[107th Congress Public Law 157]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ157.107]


[[Page 117]]

       DISTRICT OF COLUMBIA COLLEGE ACCESS IMPROVEMENT ACT OF 2002

[[Page 116 STAT. 118]]

Public Law 107-157
107th Congress

                                 An Act


 
 To amend the District of Columbia College Access Act of 1999 to permit 
individuals who enroll in an institution of higher education more than 3 
   years after graduating from a secondary school and individuals who 
 attend private historically black colleges and universities nationwide 
 to participate in the tuition assistance programs under such Act, and 
       for other purposes. <<NOTE: Apr. 4, 2002 -  [H.R. 1499]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: District of Columbia 
College Access Improvement Act of 2002.>> assembled,

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 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;

[[Page 116 STAT. 119]]

                    ``(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.''.

[[Page 116 STAT. 120]]

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''.

    Approved April 4, 2002.

LEGISLATIVE HISTORY--H.R. 1499:
---------------------------------------------------------------------------

SENATE REPORTS: No. 107-101 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    June 30, considered and passed 
                                        House.
                                    Dec. 12, considered and passed 
                                        Senate, amended.
                                                        Vol. 148 (2002):
                                    Mar. 12, House concurred in Senate 
                                        amendments with an amendment 
                                        pursuant to H. Res. 364.
                                    Mar. 14, Senate concurred in House 
                                        amendment.

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