# § 1135c. Awards to graduate students
**(a)** **Commitments to graduate students**
**(1)** **In general** section 1091 of this title
An academic department, program or unit of an institution of higher education shall make commitments to graduate students who are eligible students under (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 2009–2010 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 Research Fellowship Program for such academic year, 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 subchapter IV.
**(c)** **Treatment of institutional payments** section 1135d(a) of this titlesection 1135b(b)(2) of this title
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 may count such excess toward the amounts the institution is required to provide pursuant to .
**(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.
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**Source Credit**: (Pub. L. 89–329, title VII, § 714, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1792; amended Pub. L. 110–315, title VII, § 703(b), (e)(4), Aug. 14, 2008, 122 Stat. 3346, 3347.)
## Editorial Notes
### Prior Provisions
Provisions similar to this section were contained in , prior to repeal by .
A prior section 1135c, , as added , , , related to minority support in science and engineering programs, prior to repeal by , title VII, § 702, , , 1803, effective .
Another prior section 1135c, , formerly § 1071, as added , , , established Bureau of Occupational and Adult Education and set forth functions, personnel etc., of the Bureau, prior to repeal by , , , eff. . Subsequent to repeal, this prior section 1135c was renumbered and amended by deleting “this title” by , , .
Another prior section 1135c, , as added , , , provided for consultations respecting improvement of graduate programs, prior to the general amendment of subchapter X of this chapter by .
A prior was classified to , prior to the general amendment of this subchapter by .
A prior section 1135c–1, , as added , , , related to the special service projects program, prior to repeal by , title VII, § 702, , , 1803, effective .
Another prior section 1135c–1, , formerly § 1072, as added , , ; amended , , , renumbered and amended , title XIII, § 1391(a)(1), , , 1503; , , , established a Community College Unit in Department of Education, prior to the general amendment of part B of subchapter X of this chapter by .
A prior section 1135c–2, , as added , , ; amended , , , related to supportable activities, prior to repeal by , title VII, § 702, , , 1803, effective .
### Amendments
2008—Subsec. (b). , substituted “2009–2010” for “1999–2000” and “Foundation Graduate Research Fellowship Program for such academic year” for “Foundation graduate fellowships”.
Subsec. (c). , made technical amendment to references in original act which appear in text as references to sections 1135d(a) and 1135b(b)(2) of this title.