[Congressional Record Volume 156, Number 98 (Monday, June 28, 2010)]
[House]
[Pages H4883-H4885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1430
MAJOR GENERAL DAVID F. WHERLEY, JR. DISTRICT OF COLUMBIA NATIONAL GUARD 
                    RETENTION AND COLLEGE ACCESS ACT

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3913) to direct the Mayor of the District of Columbia 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3913

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL 
                   ASSISTANCE PROGRAM.

       The Act entitled ``An Act to provide for the organization 
     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 Columbia National 
     Guard Retention and College Access Act'.
       ``(b) 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.

[[Page H4884]]

       ``(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.

     ``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL 
                   ASSISTANCE PROGRAM.

       ``(a) Educational Assistance Program Authorized.--The Mayor 
     of the District of Columbia, in coordination with the 
     commanding general of the District of Columbia National 
     Guard, shall establish a program under which the Mayor may 
     provide financial assistance to an eligible member of the 
     District of Columbia National Guard 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.
       ``(b) Eligibility.--
       ``(1) Criteria.--A member of the District of Columbia 
     National Guard is eligible to receive assistance under the 
     program established under this title if the commanding 
     general of the District of Columbia National Guard certifies 
     to the Mayor the following:
       ``(A) The member has satisfactorily completed 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 Reserve Officer 
     Training Corps scholarship.
       ``(2) Maintenance of eligibility.--To continue to be 
     eligible for financial assistance under the program, a member 
     of the District of Columbia National Guard must--
       ``(A) be satisfactorily performing duty in the District of 
     Columbia National Guard in accordance with regulations of the 
     National Guard (as certified to the Mayor by the commanding 
     general of the District of Columbia National Guard);
       ``(B) be enrolled on a full-time or part-time basis 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)).

     ``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED.

       ``(a) Permitted Use of Funds.--Financial assistance 
     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 financial 
     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 $6,000 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 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 assistance under the 
     program in addition to educational assistance provided under 
     any other provision of law.
       ``(d) Repayment.--A member of the District of Columbia 
     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 required 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 coordination with the 
     commanding general of the District of Columbia National Guard 
     and in consultation with approved institutions of higher 
     education, shall develop policies and procedures for the 
     administration of the program under this title. Nothing in 
     this title 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.
       ``(b) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the District of Columbia 
     such sums as may be necessary to enable the Mayor to provide 
     financial assistance under the program. Funds appropriated 
     pursuant to this authorization of appropriations shall remain 
     available until expended.
       ``(2) Transfer of funds.--The Mayor may accept the transfer 
     of funds from Federal agencies and use any funds so 
     transferred for purposes of providing assistance under the 
     program. 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 Mayor to provide 
     financial assistance under this section.
       ``(3) Limit.--The aggregate amount authorized to be 
     appropriated under paragraphs (1) and (2) for a fiscal year 
     may not exceed--
       ``(A) for fiscal year 2011, $370,000; and
       ``(B) for each succeeding fiscal year, the limit applicable 
     under this paragraph for the previous fiscal year, adjusted 
     by the tuition inflation index used for the year by the 
     Secretary of Veterans Affairs for education benefits under 
     section 3015(h)(1) of title 38, United States Code.
       ``(c) Acceptance of Donations.--The Mayor may accept, use, 
     and dispose of donations of services or property for purposes 
     of providing assistance under the program.

     ``SEC. 205. DEFINITION.

       ``In this title, 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 Mayor 
     containing an assurance that funds made available under this 
     title are used to supplement and not supplant other 
     assistance that may be available for members of the District 
     of Columbia National Guard.

     ``SEC. 206. EFFECTIVE DATE.

       ``Financial assistance may be provided under the program 
     under this title to eligible members of the District of 
     Columbia National Guard for periods of instruction that begin 
     on or after January 1, 2010.''.

     SEC. 2. PAYGO COMPLIANCE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from California 
(Mr. Bilbray) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as amended, H.R. 3913 would require the Mayor of the 
District of Columbia to establish a program to provide financial 
assistance to members of the District of Columbia National Guard to 
assist in covering higher education expenses. The Mayor would establish 
this program in coordination with the commander of the District of 
Columbia National Guard. Assistance would be capped at $6,000 per year 
per National Guard member.
  H.R. 3913, as amended, authorizes appropriations to the District of 
Columbia for the assistance program. The bill would also authorize the 
transfer of funds from Federal agencies for providing assistance under 
the program. The initial authorization for the program is $370,000 in 
FY 2011. The bill would permit annual adjustments in succeeding years 
based on the tuition inflation index used by the Secretary of Veterans 
Affairs for educational benefits. As amended, H.R. 3913 complies with 
PAYGO requirements.
  Mr. Speaker, in addition, the bill seeks to name the bill after 
former General David Wherley of the District of Columbia National 
Guard.
  Mr. Speaker, I told the D.C. National Guard's 547th Transportation 
Company when they were deployed to Iraq about a year ago that I would 
introduce several D.C. National Guard bills concerning their service. 
Today, we consider the Major General David F.

[[Page H4885]]

Wherley, Jr. District of Columbia National Guard Retention and College 
Access Act to permanently authorize funding for a program to provide 
grants for secondary education tuition to the members of the D.C. 
National Guard.
  The bill authorizes an education incentive program recommended by 
former Major General David Wherley and his successor, Major General 
Errol Schwartz, who suggested that education grants would be useful in 
stemming the troublesome loss of members of the D.C. Guard to units, in 
part, because surrounding States offer just such educational benefits.
  I am grateful that the Appropriations Committee has allotted funds in 
some years, with smaller contributions from the District, in the 
Financial Services and General Government Appropriations bill. A 
permanent authorization is necessary, however, to ensure that D.C. 
National Guard members receive equal treatment and benefits with other 
National Guard members on a regular basis, especially with surrounding 
States that do, in fact, have the higher education benefits we seek for 
the D.C. National Guard. The Guard for the Nation's Capital is 
competing for members from the pool of regional residents who find 
membership in Maryland and Virginia Guards more financially beneficial.
  Mr. Speaker, last week, on June 22, we marked the 1-year anniversary 
of the commemoration of the Metro collision here involving two Red Line 
trains that took the lives of nine area residents, seven from the 
District of Columbia, including a local hero, Major General David F. 
Wherley, Jr., and his wife Ann. This bill is named in honor of General 
Wherley, who not only served his country all his adult life and never 
forgot the men and women who served under him at home or at war, but 
also was particularly attentive to the residents of the District of 
Columbia, especially the city's most troubled youth. Thereafter, 
Congressman Jose Serrano, chair of the Committee on Appropriations 
Financial Services Subcommittee, was good enough to offer this renaming 
in his appropriations bill last year and to appropriate the funds 
without authorization this year or in prior years.
  Under General Wherley's command, the D.C. National Guard deployed 
several of its units to the global war on terrorism. General Wherley 
himself served courageously in both Iraq and Afghanistan, but at home 
he spent hours with me figuring out ways to get funds for programs for 
the District's children. We were successful, because he would show up, 
not only in my office, but wherever he was needed to get the funds to 
do the service for his men and for the children of this city.
  General Wherley was a full-service leader. He not only commanded the 
D.C. National Guard; he worked closely with me and with city officials 
on programs for our city and its disadvantaged youth and for keeping 
our Guard competitive as a premier force at home as well as abroad.
   The education incentives in this bill serve not only to encourage 
high-quality recruits, but, when appropriated, have had the important 
benefit of helping the D.C. National Guard to maintain the force 
necessary to protect the Federal presence, because this funding helps 
equalize an important benefit compared with what is offered by Guard 
units in surrounding jurisdictions which also are open to D.C. National 
Guard members.
  While the appropriators have been good enough to provide funding for 
the D.C. National Guard by considering it a programmatic request, it is 
imperative that this important educational initiative be authorized 
appropriately to ensure its permanent sustainability.
  I urge my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. BILBRAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is a privilege to join with my colleague, the 
Delegate from Washington, D.C. This bill quite appropriately is named 
in honor of an individual within the Federal District who served the 
community well and, more importantly, the context and the substance of 
this bill gives equity to those men and women who serve in the National 
Guard for the Federal District of Columbia and gives them equity with 
those States that surround the Federal District.
  I think many times Congress is asked to give special attention to our 
residents in the Federal District, and I think this is one of fairness, 
equity, one that I think is well within our constitutional, not only 
our rights, but our responsibilities to represent not just those in our 
own districts, but to recognize that the Federal District is a district 
for all Americans.
  Mr. Speaker, I yield back the balance of my time.
  Ms. NORTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 3913, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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