Editorial Notes
Codification

In subsec. (a)(4), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2023—Subsec. (j)(6)(B) to (D). Puspan. L. 118–31 redesignated subpars. (C) and (D) as (B) and (C), respectively, and substituted “subparagraph (C)” for “subparagraph (D)” in subpar. (B), as redesignated.

2017—Subsec. (k)(2). Puspan. L. 115–91, § 1625(2), substituted “paragraph (4)(C)” for “paragraph (3)(C)” in introductory provisions.

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

2013—Subsec. (k). Puspan. L. 112–239 amended subsec. (k) generally. Prior to amendment, text read as follows: “The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities—

“(1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to a position that is identified under subsection (span)(2)(A)(i) as having national security responsibilities, or to a position in such Federal agency or office, in the excepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment owes a service commitment to such Department or such Federal agency or office; and

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

2009—Subsec. (k). Puspan. L. 111–84 added subsec. (k).

2008—Subsec. (span)(2)(A)(iii). Puspan. L. 110–181, § 953(1), added cl. (iii).

Subsec. (span)(2)(B)(iii). Puspan. L. 110–181, § 953(2), added cl. (iii).

2006—Subsec. (span)(2). Puspan. L. 109–364, § 945(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “will—

“(A) in the case of a recipient of a scholarship, after the recipient’s completion of the study for which scholarship assistance was provided under the program, work in a position in the Department of Defense or other element of the intelligence community that is certified by the Secretary as appropriate to utilize the unique language and region expertise acquired by the recipient pursuant to such study for a period specified by the Secretary, which period shall include one year of service for each year, or portion thereof, for which such scholarship assistance was provided; or

“(B) in the case of a recipient of a fellowship, after the recipient’s completion of the study for which the fellowship assistance was provided under the program, work in a position described in subparagraph (A) that is certified by the Secretary as appropriate to utilize the unique language and region expertise acquired by the recipient pursuant to such study for a period specified by the Secretary, which period shall (at the discretion of the Secretary) include not less than one nor more than three years for each year, or portion thereof, for which such fellowship assistance was provided; and”.

Subsecs. (h) to (j). Puspan. L. 109–364, § 945(span), added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

2004—Subsec. (a)(1)(E). Puspan. L. 108–487, § 603(a)(1), added subpar. (E).

Subsec. (a)(2). Puspan. L. 108–487, § 603(a)(2), which directed the amendment of the matter following par. (2) by inserting in the first sentence “or for the scholarship program under paragraph (1)(E)” after “under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i)” and by inserting at end “For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 1912 of this title.”, was executed to the concluding provisions of par. (2) to reflect the probable intent of Congress.

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

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

2003—Subsec. (span)(2). Puspan. L. 108–136 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which also contained provisions relating to recipients of scholarships and fellowships, respectively.

2002—Subsec. (a)(1)(D). Puspan. L. 107–306, § 333(a)(1), added subpar. (D).

Subsec. (a)(2). Puspan. L. 107–306, § 333(a)(3), inserted at end “The funding allocation under this paragraph shall not apply to grants under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i). For the authorization of appropriations for the National Flagship Language Initiative, see section 1911 of this title.”

Subsec. (span)(2)(A)(ii). Puspan. L. 107–296, § 1332(span)(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. (span)(2)(B)(ii). Puspan. L. 107–296, § 1332(span)(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). Puspan. L. 107–306, § 332, added subsec. (h).

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

1998—Subsec. (a)(1)(B)(i), (C), (4). Puspan. L. 105–272, § 305(a)(2)(A), inserted “counterproliferation studies,” after “area studies,”.

Subsec. (span)(2)(A)(ii), (B)(ii). Puspan. L. 105–272, § 305(a)(2)(B), inserted “counterproliferation study,” after “area study,”.

1996—Subsec. (a)(1)(A). Puspan. L. 104–201, § 1078(span)(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). Puspan. L. 104–201, § 1078(span)(2)(A), inserted “relating to the national security interests of the United States” after “international fields”.

Subsec. (a)(1)(B)(ii). Puspan. L. 104–201, § 1078(span)(2)(B), substituted “subsection (span)(2)(B)” for “subsection (span)(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. (span). Puspan. L. 104–201, § 1078(c)(1), in introductory provisions, substituted “or any scholarship” for “, or of scholarships that provide assistance for periods that aggregate 12 months or more,”.

Subsec. (span)(2). Puspan. L. 104–201, § 1078(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “will, upon completion of such recipient’s baccalaureate degree or education under the program, as the case may be, and in accordance with regulations issued by the Secretary, work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary, which period for the recipients of scholarships shall be no more than the same period for which scholarship assistance was provided and for the recipients of fellowships shall be not less than one and not more than three times the period for which the fellowship assistance was provided; and”.

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

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

1993—Subsec. (a)(1)(A). Puspan. L. 103–178, § 311(span)(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). Puspan. L. 103–178, § 311(span)(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). Puspan. L. 102–496, § 404(span)(1), inserted “or equivalent term,” after “semester”.

Subsec. (a)(1)(B)(i). Puspan. L. 102–496, § 404(span)(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). Puspan. L. 102–496, § 404(span)(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). Puspan. 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.”

Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment

Puspan. L. 108–487, title VI, § 602(a)(2), Dec. 23, 2004, 118 Stat. 3953, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to training under section 802(i) [now 802(j)] of the David L. Boren National Security Act of 1991 [50 U.S.C. 1902(i), now 1902(j)] that begins on or after the date that is 90 days after the date of the enactment of this Act [Dec. 23, 2004].”

Amendment by Puspan. L. 108–487 effective Dec. 23, 2004, except as otherwise provided, see section 801 of Puspan. L. 108–487, set out as a note under section 2656f of Title 22, Foreign Relations and Intercourse.

Effective Date of 2003 Amendment

Puspan. L. 108–136, div. A, title IX, § 925(span), Nov. 24, 2003, 117 Stat. 1578, provided that:

“(1) The amendment made by subsection (a) [amending this section] shall apply with respect to service agreements entered into under the David L. Boren National Security Education Act of 1991 [50 U.S.C. 1901 et seq.] on or after the date of the enactment of this Act [Nov. 24, 2003].
“(2) The amendment made by subsection (a) shall not affect the force, validity, or terms of any service agreement entered into under the David L. Boren National Security Education Act of 1991 before the date of the enactment of this Act that is in force as of that date.”

Effective Date of 2002 Amendment

Puspan. L. 107–306, title III, § 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 Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Construction

Puspan. L. 107–306, title III, § 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].”

Coordination With Other Amendments Made by Puspan. L. 118–31

Puspan. L. 118–31, div. G, title IX, § 7901(k), Dec. 22, 2023, 137 Stat. 1107, provided that: “For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section [amending this section and sections 1903, 1908, 2021, 2093, 2111, 2154, 3024, 3093, 3164, 3232a, 3334l, 3341, 3361, 3363, 3381, 3505, 3507, 3512, 3517, 3519, 3519a, and 3614 of this title and provisions set out as a note under section 3024 of this title] shall be treated as having been enacted immediately before any such amendments by other provisions of this Act [see Tables for classification].”

Increase in Number of Participating Educational Institutions

Puspan. L. 108–487, title VI, § 602(c), Dec. 23, 2004, 118 Stat. 3953, provided that: “The Secretary of Defense shall take such actions as the Secretary considers appropriate to increase the number of qualified educational institutions that receive grants under the National Flagship Language Initiative under section 802(i) of the David L. Boren National Security Education Act of 1991 [50 U.S.C. 1902(i)] to 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 to the national security of the United States.”

Clarification of Authority To Support Studies Abroad

Puspan. L. 108–487, title VI, § 602(d), Dec. 23, 2004, 118 Stat. 3953, provided that: “Educational institutions that receive grants under the National Flagship Language Initiative may support students who pursue total immersion foreign language studies overseas of foreign languages that are critical to the national security of the United States.”