[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9479 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9479
To amend title 10, United States Code, to establish an educational
assistance program to encourage the enlistment of persons in, and
retention of members of, the District of Columbia National Guard by
providing to certain such members financial assistance to attend
undergraduate, vocational, or technical courses.
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IN THE HOUSE OF REPRESENTATIVES
December 8, 2022
Ms. Norton introduced the following bill; which was referred to the
Committee on Armed Services
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A BILL
To amend title 10, United States Code, to establish an educational
assistance program to encourage the enlistment of persons in, and
retention of members of, the District of Columbia National Guard by
providing to certain such members financial assistance to attend
undergraduate, vocational, or technical courses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Major General David F. Wherley, Jr.,
District of Columbia National Guard Retention and College Access
Program Act''.
SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
(a) In General.--Chapter 1611 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 16402. District of Columbia National Guard educational
assistance program
``(a) Establishment.--The commanding general of the District of
Columbia National Guard shall provide financial assistance to an
eligible member of the District of Columbia National Guard for expenses
incurred by the member--
``(1) while enrolled in an approved institution of higher
education; and
``(2) to pursue the member's first undergraduate, masters,
doctoral, vocational, or technical degree or certification.
``(b) Eligibility.--(1) A member of the District of Columbia
National Guard is eligible to receive assistance under this section if
the commanding general of the District of Columbia National Guard
determines the following:
``(A) The member has satisfactorily completed required
initial active duty service.
``(B) The member is not receiving a Reserve Officer
Training Corps scholarship.
``(C) The member has entered into a written agreement to
serve as a member of the District of Columbia National Guard
for a period determined by the commanding general.
``(2) To maintain eligibility for assistance under this section, a
member of the District of Columbia National Guard shall--
``(A) satisfactorily perform duty in the District of
Columbia National Guard;
``(B) be enrolled on a full-time or part-time basis
(seeking to earn at least three, but fewer than 12 credit hours
per semester) in an approved institution of higher education;
and
``(C) maintain satisfactory progress in the course of study
the member is pursuing, determined in accordance with section
484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)).
``(c) Assistance: Amounts; Treatment.--(1) Assistance received by a
member of the District of Columbia National Guard under this section
may be used for--
``(A) tuition and fees charged by an approved institution
of higher education involved;
``(B) the cost of books; and
``(C) laboratory expenses.
``(2) The amount of assistance provided to a member of the District
of Columbia National Guard under this section may not exceed the
following:
``(A) For tuition, $10,000 per year.
``(B) For books, $500 per year.
``(C) For fees and laboratory expenses, $500 per year.
``(3) If the commanding general of the District of Columbia
National Guard determines that the amounts available to provide
assistance under this section in any year will be insufficient, the
commanding general may reduce any maximum amount of the assistance
authorized, or set a limit on the number of participants, to ensure
that amounts expended do not exceed available amounts.
``(4) Except as provided in subsection (b)(1)(B), a member of the
District of Columbia National Guard may receive assistance under this
section in addition to educational assistance provided under any other
provision of law.
``(5) A member of the District of Columbia National Guard who
receives assistance under this section and who fails to serve for the
period specified in an agreement described in subsection (b)(1) or
fails to comply with the eligibility conditions specified in subsection
(b)(2) shall be subject to the repayment provisions of section 373 of
title 37.
``(d) Administration; Funding.--(1) The commanding general of the
District of Columbia National Guard, in consultation with approved
institutions of higher education, shall develop policies and procedures
for the administration of this section. Nothing in this section shall
be construed to require an institution of higher education to alter any
admission policy or standard to enable a member of the District of
Columbia National Guard to enroll in such institution.
``(2)(A) There are authorized to be appropriated such sums as may
be necessary to carry out this section. Funds so appropriated shall
remain available until expended.
``(B) The commanding general may accept the transfer of funds from
a Federal agency and use any funds so transferred for purposes of
providing assistance under this section. There is authorized to be
appropriated to the head of any executive branch agency such sums as
may be necessary to permit the transfer of funds to the commanding
general to provide assistance under this section.
``(C) The commanding general may accept, use, and dispose of
donations of services or property to provide assistance under this
section.
``(e) Definitions.--In this section:
``(1) The term `approved institution of higher education'
means an institution of higher education that--
``(A) 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
``(B) has entered into an agreement with the
commanding general of the District of Columbia National
Guard containing an assurance that funds made available
under this section are used to supplement and not
supplant other assistance that may be available for a
member of the District of Columbia National Guard.
``(2) The term `institution of higher education' has the
meaning given such term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
16401 the following new item:
``16402. District of Columbia National Guard educational assistance
program.''.
(c) Effective Date.--Financial assistance may be provided under
section 16402 of such title, as added by subsection (a), for a period
of instruction that begins on or after January 1, 2023.
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