USC Chapter 111

USC Chapter 111
in effect

10 U.S.C. § 2191 Graduate fellowships

(a) The Secretary of Defense shall prescribe regulations providing for the award of fellowships to citizens and nationals of the United States who agree to pursue graduate degrees in science, engineering, or other fields of study designated by the Secretary to be of priority interest to the Department of Defense. (b) A fellowship awarded pursuant to regulations prescribed under subsection (a) shall be known as a “National Defense Science and Engineering Graduate Fellowship”. (c) National Defense Science and Engineering Graduate Fellowships shall be awarded solely on the basis of academic ability. The Secretary shall take all appropriate actions to encourage applications for such fellowships of persons who are members of groups (including minority groups, women, and disabled persons) which historically have been underrepresented in science and technology fields. Recipients shall be selected on the basis of a nationwide competition. The award of a fellowship under this section may not be predicated on the geographic region in which the recipient lives or the geographic region in which the recipient will pursue an advanced degree. (d) The regulations prescribed under this section shall include—(1) the criteria for award of fellowships; (2) the procedures for selecting recipients; (3) the basis for determining the amount of a fellowship; and (4) the maximum amount that may be awarded to an individual during an academic year.

10 U.S.C. § 2192 Improvement of education in technical fields: general authority regarding education in science, mathematics, and engineering

(a) The Secretary of Defense, in consultation with the Secretary of Education, shall, on a continuing basis—(1) identify actions which the Department of Defense may take to improve education in the scientific, mathematics, and engineering skills necessary to meet the long-term national defense needs of the United States for personnel proficient in such skills; and (2) establish and conduct programs to carry out such actions. (b)(1) In furtherance of the authority of the Secretary of Defense under any provision of this chapter or any other provision of law to support educational programs in science, mathematics, engineering, and technology, the Secretary of Defense may, unless otherwise specified in such provision—(A) enter into contracts and cooperative agreements with eligible entities; (B) make grants of financial assistance to eligible entities; (C) provide cash awards and other items to eligible entities; (D) accept voluntary services from eligible entities; and (E) support national competition judging, other educational event activities, and associated award ceremonies in connection with these educational programs. (2) The Secretary of Defense may carry out the authority in paragraph (1) through the Secretaries of the military departments. (3) In this subsection:(A) The term “eligible entity” includes a department or agency of the Federal Government, a State, a political subdivision of a State, an individual, and a not-for-profit or other organization in the private sector. (B) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States. (c) The Secretary shall designate an individual within the Office of the Secretary of Defense to advise and assist the Secretary regarding matters relating to science, mathematics, and engineering education and training.

10 U.S.C. § 2192b Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics

(a) Program Required.—The Secretary of Defense shall carry out a program to—(1) enhance the preparation of students at covered schools for careers in science, technology, engineering, and mathematics; and (2) provide assistance to teachers at covered schools to enhance preparation described in paragraph (1). (b) Coordination.—In carrying out the program, the Secretary shall coordinate with the following:(1) The Secretaries of the military departments. (2) The Secretary of Education. (3) The National Science Foundation. (4) Other organizations as the Secretary of Defense considers appropriate. (c) Activities.—Activities under the program may include the following:(1) Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for students and teachers at covered schools. (2) Establishment of scholarships and fellowships for students at covered schools. (3) Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for students and teachers at covered schools, including with respect to improving the development of curricula at covered schools. (4) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for students and teachers at covered schools. (d) Metrics.—The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the program with respect to the needs of the Department of Defense. (e) Covered Schools Defined.—In this section, the term “covered schools” means elementary or secondary schools at which the Secretary determines a significant number of dependents of members of the armed forces are enrolled.

10 U.S.C. § 2192c Office for academic engagement relating to cyber activities

(a) Establishment.—The Secretary of Defense, acting through the Chief Information Officer of the Department of Defense, shall establish an office to establish, maintain, and oversee the activities of the Department of Defense that pertain to the relationship between the Department and academia, including with entities involved in primary, secondary, or postsecondary education, with respect to cyber-related matters (in this section referred to as the “Office”). (b) Director.—The Office shall have a Director who shall report directly to the Chief Information Officer of the Department of Defense. An individual serving as Director, while so serving, shall be a member of the Senior Executive Service. (c) Responsibilities.—(1) The Office shall be responsible for the following:(A) Serving as the consolidated focal point for engagements carried out between the Department of Defense and academia with respect to cyber-related matters. (B) Coordinating covered academic engagement programs for the Department of Defense. (C) Conducting ongoing analysis, as determined necessary by the Director, of the performance of cyber-related educational scholarships, camps, support efforts, and volunteer partnerships of the Department of Defense. (D) Identifying actions the Secretary of Defense may take to improve the cyber skills of personnel within the Department of Defense through participation by such personnel in covered academic engagement programs, for the purposes of assisting the Secretary in cyber-related matters and meeting the long-term national defense needs of the United States for personnel proficient in such skills. (E) Managing funds and resources for the National Centers for Academic Excellence in Cybersecurity program, the Department of Defense Cyber Scholarship Program, the National Defense University College of Information and Cyberspace, the University Consortium for Cybersecurity, the senior military colleges, and other educational partnerships between academic institutions and active components of the Armed Forces. (F) Establishing requirements, policies, and procedures to collect data on, and to monitor and evaluate, the performance of covered academic engagement programs with respect to the involvement in such programs by the Department of Defense. (G) Monitoring and evaluating through applicable performance measurements (including those established pursuant to subparagraph (F)) the performance of covered academic engagement programs with respect to the involvement in such programs by the Department of Defense, and advising the Secretary of Defense on whether to continue, modify, or terminate such involvement. (H) Conducting budgetary oversight and supervision, taking into consideration the findings of performance evaluations under subparagraph (G), with respect to—(i) the involvement in covered academic engagement programs by the Department of Defense; and (ii) other matters relating to the responsibilities under this subsection. (2) The Office shall be the office of primary responsibility for carrying out the following:(A) Section 2200c of title 10, United States Code. (B) Section 1640 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2200 note). (C) Section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1758). (D) The duties of the Secretary of Defense under section 1659 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note). (E) The duties of the Chief Information Officer of the Department of Defense under section 1726 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1599f note). (F) Section 1532 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2191 note prec.). (G) Section 1535 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2200 note). (H) Such other provisions of law as the Secretary of Defense may determine relevant. (d) Authority Relating to Compliance.—The Secretary of Defense shall take such steps as may be necessary to ensure that the Director of the Office has sufficient authority to compel and enforce compliance with any decisions or directives issued pursuant to the responsibilities under subsection (c). (e) Additional Authorities.—In carrying out this section, the Director of the Office may, under any provision of this chapter or any other provision of this title providing for the support of educational programs in cyber-related matters (and unless otherwise specified in such provision)—(1) enter into contracts and cooperative agreements, including for the purpose of supporting academic and hands-on programs for individuals transitioning into the cyber field of the Department; (2) make grants of financial assistance, including to civilian and military students; (3) provide cash awards and other items; (4) accept voluntary services; and (5) support national competition judging, other educational event activities, and associated award ceremonies in connection with covered academic engagement programs. (f) Relationship to Other Entities.—The Under Secretary of Defense for Research and Engineering and the Secretaries concerned shall coordinate and collaborate with the Director of the Office on covered academic engagement programs sponsored by the Under Secretary as Science, Technology, Engineering, and Mathematics (STEM) programs and activities. (g) Covered Academic Engagement Program Defined.—In this section, the term “covered academic engagement program” means any of the following:(1) A primary, secondary, or post-secondary educational program with a cyber focus. (2) A program of the Department of Defense for the recruitment or retention of cyberspace civilian and military personnel (including scholarship programs) other than a Reserve Officers’ Training Corps program. (3) An academic partnership focused on establishing cyber talent among the personnel referred to in paragraph (2).

10 U.S.C. § 2193 Improvement of education in technical fields: grants for higher education in science and mathematics

(a)(1) The Secretary of Defense may, in accordance with the provisions of this subsection, carry out a program for awarding grants to students who have been accepted for enrollment in, or who are enrolled in, an institution of higher education as undergraduate or graduate students in scientific and engineering disciplines critical to the national security functions of the Department of Defense. (2) Grant proceeds shall be disbursed on behalf of students awarded grants under this subsection to the institutions of higher education at which the students are enrolled. No grant proceeds shall be disbursed on behalf of a student until the student is enrolled at an institution of higher education. (3) The amount of a grant awarded a student under this subsection may not exceed the student’s cost of attendance. (4) The amount of a grant awarded a student under this subsection shall not be reduced on the basis of the student’s receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those other forms of Federal student financial assistance. (5) The Secretary shall give priority to awarding grants under this subsection in a manner likely to stimulate the interest of women and members of minority groups in pursuing scientific and engineering careers. The Secretary may consider the financial need of applicants in making awards in accordance with such priority. (b) In this section:(1) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965. (2) The term “cost of attendance” has the meaning given such term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

10 U.S.C. § 2193a Improvement of education in technical fields: general authority for support of elementary and secondary education in science and mathematics

The Secretary of Defense, in coordination with the Secretary of Education, may establish programs for the purpose of improving the mathematics and scientific knowledge and skills of elementary and secondary school students and faculty members.

10 U.S.C. § 2193b Improvement of education in technical fields: program for support of elementary and secondary education in science, technology, engineering, art and design, and mathematics

(a) Authority for Program.—The Secretary of Defense may conduct a science, technology, engineering, art and design, and mathematics education improvement program known as the “Department of Defense STARBASE Program”. The Secretary shall carry out the program in coordination with the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating. (b) Purpose.—The purpose of the program is to improve knowledge and skills of students in kindergarten through twelfth grade in science, technology, engineering, art and design, and mathematics. (c) STARBASE Academies.—(1) The Secretary shall provide for the establishment of at least 25 academies under the program. (2) The Secretary of Defense shall establish guidelines, criteria, and a process for the establishment of STARBASE programs in addition to those in operation on October 5, 1999. (3)(A) Except as otherwise provided under subparagraph (B), the Secretary may not support the establishment in any State of more than four academies under the program. (B) The Secretary may support the establishment and operation of an academy in a State in excess of four academies in that State if the Secretary expressly waives, in writing, the limitation in subparagraph (A) with respect to that State. In the case of any such waiver, appropriated funds may be used for the establishment and operation of an academy in excess of four in that State only to the extent that appropriated funds are expressly available for that purpose. Any such waiver shall be made under criteria to be prescribed by the Secretary. (d) Persons Eligible To Participate in Program.—The Secretary shall prescribe standards and procedures for selection of persons for participation in the program. (e) Regulations.—The Secretary of Defense shall prescribe regulations governing the conduct of the program. (f) Authority to Accept Financial and Other Support.—(1) The Secretary of Defense, the Secretaries of the military departments, and the Secretary of the Department in which the Coast Guard is operating may accept financial and other support for the program from other departments and agencies of the Federal Government, State governments, local governments, and not-for-profit and other organizations in the private sector. (2) The Secretary of Defense shall remain the executive agent to carry out the program regardless of the source of funds for the program or any transfer of jurisdiction over the program within the executive branch. (g) Annual Report.—Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on the program under this section. The report shall contain a discussion of the design and conduct of the program and an evaluation of the effectiveness of the program. (h) State Defined.—In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam.

10 U.S.C. § 2194 Education partnerships

(a) The Secretary of Defense shall authorize the director of each defense laboratory to enter into one or more education partnership agreements with educational institutions in the United States for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education. The educational institutions referred to in the preceding sentence are local educational agency, colleges, universities, and any other nonprofit institutions that are dedicated to improving science, mathematics, business, law, technology transfer or transition and engineering education. (b) Under a partnership agreement entered into with an educational institution under this section, the director of a defense laboratory may provide, and is encouraged to provide, assistance to the educational institution by—(1) loaning defense laboratory equipment to the institution for any purpose and duration in support of such agreement that the director considers appropriate; (2) notwithstanding the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or any provision of law or regulation relating to transfers of surplus property, transferring to the institution any computer equipment, or other scientific equipment, that is—(A) commonly used by educational institutions; (B) surplus to the needs of the defense laboratory; and (C) determined by the director to be appropriate for support of such agreement; (3) making laboratory personnel available to teach science courses or to assist in the development of science courses and materials for the institution; (4) providing in the defense laboratory sabbatical opportunities for faculty and internship opportunities for students; (5) involving faculty and students of the institution in defense laboratory projects, including research and technology transfer or transition projects; (6) cooperating with the institution in developing a program under which students may be given academic credit for work on defense laboratory projects, including research and technology transfer or transition projects; (7) providing academic and career advice and assistance to students of the institution; and (8) entering into new and separate contracts or cooperative agreements with, or making grants to, the institution to provide financial assistance for activities conducted under such partnership agreement. (c) The Secretary of Defense shall ensure that the director of each defense laboratory shall give a priority under this section to entering into an education partnership agreement with one or more historically Black colleges and universities and other minority institutions referred to in paragraphs (3), (4), and (5) of section 312(b) 11 See References in Text note below. of the Higher Education Act of 1965 (20 U.S.C. 1058(b)). (d) The Secretary of Defense shall ensure that, in entering into education partnership agreements under this section, the director of a defense laboratory gives a priority to providing assistance to educational institutions serving women, members of minority groups, and other groups of individuals who traditionally are involved in the engineering and science professions in disproportionately low numbers. (e) The Secretary of Defense may permit the director of a defense laboratory to enter into a cooperative agreement with an appropriate entity to act as an intermediary and assist the director in carrying out activities under this section. (f) In this section:(1) The term “defense laboratory” means any laboratory, product center, test center, depot, training and educational organization, or operational command under the jurisdiction of the Department of Defense. (2) The term “local educational agency” has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term “United States” includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

10 U.S.C. § 2195 Department of Defense cooperative education programs

(a) The Secretary of Defense shall ensure that the director of each defense laboratory establishes, in association with one or more public or private colleges or universities in the United States or one or more consortia of colleges or universities in the United States, cooperative work-education programs for undergraduate and graduate students. (b) Under a cooperative work-education program established under subsection (a), a director referred to in that subsection may, without regard to any applicable non-statutory limitation on the number of authorized personnel or on the aggregate amount of any personnel cost—(1) make an offer for participation in the cooperative work-education program directly to a student and appoint such student to an entry-level position of employment in the laboratory of such director; (2) pay such person a rate of basic pay, not to exceed the maximum rate of pay provided for grade GS–9 under the General Schedule under section 5332 of title 5, that is competitive with compensation levels provided for entry-level positions in similar industry-sponsored cooperative work-education programs; (3) pay all travel expenses between the college or university in which the student is enrolled and the laboratory concerned for not more than six round trips per year; and (4) pay all or part of such fees, charges, and costs related to the participation of such student in the cooperative work-education program as tuition, matriculation fees, charges for library and laboratory services, materials, and supplies, and the purchase or rental price of books. (c) A director of a defense laboratory may—(1) require a student, as a condition for receiving payments referred to in subsection (b)(4), to enter into a written agreement to continue employment in such defense laboratory for a period of service specified in the agreement; or (2) make such payments without requiring such an agreement. (d)(1) The Director of the National Security Agency may provide a qualifying employee of a defense laboratory of that Agency with living quarters at no charge, or at a rate or charge prescribed by the Director by regulation, without regard to section 5911(c) of title 5. (2) In this subsection, the term “qualifying employee” means a student who is employed at the National Security Agency under—(A) a Student Educational Employment Program of the Agency conducted under this section or any other provision of law; or (B) a similar cooperative or summer education program of the Agency that meets the criteria for Federal cooperative or summer education programs prescribed by the Office of Personnel Management.

10 U.S.C. § 2198 Management training program in Japanese language and culture

(a) The Secretary of Defense, in coordination with the National Science Foundation, shall establish a program for the making of grants on a competitive basis to United States institutions of higher education and other United States not-for-profit organizations for the conduct of programs for scientists, engineers, and managers to learn Japanese language and culture. (b) The Secretary of Defense shall prescribe in regulations the criteria for awarding a grant under the program for activities of an institution or organization referred to in subsection (a), including the following:(1) Whether scientists, engineers, and managers of defense laboratories and Department of Energy laboratories are permitted a level of participation in such activities that is beneficial to the development and application of defense critical technologies by such laboratories. (2) Whether such activities include the placement of United States scientists, engineers, and managers in Japanese government and industry laboratories—(A) to improve the knowledge of such scientists, engineers, and managers in (i) Japanese language and culture, and (ii) the research and development and management practices of such laboratories; and (B) to provide opportunities for the encouragement of technology transfer from Japan to the United States. (3) Whether an appropriate share of the costs of such activities will be paid out of funds derived from non-Federal Government sources. (c) In this section, the term “defense critical technology” means a technology that is identified under section 4816 of this title as critical for attaining the national security objectives set forth in section 4811(a) of this title.

10 U.S.C. § 2199 Definitions

In this chapter: (1) The term “defense laboratory” means a laboratory operated by the Department of Defense or owned by the Department of Defense and operated by a contractor or a facility of a Defense Agency at which research and development activities are conducted. (2) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965. (3) The term “regional center for the transfer of manufacturing technology” means a manufacturing extension center for the transfer of manufacturing technology and best business practices referred to in section 25(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278k).

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