Program required
In general
Funding allocations
Consultation with National Security Education Board
section 1903 of this titleThe program required under this chapter shall be carried out in consultation with the National Security Education Board established under .
Contract authority
section 6101 of title 41The 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 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.
Service agreement
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.
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), 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.
Merit review
The Secretary shall award scholarships, fellowships, and grants under the program based upon a merit review process.
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.
Determination of agencies and offices of Federal Government having national security responsibilities
Temporary employment and retention of certain participants
In general
Treatment of certain service
The period of service of a person covered by paragraph (1) in a position on an interim basis under that paragraph shall, after completion of the degree, be treated as a period of service for purposes of satisfying the obligated service requirements of the person under the service agreement of the person under subsection (b).
Use of awards to attend the Foreign Language Center of the Defense Language Institute
National Flagship Language Initiative
Employment of program participants
Appointment authority
Treatment of certain service
Career tenure
In the case of an individual whose appointment to a position in the excepted service is converted to a career or career-conditional appointment under paragraph (1)(B), the period of service described in such paragraph shall be treated, for purposes of the service requirements for career tenure under title 5, as if it were service in a position under a career or career-conditional appointment.
Eligible program participant defined
Pub. L. 102–183, title VIII, § 802105 Stat. 1271Pub. L. 102–496, title IV, § 404(b)106 Stat. 3185Pub. L. 103–178, title III, § 311(b)(2)107 Stat. 2037Pub. L. 104–201, div. A, title X, § 1078(b)110 Stat. 2664–2666Pub. L. 105–272, title III, § 305(a)(2)112 Stat. 2400Pub. L. 107–296, title XIII, § 1332(b)116 Stat. 2300Pub. L. 107–306, title III116 Stat. 2395Pub. L. 108–136, div. A, title IX, § 925(a)117 Stat. 1578Pub. L. 108–487, title VI118 Stat. 3952–3954Pub. L. 109–364, div. A, title IX, § 945(a)120 Stat. 2367Pub. L. 110–181, div. A, title IX, § 953122 Stat. 292Pub. L. 111–84, div. A, title XI, § 1101123 Stat. 2484Pub. L. 112–239, div. A, title IX, § 956126 Stat. 1899Pub. L. 115–91, div. A, title XVI, § 1625131 Stat. 1733Pub. L. 118–31, div. G, title IX, § 7901(c)(1)137 Stat. 1106(, , ; , (c), , ; , (d), , ; –(d), (f)(2), , ; , , ; , , ; , §§ 332, 333(a)(1)–(3), , , 2396; , , ; , §§ 601(b), 602(a)(1), 603(a)(1), (2), , ; , (b), , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Codification
section 6101 of title 4141 U.S.C. 5Pub. L. 111–350, § 6(c)124 Stat. 3854In subsec. (a)(4), “” substituted for “section 3709 of the Revised Statutes ()” on authority of , , , which Act enacted Title 41, Public Contracts.
Amendments
Pub. L. 118–312023—Subsec. (j)(6)(B) to (D). redesignated subpars. (C) and (D) as (B) and (C), respectively, and substituted “subparagraph (C)” for “subparagraph (D)” in subpar. (B), as redesignated.
Pub. L. 115–91, § 1625(2)2017—Subsec. (k)(2). , substituted “paragraph (4)(C)” for “paragraph (3)(C)” in introductory provisions.
Pub. L. 115–91, § 1625(1)Subsec. (k)(3), (4). , (3), added par. (3) and redesignated former par. (3) as (4).
Pub. L. 112–2392013—Subsec. (k). amended subsec. (k) generally. Prior to amendment, text read as follows: “The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities—
“(1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to a position that is identified under subsection (b)(2)(A)(i) as having national security responsibilities, or to a position in such Federal agency or office, in the excepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment owes a service commitment to such Department or such Federal agency or office; and
“(2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appointment.”
Pub. L. 111–842009—Subsec. (k). added subsec. (k).
Pub. L. 110–181, § 953(1)2008—Subsec. (b)(2)(A)(iii). , added cl. (iii).
Pub. L. 110–181, § 953(2)Subsec. (b)(2)(B)(iii). , added cl. (iii).
Pub. L. 109–364, § 945(a)2006—Subsec. (b)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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”.
Pub. L. 109–364, § 945(b)Subsecs. (h) to (j). , added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.
Pub. L. 108–487, § 603(a)(1)2004—Subsec. (a)(1)(E). , added subpar. (E).
Pub. L. 108–487, § 603(a)(2)section 1912 of this titleSubsec. (a)(2). , which directed the amendment of the matter following par. (2) by inserting in the first sentence “or for the scholarship program under paragraph (1)(E)” after “under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i)” and by inserting at end “For the authorization of appropriations for the scholarship program under paragraph (1)(E), see .”, was executed to the concluding provisions of par. (2) to reflect the probable intent of Congress.
Pub. L. 108–487, § 601(b)section 1910(c) of this title, in introductory provisions, inserted “or from a transfer under ” after “National Security Education Trust Fund”.
Pub. L. 108–487, § 602(a)(1)Subsecs. (i)(5), (6). , added pars. (5) and (6).
Pub. L. 108–1362003—Subsec. (b)(2). added subpars. (A) and (B) and struck out former subpars. (A) and (B) which also contained provisions relating to recipients of scholarships and fellowships, respectively.
Pub. L. 107–306, § 333(a)(1)2002—Subsec. (a)(1)(D). , added subpar. (D).
Pub. L. 107–306, § 333(a)(3)section 1911 of this titleSubsec. (a)(2). , inserted at end “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). For the authorization of appropriations for the National Flagship Language Initiative, see .”
Pub. L. 107–296, § 1332(b)(1)Subsec. (b)(2)(A)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “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”.
Pub. L. 107–296, § 1332(b)(2)Subsec. (b)(2)(B)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “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”.
Pub. L. 107–306, § 332Subsec. (h). , added subsec. (h).
Pub. L. 107–306, § 333(a)(2)Subsec. (i). , added subsec. (i).
Pub. L. 105–272, § 305(a)(2)(A)1998—Subsec. (a)(1)(B)(i), (C), (4). , inserted “counterproliferation studies,” after “area studies,”.
Pub. L. 105–272, § 305(a)(2)(B)Subsec. (b)(2)(A)(ii), (B)(ii). , inserted “counterproliferation study,” after “area study,”.
Pub. L. 104–201, § 1078(b)(1)section 1903(d)(4)(A) of this titlesection 1906(d) of this title1996—Subsec. (a)(1)(A). , 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 ) in those language and study areas where deficiencies exist (as identified in the assessments undertaken pursuant to );”.
Pub. L. 104–201, § 1078(b)(2)(A)Subsec. (a)(1)(B)(i). , inserted “relating to the national security interests of the United States” after “international fields”.
Pub. L. 104–201, § 1078(b)(2)(B)Subsec. (a)(1)(B)(ii). , 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”.
Pub. L. 104–201, § 1078(c)(1)Subsec. (b). , in introductory provisions, substituted “or any scholarship” for “, or of scholarships that provide assistance for periods that aggregate 12 months or more,”.
Pub. L. 104–201, § 1078(c)(2)Subsec. (b)(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”.
Pub. L. 104–201, § 1078(d)Subsecs. (c) to (f). , added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.
Pub. L. 104–201, § 1078(f)(2)Subsec. (g). , added subsec. (g).
Pub. L. 103–178, § 311(b)(2)(A)section 1906(d) of this title1993—Subsec. (a)(1)(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 )”.
Pub. L. 103–178, § 311(b)(2)(B)section 1906(d) of this titleSubsec. (a)(1)(B)(i). , inserted before semicolon at end “and in which deficiencies exist (as identified in the assessments undertaken pursuant to )”.
Pub. L. 102–496, § 404(b)(1)1992—Subsec. (a)(1)(A). , inserted “or equivalent term,” after “semester”.
Pub. L. 102–496, § 404(b)(2)Subsec. (a)(1)(B)(i). , substituted “as part of a graduate degree program of a United States institution of higher education” for “in the United States”.
Pub. L. 102–496, § 404(b)(3)Subsec. (a)(4). , 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.”
Pub. L. 102–496, § 404(c)Subsecs. (e), (f). , 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–487, title VI, § 602(a)(2)118 Stat. 3953
Pub. L. 108–487section 801 of Pub. L. 108–487section 2656f of Title 22Amendment by effective , except as otherwise provided, see , set out as a note under , Foreign Relations and Intercourse.
Effective Date of 2003 Amendment
Pub. L. 108–136, div. A, title IX, § 925(b)117 Stat. 1578
Effective Date of 2002 Amendment
Pub. L. 107–306, title III, § 333(c)116 Stat. 2397
Pub. L. 107–296section 4 of Pub. L. 107–296section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.
Construction
Pub. L. 107–306, title III, § 333(d)116 Stat. 2397
Pub. L. 118–31Coordination With Other Amendments Made by
Pub. L. 118–31, div. G, title IX, § 7901(k)137 Stat. 1107
Increase in Number of Participating Educational Institutions
Pub. L. 108–487, title VI, § 602(c)118 Stat. 3953
Clarification of Authority To Support Studies Abroad
Pub. L. 108–487, title VI, § 602(d)118 Stat. 3953