Appropriation. (1) (a) As used in this section, "fees" means general course fees, in addition to tuition, that are: (i) imposed by an institution of higher education; and (ii) required to be paid by a student to engage in a course of study at the institution of higher education. (b) "Fees" includes: (i) a special course fee; and (ii) expenses for required: (A) text books; and (B) course related materials. (2) The National Guard may provide tuition and fees assistance to a member of the National Guard for study at an institution of higher education, subject to the following requirements: (a) the individual shall be, at the time the individual receives the assistance, an active member of the National Guard; and (b) the assistance is for tuition and fees only and may not be more than the resident tuition and fees for the actual course of postsecondary study engaged in by the individual. (3) (a) Tuition and fees assistance shall be awarded as the adjutant general considers necessary. (b) An individual may apply to the adjutant general for assistance for each year during which the individual is an active member of the National Guard. (c) The adjutant general may recoup funds if a recipient fails to meet the requirements of the program. (4) The adjutant general shall: (a) pay tuition and fees assistance directly to the institution of higher education from the funds appropriated; and (b) establish regulations, procedures, forms, and reports necessary to administer the allocation of assistance and payment of funds under this section. (5) The adjutant general may not use more than 10% of the funds for administration of the program as the adjutant general considers necessary. (6) (a) Subject to Subsections (6)(b) and (c), the adjutant general may allocate funds for the repayment of student loans for members of the National Guard. (b) In addition to the requirements described in Subsection (6)(c), a member of the National Guard qualifies for the repayment of the member's student loans if the member is currently an active member of the National Guard. (c) The adjutant general shall administer the loan repayment option described in this Subsection (6) in accordance with policies and procedures established by the adjutant general, including: (i) additional eligibility requirements; (ii) repayment limits; and (iii) any other condition the adjutant general determines is appropriate.
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