 
      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. 1135b. Criteria for applications


(a) Selection of applications

    The Secretary shall make grants to academic departments, programs 
and units of institutions of higher education on the basis of 
applications submitted in accordance with subsection (b) of this 
section. Applications shall be ranked on program quality by review 
panels of nationally recognized scholars and evaluated on the quality 
and effectiveness of the academic program and the achievement and 
promise of the students to be served. To the extent possible (consistent 
with other provisions of this section), the Secretary shall make awards 
that are consistent with recommendations of the review panels.

(b) Contents of applications

    An academic department, program or unit of an institution of higher 
education, in the department, program or unit's application for a grant, 
shall--
        (1) describe the current academic program of the applicant for 
    which the grant is sought;
        (2) provide assurances that the applicant will provide, from 
    other non-Federal sources, for the purposes of the fellowship 
    program under this subpart an amount equal to at least 25 percent of 
    the amount of the grant received under this subpart, which 
    contribution may be in cash or in kind, fairly valued;
        (3) set forth policies and procedures to assure that, in making 
    fellowship awards under this subpart, the institution will seek 
    talented students from traditionally underrepresented backgrounds, 
    as determined by the Secretary;
        (4) describe the number, types, and amounts of the fellowships 
    that the applicant intends to offer with grant funds provided under 
    this part;
        (5) set forth policies and procedures to assure that, in making 
    fellowship awards under this subpart, the institution will make 
    awards to individuals who--
            (A) have financial need, as determined under part E of 
        subchapter IV of this chapter;
            (B) have excellent academic records in their previous 
        programs of study; and
            (C) plan to pursue the highest possible degree available in 
        their course of study;

        (6) set forth policies and procedures to ensure that Federal 
    funds made available under this subpart for any fiscal year will be 
    used to supplement and, to the extent practical, increase the funds 
    that would otherwise be made available for the purpose of this 
    subpart and in no case to supplant those funds;
        (7) provide assurances that, in the event that funds made 
    available to the academic department, program or unit under this 
    subpart are insufficient to provide the assistance due a student 
    under the commitment entered into between the academic department, 
    program or unit and the student, the academic department, program or 
    unit will, from any funds available to the department, program or 
    unit, fulfill the commitment to the student;
        (8) provide that the applicant will comply with the limitations 
    set forth in section 1135d of this title;
        (9) provide assurances that the academic department will provide 
    at least 1 year of supervised training in instruction for students; 
    and
        (10) include such other information as the Secretary may 
    prescribe.

(Pub. L. 89-329, title VII, Sec. 713, as added Pub. L. 105-244, title 
VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1791.)


                            Prior Provisions

    Provisions similar to this section were contained in section 1134o 
of this title, prior to repeal by Pub. L. 105-244.
    A prior section 1135b, Pub. L. 89-329, title X, Sec. 1021, as added 
Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1561, and 
amended, which related to purpose of and authority for minority science 
improvement program, was renumbered section 351 of title III of Pub. L. 
89-329 by Pub. L. 105-244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 
112 Stat. 1636, and transferred to section 1067a of this title.
    Another prior section 1135b, Pub. L. 89-329, title X, Sec. 1051, as 
added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 
316, authorized appropriations for occupational education programs, 
prior to repeal by Pub. L. 94-482, title I, Sec. 176(c), title II, 
Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1977, 
Oct. 1, 1977.
    Another prior section 1135b, Pub. L. 89-329, title X, Sec. 1003, as 
added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1048, 
related to selection of grant recipients for improvement of graduate 
programs, prior to the general amendment of subchapter X of this chapter 
by Pub. L. 92-318.
    A prior section 713 of Pub. L. 89-329 was classified to section 
1132b-2 of this title, prior to the general amendment of this subchapter 
by Pub. L. 105-244.
    Another prior section 713 of Pub. L. 89-329 was classified to 
section 1132b-2 of this title, prior to the general amendment of part A 
of this subchapter by Pub. L. 102-325.
    Another prior section 713 of Pub. L. 89-329 was classified to 
section 1132b-2 of this title, prior to the general amendment of this 
subchapter by Pub. L. 99-498.
    A prior section 1135b-1, Pub. L. 89-329, title X, Sec. 1022, as 
added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1561, 
which related to grant recipient selection, was renumbered section 352 
of title III of Pub. L. 89-329 by Pub. L. 105-244, title III, 
Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to 
section 1067b of this title.
    Another prior section 1135b-1, Pub. L. 89-329, title X, Sec. 1052, 
as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 
Stat. 316, set forth allotment and reallotment requirements for funds 
appropriated for programs, prior to repeal by Pub. L. 94-482, title I, 
Sec. 176(c), title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 
2215, eff. Sept. 30, 1977, Oct. 1, 1977.
    A prior section 1135b-2, Pub. L. 89-329, title X, Sec. 1023, as 
added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1562, 
which related to use of funds, was renumbered section 353 of title III 
of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(5), (7), 
Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067c of this 
title.
    Another prior section 1135b-2, Pub. L. 89-329, title X, Sec. 1053, 
as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 
Stat. 317, set forth requirements for administration of programs by 
Secretary, prior to repeal by Pub. L. 94-482, title I, Sec. 176(c), 
title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 
30, 1987, Oct. 1, 1977.
    A prior section 1135b-3, Pub. L. 89-329, title X, Sec. 1024, as 
added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1562, 
and amended, which required multiagency study of minority science 
programs, was renumbered section 1024 of title III of Pub. L. 89-329 by 
Pub. L. 105-244, title III, Sec. 301(a)(5), Oct. 7, 1998, 112 Stat. 
1636, transferred to section 1067d of this title, and omitted from the 
Code.
    Another prior section 1135b-3 and prior sections 1135b-4 to 1135b-9 
were repealed by Pub. L. 94-482, title I, Sec. 176(c), title II, 
Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1977, 
Oct. 1, 1977.
    Section 1135b-3, Pub. L. 89-329, title X, Sec. 1054, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 317, set 
forth responsibilities of Commissioner of Education in the 
administration of programs.
    Section 1135b-4, Pub. L. 89-329, title X, Sec. 1055, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 318, set 
forth requirements for State participation and administration of 
programs.
    Section 1135b-5, Pub. L. 89-329, title X, Sec. 1056, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 318, 
authorized planning grants for State occupational education programs and 
set forth criteria for State participation.
    Section 1135b-6, Pub. L. 89-329, title X, Sec. 1057, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 319, 
authorized program grants for State occupational education programs and 
set forth criteria for State administration of grants.
    Section 1135b-7, Pub. L. 89-329, title X, Sec. 1058, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 320, set 
forth prerequisites and procedures for program grants by Commissioner 
and provided for judicial review of actions of Commissioner.
    Section 1135b-8, Pub. L. 89-329, title X, Sec. 1059, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 321, 
authorized technical assistance to the States by Commissioner and the 
establishment of model programs.
    Section 1135b-9, Pub. L. 89-329, title X, Sec. 1060, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 322, defined 
the terms ``State'' and ``postsecondary occupational education'' for 
purposes of occupational education programs.

                  Section Referred to in Other Sections

    This section is referred to in section 1135c of this title.
