Calendar No. 275 

106TH CONGRESS 

1ST SESSION H. R. 974 

[Report No. 106–154] 

AN ACT 

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 

SEPTEMBER 9, 1999 

Reported with an amendment 


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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. 

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 SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM. 

15 (a) APPLICATIONS.—Any qualified graduate seeking 

16 a scholarship under the Program shall submit an applica17 tion to the Mayor in such form and containing such infor18 mation as the Mayor may prescribe by regulation. The 

19 Mayor shall make applications for scholarships under the 

20 Program available not later than October 1 of the aca21 demic year preceding the academic year for which the 

22 scholarships will be awarded, and shall announce the re23 cipients of scholarships under this section not later than 

24 a date determined by the Mayor in consultation with the 

25 Secretary of Education. 


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1 (b) AWARDS AUTHORIZED.— 

2 (1) AWARDS TO EACH QUALIFIED GRADUATE.— 

3 (A) IN GENERAL.—From the amount 

4 available from the Fund under section 3(c)(2) 

5 for any academic year, the Mayor shall award 

6 scholarships to each qualified graduate submit7 ting an application that is approved pursuant to 

8 subsection (a). 

9 (B) AWARDS TO STUDENTS AT ELIGIBLE

10 PUBLIC INSTITUTIONS BASED ON IN-STATE TUI11 TION.—Subject to subparagraph (D) and para12 graph (2), such scholarship shall provide, for 

13 attendance at an eligible public institution lo14 cated outside the District of Columbia, an 

15 amount equal to the difference between— 

16 (i) the amount of the tuition normally 

17 charged by that institution to a student 

18 who is not a resident of the State in which 

19 that institution is located for the program 

20 of instruction in which the qualified grad21 uate is enrolled or accepted for enrollment; 

22 and 

23 (ii) the amount of the tuition normally 

24 charged by that institution to a student 

25 who is a resident of such State for such 


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1 program of instruction, or the amount of 

2 the tuition normally charged by that insti3 tution to a student who is a resident of the 

4 county in which the institution is located 

5 for such program of instruction, whichever 

6 is less. 

7 (C) TUITION ASSISTANCE GRANTS TO STU8 DENTS AT ELIGIBLE PRIVATE INSTITUTIONS.— 

9 Subject to paragraph (2), such scholarship shall 

10 provide, for attendance at an eligible private in11 stitution, a tuition assistance grant in a uni12 form amount determined by the Mayor, not to 

13 exceed $3,000 for the academic year. 

14 (D) CAP ON AMOUNT PROVIDED.—The 

15 amount of a scholarship provided to an indi16 vidual under subparagraph (B) for an academic 

17 year may not exceed $10,000. 

18 (2) RATABLE REDUCTION IF FUNDS INSUFFI19 CIENT.—If the amount available from the Fund 

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

21 sufficient to pay the scholarship amount determined 

22 under paragraph (1) for each qualified graduate 

23 submitting an application that is approved pursuant 

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

25 shall be ratably reduced. If additional sums become 


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1 available for such academic year, such reduced schol2 arships shall be increased on the same basis as they 

3 were reduced (until the amount allotted equals the 

4 amount determined under paragraph (1)). 

5 (3) DISBURSEMENT.—The scholarships award6 ed under this section shall be disbursed to the eligi7 ble institution at which the qualified graduate is en8 rolled or accepted for enrollment by check or other 

9 means that is payable to and requires the endorse10 ment or other certification by such graduate. 

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

12 regulations as may be necessary to provide for the 

13 refund to the Fund of a portion of the amount 

14 awarded under this section in the event a recipient 

15 of a scholarship under this section withdraws from 

16 an institution during a period of enrollment in which 

17 the recipient began attendance. 

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

19 shall be construed to require an institution of higher edu20 cation to alter the institution’s admissions policies or 

21 standards in any manner in order for a qualified graduate 

22 to receive a scholarship to attend such institution under 

23 this Act. 

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


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1 (1) QUALIFIED GRADUATE.—The term ‘‘quali2 fied graduate’’ means an individual who— 

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

4 Columbia for not less than the 12 consecutive 

5 months preceding the academic year for which 

6 the scholarship is sought; 

7 (B) begins his or her undergraduate course 

8 of study within the 3 calendar years (excluding 

9 any period of service on active duty in the 

10 Armed Forces of the United States, in the 

11 Peace Corps or Americorps) of graduating from 

12 a secondary school, or receiving the recognized 

13 equivalent of a secondary school diploma; 

14 (C) is enrolled or accepted for enrollment 

15 in a degree, certificate, or other program (in16 cluding a program of study abroad approved for 

17 credit by the institution at which such student 

18 is enrolled) leading to a recognized educational 

19 credential at an eligible institution; 

20 (D) if the student is presently enrolled at 

21 an institution, is maintaining satisfactory 

22 progress in the course of study the student is 

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

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

25 1091(c)); 


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

2 States, a permanent resident of the United 

3 States, able to provide evidence from the Immi4 gration and Naturalization Service that he or 

5 she is in the United States for other than a 

6 temporary purpose with the intention of becom7 ing a citizen or permanent resident, or a citizen 

8 of the Republic of the Marshall Islands, the 

9 Federated States of Micronesia, or the Republic 

10 of Palau; 

11 (F) does not owe a refund on grants pre12 viously received under title IV of the Higher 

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

14 any loan made, insured, or guaranteed under 

15 such title; 

16 (G) has not completed his or her first un17 dergraduate baccalaureate course of study; and 

18 (H) is not incarcerated. 

19 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi20 ble institution’’ means eligible public institution or 

21 an eligible private institution. 

22 (3) ELIGIBLE PUBLIC INSTITUTION.—The term 

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

24 higher education that— 


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1 (A) is established as a State-supported in2 stitution of higher education by the State in 

3 which such institution is located; 

4 (B) is eligible to participate in student fi5 nancial assistance programs under title IV of 

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

7 1001 et seq.); and 

8 (C) has entered into an agreement with the 

9 Mayor containing such requirements for the 

10 management of funds provided under this Act 

11 as the Mayor may specify, including a require12 ment that the institution use the funds to sup13 plement and not supplant assistance that other14 wise would be provided to students from the 

15 District of Columbia. 

16 (4) ELIGIBLE PRIVATE INSTITUTION.—The 

17 term ‘‘eligible private institution’’ means an institu18 tion of higher education that— 

19 (A) is located in the District of Columbia, 

20 the State of Maryland, or the Commonwealth of 

21 Virginia; 

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

23 institution of higher education by the State in 

24 which such institution is located; 


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1 (C) is eligible to participate in student fi2 nancial assistance programs under title IV of 

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

4 1001 et seq.); and 

5 (D) has entered into an agreement with 

6 the Mayor containing such requirements for the 

7 management of funds provided under this Act 

8 as the Mayor may specify, including a require9 ment that the institution use the funds to sup10 plement and not supplant assistance that other11 wise would be provided to students from the 

12 District of Columbia. 

13 (5) INSTITUTION OF HIGHER EDUCATION.—The 

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

15 meaning given that term under section 101 of the 

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

17 (6) SECONDARY SCHOOL.—The term ‘‘sec18 ondary school’’ has the meaning given that term 

19 under section 14101 of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 8801). 

21 SEC. 5. ADMINISTRATION OF PROGRAM AND FUND. 

22 In carrying out the Program and administering the 

23 Fund, the Mayor of the District of Columbia— 

24 (1) shall consult with the Secretary of Edu25 cation; and 


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1 (2) may enter into a contract with a nongovern2 mental agency to administer the Program and the 

3 Fund if the Mayor determines that it is cost-effec4 tive and appropriate to do so. 

5 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated for payment 

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

8 2000 and for each of the 5 succeeding fiscal years. 

9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNI10 VERSITY OF THE DISTRICT OF COLUMBIA. 

11 There is authorized to be appropriated to the Univer12 sity of the District of Columbia for fiscal year 2000 and 

13 each of the 5 succeeding fiscal years such sums as may 

14 be necessary to enhance educational opportunities for the 

15 University. 

16 SECTION 1. SHORT TITLE. 

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

18 College Access Act of 1999’’. 

19 SEC. 2. PURPOSE. 

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

21 that enables college-bound residents of the District of Colum22 bia to have greater choices among institutions of higher edu23 cation. 

24 SEC. 3. PUBLIC SCHOOL PROGRAM. 

25 (a) GRANTS.— 


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1 (1) IN GENERAL.—From amounts appropriated 

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

3 eligible institutions that enroll eligible students to pay 

4 the difference between the tuition and fees charged for 

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

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

7 enrolled in the eligible institution. 

8 (2) MAXIMUM STUDENT AMOUNTS.—An eligible 

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

10 this section— 

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

12 year (as defined in section 481 of the Higher 

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

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

15 (3) PRORATION.—The Mayor shall prorate pay16 ments under this section for students who attend an 

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

18 (b) REDUCTION FOR INSUFFICIENT APPROPRIA19 TIONS.— 

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

21 pursuant to subsection (i) for any fiscal year are in22 sufficient to award a grant in the amount determined 

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

24 enrolled in an eligible institution, then the Mayor 

25 shall— 


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

2 tuition and fee payment made on behalf of each 

3 eligible student who has not received funds under 

4 this section for a preceding year; and 

5 (B) after making reductions under subpara6 graph (A), ratably reduce the amount of the tui7 tion and fee payments made on behalf of all 

8 other eligible students. 

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

10 amount of tuition and fee payments made under 

11 paragraph (1) based on— 

12 (A) the financial need of the eligible stu13 dents to avoid undue hardship to the eligible stu14 dents; or 

15 (B) undue administrative burdens on the 

16 Mayor. 

17 (c) DEFINITIONS.—In this section: 

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

19 institution’’ means an institution that— 

20 (A) is a public institution of higher edu21 cation located— 

22 (i) in the State of Maryland or the 

23 Commonwealth of Virginia; or 


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1 (ii) outside the State of Maryland or 

2 the Commonwealth of Virginia, but only if 

3 the Mayor— 

4 (I) determines that a significant 

5 number of eligible students are experi6 encing difficulty in gaining admission 

7 to any public institution of higher edu8 cation located in the State of Mary9 land or the Commonwealth of Virginia 

10 because of any preference afforded in11 State residents by the institution; 

12 (II) consults with the Committee 

13 on Government Reform of the House of 

14 Representatives, the Committee on 

15 Governmental Affairs of the Senate, 

16 and the Secretary regarding expanding 

17 the program under this section to in18 clude such institutions located outside 

19 of the State of Maryland or the Com20 monwealth of Virginia; and 

21 (III) takes into consideration the 

22 projected cost of the expansion and the 

23 potential effect of the expansion on the 

24 amount of individual tuition and fee 


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1 payments made under this section in 

2 succeeding years; 

3 (B) is eligible to participate in the student 

4 financial assistance programs under title IV of 

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

6 1070 et seq.); and 

7 (C) enters into an agreement with the 

8 Mayor containing such conditions as the Mayor 

9 may specify, including a requirement that the 

10 institution use the funds made available under 

11 this section to supplement and not supplant as12 sistance that otherwise would be provided to eli13 gible students from the District of Columbia. 

14 (2) ELIGIBLE STUDENT.—The term ‘‘eligible stu15 dent’’ means an individual who— 

16 (A) was domiciled in the District of Colum17 bia for not less than the 12 consecutive months 

18 preceding the commencement of the freshman 

19 year at an institution of higher education; 

20 (B) graduated from a secondary school or 

21 received the recognized equivalent of a secondary 

22 school diploma on or after January 1, 1999; 

23 (C) begins the individual’s undergraduate 

24 course of study within the 3 calendar years (ex25 cluding any period of service on active duty in 


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1 the Armed Forces, or service under the Peace 

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

3 of title I of the National and Community Service 

4 Act of 1990 (42 U.S.C. 12571 et seq.)) of gradua5 tion from a secondary school, or obtaining the rec6 ognized equivalent of a secondary school diploma; 

7 (D) is enrolled or accepted for enrollment, 

8 on at least a half-time basis, in a degree, certifi9 cate, or other program (including a program of 

10 study abroad approved for credit by the institu11 tion at which such student is enrolled) leading to 

12 a recognized educational credential at an eligible 

13 institution; 

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

15 maintaining satisfactory progress in the course 

16 of study the student is pursuing in accordance 

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

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

19 (F) has not completed the individual’s first 

20 undergraduate baccalaureate course of study. 

21 (3) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the mean23 ing given the term in section 101 of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1001). 


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

2 Mayor of the District of Columbia. 

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

4 school’’ has the meaning given that term under sec5 tion 14101 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 8801). 

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

8 the Secretary of Education. 

9 (d) CONSTRUCTION.—Nothing in this Act shall be con10 strued to require an institution of higher education to alter 

11 the institution’s admissions policies or standards in any 

12 manner to enable an eligible student to enroll in the institu13 tion. 

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

15 payment under this section shall submit an application to 

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

17 accompanied by such information as the eligible institution 

18 may require. 

19 (f) 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 (which may include access to the infor18 mation in the common financial reporting form 

19 developed under section 483 of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1090)). 

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

22 Congress annually regarding— 

23 (1) the number of eligible students attending 

24 each eligible institution and the amount of the grant 

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1 awards paid to those institutions on behalf of the eli2 gible students; 

3 (2) the extent, if any, to which a ratable reduc4 tion was made in the amount of tuition and fee pay5 ments made on behalf of eligible students; and 

6 (3) the progress in obtaining recognized aca7 demic credentials of the cohort of eligible students for 

8 each year. 

9 (h) GAO REPORT.—Beginning on the date of enact10 ment of this Act, the Comptroller General of the United 

11 States shall monitor the effect of the program assisted under 

12 this section on educational opportunities for eligible stu13 dents. The Comptroller General shall analyze whether eligi14 ble students had difficulty gaining admission to eligible in15 stitutions because of any preference afforded in-State resi16 dents by eligible institutions, and shall expeditiously report 

17 any findings regarding such difficulty to Congress and the 

18 Mayor. In addition the Comptroller General shall— 

19 (1) analyze the extent to which there are an in20 sufficient number of eligible institutions to which Dis21 trict of Columbia students can gain admission, in22 cluding admission aided by assistance provided under 

23 this Act, due to— 

24 (A) caps on the number of out-of-State stu25 dents the institution will enroll; 


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1 (B) significant barriers imposed by aca2 demic entrance requirements (such as grade 

3 point average and standardized scholastic admis4 sions tests); and 

5 (C) absence of admission programs bene6 fiting minority students; 

7 (2) assess the impact of the program assisted 

8 under this Act on enrollment at the University of the 

9 District of Columbia; and 

10 (3) report the findings of the analysis described 

11 in paragraph (1) and the assessment described in 

12 paragraph (2) to Congress and the Mayor. 

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated to the District of Columbia 

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

16 and such sums as may be necessary for each of the 5 suc17 ceeding fiscal years. Such funds shall remain available 

18 until expended. 

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

20 with respect to payments for periods of instruction that 

21 begin on or after January 1, 2000. 

22 SEC. 4. ASSISTANCE TO THE UNIVERSITY OF THE DISTRICT 

23 OF COLUMBIA. 

24 (a) IN GENERAL.—Subject to subsection (c), the Sec25 retary may provide financial assistance to the University 


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

2 university to carry out activities authorized under part B 

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

4 1060 et seq.). 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated to the District of Columbia 

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

8 and such sums as may be necessary for each of the 5 suc9 ceeding fiscal years. 

10 (c) SPECIAL RULE.—For any fiscal year, the Univer11 sity of the District of Columbia may receive financial as12 sistance pursuant to this section, or pursuant to part B 

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

14 pursuant to both this section and such part B. 

15 SEC. 5. PRIVATE SCHOOL PROGRAM. 

16 (a) GRANTS.— 

17 (1) IN GENERAL.—From amounts appropriated 

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

19 eligible institutions that enroll eligible students to pay 

20 the cost of tuition and fees at the eligible institutions 

21 on behalf of each eligible student enrolled in an eligi22 ble institution. The Mayor may prescribe such regula23 tions as may be necessary to carry out this section. 


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1 (2) MAXIMUM STUDENT AMOUNTS.—An eligible 

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

3 this section— 

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

5 year (as defined in section 481 of the Higher 

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

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

8 (3) PRORATION.—The Mayor shall prorate pay9 ments under this section for students who attend an 

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

11 (b) REDUCTION FOR INSUFFICIENT APPROPRIA12 TIONS.— 

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

14 pursuant to subsection (f) for any fiscal year are in15 sufficient to award a grant in the amount determined 

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

17 enrolled in an eligible institution, then the Mayor 

18 shall— 

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

20 tuition and fee payment made on behalf of each 

21 eligible student who has not received funds under 

22 this section for a preceding year; and 

23 (B) after making reductions under subpara24 graph (A), ratably reduce the amount of the tuiVerDate Aug 31 2005 10:57 May 09, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\PICKUP\H974.RS H974

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1 tion and fee payments made on behalf of all 

2 other eligible students. 

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

4 amount of tuition and fee payments made under 

5 paragraph (1) based on— 

6 (A) the financial need of the eligible stu7 dents to avoid undue hardship to the eligible stu8 dents; or 

9 (B) undue administrative burdens on the 

10 Mayor. 

11 (c) DEFINITIONS.—In this section: 

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

13 institution’’ means an institution that— 

14 (A) is a private, nonprofit, associate or bac15 calaureate degree-granting, institution of higher 

16 education, as defined in section 101(a) of the 

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

18 1001(a)), the main campus of which is located— 

19 (i) in the District of Columbia; 

20 (ii) in the city of Alexandria, Falls 

21 Church, or Fairfax, or the county of Arling22 ton or Fairfax, in the Commonwealth of 

23 Virginia, or a political subdivision of the 

24 Commonwealth of Virginia located within 

25 any such county; or 


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1 (iii) in the county of Montgomery or 

2 Prince George’s in the State of Maryland, 

3 or a political subdivision of the State of 

4 Maryland located within any such county; 

5 (B) is eligible to participate in the student 

6 financial assistance programs under title IV of 

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

8 1070 et seq.); and 

9 (C) enters into an agreement with the 

10 Mayor containing such conditions as the Mayor 

11 may specify, including a requirement that the 

12 institution use the funds made available under 

13 this section to supplement and not supplant as14 sistance that otherwise would be provided to eli15 gible students from the District of Columbia. 

16 (2) ELIGIBLE STUDENT.—The term ‘‘eligible stu17 dent’’ means an individual who meets the require18 ments of subparagraphs (A) through (F) of section 

19 3(c)(2). 

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

21 Mayor of the District of Columbia. 

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

23 the Secretary of Education. 

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

25 tuition and fee payment under this section shall submit an 


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

2 manner, and accompanied by such information as the eligi3 ble institution may require. 

4 (e) ADMINISTRATION OF PROGRAM.— 

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

6 program under this section in consultation with the 

7 Secretary. The Mayor may enter into a grant, con8 tract, or cooperative agreement with another public or 

9 private entity to administer the program under this 

10 section if the Mayor determines that doing so is a 

11 more efficient way of carrying out the program. 

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

13 consultation with institutions of higher education eli14 gible for participation in the program authorized 

15 under this section, shall develop policies and proce16 dures for the administration of the program. 

17 (3) MEMORANDUM OF AGREEMENT.—The Mayor 

18 and the Secretary shall enter into a Memorandum of 

19 Agreement that describes— 

20 (A) the manner in which the Mayor shall 

21 consult with the Secretary with respect to ad22 ministering the program under this section; and 

23 (B) any technical or other assistance to be 

24 provided to the Mayor by the Secretary for purVerDate Aug 31 2005 10:57 May 09, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\PICKUP\H974.RS H974

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• HR 974 RS 

1 poses of administering the program under this 

2 section. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to the District of Columbia 

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

6 and such sums as may be necessary for each of the 5 suc7 ceeding fiscal years. Such funds shall remain available 

8 until expended. 

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

10 with respect to payments for periods of instruction that 

11 begin on or after January 1, 2000. 

12 SEC. 6. GENERAL REQUIREMENTS. 

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

14 arrange for the assignment of an individual, pursuant to 

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

16 to serve as an adviser to the Mayor of the District of Colum17 bia with respect to the programs assisted under this Act. 

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

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

20 the funds made available for a program under section 3 

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

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

23 (c) INSPECTOR GENERAL REVIEW.—Each of the pro24 grams assisted under this Act shall be subject to audit and 

25 other review by the Inspector General of the Department 


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• HR 974 RS 

1 of Education in the same manner as programs are audited 

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

3 U.S.C. App.). 

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

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

6 property for purposes of carrying out this Act. 

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

8 5, the Mayor may use funds made available— 

9 (1) under section 3 to award grants under sec10 tion 5 if the amount of funds made available under 

11 section 3 exceeds the amount of funds awarded under 

12 section 3 during a time period determined by the 

13 Mayor; and 

14 (2) under section 5 to award grants under sec15 tion 3 if the amount of funds made available under 

16 section 5 exceeds the amount of funds awarded under 

17 section 5 during a time period determined by the 

18 Mayor. 

19 (f) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.—The 

20 Mayor shall establish rules to adjust the maximum student 

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

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

23 transfer between the eligible institutions described in section 

24 3(c)(1) or 5(c)(1). 


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