US (United States) Code. Title 50. Chapter 37: National security scholarships, fellowships and grants

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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-CITE-

50 USC CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS,

FELLOWSHIPS, AND GRANTS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND

GRANTS

-MISC1-

Sec.

1901. Short title, findings, and purposes.

(a) Short title.

(b) Findings.

(c) Purposes.

1902. Scholarship, fellowship, and grant program.

(a) Program required.

(b) Service agreement.

(c) Evaluation of progress in language skills.

(d) Distribution of assistance.

(e) Merit review.

(f) Limitation on use of program participants.

(g) Determination of agencies and offices of

Federal Government having national security

responsibilities.

(h) Use of awards to attend the Foreign Language

Center of the Defense Language Institute.

(i) National Flagship Language Initiative.

1903. National Security Education Board.

(a) Establishment.

(b) Composition.

(c) Term of appointees.

(d) Functions.

1904. National Security Education Trust Fund.

(a) Establishment of Fund.

(b) Availability of sums in Fund.

(c) Investment of Fund assets.

(d) Authority to sell obligations.

(e) Amounts credited to Fund.

1905. Regulations and administrative provisions.

(a) Regulations.

(b) Acceptance and use of gifts.

(c) Voluntary services.

(d) Necessary expenditures.

1906. Annual report.

(a) Annual report.

(b) Contents of report.

(c) Submission of initial report.

(d) Consultation.

1907. General Accounting Office audits.

1908. Definitions.

1909. Fiscal year 1992 funding.

(a) Authorization of appropriations to Fund.

(b) Authorization of obligations from Fund.

1910. Funding.

(a) Fiscal years 1993 and 1994.

(b) Fiscal years 1995 and 1996.

1911. Additional annual authorization of appropriations.

(a) In general.

(b) Availability of appropriated funds.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 415b of this title.

-End-

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50 USC Sec. 1901 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1901. Short title, findings, and purposes

-STATUTE-

(a) Short title

This chapter may be cited as the "David L. Boren National

Security Education Act of 1991".

(b) Findings

The Congress makes the following findings:

(1) The security of the United States is and will continue to

depend on the ability of the United States to exercise

international leadership.

(2) The ability of the United States to exercise international

leadership is, and will increasingly continue to be, based on the

political and economic strength of the United States, as well as

on United States military strength around the world.

(3) Recent changes in the world pose threats of a new kind to

international stability as Cold War tensions continue to decline

while economic competition, regional conflicts, terrorist

activities, and weapon proliferations have dramatically

increased.

(4) The future national security and economic well-being of the

United States will depend substantially on the ability of its

citizens to communicate and compete by knowing the languages and

cultures of other countries.

(5) The Federal Government has an interest in ensuring that the

employees of its departments and agencies with national security

responsibilities are prepared to meet the challenges of this

changing international environment.

(6) The Federal Government also has an interest in taking

actions to alleviate the problem of American undergraduate and

graduate students being inadequately prepared to meet the

challenges posed by increasing global interaction among nations.

(7) American colleges and universities must place a new

emphasis on improving the teaching of foreign languages, area

studies, counterproliferation studies, and other international

fields to help meet those challenges.

(c) Purposes

The purposes of this chapter are as follows:

(1) To provide the necessary resources, accountability, and

flexibility to meet the national security education needs of the

United States, especially as such needs change over time.

(2) To increase the quantity, diversity, and quality of the

teaching and learning of subjects in the fields of foreign

languages, area studies, counterproliferation studies, and other

international fields that are critical to the Nation's interest.

(3) To produce an increased pool of applicants for work in the

departments and agencies of the United States Government with

national security responsibilities.

(4) To expand, in conjunction with other Federal programs, the

international experience, knowledge base, and perspectives on

which the United States citizenry, Government employees, and

leaders rely.

(5) To permit the Federal Government to advocate the cause of

international education.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 801, Dec. 4, 1991, 105 Stat.

1271; Pub. L. 102-496, title IV, Sec. 404(a), Oct. 24, 1992, 106

Stat. 3185; Pub. L. 105-272, title III, Sec. 305(a)(1), Oct. 20,

1998, 112 Stat. 2400.)

-MISC1-

AMENDMENTS

1998 - Subsecs. (b)(7), (c)(2). Pub. L. 105-272 inserted

"counterproliferation studies," after "area studies,".

1992 - Subsec. (a). Pub. L. 102-496 amended subsec. (a)

generally, inserting "David L. Boren".

-End-

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50 USC Sec. 1902 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1902. Scholarship, fellowship, and grant program

-STATUTE-

(a) Program required

(1) In general

The Secretary of Defense shall carry out a program for -

(A) awarding scholarships to undergraduate students who -

(i) are United States citizens in order to enable such

students to study, for at least one academic semester or

equivalent term, in foreign countries that are critical

countries (as determined under section 1903(d)(4)(A) of this

title) in those languages and study areas where deficiencies

exist (as identified in the assessments undertaken pursuant

to section 1906(d) of this title); and

(ii) pursuant to subsection (b)(2)(A) of this section,

enter into an agreement to work in a national security

position or work in the field of higher education in the area

of study for which the scholarship was awarded;

(B) awarding fellowships to graduate students who -

(i) are United States citizens to enable such students to

pursue education as part of a graduate degree program of a

United States institution of higher education in the

disciplines of foreign languages, area studies,

counterproliferation studies, and other international fields

relating to the national security interests of the United

States that are critical areas of those disciplines (as

determined under section 1903(d)(4)(B) of this title) and in

which deficiencies exist (as identified in the assessments

undertaken pursuant to section 1906(d) of this title); and

(ii) pursuant to subsection (b)(2)(B) of this section,

enter into an agreement to work in a national security

position or work in the field of education in the area of

study for which the fellowship was awarded;

(C) awarding grants to institutions of higher education to

enable such institutions to establish, operate, or improve

programs in foreign languages, area studies,

counterproliferation studies, and other international fields

that are critical areas of those disciplines (as determined

under section 1903(d)(4)(C) of this title); and

(D) awarding grants to institutions of higher education to

carry out activities under the National Flagship Language

Initiative (described in subsection (i) of this section).

(2) Funding allocations

Of the amount available for obligation out of the National

Security Education Trust Fund for any fiscal year for the

purposes stated in paragraph (1), the Secretary shall have a goal

of allocating -

(A) 1/3 of such amount for the awarding of scholarships

pursuant to paragraph (1)(A);

(B) 1/3 of such amount for the awarding of fellowships

pursuant to paragraph (1)(B); and

(C) 1/3 of such amount for the awarding of grants pursuant

to paragraph (1)(C).

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) of this section. For the

authorization of appropriations for the National Flagship

Language Initiative, see section 1911 of this title.

(3) Consultation with National Security Education Board

The program required under this chapter shall be carried out in

consultation with the National Security Education Board

established under section 1903 of this title.

(4) Contract authority

The Secretary may enter into one or more contracts, with

private national organizations having an expertise in foreign

languages, area studies, counterproliferation studies, and other

international fields, for the awarding of the scholarships,

fellowships, and grants described in paragraph (1) in accordance

with the provisions of this chapter. The Secretary may enter into

such contracts without regard to section 5 of title 41 or any

other provision of law that requires the use of competitive

procedures. In addition, the Secretary may enter into personal

service contracts for periods up to one year for program

administration, except that not more than 10 such contracts may

be in effect at any one time.

(b) Service agreement

In awarding a scholarship or fellowship under the program, the

Secretary or contract organization referred to in subsection (a)(4)

of this section, as the case may be, shall require a recipient of

any fellowship or any scholarship to enter into an agreement that,

in return for such assistance, the recipient -

(1) will maintain satisfactory academic progress, as determined

in accordance with regulations issued by the Secretary, and

agrees that failure to maintain such progress shall constitute

grounds upon which the Secretary or contract organization

referred to in subsection (a)(4) of this section may terminate

such assistance;

(2) will -

(A) not later than eight years after such recipient's

completion of the study for which scholarship assistance was

provided under the program, and in accordance with regulations

issued by the Secretary -

(i) work in a national security position for a period

specified by the Secretary, which period shall be no longer

than the period for which scholarship assistance was

provided; or

(ii) if the recipient demonstrates to the Secretary (in

accordance with such regulations) that no national security

position 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

(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 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

(3) if the recipient fails to meet either of the obligations

set forth in paragraph (1) or (2), will reimburse the United

States Government for the amount of the assistance provided the

recipient under the program, together with interest at a rate

determined in accordance with regulations issued by the

Secretary.

(c) Evaluation of progress in language skills

The Secretary shall, through the National Security Education

Program office, administer a test of the foreign language skills of

each recipient of a scholarship or fellowship under this chapter

before the commencement of the study or education for which the

scholarship or fellowship is awarded and after the completion of

such study or education. The purpose of these tests is to evaluate

the progress made by recipients of scholarships and fellowships in

developing foreign language skills as a result of assistance under

this chapter.

(d) Distribution of assistance

In selecting the recipients for awards of scholarships,

fellowships, or grants pursuant to this chapter, the Secretary or a

contract organization referred to in subsection (a)(4) of this

section, as the case may be, shall take into consideration (1) the

extent to which the selections will result in there being an

equitable geographic distribution of such scholarships,

fellowships, or grants (as the case may be) among the various

regions of the United States, and (2) the extent to which the

distribution of scholarships and fellowships to individuals

reflects the cultural, racial, and ethnic diversity of the

population of the United States.

(e) Merit review

The Secretary shall award scholarships, fellowships, and grants

under the program based upon a merit review process.

(f) Limitation on use of program participants

No person who receives a grant, scholarship, or fellowship or any

other type of assistance under this chapter shall, as a condition

of receiving such assistance or under any other circumstances, be

used by any department, agency, or entity of the United States

Government engaged in intelligence activities to undertake any

activity on its behalf during the period such person is pursuing a

program of education for which funds are provided under the program

carried out under this chapter.

(g) Determination of agencies and offices of Federal Government

having national security responsibilities

(1) The Secretary, in consultation with the Board, shall annually

determine and develop a list identifying each agency or office of

the Federal Government having national security responsibilities at

which a recipient of a fellowship or scholarship under this chapter

will be able to make the recipient's foreign area and language

skills available to such agency or office. The Secretary shall

submit the first such list to the Congress and include each

subsequent list in the annual report to the Congress, as required

by section 1906(b)(6) of this title.

(2) Notwithstanding section 1904 of this title, funds may not be

made available from the Fund to carry out this chapter for fiscal

year 1997 until 30 days after the date on which the Secretary of

Defense submits to the Congress the first such list required by

paragraph (1).

(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) of this section or a graduate student who has

been awarded a fellowship under subsection (a)(1)(B) of this

section 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.

(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) of this section or a graduate student

who has been awarded a fellowship under subsection (a)(1)(B) of

this section 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) of this section 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.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 802, Dec. 4, 1991, 105 Stat.

1271; Pub. L. 102-496, title IV, Sec. 404(b), (c), Oct. 24, 1992,

106 Stat. 3185; Pub. L. 103-178, title III, Sec. 311(b)(2), (d),

Dec. 3, 1993, 107 Stat. 2037; Pub. L. 104-201, div. A, title X,

Sec. 1078(b)-(d), (f)(2), Sept. 23, 1996, 110 Stat. 2664-2666; Pub.

L. 105-272, title III, Sec. 305(a)(2), Oct. 20, 1998, 112 Stat.

2400; Pub. L. 107-296, title XIII, Sec. 1332(b), Nov. 25, 2002, 116

Stat. 2300; Pub. L. 107-306, title III, Secs. 332, 333(a)(1)-(3),

Nov. 27, 2002, 116 Stat. 2395, 2396.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1)(D). Pub. L. 107-306, Sec. 333(a)(1), added

subpar. (D).

Subsec. (a)(2). Pub. L. 107-306, Sec. 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) of this section. For the

authorization of appropriations for the National Flagship Language

Initiative, see section 1911 of this title."

Subsec. (b)(2)(A)(ii). Pub. L. 107-296, Sec. 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".

Subsec. (b)(2)(B)(ii). Pub. L. 107-296, Sec. 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".

Subsec. (h). Pub. L. 107-306, Sec. 332, added subsec. (h).

Subsec. (i). Pub. L. 107-306, Sec. 333(a)(2), added subsec. (i).

1998 - Subsec. (a)(1)(B)(i), (C), (4). Pub. L. 105-272, Sec.

305(a)(2)(A), inserted "counterproliferation studies," after "area

studies,".

Subsec. (b)(2)(A)(ii), (B)(ii). Pub. L. 105-272, Sec.

305(a)(2)(B), inserted "counterproliferation study," after "area

study,".

1996 - Subsec. (a)(1)(A). Pub. L. 104-201, Sec. 1078(b)(1),

amended subpar. (A) generally. Prior to amendment, subpar. (A) read

as follows: "awarding scholarships to undergraduate students who

are United States citizens in order to enable such students to

study, for at least one academic semester or equivalent term, in

foreign countries that are critical countries (as determined under

section 1903(d)(4)(A) of this title) in those language and study

areas where deficiencies exist (as identified in the assessments

undertaken pursuant to section 1906(d) of this title);".

Subsec. (a)(1)(B)(i). Pub. L. 104-201, Sec. 1078(b)(2)(A),

inserted "relating to the national security interests of the United

States" after "international fields".

Subsec. (a)(1)(B)(ii). Pub. L. 104-201, Sec. 1078(b)(2)(B),

substituted "subsection (b)(2)(B)" for "subsection (b)(2)" and

"work in a national security position or work in" for "work for an

agency or office of the Federal Government or in".

Subsec. (b). Pub. L. 104-201, Sec. 1078(c)(1), in introductory

provisions, substituted "or any scholarship" for ", or of

scholarships that provide assistance for periods that aggregate 12

months or more,".

Subsec. (b)(2). Pub. L. 104-201, Sec. 1078(c)(2), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "will,

upon completion of such recipient's baccalaureate degree or

education under the program, as the case may be, and in accordance

with regulations issued by the Secretary, work for the Federal

Government or in the field of education in the area of study for

which the scholarship or fellowship was awarded for a period

specified by the Secretary, which period for the recipients of

scholarships shall be no more than the same period for which

scholarship assistance was provided and for the recipients of

fellowships shall be not less than one and not more than three

times the period for which the fellowship assistance was provided;

and".

Subsecs. (c) to (f). Pub. L. 104-201, Sec. 1078(d), added subsec.

(c) and redesignated former subsecs. (c) to (e) as (d) to (f),

respectively.

Subsec. (g). Pub. L. 104-201, Sec. 1078(f)(2), added subsec. (g).

1993 - Subsec. (a)(1)(A). Pub. L. 103-178, Sec. 311(b)(2)(A),

(d), struck out comma after "term," and inserted before semicolon

at end "in those language and study areas where deficiencies exist

(as identified in the assessments undertaken pursuant to section

1906(d) of this title)".

Subsec. (a)(1)(B)(i). Pub. L. 103-178, Sec. 311(b)(2)(B),

inserted before semicolon at end "and in which deficiencies exist

(as identified in the assessments undertaken pursuant to section

1906(d) of this title)".

1992 - Subsec. (a)(1)(A). Pub. L. 102-496, Sec. 404(b)(1),

inserted "or equivalent term," after "semester".

Subsec. (a)(1)(B)(i). Pub. L. 102-496, Sec. 404(b)(2),

substituted "as part of a graduate degree program of a United

States institution of higher education" for "in the United States".

Subsec. (a)(4). Pub. L. 102-496, Sec. 404(b)(3), inserted at end

"In addition, the Secretary may enter into personal service

contracts for periods up to one year for program administration,

except that not more than 10 such contracts may be in effect at any

one time."

Subsecs. (e), (f). Pub. L. 102-496, Sec. 404(c), redesignated

subsec. (f) as (e) and struck out former subsec. (e) which read as

follows: "The Secretary shall administer the program through the

Defense Intelligence College."

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-306, title III, Sec. 333(c), Nov. 27, 2002, 116 Stat.

2397, provided that: "The amendments made by this section [enacting

section 1911 of this title and amending this section and section

1903 of this title] shall take effect on the date the Secretary of

Defense submits the report required under section 334 of this Act

[116 Stat. 2397] and notifies the appropriate committees of

Congress (as defined in subsection (c) of that section) that the

programs carried out under the David L. Boren National Security

Education Act of 1991 [50 U.S.C. 1901 et seq.] are being managed in

a fiscally and programmatically sound manner."

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

CONSTRUCTION

Pub. L. 107-306, title III, Sec. 333(d), Nov. 27, 2002, 116 Stat.

2397, provided that: "Nothing in this section [enacting section

1911 of this title, amending this section and section 1903 of this

title, and enacting provisions set out as notes under this section]

shall be construed as affecting any program or project carried out

under the David L. Boren National Security Education Act of 1991

[50 U.S.C. 1901 et seq.] as in effect on the date that precedes the

date of the enactment of this Act [Nov. 27, 2002]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1903, 1904, 1906, 1908,

1911 of this title.

-End-

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50 USC Sec. 1903 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1903. National Security Education Board

-STATUTE-

(a) Establishment

The Secretary of Defense shall establish a National Security

Education Board.

(b) Composition

The Board shall be composed of the following individuals or the

representatives of such individuals:

(1) The Secretary of Defense, who shall serve as the chairman

of the Board.

(2) The Secretary of Education.

(3) The Secretary of State.

(4) The Secretary of Commerce.

(5) The Director of Central Intelligence.

(6) The Chairperson of the National Endowment for the

Humanities.

(7) Six individuals appointed by the President, by and with the

advice and consent of the Senate, who shall be experts in the

fields of international, language, area, and counterproliferation

studies education and who may not be officers or employees of the

Federal Government.

(c) Term of appointees

Each individual appointed to the Board pursuant to subsection

(b)(6) of this section shall be appointed for a period specified by

the President at the time of the appointment, but not to exceed

four years. Such individuals shall receive no compensation for

service on the Board but may receive reimbursement for travel and

other necessary expenses.

(d) Functions

The Board shall perform the following functions:

(1) Develop criteria for awarding scholarships, fellowships,

and grants under this chapter, including an order of priority in

such awards that favors individuals expressing an interest in

national security issues or pursuing a career in a national

security position.

(2) Provide for wide dissemination of information regarding the

activities assisted under this chapter.

(3) Establish qualifications for students desiring scholarships

or fellowships, and institutions of higher education desiring

grants, under this chapter, including, in the case of students

desiring a scholarship or fellowship, a requirement that the

student have a demonstrated commitment to the study of the

discipline for which the scholarship or fellowship is to be

awarded.

(4) After taking into account the annual analyses of trends in

language, international, area, and counterproliferation studies

under section 1906(b)(1) of this title, make recommendations to

the Secretary regarding -

(A) which countries are not emphasized in other United States

study abroad programs, such as countries in which few United

States students are studying and countries which are of

importance to the national security interests of the United

States, and are, therefore, critical countries for the purposes

of section 1902(a)(1)(A) of this title;

(B) which areas within the disciplines described in section

1902(a)(1)(B) of this title relating to the national security

interests of the United States are areas of study in which

United States students are deficient in learning and are,

therefore, critical areas within those disciplines for the

purposes of that section;

(C) which areas within the disciplines described in section

1902(a)(1)(C) of this title are areas in which United States

students, educators, and Government employees are deficient in

learning and in which insubstantial numbers of United States

institutions of higher education provide training and are,

therefore, critical areas within those disciplines for the

purposes of that section;

(D) how students desiring scholarships or fellowships can be

encouraged to work for an agency or office of the Federal

Government involved in national security affairs or national

security policy upon completion of their education; and

(E) which foreign languages are critical to the national

security interests of the United States for purposes of section

1902(a)(1)(D) of this title (relating to grants for the

National Flagship Language Initiative).

(5) Encourage applications for fellowships under this chapter

from graduate students having an educational background in any

academic discipline, particularly in the areas of science or

technology.

(6) Provide the Secretary biennially with a list of scholarship

recipients and fellowship recipients, including an assessment of

their foreign area and language skills, who are available to work

in a national security position.

(7) Not later than 30 days after a scholarship or fellowship

recipient completes the study or education for which assistance

was provided under the program, provide the Secretary with a

report fully describing the foreign area and language skills

obtained by the recipient as a result of the assistance.

(8) Review the administration of the program required under

this chapter.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 803, Dec. 4, 1991, 105 Stat.

1273; Pub. L. 102-496, title IV, Sec. 404(d), Oct. 24, 1992, 106

Stat. 3186; Pub. L. 104-201, div. A, title X, Sec. 1078(e), Sept.

23, 1996, 110 Stat. 2666; Pub. L. 105-272, title III, Sec.

305(a)(3), (b), Oct. 20, 1998, 112 Stat. 2401; Pub. L. 105-277,

div. G, title XIII, Sec. 1335(g), Oct. 21, 1998, 112 Stat.

2681-788; Pub. L. 107-306, title III, Sec. 333(a)(4), Nov. 27,

2002, 116 Stat. 2396.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(4)(E). Pub. L. 107-306 added subpar. (E).

1998 - Subsec. (b)(6). Pub. L. 105-277, Sec. 1335(g)(1),

redesignated par. (7) as (6) and struck out former par. (6) which

read as follows: "The Secretary of Energy."

Pub. L. 105-272, Sec. 305(b), amended par. (6) generally. Prior

to amendment, par. (6) read as follows: "The Director of the United

States Information Agency."

Subsec. (b)(7). Pub. L. 105-277, Sec. 1335(g)(1)(B), redesignated

par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (b)(8). Pub. L. 105-277, Sec. 1335(g)(1)(B), redesignated

par. (8) as (7).

Pub. L. 105-272, Sec. 305(a)(3), substituted "area, and

counterproliferation" for "and area".

Subsec. (c). Pub. L. 105-277, Sec. 1335(g)(2), substituted

"subsection (b)(6)" for "subsection (b)(7)".

Subsec. (d)(4). Pub. L. 105-272, Sec. 305(a)(3), substituted

"area, and counterproliferation" for "and area" in introductory

provisions.

1996 - Subsec. (d)(1). Pub. L. 104-201, Sec. 1078(e)(1), inserted

before period at end ", including an order of priority in such

awards that favors individuals expressing an interest in national

security issues or pursuing a career in a national security

position".

Subsec. (d)(4). Pub. L. 104-201, Sec. 1078(e)(2)(A), in

introductory provisions, substituted "After taking into account the

annual analyses of trends in language, international, and area

studies under section 1906(b)(1) of this title, make

recommendations" for "Make recommendations".

Subsec. (d)(4)(A). Pub. L. 104-201, Sec. 1078(e)(2)(B),

substituted "and countries which are of importance to the national

security interests of the United States" after "are studying".

Subsec. (d)(4)(B). Pub. L. 104-201, Sec. 1078(e)(2)(C),

substituted "relating to the national security interests of the

United States" after "section 1902(a)(1)(B) of this title".

Subsec. (d)(5) to (8). Pub. L. 104-201, Sec. 1078(e)(3), (4),

added pars. (5) to (7) and redesignated former par. (5) as (8).

1992 - Subsec. (b)(7). Pub. L. 102-496, Sec. 404(d)(2), added

par. (7). Former par. (7) redesignated (8).

Subsec. (b)(8). Pub. L. 102-496, Sec. 404(d)(1), (3),

redesignated par. (7) as (8), substituted "Six individuals" for

"Four individuals", and inserted before period at end "and who may

not be officers or employees of the Federal Government".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-306 effective on the date the Secretary

of Defense submits the report required under section 334 of Pub. L.

107-306 and notifies the appropriate committees of Congress that

the programs carried out under this chapter are being managed in a

fiscally and programmatically sound manner, see section 333(c) of

Pub. L. 107-306, set out as a note under section 1902 of this

title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective on earlier of Oct. 1,

1999, or date of abolition of the United States Information Agency

pursuant to reorganization plan described in section 6601 of Title

22, Foreign Relations and Intercourse, see section 1301 of Pub. L.

105-277, set out as an Effective Date note under section 6531 of

Title 22.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1902, 1906, 1908 of this

title.

-End-

-CITE-

50 USC Sec. 1904 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1904. National Security Education Trust Fund

-STATUTE-

(a) Establishment of Fund

There is established in the Treasury of the United States a trust

fund to be known as the "National Security Education Trust Fund".

The assets of the Fund consist of amounts appropriated to the Fund

and amounts credited to the Fund under subsection (e) of this

section.

(b) Availability of sums in Fund

Sums in the Fund shall, to the extent provided in appropriations

Acts, be available -

(1) for awarding scholarships, fellowships, and grants in

accordance with the provisions of this chapter; and

(2) for properly allocable costs of the Federal Government for

the administration of the program under this chapter.

(c) Investment of Fund assets

The Secretary of the Treasury shall invest in full the amount in

the Fund that is not immediately necessary for expenditure. Such

investments may be made only in interest-bearing obligations of the

United States or in obligations guaranteed as to both principal and

interest by the United States. For such purpose, such obligations

may be acquired on original issue at the issue price or by purchase

of outstanding obligations at the market price. The purposes for

which obligations of the United States may be issued under chapter

31 of title 31 are hereby extended to authorize the issuance at par

of special obligations exclusively to the Fund. Such special

obligations shall bear interest at a rate equal to the average rate

of interest, computed as to the end of the calendar month next

preceding the date of such issue, borne by all marketable

interest-bearing obligations of the United States then forming a

part of the public debt, except that where such average rate is not

a multiple of 1/8 of 1 percent, the rate of interest of such

special obligations shall be the multiple of 1/8 of 1 percent

next lower than such average rate. Such special obligations shall

be issued only if the Secretary of the Treasury determines that the

purchases of other interest-bearing obligations of the United

States, or of obligations guaranteed as to both principal and

interest by the United States or original issue or at the market

price, is not in the public interest.

(d) Authority to sell obligations

Any obligation acquired by the Fund (except special obligations

issued exclusively to the Fund) may be sold by the Secretary of the

Treasury at the market price, and such special obligations may be

redeemed at par plus accrued interest.

(e) Amounts credited to Fund

(1) The interest on, and the proceeds from the sale or redemption

of, any obligations held in the Fund shall be credited to and form

a part of the Fund.

(2) Any amount paid to the United States under section 1902(b)(3)

of this title shall be credited to and form a part of the Fund.

(3) Any gifts of money shall be credited to and form a part of

the Fund.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 804, Dec. 4, 1991, 105 Stat.

1274; Pub. L. 102-496, title IV, Sec. 404(e), Oct. 24, 1992, 106

Stat. 3186; Pub. L. 103-160, div. A, title III, Sec. 375, Nov. 30,

1993, 107 Stat. 1637.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-160, Sec. 375(b), struck out

"(1)" before "Sums in the Fund", redesignated former subpars. (A)

and (B) as pars. (1) and (2), respectively, and struck out former

par. (2) which read as follows: "No amount may be appropriated to

the Fund, or obligated from the Fund, unless authorized by law."

Subsec. (e)(3). Pub. L. 103-160, Sec. 375(a), added par. (3).

1992 - Subsec. (c). Pub. L. 102-496 substituted "expenditure" for

"obligation" in first sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1902, 1905, 1908, 1910 of

this title.

-End-

-CITE-

50 USC Sec. 1905 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1905. Regulations and administrative provisions

-STATUTE-

(a) Regulations

The Secretary may prescribe regulations to carry out the program

required by this chapter. Before prescribing any such regulations,

the Secretary shall submit a copy of the proposed regulations to

the Select Committee on Intelligence of the Senate and the

Permanent Select Committee on Intelligence of the House of

Representatives. Such proposed regulations may not take effect

until 30 days after the date on which they are submitted to those

committees.

(b) Acceptance and use of gifts

In order to conduct the program required by this chapter, the

Secretary may -

(1) receive money and other property donated, bequeathed, or

devised, without condition or restriction other than that it be

used for the purpose of conducting the program required by this

chapter; and

(2) may use, sell, or otherwise dispose of such property for

that purpose.

(c) Voluntary services

In order to conduct the program required by this chapter, the

Secretary may accept and use the services of voluntary and

noncompensated personnel.

(d) Necessary expenditures

Expenditures necessary to conduct the program required by this

chapter shall be paid from the Fund, subject to section 1904(b) of

this title.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 805, Dec. 4, 1991, 105 Stat.

1275.)

-End-

-CITE-

50 USC Sec. 1906 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1906. Annual report

-STATUTE-

(a) Annual report

(1) The Secretary shall submit to the President and to the

congressional intelligence committees an annual report of the

conduct of the program required by this chapter.

(2) The report submitted to the President shall be submitted each

year at the time that the President's budget for the next fiscal

year is submitted to Congress pursuant to section 1105 of title 31.

(3) The report submitted to the congressional intelligence

committees shall be submitted on the date provided in section 415b

of this title.

(b) Contents of report

Each such report shall contain -

(1) an analysis of the trends within language, international,

area, and counterproliferation studies, along with a survey of

such areas as the Secretary determines are receiving inadequate

attention;

(2) the effect on those trends of activities under the program

required by this chapter;

(3) an analysis of the assistance provided under the program

for the previous fiscal year, to include the subject areas being

addressed and the nature of the assistance provided;

(4) an analysis of the performance of the individuals who

received assistance under the program during the previous fiscal

year, to include the degree to which assistance was terminated

under the program and the extent to which individual recipients

failed to meet their obligations under the program;

(5) an analysis of the results of the program for the previous

fiscal year, and cumulatively, to include, at a minimum -

(A) the percentage of individuals who have received

assistance under the program who subsequently became employees

of the United States Government;

(B) in the case of individuals who did not subsequently

become employees of the United States Government, an analysis

of the reasons why they did not become employees and an

explanation as to what use, if any, was made of the assistance

by those recipients; and

(C) the uses made of grants to educational institutions;

(6) the current list of agencies and offices of the Federal

Government required to be developed by section 1902(g) of this

title; and

(7) any legislative changes recommended by the Secretary to

facilitate the administration of the program or otherwise to

enhance its objectives.

(c) Submission of initial report

The first report under this section shall be submitted at the

time the budget for fiscal year 1994 is submitted to Congress.

(d) Consultation

During the preparation of each report required by subsection (a)

of this section, the Secretary shall consult with the members of

the Board specified in paragraphs (1) through (7) of section

1903(b) of this title. Each such member shall submit to the

Secretary an assessment of their hiring needs in the areas of

language and area studies and a projection of the deficiencies in

such areas. The Secretary shall include all assessments in the

report required by subsection (a) of this section.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 806, Dec. 4, 1991, 105 Stat.

1276; Pub. L. 103-178, title III, Sec. 311(b)(1), Dec. 3, 1993, 107

Stat. 2037; Pub. L. 104-201, div. A, title X, Sec. 1078(f)(3),

Sept. 23, 1996, 110 Stat. 2667; Pub. L. 105-272, title III, Sec.

305(a)(4), Oct. 20, 1998, 112 Stat. 2401; Pub. L. 107-306, title

VIII, Sec. 811(b)(7)(A), Nov. 27, 2002, 116 Stat. 2425.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-306 designated first and second

sentences as pars. (1) and (2), respectively, in par. (1),

substituted "the congressional intelligence committees" for "the

Congress", in par. (2), inserted "submitted to the President" after

"The report", and added par. (3).

1998 - Subsec. (b)(1). Pub. L. 105-272 substituted "area, and

counterproliferation" for "and area".

1996 - Subsec. (b)(5) to (7). Pub. L. 104-201 struck out "and" at

end of par. (5), added par. (6), and redesignated former par. (6)

as (7).

1993 - Subsec. (d). Pub. L. 103-178 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 415b, 1902, 1903 of this

title.

-End-

-CITE-

50 USC Sec. 1907 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1907. General Accounting Office audits

-STATUTE-

The conduct of the program required by this chapter may be

audited by the General Accounting Office under such rules and

regulations as may be prescribed by the Comptroller General of the

United States. Representatives of the General Accounting Office

shall have access to all books, accounts, records, reports, and

files and all other papers, things, or property of the Department

of Defense pertaining to such activities and necessary to

facilitate the audit.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 807, Dec. 4, 1991, 105 Stat.

1276.)

-End-

-CITE-

50 USC Sec. 1908 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1908. Definitions

-STATUTE-

For the purpose of this chapter:

(1) The term "Board" means the National Security Education

Board established pursuant to section 1903 of this title.

(2) The term "Fund" means the National Security Education Trust

Fund established pursuant to section 1904 of this title.

(3) The term "institution of higher education" has the meaning

given that term by section 1001 of title 20.

(4) The term "national security position" means a position -

(A) having national security responsibilities in a (!1)

agency or office of the Federal Government that has national

security responsibilities, as determined under section 1902(g)

of this title; and

(B) in which the individual in such position makes their

foreign language skills available to such agency or office.

(5) The term "congressional intelligence committees" means -

(A) the Select Committee on Intelligence of the Senate; and

(B) the Permanent Select Committee on Intelligence of the

House of Representatives.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 808, Dec. 4, 1991, 105 Stat.

1276; Pub. L. 104-201, div. A, title X, Sec. 1078(f)(1), Sept. 23,

1996, 110 Stat. 2666; Pub. L. 105-244, title I, Sec. 102(a)(15),

Oct. 7, 1998, 112 Stat. 1622; Pub. L. 107-306, title VIII, Sec.

811(b)(7)(B), Nov. 27, 2002, 116 Stat. 2426.)

-MISC1-

AMENDMENTS

2002 - Par. (5). Pub. L. 107-306 added par. (5).

1998 - Par. (3). Pub. L. 105-244 substituted "section 1001" for

"section 1141(a)".

1996 - Par. (4). Pub. L. 104-201 added par. (4).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

50 USC Sec. 1909 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1909. Fiscal year 1992 funding

-STATUTE-

(a) Authorization of appropriations to Fund

There is hereby authorized to be appropriated to the Fund for

fiscal year 1992 the sum of $150,000,000.

(b) Authorization of obligations from Fund

During fiscal year 1992, there may be obligated from the Fund

such amounts as may be provided in appropriations Acts, not to

exceed $35,000,000. Amounts made available for obligation from the

Fund for fiscal year 1992 shall remain available until expended.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 809, Dec. 4, 1991, 105 Stat.

1277.)

-End-

-CITE-

50 USC Sec. 1910 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1910. Funding

-STATUTE-

(a) Fiscal years 1993 and 1994

Amounts appropriated to carry out this chapter for fiscal years

1993 and 1994 shall remain available until expended.

(b) Fiscal years 1995 and 1996

There is authorized to be appropriated from, and may be obligated

from, the Fund for each of the fiscal years 1995 and 1996 not more

than the amount credited to the Fund in interest only for the

preceding fiscal year under section 1904(e) of this title.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 810, as added Pub. L. 103-178,

title III, Sec. 311(c), Dec. 3, 1993, 107 Stat. 2037.)

-End-

-CITE-

50 USC Sec. 1911 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 37 - NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

-HEAD-

Sec. 1911. Additional annual authorization of appropriations

-STATUTE-

(a) In general

In addition to amounts that may be made available to the

Secretary under the Fund for a fiscal year, there is authorized to

be appropriated to the Secretary for each fiscal year, beginning

with fiscal year 2003, $10,000,000, to carry out the grant program

for the National Flagship Language Initiative under section

1902(a)(1)(D) of this title.

(b) Availability of appropriated funds

Amounts appropriated pursuant to the authorization of

appropriations under subsection (a) of this section shall remain

available until expended.

-SOURCE-

(Pub. L. 102-183, title VIII, Sec. 811, as added Pub. L. 107-306,

title III, Sec. 333(b), Nov. 27, 2002, 116 Stat. 2397.)

-MISC1-

EFFECTIVE DATE

Section effective on the date the Secretary of Defense submits

the report required under section 334 of Pub. L. 107-306 and

notifies the appropriate committees of Congress that the programs

carried out under this chapter are being managed in a fiscally and

programmatically sound manner, see section 333(c) of Pub. L.

107-306, set out as an Effective Date of 2002 Amendment note under

section 1902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1902 of this title.

-End-