Home > 106th Congressional Bills > S. 2361 (is) To amend Public Law 85-159 to strike the provision relating to transmission of power generated by the Niagara Power Project, New York, to neighboring States. [Introduced in Senate] ...

S. 2361 (is) To amend Public Law 85-159 to strike the provision relating to transmission of power generated by the Niagara Power Project, New York, to neighboring States. [Introduced in Senate] ...


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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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