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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 974 Reported in Senate (RS)]

                                                       Calendar No. 275

106th CONGRESS

  1st Session

                               H. R. 974

                          [Report No. 106-154]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 9, 1999

                       Reported with an amendment
                                                       Calendar No. 275
106th CONGRESS
  1st Session
                                H. R. 974

                          [Report No. 106-154]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

                           September 9, 1999

              Reported by Mr. Thompson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``District of Columbia 
College Access Act''.</DELETED>

<DELETED>SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PROGRAM.</DELETED>

<DELETED>    There is hereby established the District of Columbia 
College Access Scholarship Program (hereafter in this Act referred to 
as the ``Program'') under which the Mayor of the District of Columbia 
shall award scholarships in accordance with section 4 using amounts in 
the District of Columbia College Access Fund established under section 
3.</DELETED>

<DELETED>SEC. 3. DISTRICT OF COLUMBIA COLLEGE ACCESS FUND.</DELETED>

<DELETED>    (a) Establishment.--There is hereby established on the 
books of the government of the District of Columbia the District of 
Columbia College Access Fund (hereafter in this Act referred to as the 
``Fund''), which shall consist of the following amounts:</DELETED>
        <DELETED>    (1) Amounts appropriated to the Fund under 
        law.</DELETED>
        <DELETED>    (2) Gifts and bequests.</DELETED>
        <DELETED>    (3) Refunds paid under section 4(b)(4).</DELETED>
        <DELETED>    (4) Interest earned on the balance of the 
        Fund.</DELETED>
<DELETED>    (b) Administration.--The Mayor of the District of Columbia 
shall administer the Fund, in consultation with the Secretary of 
Education.</DELETED>
<DELETED>    (c) Use of Fund.--</DELETED>
        <DELETED>    (1) In general.--Amounts in the Fund shall be used 
        solely to award scholarships in accordance with section 4, 
        except that not more than 10 percent of the balance of the Fund 
        with respect to a fiscal year may be used for the 
        administration of the Fund during such year.</DELETED>
        <DELETED>    (2) Determination of amount available for 
        scholarships.--With respect to each academic year for which 
        scholarships may be awarded under this Act, the Mayor shall 
        determine the amount available from the Fund for awarding 
        scholarships.</DELETED>
<DELETED>    (d) Investment.--The Mayor shall invest such portion of 
the Fund as is not in the judgment of the Mayor required to make 
current payments for scholarships. Such investments shall be in such 
form as the Mayor considers appropriate.</DELETED>

<DELETED>SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM.</DELETED>

<DELETED>    (a) Applications.--Any qualified graduate seeking a 
scholarship under the Program shall submit an application to the Mayor 
in such form and containing such information as the Mayor may prescribe 
by regulation. The Mayor shall make applications for scholarships under 
the Program available not later than October 1 of the academic year 
preceding the academic year for which the scholarships will be awarded, 
and shall announce the recipients of scholarships under this section 
not later than a date determined by the Mayor in consultation with the 
Secretary of Education.</DELETED>
<DELETED>    (b) Awards Authorized.--</DELETED>
        <DELETED>    (1) Awards to each qualified graduate.--</DELETED>
                <DELETED>    (A) In general.--From the amount available 
                from the Fund under section 3(c)(2) for any academic 
                year, the Mayor shall award scholarships to each 
                qualified graduate submitting an application that is 
                approved pursuant to subsection (a).</DELETED>
                <DELETED>    (B) Awards to students at eligible public 
                institutions based on in-state tuition.--Subject to 
                subparagraph (D) and paragraph (2), such scholarship 
                shall provide, for attendance at an eligible public 
                institution located outside the District of Columbia, 
                an amount equal to the difference between--</DELETED>
                        <DELETED>    (i) the amount of the tuition 
                        normally charged by that institution to a 
                        student who is not a resident of the State in 
                        which that institution is located for the 
                        program of instruction in which the qualified 
                        graduate is enrolled or accepted for 
                        enrollment; and</DELETED>
                        <DELETED>    (ii) the amount of the tuition 
                        normally charged by that institution to a 
                        student who is a resident of such State for 
                        such program of instruction, or the amount of 
                        the tuition normally charged by that 
                        institution to a student who is a resident of 
                        the county in which the institution is located 
                        for such program of instruction, whichever is 
                        less.</DELETED>
                <DELETED>    (C) Tuition assistance grants to students 
                at eligible private institutions.--Subject to paragraph 
                (2), such scholarship shall provide, for attendance at 
                an eligible private institution, a tuition assistance 
                grant in a uniform amount determined by the Mayor, not 
                to exceed $3,000 for the academic year.</DELETED>
                <DELETED>    (D) Cap on amount provided.--The amount of 
                a scholarship provided to an individual under 
                subparagraph (B) for an academic year may not exceed 
                $10,000.</DELETED>
        <DELETED>    (2) Ratable reduction if funds insufficient.--If 
        the amount available from the Fund under section 3(c)(2) for 
        any academic year is not sufficient to pay the scholarship 
        amount determined under paragraph (1) for each qualified 
        graduate submitting an application that is approved pursuant to 
        subsection (a), the amount of such scholarships shall be 
        ratably reduced. If additional sums become available for such 
        academic year, such reduced scholarships shall be increased on 
        the same basis as they were reduced (until the amount allotted 
        equals the amount determined under paragraph (1)).</DELETED>
        <DELETED>    (3) Disbursement.--The scholarships awarded under 
        this section shall be disbursed to the eligible institution at 
        which the qualified graduate is enrolled or accepted for 
        enrollment by check or other means that is payable to and 
        requires the endorsement or other certification by such 
        graduate.</DELETED>
        <DELETED>    (4) Refunds.--The Mayor may prescribe such 
        regulations as may be necessary to provide for the refund to 
        the Fund of a portion of the amount awarded under this section 
        in the event a recipient of a scholarship under this section 
        withdraws from an institution during a period of enrollment in 
        which the recipient began attendance.</DELETED>
<DELETED>    (c) Rule of 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 in order 
for a qualified graduate to receive a scholarship to attend such 
institution under this Act.</DELETED>
<DELETED>    (d) Definitions.--As used in this section:</DELETED>
        <DELETED>    (1) Qualified graduate.--The term ``qualified 
        graduate'' means an individual who--</DELETED>
                <DELETED>    (A) has been a resident of the District of 
                Columbia for not less than the 12 consecutive months 
                preceding the academic year for which the scholarship 
                is sought;</DELETED>
                <DELETED>    (B) begins his or her undergraduate course 
                of study within the 3 calendar years (excluding any 
                period of service on active duty in the Armed Forces of 
                the United States, in the Peace Corps or Americorps) of 
                graduating from a secondary school, or receiving the 
                recognized equivalent of a secondary school 
                diploma;</DELETED>
                <DELETED>    (C) is enrolled or accepted for enrollment 
                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;</DELETED>
                <DELETED>    (D) if the student is presently enrolled 
                at an institution, is maintaining satisfactory progress 
                in the course of study the student is pursuing, as 
                determined under section 484(c) of the Higher Education 
                Act of 1965 (20 U.S.C. 1091(c));</DELETED>
                <DELETED>    (E) is a citizen or national of the United 
                States, a permanent resident of the United States, able 
                to provide evidence from the Immigration and 
                Naturalization Service that he or she is in the United 
                States for other than a temporary purpose with the 
                intention of becoming a citizen or permanent resident, 
                or a citizen of the Republic of the Marshall Islands, 
                the Federated States of Micronesia, or the Republic of 
                Palau;</DELETED>
                <DELETED>    (F) does not owe a refund on grants 
                previously received under title IV of the Higher 
                Education Act of 1965, and is not in default on any 
                loan made, insured, or guaranteed under such 
                title;</DELETED>
                <DELETED>    (G) has not completed his or her first 
                undergraduate baccalaureate course of study; 
                and</DELETED>
                <DELETED>    (H) is not incarcerated.</DELETED>
        <DELETED>    (2) Eligible institution.--The term ``eligible 
        institution'' means eligible public institution or an eligible 
        private institution.</DELETED>
        <DELETED>    (3) Eligible public institution.--The term 
        ``eligible public institution'' means an institution of higher 
        education that--</DELETED>
                <DELETED>    (A) is established as a State-supported 
                institution of higher education by the State in which 
                such institution is located;</DELETED>
                <DELETED>    (B) is eligible to participate in student 
                financial assistance programs under title IV of the 
                Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); 
                and</DELETED>
                <DELETED>    (C) has entered into an agreement with the 
                Mayor containing such requirements for the management 
                of funds provided under this Act as the Mayor may 
                specify, including a requirement that the institution 
                use the funds to supplement and not supplant assistance 
                that otherwise would be provided to students from the 
                District of Columbia.</DELETED>
        <DELETED>    (4) Eligible private institution.--The term 
        ``eligible private institution'' means an institution of higher 
        education that--</DELETED>
                <DELETED>    (A) is located in the District of 
                Columbia, the State of Maryland, or the Commonwealth of 
                Virginia;</DELETED>
                <DELETED>    (B) is not established as a State-
                supported institution of higher education by the State 
                in which such institution is located;</DELETED>
                <DELETED>    (C) is eligible to participate in student 
                financial assistance programs under title IV of the 
                Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); 
                and</DELETED>
                <DELETED>    (D) has entered into an agreement with the 
                Mayor containing such requirements for the management 
                of funds provided under this Act as the Mayor may 
                specify, including a requirement that the institution 
                use the funds to supplement and not supplant assistance 
                that otherwise would be provided to students from the 
                District of Columbia.</DELETED>
        <DELETED>    (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term under section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).</DELETED>
        <DELETED>    (6) 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).</DELETED>

<DELETED>SEC. 5. ADMINISTRATION OF PROGRAM AND FUND.</DELETED>

<DELETED>    In carrying out the Program and administering the Fund, 
the Mayor of the District of Columbia--</DELETED>
        <DELETED>    (1) shall consult with the Secretary of Education; 
        and</DELETED>
        <DELETED>    (2) may enter into a contract with a 
        nongovernmental agency to administer the Program and the Fund 
        if the Mayor determines that it is cost-effective and 
        appropriate to do so.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated for payment to the 
Fund such sums as may be necessary for fiscal year 2000 and for each of 
the 5 succeeding fiscal years.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNIVERSITY OF THE 
              DISTRICT OF COLUMBIA.</DELETED>

<DELETED>    There is authorized to be appropriated to the University 
of the District of Columbia for fiscal year 2000 and each of the 5 
succeeding fiscal years such sums as may be necessary to enhance 
educational opportunities for the University.</DELETED>

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
                    (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.
    (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;
                    (B) graduated from a secondary school or received 
                the recognized equivalent of a secondary school diploma 
                on or after January 1, 1999;
                    (C) begins the individual's undergraduate course of 
                study within the 3 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--
                    (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 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 5 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.

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 5 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.
    (c) Definitions.--In this section:
            (1) Eligible institution.--The term ``eligible 
        institution'' means an institution that--
                    (A) 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;
                    (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 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--
                    (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 5 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 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).
```