IIB 

108TH CONGRESS 

1ST SESSION H. R. 3076

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2003

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT

To amend title VII of the Higher Education Act of 1965 

to ensure graduate opportunities in postsecondary education, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; REFERENCES. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Graduate Opportunities in Higher Education Act of 

4 2003’’. 

5 (b) REFERENCES.—Except as otherwise expressly 

6 provided, whenever in this Act an amendment or repeal 

7 is expressed in terms of an amendment to, or repeal of, 

8 a section or other provision, the reference shall be consid9 ered to be made to a section or other provision of the 

10 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 

11 SEC. 2. JAVITS FELLOWSHIP PROGRAM. 

12 (a) INTERRUPTIONS OF STUDY.—Section 701(c) (20 

13 U.S.C. 1134(c)) is amended by adding at the end the fol14 lowing new sentence: ‘‘In the case of other exceptional cir15 cumstances, such as active duty military service or per16 sonal or family member illness, the institution of higher 

17 education may also permit the fellowship recipient to in18 terrupt periods of study for the duration of the tour of 

19 duty (in the case of military service) or not more than 

20 12 months (in any other case), but without payment of 

21 the stipend.’’. 

22 (b) ALLOCATION OF FELLOWSHIPS.—Section 

23 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended—

24 (1) in the first sentence, by inserting ‘‘from di25 verse geographic regions’’ after ‘‘higher education’’; 

26 and 
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1 (2) by adding at the end the following new sen2 tence: ‘‘The Secretary shall also assure that at least 

3 one representative appointed to the Board represents 

4 an institution that is eligible for a grant under title 

5 III or V of this Act.’’. 

6 (c) STIPENDS.—Section 703 (20 U.S.C. 1134b(a)) is 

7 amended—

8 (1) in subsection (a)—

9 (A) by striking ‘‘1999–2000’’ and inserting 

10 ‘‘2004–2005’’; 

11 (B) by striking ‘‘shall be set’’ and inserting 

12 ‘‘may be set’’; and 

13 (C) by striking ‘‘Foundation graduate fel14 lowships’’ and inserting ‘‘Foundation Graduate 

15 Research Fellowship Program’’; and 

16 (2) in subsection (b), by amending paragraph 

17 (1)(A) to read as follows: 

18 ‘‘(1) IN GENERAL.—(A) The Secretary shall (in 

19 addition to stipends paid to individuals under this 

20 subpart) pay to the institution of higher education, 

21 for each individual awarded a fellowship under this 

22 subpart at such institution, an institutional allow23 ance. Except as provided in subparagraph (B), such 

24 allowance shall be, for 2004–2005 and succeeding 

25 academic years, the same amount as the institu-
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1 tional payment made for 2003–2004 adjusted for 

2 2004–2005 and annually thereafter in accordance 

3 with inflation as determined by the Department of 

4 Labor’s Consumer Price Index for the previous cal5 endar year.’’. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 705 (20 U.S.C. 1134d) is amended by striking ‘‘fiscal year 

8 1999 and such sums as may be necessary for each of the 

9 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

10 and such sums as may be necessary for each of the 5 suc11 ceeding fiscal years’’. 

12 SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL 

13 NEED. 

14 (a) DESIGNATION OF AREAS OF NATIONAL NEED; 

15 PRIORITY.—Section 712 (20 U.S.C. 1135a) is amended—

16 (1) in the last sentence of subsection (b)—

17 (A) by striking ‘‘and an assessment’’ and 

18 inserting ‘‘an assessment’’; and 

19 (B) by inserting before the period at the 

20 end the following: ‘‘, and the priority described 

21 in subsection (c) of this section’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(c) PRIORITY.—The Secretary shall establish a pri25 ority for grants in order to prepare individuals for the pro-
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1 fessoriate who will train highly-qualified elementary and 

2 secondary school teachers of math, science, and special 

3 education, and teachers who provide instruction for lim4 ited English proficient individuals. Such grants shall offer 

5 program assistance and graduate fellowships for—

6 ‘‘(1) post-baccalaureate study related to teacher 

7 preparation and pedagogy in math and science for 

8 students who have completed a master’s degree or 

9 are pursuing a doctorate of philosophy in math and 

10 science; 

11 ‘‘(2) post-baccalaureate study related to teacher 

12 preparation and pedagogy in special education and 

13 English language acquisition and academic pro14 ficiency for limited English proficient individuals; 

15 and 

16 ‘‘(3) support of dissertation research in the 

17 fields of math, science, special education, or second 

18 language pedagogy and second language acquisi19 tion.’’. 

20 (b) COLLABORATION REQUIRED FOR CERTAIN AP21 PLICATIONS.—Section 713(b) (20 U.S.C. 1135b) is 

22 amended—

23 (1) by striking ‘‘and’’ at the end of paragraph 

24 (9); 
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1 (2) by redesignating paragraph (10) as para2 graph (11); and 

3 (3) by inserting after paragraph (9) the fol4 lowing new paragraph:

5 ‘‘(10) in the case of an application for a grant 

6 by a department, program, or unit in education or 

7 teacher preparation, contain assurances that such 

8 department, program, or unit collaborates with de9 partments, programs, or units in all content areas to 

10 assure a successful combination of training in both 

11 teaching and such content; and’’. 

12 (c) STIPENDS.—Section 714(b) (20 U.S.C. 1135c(b)) 

13 is amended—

14 (1) by striking ‘‘1999–2000’’ and inserting 

15 ‘‘2004–2005’’; 

16 (2) by striking ‘‘shall be set’’ and inserting 

17 ‘‘may be set’’; and 

18 (3) by striking ‘‘Foundation graduate fellow19 ships’’ and inserting ‘‘Foundation Graduate Re20 search Fellowship Program’’. 

21 (d) ADDITIONAL ASSISTANCE.—Section 715(a)(1) 

22 (20 U.S.C. 1135d(a)(1)) is amended—

23 (1) by striking ‘‘1999–2000’’ and inserting 

24 ‘‘2004–2005’’; and 
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1 (2) by striking ‘‘1998–1999’’ and inserting 

2 ‘‘2003–2004’’. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 716 (20 U.S.C. 1135e) is amended by striking ‘‘fiscal year 

5 1999 and such sums as may be necessary for each of the 

6 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

7 and such sums as may be necessary for each of the 5 suc8 ceeding fiscal years’’. 

9 (f) TECHNICAL AMENDMENTS.—Section 714(c) (20 

10 U.S.C. 1135c(c)) is amended—

11 (1) by striking ‘‘section 716(a)’’ and inserting 

12 ‘‘section 715(a)’’; and 

13 (2) by striking ‘‘section 714(b)(2)’’ and insert14 ing ‘‘section 713(b)(2)’’. 

15 SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OP16 PORTUNITY PROGRAM. 

17 (a) CONTRACT AND GRANT PURPOSES.—Section 

18 721(c) (20 U.S.C. 1136(c)) is amended—

19 (1) by amending paragraph (2) to read as fol20 lows: 

21 ‘‘(2) to prepare such students for study at ac22 credited law schools and assist them with the devel23 opment of analytical skills and study methods to en24 hance their success and promote completion of law 

25 school;’’; 
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1 (2) by striking ‘‘and’’ at the end of paragraph 

2 (4); 

3 (3) by striking the period at the end of para4 graph (5) and inserting ‘‘; and’’; and 

5 (4) by adding at the end the following new 

6 paragraph: 

7 ‘‘(6) to award Thurgood Marshall Fellowships 

8 to eligible law school students—

9 ‘‘(A) who participated in summer institutes 

10 authorized by subsection (d) and who are en11 rolled in an accredited law school; or 

12 ‘‘(B) who are eligible law school students 

13 who have successfully completed a comparable 

14 summer institute program certified by the 

15 Council on Legal Educational Opportunity.’’. 

16 (b) SERVICES PROVIDED.—Section 721(d)(1)(D) (20 

17 U.S.C. 1136(d)(1)(D)) is amended by inserting ‘‘in ana18 lytical skills and study methods’’ after ‘‘courses’’. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 721(h) (20 U.S.C. 1136(h)) is amended by striking ‘‘1999 

21 and each of the 4 succeeding fiscal years’’ and inserting 

22 ‘‘2004 and each of the 5 succeeding fiscal years’’. 

23 (d) GENERAL PROVISIONS.—Subsection (e) of section 

24 731 (20 U.S.C. 1137(e)) is repealed. 
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1 SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSEC2 ONDARY EDUCATION. 

3 (a) CONTRACT AND GRANT PURPOSES.—Section 

4 741(a) (20 U.S.C. 1138(a)) is amended—

5 (1) by amending paragraph (1) to read as fol6 lows: 

7 ‘‘(1) the encouragement of the reform and im8 provement of, and innovation in, postsecondary edu9 cation and the provision of educational opportunity 

10 for all, especially for the non-traditional student pop11 ulations;’’; 

12 (2) in paragraph (2), by inserting before the 

13 semicolon at the end the following: ‘‘for postsec14 ondary students, especially those that provide aca15 demic credit for programs’’; 

16 (3) by amending paragraph (3) to read as fol17 lows: 

18 ‘‘(3) the establishment of institutions and pro19 grams based on the technology of communications, 

20 including delivery by distance education;’’; and 

21 (4) by amending paragraph (6) to read as fol22 lows: 

23 ‘‘(6) the introduction of institutional reforms 

24 designed to expand individual opportunities for en25 tering and reentering postsecondary institutions and 
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1 pursuing programs of postsecondary study tailored 

2 to individual needs;’’. 

3 (b) AREAS OF NATIONAL NEED.—Section 744(c) (20 

4 U.S.C. 1138c(c)) is amended by striking paragraph (4) 

5 and inserting the following: 

6 ‘‘(4) International cooperation, partnerships, or 

7 student exchange among postsecondary educational 

8 institutions in the United States and abroad. 

9 ‘‘(5) Establishment of academic programs in10 cluding graduate and undergraduate courses, semi11 nars and lectures, support of research, and develop12 ment of teaching materials for the purpose of sup13 porting faculty and academic programs that teach 

14 traditional American history (including significant 

15 constitutional, political, intellectual, economic, diplo16 matic, and foreign policy trends, issues, and docu17 ments; the history, nature, and development of 

18 democratic institutions of which American democ19 racy is a part; and significant events and individuals 

20 in the history of the United States). 

21 ‘‘(6) Support for planning, applied research, 

22 training, resource exchanges or technology transfers, 

23 the delivery of services, or other activities the pur24 pose of which is to design and implement programs 

25 to enable institutions of higher education to work 
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1 with private and civic organizations to assist commu2 nities to meet and address their pressing and severe 

3 problems, including economic development, commu4 nity infrastructure and housing, crime prevention, 

5 education, healthcare, self sufficiency, and workforce 

6 preparation.’’. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 745 (20 U.S.C. 1138d) is amended by striking 

9 ‘‘$30,000,000 for fiscal year 1999 and such sums as may 

10 be necessary for each of the 4 succeeding fiscal years’’ and 

11 inserting ‘‘$40,000,000 for fiscal year 2004 and such 

12 sums as may be necessary for each of the 5 succeeding 

13 fiscal years’’ . 

14 SEC. 6. URBAN COMMUNITY SERVICE. 

15 Part C of title VII (20 U.S.C. 1139 et seq.) is re16 pealed. 

17 SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS 

18 WITH DISABILITIES RECEIVE A QUALITY 

19 HIGHER EDUCATION. 

20 (a) SERVING ALL STUDENTS WITH DISABILITIES.—

21 Section 762(a) (20 U.S.C. 1140a(a)) is amended by strik22 ing ‘‘students with learning disabilities’’ and inserting 

23 ‘‘students with disabilities’’. 

24 (b) AUTHORIZED ACTIVITIES.—
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1 (1) AMENDMENT.—Section 762(b)(2) is amend2 ed—

3 (A) in subparagraph (A), by inserting ‘‘in 

4 order to improve retention and completion’’ 

5 after ‘‘disabilities’’; 

6 (B) by redesignating subparagraphs (B) 

7 and (C) as subparagraphs (C) and (E), respec8 tively; 

9 (C) by inserting after subparagraph (A) 

10 the following new subparagraph: 

11 ‘‘(B) EFFECTIVE TRANSITION PRAC12 TICES.—The development of innovative, effec13 tive, and efficient teaching methods and strate14 gies to ensure the smooth transition of students 

15 with disabilities from high school to postsec16 ondary education.’’; and 

17 (D) by inserting after subparagraph (C) 

18 (as redesignated by subparagraph (B) of this 

19 paragraph) the following new subparagraph: 

20 ‘‘(D) DISTANCE LEARNING.—The develop21 ment of innovative, effective, and efficient 

22 teaching methods and strategies to provide fac23 ulty and administrators with the ability to pro24 vide accessible distance education programs or 

25 classes that would enhance access of students 
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1 with disabilities to higher education, including 

2 the use of electronic communication for instruc3 tion and advisement.’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 762(b)(3) is amended by striking ‘‘subparagraphs 

6 (A) through (C)’’ and inserting ‘‘subparagraphs (A) 

7 through (E)’’. 

8 (c) APPLICATIONS.—Section 763 (20 U.S.C. 1140b) 

9 is amended—

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) a description of how such institution plans 

13 to address the activities allowed under this part;’’; 

14 (2) by striking ‘‘and’’ at the end of paragraph 

15 (2); 

16 (3) by striking the period at the end of para17 graph (3) and inserting ‘‘; and’’; and 

18 (4) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) a description of the extent to which an in21 stitution will work to replicate the best practices of 

22 institutions of higher education with demonstrated 

23 success in serving students with disabilities.’’. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 765 (20 U.S.C. 1140d) is amended by striking ‘‘fiscal year 
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1 1999 and such sums as may be necessary for each of the 

2 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

3 and such sums as may be necessary for each of the 5 suc4 ceeding fiscal years’’.

Passed the House of Representatives October 21, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk.