H. R. 974

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

To establish a program to afford high school graduates from the District of Columbia

the benefits of in-State tuition at State colleges and universities outside the

District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘District of Columbia College

Access Act of 1999’’.

SEC. 2. PURPOSE.

It is the purpose of this Act to establish a program that enables

college-bound residents of the District of Columbia to have greater

choices among institutions of higher education.

SEC. 3. PUBLIC SCHOOL PROGRAM.

(a) GRANTS.—

(1) IN GENERAL.—From amounts appropriated under subsection (i) the Mayor shall award grants to eligible institutions

that enroll eligible students to pay the difference between the

tuition and fees charged for in-State students and the tuition

and fees charged for out-of-State students on behalf of each

eligible student enrolled in the eligible institution.

(2) MAXIMUM STUDENT AMOUNTS.—An eligible student shall

have paid on the student’s behalf under this section—

(A) not more than $10,000 for any 1 award year (as

defined in section 481 of the Higher Education Act of

1965 (20 U.S.C. 1088)); and

(B) a total of not more than $50,000.

(3) PRORATION.—The Mayor shall prorate payments under

this section for students who attend an eligible institution

on less than a full-time basis.

(b) REDUCTION FOR INSUFFICIENT APPROPRIATIONS.—

(1) IN GENERAL.—If the funds appropriated pursuant to

subsection (i) for any fiscal year are insufficient to award a

grant in the amount determined under subsection (a) on behalf

of each eligible student enrolled in an eligible institution, then

the Mayor shall—

(A) first, ratably reduce the amount of the tuition

and fee payment made on behalf of each eligible student

who has not received funds under this section for a preceding year; and
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(B) after making reductions under subparagraph (A),

ratably reduce the amount of the tuition and fee payments

made on behalf of all other eligible students.

(2) ADJUSTMENTS.—The Mayor may adjust the amount of

tuition and fee payments made under paragraph (1) based

on—

(A) the financial need of the eligible students to avoid

undue hardship to the eligible students; or

(B) undue administrative burdens on the Mayor.

(3) FURTHER ADJUSTMENTS.—Notwithstanding paragraphs

(1) and (2), the Mayor may prioritize the making or amount

of tuition and fee payments under this subsection based on

the income and need of eligible students.

(c) DEFINITIONS.—In this section:

(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’

means an institution that—

(A) is a public institution of higher education located—

(i) in the State of Maryland or the Commonwealth

of Virginia; or

(ii) outside the State of Maryland or the Commonwealth of Virginia, but only if the Mayor—

(I) determines that a significant number of

eligible students are experiencing difficulty in

gaining admission to any public institution of

higher education located in the State of Maryland

or the Commonwealth of Virginia because of any

preference afforded in-State residents by the

institution;

(II) consults with the Committee on Government Reform of the House of Representatives, the

Committee on Governmental Affairs of the Senate,

and the Secretary regarding expanding the program under this section to include such institutions located outside of the State of Maryland or

the Commonwealth of Virginia; and

(III) takes into consideration the projected cost

of the expansion and the potential effect of the

expansion on the amount of individual tuition and

fee payments made under this section in succeeding years;

(B) is eligible to participate in the student financial

assistance programs under title IV of the Higher Education

Act of 1965 (20 U.S.C. 1070 et seq.); and

(C) enters into an agreement with the Mayor containing such conditions as the Mayor may specify, including

a requirement that the institution use the funds made

available under this section to supplement and not supplant

assistance that otherwise would be provided to eligible

students from the District of Columbia.

(2) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means

an individual who—

(A) was domiciled in the District of Columbia for not

less than the 12 consecutive months preceding the

commencement of the freshman year at an institution of

higher education;
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(B) graduated from a secondary school or received the

recognized equivalent of a secondary school diploma on

or after January 1, 1998;

(C) begins the individual’s undergraduate course of

study within the three calendar years (excluding any period

of service on active duty in the Armed Forces, or service

under the Peace Corps Act (22 U.S.C. 2501 et seq.) or

subtitle D of title I of the National and Community Service

Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from

a secondary school, or obtaining the recognized equivalent

of a secondary school diploma;

(D) is enrolled or accepted for enrollment, on at least

a half-time basis, in a degree, certificate, or other program

(including a program of study abroad approved for credit

by the institution at which such student is enrolled) leading

to a recognized educational credential at an eligible institution;

(E) if enrolled in an eligible institution, is maintaining

satisfactory progress in the course of study the student

is pursuing in accordance with section 484(c) of the Higher

Education Act of 1965 (20 U.S.C. 1091(c)); and

(F) has not completed the individual’s first undergraduate baccalaureate course of study.

(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term

in section 101 of the Higher Education Act of 1965 (20 U.S.C.

1001).

(4) MAYOR.—The term ‘‘Mayor’’ means the Mayor of the

District of Columbia.

(5) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has

the meaning given that term under section 14101 of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

8801).

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Education.

(d) CONSTRUCTION.—Nothing in this Act shall be construed

to require an institution of higher education to alter the institution’s

admissions policies or standards in any manner to enable an eligible

student to enroll in the institution.

(e) APPLICATIONS.—Each student desiring a tuition payment

under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such

information as the eligible institution may require.

(f ) ADMINISTRATION OF PROGRAM.— (1) IN GENERAL.—The Mayor shall carry out the program

under this section in consultation with the Secretary. The

Mayor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the

program under this section if the Mayor determines that doing

so is a more efficient way of carrying out the program.

(2) POLICIES AND PROCEDURES.—The Mayor, in consultation

with institutions of higher education eligible for participation

in the program authorized under this section, shall develop

policies and procedures for the administration of the program.

(3) MEMORANDUM OF AGREEMENT.—The Mayor and the

Secretary shall enter into a Memorandum of Agreement that

describes—
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(A) the manner in which the Mayor shall consult with

the Secretary with respect to administering the program

under this section; and

(B) any technical or other assistance to be provided

to the Mayor by the Secretary for purposes of administering

the program under this section (which may include access

to the information in the common financial reporting form

developed under section 483 of the Higher Education Act

of 1965 (20 U.S.C. 1090)).

(g) MAYOR’S REPORT.—The Mayor shall report to Congress

annually regarding—

(1) the number of eligible students attending each eligible

institution and the amount of the grant awards paid to those

institutions on behalf of the eligible students;

(2) the extent, if any, to which a ratable reduction was

made in the amount of tuition and fee payments made on

behalf of eligible students; and

(3) the progress in obtaining recognized academic credentials of the cohort of eligible students for each year.

(h) GAO REPORT.—Beginning on the date of the enactment

of this Act, the Comptroller General of the United States shall

monitor the effect of the program assisted under this section on

educational opportunities for eligible students. The Comptroller

General shall analyze whether eligible students had difficulty

gaining admission to eligible institutions because of any preference

afforded in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress

and the Mayor. In addition the Comptroller General shall—

(1) analyze the extent to which there are an insufficient

number of eligible institutions to which District of Columbia

students can gain admission, including admission aided by

assistance provided under this Act, due to—

(A) caps on the number of out-of-State students the

institution will enroll;

(B) significant barriers imposed by academic entrance

requirements (such as grade point average and standardized scholastic admissions tests); and

(C) absence of admission programs benefiting minority

students;

(2) assess the impact of the program assisted under this

Act on enrollment at the University of the District of Columbia;

and

(3) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to

Congress and the Mayor.

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the District of Columbia to carry out this

section $12,000,000 for fiscal year 2000 and such sums as may

be necessary for each of the five succeeding fiscal years. Such

funds shall remain available until expended.

( j) EFFECTIVE DATE.—This section shall take effect with respect

to payments for periods of instruction that begin on or after January

1, 2000.
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SEC. 4. ASSISTANCE TO THE UNIVERSITY OF THE DISTRICT OF

COLUMBIA.

(a) IN GENERAL.—Subject to subsection (c), the Secretary may

provide financial assistance to the University of the District of

Columbia for the fiscal year to enable the university to carry out

activities authorized under part B of title III of the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.).

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the District of Columbia to carry out this

section $1,500,000 for fiscal year 2000 and such sums as may

be necessary for each of the five succeeding fiscal years.

(c) SPECIAL RULE.—For any fiscal year, the University of the

District of Columbia may receive financial assistance pursuant to

this section, or pursuant to part B of title III of the Higher Education Act of 1965, but not pursuant to both this section and

such part B.

SEC. 5. PRIVATE SCHOOL PROGRAM.

(a) GRANTS.—

(1) IN GENERAL.—From amounts appropriated under subsection (f ) the Mayor shall award grants to eligible institutions

that enroll eligible students to pay the cost of tuition and

fees at the eligible institutions on behalf of each eligible student

enrolled in an eligible institution. The Mayor may prescribe

such regulations as may be necessary to carry out this section.

(2) MAXIMUM STUDENT AMOUNTS.—An eligible student shall

have paid on the student’s behalf under this section—

(A) not more than $2,500 for any 1 award year (as

defined in section 481 of the Higher Education Act of

1965 (20 U.S.C. 1088)); and

(B) a total of not more than $12,500.

(3) PRORATION.—The Mayor shall prorate payments under

this section for students who attend an eligible institution

on less than a full-time basis.

(b) REDUCTION FOR INSUFFICIENT APPROPRIATIONS.— (1) IN GENERAL.—If the funds appropriated pursuant to

subsection (f ) for any fiscal year are insufficient to award

a grant in the amount determined under subsection (a) on

behalf of each eligible student enrolled in an eligible institution,

then the Mayor shall—

(A) first, ratably reduce the amount of the tuition

and fee payment made on behalf of each eligible student

who has not received funds under this section for a preceding year; and

(B) after making reductions under subparagraph (A),

ratably reduce the amount of the tuition and fee payments

made on behalf of all other eligible students.

(2) ADJUSTMENTS.—The Mayor may adjust the amount of

tuition and fee payments made under paragraph (1) based

on—

(A) the financial need of the eligible students to avoid

undue hardship to the eligible students; or

(B) undue administrative burdens on the Mayor.

(3) FURTHER ADJUSTMENTS.—Notwithstanding paragraphs

(1) and (2), the Mayor may prioritize the making or amount

of tuition and fee payments under this subsection based on

the income and need of eligible students.
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(c) DEFINITIONS.—In this section:

(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’

means an institution that—

(A)(i) is a private, nonprofit, associate or baccalaureate

degree-granting, institution of higher education, as defined

in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)), the main campus of which is located—

(I) in the District of Columbia;

(II) in the city of Alexandria, Falls Church, or

Fairfax, or the county of Arlington or Fairfax, in the

Commonwealth of Virginia, or a political subdivision

of the Commonwealth of Virginia located within any

such county; or

(III) in the county of Montgomery or Prince

George’s in the State of Maryland, or a political subdivision of the State of Maryland located within any

such county;

(ii) is eligible to participate in the student financial

assistance programs under title IV of the Higher Education

Act of 1965 (20 U.S.C. 1070 et seq.); and

(iii) enters into an agreement with the Mayor containing such conditions as the Mayor may specify, including

a requirement that the institution use the funds made

available under this section to supplement and not supplant

assistance that otherwise would be provided to eligible

students from the District of Columbia; or

(B) is a private historically Black college or university

(for purposes of this subparagraph such term shall have

the meaning given the term ‘‘part B institution’’ in section

322(2) of the Higher Education Act of 1965 (20 U.S.C.

1061(2)) the main campus of which is located in the State

of Maryland or the Commonwealth of Virginia.

(2) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means

an individual who meets the requirements of subparagraphs

(A) through (F) of section 3(c)(2).

(3) MAYOR.—The term ‘‘Mayor’’ means the Mayor of the

District of Columbia.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Education.

(d) APPLICATION.—Each eligible student desiring a tuition and

fee payment under this section shall submit an application to the

eligible institution at such time, in such manner, and accompanied

by such information as the eligible institution may require.

(e) ADMINISTRATION OF PROGRAM.— (1) IN GENERAL.—The Mayor shall carry out the program

under this section in consultation with the Secretary. The

Mayor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the

program under this section if the Mayor determines that doing

so is a more efficient way of carrying out the program.

(2) POLICIES AND PROCEDURES.—The Mayor, in consultation

with institutions of higher education eligible for participation

in the program authorized under this section, shall develop

policies and procedures for the administration of the program.

(3) MEMORANDUM OF AGREEMENT.—The Mayor and the

Secretary shall enter into a Memorandum of Agreement that

describes—
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(A) the manner in which the Mayor shall consult with

the Secretary with respect to administering the program

under this section; and

(B) any technical or other assistance to be provided

to the Mayor by the Secretary for purposes of administering

the program under this section.

(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the District of Columbia to carry out this

section $5,000,000 for fiscal year 2000 and such sums as may

be necessary for each of the five succeeding fiscal years. Such

funds shall remain available until expended.

(g) EFFECTIVE DATE.—This section shall take effect with respect

to payments for periods of instruction that begin on or after January

1, 2000.

SEC. 6. GENERAL REQUIREMENTS.

(a) PERSONNEL.—The Secretary of Education shall arrange for

the assignment of an individual, pursuant to subchapter VI of

chapter 33 of title 5, United States Code, to serve as an adviser

to the Mayor of the District of Columbia with respect to the programs assisted under this Act.

(b) ADMINISTRATIVE EXPENSES.—The Mayor of the District of

Columbia may use not more than 7 percent of the funds made

available for a program under section 3 or 5 for a fiscal year

to pay the administrative expenses of a program under section

3 or 5 for the fiscal year.

(c) INSPECTOR GENERAL REVIEW.—Each of the programs

assisted under this Act shall be subject to audit and other review

by the Inspector General of the Department of Education in the

same manner as programs are audited and reviewed under the

Inspector General Act of 1978 (5 U.S.C. App.).

(d) GIFTS.—The Mayor of the District of Columbia may accept,

use, and dispose of donations of services or property for purposes

of carrying out this Act.

(e) FUNDING RULE.—Notwithstanding sections 3 and 5, the

Mayor may use funds made available—

(1) under section 3 to award grants under section 5 if

the amount of funds made available under section 3 exceeds

the amount of funds awarded under section 3 during a time

period determined by the Mayor; and

(2) under section 5 to award grants under section 3 if

the amount of funds made available under section 5 exceeds

the amount of funds awarded under section 5 during a time

period determined by the Mayor.

(f ) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.—The Mayor

shall establish rules to adjust the maximum student amounts

described in sections 3(a)(2)(B) and 5(a)(2)(B) for eligible students
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described in section 3(c)(2) or 5(c)(2) who transfer between the

eligible institutions described in section 3(c)(1) or 5(c)(1).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.