In the Senate of the United States,
October 19, 1999.
Resolved, That the bill from the House of Representa-
tives (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 univer-
sities outside the District of Columbia, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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.
HR 974 EAS
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 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.
(3) FURTHER ADJUSTMENTS.—Notwithstanding
paragraphs (1) and (2), the Mayor may prioritize the
making or amount of tuition and fee payments under
this subsection based on the income and need of eligi-
ble students.
(c) DEFINITIONS.—In this section:
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(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
(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
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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
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;
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(B) graduated from a secondary school or
received the recognized equivalent of a secondary
school diploma on or after January 1, 1998;
(C) begins the individual’s undergraduate
course of study within the 3 calendar years (ex-
cluding 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 gradua-
tion from a secondary school, or obtaining the
recognized equivalent of a secondary school di-
ploma;
(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
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(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).
(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.—
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(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
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 eli-
gible for participation in the program authorized
under this section, shall develop policies and proce-
dures 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 ad-
ministering the program under this section; and
(B) any technical or other assistance to be
provided to the Mayor by the Secretary for pur-
poses of administering the program under this
section (which may include access to the infor-
mation in the common financial reporting form
developed under section 483 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1090)).
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(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 eli-
gible students;
(2) the extent, if any, to which a ratable reduc-
tion was made in the amount of tuition and fee pay-
ments made on behalf of eligible students; and
(3) the progress in obtaining recognized aca-
demic credentials of the cohort of eligible students for
each year.
(h) GAO REPORT.—Beginning on the date of enact-
ment 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 stu-
dents. The Comptroller General shall analyze whether eligi-
ble students had difficulty gaining admission to eligible in-
stitutions because of any preference afforded in-State resi-
dents 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 in-
sufficient number of eligible institutions to which Dis-
trict of Columbia students can gain admission, in-
HR 974 EAS
cluding admission aided by assistance provided under
this Act, due to—
(A) caps on the number of out-of-State stu-
dents the institution will enroll;
(B) significant barriers imposed by aca-
demic entrance requirements (such as grade
point average and standardized scholastic admis-
sions tests); and
(C) absence of admission programs bene-
fiting 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 suc-
ceeding 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.
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SEC. 4. ASSISTANCE TO THE UNIVERSITY OF THE DISTRICT
OF COLUMBIA.
(a) IN GENERAL.—Subject to subsection (c), the Sec-
retary 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 suc-
ceeding fiscal years.
(c) SPECIAL RULE.—For any fiscal year, the Univer-
sity of the District of Columbia may receive financial as-
sistance 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 eligi-
HR 974 EAS
ble institution. The Mayor may prescribe such regula-
tions 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 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 (f) 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—
(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
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(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.
(3) FURTHER ADJUSTMENTS.—Notwithstanding
paragraphs (1) and (2), the Mayor may prioritize the
making or amount of tuition and fee payments under
this subsection based on the income and need of eligi-
ble students.
(c) DEFINITIONS.—In this section:
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible
institution’’ means an institution that—
(A)(i) 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—
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(I) in the District of Columbia;
(II) in the city of Alexandria, Falls
Church, or Fairfax, or the county of Arling-
ton 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;
(ii) 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
(iii) 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; or
(B) is a private historically Black college or
university (for purposes of this subparagraph
such term shall have the meaning given the term
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‘‘part B institution’’ in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C.
1061(2)) the main campus of which is located in
the State of Maryland or the Commonwealth of
Virginia.
(2) ELIGIBLE STUDENT.—The term ‘‘eligible stu-
dent’’ means an individual who meets the require-
ments 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 eligi-
ble 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, con-
tract, or cooperative agreement with another public or
private entity to administer the program under this
HR 974 EAS
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 eli-
gible for participation in the program authorized
under this section, shall develop policies and proce-
dures 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 ad-
ministering the program under this section; and
(B) any technical or other assistance to be
provided to the Mayor by the Secretary for pur-
poses 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 suc-
ceeding fiscal years. Such funds shall remain available
until expended.
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(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 Colum-
bia 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 pro-
grams 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—
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(1) under section 3 to award grants under sec-
tion 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 sec-
tion 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).
Attest:
Secretary.