
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7274e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274e. Scholarship and fellowship program for environmental 
        restoration and waste management
        

(a) Establishment

    The Secretary of Energy shall conduct a scholarship and fellowship 
program for the purpose of enabling individuals to qualify for 
employment in environmental restoration and waste management positions 
in the Department of Energy. The scholarship and fellowship program 
shall be known as the ``Marilyn Lloyd Scholarship and Fellowship 
Program''.

(b) Eligibility

    To be eligible to participate in the scholarship and fellowship 
program, an individual must--
        (1) be accepted for enrollment or be currently enrolled as a 
    full-time student at an institution of higher education (as defined 
    in section 101 of the Higher Education Act of 1965 [20 U.S.C. 
    1001]);
        (2) be pursuing a program of education that leads to an 
    appropriate higher education degree in a qualifying field of study, 
    as determined by the Secretary;
        (3) sign an agreement described in subsection (c) of this 
    section;
        (4) be a citizen or national of the United States or be an alien 
    lawfully admitted to the United States for permanent residence; and
        (5) meet such other requirements as the Secretary prescribes.

(c) Agreement

    An agreement between the Secretary and a participant in the 
scholarship and fellowship program established under this section shall 
be in writing, shall be signed by the participant, and shall include the 
following provisions:
        (1) The Secretary's agreement to provide the participant with 
    educational assistance for a specified number of school years (not 
    exceeding 5) during which the participant is pursuing a program of 
    education in a qualifying field of study. The assistance may include 
    payment of tuition, fees, books, laboratory expenses, and a stipend.
        (2) The participant's agreement (A) to accept such educational 
    assistance, (B) to maintain enrollment and attendance in the program 
    of education until completed, (C) while enrolled in such program, to 
    maintain satisfactory academic progress as prescribed by the 
    institution of higher education in which the participant is 
    enrolled, and (D) after completion of the program of education, to 
    serve as a full-time employee in an environmental restoration or 
    waste management position in the Department of Energy for a period 
    of 12 months for each school year or part thereof for which the 
    participant is provided a scholarship or fellowship under the 
    program established under this section.

(d) Repayment

    (1) Any person participating in a scholarship or fellowship program 
established under this section shall agree to pay to the United States 
the total amount of educational assistance provided to the person under 
the program, plus interest at the rate prescribed by paragraph (4), if 
the person--
        (A) does not complete the course of education as agreed to 
    pursuant to subsection (c) of this section, or completes the course 
    of education but declines to serve in a position in the Department 
    of Energy as agreed to pursuant to subsection (c) of this section; 
    or
        (B) is voluntarily separated from service or involuntarily 
    separated for cause from the Department of Energy before the end of 
    the period for which the person has agreed to continue in the 
    service of the Department of Energy.

    (2) If an employee fails to fulfill his agreement to pay to the 
Government the total amount of educational assistance provided to the 
person under the program, plus interest at the rate prescribed by 
paragraph (4), a sum equal to the amount of the educational assistance 
(plus such interest) is recoverable by the Government from the person or 
his estate by--
        (A) in the case of a person who is an employee, setoff against 
    accrued pay, compensation, amount of retirement credit, or other 
    amount due the employee from the Government; and
        (B) such other method as is provided by law for the recovery of 
    amounts owing to the Government.

    (3) The Secretary may waive in whole or in part a required repayment 
under this subsection if the Secretary determines the recovery would be 
against equity and good conscience or would be contrary to the best 
interests of the United States.
    (4) For purposes of repayment under this section, the total amount 
of educational assistance provided to a person under the program shall 
bear interest at the applicable rate of interest under section 427A(c) 
of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)).

(e) Preference for cooperative education students

    In evaluating applicants for award of scholarships and fellowships 
under the program, the Secretary of Energy may give a preference to an 
individual who is enrolled in, or accepted for enrollment in, an 
educational institution that has a cooperative education program with 
the Department of Energy.

(f) Coordination of benefits

    A scholarship or fellowship awarded under this section shall be 
taken into account in determining the eligibility of the student for 
Federal student financial assistance provided under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq. [and 42 U.S.C. 2751 
et seq.]).

(g) Award of scholarships and fellowships

    (1) Subject to paragraph (2), the Secretary shall award at least 20 
scholarships (for undergraduate students) and 20 fellowships (for 
graduate students) during fiscal year 1992.
    (2) The requirement to award 20 scholarships and 20 fellowships 
under paragraph (1) applies only to the extent there is a sufficient 
number of applicants qualified for such awards.

(h) Report to Congress

    Not later than January 1, 1993, the Secretary of Energy shall submit 
to Congress a report on activities undertaken under the program and 
recommendations for future activities under the program.

(i) Funding

    Of the funds authorized to be appropriated pursuant to section 
3101(9)(B), $1,000,000 may be used for the purpose of carrying out this 
section.

(Pub. L. 102-190, div. C, title XXXI, Sec. 3132, Dec. 5, 1991, 105 Stat. 
1572; Pub. L. 103-337, div. C, title XXXI, Sec. 3156(b)(1), Oct. 5, 
1994, 108 Stat. 3092; Pub. L. 105-244, title I, Sec. 102(a)(13)(F), Oct. 
7, 1998, 112 Stat. 1620.)

                       References in Text

    The Higher Education Act of 1965, referred to in subsec. (f), is 
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of the 
Act is classified generally to subchapter IV (Sec. 1070 et seq.) of 
chapter 28 of Title 20, Education, and part C (Sec. 2751 et seq.) of 
subchapter I of chapter 34 of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 1001 of 
Title 20 and Tables.
    Section 3101(9)(B), referred to in subsec. (i), is section 
3101(9)(B) of Pub. L. 102-190, div. C, title XXXI, Dec. 5, 1991, 105 
Stat. 1564, which is not classified to the Code.

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993, and not as part of the Department of 
Energy Organization Act which comprises this chapter.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-244 substituted ``section 101 of 
the Higher Education Act of 1965'' for ``section 1201(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1141(a))''.
    1994--Subsec. (a). Pub. L. 103-337 inserted at end ``The scholarship 
and fellowship program shall be known as the `Marilyn Lloyd Scholarship 
and Fellowship Program'.''


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.


                    Effective Date of 1994 Amendment

    Section 3156(b)(2) of Pub. L. 103-337 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall take effect on 
January 3, 1995.''
