives a grant, scholarship, or fellowship or any
other type of assistance under this chapter shall, as a condition
of receiving such assistance or under any other circumstances, be
used by any department, agency, or entity of the United States
Government engaged in intelligence activities to undertake any
activity on its behalf during the period such person is pursuing a
program of education for which funds are provided under the program
carried out under this chapter.
(g) Determination of agencies and offices of Federal Government
having national security responsibilities
(1) The Secretary, in consultation with the Board, shall annually
determine and develop a list identifying each agency or office of
the Federal Government having national security responsibilities at
which a recipient of a fellowship or scholarship under this chapter
will be able to make the recipient's foreign area and language
skills available to such agency or office. The Secretary shall
submit the first such list to the Congress and include each
subsequent list in the annual report to the Congress, as required
by section 1906(b)(6) of this title.
(2) Notwithstanding section 1904 of this title, funds may not be
made available from the Fund to carry out this chapter for fiscal
year 1997 until 30 days after the date on which the Secretary of
Defense submits to the Congress the first such list required by
paragraph (1).
(h) Use of awards to attend the Foreign Language Center of the
Defense Language Institute
(1) The Secretary shall provide for the admission of award
recipients to the Foreign Language Center of the Defense Language
Institute (hereinafter in this subsection referred to as the
"Center"). An award recipient may apply a portion of the applicable
scholarship or fellowship award for instruction at the Center on a
space-available basis as a Department of Defense sponsored program
to defray the additive instructional costs.
(2) Except as the Secretary determines necessary, an award
recipient who receives instruction at the Center shall be subject
to the same regulations with respect to attendance, discipline,
discharge, and dismissal as apply to other persons attending the
Center.
(3) In this subsection, the term "award recipient" means an
undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) of this section or a graduate student who has
been awarded a fellowship under subsection (a)(1)(B) of this
section who -
(A) is in good standing;
(B) has completed all academic study in a foreign country, as
provided for under the scholarship or fellowship; and
(C) would benefit from instruction provided at the Center.
(i) National Flagship Language Initiative
(1) Under the National Flagship Language Initiative, institutions
of higher education shall establish, operate, or improve activities
designed to train students in programs in a range of disciplines to
achieve advanced levels of proficiency in those foreign languages
that the Secretary identifies as being the most critical in the
interests of the national security of the United States.
(2) An undergraduate student who has been awarded a scholarship
under subsection (a)(1)(A) of this section or a graduate student
who has been awarded a fellowship under subsection (a)(1)(B) of
this section may participate in the activities carried out under
the National Flagship Language Initiative.
(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) of this section shall give special
consideration to applicants who are employees of the Federal
Government.
(4) For purposes of this subsection, the Foreign Language Center
of the Defense Language Institute and any other educational
institution that provides training in foreign languages operated by
the Department of Defense or an agency in the intelligence
community is deemed to be an institution of higher education, and
may carry out the types of activities permitted under the National
Flagship Language Initiative.
(5) An undergraduate or graduate student who participates in
training in a program under paragraph (1) and has not already
entered into a service agreement under subsection (b) of this
section shall enter into a service agreement under subsection (b)
of this section applicable to an undergraduate or graduate student,
as the case may be, with respect to participation in such training
in a program under paragraph (1).
(6)(A) An employee of a department or agency of the Federal
Government who participates in training in a program under
paragraph (1) shall agree in writing -
(i) to continue in the service of the department or agency of
the Federal Government employing the employee for the period of
such training;
(ii) to continue in the service of such department or agency,
following completion by the employee of such training, for a
period of two years for each year, or part of the year, of such
training;
(iii) if, before the completion by the employee of such
training, the employment of the employee is terminated by such
department or agency due to misconduct by the employee, or by the
employee voluntarily, to reimburse the United States for the
total cost of such training (excluding the employee's pay and
allowances) provided to the employee; and
(iv) if, after the completion by the employee of such training
but before the completion by the employee of the period of
service required by clause (ii), the employment of the employee
by such department or agency is terminated either by such
department or agency due to misconduct by the employee, or by the
employee voluntarily, to reimburse the United States in an amount
that bears the same ratio to the total cost of such training
(excluding the employee's pay and allowances) provided to the
employee as the unserved portion of such period of service bears
to the total period of service required by clause (ii).
(C) (!1) Subject to subparagraph (D), the obligation to reimburse
the United States under an agreement under subparagraph (A) is for
all purposes a debt owing the United States.
(D) The head of the element of the intelligence community
concerned may release an employee, in whole or in part, from the
obligation to reimburse the United States under an agreement under
subparagraph (A) when, in the discretion of the head of the
element, the head of the element determines that equity or the
interests of the United States so require.