U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

" ! SENATE 108TH CONGRESS

2d Session 

REPORT

2004

108–349 

Calendar No. 703 

AMENDING THE DISTRICT OF COLUMBIA 

COLLEGE ACCESS ACT OF 1999 TO PERMANENTLY AUTHORIZE THE PUBLIC 

SCHOOL AND PRIVATE SCHOOL TUITION 

ASSISTANCE PROGRAMS ESTABLISHED 

UNDER THE ACT 

R E P O R T 

OF THE

COMMITTEE ON GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 2347 

AMENDING THE DISTRICT OF COLUMBIA COLLEGE ACCESS ACT 

OF 1999 TO PERMANENTLY AUTHORIZE THE PUBLIC SCHOOL 

AND PRIVATE SCHOOL TUITION ASSISTANCE PROGRAMS ESTABLISHED UNDER THE ACT 

SEPTEMBER 20, 2004.—Ordered to be printed 


congress.#13
(II) 

COMMITTEE ON GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

ARLEN SPECTER, Pennsylvania 

ROBERT F. BENNETT, Utah 

PETER G. FITZGERALD, Illinois 

JOHN E. SUNUNU, New Hampshire 

RICHARD C. SHELBY, Alabama 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

RICHARD J. DURBIN, Illinois 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

MICHAEL D. BOPP, Staff Director and Chief Counsel 

JOHANNA L. HARDY, Senior Counsel 

DAVID COLE, Professional Staff Member, Oversight of Government Management, the Federal 

Workforce, and the District of Columbia Subcommittee 

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel 

DONNY WILLIAMS, Minority Professional Staff Member 

MARIANNE CLIFFORD UPTON, Minority Staff Director and Chief Counsel, Oversight of 

Government Management, the Federal Workforce, and the District of Columbia Subcommittee 

AMY B. NEWHOUSE, Chief Clerk 

29–010 

Calendar No. 703 

108th Congress REPORT " ! SENATE 2d Session 108–349 

AMENDING THE DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999 TO PERMANENTLY AUTHORIZE THE 

PUBLIC SCHOOL AND PRIVATE SCHOOL TUITION ASSISTANCE PROGRAMS ESTABLISHED UNDER THE ACT 

SEPTEMBER 20, 2004.—Ordered to be printed 

Ms. COLLINS, from the Committee on Governmental Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 2347] 

The Committee on Governmental Affairs, to whom was referred 

the bill (S. 2536) to amend the District of Columbia College Access 

Act of 1999 to permanently authorize the public school and private 

school tuition assistance programs established under the Act, having considered the same reports favorably thereon with an amendment and recommends that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 2 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 3 

VI. Estimated Cost of Legislation ....................................................................... 3 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 5 

I. PURPOSE AND SUMMARY

S. 2347 amends the District of Columbia College Access Act of 

1999 to reauthorize for five additional years the public school and 

private school tuition assistance programs established under the 

Act. As reported by the Senate Committee on Governmental Affairs, S. 2347 amends Public Law 106–98, the District of Columbia 

College Access Act of 1999. 

2 

1Senate Report 107–101, pp. 1–2. 

II. BACKGROUND AND NEED FOR LEGISLATION

The District of Columbia College Access Act of 1999 established 

the District of Columbia Tuition Assistance Grant (D.C. TAG) Program for District of Columbia residents. The aim of the Program 

is to afford D.C. high school graduates the opportunity to attend 

public universities at in-state tuition rates by paying for the difference between in- and out-of-state tuition costs, up to $10,000 per 

student per school year with a cumulative cap of $50,000 per student. In addition, the law allows D.C. residents attending Historically Black Colleges and Universities (HBCUs) nationwide and private schools in Virginia and Maryland to receive tuition grants 

under the program of $2,500 per student per school year with a cumulative cap of $12,500 per student. 

The statute creating the program was amended in 2002 with the 

passage of the District of Columbia College Access Improvement 

Act of 2001. That Act amended the program by: (1) eliminating the 

requirement that residents of the District of Columbia must continue on to college within three years of high school graduation in 

order to be eligible for tuition assistance through the College Access Act; (2) expanding the list of eligible institutions to include 

private Historically Black Colleges and Universities nationwide; (3) 

expanding the pool of eligible students to include all District of Columbia residents who have resided in the District of Columbia for 

at least five consecutive years prior to applying for the grant and 

who are enrolled at an eligible institution as of the date of enactment of this Act; (4) requiring that a dedicated account be established for the resident tuition support program; and (5) clarifying 

language in the College Access Act regarding the use of administrative funds for the District of Columbia Tuition Assistance Program.1

While the program does not require that students meet a means 

test to qualify for the scholarships, the authorizing legislation does 

allow the Mayor to apply a means test should the number of applicants exceed the amount of funding provided for the program. 

Since its inception, the D.C. TAG Program has disbursed more 

than $63 million dollars to more than 6,500 students, many of 

whom are the first in their family to attend college. All current 

high school students who are D.C. residents are eligible for these 

scholarships and participation is increasing. 

The number of D.C. high school graduates continuing on to college increased from 1,750 in 1998 to 2,230 in 2002, a 28% increase 

since the Program was created. This represents the highest known 

level at which District students have attended college. 

The original legislation P.L. 106–98 authorized funding for the 

Program for five years (FY00–FY05). S. 2347 extends the authorization for five additional years. 

III. LEGISLATIVE HISTORY

S. 2347, on April 26, 2004, a permanent reauthorization of the 

District of Columbia College Access Act of 1999, was introduced by 

Senator Voinovich and cosponsored by Senators Durbin, Jeffords, 

and Lieberman, and was referred to the Governmental Affairs 

3 

Committee. On May 11, 2004, the Subcommittee on Oversight of 

Government Management, the Federal Workforce, and the District 

of Columbia favorably polled S. 2347 to the full Committee. 

On July 21, 2004 by voice vote, the Committee on Governmental 

Affairs ordered S. 2347 reported favorably with an amendment offered by Senators Voinovich and Collins that modified the reauthorization from a permanent reauthorization to a 5-year extension 

of the Program. Senators present: Collins, Voinovich, Specter, Fitzgerald, Lieberman, Akaka, Durbin, Carper, and Lautenberg. 

IV. SECTION-BY-SECTION ANALYSIS

SECTION 1. 5-YEAR REAUTHORIZATION OF TUITION ASSISTANCE

PROGRAMS

This section amends the D.C. College Access Act of 1999 by striking ‘‘each of the five succeeding fiscal years’’ and inserting ‘‘each of 

the 10 succeeding fiscal years’’ in section 3, the public school program section, and in section 5, the private school section. 

V. EVALUATION OF REGULATORY IMPACT

Paragraph 11(b)(1) of rule XXVI of the Standing Rules of the 

Senate requires that each report accompanying a bill evaluate ‘‘the 

regulatory impact which would be incurred in carrying out this 

bill.’’ 

The enactment of this legislation will not have significant regulatory impact. 

VI. ESTIMATED COST OF LEGISLATION

S. 2347—District of Columbia College Access Act of 2004 

Summary: S. 2347 would reauthorize the District of Columbia 

(D.C.) resident tuition support program that was established in 

1999. The program assists D.C. students who graduate from D.C. 

high schools and attend college by paying he difference between instate and out-of-state tuition a public institutions (up to $10,000 

per year) or up to $2,500 annually for those attending private 

schools. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing S. 2347 would cost $106 million over the 

2006–2009 period. The bill would not affect direct spending or receipts. 

S. 2347 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no cost on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated federal 

budgetary impact of S. 2347 is shown in the following table. The 

costs of this legislation fall within budget function 500 (education, 

training, employment, and social services). 

By fiscal year, in millions of dollars— 

2004 2005 2006 2007 2008 2009 

SPENDING SUBJECT TO APPROPRIATION 

Spending under current law: 

Estimated authorization level1 ........................................................ 17 17 0 0 0 0 

Estimated outlays ............................................................................ 17 17 0 0 0 0 

4 

By fiscal year, in millions of dollars— 

2004 2005 2006 2007 2008 2009 

Proposed Changes: 

Public-institution tuition grants: 

Estimated authorization level ......................................................... 0 0 20 22 23 25 

Estimated outlays ............................................................................ 0 0 20 22 23 25 

Private-institution tuition grants: 

Estimated authorization Level ......................................................... 0 0 2 2 2 2 

Estimated outlays ............................................................................ 0 0 2 2 2 2 

Administrative costs: 

Estimated authorization level ......................................................... 0 0 2 2 2 2 

Estimated outlays ............................................................................ 0 0 2 2 2 2 

Total changes: 

Estimated authorization level ......................................................... 0 0 24 26 28 29 

Estimated outlays ............................................................................ 0 0 24 26 28 29 

Spending under S. 2347: 

Estimated authorization level1 ........................................................ 17 17 24 26 28 29 

Estimnated outlays .......................................................................... 17 17 24 26 28 29 

1 The 2004 level is the amount appropriated for that year for the current tuition support program. The 2005 level is the amount authorized for that year for the current tuition support program. 

Note.—Components may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that S. 2347 

will be enacted this year and that the necessary amounts will be 

appropriated for each year beginning with fiscal year 2006. 

CURRENT LAW

Under current law, the D.C. resident tuition support program, 

administered by the Mayor, provides financial assistance to D.C. 

residents who choose to attend public colleges outside of D.C., private postsecondary institutions in D.C. or in one of the surrounding 

jurisdictions in Maryland or Virginia, or historically black colleges 

or universities (HBCUs). The private-school tuition grants are restricted to nonprofit institutions. The overall program is currently 

authorized through 2005. 

The program received appropriations of $17 million annually for 

fiscal years 2000 through 2004, and is authorized to receive $17 

million in appropriations in 2005. The amounts appropriated are 

paid in full to the District each year, regardless of when the grants 

are actually disbursed. For academic year 2003–2004, 4,086 students received grants averaging $5,377, for a total of $22 million. 

(The program drew on unused funds from previous years to make 

those grants.) The public school program awarded 3,111 grants 

averaging about $6,400; students in private institutions represented an additional 975 grantees with the average award 

amounting to about $2,100. 

Eligibility for the tuition support is limited to D.C. residents who 

graduate from high school or receive the equivalent of a secondary 

school diploma and reside in D.C. for at least 12 consecutive 

months prior to beginning the freshman year in an eligible institution. For those who wish to attend state-supported public institutions outside of the District, the program provides scholarships 

equal to the difference between the tuition paid by residents of the 

state in which the institution is located and the tuition charged to 

nonresident students, but not to exceed $10,000 annually, with a 

lifetime limit of $50,000. In addition, it provides a $2,500 maximum annual scholarship—with a lifetime limit of $12,500—for 

those who choose to attend a private institution in D.C., or in one 

5 

of the surrounding jurisdictions in Maryland or Virginia. Private 

HBCUs are included regardless of where they are located. The assistance under each portion of the program is prorated if the student is enrolled in a less-than-full-time program. Administrative 

expenses of operating the program are limited to no more than 7 

percent of the total tuition grants. 

PROPOSED EXTENSION

S. 2347 would authorize through fiscal year 2010 the appropriations of such sums as may be necessary for the D.C. resident tuition support program. Based on data from the administrators of the 

program, the Bureau of the Census, and the U.S. Department of 

Education, CBO projects that about 3,725 students would receive 

tuition assistance during academic year 2005–2006 and that this 

number would climb to over 4,100 students by the 2008–2009 academic year, if sufficient funds were available. CBO projects that 

the proportion of students attending public institutions would remain near its current 76 percent share. Assuming that out-of-state 

tuition at public institutions continues to rise at rates somewhat 

above overall inflation, CBO estimates the average public tuition 

assistance payment would rise from $6,925 in 2005–2006, to $7,790 

by 2008–2009. The average grant in the private school program 

would grow more slowly—from $2,230 in 2005–2006 to nearly 

$2,400 by 2008–2009—because many grantees would be at the 

$2,500 maximum. Consequently, CBO estimates that the amount 

spent for grants would grow from about $22 million for the 2005– 

2006 academic year to about $27 million for the 2008–2009 academic year, assuming appropriation of the necessary funds. Assuming that administrative costs equal 7 percent of the total costs, 

those expenses would climb from $1.7 million in 2006 to $2.1 million in 2009. 

Intergovernmental and private-sector impact: S. 2347 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Previous CBO estimates: On July 30, 2004, CBO transmitted a 

cost estimate for H.R. 4012, as ordered reported by the Senate 

Committee on Governmental Affairs on July 21, 2004. It also would 

authorize the appropriation of such sums as may be necessary for 

the tuition support program through fiscal year 2010. 

On April 30, 2004, CBO transmitted a cost estimate for H.R. 

4012, as ordered reported by the House Committee on Government 

Reform on April 1, 2004, which would permanently authorize the 

appropriation of such sums as may be necessary for the program. 

The cost estimates for the two versions of H.R. 4012 and S. 2347 

are identical for the 2006–2009 period. 

Estimate prepared by: Federal Costs: Justin Humphrey. Impact 

on State, Local, and Tribal Governments: Sarah Puro. Impact on 

the Private Sector: Nabeel Alsalam. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with rule XXVI paragraph 12 of the Standing 

Rules of the Senate, the following provides a print of the statute 

6 

or the part or section thereof to be amended or replaced (existing 

law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed 

is shown in roman): 

DISTRICT OF COLUMBIA CODE 

TITLE 38. EDUCATIONAL INSTITUTIONS 

Subtitle IX. College Access Assistance 

CHAPTER 27. COLLEGE ACCESS ASSISTANCE 

§ 38–2702. Public school program 

(a) GRANTS. 

(1) IN GENERAL.—From amounts appropriated under subsection (i) of this section 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. 

* * * * * * * 

(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 (subject to § 38–2706) such 

sums as may be necessary for øeach of the five succeeding fiscal 

years¿ each of the 10 succeeding fiscal years. Such funds shall remain available until expended. 

* * * * * * * 

§ 38–2704. 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. 

* * * * * * * 

(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 (subject to § 38–2706) such 

sums as may be necessary for øeach of the five succeeding fiscal 

years¿ each of the 10 succeeding fiscal years. Such funds shall remain available until expended. 

Æ