20 U.S.C. § 1134j
Section 1134j · Stipends
Amended 4 times on record
The Secretary shall pay to individuals awarded fellowships under this part 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 part. In the case of an individual who receives such individual's first stipend under this part in academic year 1993 1994 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 according to measurements of need approved by the Secretary.
(1) In general
(A) 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, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be—
(i) $6,000 annually with respect to individuals who first received fellowships under this part prior to academic year 1993 1994; and
(ii) 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.
(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 part 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has been selected to receive such a fellowship and is subsequently notified that the fellowship award has been withdrawn, shall receive such fellowship unless the Secretary subsequently makes a determination that such applicant submitted fraudulent information on the application.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).
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 1134j, Pub. L. 89 329, title IX, §933, as added Pub. L. 96 374, title IX, §903, Oct. 3, 1980, 94 Stat. 1486, related to stipends paid to individuals awarded fellowships for graduate study in arts, humanities, and social sciences, prior to the general revision of this subchapter by Pub. L. 99 498.
Another prior section 1134j, Pub. L. 89 329, title IX, §942, as added Pub. L. 92 318, title I, §181(a), June 23, 1972, 86 Stat. 308; amended Pub. L. 94 482, title I, §171(c)(2), Oct. 12, 1976, 90 Stat. 2163, related to the allocation of public service fellowships, prior to repeal by section 902(b) of Pub. L. 96 374.
Another prior section 1134j, Pub. L. 89 329, title IX, §923, as added Pub. L. 90 575, title II, §261, Oct. 16, 1968, 82 Stat. 1046; amended Pub. L. 92 318, title I, §131(d)(2)(E), June 23, 1972, 86 Stat. 260, prohibited any grant, contract, or fellowship for study at schools or departments of divinity, prior to repeal by Pub. L. 92 318, title I, §181(a), June 23, 1972, 86 Stat. 304.
Amendments
1993—Subsec. (b)(1). Pub. L. 103 208 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall (in addition to the stipends paid to individuals under subsection (a) of this section) pay to the institution of higher education, for each individual awarded a fellowship for pursuing a course 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, except that such amount charged to a fellowship recipient and collected from such recipient for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payment to the institution under this subsection.”
1992—Pub. L. 102 325 amended section generally, in subsec. (a), substituting provisions relating to stipends Secretary may establish for provisions relating to stipends, including allowances for subsistence and other expenses of fellowship recipients and their dependents, as Secretary may determine to be appropriate and provisions requiring stipends in academic year 1993 1994 or later to match level of support of National Science Foundation graduate fellowships for provisions requiring level of support comparable to that provided by federally funded graduate fellowships in science and engineering fields; and in subsec. (b), inserting par. headings, substituting provisions relating to $9,000 payment in academic year 1993 1994, to be adjusted annually thereafter for inflation as determined by Consumer Price Index, for provisions relating to $6,000 payment in par. (1), adding par. (2)(A), and redesignating former par. (2) as (2)(B).
1987—Subsec. (b)(1). Pub. L. 100 50 inserted “, except that such amount charged to a fellowship recipient and collected from such recipient for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payment to the institution under this subsection” after “$6,000”.
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.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100 50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99 498, see section 27 of Pub. L. 100 50, set out as a note under section 1001 of this title.