In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: 67, and approved by 
Congress, allow for such further authorizations.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. ANNUAL REPORT.

    Section 3(f) of the National Science Foundation Act of 1950 (42 
U.S.C. 1862(f)) is amended to read as follows:
    ``(f) The Foundation shall provide an annual report to the 
President which shall be submitted by the Director to the Congress at 
the time of the President's annual budget submission. The report 
shall--
            ``(1) contain a strategic plan, or an update to a previous 
        strategic plan, which--
                    ``(A) defines for a three-year period the overall 
                goals for the Foundation and specific goals for each 
                major activity of the Foundation, including each 
                scientific directorate, the education directorate, and 
                the polar programs office; and
                    ``(B) describe how the identified goals relate to 
                national needs and will exploit new opportunities in 
                science and technology;
            ``(2) identify the criteria and describe the procedures 
        which the Foundation will use to assess progress toward 
        achieving the goals identified in accordance with paragraph 
        (1);
            ``(3) review the activities of the Foundation during the 
        preceding year which have contributed toward achievement of 
        goals identified in accordance with paragraph (1) and summarize 
        planned activities for the coming three years in the context of 
        the identified goals, with particular emphasis on the 
        Foundation's planned contributions to major multi-agency 
        research and education initiatives;
            ``(4) contain such recommendations as the Foundation 
        considers appropriate; and
            ``(5) include information on the acquisition and 
        disposition by the Foundation of any patents and patent 
        rights.''.

SEC. 202. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--The Director shall provide to Congress 
annually, as a part of the report required under section 3(f) of the 
National Science Foundation Act of 1950, a plan for the proposed 
construction of, and repair and upgrades to, national research 
facilities. The plan shall include estimates of the cost for such 
construction, repairs, and upgrades, and estimates of the cost for the 
operation and maintenance of existing and proposed new facilities. For 
proposed new construction and for major upgrades to existing 
facilities, the plan shall include funding profiles by fiscal year and 
milestones for major phases of the construction. The plan shall include 
cost estimates in the categories of construction, repair, and upgrades 
for the year in which the plan is submitted to Congress and for not 
fewer than the succeeding 4 years.
    (b) Limitation on Obligation of Unauthorized Appropriations.--No 
funds appropriated for any project which involves construction of new 
national research facilities or construction necessary for upgrading 
the capabilities of existing national research facilities shall be 
obligated unless the funds are specifically authorized for such purpose 
by this Act or any other Act which is not an appropriations Act, or 
unless the total estimated cost to the Foundation of the construction 
project is less than $50,000,000. This subsection shall not apply to 
construction projects approved by the National Science Board prior to 
June 30, 1994.

SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

    Section 203(b) of the Academic Research Facilities Modernization 
Act of 1988 is amended by striking the final sentence of paragraph (3) 
and inserting in lieu thereof the following: ``The Director shall give 
priority to institutions or consortia that have not received such funds 
in the preceding 5 years, except that this sentence shall not apply to 
previous funding received for the same multiyear project.''.

SEC. 204. ADMINISTRATIVE AMENDMENTS.

    (a) National Science Foundation Act of 1950 Amendments.--The 
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is 
amended--
            (1) by redesignating the subsection (k) of section 4 (42 
        U.S.C. 1863(k)) that was added by section 108 of the National 
        Science Foundation Authorization Act of 1988 as subsection (l);
            (2) in section 5(e) (42 U.S.C. 1864(e)) by amending 
        paragraph (2) to read as follows:
    ``(2) Any delegation of authority or imposition of conditions under 
paragraph (1) shall be promptly published in the Federal Register and 
reported to the Committees on Labor and Human Resources and Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.'';
            (3) by inserting ``be entitled to'' between ``shall'' and 
        ``receive'', and by inserting ``, including traveltime,'' after 
        ``Foundation'' in section 14(c) (42 U.S.C. 1873(c));
            (4) by striking section 14(j) (42 U.S.C. 1873(j)); and
            (5) by striking ``Atomic Energy Commission'' in section 
        15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof 
        ``Secretary of Energy''.
    (b) National Science Foundation Authorization Act, 1976 
Amendments.--Section 6(a) of the National Science Foundation 
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking 
``social,'' the first place it appears.
    (c) National Science Foundation Authorization Act of 1988 
Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science 
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is 
amended to read as follows:
            ``(v) from schools established outside the several States 
        and the District of Columbia by any agency of the Federal 
        Government for dependents of its employees.''.
    (2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is 
amended by striking ``Science and Engineering Education'' and inserting 
in lieu thereof ``Education and Human Resources''.
    (d) Education for Economic Security Act Amendments.--Section 107 of 
Education for Economic Security Act (20 U.S.C. 3917) is repealed.
    (e) Technical Amendment.--The second subsection (g) of section 3 of 
the National Science Foundation Act of 1950 is repealed.

SEC. 205. INDIRECT COSTS.

    (a) Matching Funds.--Matching funds required pursuant to section 
204(a)(2)(C) of the Academic Research Facilities Modernization Act of 
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities 
costs for purposes of determining indirect cost rates.
    (b) Report.--The Director of the Office of Science and Technology 
Policy, in consultation with other relevant agencies, shall prepare a 
report analyzing what steps would be needed to--
            (1) reduce by 10 percent the proportion of Federal 
        assistance to institutions of higher education that are 
        allocated for indirect costs; and
            (2) reduce the variance among indirect cost rates of 
        different institutions of higher education,
including an evaluation of the relative benefits and burdens of each 
option on institutions of higher education. Such report shall be 
transmitted to the Congress no later than December 31, 1995.
SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES.

    The Foundation shall incorporate the guidelines set forth in 
Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754, 
April 12, 1983), relating to the use and operation of Foundation-
supported research instrumentation and facilities, in its notice of 
Grant General Conditions, and shall examine more closely the adherence 
of grantee organizations to such guidelines.

SEC. 207. FINANCIAL DISCLOSURE.

    Persons temporarily employed by or at the Foundation shall be 
subject to the same financial disclosure requirements and related 
sanctions under the Ethics in Government Act of 1978 as are permanent 
employees of the Foundation in equivalent positions.

SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.

    In order to be eligible to receive funds from the Foundation after 
September 30, 1995, an institution of higher education must provide 
that whenever any student of the institution who is a member of the 
National Guard, or other reserve component of the Armed Forces of the 
United States, is called or ordered to active duty, other than active 
duty for training, the institution shall grant the member a military 
leave of absence from their education. Persons on military leave of 
absence from their institution shall be entitled, upon release from 
military duty, to be restored to the educational status they had 
attained prior to their being ordered to military duty without loss of 
academic credits earned, scholarships or grants awarded, or tuition and 
other fees paid prior to the commencement of the military duty. It 
shall be the duty of the institution to refund tuition or fees paid or 
to credit the tuition and fees to the next semester or term after the 
termination of the educational military leave of absence at the option 
of the student.
SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this Act shall be available for any 
activity whose purpose is to influence legislation pending before the 
Congress, provided that this shall not prevent officers or employees of 
the United States or of its departments or agencies from communicating 
to Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.
SEC. 210. SCIENCE STUDIES INSTITUTE.

    (a) Amendment.--Section 822 of the National Defense Authorization 
Act for Fiscal 1991 (42 U.S.C. 6686) is amended--
            (1) by striking ``Critical Technologies Institute'' in the 
        section heading and in subsection (a), and inserting in lieu 
        thereof ``Science Studies Institute'';
            (2) in subsection (b) by striking ``As determined by the 
        chairman of the committee referred to in subsection (c), the'' 
        and inserting in lieu thereof ``The'';
            (3) by striking subsection (c), and redesignating 
        subsections (d), (e), (f), and (g) as subsections (c), (d), 
        (e), and (f), respectively;
            (4) in subsection (c), as so redesignated by paragraph (3) 
        of this subsection--
                    (A) by inserting ``science and'' after 
                ``developments and trends in'' in paragraph (1);
                    (B) by striking ``with particular emphasis'' in 
                paragraph (1) and all that follows through the end of 
                such paragraph and inserting in lieu thereof ``and 
                developing and maintaining relevant informational and 
                analytical tools.'';
                    (C) by striking ``to determine'' and all that 
                follows through ``technology policies'' in paragraph 
                (2) and inserting in lieu thereof ``with particular 
                attention to the scope and content of the Federal 
                science and technology research and develop portfolio 
                as it affects interagency and national issues'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Initiation of studies and analysis of alternatives 
        available for ensuring the long-term strength of the United 
        States in the development and application of science and 
        technology, including appropriate roles for the Federal 
        Government, State governments, private industry, and 
        institutions of higher education in the development and 
        application of science and technology.'';
                    (E) by inserting ``science and'' after ``Executive 
                branch on'' in paragraph (4)(A); and
                    (F) by amending paragraph (4)(B) to read as 
                follows:
                    ``(B) to the interagency committees and panels of 
                the Federal Government concerned with science and 
                technology.'';
            (5) in subsection (d), as so redesignated by paragraph (3) 
        of this subsection, by striking ``subsection (d)'' and 
        inserting in lieu thereof ``subsection (c)''; and
            (6) by amending subsection (f), as so redesignated by 
        paragraph (3) of this subsection, to read as follows:
    ``(f) Sponsorship.--The Director of the Office of Science and 
Technology Policy shall be the sponsor of the Institute.''.
    (b) Conforming Usage.--All references in Federal law or regulations 
to the Critical Technologies Institute shall be considered to be 
references to the Science Studies Institute.
SEC. 211. EDUCATIONAL IMPACT.

    (a) Findings.--The Congress finds that--
            (1) Federal research funds made available to institutions 
        of higher education often create incentives for such 
        institutions to emphasize research over undergraduate teaching 
        and to narrow the focus of their graduate programs; and
            (2) National Science Foundation funds for Research and 
        Related Activities should be spent in the manner most likely to 
        improve the quality of undergraduate and graduate education in 
        institutions of higher education.
    (b) Educational Impact.--(1) The impact that a grant or cooperative 
agreement by the National Science Foundation would have on 
undergraduate and graduate education at an institution of higher 
education shall be a factor in any decision whether to award such grant 
or agreement to that institution.
    (2) Paragraph (1) shall be effective with respect to any grant or 
cooperative agreement awarded after September 30, 1996.
    (c) Report.--The Director shall provide a plan for the 
implementation of subsection (b) of this section, no later than 
December 31, 1995, to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Labor and Human Resources of the 
Senate.
SEC. 212. DIVISIONS OF THE FOUNDATION.

    (a) Amendment.--Section 8 of the National Science Foundation Act of 
1950 (42 U.S.C. 1866) is amended by inserting ``The Director may 
appoint, in consultation with the Board, not more than 6 Assistant 
Directors to assist in managing the Divisions.'' after ``time to time 
determine.''.
    (b) Report.--By November 15, 1995, the Director shall transmit to 
the Congress a report on the reorganization of the National Science 
Foundation required as a result of the amendment made by subsection 
(a).
SEC. 213. LIMITATION ON APPROPRIATIONS.

    (a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding 
any other provision of law, no sums are authorized to be appropriated 
for fiscal year 1996 for the activities of the National Science 
Foundation unless such sums are specifically authorized to be 
appropriated by this Act.
    (b) Subsequent Fiscal Years.--No sums are authorized to be 
appropriated for any fiscal year after fiscal year 1996 for the 
activities of the National Science Foundation unless such sums are 
specifically authorized to be appropriated by Act of Congress with 
respect to such fiscal year.

SEC. 214. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Director shall exclude from consideration for 
awards of financial assistance made by the National Science Foundation 
after fiscal year 1995 any person who received funds, other than those 
described in subsection (b), appropriated for a fiscal year after 
fiscal year 1995, from any Federal funding source for a project that 
was not subjected to a competitive, merit-based award process. Any 
exclusion from consideration pursuant to this section shall be 
effective for a period of 5 years after the person receives such 
Federal funds.
    (b) Exception.--Subsection (a) shall not apply to awards to persons 
who are members of a class specified by law for which assistance is 
awarded to members of the class according to a formula provided by law.
HR 1852 RH----2
[A]: TABLE OF CONTENTS: 
     Title I:  National Science Foundation Authorization 
     Title II:  General Provisions 
National Science Foundation Authorization Act of 1995 - 
Title I: National Science Foundation Authorization
 - Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997. 
(Sec. 104) Provides for reprogramming of appropriations. 
(Sec. 105) States that nothing in this Act shall preclude additional FY 1996 authorization of appropriations for NSF. 
Title II:  General Provisions
 - Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. 
(Sec. 202) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. 
(Sec. 203) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years. 
(Sec. 204) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act. 
(Sec. 206) Requires certain research instrumentation and facilities guidelines to be incorporated in NSF grant notices. 
(Sec. 207) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. 
(Sec. 208) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). 
(Sec. 209) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity. 
(Sec. 210) Renames the Critical Technologies Institute as the Science Studies Institute. 
(Sec. 211) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award. 
(Sec. 212) Authorizes the Director of NSF to appoint up to six Assistant Directors. 
(Sec. 214) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.)


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Renewable Energy Promotion 
Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Adaptive Management 
        and Environmental Fund established by section 3(c).
            (2) Marine renewable energy.--The term ``marine renewable 
        energy'' means energy from--
                    (A) waves, tides, and currents in oceans, 
                estuaries, and tidal areas;
                    (B) free flowing water in rivers, lakes, man made 
                channels, and streams; and
                    (C) differentials in ocean temperature or ocean 
                thermal energy conversion.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.

    (a) Research and Development Program.--
            (1) In general.--The Secretary shall establish a marine 
        renewable energy research and development program that is 
        focused on--
                    (A) developing new marine renewable energy 
                technologies;
                    (B) reducing the manufacturing and operation costs 
                of marine renewable energy technologies;
                    (C) increasing the reliability and survivability of 
                marine renewable energy facilities;
                    (D) integrating marine renewable energy into the 
                national electric grid;
                    (E) identifying opportunities for cross-pollination 
                and development of economies of scale between offshore 
                wind and marine renewable energy sources;
                    (F) identifying the environmental impacts of marine 
                renewable energy and ways to address any negative 
                impacts; and
                    (G)(i) applying advanced systems engineering and 
                system integration methods to identify critical 
                interfaces and develop open standards for marine 
                renewable energy;
                    (ii) transferring the resulting intellectual 
                property to industry stakeholders as public information 
                through published interface definitions, standards, and 
                demonstration projects; and
                    (iii) developing incentives for industry to comply 
                with the standards.
            (2) Administration.--The program established under 
        paragraph (1) shall be separate from any wind and hydropower 
        program carried out by the Secretary.
    (b) Marine-Based Energy Device Verification Program.--
            (1) Establishment.--The Secretary shall establish a marine-
        based energy device verification program to provide a bridge 
        from the wave, tidal, current, or thermal energy capture device 
        design and development efforts underway across the industry to 
        commercial deployment of marine renewable energy devices.
            (2) Purposes.--The purposes of the program are to fund, 
        facilitate the development and installation of, and evaluate 
        marine renewable energy projects, in partnership with the 
        Electric Power Research Institute, the National Renewable 
        Energy Laboratory, the Pacific Northwest National Laboratory 
        Marine Sciences Laboratory, and the Sandia National 
        Laboratories, and in conjunction with universities and other 
        institutions of higher education, private business entities, 
        and other appropriate organizations, in order--
                    (A) to increase marine renewable energy experience; 
                and
                    (B) to build and operate enough candidate devices 
                to obtain statistically significant operating and 
                maintenance data.
            (3) Objectives.--The objectives of the program include--
                    (A) verifying the performance, reliability, 
                maintainability, and cost of new marine renewable 
                energy device designs and system components in an 
                operating environment;
                    (B) providing States, regulators, utilities, and 
                other stakeholders with a valid opportunity to test and 
                evaluate marine renewable energy technology in new 
                areas;
                    (C) documenting and communicating the experience 
                from those projects for the benefit of utilities, 
                independent power producers, other nonutility 
                generators, device suppliers, and others in the marine 
                renewable energy development community; and
                    (D) resolving environmental issues through robust 
                characterization, reliable impact prediction, effective 
                monitoring, development and use of adaptive management, 
                and informing engineering design to improve 
                environmental performance.
    (c) Adaptive Management and Environmental Fund.--
            (1) Findings.--Congress finds that--
                    (A) the use of marine renewable energy technologies 
                can reduce contributions to global warming;
                    (B) marine renewable energy technologies can be 
                produced domestically;
                    (C) marine renewable energy is a nascent industry; 
                and
                    (D) the United States must work to promote new 
                renewable energy technologies that reduce contributions 
                to global warming gases and improve domestic energy 
                production.
            (2) Fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a revolving fund, to be 
                known as the ``Adaptive Management and Environmental 
                Fund'', consisting of such amounts as are appropriated 
                to the Fund under subsection (d).
                    (B) Expenditures from fund.--
                            (i) In general.--Subject to clause (ii), on 
                        request by the Secretary, the Secretary of the 
                        Treasury shall transfer from the Fund to the 
                        Secretary such amounts as the Secretary 
                        determines are necessary to provide grants to 
                        eligible entities to assist the entities in 
                        complying with Federal, State, or local 
                        regulatory permit requirements through 
                        assessment and demonstration of the 
                        environmental effects of marine renewable 
                        energy projects (including environmental 
                        studies, design, fabrication, deployment, 
                        operating, monitoring, environmental 
                        mitigation, and decommissioning costs).
                            (ii) Administrative expenses.--An amount 
                        not exceeding 10 percent of the amounts in the 
                        Fund shall be available for each fiscal year to 
                        pay the administrative expenses necessary to 
                        carry out this subsection.
                    (C) Transfers of amounts.--
                            (i) In general.--The amounts required to be 
                        transferred to the Fund under this paragraph 
                        shall be transferred at least monthly from the 
                        general fund of the Treasury to the Fund on the 
                        basis of estimates made by the Secretary of the 
                        Treasury.
                            (ii) Adjustments.--Proper adjustment shall 
                        be made in amounts subsequently transferred to 
                        the extent prior estimates were in excess of or 
                        less than the amounts required to be 
                        transferred.
            (3) Eligibility.--
                    (A) In general.--To be eligible for a grant under 
                this subsection, an entity shall provide to the 
                Secretary a regulatory permit that includes conditions 
                for the removal of the marine renewable energy project 
                supported by the grant if the permitting authority 
                finds that the marine renewable energy project has an 
                unacceptable adverse impact on the environment.
                    (B) Administration.--A marine renewable energy 
                project shall not be required to be removed in the 
                absence of a finding by the permitting authority that 
                the project has an unacceptable adverse impact.
            (4) Public availability.--The results of any assessment or 
        demonstration conducted under this subsection shall be made 
        available to the public, except to the extent that the 
        assessment or demonstration contains information that is 
        protected from disclosure under section 552(b) of title 5, 
        United States Code.
            (5) Audit requirements.--
                    (A) In general.--Any entity that receives a grant 
                under this subsection shall--
                            (i) track the use of grant funds from the 
                        Fund; and
                            (ii) certify annually to the Secretary that 
                        the grant funds were used only for purposes 
                        authorized under this subsection.
                    (B) Procedures.--The Secretary shall establish 
                procedures to ensure that the Secretary is able to 
                oversee and audit the use of funds by eligible 
                entities.
                    (C) Annual audits.--The Secretary shall conduct an 
                audit, at least annually, of the use of grant funds 
                received under this subsection by each eligible entity.
                    (D) Ineligibility.--The Secretary may declare an 
                entity ineligible for a grant under this subsection on 
                a finding of inappropriate use of funding.
            (6) Sunset provision.--
                    (A) Report.--The Secretary shall submit a report to 
                the appropriate committees of Congress if the Secretary 
                determines that the technologies and activities 
                supported under this subsection have achieved a level 
                of maturity that is sufficient to enable the program 
                authorized under this subsection to cease.
                    (B) Termination.--The program authorized under this 
                subsection and the Fund shall cease to exist effective 
                on the date of submission of a report described in 
                subparagraph (A).
            (7) Administration.--The Secretary may use amounts in the 
        Fund to provide assistance to State resource agencies that are 
        processing applications for permits required for marine 
        renewables projects that have received assistance from the Fund 
        to assist staff with understanding and evaluating applications 
        and participating in the applicable Federal Energy Regulatory 
        Commission or Minerals Management Service regulatory process.
            (8) Environmental requirement.--Nothing in this section 
        eliminates or otherwise affects any requirement imposed under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2010 through 2021.
[A]: Marine Renewable Energy Promotion Act of 2009 - Requires the Department of Energy (DOE) to establish a marine renewable energy research and development program, separate from any DOE wind and hydropower program, focused on: (1) developing new marine renewable energy technologies; (2) reducing the manufacturing and operation costs of such technologies; (3) increasing the reliability and survivability of marine renewable energy facilities; (4) integrating marine renewable energy into the national electric grid; (5) identifying opportunities for cross pollination and development of economies of scale between offshore wind and marine renewable energy sources; (6) identifying the environmental impacts of marine renewable energy and ways to address negative impacts; (7) applying advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine renewable energy; (8) transferring the resulting intellectual property to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (9) developing incentives for industry to comply with such standards.

Requires DOE to establish a marine-based energy device verification program to provide a bridge from the wave, tidal, current, or thermal energy capture device design and development efforts underway across the industry to commercial deployment of marine renewable energy devices. Sets forth as purpose of the Program to fund, facilitate the development and installation of, and evaluate marine renewable energy projects, in partnership with the Electric Power Research Institute, the National Renewable Energy Laboratory, the Pacific Northwest National Laboratory Marine Sciences Laboratory, and the Sandia National Laboratories in order to: (1) increase marine renewable energy experience; and (2) build and operate enough candidate devices to obtain statistically significant operating and maintenance data.

Establishes an Adaptive Management and Environmental Fund to provide grants for complying with requirements through assessment and demonstration of the environmental effects of marine renewable energy projects.


[Q]: 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.
[A]:
Graduate Opportunities in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise requirements for Graduate and Postsecondary Improvement Programs (title VII), and to reauthorize appropriations for some of such programs through FY 2009.

(Sec. 2) Revises the Jacob K. Javits fellowship program. Directs the Secretary of Education to give grant priority to institutions of higher education (IHEs) for fellowships to students in advanced linguistic studies and courses that prepare teachers to teach students with limited English proficiency. Permits IHEs to allow fellowship recipients an interruption of study due to active duty military service or a personal or family member illness. Revises requirements for allocation of fellowships. Directs the Secretary to ensure that one member of the fellowship board will be from a minority-serving institution. Reauthorizes appropriations through FY 2009.

(Sec. 3) Revises the program of graduate assistance in areas of national need. Directs the Secretary to give grant priority to IHEs to prepare mathematics, science and special education faculty who can train highly qualified mathematics, science, or special education teachers for service in elementary and secondary schools. Revises requirements relating to designation of areas of national need, stipends, and additional assistance. Reauthorizes appropriations through FY 2009.

(Sec. 4) Revises requirements for the Thurgood Marshall legal educational opportunity program. Revises activities for which the Council on Legal Education Opportunity (CLEO) is to use program contract and grant funds provided by the Secretary to include: (1) assisting students to develop analytical skills and study methods; and (2) awarding such fellowships to eligible law school students who either participated in summer institutes and are enrolled in an accredited law school or have successfully completed a comparable summer institute certified by CLEO. Revises types of program services to provide that undergraduate preparatory courses be in analytical skills and study methods. Reauthorizes appropriations through FY 2009.

(Sec. 5) Revises requirements for the Secretary's Fund for the Improvement of Postsecondary Education program contracts and grants. Authorizes consideration of applications for projects relating to: (1) the needs of nontraditional student populations; (2) distance education delivery through communications technology; and (3) expanded opportunities to enter and reenter postsecondary institutions and pursue study programs tailored to individual needs. Includes among special projects international partnerships with postsecondary institutions abroad. Reauthorizes appropriations through FY 2009.

Eliminates continuation awards under certain parts of title VII of HEA.

(Sec. 6) Eliminates the Urban Community Service program (part C of title VII of HEA).

(Sec. 7) Revises requirements for demonstration projects to ensure that students with disabilities receive a quality higher education. Includes among authorized project activities developing innovative, effective, and efficient teaching methods and strategies to: (1) ensure such students' smooth transition from high school to postsecondary education; and (2) enable faculty and administrators to provide accessible distance education programs or classes to enhance such students' access to higher education. Requires project grant applications to describe how the IHE will work to replicate the best practices of IHEs with demonstrated success in serving students with disabilities. Reauthorizes appropriations through FY 2009.