Editorial Notes

Codification

Section, as added by Pub. L. 109–163, consists of text of Pub. L. 108–375, div. A, title XI, § 1105, Oct. 28, 2004, 118 Stat. 2074; Pub. L. 109–163, div. A, title X, § 1056(d), title XI, § 1104(a)–(c), Jan. 6, 2006, 119 Stat. 3440, 3448, 3449; Pub. L. 111–383, div. A, title X, § 1075(h)(5), Jan. 7, 2011, 124 Stat. 4377, which was formerly set out as a note under section 2192 of this title, and was repealed by Pub. L. 109–163, div. A, title XI, § 1104(e)(1), Jan. 6, 2006, 119 Stat. 3450.

Amendments

2022—Subsec. (f)(3). Pub. L. 117–263 added par. (3).

2021—Pub. L. 116–283, § 1843(a), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2192a of this title as this section.

Subsec. (c)(1)(B)(i). Pub. L. 116–283, § 242(1), inserted “, including by serving on active duty in the Armed Forces” after “Department”.

Subsec. (d)(3). Pub. L. 116–283, § 242(2), added par. (3).

Subsec. (f). Pub. L. 116–283, § 242(3), designated existing provisions as par. (1) and added par. (2).

2015—Subsec. (b)(1)(A). Pub. L. 114–92, § 212(1), inserted “or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995” after “United States”.

Subsecs. (g), (h). Pub. L. 114–92, § 212(2), (3), added subsec. (g) and redesignated former subsec. (g) as (h).

2014—Subsec. (c)(1)(B). Pub. L. 113–291 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).”

2013—Subsec. (b)(2). Pub. L. 113–66 substituted “an amount determined by the Secretary of Defense” for “the amount determined by the Secretary of Defense as being necessary to pay all educational expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, equipment expenses, and expenses of room and board”.

2009—Subsec. (c)(2). Pub. L. 111–84, § 1102(b), substituted “The” for “Except as provided in subsection (d), the” in second sentence.

Subsec. (d). Pub. L. 111–84, § 1102(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) provided that, under certain circumstances, the Secretary of Defense could appoint or retain a SMART program participant as an interim employee and separate such participant from employment if no appropriate permanent position was available at the end of the interim period and that the period of interim service would count towards the participant’s obligated service requirements.

Subsec. (f). Pub. L. 111–84, § 1102(c), struck out “The program under this section is in addition to the authorities provided in chapter 111 of this title.” before “The Secretary” and substituted “the other authorities provided in this chapter” for “the authorities provided in such chapter”.

Subsecs. (g), (h). Pub. L. 111–84, § 1102(d)(1), redesignated subsec. (h) as (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “Not later than February 1, 2007, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives a plan for expanding and improving the national defense science and engineering workforce educational assistance program carried out under this section as appropriate to improve recruitment and retention to meet the requirements of the Department of Defense for its science and engineering workforce on a short-term basis and on a long-term basis.”

2008—Subsec. (e)(4). Pub. L. 110–417, § 1061(a)(5)(A), substituted “title 11” for “title 11, United States Code,”.

Subsec. (f). Pub. L. 110–417, § 1061(a)(5)(B), substituted “this title” for “title 10, United States Code”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by section 1843(a) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

National Security Workforce and Educational Diversity Activities

Pub. L. 116–283, div. A, title II, § 250, Jan. 1, 2021, 134 Stat. 3495, provided that:

“(a)

In General.—

The Secretary of Defense shall seek to diversify participation in the Science, Mathematics, and Research for Transformation (SMART) Defense Education Program under section 2192a of title 10, United States Code [now 10 U.S.C. 4093].

“(b)

Activities.—

In carrying out subsection (a), the Secretary shall—

“(1)

subject to the availability of appropriations for this purpose, set aside funds for financial assistance, scholarships, and fellowships for students at historically Black colleges or universities or at minority institutions of higher education and such other institutions as the Secretary considers appropriate;

“(2)

partner with institutions of higher education, and such other public and private sector organizations as the Secretary considers appropriate, to increase diversity of participants in the program described in subsection (a);

“(3)

establish individual and organizational incentives, and such other activities as the Secretary considers appropriate, to increase diversity of student participation in the program described in subsection (a);

“(4)

increase awareness of opportunities to participate in the program described in subsection (a);

“(5)

evaluate the potential for new programs, fellowships, and other activities at historically Black colleges or universities and minority institutions of higher education to increase diversity in educational and workforce development programs;

“(6)

identify potential changes to the program described in subsection (a) that would improve diversity of participants in such program; and

“(7)

establish metrics to evaluate success of activities under this section.

“(c)

Report.—

Not later than September 30, 2024, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that evaluates the success of activities conducted by the Secretary in increasing diversity in appropriate programs of the Department of Defense and hiring and retaining diverse individuals in the science, mathematics, and research workforce of the public sector.”

Effect on Current Participants in SMART Pilot Program

Pub. L. 109–163, div. A, title XI, § 1104(f), Jan. 6, 2006, 119 Stat. 3450, provided that: “Participation in the Science, Mathematics, and Research for Transformation (SMART) Defense Scholarship Pilot Program under section 1105 of Public Law 108–375 [see Codification note above] by an individual who has entered into an agreement under that pilot program before the date of the enactment of this Act [Jan. 6, 2006] shall be governed by the terms of such agreement without regard to the amendments made by this section [enacting this section, amending section 3304 of Title 5, Government Organization and Employees, and amending and repealing provisions set out as a note under section 2192 of this title].”