I
106TH CONGRESS
1ST SESSION
H. R. 974
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 purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1999
Mr. DAVIS of Virginia (for himself, Ms. NORTON, Mrs. MORELLA, Mr. HOYER,
Mr. WYNN, Mr. HORN, Mr. CUNNINGHAM, Mr. EHRLICH, and Mr.
MORAN of Virginia) introduced the following bill; which was referred to
the Committee on Government Reform, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
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’’.
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
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.
(e) TAX TREATMENT OF FUND.—
(1) CONTRIBUTIONS TO FUND.—For purposes
of the Internal Revenue Code of 1986, any contribu-
tion or gift to or for the use of the Fund shall be
treated as a contribution or gift for exclusively pub-
lic purposes to or for the use of an organization de-
scribed in section 170(c)(1) of such Code.
(2) TREATMENT OF PAYMENTS FROM FUND.—
Any payment from the Fund shall not be subject to
any Federal, State, or local income or gift tax.
(3) EXEMPTION.—For purposes of such Code,
notwithstanding section 501(c)(1)(A) of such Code,
the Fund shall be treated as described in section
501(c)(1) of such Code and exempt from tax under
section 501(a) of such Code.
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 scholarship under the
Program available not later than October 1 of the aca-
demic year preceding the academic year for which scholar-
ship will be awarded, and shall announce the recipients
of scholarship under this section not later than March 1
of the academic year preceding the academic year for
which the scholarship is awarded.
(b) AWARDS AUTHORIZED.—
(1) AMOUNTS BASED ON IN-STATE TUITION.—
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
submitting an application that is approved pursuant
to subsection (a). Subject to paragraph (2), such
scholarship shall provide, for attendance at an eligi-
ble institution located outside the District of Colum-
bia, an amount equal to the difference between—
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:
(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));
(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 an institution of higher edu-
cation that—
(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.
(3) 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).
(4) SECONDARY SCHOOL.—The term ‘‘second-
ary school’’ has the meaning given that term under
section 14101 of the Elementary and Secondary
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
(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.
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