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 edu-
cation, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Priorities for Graduate Studies Act of 2004’’. 
(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 consid-
ered 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 fol-
lowing new sentence: ‘‘In the case of other exceptional cir-
cumstances, such as active duty military service or per-
sonal or family member illness, the institution of higher 
education may also permit the fellowship recipient to in-
terrupt 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 di-
verse geographic regions’’ after ‘‘higher education’’; 
and 
(2) by adding at the end the following new sen-
tence: ‘‘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 fel-
lowships’’ 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 allow-
ance. Except as provided in subparagraph (B), such 
allowance shall be, for 2004–2005 and succeeding 
academic years, the same amount as the institu-
tional 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 cal-
endar 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 suc-
ceeding 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 sub-
section: 
‘‘(c) PRIORITY.—The Secretary shall establish a pri-
ority for grants in order to prepare individuals for the pro-
fessoriate who will train highly-qualified elementary and 
secondary school teachers of math, science, and special 
education, and teachers who provide instruction for lim-
ited 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 pro-
ficiency 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 acquisi-
tion.’’. 
(b) COLLABORATION REQUIRED FOR CERTAIN AP-
PLICATIONS.—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 para-
graph (11); and 
(3) by inserting after paragraph (9) the fol-
lowing 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 de-
partments, 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 fellow-
ships’’ and inserting ‘‘Foundation Graduate Re-
search 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 suc-
ceeding 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 insert-
ing ‘‘section 713(b)(2)’’. 
SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OP-
PORTUNITY 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 fol-
lows: 
‘‘(2) to prepare such students for study at ac-
credited law schools and assist them with the devel-
opment of analytical skills and study methods to en-
hance 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 para-
graph (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—
for all, especially for the non-traditional student pop-
ulations;’’; 
(2) in paragraph (2), by inserting before the 
semicolon at the end the following: ‘‘for postsec-
ondary students, especially those that provide aca-
demic credit for programs’’; 
(3) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) the establishment of institutions and pro-
grams based on the technology of communications, 
including delivery by distance education;’’; and 
(4) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) the introduction of institutional reforms 
designed to expand individual opportunities for en-
tering 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 in-
cluding graduate and undergraduate courses, semi-
nars and lectures, support of research, and develop-
ment of teaching materials for the purpose of sup-
porting faculty and academic programs that teach 
traditional American history (including significant 
constitutional, political, intellectual, economic, diplo-
matic, and foreign policy trends, issues, and docu-
ments; the history, nature, and development of 
democratic institutions of which American democ-
racy 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 pur-
pose of which is to design and implement programs 
to enable institutions of higher education to work 
with private and civic organizations to assist commu-
nities to meet and address their pressing and severe 
problems, including economic development, commu-
nity 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 re-
pealed. 
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 strik-
ing ‘‘students with learning disabilities’’ and inserting 
‘‘students with disabilities’’. 
(b) AUTHORIZED ACTIVITIES.—
(1) AMENDMENT.—Section 762(b)(2) is amend-
ed—
(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), respec-
tively;
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) 
EFFECTIVE
TRANSITION
PRAC-
TICES.—The development of innovative, effec-
tive, and efficient teaching methods and strate-
gies to ensure the smooth transition of students 
with disabilities from high school to postsec-
ondary education.’’; and 
(D) by inserting after subparagraph (C) 
(as redesignated by subparagraph (B) of this 
paragraph) the following new subparagraph: 
‘‘(D) DISTANCE LEARNING.—The develop-
ment of innovative, effective, and efficient 
teaching methods and strategies to provide fac-
ulty and administrators with the ability to pro-
vide accessible distance education programs or 
classes that would enhance access of students 
with disabilities to higher education, including 
the use of electronic communication for instruc-
tion 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 fol-
lows: 
‘‘(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 para-
graph (3) and inserting ‘‘; and’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(4) a description of the extent to which an in-
stitution 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 suc-
ceeding fiscal years’’.
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