[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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2022

  Ms. Norton introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 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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