District of Columbia College Access Act of 1999
PL 106-98 (H.R.974), enacted 11/12/1999

PUBLIC LAW 106-98—NOV. 12, 1999 
113 STAT. 1323 
Public Law 106-98 
106th Congress 
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. 
Nov. 12, 1999 
[H.R. 974] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
District of 
Columbia College 
SECTION 1. SHORT TITLE. 
Access Act of 
1999 
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 great^r 
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 ehgible 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 pajonents 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 
113 STAT. 1324 
PUBLIC LAW 106-98—NOV. 12, 1999 
(B) after making reductions under subparagraph (A), 
ratably reduce the amount of the tuition and fee pa5anents 
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 pa5anents made under this section in suc-
ceeding years; 
(B) is eligible to participate in the student financial 
assisteince 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 "ehgible student" means 
£in 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; 
PUBLIC LAW 106-98—NOV. 12, 1999 
113 STAT. 1325 
(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 pa)mient 
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 canying 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— 
113 STAT. 1326 
PUBLIC LAW 106-98—NOV. 12, 1999 
(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 
ofl965(20U.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. 
Effective date. 
(h) GAG 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 pa)anents for periods of instruction that begin on or after January 
1, 2000. 
PUBLIC LAW 106-98—NOV. 12, 1999 
113 STAT. 1327 
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 pajnnents under this subsection based on 
the income and need of eligible students. 
113 STAT. 1328 
PUBLIC LAW 106-98—NOV. 12, 1999 
(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— 
(I) in the District of Columbia; 
(II) in the city of Alexandria, Falls Church, or 
Fairfax, or the county of Arlington 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 sub-
division 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 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; or 
(B) is a private historically Black college or university 
(for purposes of this subparagraph such term shall have 
the meaning given the term "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 student" means 
an individual who meets the requirements 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 eligible 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, contract, or cooperative agree-
S) 
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— 
PUBLIC LAW 106-98—NOV. 12, 1999 
113 STAT. 1329 
(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. 
(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 five succeeding fiscal years. Such 
funds shall remain available until expended. 
(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 Columbia with respect to the pro-
grams 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 programs 
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— 
(1) under section 3 to award grants under section 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 section 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 Rules, 
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). 
Approved November 12, 1999. 
L E G I S L A T I V E H I S T O R Y — H . R . 974: 
H O U S E REPORTS: No. 106-158, Pt. 1 (Comm. on Government Reform). 
S E N A T E REPORTS: No. 106-154 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
May 24, considered and passed House. 
Oct. 19, considered and passed Senate, amended. 
Nov. 1, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Nov. 12, Presidential statement.