[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1191 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1191

   To establish a National Marine Scholarship Program to recruit and 
prepare graduate students for careers in the fields of marine science, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2005

  Mr. Inslee (for himself, Mr. Ehlers, Mr. Boehlert, Mr. Pallone, Mr. 
 Weldon of Pennsylvania, and Mr. Allen) introduced the following bill; 
             which was referred to the Committee on Science

_______________________________________________________________________

                                 A BILL


 
   To establish a National Marine Scholarship Program to recruit and 
prepare graduate students for careers in the fields of marine science, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``National Marine Scholarship Act of 
2005''.

SEC. 2. NATIONAL MARINE SCHOLARSHIP PROGRAM.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning that term 
        has under section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)).
            (4) Program.--The term ``Program'' means the National 
        Marine Scholarship Program established by the Administrator 
        under this section.
    (b) Establishment of Program.--
            (1) Requirement.--The Administrator shall establish a 
        National Marine Scholarship Program that is designed to recruit 
        and prepare students for careers in the fields of marine 
        science. Under the program, the Secretary shall award 
        scholarships for those academic programs and fields of study 
        described in the list made available under subsection (d).
            (2) Employment obligation.--As a condition of the award of 
        each scholarship under the Program, the Administrator shall 
        require the recipient to enter into a contractual agreement 
        under which the individual is obligated to serve as a full-time 
        employee of the Administration in a position needed by the 
        Administration and for which the individual is qualified, for a 
        period of time to be determined by the Administrator and stated 
        in the contractual agreement. If a full-time equivalent 
        position is not available within the Administration at the time 
        the scholarship recipient is obligated begin their employment, 
        the scholarship recipient may fulfill such employment 
        obligation in a full-time position in another Federal agency 
        with administrative jurisdiction over programs relating to the 
        marine environment that is approved by the Administrator.
    (c) Eligibility Criteria.--In order to be eligible for a 
scholarship under the program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        graduate student at an institution of higher education in an 
        academic program and field of study described in the list made 
        available under subsection (d);
            (2) be a United States citizen or national or a permanent 
        resident of the United States; and
            (3) at the time of the initial scholarship award, not be an 
        employee of the Administration.
    (d) Eligible Academic Programs and Fields of Study.--The 
Administrator shall make publicly available a list of academic programs 
and fields of study for which scholarships under this section may be 
used, and shall update the list as necessary.
    (e) Competitive Award Process.--
            (1) In general.--Under the Program, the Administrator shall 
        award scholarships to individuals who are selected through a 
        competitive process--
                    (A) under which awards are made primarily on the 
                basis of academic merit;
                    (B) in which consideration is given to promoting 
                the participation in the Program by individuals 
                referred to in section 33 or 34 of the Science and 
                Engineering Equal Opportunities Act (42 U.S.C. 1885a, 
                1885b); and
                    (C) in which consideration may be given to 
                financial need.
            (2) Application.--An individual seeking a scholarship under 
        this section shall submit an application to the Administrator 
        at such time, in such manner, and containing such information, 
        agreements, or assurances as the Administrator may require.
    (f) Scholarship Limits.--
            (1) Number of academic years.--An individual may not 
        receive a scholarship under this section for a masters degree 
        program for more than 2 academic years, or for a doctorate 
        program for more than 4 academic years, except as specifically 
        authorized by a waiver issued by the Administrator.
            (2) Dollar amount.--The dollar amount of a scholarship 
        under this section shall not exceed the cost of attendance, as 
        such cost is determined in accordance with section 472 of the 
        Higher Education Act of 1965 (20 U.S.C. 1087).
            (3) Use.--Amounts received as a scholarship under this 
        section may be expended only for tuition, fees, and other 
        expenses authorized by regulations issued by the Administrator.
            (4) Payment of scholarship amounts.--The Administrator may 
        enter into a contractual agreement with an institution of 
        higher education with respect to which a scholarship is 
        provided under this section, under which the amounts provided 
        as the scholarship for tuition, fees, and other authorized 
        expenses are paid directly to the institution.
    (g) Period of Service Under Employment Obligation.--
            (1) General requirement.--Except as provided in subsection 
        (i)(2), the period of service for which an individual shall be 
        obligated to serve as an employee of the Administration 
        pursuant to this section shall be determined by the 
        Administrator in accordance with subsection (b)(2).
            (2) Beginning of service.--
                    (A) General rule.--Except as provided in 
                subparagraph (B), obligated service under subsection 
                (b)(2) shall begin not later than 60 days after the 
                date on which individual obtains the educational degree 
                for which the scholarship was provided.
                    (B) Deferral.--The Administrator may defer the 
                beginning of obligated service under subsection (b)(2) 
                if the Administrator determines that such a deferral is 
                appropriate. The Administrator shall by regulation 
                prescribe the terms and conditions under which a 
                service obligation may be deferred under this 
                subparagraph.
    (h) Repayment.--
            (1) Failure to perform academically.--
                    (A) Breach of obligation.--A recipient of a 
                scholarship under this section shall be in breach of 
                the recipient's contractual agreement under this 
                section if the recipient--
                            (i) fails to maintain a high level of 
                        academic standing, as defined by the 
                        Administrator by regulation;
                            (ii) is dismissed from the recipient's 
                        educational institution for disciplinary 
                        reasons; or
                            (iii) voluntarily terminates academic 
                        training before graduation from the educational 
                        program for which the scholarship was awarded.
                    (B) Penalty.--A recipient of a scholarship who 
                under subparagraph (A) is in breach of the recipient's 
                contractual agreement--
                            (i) shall be liable to the United States 
                        for repayment, within 2 years after the date of 
                        the breach, of all amounts paid under the 
                        scholarship to the recipient or to an 
                        institution of higher education on the 
                        recipient's behalf; and
                            (ii) shall not be required to fulfill any 
                        employment obligation under such agreement.
            (2) Failure to fulfill employment obligation.--
                    (A) Breach of obligation.--A recipient of a 
                scholarship under this section shall be in breach of 
                the recipient's contractual agreement under this 
                section if the recipient--
                            (i) fails to begin or complete the 
                        recipient's employment obligation under this 
                        section; or
                            (ii) fails to comply with the terms and 
                        conditions of deferment established by the 
                        Administrator pursuant to subsection (g)(2)(B).
                    (B) Penalty.--A recipient of a scholarship who 
                under subparagraph (A) is in breach of the recipient's 
                contractual agreement shall be liable for payment to 
                the United States, within 3 years, of an amount equal 
                to--
                            (i) the total amount of scholarships 
                        received by such individual under this section; 
                        plus
                            (ii) interest on the total amount of such 
                        scholarships at a rate that is equivalent to 
                        the rate of interest that would apply under 
                        section 427A of the Higher Education 
                        Authorization Act of 1965 if the scholarships 
                        were loans to cover the cost of education (as 
                        that term is used in that section).
    (i) Cancellation or Waiver.--
            (1) In general.--Any obligation of an individual incurred 
        under this section for service or payment shall be canceled 
        upon the death of the individual.
            (2) Waiver or suspension of any obligation by 
        administrator.--The Administrator shall by regulation provide 
        for the partial or total waiver or suspension of any obligation 
        of employment or payment incurred by an individual under this 
        section (including any contractual agreement under this 
        section), if--
                    (A) compliance by the individual is impossible or 
                would involve extreme hardship to the individual; or
                    (B) enforcement of such obligation with respect to 
                the individual would be contrary to the best interests 
                of the Government.
    (j) Report to Congress.--Not later than 2 years after the date of 
the enactment of this Act, and every 2 years thereafter, the 
Administrator shall transmit a report to the Congress that addresses 
each of the following:
            (1) The effectiveness of the National Marine Scholarship 
        Program established under this section in increasing the number 
        of marine science-related service professionals.
            (2) The effectiveness of such program in preparing 
        scholarship recipients for temporary jobs within the 
        Administration or other marine-related Federal agencies.
    (k) Deadline for Regulations.--The Administrator shall issue such 
regulations as are necessary to carry out this section by not later 
than 90 days after the date of the enactment of this Act.
    (l) Authorization of Appropriations.--Of the amounts authorized for 
each of fiscal years 2005 through 2010 for programs administered by the 
National Oceanic and Atmospheric Administration, $5,000,000 shall be 
available for the National Marine Scholarship Program established under 
this section.
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