[Congressional Record Volume 148, Number 27 (Tuesday, March 12, 2002)]
[House]
[Pages H810-H813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      DISTRICT OF COLUMBIA COLLEGE ACCESS IMPROVEMENT ACT OF 2002

  Mrs. MORELLA. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 364) providing for the concurrence of the House 
with amendment in the Senate amendments to the bill H.R. 1499.
  The Clerk read as follows:

                              H. Res. 364

       Resolved, That upon the adoption of this resolution, the 
     House shall be considered to have taken from the Speaker's 
     table the bill H.R. 1499 and amendments of the Senate 
     thereto, and to have (1) concurred in the amendment of the 
     Senate to the title, and (2) concurred in the amendment of 
     the Senate to the text with an amendment as follows: In lieu 
     of the matter proposed to be inserted by the Senate, insert 
     the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``District of Columbia College 
     Access Improvement Act of 2002''.

     SEC. 2. PUBLIC SCHOOL PROGRAM.

       Section 3(c)(2) of the District of Columbia College Access 
     Act of 1999 (sec. 38-2702(c)(2), D.C. Official Code) is 
     amended by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A)(i) in the case of an individual who begins an 
     undergraduate course of study within 3 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, was 
     domiciled in the District of Columbia for not less than the 
     12 consecutive

[[Page H811]]

     months preceding the commencement of the freshman year at an 
     institution of higher education;
       ``(ii) in the case of an individual who graduated from a 
     secondary school or received the recognized equivalent of a 
     secondary school diploma before January 1, 1998, and is 
     currently enrolled at an eligible institution as of the date 
     of enactment of the District of Columbia College Access 
     Improvement Act of 2002, 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; or
       ``(iii) in the case of any other individual and an 
     individual re-enrolling after more than a 3-year break in the 
     individual's post-secondary education, has been domiciled in 
     the District of Columbia for at least 5 consecutive years at 
     the date of application;
       ``(B)(i) graduated from a secondary school or received the 
     recognized equivalent of a secondary school diploma on or 
     after January 1, 1998;
       ``(ii) in the case of an individual who did not graduate 
     from a secondary school or receive a recognized equivalent of 
     a secondary school diploma, is accepted for enrollment as a 
     freshman at an eligible institution on or after January 1, 
     2002; or
       ``(iii) in the case of an individual who graduated from a 
     secondary school or received the recognized equivalent of a 
     secondary school diploma before January 1, 1998, is currently 
     enrolled at an eligible institution as of the date of 
     enactment of the District of Columbia College Access 
     Improvement Act of 2002;
       ``(C) meets the citizenship and immigration status 
     requirements described in section 484(a)(5) of the Higher 
     Education Act of 1965 (20 U.S.C. 1091(a)(5));''.

     SEC. 3. PRIVATE SCHOOL PROGRAM.

       Section 5(c)(1)(B) of the District of Columbia College 
     Access Act of 1999 (sec. 38-2704(c)(1)(B), D.C. Official 
     Code) is amended by striking ``the main campus of which is 
     located in the State of Maryland or the Commonwealth of 
     Virginia''.

     SEC. 4. GENERAL REQUIREMENTS.

       Section 6 of the District of Columbia College Access Act of 
     1999 (sec. 38-2705, D.C. Official Code) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Administrative Expenses.--
       ``(1) In general.--The Mayor of the District of Columbia 
     may not use more than 7 percent of the total amount of 
     Federal funds appropriated for the program, retroactive to 
     the date of enactment of this Act (the District of Columbia 
     College Access Act of 1999), for the administrative expenses 
     of the program.
       ``(2) Definition.--In this subsection, the term 
     `administrative expenses' means any expenses that are not 
     directly used to pay the cost of tuition and fees for 
     eligible students to attend eligible institutions.'';
       (2) by redesignating subsections (e) and (f) as subsections 
     (f) and (g);
       (3) by inserting after subsection (d) the following:
       ``(e) Local Funds.--It is the sense of Congress that the 
     District of Columbia may appropriate such local funds as 
     necessary for the programs under sections 3 and 5.''; and
       (4) by adding at the end the following:
       ``(h) Dedicated Account for Programs.--
       ``(1) Establishment.--The District of Columbia government 
     shall establish a dedicated account for the programs under 
     sections 3 and 5 consisting of the following amounts:
       ``(A) The Federal funds appropriated to carry out such 
     programs under this Act or any other Act.
       ``(B) Any District of Columbia funds appropriated by the 
     District of Columbia to carry out such programs.
       ``(C) Any unobligated balances in amounts made available 
     for such programs in previous fiscal years.
       ``(D) Interest earned on balances of the dedicated account.
       ``(2) Use of funds.--Amounts in the dedicated account shall 
     be used solely to carry out the programs under sections 3 and 
     5.''.

     SEC. 5. CONTINUATION OF CURRENT AGGREGATE LEVEL OF 
                   AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The District of Columbia College Access 
     Act of 1999 (sec. 38-2701 et seq., D.C. Official Code) is 
     amended by adding at the end the following new section:

     ``SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FEDERAL FUNDS FOR 
                   PUBLIC SCHOOL AND PRIVATE SCHOOL PROGRAMS.

       ``The aggregate amount authorized to be appropriated to the 
     District of Columbia for the programs under sections 3 and 5 
     for any fiscal year may not exceed--
       ``(1) $17,000,000, in the case of the aggregate amount for 
     fiscal year 2003;
       ``(2) $17,000,000, in the case of the aggregate amount for 
     fiscal year 2004; or
       ``(3) $17,000,000, in the case of the aggregate amount for 
     fiscal year 2005.''.
       (b) Conforming Amendments.--
       (1) Public school program.--Section 3(i) of such Act (sec. 
     38-2702(i), D.C. Official Code) is amended by striking ``and 
     such sums'' and inserting ``and (subject to section 7) such 
     sums''.
       (2) Private school program.--Section 5(f) of such Act (sec. 
     38-2704(f), D.C. Official Code) is amended by striking ``and 
     such sums'' and inserting ``and (subject to section 7) such 
     sums''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Maryland (Mrs. Morella) and the gentlewoman from the District of 
Columbia (Ms. Norton) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Maryland (Mrs. Morella).


                             General Leave

  Mrs. MORELLA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on the legislation now under consideration, House Resolution 364.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Maryland?
  There was no objection.
  Mrs. MORELLA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge all Members to support House Resolution 364, 
which incorporates amendments by the Senate and by the House to H.R. 
1499.
  First, I would like to thank and recognize the gentlewoman from the 
District of Columbia (Ms. Norton), the sponsor of the bill, for her 
deep interest in education for those who are domiciled in the District 
of Columbia and for her genuine interest in making our Nation's Capital 
a place of which all our citizens can be proud and one where visitors 
from all other countries visit enthusiastically.
  I also want to express my appreciation to the gentleman from Virginia 
(Mr. Davis), my predecessor as Chair of the Subcommittee on the 
District of Columbia, an original cosponsor of the measure, who was 
responsible in guiding the original legislation into law in 1999.
  Additionally, I want to recognize the support given by the chairman 
of the Committee on Government Reform, the gentleman from Indiana (Mr. 
Burton), as the House passed the legislation in July of 2001 and for 
his support of the amended version. My appreciation also goes to the 
majority leader, the gentleman from Texas (Mr. Armey), for guidance in 
bringing H.R. 1499, as amended by the Senate and the House, back to the 
floor.
  I also extend my gratitude to the gentleman from Oklahoma (Mr. Watts) 
and other members of the Republican leadership who assisted in crafting 
an amended bill that is acceptable to both sides of the aisle and both 
Houses.
  The original act provides District of Columbia residents with in-
state tuition at public colleges and universities throughout the 
country. Students are permitted a maximum of $10,000 per year and a 
lifetime amount of $50,000 per student. This resolution, as originally 
introduced on April 4, 2001, by the gentlewoman from District of 
Columbia, and cosponsored by the gentleman from Virginia (Mr. Davis) 
and myself, expands this benefit to include District of Columbia 
residents who graduated from high school or received the equivalent of 
a high school degree before 1998, as well as individuals who begin 
their postsecondary education more than 3 years after they graduated 
from high school. The legislation prohibits foreign nationals from 
participating in the tuition program.
  The Senate amended H.R. 1499 under unanimous consent and sent it back 
to the House on December 13, 2001. The amendment included, inter alia, 
the expansion of the list of eligible private institutions where D.C. 
residents could attend by receiving $2,500 annual stipend, capped at 
$12,000 per student, to include historically black colleges and 
universities nationwide. The original act included only the 
historically black colleges and universities that were located in 
Maryland and Virginia.
  The House amendment includes some technical amendments. It also 
retains the Senate provision of including all the HBCUs nationwide and 
also requires the District government to establish a dedicated account 
for the program. The House amendment endorses the Senate amendment, 
expressing the sense of Congress that local funds may be appropriated 
by the District of Columbia to help with financing the tuition program.
  The House amendment adds language that authorizes no more than $17 
million in Federal funds for each of following years: 2003, 2004, and 
2005. This amount is the same as the current funding level.
  Mr. Speaker, I urge our colleagues to support this lifetime 
legislation. This gift of education is a gift that does last

[[Page H812]]

a lifetime. What we are doing today is letting more District of 
Columbia residents receive that gift. The legislation opens a window of 
opportunity for countless numbers of District of Columbia residents, 
and it is another contribution to the growing vitality of the Nation's 
Capital.
  Mr. Speaker, I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H. Res. 364, the 
College Access Improvement Act, as amended by the Senate and as further 
amended by the bill we offer in the House today. H. Res. 364 would 
allow more D.C. residents to receive the valuable benefits of the 
College Access Act passed by Congress in 1999.
  I want to thank the Chair of the Subcommittee on the District of 
Columbia, the gentlewoman from Maryland (Mrs. Morella), and the past 
Chair of the subcommittee, the gentleman from Virginia (Mr. Davis), who 
are original cosponsors of this bill; the gentlewoman from Maryland for 
her consistent work and strong support of the House version, and the 
gentleman from Virginia, who, with me, sponsored and worked diligently 
for passage of the original College Access Act.
  The Senate amendments before us today are the result of collegial 
negotiations to produce a consensus bill with our Senate sponsors, 
particularly the ranking member of the Senate Subcommittee on the 
District of Columbia, George Voinovich, the chief sponsor of the Senate 
bill, with the strong support of Senator Joe Lieberman, Chairman of the 
Senate Government Affairs Committee, and Ranking Member Senator Fred 
Thompson, and chairman of the Senate Subcommittee on the District of 
Columbia, Dick Durbin.
  I appreciate the willingness of the House leadership, particularly 
the majority leader, the gentleman from Texas (Mr. Armey), along with 
conference chair, the gentleman from Oklahoma (Mr. J.C. Watts), as well 
as the chairman of the Committee on Government Reform, the gentleman 
from Indiana (Mr. Burton), and the ranking member, the gentleman from 
California (Mr. Waxman), to work with us on the amended version of the 
bill before us today which ensures that the College Access Act, as 
amended by H. Res. 364, does not exceed its annual appropriation.
  We are pleased and appreciative that the College Access Act, 
including the amendments made by H. Res. 364, have been fully funded by 
President Bush in his 2003 budget. H. Res. 364, as amended, has the 
enthusiastic support of Mayor Williams, the Council of the District of 
Columbia, and especially of D.C. residents.
  I want once again to thank Congress for its strong support of the 
District of Columbia College Access Act of 1999, and to indicate that 
the benefits to education Congress sought are being realized. The act 
is now responsible for nearly 2,500 D.C. students who are attending 
public colleges and universities nationwide at in-state rates, or 
receiving a $2,500 stipend to attend private colleges and universities 
in the District of Columbia and the region.

                              {time}  1530

  It is impossible to overestimate the value and importance of the act 
to the District which has only an open admissions university and no 
State university system. A college degree is critical in the District 
of Columbia because ours is a white collar and technology city and 
region with few factories and other opportunities for jobs that provide 
good wages without a college education. The College Access Act provides 
opportunities for D.C. residents to afford a college education here, in 
the region and around the country that would be routinely available 
throughout the Nation with the exception of the District. Now D.C. 
residents have choices for college education similar to those available 
to Americans in the 50 States. In no small part because of the success 
of the College Access Act, the high school class in the District of 
Columbia of 2001 had 64 percent college attendance compared with the 
national average of 43 percent.
  H. Res. 364 will expand the original College Access Act of 1999 in 
several significant ways. The bill allows D.C. residents to receive a 
$2,500 stipend to attend any historically black college and university 
in the country rather than only in the region as in the original act. 
Over 600 D.C. residents are expected to take advantage of this 
important provision in the first year after enactment.
  Second, students who are somewhat older because they graduated prior 
to 1998 were not included in the original College Access Act because of 
the Senate's fear that funding would be insufficient. Actually, funding 
was sufficient; and I appreciate that we have been able to get 
agreement with the Senate to expand tuition benefits to at least two 
groups of older students. The first group is D.C. residents currently 
enrolled in college, regardless of when these students graduated and 
regardless of the amount of time it took those students to enroll in 
college. This change will enable approximately 1,000 students 
previously denied in-state tuition, including many older students, to 
qualify this year.
  A second group of older students will benefit as a result of language 
that removes a requirement that a student enroll in college no longer 
than 3 years after high school graduation. The Senate has agreed to 
remove the 3-year constraint prospectively. Consequently, the first 
group of students who took longer than 3 years to enroll in college can 
take advantage of the College Access Act benefits this year. There are 
many such students in the District because many cannot afford to go to 
college right out of high school, and more and more older students are 
expected to receive tuition assistance in the years to come.
  Also included in both the Senate and the House bill is an amendment 
that closes a loophole that allowed foreign nationals who live in the 
District to benefit, a result never intended by the sponsors or by 
either House.
  These amendments to the College Access Act will allow thousands of 
additional D.C. residents who were not included in the original act to 
receive tuition assistance. Although the Senate did not include all the 
changes I sought, the agreement on the addition of HBCUs nationwide is 
especially welcome. This bill deserves our support because it brings 
higher-education opportunities for the District's young people much 
closer to those regularly enjoyed routinely in the districts of other 
Members of Congress. I thank Members for the support they have given 
the College Access Act and ask for their support for its expansion.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. MORELLA. Mr. Speaker, I yield myself such time as I may consume.
  This is a bill that is very important. It took a lot of time and a 
lot of attention. Some great staff have been involved in doing it. I 
mentioned the gentlewoman from the District of Columbia (Ms. Norton) 
for her splendid cooperation and splendid work on this bill. It is very 
important to our workforce that we have opportunities for college 
education. I ask this body to very strongly support House Resolution 
364.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise in support of H. Res. 
364, providing for the concurrence of the House with amendment in the 
Senate amendments to the bill, H.R. 1499, the District of Columbia 
College Access Act Technical Corrections Act of 2002.
  In 1999, I introduced the District of Columbia College Access Act of 
1999, with Delegate Eleanor Holmes Norton, which created the D.C. 
Tuition Assistance Grant Program. This program allows recent high 
school graduates in D.C. to pay in-state tuition rates of up to $10,000 
annually at public colleges and universities nationwide. Eligible D.C. 
residents attending private institutions in D.C., Maryland, or 
Virginia, or Historically Black Colleges and Universities in Maryland 
and Virginia may receive grants of $2,500 annually.
  It was always my intention that this program would have a broader 
application. However, financial considerations restricted the scope of 
the program. Therefore, I am pleased to be an original cosponsor of 
H.R. 1499. It will open the eligibility requirements to those 
individuals who graduated from secondary school prior to 1998 and also 
to individuals who enroll in an institution of higher education more 
than 3 years after graduating from a secondary school. Additionally, 
this bill will permit the grants to be applied to tuition expenses at 
Historically Black Colleges and Universities nationwide.
  The popularity of this program among students and parents has risen 
steadily since its inception. The program has proven to be a successful 
incentive to retain and attract D.C.

[[Page H813]]

residents. Now, H.R. 1499 ensures that a greater number of D.C. 
residents are eligible to receive tuition assistance and broaden their 
educational opportunities at the undergraduate level.
  I would like to thank my colleagues in the House and Senate for their 
work on this bill. We have successfully worked together on this 
legislation to authorize $17 million for the Tuition Assistance Grant 
Program each year through FY 2005.
  The expansion of the Tuition Assistance Grant Program will increase 
the educational opportunities available to D.C. residents. I strongly 
urge my colleagues to join me in supporting H. Res. 364.
  Mr. WATTS of Oklahoma. Mr. Speaker, I rise to support the District of 
Columbia College Access Improvement Act of 2001. Historically black 
colleges and universities, or HBCUs as they're known, are important 
institutions of higher learning in America. This bill recognizes their 
significance by opening up tuition assistance under the D.C. College 
Access Act to be used for HBCUs nationwide--not just those in the 
immediate area.
  Under current law, a resident of the District of Columbia may receive 
$2,500 per year for tuition at private HBCUs in D.C., Virginia or 
Maryland. Well, for one thing, there aren't any private HBCUs in 
Maryland. And the other options can be pretty expensive for a student 
who will not be receiving other financial help. This bill expands the 
options for students and broadens the possibilities for residents of 
the District of Columbia.
  HBCUs have received a higher level of awareness thanks to the bi-
partisan leadership of many in Congress and the White House. This 
legislation is yet another step toward raising the role HBCUs serve in 
the field of higher education.
  I thank the sponsors of the bill before the House today and urge my 
colleagues to support the D.C. College Access Improvement Act.
  Mrs. MORELLA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentlewoman from Maryland (Mrs. Morella) that the House 
suspend the rules and agree to the resolution, H. Res. 364.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________