I 117th CONGRESS 2d Session H. R. 9479 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.

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 . 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: 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.