Text: H.R.974 — 106th Congress (1999-2000)All Bill Information (Except Text)

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Public Law No: 106-98 (11/12/1999)




[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.

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