38 U.S.C. § 7902 — Scholarship program
submitted 20 years ago by Pub. L. 109-461 to r/title-38-VETERANS-BENEFITS · 957 words · no verdicts yet
Subject to appropriations, the Secretary may create scholarships for qualified doctoral students in specified fields who agree to Department service. The section sets payment limits, repayment, waiver, internships, and an education-assistance exclusion.
(a) Authority. (1) Subject to appropriations and subsection (d), the Secretary* may establish a scholarship program and provide assistance to a qualified person pursuing a doctoral degree in computer science or electrical or computer engineering at an accredited institution who signs the subsection (b) agreement. (2) Assistance may last up to five years, unless the Secretary finds a waiver appropriate.
(b) Service agreement. (1) A recipient must agree to accept and continue Department* employment for the obligated-service period set under paragraph (2). (2) The Secretary sets the period needed to obtain adequate service in exchange for the assistance and achieve section 7901(a)’s goals. It may never be shorter than the time spent pursuing the degree for which assistance was provided. It is in addition to any other active-duty or civil-service obligation. (3) The agreement must say (A) service begins after the degree is awarded, on a date set by section 7906 regulations; (B) the person must maintain satisfactory academic progress under those regulations, and failure is grounds to end assistance; and (C) any other Secretary-set terms and conditions.
(c) Amount. The Secretary sets the amount needed for tuition and fees and $1,500 per month for books, laboratory costs, and room and board, including qualifying academic breaks and independent research. Assistance may not exceed $50,000 in an academic year or $200,000 total. It is not income or resources for Federal or federally assisted benefit eligibility or amounts.
(d) Repayment. A recipient who does not satisfy the service agreement must repay the unearned portion, unless the Secretary authorizes otherwise. Regulations may set repayment calculations and exceptions. The repayment is a debt to the United States, and bankruptcy within five years after agreement or contract termination does not discharge it.
(e) Waiver or suspension. Regulations must allow waiver or suspension of service or payment duties when noncompliance is beyond the person’s control or the Secretary finds it in the United States’ best interest.
(f) Internships. The Secretary may offer a paid internship during an academic break. Its pay is additional and the internship does not count toward obligated service.
(g) Ineligibility. A person receiving specified Montgomery GI Bill or title 10 education assistance for a month enrolled in doctoral information-security education cannot receive this section’s assistance for that month.
Subject to the availability of appropriations, the Secretary* may establish a scholarship program under which the Secretary shall, subject to subsection (d), provide financial assistance in accordance with this section to a qualified person—
who is pursuing a doctoral degree in computer science or electrical or computer engineering at an accredited institution of higher education; and
who enters into an agreement with the Secretary as described in subsection (b).
Except as provided in subparagraph (B), the Secretary may provide financial assistance under this section to an individual for up to five years.
The Secretary may waive the limitation under subparagraph (A) if the Secretary determines that such a waiver is appropriate.
To receive financial assistance under this section an individual shall enter into an agreement to accept and continue employment in the Department* for the period of obligated service determined under paragraph (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 as being appropriate to obtain adequate service in exchange for the financial assistance and otherwise to achieve the goals set forth in section 7901(a) of this title. In no event may the period of service required of a recipient be less than the period equal to 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.
An agreement entered into under this section by a person pursuing a doctoral degree shall include terms that provide the following:
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 7906 of this title.
That the individual 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 individual under this section.
Any other terms and conditions that the Secretary determines appropriate for carrying out this section.
The amount of the financial assistance provided for an individual under this section shall be the amount determined by the Secretary as being necessary to pay—
the tuition and fees of the individual; and
$1,500 to the individual each month (including a month between academic semesters or terms leading to the degree for which such assistance is provided or during which the individual is not enrolled in a course of education but is pursuing independent research leading to such degree) for books, laboratory expenses, and expenses of room and board.
In no case may the amount of assistance provided for an individual under this section for an academic year exceed $50,000.
In no case may the total amount of assistance provided for an individual under this section exceed $200,000.
Notwithstanding any other provision of law, financial assistance paid an individual under this section shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program.
An individual who receives financial assistance under this section shall repay to the Secretary an amount equal to the unearned portion of the financial assistance if the individual fails to satisfy the requirements of the service agreement entered into under subsection (b), except in circumstances authorized by the Secretary.
The Secretary may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted.
An obligation to repay the Secretary under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.
The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this section (or an agreement under this section) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
The Secretary may offer a compensated internship to an individual for whom financial assistance is provided under this section during a period between academic semesters or terms leading to the degree for which such assistance is provided. Compensation* provided for such an internship shall be in addition to the financial assistance provided under this section.
An internship under this subsection shall not be counted toward satisfying a period of obligated service under this section.
An individual who receives a payment of educational assistance under chapter 30, 31, 32, 34, or 35 of this title or chapter 1606 or 1607 of title 10 for a month in which the individual is enrolled in a course of education leading to a doctoral degree in information security is not eligible to receive financial assistance under this section for that month.
Source credit: (Added Pub. L. 109–461, title IX, § 903(a)(1), Dec. 22, 2006, 120 Stat. 3460.)
- 2006Enacted · Pub. L. 109-461 · 120 Stat. 3460
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-461 on 2006-12-22.
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