Calendar No. 275 
106TH CONGRESS 
1ST SESSION 
H. R. 974 
[Report No. 106–154] 
AN ACT 
To establish a program to afford high school grad-
uates from the District of Columbia the benefits 
of in-State tuition at State colleges and univer-
sities outside the District of Columbia, and for 
other purposes. 
SEPTEMBER 9, 1999 
Reported with an amendment 
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H974
II 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘District of Columbia 
College Access Act’’. 
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SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PROGRAM. 
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 ac-
cordance with section 4 using amounts in the District of 
Columbia College Access Fund established under section 
3. 
SEC. 3. DISTRICT OF COLUMBIA COLLEGE ACCESS FUND. 
(a) ESTABLISHMENT.—There is hereby established 
on the books of the government of the District of Colum-
bia the District of Columbia College Access Fund (here-
after in this Act referred to as the ‘‘Fund’’), which shall 
consist of the following amounts: 
(1) Amounts appropriated to the Fund under 
law. 
(2) Gifts and bequests. 
(3) Refunds paid under section 4(b)(4). 
(4) Interest earned on the balance of the Fund. 
(b) ADMINISTRATION.—The Mayor of the District of 
Columbia shall administer the Fund, in consultation with 
the Secretary of Education. 
(c) USE OF FUND.— 
(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 
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of the balance of the Fund with respect to a fiscal 
year may be used for the administration of the Fund 
during such year. 
(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. 
(d) INVESTMENT.—The Mayor shall invest such por-
tion 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. 
SEC. 4. ADMINISTRATION OF SCHOLARSHIP PROGRAM. 
(a) APPLICATIONS.—Any qualified graduate seeking 
a scholarship under the Program shall submit an applica-
tion to the Mayor in such form and containing such infor-
mation 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 aca-
demic year preceding the academic year for which the 
scholarships will be awarded, and shall announce the re-
cipients of scholarships under this section not later than 
a date determined by the Mayor in consultation with the 
Secretary of Education. 
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(b) AWARDS AUTHORIZED.— 
(1) AWARDS TO EACH QUALIFIED GRADUATE.— 
(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 submit-
ting an application that is approved pursuant to 
subsection (a). 
(B) AWARDS TO STUDENTS AT ELIGIBLE 
PUBLIC INSTITUTIONS BASED ON IN-STATE TUI-
TION.—Subject to subparagraph (D) and para-
graph (2), such scholarship shall provide, for 
attendance at an eligible public institution lo-
cated outside the District of Columbia, an 
amount equal to the difference between— 
(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 grad-
uate is enrolled or accepted for enrollment; 
and 
(ii) the amount of the tuition normally 
charged by that institution to a student 
who is a resident of such State for such 
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program of instruction, or the amount of 
the tuition normally charged by that insti-
tution to a student who is a resident of the 
county in which the institution is located 
for such program of instruction, whichever 
is less. 
(C) TUITION ASSISTANCE GRANTS TO STU-
DENTS AT ELIGIBLE PRIVATE INSTITUTIONS.— 
Subject to paragraph (2), such scholarship shall 
provide, for attendance at an eligible private in-
stitution, a tuition assistance grant in a uni-
form amount determined by the Mayor, not to 
exceed $3,000 for the academic year. 
(D) CAP
ON
AMOUNT
PROVIDED.—The 
amount of a scholarship provided to an indi-
vidual under subparagraph (B) for an academic 
year may not exceed $10,000. 
(2) RATABLE REDUCTION IF FUNDS INSUFFI-
CIENT.—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 
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available for such academic year, such reduced schol-
arships shall be increased on the same basis as they 
were reduced (until the amount allotted equals the 
amount determined under paragraph (1)). 
(3) DISBURSEMENT.—The scholarships award-
ed under this section shall be disbursed to the eligi-
ble institution at which the qualified graduate is en-
rolled or accepted for enrollment by check or other 
means that is payable to and requires the endorse-
ment or other certification by such graduate. 
(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. 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to require an institution of higher edu-
cation 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. 
(d) DEFINITIONS.—As used in this section: 
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(1) QUALIFIED GRADUATE.—The term ‘‘quali-
fied graduate’’ means an individual who— 
(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; 
(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; 
(C) is enrolled or accepted for enrollment 
in a degree, certificate, or other program (in-
cluding 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; 
(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)); 
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(E) is a citizen or national of the United 
States, a permanent resident of the United 
States, able to provide evidence from the Immi-
gration and Naturalization Service that he or 
she is in the United States for other than a 
temporary purpose with the intention of becom-
ing 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; 
(F) does not owe a refund on grants pre-
viously 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; 
(G) has not completed his or her first un-
dergraduate baccalaureate course of study; and 
(H) is not incarcerated. 
(2) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ means eligible public institution or 
an eligible private institution. 
(3) ELIGIBLE PUBLIC INSTITUTION.—The term 
‘‘eligible public institution’’ means an institution of 
higher education that— 
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(A) is established as a State-supported in-
stitution of higher education by the State in 
which such institution is located; 
(B) is eligible to participate in student fi-
nancial assistance programs under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.); and 
(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 require-
ment that the institution use the funds to sup-
plement and not supplant assistance that other-
wise would be provided to students from the 
District of Columbia. 
(4)
ELIGIBLE
PRIVATE
INSTITUTION.—The 
term ‘‘eligible private institution’’ means an institu-
tion of higher education that— 
(A) is located in the District of Columbia, 
the State of Maryland, or the Commonwealth of 
Virginia; 
(B) is not established as a State-supported 
institution of higher education by the State in 
which such institution is located; 
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(C) is eligible to participate in student fi-
nancial assistance programs under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.); and 
(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 require-
ment that the institution use the funds to sup-
plement and not supplant assistance that other-
wise would be provided to students from the 
District of Columbia. 
(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). 
(6)
SECONDARY
SCHOOL.—The
term
‘‘sec-
ondary school’’ has the meaning given that term 
under section 14101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8801). 
SEC. 5. ADMINISTRATION OF PROGRAM AND FUND. 
In carrying out the Program and administering the 
Fund, the Mayor of the District of Columbia— 
(1) shall consult with the Secretary of Edu-
cation; and 
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(2) may enter into a contract with a nongovern-
mental agency to administer the Program and the 
Fund if the Mayor determines that it is cost-effec-
tive and appropriate to do so. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
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. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR UNI-
VERSITY OF THE DISTRICT OF COLUMBIA. 
There is authorized to be appropriated to the Univer-
sity 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. 
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 Colum-
bia to have greater choices among institutions of higher edu-
cation. 
SEC. 3. PUBLIC SCHOOL PROGRAM. 
(a) GRANTS.— 
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(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 pay-
ments under this section for students who attend an 
eligible institution on less than a full-time basis. 
(b) REDUCTION
FOR
INSUFFICIENT
APPROPRIA-
TIONS.— 
(1) IN
GENERAL.—If the funds appropriated 
pursuant to subsection (i) for any fiscal year are in-
sufficient 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— 
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(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 subpara-
graph (A), ratably reduce the amount of the tui-
tion 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 stu-
dents to avoid undue hardship to the eligible stu-
dents; 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 edu-
cation located— 
(i) in the State of Maryland or the 
Commonwealth of Virginia; or 
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(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 experi-
encing difficulty in gaining admission 
to any public institution of higher edu-
cation located in the State of Mary-
land 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 in-
clude such institutions located outside 
of the State of Maryland or the Com-
monwealth 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 
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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 as-
sistance that otherwise would be provided to eli-
gible students from the District of Columbia. 
(2) ELIGIBLE STUDENT.—The term ‘‘eligible stu-
dent’’ means an individual who— 
(A) was domiciled in the District of Colum-
bia 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 (ex-
cluding any period of service on active duty in 
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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 gradua-
tion from a secondary school, or obtaining the rec-
ognized equivalent of a secondary school diploma; 
(D) is enrolled or accepted for enrollment, 
on at least a half-time basis, in a degree, certifi-
cate, or other program (including a program of 
study abroad approved for credit by the institu-
tion 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 mean-
ing given the term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001). 
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(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 sec-
tion 14101 of the Elementary and Secondary Edu-
cation 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 con-
strued 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 institu-
tion. 
(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, con-
tract, or cooperative agreement with another public or 
private entity to administer the program under this 
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