District of Columbia National Guard Educational Assistance Program

(a)

Findings

Congress makes the following findings: (1)The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. (2)The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. (3)Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. (4)The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. (5)The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. (6)The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. (7)The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. (8)Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. (9)The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. (b)

Educational assistance program authorized

The commanding general of the District of Columbia National Guard (in this section referred to as the commanding general) may provide financial assistance under this section to a member of the District of Columbia National Guard who has satisfactorily completed required initial active duty service and executes a written agreement to serve in the District of Columbia National Guard for a period of not less than six years, to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member’s first undergraduate, masters, vocational, or technical degree or certification. (c)

Maintenance of eligibility

To continue to be eligible for financial assistance under this section, a member of the District of Columbia National Guard must— (1)be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard; (2)be enrolled on a full-time or part-time basis (at least three, but less than twelve credit hours per semester) in an approved institution of higher education; and (3)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)). (d)

Covered expenses

Financial assistance received by a member of the District of Columbia National Guard under this section may be used to cover— (1)tuition and fees charged by an approved institution of higher education involved; (2)the cost of books; and (3)laboratory expenses. (e)

Amount of assistance

The amount of financial assistance provided to a member of the District of Columbia National Guard under this section may be up to $400 per credit hour, but not to exceed $5,500 per year. If the commanding general determines that the amount available to provide assistance under this section in any year will be insufficient, the commanding general may reduce the 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. (f)

Relation to other assistance

A member of the District of Columbia National Guard may receive financial assistance under this section in addition to assistance provided under any other provision of law, except that the member may not receive financial assistance under this section if the member receives a Reserve Officer Training Corps scholarship. (g)

Administration

The commanding general, 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 the institution’s admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. (h)

Repayment

A member of the District of Columbia National Guard who receives assistance under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by subsection (b) or fails to comply with the eligibility conditions specified in subsection (c) shall be subject to the repayment provisions of section 303a(e) of title 37, United States Code. (i)

Funding sources and gifts

(1)

Authorization of appropriations

There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the commanding general to provide financial assistance under this section. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. (2)

Transfer of funds

The commanding general may accept the transfer of funds from Federal agencies 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 financial assistance under this section. (3)

Donations

The commanding general concerned may accept, use, and dispose of donations of services or property for purposes of providing assistance under this section. (j)

Definition

In this section, the term approved institution of higher education means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that— (1)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 (2)has entered into an agreement with the commanding general containing an assurance that funds made available under this section are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. (k)

Implementation of program

Financial assistance may be provided under this section to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2007.