```

[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14955-14959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6163]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 240

[DOD-2008-OS-0050]
RIN 0790-AI28

DoD Information Assurance Scholarship Program (IASP)

AGENCY: Department of Defense (DoD), DoD Chief Information Officer (DoD 
CIO)

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This part implements policy, responsibilities and procedures 
for executing an information assurance scholarship and grant program, 
known as the DoD Information Assurance Scholarship Program (IASP). The 
DoD IASP will be used to recruit and retain the nation's top 
information assurance and information technology talent, which is 
critical as DoD progresses into the cybersecurity arena.

DATES: This rule is effective April 13, 2012.

FOR FURTHER INFORMATION CONTACT: Joyce France, (571) 372-4652.

SUPPLEMENTARY INFORMATION: This rule will add a part to DoD regulations 
to implement policy, responsibilities and procedures for executing an 
information assurance scholarship and grant program, known as the DoD 
Information Assurance Scholarship Program (IASP). Authorized by 10 
U.S.C. 2200, the DoD IASP will be used to recruit and retain the 
nation's top information assurance and information technology talent, 
which is critical as DoD progresses into the cybersecurity arena.
    The DoD IASP proposed rule, 32 CFR part 240, was published to the 
Federal Register, (75 FR 9142) on Monday, March 1, 2010 for public 
comments. The comment period ended on April 30, 2010. DoD received no 
comments. However, the Department did make minor changes to the final 
rule that were not included in the proposed rule. These changes were 
based upon additional coordination of the rule document within the 
Department and will help clarify policy, responsibilities, and 
procedures pertaining to the implementation of the scholarship program.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR part 240 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 240 does not contain a 
Federal mandate that may result in expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 240 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    Section 240.7 of this rule contains information collection 
requirements. DoD has submitted the following proposal to OMB under the 
provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title: DoD Information Assurance Scholarship Program (IASP).
    Type of Request: New.
    Number of Respondents: 422.
    Responses per Respondent: 1.
    Annual Responses: 422.
    Average Burden per Response: 4.16 hours.
    Annual Burden Hours: 1,755 hours.
    Needs and Uses: The National Security Agency (NSA) is the Executive 
Administrator of the DoD Information Assurance Scholarship Program 
(IASP), serving on behalf of the DoD Chief Information Officer. Those 
who wish to participate in the DoD IASP Recruitment program must 
complete and submit an application package through their college or 
university to NSA. Centers of Academic Excellence in Information 
Assurance Education and Research (CAEs) interested in applying for 
capacity-building grants must complete and submit a written proposal, 
and all colleges and universities subsequently receiving grants must 
provide documentation on how the grant funding was utilized and the 
resulting accomplishments. In addition, DoD IASP participants and their 
faculty advisors (Principal Investigators) are required to complete 
annual program assessment documents. Without this written 
documentation, the DoD has no means of judging the quality of 
applicants to the program or collecting information regarding program 
performance.
    Affected Public: ``Individuals or households,'' specifically 
college students at institutions designated as CAEs who are interested 
in, and qualified to, apply for a scholarship; CAEs interested in 
submitting proposals for capacity-building grants, and faculty advisors 
(Principal Investigators).
    Frequency: Annually.
    Respondent's Obligation: Required to obtain or retain benefits.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 240 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 240

    Scholarships and grants.

    Accordingly 32 CFR part 240 is added to read as follows:

[[Page 14956]]

PART 240--DOD INFORMATION ASSURANCE SCHOLARSHIP PROGRAM (IASP)

Sec.
240.1 Purpose.
240.2 Applicability.
240.3 Definitions.
240.4 Policy.
240.5 Responsibilities.
240.6 Retention program.
240.7 Recruitment program.

    Authority:  10 U.S.C. 2200, 10 U.S.C. 7045.

Sec.  240.1  Purpose.

    This part implements policy, responsibilities and procedures for 
executing the DoD Information Assurance Scholarship Program (IASP).

Sec.  240.2  Applicability.

    This part applies to the Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities within 
the Department of Defense (hereafter referred to collectively as the 
``DoD Components''). The term ``Military Services,'' as used herein, 
refers to the Army, the Navy, the Air Force, and the Marine Corps.

Sec.  240.3  Definitions.

    The following definitions are used in this part:
    CAE. A collective term that refers to both CAE/IAE and CAE-R.
    CAE/IAE. An institution of higher education that has met 
established criteria for IA education and has been jointly designated 
by the Department of Homeland Security and the NSA as a national center 
of excellence.
    CAE-R. An institution of higher education which has met established 
criteria for IA research and has been jointly designated by the 
Department of Homeland Security and the NSA as a national center of 
excellence.
    IA. For the purpose of this part, the term ``IA'' includes computer 
security, network security, cybersecurity, cyber operations, and other 
relevant IT related to information assurance pursuant to 10 U.S.C. 
2200e.
    IT. For the purpose of this part, the term ``IT'' refers to any 
equipment or interconnected system or subsystem of equipment that is 
used in the automatic acquisition, storage, manipulation, management, 
movement, control, display, switching, interchange, transmission, or 
reception of data or information. ``IT'' includes computers, ancillary 
equipment, software, firmware, and similar procedures, services 
(including support services), and related resources.
    Institution of Higher Education. For the purpose of this part and 
as defined in 20 U.S.C. 1001, an ``institution of higher education'' 
refers to an educational institution in any state that:
    (1) Admits as regular students only individuals who possess a 
certificate of graduation from a school providing secondary education, 
or the recognized equivalent of such a certificate;
    (2) Is legally authorized to provide a program of education beyond 
secondary education;
    (3) Provides an educational program that awards bachelor's degrees, 
or provides no less than a 2-year program that is acceptable for full 
credit toward a degree;
    (4) Is a public or other nonprofit institution; and
    (5) Is accredited by a nationally recognized accrediting agency or 
association, or if not so accredited, is an institution that has been 
granted preaccreditation status by such an agency or association that 
has been recognized by the Secretary of Education for the granting of 
preaccreditation status, and the Secretary has determined that there is 
satisfactory assurance that the institution will meet the accreditation 
standards of such an agency or association within a reasonable time.
    Partner University. A CAE that has joined in academic partnership 
with the NDU IRMC to award master's and doctoral degrees through the 
DoD IASP.
    Principal Investigator. The primary point of contact at each CAE, 
responsible for publicizing the DoD IASP to potential recruitment 
students and working with students during the application process. 
Principal investigators also serve as the primary contact for 
recruitment students and retention students who have transferred from 
the IRMC to a partner university.
    Recruitment Program. The portion of the DoD IASP available to 
qualified non-DoD students currently enrolled or accepted for 
enrollment at a designated CAE.
    Recruitment Students. Non-DoD students currently enrolled at a 
designated CAE who are active participants in the DoD IASP recruitment 
program.
    Retention Program. The portion of the DoD IASP available to full-
time, active duty Service personnel and permanent civilian employees of 
the DoD Components.
    Retention Students. Full-time active duty Service personnel and 
permanent civilian employees of the DoD Components who are active 
participants in the DoD IASP retention program.

Sec.  240.4  Policy.

    It is DoD policy that:
    (a) The Department of Defense shall recruit, develop, and retain a 
highly skilled cadre of professionals to support the critical IA and 
information technology (IT) management, technical, digital and 
multimedia forensics, cyber, and infrastructure protection functions 
required for a secure network-centric environment.
    (b) The DoD IASP shall be used to attract new entrants to the DoD 
IA and IT workforce and to retain current IA and IT personnel necessary 
to support the DoD's diverse warfighting, business, intelligence, and 
enterprise information infrastructure requirements.
    (c) The academic disciplines, with concentrations in IA eligible 
for IASP support include, but are not limited to: biometrics, business 
management or administration, computer crime investigations, computer 
engineering, computer programming, computer science, computer systems 
analysis, cyber operations, cybersecurity, database administration, 
data management, digital and multimedia forensics, electrical 
engineering, electronics engineering, information security (assurance), 
information systems, mathematics, network management/operations, 
software engineering, and other similar disciplines as approved by DoD 
Chief Information Officer (DoD CIO).
    (d) Subject to availability of funds, the DoD may provide grants to 
institutions of higher education for faculty, curriculum, and 
infrastructure development and academic research to support the DoD IA/
IT critical areas of interest.

Sec.  240.5  Responsibilities.

    (a) The Department of Defense Chief Information Officer (DoD CIO) 
shall:
    (1) Establish overall policy and guidance to conduct and administer 
the DoD IASP pursuant to Deputy Secretary of Defense Memorandum, 
``Delegation of Authority and Assignment of Responsibility under 
section 922 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001,'' October 30, 2000.
    (2) Develop an annual budget recommendation to administer the DoD 
IASP and provide academic scholarships and grants in accordance with 10 
U.S.C. 2200 and 7045.
    (3) Oversee program administration and execution by the Director, 
National Security Agency (DIRNSA).

[[Page 14957]]

    (4) Chair the DoD IASP Steering Committee, established pursuant to 
DoD Instruction 5105.18, to oversee and provide program direction over:
    (i) Student eligibility criteria.
    (ii) Grant and capacity building selection criteria for awards to 
CAEs.
    (iii) Final approval for the allocation of individual DoD IASP 
scholarships and grants.
    (iv) Communications and marketing plans.
    (v) DoD IASP metrics and analysis of performance results, including 
student and CAE/IAE feedback.
    (b) The DIRNSA, under the authority, direction, and control of the 
Under Secretary of Defense for Intelligence, shall:
    (1) Serve as the DoD IASP Executive Administrator to:
    (i) Implement the DoD IASP and publish in writing all of the 
criteria, procedures, and standards required for program 
implementation. Responsibilities are to:
    (A) Implement the scholarship application and selection procedures 
for recruitment and retention students.
    (B) Establish procedures for recruiting students to meet service 
obligations through employment with a DoD Component upon graduation 
from their academic program.
    (C) Ensure that all students' academic eligibility is maintained, 
service obligations are completed, and that reimbursement obligations 
for program disenrollment are fulfilled.
    (D) Establish procedures for CAEs and employing DoD Components to 
report on students' progress.
    (E) Maintain appropriate accounting for all funding disbursements.
    (F) Execute the debt collection process on the behalf of the DoD 
and in accordance with Volume 5 of DoD 7000.14-R for scholarship 
recipients who fail to complete a period of obligated service resulting 
from their participation in the DoD IASP. This includes, but is not 
limited to, exercising the authority under 10 U.S.C. 2200a(e), 
consistent with the relevant provisions of 37 U.S.C. 303a(e), to 
determine an amount owed and to take necessary actions to collect the 
amount owed, and to act upon requests for waivers, in whole or in part, 
when determined to be appropriate.
    (ii) Subject to availability of funds, make grants on behalf of the 
DoD CIO to institutions of higher education to support the 
establishment, improvement, and administration of IA education programs 
pursuant to 10 U.S.C. 2200, 2200b, and 7045.
    (A) Develop and implement the annual solicitation for proposals for 
grants.
    (B) Coordinate the review process for grant proposals.
    (C) Distribute grant funding and maintain appropriate accounting.
    (D) Establish annual reporting procedures for grant recipients 
(CAEs) to detail the resulting accomplishments of their grant 
implementations.
    (E) Obtain written documentation from grant recipients (CAEs) on 
how grant funding was utilized and the resulting accomplishments.
    (2) Provide representation to the DoD IASP Steering Committee and 
provide briefings and reports, as required, to effect proper oversight 
by the DoD CIO and the DoD IASP Steering Committee.
    (3) Maintain databases to support the analysis of performance 
results.
    (c) The Chancellor of the Information Resources Management College 
(IRMC) of the National Defense University, under the authority, 
direction and control of the Chairman of the Joint Chiefs of Staff, 
shall:
    (1) Establish partner university agreements with CAEs to provide 
master's and doctoral degree opportunities to current, former, and 
future IRMC students who are awarded retention scholarships.
    (2) Maintain records of DoD IASP student enrollments and graduates 
and provide data to the DoD IASP Executive Administrator and the DoD 
CIO as required.
    (3) Serve as the liaison between IRMC retention students, their 
follow-on partner university, and the DoD IASP Executive Administrator.
    (4) Provide academic representation to the DoD IASP Steering 
Committee and provide briefings and reports, as required, on the IRMC 
portion of the DoD IASP retention program.
    (d) The Heads of the DoD Components shall:
    (1) Determine the requirement for DoD IASP usage as a primary 
vehicle to recruit and retain IA and IT personnel.
    (2) Identify the office of primary responsibility for administering 
the DoD IASP within their DoD Component.
    (3) Establish DoD Component-specific nomination, selection, and 
post-academic assignment criteria for DoD IASP retention students.
    (i) Nominated personnel shall be high performing employees who are 
rated at the higher levels of the applicable performance appraisal 
system and demonstrate sustained quality performance with the potential 
for increased responsibilities. All individuals must be US citizens and 
be able to obtain a security clearance.
    (ii) Nominations must fulfill specific personnel development 
requirements for both the individual nominee and the nominating 
organization.
    (iii) Salaries of retention scholarship recipients shall be paid by 
the nominating DoD Component. When deemed necessary, DoD Components are 
responsible for personnel backfill while recipients are in school.
    (iv) Payback assignments of graduated students shall provide 
relevant, follow-on utilization of academic credentials in accordance 
with DoD Component mission requirements.
    (v) Retention students shall fulfill post-academic service 
obligations pursuant to 10 U.S.C. 2200 and 7045. Members of the 
Military Services shall serve on active duty while fulfilling 
designated DoD Component service obligations. DoD civilian employees 
shall sign a continued service agreement that complies with section 
2200 of title 10, United States Code, prior to commencement of their 
education, to continue service within the Department of Defense upon 
conclusion of their education, for a period equal to three times the 
length of the education period. 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. 
Individuals, who fail to complete the degree program satisfactorily, or 
to fulfill the service commitment, shall be required to reimburse the 
United States pursuant to 10 U.S.C. 2200a(e) for payments paid to them 
through the DoD IASP unless a waiver, in whole or in part, is granted 
by the DoD IASP Executive Administrator. Head of Components are 
responsible to ensure enforcement of these agreements.
    (4) Determine annual billet requirements for recruitment students 
(the number of DoD IASP recruitment scholars who will be placed in 
full-time employment positions with the Component upon graduation). 
This is required to ensure that IASP recruitment graduates have 
placement upon graduation. DoD Components who identify billet 
requirements for recruitment students shall:
    (i) Assess DoD Component skill requirements to determine skill gaps 
and providing the annual recruitment student requirement to the DoD 
IASP Executive Administrator.
    (ii) Participate in the selection process for recruitment students.
    (iii) Coordinate and process security clearances for selected 
recruitment scholarship recipients.
    (iv) Allocate billets for an internship period (if applicable).
    (v) Assign mentors to recruitment students.
    (vi) Determine post-academic billet assignments for recruitment 
students

[[Page 14958]]

prior to the end of the students' academic program.
    (5) Participate in the evaluation processes to assess and recommend 
improvements to the DoD IASP.

Sec.  240.6  Retention program.

    (a) The DoD IASP retention program is open to qualified DoD 
civilian employees and Service members. Active duty military officers 
and permanent DoD civilian employees may apply for a master's or 
doctoral degree program; enlisted personnel may apply for a master's 
program. DoD Components may further restrict the eligibility of 
applicants based on Component requirements.
    (b) There are three DoD academic institutions participating in the 
DoD IASP: the Air Force Institute of Technology (AFIT) at Wright-
Patterson Air Force Base in Dayton, Ohio; the IRMC of the National 
Defense University (NDU) at Fort McNair in Washington, DC; and the 
Naval Postgraduate School (NPS) in Monterey, California. Students at 
AFIT and NPS attend full-time programs. Participants may attend the 
IRMC either full or part-time to complete the first part of their 
required courses and then select a follow-on partner university to 
complete their remaining degree requirements either full or part-time. 
There are no part-time doctoral programs. All candidates must meet the 
eligibility requirements for their selected program, which are outlined 
in DoD IASP Academic Programs for Retention Students.
    (1) Military officers and DoD civilian employees may apply to 
attend any one of the three DoD academic institutions.
    (2) Enlisted personnel may attend AFIT or the NPS, which is 
authorized to enroll enlisted DoD IASP participants pursuant to 10 
U.S.C. 2200 and 7045.
    (c) Students must select a degree program in one of the academic 
disciplines listed in Sec.  240.4(c) and in accordance with DoD 
Component requirements.
    (d) Scholarship funding for AFIT, IRMC, the partner universities, 
and NPS includes full tuition costs and required fees and books. All 
travel costs and necessary position back-fill for individuals selected 
for the program must be paid by the nominating DoD Component. Retention 
students shall continue to receive their military pay or civilian 
salary from their DoD Component throughout their course of study.
    (e) DoD Component nominations are due by January 31st each year. 
The student nomination process is outlined in the DoD IASP Nomination 
Process for Retention Students.
    (f) Retention students shall fulfill post-academic service 
obligations pursuant to 10 U.S.C. 2200a and 7045. Service members shall 
serve on active duty while fulfilling designated DoD Component service 
obligations. DoD civilian employees shall sign a continued service 
agreement that complies with 10 U.S.C. 2200a, prior to commencement of 
their education, to continue service within the DoD upon conclusion of 
their education, for a period equal to three times the length of the 
education period. 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. Individuals who fail 
to complete the degree program satisfactorily or to fulfill the service 
commitment shall be required to reimburse the United States pursuant to 
10 U.S.C. 2200a(e) for payments made to them through the DoD IASP 
unless a waiver, in whole or in part, is granted by the DoD IASP 
Executive Administrator.
    (g) DoD IASP retention participants are obligated to remain in good 
standing in their degree programs, to continue in service as civilian 
employees or members of the Military Services, and where applicable, to 
repay program costs for failure to complete the degree program 
satisfactorily, or to fulfill the service commitment pursuant to 10 
U.S.C. 2200 and 7045, DoD policy, and the policies of the respective 
DoD Component.

Sec.  240.7  Recruitment program.

    (a) Annually, in November, the DoD IASP Executive Administrator 
announces a solicitation for proposal from CAEs interested in 
participating in the DoD IASP. Graduate students and rising junior or 
senior undergraduates accepted at or enrolled in one of these 
institutions may apply for full scholarships to complete a bachelor's, 
master's, or a doctoral degree, or graduate (post-baccalaureate) 
certificate program in one of the disciplines defined in Sec.  
240.4(c). Student application requirements are included in the 
solicitation proposal released by NSA.
    (b) DoD Component recruitment student requirements are due to the 
DoD IASP Executive Administrator each year by January 31st.
    (c) The student selection process occurs annually in April. The 
selection process is outlined in the DoD IASP Nomination Process for 
Recruitment Students.
    (d) Recruitment students are provided scholarships, covering the 
full cost of tuition and selected books and fees. Students are also 
provided a stipend to cover room and board expenses.
    (e) Recruitment students may be required to complete a student 
internship, depending on the length of their individual scholarship. 
For example, if a scholar receives a scholarship their junior year, an 
internship is required. If they receive the scholarship their senior 
year, an internship is not required. DoD Components typically use the 
authority granted in 5 CFR 213.3102(r) to arrange the internship.
    (f) Pursuant to 10 U.S.C. 2200a, all recruitment students shall 
sign a service agreement prior to commencement of their education and 
incur a service commitment, which commences after the award of the DoD 
IASP authorized degree on a date to be determined by the relevant DoD 
Component. The obligated service in DoD shall be as a civilian employee 
of the Department or as an active duty enlisted member or officer in 
one of the Military Services.
    (1) Individuals selecting employment in the civil service shall 
incur a service obligation of 1 year of service to the DoD upon 
graduation for each year or partial year of scholarship they receive, 
in addition to an internship, if applicable. Pursuant to the authority 
granted in 10 U.S.C. 2200a(g) and the Under Secretary of Defense for 
Personnel and Readiness Memorandum, ``Implementation Authority to 
Employ Individuals Completing Department of Defense Scholarship or 
Fellow Programs,'' April 5, 2010. DoD Components may appoint DoD IASP 
graduates to IT positions as members of the excepted service. Upon 
satisfactory completion of 2 years of substantially continuous service, 
DoD Components may then convert these individuals to career or career-
conditional appointments without competition.
    (2) Individuals enlisting or accepting a commission to serve on 
active duty in one of the Military Services shall incur a service 
obligation of a minimum of 4 years on active duty in that Service upon 
graduation. The Military Services may establish a service obligation 
longer than 4 years, depending on the occupational specialty and type 
of enlistment or commissioning program selected.
    (g) Individuals in the recruitment program who fail to complete the 
degree program satisfactorily or to fulfill the service commitment upon 
graduation shall be required to reimburse the United States pursuant to 
10 U.S.C. 2200a(e) for payments made to them

[[Page 14959]]

through the DoD IASP unless a waiver, in whole or in part, is granted 
by the DoD IASP Executive Administrator.

    Dated: February 29, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-6163 Filed 3-13-12; 8:45 am]
BILLING CODE 5001-06-P
```