I 

108TH CONGRESS 

1ST SESSION H. R. 3076

To amend title VII of the Higher Education Act of 1965 to ensure graduate 

opportunities in postsecondary education, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 11, 2003

Mr. HOEKSTRA (for himself, Mr. BOEHNER, Mr. MCKEON, Mr. ISAKSON, Mr. 

TIBERI, Mr. WILSON of South Carolina, and Mr. COLE) introduced the 

following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL

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,

3 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON4 TENTS. 

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

6 ‘‘Graduate Opportunities in Higher Education Act of 

7 2003’’. 

8 (b) REFERENCES.—Except as otherwise expressly 

9 provided, whenever in this Act an amendment or repeal 
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1 is expressed in terms of an amendment to, or repeal of, 

2 a section or other provision, the reference shall be consid3 ered to be made to a section or other provision of the 

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

5 SEC. 2. JAVITS FELLOWSHIP PROGRAM. 

6 (a) PRIORITY.—Section 701(a) (20 U.S.C. 1134(a)) 

7 is amended by inserting after the second sentence the fol8 lowing new sentence: ‘‘The Secretary shall provide a pri9 ority for the purpose of awarding fellowships under this 

10 section to students who are in enrolled in graduate courses 

11 of study in advanced linguistics and in courses that pre12 pare teachers to teach students with limited English pro13 ficiency.’’. 

14 (b) INTERRUPTIONS OF STUDY.—Section 701(c) (20 

15 U.S.C. 1134(c)) is amended by adding at the end the fol16 lowing new sentence: ‘‘In the case of other exceptional cir17 cumstances, such as active duty military service or per18 sonal or family member illness, the institution of higher 

19 education may also permit the fellowship recipient to in20 terrupt periods of study for not more than 12 months, 

21 but without payment of the stipend.’’. 

22 (c) ALLOCATION OF FELLOWSHIPS.—Section 

23 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended—
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1 (1) in the first sentence, by inserting ‘‘from di2 verse geographic regions’’ after ‘‘higher education’’; 

3 and 

4 (2) by adding at the end the following new sen5 tence: ‘‘The Secretary shall also assure that at least 

6 one representative appointed to the Board represents 

7 an institution that is eligible for a grant under title 

8 III or V of this Act.’’. 

9 (d) STIPENDS.—Section 703 (20 U.S.C. 1134b(a)) is 

10 amended—

11 (1) in subsection (a)—

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

13 ‘‘2004–2005’’; 

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

15 ‘‘may be set’’; and 

16 (C) by striking ‘‘Foundation graduate fel17 lowships’’ and inserting ‘‘Foundation Graduate 

18 Research Fellowship Program’’; and 

19 (2) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) INSTITUTIONAL PAYMENTS.—

22 ‘‘(1) IN GENERAL.—The Secretary shall (in ad23 dition to stipends paid to individuals under this sub24 part) pay to the institution of higher education, for 

25 each individual awarded a fellowship under this sub-
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1 part at such institution, an institutional allowance. 

2 Except as provided in paragraph (2), such allowance 

3 shall be, for 2004–2005 and succeeding academic 

4 years, the same amount as the institutional payment 

5 made for 2003–2004 adjusted for 2004–2005 and 

6 annually thereafter in accordance with inflation as 

7 determined by the Department of Labor’s Consumer 

8 Price Index for the previous calendar year. 

9 ‘‘(2) REDUCTION.—The institutional allowance 

10 paid under paragraph (1) shall be reduced by the 

11 amount the institution charges and collects from a 

12 fellowship recipient for tuition and other expenses as 

13 part of the recipient’s instructional program.’’. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 705 (20 U.S.C. 1134d) is amended by striking ‘‘fiscal year 

16 1999 and such sums as may be necessary for each of the 

17 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

18 and sums as may be necessary for each of the 5 succeeding 

19 fiscal years’’.

20 SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL 

21 NEED. 

22 (a) PRIORITY.—Section 711(a) (20 U.S.C. 1135(a)) 

23 is amended by adding at the end the following new para24 graph: 
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1 ‘‘(3) PRIORITY.—The Secretary shall establish 

2 a priority for grants to institutions of higher edu3 cation in order to prepare math, science and special 

4 education faculty who can train highly qualified 

5 math, science and special education elementary and 

6 secondary school teachers. Such grants shall offer 

7 program assistance and graduate fellowships for—

8 ‘‘(A) post-baccalaureate study related to 

9 teacher preparation in math, science, or special 

10 education; and 

11 ‘‘(B) support of dissertation research in 

12 math, science, or special education.’’. 

13 (b) DESIGNATION OF AREAS OF NATIONAL NEED.—

14 The last sentence of section 712(b) (20 U.S.C. 1135a(b)) 

15 is amended—

16 (1) by striking ‘‘and an assessment’’ and insert17 ing ‘‘an assessment’’; and 

18 (2) by inserting before the period at the end of 

19 the following: ‘‘and the priority described in section 

20 711 (a)(3)’’. 

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

22 is amended—

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

24 ‘‘2004–2005’’; 
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1 (2) by striking ‘‘shall be set’’ and inserting 

2 ‘‘may be set’’; and 

3 (3) by striking ‘‘Foundation graduate fellow4 ships’’ and inserting ‘‘Foundation Graduate Re5 search Fellowship Program’’. 

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

7 (20 U.S.C. 1135d(a)(1)) is amended—

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

9 ‘‘2004–2005’’; and 

10 (2) by striking ‘‘1998–1999’’ and inserting 

11 ‘‘2003–2004’’. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 716 (20 U.S.C. 1135e) is amended by striking ‘‘fiscal year 

14 1999 and such sums as may be necessary for each of the 

15 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

16 and sums as may be necessary for each of the 5 succeeding 

17 fiscal years’’. 

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

19 U.S.C. 1135c(c)) is amended—

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

21 ‘‘section 715(a)’’; and 

22 (2) by striking ‘‘section 714(b)(2)’’ and insert23 ing ‘‘section 713(b)(2)’’. 
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1 SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OP2 PORTUNITY PROGRAM. 

3 (a) CONTRACT AND GRANT PURPOSES.—Section 

4 721(c) (20 U.S.C. 1136(c)) is amended—

5 (1) by amending paragraph (2) to read as fol6 lows: 

7 ‘‘(2) to prepare such students for study at ac8 credited law schools and assist them with the devel9 opment of analytical skills and study methods to en10 hance their success and promote completion of law 

11 school;’’; 

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

13 (4); 

14 (3) by striking the period at the end of para15 graph (5) and inserting ‘‘; and’’; and 

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

17 paragraph: 

18 ‘‘(6) to award Thurgood Marshall Fellowships 

19 to eligible law school students—

20 ‘‘(A) who participated in summer institutes 

21 authorized by subsection (d) and who are en22 rolled in an accredited law school; or 

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

24 who have successfully completed a comparable 

25 summer institute program certified by the 

26 Council on Legal Educational Opportunity.’’. 
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1 (b) SERVICES PROVIDED.—Section 721(d)(1)(D) (20 

2 U.S.C. 1136(d)(1)(D)) is amended by inserting ‘‘in ana3 lytical skills and study methods’’ after ‘‘courses’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 721(h) (20 U.S.C. 1136(h)) is amended by striking ‘‘1999 

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

7 ‘‘2004 and each of the 5 succeeding fiscal years’’. 

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

9 731 (20 U.S.C. 1137(e)) is repealed. 

10 SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSEC11 ONDARY EDUCATION. 

12 (a) CONTRACT AND GRANT PURPOSES.—Section 

13 741(a) (20 U.S.C. 1138(a)) is amended—

14 (1) by amending paragraph (1) to read as fol15 lows: 

16 ‘‘(1) the encouragement of the reform and im17 provement of, and innovation in, postsecondary edu18 cation and the provision of educational opportunity 

19 for all, especially for the non-traditional student pop20 ulations;’’;

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

22 semicolon at the end the following: ‘‘for postsec23 ondary students, especially those that provide aca24 demic credit for programs’’; 
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1 (3) by amending paragraph (3) to read as fol2 lows: 

3 ‘‘(3) the establishment of institutions and pro4 grams based on the technology of communications, 

5 including delivery by distance education;’’; and 

6 (4) by amending paragraph (6) to read as fol7 lows: 

8 ‘‘(6) the introduction of institutional reforms 

9 designed to expand individual opportunities for en10 tering and reentering postsecondary institutions and 

11 pursuing programs of postsecondary study tailored 

12 to individual needs;’’. 

13 (b) SPECIAL PROJECTS.—Paragraph (4) of section 

14 744(c) (20 U.S.C. 1138c(c)(4)) is amended to read as fol15 lows: 

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

17 student exchange among postsecondary educational 

18 institutions in the United States and abroad.’’. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

21 ‘‘$30,000,000 for fiscal year 1999 and such sums as may 

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

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

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

25 fiscal years’’ . 
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1 SEC. 6. URBAN COMMUNITY SERVICE. 

2 Part C of title VII (20 U.S.C. 1139 et seq.) is re3 pealed. 

4 SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS 

5 WITH DISABILITIES RECEIVE A QUALITY 

6 HIGHER EDUCATION. 

7 (a) SERVING ALL STUDENTS WITH DISABILITIES.—

8 Section 762(a) (20 U.S.C. 1140a(a)) is amended by strik9 ing ‘‘students with learning disabilities’’ and inserting 

10 ‘‘students with disabilities’’. 

11 (b) AUTHORIZED ACTIVITIES.—

12 (1) AMENDMENT.—Section 762(b)(2) is amend13 ed—

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

15 order to improve retention and completion’’ 

16 after ‘‘disabilities’’; 

17 (B) by redesignating subparagraphs (B) 

18 and (C) as subparagraphs (C) and (E), respec19 tively; 

20 (C) by inserting after subparagraph (A) 

21 the following new subparagraph: 

22 ‘‘(B) EFFECTIVE TRANSITION PRAC23 TICES.—The development of innovative, effec24 tive, and efficient teaching methods and strate25 gies to ensure the smooth transition of students 
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1 with disabilities from high school to postsec2 ondary education.’’; and 

3 (D) by inserting after subparagraph (C) 

4 (as redesignated by subparagraph (B) of this 

5 paragraph) the following new subparagraph: 

6 ‘‘(D) DISTANCE LEARNING.—The develop7 ment of innovative, effective, and efficient 

8 teaching methods and strategies to provide fac9 ulty and administrators with the ability to pro10 vide accessible distance education programs or 

11 classes that would enhance access of students 

12 with disabilities to higher education, including 

13 the use of electronic communication for instruc14 tion and advisement.’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 762(b)(3) is amended by striking ‘‘subparagraphs 

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

18 through (E)’’. 

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

20 is amended—

21 (1) by amending paragraph (1) to read as fol22 lows: 

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

24 to address the activities allowed under this part;’’; 
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1 (2) by striking ‘‘and’’ at the end of paragraph 

2 (2); 

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

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

6 paragraph: 

7 ‘‘(4) a description of the extent to which an in8 stitution will work to replicate the best practices of 

9 institutions of higher education with demonstrated 

10 success in serving students with disabilities.’’. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 765 (20 U.S.C. 1140d) is amended by striking ‘‘fiscal year 

13 1999 and such sums as may be necessary for each of the 

14 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

15 and such sums as may be necessary for each of the 5 suc16 ceeding fiscal years’’.

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