II 

108TH CONGRESS 

2D SESSION S. 2729 

To encourage students to pursue graduate education and to assist students 

in affording graduate education. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004 

Mr. DODD (for himself, Mr. LAUTENBERG, and Ms. STABENOW) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To encourage students to pursue graduate education and 

to assist students in affording graduate education. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Getting Results for 

5 Advanced Degrees Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) From 1976 to 2000, graduate enrollment in 

9 the United States increased 39 percent. In the fall 
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1 of 2000, there were 1,850,000 graduate students en2 rolled in the United States. 

3 (2) In 2001, 88 percent of graduate students in 

4 the United States were citizens of the United States 

5 or resident aliens, and 12 percent were temporary 

6 residents who were foreign or international students. 

7 (3) In a 2002 borrower’s survey, the average 

8 debt reported by graduate students was $45,900. 

9 (4) In 1999–2000, 60 percent of all graduate 

10 and first-professional students, and 82 percent of 

11 those enrolled full-time and full-year, received some 

12 type of financial aid, including grants, loans, 

13 assistantships, or work study. The average amount 

14 of aid received by aided full-time, full-year students 

15 was approximately $19,500 per year. 

16 (5) Annual aid in the form of grants to full17 time, full-year recipients was awarded in larger aver18 age amounts to doctoral students ($13,400) than to 

19 either master’s students ($7,600) or first-profes20 sional students ($6,900). First-professional students 

21 took out larger loans on average overall ($20,100), 

22 than did their counterparts at the master’s level 

23 ($14,800) and doctoral level ($14,100). 

24 (6) Median annual earnings in 2000 increased 

25 with educational attainment. There was a substan-
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1 tial earnings differential from the highest to the low2 est levels of attainment: the median earnings of 

3 workers who had a professional degree were more 

than 31 4 ⁄2 times those of high school dropouts. 

5 SEC. 3. JACOB K. JAVITS FELLOWSHIP PROGRAM. 

6 (a) CRITERIA FOR AWARDS.—Section 701(a) of the 

7 Higher Education Act of 1965 (20 U.S.C. 1134(a)) is 

8 amended by striking ‘‘, financial need,’’. 

9 (b) QUALIFICATIONS OF BOARD.—Section 702(a) of 

10 the Higher Education Act of 1965 (20 U.S.C. 1134a(a)) 

11 is amended by striking paragraph (1) and inserting the 

12 following: 

13 ‘‘(1) APPOINTMENT.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 appoint a Jacob K. Javits Fellows Program 

16 Fellowship Board (referred to in this subpart as 

17 the ‘Board’) consisting of 9 individuals rep18 resentative of both public and private institu19 tions of higher education who are especially 

20 qualified to serve on the Board. 

21 ‘‘(B) QUALIFICATIONS.—In making ap22 pointments under subparagraph (A), the Sec23 retary shall— 
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1 ‘‘(i) give due consideration to the ap2 pointment of individuals who are highly re3 spected in the academic community; 

4 ‘‘(ii) assure that individuals appointed 

5 to the Board are broadly representative of 

6 a range of disciplines in graduate edu7 cation in arts, humanities, and social 

8 sciences; 

9 ‘‘(iii) appoint members to represent 

10 the various geographic regions of the 

11 United States; and 

12 ‘‘(iv) include representatives from mi13 nority serving institutions.’’. 

14 (c) AMOUNT OF STIPENDS.—Section 703(a) of the 

15 Higher Education Act of 1965 (20 U.S.C. 1134b(a)) is 

16 amended by striking ‘‘graduate fellowships,’’ and all that 

17 follows through the period and inserting ‘‘Graduate Re18 search Fellowship Program.’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 705 of the Higher Education Act of 1965 (20 U.S.C. 

21 1134d) is amended by striking ‘‘$30,000,000 for fiscal 

22 year 1999’’ and inserting ‘‘$35,000,000 for fiscal year 

23 2005’’. 
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1 SEC. 4. GRADUATE ASSISTANCE IN AREAS OF NATIONAL 

2 NEED. 

3 (a) APPLICATION CONTENTS.—Section 713(b)(5) of 

4 the Higher Education Act of 1965 (20 U.S.C. 

5 1135b(b)(5)) is amended— 

6 (1) by striking subparagraph (A); and 

7 (2) by redesignating subparagraphs (B) and 

8 (C) as subparagraphs (A) and (B), respectively. 

9 (b) AMOUNT OF STIPENDS.—Section 714(b) of the 

10 Higher Education Act of 1965 (20 U.S.C. 1135c(b)) is 

11 amended by striking ‘‘graduate fellowships,’’ and all that 

12 follows through the period and inserting ‘‘Graduate Re13 search Fellowship Program.’’. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 716 of the Higher Education Act of 1965 (20 U.S.C. 

16 1135e) is amended by striking ‘‘$35,000,000 for fiscal 

17 year 1999’’ and inserting ‘‘$50,000,000 for fiscal year 

18 2005’’. 

19 (d) TECHNICAL AMENDMENTS.—Section 714(c) of 

20 the Higher Education Act of 1965 (20 U.S.C. 1135c(c)) 

21 is amended— 

22 (1) by striking ‘‘716(a)’’ and inserting 

23 ‘‘715(a)’’; and 

24 (2) by striking ‘‘714(b)(2)’’ and inserting 

25 ‘‘713(b)(2)’’. 
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1 SEC. 5. PATSY T. MINK FELLOWSHIP PROGRAM. 

2 Part A of title VII of the Higher Education Act of 

3 1965 (20 U.S.C. 1134 et seq.) is amended— 

4 (1) by redesignating subpart 4 as subpart 5; 

5 (2) by redesignating section 731 as section 741; 

6 (3) in section 741 (as redesignated by para7 graph (2))— 

8 (A) in the section heading, by striking 

9 ‘‘AND 3.’’ and inserting ‘‘3, AND 4.’’; 

10 (B) in subsection (a), by striking ‘‘and 3’’ 

11 and inserting ‘‘3, and 4’’; 

12 (C) in subsection (b), by striking ‘‘and 3’’ 

13 and inserting ‘‘3, and 4’’; and 

14 (D) in subsection (d), by striking ‘‘or 3’’ 

15 and inserting ‘‘3, or 4’’; and 

16 (4) by inserting after subpart 3 the following: 

17 ‘‘Subpart 4—Patsy T. Mink Fellowship Program 

18 ‘‘SEC. 731. PURPOSE AND DESIGNATION. 

19 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 

20 provide, through eligible institutions, a program of fellow21 ship awards to assist highly qualified minorities and 

22 women to acquire the doctoral degree, or highest possible 

23 degree available, in academic areas in which such individ24 uals are underrepresented for the purpose of enabling such 

25 individuals to enter the higher education professoriate. 
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1 ‘‘(b) DESIGNATION.—Each recipient of a fellowship 

2 award from an eligible institution receiving a grant under 

3 this subpart shall be known as a ‘Patsy T. Mink Graduate 

4 Fellow’. 

5 ‘‘SEC. 732. DEFINITION OF ELIGIBLE INSTITUTION. 

6 ‘‘In this subpart, the term ‘eligible institution’ means 

7 an institution of higher education, or a consortium of such 

8 institutions, that offers a program of postbaccalaureate 

9 study leading to a graduate degree. 

10 ‘‘SEC. 733. PROGRAM AUTHORIZED. 

11 ‘‘(a) GRANTS BY SECRETARY.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall award 

13 grants to eligible institutions to enable such institu14 tions to make fellowship awards to individuals in ac15 cordance with the provisions of this subpart. 

16 ‘‘(2) PRIORITY CONSIDERATION.—In awarding 

17 grants under this subpart, the Secretary shall con18 sider the eligible institution’s prior experience in 

19 producing doctoral degree, or highest possible degree 

20 available, holders who are minorities and women, 

21 and shall give priority consideration in making 

22 grants under this subpart to those eligible institu23 tions with a demonstrated record of producing mi24 norities and women who have earned such degrees. 

25 ‘‘(b) APPLICATIONS.— 
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1 ‘‘(1) IN GENERAL.—An eligible institution that 

2 desires a grant under this subpart shall submit an 

3 application to the Secretary at such time, in such 

4 manner, and containing such information as the Sec5 retary may require. 

6 ‘‘(2) APPLICATIONS MADE ON BEHALF.— 

7 ‘‘(A) IN GENERAL.—The following entities 

8 may submit an application on behalf of an eligi9 ble institution: 

10 ‘‘(i) A graduate school or department 

11 of such institution. 

12 ‘‘(ii) A graduate school or department 

13 of such institution in collaboration with an 

14 undergraduate college or university of such 

15 institution. 

16 ‘‘(iii) An organizational unit within 

17 such institution that offers a program of 

18 postbaccalaureate study leading to a grad19 uate degree, including an interdisciplinary 

20 or an interdepartmental program. 

21 ‘‘(iv) A nonprofit organization with a 

22 demonstrated record of helping minorities 

23 and women earn postbaccalaureate de24 grees. 
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1 ‘‘(B) NONPROFIT ORGANIZATIONS.—Noth2 ing in this paragraph shall be construed to per3 mit the Secretary to award a grant under this 

4 subpart to an entity other than an eligible insti5 tution. 

6 ‘‘(c) SELECTION OF APPLICATIONS.—In awarding 

7 grants under subsection (a), the Secretary shall— 

8 ‘‘(1) take into account— 

9 ‘‘(A) the number and distribution of mi10 nority and female faculty nationally; 

11 ‘‘(B) the current and projected need for 

12 highly trained individuals in all areas of the 

13 higher education professoriate; and 

14 ‘‘(C) the present and projected need for 

15 highly trained individuals in academic career 

16 fields in which minorities and women are under17 represented in the higher education professo18 riate; and 

19 ‘‘(2) consider the need to prepare a large num20 ber of minorities and women generally in academic 

21 career fields of high national priority, especially in 

22 areas in which such individuals are traditionally 

23 underrepresented in college and university faculties. 

24 ‘‘(d) DISTRIBUTION AND AMOUNTS OF GRANTS.— 
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1 ‘‘(1) EQUITABLE DISTRIBUTION.—In awarding 

2 grants under this subpart, the Secretary shall, to the 

3 maximum extent feasible, ensure an equitable geo4 graphic distribution of awards and an equitable dis5 tribution among public and independent eligible in6 stitutions that apply for grants under this subpart 

7 and that demonstrate an ability to achieve the pur8 pose of this subpart. 

9 ‘‘(2) SPECIAL RULE.—To the maximum extent 

10 practicable, the Secretary shall use not less than 50 

11 percent of the amount appropriated pursuant to sec12 tion 736 to award grants to eligible institutions 

13 that— 

14 ‘‘(A) are eligible for assistance under title 

15 III or title V; or 

16 ‘‘(B) have formed a consortium that in17 cludes both non-minority serving institutions 

18 and minority serving institutions. 

19 ‘‘(3) ALLOCATION.—In awarding grants under 

20 this subpart, the Secretary shall allocate appropriate 

21 funds to those eligible institutions whose applications 

22 indicate an ability to significantly increase the num23 bers of minorities and women entering the higher 

24 education professoriate and that commit institutional 
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1 resources to the attainment of the purpose of this 

2 subpart. 

3 ‘‘(4) NUMBER OF FELLOWSHIP AWARDS.—An 

4 eligible institution that receives a grant under this 

5 subpart shall make not less than 15 fellowship 

6 awards. 

7 ‘‘(5) REALLOTMENT.—If the Secretary deter8 mines that an eligible institution awarded a grant 

9 under this subpart is unable to use all of the grant 

10 funds awarded to the institution, the Secretary shall 

11 reallot, on such date during each fiscal year as the 

12 Secretary may fix, the unused funds to other eligible 

13 institutions that demonstrate that such institutions 

14 can use any reallocated grant funds to make fellow15 ship awards to individuals under this subpart. 

16 ‘‘(e) INSTITUTIONAL ALLOWANCE.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) NUMBER OF ALLOWANCES.—In 

19 awarding grants under this subpart, the Sec20 retary shall pay to each eligible institution 

21 awarded a grant, for each individual awarded a 

22 fellowship by such institution under this sub23 part, an institutional allowance. 

24 ‘‘(B) AMOUNT.—Except as provided in 

25 paragraph (3), an institutional allowance shall 
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1 be in an amount equal to, for academic year 

2 2005–2006 and succeeding academic years, the 

3 amount of institutional allowance made to an 

4 institution of higher education under section 

5 715 for such academic year. 

6 ‘‘(2) USE OF FUNDS.—Institutional allowances 

7 may be expended in the discretion of the eligible in8 stitution and may be used to provide, except as pro9 hibited under paragraph (4), academic support and 

10 career transition services for individuals awarded fel11 lowships by such institution. 

12 ‘‘(3) REDUCTION.—The institutional allowance 

13 paid under paragraph (1) shall be reduced by the 

14 amount the eligible institution charges and collects 

15 from a fellowship recipient for tuition and other ex16 penses as part of the recipient’s instructional pro17 gram. 

18 ‘‘(4) USE FOR OVERHEAD PROHIBITED.—Funds 

19 made available under this subpart may not be used 

20 for general operational overhead of the academic de21 partment or institution receiving funds under this 

22 subpart. 

23 ‘‘SEC. 734. FELLOWSHIP RECIPIENTS. 

24 ‘‘(a) AUTHORIZATION.—An eligible institution that 

25 receives a grant under this subpart shall use the grant 
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1 funds to make fellowship awards to minorities and women 

2 who are enrolled at such institution in a doctoral degree, 

3 or highest possible degree available, program and— 

4 ‘‘(1) intend to pursue a career in instruction 

5 at— 

6 ‘‘(A) an institution of higher education (as 

7 defined in section 101); 

8 ‘‘(B) an institution of higher education (as 

9 defined in section 102(a)(1)); 

10 ‘‘(C) an institution of higher education 

11 outside the United States, as that term is de12 scribed in section 102(a)(2); or 

13 ‘‘(D) a proprietary institution of higher 

14 education (as defined in section 102(b)); and 

15 ‘‘(2) sign an agreement with the Secretary 

16 agreeing to begin employment at an institution de17 scribed in paragraph (1) within 5 years of receiving 

18 the doctoral degree or highest possible degree avail19 able, and to be employed by such institution for 1 

20 year for each year of fellowship assistance received 

21 under this subpart. 

22 ‘‘(b) FAILURE TO COMPLY.—If an individual who re23 ceives a fellowship award under this subpart fails to com24 ply with the agreement signed pursuant to subsection 
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1 (a)(2), then the Secretary shall do 1 or both of the fol2 lowing: 

3 ‘‘(1) Require the individual to repay all or the 

4 applicable portion of the total fellowship amount 

5 awarded to the individual by converting the balance 

6 due to a loan at the interest rate applicable to loans 

7 made under part B of title IV. 

8 ‘‘(2) Impose a fine or penalty in an amount to 

9 be determined by the Secretary. 

10 ‘‘(c) WAIVER AND MODIFICATION.— 

11 ‘‘(1) REGULATIONS.—The Secretary shall pro12 mulgate regulations setting forth criteria to be con13 sidered in granting a waiver for the service require14 ment under subsection (a)(2). 

15 ‘‘(2) CONTENT.—The criteria under paragraph 

16 (1) shall include whether compliance with the service 

17 requirement by the fellowship recipient would be— 

18 ‘‘(A) inequitable and represent a substan19 tial hardship; or 

20 ‘‘(B) deemed impossible because the indi21 vidual is permanently and totally disabled at 

22 the time of the waiver request. 

23 ‘‘(d) AMOUNT OF FELLOWSHIP AWARDS.—Fellow24 ship awards under this subpart shall consist of a stipend 

25 in an amount equal to the level of support provided to 
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1 the National Science Foundation graduate fellows, except 

2 that such stipend shall be adjusted as necessary so as not 

3 to exceed the fellow’s tuition and fees or demonstrated 

4 need (as determined by the institution of higher education 

5 where the graduate student is enrolled), whichever is 

6 greater. 

7 ‘‘(e) ACADEMIC PROGRESS REQUIRED.—An indi8 vidual student shall not be eligible to receive a fellowship 

9 award— 

10 ‘‘(1) except during periods in which such stu11 dent is enrolled, and such student is maintaining 

12 satisfactory academic progress in, and devoting es13 sentially full time to, study or research in the pur14 suit of the degree for which the fellowship support 

15 was awarded; and 

16 ‘‘(2) if the student is engaged in gainful em17 ployment, other than part-time employment in teach18 ing, research, or similar activity determined by the 

19 institution to be consistent with and supportive of 

20 the student’s progress toward the appropriate de21 gree. 

22 ‘‘SEC. 735. RULE OF CONSTRUCTION. 

23 ‘‘Nothing in this subpart shall be construed to require 

24 an eligible institution that receives a grant under this sub25 part— 
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1 ‘‘(1) to grant a preference or to differentially 

2 treat any applicant for a faculty position as a result 

3 of the institution’s participation in the program 

4 under this subpart; or 

5 ‘‘(2) to hire a Patsy T. Mink Fellow who com6 pletes this program and seeks employment at such 

7 institution. 

8 ‘‘SEC. 736. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘There is authorized to be appropriated to carry out 

10 this subpart $25,000,000 for fiscal year 2005 and such 

11 sums as may be necessary for each of the 5 succeeding 

12 fiscal years.’’. 

13 SEC. 6. SUPPORT FOR WORKING STUDENTS. 

14 (a) FAMILY CONTRIBUTION FOR INDEPENDENT STU15 DENTS WITHOUT DEPENDENTS OTHER THAN A

16 SPOUSE.—Section 476(b)(1)(A) of the Higher Education 

17 Act of 1965 (20 U.S.C. 1087pp(b)(1)(A)) is amended by 

18 striking clause (iv) and inserting the following: 

19 ‘‘(iv) $13,000;’’. 

20 (b) FAMILY CONTRIBUTION FOR INDEPENDENT STU21 DENTS WITH DEPENDENTS OTHER THAN A SPOUSE.— 

22 Section 477(b) of the Higher Education Act of 1965 (20 

23 U.S.C. 1087qq(b)) is amended— 

24 (1) in paragraph (1)— 
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1 (A) by striking subparagraph (D) and in2 serting the following: 

3 ‘‘(D) $18,000;’’; and 

4 (B) in subparagraph (E), by striking 

5 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

6 (4)’’; 

7 (2) by striking paragraph (4); and 

8 (3) by redesignating paragraph (5) as para9 graph (4). 

10 (c) CONFORMING AMENDMENTS.—Section 478 of the 

11 Higher Education Act of 1965 (20 U.S.C. 1087rr) is 

12 amended— 

13 (1) by striking subsection (b) and inserting the 

14 following: 

15 ‘‘(b) INCOME PROTECTION ALLOWANCE.—For each 

16 academic year after academic year 1993–1994, the Sec17 retary shall publish in the Federal Register a revised table 

18 of income protection allowances for the purpose of section 

19 475(c)(4). Such revised table shall be developed by in20 creasing each of the dollar amounts contained in the table 

21 in such section by a percentage equal to the estimated per22 centage increase in the Consumer Price Index (as deter23 mined by the Secretary) between December 1992 and the 

24 December next preceding the beginning of such academic 

25 year, and rounding the result to the nearest $10.’’; and 
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1 (2) in subsection (h)— 

2 (A) in the first sentence, by striking 

3 ‘‘477(b)(5)’’ and inserting ‘‘477(b)(4)’’; and 

4 (B) in the second sentence— 

5 (i) by striking ‘‘477(b)(5)(A)’’ and in6 serting ‘‘477(b)(4)(A)’’; and 

7 (ii) by striking ‘‘477(b)(5)(B)’’ and 

8 inserting ‘‘477(b)(4)(B)’’. 

9 SEC. 7. COST OF ATTENDANCE FOR STUDENTS WITH 1 OR 

10 MORE DEPENDENTS. 

11 Section 472 of the Higher Education Act of 1965 (20 

12 U.S.C. 1087ll) is amended by striking paragraph (8) and 

13 inserting the following: 

14 ‘‘(8) for a student with 1 or more dependents, 

15 an allowance based on the estimated actual living ex16 penses incurred for dependents, based on the num17 ber and age of such dependents, including— 

18 ‘‘(A) dependent care, except that— 

19 ‘‘(i) such allowance shall not exceed 

20 the reasonable cost in the community in 

21 which such student resides for the kind of 

22 care provided; and 

23 ‘‘(ii) the period for which dependent 

24 care is required includes class-time, study- 
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1 time, field work, internships, and com2 muting time; 

3 ‘‘(B) room and board for such dependents; 

4 and 

5 ‘‘(C) health insurance for such depend6 ents;’’. 

7 SEC. 8. UNSUBSIDIZED STAFFORD LOAN LIMITS FOR GRAD8 UATE AND PROFESSIONAL STUDENTS. 

9 Section 428H(d)(2)(C) of the Higher Education Act 

10 of 1965 (20 U.S.C. 1078–8(d)(2)(C)) is amended by strik11 ing ‘‘$10,000’’ and inserting ‘‘$12,500’’. 

12 SEC. 9. ALLOWANCE OF ROOM, BOARD, AND SPECIAL 

13 NEEDS SERVICES IN THE CASE OF SCHOLAR14 SHIPS AND TUITION REDUCTION PROGRAMS 

15 WITH RESPECT TO HIGHER EDUCATION. 

16 (a) IN GENERAL.—Paragraph (1) of section 117(b) 

17 of the Internal Revenue Code of 1986 (defining qualified 

18 scholarship) is amended by inserting before the period at 

19 the end the following: ‘‘or, in the case of enrollment or 

20 attendance at an eligible educational institution, for quali21 fied higher education expenses’’. 

22 (b) DEFINITIONS.—Subsection (b) of section 117 of 

23 such Code is amended by adding at the end the following 

24 new paragraph: 
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1 ‘‘(3) QUALIFIED HIGHER EDUCATION EX2 PENSES; ELIGIBLE EDUCATIONAL INSTITUTION.— 

3 The terms ‘qualified higher education expenses’ and 

4 ‘eligible educational institution’ have the meanings 

5 given such terms in section 529(e).’’. 

6 (c) TUITION REDUCTION PROGRAMS.—Paragraph 

7 (5) of section 117(d) of such Code (relating to special 

8 rules for teaching and research assistants) is amended by 

9 striking ‘‘shall be applied as if it did not contain the 

10 phrase ‘(below the graduate level)’.’’ and inserting ‘‘shall 

11 be applied— 

12 ‘‘(A) as if it did not contain the phrase 

13 ‘(below the graduate level)’, and 

14 ‘‘(B) by substituting ‘qualified higher edu15 cation expenses’ for ‘tuition’ the second place it 

16 appears.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to expenses paid after December 

19 31, 2003 (in taxable years ending after such date), for 

20 education furnished in academic periods beginning after 

21 such date. 

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