12 2 STA T .3 3 95PUBLIC LA W 11 0– 315 — AU G .1 4, 200 8operati o n a l o v er h ea d o f the a c ade m ic department or in s tit u tion receivin g funds under this section .‘ ‘ ( d )FEL L OWSHIPR E C IPIE NT S. — ‘‘( 1 ) AU THO R I ZA TION.—An eligi b le institution that receives a grant under this section shall use the grant funds to ma k e fello w ship awards to minorities and women who are enrolled at such institution in a doctoral degree program , or program for the highest possible degree available, and— ‘‘(A) intend to pursue a career in instruction at— ‘‘(i) an institution of higher education (as the term is defined in section 1 0 1)
‘‘(ii) an institution of higher education (as the term is defined in section 10 2 (a)(1)); and ‘‘(iii) a proprietar y institution of higher education (as the term is defined in section 102(b)); and ‘‘( B ) sign an agreement with the S ecretary agreeing— ‘‘(i) to begin employment at an institution described in subparagraph (A) not later than three years after receiving the doctoral degree or highest possible degree available, which three - year period may bee x tended by the Secretary for extraordinary cir- cumstances; and ‘‘(ii) to be employed by such institution for one year for each year of fellowship assistance received under this section. ‘‘(2) REPA YM ENT F OR FAILURE TO COMPLY.— I n the event that any recipient of a fellowship under this section fails or refuses to comply with the agreement signed pursuant to para- graph (1)(B), the sum of the amounts of any fellowship received by such recipient shall, upon a determination of such a failure or refusal to comply, be treated as a Federal D irect U nsub- sidi z ed Stafford L oan under part D of title I V , and shall be sub j ect to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Secretary in regulations under this section. ‘‘( 3 ) W AI V ER AN D MODIFICATION.— ‘‘(A) RE G ULATIONS.— T he Secretary shall promulgate regulations setting forth criteria to be considered in granting a waiver for the service re q uirement under para- graph (1)(B). ‘‘(B) C ONTENT.—The criteria under subparagraph (A) shall include whether compliance with the service require- ment by the fellowship recipient would be— ‘‘(i) inequitable and represent an extraordinary hardship; or ‘‘(ii) deemed impossible because the individual is permanently and totally disabled at the time of the waiver request. ‘‘( 4 ) AMOUNT OF FELLOWSHIP AWARDS.—Fellowship awards under this section shall consist of a stipend in an amount equal to the level of support provided to fellows under the N ational Science Foundation G raduate Research Fellowship P rogram, except that such stipend shall be adjusted as nec- essary so as not to exceed the fellow ’ s tuition and fees or demonstrated need (as determined by the institution of higher Crite ri a.R e gul ati ons . M inorities. W o m en.
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