SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD 
EDUCATIONAL ASSISTANCE PROGRAM. 
The Act entitled ‘‘An Act to provide for the organiza-
tion of the militia of the District of Columbia’’, approved 
March 1, 1889 (sec. 49–101 et seq., D.C. Official Code), 
is amended by adding at the end the following new title: 
‘‘TITLE II—EDUCATIONAL 
ASSISTANCE PROGRAM 
‘‘SEC. 201. SHORT TITLE; FINDINGS. 
‘‘(a) SHORT TITLE.—This title may be cited as the 
‘Major General David F. Wherley, Jr. District of Colum-
bia National Guard Retention and College Access Act’. 
‘‘(b) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) The District of Columbia National Guard 
is under the exclusive jurisdiction of the President of 
the United States as Commander-in-Chief and, un-
like other National Guards, is permanently federal-
ized. 
‘‘(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 
VerDate Nov 24 2008 
02:58 Oct 23, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3913.IH
H3913
wwoods2 on DSK1DXX6B1PROD with BILLS
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 Dis-
trict 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 Colum-
bia. 
‘‘(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 Mary-
land and Virginia. 
‘‘(7) The States of Maryland and Virginia pro-
vide additional recruiting and retention incentives, 
such as educational benefits, in order to maintain 
their force, and their National Guards have drawn 
VerDate Nov 24 2008 
02:58 Oct 23, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3913.IH
H3913
wwoods2 on DSK1DXX6B1PROD with BILLS
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 mem-
bers 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 Co-
lumbia 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. 
‘‘SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDU-
CATIONAL ASSISTANCE PROGRAM. 
‘‘(a) EDUCATIONAL ASSISTANCE PROGRAM AUTHOR-
IZED.—The Mayor of the District of Columbia shall estab-
lish a program under which the Mayor may provide finan-
cial assistance to an eligible member of the District of Co-
lumbia National Guard to assist the member in covering 
expenses incurred by the member while enrolled in an ap-
proved institution of higher education to pursue the mem-
ber’s first undergraduate, masters, vocational, or technical 
degree or certification. 
VerDate Nov 24 2008 
02:58 Oct 23, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3913.IH
H3913
wwoods2 on DSK1DXX6B1PROD with BILLS
‘‘(b) ELIGIBILITY.— 
‘‘(1) CRITERIA.—A member of the District of 
Columbia National Guard is eligible to receive assist-
ance under the program established under this title 
if the commanding general of the District of Colum-
bia National Guard certifies to the Mayor the fol-
lowing: 
‘‘(A) The member has satisfactorily com-
pleted required initial active duty service. 
‘‘(B) The member has executed a written 
agreement to serve in the District of Columbia 
National Guard for a period of not less than 6 
years. 
‘‘(C) The member is not receiving a Re-
serve Officer Training Corps scholarship. 
‘‘(2) MAINTENANCE OF ELIGIBILITY.—To con-
tinue to be eligible for financial assistance under the 
program, a member of the District of Columbia Na-
tional Guard must— 
‘‘(A) be satisfactorily performing duty in 
the District of Columbia National Guard in ac-
cordance with regulations of the National 
Guard (as certified to the Mayor by the com-
manding general of the District of Columbia 
National Guard); 
VerDate Nov 24 2008 
02:58 Oct 23, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3913.IH
H3913
wwoods2 on DSK1DXX6B1PROD with BILLS
‘‘(B) be enrolled on a full-time or part-time 
basis (seeking to earn at least 3, but less 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, deter-
mined in accordance with section 484(c) of the 
Higher Education Act of 1965 (20 U.S.C. 
1091(c)). 
‘‘SEC. 203. TREATMENT OF ASSISTANCE PROVIDED. 
‘‘(a) PERMITTED USE OF FUNDS.—Financial assist-
ance received by a member of the District of Columbia 
National Guard under the program under this title 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. 
‘‘(b) AMOUNT OF ASSISTANCE.—The amount of fi-
nancial assistance provided to a member of the District 
of Columbia National Guard under the program may be 
up to $400 per credit hour, but not to exceed $5,500 per 
year. If the Mayor determines that the amount available 
to provide assistance under this title in any year will be 
insufficient, the Mayor may reduce the maximum amount 
VerDate Nov 24 2008 
02:58 Oct 23, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3913.IH
H3913
wwoods2 on DSK1DXX6B1PROD with BILLS
of the assistance authorized, or set a limit on the number 
of participants, to ensure that amounts expended do not 
exceed available amounts. 
‘‘(c) RELATION TO OTHER ASSISTANCE.—Except as 
provided in section 202(b)(1)(C), a member of the District 
of Columbia National Guard may receive financial assist-
ance under the program in addition to educational assist-
ance provided under any other provision of law. 
‘‘(d) REPAYMENT.—A member of the District of Co-
lumbia National Guard who receives assistance under the 
program and who, voluntarily or because of misconduct, 
fails to serve for the period covered by the agreement re-
quired by section 202(b)(1) or fails to comply with the 
eligibility conditions specified in section 202(b)(2) shall be 
subject to the repayment provisions of section 373 of title 
37, United States Code. 
‘‘SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM. 
‘‘(a) ADMINISTRATION.—The Mayor, in consultation 
with approved institutions of higher education, shall de-
velop policies and procedures for the administration of the 
program under this title. Nothing in this title shall be con-
strued 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. 
VerDate Nov 24 2008 
02:58 Oct 23, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3913.IH
H3913
wwoods2 on DSK1DXX6B1PROD with BILLS