GRADUATE PROGRAMS.

SEC. 901. GRADUATE PROGRAMS. Title IX of the Act (20 U.S.C. 1134 et seq.) is amended to read as follows: “TITLE IX— GRADUATE PROGRAMS “SEC. 901. PURPOSE AND ADMINISTRATIVE PROVISIONS. “(a) Purpose.— It is the purpose of this title to— 106 STAT. 761 “(1) foster and support graduate and professional education; “(2) provide incentives and support for United States citizens to complete doctoral degree programs leading to academic careers, especially women and students from underrepresented groups; and “(3) provide support for students from underrepresented groups to complete masters and professional degree programs. “(b) Administrative Provisions.— “(1) Coordinated administration.— In carrying out the purposes of this title, the Secretary shall provide for coordinated administration and regulation of graduate programs under this title to ensure that the programs are carried out in a manner most compatible with academic practices. “(2) Hiring authority.— For purposes of carrying out this title, the Secretary shall appoint, without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service, such administrative and technical employees, with the appropriate educational background, as shall be needed to assist in the administration of such part. Such employees shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. “(3) Use for religious purposes prohibited.— No fellowship shall be awarded under this title for study at a school or department of divinity. “PART A— GRANTS TO INSTITUTIONS AND CONSORTIA TO ENCOURAGE WOMEN AND MINORITY PARTICIPATION IN GRADUATE EDUCATION “SEC. 911. GRANTS AUTHORIZED. “The Secretary shall make grants to institutions of higher education and consortia of such institutions to enable such institutions and consortia— “(1) to identify talented undergraduate students who— “(A) demonstrate financial need; and “(B) are individuals from minority groups underrepresented in graduate education or are women underrepresented in fields of study in graduate education such as the fields of science and mathematics; and “(2) to provide such students with an opportunity to participate in a program of research and scholarly activities at such institutions or consortia designed to provide such students with effective preparation for graduate study in such fields or related fields. “SEC. 912. SUBMISSION AND CONTENTS OF APPLICATION. “(a) Required Information.— Each institution of higher education or consortium desiring assistance under this part shall submit an application to the Secretary in such form and containing such information as the Secretary may by regulation prescribe. Each such application shall provide information regarding— “(1) the program of study, to take the form of summer research internships, seminars, and other educational experiences; 106 STAT. 762 “(2) the institution’s or consortium’s plan for identifying and recruiting talented women and minority undergraduates, especially those interested in entering fields in which such women and minority undergraduates are underrepresented; “(3) the participation of faculty in the program and a detailed description of the research in which students will be involved; “(4) a plan for the evaluation of the effectiveness of the program; and “(5) such other assurances and information as the Secretary may require by regulation. “(b) Selection Requirements.— In making awards to institutions and consortia— “(1) the Secretary shall consider the quality of the research in which students will be involved as well as the recruitment program and program of study; and “(2) the Secretary shall ensure an equitable geographic distribution among public and private institutions of higher education and consortia. “SEC. 913. USE OF FUNDS. “Awards made to institutions or consortia under this part shall be used exclusively to provide direct fellowship aid which may include need-based stipends, room and board costs, transportation costs, and tuition for courses for which credit is given by the institution or consortium as approved by the Secretary. “SEC. 914. INFORMATION COLLECTION. “In order to assist institutions of higher education or consortia to identify talented women and minority undergraduates for graduate study, institutions or consortia receiving awards under this part shall provide to the Secretary such information as the Secretary determines is necessary to carry out this section. With respect to students participating in a summer internship under this part, the Secretary shall collect information submitted by such institutions or consortia, such as the students’ names, addresses, and institutions attended for undergraduate study. The Secretary shall, subject to the authorization of each student, make the information available to institutions of higher education or consortia offering graduate programs seeking to identify talented women and minority undergraduates for graduate study. “SEC. 915. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $25,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years. “PART B— PATRICIA ROBERTS HARRIS FELLOWSHIP PROGRAM “SEC. 921. STATEMENT OF PURPOSE; DESIGNATION. “(a) Purpose.— It is the purpose of this part to provide, through institutions of higher education, a program of grants to assist in making available the benefits of master’s level, professional, and doctoral education programs to individuals from minority groups and women who are underrepresented in such programs. “(b) Designation.— Each recipient of such an award under this part shall be known as a ‘Patricia Roberts Harris Graduate Fellow’. 106 STAT. 763 “SEC. 922. PROGRAM AUTHORIZED. “(a) Grants by Secretary.— “(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 924 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. “(b) Distribution and Amounts of Grants.— “(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. “(c) Applications.— 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. “(d) Selection of Applications.— 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 106 STAT. 764 “(4) take into account the success of the applicant in providing students with access to careers in which women and minority groups are underrepresented. “(e) Priorities for Fellowships.— 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. “(f) Institutional Payments.— 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. “SEC. 923. AWARD OF FELLOWSHIPS. “(a) Awards.— The Secretary shall make payments to institutions of higher education for the purpose of paying stipends to individuals who are awarded fellowships under this part. The stipends the Secretary may establish shall reflect the purpose of this program to encourage students to undertake master’s level, professional, and doctoral 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. “(b) Requirements for Awards.— “(1) Master’s or professional degree.— No student enrolled in graduate study leading to a master’s or professional degree shall receive an award except during periods in which such student is maintaining satisfactory progress in, and devoting essentially full time to study or research (including acting as a teaching assistant or research assistant as may be required as a condition to award a degree), in the field in which such fellowship was awarded and is not engaging in gainful employment, other than part-time employment by the institution of higher education involved in teaching, research, or similar activities, approved by the Secretary. Such period shall not exceed the normal period for completing the program in which the student is enrolled or a total of 3 years, whichever is less, except that the Secretary may provide by regulation for the granting of such fellowships for a period of study not to exceed one 12-month period, in addition to the 3-year period for study or research set forth in this section, under special 106 STAT. 765circumstances which the Secretary determines would most effectively serve the purposes of this part. The Secretary shall make a determination to provide such 12-month extension of an award to an individual fellowship recipient for study or research upon review of an application for such extension by the recipient. “(2) Doctoral degree.— No student enrolled in graduate study leading to a doctoral degree shall receive an award under this part except during periods in which such student is maintaining satisfactory progress in, and devoting essentially full time to study, research (including acting as a teaching assistant or research assistant as may be required as a condition to award a degree), or dissertation work in the field in which such fellowship was awarded and is not engaging in gainful employment, other than part-time employment by the institution of higher education involved in teaching, research, or similar activities, approved by the Secretary. Such period shall not exceed a total of 3 years, consisting of not more than 2 years of support for study or research, and not more than 1 year of support for dissertation work provided that the student has attained satisfactory progress prior to the dissertation stage. The institution shall provide 2 years of support for each student, including at least 1 year of supervised teaching, following the 2 years of predissertation support under this part. “SEC. 924. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $60,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this part. “PART C— JACOB K. JAVITS FELLOWSHIP PROGRAM “SEC. 931. AWARD OF JACOB K. JAVITS FELLOWSHIPS. “(a) Authority and Timing of Awards.— The Secretary is authorized to award fellowships in accordance with the provisions of this part for graduate study in the arts, humanities, and social sciences by students of superior ability selected on the basis of demonstrated achievement and exceptional promise. All funds appropriated in a fiscal year shall be obligated and expended to the students for fellowships for use in the academic year beginning after July 1 of the fiscal year for which the funds were appropriated. The fellowships shall be awarded for only 1 academic year of study and shall be renewable for a period not to exceed 4 years of study. “(b) Designation of Fellows.— Students receiving awards under this part shall be known as ‘Jacob K. Javits Fellows’. “(c) Interruptions of Study.— The institution of higher education may allow a fellowship recipient to interrupt periods of study for a period not to exceed 12 months for the purpose of work, travel, or independent study away from the campus, if such independent study is supportive of the fellowship recipient’s academic program and shall continue payments for those 12-month periods during which the student is pursuing travel or independent study supportive of the recipient’s academic program. 106 STAT. 766 “SEC. 932. ALLOCATION OF FELLOWSHIPS. “(a) Fellowship Board.— “(1) Appointment.— The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (hereinafter in this part referred to as the ‘Board’) consisting of 9 individuals representative of both public and private institutions of higher education who are especially qualified to serve on the Board. In making appointments, the Secretary shall give due consideration to the appointment of individuals who are highly respected in the academic community. The Secretary shall assure that individuals appointed to the Board are broadly knowledgeable about and have experience in doctoral education in arts, humanities, and social sciences. “(2) Duties.— The Board shall— “(A) establish general policies for the program established by this part and oversee its operation; “(B) establish general criteria for the distribution of fellowships among eligible academic fields identified by the Board; “(C) appoint panels of academic scholars with distinguished backgrounds in the arts, humanities, and social sciences for the purpose of selecting fellows; and “(D) prepare and submit to the Congress at least once in every 3-year period a report on any modifications in the program that the Board determines are appropriate. “(3) Consultations.— In carrying out its responsibilities, the Board shall consult on a regular basis with representatives of the National Science Foundation, the National Endowment for the Humanities, the National Endowment for the Arts, and representatives of institutions of higher education and associations of such institution, learned societies, and professional organizations. “(4) Term.— The term of office of each member of the Board shall be 4 years, except that any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. No member may serve for a period in excess of 6 years. “(5) Initial meeting; vacancy.— The Secretary shall call the first meeting of the Board, at which the first order of business shall be the election of a Chairperson and a Vice Chairperson, who shall serve until 1 year after the date of their appointment. Thereafter each officer shall be elected for a term of 2 years. In case a vacancy occurs in either office, the Board shall elect an individual from among the members of the Board to fill such vacancy. “(6) Quorum; additional meetings.— (A) A majority of the members of the Board shall constitute a quorum. “(B) The Board shall meet at least once a year or more frequently, as may be necessary, to carry out its responsibilities. “(7) Compensation.— Members of the Board, while serving on the business of the Board, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the rate of basic pay payable for level TV of the Executive Schedule, including travel time, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as 106 STAT. 767authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. “(b) Use of Selection Panels.— The recipients of fellowships shall be selected in each designated field from among all applicants nationwide in each field by distinguished panels appointed by the Board to make such selections under criteria established by the Board. The number of recipients in each field in each year shall not exceed the number of fellows allocated to that field for that year by the Board. “(c) Fellowship Portability.— Each recipient shall be entitled to use the fellowship in a doctoral program at any accredited institution of higher education in which the recipient may decide to enroll. “SEC. 933. STIPENDS. “(a) Award by Secretary.— 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. “(b) Institutional Payments.— “(1) In general.— The Secretary shall (in addition to the stipends paid to individuals under subsection (a)) 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. “(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). “SEC. 934. FELLOWSHIP CONDITIONS. “(a) Requirements for Receipt.— An individual awarded a fellowship under the provisions of this part shall continue to receive payments provided in section 933 only during such periods as 106 STAT. 768the Secretary finds that such individual is maintaining satisfactory proficiency in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded, in an institution of higher education, and is not engaging in gainful employment other than part-time employment by such institution in teaching, research, or similar activities, approved by the Secretary. “(b) Reports From Recipients.— The Secretary is authorized to require reports containing such information in such form and filed at such times as the Secretary determines necessary from any person awarded a fellowship under the provisions of this part. The reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, library, archive, or other research center approved by the Secretary, stating that such individual is making satisfactory progress in, and is devoting essentially full time to the program for which the fellowship was awarded. “SEC. 935. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $30,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this part. “PART D— GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED “SEC. 941. PURPOSE. “In order to sustain and enhance the capacity for teaching and research in areas of national need, it is the purpose of the part to provide, through academic departments and programs of institutions of higher education, a fellowship program to assist graduate students of superior ability who demonstrate financial need. “SEC. 942. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS OF INSTITUTIONS. “(a) Grant Authority.— “(1) In general.—The Secretary shall make grants to academic departments and 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 part. “(2) Additional grants.— The Secretary may also make grants to such departments and programs and to other 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 the Internal Revenue Code of 1986, and is exempt from tax under section 501(a) of such Code; “(B) is organized and operated substantially to conduct scientific and cultural research and graduate training programs; “(C) is not a private foundation; 106 STAT. 769 “(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 allocation of awards 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 making such grants, promote an equitable geographic distribution among eligible public and private institutions of higher education. “(2) Duration.— The Secretary shall approve a grant recipient under this part for a 3-year period. From the sums appropriated under this part for any fiscal year, the Secretary shall not make a grant to any academic department or program of an institution of higher education of less than $100,000 or greater than $750,000 per fiscal year. “(3) Reallotment.— Whenever the Secretary determines that an academic department or program of 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 the amounts not needed to academic departments and programs of institutions which can use the grants authorized by this part. “(c) Preference to Continuing Grant Recipients.— “(1) In general.— The Secretary shall make new grant awards under this part only to the extent that each previous grant recipient has received continued funding in accordance with subsection (b)(2). “(2) Ratable reduction.— To the extent that appropriations under this part are insufficient to comply with paragraph (1), available funds shall be distributed by ratably reducing the amounts required to be awarded by subsection (b)(2). “SEC. 943. INSTITUTIONAL ELIGIBILITY. “(a) Eligibility Criteria.— Any academic department or program of an institution of higher education that offers a program of postbaccalaureate study leading to a graduate degree in an area of national need (as designated under subsection (b)) may apply for a grant under this part. No department or program shall be eligible for a grant unless the program of postbaccalaureate study has been in existence for at least 4 years at the time of application for assistance under this part. “(b) Designation of Areas of National Need.— After consultation with the National Science Foundation, the National Academy of Sciences, the National Endowments for the Arts and the Humanities, and other appropriate Federal and nonprofit agencies and organizations, the Secretary shall designate areas of national need, such as mathematics, biology, physics, chemistry, engineering, geosciences, computer science, or foreign languages or area studies. In making such designations, the Secretary shall take into account the extent to which the interest is compelling and the extent to which other Federal programs support postbaccalaureate study in the area concerned. 106 STAT. 770 “SEC. 944. CRITERIA FOR APPLICATIONS. “(a) Selection of Applications.— The Secretary shall make grants to academic departments and programs of institutions of higher education on the basis of applications submitted in accordance with subsection (b). Applications shall be ranked on program quality by geographically balanced review panels of nationally recognized scholars. 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 or program of an institution of higher education, in its 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 funds, for the purposes of the fellowship program under this part an amount equal to at least 25 percent of the amount of the grant received under this part; “(3) set forth policies and procedures to assure that, in making fellowship awards under this part the institution will seek talented students from traditionally underrepresented backgrounds, as determined by the Secretary; “(4) set forth policies and procedures to assure that, in making fellowship awards under this part, the institution will make awards to individuals who— “(A) have financial need, as determined under criteria developed by the institution; “(B) have excellent academic records in their previous programs of study; “(C) plan teaching or research careers; and “(D) plan to pursue the highest possible degree available in their course of study; “(5) set forth policies and procedures to ensure that Federal funds made available under this part 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 part and in no case to supplant those funds; “(6) provide assurances that, in the event that funds made available to the academic department or program under this part are insufficient to provide the assistance due a student under the commitment entered into between the academic department or program and the student, the academic department or program will endeavor, from any funds available to it, to fulfill the commitment to the student; “(7) provide that the applicant will comply with the limitations set forth in section 945; “(8) provide assurances that the academic department will provide at least 1 year of supervised training in instruction for students; and “(9) include such other information as the Secretary may prescribe. “SEC. 945. AWARDS TO GRADUATE STUDENTS. “(a) Commitments to Graduate Students.— “(1) In general.— An academic department or program of an institution of higher education shall make commitments to graduate students (including students pursuing a doctoral 106 STAT. 771degree 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 part unless the academic department or program has determined adequate funds are available to fulfill the commitment either from funds received or anticipated under this part, 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 part. The stipends the Secretary establishes shall reflect 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. “(c) Supplementation Rule.— Notwithstanding the provisions of section 944(b)(6), any non-Federal funds provided to a student in accordance with section 944(b)(2) by the academic department or program of an institution of higher education for tuition and fees under subsection (a), may be used to supplement stipends awarded under this part. “(d) Academic Progress Required.— Notwithstanding the provisions of subsection (a), 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. “SEC. 948. ADDITIONAL ASSISTANCE FOR COST OF EDUCATION. “(a) Payments Authorized.— The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship 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. “(b) Use for Overhead Prohibited.— Funds made available pursuant to this part may not be used for the general operational overhead of the academic department or program. “SEC. 947. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $40,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this part. 106 STAT. 772 “PART E— FACULTY DEVELOPMENT FELLOWSHIP PROGRAM “SEC. 951. FELLOWSHIPS AUTHORIZED. “(a) Fellowship Program Authorization.— The Secretary shall make grants to institutions of higher education or consortia of such institutions and nonprofit organizations associated with institutions of higher education, with a demonstrated record of enhancing the access of individuals from underrepresented groups including African Americans, Asian Americans, Hispanic Americans, Native Americans, and Native Hawaiians, to enable such institutions or consortia to— “(1) identify talented faculty from underrepresented groups who wish to— “(A) continue in the higher education professorate and obtain a doctoral degree; or “(B) participate in faculty professional development programs specifically designed to advance the careers of underrepresented minorities; “(2) identify talented baccalaureate degree recipients from underrepresented groups who have financial need and who wish to obtain a doctoral degree and enter the higher education professorate; and “(3) provide the individuals described in paragraphs (1) and (2) with a fellowship to assist such students in obtaining a doctoral degree or to participate in a faculty development program. “(b) Geographic Distribution.— In awarding grants pursuant to subsection (a), the Secretary shall ensure— “(1) an equitable geographic distribution of such grants; and “(2) that both public and private institutions of higher education are fairly represented among the grant recipients. “(c) Special Rule.— “(1) Equitable distribution.— Each institution of higher education or consortium receiving a grant under this part shall ensure that during the period of the grant there is an equitable distribution of fellowships under this part among underrepresented groups. “(2) (Construction.— Nothing in this section shall be interpreted to require any institution of higher education or consortium to grant preference or disparate treatment to the members of one 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 part, in comparison with the total number or percentage of individuals of such group in any community, State, section, or other area. “(d) Waiver by the Secretary.— The Secretary may waive all or any portion of the requirement under subsection (b) upon application of any institution which is eligible for funds under title III of this Act, pursuant to criteria established by the Secretary by regulation. “(e) Selection Requirements.— In awarding grants under subsection (a), the Secretary shall give priority to applications describing programs that— “(1) provide to each fellowship recipient— 106 STAT. 773 “(A) a tuition waiver; and “(B) (i) a minimum $2,000 stipend; or “(ii) additional financial support in conjunction with teaching or research activities that are part of such recipient’s doctoral program; “(2) provide additional financial support to each fellowship recipient from non-Federal resources, either in cash or in kind, such as contributions from the business community and civic organizations; “(3) emphasize courses of study leading to the doctoral degrees in disciplines where minorities are underrepresented; and “(4) describe steps to ensure that a fellowship recipient will teach at an institution of higher education where minority undergraduate students are likely to benefit from the educational experience and academic achievement of such recipient. “(f) Designation.— Students receiving fellowship awards under this part shall be known as ‘Faculty Development Fellows’. “SEC. 952. FELLOWSHIPS. “Each institution of higher education or consortium receiving a grant under this part shall award fellowships in an amount equal to the amount awarded to National Science Foundation graduate fellowship recipients for that year, or an amount based on the financial need of the recipient (as determined by the institution in accordance with measurements of need approved by the Secretary) whichever is less. “SEC. 953. APPLICATION. “(a) Application Required.— Each institution of higher education or consortium desiring a grant under this part shall submit an application to the Secretary at such time, in such manner and containing such information as the Secretary may by regulation reasonably require. “(b) Contents.— Each application submitted pursuant to subsection (a) shall contain— “(1) the institution of higher education’s or consortium’s plan for identifying and recruiting faculty and baccalaureate degree recipients who may participate in the program assisted under this part; “(2) a description of the program or programs of doctoral study that the institution of higher education or consortium plans to offer in the institution’s doctoral program; “(3) the institution of higher education’s or consortium’s plan for using minority faculty and other faculty as advisors and academic resources in support of the program assisted under this part; “(4) a description of other resources of the institution of higher education or consortium, including tuition waivers, assistantships or financial aid other than loans, that such institution or consortium shall make available to fellowship recipients; “(5) a description of the method such institution or consortium shall use to determine a student’s financial need; “(6) the names of those undergraduate institutions which are historically or predominantly black colleges and universities or other institutions with significant enrollments of African Americans, Asian Americans, Hispanic Americans, Native 106 STAT. 774Hawaiians, Pacific Islanders, and Native Americans which have agreed to cooperate with the applicant institution to carry out the purposes of this part; and “(7) such other assurances and information as the Secretary may reasonably require by regulation. “SEC. 954. FELLOWSHIP AGREEMENT. “Each recipient of a fellowship under this part shall enter into an agreement with the institution of higher education or consortium awarding such fellowship under which the fellowship recipient shall— “(1) in the case of a fellowship recipient described in section 951(a)(1), within a 5-year period after completing the doctoral degree for which the fellowship under this part was awarded, teach, for a period of not less than 1 year for each year for which financial assistance under this part was received, in a public or private nonprofit institution of higher education that has a significant minority enrollment; “(2) in the case of a fellowship recipient described in section 951(a)(2), within a 5-year period after completing the doctoral degree for which the fellowship under this part was awarded, teach, for a period of not less than 1 year for each year for which financial assistance under this part was received, in a public or private nonprofit institution of higher education; “(3) agree to provide the Secretary with evidence of compliance, determined pursuant to regulations issued by the Secretary, with the provisions of paragraph (1) or (2); and “(4) repay all or part of the fellowship received, plus interest, and if applicable reasonable collection fees, under regulations issued by the Secretary, in the event the conditions of paragraph (1) or (2) are not complied with, except as provided in section 956. “SEC. 955. FELLOWSHIP REPAYMENT PROVISIONS. “A recipient of a fellowship under this part found by the Secretary to be in noncompliance with the agreement entered into under section 954(1) or 954(2) shall be required to repay a pro rata amount of such fellowship assistance received, plus interest (but in no event at an interest rate higher than the rate applicable to loans in the applicable period under part B of title IV) and, where applicable, reasonable collection fees, on a schedule and at a rate of interest to be prescribed by the Secretary by regulations issued pursuant to this part. “SEC. 956. EXCEPTIONS TO REPAYMENT PROVISIONS. “(a) Deferral During Certain Periods.— A recipient shall not be considered in violation of the agreement entered into pursuant to section 954 (1) or (2) during any period in which the recipient— “(1) is pursuing a full-time course of study related to the field of teaching at an eligible institution; “(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; “(3) is temporarily totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; “(4) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled; 106 STAT. 775 “(5) is seeking and unable to find full-time employment for a single period not to exceed 12 months; “(6) is engaged in full-time employment as a teacher in a public or private nonprofit preschool, elementary or secondary school, or a public or private nonprofit preschool, education program; or “(7) satisfies the provisions of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this part. “(b) Forgiveness if Permanently Totally Disabled.— A recipient shall be excused from repayment of any fellowship assistance received under this part if the recipient becomes permanently totally disabled as established by sworn affidavit of a qualified physician. “SEC. 957. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $25,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years. “PART F— ASSISTANCE FOR TRAINING IN THE LEGAL PROFESSION “SEC. 961. PROGRAM REQUIREMENTS. “(a) Program Authority.— The Secretary shall carry out a program to assist minority, low-income, or educationally disadvantaged college graduates to successfully pursue a law degree and service in the legal profession through an annual grant or contract with the Council on Legal Education Opportunity (hereinafter CLEO). A grant or contract under this part shall permit CLEO to use up to 6 percent of the funds provided for administrative costs of the grant or contract. “(b) Services Authorized.— A legal training project under this part may provide the following services: “(1) Assistance and counseling in gaining admission to accredited law schools. “(2) A 6-week intensive summer program designed to prepare minority, low-income or educationally disadvantaged individuals for the successful completion of legal studies. “(3) An academic-year program of tutorial services, academic advice and counseling designed to assist eligible participants successfully complete their legal training, which may include— “(A) instruction in reading, legal research, legal writing skills and problem analysis; “(B) academic advice and assistance in course selection; “(C) advisement about financing their legal education and available student financial aid; “(D) personal and professional counseling relative to career alternatives in the legal profession and bar examination preparation; and “(E) any other activity consistent with subparagraphs (A) through (D) which furthers the objectives of this part which the Secretary may, by regulation, reasonably require. “(c) Use of Funds.— The Secretary shall by grant or contract on a biennial basis, with the Council on Legal Education Opportunity, cover all or part of the cost of— 106 STAT. 776 “(1) publicizing the existence and availability of program funds to assist minority, low-income, and educationally disadvantaged individuals to pursue a legal education; “(2) selecting minority, low-income and educationally disadvantaged individuals for training for the legal profession; “(3) facilitating the entry of such individuals into law schools at institutions of higher education for the purpose of pursuing a legal education; “(4) selecting from among all qualified applicants, which shall provide the services authorized by section 961(b) (2) or (3); “(5) evaluating the quality, impact and continuing feasibility of the programs implemented under section 961(b); “(6) providing, through the institutions, agencies, and organizations selected under paragraph (4), for not more than 6 months prior to entry of such individuals upon their course of training for the legal profession, or following entry, training designed to assist them to complete successfully such training for the legal profession; “(7) paying such stipends (including allowances for participant travel and for their dependents) as the Secretary may determine for such individuals for any such period of preliminary training for the legal profession during which such individuals maintain satisfactory academic progress toward the J.D. or LL.B, degree, as determined by the respective institution; and “(8) paying for administrative activities of the institutions of higher education, agencies, or organizations which receive subgrants or contracts under paragraph (6), or with which such contracts are entered into, to the extent that such activities are for the purpose of furthering the activities described in paragraphs (1) through (7). “SEC. 962. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $7,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years. “PART G— LAW SCHOOL CLINICAL EXPERIENCE PROGRAMS “SEC. 971. PROGRAM AUTHORIZED. “(a) Grant and Contract Purposes.— The Secretary is authorized to enter into grants or contracts with accredited law schools in the States for the purpose of paying not to exceed 90 percent of the costs of continuing, expanding, or establishing programs in such schools to provide clinical experience to students in the practice of law, which includes any form of law student work involving performance in the role of a lawyer exercising legal skills and roles such as those of an advocate, counselor, negotiator, investigator, and ethical practitioner, whether by way of the provision of representation of or services to an identifiable client in actual cases or situations (subject to existing State or local limitations upon such provision) or by way of simulation of such provision through appropriate exercises. Preference shall be given to those programs providing legal experience in the preparation and trial of actual cases, including administrative cases and the settlement of controversies outside the courtroom. The cases and situations 106 STAT. 777handled in actuality or by simulation may encompass any one or more of the following: “(1) Judicial, administrative, executive, or legislative proceedings, including the full range of preparation therefor. “(2) Office or house counsel problems. “(3) Factual investigation, empirical research, or policy or legal analysis. “(b) Use of Funds.— Such costs may include necessary expenditures incurred for— “(1) planning; “(2) training of faculty members and salary for additional faculty members; “(3) travel and per diem for faculty and students; “(4) reasonable stipends for students for work in the public service performed as part of any such program at a time other than during the regular academic year; “(5) equipment and library resources; “(6) involving practicing lawyers in the process of training law students to perform as lawyers; and “(7) such other items as are allowed pursuant to regulations issued by the Secretary. “(c) Limitations on Amounts.— No law school may receive more than $250,000 in any fiscal year pursuant to this part, no part of which may be used to pay for indirect costs or charges. “(d) Definition.— For the purpose of this part, the term ‘accredited law school’ means any law school which is accredited by a nationally recognized accrediting agency or association approved by the Secretary for this purpose, including any combination or consortium of such schools. “SEC. 972. APPLICATIONS. “(a) Requirements.— A grant or contract authorized by this part may be made by the Secretary upon application which— “(1) is made at such time or times and contains such information as the Secretary may prescribe; “(2) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this part; and “(3) provides for making such reports, in such form and containing such information as the Secretary may require to carry out functions under this part, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports. “(b) Distribution of Grants and Contracts.— The Secretary shall allocate grants or contracts under this part in such manner as will provide an equitable distribution of such grants or contracts throughout the United States among law schools which show promise of being able to use funds effectively for the purposes of this part. “SEC. 973. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $10,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years.”.