In the Senate of the United States,

October 19, 1999.

Resolved, That the bill from the House of Representatives (H.R. 974) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 College Access Act of 1999’’.

4 SEC. 2. PURPOSE.

5 It is the purpose of this Act to establish a program

6 that enables college-bound residents of the District of Colum7 bia to have greater choices among institutions of higher edu8 cation.
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1 SEC. 3. PUBLIC SCHOOL PROGRAM.

2 (a) GRANTS.—

3 (1) IN GENERAL.—From amounts appropriated

4 under subsection (i) the Mayor shall award grants to

5 eligible institutions that enroll eligible students to pay

6 the difference between the tuition and fees charged for

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

8 out-of-State students on behalf of each eligible student

9 enrolled in the eligible institution.

10 (2) MAXIMUM STUDENT AMOUNTS.—An eligible

11 student shall have paid on the student’s behalf under

12 this section—

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

14 year (as defined in section 481 of the Higher

15 Education Act of 1965 (20 U.S.C. 1088)); and

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

17 (3) PRORATION.—The Mayor shall prorate pay18 ments under this section for students who attend an

19 eligible institution on less than a full-time basis.

20 (b) REDUCTION FOR INSUFFICIENT APPROPRIA21 TIONS.—

22 (1) IN GENERAL.—If the funds appropriated

23 pursuant to subsection (i) for any fiscal year are in24 sufficient to award a grant in the amount determined

25 under subsection (a) on behalf of each eligible student
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1 enrolled in an eligible institution, then the Mayor

2 shall—

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

4 tuition and fee payment made on behalf of each

5 eligible student who has not received funds under

6 this section for a preceding year; and

7 (B) after making reductions under subpara8 graph (A), ratably reduce the amount of the tui9 tion and fee payments made on behalf of all

10 other eligible students.

11 (2) ADJUSTMENTS.—The Mayor may adjust the

12 amount of tuition and fee payments made under

13 paragraph (1) based on—

14 (A) the financial need of the eligible stu15 dents to avoid undue hardship to the eligible stu16 dents; or

17 (B) undue administrative burdens on the

18 Mayor.

19 (3) FURTHER ADJUSTMENTS.—Notwithstanding

20 paragraphs (1) and (2), the Mayor may prioritize the

21 making or amount of tuition and fee payments under

22 this subsection based on the income and need of eligi23 ble students.

24 (c) DEFINITIONS.—In this section:
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1 (1) ELIGIBLE INSTITUTION.—The term ‘‘eligible

2 institution’’ means an institution that—

3 (A) is a public institution of higher edu4 cation located—

5 (i) in the State of Maryland or the

6 Commonwealth of Virginia; or

7 (ii) outside the State of Maryland or

8 the Commonwealth of Virginia, but only if

9 the Mayor—

10 (I) determines that a significant

11 number of eligible students are experi12 encing difficulty in gaining admission

13 to any public institution of higher edu14 cation located in the State of Mary15 land or the Commonwealth of Virginia

16 because of any preference afforded in17 State residents by the institution;

18 (II) consults with the Committee

19 on Government Reform of the House of

20 Representatives, the Committee on

21 Governmental Affairs of the Senate,

22 and the Secretary regarding expanding

23 the program under this section to in24 clude such institutions located outside
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1 of the State of Maryland or the Com2 monwealth of Virginia; and

3 (III) takes into consideration the

4 projected cost of the expansion and the

5 potential effect of the expansion on the

6 amount of individual tuition and fee

7 payments made under this section in

8 succeeding years;

9 (B) is eligible to participate in the student

10 financial assistance programs under title IV of

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

12 1070 et seq.); and

13 (C) enters into an agreement with the

14 Mayor containing such conditions as the Mayor

15 may specify, including a requirement that the

16 institution use the funds made available under

17 this section to supplement and not supplant as18 sistance that otherwise would be provided to eli19 gible students from the District of Columbia.

20 (2) ELIGIBLE STUDENT.—The term ‘‘eligible stu21 dent’’ means an individual who—

22 (A) was domiciled in the District of Colum23 bia for not less than the 12 consecutive months

24 preceding the commencement of the freshman

25 year at an institution of higher education;
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1 (B) graduated from a secondary school or

2 received the recognized equivalent of a secondary

3 school diploma on or after January 1, 1998;

4 (C) begins the individual’s undergraduate

5 course of study within the 3 calendar years (ex6 cluding any period of service on active duty in

7 the Armed Forces, or service under the Peace

8 Corps Act (22 U.S.C. 2501 et seq.) or subtitle D

9 of title I of the National and Community Service

10 Act of 1990 (42 U.S.C. 12571 et seq.)) of gradua11 tion from a secondary school, or obtaining the

12 recognized equivalent of a secondary school di13 ploma;

14 (D) is enrolled or accepted for enrollment,

15 on at least a half-time basis, in a degree, certifi16 cate, or other program (including a program of

17 study abroad approved for credit by the institu18 tion at which such student is enrolled) leading to

19 a recognized educational credential at an eligible

20 institution;

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

22 maintaining satisfactory progress in the course

23 of study the student is pursuing in accordance

24 with section 484(c) of the Higher Education Act

25 of 1965 (20 U.S.C. 1091(c)); and
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1 (F) has not completed the individual’s first

2 undergraduate baccalaureate course of study.

3 (3) INSTITUTION OF HIGHER EDUCATION.—The

4 term ‘‘institution of higher education’’ has the mean5 ing given the term in section 101 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1001).

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

8 Mayor of the District of Columbia.

9 (5) SECONDARY SCHOOL.—The term ‘‘secondary

10 school’’ has the meaning given that term under sec11 tion 14101 of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 8801).

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

14 the Secretary of Education.

15 (d) CONSTRUCTION.—Nothing in this Act shall be con16 strued to require an institution of higher education to alter

17 the institution’s admissions policies or standards in any

18 manner to enable an eligible student to enroll in the institu19 tion.

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

21 payment under this section shall submit an application to

22 the eligible institution at such time, in such manner, and

23 accompanied by such information as the eligible institution

24 may require.

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

2 program under this section in consultation with the

3 Secretary. The Mayor may enter into a grant, con4 tract, or cooperative agreement with another public or

5 private entity to administer the program under this

6 section if the Mayor determines that doing so is a

7 more efficient way of carrying out the program.

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

9 consultation with institutions of higher education eli10 gible for participation in the program authorized

11 under this section, shall develop policies and proce12 dures for the administration of the program.

13 (3) MEMORANDUM OF AGREEMENT.—The Mayor

14 and the Secretary shall enter into a Memorandum of

15 Agreement that describes—

16 (A) the manner in which the Mayor shall

17 consult with the Secretary with respect to ad18 ministering the program under this section; and

19 (B) any technical or other assistance to be

20 provided to the Mayor by the Secretary for pur21 poses of administering the program under this

22 section (which may include access to the infor23 mation in the common financial reporting form

24 developed under section 483 of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1090)).
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1 (g) MAYOR’S REPORT.—The Mayor shall report to

2 Congress annually regarding—

3 (1) the number of eligible students attending

4 each eligible institution and the amount of the grant

5 awards paid to those institutions on behalf of the eli6 gible students;

7 (2) the extent, if any, to which a ratable reduc8 tion was made in the amount of tuition and fee pay9 ments made on behalf of eligible students; and

10 (3) the progress in obtaining recognized aca11 demic credentials of the cohort of eligible students for

12 each year.

13 (h) GAO REPORT.—Beginning on the date of enact14 ment of this Act, the Comptroller General of the United

15 States shall monitor the effect of the program assisted under

16 this section on educational opportunities for eligible stu17 dents. The Comptroller General shall analyze whether eligi18 ble students had difficulty gaining admission to eligible in19 stitutions because of any preference afforded in-State resi20 dents by eligible institutions, and shall expeditiously report

21 any findings regarding such difficulty to Congress and the

22 Mayor. In addition the Comptroller General shall—

23 (1) analyze the extent to which there are an in24 sufficient number of eligible institutions to which Dis25 trict of Columbia students can gain admission, in-
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1 cluding admission aided by assistance provided under

2 this Act, due to—

3 (A) caps on the number of out-of-State stu4 dents the institution will enroll;

5 (B) significant barriers imposed by aca6 demic entrance requirements (such as grade

7 point average and standardized scholastic admis8 sions tests); and

9 (C) absence of admission programs bene10 fiting minority students;

11 (2) assess the impact of the program assisted

12 under this Act on enrollment at the University of the

13 District of Columbia; and

14 (3) report the findings of the analysis described

15 in paragraph (1) and the assessment described in

16 paragraph (2) to Congress and the Mayor.

17 (i) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated to the District of Columbia

19 to carry out this section $12,000,000 for fiscal year 2000

20 and such sums as may be necessary for each of the 5 suc21 ceeding fiscal years. Such funds shall remain available

22 until expended.

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

24 with respect to payments for periods of instruction that

25 begin on or after January 1, 2000.
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1 SEC. 4. ASSISTANCE TO THE UNIVERSITY OF THE DISTRICT

2 OF COLUMBIA.

3 (a) IN GENERAL.—Subject to subsection (c), the Sec4 retary may provide financial assistance to the University

5 of the District of Columbia for the fiscal year to enable the

6 university to carry out activities authorized under part B

7 of title III of the Higher Education Act of 1965 (20 U.S.C.

8 1060 et seq.).

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

10 authorized to be appropriated to the District of Columbia

11 to carry out this section $1,500,000 for fiscal year 2000

12 and such sums as may be necessary for each of the 5 suc13 ceeding fiscal years.

14 (c) SPECIAL RULE.—For any fiscal year, the Univer15 sity of the District of Columbia may receive financial as16 sistance pursuant to this section, or pursuant to part B

17 of title III of the Higher Education Act of 1965, but not

18 pursuant to both this section and such part B.

19 SEC. 5. PRIVATE SCHOOL PROGRAM.

20 (a) GRANTS.—

21 (1) IN GENERAL.—From amounts appropriated

22 under subsection (f) the Mayor shall award grants to

23 eligible institutions that enroll eligible students to pay

24 the cost of tuition and fees at the eligible institutions

25 on behalf of each eligible student enrolled in an eligi-
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1 ble institution. The Mayor may prescribe such regula2 tions as may be necessary to carry out this section.

3 (2) MAXIMUM STUDENT AMOUNTS.—An eligible

4 student shall have paid on the student’s behalf under

5 this section—

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

7 year (as defined in section 481 of the Higher

8 Education Act of 1965 (20 U.S.C. 1088)); and

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

10 (3) PRORATION.—The Mayor shall prorate pay11 ments under this section for students who attend an

12 eligible institution on less than a full-time basis.

13 (b) REDUCTION FOR INSUFFICIENT APPROPRIA14 TIONS.—

15 (1) IN GENERAL.—If the funds appropriated

16 pursuant to subsection (f) for any fiscal year are in17 sufficient to award a grant in the amount determined

18 under subsection (a) on behalf of each eligible student

19 enrolled in an eligible institution, then the Mayor

20 shall—

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

22 tuition and fee payment made on behalf of each

23 eligible student who has not received funds under

24 this section for a preceding year; and
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1 (B) after making reductions under subpara2 graph (A), ratably reduce the amount of the tui3 tion and fee payments made on behalf of all

4 other eligible students.

5 (2) ADJUSTMENTS.—The Mayor may adjust the

6 amount of tuition and fee payments made under

7 paragraph (1) based on—

8 (A) the financial need of the eligible stu9 dents to avoid undue hardship to the eligible stu10 dents; or

11 (B) undue administrative burdens on the

12 Mayor.

13 (3) FURTHER ADJUSTMENTS.—Notwithstanding

14 paragraphs (1) and (2), the Mayor may prioritize the

15 making or amount of tuition and fee payments under

16 this subsection based on the income and need of eligi17 ble students.

18 (c) DEFINITIONS.—In this section:

19 (1) ELIGIBLE INSTITUTION.—The term ‘‘eligible

20 institution’’ means an institution that—

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

22 baccalaureate degree-granting, institution of

23 higher education, as defined in section 101(a) of

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

25 1001(a)), the main campus of which is located—
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1 (I) in the District of Columbia;

2 (II) in the city of Alexandria, Falls

3 Church, or Fairfax, or the county of Arling4 ton or Fairfax, in the Commonwealth of

5 Virginia, or a political subdivision of the

6 Commonwealth of Virginia located within

7 any such county; or

8 (III) in the county of Montgomery or

9 Prince George’s in the State of Maryland,

10 or a political subdivision of the State of

11 Maryland located within any such county;

12 (ii) is eligible to participate in the student

13 financial assistance programs under title IV of

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

15 1070 et seq.); and

16 (iii) enters into an agreement with the

17 Mayor containing such conditions as the Mayor

18 may specify, including a requirement that the

19 institution use the funds made available under

20 this section to supplement and not supplant as21 sistance that otherwise would be provided to eli22 gible students from the District of Columbia; or

23 (B) is a private historically Black college or

24 university (for purposes of this subparagraph

25 such term shall have the meaning given the term
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1 ‘‘part B institution’’ in section 322(2) of the

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

3 1061(2)) the main campus of which is located in

4 the State of Maryland or the Commonwealth of

5 Virginia.

6 (2) ELIGIBLE STUDENT.—The term ‘‘eligible stu7 dent’’ means an individual who meets the require8 ments of subparagraphs (A) through (F) of section

9 3(c)(2).

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

11 Mayor of the District of Columbia.

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

13 the Secretary of Education.

14 (d) APPLICATION.—Each eligible student desiring a

15 tuition and fee payment under this section shall submit an

16 application to the eligible institution at such time, in such

17 manner, and accompanied by such information as the eligi18 ble institution may require.

19 (e) ADMINISTRATION OF PROGRAM.—

20 (1) IN GENERAL.—The Mayor shall carry out the

21 program under this section in consultation with the

22 Secretary. The Mayor may enter into a grant, con23 tract, or cooperative agreement with another public or

24 private entity to administer the program under this
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1 section if the Mayor determines that doing so is a

2 more efficient way of carrying out the program.

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

4 consultation with institutions of higher education eli5 gible for participation in the program authorized

6 under this section, shall develop policies and proce7 dures for the administration of the program.

8 (3) MEMORANDUM OF AGREEMENT.—The Mayor

9 and the Secretary shall enter into a Memorandum of

10 Agreement that describes—

11 (A) the manner in which the Mayor shall

12 consult with the Secretary with respect to ad13 ministering the program under this section; and

14 (B) any technical or other assistance to be

15 provided to the Mayor by the Secretary for pur16 poses of administering the program under this

17 section.

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated to the District of Columbia

20 to carry out this section $5,000,000 for fiscal year 2000

21 and such sums as may be necessary for each of the 5 suc22 ceeding fiscal years. Such funds shall remain available

23 until expended.
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1 (g) EFFECTIVE DATE.—This section shall take effect

2 with respect to payments for periods of instruction that

3 begin on or after January 1, 2000.

4 SEC. 6. GENERAL REQUIREMENTS.

5 (a) PERSONNEL.—The Secretary of Education shall

6 arrange for the assignment of an individual, pursuant to

7 subchapter VI of chapter 33 of title 5, United States Code,

8 to serve as an adviser to the Mayor of the District of Colum9 bia with respect to the programs assisted under this Act.

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

11 District of Columbia may use not more than 7 percent of

12 the funds made available for a program under section 3

13 or 5 for a fiscal year to pay the administrative expenses

14 of a program under section 3 or 5 for the fiscal year.

15 (c) INSPECTOR GENERAL REVIEW.—Each of the pro16 grams assisted under this Act shall be subject to audit and

17 other review by the Inspector General of the Department

18 of Education in the same manner as programs are audited

19 and reviewed under the Inspector General Act of 1978 (5

20 U.S.C. App.).

21 (d) GIFTS.—The Mayor of the District of Columbia

22 may accept, use, and dispose of donations of services or

23 property for purposes of carrying out this Act.

24 (e) FUNDING RULE.—Notwithstanding sections 3 and

25 5, the Mayor may use funds made available—
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1 (1) under section 3 to award grants under sec2 tion 5 if the amount of funds made available under

3 section 3 exceeds the amount of funds awarded under

4 section 3 during a time period determined by the

5 Mayor; and

6 (2) under section 5 to award grants under sec7 tion 3 if the amount of funds made available under

8 section 5 exceeds the amount of funds awarded under

9 section 5 during a time period determined by the

10 Mayor.

11 (f) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.—The

12 Mayor shall establish rules to adjust the maximum student

13 amounts described in sections 3(a)(2)(B) and 5(a)(2)(B) for

14 eligible students described in section 3(c)(2) or 5(c)(2) who

15 transfer between the eligible institutions described in section

16 3(c)(1) or 5(c)(1).

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 974

AMENDMENT