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$ 1902. Scholarship, fellowship, and grant program

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 stabili. ty 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 citi. zens 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, 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, 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. (Pub. L. 102-183, title VIII, § 801, Dec. 4, 1991, 105 Stat. 1271; Pub. L. 102-496, title IV, $ 404(a), Oct. 24, 1992, 106 Stat. 3185.)

(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 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);

(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, and other international fields 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) of this section, 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 sec

tion 1903(d)(4)(C) of this title). (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) 43 of such amount for the awarding of scholarships pursuant to paragraph (1)(A);

(B) 13 of such amount for the awarding of fellowships pursuant to paragraph (1)(B); and

(C) Y3 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 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

AMENDMENTS 1992-Subsec. (a). Pub. L. 102-496 amended subsec. (a) generally, inserting “David L. Boren".

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.

(d) Merit review

The Secretary shall award scholarships, fellowships, and grants under the program based upon a merit review process. (e) 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. (Pub. L. 102-183, title VIII, § 802, Dec. 4, 1991, 105 Stat. 1271; Pub. L. 102-496, title IV, § 404(b), (c), Oct. 24, 1992, 106 Stat. 3185; Pub. L. 103-178, title III, § 311(b)(2), (d), Dec. 3, 1993, 107 Stat. 2037.)

(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 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) of this section 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 accord

ance with regulations issued by the Secretary. (c) 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.

AMENDMENTS 1993-Subsec. (a)(1)(A). Pub. L. 103-178, 311(b)(2)(A), (d), struck out comma after “term," and inserted before semicolon at end win 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, § 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, § 404(b)(1), inserted “or equivalent term,” after “semester".

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".

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."

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."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1903, 1904 of this title.

8 1903. National Security Education Board

(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 Director of the United States Information Agency.

AMENDMENTS 1992-Subsec. (b)(7). Pub. L. 102-496, $ 404(d)(2), added par. (7). Former par. (7) redesignated (8).

Subsec. (b)(8). Pub. L. 102-496, § 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”.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1902, 1906, 1908 of this title.

(7) The Chairperson of the National Endowment for the Humanities.

(8) 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, and area studies education and who may not be officers or em

ployees of the Federal Government. (c) Term of appointees

Each individual appointed to the Board pursuant to subsection (b)(7) 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.

(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) 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 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 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; and

(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.

(5) Review the administration of the program required under this chapter. (Pub. L. 102-183, title VIII, § 803, Dec. 4, 1991, 105 Stat. 1273; Pub. L. 102-496, title IV, $ 404(d), Oct. 24, 1992, 106 Stat. 3186.)

$ 1904. National Security Education Trust Fund (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 % of 1 percent, the rate of interest of such special obligations shall be the multiple of Yo 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 interestbearing 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

8 1906. Annual report

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. (Pub. L. 102-183, title VIII, § 804, Dec. 4, 1991, 105 Stat. 1274; Pub. L. 102-496, title IV, $ 404(e), Oct. 24, 1992, 106 Stat. 3186; Pub. L. 103-160, div. A, title III, § 375, Nov. 30, 1993, 107 Stat. 1637.)

AMENDMENTS 1993–Subsec. (b). Pub. L. 103-160, $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, $ 375(a), added par. (3).

1992–Subsec. (c). Pub. L. 102-496 substituted "expenditure" for "obligation" in first sentence.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1905, 1908, 1910 of this title.

8 1905. Regulations and administrative provisions (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. (Pub. L. 102-183, title VIII, $ 805, Dec. 4, 1991, 105 Stat. 1275.)

(a) Annual report

The Secretary shall submit to the President and to the Congress an annual report of the conduct of the program required by this chapter. The report 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. (b) Contents of report Each such report shall contain

(1) an analysis of the trends within language, international, and area studies, along with a survey of such areas as the Secretary determines are receiving inadequate atten tion;

(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; and

(6) 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.

(Pub. L. 102-183, title VIII, § 806, Dec. 4, 1991, 105 Stat. 1276; Pub. L. 103-178, title III, $311(b)(1), Dec. 3, 1993, 107 Stat. 2037.)

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

(Pub. L. 102-183, title VIII, § 810, as added Pub. L. 103-178, title III, § 311(c), Dec. 3, 1993, 107 Stat. 2037.)

CHAPTER 38–CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER I-DEFINITIONS

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1902 of this title.

Sec. 2001. Definitions relating to the system. 2002. Definitions relating to participants and an

nuitants.

(a) General definitions.

(b) “Child" defined. SUBCHAPTER II–CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND DISABILITY SYSTEM

& 1907. General Accounting Office audits

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. (Pub. L. 102-183, title VIII, § 807, Dec. 4, 1991, 105 Stat. 1276.)

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8 1908. Definitions
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 sec

tion 1141(a) of title 20. (Pub. L. 102-183, title VIII, $ 808, Dec. 4, 1991, 105 Stat. 1276.)

PART B-CONTRIBUTIONS
Contributions to fund.

(a) In general.
(b) Consent of participant to deductions

from pay.
(c) Treatment of contributions after 35

years of service.
(d) Offset for social security taxes.

2031.

8 1909. Fiscal year 1992 funding
(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 ligated 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. (Pub. L. 102-183, title VIII, § 809, Dec. 4, 1991, 105 Stat. 1277.)

PART C–COMPUTATION OF ANNUITIES
Computation of annuities.

(a) Annuity of participant.
(b) Spouse or former spouse survivor an-

nuity.
(c) 18-month open period after retire-

ment to provide spouse coverage. (d) Annuities for surviving children. (e) Commencement and termination of

child annuities. (f) Participants not married at time of

retirement.
(g) Effect of divorce after retirement.
(h) Coordination of annuities.
(i) Supplemental survivor annuities.
(j) Offset of annuities by amount of

social security benefit.
(k) Information from other agencies.

(1) Information on rights under system. Annuities for former spouses. (a) Former spouse share of participant's

annuity. (b) Former spouse survivor annuity. (c) Optional additional survivor annu

ities for other former spouse or sur

viving spouse. Election of survivor benefits for certain

former spouses divorced as of November
15, 1982.
(a) Former spouses as of November 15,

1982.
(b) Time for making election.
(c) Base for annuity.

(d) Reduction in participant's annuity. Survivor annuity for certain other former spouses.

(a) Survivor annuity.

2032.

2033.

8 1910. Funding
(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.

2034.

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