H. R. 974
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
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 Representatives 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 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 Columbia to have greater
choices among institutions of higher education.
SEC. 3. PUBLIC SCHOOL PROGRAM.
(a) GRANTS.—
(1) IN GENERAL.—From amounts appropriated under sub-
section (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 payments under
this section for students who attend an eligible institution
on less than a full-time basis.
(b) REDUCTION FOR INSUFFICIENT APPROPRIATIONS.—
(1) IN GENERAL.—If the funds appropriated pursuant to
subsection (i) for any fiscal year are insufficient 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 pre-
ceding year; and
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(B) after making reductions under subparagraph (A),
ratably reduce the amount of the tuition 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 students to avoid
undue hardship to the eligible students; 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 eligible students.
(c) DEFINITIONS.—In this section:
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’
means an institution that—
(A) is a public institution of higher education located—
(i) in the State of Maryland or the Commonwealth
of Virginia; or
(ii) outside the State of Maryland or the Common-
wealth of Virginia, but only if the Mayor—
(I) determines that a significant number of
eligible students are experiencing difficulty in
gaining admission to any public institution of
higher education located in the State of Maryland
or the Commonwealth of Virginia because of any
preference afforded in-State residents by the
institution;
(II) consults with the Committee on Govern-
ment Reform of the House of Representatives, the
Committee on Governmental Affairs of the Senate,
and the Secretary regarding expanding the pro-
gram under this section to include such institu-
tions located outside of the State of Maryland or
the Commonwealth 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 suc-
ceeding 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 con-
taining 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
assistance that otherwise would be provided to eligible
students from the District of Columbia.
(2) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means
an individual who—
(A) was domiciled in the District of Columbia for not
less than the 12 consecutive months preceding the
commencement of the freshman year at an institution of
higher education;
H. R. 974—3
(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 three calendar years (excluding 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 graduation from
a secondary school, or obtaining the recognized equivalent
of a secondary school diploma;
(D) is enrolled or accepted for enrollment, on at least
a half-time basis, in a degree, certificate, or other program
(including 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 institu-
tion;
(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 under-
graduate baccalaureate course of study.
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term
in section 101 of the Higher Education 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 section 14101 of the
Elementary and Secondary Education 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 construed
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 institution.
(e) APPLICATIONS.—Each student desiring a tuition payment
under this section shall submit an application to the eligible institu-
tion 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, contract, or cooperative agree-
ment 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 eligible for participation
in the program authorized under this section, shall develop
policies and procedures for the administration of the program.
(3) MEMORANDUM
OF
AGREEMENT.—The Mayor and the
Secretary shall enter into a Memorandum of Agreement that
describes—
H. R. 974—4
(A) the manner in which the Mayor shall consult with
the Secretary with respect to administering the program
under this section; and
(B) any technical or other assistance to be provided
to the Mayor by the Secretary for purposes of administering
the program under this section (which may include access
to the information in the common financial reporting form
developed under section 483 of the Higher Education Act
of 1965 (20 U.S.C. 1090)).
(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 eligible students;
(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition and fee payments made on
behalf of eligible students; and
(3) the progress in obtaining recognized academic creden-
tials of the cohort of eligible students for each year.
(h) GAO REPORT.—Beginning on the date of the enactment
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 students. The Comptroller
General shall analyze whether eligible students had difficulty
gaining admission to eligible institutions because of any preference
afforded in-State residents by eligible institutions, and shall expedi-
tiously 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 insufficient
number of eligible institutions to which District of Columbia
students can gain admission, including admission aided by
assistance provided under this Act, due to—
(A) caps on the number of out-of-State students the
institution will enroll;
(B) significant barriers imposed by academic entrance
requirements (such as grade point average and standard-
ized scholastic admissions tests); and
(C) absence of admission programs benefiting 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 para-
graph (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 five succeeding 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 Secretary 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 Edu-
cation 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 five succeeding fiscal years.
(c) SPECIAL RULE.—For any fiscal year, the University of the
District of Columbia may receive financial assistance pursuant to
this section, or pursuant to part B of title III of the Higher Edu-
cation 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 sub-
section (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.
(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 payments under
this section for students who attend an eligible institution
on less than a full-time basis.
(b) REDUCTION FOR INSUFFICIENT APPROPRIATIONS.—
(1) IN GENERAL.—If the funds appropriated pursuant to
subsection (f ) for any fiscal year are insufficient 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 pre-
ceding year; and
(B) after making reductions under subparagraph (A),
ratably reduce the amount of the tuition 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 students to avoid
undue hardship to the eligible students; 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 eligible students.