David L. Boren National Security Education Act of 1991

(Public Law 102-183; 105 Stat. 1271; approved December 4, 1991)

TITLE VIII-NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

SEC. 801. [50 U.S.C. 1901] SHORT TITLE, FINDINGS, AND PURPOSES.
(a) SHORT TITLE.-This title may be cited as the "David L.
Boren National Security Education Act of 1991".
(b) FINDINGS.-The Congress makes the following findings:
(1) The security of the United States is and will continue
to depend on the ability of the United States to exercise international
leadership.
(2) The ability of the United States to exercise international
leadership is, and will increasingly continue to be,
based on the political and economic strength of the United
States, as well as on United States military strength around
the world.
(3) Recent changes in the world pose threats of a new kind
to international stability as Cold War tensions continue to decline
while economic competition, regional conflicts, terrorist
activities, and weapon proliferations have dramatically increased.
(4) The future national security and economic well-being of
the United States will depend substantially on the ability of its
citizens to communicate and compete by knowing the languages
and cultures of other countries.
(5) The Federal Government has an interest in ensuring
that the employees of its departments and agencies with national
security responsibilities are prepared to meet the challenges
of this changing international environment.
(6) The Federal Government also has an interest in taking
actions to alleviate the problem of American undergraduate
and graduate students being inadequately prepared to meet
the challenges posed by increasing global interaction among
nations.
(7) American colleges and universities must place a new
emphasis on improving the teaching of foreign languages, area
studies, counterproliferation studies, and other international
fields to help meet those challenges.
(c) PURPOSES.-The purposes of this title are as follows:
(1) To provide the necessary resources, accountability, and
flexibility to meet the national security education needs of the
United States, especially as such needs change over time.
(2) To increase the quantity, diversity, and quality of the
teaching and learning of subjects in the fields of foreign lan-
guages, area studies, counterproliferation studies, and other
international fields that are critical to the Nation's interest.
(3) To produce an increased pool of applicants for work in
the departments and agencies of the United States Government
with national security responsibilities.
(4) To expand, in conjunction with other Federal programs,
the international experience, knowledge base, and perspectives
on which the United States citizenry, Government employees,
and leaders rely.
(5) To permit the Federal Government to advocate the
cause of international education.
SEC. 802. [50 U.S.C. 1902] SCHOLARSHIP, FELLOWSHIP, AND GRANT
PROGRAM.
(a) PROGRAM REQUIRED.-
(1) IN GENERAL-The Secretary of Defense shall carry out
a program for-
(A) awarding scholarships to undergraduate students
who-
(i) 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
803(d)(4)(A)) in those languages and study areas
where deficiencies exist (as identified in the assessments
undertaken pursuant to section 806(d)); and
(ii) pursuant to subsection (b)(Z)(A), enter into an
agreement to work in a national security position or
work in the field of higher education in the area of
study for which the scholarship was awarded;
(B) awarding fellowships to graduate students who-
(i) are United States citizens to enable such students
to pursue education as part of a graduate degree
program of a United States institution of higher education
in the disciplines of foreign languages, area
studies, counterproliferation studies, and other international
fields relating to the national security interests
of the United States that are critical areas of
those disciplines (as determined under section
803(d)(4)(B))and in which deficiencies exist (as identified
in the assessments undertaken pursuant to section
806(d)); and
(ii) pursuant to subsection (b)(Z)(B), enter into an
agreement to work in a national security position or
work in the field of education in the area of study for
which the fellowship was awarded;
(C) awarding grants to institutions of higher education
to enable such institutions to establish, operate, or improve
programs in foreign languages, area studies,
counterproliferation studies, and other international fields
that are critical areas of those disciplines (as determined
under section 803(d)(4)(C)); and
(D) awarding grants to institutions of higher education
to carry out activities under the National Flagship Language
Initiative (described in subsection (i)).
(2) FUNDING ALLOCATIONS.-Of the amount available for
obligation out of the National Security Education Trust Fund
for any fiscal year for the purposes stated in paragraph (1), the
Secretary shall have a goal of allocating-
(A) 1h of such amount for the awarding of scholarships
pursuant to paragraph (l)(A);
(B) 1h of such amount for the awarding of fellowships
pursuant to paragraph (l)(B); and
(C) 1h of such amount for the awarding of grants pursuant
to paragraph (l)(C).
The funding allocation under this paragraph shall not apply to
grants under paragraph (1)(0) for the National Flagship Language
Initiative described in subsection (i). For the authorization
of appropriations for the National Flagship Language Initiative,
see section 811.
(3) CONSULTATION WITH NATIONAL SECURITY EDUCATION
BOARD.-The program required under this title shall be carried
out in consultation with the National Security Education
Board established under section 803.
(4) CONTRACT AUTHORITY.-The Secretary may enter into
one or more contracts, with private national organizations having
an expertise in foreign languages, area studies,
counterproliferation studies, and other international fields, for
the awarding of the scholarships, fellowships, and grants described
in paragraph (1) in accordance with the provisions of
this title. The Secretary may enter into such contracts without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or
any other provision of law that requires the use of competitive
procedures. 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.
(b) SERVICE AGREEMENT.-In awarding a scholarship or fellowship
under the program, the Secretary or contract organization referred
to in subsection (a)(4), as the case may be, shall require a
recipient of any fellowship, or any scholarship to enter into an
agreement that, in return for such assistance, the recipient-
(1) will maintain satisfactory academic progress, as determined
in accordance with regulations issued by the Secretary,
and agrees that failure to maintain such progress shall constitute
grounds upon which the Secretary or contract organization
referred to in subsection (a) (4) may terminate such
assistance;
(2) will-
(A) not later than eight years after such recipient's
completion of the study for which scholarship assistance
was provided under the program, and in accordance with
regulations issued by the Secretary-
(i) work in a national security position for a period
specified by the Secretary, which period shall be no
longer than the period for which scholarship assistance
was provided; or
(ii) if the recipient demonstrates to the Secretary
(in accordance with such regulations) that no national
security position in an agency or office of the Federal
Government having national security responsibilities
is available, work in other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to the foreign country, foreign
language, area 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
(B) upon completion of such recipient's education
under the program, and in accordance with such
regulations-
(i) work in a national security position for a period
specified by the Secretary, which period shall be not
less than one and not more than three times the period
for which the fellowship assistance was provided;
or
(ii) 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 other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to foreign country, foreign language,
area study, or international field of study for
which the fellowship was awarded, for a period specified
by the Secretary, which period shall be determined
in accordance with clause (i); and
(3) if the recipient fails to meet either of the obligations set
forth in paragraph (1) or (2), will reimburse the United States
Government for the amount of the assistance provided the recipient
under the program, together with interest at a rate determined
in accordance with regulations issued by the Secretary.
(c) EVALUATION OF PROGRESS IN LANGUAGE SKILLS.-The Secretary
shall, through the National Security Education Program office,
administer a test of the foreign language skills of each recipient
of a scholarship or fellowship under this title before the commencement
of the study or education for which the scholarship or
fellowship is awarded and after the completion of such study or
education. The purpose of these tests is to evaluate the progress
made by recipients of scholarships and fellowships in developing
foreign language skills as a result of assistance under this title.
(d) DISTRIBUTION OF ASSISTANCE.-In selecting the recipients
for awards of scholarships, fellowships, or grants pursuant to this
title, the Secretary or a contract organization referred to in subsection
(a)(4), as the case may be, shall take into consideration (1)
the extent to which the selections will result in there being an equitable
geographic distribution of such scholarships, fellowships, or
grants {as the case may be) among the various regions of the
United States, and (2) the extent to which the distribution of scholarships
and fellowships to individuals reflects the cultural, racial,
and ethnic diversity of the population of the United States.
(e) MERIT REVIEW.-The Secretary shall award scholarships,
fellowships, and grants under the program based upon a merit review
process.
(f) LIMITATION ON USE OF PROGRAM PARTICIPANTS.-No person
who receives a grant, scholarship, or fellowship or any other type
of assistance under this title shall, as a condition of receiving such
assistance or under any other circumstances, be used by any department,
agency, or entity of the United States Government engaged
in intelligence activities to undertake any activity on its behalf
during the period such person is pursuing a program of education
for which funds are provided under the program carried out
under this title.
(g) DETERMINATION OF AGENCIES AND OFFICES OF THE FEDERAL
GOVERNMENT HAVING NATIONAL SECURITY RESPONSIBILITIES.-(1)
The Secretary, in consultation with the Board, shall annually determine
and develop a list identifying each agency or office of the
Federal Government having national security responsibilities at
which a recipient of a fellowship or scholarship under this title will
be able to make the recipient's foreign area and language skills
available to such agency or office. The Secretary shall submit the
first such list to the Congress and include each subsequent list in
the annual report to the Congress, as required by section 806(b)(6).
(2) Notwithstanding section 804, funds may not be made available
from the Fund to carry out this title for fiscal year 1997 until
30 days after the date on which the Secretary of Defense submits
to the Congress the first such list required by paragraph (1).
(h) USE OF AWARDS To ATTEND THE FOREIGN LANGUAGE CENTER
OF THE DEFENSE LANGUAGE INSTITUTE.-(1) The Secretary
shall provide for the admission of award recipients to the Foreign
Language Center of the Defense Language Institute (hereinafter in
this subsection referred to as the "Center"). An award recipient
may apply a portion of the applicable scholarship or fellowship
award for instruction at the Center on a space-available basis as
a Department of Defense sponsored program to defray the additive
instructional costs.
(2) Except as the Secretary determines necessary, an award recipient
who receives instruction at the Center shall be subject to
the same regulations with respect to attendance, discipline, discharge,
and dismissal as apply to other persons attending the Center.
(3) In this subsection, the term "award recipient" means an undergraduate
student who has been awarded a scholarship under
subsection (a) (1) (A) or a graduate student who has been awarded
a fellowship under subsection (a)(1)(B) who-
(A) is in good standing;
(B) has completed all academic study in a foreign country,
as provided for under the scholarship or fellowship; and
(C) would benefit from instruction provided at the Center.
(i) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.-(1) Under the
National Flagship Language Initiative, institutions of higher education
shall 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 in the interests of the
national security of the United States.
(2) An undergraduate student who has been awarded a scholarship
under subsection (a)(l)(A) or a graduate student who has
been awarded a fellowship under subsection (a)(l)(B) may particiSec.
pate in the activities carried out under the National Flagship Language
Initiative.
(3) An institution of higher education that receives a grant
pursuant to subsection (a)(l)(D) shall give special consideration to
applicants who are employees of the Federal Government.
(4) For purposes of this subsection, the Foreign Language Center
of the Defense Language Institute and any other educational
institution that provides training in foreign languages operated by
the Department of Defense or an agency in the intelligence community
is deemed to be an institution of higher education, and may
carry out the types of activities permitted under the National Flagship
Language Initiative.
SEC. 803. [50 U.S.C. 1903] NATIONAL SECURITY EDUCATION BOARD.
(a) EsTABLISHMENT.-The Secretary of Defense shall establish
a National Security Education Board.
(b) COMPOSITION.-The Board shall be composed of the following
individuals or the representatives of such individuals:
(1) The Secretary of Defense, who shall serve as the chairman
of the Board.
(2) The Secretary of Education.
(3) The Secretary of State.
(4) The Secretary of Commerce.
(5) The Director of Central Intelligence.
(6) The Secretary of Energy.
(7) The Chairperson of the National Endowment for the
Humanities.
(8) Six individuals appointed by the President, by and with
the advice and consent of the Senate, who shall be experts in
the fields of international, language, area, and
counterproliferation studies education and who may not be officers
or employees of the Federal Government.
(c) TERM OF APPOINTEES.-Each individual appointed to the
Board pursuant to subsection (b)(7) shall be appointed for a period
specified by the President at the time of the appointment, but not
to exceed four years. Such individuals shall receive no compensation
for service on the Board but may receive reimbursement for
travel and other necessary expenses.
(d) FUNCTIONS.-The Board shall perform the following functions:
(1) Develop criteria for awarding scholarships, fellowships,
and grants under this title, including an order of priority in
such awards that favors individuals expressing an interest in
national security issues or pursuing a career in a national securitJ:
position.
(2) Provide for wide dissemination of information regarding
the activities assisted under this title.
(3) Establish qualifications for students desiring scholarships
or fellowships, and institutions of higher education desiring
grants, under this title, including, in the case of students
desiring a scholarship or fellowship, a requirement that the
student have a demonstrated commitment to the study of the
discipline for which the scholarship or fellowship is to be
awarded.
(4) After taking into account the annual analyses of trends
in language, international, area, and counterproliferation studies
under section 806(b)(l), make recommendations to the Secretary
regarding-
(A) which countries are not emphasized in other
United States study abroad programs, such as countries in
which few United States students are studying and countries
which are of importance to the national security interests
of the United States, and are, therefore, critical
countries for the purposes of section 802(a)(l)(A);
(B) which areas within the disciplines described in section
802(a)(l)(B) relating to the national security interests
of the United States are areas of study in which United
States students are deficient in learning and are, therefore,
critical areas within those disciplines for the purposes
of that section;
(C) which areas within the disciplines described in section
802(a)(l)(C) are areas in which United States students,
educators, and Government employees are deficient
in learning and in which insubstantial numbers of United
States institutions of higher education provide training
and are, therefore, critical areas within those disciplines
for the purposes of that section;
(D) how students desiring scholarships or fellowships
can be encouraged to work for an agency or office of the
Federal Government involved in national security affairs
or national security policy upon completion of their education;
and
(E) which foreign languages are critical to the national
security interests of the United States for purposes of section
802(a)(l)(D) (relating to grants for the National Flagship
Language Initiative).
(5) Encourage applications for fellowships under this title
from graduate students having an educational background in
any academic discipline, particularly in the areas of science or
technology.
(6) Provide the Secretary biennially with a list of scholarship
recipients and fellowship recipients, including an assessment
of their foreign area and language skills, who are available
to work in a national security position.
(7) Not later than 30 days after a scholarship or fellowship
recipient completes the study or education for which assistance
was provided under the program, provide the Secretary with a
report fully describing the foreign area and language skills obtained
by the recipient as a result of the assistance.
(8) Review the administration of the program required
under this title.
SEC. 804. [50 U.S.C. 1904] NATIONAL SECURITY EDUCATION TRUST
FUND.
(a) ESTABLISHMENT OF FUND.-There is established in the
Treasury of the United States a trust fund to be known as the "National
Security Education Trust Fund". The assets of the Fund consist
of amounts appropriated to the Fund and amounts credited to
the Fund under subsection (e).
(b) AVAILABILITY OF SUMS IN THE FUND.-Sums in the Fund
shall, to the extent provided in appropriations Acts, be available(1)
for awarding scholarships, fellowships, and grants in
accordance with the provisions of this title; and
(2) for properly allocable costs of the Federal Government
for the administration of the program under this title.
(c) INVESTMENT OF FUND AsSETS.-The Secretary of the Treasury
shall invest in full the amount in the Fund that is not immediately
necessary for expenditure. Such investments may be made
only in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States. For such purpose, such obligations may be acquired on
original issue at the issue price or by purchase of outstanding obligations
at the market price. The purposes for which obligations of
the United States may be issued under chapter 31 of title 31,
United States Code, are hereby extended to authorize the issuance
at par of special obligations exclusively to the Fund. Such special
obligations shall bear interest at a rate equal to the average rate
of interest, computed as to the end of the calendar month next preceding
the date of such issue, borne by all marketable interestbearing
obligations of the United States then forming a part of the
public debt, except that where such average rate is not a multiple
of l/s of 1 percent, the rate of interest of such special obligations
shall be the multiple of 1/s of 1 percent next lower than such average
rate. Such special obligations shall be issued only if the Secretary
of the Treasury determines that the purchases of other interest-
bearing obligations of the United States, or of obligations
guaranteed as to both principal and interest by the United States
or original issue or at the market price, is not in the public interest.
(d) AUTHORITY To SELL 0BLIGATIONS.-Any obligation acquired
by the Fund (except special obligations issued exclusively to the
Fund) may be sold by the Secretary of the Treasury at the market
price, and such special obligations may be redeemed at par plus accrued
interest.
(e) AMOUNTS CREDITED TO FUND.-(1) The interest on, and the
proceeds from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(2) Any amount paid to the United States under section
802(b)(3) shall be credited to and form a part of the Fund.
(3) Any gifts of money shall be credited to and form a part of
the Fund.
SEC. 805. [50 U.S.C. 1905] REGULATIONS AND ADMINISTRATIVE PROVISIONS
(a) REGULATIONS.-The Secretary may prescribe regulations to
carry out the program required by this title. Before prescribing any
such regulations, the Secretary shall submit a copy of the proposed
regulations to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives. Such proposed regulations may not take effect
until 30 days after the date on which they are submitted to those
committees.
(b) ACCEPTANCE AND USE OF GIFTS.-In order to conduct the
program required by this title, the Secretary may251
(1) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than that it
be used for the purpose of conducting the program required by
this title; and
(2) may use, sell, or otherwise dispose of such property for
that purpose.
(c) VOLUNTARY SERVICES.-In order to conduct the program
required by this title, the Secretary may accept and use the services
of voluntary and noncompensated personnel.
(d) NECESSARY EXPENDITURES.-Expenditures necessary to
conduct the program required by this title shall be paid from the
Fund, subject to section 804(b).
SEC. 806. [50 U.S.C. 1906] ANNUAL REPORT.
(a) ANNUAL REPORT.-(1) The Secretary shall submit to the
President and to the congressional intelligence committees an annual
report of the conduct of the program required by this title.
(2) The report submitted to the President shall be submitted
each year at the time that the President's budget for the next fiscal
year is submitted to Congress pursuant to section 1105 of title 31,
United States Code.
(3) The report submitted to the congressional intelligence committees
shall be submitted on the date provided in section 507 of
the National Security Act of 1947.
(b) CONTENTS OF REPORT.-Each such report shall contain-
(1) an analysis of the trends within language, international,
area, and counterproliferation studies, along with a
survey of such areas as the Secretary determines are receiving
inadequate attention;
(2) the effect on those trends of activities under the program
required by this title;
(3) an analysis of the assistance provided under the program
for the previous fiscal year, to include the subject areas
being addressed and the nature of the assistance provided;
(4) an analysis of the performance of the individuals who
received assistance under the program during the previous fiscal
year, to include the degree to which assistance was terminated
under the program and the extent to which individual
recipients failed to meet their obligations under the program;
(5) an analysis of the results of the program for the previous
fiscal year, and cumulatively, to include, at a minimum(
A) the percentage of individuals who have received
assistance under the program who subsequently became
employees of the United States Government;
(B) in the case of individuals who did not subsequently
become employees of the United States Government, an
analysis of the reasons why they did not become employees
and an explanation as to what use, if any, was made of the
assistance by those recipients; and
(C) the uses made of grants to educational institutions;
(6) the current list of agencies and offices of the Federal
Government required to be developed by section 802(g); and
(7) any legislative changes recommended by the Secretary
to facilitate the administration of the program or otherwise to
enhance its objectives.
(c) SUBMISSION OF INITIAL REPORT.-The first report under this
section shall be submitted at the time the budget for fiscal year
1994 is submitted to Congress.
(d) CONSULTATION.-During the preparation of each report required
by subsection (a), the Secretary shall consult with the members
of the Board specified in paragraphs (l) through (7) of section
803(b). Each such member shall submit to the Secretary an assessment
of their hiring needs in the areas of language and area studies
and a projection of the deficiencies in such areas. The Secretary
shall include all assessments in the report required by subsection
(a).
SEC. 807. [50 U.S.C. 1907] GENERAL ACCOUNTING OFFICE AUDITS.
The conduct of the program required by this title may be audited
by the General Accounting Office under such rules and regulations
as may be prescribed by the Comptroller General of the
United States. Representatives of the General Accounting Office
shall have access to all books, accounts, records, reports, and files
and all other papers, things, or property of the Department of Defense
pertaining to such activities and necessary to facilitate the
audit.
SEC. 808. [50 U.S.C. 1908] DEFINITIONS.
For the purpose of this title:
(l) The term "Board" means the National Security Education
Board established pursuant to section 803.
(2) The term "Fund" means the National Security Education
Trust Fund established pursuant to section 804.
(3) The term "institution of higher education" has the
meaning given that term by section 101 of the Higher Education
Act of 1965.
(4) The term "national security position" means a
position-
(A) having national security responsibilities in a agency
or office of the Federal Government that has national
security responsibilities, as determined under section
802(g); and
(B) in which the individual in such position makes
their foreign language skills available to such agency or office.
(5) The term "congressional intelligence committees"
means-
(A) the Select Committee on Intelligence of the Senate;
and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 809. [50 U.S.C. 1909] FISCAL YEAR 1992 FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS TO THE FUND.-There
is hereby authorized to be appropriated to the Fund for fiscal year
1992 the sum of $150,000,000.
(b) AUTHORIZATION OF OBLIGATIONS FROM THE FUND.-During
fiscal year 1992, there may be obligated from the Fund such
amounts as may be provided in appropriations Acts, not to exceed
253 DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991 Sec. 811
$35,000,000. Amounts made available for obligation from the Fund
for fiscal year 1992 shall remain available until expended.
SEC. 810. [50 U.S.C. 1910] FUNDING.
(a) FISCAL YEARS 1993 AND 1994.-Amounts appropriated to
carry out this title for fiscal years 1993 and 1994 shall remain
available until expended.
(b) FISCAL YEARS 1995 AND 1996.-There is authorized to be
appropriated from, and may be obligated from, the Fund for each
of the fiscal years 1995 and 1996 not more than the amount credited
to the Fund in interest only for the preceding fiscal year under
section 804(e).
SEC. 811. [50 U.S.C. 1911] ADDITIONAL ANNUAL AUTHORIZATION OF
APPROPRIATIONS.
(a) IN GENERAL-In addition to amounts that may be made
available to the Secretary under the Fund for a fiscal year, there
is authorized to be appropriated to the Secretary for each fiscal
year, beginning with fiscal year 2003, $10,000,000, to carry out the
grant program for the National Flagship Language Initiative under
section 802(a)(l)(D).
(b) AVAILABILITY OF APPROPRIATED FUNDS.-Amounts appropriated
pursuant to the authorization of appropriations under subsection
(a) shall remain available until expended.