§ 1902. Scholarship, fellowship, and grant program

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. 1991

   National Security Education Act of 1991

   Pub. L. 102–183 title VIII § 802 · 105 Stat. 1260

   Enacted · 50 U.S.C. § 1902

   Pub. L. 102–183, title VIII, § 802, Dec. 4, 1991, 105 Stat. 1271

   Source evidence

   Code source credit
   Pub. L. 102–183, title VIII, § 802, Dec. 4, 1991, 105 Stat. 1271

   Enacted provision · exact public law section
   SEC. 802. 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 are United States citizens in order to enable such students to study, for at least one academic semester, in foreign countries that are critical countries (as determined under section 803(d)(4)(A)); (B) awarding fellowships to graduate students who— (i) are United States citizens to enable such students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields that are critical areas of those disciplines (as determined under section 803(d)(4)(B)); and (ii) pursuant to subsection (b)(2), enter into an agreement to work for an agency or office of the Federal Government or 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, and other international fields that are critical areas of those disciplines (as determined under section 803(d)(4)(C)). (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) ⅓ of such amount for the awarding of scholarships pursuant to paragraph (1)(A); (B) ⅓ of such amount for the awarding of fellowships pursuant to paragraph (1)(B); and (C) ⅓ 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 title shall be carried out in consultation with the National Security Education Board established under section 803. (4) Contract Authority.— The Secretary may enter into one. or more contracts, with private national organizations having an expertise in foreign languages, area 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 title. The Secretary may enter into such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any other provision of law that requires the use of competitive procedures. (b) Service Agreement.— In awarding a scholarship or fellowship under the program, the Secretary or contract organization referred to in subsection (a)(4), as the case may be, shall require a recipient of any fellowship, or of scholarships that provide assistance for periods that aggregate 12 months or more, 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) may terminate such assistance; (2) 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 (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) Distribution of Assistance.— In selecting the recipients for awards of scholarships, fellowships, or grants pursuant to this title, 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. (d) Merit Review.— The Secretary shall award scholarships, fellowships, and grants under the program based upon a merit review process. (e) Administration of Program Through the Defense Intelligence College.— The Secretary shall administer the program through the Defense Intelligence College. (f) Limitation on Use of Program Participants.— No person who receives a grant, scholarship, or fellowship or any other type of assistance under this title 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 title.

2. 1992

   Intelligence Authorization Act for Fiscal Year 1993

   Pub. L. 102–496 § 404(b)(1) · 106 Stat. 3180

   Inserted · 50 U.S.C. § 1902(a)(1)(A)

   Pub. L. 102–496, § 404(b)(1), inserted “or equivalent term,” after “semester”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 102–496, § 404(b)(1), inserted “or equivalent term,” after “semester”.

   Enacted provision · exact public law section
   (1) in paragraph (1)(A), by inserting “or equivalent term,” after “at least one academic semester”;

3. 1992

   Intelligence Authorization Act for Fiscal Year 1993

   Pub. L. 102–496 § 404(b)(2) · 106 Stat. 3180

   Substituted · 50 U.S.C. § 1902(a)(1)(B)(i)

   Pub. L. 102–496, § 404(b)(2), substituted “as part of a graduate degree program of a United States institution of higher education” for “in the United States”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B)(i). Pub. L. 102–496, § 404(b)(2), substituted “as part of a graduate degree program of a United States institution of higher education” for “in the United States”.

   Enacted provision · exact public law section
   (2) in paragraph (1)(B)(i), by striking out “in the United States” and inserting in lieu thereof “as part of a graduate degree program of a United States institution of higher education”; and

4. 1992

   Intelligence Authorization Act for Fiscal Year 1993

   Pub. L. 102–496 § 404(b)(3) · 106 Stat. 3180

   Inserted · 50 U.S.C. § 1902(a)(4)

   Pub. L. 102–496, § 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 102–496, § 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.”

   Enacted provision · exact public law section
   (3) in paragraph (4), by adding at the end the following new sentence: “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.”.

5. 1992

   Intelligence Authorization Act for Fiscal Year 1993

   Pub. L. 102–496 § 404(c) · 106 Stat. 3180

   1. Redesignated · 50 U.S.C. § 1902(e); 50 U.S.C. § 1902(f)

      Pub. L. 102–496, § 404(c), redesignated subsec. (f) as (e)

   2. Struck · 50 U.S.C. § 1902(e); 50 U.S.C. § 1902(f)

      Pub. L. 102–496, § 404(c), struck out former subsec. (e) which read as follows: “The Secretary shall administer the program through the Defense Intelligence College.”

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 102–496, § 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.”

   Enacted provision · exact public law section
   (c) Repeal of Required Entity To Administer Program.— Section 802 of such Act is further amended— (1) by striking out subsection (e); and (2) by redesignating subsection (f) as subsection (e).

6. 1993

   Intelligence Authorization Act for Fiscal Year 1994

   Pub. L. 103–178 § 311(b)(2)(A) · 107 Stat. 2024

   Struck and inserted · 50 U.S.C. § 1902(a)(1)(A)

   Pub. L. 103–178, § 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)”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 103–178, § 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)”.

   Enacted provision · exact public law section
   (A) in paragraph (1)(A), by inserting before the semicolon at the end the following: “in those language and study areas where deficiencies exist (as identified in the assessments undertaken pursuant to section 806(d))”; and

7. 1993

   Intelligence Authorization Act for Fiscal Year 1994

   Pub. L. 103–178 § 311(b)(2)(B) · 107 Stat. 2024

   Inserted · 50 U.S.C. § 1902(a)(1)(B)(i)

   Pub. L. 103–178, § 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)”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B)(i). Pub. L. 103–178, § 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)”.

   Enacted provision · exact public law section
   (B) in paragraph (1)(B)(i), by inserting before the semicolon at the end the following: “and in which deficiencies exist (as identified in the assessments undertaken pursuant to section 806(d))”.

8. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 1078(b)(1) · 110 Stat. 2422

   Amended · 50 U.S.C. § 1902(a)(1)(A)

   Pub. L. 104–201, § 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);”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 104–201, § 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);”.

   Enacted provision · exact public law section
   (1) Subparagraph (A) of subsection (a)(1) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended to read as follows: “(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 803(d)(4)(A)) in those languages and study areas where deficiencies exist (as identified in the assessments undertaken pursuant to section 806(d)); and “(ii) pursuant to subsection (b)(2)(A), 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;”; and

9. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 1078(b)(2)(A) · 110 Stat. 2422

   Inserted · 50 U.S.C. § 1902(a)(1)(B)(i)

   Pub. L. 104–201, § 1078(b)(2)(A), inserted “relating to the national security interests of the United States” after “international fields”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B)(i). Pub. L. 104–201, § 1078(b)(2)(A), inserted “relating to the national security interests of the United States” after “international fields”.

   Enacted provision · exact public law section
   (A) in clause (i), by inserting “relating to the national security interests of the United States” after “international fields”; and

10. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 1078(b)(2)(B) · 110 Stat. 2422

    1. Substituted · 50 U.S.C. § 1902(a)(1)(B)(ii)

       Pub. L. 104–201, § 1078(b)(2)(B), substituted “subsection (b)(2)(B)” for “subsection (b)(2)”

    2. Substituted · 50 U.S.C. § 1902(a)(1)(B)(ii)

       Pub. L. 104–201, § 1078(b)(2)(B), substituted “work in a national security position or work in” for “work for an agency or office of the Federal Government or in”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(ii). Pub. L. 104–201, § 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”.

    Enacted provision · exact public law section
    (B) in clause (ii)— (i) by striking out “subsection (b)(2)” and inserting in lieu thereof “subsection (b)(2)(B)”; and (ii) by striking out “work for an agency or office of the Federal Government or in” and inserting in lieu thereof “work in a national security position or work in”.

11. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 1078(c)(1) · 110 Stat. 2422

    Substituted · 50 U.S.C. § 1902(b)

    Pub. L. 104–201, § 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,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–201, § 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,”.

    Enacted provision · exact public law section
    (1) Subsection (b) of that section is amended in the matter preceding paragraph (1) by striking out “, or of scholarships” and all that follows through “12 months or more,” and inserting in lieu thereof “or any scholarship”.

12. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 1078(c)(2) · 110 Stat. 2422

    Amended · 50 U.S.C. § 1902(b)(2)

    Pub. L. 104–201, § 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”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 104–201, § 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”.

    Enacted provision · exact public law section
    (2) Paragraph (2) of that subsection is amended to read as follows: “(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, 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, 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”.

13. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 1078(d) · 110 Stat. 2422

    1. Added · 50 U.S.C. § 1902(c)(f)

       Pub. L. 104–201, § 1078(d), added subsec. (c)

    2. Redesignated · 50 U.S.C. § 1902(c)(f)

       Pub. L. 104–201, § 1078(d), redesignated former subsecs. (c) to (e) as (d) to (f), respectively

    Source evidence

    Code amendment note
    Subsecs. (c) to (f). Pub. L. 104–201, § 1078(d), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

    Enacted provision · exact public law section
    (d) Evaluation of Progress in Language Skills.— Such section is further amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection (c): “(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 title 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 title.”.

14. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 1078(f)(2) · 110 Stat. 2422

    Added · 50 U.S.C. § 1902(g)

    Pub. L. 104–201, § 1078(f)(2), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–201, § 1078(f)(2), added subsec. (g).

    Enacted provision · exact public law section
    (2) Section 802 of that Act (50 U.S.C. 1902), as amended by subsection (d)(1) of this section, is further amended by adding at the end the following new subsection: “(g) Records. Determination of Agencies and Offices of the 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 title 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 806(b)(6). “(2) Notwithstanding section 804, funds may not be made available from the Fund to carry out this title 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)”.

15. 1998

    Intelligence Authorization Act for Fiscal Year 1999

    Pub. L. 105–272 § 305(a)(2)(A) · 112 Stat. 2396

    Inserted · 50 U.S.C. § 1902(a)(1)(B)(i); 50 U.S.C. § 1902(a)(1)(B)(C); 50 U.S.C. § 1902(a)(1)(B)(4)

    Pub. L. 105–272, § 305(a)(2)(A), inserted “counterproliferation studies,” after “area studies,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(i), (C), (4). Pub. L. 105–272, § 305(a)(2)(A), inserted “counterproliferation studies,” after “area studies,”.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “counterproliferation studies,” after “area studies,” in paragraphs (1)(B)(i), (1)(C), and (4); and

16. 1998

    Intelligence Authorization Act for Fiscal Year 1999

    Pub. L. 105–272 § 305(a)(2)(B) · 112 Stat. 2396

    Inserted · 50 U.S.C. § 1902(b)(2)(A)(ii); 50 U.S.C. § 1902(b)(2)(B)(ii)

    Pub. L. 105–272, § 305(a)(2)(B), inserted “counterproliferation study,” after “area study,”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(ii), (B)(ii). Pub. L. 105–272, § 305(a)(2)(B), inserted “counterproliferation study,” after “area study,”.

    Enacted provision · exact public law section
    (B) in subsection (b)(2), by inserting “counterproliferation study,” after “area study,” in subparagraphs (A)(ii) and (B)(ii).

17. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 1332(b)(1) · 116 Stat. 2135

    1. Added · 50 U.S.C. § 1902(b)(2)(A)(ii)

       Pub. L. 107–296, § 1332(b)(1), added cl. (ii)

    2. Struck · 50 U.S.C. § 1902(b)(2)(A)(ii)

       Pub. L. 107–296, § 1332(b)(1), 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”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(ii). Pub. L. 107–296, § 1332(b)(1), 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”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking clause (ii) and inserting the following: “(ii) if the recipient demonstrates to the Secretary (in accordance with such regulations) that no national security position in an agency or office of the Federal Government having national security responsibilities is available, work in other offices or agencies of the Federal Government or in the field of higher education in a discipline relating to the foreign country, foreign language, area 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”; and

18. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 1332(b)(2) · 116 Stat. 2135

    1. Added · 50 U.S.C. § 1902(b)(2)(B)(ii)

       Pub. L. 107–296, § 1332(b)(2), added cl. (ii)

    2. Struck · 50 U.S.C. § 1902(b)(2)(B)(ii)

       Pub. L. 107–296, § 1332(b)(2), 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”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii). Pub. L. 107–296, § 1332(b)(2), 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”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking clause (ii) and inserting the following: “(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 other offices or agencies of the Federal Government or in the field of higher education in a discipline relating to foreign country, foreign language, area study, or international field of study for which the fellowship was awarded, for a period specified by the Secretary, which period shall be determined in accordance with clause (i); and”.

19. 2002

    Pub. L. 107–306 § 333(a)(1) · 116 Stat. 2383

    Added · 50 U.S.C. § 1902(a)(1)(D)

    Pub. L. 107–306, § 333(a)(1), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 107–306, § 333(a)(1), added subpar. (D).

    Enacted provision · exact public law section
    (1) Expansion of grant program authority.— Subsection (a)(1) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended— (A) by striking “and” at the end of subparagraph (B)(ii); (B) by striking the period at the end of subparagraph (C) and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(D) awarding grants to institutions of higher education to carry out activities under the National Flagship Language Initiative (described in subsection (i)).”.

20. 2002

    Pub. L. 107–306 § 333(a)(3) · 116 Stat. 2383

    Inserted · 50 U.S.C. § 1902(a)(2)

    Pub. L. 107–306, § 333(a)(3), 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 section 1911 of this title.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–306, § 333(a)(3), 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 section 1911 of this title.”

    Enacted provision · exact public law section
    (3) Inapplicability of funding allocation rules.— Subsection (a)(2) of such section is amended by adding at the end the following flush sentences: “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 section 811.”.

21. 2002

    Pub. L. 107–306 § 332 · 116 Stat. 2383

    Added · 50 U.S.C. § 1902(h)

    Pub. L. 107–306, § 332, added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 107–306, § 332, added subsec. (h).

    Enacted provision · exact public law section
    SEC. 332. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL SECURITY EDUCATION PROGRAM AND THE FOREIGN LANGUAGE CENTER OF THE DEFENSE LANGUAGE INSTITUTE. Section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended by adding at the end the following new subsection: “(h) Use of Awards to Attend the Foreign Language Center of the Defense Language Institute.— (1) The Secretary shall provide for the admission of award recipients to the Foreign Language Center of the Defense Language Institute (hereinafter in this subsection referred to as the ‘Center’). An award recipient may apply a portion of the applicable scholarship or fellowship award for instruction at the Center on a space-available basis as a Department of Defense sponsored program to defray the additive instructional costs. “(2) Except as the Secretary determines necessary, an award recipient who receives instruction at the Center shall be subject to the same regulations with respect to attendance, discipline, discharge, and dismissal as apply to other persons attending the Center. “(3) In this subsection, the term ‘award recipient’ means an undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has been awarded a fellowship under subsection (a)(1)(B) who— “(A) is in good standing; “(B) has completed all academic study in a foreign country, as provided for under the scholarship or fellowship; and “(C) would benefit from instruction provided at the Center”.

22. 2002

    Pub. L. 107–306 § 333(a)(2) · 116 Stat. 2383

    Added · 50 U.S.C. § 1902(i)

    Pub. L. 107–306, § 333(a)(2), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 107–306, § 333(a)(2), added subsec. (i).

    Enacted provision · exact public law section
    (2) Provisions of national flagship language initiative.— Such section, as amended by section 332, is further amended by adding at the end the following new subsection: “(i) National Flagship Language Initiative.— (1) Under the National Flagship Language Initiative, institutions of higher education shall establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the national security of the United States. “(2) An undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has been awarded a fellowship under subsection (a)(1)(B) may participate in the activities carried out under the National Flagship Language Initiative. “(3) An institution of higher education that receives a grant pursuant to subsection (a)(1)(D) shall give special consideration to applicants who are employees of the Federal Government. “(4) For purposes of this subsection, the Foreign Language Center of the Defense Language Institute and any other educational institution that provides training in foreign languages operated by the Department of Defense or an agency in the intelligence community is deemed to be an institution of higher education, and may carry out the types of activities permitted under the National Flagship Language Initiative.”.

23. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title IX § 925(a) · 117 Stat. 1392

    1. Added · 50 U.S.C. § 1902(b)(2)

       Pub. L. 108–136 added subpars. (A) and (B)

    2. Struck · 50 U.S.C. § 1902(b)(2)

       Pub. L. 108–136 struck out former subpars. (A) and (B) which also contained provisions relating to recipients of scholarships and fellowships, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–136 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.

    Enacted provision · exact public law section
    (a) In General.— Section 802(b)(2) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(b)(2)) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs (A) and (B): “(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” .

24. 2004

    Intelligence Authorization Act for Fiscal Year 2005

    Pub. L. 108–487 § 603(a)(1) · 118 Stat. 3939

    Added · 50 U.S.C. § 1902(a)(1)(E)

    Pub. L. 108–487, § 603(a)(1), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(E). Pub. L. 108–487, § 603(a)(1), added subpar. (E).

    Enacted provision · exact public law section
    (1) Subsection (a)(1) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended— (A) by striking “and” at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(E) awarding scholarships to students who— “(i) are United States citizens who— “(I) are native speakers (referred to as ‘heritage community citizens’) of a foreign language that is identified as critical to the national security interests of the United States who should be actively recruited for employment by Federal security agencies with a need for linguists; and “(II) are not proficient at a professional level in the English language with respect to reading, writing, and other skills required to carry out the national security interests of the United States, as determined by the Secretary, to enable such students to pursue English language studies at an institution of higher education of the United States to attain proficiency in those skills; and “(ii) enter into an agreement to work in a position in a similar manner (as determined by the Secretary) as agreements entered into pursuant to subsection (b)(2)(A).” .

    Effective date note
    Pub. L. 108–487, title VI, § 602(a)(2), Dec. 23, 2004, 118 Stat. 3953, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to training under section 802(i) [now 802(j)] of the David L. Boren National Security Act of 1991 [50 U.S.C. 1902(i), now 1902(j)] that begins on or after the date that is 90 days after the date of the enactment of this Act [Dec. 23, 2004].” Amendment by Pub. L. 108–487 effective Dec. 23, 2004, except as otherwise provided, see section 801 of Pub. L. 108–487, set out as a note under section 2656f of Title 22, Foreign Relations and Intercourse.

25. 2004

    Intelligence Authorization Act for Fiscal Year 2005

    Pub. L. 108–487 § 603(a)(2) · 118 Stat. 3939

    Inserted · 50 U.S.C. § 1902(a)(2)

    Pub. L. 108–487, § 603(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 section 1912 of this title.”, was executed to the concluding provisions of par. (2) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–487, § 603(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 section 1912 of this title.”, was executed to the concluding provisions of par. (2) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) The matter following subsection (a)(2) of such section is amended— (A) in the first sentence, by inserting “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 (B) by adding at the end the following: “For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 812.”.

    Effective date note
    Pub. L. 108–487, title VI, § 602(a)(2), Dec. 23, 2004, 118 Stat. 3953, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to training under section 802(i) [now 802(j)] of the David L. Boren National Security Act of 1991 [50 U.S.C. 1902(i), now 1902(j)] that begins on or after the date that is 90 days after the date of the enactment of this Act [Dec. 23, 2004].” Amendment by Pub. L. 108–487 effective Dec. 23, 2004, except as otherwise provided, see section 801 of Pub. L. 108–487, set out as a note under section 2656f of Title 22, Foreign Relations and Intercourse.

26. 2004

    Intelligence Authorization Act for Fiscal Year 2005

    Pub. L. 108–487 § 601(b) · 118 Stat. 3939

    Inserted · 50 U.S.C. § 1902(a)(2)

    Pub. L. 108–487, § 601(b), in introductory provisions, inserted “or from a transfer under section 1910(c) of this title” after “National Security Education Trust Fund”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–487, § 601(b), in introductory provisions, inserted “or from a transfer under section 1910(c) of this title” after “National Security Education Trust Fund”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 802(a)(2) of that Act (50 U.S.C. 1902(a)(2)) is amended in the matter preceding subparagraph (A) by inserting “or from a transfer under section 810(c)” after “National Security Education Trust Fund”.

    Effective date note
    Pub. L. 108–487, title VI, § 602(a)(2), Dec. 23, 2004, 118 Stat. 3953, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to training under section 802(i) [now 802(j)] of the David L. Boren National Security Act of 1991 [50 U.S.C. 1902(i), now 1902(j)] that begins on or after the date that is 90 days after the date of the enactment of this Act [Dec. 23, 2004].” Amendment by Pub. L. 108–487 effective Dec. 23, 2004, except as otherwise provided, see section 801 of Pub. L. 108–487, set out as a note under section 2656f of Title 22, Foreign Relations and Intercourse.

27. 2004

    Intelligence Authorization Act for Fiscal Year 2005

    Pub. L. 108–487 § 602(a)(1) · 118 Stat. 3939

    Added · 50 U.S.C. § 1902(i)(5); 50 U.S.C. § 1902(i)(6)

    Pub. L. 108–487, § 602(a)(1), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsecs. (i)(5), (6). Pub. L. 108–487, § 602(a)(1), added pars. (5) and (6).

    Enacted provision · exact public law section
    (1) Section 802(i) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(i)) is amended by adding at the end the following new paragraphs: “(5) An undergraduate or graduate student who participates in training in a program under paragraph (1) and has not already entered into a service agreement under subsection (b) shall enter into a service agreement under subsection (b) applicable to an undergraduate or graduate student, as the case may be, with respect to participation in such training in a program under paragraph (1). “(6) (A) An employee of a department or agency of the Federal Government who participates in training in a program under paragraph (1) shall agree in writing— “(i) to continue in the service of the department or agency of the Federal Government employing the employee for the period of such training; “(ii) to continue in the service of such department or agency, following completion by the employee of such training, for a period of two years for each year, or part of the year, of such training; “(iii) if, before the completion by the employee of such training, the employment of the employee is terminated by such department or agency due to misconduct by the employee, or by the employee voluntarily, to reimburse the United States for the total cost of such training (excluding the employee’s pay and allowances) provided to the employee; and “(iv) if, after the completion by the employee of such training but before the completion by the employee of the period of service required by clause (ii), the employment of the employee by such department or agency is terminated either by such department or agency due to misconduct by the employee, or by the employee voluntarily, to reimburse the United States in an amount that bears the same ratio to the total cost of such training (excluding the employee’s pay and allowances) provided to the employee as the unserved portion of such period of service bears to the total period of service required by clause (ii). “(C) Subject to subparagraph (D), the obligation to reimburse the United States under an agreement under subparagraph (A) is for all purposes a debt owing the United States. “(D) The head of the element of the intelligence community concerned may release an employee, in whole or in part, from the obligation to reimburse the United States under an agreement under subparagraph (A) when, in the discretion of the head of the element, the head of the element determines that equity or the interests of the United States so require.” .

    Effective date note
    Pub. L. 108–487, title VI, § 602(a)(2), Dec. 23, 2004, 118 Stat. 3953, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to training under section 802(i) [now 802(j)] of the David L. Boren National Security Act of 1991 [50 U.S.C. 1902(i), now 1902(j)] that begins on or after the date that is 90 days after the date of the enactment of this Act [Dec. 23, 2004].” Amendment by Pub. L. 108–487 effective Dec. 23, 2004, except as otherwise provided, see section 801 of Pub. L. 108–487, set out as a note under section 2656f of Title 22, Foreign Relations and Intercourse.

28. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 945(a) · 120 Stat. 2083

    Amended · 50 U.S.C. § 1902(b)(2)

    Pub. L. 109–364, § 945(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “will—

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 109–364, § 945(a), 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”.

    Enacted provision · exact public law section
    (a) Expansion of Employment Creditable Under Service Agreements.— Paragraph (2) of subsection (b) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended to read as follows: “(2) (A) Deadline. will (in accordance with regulations prescribed by the Secretary of Defense in coordination with the heads of the other Federal departments and agencies concerned) begin work not later than three years after the recipient’s completion of degree study during which scholarship assistance was provided under the program— “(i) for not less than one year in a position certified by the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State (as appropriate), as contributing to the national security of the United States in the Department of Defense, any element of the intelligence community, the Department of Homeland Security, or the Department of State; or “(ii) for not less than one year in a position in a Federal agency or office that is identified by the Secretary of Defense under subsection (g) as having national security responsibilities if the recipient demonstrates to the Secretary that no position is available in the departments and agencies covered by clause (i); or “(B) will (in accordance with such regulations) begin work not later than two years after the recipient’s completion or termination of study for which fellowship assistance was provided under the program— “(i) for not less than one year in a position certified by the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State (as appropriate), as contributing to the national security of the United States in the Department of Defense, any element of the intelligence community, the Department of Homeland Security, or the Department of State; or “(ii) for not less than one year in a position in a Federal agency or office that is identified by the Secretary of Defense under subsection (g) as having national security responsibilities if the recipient demonstrates to the Secretary that no position is available in the departments and agencies covered by clause (i); and” .

29. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 945(b) · 120 Stat. 2083

    1. Added · 50 U.S.C. § 1902(h)(j)

       Pub. L. 109–364, § 945(b), added subsec. (h)

    2. Redesignated · 50 U.S.C. § 1902(h)(j)

       Pub. L. 109–364, § 945(b), redesignated former subsecs. (h) and (i) as (i) and (j), respectively

    Source evidence

    Code amendment note
    Subsecs. (h) to (j). Pub. L. 109–364, § 945(b), added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

    Enacted provision · exact public law section
    (b) Temporary Employment and Retention of Certain Participants.— Such section is further amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following new subsection (h): “(h) Temporary Employment and Retention of Certain Participants.— “(1) In general.— The Secretary of Defense may— “(A) appoint or retain a person provided scholarship or fellowship assistance under the program in a position in the Department of Defense on an interim basis during the period of the person’s pursuit of a degree under the program and for a period not to exceed two years after completion of the degree, but only if, in the case of the period after completion of the degree, there is an active investigation to provide security clearance to the person for an appropriate permanent position in the Department of Defense under subsection (b)(2); and “(B) if there is no appropriate permanent position available for the person after the end of the periods described in subparagraph (A), separate the person from employment with the Department without regard to any other provision of law, in which event the service agreement of the person under subsection (b) shall terminate. “(2) 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).” .

30. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 953(1) · 122 Stat. 3

    Added · 50 U.S.C. § 1902(b)(2)(A)(iii)

    Pub. L. 110–181, § 953(1), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(iii). Pub. L. 110–181, § 953(1), added cl. (iii).

    Enacted provision · exact public law section
    (1) in subparagraph (A)— (A) in clause (i) by striking “or” at the end; and (B) by adding at the end the following: “(iii) for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); or” ; and

31. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 953(2) · 122 Stat. 3

    Added · 50 U.S.C. § 1902(b)(2)(B)(iii)

    Pub. L. 110–181, § 953(2), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(iii). Pub. L. 110–181, § 953(2), added cl. (iii).

    Enacted provision · exact public law section
    (2) in subparagraph (B)— (A) in clause (i) by striking “or” at the end; (B) in clause (ii) by striking “and” at the end and inserting “or”; and (C) by adding at the end the following: “(iii) for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); and” .

32. 2009

    National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. A title XI § 1101 · 123 Stat. 2190

    Added · 50 U.S.C. § 1902(k)

    Pub. L. 111–84 added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 111–84 added subsec. (k).

    Enacted provision · exact public law section
    SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COMPLETING THE NATIONAL SECURITY EDUCATION PROGRAM.   Section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended by adding at the end the following new subsection: “(k) Employment of Program Participants.— 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.” .

33. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title IX § 956 · 126 Stat. 1632

    Amended · 50 U.S.C. § 1902(k)

    Pub. L. 112–239 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—

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 112–239 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.”

    Enacted provision · exact public law section
    SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL HIRING FOLLOWING COMPLETION OF NATIONAL SECURITY EDUCATION PROGRAM SCHOLARSHIP.    Section 802(k) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(k)) is amended to read as follows: “(k) Employment of Program Participants.— “(1) Appointment authority.— 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— “(A) may, without regard to any provision of title 5, United States Code, governing appointments in the competitive service, appoint an eligible program participant— “(i) to a position in the excepted service that is certified by the Secretary of Defense under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or “(ii) subject to clause (ii) of such subsection, to a position in the excepted service in such Federal agency or office identified by the Secretary; and “(B) 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 subparagraph (A), convert the appointment of such individual, without competition, to a career or career-conditional appointment. “(2) Treatment of certain service.— In the case of an eligible program participant described in clause (ii) or (iii) of paragraph (3)(C) who receives an appointment under paragraph (1)(A), the head of a Department or Federal agency or office referred to in paragraph (1) may count any period that the individual served in a position with the Federal Government toward satisfaction of the service requirement under paragraph (1)(B) if that service— “(A) in the case of an appointment under clause (i) of paragraph (1)(A), was in a position that is identified under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or “(B) in the case of an appointment under clause (ii) of paragraph (1)(A), was in the Federal agency or office in which the appointment under that clause is made. “(3) Eligible program participant defined.— In this subsection, the term ‘eligible program participant’ means an individual who— “(A) has successfully completed an academic program for which a scholarship or fellowship under this section was awarded; “(B) has not previously been appointed to the excepted service position under paragraph (1)(A); and “(C) at the time of the appointment of the individual to an excepted service position under paragraph (1)(A)— “(i) under the terms of the agreement for such scholarship or fellowship, owes a service commitment to a Department or Federal agency or office referred to in paragraph (1); “(ii) is employed by the Federal Government under a non-permanent appointment to a position in the excepted service that has national security responsibilities; or “(iii) is a former civilian employee of the Federal Government who has less than a one-year break in service from the last period of Federal employment of such individual in a non-permanent appointment in the excepted service with national security responsibilities.” .

34. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1625(2) · 131 Stat. 1283

    Substituted · 50 U.S.C. § 1902(k)(2)

    Pub. L. 115–91, § 1625(2), substituted “paragraph (4)(C)” for “paragraph (3)(C)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 115–91, § 1625(2), substituted “paragraph (4)(C)” for “paragraph (3)(C)” in introductory provisions.

    Enacted provision · exact public law section
    (2) in paragraph (2), in the matter before subparagraph (A), by striking “(3)(C)” and inserting “(4)(C)”; and

35. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1625(1) · 131 Stat. 1283

    1. Added · 50 U.S.C. § 1902(k)(3); 50 U.S.C. § 1902(k)(4)

       Pub. L. 115–91, § 1625(1), (3), added par. (3)

    2. Redesignated · 50 U.S.C. § 1902(k)(3); 50 U.S.C. § 1902(k)(4)

       Pub. L. 115–91, § 1625(1), (3), redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (k)(3), (4). Pub. L. 115–91, § 1625(1), (3), added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (1) by redesignating paragraph (3) as paragraph (4);

36. 2023

    Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. G title IX § 7901(c)(1) · 137 Stat. 136

    1. Redesignated · 50 U.S.C. § 1902(j)(6)(B)(D)

       Pub. L. 118–31 redesignated subpars. (C) and (D) as (B) and (C), respectively

    2. Redesignated · 50 U.S.C. § 1902(j)(6)(B)(D)

       Pub. L. 118–31 substituted “subparagraph (C)” for “subparagraph (D)” in subpar. (B), as redesignated

    Source evidence

    Code amendment note
    Subsec. (j)(6)(B) to (D). Pub. L. 118–31 redesignated subpars. (C) and (D) as (B) and (C), respectively, and substituted “subparagraph (C)” for “subparagraph (D)” in subpar. (B), as redesignated.

    Enacted provision · exact public law section
    (1) in section 802(j)(6) (50 U.S.C. 1902(j)(6))— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (B) in subparagraph (B), as so redesignated, by striking “subparagraph (D)” and inserting “subparagraph (C)”;

45 of 45 references resolved to an enrolled provision