Title 10 — Armed Forces
Part V · Chapter 303 — Research and Engineering Activities
§ 4093. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program
Statutory text
Requirement for Program.—
The Secretary of Defense shall carry out a program to provide financial assistance for education in science, mathematics, engineering, and technology skills and disciplines that, as determined by the Secretary, are critical to the national security functions of the Department of Defense and are needed in the Department of Defense workforce.
Financial Assistance.—
Under the program under this section, the Secretary of Defense may award a scholarship or fellowship in accordance with this section to a person who—
is a citizen of the United States or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of ;
is pursuing an associates degree, undergraduate degree, or advanced degree in a critical skill or discipline described in subsection (a) at an accredited institution of higher education; and
enters into a service agreement with the Secretary of Defense as described in subsection (c).
The amount of the financial assistance provided under a scholarship or fellowship awarded to a person under this subsection shall be an amount determined by the Secretary of Defense.
Financial assistance provided under a scholarship or fellowship awarded under this section may be paid directly to the recipient of such scholarship or fellowship or to an administering entity for disbursement of the funds.
Service Agreement for Recipients of Financial Assistance.—
To receive financial assistance under this section—
in the case of an employee of the Department of Defense, the employee shall enter into a written agreement to continue in the employment of the department for the period of obligated service determined under paragraph (2); and
in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment for the period of obligated service determined under paragraph (2)—
with the Department, including by serving on active duty in the Armed Forces; or
with a public or private entity or organization outside of the Department if the Secretary—
is unable to find an appropriate position for the person within the Department; and
determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department.
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 such financial assistance. The period of service required of a recipient may not be less than the total period of pursuit of a degree that is covered by such financial assistance. The period of obligated service is in addition to any other period for which the recipient is obligated to serve in the civil service of the United States.
An agreement entered into under this subsection by a person pursuing an academic degree shall include any terms and conditions that the Secretary of Defense determines necessary to protect the interests of the United States or otherwise appropriate for carrying out this section.
Employment of Program Participants.—
The Secretary of Defense—
may, without regard to any provision of title 5 governing appointment of employees to competitive service positions within the Department of Defense, appoint to a position in the Department of Defense 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 the Department;
may, upon satisfactory completion of 2 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; and
may establish arrangements so that participants may participate in a paid internship for an appropriate period with an industry sponsor.
Refund for Period of Unserved Obligated Service.—
A participant in the program under this section who is not an employee of the Department of Defense and who voluntarily fails to complete the educational program for which financial assistance has been provided under this section, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, shall refund to the United States an appropriate amount, as determined by the Secretary.
A participant in the program under this section who is an employee of the Department of Defense and who—
voluntarily fails to complete the educational program for which financial assistance has been provided, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or
before completion of the period of obligated service required of such participant—
voluntarily terminates such participant’s employment with the Department; or
is removed from such participant’s employment with the Department on the basis of misconduct,
shall refund the United States an appropriate amount, as determined by the Secretary.
An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
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.
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 this subsection.
Relationship to Other Programs.—
The Secretary of Defense shall coordinate the provision of financial assistance under the authority of this section with the provision of financial assistance under the other authorities provided in this chapter in order to maximize the benefits derived by the Department of Defense from the exercise of all such authorities.
The Secretary of Defense shall seek to enter into partnerships with minority institutions of higher education and appropriate public and private sector organizations to diversify the participants in the program under subsection (a).
In coordination with the efforts under paragraph (2), the Secretary of Defense shall additionally establish a program, which shall be known as the “Ronald V. Dellums Memorial Fellowship in STEM”, to provide financial assistance under this section to at least 30 students from communities that are underrepresented in the Department of Defense STEM workforce, not fewer of 50 percent of whom shall attend historically Black colleges and universities and minority-serving institutions. As part of such program, the Secretary shall establish an internship program that provides each student who is awarded a fellowship under this paragraph with an internship in an organization or element of the Department of Defense, and to the extent practicable, each such student shall be paired with a mid-level or a senior-level official of the relevant organization or element of the Department of Defense who shall serve as a mentor during the internship.
Limitation on Participation.—
The Secretary may not award scholarships or fellowships under this section to more than five individuals described in paragraph (2) per year.
An individual described in this paragraph is an individual who—
has not previously been awarded a scholarship or fellowship under the program under this section;
is not a citizen of the United States; and
is a citizen of a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of .
Institution of Higher Education Defined.—
In this section, the term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
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.
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title XI § 1104(d)(1) · 119 Stat. 3136
Enacted · 10 U.S.C. § 4093
Added Pub. L. 109–163, div. A, title XI, § 1104(d)(1), Jan. 6, 2006, 119 Stat. 3449, § 2192a
Source evidence
Code source credit
Added Pub. L. 109–163, div. A, title XI, § 1104(d)(1), Jan. 6, 2006, 119 Stat. 3449, § 2192aEnacted provision · exact public law section
(1) Amendment to title 10.— Chapter 111 of title 10, United States Code, is amended— (A) by inserting after section 2192 the following: “§ 2192a. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program” ; and (B) by transferring and inserting the text of section 1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2074; 10 U.S.C. 2192 note), as amended by subsections (a), (b), and (c), so as to appear below the section heading for section 2192a, as added by subparagraph (A).Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 1061(a)(5)(A) · 122 Stat. 4356
Substituted · 10 U.S.C. § 4093(e)(4)
Pub. L. 110–417, § 1061(a)(5)(A), substituted “title 11” for “title 11, United States Code,”
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 110–417, § 1061(a)(5)(A), substituted “title 11” for “title 11, United States Code,”.Enacted provision · exact public law section
(A) in subsection (e)(4), by striking “title 11, United States Code,” and inserting “title 11”; andDuncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 1061(a)(5)(B) · 122 Stat. 4356
Substituted · 10 U.S.C. § 4093(f)
Pub. L. 110–417, § 1061(a)(5)(B), substituted “this title” for “title 10, United States Code”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 110–417, § 1061(a)(5)(B), substituted “this title” for “title 10, United States Code”.Enacted provision · exact public law section
(B) in subsection (f), by striking “title 10, United States Code” and inserting “this title”.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 § 1102(b) · 123 Stat. 2190
Substituted · 10 U.S.C. § 4093(c)(2)
Pub. L. 111–84, § 1102(b), substituted “The” for “Except as provided in subsection (d), the” in second sentence
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 111–84, § 1102(b), substituted “The” for “Except as provided in subsection (d), the” in second sentence.Enacted provision · exact public law section
(b) Conforming Amendment.— Subsection (c)(2) of such section is amended by striking “Except as provided in subsection (d), the” in the second sentence and inserting “The”.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 § 1102(a) · 123 Stat. 2190
Amended · 10 U.S.C. § 4093(d)
Pub. L. 111–84, § 1102(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) provided that, under certain circumstances, the Secretary of Defense could appoint or retain a SMART program participant as an interim employee and separate such participant from employment if no appropriate permanent position was available at the end of the interim period and that the period of interim service would count towards the participant’s obligated service requirements
Source evidence
Code amendment note
Subsec. (d). Pub. L. 111–84, § 1102(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) provided that, under certain circumstances, the Secretary of Defense could appoint or retain a SMART program participant as an interim employee and separate such participant from employment if no appropriate permanent position was available at the end of the interim period and that the period of interim service would count towards the participant’s obligated service requirements.Enacted provision · exact public law section
(a) Authority for Employment.— Subsection (d) of section 2192a of title 10, United States Code, is amended to read as follows: “(d) Employment of Program Participants.— The Secretary of Defense— “(1) may, without regard to any provision of title 5 governing appointment of employees to competitive service positions within the Department of Defense, appoint to a position in the Department of Defense 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 the Department; and “(2) may, upon satisfactory completion of 2 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.” .National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 § 1102(c) · 123 Stat. 2190
Struck · 10 U.S.C. § 4093(f)
Pub. L. 111–84, § 1102(c), struck out “The program under this section is in addition to the authorities provided in chapter 111 of this title.” before “The Secretary”
Substituted · 10 U.S.C. § 4093(f)
Pub. L. 111–84, § 1102(c), substituted “the other authorities provided in this chapter” for “the authorities provided in such chapter”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–84, § 1102(c), struck out “The program under this section is in addition to the authorities provided in chapter 111 of this title.” before “The Secretary” and substituted “the other authorities provided in this chapter” for “the authorities provided in such chapter”.Enacted provision · exact public law section
(c) Technical Amendments.— Subsection (f) of such section is amended— (1) by striking the first sentence; and (2) by striking “the authorities provided in such chapter” and inserting “the other authorities provided in this chapter”.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 § 1102(d)(1) · 123 Stat. 2190
Redesignated · 10 U.S.C. § 4093(g); 10 U.S.C. § 4093(h)
Pub. L. 111–84, § 1102(d)(1), redesignated subsec. (h) as (g)
Struck · 10 U.S.C. § 4093(g); 10 U.S.C. § 4093(h)
Pub. L. 111–84, § 1102(d)(1), struck out former subsec. (g). Prior to amendment, text read as follows: “Not later than February 1, 2007, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives a plan for expanding and improving the national defense science and engineering workforce educational assistance program carried out under this section as appropriate to improve recruitment and retention to meet the requirements of the Department of Defense for its science and engineering workforce on a short-term basis and on a long-term basis.”
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 111–84, § 1102(d)(1), redesignated subsec. (h) as (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “Not later than February 1, 2007, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives a plan for expanding and improving the national defense science and engineering workforce educational assistance program carried out under this section as appropriate to improve recruitment and retention to meet the requirements of the Department of Defense for its science and engineering workforce on a short-term basis and on a long-term basis.”Enacted provision · exact public law section
(1) Such section is further amended by striking subsection (g) and by redesignating subsection (h) as subsection (g).National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. A title XI § 1105(a)(1) · 127 Stat. 672
Substituted · 10 U.S.C. § 4093(b)(2)
Pub. L. 113–66 substituted “an amount determined by the Secretary of Defense” for “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, equipment expenses, and expenses of room and board”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 113–66 substituted “an amount determined by the Secretary of Defense” for “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, equipment expenses, and expenses of room and board”.Enacted provision · exact public law section
(1) Revision.— Paragraph (2) of section 2192a(b) of title 10, United States Code, is amended by striking “the amount determined” and all that follows through “room and board” and inserting “an amount determined by the Secretary of Defense”.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. A title II § 215 · 128 Stat. 3292
Amended · 10 U.S.C. § 4093(c)(1)(B)
Pub. L. 113–291 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).”
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 113–291 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).”Enacted provision · exact public law section
SEC. 215. REVISION TO THE SERVICE REQUIREMENT UNDER THE SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANSFORMATION DEFENSE EDUCATION PROGRAM. Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, 10 USC 2192a. is amended to read as follows: “(B) in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment for the period of obligated service determined under paragraph (2)— “(i) with the Department; or “(ii) with a public or private entity or organization outside of the Department if the Secretary— “(I) is unable to find an appropriate position for the person within the Department; and “(II) determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department.” .National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 212(1) · 129 Stat. 726
Inserted · 10 U.S.C. § 4093(b)(1)(A)
Pub. L. 114–92, § 212(1), inserted “or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995” after “United States”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 114–92, § 212(1), inserted “or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995” after “United States”.Enacted provision · exact public law section
(1) in subsection (b)(1)(A), by inserting “or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995” after “United States”;National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 212(2) · 129 Stat. 726
Added · 10 U.S.C. § 4093(g); 10 U.S.C. § 4093(h)
Pub. L. 114–92, § 212(2), (3), added subsec. (g)
Redesignated · 10 U.S.C. § 4093(g); 10 U.S.C. § 4093(h)
Pub. L. 114–92, § 212(2), (3), redesignated former subsec. (g) as (h)
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 114–92, § 212(2), (3), added subsec. (g) and redesignated former subsec. (g) as (h).Enacted provision · exact public law section
(2) by redesignating subsection (g) as subsection (h); andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1843(a) · 134 Stat. 3388
Added · 10 U.S.C. § 4093
Pub. L. 116–283, § 1843(a), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2192a of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283, § 1843(a), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2192a of this title as this section.Enacted provision · exact public law section
(a) New Chapter.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by inserting after chapter 303, as added by the preceding section, the following new chapter: “CHAPTER 305— DEPARTMENT OF DEFENSE LABORATORIES “Subchapter “I. General Matters “II. Personnel-Related Matters “SUBCHAPTER I— GENERAL MATTERS “Sec. “4101. [Reserved]. “4102. [Reserved]. “4103. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. “SUBCHAPTER II— PERSONNEL-RELATED MATTERS “Sec. “4111. Authorities for certain positions at science and technology reinvention laboratories. “4112. Research and development laboratories: contracts for services of university students.”.Effective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1843(a) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 242(1) · 134 Stat. 3388
Inserted · 10 U.S.C. § 4093(c)(1)(B)(i)
Pub. L. 116–283, § 242(1), inserted “, including by serving on active duty in the Armed Forces” after “Department”
Source evidence
Code amendment note
Subsec. (c)(1)(B)(i). Pub. L. 116–283, § 242(1), inserted “, including by serving on active duty in the Armed Forces” after “Department”.Enacted provision · exact public law section
(1) in subsection (c)(1)(B)(i), by inserting “, including by serving on active duty in the Armed Forces” after “Department”;Effective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1843(a) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 242(2) · 134 Stat. 3388
Added · 10 U.S.C. § 4093(d)(3)
Pub. L. 116–283, § 242(2), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 116–283, § 242(2), added par. (3).Enacted provision · exact public law section
(2) in subsection (d)— (A) in paragraph (1), by striking “; and” and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(3) may establish arrangements so that participants may participate in a paid internship for an appropriate period with an industry sponsor.” ; andEffective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1843(a) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 242(3) · 134 Stat. 3388
Amended · 10 U.S.C. § 4093(f)
Pub. L. 116–283, § 242(3), designated existing provisions as par. (1)
Added · 10 U.S.C. § 4093(f)
Pub. L. 116–283, § 242(3), added par. (2)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 116–283, § 242(3), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(3) in subsection (f)— (A) by inserting “(1)” before “The Secretary”; and (B) by adding at the end the following new paragraph: “(2) The Secretary of Defense shall seek to enter into partnerships with minority institutions of higher education and appropriate public and private sector organizations to diversify the participants in the program under subsection (a).” .Effective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1843(a) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. A title X § 1083 · 136 Stat. 2395
Added · 10 U.S.C. § 4093(f)(3)
Pub. L. 117–263 added par. (3)
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 117–263 added par. (3).Enacted provision · exact public law section
SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP IN STEM. Section 4093(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) In coordination with the efforts under paragraph (2), the Secretary of Defense shall additionally establish a program, which shall be known as the ‘Ronald V. Dellums Memorial Fellowship in STEM’, to provide financial assistance under this section to at least 30 students from communities that are underrepresented in the Department of Defense STEM workforce, not fewer of 50 percent of whom shall attend historically Black colleges and universities and minority-serving institutions. As part of such program, the Secretary shall establish an internship program that provides each student who is awarded a fellowship under this paragraph with an internship in an organization or element of the Department of Defense, and to the extent practicable, each such student shall be paired with a mid-level or a senior-level official of the relevant organization or element of the Department of Defense who shall serve as a mentor during the internship.” .
20 of 20 references resolved to an enrolled provision
Editorial Notes
Codification
Section, as added by Pub. L. 109–163, consists of text of Pub. L. 108–375, div. A, title XI, § 1105, , 118 Stat. 2074; Pub. L. 109–163, div. A, title X, § 1056(d), title XI, § 1104(a)–(c), , 119 Stat. 3440, 3448, 3449; Pub. L. 111–383, div. A, title X, § 1075(h)(5), , 124 Stat. 4377, which was formerly set out as a note under section 2192 of this title, and was repealed by Pub. L. 109–163, div. A, title XI, § 1104(e)(1), , 119 Stat. 3450.
Amendments2008–2022 · 7 rounds
2022
Subsec. (f)(3). Pub. L. 117–263 added par. (3).
2021
Pub. L. 116–283, § 1843(a), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2192a of this title as this section.
Subsec. (c)(1)(B)(i). Pub. L. 116–283, § 242(1), inserted “, including by serving on active duty in the Armed Forces” after “Department”.
Subsec. (d)(3). Pub. L. 116–283, § 242(2), added par. (3).
Subsec. (f). Pub. L. 116–283, § 242(3), designated existing provisions as par. (1) and added par. (2).
2015
Subsec. (b)(1)(A). Pub. L. 114–92, § 212(1), inserted “or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of ” after “United States”.
Subsecs. (g), (h). Pub. L. 114–92, § 212(2), (3), added subsec. (g) and redesignated former subsec. (g) as (h).
2014
Subsec. (c)(1)(B). Pub. L. 113–291 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).”
2013
Subsec. (b)(2). Pub. L. 113–66 substituted “an amount determined by the Secretary of Defense” for “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, equipment expenses, and expenses of room and board”.
2009
Subsec. (c)(2). Pub. L. 111–84, § 1102(b), substituted “The” for “Except as provided in subsection (d), the” in second sentence.
Subsec. (d). Pub. L. 111–84, § 1102(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) provided that, under certain circumstances, the Secretary of Defense could appoint or retain a SMART program participant as an interim employee and separate such participant from employment if no appropriate permanent position was available at the end of the interim period and that the period of interim service would count towards the participant’s obligated service requirements.
Subsec. (f). Pub. L. 111–84, § 1102(c), struck out “The program under this section is in addition to the authorities provided in chapter 111 of this title.” before “The Secretary” and substituted “the other authorities provided in this chapter” for “the authorities provided in such chapter”.
Subsecs. (g), (h). Pub. L. 111–84, § 1102(d)(1), redesignated subsec. (h) as (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “Not later than , the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives a plan for expanding and improving the national defense science and engineering workforce educational assistance program carried out under this section as appropriate to improve recruitment and retention to meet the requirements of the Department of Defense for its science and engineering workforce on a short-term basis and on a long-term basis.”
2008
Subsec. (e)(4). Pub. L. 110–417, § 1061(a)(5)(A), substituted “title 11” for “title 11, United States Code,”.
Subsec. (f). Pub. L. 110–417, § 1061(a)(5)(B), substituted “this title” for “title 10, United States Code”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by section 1843(a) of Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
National Security Workforce and Educational Diversity Activities
Pub. L. 116–283, div. A, title II, § 250, , 134 Stat. 3495, provided that:
“(a) In General.—
The Secretary of Defense shall seek to diversify participation in the Science, Mathematics, and Research for Transformation (SMART) Defense Education Program under section 2192a of title 10, United States Code [now 10 U.S.C. 4093].
“(b) Activities.—
In carrying out subsection (a), the Secretary shall—
“(1) subject to the availability of appropriations for this purpose, set aside funds for financial assistance, scholarships, and fellowships for students at historically Black colleges or universities or at minority institutions of higher education and such other institutions as the Secretary considers appropriate;
“(2) partner with institutions of higher education, and such other public and private sector organizations as the Secretary considers appropriate, to increase diversity of participants in the program described in subsection (a);
“(3) establish individual and organizational incentives, and such other activities as the Secretary considers appropriate, to increase diversity of student participation in the program described in subsection (a);
“(4) increase awareness of opportunities to participate in the program described in subsection (a);
“(5) evaluate the potential for new programs, fellowships, and other activities at historically Black colleges or universities and minority institutions of higher education to increase diversity in educational and workforce development programs;
“(6) identify potential changes to the program described in subsection (a) that would improve diversity of participants in such program; and
“(7) establish metrics to evaluate success of activities under this section.
“(c) Report.—
Not later than , the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that evaluates the success of activities conducted by the Secretary in increasing diversity in appropriate programs of the Department of Defense and hiring and retaining diverse individuals in the science, mathematics, and research workforce of the public sector.”
Effect on Current Participants in SMART Pilot Program
Pub. L. 109–163, div. A, title XI, § 1104(f), , 119 Stat. 3450, provided that: “Participation in the Science, Mathematics, and Research for Transformation (SMART) Defense Scholarship Pilot Program under section 1105 of Public Law 108–375 [see Codification note above] by an individual who has entered into an agreement under that pilot program before the date of the enactment of this Act [] shall be governed by the terms of such agreement without regard to the amendments made by this section [enacting this section, amending section 3304 of Title 5, Government Organization and Employees, and amending and repealing provisions set out as a note under section 2192 of this title].”
Credits
2006–2022 · 9 acts
- 2006Added Pub. L. 109–163, div. A, title XI, § 1104(d)(1), , 119 Stat. 3449, § 2192a
- 2008amended Pub. L. 110–417, [div. A], title X, § 1061(a)(5), , 122 Stat. 4612
- 2009Pub. L. 111–84, div. A, title XI, § 1102(a)–(d)(1), , 123 Stat. 2484, 2485
- 2013Pub. L. 113–66, div. A, title XI, § 1105(a)(1), , 127 Stat. 886
- 2014Pub. L. 113–291, div. A, title II, § 215, , 128 Stat. 3327
- 2015Pub. L. 114–92, div. A, title II, § 212, , 129 Stat. 767
- 2021Pub. L. 116–283, div. A, title II, § 242, , 134 Stat. 3488
- 2021renumbered § 4093, Pub. L. 116–283, div. A, title XVIII, § 1843(a), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), , 135 Stat. 2153
- 2022Pub. L. 117–263, div. A, title X, § 1083, , 136 Stat. 2800.
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(Added Pub. L. 109–163, div. A, title XI, § 1104(d)(1), , 119 Stat. 3449, § 2192a; amended Pub. L. 110–417, [div. A], title X, § 1061(a)(5), , 122 Stat. 4612; Pub. L. 111–84, div. A, title XI, § 1102(a)–(d)(1), , 123 Stat. 2484, 2485; Pub. L. 113–66, div. A, title XI, § 1105(a)(1), , 127 Stat. 886; Pub. L. 113–291, div. A, title II, § 215, , 128 Stat. 3327; Pub. L. 114–92, div. A, title II, § 212, , 129 Stat. 767; Pub. L. 116–283, div. A, title II, § 242, , 134 Stat. 3488; renumbered § 4093, Pub. L. 116–283, div. A, title XVIII, § 1843(a), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), , 135 Stat. 2153; Pub. L. 117–263, div. A, title X, § 1083, , 136 Stat. 2800.)