[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 974 Introduced in House (IH)]







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 universities 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 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''.

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 accordance 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 Columbia the District of Columbia College 
Access Fund (hereafter 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 portion 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 contribution or gift to or for the 
        use of the Fund shall be treated as a contribution or gift for 
        exclusively public purposes to or for the use of an 
        organization described 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 application to the Mayor in such form 
and containing such information 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 academic year 
preceding the academic year for which scholarship 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 eligible institution 
        located outside the District of Columbia, an amount equal to 
        the difference between--
                    (A) the amount of the tuition normally charged by 
                that institution to a student who is not a resident of 
                the State in which that institution is located for the 
                program of instruction in which the qualified graduate 
                is enrolled or accepted for enrollment; and
                    (B) the amount of the tuition normally charged by 
                that institution to a student who is a resident of such 
                State for such program of instruction.
            (2) Ratable reduction if funds insufficient.--If the amount 
        available from the Fund under section 3(c)(2) for any academic 
        year is not sufficient to pay the scholarship amount determined 
        under paragraph (1) for each qualified graduate submitting an 
        application that is approved pursuant to subsection (a), the 
        amount of such scholarships shall be ratably reduced. If 
        additional sums become available for such academic year, such 
        reduced scholarships shall be increased on the same basis as 
        they were reduced (until the amount allotted equals the amount 
        determined under paragraph (1)).
            (3) Disbursement.--The scholarships awarded under this 
        section shall be disbursed to the eligible institution at which 
        the qualified graduate is enrolled or accepted for enrollment 
        by check or other means that is payable to and requires the 
        endorsement 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 education 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 ``qualified 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 (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;
                    (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 Immigration and 
                Naturalization Service that he or she is in the United 
                States for other than a temporary purpose with the 
                intention of becoming 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 previously 
                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 
                undergraduate baccalaureate course of study; and
                    (H) is not incarcerated.
            (2) Eligible institution.--The term ``eligible 
        institution'' means an institution of higher education that--
                    (A) is established as a State-supported institution 
                of higher education by the State in which such 
                institution is located;
                    (B) is eligible to participate in student financial 
                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 ``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).

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 Education; and
            (2) may enter into a contract with a nongovernmental agency 
        to administer the Program and the Fund if the Mayor determines 
        that it is cost-effective 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 UNIVERSITY OF THE DISTRICT 
              OF COLUMBIA.

    There is authorized to be appropriated to the University 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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