SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Major General David 
F. Wherley, Jr. District of Columbia National Guard Re-
tention and College Access Act of 2009’’. 
SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDU-
CATIONAL ASSISTANCE PROGRAM. 
(a) 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 Na-
tional 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 ex-
tensive 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 
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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 
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 
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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. 
(b) EDUCATIONAL ASSISTANCE PROGRAM AUTHOR-
IZED.—The commanding general of the District of Colum-
bia 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 agree-
ment to serve in the District of Columbia National Guard 
for a period of not less than six years, to assist the mem-
ber in covering expenses incurred by the member while en-
rolled in an approved institution of higher education to 
pursue the member’s first undergraduate, masters, voca-
tional, 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— 
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(1) be satisfactorily performing duty in the Dis-
trict 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 edu-
cation; and 
(3) maintain satisfactory progress in the course 
of study the member is pursuing, determined in ac-
cordance with section 484(c) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1091(c)). 
(d) COVERED EXPENSES.—Financial assistance re-
ceived 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 in-
stitution of higher education involved; 
(2) the cost of books; and 
(3) laboratory expenses. 
(e) AMOUNT OF ASSISTANCE.—The amount of finan-
cial assistance provided to a member of the District of Co-
lumbia 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 re-
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duce 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 as-
sistance 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 edu-
cation, shall develop policies and procedures for the ad-
ministration 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 Co-
lumbia National Guard to enroll in the institution. 
(h) REPAYMENT.—A member of the District of Co-
lumbia 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 re-
quired by subsection (b) or fails to comply with the eligi-
bility conditions specified in subsection (c) shall be subject 
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to the repayment provisions of section 373 of title 37, 
United States Code. 
(i) FUNDING SOURCES AND GIFTS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Dis-
trict 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 Fed-
eral 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 as-
sistance under this section. 
(j) DEFINITION.—In this section, the term ‘‘approved 
institution of higher education’’ means an institution of 
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