 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
     SUBCHAPTER VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
 
                   Part A--Graduate Education Programs
 
              subpart 1--jacob k. javits fellowship program
 
Sec. 1134a. Allocation of fellowships


(a) Fellowship Board

                           (1) Appointment

        The Secretary shall appoint a Jacob K. Javits Fellows Program 
    Fellowship Board (hereinafter in this subpart referred to as the 
    ``Board'') consisting of 9 individuals representative of both public 
    and private institutions of higher education who are especially 
    qualified to serve on the Board. In making appointments, the 
    Secretary shall give due consideration to the appointment of 
    individuals who are highly respected in the academic community. The 
    Secretary shall assure that individuals appointed to the Board are 
    broadly representative of a range of disciplines in graduate 
    education in arts, humanities, and social sciences.

                             (2) Duties

        The Board shall--
            (A) establish general policies for the program established 
        by this subpart and oversee the program's operation;
            (B) establish general criteria for the award of fellowships 
        in academic fields identified by the Board, or, in the event 
        that the Secretary enters into a contract with a nongovernmental 
        entity to administer the program assisted under this subpart, by 
        such nongovernmental entity;
            (C) appoint panels of academic scholars with distinguished 
        backgrounds in the arts, humanities, and social sciences for the 
        purpose of selecting fellows, except that, in the event that the 
        Secretary enters into a contract with a nongovernmental entity 
        to administer the program, such panels may be appointed by such 
        nongovernmental entity; and
            (D) prepare and submit to the Congress at least once in 
        every 3-year period a report on any modifications in the program 
        that the Board determines are appropriate.

                          (3) Consultations

        In carrying out its responsibilities, the Board shall consult on 
    a regular basis with representatives of the National Science 
    Foundation, the National Endowment for the Humanities, the National 
    Endowment for the Arts, and representatives of institutions of 
    higher education and associations of such institutions, learned 
    societies, and professional organizations.

                              (4) Term

        The term of office of each member of the Board shall be 4 years, 
    except that any member appointed to fill a vacancy shall serve for 
    the remainder of the term for which the predecessor of the member 
    was appointed. No member may serve for a period in excess of 6 
    years.

                    (5) Initial meeting; vacancy

        The Secretary shall call the first meeting of the Board, at 
    which the first order of business shall be the election of a 
    Chairperson and a Vice Chairperson, who shall serve until 1 year 
    after the date of the appointment of the Chairperson and Vice 
    Chairperson. Thereafter each officer shall be elected for a term of 
    2 years. In case a vacancy occurs in either office, the Board shall 
    elect an individual from among the members of the Board to fill such 
    vacancy.

                   (6) Quorum; additional meetings

        (A) A majority of the members of the Board shall constitute a 
    quorum.
        (B) The Board shall meet at least once a year or more 
    frequently, as may be necessary, to carry out the Board's 
    responsibilities.

                          (7) Compensation

        Members of the Board, while serving on the business of the 
    Board, shall be entitled to receive compensation at rates fixed by 
    the Secretary, but not exceeding the rate of basic pay payable for 
    level IV of the Executive Schedule, including travel time, and while 
    so serving away from their homes or regular places of business, the 
    members may be allowed travel expenses, including per diem in lieu 
    of subsistence, as authorized by section 5703 of title 5 for persons 
    in Government service employed intermittently.

(b) Use of selection panels

    The recipients of fellowships shall be selected in each designated 
field from among all applicants nationwide in each field by 
distinguished panels appointed by the Board to make such selections 
under criteria established by the Board, except that, in the event that 
the Secretary enters into a contract with a nongovernmental entity to 
administer the program, such panels may be appointed by such 
nongovernmental entity. The number of recipients in each field in each 
year shall not exceed the number of fellows allocated to that field for 
that year by the Board.

(c) Fellowship portability

    Each recipient shall be entitled to use the fellowship in a graduate 
program at any accredited institution of higher education in which the 
recipient may decide to enroll.

(Pub. L. 89-329, title VII, Sec. 702, as added Pub. L. 105-244, title 
VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1787.)

                       References in Text

    Level IV of the Executive Schedule, referred to in subsec. (a)(7), 
is set out in section 5315 of Title 5, Government Organization and 
Employees.


                            Prior Provisions

    Provisions similar to this section were contained in section 1134i 
of this title, prior to repeal by Pub. L. 105-244.
    A prior section 1134a, Pub. L. 89-329, title IX, Sec. 911, as added 
Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 761, 
authorized grants to encourage women and minority participation in 
graduate education, prior to repeal by Pub. L. 105-244, Sec. 3, title 
VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 
1998.
    Another prior section 1134a, Pub. L. 89-329, title IX, Sec. 902, as 
added Pub. L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 
1550, related to submission and contents of applications, prior to the 
general amendment of part A of subchapter IX of this chapter by Pub. L. 
102-325.
    Another prior section 1134a, Pub. L. 89-329, title IX, Sec. 902, as 
added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 305; 
amended Pub. L. 94-482, title I, Sec. 171(a)(3), Oct. 12, 1976, 90 Stat. 
2159; Pub. L. 96-374, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 
Stat. 1503, related to applications for grants to institutions of higher 
education, prior to the general amendment of subchapter IX of this 
chapter by Pub. L. 99-498.
    Another prior section 1134a, Pub. L. 89-329, title IX, Sec. 903, as 
added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1043, 
related to project grants and contracts to strengthen and improve 
education for the public service, prior to repeal by Pub. L. 92-318.
    A prior section 702 of Pub. L. 89-329 was classified to section 
1132a-1 of this title, prior to the general amendment of this subchapter 
by Pub. L. 105-244.
    Another prior section 702 of Pub. L. 89-329 was classified to 
section 1132a-1 of this title, prior to the general amendment of this 
subchapter by Pub. L. 99-498.
    Another prior section 702 of Pub. L. 89-329 was classified to 
section 1132a-1 of this title, prior to the general amendment of this 
subchapter by Pub. L. 96-374.
