PUBLIC LAW 105-244—OCT. 7, 1998 112 STAT. 1645
- (5) INSTITUTIONAL CHOICE.— The president or chancellor
of the institution may decide which graduate or professional school or qualified graduate program will receive funds under the grant in any 1 fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds submitted to the Secretary under this section.". (4) FUNDING RULE.— Section 326(f) (20 U.S.C. 1063b(f)) is amended— (A) by striking "Of the amount appropriated" and inserting "Subject to subsection (g), of the amount appropriated"; (B) in paragraph (1)— (i) by striking "$12,000,000" and inserting " $26,600,000 "; and (ii) by striking "(A) through (E)" and inserting "(A) through (P)"; (C) by striking paragraph (2) and inserting the following: "(2) any amount in excess of $26,600,000, but not in excess of $28,600,000, shall be available for the purpose of making grants to institutions or programs described in subparagraphs (Q) and (R) of subsection (e)(l); and "(3) any amount in excess of $28,600,000, shall be made available to each of the institutions or programs identified in subparagraphs (A) through (R) pursuant to a formula developed by the Secretary that uses the following elements: "(A) The ability of the institution to match Federal funds with non-Federal funds. "(B) The number of students enrolled in the programs for which the eligible institution received funding under this section in the previous year. "(C) The average cost of education per student, for all full-time graduate or professional students (or the equivalent) enrolled in the eligible professional or graduate school, or for doctoral students enrolled in the qualified graduate programs. "(D) The number of students in the previous year who received their first professional or doctoral degree from the programs for which the eligible institution received funding under this section in the previous year. "(E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds under this section to the total number of African Americans receiving graduate or professional degrees in the professions or disciplines related to the programs for the previous year. ". (5) HOLD HARMLESS RULE.— Section 326 is further amended by adding at the end the following new subsection: "(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) and (3) of subsection (f), no institution or qualified program identified in subsection (e)(1) that received a grant for fiscal year 1998 and that is eligible to receive a grant in a subsequent fiscal year shall receive a grant amount in any such subsequent fiscal year that is less than the grant amount received for fiscal year 1998, unless the amount appropriated is not sufficient to provide such
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