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Title 10 — Armed Forces

Part III · Chapter 112 — Cyber Scholarship Program

§ 2200a. Scholarship program

Statutory text

(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, baccalaureate, advanced degree, or certificate in a cyber discipline referred to in section 2200(a) of this title at an institution of higher education; and

(2)

who enters into an agreement with the Secretary as described in subsection (b).

(b)

Service Agreement for Scholarship Recipients.—

(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 obligated service determined under paragraph (2);

(B)

an employee of the Department of Defense shall enter into an agreement to continue 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 obligated 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 paragraph (2).

(2)

For the purposes of this subsection, the period of obligated service for a recipient of financial 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 otherwise 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 assistance under this section. The period of obligated 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 section by a person pursuing an academic degree shall include terms that provide the following:

(A)

That the period of obligated service begins on a date after the award of the degree that is determined under the regulations prescribed under section 2200d of this title.

(B)

That the person will maintain satisfactory academic progress, as determined in accordance with those regulations, and that failure to maintain such progress constitutes grounds for termination of the financial assistance 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 determined by the Secretary of Defense as being necessary 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 Internships.—

The financial assistance for a person 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 Obligated Service.—

(1)

A member of an armed force who does not complete the period of active duty specified in the service agreement under subsection (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 before the end of the period of obligated service required 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 education 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 section for a fiscal year shall be available for providing 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 competitive 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 scholarship, 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 excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appointment.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Enacted · 10 U.S.C. § 2200a

    Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–234

    Source evidence

    Code source credit
    Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–234

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  2. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 687(c)(8)(A) · 119 Stat. 3136

    1. Added · 10 U.S.C. § 2200a(e)

      Pub. L. 109–163, § 687(c)(8)(A), added subsec. (e)

    2. Struck · 10 U.S.C. § 2200a(e)

      Pub. L. 109–163, § 687(c)(8)(A), struck out heading and text of former subsec. (e). Text read as follows:

    Source evidence

    Code amendment note
    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 before 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 determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for financial assistance and otherwise to achieve the goals set forth in section 2200(a) of this title. “(2) An obligation to reimburse the United States imposed 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.”

    Enacted provision · exact public law section
    (A) by striking subsection (e) and inserting the following new subsection: “(e) Repayment for Period of Unserved Obligated Service.— (1) A member of an armed force who does not complete the period of active duty specified in the service agreement under section (b) shall be subject to the repayment provisions of section 303a(e) of title 37. “(2) A civilian employee of the Department of Defense who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of title 37 in the same manner and to the same extent as if the civilian employee were a member of the armed forces.” .

  3. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 687(c)(8)(B) · 119 Stat. 3136

    1. Redesignated · 10 U.S.C. § 2200a(f); 10 U.S.C. § 2200a(g)

      Pub. L. 109–163, § 687(c)(8)(B), (C), redesignated subsec. (g) as (f)

    2. Struck · 10 U.S.C. § 2200a(f); 10 U.S.C. § 2200a(g)

      Pub. L. 109–163, § 687(c)(8)(B), (C), struck out heading and text of former subsec. (f). Text read as follows: “A discharge 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 signing such agreement from a debt arising under such agreement or under subsection (e).”

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 109–163, § 687(c)(8)(B), (C), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “A discharge 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 signing such agreement from a debt arising under such agreement or under subsection (e).”

    Enacted provision · exact public law section
    (B) by striking subsection (f); and

  4. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 1103(b) · 123 Stat. 2190

    Substituted · 10 U.S.C. § 2200a(a)

    Pub. L. 111–84, § 1103(b), substituted “subsection (f),” for “subsection (g),” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–84, § 1103(b), substituted “subsection (f),” for “subsection (g),” in introductory provisions.

    Enacted provision · exact public law section
    (b) Technical Amendment.— Subsection (a) of such section is amended by striking “subsection (g),” and inserting “subsection (f),”.

  5. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 1073(a)(20) · 123 Stat. 2190

    Substituted · 10 U.S.C. § 2200a(e)(1)

    Pub. L. 111–84, § 1073(a)(20), substituted “subsection (b)” for “section (b)”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 111–84, § 1073(a)(20), substituted “subsection (b)” for “section (b)”.

    Enacted provision · exact public law section
    (20) Section 2200a(e)(1) is amended by striking “section (b)” and inserting “subsection (b)”.

  6. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 1103(a) · 123 Stat. 2190

    Added · 10 U.S.C. § 2200a(g)

    Pub. L. 111–84, § 1103(a), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 111–84, § 1103(a), added subsec. (g).

    Enacted provision · exact public law section
    (a) In General.— Section 2200a of title 10, United States Code, is amended by adding at the end the following new subsection: “(g) Employment of Program Participants.— The Secretary of Defense— “(1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to an information technology 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 scholarship, 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 excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appointment.” .

  7. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1649(d)(1)(C)(i) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2200a(a)(1)

    Pub. L. 115–91, § 1649(d)(1)(C)(i), substituted “a cyber discipline” for “an information assurance discipline”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–91, § 1649(d)(1)(C)(i), substituted “a cyber discipline” for “an information assurance discipline”.

    Enacted provision · exact public law section
    (i) in subsection (a)(1), by striking “an information assurance discipline” and inserting “a cyber discipline”;

  8. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 618(a)(1)(J) · 131 Stat. 1283

    Inserted · 10 U.S.C. § 2200a(e)

    Pub. L. 115–91, § 618(a)(1)(J), inserted “or 373” before “of title 37” in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–91, § 618(a)(1)(J), inserted “or 373” before “of title 37” in pars. (1) and (2).

    Enacted provision · exact public law section
    (J) Paragraphs (1) and (2) of section 2200a(e).

  9. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1649(b) · 131 Stat. 1283

    1. Amended · 10 U.S.C. § 2200a(f)

      Pub. L. 115–91, § 1649(b), designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 2200a(f)

      Pub. L. 115–91, § 1649(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–91, § 1649(b), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (b) Modification to Allocation of Funding for Cyber Scholarship Program.— Section 2200a(f) of title 10, Unites States Code, is amended— (1) by inserting “(1)” before “Not less”; and (2) by adding at the end the following new paragraph: “(2) Not less than five percent of the amount available for financial assistance under this section for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree at an institution described in paragraph (1).” .

  10. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1649(d)(1)(C)(ii) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2200a(f)(1)

    Pub. L. 115–91, § 1649(d)(1)(C)(ii), substituted “cyber disciplines” for “information assurance”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 115–91, § 1649(d)(1)(C)(ii), substituted “cyber disciplines” for “information assurance”.

    Enacted provision · exact public law section
    (ii) in subsection (f)(1), by striking “information assurance” and inserting “cyber disciplines”; and

  11. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1649(d)(1)(C)(iii) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2200a(g)(1)

    Pub. L. 115–91, § 1649(d)(1)(C)(iii), substituted “a cyber position” for “an information technology position”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 115–91, § 1649(d)(1)(C)(iii), substituted “a cyber position” for “an information technology position”.

    Enacted provision · exact public law section
    (iii) in subsection (g)(1), by striking “an information technology position” and inserting “a cyber position”;

  12. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title XVI § 1637 · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2200a(a)(1)

    Pub. L. 116–92 substituted “advanced degree, or certificate” for “or advanced degree, or a certification,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–92 substituted “advanced degree, or certificate” for “or advanced degree, or a certification,”.

    Enacted provision · exact public law section
    SEC. 1637. MODIFICATION OF CYBER SCHOLARSHIP PROGRAM.   Section 2200a(a)(1) of title 10, United States Code, is amended by striking “or advanced degree, or a certification,” and inserting “advanced degree, or certificate”.

15 of 15 references resolved to an enrolled provision

Editorial Notes

Amendments2006–2019 · 4 rounds

2019

Subsec. (a)(1). Pub. L. 116–92 substituted “advanced 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 existing provisions as par. (1) and added par. (2).

Subsec. (f)(1). Pub. L. 115–91, § 1649(d)(1)(C)(ii), substituted “cyber disciplines” for “information assurance”.

Subsec. (g)(1). Pub. L. 115–91, § 1649(d)(1)(C)(iii), substituted “a cyber position” for “an information technology 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 before 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 determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for financial assistance and otherwise to achieve the goals set forth in section 2200(a) of this title.

“(2) An obligation to reimburse the United States imposed 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), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “A discharge 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 signing 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 repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , 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.

Credits

2000–2019 · 5 acts
  1. 2000Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], , 114 Stat. 1654, 1654A–234
  2. 2006amended Pub. L. 109–163, div. A, title VI, § 687(c)(8), , 119 Stat. 3334
  3. 2009Pub. L. 111–84, div. A, title X, § 1073(a)(20), title XI, § 1103, , 123 Stat. 2473, 2485
  4. 2017Pub. L. 115–91, div. A, title VI, § 618(a)(1)(J), title XVI, § 1649(b), (d)(1)(C), , 131 Stat. 1426, 1752
  5. 2019Pub. L. 116–92, div. A, title XVI, § 1637, , 133 Stat. 1749.
Show as published

(Added Pub. L. 106–398, § 1 [[div. A], title IX, § 922(a)(1)], , 114 Stat. 1654, 1654A–234; amended Pub. L. 109–163, div. A, title VI, § 687(c)(8), , 119 Stat. 3334; Pub. L. 111–84, div. A, title X, § 1073(a)(20), title XI, § 1103, , 123 Stat. 2473, 2485; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(J), title XVI, § 1649(b), (d)(1)(C), , 131 Stat. 1426, 1752; Pub. L. 116–92, div. A, title XVI, § 1637, , 133 Stat. 1749.)

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