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Union Calendar No. 88

106TH CONGRESS

1ST SESSION H. R. 974

[Report No. 106–158, Part I]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1999

Mr. DAVIS of Virginia (for himself, Ms. NORTON, Mrs. MORELLA, Mr. HOYER,

Mr. WYNN, Mr. HORN, Mr. CUNNINGHAM, Mr. EHRLICH, and Mr.

MORAN of Virginia) introduced the following bill; which was referred to

the Committee on Government Reform, and in addition to the Committee

on Ways and Means, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

MAY 24, 1999

Additional sponsors: Mr. SHAYS, Mr. LEWIS of California, Mr. BOUCHER, Mr.

SCARBOROUGH, and Mrs. MALONEY of New York

MAY 24, 1999

Reported from the Committee on Government Reform

[Strike out all after the enacting clause and insert the part printed in italic]

MAY 24, 1999

Referral to the Committee on Ways and Means extended for a period ending

not later than May 24, 1999

MAY 24, 1999

The Committee on Ways and Means discharged; committed to the Committee

of the Whole House on the State of the Union and ordered to be printed
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[For text of introduced bill, see copy of bill as introduced on March 4, 1999]

A BILL

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.

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 ‘‘District of Columbia

5 College Access Act’’.

6 SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PROGRAM.

7 There is hereby established the District of Columbia

8 College Access Scholarship Program (hereafter in this Act

9 referred to as the ‘‘Program’’) under which the Mayor of

10 the District of Columbia shall award scholarships in ac11 cordance with section 4 using amounts in the District of

12 Columbia College Access Fund established under section 3.

13 SEC. 3. DISTRICT OF COLUMBIA COLLEGE ACCESS FUND.

14 (a) ESTABLISHMENT.—There is hereby established on

15 the books of the government of the District of Columbia the

16 District of Columbia College Access Fund (hereafter in this

17 Act referred to as the ‘‘Fund’’), which shall consist of the

18 following amounts:
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1 (1) Amounts appropriated to the Fund under

2 law.

3 (2) Gifts and bequests.

4 (3) Refunds paid under section 4(b)(4).

5 (4) Interest earned on the balance of the Fund.

6 (b) ADMINISTRATION.—The Mayor of the District of

7 Columbia shall administer the Fund, in consultation with

8 the Secretary of Education.

9 (c) USE OF FUND.—

10 (1) IN GENERAL.—Amounts in the Fund shall be

11 used solely to award scholarships in accordance with

12 section 4, except that not more than 10 percent of the

13 balance of the Fund with respect to a fiscal year may

14 be used for the administration of the Fund during

15 such year.

16 (2) DETERMINATION OF AMOUNT AVAILABLE FOR

17 SCHOLARSHIPS.—With respect to each academic year

18 for which scholarships may be awarded under this

19 Act, the Mayor shall determine the amount available

20 from the Fund for awarding scholarships.

21 (d) INVESTMENT.—The Mayor shall invest such por22 tion of the Fund as is not in the judgment of the Mayor

23 required to make current payments for scholarships. Such

24 investments shall be in such form as the Mayor considers

25 appropriate.
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1 SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM.

2 (a) APPLICATIONS.—Any qualified graduate seeking a

3 scholarship under the Program shall submit an application

4 to the Mayor in such form and containing such information

5 as the Mayor may prescribe by regulation. The Mayor shall

6 make applications for scholarships under the Program

7 available not later than October 1 of the academic year pre8 ceding the academic year for which the scholarships will

9 be awarded, and shall announce the recipients of scholar10 ships under this section not later than a date determined

11 by the Mayor in consultation with the Secretary of Edu12 cation.

13 (b) AWARDS AUTHORIZED.—

14 (1) AWARDS TO EACH QUALIFIED GRADUATE.—

15 (A) IN GENERAL.—From the amount avail16 able from the Fund under section 3(c)(2) for any

17 academic year, the Mayor shall award scholar18 ships to each qualified graduate submitting an

19 application that is approved pursuant to sub20 section (a).

21 (B) AWARDS TO STUDENTS AT ELIGIBLE

22 PUBLIC INSTITUTIONS BASED ON IN-STATE TUI23 TION.—Subject to subparagraph (D) and para24 graph (2), such scholarship shall provide, for at25 tendance at an eligible public institution located
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1 outside the District of Columbia, an amount

2 equal to the difference between—

3 (i) the amount of the tuition normally

4 charged by that institution to a student who

5 is not a resident of the State in which that

6 institution is located for the program of in7 struction in which the qualified graduate is

8 enrolled or accepted for enrollment; and

9 (ii) the amount of the tuition normally

10 charged by that institution to a student who

11 is a resident of such State for such program

12 of instruction, or the amount of the tuition

13 normally charged by that institution to a

14 student who is a resident of the county in

15 which the institution is located for such

16 program of instruction, whichever is less.

17 (C) TUITION ASSISTANCE GRANTS TO STU18 DENTS AT ELIGIBLE PRIVATE INSTITUTIONS.—

19 Subject to paragraph (2), such scholarship shall

20 provide, for attendance at an eligible private in21 stitution, a tuition assistance grant in a uni22 form amount determined by the Mayor, not to

23 exceed $3,000 for the academic year.

24 (D) CAP ON AMOUNT PROVIDED.—The

25 amount of a scholarship provided to an indi-
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1 vidual under subparagraph (B) for an academic

2 year may not exceed $10,000.

3 (2) RATABLE REDUCTION IF FUNDS INSUFFI4 CIENT.—If the amount available from the Fund under

5 section 3(c)(2) for any academic year is not sufficient

6 to pay the scholarship amount determined under

7 paragraph (1) for each qualified graduate submitting

8 an application that is approved pursuant to sub9 section (a), the amount of such scholarships shall be

10 ratably reduced. If additional sums become available

11 for such academic year, such reduced scholarships

12 shall be increased on the same basis as they were re13 duced (until the amount allotted equals the amount

14 determined under paragraph (1)).

15 (3) DISBURSEMENT.—The scholarships awarded

16 under this section shall be disbursed to the eligible in17 stitution at which the qualified graduate is enrolled

18 or accepted for enrollment by check or other means

19 that is payable to and requires the endorsement or

20 other certification by such graduate.

21 (4) REFUNDS.—The Mayor may prescribe such

22 regulations as may be necessary to provide for the re23 fund to the Fund of a portion of the amount awarded

24 under this section in the event a recipient of a schol25 arship under this section withdraws from an institu-
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1 tion during a period of enrollment in which the re2 cipient began attendance.

3 (c) RULE OF CONSTRUCTION.—Nothing in this Act

4 shall be construed to require an institution of higher edu5 cation to alter the institution’s admissions policies or

6 standards in any manner in order for a qualified graduate

7 to receive a scholarship to attend such institution under this

8 Act.

9 (d) DEFINITIONS.—As used in this section:

10 (1) QUALIFIED GRADUATE.—The term ‘‘qualified

11 graduate’’ means an individual who—

12 (A) has been a resident of the District of

13 Columbia for not less than the 12 consecutive

14 months preceding the academic year for which

15 the scholarship is sought;

16 (B) begins his or her undergraduate course

17 of study within the 3 calendar years (excluding

18 any period of service on active duty in the

19 Armed Forces of the United States, in the Peace

20 Corps or Americorps) of graduating from a sec21 ondary school, or receiving the recognized equiva22 lent of a secondary school diploma;

23 (C) is enrolled or accepted for enrollment in

24 a degree, certificate, or other program (including

25 a program of study abroad approved for credit
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1 by the institution at which such student is en2 rolled) leading to a recognized educational cre3 dential at an eligible institution;

4 (D) if the student is presently enrolled at

5 an institution, is maintaining satisfactory

6 progress in the course of study the student is

7 pursuing, as determined under section 484(c) of

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

9 1091(c));

10 (E) is a citizen or national of the United

11 States, a permanent resident of the United

12 States, able to provide evidence from the Immi13 gration and Naturalization Service that he or

14 she is in the United States for other than a tem15 porary purpose with the intention of becoming a

16 citizen or permanent resident, or a citizen of the

17 Republic of the Marshall Islands, the Federated

18 States of Micronesia, or the Republic of Palau;

19 (F) does not owe a refund on grants pre20 viously received under title IV of the Higher

21 Education Act of 1965, and is not in default on

22 any loan made, insured, or guaranteed under

23 such title;

24 (G) has not completed his or her first un25 dergraduate baccalaureate course of study; and
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1 (H) is not incarcerated.

2 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligible

3 institution’’ means eligible public institution or an el4 igible private institution.

5 (3) ELIGIBLE PUBLIC INSTITUTION.—The term

6 ‘‘eligible public institution’’ means an institution of

7 higher education that—

8 (A) is established as a State-supported in9 stitution of higher education by the State in

10 which such institution is located;

11 (B) is eligible to participate in student fi12 nancial assistance programs under title IV of the

13 Higher Education Act of 1965 (20 U.S.C. 1001

14 et seq.); and

15 (C) has entered into an agreement with the

16 Mayor containing such requirements for the

17 management of funds provided under this Act as

18 the Mayor may specify, including a requirement

19 that the institution use the funds to supplement

20 and not supplant assistance that otherwise would

21 be provided to students from the District of Co22 lumbia.

23 (4) ELIGIBLE PRIVATE INSTITUTION.—The term

24 ‘‘eligible private institution’’ means an institution of

25 higher education that—
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1 (A) is located in the District of Columbia,

2 the State of Maryland, or the Commonwealth of

3 Virginia;

4 (B) is not established as a State-supported

5 institution of higher education by the State in

6 which such institution is located;

7 (C) is eligible to participate in student fi8 nancial assistance programs under title IV of the

9 Higher Education Act of 1965 (20 U.S.C. 1001

10 et seq.); and

11 (D) has entered into an agreement with the

12 Mayor containing such requirements for the

13 management of funds provided under this Act as

14 the Mayor may specify, including a requirement

15 that the institution use the funds to supplement

16 and not supplant assistance that otherwise would

17 be provided to students from the District of Co18 lumbia.

19 (5) INSTITUTION OF HIGHER EDUCATION.—The

20 term ‘‘institution of higher education’’ has the mean21 ing given that term under section 101 of the Higher

22 Education Act of 1965 (20 U.S.C. 1001).

23 (6) SECONDARY SCHOOL.—The term ‘‘secondary

24 school’’ has the meaning given that term under sec-
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1 tion 14101 of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 8801).

3 SEC. 5. ADMINISTRATION OF PROGRAM AND FUND.

4 In carrying out the Program and administering the

5 Fund, the Mayor of the District of Columbia—

6 (1) shall consult with the Secretary of Edu7 cation; and

8 (2) may enter into a contract with a nongovern9 mental agency to administer the Program and the

10 Fund if the Mayor determines that it is cost-effective

11 and appropriate to do so.

12 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated for payment

14 to the Fund such sums as may be necessary for fiscal year

15 2000 and for each of the 5 succeeding fiscal years.

16 SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNIVER17 SITY OF THE DISTRICT OF COLUMBIA.

18 There is authorized to be appropriated to the Univer19 sity of the District of Columbia for fiscal year 2000 and

20 each of the 5 succeeding fiscal years such sums as may be

21 necessary to enhance educational opportunities for the

22 University.
Union Calendar No. 88

106TH CONGRESS

1ST SESSION H. R. 974

[Report No. 106–158, Part I]

A BILL

To establish a program to afford high school gradother purposes. sities outside the District of Columbia, and for of in-State tuition at State colleges and univer- uates from the District of Columbia the benefits

MAY 24, 1999

Reported from the Committee on Government Reform

MAY 24, 1999

Referral to the Committee on Ways and Means extended

for a period ending not later than May 24, 1999

MAY 24, 1999

The Committee on Ways and Means discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the