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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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