Title 20 — Education
Part A · Chapter 28 — Higher Education Resources and Student Assistance
§ 1134a. Allocation of fellowships
Statutory text
Fellowship Board
Appointment
In general
The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (referred to in this subpart 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.
Qualifications
In making appointments under subparagraph (A), the Secretary shall—
give due consideration to the appointment of individuals who are highly respected in the academic community;
appoint members who represent the various geographic regions of the United States;
ensure that individuals appointed to the Board are broadly representative of a range of disciplines in graduate education in arts, humanities, and social sciences; and
ensure that such individuals include representatives from institutions that are eligible for one or more of the grants under subchapter III or V.
Duties
The Board shall—
establish general policies for the program established by this subpart and oversee the program’s operation;
establish general criteria for the award of fellowships in academic fields identified by the Board, or, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program assisted under this subpart, by such nongovernmental entity;
appoint panels of academic scholars with distinguished backgrounds in the arts, humanities, and social sciences for the purpose of selecting fellows, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity; and
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.
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 institutions, learned societies, and professional organizations.
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.
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 the appointment of the Chairperson and Vice Chairperson. 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.
Quorum; additional meetings
A majority of the members of the Board shall constitute a quorum.
The Board shall meet at least once a year or more frequently, as may be necessary, to carry out the Board’s responsibilities.
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 IV of the Executive Schedule, including travel time, and while so serving away from their homes or regular places of business, the members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in Government service employed intermittently.
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, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity. 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.
Fellowship portability
Each recipient shall be entitled to use the fellowship in a graduate program at any accredited institution of higher education in which the recipient may decide to enroll.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Higher Education Act of 1965
Pub. L. 89–329 title VII § 702 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1134a
Pub. L. 89–329, title VII, § 702, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1787
Source evidence
Code source credit
Pub. L. 89–329, title VII, § 702, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1787Enacted provision · exact public law section
Sec. 702. Technical Amendments (a) (1) Section 103(b) of the Higher Education Facilities Act of 1963 is amended by inserting “(1)” immediately after 20 USC 713. “(b)” in such section and by adding at the end thereof: “(2) Notwithstanding any other provisions of this title, any portion of a State’s allotment under this section for a fiscal year for which applications from an institution qualified to receive grants under this section have not been received by the State Commission by January 1 of such fiscal year, shall, if the Commission so requests, be available, in accordance with the provisions of this title, for payment of the Federal share (as determined under sections 108(b)(3) 20 USC 718. Post, p. 1268. and 401(d)) of the development cost of approved projects for the construction of academic facilities within such State for institutions of higher education other than public community colleges and public technical institutes.” (2) The first sentence of section 103 (c) is amended by striking out “for providing academic facilities for public community colleges or public technical institutes” and inserting in lieu thereof “for the purposes set forth in subsection (b) of this section”. (3) Section 105(a) is amended by striking out “hereinafter” in the 20 USC 715. matter preceding clause (1). (4) Clause (3) of section 105(a) is amended by inserting “(except as provided in section 103 (b) (2))” after “section 103 will be available”. (b) making section 104 allotments available for section 103 institutions under certain circumstances (1) Section 104(b) of the Higher Education Facilities Act of 1963 is amended by inserting “(1)” immediately after “(b)” in such 20 USC 714. section and by adding at the end thereof: “(2) Notwithstanding any other provisions of this title, any portion of a State’s allotment under this section for a fiscal year for which applications from an institution qualified to receive grants under this section have not been received by the State Commission by January 1 of such fiscal year, shall, if the Commission so requests, be available, in accordance with the provisions of this title, for payment of the Federal share (as determined under sections 108(b)(3) and 401(d)) of the development, cost, of approved projects for the construction of academic facilities within such State for public community colleges and public technical institutes.” (2) The first sentence of section 104(c) is amended by striking out “for providing academic facilities for institutions of higher education other than public community colleges and public technical institutes” and inserting in lieu thereof “for the purposes set forth in subsection (b) of this section”. (3) Clause (3) of section 105(a) is amended by inserting “(except as provided in section 104(b)(2))” after “section 104 will be available”. (c) revising federal share for public community colleges and public technical institutes (1) Section 105(a) (2) of the Higher Education Facilities Act of 1963 is amended by striking out “other than a project for a public community college or public technical institute”. (2) Section 107(b) of such Act is amended (1) by striking out “other than a project for a public community college or public technical institute”, and (2) by striking out “shall be 40 per centum” and inserting in lieu thereof “shall in no event exceed 40 per centum”. (3) Section 401(d) of such Act is amended by inserting immediately before “40 per centum” the following: “a percentage (as determined under the applicable State plan) not in excess of”. (d) three-year availability of sums appropriated under section 201 The last sentence of section 201 of the Higher Education Facilities 20 USC 731. Act of 1963 is amended to read as follows: Sums appropriated pursuant to this section for any fiscal year shall remain available for grants under this title until the end of the second succeeding fiscal year. (e) two-year availability of title iii funds Section 303(c) of the Higher Education Facilities Act of 1963 is amended by adding at the end the following new sentence: “Sums appropriated pursuant to this subsection for any fiscal year shall remain available for loans under this title until the end of the next succeeding fiscal year.” (f) coordination with part a (grants for expansion and improvement of nurse training) of title viii of the public health service act Effective with respect to applications for grants and loans submitted after the date of enactment of this Act, clause (E) of section 401(a) (2) of the Higher Education Facilities Act of 1963 is amended to read as follows: “(E) any facility used or to be used by a school of medicine, school of dentistry, school of osteopathy, school of pharmacy, school of optometry, school of podiatry, or school of public health as these terms are defined in section 724 of the Public Health Service Act, or a school of nursing as defined in section 843 of that 77 Stat. 169; 78 Stat. 918. 42 USC 293d, 298b. Act.”Higher Education Opportunity Act
Pub. L. 110–315 title VII § 702(b) · 122 Stat. 3078
Amended · 20 U.S.C. § 1134a(a)(1)
Pub. L. 110–315 amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (hereinafter in this subpart 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 representative of a range of disciplines in graduate education in arts, humanities, and social sciences.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–315 amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (hereinafter in this subpart 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 representative of a range of disciplines in graduate education in arts, humanities, and social sciences.”Enacted provision · exact public law section
(b) Allocation of Fellowships.— Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended to read as follows: “(1) Appointment.— “(A) In general.— The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (referred to in this subpart 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. “(B) Qualifications.— In making appointments under subparagraph (A), the Secretary shall— “(i) give due consideration to the appointment of individuals who are highly respected in the academic community; “(ii) appoint members who represent the various geographic regions of the United States; “(iii) ensure that individuals appointed to the Board are broadly representative of a range of disciplines in graduate education in arts, humanities, and social sciences; and “(iv) ensure that such individuals include representatives from institutions that are eligible for one or more of the grants under title III or V.” .
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
Level IV of the Executive Schedule, referred to in subsec. (a)(7), is set out in section 5315 of Title 5, Government Organization and Employees.
Prior Provisions
Provisions similar to this section were contained in section 1134i of this title, prior to repeal by Pub. L. 105–244.
A prior section 1134a, Pub. L. 89–329, title IX, § 911, as added Pub. L. 102–325, title IX, § 901, , 106 Stat. 761, authorized grants to encourage women and minority participation in graduate education, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, , 112 Stat. 1585, 1803, effective .
Another prior section 1134a, Pub. L. 89–329, title IX, § 902, as added Pub. L. 99–498, title IX, § 901(a), , 100 Stat. 1550, related to submission and contents of applications, prior to the general amendment of part A of subchapter IX of this chapter by Pub. L. 102–325.
Another prior section 1134a, Pub. L. 89–329, title IX, § 902, as added Pub. L. 92–318, title I, § 181(a), , 86 Stat. 305; amended Pub. L. 94–482, title I, § 171(a)(3), , 90 Stat. 2159; Pub. L. 96–374, title XIII, § 1391(a)(1), , 94 Stat. 1503, related to applications for grants to institutions of higher education, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99–498.
Another prior section 1134a, Pub. L. 89–329, title IX, § 903, as added Pub. L. 90–575, title II, § 261, , 82 Stat. 1043, related to project grants and contracts to strengthen and improve education for the public service, prior to repeal by Pub. L. 92–318.
A prior section 702 of Pub. L. 89–329 was classified to section 1132a–1 of this title, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 702 of Pub. L. 89–329 was classified to section 1132a–1 of this title, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 702 of Pub. L. 89–329 was classified to section 1132a–1 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.
Amendments
2008—Subsec. (a)(1). Pub. L. 110–315 amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (hereinafter in this subpart 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 representative of a range of disciplines in graduate education in arts, humanities, and social sciences.”
Credits
1998–2008 · 2 acts
- 1998Pub. L. 89–329, title VII, § 702, as added Pub. L. 105–244, title VII, § 701, , 112 Stat. 1787
- 2008amended Pub. L. 110–315, title VII, § 702(b), , 122 Stat. 3345.
Show as published
(Pub. L. 89–329, title VII, § 702, as added Pub. L. 105–244, title VII, § 701, , 112 Stat. 1787; amended Pub. L. 110–315, title VII, § 702(b), , 122 Stat. 3345.)