[106th Congress Public Law 98]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ098.106]
[[Page 113 STAT. 1323]]
Public Law 106-98
106th Congress
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. <<NOTE: Nov. 12, 1999 - [H.R. 974]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: District of Columbia
College Access Act of 1999.>> 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
[[Page 113 STAT. 1324]]
(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;
[[Page 113 STAT. 1325]]
(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--
[[Page 113 STAT. 1326]]
(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 <<NOTE: Effective date.>> 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.
[[Page 113 STAT. 1327]]
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.
[[Page 113 STAT. 1328]]
(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--
[[Page 113 STAT. 1329]]
(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 <<NOTE: Rules.>> 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).
Approved November 12, 1999.
LEGISLATIVE HISTORY--H.R. 974:
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HOUSE REPORTS: No. 106-158, Pt. 1 (Comm. on Government Reform).
SENATE REPORTS: No. 106-154 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 145 (1999):
May 24, considered and passed House.
Oct. 19, considered and passed Senate, amended.
Nov. 1, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Nov. 12, Presidential statement.
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