
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: 50USC1902]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
   CHAPTER 37--NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS
 
Sec. 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; and

            (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).

                       (2) Funding allocations

        Of the amount available for obligation out of the National 
    Security Education Trust Fund 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).

       (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) not later than eight years after such recipient's 
        completion of the study for which scholarship assistance was 
        provided under the program, and in accordance with regulations 
        issued by the Secretary--
                (i) work in a national security position for a period 
            specified by the Secretary, which period shall be no longer 
            than the period for which scholarship assistance was 
            provided; or
                (ii) if the recipient demonstrates to the Secretary (in 
            accordance with such regulations) that no national security 
            position is available, work in the field of higher education 
            in a discipline relating to the foreign country, foreign 
            language, area study, counterproliferation study, or 
            international field of study for which the scholarship was 
            awarded, for a period specified by the Secretary, which 
            period shall be determined in accordance with clause (i); or

            (B) upon completion of such recipient's education under the 
        program, and in accordance with such regulations--
                (i) work in a national security position for a period 
            specified by the Secretary, which period shall be not less 
            than one and not more than three times the period for which 
            the fellowship assistance was provided; or
                (ii) if the recipient demonstrates to the Secretary (in 
            accordance with such regulations) that no national security 
            position is available upon the completion of the degree, 
            work in the field of higher education in a discipline 
            relating to the foreign country, foreign language, area 
            study, counterproliferation study, or international field of 
            study for which the fellowship was awarded, for a period 
            specified by the Secretary, which period shall be 
            established in accordance with clause (i); 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).

(Pub. L. 102-183, title VIII, Sec. 802, Dec. 4, 1991, 105 Stat. 1271; 
Pub. L. 102-496, title IV, Sec. 404(b), (c), Oct. 24, 1992, 106 Stat. 
3185; Pub. L. 103-178, title III, Sec. 311(b)(2), (d), Dec. 3, 1993, 107 
Stat. 2037; Pub. L. 104-201, div. A, title X, Sec. 1078(b)-(d), (f)(2), 
Sept. 23, 1996, 110 Stat. 2664-2666; Pub. L. 105-272, title III, 
Sec. 305(a)(2), Oct. 20, 1998, 112 Stat. 2400.)


                               Amendments

    1998--Subsec. (a)(1)(B)(i), (C), (4). Pub. L. 105-272, 
Sec. 305(a)(2)(A), inserted ``counterproliferation studies,'' after 
``area studies,''.
    Subsec. (b)(2)(A)(ii), (B)(ii). Pub. L. 105-272, Sec. 305(a)(2)(B), 
inserted ``counterproliferation study,'' after ``area study,''.
    1996--Subsec. (a)(1)(A). Pub. L. 104-201, Sec. 1078(b)(1), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``awarding scholarships to undergraduate students who 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 language and study areas where deficiencies exist (as 
identified in the assessments undertaken pursuant to section 1906(d) of 
this title);''.
    Subsec. (a)(1)(B)(i). Pub. L. 104-201, Sec. 1078(b)(2)(A), inserted 
``relating to the national security interests of the United States'' 
after ``international fields''.
    Subsec. (a)(1)(B)(ii). Pub. L. 104-201, Sec. 1078(b)(2)(B), 
substituted ``subsection (b)(2)(B)'' for ``subsection (b)(2)'' and 
``work in a national security position or work in'' for ``work for an 
agency or office of the Federal Government or in''.
    Subsec. (b). Pub. L. 104-201, Sec. 1078(c)(1), in introductory 
provisions, substituted ``or any scholarship'' for ``, or of 
scholarships that provide assistance for periods that aggregate 12 
months or more,''.
    Subsec. (b)(2). Pub. L. 104-201, Sec. 1078(c)(2), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``will, upon 
completion of such recipient's baccalaureate degree or education under 
the program, as the case may be, and in accordance with regulations 
issued by the Secretary, work for the Federal Government or in the field 
of education in the area of study for which the scholarship or 
fellowship was awarded for a period specified by the Secretary, which 
period for the recipients of scholarships shall be no more than the same 
period for which scholarship assistance was provided and for the 
recipients of fellowships shall be not less than one and not more than 
three times the period for which the fellowship assistance was provided; 
and''.
    Subsecs. (c) to (f). Pub. L. 104-201, Sec. 1078(d), added subsec. 
(c) and redesignated former subsecs. (c) to (e) as (d) to (f), 
respectively.
    Subsec. (g). Pub. L. 104-201, Sec. 1078(f)(2), added subsec. (g).
    1993--Subsec. (a)(1)(A). Pub. L. 103-178, Sec. 311(b)(2)(A), (d), 
struck out comma after ``term,'' and inserted before semicolon at end 
``in those language and study areas where deficiencies exist (as 
identified in the assessments undertaken pursuant to section 1906(d) of 
this title)''.
    Subsec. (a)(1)(B)(i). Pub. L. 103-178, Sec. 311(b)(2)(B), inserted 
before semicolon at end ``and in which deficiencies exist (as identified 
in the assessments undertaken pursuant to section 1906(d) of this 
title)''.
    1992--Subsec. (a)(1)(A). Pub. L. 102-496, Sec. 404(b)(1), inserted 
``or equivalent term,'' after ``semester''.
    Subsec. (a)(1)(B)(i). Pub. L. 102-496, Sec. 404(b)(2), substituted 
``as part of a graduate degree program of a United States institution of 
higher education'' for ``in the United States''.
    Subsec. (a)(4). Pub. L. 102-496, Sec. 404(b)(3), inserted at end 
``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.''
    Subsecs. (e), (f). Pub. L. 102-496, Sec. 404(c), redesignated 
subsec. (f) as (e) and struck out former subsec. (e) which read as 
follows: ``The Secretary shall administer the program through the 
Defense Intelligence College.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1903, 1904, 1906, 1908 of 
this title.
