Sec. 4451. ENVIRONMENTAL SCHOLARSHIP AND FELLOWSHIP PROGRAMS FOR THE DEPARTMENT OF DEFENSE
1,177 words·~5 min read·
/statute-compilations/comps-10665/sec-4451A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 4451 ENVIRONMENTAL SCHOLARSHIP AND FELLOWSHIP PROGRAMS FOR THE DEPARTMENT OF DEFENSE **[**[10 U.S.C. 2701 note](/us/usc/t10/s2701)**]** ###
(a)Establishment The Secretary of Defense (hereinafter in this section referred to as the “Secretary”) may conduct scholarship and fellowship programs for the purpose of enabling individuals to qualify for employment in the field of environmental restoration or other environmental programs in the Department of Defense. ###
(b)Eligibility To be eligible to participate in the scholarship or fellowship program, an individual must— ####
(1)be accepted for enrollment or be currently enrolled as a full-time student at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965); ####
(2)be pursuing a program of education that leads to an appropriate higher education degree in engineering, biology, chemistry, or another qualifying field related to environmental activities, as determined by the Secretary; ####
(3)sign an agreement described in subsection (c); ####
(4)be a citizen or national of the United States or be an alien lawfully admitted to the United States for permanent residence; and ####
(5)meet any other requirements prescribed by the Secretary. ###
(c)Agreement An agreement between the Secretary and an individual participating in a scholarship or fellowship established in subsection
(a)shall be in writing, shall be signed by the individual, and shall include the following provisions: ####
(1)The agreement of the Secretary to provide the individual with educational assistance for a specified number of school years (not to exceed 5 years) during which the individual is pursuing a course of education in a qualifying field. The assistance may include payment of tuition, fees, books, laboratory expenses, and (in the case of a fellowship) a stipend. ####
(2)The agreement of the individual to perform the following: #####
(A)Accept such educational assistance. #####
(B)Maintain enrollment and attendance in the educational program until completed. #####
(C)Maintain, while enrolled in the educational program, satisfactory academic progress as prescribed by the institution of higher education in which the individual is enrolled. #####
(D)Serve, upon completion of the educational program and selection by the Secretary under subsection (e), as a full-time employee in an environmental restoration or other environmental position in the Department of Defense for the applicable period of service specified in subsection (d). ###
(d)Period of Service The period of service required under subsection (c)(2)(D) is as follows: ####
(1)For an individual who completes a bachelor's degree under a scholarship program established under subsection (a), a period of 12 months for each school year or part thereof for which the individual is provided a scholarship under the program. ####
(2)For an individual who completes a master's degree or other post-graduate degree under a fellowship program established under subsection (a), a period of 24 months for each school year or part thereof for which the individual is provided a fellowship under the program. ###
(e)Selection for Service The Secretary shall annually review the number and performance under the agreement of individuals who complete educational programs during the preceding year under any scholarship and fellowship programs conducted pursuant to subsection (a). From among such individuals, the Secretary shall select individuals for environmental positions in the Department of Defense, based on the type and availability of such positions. ###
(f)Repayment ####
(1)Any individual participating in a scholarship or fellowship program under this section shall agree to pay to the United States the total amount of educational assistance provided to the individual under the program, plus interest at the rate prescribed in paragraph (4), if— #####
(A)the individual does not complete the educational program as agreed to pursuant to subsection (c)(2)(B), or is selected by the Secretary under subsection
(e)but declines to serve, or fails to complete the service, in a position in the Department of Defense as agreed to pursuant to subsection (c)(2)(D); or #####
(B)the individual is involuntarily separated for cause from the Department of Defense before the end of the period for which the individual has agreed to continue in the service of the Department of Defense. ####
(2)If an individual fails to fulfill the agreement of the individual to pay to the United States the total amount of educational assistance provided under a program established under subsection (a), plus interest at the rate prescribed in paragraph (4), a sum equal to the amount of the educational assistance (plus such interest, if applicable) shall be recoverable by the United States from the individual or his estate by— #####
(A)in the case of an individual who is an employee of the Department of Defense or other Federal agency, set off against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the United States; and #####
(B)such other method provided by law for the recovery of amounts owing to the United States. ####
(3)The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ####
(4)The total amount of educational assistance provided to an individual under a program established under subsection
(a)shall, for purposes of repayment under this section, bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)). ###
(g)Preference In evaluating applicants for the award of a scholarship or fellowship under a program established under subsection (a), the Secretary shall give a preference to— ####
(1)individuals who are, or have been, employed by the Department of Defense or its contractors and subcontractors who have been engaged in defense-related activities; and ####
(2)individuals who are or have been members of the Armed Forces. ###
(h)Coordination of Benefits A scholarship or fellowship awarded under this section shall be taken into account in determining the eligibility of the individual for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ###
(i)Award of Scholarships and Fellowships The Secretary may award to qualified applicants not more than 100 scholarships (for undergraduate students) and not more than 30 fellowships (for graduate students) in fiscal year 1993. ###
(j)Report to Congress Not later than January 1, 1994, the Secretary shall submit to the Congress a report on activities undertaken under the programs established under subsection
(a)and recommendations for future activities under the programs. ###
(k)Funding for Fiscal Year 1993 Of the amount authorized to be appropriated in section 301(5)— ####
(1)$7,000,000 shall be available to carry out the scholarship and fellowship programs established in subsection (a); and ####
(2)$3,000,000 shall be available to provide training to Department of Defense personnel to obtain the skills required to comply with existing environmental statutory and regulatory requirements. * * * * * * * ## subtitle F Job Training and Employment and Educational Opportunities
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Sec. 4451
ENVIRONMENTAL SCHOLARSHIP AND FELLOWSHIP PROGRAMS FOR THE DEPARTMENT OF DEFENSE
Cites 3Cited by 0 across 0 sources