```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3076 Referred in Senate (RFS)]

  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Graduate 
Opportunities in Higher Education Act of 2003''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 2. JAVITS FELLOWSHIP PROGRAM.

    (a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is 
amended by adding at the end the following new sentence: ``In the case 
of other exceptional circumstances, such as active duty military 
service or personal or family member illness, the institution of higher 
education may also permit the fellowship recipient to interrupt periods 
of study for the duration of the tour of duty (in the case of military 
service) or not more than 12 months (in any other case), but without 
payment of the stipend.''.
    (b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C. 
1134a(a)(1)) is amended--
            (1) in the first sentence, by inserting ``from diverse 
        geographic regions'' after ``higher education''; and
            (2) by adding at the end the following new sentence: ``The 
        Secretary shall also assure that at least one representative 
        appointed to the Board represents an institution that is 
        eligible for a grant under title III or V of this Act.''.
    (c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended--
            (1) in subsection (a)--
                    (A) by striking ``1999-2000'' and inserting ``2004-
                2005'';
                    (B) by striking ``shall be set'' and inserting 
                ``may be set''; and
                    (C) by striking ``Foundation graduate fellowships'' 
                and inserting ``Foundation Graduate Research Fellowship 
                Program''; and
            (2) in subsection (b), by amending paragraph (1)(A) to read 
        as follows:
            ``(1) In general.--(A) The Secretary shall (in addition to 
        stipends paid to individuals under this subpart) pay to the 
        institution of higher education, for each individual awarded a 
        fellowship under this subpart at such institution, an 
        institutional allowance. Except as provided in subparagraph 
        (B), such allowance shall be, for 2004-2005 and succeeding 
        academic years, the same amount as the institutional payment 
        made for 2003-2004 adjusted for 2004-2005 and annually 
        thereafter in accordance with inflation as determined by the 
        Department of Labor's Consumer Price Index for the previous 
        calendar year.''.
    (d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d) 
is amended by striking ``fiscal year 1999 and such sums as may be 
necessary for each of the 4 succeeding fiscal years'' and inserting 
``fiscal year 2004 and such sums as may be necessary for each of the 5 
succeeding fiscal years''.

SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.

    (a) Designation of Areas of National Need; Priority.--Section 712 
(20 U.S.C. 1135a) is amended--
            (1) in the last sentence of subsection (b)--
                    (A) by striking ``and an assessment'' and inserting 
                ``an assessment''; and
                    (B) by inserting before the period at the end the 
                following: ``, and the priority described in subsection 
                (c) of this section''; and
            (2) by adding at the end the following new subsection:
    ``(c) Priority.--The Secretary shall establish a priority for 
grants in order to prepare individuals for the professoriate who will 
train highly-qualified elementary and secondary school teachers of 
math, science, and special education, and teachers who provide 
instruction for limited English proficient individuals. Such grants 
shall offer program assistance and graduate fellowships for--
            ``(1) post-baccalaureate study related to teacher 
        preparation and pedagogy in math and science for students who 
        have completed a master's degree or are pursuing a doctorate of 
        philosophy in math and science;
            ``(2) post-baccalaureate study related to teacher 
        preparation and pedagogy in special education and English 
        language acquisition and academic proficiency for limited 
        English proficient individuals; and
            ``(3) support of dissertation research in the fields of 
        math, science, special education, or second language pedagogy 
        and second language acquisition.''.
    (b) Collaboration Required for Certain Applications.--Section 
713(b) (20 U.S.C. 1135b) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) in the case of an application for a grant by a 
        department, program, or unit in education or teacher 
        preparation, contain assurances that such department, program, 
        or unit collaborates with departments, programs, or units in 
        all content areas to assure a successful combination of 
        training in both teaching and such content; and''.
    (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--
            (1) by striking ``1999-2000'' and inserting ``2004-2005'';
            (2) by striking ``shall be set'' and inserting ``may be 
        set''; and
            (3) by striking ``Foundation graduate fellowships'' and 
        inserting ``Foundation Graduate Research Fellowship Program''.
    (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C. 
1135d(a)(1)) is amended--
            (1) by striking ``1999-2000'' and inserting ``2004-2005''; 
        and
            (2) by striking ``1998-1999'' and inserting ``2003-2004''.
    (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e) 
is amended by striking ``fiscal year 1999 and such sums as may be 
necessary for each of the 4 succeeding fiscal years'' and inserting 
``fiscal year 2004 and such sums as may be necessary for each of the 5 
succeeding fiscal years''.
    (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is 
amended--
            (1) by striking ``section 716(a)'' and inserting ``section 
        715(a)''; and
            (2) by striking ``section 714(b)(2)'' and inserting 
        ``section 713(b)(2)''.

SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.

    (a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C. 
1136(c)) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) to prepare such students for study at accredited law 
        schools and assist them with the development of analytical 
        skills and study methods to enhance their success and promote 
        completion of law school;'';
            (2) by striking ``and'' at the end of paragraph (4);
            (3) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(6) to award Thurgood Marshall Fellowships to eligible 
        law school students--
                    ``(A) who participated in summer institutes 
                authorized by subsection (d) and who are enrolled in an 
                accredited law school; or
                    ``(B) who are eligible law school students who have 
                successfully completed a comparable summer institute 
                program certified by the Council on Legal Educational 
                Opportunity.''.
    (b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C. 
1136(d)(1)(D)) is amended by inserting ``in analytical skills and study 
methods'' after ``courses''.
    (c) Authorization of Appropriations.--Section 721(h) (20 U.S.C. 
1136(h)) is amended by striking ``1999 and each of the 4 succeeding 
fiscal years'' and inserting ``2004 and each of the 5 succeeding fiscal 
years''.
    (d) General Provisions.--Subsection (e) of section 731 (20 U.S.C. 
1137(e)) is repealed.

SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

    (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C. 
1138(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) the encouragement of the reform and improvement of, 
        and innovation in, postsecondary education and the provision of 
        educational opportunity for all, especially for the non-
        traditional student populations;'';
            (2) in paragraph (2), by inserting before the semicolon at 
        the end the following: ``for postsecondary students, especially 
        those that provide academic credit for programs'';
            (3) by amending paragraph (3) to read as follows:
            ``(3) the establishment of institutions and programs based 
        on the technology of communications, including delivery by 
        distance education;''; and
            (4) by amending paragraph (6) to read as follows:
            ``(6) the introduction of institutional reforms designed to 
        expand individual opportunities for entering and reentering 
        postsecondary institutions and pursuing programs of 
        postsecondary study tailored to individual needs;''.
    (b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is 
amended by striking paragraph (4) and inserting the following:
            ``(4) International cooperation, partnerships, or student 
        exchange among postsecondary educational institutions in the 
        United States and abroad.
            ``(5) Establishment of academic programs including graduate 
        and undergraduate courses, seminars and lectures, support of 
        research, and development of teaching materials for the purpose 
        of supporting faculty and academic programs that teach 
        traditional American history (including significant 
        constitutional, political, intellectual, economic, diplomatic, 
        and foreign policy trends, issues, and documents; the history, 
        nature, and development of democratic institutions of which 
        American democracy is a part; and significant events and 
        individuals in the history of the United States).
            ``(6) Support for planning, applied research, training, 
        resource exchanges or technology transfers, the delivery of 
        services, or other activities the purpose of which is to design 
        and implement programs to enable institutions of higher 
        education to work with private and civic organizations to 
        assist communities to meet and address their pressing and 
        severe problems, including economic development, community 
infrastructure and housing, crime prevention, education, healthcare, 
self sufficiency, and workforce preparation.''.
    (c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d) 
is amended by striking ``$30,000,000 for fiscal year 1999 and such sums 
as may be necessary for each of the 4 succeeding fiscal years'' and 
inserting ``$40,000,000 for fiscal year 2004 and such sums as may be 
necessary for each of the 5 succeeding fiscal years'' .

SEC. 6. URBAN COMMUNITY SERVICE.

    Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.

SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES 
              RECEIVE A QUALITY HIGHER EDUCATION.

    (a) Serving All Students With Disabilities.--Section 762(a) (20 
U.S.C. 1140a(a)) is amended by striking ``students with learning 
disabilities'' and inserting ``students with disabilities''.
    (b) Authorized Activities.--
            (1) Amendment.--Section 762(b)(2) is amended--
                    (A) in subparagraph (A), by inserting ``in order to 
                improve retention and completion'' after 
                ``disabilities'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (E), respectively;
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) Effective transition practices.--The 
                development of innovative, effective, and efficient 
                teaching methods and strategies to ensure the smooth 
                transition of students with disabilities from high 
                school to postsecondary education.''; and
                    (D) by inserting after subparagraph (C) (as 
                redesignated by subparagraph (B) of this paragraph) the 
                following new subparagraph:
                    ``(D) Distance learning.--The development of 
                innovative, effective, and efficient teaching methods 
                and strategies to provide faculty and administrators 
                with the ability to provide accessible distance 
                education programs or classes that would enhance access 
                of students with disabilities to higher education, 
                including the use of electronic communication for 
                instruction and advisement.''.
            (2) Conforming amendment.--Section 762(b)(3) is amended by 
        striking ``subparagraphs (A) through (C)'' and inserting 
        ``subparagraphs (A) through (E)''.
    (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) a description of how such institution plans to 
        address the activities allowed under this part;'';
            (2) by striking ``and'' at the end of paragraph (2);
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) a description of the extent to which an institution 
        will work to replicate the best practices of institutions of 
        higher education with demonstrated success in serving students 
        with disabilities.''.
    (d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d) 
is amended by striking ``fiscal year 1999 and such sums as may be 
necessary for each of the 4 succeeding fiscal years'' and inserting 
``fiscal year 2004 and such sums as may be necessary for each of the 5 
succeeding fiscal years''.

            Passed the House of Representatives October 21, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```