[House Report 108-307]
[From the U.S. Government Publishing Office]
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.