[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3323 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3323

    To establish a District of Columbia National Guard Educational 
Assistance Program to encourage the enlistment and retention of persons 
   in the District of Columbia National Guard by providing financial 
 assistance to enable members of the National Guard of the District of 
  Columbia to attend undergraduate, vocational, or technical courses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2009

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

_______________________________________________________________________

                                 A BILL


 
    To establish a District of Columbia National Guard Educational 
Assistance Program to encourage the enlistment and retention of persons 
   in the District of Columbia National Guard by providing financial 
 assistance to enable members of the National Guard of the District of 
  Columbia 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 Act of 
2009''.

SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE 
              PROGRAM.

    (a) Findings.--Congress makes the following findings:
            (1) The District of Columbia National Guard is under the 
        exclusive jurisdiction of the President of the United States as 
        Commander-in-Chief and, unlike other National Guards, is 
        permanently federalized.
            (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 
        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 District 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 Columbia.
            (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 Maryland and Virginia.
            (7) The States of Maryland and Virginia provide 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 members 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 Columbia 
        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 Authorized.--The commanding 
general of the District of Columbia 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 agreement to serve in the District 
of Columbia National Guard for a period of not less than six years, to 
assist the member in covering expenses incurred by the member while 
enrolled in an approved institution of higher education to pursue the 
member's first undergraduate, masters, vocational, 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--
            (1) be satisfactorily performing duty in the District 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 education; and
            (3) 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)).
    (d) Covered Expenses.--Financial assistance received 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 institution of 
        higher education involved;
            (2) the cost of books; and
            (3) laboratory expenses.
    (e) Amount of Assistance.--The amount of financial assistance 
provided to a member of the District of Columbia 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 reduce 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 assistance 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 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 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.
    (h) Repayment.--A member of the District of Columbia 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 required by subsection (b) or fails to comply with the 
eligibility conditions specified in subsection (c) shall be subject 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 District 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 Federal 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 assistance under this section.
    (j) Definition.--In this section, the term ``approved institution 
of higher education'' means an institution of higher education (as 
defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 
1002)) that--
            (1) 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
            (2) has entered into an agreement with the commanding 
        general containing an assurance that funds made available under 
        this section are used to supplement and not supplant other 
        assistance that may be available for members of the District of 
        Columbia National Guard.
    (k) Implementation of Program.--Financial assistance may be 
provided under this section to eligible members of the District of 
Columbia National Guard for periods of instruction that begin on or 
after January 1, 2010.
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