I

106TH CONGRESS

1ST SESSION H. R. 974

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

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’’.
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1 SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PROGRAM.

2 There is hereby established the District of Columbia

3 College Access Scholarship Program (hereafter in this Act

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

5 the District of Columbia shall award scholarships in ac6 cordance with section 4 using amounts in the District of

7 Columbia College Access Fund established under section

8 3.

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

10 (a) ESTABLISHMENT.—There is hereby established

11 on the books of the government of the District of Colum12 bia the District of Columbia College Access Fund (here13 after in this Act referred to as the ‘‘Fund’’), which shall

14 consist of the following amounts:

15 (1) Amounts appropriated to the Fund under

16 law.

17 (2) Gifts and bequests.

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

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

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

21 Columbia shall administer the Fund, in consultation with

22 the Secretary of Education.

23 (c) USE OF FUND.—

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

25 be used solely to award scholarships in accordance

26 with section 4, except that not more than 10 percent
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1 of the balance of the Fund with respect to a fiscal

2 year may be used for the administration of the Fund

3 during such year.

4 (2) DETERMINATION OF AMOUNT AVAILABLE

5 FOR SCHOLARSHIPS.—With respect to each academic

6 year for which scholarships may be awarded under

7 this Act, the Mayor shall determine the amount

8 available from the Fund for awarding scholarships.

9 (d) INVESTMENT.—The Mayor shall invest such por10 tion of the Fund as is not in the judgment of the Mayor

11 required to make current payments for scholarships. Such

12 investments shall be in such form as the Mayor considers

13 appropriate.

14 (e) TAX TREATMENT OF FUND.—

15 (1) CONTRIBUTIONS TO FUND.—For purposes

16 of the Internal Revenue Code of 1986, any contribu17 tion or gift to or for the use of the Fund shall be

18 treated as a contribution or gift for exclusively pub19 lic purposes to or for the use of an organization de20 scribed in section 170(c)(1) of such Code.

21 (2) TREATMENT OF PAYMENTS FROM FUND.—

22 Any payment from the Fund shall not be subject to

23 any Federal, State, or local income or gift tax.

24 (3) EXEMPTION.—For purposes of such Code,

25 notwithstanding section 501(c)(1)(A) of such Code,
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1 the Fund shall be treated as described in section

2 501(c)(1) of such Code and exempt from tax under

3 section 501(a) of such Code.

4 SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM.

5 (a) APPLICATIONS.—Any qualified graduate seeking

6 a scholarship under the Program shall submit an applica7 tion to the Mayor in such form and containing such infor8 mation as the Mayor may prescribe by regulation. The

9 Mayor shall make applications for scholarship under the

10 Program available not later than October 1 of the aca11 demic year preceding the academic year for which scholar12 ship will be awarded, and shall announce the recipients

13 of scholarship under this section not later than March 1

14 of the academic year preceding the academic year for

15 which the scholarship is awarded.

16 (b) AWARDS AUTHORIZED.—

17 (1) AMOUNTS BASED ON IN-STATE TUITION.—

18 From the amount available from the Fund under

19 section 3(c)(2) for any academic year, the Mayor

20 shall award scholarships to each qualified graduate

21 submitting an application that is approved pursuant

22 to subsection (a). Subject to paragraph (2), such

23 scholarship shall provide, for attendance at an eligi24 ble institution located outside the District of Colum25 bia, an amount equal to the difference between—
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1 (A) the amount of the tuition normally

2 charged by that institution to a student who is

3 not a resident of the State in which that insti4 tution is located for the program of instruction

5 in which the qualified graduate is enrolled or

6 accepted for enrollment; and

7 (B) the amount of the tuition normally

8 charged by that institution to a student who is

9 a resident of such State for such program of in10 struction.

11 (2) RATABLE REDUCTION IF FUNDS INSUFFI12 CIENT.—If the amount available from the Fund

13 under section 3(c)(2) for any academic year is not

14 sufficient to pay the scholarship amount determined

15 under paragraph (1) for each qualified graduate

16 submitting an application that is approved pursuant

17 to subsection (a), the amount of such scholarships

18 shall be ratably reduced. If additional sums become

19 available for such academic year, such reduced schol20 arships shall be increased on the same basis as they

21 were reduced (until the amount allotted equals the

22 amount determined under paragraph (1)).

23 (3) DISBURSEMENT.—The scholarships award24 ed under this section shall be disbursed to the eligi25 ble institution at which the qualified graduate is en-
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1 rolled or accepted for enrollment by check or other

2 means that is payable to and requires the endorse3 ment or other certification by such graduate.

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

5 regulations as may be necessary to provide for the

6 refund to the Fund of a portion of the amount

7 awarded under this section in the event a recipient

8 of a scholarship under this section withdraws from

9 an institution during a period of enrollment in which

10 the recipient began attendance.

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

12 shall be construed to require an institution of higher edu13 cation to alter the institution’s admissions policies or

14 standards in any manner in order for a qualified graduate

15 to receive a scholarship to attend such institution under

16 this Act.

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

18 (1) QUALIFIED GRADUATE.—The term ‘‘quali19 fied graduate’’ means an individual who—

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

21 Columbia for not less than the 12 consecutive

22 months preceding the academic year for which

23 the scholarship is sought;

24 (B) begins his or her undergraduate course

25 of study within the 3 calendar years (excluding
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1 any period of service on active duty in the

2 Armed Forces of the United States, in the

3 Peace Corps or Americorps) of graduating from

4 a secondary school, or receiving the recognized

5 equivalent of a secondary school diploma;

6 (C) is enrolled or accepted for enrollment

7 in a degree, certificate, or other program (in8 cluding a program of study abroad approved for

9 credit by the institution at which such student

10 is enrolled) leading to a recognized educational

11 credential at an eligible institution;

12 (D) if the student is presently enrolled at

13 an institution, is maintaining satisfactory

14 progress in the course of study the student is

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

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

17 1091(c));

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

19 States, a permanent resident of the United

20 States, able to provide evidence from the Immi21 gration and Naturalization Service that he or

22 she is in the United States for other than a

23 temporary purpose with the intention of becom24 ing a citizen or permanent resident, or a citizen

25 of the Republic of the Marshall Islands, the
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1 Federated States of Micronesia, or the Republic

2 of Palau;

3 (F) does not owe a refund on grants pre4 viously received under title IV of the Higher

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

6 any loan made, insured, or guaranteed under

7 such title;

8 (G) has not completed his or her first un9 dergraduate baccalaureate course of study; and

10 (H) is not incarcerated.

11 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi12 ble institution’’ means an institution of higher edu13 cation that—

14 (A) is established as a State-supported in15 stitution of higher education by the State in

16 which such institution is located;

17 (B) is eligible to participate in student fi18 nancial assistance programs under title IV of

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

20 1001 et seq.); and

21 (C) has entered into an agreement with the

22 Mayor containing such requirements for the

23 management of funds provided under this Act

24 as the Mayor may specify.
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1 (3) INSTITUTION OF HIGHER EDUCATION.—The

2 term ‘‘institution of higher education’’ has the

3 meaning given that term under section 101 of the

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

5 (4) SECONDARY SCHOOL.—The term ‘‘second6 ary school’’ has the meaning given that term under

7 section 14101 of the Elementary and Secondary

8 Education Act of 1965 (20 U.S.C. 8801).

9 SEC. 5. ADMINISTRATION OF PROGRAM AND FUND.

10 In carrying out the Program and administering the

11 Fund, the Mayor of the District of Columbia—

12 (1) shall consult with the Secretary of Edu13 cation; and

14 (2) may enter into a contract with a nongovern15 mental agency to administer the Program and the

16 Fund if the Mayor determines that it is cost-effec17 tive and appropriate to do so.

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated for payment

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

21 2000 and for each of the 5 succeeding fiscal years.

22 SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNI23 VERSITY OF THE DISTRICT OF COLUMBIA.

24 There is authorized to be appropriated to the Univer25 sity of the District of Columbia for fiscal year 2000 and
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1 each of the 5 succeeding fiscal years such sums as may

2 be necessary to enhance educational opportunities for the

3 University.

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