 
      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. 1135c. Awards to graduate students


(a) Commitments to graduate students

                           (1) In general

        An academic department, program or unit of an institution of 
    higher education shall make commitments to graduate students who are 
    eligible students under section 1091 of this title (including 
    students pursuing a doctoral degree after having completed a 
    master's degree program at an institution of higher education) at 
    any point in their graduate study to provide stipends for the length 
    of time necessary for a student to complete the course of graduate 
    study, but in no case longer than 5 years.

                          (2) Special rule

        No such commitments shall be made to students under this subpart 
    unless the academic department, program or unit has determined 
    adequate funds are available to fulfill the commitment from funds 
    received or anticipated under this subpart, or from institutional 
    funds.

(b) Amount of stipends

    The Secretary shall make payments to institutions of higher 
education for the purpose of paying stipends to individuals who are 
awarded fellowships under this subpart. The stipends the Secretary 
establishes shall reflect the purpose of the program under this subpart 
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 as 
determined under part E of subchapter IV of this chapter.

(c) Treatment of institutional payments

    An institution of higher education that makes institutional payments 
for tuition and fees on behalf of individuals supported by fellowships 
under this subpart in amounts that exceed the institutional payments 
made by the Secretary pursuant to section 1135d(a) \1\ of this title may 
count such excess toward the amounts the institution is required to 
provide pursuant to section 1135b(b)(2) \1\ of this title.
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    \1\ See References in Text note below.
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(d) Academic progress required

    Notwithstanding the provisions of subsection (a) of this section, no 
student shall receive an award--
        (1) except during periods in which such student is maintaining 
    satisfactory progress in, and devoting essentially full time to, 
    study or research in the field in which such fellowship was awarded; 
    or
        (2) if the student is engaging in gainful employment other than 
    part-time employment involved in teaching, research, or similar 
    activities determined by the institution to be in support of the 
    student's progress towards a degree.

(Pub. L. 89-329, title VII, Sec. 714, as added Pub. L. 105-244, title 
VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1792.)

                       References in Text

    Section 1135d(a) of this title, referred to in subsec. (c), was in 
the original ``section 716(a)'', meaning section 716(a) of Pub. L. 89-
329, which was translated as reading section 715(a) of that Act to 
reflect the probable intent of Congress, because section 715(a) relates 
to institutional payments, and section 716, which is classified to 
section 1135e of this title, does not relate to institutional payments 
and does not contain a subsec. (a).
    Section 1135b(b)(2) of this title, referred to in subsec. (c), was 
in the original ``section 714(b)(2)'', meaning section 714(b)(2) of Pub. 
L. 89-329, which was translated as reading section 713(b)(2) of that Act 
to reflect the probable intent of Congress, because section 713(b)(2) 
relates to amounts that institutions are required to provide from non-
Federal sources, and section 714, which is classified to this section, 
does not relate to amounts that institutions are required to provide and 
does not contain a subsec. (b)(2).


                            Prior Provisions

    Provisions similar to this section were contained in section 1134p 
of this title, prior to repeal by Pub. L. 105-244.
    A prior section 1135c, Pub. L. 89-329, title X, Sec. 1031, as added 
Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1563, 
related to minority support in science and engineering programs, 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 1135c, Pub. L. 89-329, title X, Sec. 1021, 
formerly Sec. 1071, as added Pub. L. 92-318, title I, Sec. 186(a)(1), 
June 23, 1972, 86 Stat. 322, established Bureau of Occupational and 
Adult Education and set forth functions, personnel etc., of the Bureau, 
prior to repeal by Pub. L. 94-482, title II, Sec. 204(c)(3), Oct. 12, 
1976, 90 Stat. 2215, eff. Oct. 1, 1977. Subsequent to repeal, this prior 
section 1135c was renumbered section 1021 of Pub. L. 89-329 and amended 
by deleting ``this title'' by Pub. L. 96-374, title X, Sec. 1001(b), 
Oct. 3, 1980, 94 Stat. 1491.
    Another prior section 1135c, Pub. L. 89-329, title X, Sec. 1004, as 
added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1048, 
provided for consultations respecting improvement of graduate programs, 
prior to the general amendment of subchapter X of this chapter by Pub. 
L. 92-318.
    A prior section 714 of Pub. L. 89-329 was classified to section 
1132b-3 of this title, prior to the general amendment of this subchapter 
by Pub. L. 105-244.
    A prior section 1135c-1, Pub. L. 89-329, title X, Sec. 1032, as 
added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1563, 
related to the special service projects program, 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 1135c-1, Pub. L. 89-329, title X, Sec. 1022, 
formerly Sec. 1072, as added Pub. L. 92-318, title I, Sec. 186(a)(1), 
June 23, 1972, 86 Stat. 323; amended Pub. L. 96-88, title III, 
Sec. 301(b)(2), Oct. 17, 1979, 93 Stat. 678, renumbered and amended Pub. 
L. 96-374, title X, Sec. 1001(b)(1), title XIII, Sec. 1391(a)(1), Oct. 
3, 1980, 94 Stat. 1491, 1503; Pub. L. 98-524, Sec. 4(c)(3), Oct. 19, 
1984, 98 Stat. 2488, established a Community College Unit in Department 
of Education, prior to the general amendment of part B of subchapter X 
of this chapter by Pub. L. 99-498.
    A prior section 1135c-2, Pub. L. 89-329, title X, Sec. 1033, as 
added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1563; 
amended Pub. L. 102-325, title X, Sec. 1002(c), July 23, 1992, 106 Stat. 
780, related to supportable activities, 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.
