20 U.S.C. § 1134e
Section 1134e · Program authorized
Amended 3 times on record
(1) In general
The Secretary shall make grants to institutions of higher education to enable such institutions to make grants in accordance with the provisions of this part.
(2) Reservations
The Secretary shall reserve—
(A) 50 percent of the amount appropriated pursuant to the authority of section 1134g of this title to award grants to institutions of higher education to enable such institutions to make awards for master's level and professional study; and
(B) 50 percent of such amount to award grants to such institutions to enable such institutions to make awards for doctoral study.
(1) Equitable distribution
In making such grants the Secretary shall, to the maximum extent feasible, ensure an equitable geographic distribution of awards and an equitable distribution among eligible public and independent institutions of higher education.
(2) Reallotment
Whenever the Secretary determines that an institution of higher education is unable to use all of the amounts available to it under this part, the Secretary shall, on such dates during each fiscal year as the Secretary may fix, reallot such amounts not needed to institutions which can use the grants authorized by this part.
Any eligible institution of higher education offering a program of postbaccalaureate study leading to a master's level, professional, or doctoral degree may apply for grants under this part. Each such institution may make an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Such application may be made on behalf of professional schools, academic departments, or similar organizational units within such institution meeting the requirements of this subsection, including interdisciplinary or interdepartmental programs.
In making grants to institutions of higher education, the Secretary shall—
(1) take into account present and projected needs for highly trained individuals in academic career fields of high national priority;
(2) consider the need to prepare a larger number of women and individuals from minority groups, especially from among such groups which have been traditionally underrepresented in professional and academic careers requiring master's level, professional, or doctoral degrees, but nothing contained in this paragraph shall be interpreted to require any institution to grant preference or disparate treatment to the members of one minority group on account of an imbalance which may exist with respect to the total number or percentage of individuals of such group participating in or receiving the benefits of the program authorized in this section, in comparison with the total number or percentage of individuals of such group in any community, State, section, or other area;
(3) take into account the need to expand access by women and minority groups to careers heretofore lacking adequate representation of women and minority groups; and
(4) take into account the success of the applicant in providing students with access to careers in which women and minority groups are underrepresented.
The Secretary shall assure that, in making grants under this part, a priority for awards is accorded to—
(1) individuals from minority groups and women who are pursuing master's level or professional study in fields in which they are underrepresented;
(2) individuals from minority groups and women who are pursuing master's level study leading to careers that serve the public interest; and
(3) women and individuals from traditionally underrepresented groups undertaking doctoral study, including those interested in entering the fields of science and mathematics.
(1) The Secretary shall pay to the institution of higher education, for each individual awarded a fellowship under this part at such institution, an institutional allowance. Except as provided in paragraph (2), such allowance shall be—
(A) $6,000 annually with respect to individuals who first received fellowships under this part prior to academic year 1993 1994; and
(B) with respect to individuals who first receive fellowships during or after academic year 1993 1994—
(i) $9,000 for the academic year 1993 1994; and
(ii) for succeeding academic years, $9,000 adjusted annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year.
(2) The institutional allowance paid under paragraph (1) 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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 1134e, Pub. L. 89 329, title IX, §922, as added Pub. L. 96 374, title IX, §902(a), Oct. 3, 1980, 94 Stat. 1482, authorized program of grants to assist graduate and professional study, prior to the general revision of this subchapter by Pub. L. 99 498.
Another prior section 1134e, Pub. L. 89 329, title IX, §922, as added Pub. L. 92 318, title I, §181(a), June 23, 1972, 86 Stat. 306; amended Pub. L. 94 482, title I, §171(b), Oct. 12, 1976, 90 Stat. 2160; Pub. L. 96 49, §9(b), Aug. 13, 1979, 93 Stat. 353, related to the authorization, duration, and extension of the period of fellowships, the awarding of vacated fellowships, and the question of the interruption of studies of fellowship recipients, prior to the general revision of this part by Pub. L. 96 374.
Another prior section 1134e, Pub. L. 89 329, title IX, §913, as added Pub. L. 90 575, title II, §261, Oct. 16, 1968, 82 Stat. 1045, provided for approval of programs, prior to repeal by Pub. L. 92 318, title I, §181(a), June 23, 1972, 86 Stat. 304.
Amendments
1993—Subsec. (f). Pub. L. 103 208 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The Secretary shall (in addition to stipends paid to individuals under this part) pay to the institution of higher education, for each individual awarded a fellowship under this part at such institution, $9,000 with respect to such awards made for the academic year 1993 1994, to be adjusted annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year.”
1992—Pub. L. 102 325 amended section generally, in subsec. (a) redesignating existing provisions as par. (1) and adding par. (2); in subsec. (b) inserting par. headings; in subsec. (c) inserting provisions relating to master's degree; in subsec. (d) striking out par. (1), which read, “take into account present and projected needs for highly trained individuals in all areas of education beyond secondary school;”, redesignating par. (2) as (1) and substituting “academic career fields” for “other than academic career fields”, redesignating par. (3) as (2), inserting provisions relating to women, and substituting provisions relating to professional and academic careers requiring master's level, professional, or doctoral degrees for provisions relating to colleges and universities, and adding pars. (3) and (4); in subsec. (e) striking out provisions requiring expenditures under former pars. (1) and (2) be not less than amounts expended in fiscal year 1985, in par. (1), substituting provisions relating to individuals from minority groups and women pursuing master's level or professional study in fields in which they are underrepresented for provisions relating to individuals planning to pursue careers in public service, in par. (2), substituting provisions relating to individuals from minority groups and women pursuing master's level study leading to careers serving public interest for provisions relating to individuals from traditionally underrepresented groups undertaking graduate or professional study, and adding par. (3); in subsec. (f) substituting provisions requiring Secretary to pay to institutions, for each individual at such institution awarded a fellowship, $9,000 for academic year 1993 1994, to be adjusted annually thereafter in accordance with inflation as determined under Consumer Price Index for provisions requiring Secretary, from sums required to be expended under former subsec. (e), to pay to institutions which individuals receiving awards were attending, such amounts as were paid under similar fellowship programs administered through National Science Foundation and similar agencies, except that amount charged to fellowship recipient by institution for tuition and other required expenses was to be deducted from payments to institution; and by striking out subsec. (g) which prohibited award of fellowship under this part for study at school or department of divinity.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103 208 effective on and after Oct. 1, 1993, see section 5(b)(1) of Pub. L. 103 208, set out as a note under section 1003 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102 325 effective Oct. 1, 1992, see section 2 of Pub. L. 102 325, set out as a note under section 1001 of this title.