 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
     SUBCHAPTER VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
 
                   Part A--Graduate Education Programs
 
        subpart 2--graduate assistance in areas of national need
 
Sec. 1135. Grants to academic departments and programs of 
        institutions
        

(a) Grant authority

                           (1) In general

        The Secretary shall make grants to academic departments, 
    programs and other academic units of institutions of higher 
    education that provide courses of study leading to a graduate degree 
    in order to enable such institutions to provide assistance to 
    graduate students in accordance with this subpart.

                        (2) Additional grants

        The Secretary may also make grants to such departments, programs 
    and other academic units of institutions of higher education 
    granting graduate degrees which submit joint proposals involving 
    nondegree granting institutions which have formal arrangements for 
    the support of doctoral dissertation research with degree-granting 
    institutions. Nondegree granting institutions eligible for awards as 
    part of such joint proposals include any organization which--
            (A) is described in section 501(c)(3) of title 26, and is 
        exempt from tax under section 501(a) of such title;
            (B) is organized and operated substantially to conduct 
        scientific and cultural research and graduate training programs;
            (C) is not a private foundation;
            (D) has academic personnel for instruction and counseling 
        who meet the standards of the institution of higher education in 
        which the students are enrolled; and
            (E) has necessary research resources not otherwise readily 
        available in such institutions to such students.

(b) Award and duration of grants

                             (1) Awards

        The principal criterion for the award of grants shall be the 
    relative quality of the graduate programs presented in competing 
    applications. Consistent with an allocation of awards based on 
    quality of competing applications, the Secretary shall, in awarding 
    such grants, promote an equitable geographic distribution among 
    eligible public and private institutions of higher education.

                       (2) Duration and amount

        (A) Duration

            The Secretary shall award a grant under this subpart for a 
        period of 3 years.

        (B) Amount

            The Secretary shall award a grant to an academic department, 
        program or unit of an institution of higher education under this 
        subpart for a fiscal year in an amount that is not less than 
        $100,000 and not greater than $750,000.

                           (3) Reallotment

        Whenever the Secretary determines that an academic department, 
    program or unit of an institution of higher education is unable to 
    use all of the amounts available to the department, program or unit 
    under this subpart, the Secretary shall, on such dates during each 
    fiscal year as the Secretary may fix, reallot the amounts not needed 
    to academic departments, programs and units of institutions which 
    can use the grants authorized by this subpart.

(c) Preference to continuing grant recipients

                           (1) In general

        The Secretary shall make new grant awards under this subpart 
    only to the extent that each previous grant recipient under this 
    subpart has received continued funding in accordance with subsection 
    (b)(2)(A) of this section.

                        (2) Ratable reduction

        To the extent that appropriations under this subpart are 
    insufficient to comply with paragraph (1), available funds shall be 
    distributed by ratably reducing the amounts required to be awarded 
    under subsection (b)(2)(A) of this section.

(Pub. L. 89-329, title VII, Sec. 711, as added Pub. L. 105-244, title 
VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1790.)


                            Prior Provisions

    Provisions similar to this section were contained in section 1134m 
of this title, prior to repeal by Pub. L. 105-244.
    A prior section 1135, Pub. L. 89-329, title X, Sec. 1001, as added 
Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1489; 
amended Pub. L. 102-325, title X, Sec. 1001, July 23, 1992, 106 Stat. 
778, related to Fund for the Improvement of Postsecondary 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. See section 1138 of 
this title.
    Another prior section 1135, Pub. L. 89-329, title X, Sec. 1001, as 
added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 
312; amended Pub. L. 93-380, title VIII, Sec. 837, Aug. 21, 1974, 88 
Stat. 606; Pub. L. 94-482, title I, Sec. 176(a)(3)-(5), title V, 
Sec. 501(a)(20), Oct. 12, 1976, 90 Stat. 2165, 2236; Pub. L. 95-180, 
Sec. 1(c), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96-49, Sec. 53(a), Aug. 
13, 1979, 93 Stat. 354, related to development plans for expansion or 
improvement of postsecondary education programs in community colleges, 
prior to repeal by section 1001(a) of Pub. L. 96-374.
    Another prior section 1135, Pub. L. 89-329, title X, Sec. 1001, as 
added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1047, 
contained Congressional statement of purpose respecting improvement of 
graduate programs, prior to the general amendment of subchapter X of 
this chapter by Pub. L. 92-318.
    A prior section 711 of Pub. L. 89-329 was classified to section 
1132b of this title, prior to the general amendment of this subchapter 
by Pub. L. 105-244.
    Another prior section 711 of Pub. L. 89-329 was classified to 
section 1132b of this title, prior to the general amendment of part A of 
this subchapter by Pub. L. 102-325.
    Another prior section 711 of Pub. L. 89-329 was classified to 
section 1132b of this title, prior to the general amendment of this 
subchapter by Pub. L. 99-498.
