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[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Proposed Rules]               
[Page 9142-9146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr10-30]                         

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 240

[DOD-2008-OS-0050]
RIN 0790-AI28

 
Information Assurance Scholarship Program (IASP)

AGENCY: Assistant Secretary of Defense (Networks and Information 
Integration)/DoD Chief Information Officer (ASD(NII)/DoD CIO), 
Department of Defense (DoD).

ACTION: Proposed rule.

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SUMMARY: This proposed rule proposes to 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).

DATES: Comments must be received by April 30, 2010.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any

[[Page 9143]]

personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Sandra Smith, (703) 699-0122.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and 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 
this Executive Order.

Sec. 202, Public Law 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 proposed 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). 
Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
DoD, including whether the information will have practical utility; (b) 
the accuracy of the estimate of the burden of the proposed information 
collection; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) ways to minimize the burden of 
the information collection on respondents, including the use of 
automated collection techniques or other forms of information 
technology.
    Title: 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 Information Assurance Scholarship Program (IASP), 
serving on behalf of the Office of the Assistant Secretary of Defense 
(Networks and Information Integration)/DoD Chief Information Officer. 
Those who wish to participate in the 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 (CAE/IAEs) 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. In addition, 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 CAE/IAEs who are 
interested in, and qualified to, apply for a scholarship; ``Not-for-
profit institutions,'' specifically CAE/IAEs interested in submitting 
proposals for capacity-building grants, and faculty advisors (Principal 
Investigators).
    Frequency: Annually.
    Respondent's Obligation: Required to obtain or retain benefits.

OMB Desk Officer

    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jasmeet Seehra at the Office of 
Management and Budget, DoD Desk Officer, Room 10102, New Executive 
Office Building, Washington, DC 20503, with a copy to the Office of the 
Assistant Secretary of Defense (Networks and Information Integration)/
DoD Chief Information Officer (ASD(NII)/DoD CIO), 1225 South Clark St., 
Suite 910, Arlington, VA, 22202. Comments can be received from 30 to 60 
days after the date of this notice, but comments to OMB will be most 
useful if received by OMB within 30 days after the date of this notice.
    You may also submit comments, identified by docket number and 
title, by the following method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to the Office of the Assistant Secretary of 
Defense (Networks and Information Integration)/DoD Chief Information 
Officer (ASD(NII)/DoD CIO), 1225 South Clark St., Suite 910, Arlington, 
VA 22202; or contact Ms. Sandra Smith at (703) 699-0122.

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.

    Accordingly, 32 CFR Part 240 is added to read as follows:

PART 240--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.

[[Page 9144]]

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 terms apply to this part:
    Center of Academic Excellence (CAE). A collective term that refers 
to both a National Center of Academic Excellence in Information 
Assurance Education (CAE/IAE) and a National Center of Academic 
Excellence in Information Assurance Research (CAE-R).
    CAE/IAE. A National CAE/IAE is an institution of higher education 
which has met established criteria for Information Assurance Education 
and has been jointly designated by the Department of Homeland Security 
and the National Security Agency (NSA) as a CAE/IAE.
    CAE-R. A National CAE-R is an institution of higher education which 
has met established criteria for Information Assurance Research and has 
been jointly designated by the Department of Homeland Security and the 
NSA as a CAE-R.
    DoD IASP Executive Administrator. The NSA functions as the 
Executive Administrator for the IASP and is charged with the day-to-day 
administration of the program.
    IASP Partner University. A National CAE which has joined in 
academic partnership with the Information Resources Management College 
(IRMC) of the National Defense University to award masters' and/or 
doctoral degrees through DoD's IASP.
    Information Assurance (IA). For the purpose of this part, the term 
``IA'' includes computer security, network security and other relevant 
IT related to information assurance pursuant to Section 2200 of title 
10, United States Code.
    Information Technology (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, 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 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.
    Principal Investigator. Principal Investigators are the primary 
points of contact at each National CAE/IAE. They are responsible for 
publicizing the 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 Students or Recruitment Program. Applies to the portion 
of the IASP available to qualified non-DoD students currently enrolled 
at a designated National CAE.
    Retention Students or Retention Program. Applies to the portion of 
the IASP available to full-time, active duty Military Services 
personnel and civilian employees of the DoD Components.


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 investigation, and infrastructure 
protection functions required for a secure network-centric environment.
    (b) The IASP shall be used to attract new entrants to the DoD IA 
workforce and to retain current IA/IT personnel necessary to support 
the DoD's diverse warfighting, business, intelligence, and enterprise 
information infrastructure requirements.
    (c) Information Assurance disciplines for the scholarship program 
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, database administration, data management, digital and 
multimedia forensics, electrical engineering, electronics engineering, 
information security (assurance), mathematics, network management, 
software engineering, and other similar disciplines as approved by the 
Assistant Secretary of Defense (Networks and Information Integration)/
DoD Chief Information Officer (ASD(NII)/DoD CIO). All academic 
disciplines shall include a concentration in IA.
    (d) Subject to availability of funds, the Department of Defense may 
provide grants to institutions of higher learning for faculty, 
curriculum, and infrastructure development and academic research to 
support the DoD's IA critical areas of interest.


Sec.  240.5  Responsibilities.

    (a) The Assistant Secretary of Defense (Networks and Information 
Integration)/Department of Defense Chief Information Officer (ASD(NII)/
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 annual budget recommendation to administer the DoD IASP 
and provide academic scholarships and grants.
    (3) Oversee program administration and execution by the Director, 
NSA.
    (4) Establish and chair the DoD IASP Steering Committee to oversee 
key program actions, which include:
    (i) Student eligibility criteria.

[[Page 9145]]

    (ii) Grant and capacity building selection criteria for awards to 
CAEs.
    (iii) Final approval for the allocation of individual IASP 
scholarships and grants.
    (iv) Communications and marketing plans.
    (v) IASP metrics and analysis of performance results, including 
student and CAE/IAE feedback.
    (b) The Director, NSA, shall:
    (1) Serve as the DoD IASP Executive Administrator to:
    (i) Implement the IASP and publish in writing all of the criteria, 
procedures and standards required for program implementation to 
encourage the recruitment and retention of personnel who have critical 
IA and IT skills. Responsibilities include:
    (A) Implementing the scholarship application and selection 
procedures for recruitment and retention students.
    (B) Establishing procedures for recruiting students to meet service 
obligations through employment with a DoD Component upon graduation 
from their academic program.
    (C) Ensuring that all students' academic eligibility is maintained, 
service obligations are completed, and that reimbursement obligations 
for program disenrollment are fulfilled.
    (D) Establishing procedures for National CAE/IAEs and employing DoD 
Components to report on students' progress.
    (E) Maintaining appropriate accounting for all IASP funding 
disbursements.
    (ii) Make grants, subject to availability of funds, on behalf of 
the DoD CIO to institutions of higher education to support the 
establishment, improvement, and administration of IA education programs 
pursuant to Sections 2200 and 7045 of title 10, United States Code.
    (A) Develop and implement the annual solicitation for proposals for 
IASP 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 to 
detail the results from their grant implementation.
    (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 IASP Steering Committee.
    (3) Maintain databases to support the analysis of IASP performance 
results.
    (c) 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 IASP Partner University agreements with National CAE/
IAEs to provide master's and doctoral degree opportunities to current, 
former, and future students enrolled at the IRMC, who are awarded 
retention scholarships.
    (2) Maintain records of IASP student enrollments and graduates, and 
provide data to the DoD IASP Executive Administrator.
    (3) Serve as the liaison between IRMC retention students, their 
follow-on IASP 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 IASP 
retention program.
    (d) The Heads of the DoD Components shall:
    (1) Determine the requirement for IASP usage as a vehicle to 
recruit and retain IA personnel to their organization.
    (2) Identify the Office of Primary Responsibility for administering 
the IASP within the DoD Component.
    (3) Establish DoD Component-specific nomination, selection, and 
post-academic assignment criteria for 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 U.S. 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 Sections 2200 and 7045 of title 10, United 
States Code. 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 
repay program costs, where applicable. Head of Components are 
responsible to ensure enforcement of these agreements.
    (4) Determine annual billet requirements for recruitment students 
(the number of non-DoD IASP scholars who can be placed in full-time 
employment positions with the DoD Component upon graduation). Specific 
responsibilities for DoD Components who identify billet requirements 
for recruitment students include:
    (i) Assessing DoD Component skill requirements to determine skill 
gaps and providing the annual recruitment student requirement to the 
DoD IASP Executive Administrator.
    (ii) Participating in the selection process for recruitment 
students.
    (iii) Coordinating and processing security clearances for selected 
recruitment scholarship recipients.
    (iv) Allocating billets for an internship period (if applicable).
    (v) Assigning mentors to recruitment students.
    (vi) Determining post-academic billet assignments for recruitment 
students prior to the end of the students' academic program.
    (5) Participate in the evaluation processes to assess and recommend 
improvements to the IASP.


Sec.  240.6  Retention program.

    (a) The IASP retention program is open to qualified DoD civilian 
employees and members of the Military Services. Military officers and 
DoD civilian employees may apply for a master's or doctoral degree 
program; enlisted personnel may apply for a master's program.
    (b) There are three DoD academic institutions participating in the 
IASP: the Air Force Institute of Technology (AFIT) at Wright-Patterson 
Air Force Base in Dayton, Ohio; the Information Resources Management 
College (IRMC) of the National Defense University at Fort McNair in 
Washington, DC in conjunction with over 25 Partner Universities; and 
the Naval Postgraduate School (NPS) in Monterey, California. Students 
at AFIT and NPS attend full-time programs. IRMC participants may

[[Page 9146]]

attend the IRMC component of the IASP either full or part-time and 
select a follow-on IASP Partner University through which they complete 
their 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 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 IASP participants pursuant to Sections 
2200 and 7045 of title 10, United States Code.
    (c) Students must select a degree program in one of the academic 
disciplines listed in Sec.  240.4(c).
    (d) Scholarship funding for the AFIT, the IRMC, and the IASP 
Partner Universities, and the NPS includes tuition costs, selected 
fees, books, and pre-approved, limited temporary duty (TDY) costs. 
Other TDY and/or permanent change of station costs must be paid by the 
nominating DoD Component. Retention students will 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 IASP Nomination Process 
for Retention Students.
    (f) IASP 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 
Sections 2200 and 7045 of title 10, DoD policy, and the policies of the 
respective DoD Component.
    (g) Members of the Military Services shall meet DoD Component 
service obligations. DoD civilian employees shall sign a continued 
service agreement that complies with Reference (a), prior to 
commencement of their education to continue in service with the 
Department of Defense upon conclusion of their education, for a period 
equal to three times the length of the education period.


Sec.  240.7  Recruitment program.

    (a) Annually, in November, NSA (the DoD IASP Executive 
Administrator) announces a solicitation for proposal from non-DoD 
National CAE/IAEs interested in participating in DoD's IASP. Graduate 
students and rising junior or senior undergraduates accepted at or 
enrolled in one of the non-DoD institutions designated as CAE/IAEs 
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 relevant 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 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. 
DoD Components typically use the authority granted in 5 CFR 
213.3102(r), to arrange the internship.
    (f) All recruitment students incur a service commitment which 
commences after the award of the 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 one year of service to the Department 
upon graduation for each year or partial year of scholarship they 
receive, in addition to an internship, if applicable.
    (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 who fail to complete the degree program 
satisfactorily or to fulfill the service commitment upon graduation 
shall be required to reimburse the United States, in whole or in part, 
the cost of the financial (scholarship) assistance provided to them.

    Dated: February 22, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-3993 Filed 2-26-10; 8:45 am]
BILLING CODE 5001-06-P
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