§2200a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can pay for college for people studying certain cyber degrees or certificates at colleges if they sign a service agreement. If you are a military member, you must agree to serve on active duty for a length of time the Secretary sets. If you are a Department of Defense (DoD) employee, you must agree to keep working for DoD for that time. If you are not military or a DoD employee, you must agree either to join the military and serve on active duty or to take and keep a DoD job for the required time. The required service must be at least three-fourths of the time spent getting the degree and is in addition to any other service you already owe. The agreement will say your service starts after you get the degree, that you must keep up satisfactory school progress, and other terms the Secretary sets. The payments can cover tuition, fees, books, lab costs, and room and board up to the normal costs at the school. Money can also pay for DoD internships between school years. If a military member or a civilian quits before finishing the required service, they must repay under the rules in 37 U.S.C. 303a(e) or 373. At least 50 percent of the money for the program each year must go to students at schools that have DoD-funded cyber programs under the grant program in section 2200b, and at least five percent must go to associate degree students at those schools. The Secretary may hire scholarship graduates into DoD cyber jobs without using the usual competitive hiring rules, and after two years of mostly continuous good service may make that hire a permanent or career-conditional appointment without competition.

Title 10, §2200a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may, subject to subsection (f), provide financial assistance in accordance with this section to a person—

(1)who is pursuing an associate, baccalaureate, advanced degree, or certificate in a cyber discipline referred to in section 2200(a) of this title at an institution of higher education; and

(2)who enters into an agreement with the Secretary as described in subsection (b).

(b)(1)To receive financial assistance under this section—

(A)a member of the armed forces shall enter into an agreement to serve on active duty in the member’s armed force for the period of obligated service determined under paragraph (2);

(B)an employee of the Department of Defense shall enter into an agreement to continue in the employment of the department for the period of obligated service determined under paragraph (2); and

(C)a person not referred to in subparagraph (A) or (B) shall enter into an agreement—

(i)to enlist or accept a commission in one of the armed forces and to serve on active duty in that armed force for the period of obligated service determined under paragraph (2); or

(ii)to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).

(2)For the purposes of this subsection, the period of obligated service for a recipient of financial assistance under this section shall be the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for the financial assistance and otherwise to achieve the goals set forth in section 2200(a) of this title. In no event may the period of service required of a recipient be less than the period equal to three-fourths of the total period of pursuit of a degree for which the Secretary agrees to provide the recipient with financial assistance under this section. The period of obligated service is in addition to any other period for which the recipient is obligated to serve on active duty or in the civil service, as the case may be.

(3)An agreement entered into under this section by a person pursuing an academic degree shall include terms that provide the following:

(A)That the period of obligated service begins on a date after the award of the degree that is determined under the regulations prescribed under section 2200d of this title.

(B)That the person will maintain satisfactory academic progress, as determined in accordance with those regulations, and that failure to maintain such progress constitutes grounds for termination of the financial assistance for the person under this section.

(C)Any other terms and conditions that the Secretary of Defense determines appropriate for carrying out this section.

(c)The amount of the financial assistance provided for a person under this section shall be the amount determined by the Secretary of Defense as being necessary to pay all educational expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, and expenses of room and board. The expenses paid, however, shall be limited to those educational expenses normally incurred by students at the institution of higher education involved.

(d)The financial assistance for a person under this section may also be provided to support internship activities of the person at the Department of Defense in periods between the academic years leading to the degree for which assistance is provided the person under this section.

(e)(1)A member of an armed force who does not complete the period of active duty specified in the service agreement under subsection (b) shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.

(2)A civilian employee of the Department of Defense who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) or 373 of title 37 in the same manner and to the same extent as if the civilian employee were a member of the armed forces.

(f)(1)Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of degrees referred to in subsection (a) at institutions of higher education that have established, improved, or are administering programs of education in cyber disciplines under the grant program established in section 2200b of this title, as determined by the Secretary of Defense.

(2)Not less than five percent of the amount available for financial assistance under this section for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree at an institution described in paragraph (1).

(g)The Secretary of Defense—

(1)may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to a cyber position in the Department of Defense in the excepted service an individual who has successfully completed an academic program for which a scholarship under this section was awarded and who, under the terms of the agreement for such scholarship, at the time of such appointment owes a service commitment to the Department; and

(2)may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appointment.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (a)(1). Pub. L. 116–92 substituted “advanced degree, or certificate” for “or advanced degree, or a certification,”. 2017—Subsec. (a)(1). Pub. L. 115–91, § 1649(d)(1)(C)(i), substituted “a cyber discipline” for “an information assurance discipline”. Subsec. (e). Pub. L. 115–91, § 618(a)(1)(J), inserted “or 373” before “of title 37” in pars. (1) and (2). Subsec. (f). Pub. L. 115–91, § 1649(b), designated existing provisions as par. (1) and added par. (2). Subsec. (f)(1). Pub. L. 115–91, § 1649(d)(1)(C)(ii), substituted “cyber disciplines” for “information assurance”. Subsec. (g)(1). Pub. L. 115–91, § 1649(d)(1)(C)(iii), substituted “a cyber position” for “an information technology position”. 2009—Subsec. (a). Pub. L. 111–84, § 1103(b), substituted “subsection (f),” for “subsection (g),” in introductory provisions. Subsec. (e)(1). Pub. L. 111–84, § 1073(a)(20), substituted “subsection (b)” for “section (b)”. Subsec. (g). Pub. L. 111–84, § 1103(a), added subsec. (g). 2006—Subsec. (e). Pub. L. 109–163, § 687(c)(8)(A), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “(1) A person who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (b) shall refund to the United States an amount determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for financial assistance and otherwise to achieve the goals set forth in section 2200(a) of this title. “(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) The Secretary of Defense may waive, in whole or in part, a refund required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.” Subsecs. (f), (g). Pub. L. 109–163, § 687(c)(8)(B), (C), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under subsection (e).”

Statutory Notes and Related Subsidiaries

Savings Provision

For

Savings Provision

relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.

§2200a Scholarship program

Summary

Title 10, §2200a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Savings Provision

Savings Provision

Citations & Metadata