§ 441g-2. Intelligence Community Scholarship Program

(a) Establishment
(1) In general
The Director of National Intelligence, in consultation with the head of each agency of the intelligence community, shall establish a scholarship program (to be known as the “Intelligence Community Scholarship Program”) to award scholarships to individuals that is designed to recruit and prepare students for civilian careers in the intelligence community to meet the critical needs of the intelligence community agencies.
(2) Selection of recipients
(A) Merit and agency needs
Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit and the needs of the agency.
(B) Demonstrated commitment
Individuals selected under this section shall have a demonstrated commitment to the field of study for which the scholarship is awarded.
(3) Contractual agreements
To carry out the Program the head of each agency shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the agency, for the period described in subsection (g)(1) of this section, in positions needed by the agency and for which the individuals are qualified, in exchange for receiving a scholarship.
(b) Eligibility
In order to be eligible to participate in the Program, an individual shall—
(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education and be pursuing or intend to pursue undergraduate or graduate education in an academic field or discipline described in the list made available under subsection (d) of this section;
(2) be a United States citizen; and
(3) at the time of the initial scholarship award, not be an employee (as defined under section 2105 of title 5).
(c) Application
An individual seeking a scholarship under this section shall submit an application to the Director of National Intelligence at such time, in such manner, and containing such information, agreements, or assurances as the Director may require.
(d) Programs and fields of study
The Director of National Intelligence shall—
(1) make publicly available a list of academic programs and fields of study for which scholarships under the Program may be used; and
(2) update the list as necessary.
(e) Scholarships
(1) In general
The Director of National Intelligence may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the Director, as part of the application required under subsection (c) of this section, a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d) of this section.
(2) Limitation on years
An individual may not receive a scholarship under this section for more than 4 academic years, unless the Director of National Intelligence grants a waiver.
(3) Student responsibilities
Scholarship recipients shall maintain satisfactory academic progress.
(4) Amount
The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Director of National Intelligence, but shall in no case exceed the cost of tuition, fees, and other authorized expenses as established by the Director.
(5) Use of scholarships
A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Director of National Intelligence by regulation.
(6) Payment to institution of higher education
The Director of National Intelligence may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided.
(f) Special consideration for current employees
(1) Set aside of scholarships
Notwithstanding paragraphs (1) and (3) of subsection (b) of this section, 10 percent of the scholarships awarded under this section shall be set aside for individuals who are employees of agencies on December 17, 2004, to enhance the education of such employees in areas of critical needs of agencies.
(2) Full- or part-time education
Employees who are awarded scholarships under paragraph (1) shall be permitted to pursue undergraduate or graduate education under the scholarship on a full-time or part-time basis.
(g) Employee service
(1) Period of service
Except as provided in subsection (i)(2) of this section, the period of service for which an individual shall be obligated to serve as an employee of the agency is 24 months for each academic year for which a scholarship under this section is provided. Under no circumstances shall the total period of obligated service be more than 8 years.
(2) Beginning of service
(A) In general
Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided.
(B) Deferral
In accordance with regulations established by the Director of National Intelligence, the Director or designee may defer the obligation of an individual to provide a period of service under paragraph (1) if the Director or designee determines that such a deferral is appropriate.
(h) Repayment
(1) In general
Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Director of National Intelligence, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (i)(2) of this section. The repayment period may be extended by the Director when determined to be necessary, as established by regulation.
(2) Liability
Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the Director of National Intelligence under subsection (i)(2)(B) [1] of this section, shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to—
(A) the total amount of scholarships received by such individual under this section; and
(B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States, multiplied by 3.
(i) Cancellation, waiver, or suspension of obligation
(1) Cancellation
Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual.
(2) Waiver or suspension
The Director of National Intelligence shall prescribe regulations to provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government.
(j) Regulations
The Director of National Intelligence shall prescribe regulations necessary to carry out this section.
(k) Definitions
In this section:
(1) Agency
The term “agency” means each element of the intelligence community as determined by the Director of National Intelligence.
(2) Institution of higher education
The term “institution of higher education” has the meaning given that term under section 1001 of title 20.
(3) Program
The term “Program” means the Intelligence Community Scholarship Program established under subsection (a) of this section.


[1] So in original. Probably should be subsection “(g)(2)(B)”.