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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-307

======================================================================



 
         GRADUATE OPPORTUNITIES IN HIGHER EDUCATION ACT OF 2003

                                _______
                                

October 8, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Boehner, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3076]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 3076) to amend title VII of the Higher 
Education Act of 1965 to ensure graduate opportunities in 
postsecondary education, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 of 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''.

                                Purpose

    H.R. 3076, the Graduate Opportunities in Higher Education 
Act of 2003, amends title VII of the Higher Education Act 
(HEA), which provides support for graduate programs. H.R. 3076 
increases the efficiency and effectiveness of critical graduate 
programs including the Jacob K. Javits Fellowship Program, the 
Graduate Assistance in Areas of National Need (GAANN) Program, 
the Thurgood Marshall Legal Educational Opportunity Program, 
the Fund for the Improvement of Postsecondary Education (FIPSE) 
Program and the Demonstration Projects to Ensure Students with 
Disabilities Receive a Quality Higher Education Program. H.R. 
3076 will ensure these programs continue to serve graduate 
students and institutions of higher education with strong 
quality programs, and our nation with a well educated, prepared 
citizenry.

                            Committee Action


                             108TH CONGRESS

Subcommittee hearing

    On Tuesday, September 9, 2003, the Committee on Education 
and the Workforce, Subcommittee on Select Education, held a 
hearing in Washington, D.C. entitled ``Beyond Baccalaureate: 
Graduate Programs in the Higher Education Act.'' The purpose of 
this hearing was to provide an overview of the graduate 
programs authorized under title VII of the Higher Education Act 
(HEA) and to gather information about how these programs can be 
improved during the reauthorization. Witnesses included: Dr. 
Earl Lewis, Dean of the Graduate School, Rackham School of 
Graduate Studies, the University of Michigan, Ann Arbor, 
Michigan; Dr. William B. Allen, Department of Political 
Science, Michigan State University, East Lansing, Michigan; Mr. 
Daniel Hall, Vice President of University Relations, University 
of Louisville, Louisville, Kentucky; and Dr. Blandina Cardenas, 
Associate Professor and Dean of Education, University of Texas-
San Antonio, San Antonio, Texas.

Legislative action

    On September 11, 2003, Representatives Pete Hoekstra (R-
MI), John Boehner (R-OH), Howard P. ``Buck'' McKeon (R-CA), 
Johnny Isakson (R-GA), Patrick Tiberi (R-OH), Joe Wilson (R-
SC), and Tom Cole (R-OK) introduced H.R. 3076, the Graduate 
Opportunities in Higher Education Act of 2003, to reauthorize 
graduate education programs under title VII of the Higher 
Education Act through fiscal year 2009.
    On September 17, 2003, the Subcommittee on Select Education 
considered H.R. 3076 in legislative session during which an 
amendment in the nature of a substitute was offered and by 
unanimous consent accepted as the base text to which any 
amendments would be considered. The Subcommittee reported H.R. 
3076 favorably as amended to the Committee on Education and the 
Workforce by voice vote. The Subcommittee adopted the following 
amendments to H.R. 3076:
     Representative Hoekstra (R-MI) offered a 
substitute amendment that made technical and clarifying changes 
to the legislation, including the reinstatement of language 
that ensures qualified students receive Javits fellowship 
awards, regardless of Department of Education error.
    The Committee on Education and the Workforce considered 
H.R. 3076 during a legislative session on Thursday, September 
25, 2003, during which Representative Pete Hoekstra (R-MI) 
offered an amendment in the nature of a substitute. By 
unanimous consent, the substitute was accepted as the base text 
to which any amendments would be considered. The Committee 
adopted the following amendments to H.R. 3076:
     Representative Hoekstra (R-MI) offered a 
substitute amendment that made technical and clarifying changes 
to the legislation. The amendment included the addition of an 
authorized use of special project funds for FIPSE, which 
encourages the establishment of academic programs to train 
faculty to teach traditional American history. The substitute 
also moved the competitive priority for graduate work in second 
language pedagogy and second language acquisition, including 
the preparation of teachers who teach limited English 
proficient students, from the Javits program to the GAANN 
program.
     Representative Ehlers (R-MI) offered an amendment 
that was adopted by unanimous consent by the Committee. The 
amendment moves the GAANN competitive priority language to the 
section of title VII within which areas of national need and 
institutional eligibility are determined. This placement is 
more appropriate to the intent of the priority and aligns the 
determination of the Secretary with the actual disciplines to 
be considered. The amendment also requires that an applicant 
have a master's degree or be working toward a Ph.D. in math or 
science prior to receipt of the fellowship.
     Representative Holt (D-NJ) offered an amendment 
that was adopted by unanimous consent by the Committee. The 
amendment requires applicants for the GAANN program to include 
within that application, assurances that the department 
receiving the grant collaborates with departments, programs or 
units in all content areas to ensure a successful combination 
of training in both teaching and content areas.
     Representative Ryan (D-OH) and Representative 
Hoekstra (R-MI) offered an amendment that was adopted by 
unanimous consent by the Committee. The amendment would add an 
authorized activity in the special projects fund of the Fund 
for the Improvement of Postsecondary Education (FIPSE). The 
amendment allows FIPSE to include support for planning, 
research, training, and other services to be provided by 
institutions of highereducation in order to work with private 
and civic organizations to assist communities in addresing pressing and 
severe community problems.
    The Committee on Education and the Workforce, with a 
majority of the Committee present, favorably reported H.R. 3076 
as amended, to the House of Representatives by voice vote.
    Below is a summary of H.R. 3076.

                                Summary

    H.R. 3076 reauthorizes the Jacob K. Javits Fellowship 
program, the Graduate Assistance in the Areas of National Need 
(GAANN) program, the Thurgood Marshall Legal Educational 
Opportunity program, the Fund for the Improvement of 
Postsecondary Education (FIPSE) and the Demonstration Projects 
to Ensure Students with Disabilities Receive a Quality Higher 
Education Program provided for within title VII through FY 
2009.
    H.R. 3076 permits military personnel to interrupt Javits 
fellowship study when called to active duty, and requires the 
Javits fellowship board to include members from diverse 
geographic regions as well as at least one representative from 
a minority serving institution. H.R. 3076 aligns the stipends 
for Javits fellowships to the National Science Foundation (NSF) 
Graduate Research Fellowship program.
    Within the GAANN program, H.R. 3076 establishes a 
competitive priority for grants to those preparing math, 
science and special education faculty, as well as those 
preparing faculty to teach teachers of limited English 
proficient (LEP) individuals. The bill aligns the stipends for 
GAANN fellowships to the NSF Graduate Research Fellowship 
program. The Graduate Opportunities in Higher Education Act 
clarifies the grant authority within the Thurgood Marshall 
Program and encourages the recognition of innovative reform 
programs with the FIPSE program for non-traditional student 
populations. It also provides for special projects within FIPSE 
to include international partnerships with postsecondary 
institutions abroad; and encourages the establishment of 
academic programs that teach traditional American history. H.R. 
3076 repeals the Urban Community Service program.
    Finally, H.R. 3076 provides for new authority within the 
Demonstration Projects to Ensure Students with Disabilities 
Receive a Quality Higher Education Program to assist with 
students' transition between secondary and postsecondary 
education.

                            Committee Views

    As we enter the 21st Century, the need for advanced 
education is becoming increasingly more critical to 
successfully maintaining our place in a technologically 
advanced economy. Now, more than ever, our citizens are 
obtaining graduate degrees in order to gain more knowledge and 
expertise in their field of study.
    Graduate programs, while important for their role in higher 
education, also play an essential, yet often overlooked role in 
K-12 education. Graduate programs provide the education and 
training necessary for individuals to become faculty at 
institutions of higher education, who in turn, train the 
elementary and secondary teachers of tomorrow. The No Child 
Left Behind Act requires States to ensure that our teachers are 
highly qualified by the 2005-2006 school year. In order to 
accomplish this and ensure the nation's children receive the 
best education possible, Congress must ensure the faculties in 
our teacher colleges are prepared to meet this challenge.
    Elementary and secondary classrooms across the nation are 
facing teacher shortages in particular subject areas. Many 
States and schools are struggling to find highly qualified 
math, science and special education teachers. As our schools 
work to educate a rapidly growing population whose native 
language is not English, we need individuals specifically 
trained in teaching students with limited English proficiency 
(LEP). H.R. 3076 places a competitive priority on these subject 
areas to ensure that our investment in graduate education 
continues to improve education at all levels in America.
    The Committee commends the Secretary for identifying as the 
current areas of national need: biology, chemistry, computer 
and information sciences, engineering, geological and related 
sciences, math, and physics. It is estimated that more than 
half of the economic growth of the United States today results 
directly from research and development in science and 
technology. The effectiveness of the United States in promoting 
economic growth will be largely determined by the intellectual 
capital of the United States. Education is critical to 
developing this resource.
    Currently, a shortage exists of scientists, engineers and 
other technology-proficient workers. There are an estimated 
200,000 open positions for scientists, engineers and technology 
professionals. Unfortunately, the enrollment in both 
undergraduate and graduate mathematics, science, and 
engineering majors is lower than enrollment in most other 
majors, and the enrollment has been on the decline over the 
past decade.
    This declining enrollment affects the education of our 
prospective elementary and secondary mathematics and science 
teachers. Teachers provide the essential connection between 
students and the content they are learning. Student performance 
on the recent Third International Math and Science Study 
highlights the shortcomings of current K-12 science and 
mathematics education in the United States, particularly when 
compared to other countries. We must expect more from our 
nation's educators and students if we are to build on the 
accomplishments of previous generations. New methods of 
teaching mathematics and science are required, as well as 
better curricula and improved training of teachers.
    To achieve improved training of teachers, H.R. 3076 
requires the Secretary establish a competitive priority for 
grants under the Graduate Assistance in Areas of National Need 
(GAANN) program in order to prepare individuals for the 
professoriate who are committed to training highly-qualified 
elementary and secondary school teachers of mathematics and 
science. The Committee encourages the Secretary to provide 
priority to departments that engage in such activities, and 
encourages the Secretary to regard departments of mathematics 
and sciences, as well as departments of engineering, as 
departments that may provide such activities. Already, 
departments of engineering have demonstrated a focus in working 
collaboratively to prepare highly qualified elementary and 
secondary mathematics and science teachers.
    The Committee recognizes that a chronic and persistent 
shortage of special education faculty curtails the national 
capacity of colleges and universities to conduct research and 
prepare teachers who can effectively teach students with 
disabilities. The number of special education doctorates 
produced annually has decreased by 30 percent in the last 20 
years, according to the Higher Education Consortium for Special 
Education. About half of those with doctorates choose to work 
in higher education; the others work in leadership positions in 
settings such as local school systems. One significant 
consequence of the decline in the production of doctorates is 
the critical shortage of faculty specializing in educating 
children with special needs at institutions of higher 
education.
    The Committee is aware that the chronic and persistent 
shortage of special education teachers is exacerbated by the 
shortage of special education faculty in institutions of higher 
education. Without adequate faculty, there will be fewer 
qualified teachers and thus lower student achievement. Research 
has documented that students are more likely to have higher 
achievement when they are taught by qualified teachers, than 
when they are taught by unqualified teachers. As accountability 
for student achievement increases, the demand for qualified 
special education teachers will likewise increase.
    To achieve improved training of teachers, H.R. 3076 
requires the Secretary to establish a competitive priority for 
grants under the GAANN program in order to prepare individuals 
for the professorate who are committed to training highly-
qualified elementary and secondary school teachers that can 
effectively teach students with disabilities.
    The provisions of No Child Left Behind require closing the 
achievement gap that exists for the nation's 4.5 million 
limited English proficient children. There is an acute shortage 
of teachers prepared to teach these young students. The 
tremendous need for bilingual/English as a second language 
(ESL) teachers exists not only in states with traditionally 
large immigrant populations like California, Florida and Texas, 
but also on a national level and an increasing number of small 
towns and rural communities.
    Therefore, in order to ensure that students with limited 
English proficiency are instructed by teachers who are 
qualified to address the needs of this unique student 
population, H.R. 3076 requires the Secretary to establish a 
competitive priority for grants under the GAANN program in 
order to prepare individuals for the professoriate in fields 
such as second language pedagogy and second language 
acquisition who are committed to training highly-qualified 
elementary and secondary school teachers that can effectively 
teach limited English proficient students.
    Ensuring innovation, reform and outreach in higher 
education is essential in assisting institutions to meet their 
full potential and allowing their students to do the same. The 
Committee recognizes that many institutions of higher education 
possess tremendous resources in their facilities, faculty and 
student body, and often these resources are under-utilized 
outside of the traditional classroom. H.R. 3076 extends the 
opportunity for institutions of higher education to reach out 
to the communities in which they reside. By allowing the 
Secretary to include community outreach and involvement as an 
activity within the Fund for Improving Postsecondary Education 
(FIPSE), the special project authorization allows institutions 
of higher education to assist in meeting the pressing needs of 
the surrounding community, while providing an educational 
experience for students that will be unmatched in the 
classroom.
    In 2000, Congress unanimously passed a concurrent 
resolution (S. Con. Res. 129) stating, in part, that ``the 
historical illiteracy of America's college and university 
graduates is a serious problem * * *'' reflecting a failure to 
impart to students a basic understanding of the history, 
ideals, documents and institutions that have formed this nation 
and secured it the blessings of liberty. The Committee notes 
that the events of September 11, 2001 made these concerns even 
more compelling. The ideals, institutions, key documents, and 
history on which our Republic stands need to be understood if 
they are to be sustained in times of trial.
    This issue was most recently highlighted in a hearing 
conducted by the Subcommittee on Select Education, on September 
9, 2003. At that hearing, Dr. William Barclay Allen, Professor 
of Political Philosophy and Director of the Program in Public 
Policy and Administration at Michigan State University, spoke 
of the impact of the disappearance of university requirements 
in traditional American history and western civilization:

          A direct consequence of this trend has been an 
        erosion of the training of professors (and therefore K-
        12 teachers) to preserve broad familiarity with facts, 
        texts, and significant dates affecting our civic 
        existence. A targeted response to this situation, 
        cutting across disciplinary distinctions, will 
        meaningfully strengthen the academy's ability to play a 
        central role in fostering content mastery regarding the 
        significant moral, constitutional, political, 
        intellectual, economic, cultural, and international 
        influences revealed through American history.

    In response to this concern, H.R. 3076 includes an 
important amendment to the FIPSE program. Specifically, 
language was added identifying the expansion of academic 
programs focused on traditional American history as an area of 
``national need.'' It is the intent of the Committee that this 
authority be used for reinvigorating majors and graduate 
programs in these fields, thus creating a new pipeline for 
producing the scholars and teachers needed to staff these 
fields at the graduate and undergraduate levels and in teacher 
training programs.
    By including the establishment of academic programs in 
support of research and the development of teaching materials 
for teaching traditional American history, students and faculty 
may once again ensure the values and history of the United 
States are learned, remembered and passed on to future 
generations. H.R. 3076 will go a long way in bringing back the 
relevance of teaching this important topic and ensure it is 
done comprehensively.
    In this reauthorization, the Committee feels strongly that 
the importance of graduate education overall should not be 
overlooked. Dr. Earl Lewis, Dean of the Rackham Graduate 
School, Vice Provost for Academic Affairs for Graduate Studies, 
and Professor of History at the University of Michigan 
expressed his support for graduate education programs before 
the Subcommittee on Select Education:

          Graduate education prepares the scientists and 
        engineers needed by industry, government, and 
        universities to conduct the nation's research and 
        development. Graduate programs also educate the 
        scholars in the humanities, social sciences, and the 
        arts who preserve and enlarge our understanding of the 
        history and scope of human thought and the human 
        condition, and transmit that knowledge to succeeding 
        generations. Moreover, graduate programs at our 
        nation's universities generate new knowledge and act as 
        incubators of innovative ideas that drive new 
        technologies and create new ways to address societal, 
        health, security, and economic needs and challenges.

    As Congress continues its work on the reauthorization of 
the Higher Education Act, it must continue to build on the 
demonstrated success of these valuable graduate programs. These 
programs, and the amendments made within H.R. 3076, will 
prepare the next generation of scientists, scholars and 
teachers and ensure the support and effectiveness of these 
programs.

                      Section-by-Section Analysis


                               SECTION 1

    States the short title as the ``Graduate Opportunities in 
Higher Education Act of 2003.''

                               SECTION 2

    Amends Section 701(c) by allowing institutions of higher 
education to grant fellowship recipients an interruption of 
study due to active duty military service or a personal or 
family member illness.
    Amends Section 702(a)(1) with regard to the allocation of 
fellowships within the Jacob K. Javits program and by requiring 
the Secretary to ensure that one member of the fellowship board 
will be from a minority serving institution.
    Amends Section 703 with regard to stipends.
    Amends Section 705 with regard to the authorization of 
appropriations.

                               SECTION 3

    Amends Section 712(b) pertaining to the designation of 
areas of national need.
    Amends Section 712 by inserting subsection (c) which 
requires the Secretary to provide a priority for grants to 
institutions that prepare math, science and special education 
faculty who can train highly qualified math, science or special 
education teachers for service in elementary and secondary 
schools. The Secretary is also authorized to provide a priority 
for grants to institutions for graduate study related to 
teacher preparation and pedagogy in special education and 
English language acquisition and academic proficiency for 
limited English proficient individuals.
    Amends 713(b) by requiring institutional grantees that 
apply for grants, to assure in their application that they are 
working in collaboration with all content areas at the 
institutional level.
    Amends Section 714(b) with regard to stipends.
    Amends Section 714(c) by making technical amendments.
    Amends Section 715(a)(1) concerning additional assistance.
    Amends Section 716 with regard to the authorization of 
appropriations.

                               SECTION 4

    Amends Section 721(c) pertaining to contract and grant 
purposes for the Thurgood Marshall Legal Educational 
Opportunity program.
    Amends Section 721(d)(1)(D) with regard to services 
provided.
    Amends Section 721(h) which pertains to the authorization 
of appropriations.
    Amends Section 731 by repealing subsection (e).

                               SECTION 5

    Amends Section 741 by authorizing the Secretary to consider 
applications for grants that recognize the needs of non-
traditional student populations.
    Amends Section 744(c) to clarify special projects may 
include international partnerships with postsecondary 
institutions abroad; encourages the establishment of academic 
programs that teach traditional American history; and contains 
provisions that will assist institutions in meeting community 
problems and supporting economic development and other 
programs.
    Amends Section 745 with regard to the authorization of 
appropriations.

                               SECTION 6

    Amends title VII by repealing Part C, Urban Community 
Service program.

                               SECTION 7

    Amends Section 762 by allowing grantees to assist students 
with disabilities with the transition between secondary and 
postsecondary education and to use funds to develop innovative, 
effective and efficient distance education programs that would 
enhance access of students with disabilities to postsecondary 
education programs.
    Amends Section 763 by requiring the application to include 
a description of how the institution will work to replicate the 
best practices of institutions of higher education with 
demonstrated success in serving students with disabilities.
    Amends Section 765 with regard to the authorization of 
appropriations.

                       Explanation of Amendments

    The Amendment in the Nature of a Substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 3076, the ``Graduate Opportunities in Higher 
Education Act of 2003,'' amends title VII of the Higher 
Education Act (HEA), which provides support for graduate 
programs. H.R. 3076 increases the efficiency and effectiveness 
of critical graduate programs including the Jacob K. Javits 
Fellowship Program, the Graduate Assistance in Areas of 
National Need (GAANN) Program, the Thurgood Marshall Legal 
Educational Opportunity Program, the Fund for the Improvement 
of Postsecondary Education (FIPSE) Program and the 
Demonstration Projects to Ensure Students with Disabilities 
Receive a Quality Higher Education Program. H.R. 3076 will 
ensure these programs continue to serve graduate students and 
institutions of higher education with strong quality programs, 
and our nation with a well educated, prepared citizenry. This 
bill does not prevent legislative branch employees from 
receiving the benefits of this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. H.R. 3076, the Graduate Opportunities in Higher 
Education Act of 2003, amends title VII of the Higher Education 
Act (HEA), which provides support for discretionary funded 
graduate programs. As such, the bill does not contain any 
unfunded mandates.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the body of this report.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of 3(c)(3) of rule XIII of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 3076 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2003.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3076, the Graduate 
Opportunities in Higher Education Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah 
Kalcevic.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3076--Graduate Opportunities in Higher Education Act of 2003

    Summary: H.R. 3076 authorize programs under title VII of 
the Higher Education Act. These programs are currently 
authorized through 2004 by the General Education Provisions Act 
(GEPA), and H.R. 3076 would reauthorize them through 2009. The 
bill also would repeal the Urban Community Service program, 
which is currently authorized but has not received funding 
since 1999.
    CBO estimates that authorizations under the bill would 
total $120 million in 2004 and about $758 million over the 
2004-2009 period, assuming that annual levels are adjusted for 
inflation. (Without such inflation adjustments, the 
authorizations would total about $720 million over the 2004-
2009 period.) CBO estimates that appropriations at the 
estimated levels would result in outlays of $585 million over 
the 2004-2009 period, assuming annual adjustments for 
inflation. (Outlays would be about $563 million without 
adjustments for inflation.) Enacting H.R. 3076 would not affect 
direct spending or receipts.
    H.R. 3076 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The grants authorized by the bill would benefit state, local, 
and tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3076, with inflation adjustments for 
the various components of each title of the bill, is shown in 
the following table. The costs of this legislation fall within 
budget function 500 (education, training, employment, and 
social services).

----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, in millions of dollars--
                                                  --------------------------------------------------------------
                                                     2003     2004     2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorizations in H.R. 3076:
    Javits Fellowships Program:
        Estimated Authorization Level............        0       30       31       31       32       33       33
        Estimated Outlays........................        0        2       22       28       31       32       32
    Graduate Assistance in Areas of National
     Need:
        Estimated Authorization Level............        0       35       36       36       37       38       39
        Estimated Outlays........................        0        2       26       32       36       37       38
    Thurgood Marshall Legal Education
     Opportunities:
        Estimated Authorization Level............        0        5        5        5        5        5        6
        Estimated Outlays........................        0        *        4        5        5        5        5
    Funds for the Improvement of Post-Secondary
     Education:
        Estimated Authorization Level............        0       40       41       42       43       43       44
        Estimated Outlays........................        0        2       29       37       41       42       43
    Demonstration Projects for Students With
     Disabilities:
        Estimated Authorization Level............        0       10       10       10       11       11       11
        Estimated Outlays........................        0        1        7        9       10       11       11
    Total Authorizations in H.R. 3076:
        Estimated Authorization Level............        0      120      122      125      128      130      133
        Estimated Outlays........................        0        6       88      111      124      127      130
Less: Amounts Authorized for 2004 Under Current
 Law:
    Authorization Level \1\......................     n.a.      224        0        0        0        0        0
    Estimated Outlays............................     n.a.       11      152       40       20        0        0
Total Proposed Changes:
    Estimated Authorization Level................        0     -104      122      125      128      130      133
    Estimated Outlays............................        0       -5      -64       71      104      127      130

                    Memorandum

Total Spending for Title VII of the Higher
 Education Act Under H.R. 3076:
    Budget Authority/Estimated Authorization           224      120      122      125      128      130      133
     Level \1\...................................
    Estimated Outlays \2\........................      216      218      149      131      124      127     130
----------------------------------------------------------------------------------------------------------------
1. The 2003 level is the amount appropriated that year. Under the General Education Provisions Act (GEPA), the
  affected programs were automatically authorized for 2004 at the 2003 appropriation.
2. Includes outlays from appropriations provided in 2003 and prior years.
Notes.--Components may not sum to totals because of rounding. * = Less than $500,000. n.a. = not applicable.


    Basis of estimate: H.R. 3076 would reauthorize programs 
under title VII of the Higher Education Act for the 2004-2009 
period. These programs would have expired at the end of fiscal 
year 2003, except for the automatic one-year extension provided 
by GEPA. The bill also would repeal the authorization for the 
Urban Community Service program.
    Each of the authorizations is a specific amount for 2004 
and such sums as may be necessary through 2009. The bill would 
authorize total appropriations of $120 million in 2004, $104 
million less than the amounts authorized under GEPA for 2004. 
CBO estimates that this bill would authorize total funding of 
$758 million over the 2004-2009 period, assuming that funding 
for the ``such sums'' authorizations specified for years after 
2004 is provided at the authorized levels for 2004 adjusted for 
inflation. The outlays from such appropriations would total $6 
million in 2004 and $585 million over the six-year period. The 
estimated outlays reflect historical rates of spending for the 
affected programs.

Javits Fellowship program

    H.R. 3076 would revise and reauthorize the Javits 
Fellowships program. The program provides financial support for 
highly talented students pursuing advanced degrees. It gives 
fellows stipends to cover living expenses and payments to the 
degree-granting institution to cover tuition and other 
expenses. In 2002, the program supported 331 fellows at an 
average cost of about $30,200.
    The bill would authorize $30 million in 2004-$20 million 
above the GEPA authorized level--and such sums as may be 
necessary for years 2005 through 2009. CBO estimates the total 
authorization for the 2004-2009 period would be about $190 
million, assuming adjustments for inflation, with resulting 
outlays of $146 million over those six years. The program was 
funded at $10 million in 2003.

Graduate Assistance in Areas of National Need

    The bill would authorize appropriations for the Graduate 
Assistance in Areas of National Need program through 2009. The 
program supplies postsecondary institutions with three-year 
grants to support graduate students with superior ability who 
are studying in areas of national needs. To participate, the 
educational institutions must match 25 percent of the federal 
grant amount. In 2002, the areas of need designated were the 
basic sciences, mathematics, engineering, and computer and 
information sciences. That year the program funded 1,072 
fellows at an average cost of $29,000.
    The bill would reauthorize the program at $35 million in 
2004--$4 million above the GEPA authorization--and such sums as 
may be necessary for each of the following five years. For this 
program, CBO estimates the total authorization for the 2004-
2009 period would be $221 million, assuming adjustments for 
inflation, with resulting outlays of $171 million over those 
six years. The 2003 appropriation for the program was $31 
million.

Thurgood Marshall Legal Educational Opportunities

    H.R. 3076 would reauthorize the Thurgood Marshall Legal 
Educational Opportunities program through 2009. Under the 
program, the Secretary of Education is authorized to grant a 
single award to the Council on Legal Education Opportunity to 
administer the program, which is designed to provide 
information and assistance regarding law school study to 
minority, low-income, or disadvantaged students.
    The bill would authorize the program at $5 million in 
2004--the same level as authorized under GEPA--and such sums as 
may be necessary for the next five years. The total estimated 
authorization for the 2004-2009 period would amount to $32 
million and, assuming the funds would be appropriated, result 
in additional outlays of $24 million. The program received an 
appropriation of $5 million in 2003.

Funds for the Improvement of Postsecondary Education

    The bill would extend the authorization of the Funds for 
the Improvement of Postsecondary Education (FIPSE) program 
through 2009. The program currently supports two major grant 
programs: the comprehensive program and the international 
consortia program. The comprehensive program provides support 
for activities that address practices in postsecondary 
education rather than basic research. The international 
consortia program encourages the exchange of student and 
faculty among postsecondary institutions from other countries. 
In addition, the Congress regularly adds grants to specific 
schools.
    H.R. 3076 would extend the FIPSE authorization at $40 
million in 2004 and such sums as may be necessary through 2009. 
The authorization for 2004 is $131 million below the 
appropriation for 2003, which included $140 million for 
specific grants to postsecondary institutions. CBO estimates 
that the bill would authorize appropriations totaling $253 
million over the 2004-2009 period, the resulting outlays would 
amount to $195 million over that period.

Urban Community Service program

    H.R. 3076 would repeal the authorization for the Urban 
Community Service program. Although the program was first 
authorized at $20 million for 1999 and such sums as may be 
necessary for the next four years, its only funding was an 
appropriation of $4.6 million in 1999.

Demonstration projects for students with disabilities

    The bill would continue the authority of the Secretary of 
Education to support demonstration projects that are models for 
reform and improvement of postsecondary education with a focus 
on students with disabilities. The research areas include 
teaching and learning productivity, professional development, 
and students' access, retention, and completion of higher 
education.
    H.R. 3076 would authorize appropriations of $10 million for 
the demonstration projects in 2004--$3 million more than the 
amount authorized under GEPA--and such sums as may be necessary 
through 2009. These authorizations are estimated to total $63 
million over the 2004-2009 period, and result in outlays of $49 
million. The appropriation for the demonstration projects in 
2003 was $7 million.
    Intergovernmental and private-sector impact: H.R. 3076 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit state, local, and 
tribal governments because public and tribal higher educational 
institutions would be eligible for grants authorized under the 
bill. Any costs incurred by state, local, or tribal governments 
would result from complying with the grant conditions.
    Estimate prepared by: Federal Costs: Deborah Kalcevic. 
Impact on State, Local, and Tribal Governments: Sarah Puro. 
Impact on the Private Sector: Nabeel Alsalam.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House Rule XIII, the 
goal of H.R. 3076 is to provide support for graduate programs 
under the Higher Education Act. H.R. 3076 increases the 
efficiency and effectiveness of critical graduate programs 
including the Jacob K. Javits Fellowship Program, the Graduate 
Assistance in Areas of National Need (GAANN) Program, the 
Thurgood Marshall Legal Educational Opportunity Program, the 
Fund for the Improvement of Postsecondary Education (FIPSE) 
Program and the Demonstration Projects to Ensure Students with 
Disabilities Receive a Quality Higher Education Program. H.R. 
3076 will ensure these programs continue to serve graduate 
students and institutions of higher education with strong 
quality programs, and our nation with a well educated, prepared 
citizenry. The Committee expects the Department of Education to 
comply with H.R. 3076 and implement the changes to the law in 
accordance with the changes.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress in the 
Constitution to enact the law proposed by H.R. 3076. The 
Committee believes that the amendments made by this bill, which 
authorize appropriations for education assistance, are within 
Congress' authority under Article I, section 8, clause 1 of the 
Constitution.

                           Committee Estimate

    Clauses 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3076. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

HIGHER EDUCATION ACT OF 1965

           *       *       *       *       *       *       *



       TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

                  PART A--GRADUATE EDUCATION PROGRAMS

             Subpart 1--Jacob K. Javits Fellowship Program

SEC. 701. AWARD OF JACOB K. JAVITS FELLOWSHIPS.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Interruptions of Study.--The institution of higher 
education may allow a fellowship recipient to interrupt periods 
of study for a period not to exceed 12 months for the purpose 
of work, travel, or independent study away from the campus, if 
such independent study is supportive of the fellowship 
recipient's academic program and shall continue payments for 
those 12-month periods during which the student is pursuing 
travel or independent study supportive of the recipient's 
academic program. 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.

           *       *       *       *       *       *       *


SEC. 702. ALLOCATION OF FELLOWSHIPS.

  (a) Fellowship Board.--
          (1) Appointment.--The Secretary shall appoint a Jacob 
        K. Javits Fellows Program Fellowship Board (hereinafter 
        in this subpart referred to as the ``Board'') 
        consisting of 9 individuals representative of both 
        public and private institutions of higher education 
        from diverse geographic regions who are especially 
        qualified to serve on the Board. In making 
        appointments, the Secretary shall give due 
        consideration to the appointment of individuals who are 
        highly respected in the academic community. The 
        Secretary shall assure that individuals appointed to 
        the Board are broadly representative of a range of 
        disciplines in graduate education in arts, humanities, 
        and social sciences. 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.

           *       *       *       *       *       *       *


SEC. 703. STIPENDS.

  (a) Award by Secretary.--The Secretary shall pay to 
individuals awarded fellowships under this subpart such 
stipends as the Secretary may establish, reflecting the purpose 
of this program to encourage highly talented students to 
undertake graduate study as described in this subpart. In the 
case of an individual who receives such individual's first 
stipend under this subpart in academic year [1999-2000] 2004-
2005 or any succeeding academic year, such stipend [shall be 
set] may be set at a level of support equal to that provided by 
the National Science [Foundation graduate fellowships] 
Foundation Graduate Research Fellowship Program, except such 
amount shall be adjusted as necessary so as not to exceed the 
fellow's demonstrated level of need determined in accordance 
with part F of title IV.
  (b) Institutional Payments.--
          [(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 1999-2000 and succeeding 
        academic years, the same amount as the institutional 
        payment made for 1998-1999 under section 933(b) (as 
        such section was in effect on the day before the date 
        of enactment of the Higher Education Amendments of 
        1998) adjusted for 1999-2000 and annually thereafter in 
        accordance with inflation as determined by the 
        Department of Labor's Consumer Price Index for the 
        previous calendar year.]
          (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.

           *       *       *       *       *       *       *


SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated $30,000,000 for 
[fiscal year 1999 and such sums as may be necessary for each of 
the 4 succeeding fiscal years] fiscal year 2004 and such sums 
as may be necessary for each of the 5 succeeding fiscal years 
to carry out this subpart.

Subpart 2--Graduate Assistance in Areas of National Need

           *       *       *       *       *       *       *


SEC. 712. INSTITUTIONAL ELIGIBILITY.

  (a)  * * *

           *       *       *       *       *       *       *

  (b) Designation of Areas of National Need.--After 
consultation with appropriate Federal and nonprofit agencies 
and organizations, the Secretary shall designate areas of 
national need. In making such designations, the Secretary shall 
take into account the extent to which the interest in the area 
is compelling, the extent to which other Federal programs 
support postbaccalaureate study in the area concerned, [and an 
assessment] an assessment of how the program could achieve the 
most significant impact with available resources, and the 
priority described in subsection (c) of this section.
  (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.

           *       *       *       *       *       *       *


SEC. 713. CRITERIA FOR APPLICATIONS.

  (a)  * * *

           *       *       *       *       *       *       *

  (b) Contents of Applications.--An academic department, 
program or unit of an institution of higher education, in the 
department, program or unit's application for a grant, shall--
          (1)  * * *

           *       *       *       *       *       *       *

          (9) provide assurances that the academic department 
        will provide at least 1 year of supervised training in 
        instruction for students; [and]
          (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
          [(10)] (11) include such other information as the 
        Secretary may prescribe.

SEC. 714. AWARDS TO GRADUATE STUDENTS.

  (a)  * * *

           *       *       *       *       *       *       *

  (b) Amount of Stipends.--The Secretary shall make payments to 
institutions of higher education for the purpose of paying 
stipends to individuals who are awarded fellowships under this 
subpart. The stipends the Secretary establishes shall reflect 
the purpose of the program under this subpart to encourage 
highly talented students to undertake graduate study as 
described in this subpart. In the case of an individual who 
receives such individual's first stipend under this subpart in 
academic year [1999-2000] 2004-2005 or any succeeding academic 
year, such stipend [shall be set] may be set at a level of 
support equal to that provided by the National Science 
[Foundation graduate fellowships] Foundation Graduate Research 
Fellowship Program, except such amount shall be adjusted as 
necessary so as not to exceed the fellow's demonstrated level 
of need as determined under part F of title IV.
  (c) Treatment of Institutional Payments.--An institution of 
higher education that makes institutional payments for tuition 
and fees on behalf of individuals supported by fellowships 
under this subpart in amounts that exceed the institutional 
payments made by the Secretary pursuant to [section 716(a)] 
section 715(a) may count such excess toward the amounts the 
institution is required to provide pursuant to [section 
714(b)(2)] section 713(b)(2).

           *       *       *       *       *       *       *


SEC. 715. ADDITIONAL ASSISTANCE FOR COST OF EDUCATION.

  (a) Institutional Payments.--
          (1) In general.--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 paragraph (2), such allowance shall be, for 
        [1999-2000] 2004-2005 and succeeding academic years, 
        the same amount as the institutional payment made for 
        [1998-1999] 2003-2004 adjusted annually thereafter in 
        accordance with inflation as determined by the 
        Department of Labor's Consumer Price Index for the 
        previous calendar year.

           *       *       *       *       *       *       *


SEC. 716. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated $35,000,000 for 
[fiscal year 1999 and such sums as may be necessary for each of 
the 4 succeeding fiscal years] fiscal year 2004 and such sums 
as may be necessary for each of the 5 succeeding fiscal years 
to carry out this subpart.

   Subpart 3--Thurgood Marshall Legal Educational Opportunity Program

SEC. 721. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Contract or Grant Authorized.--The Secretary is 
authorized to enter into a contract with, or make a grant to, 
the Council on Legal Education Opportunity, for a period of not 
less than 5 years--
          (1)  * * *
          [(2) to prepare such students for study at accredited 
        law schools;]
          (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;

           *       *       *       *       *       *       *

          (4) to provide support services to such students who 
        are first-year law students to improve retention and 
        success in law school studies; [and]
          (5) to motivate and prepare such students with 
        respect to law school studies and practice in low-
        income communities[.]; and
          (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.
  (d) Services Provided.--In carrying out the purposes 
described in subsection (c), the contract or grant shall 
provide for the delivery of services through prelaw information 
resource centers, summer institutes, midyear seminars, and 
other educational activities, conducted under this section. 
Such services may include--
          (1) information and counseling regarding--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (D) undergraduate preparatory courses in 
                analytical skills and study methods and 
                curriculum selection;

           *       *       *       *       *       *       *

  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $5,000,000 for fiscal 
year [1999 and each of the 4 succeeding fiscal years] 2004 and 
each of the 5 succeeding fiscal years.

                     Subpart 4--General Provisions

SEC. 731. ADMINISTRATIVE PROVISIONS FOR SUBPARTS 1, 2, AND 3.

  (a)  * * *

           *       *       *       *       *       *       *

  [(e) Continuation Awards.--The Secretary, using funds 
appropriated to carry out subparts 1 and 2, and before awarding 
any assistance under such parts to a recipient that did not 
receive assistance under part C or D of title IX (as such parts 
were in effect prior to the date of enactment of the Higher 
Education Amendments of 1998) shall continue to provide funding 
to recipients of assistance under such part C or D (as so in 
effect), as the case may be, pursuant to any multiyear award of 
such assistance.]

      PART B--FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION

SEC. 741. FUND FOR THE IMPROVEMENT OF POSTSECONDARY 
                    EDUCATION.

  (a) Authority.--The Secretary is authorized to make grants 
to, or enter into contracts with, institutions of higher 
education, combinations of such institutions, and other public 
and private nonprofit institutions and agencies, to enable such 
institutions, combinations, and agencies to improve 
postsecondary education opportunities by--
          [(1) encouraging the reform, innovation, and 
        improvement of postsecondary education, and providing 
        equal educational opportunity for all;]
          (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) the creation of institutions, programs, and joint 
        efforts involving paths to career and professional 
        training, and combinations of academic and experiential 
        learning for postsecondary students, especially those 
        that provide academic credit for programs;
          [(3) the establishment of institutions and programs 
        based on the technology of communications;]
          (3) the establishment of institutions and programs 
        based on the technology of communications, including 
        delivery by distance education;

           *       *       *       *       *       *       *

          [(6) the introduction of institutional reforms 
        designed to expand individual opportunities for 
        entering and reentering institutions and pursuing 
        programs of study tailored to individual needs;]
          (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;

           *       *       *       *       *       *       *


SEC. 744. SPECIAL PROJECTS.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Areas of National Need.--Areas of national need shall 
initially include, but shall not be limited to, the following:
          (1)  * * *

           *       *       *       *       *       *       *

          [(4) International cooperation and student exchange 
        among postsecondary educational institutions.]
          (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.

SEC. 745. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
part [$30,000,000 for fiscal year 1999 and such sums as may be 
necessary for each of the 4 succeeding fiscal years] 
$40,000,000 for fiscal year 2004 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.

           *       *       *       *       *       *       *


                    [PART C--URBAN COMMUNITY SERVICE

[SEC. 751. FINDINGS.

  [The Congress finds that--
          [(1) the Nation's urban centers are facing 
        increasingly pressing problems and needs in the areas 
        of economic development, community infrastructure and 
        service, social policy, public health, housing, crime, 
        education, environmental concerns, planning and work 
        force preparation;
          [(2) there are, in the Nation's urban institutions, 
        people with underutilized skills, knowledge, and 
        experience who are capable of providing a vast range of 
        services toward the amelioration of the problems 
        described in paragraph (1);
          [(3) the skills, knowledge and experience in these 
        urban institutions, if applied in a systematic and 
        sustained manner, can make a significant contribution 
        to the solution of such problems; and
          [(4) the application of such skills, knowledge and 
        experience is hindered by the limited funds available 
        to redirect attention to solutions to such urban 
        problems.

[SEC. 752. PURPOSE; PROGRAM AUTHORIZED.

  [(a) Purpose.--It is the purpose of this part to provide 
incentives to urban academic institutions to enable such 
institutions to work with private and civic organizations to 
devise and implement solutions to pressing and severe problems 
in their communities.
  [(b) Program Authorized.--The Secretary is authorized to 
carry out a program of providing assistance to eligible 
institutions to enable such institutions to carry out the 
activities described in section 754 in accordance with the 
provisions of this part.

[SEC. 753. APPLICATION FOR URBAN COMMUNITY SERVICE GRANTS.

  [(a) Application.--
          [(1) In general.--An eligible institution seeking 
        assistance under this part shall submit to the 
        Secretary an application at such time, in such form, 
        and containing or accompanied by such information and 
        assurances as the Secretary may require by regulation.
          [(2) Contents.--Each application submitted pursuant 
        to paragraph (1) shall--
                  [(A) describe the activities and services for 
                which assistance is sought; and
                  [(B) include a plan that is agreed to by the 
                members of a consortium that includes, in 
                addition to the eligible institution, one or 
                more of the following entities:
                          [(i) A community college.
                          [(ii) An urban school system.
                          [(iii) A local government.
                          [(iv) A business or other employer.
                          [(v) A nonprofit institution.
          [(3) Waiver.--The Secretary may waive the consortium 
        requirements described in paragraph (2) for any 
        applicant who can demonstrate to the satisfaction of 
        the Secretary that the applicant has devised an 
        integrated and coordinated plan which meets the purpose 
        of this part.
  [(b) Priority in Selection of Applications.--The Secretary 
shall give priority to applications that propose to conduct 
joint projects supported by other local, State, and Federal 
programs. In addition, the Secretary shall give priority to 
eligible institutions submitting applications that demonstrate 
the eligible institution's commitment to urban community 
service.
  [(c) Selection Procedures.--The Secretary shall, by 
regulation, develop a formal procedure for the submission of 
applications under this part and shall publish in the Federal 
Register an announcement of that procedure and the availability 
of funds under this part.

[SEC. 754. ALLOWABLE ACTIVITIES.

  [Funds made available under this part shall be used to 
support 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 assist urban communities to meet and 
address their pressing and severe problems, such as the 
following:
          [(1) Work force preparation.
          [(2) Urban poverty and the alleviation of such 
        poverty.
          [(3) Health care, including delivery and access.
          [(4) Underperforming school systems and students.
          [(5) Problems faced by the elderly and individuals 
        with disabilities in urban settings.
          [(6) Problems faced by families and children.
          [(7) Campus and community crime prevention, including 
        enhanced security and safety awareness measures as well 
        as coordinated programs addressing the root causes of 
        crime.
          [(8) Urban housing.
          [(9) Urban infrastructure.
          [(10) Economic development.
          [(11) Urban environmental concerns.
          [(12) Other problem areas which participants in the 
        consortium described in section 753(a)(2)(B) concur are 
        of high priority in the urban area.
          [(13)(A) Problems faced by individuals with 
        disabilities regarding accessibility to institutions of 
        higher education and other public and private community 
        facilities.
          [(B) Amelioration of existing attitudinal barriers 
        that prevent full inclusion by individuals with 
        disabilities in their community.
          [(14) Improving access to technology in local 
        communities.

[SEC. 755. PEER REVIEW.

  [The Secretary shall designate a peer review panel to review 
applications submitted under this part and make recommendations 
for funding to the Secretary. In selecting the peer review 
panel, the Secretary may consult with other appropriate 
Cabinet-level officials and with non-Federal organizations, to 
ensure that the panel will be geographically balanced and be 
composed of representatives from public and private 
institutions of higher education, labor, business, and State 
and local government, who have expertise in urban community 
service or in education.

[SEC. 756. DISBURSEMENT OF FUNDS.

  [(a) Multiyear Availability.--Subject to the availability of 
appropriations, grants under this part may be made on a 
multiyear basis, except that no institution, individually or as 
a participant in a consortium of such institutions, may receive 
such a grant for more than 5 years.
  [(b) Equitable Geographic Distribution.--The Secretary shall 
award grants under this part in a manner that achieves an 
equitable geographic distribution of such grants.
  [(c) Matching Requirement.--An applicant under this part and 
the local governments associated with the application shall 
contribute to the conduct of the program supported by the grant 
an amount from non-Federal funds equal to at least one-fourth 
of the amount of the grant, which contribution may be in cash 
or in kind.

[SEC. 757. DESIGNATION OF URBAN GRANT INSTITUTIONS.

  [The Secretary shall publish a list of eligible institutions 
under this part and shall designate these institutions of 
higher education as ``Urban Grant Institutions''. The Secretary 
shall establish a national network of Urban Grant Institutions 
so that the results of individual projects achieved in one 
metropolitan area can then be generalized, disseminated, 
replicated, and applied throughout the Nation. The information 
developed as a result of this section shall be made available 
to Urban Grant Institutions and to any other interested 
institution of higher education by any appropriate means.

[SEC. 758. DEFINITIONS.

  [As used in this part:
          [(1) Urban area.--The term ``urban area'' means a 
        metropolitan statistical area having a population of 
        not less than 350,000, or two contiguous metropolitan 
        statistical areas having a population of not less than 
        350,000, or, in any State which does not have a 
        metropolitan statistical area which has such a 
        population, the eligible entity in the State submitting 
        an application under section 753, or, if no such entity 
        submits an application, the Secretary, shall designate 
        one urban area for the purposes of this part.
          [(2) Eligible institution.--The term ``eligible 
        institution'' means--
                  [(A) a nonprofit municipal university, 
                established by the governing body of the city 
                in which it is located, and operating as of the 
                date of enactment of the Higher Education 
                Amendments of 1992 under that authority; or
                  [(B) an institution of higher education, or a 
                consortium of such institutions any one of 
                which meets all of the requirements of this 
                paragraph, which--
                          [(i) is located in an urban area;
                          [(ii) draws a substantial portion of 
                        its undergraduate students from the 
                        urban area in which such institution is 
                        located, or from contiguous areas;
                          [(iii) carries out programs to make 
                        postsecondary educational opportunities 
                        more accessible to residents of such 
                        urban area, or contiguous areas;
                          [(iv) has the present capacity to 
                        provide resources responsive to the 
                        needs and priorities of such urban area 
                        and contiguous areas;
                          [(v) offers a range of professional, 
                        technical, or graduate programs 
                        sufficient to sustain the capacity of 
                        such institution to provide such 
                        resources; and
                          [(vi) has demonstrated and sustained 
                        a sense of responsibility to such urban 
                        area and contiguous areas and the 
                        people of such areas.

[SEC. 759. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated $20,000,000 for 
fiscal year 1999 and such sums as may be necessary for each of 
the 4 succeeding fiscal years to carry out this part.]

  PART D--DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES 
RECEIVE A QUALITY HIGHER EDUCATION

           *       *       *       *       *       *       *


SEC. 762. GRANTS AUTHORIZED.

  (a) Competitive Grants Authorized.--The Secretary may award 
grants, contracts, and cooperative agreements, on a competitive 
basis, to institutions of higher education, of which at least 
two such grants shall be awarded to institutions that provide 
professional development and technical assistance in order for 
[students with learning disabilities] students with 
disabilities to receive a quality postsecondary education.
  (b) Duration; Activities.--
          (1)  * * *
          (2) Authorized activities.--Grants under this part 
        shall be used to carry out one or more of the following 
        activities:
                  (A) Teaching methods and strategies.--The 
                development of innovative, effective, and 
                efficient teaching methods and strategies to 
                provide faculty and administrators with the 
                skills and supports necessary to teach students 
                with disabilities in order to improve retention 
                and completion. Such methods and strategies may 
                include inservice training, professional 
                development, customized and general technical 
                assistance, workshops, summer institutes, 
                distance learning, and training in the use of 
                assistive and educational technology.
                  (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.
                  [(B)] (C) Synthesizing research and 
                information.--Synthesizing research and other 
                information related to the provision of 
                postsecondary educational services to students 
                with disabilities.
                  (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.
                  [(C)] (E) Professional development and 
                training sessions.--Conducting professional 
                development and training sessions for faculty 
                and administrators from other institutions of 
                higher education to enable the faculty and 
                administrators to meet the
          (3) Mandatory evaluation and dissemination.--Grants 
        under this part shall be used for evaluation, and 
        dissemination to other institutions of higher 
        education, of the information obtained through the 
        activities described in [subparagraphs (A) through (C)] 
        subparagraphs (A) through (E).

           *       *       *       *       *       *       *


SEC. 763. APPLICATIONS.

  Each institution of higher education desiring to receive a 
grant, contract, or cooperative agreement under this part shall 
submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary 
may require. Each application shall include--
          [(1) a description of how such institution plans to 
        address each of the activities required under this 
        part;]
          (1) a description of how such institution plans to 
        address the activities allowed under this part;
          (2) a description of how the institution consulted 
        with a broad range of people within the institution to 
        develop activities for which assistance is sought; 
        [and]
          (3) a description of how the institution will 
        coordinate and collaborate with the office that 
        provides services to students with disabilities within 
        the institution[.]; and
          (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.

           *       *       *       *       *       *       *


SEC. 765. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for this part 
$10,000,000 for [fiscal year 1999 and such sums as may be 
necessary for each of the 4 succeeding fiscal years] fiscal 
year 2004 and such sums as may be necessary for each of the 5 
succeeding fiscal years.