[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[Senate]
[Pages 25795-25797]
[From the U.S. Government Publishing Office, www.gpo.gov]




                DISTRICT OF COLUMBIA COLLEGE ACCESS ACT

  Mr. SPECTER. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 275, H.R. 974.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Governmental Affairs, 
with an amendment to strike all after the enacting clause and inserting 
in lieu thereof the following:

     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

[[Page 25796]]

       (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.
       (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, 1999;
       (C) begins the individual's undergraduate course of study 
     within the 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;
       (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 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 5 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 5 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.--

[[Page 25797]]

       (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.
       (c) Definitions.--In this section:
       (1) Eligible institution.--The term ``eligible 
     institution'' means an institution that--
       (A) 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;
       (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 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 5 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).


                           Amendment No. 2317

  (Purpose: To permit the Mayor to prioritize the making or amount of 
   tuition and fee payments based on the income and need of eligible 
 students, to include historically Black colleges and universities in 
 the definition of schools eligible to participate in the program, and 
                          for other purposes)

  Mr. SPECTER. There is a managers' amendment at the desk, and I ask 
for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Pennsylvania [Mr. Specter], for Mr. 
     Thompson, for himself, Mr. Voinovich, Mrs. Hutchison, Mr. 
     Durbin, and Mr. Warner, proposes an amendment numbered 2317.

  The amendment is as follows:
       On page 13, between lines 16 and 17, insert the following:
       (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.
       On page 15, line 22, strike ``1999'' and insert ``1998''.
       On page 23, between lines 10 and 11, insert the following:
       (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.
       On page 23, line 14, strike ``(A)'' and insert ``(A)(i)''.
       On page 23, line 19, strike ``(i)'' and insert ``(I)''.
       On page 23, line 20, strike ``(ii)'' and insert ``(II)''.
       On page 24, line 1, strike ``(iii)'' and insert ``(III)''.
       On page 24, line 5, strike ``(B)'' and insert ``(ii)''.
       On page 24, line 9, strike ``(C)'' and insert ``(iii)''.
       On page 24, line 15, strike the period and insert ``; or''.
       On page 24, between lines 15 and 16, insert the following:
       (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.

  Mr. SPECTER. Mr. President, I ask unanimous consent that the 
amendment be agreed to, the committee substitute be agreed to, as 
amended, the bill be read a third time and passed, the motion to 
reconsider be laid upon the table, and that any statements relating to 
the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment No. (2317) was agreed to.
  The committee amendment, as amended, was agreed to.
  The bill (H.R. 974), as amended, was read the third time and passed.

                          ____________________