I 

108TH CONGRESS 

2D SESSION H. R. 4411

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 

MAY 20, 2004

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

UPTON, 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. 

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

5 ‘‘Priorities for Graduate Studies Act of 2004’’. 

6 (b) REFERENCES.—Except as otherwise expressly 

7 provided, whenever in this Act an amendment or repeal 

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

9 a section or other provision, the reference shall be consid-
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1 ered to be made to a section or other provision of the 

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

3 SEC. 2. JAVITS FELLOWSHIP PROGRAM. 

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

5 U.S.C. 1134(c)) is amended by adding at the end the fol6 lowing new sentence: ‘‘In the case of other exceptional cir7 cumstances, such as active duty military service or per8 sonal or family member illness, the institution of higher 

9 education may also permit the fellowship recipient to in10 terrupt periods of study for the duration of the tour of 

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

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

13 the stipend.’’. 

14 (b) ALLOCATION OF FELLOWSHIPS.—Section 

15 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended—

16 (1) in the first sentence, by inserting ‘‘from di17 verse geographic regions’’ after ‘‘higher education’’; 

18 and 

19 (2) by adding at the end the following new sen20 tence: ‘‘The Secretary shall also assure that at least 

21 one representative appointed to the Board represents 

22 an institution that is eligible for a grant under title 

23 III or V of this Act.’’. 

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

25 amended—
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1 (1) in subsection (a)—

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

3 ‘‘2004–2005’’; 

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

5 ‘‘may be set’’; and 

6 (C) by striking ‘‘Foundation graduate fel7 lowships’’ and inserting ‘‘Foundation Graduate 

8 Research Fellowship Program’’; and 

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

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

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

12 addition to stipends paid to individuals under this 

13 subpart) pay to the institution of higher education, 

14 for each individual awarded a fellowship under this 

15 subpart at such institution, an institutional allow16 ance. Except as provided in subparagraph (B), such 

17 allowance shall be, for 2004–2005 and succeeding 

18 academic years, the same amount as the institu19 tional payment made for 2003–2004 adjusted for 

20 2004–2005 and annually thereafter in accordance 

21 with inflation as determined by the Department of 

22 Labor’s Consumer Price Index for the previous cal23 endar year.’’. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 705 (20 U.S.C. 1134d) 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’’. 

5 SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL 

6 NEED. 

7 (a) DESIGNATION OF AREAS OF NATIONAL NEED; 

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

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

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

11 inserting ‘‘an assessment’’; and 

12 (B) by inserting before the period at the 

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

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

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(c) PRIORITY.—The Secretary shall establish a pri18 ority for grants in order to prepare individuals for the pro19 fessoriate who will train highly-qualified elementary and 

20 secondary school teachers of math, science, and special 

21 education, and teachers who provide instruction for lim22 ited English proficient individuals. Such grants shall offer 

23 program assistance and graduate fellowships for—

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

25 preparation and pedagogy in math and science for 
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1 students who have completed a master’s degree or 

2 are pursuing a doctorate of philosophy in math and 

3 science; 

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

5 preparation and pedagogy in special education and 

6 English language acquisition and academic pro7 ficiency for limited English proficient individuals; 

8 and 

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

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

11 language pedagogy and second language acquisi12 tion.’’. 

13 (b) COLLABORATION REQUIRED FOR CERTAIN AP14 PLICATIONS.—Section 713(b) (20 U.S.C. 1135b) is 

15 amended—

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

17 (9); 

18 (2) by redesignating paragraph (10) as para19 graph (11); and 

20 (3) by inserting after paragraph (9) the fol21 lowing new paragraph: 

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

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

24 teacher preparation, contain assurances that such 

25 department, program, or unit collaborates with de-
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1 partments, programs, or units in all content areas to 

2 assure a successful combination of training in both 

3 teaching and such content; and’’. 

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

5 is amended—

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

7 ‘‘2004–2005’’; 

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

9 ‘‘may be set’’; and 

10 (3) by striking ‘‘Foundation graduate fellow11 ships’’ and inserting ‘‘Foundation Graduate Re12 search Fellowship Program’’. 

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

14 (20 U.S.C. 1135d(a)(1)) is amended—

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

16 ‘‘2004–2005’’; and 

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

18 ‘‘2003–2004’’. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

21 1999 and such sums as may be necessary for each of the 

22 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

23 and such sums as may be necessary for each of the 5 suc24 ceeding fiscal years’’. 
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1 (f) TECHNICAL AMENDMENTS.—Section 714(c) (20 

2 U.S.C. 1135c(c)) is amended—

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

4 ‘‘section 715(a)’’; and 

5 (2) by striking ‘‘section 714(b)(2)’’ and insert6 ing ‘‘section 713(b)(2)’’. 

7 SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OP8 PORTUNITY PROGRAM. 

9 (a) CONTRACT AND GRANT PURPOSES.—Section 

10 721(c) (20 U.S.C. 1136(c)) is amended—

11 (1) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) to prepare such students for study at ac14 credited law schools and assist them with the devel15 opment of analytical skills and study methods to en16 hance their success and promote completion of law 

17 school;’’; 

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

19 (4); 

20 (3) by striking the period at the end of para21 graph (5) and inserting ‘‘; and’’; and 

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

23 paragraph: 

24 ‘‘(6) to award Thurgood Marshall Fellowships 

25 to eligible law school students—
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1 ‘‘(A) who participated in summer institutes 

2 authorized by subsection (d) and who are en3 rolled in an accredited law school; or 

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

5 who have successfully completed a comparable 

6 summer institute program certified by the 

7 Council on Legal Educational Opportunity.’’. 

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

9 U.S.C. 1136(d)(1)(D)) is amended by inserting ‘‘in ana10 lytical skills and study methods’’ after ‘‘courses’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 721(h) (20 U.S.C. 1136(h)) is amended by striking ‘‘1999 

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

14 ‘‘2004 and each of the 5 succeeding fiscal years’’. 

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

16 731 (20 U.S.C. 1137(e)) is repealed. 

17 SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSEC18 ONDARY EDUCATION. 

19 (a) CONTRACT AND GRANT PURPOSES.—Section 

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

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

23 ‘‘(1) the encouragement of the reform and im24 provement of, and innovation in, postsecondary edu25 cation and the provision of educational opportunity 
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1 for all, especially for the non-traditional student pop2 ulations;’’; 

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

4 semicolon at the end the following: ‘‘for postsec5 ondary students, especially those that provide aca6 demic credit for programs’’; 

7 (3) by amending paragraph (3) to read as fol8 lows: 

9 ‘‘(3) the establishment of institutions and pro10 grams based on the technology of communications, 

11 including delivery by distance education;’’; and 

12 (4) by amending paragraph (6) to read as fol13 lows: 

14 ‘‘(6) the introduction of institutional reforms 

15 designed to expand individual opportunities for en16 tering and reentering postsecondary institutions and 

17 pursuing programs of postsecondary study tailored 

18 to individual needs;’’. 

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

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

21 and inserting the following: 

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

23 student exchange among postsecondary educational 

24 institutions in the United States and abroad. 
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1 ‘‘(5) Establishment of academic programs in2 cluding graduate and undergraduate courses, semi3 nars and lectures, support of research, and develop4 ment of teaching materials for the purpose of sup5 porting faculty and academic programs that teach 

6 traditional American history (including significant 

7 constitutional, political, intellectual, economic, diplo8 matic, and foreign policy trends, issues, and docu9 ments; the history, nature, and development of 

10 democratic institutions of which American democ11 racy is a part; and significant events and individuals 

12 in the history of the United States). 

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

14 training, resource exchanges or technology transfers, 

15 the delivery of services, or other activities the pur16 pose of which is to design and implement programs 

17 to enable institutions of higher education to work 

18 with private and civic organizations to assist commu19 nities to meet and address their pressing and severe 

20 problems, including economic development, commu21 nity infrastructure and housing, crime prevention, 

22 education, healthcare, self sufficiency, and workforce 

23 preparation.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 745 (20 U.S.C. 1138d) is amended by striking 
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1 ‘‘$30,000,000 for fiscal year 1999 and such sums as may 

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

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

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

5 fiscal years’’ . 

6 SEC. 6. URBAN COMMUNITY SERVICE. 

7 Part C of title VII (20 U.S.C. 1139 et seq.) is re8 pealed. 

9 SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS 

10 WITH DISABILITIES RECEIVE A QUALITY 

11 HIGHER EDUCATION. 

12 (a) SERVING ALL STUDENTS WITH DISABILITIES.—

13 Section 762(a) (20 U.S.C. 1140a(a)) is amended by strik14 ing ‘‘students with learning disabilities’’ and inserting 

15 ‘‘students with disabilities’’. 

16 (b) AUTHORIZED ACTIVITIES.—

17 (1) AMENDMENT.—Section 762(b)(2) is amend18 ed—

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

20 order to improve retention and completion’’ 

21 after ‘‘disabilities’’; 

22 (B) by redesignating subparagraphs (B) 

23 and (C) as subparagraphs (C) and (E), respec24 tively; 
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1 (C) by inserting after subparagraph (A) 

2 the following new subparagraph: 

3 ‘‘(B) EFFECTIVE TRANSITION PRAC4 TICES.—The development of innovative, effec5 tive, and efficient teaching methods and strate6 gies to ensure the smooth transition of students 

7 with disabilities from high school to postsec8 ondary education.’’; and 

9 (D) by inserting after subparagraph (C) 

10 (as redesignated by subparagraph (B) of this 

11 paragraph) the following new subparagraph: 

12 ‘‘(D) DISTANCE LEARNING.—The develop13 ment of innovative, effective, and efficient 

14 teaching methods and strategies to provide fac15 ulty and administrators with the ability to pro16 vide accessible distance education programs or 

17 classes that would enhance access of students 

18 with disabilities to higher education, including 

19 the use of electronic communication for instruc20 tion and advisement.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 762(b)(3) is amended by striking ‘‘subparagraphs 

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

24 through (E)’’. 
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1 (c) APPLICATIONS.—Section 763 (20 U.S.C. 1140b) 

2 is amended—

3 (1) by amending paragraph (1) to read as fol4 lows: 

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

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

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

8 (2); 

9 (3) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and 

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

12 paragraph: 

13 ‘‘(4) a description of the extent to which an in14 stitution will work to replicate the best practices of 

15 institutions of higher education with demonstrated 

16 success in serving students with disabilities.’’. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 765 (20 U.S.C. 1140d) is amended by striking ‘‘fiscal year 

19 1999 and such sums as may be necessary for each of the 

20 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2004 

21 and such sums as may be necessary for each of the 5 suc22 ceeding fiscal years’’.

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