[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: --------------------------------------------------------------------------- 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. <all>