[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 974 Enrolled Bill (ENR)]
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 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 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 preceding 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.
(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 Commonwealth
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 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 include such institutions 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 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 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;
(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 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 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 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, contract, 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 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--
(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 credentials
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 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 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 standardized
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 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 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.
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 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 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 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 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 preceding 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.
(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 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 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 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 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--
(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 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 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 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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.