H. R. 6—211
the Secretary shall, in awarding such grants, promote an equi-
table geographic distribution among eligible public and private
institutions of higher education.
‘‘(2)DURATION AND AMOUNT.—
‘‘(A) DURATION.—The Secretary shall award a grant
under this subpart for a period of 3 years.
‘‘(B) AMOUNT.—The Secretary shall award a grant to
an academic department, program or unit of an institution
of higher education under this subpart for a fiscal year
in an amount that is not less than $100,000 and not greater
than $750,000.
‘‘(3) REALLOTMENT.—Whenever the Secretary determines
that an academic department, program or unit of an institution
of higher education is unable to use all of the amounts available
to the department, program or unit under this subpart, the
Secretary shall, on such dates during each fiscal year as the
Secretary may fix, reallot the amounts not needed to academic
departments, programs and units of institutions which can
use the grants authorized by this subpart.
‘‘(c) PREFERENCE TO CONTINUING GRANT RECIPIENTS.—
‘‘(1) IN GENERAL.—The Secretary shall make new grant
awards under this subpart only to the extent that each previous
grant recipient under this subpart has received continued fund-
ing in accordance with subsection (b)(2)(A).
‘‘(2) RATABLE REDUCTION.—To the extent that appropria-
tions under this subpart are insufficient to comply with para-
graph (1), available funds shall be distributed by ratably reduc-
ing the amounts required to be awarded under subsection
(b)(2)(A).
‘‘SEC. 712. INSTITUTIONAL ELIGIBILITY.
‘‘(a) ELIGIBILITY CRITERIA.—Any academic department, program
or unit 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 subpart. No department, program
or unit 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 subpart.
‘‘(b) DESIGNATION OF AREAS OF NATIONAL NEED.—After con-
sultation with appropriate Federal and nonprofit agencies and
organizations, the Secretary shall designate areas of national need.
In making such designations, the Secretary shall take into account
the extent to which the interest in the area is compelling, the
extent to which other Federal programs support postbaccalaureate
study in the area concerned, and an assessment of how the program
could achieve the most significant impact with available resources.
‘‘SEC. 713. CRITERIA FOR APPLICATIONS.
‘‘(a) SELECTION OF APPLICATIONS.—The Secretary shall make
grants to academic departments, programs and units of institutions
of higher education on the basis of applications submitted in accord-
ance with subsection (b). Applications shall be ranked on program
quality by review panels of nationally recognized scholars and evalu-
ated on the quality and effectiveness of the academic program
and the achievement and promise of the students to be served.
To the extent possible (consistent with other provisions of this
H. R. 6—212
section), the Secretary shall make awards that are consistent with
recommendations of the review panels.
‘‘(b) CONTENTS
OF APPLICATIONS.—An academic department,
program or unit of an institution of higher education, in the depart-
ment, program or unit’s 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 sources, for the purposes of the fellow-
ship program under this subpart an amount equal to at least
25 percent of the amount of the grant received under this
subpart, which contribution may be in cash or in kind, fairly
valued;
‘‘(3) set forth policies and procedures to assure that, in
making fellowship awards under this subpart, the institution
will seek talented students from traditionally underrepresented
backgrounds, as determined by the Secretary;
‘‘(4) describe the number, types, and amounts of the fellow-
ships that the applicant intends to offer with grant funds
provided under this part;
‘‘(5) set forth policies and procedures to assure that, in
making fellowship awards under this subpart, the institution
will make awards to individuals who—
‘‘(A) have financial need, as determined under part
F of title IV;
‘‘(B) have excellent academic records in their previous
programs of study; and
‘‘(C) plan to pursue the highest possible degree avail-
able in their course of study;
‘‘(6) set forth policies and procedures to ensure that Federal
funds made available under this subpart 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 subpart and in no case to supplant those funds;
‘‘(7) provide assurances that, in the event that funds made
available to the academic department, program or unit under
this subpart are insufficient to provide the assistance due a
student under the commitment entered into between the aca-
demic department, program or unit and the student, the aca-
demic department, program or unit will, from any funds avail-
able to the department, program or unit, fulfill the commitment
to the student;
‘‘(8) provide that the applicant will comply with the limita-
tions set forth in section 715;
‘‘(9) provide assurances that the academic department will
provide at least 1 year of supervised training in instruction
for students; and
‘‘(10) include such other information as the Secretary may
prescribe.
‘‘SEC. 714. 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 commit-
ments to graduate students who are eligible students under
section 484 (including students pursuing a doctoral degree after
having completed a master’s degree program at an institution
H. R. 6—213
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 pay-
ments 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 individ-
ual’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 F of title IV.
‘‘(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 716(a) may count such
excess toward the amounts the institution is required to provide
pursuant to section 714(b)(2).
‘‘(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. 715. ADDITIONAL ASSISTANCE FOR COST OF EDUCATION.
‘‘(a) INSTITUTIONAL PAYMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall (in addition to sti-
pends paid to individuals under this subpart) pay to the institu-
tion of higher education, for each individual awarded a fellow-
ship under this subpart at such institution, an institutional
allowance. Except as provided in paragraph (2), such allowance
shall be, for 1999–2000 and succeeding academic years, the
same amount as the institutional payment made for 1998–
1999 adjusted annually thereafter in accordance with inflation
as determined by the Department of Labor’s Consumer Price
Index for the previous calendar year.
‘‘(2) REDUCTION.—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 pro-
gram.
H. R. 6—214
‘‘(b) USE FOR OVERHEAD PROHIBITED.—Funds made available
pursuant to this subpart may not be used for the general operational
overhead of the academic department or program.
‘‘SEC. 716. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $35,000,000 for fiscal
year 1999 and such sums as may be necessary for each of the
4 succeeding fiscal years to carry out this subpart.
‘‘Subpart 3—Thurgood Marshall Legal
Educational Opportunity Program
‘‘SEC. 721. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
‘‘(a) PROGRAM AUTHORITY.—The Secretary shall carry out a
program to be known as the ‘Thurgood Marshall Legal Educational
Opportunity Program’ designed to provide low-income, minority,
or disadvantaged college students with the information, preparation,
and financial assistance to gain access to and complete law school
study.
‘‘(b) ELIGIBILITY.—A college student is eligible for assistance
under this section if the student is—
‘‘(1) from a low-income family;
‘‘(2) a minority; or
‘‘(3) from an economically or otherwise disadvantaged back-
ground.
‘‘(c) CONTRACT
OR
GRANT
AUTHORIZED.—The Secretary is
authorized to enter into a contract with, or make a grant to,
the Council on Legal Education Opportunity, for a period of not
less than 5 years—
‘‘(1) to identify college students who are from low-income
families, are minorities, or are from disadvantaged backgrounds
described in subsection (b)(3);
‘‘(2) to prepare such students for study at accredited law
schools;
‘‘(3) to assist such students to select the appropriate law
school, make application for entry into law school, and receive
financial assistance for such study;
‘‘(4) to provide support services to such students who are
first-year law students to improve retention and success in
law school studies; and
‘‘(5) to motivate and prepare such students with respect
to law school studies and practice in low-income communities.
‘‘(d) SERVICES
PROVIDED.—In carrying out the purposes
described in subsection (c), the contract or grant shall provide
for the delivery of services through prelaw information resource
centers, summer institutes, midyear seminars, and other edu-
cational activities, conducted under this section. Such services may
include—
‘‘(1) information and counseling regarding—
‘‘(A) accredited law school academic programs, espe-
cially tuition, fees, and admission requirements;
‘‘(B) course work offered and required for graduation;
‘‘(C) faculty specialties and areas of legal emphasis;
and
‘‘(D) undergraduate preparatory courses and curricu-
lum selection;