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108th CONGRESS
2d Session
S. 2360
To provide higher education assistance for nontraditional students, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2004
Mrs. Clinton (for herself, Mr. Graham of Florida, and Mr. Dayton)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To provide higher education assistance for nontraditional students, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nontraditional
Student Success Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FINANCIAL PROVISIONS
Sec. 101. Federal Pell Grants.
Sec. 102. Income protection allowance revised tables.
Sec. 103. Exclusion of the earned income tax credit (EITC) from
financial aid determinations.
Sec. 104. Nontraditional Students Demonstration Program.
TITLE II--SUPPORT SERVICES
Sec. 201. Strengthening institutions.
Sec. 202. Grants to increase completion by improving remedial
education.
Sec. 203. Federal Trio Programs.
Sec. 204. Student support services.
Sec. 205. Educational opportunity centers.
Sec. 206. Early intervention and college awareness program.
Sec. 207. GEAR UP cohort requirement.
Sec. 208. Early intervention.
Sec. 209. Authorization of appropriations.
Sec. 210. Child Care Access Means Parents in School program.
Sec. 211. Increased awareness of financial aid availability.
Sec. 212. Hispanic-serving institutions.
Sec. 213. Fund for the improvement of postsecondary education.
Sec. 214. Amendments to special programs for students whose families
are engaged in migrant and seasonal
farmwork.
TITLE III--LIFETIME LEARNING CREDIT
Sec. 301. Improvement of lifetime learning credit.
Sec. 302. Refundability of lifetime learning credit.
Sec. 303. Advance payment of lifetime learning credit.
TITLE I--FINANCIAL PROVISIONS
SEC. 101. FEDERAL PELL GRANTS.
(a) Authorization and Appropriation of Funds for Federal Pell
Grants.--There are authorized to be appropriated and there are
appropriated, out of any money in the Treasury not otherwise
appropriated for the fiscal year ending September 30, 2004, for
carrying out subpart 1 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a), $14,515,000,000.
(b) Authorization Amount and Maximum Federal Pell Grant.--Section
401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is
amended--
(1) in paragraph (2)(A), by striking clauses (i) through
(v) and inserting the following:
``(i) $7,600 for academic year 2005-2006;
``(ii) $8,600 for academic year 2006-2007;
``(iii) $9,600 for academic year 2007-2008;
``(iv) $10,600 for academic year 2008-2009; and
``(v) $11,600 for academic year 2009-2010,''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking
``appropriation Act'' and inserting ``appropriation Act
or subparagraph (C)''; and
(B) by adding at the end the following:
``(C) The maximum Federal Pell Grant for which a student shall be
eligible during academic year 2004-2005 shall be $4,500, less an amount
equal to the amount determined to be the expected family contribution
with respect to the student for that year.''.
(c) Students With Low Family Incomes.--Section 401(b)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended further
by adding at the end the following:
``(C) In the case of a student with a negative expected family
contribution equal to or less than -$750, a positive amount
corresponding to the negative expected family contribution amount shall
be added to the maximum basic grant for which the student is qualified,
except that in no case shall the amount of the basic grant exceed the
amount permitted under paragraph (4).''.
(d) Two Pell Grants in a Single Award Year.--Section 401(b)(6)(A)
of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(6)(A)) is
amended to read as follows:
``(6)(A) The Secretary shall allow a student to receive 2 Federal
Pell grants during a single award year, if--
``(i) the student is enrolled full-time in a certificate or
degree program of study at an eligible institution; and
``(ii) the student completes course work toward completion
of a certificate or an associate or baccalaureate degree that
exceeds the requirements for a full academic year as defined by
the institution.''.
SEC. 102. INCOME PROTECTION ALLOWANCE REVISED TABLES.
Section 478(b) of the Higher Education Act of 1965 (20 U.S.C.
1087rr(b)) is amended to read as follows:
``(b) Income Protection Allowance.--
``(1) Revised tables.--For each academic year after
academic year 1993-1994, the Secretary shall publish in the
Federal Register a revised table of income protection allowances for
the purpose of sections 475(c)(4) and 477(b)(4). The revised table for
section 475(c)(4) shall be developed by increasing each of the dollar
amounts contained in the table in such section by a percentage equal to
the estimated percentage increase in the Consumer Price Index (as
determined by the Secretary) between December 1992 and the December
next preceding the beginning of such academic year. The revised table
for section 477(b)(4) shall be developed by using a 3-year average of
the median expenses for a family of 4 based on the Consumer Expenditure
Survey data, adjusted for current dollars, calculated for the lower
living level. The results for both tables shall be rounded to the
nearest $10.
``(2) Revised amounts.--For each academic year after
academic year 2005-2006, the Secretary shall publish in the
Federal Register a revised income protection allowance for the
purpose of section 476(b)(1)(A)(iv)(I). Such revised allowance
shall be developed by increasing the dollar amount contained in
such section by a percentage equal to the estimated percentage
increase in the Consumer Expenditure Survey (as determined by
the Secretary) between December 2005 and the December next
preceding the beginning of such academic year, and rounding the
result to the nearest $10.''.
SEC. 103. EXCLUSION OF THE EARNED INCOME TAX CREDIT (EITC) FROM
FINANCIAL AID DETERMINATIONS.
Section 480(b) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(b)) is amended--
(1) by striking paragraph (8); and
(2) by redesignating paragraphs (9) through (14) as
paragraphs (8) through (13), respectively.
SEC. 104. NONTRADITIONAL STUDENTS DEMONSTRATION PROGRAM.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended by adding at the end the following:
``PART I--NONTRADITIONAL STUDENTS DEMONSTRATION PROGRAM
``SEC. 499. NONTRADITIONAL STUDENTS DEMONSTRATION PROGRAM.
``(a) Purpose.--It is the purpose of this section--
``(1) to allow demonstration programs that are strictly
monitored by the Department to test the effectiveness of
providing expanded financial assistance under this title to
less than half-time students for not more than 3 terms over the
duration of the students' course of study, and to students in
compressed, modular, or other alternative schedules;
``(2) to increase graduation rates of nontraditional
students by enabling the nontraditional students to stay
continuously enrolled during periods when the nontraditional
students must temporarily attend college less than half-time;
and
``(3) to increase graduation rates of nontraditional
students by enabling the nontraditional students to enroll in
programs with compressed, modular, or other alternative
schedules that allow the nontraditional students to better
balance work, family, and school.
``(b) Demonstration Program Authorized.--
``(1) In general.--In accordance with the provisions of
subsection (d), the Secretary is authorized to select
institutions of higher education, systems of institutions of
higher education, or consortia of institutions of higher
education for voluntary participation in the Nontraditional
Students Demonstration Program. Such program shall provide
participating institutions, consortia, or systems with waivers,
as described in paragraph (2), that provide the ability to
offer expanded financial assistance--
``(A) to less than half-time students who have
completed not less than 1 term of coursework, for not
more than 3 terms over the duration of the students'
course of study; and
``(B) to students enrolled in programs with
compressed, modular, or other alternative schedules.
``(2) Waivers.--
``(A) Less than half-time students.--The Secretary
is authorized to waive, for any institution of higher
education, system of institutions of higher education,
or consortium of institutions of higher education
participating in the Nontraditional Students
Demonstration Program, the requirements of section 472
that relate to limiting the definition of the cost of
attendance for less than half-time students, especially
paragraphs (2) and (4) of such section, with the goal
of allowing the institution, system, or consortium to
use the same definition of the costs of attendance for
less than half-time students as is used for students
attending at least half-time.
``(B) Compressed, modular, or other flexible
schedules.--The Secretary is authorized to waive for
any institution of higher education, system of
institutions of higher education, or consortium of
institutions of higher education participating in the
Nontraditional Students Demonstration Program, the
requirements of subsection (a) or (b)(1) of section
481, except that no program shall be considered an
eligible program under section 481 unless the program--
``(i) offers at least 300 clock hours of
instruction, 8 semester hours, or 12 quarter
hours, offered during a minimum of 10 weeks;
and
``(ii) is articulated with a certificate or
degree program of not less than 1 year in
length.
``(3) Eligible applicants.--
``(A) Eligible institutions.--Except as provided in
subparagraph (B), an institution of higher education, a
system of institutions of higher education, or a
consortium of institutions of higher education shall be
eligible to participate in the demonstration program
authorized under this section only if the institution,
each institution of higher education in the system, or
each institution of higher education participating in the consortium,
respectively--
``(i) is eligible to participate in
programs under this title; and
``(ii) provides a program for which the
institution of higher education awards an
associate or bachelor's degree.
``(B) Prohibition.--An institution of higher
education described in section 102(a)(1)(C) shall not
be eligible to participate in the demonstration program
authorized under this section.
``(c) Application.--
``(1) In general.--Each institution, system, or consortium
desiring to participate in a demonstration program under this
section shall submit an application to the Secretary at such
time and in such manner as the Secretary may require. An
institution, system, or consortium may apply for a waiver of a
provision described in subsection (b)(2) (A) or (B), or both.
``(2) Contents.--Each such application shall include--
``(A) a description of programs that have
characteristics known to be effective for
nontraditional students, which will be carried out in
support of the waiver, including programs related to
student financial aid counseling, academic support
services, study skills courses, remedial courses,
English as a Second Language courses, individual
mentoring, skills assessment, addressing child care
needs, and creating flexible course schedules;
``(B) a description of the statutory and regulatory
requirements described in subsection (b)(2) for which a
waiver is sought and the reasons for which the waiver
is sought;
``(C) in the case of an institution, a system, or a
consortium applying for a waiver of a provision
described in subsection (b)(2)(A), a description of the
less than half-time students to whom such expanded
financial assistance will be offered;
``(D) in the case of an institution, a system, or a
consortium applying for a waiver of a provision
described in subsection (b)(2)(B), a description of the
programs with compressed, modular, or other alternative
schedules in which students in the demonstration
program will be enrolled;
``(E) an assurance that the institution, system, or
consortium will offer full cooperation with the ongoing
evaluations of the demonstration program provided for
in this section; and
``(F) such other information as the Secretary may
require.
``(d) Selection.--
``(1) In general.--For the first 2 years of the
demonstration program the Secretary is authorized to select for
participation in the program not more than an aggregate of 50
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