Laws & Guidance HIGHER EDUCATION
1998 Amendments to the Higher Education Act of 1965
P.L. 105-244

TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY

Title VII (20 U.S.C. 1132a et seq.) is amended to read as follows:

`It is the purpose of this title--

`(1) to authorize national graduate fellowship programs--

`(A) in order to attract students of superior ability and achievement, exceptional promise, and demonstrated financial need, into high-quality graduate programs and provide the students with the financial support necessary to complete advanced degrees; and

`(B) that are designed to--

`(i) sustain and enhance the capacity for graduate education in areas of national need; and

`(ii) encourage talented students to pursue scholarly careers in the humanities, social sciences, and the arts; and

`(2) to promote postsecondary programs.

`PART A--GRADUATE EDUCATION PROGRAMS

`Subpart 1--Jacob K. Javits Fellowship Program

`SEC. 701. 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 subpart for graduate study in the arts, humanities, and social sciences by students of superior ability selected on the basis of demonstrated achievement, financial need, and exceptional promise. The fellowships shall be awarded to students who are eligible to receive any grant, loan, or work assistance pursuant to section 484 and intend to pursue a doctoral degree, except that fellowships may be granted to students pursuing a master's degree in those fields in which the master's degree is the terminal highest degree awarded in the area of study. 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 following 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 subpart 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.

`(d) PROCESS AND TIMING OF COMPETITION- The Secretary shall make applications for fellowships under this part available not later than October 1 of the academic year preceding the academic year for which fellowships will be awarded, and shall announce the recipients of fellowships under this section not later than March 1 of the academic year preceding the academic year for which the fellowships are awarded.

`(e) AUTHORITY TO CONTRACT- The Secretary is authorized to enter into a contract with a nongovernmental agency to administer the program assisted under this part if the Secretary determines that entering into the contract is an efficient means of carrying out the program.

`SEC. 702. ALLOCATION OF FELLOWSHIPS.

`(a) FELLOWSHIP BOARD-

`(1) APPOINTMENT- 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.

`(2) DUTIES- The Board shall--

`(A) establish general policies for the program established by this subpart and oversee the program's operation;

`(B) 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;

`(C) 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

`(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 institutions, 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 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.

`(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 the Board's 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 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, 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, 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.

`(c) 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.

`SEC. 703. STIPENDS.

`(a) AWARD BY SECRETARY- The Secretary shall pay to individuals awarded fellowships under this subpart 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 subpart. In the case of an individual who receives such individual'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 determined in accordance with part F of title IV.

`(b) Institutional Payments-

`(1) IN GENERAL- (A) 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 under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for 1999-2000 and succeeding academic years, the same amount as the institutional payment made for 1998-1999 under section 933(b) (as such section was in effect on the day before the date of enactment of the Higher Education Amendments of 1998) adjusted for 1999-2000 and annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year.

`(B) The institutional allowance paid under subparagraph (A) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipient's instructional program.

`(2) SPECIAL RULES- (A) Beginning March 1, 1992, any applicant for a fellowship under this subpart 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. 704. FELLOWSHIP CONDITIONS.

`(a) REQUIREMENTS FOR RECEIPT- An individual awarded a fellowship under the provisions of this subpart shall continue to receive payments provided in section 703 only during such periods as the 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 subpart. 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. 705. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated $30,000,000 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 2--Graduate Assistance in Areas of National Need

`SEC. 711. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS OF INSTITUTIONS.

`(a) GRANT AUTHORITY-

`(1) IN GENERAL- The Secretary shall make grants to academic departments, 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 subpart.

`(2) ADDITIONAL GRANTS- The Secretary may also make grants to such departments, programs and other academic 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;

`(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 award of grants 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 awarding such grants, promote an equitable 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 funding in accordance with subsection (b)(2)(A).

`(2) RATABLE REDUCTION- To the extent that appropriations under this subpart are insufficient to comply with paragraph (1), available funds shall be distributed by ratably reducing 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 consultation 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 accordance with subsection (b). Applications shall be ranked on program quality by review panels of nationally recognized scholars and evaluated 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 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 department, 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 fellowship 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 fellowships 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 available 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 academic department, program or unit and the student, the academic department, program or unit will, from any funds available to the department, program or unit, fulfill the commitment to the student;

`(8) provide that the applicant will comply with the limitations 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 commitments 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 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 payments 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 individual'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 stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship 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 program.

`(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 background.

`(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 educational activities, conducted under this section. Such services may include--

`(1) information and counseling regarding--

`(A) accredited law school academic programs, especially 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 curriculum selection;

`(2) tutoring and academic counseling, including assistance in preparing for bar examinations;

`(3) prelaw mentoring programs, involving law school faculty, members of State and local bar associations, and retired and sitting judges, justices, and magistrates;

`(4) assistance in identifying preparatory courses and material for the law school aptitude or admissions tests;

`(5) summer institutes for Thurgood Marshall Fellows that expose the Fellows to a rigorous curriculum that emphasizes abstract thinking, legal analysis, research, writing, and examination techniques; and

`(6) midyear seminars and other educational activities that are designed to reinforce reading, writing, and studying skills of Thurgood Marshall Fellows.

`(e) DURATION OF THE PROVISION OF SERVICES- The services described in subsection (d) may be provided--

`(1) prior to the period of law school study;

`(2) during the period of law school study; and

`(3) during the period following law school study and prior to taking a bar examination.

`(f) SUBCONTRACTS AND SUBGRANTS- For the purposes of planning, developing, or delivering one or more of the services described in subsection (d), the Council on Legal Education Opportunity shall enter into subcontracts with, and make subgrants to, institutions of higher education, law schools, public and private agencies and organizations, and combinations of such institutions, schools, agencies, and organizations.

`(g) STIPENDS- The Secretary shall annually establish the maximum stipend to be paid (including allowances for participant travel and for the travel of the dependents of the participant) to Thurgood Marshall Fellows for the period of participation in summer institutes and midyear seminars. A Fellow may be eligible for such a stipend only if the Thurgood Marshall Fellow maintains satisfactory academic progress toward the Juris Doctor or Bachelor of Laws degree, as determined by the respective institutions.

`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal years.

`Subpart 4--General Provisions

`SEC. 731. ADMINISTRATIVE PROVISIONS FOR SUBPARTS 1, 2, AND 3.

`(a) COORDINATED ADMINISTRATION- In carrying out the purpose described in section 700(1), the Secretary shall provide for coordinated administration and regulation of graduate programs assisted under subparts 1, 2, and 3 with other Federal programs providing assistance for graduate education in order to minimize duplication and improve efficiency to ensure that the programs are carried out in a manner most compatible with academic practices and with the standard timetables for applications for, and notifications of acceptance to, graduate programs.

`(b) HIRING AUTHORITY- For purposes of carrying out subparts 1, 2, and 3, the Secretary shall appoint, without regard to the provisions of title 5, United States Code, that govern 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 parts. The 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.

`(c) USE FOR RELIGIOUS PURPOSES PROHIBITED- No institutional payment or allowance under section 703(b) or 715(a) shall be paid to a school or department of divinity as a result of the award of a fellowship under subpart 1 or 2, respectively, to an individual who is studying for a religious vocation.

`(d) EVALUATION- The Secretary shall evaluate the success of assistance provided to individuals under subpart 1, 2, or 3 with respect to graduating from their degree programs, and placement in faculty and professional positions.

`(e) CONTINUATION AWARDS- The Secretary, using funds appropriated to carry out subparts 1 and 2, and before awarding any assistance under such parts to a recipient that did not receive assistance under part C or D of title IX (as such parts were in effect prior to the date of enactment of the Higher Education Amendments of 1998) shall continue to provide funding to recipients of assistance under such part C or D (as so in effect), as the case may be, pursuant to any multiyear award of such assistance.

`PART B--FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION

`SEC. 741. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

`(a) AUTHORITY- The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such institutions, and other public and private nonprofit institutions and agencies, to enable such institutions, combinations, and agencies to improve postsecondary education opportunities by--

`(1) encouraging the reform, innovation, and improvement of postsecondary education, and providing equal educational opportunity for all;

`(2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, and combinations of academic and experiential learning;

`(3) the establishment of institutions and programs based on the technology of communications;

`(4) the carrying out, in postsecondary educational institutions, of changes in internal structure and operations designed to clarify institutional priorities and purposes;

`(5) the design and introduction of cost-effective methods of instruction and operation;

`(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering institutions and pursuing programs of study tailored to individual needs;

`(7) the introduction of reforms in graduate education, in the structure of academic professions, and in the recruitment and retention of faculties; and

`(8) the creation of new institutions and programs for examining and awarding credentials to individuals, and the introduction of reforms in current institutional practices related thereto.

`(b) PLANNING GRANTS- The Secretary is authorized to make planning grants to institutions of higher education for the development and testing of innovative techniques in postsecondary education. Such grants shall not exceed $20,000.

`SEC. 742. BOARD OF THE FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

`(a) ESTABLISHMENT- There is established a National Board of the Fund for the Improvement of Postsecondary Education (in this part referred to as the 'Board'). The Board shall consist of 15 members appointed by the Secretary for overlapping 3-year terms. A majority of the Board shall constitute a quorum. Any member of the Board who has served for 6 consecutive years shall thereafter be ineligible for appointment to the Board during a 2-year period following the expiration of such sixth year.

`(b) MEMBERSHIP-

`(1) IN GENERAL- The Secretary shall designate one of the members of the Board as Chairperson of the Board. A majority of the members of the Board shall be public interest representatives, including students, and a minority shall be educational representatives. All members selected shall be individuals able to contribute an important perspective on priorities for improvement in postsecondary education and strategies of educational and institutional change.

`(2) APPOINTMENT OF DIRECTOR- The Secretary shall appoint the Director of the Fund for the Improvement of Postsecondary Education (hereafter in this part referred to as the 'Director').

`(c) DUTIES- The Board shall--

`(1) advise the Secretary and the Director on priorities for the improvement of postsecondary education and make such recommendations as the Board may deem appropriate for the improvement of postsecondary education and for the evaluation, dissemination, and adaptation of demonstrated improvements in postsecondary educational practice;

`(2) advise the Secretary and the Director on the operation of the Fund for the Improvement of Postsecondary Education, including advice on planning documents, guidelines, and procedures for grant competitions prepared by the Fund; and

`(3) meet at the call of the Chairperson, except that the Board shall meet whenever one-third or more of the members request in writing that a meeting be held.

`(d) INFORMATION AND ASSISTANCE- The Director shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions.

`SEC. 743. ADMINISTRATIVE PROVISIONS.

`(a) TECHNICAL EMPLOYEES- The Secretary may appoint, for terms not to exceed 3 years, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, not more than 7 technical employees to administer this part who may 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.

`(b) PROCEDURES- The Director shall establish procedures for reviewing and evaluating grants and contracts made or entered into under this part. Procedures for reviewing grant applications or contracts for financial assistance under this section may not be subject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education.

`SEC. 744. SPECIAL PROJECTS.

`(a) GRANT AUTHORITY- The Director is authorized to make grants to institutions of higher education, or consortia thereof, and such other public agencies and nonprofit organizations as the Director deems necessary for innovative projects concerning one or more areas of particular national need identified by the Director.

`(b) APPLICATION- No grant shall be made under this part unless an application is made at such time, in such manner, and contains or is accompanied by such information as the Secretary may require.

`(c) AREAS OF NATIONAL NEED- Areas of national need shall initially include, but shall not be limited to, the following:

`(1) Institutional restructuring to improve learning and promote productivity, efficiency, quality improvement, and cost and price control.

`(2) Articulation between 2- and 4-year institutions of higher education, including developing innovative methods for ensuring the successful transfer of students from 2- to 4-year institutions of higher education.

`(3) Evaluation and dissemination of model programs.

`(4) International cooperation and student exchange among postsecondary educational institutions.

`SEC. 745. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to carry out this part $30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.

`PART C--URBAN COMMUNITY SERVICE

`SEC. 751. FINDINGS.

`The Congress finds that--

`(1) the Nation's urban centers are facing increasingly pressing problems and needs in the areas of economic development, community infrastructure and service, social policy, public health, housing, crime, education, environmental concerns, planning and work force preparation;

`(2) there are, in the Nation's urban institutions, people with underutilized skills, knowledge, and experience who are capable of providing a vast range of services toward the amelioration of the problems described in paragraph (1);

`(3) the skills, knowledge and experience in these urban institutions, if applied in a systematic and sustained manner, can make a significant contribution to the solution of such problems; and

`(4) the application of such skills, knowledge and experience is hindered by the limited funds available to redirect attention to solutions to such urban problems.

`SEC. 752. PURPOSE; PROGRAM AUTHORIZED.

`(a) PURPOSE- It is the purpose of this part to provide incentives to urban academic institutions to enable such institutions to work with private and civic organizations to devise and implement solutions to pressing and severe problems in their communities.

`(b) PROGRAM AUTHORIZED- The Secretary is authorized to carry out a program of providing assistance to eligible institutions to enable such institutions to carry out the activities described in section 754 in accordance with the provisions of this part.

`SEC. 753. APPLICATION FOR URBAN COMMUNITY SERVICE GRANTS.

`(a) APPLICATION-

`(1) IN GENERAL- An eligible institution seeking assistance under this part shall submit to the Secretary an application at such time, in such form, and containing or accompanied by such information and assurances as the Secretary may require by regulation.

`(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--

`(A) describe the activities and services for which assistance is sought; and

`(B) include a plan that is agreed to by the members of a consortium that includes, in addition to the eligible institution, one or more of the following entities:

`(i) A community college.

`(ii) An urban school system.

`(iii) A local government.

`(iv) A business or other employer.

`(v) A nonprofit institution.

`(3) WAIVER- The Secretary may waive the consortium requirements described in paragraph (2) for any applicant who can demonstrate to the satisfaction of the Secretary that the applicant has devised an integrated and coordinated plan which meets the purpose of this part.

`(b) PRIORITY IN SELECTION OF APPLICATIONS- The Secretary shall give priority to applications that propose to conduct joint projects supported by other local, State, and Federal programs. In addition, the Secretary shall give priority to eligible institutions submitting applications that demonstrate the eligible institution's commitment to urban community service.

`(c) SELECTION PROCEDURES- The Secretary shall, by regulation, develop a formal procedure for the submission of applications under this part and shall publish in the Federal Register an announcement of that procedure and the availability of funds under this part.

`SEC. 754. ALLOWABLE ACTIVITIES.

`Funds made available under this part shall be used to support planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to assist urban communities to meet and address their pressing and severe problems, such as the following:

`(1) Work force preparation.

`(2) Urban poverty and the alleviation of such poverty.

`(3) Health care, including delivery and access.

`(4) Underperforming school systems and students.

`(5) Problems faced by the elderly and individuals with disabilities in urban settings.

`(6) Problems faced by families and children.

`(7) Campus and community crime prevention, including enhanced security and safety awareness measures as well as coordinated programs addressing the root causes of crime.

`(8) Urban housing.

`(9) Urban infrastructure.

`(10) Economic development.

`(11) Urban environmental concerns.

`(12) Other problem areas which participants in the consortium described in section 753(a)(2)(B) concur are of high priority in the urban area.

`(13)(A) Problems faced by individuals with disabilities regarding accessibility to institutions of higher education and other public and private community facilities.

`(B) Amelioration of existing attitudinal barriers that prevent full inclusion by individuals with disabilities in their community.

`(14) Improving access to technology in local communities.

`SEC. 755. PEER REVIEW.

`The Secretary shall designate a peer review panel to review applications submitted under this part and make recommendations for funding to the Secretary. In selecting the peer review panel, the Secretary may consult with other appropriate Cabinet-level officials and with non-Federal organizations, to ensure that the panel will be geographically balanced and be composed of representatives from public and private institutions of higher education, labor, business, and State and local government, who have expertise in urban community service or in education.

`SEC. 756. DISBURSEMENT OF FUNDS.

`(a) MULTIYEAR AVAILABILITY- Subject to the availability of appropriations, grants under this part may be made on a multiyear basis, except that no institution, individually or as a participant in a consortium of such institutions, may receive such a grant for more than 5 years.

`(b) EQUITABLE GEOGRAPHIC DISTRIBUTION- The Secretary shall award grants under this part in a manner that achieves an equitable geographic distribution of such grants.

`(c) MATCHING REQUIREMENT- An applicant under this part and the local governments associated with the application shall contribute to the conduct of the program supported by the grant an amount from non-Federal funds equal to at least one-fourth of the amount of the grant, which contribution may be in cash or in kind.

`SEC. 757. DESIGNATION OF URBAN GRANT INSTITUTIONS.

`The Secretary shall publish a list of eligible institutions under this part and shall designate these institutions of higher education as 'Urban Grant Institutions'. The Secretary shall establish a national network of Urban Grant Institutions so that the results of individual projects achieved in one metropolitan area can then be generalized, disseminated, replicated, and applied throughout the Nation. The information developed as a result of this section shall be made available to Urban Grant Institutions and to any other interested institution of higher education by any appropriate means.

`SEC. 758. DEFINITIONS.

`As used in this part:

`(1) URBAN AREA- The term 'urban area' means a metropolitan statistical area having a population of not less than 350,000, or two contiguous metropolitan statistical areas having a population of not less than 350,000, or, in any State which does not have a metropolitan statistical area which has such a population, the eligible entity in the State submitting an application under section 753, or, if no such entity submits an application, the Secretary, shall designate one urban area for the purposes of this part.

`(2) ELIGIBLE INSTITUTION- The term 'eligible institution' means--

`(A) a nonprofit municipal university, established by the governing body of the city in which it is located, and operating as of the date of enactment of the Higher Education Amendments of 1992 under that authority; or

`(B) an institution of higher education, or a consortium of such institutions any one of which meets all of the requirements of this paragraph, which--

`(i) is located in an urban area;

`(ii) draws a substantial portion of its undergraduate students from the urban area in which such institution is located, or from contiguous areas;

`(iii) carries out programs to make postsecondary educational opportunities more accessible to residents of such urban area, or contiguous areas;

`(iv) has the present capacity to provide resources responsive to the needs and priorities of such urban area and contiguous areas;

`(v) offers a range of professional, technical, or graduate programs sufficient to sustain the capacity of such institution to provide such resources; and

`(vi) has demonstrated and sustained a sense of responsibility to such urban area and contiguous areas and the people of such areas.

`SEC. 759. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated $20,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this part.

`PART D--DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION

`SEC. 761. PURPOSES.

`It is the purpose of this part to support model demonstration projects to provide technical assistance or professional development for faculty and administrators in institutions of higher education in order to provide students with disabilities a quality postsecondary education.

`SEC. 762. GRANTS AUTHORIZED.

`(a) COMPETITIVE GRANTS AUTHORIZED- The Secretary may award grants, contracts, and cooperative agreements, on a competitive basis, to institutions of higher education, of which at least two such grants shall be awarded to institutions that provide professional development and technical assistance in order for students with learning disabilities to receive a quality postsecondary education.

`(b) DURATION; ACTIVITIES-

`(1) DURATION- Grants under this part shall be awarded for a period of 3 years.

`(2) AUTHORIZED ACTIVITIES- Grants under this part shall be used to carry out one or more of the following activities:

`(A) TEACHING METHODS AND STRATEGIES- The development of innovative, effective, and efficient teaching methods and strategies to provide faculty and administrators with the skills and supports necessary to teach students with disabilities. Such methods and strategies may include inservice training, professional development, customized and general technical assistance, workshops, summer institutes, distance learning, and training in the use of assistive and educational technology.

`(B) SYNTHESIZING RESEARCH AND INFORMATION- Synthesizing research and other information related to the provision of postsecondary educational services to students with disabilities.

`(C) PROFESSIONAL DEVELOPMENT AND TRAINING SESSIONS- Conducting professional development and training sessions for faculty and administrators from other institutions of higher education to enable the faculty and administrators to meet the postsecondary educational needs of students with disabilities.

`(3) MANDATORY EVALUATION AND DISSEMINATION- Grants under this part shall be used for evaluation, and dissemination to other institutions of higher education, of the information obtained through the activities described in subparagraphs (A) through (C).

`(c) CONSIDERATIONS IN MAKING AWARDS- In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall consider the following:

`(1) GEOGRAPHIC DISTRIBUTION- Providing an equitable geographic distribution of such grants.

`(2) RURAL AND URBAN AREAS- Distributing such grants to urban and rural areas.

`(3) RANGE AND TYPE OF INSTITUTION- Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education.

`(4) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS- Institutions of higher education with demonstrated prior experience in, or exceptional programs for, meeting the postsecondary educational needs of students with disabilities.

`SEC. 763. APPLICATIONS.

`Each institution of higher education desiring to receive a grant, contract, or cooperative agreement under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include--

`(1) a description of how such institution plans to address each of the activities required under this part;

`(2) a description of how the institution consulted with a broad range of people within the institution to develop activities for which assistance is sought; and

`(3) a description of how the institution will coordinate and collaborate with the office that provides services to students with disabilities within the institution.

`SEC. 764. RULE OF CONSTRUCTION.

`Nothing in this part shall be construed to impose any additional duty, obligation, or responsibility on an institution of higher education or on the institution's faculty, administrators, or staff than are required by section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

`SEC. 765. AUTHORIZATION OF APPROPRIATIONS.

'There are authorized to be appropriated for this part $10,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.'.

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Last Modified: 09/25/2003