113 STAT. 1324 PUBLIC LAW 106-98—NOV. 12, 1999 (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee pa5anents 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 pa5anents made under this section in succeeding years; (B) is eligible to participate in the student financial assisteince 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;
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