90 STAT. 2160

20 USC 1134b.

20 USC 1134d.

20 USC 1134e.

20 USC 1134f.

PUBLIC LAW 94-482-OCT. 12, 1976

(4) Section 903 (b) of the Act is amended by striking out the word "and" at the end of clause (4), by striking out the period at the end of clause (5) and inserting in lieu thereof a semicolon and the word "and" and by adding at the end thereof the following new clauses:

"(6) the development of proposed graduate and professional programs; and

"(7) needed innovation in graduate and professional programs.". (b) Part B of title IX of the Act is amended to read as follows: "PART B-FELLOWSHIPS FOR GRADUATE AND PROFESSIONAL STUDY "APPROPRIATIONS AUTHORIZED

"SEC. 921. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this part.

"NUMBER OF FELLOWSHIPS

"SEC. 922. (a) During the fiscal year ending June 30, 1973, and each of the succeeding fiscal years ending prior to October 1, 1979, the Commissioner is authorized to award not to exceed seven thousand five hundred fellowships to be used for study in graduate programs at institutions of higher education. Such fellowships may be awarded for such period of study as the Commissioner may determine but not in excess of thirty-six months except that the Commissioner may provide by regulation for the granting of such fellowships for a period of study not to exceed one twelve-month period in addition to the thirty-six month period set forth in this section under special circumstances which the Commissioner determines would most effectively serve the purposes of this part. The Commissioner shall make a determination to provide such twelve-month extension of an award to an individual fellowship recipient upon review of an application for such extension by the recipient.

"(b) In addition to the number of fellowships authorized to be awarded by subsection (a) of this section, the Commissioner is authorized to award fellowships equal to the number previously awarded during any fiscal year under this section but vacated prior to the end of the period for which they were awarded; except that each fellowship awarded under this subsection shall be for such period of study, not in excess of the remainder of the period for which the fellowship which it replaces was awarded, as the Commissioner may determine. "(c) The Commissioner may allow a fellowship recipient to interrupt his studies for a period not to exceed twelve 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, except that the Commissioner shall make no payments to the fellowship recipient for such period for stipends, travel expenses, or allowances for dependents or payments to institutions pursuant to the recipient's fellowship award.

"AWARD OF FELLOWSHIPS AND APPROVAL OF GRADUATE PROGRAMS

"SEC. 923. (a) The total number of fellowships authorized by section 922(a) to be awarded during a fiscal year shall be awarded by the Commissioner on such bases as he may determine, except that recipi

PUBLIC LAW 94-482-OCT. 12, 1976

ents of such fellowships shall be individuals who have been admitted or who are enrolled in graduate or professional programs approved by the Commissioner and who are pursuing, a course of study leading to a degree of doctor of philosophy, doctor of arts, or an equivalent degree. The Commissioner shall approve a graduate program of an institution of higher education only upon his finding that the application contains satisfactory assurance that the institution will provide special orientations and practical experiences designed to prepare its fellowship recipients (1) for academic careers at some level of education beyond the high school, or (2) for other than academic careers in professional career fields of importance to the national interest, as determined by the Commissioner.

"(b) In determining priorities and procedures for the award of fellowships under this section the Commissioner shall

"(1) take into account present and projected needs for highly trained individuals in all areas of education beyond high school, "(2) take into account present and projected needs for highly trained individuals in other than academic career fields of high national priority,

"(3) consider the need to prepare a larger number of individuals from minority groups, especially from among such groups who have been traditionally underrepresented in colleges and universities, but nothing contained in this clause shall be interpreted to require any educational 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 that group participating in or receiving the benefits of this program, in comparison with the total number or percentage of individuals of that group in any community, State, section, or other area,

"(4) assure that consideration in awarding fellowships under this part is given (A) to individuals who have demonstrated their competence outside of a higher education setting for at least two years subsequent to the completion of their undergraduate studies, or (B) to individuals with varied backgrounds and experiences who have acquired such backgrounds and experiences in other than academic settings,

"(5) seek to achieve a reasonably equitable geographical distribution of graduate programs approved under this section, based upon such factors as student enrollments in institutions of higher education and population.

"(c) No fellowship shall be awarded under this part for study at a school or department of divinity.

"FELLOWSHIP STIPENDS

90 STAT. 2161

"SEC. 924. (a) The Commissioner shall pay to individuals awarded 20 USC 1134g. fellowships under this part such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.

"(b) The Commissioner shall (in addition to the stipends paid to individuals under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study such amounts as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported programs, except that such amount charged to a fellowship recipient and col

90 STAT. 2162

20 USC 1134h.

20 USC 1134i.

PUBLIC LAW 94-482-OCT. 12, 1976

lected from such recipient by the institution for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payments to the institution

under this subsection.

"FELLOWSHIP CONDITIONS

"SEC. 925. (a) An individual awarded a fellowship under the provisions of this part shall continue to receive payments provided in section 924 only during such periods as the Commissioner finds that he 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 Commissioner.

"(b) The Commissioner is authorized to require reports containing such information in such form and to file at such times as he determines necessary from any person awarded a fellowship under the provisions of this part. Such 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 Commissioner, stating that such person is making satisfactory progress in, and is devoting essentially full time, to the program for which the fellowship was awarded.".

(c) (1) Section 941 of the Act is amended to read as follows:

"AWARD OF PUBLIC SERVICE FELLOWSHIPS

"SEC. 941. (a) During the fiscal year ending June 30, 1973, and each of the succeeding fiscal years ending prior to October 1, 1979, the Commissioner is authorized to award not to exceed five hundred fellowships in accordance with the provisions of this part for graduate or professional study for persons who plan to pursue a career in public service. Such fellowships shall be awarded for such periods as the Commissioner may determine, but not in excess of thirty-six months except that the Commissioner may provide by regulation for the granting of such fellowships for a period of study not to exceed one twelve-month period in addition to the thirty-six month period set forth in this section under special circumstances which the Commissioner determines would most effectively serve the purposes of this part. The Commissioner shall make a determination to provide such a twelve-month extension of an award to an individual fellowship recipient upon review of an application for such extension by the recipient.

"(b) In addition to the number of fellowships authorized to be awarded by subsection (a) of this section, the Commissioner is authorized to award fellowships equal to the number previously awarded during any fiscal year under this section but vacated prior to the end of the period for which they were awarded; except that each fellowship awarded under this subsection shall be for such period of study, not in excess of the remainder of the period for which the fellowship which it replaces was awarded, as the Commissioner may determine. "(c) The Commissioner may allow a fellowship recipient to interrupt his studies for a period not to exceed twelve 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

PUBLIC LAW 94-482-OCT. 12, 1976

academic program, except that the Commissioner shall make no payments to the fellowship recipient for such period for stipend, travel expenses, or allowances for dependents or payments to institutions pursuant to the recipient's fellowship award.

90 STAT. 2163

"(d) There are authorized to be appropriated such sums as may Appropriation be necessary to carry out the provisions of this part.".

(2) Section 942 of the Act is amended by striking out the "and" at the end of clause (1), by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon and the word "and" and by inserting at the end thereof the following new clauses:

"(3) attract persons other than recent college graduates to pursue a career in public service; and

"(4) provide additional training for individuals who by past activities, occupation, or training have demonstrated a commitment to a career in public service.'

authorization.

20 USC 1134j.

(3) (A) Section 943 (4) (A) of the Act is amended by inserting after 20 USC 1134k. "enter" the following: "or continue in".

(B) Section 943 (4) (B) of the Act is amended by inserting after

the word "enter" the following: "or continue in".

(4) Section 944 (b) of the Act is amended by inserting before the 20 USC 11341. period at the end thereof a comma and the following: "except that such amount charged to a fellowship recipient and collected from such recipient by the institution for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payments to the institution under this subsection.".

(d) (1) Section 961 (b) (1) of the Act is amended by striking out 20 USC 1134n. "two" and by inserting after "fiscal years" the following: "ending prior to October 1, 1979".

(2) The third sentence of section 961 (c) is amended by striking out "to exceed 3 years" and inserting in lieu thereof the following: "in excess of thirty-six months, except that the Commissioner may provide by regulation for the granting of such fellowships for a period of study not to exceed one twelve-month period in addition to the thirty-six-month period set forth in this section under special circumstances which the Commissioner determines would most effectively serve the purposes of this part. The Commissioner shall make a determination to provide such a twelve-month extension of an award to an individual fellowship recipient upon review of an application for such extension by the recipient".

(3) Section 961 of the Act is amended by adding at the end thereof the following new subsection:

"(d) The Commissioner may allow a fellowship recipient to interrupt his studies for a period not to exceed twelve 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, except that the Commissioner shall make no payments to the fellowship recipient for such period for stipends, travel expenses, or allowances for dependents or payments to institutions pursuant to the recipient's fellowship award.".

(4) Section 963 of the Act is amended to read as follows:

"STIPENDS AND INSTITUTIONS OF HIGHER EDUCATION ALLOWANCES "SEC. 963. (a) The Commissioner shall pay to persons awarded fellowships under this part such stipends (including such allowances for

20 USC 1134p.

90 STAT. 2164

20 USC 1134r-1.

20 USC 1134r-2.

20 USC 1136b.

PUBLIC LAW 94-482-OCT. 12, 1976

subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.

"(b) The Commissioner shall (in addition to the stipends paid to persons under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study, such amounts as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported programs, except that such amount charged to a fellowship recipient and collected from such recipient by the institution for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payments to the institution under this subsection.".

(5) Section 966 of the Act is amended by striking out "July 1, 1978" and inserting in lieu thereof "October 1, 1979".

(e) Title IX of the Act is amended by inserting after part D the following new part:

"PART E-ANNUAL FELLOWSHIP REPORT

"SEC. 971. (a) Within one hundred and twenty days after the end of each fiscal year during which grants or fellowships are awarded under the provisions of this title the Commissioner shall prepare and submit to the Congress a report which

"(1) specifies the authority for and amount of each grant or fellowship so awarded;

'(2) identifies the institutions which received such grants; and "(3) identifies the institutions which students receiving such fellowships attended.

"(b) Each report required by this section shall contain an evaluation which

"(1) examines the extent to which grants or fellowships awarded under this title emphasized studies relating to

(A) innovation in the field of graduate education; "(B) emerging fields of knowledge;

66

areas of overriding national concern; or

(D) the education and employment of personnel in areas which the Commissioner finds to be of special need; and "(2) examines the extent to which grants and fellowships awarded under this title made substantial progress toward achieving the purposes of the various parts of this title under which they were awarded.".

LAW SCHOOL CLINICAL ASSISTANCE PROGRAM

SEC. 172. Section 1103 of the Act is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1979".

PART I-COMMUNITY COLLEGES AND STATE POSTSECONDARY PLANNING

EXTENSION AND REVISION OF TITLE X

SEC. 176. (a) (1) The heading of title X of the Act is amended to read as follows: