 
      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. 1134b. Stipends


(a) Award by Secretary

    The Secretary shall pay to individuals awarded fellowships under 
this subpart such stipends as the Secretary may establish, reflecting 
the purpose of this program to encourage highly talented students to 
undertake graduate study as described in this subpart. In the case of an 
individual who receives such individual's first stipend under this 
subpart in academic year 1999-2000 or any succeeding academic year, such 
stipend shall be set at a level of support equal to that provided by the 
National Science Foundation graduate fellowships, except such amount 
shall be adjusted as necessary so as not to exceed the fellow's 
demonstrated level of need determined in accordance with part E of 
subchapter IV of this chapter.

(b) Institutional payments

                           (1) In general

        (A) The Secretary shall (in addition to stipends paid to 
    individuals under this subpart) pay to the institution of higher 
    education, for each individual awarded a fellowship under this 
    subpart at such institution, an institutional allowance. Except as 
    provided in subparagraph (B), such allowance shall be, for 1999-2000 
    and succeeding academic years, the same amount as the institutional 
    payment made for 1998-1999 under section 1134j(b) of this title (as 
    such section was in effect on the day before October 7, 1998) 
    adjusted for 1999-2000 and annually thereafter in accordance with 
    inflation as determined by the Department of Labor's Consumer Price 
    Index for the previous calendar year.
        (B) The institutional allowance paid under subparagraph (A) 
    shall be reduced by the amount the institution charges and collects 
    from a fellowship recipient for tuition and other expenses as part 
    of the recipient's instructional program.

                          (2) Special rules

        (A) Beginning March 1, 1992, any applicant for a fellowship 
    under this subpart who has been notified in writing by the Secretary 
    that such applicant has been selected to receive such a fellowship 
    and is subsequently notified that the fellowship award has been 
    withdrawn, shall receive such fellowship unless the Secretary 
    subsequently makes a determination that such applicant submitted 
    fraudulent information on the application.
        (B) Subject to the availability of appropriations, amounts 
    payable to an institution by the Secretary pursuant to this 
    subsection shall not be reduced for any purpose other than the 
    purposes specified under paragraph (1).

(Pub. L. 89-329, title VII, Sec. 703, as added Pub. L. 105-244, title 
VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1789.)

                       References in Text

    Section 1134j of this title, referred to in subsec. (b)(1), was 
repealed by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 
112 Stat. 1585, 1803, effective Oct. 1, 1998.


                            Prior Provisions

    Provisions similar to this section were contained in section 1134j 
of this title, prior to repeal by Pub. L. 105-244.
    A prior section 1134b, Pub. L. 89-329, title IX, Sec. 912, as added 
Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 761, 
related to submission and contents of application for assistance, 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 1134b, Pub. L. 89-329, title IX, Sec. 903, as 
added Pub. L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 
1550, related to use of award funds, prior to the general amendment of 
part A of subchapter IX of this chapter by Pub. L. 102-325.
    Another prior section 1134b, Pub. L. 89-329, title IX, Sec. 903, 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)(4), Oct. 12, 1976, 90 Stat. 
2160; Pub. L. 96-374, title IX, Sec. 901(b), title XIII, 
Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1482, 1503, related to the uses 
of funds appropriated to make 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 1134b, Pub. L. 89-329, title IX, Sec. 904, as 
added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1044, 
related to application for grants or contracts to strengthen and improve 
education for the public service, providing in subsec. (a) for 
requisites of application, subsec. (b) for allocation of grants and 
contracts, and subsec. (c) for payment of compensation of students 
employed in public service and participation of Federal agencies and 
departments, prior to repeal by Pub. L. 92-318.
    A prior section 703 of Pub. L. 89-329 was classified to section 
1132a-2 of this title, prior to the general amendment of this subchapter 
by Pub. L. 96-374.

                  Section Referred to in Other Sections

    This section is referred to in sections 1134c, 1137 of this title.
