What This Bill Does
This bill transfers control of the District of Columbia National Guard from the President of the United States to the Mayor of the District of Columbia. It gives the Mayor the same authority over the National Guard that governors have over their state National Guards. The bill makes changes to federal law to replace references to the President or the commanding general with the Mayor.
Who It Affects
The Mayor of the District of Columbia, the District of Columbia National Guard, federal agencies that oversee the National Guard, and residents of the District of Columbia.
Key Provisions
- The Mayor becomes the commander-in-chief of the District of Columbia National Guard instead of the President (Sec. 2(a))
- The Mayor appoints commissioned officers to the National Guard, a power previously held by the President (Sec. 2(c))
- The Mayor gains authority to order the National Guard to perform active duty and other service, replacing the President's authority (Sec. 2(d), Sec. 2(e))
- Federal law is changed to recognize the Mayor instead of the commanding general in decisions about National Guard training, personnel matters and supplies (Sec. 3, Sec. 4)
- The District of Columbia is treated the same as states in federal National Guard assistance programs (Sec. 4(c))
What Changes
If this becomes law, the President no longer controls the District of Columbia National Guard. Instead, the Mayor makes decisions about how the National Guard operates, who leads it, when members serve on active duty, and how the Guard is equipped. Federal references to the commanding general of the District of Columbia National Guard are replaced with references to the Mayor in all relevant laws.
Important Definitions
None defined in bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 811
To extend to the Mayor of the District of Columbia the same authority
over the National Guard of the District of Columbia as the Governors
of the several States exercise over the National Guard of those States
with respect to administration of the National Guard.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Ms. NORTON introduced the following bill; which was referred to the
Committee on Oversight and Accountability
A BILL
To extend to the Mayor of the District of Columbia the
same authority over the National Guard of the District
of Columbia as the Governors of the several States exer-
cise over the National Guard of those States with respect
to administration of the National Guard.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘District of Columbia
4
National Guard Home Rule Act’’.
5
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 811 IH
SEC. 2. EXTENSION OF NATIONAL GUARD AUTHORITIES TO
1
MAYOR OF THE DISTRICT OF COLUMBIA.
2
(a) MAYOR AS COMMANDER-IN-CHIEF.—Section 6 of
3
the Act entitled ‘‘An Act to provide for the organization
4
of the militia of the District of Columbia, and for other
5
purposes’’, approved March 1, 1889 (sec. 49–409, D.C.
6
Official Code), is amended by striking ‘‘President of the
7
United States’’ and inserting ‘‘Mayor of the District of
8
Columbia’’.
9
(b) RESERVE CORPS.—Section 72 of such Act (sec.
10
49–407, D.C. Official Code) is amended by striking
11
‘‘President of the United States’’ each place it appears
12
and inserting ‘‘Mayor of the District of Columbia’’.
13
(c) APPOINTMENT OF COMMISSIONED OFFICERS.—
14
(1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official
15
Code) is amended—
16
(A) by striking ‘‘President of the United
17
States’’ and inserting ‘‘Mayor of the District of Co-
18
lumbia’’; and
19
(B) by striking ‘‘President.’’ and inserting
20
‘‘Mayor.’’.
21
(2) Section 9 of such Act (sec. 49–304, D.C. Official
22
Code) is amended by striking ‘‘President’’ and inserting
23
‘‘Mayor of the District of Columbia’’.
24
(3) Section 13 of such Act (sec. 49–305, D.C. Official
25
Code) is amended by striking ‘‘President of the United
26
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 811 IH
States’’ and inserting ‘‘Mayor of the District of Colum-
1
bia’’.
2
(4) Section 19 of such Act (sec. 49–311, D.C. Official
3
Code) is amended—
4
(A) in subsection (a), by striking ‘‘to the Sec-
5
retary of the Army’’ and all that follows through
6
‘‘which board’’ and inserting ‘‘to a board of exam-
7
ination appointed by the Commanding General,
8
which’’; and
9
(B) in subsection (b), by striking ‘‘the Sec-
10
retary of the Army’’ and all that follows through the
11
period and inserting ‘‘the Mayor of the District of
12
Columbia, together with any recommendations of the
13
Commanding General.’’.
14
(5) Section 20 of such Act (sec. 49–312, D.C. Official
15
Code) is amended—
16
(A) by striking ‘‘President of the United
17
States’’ each place it appears and inserting ‘‘Mayor
18
of the District of Columbia’’; and
19
(B) by striking ‘‘the President may retire’’ and
20
inserting ‘‘the Mayor may retire’’.
21
(d) CALL FOR DUTY.—(1) Section 45 of such Act
22
(sec. 49–103, D.C. Official Code) is amended by striking
23
‘‘, or for the United States Marshal’’ and all that follows
24
through ‘‘shall thereupon order’’ and inserting ‘‘to order’’.
25
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 811 IH
(2) Section 46 of such Act (sec. 49–104, D.C. Official
1
Code) is amended by striking ‘‘the President’’ and insert-
2
ing ‘‘the Mayor of the District of Columbia’’.
3
(e) GENERAL COURTS MARTIAL.—Section 51 of such
4
Act (sec. 49–503, D.C. Official Code) is amended by strik-
5
ing ‘‘the President of the United States’’ and inserting
6
‘‘the Mayor of the District of Columbia’’.
7
SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED
8
STATES CODE.
9
(a) FAILURE TO SATISFACTORILY PERFORM PRE-
10
SCRIBED TRAINING.—Section 10148(b) of title 10, United
11
States Code, is amended by striking ‘‘the commanding
12
general of the District of Columbia National Guard’’ and
13
inserting ‘‘the Mayor of the District of Columbia’’.
14
(b) APPOINTMENT OF CHIEF OF NATIONAL GUARD
15
BUREAU.—Section 10502(a)(1) of such title is amended
16
by striking ‘‘the commanding general of the District of
17
Columbia National Guard’’ and inserting ‘‘the Mayor of
18
the District of Columbia’’.
19
(c) VICE CHIEF OF NATIONAL GUARD BUREAU.—
20
Section 10505(a)(1)(A) of such title is amended by strik-
21
ing ‘‘the commanding general of the District of Columbia
22
National Guard’’ and inserting ‘‘the Mayor of the District
23
of Columbia’’.
24
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 811 IH
(d) OTHER SENIOR NATIONAL GUARD BUREAU OF-
1
FICERS.—Section 10506(a)(1) of such title is amended by
2
striking ‘‘the commanding general of the District of Co-
3
lumbia National Guard’’ both places it appears and insert-
4
ing ‘‘the Mayor of the District of Columbia’’.
5
(e) CONSENT FOR ACTIVE DUTY OR RELOCATION.—
6
(1) Section 12301 of such title is amended—
7
(A) in subsection (b), by striking ‘‘commanding
8
general of the District of Columbia National Guard’’
9
in the second sentence and inserting ‘‘Mayor of the
10
District of Columbia’’; and
11
(B) in subsection (d), by striking the period at
12
the end and inserting the following: ‘‘, or, in the
13
case of the District of Columbia National Guard, the
14
Mayor of the District of Columbia.’’.
15
(2) Section 12406 of such title is amended by striking
16
‘‘the commanding general of the National Guard of the
17
District of Columbia’’ and inserting ‘‘the Mayor of the
18
District of Columbia’’.
19
(f) CONSENT FOR RELOCATION OF UNITS.—Section
20
18238 of such title is amended by striking ‘‘the com-
21
manding general of the National Guard of the District of
22
Columbia’’ and inserting ‘‘the Mayor of the District of Co-
23
lumbia’’.
24
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 811 IH
SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED
1
STATES CODE.
2
(a) MAINTENANCE
OF OTHER TROOPS.—Section
3
109(c) of title 32, United States Code, is amended by
4
striking ‘‘(or commanding general in the case of the Dis-
5
trict of Columbia)’’.
6
(b) DRUG INTERDICTION AND COUNTER-DRUG AC-
7
TIVITIES.—Section 112(h)(2) of such title is amended by
8
striking ‘‘the Commanding General of the National Guard
9
of the District of Columbia’’ and inserting ‘‘the Mayor of
10
the District of Columbia’’.
11
(c) ADDITIONAL ASSISTANCE.—Section 113 of such
12
title is amended by adding at the end the following new
13
subsection:
14
‘‘(e) INCLUSION
OF DISTRICT
OF COLUMBIA.—In
15
this section, the term ‘State’ includes the District of Co-
16
lumbia.’’.
17
(d) APPOINTMENT OF ADJUTANT GENERAL.—Sec-
18
tion 314 of such title is amended—
19
(1) by striking subsection (b);
20
(2) by redesignating subsections (c) and (d) as
21
subsections (b) and (c), respectively; and
22
(3) in subsection (b) (as so redesignated), by
23
striking ‘‘the commanding general of the District of
24
Columbia National Guard’’ and inserting ‘‘the
25
Mayor of the District of Columbia,’’.
26
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•HR 811 IH
(e) RELIEF FROM NATIONAL GUARD DUTY.—Sec-
1
tion 325(a)(2)(B) of such title is amended by striking
2
‘‘commanding general of the District of Columbia Na-
3
tional Guard’’ and inserting ‘‘the Mayor of the District
4
of Columbia’’.
5
(f) AUTHORITY TO ORDER TO PERFORM ACTIVE
6
GUARD AND RESERVE DUTY.—
7
(1) AUTHORITY.—Subsection (a) of section 328
8
of such title is amended by striking ‘‘the com-
9
manding general’’ and inserting ‘‘the Mayor of the
10
District of Columbia’’.
11
(2) CLERICAL AMENDMENTS.—
12
(A) SECTION HEADING.—The heading of
13
such section is amended to read as follows:
14
‘‘§ 328. Active Guard and Reserve duty: authority of
15
chief executive’’.
16
(B) TABLE OF SECTIONS.—The table of
17
sections at the beginning of chapter 3 of such
18
title is amended by striking the item relating to
19
section 328 and inserting the following new
20
item:
21
‘‘328. Active Guard and Reserve duty: authority of chief executive.’’.
(g) PERSONNEL MATTERS.—Section 505 of such title
22
is amended by striking ‘‘commanding general of the Na-
23
tional Guard of the District of Columbia’’ in the first sen-
24
tence and inserting ‘‘Mayor of the District of Columbia’’.
25
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•HR 811 IH
(h) NATIONAL GUARD CHALLENGE PROGRAM.—Sec-
1
tion 509 of such title is amended—
2
(1) in subsection (c)(1), by striking ‘‘the com-
3
manding general of the District of Columbia Na-
4
tional Guard, under which the Governor or the com-
5
manding general’’ and inserting ‘‘the Mayor of the
6
District of Columbia, under which the Governor or
7
the Mayor’’;
8
(2) in subsection (g)(2), by striking ‘‘the com-
9
manding general of the District of Columbia Na-
10
tional Guard’’ and inserting ‘‘the Mayor of the Dis-
11
trict of Columbia’’;
12
(3) in subsection (j), by striking ‘‘the com-
13
manding general of the District of Columbia Na-
14
tional Guard’’ and inserting ‘‘the Mayor of the Dis-
15
trict of Columbia’’; and
16
(4) in subsection (k), by striking ‘‘the com-
17
manding general of the District of Columbia Na-
18
tional Guard’’ and inserting ‘‘the Mayor of the Dis-
19
trict of Columbia’’.
20
(i) ISSUANCE OF SUPPLIES.—Section 702(a) of such
21
title is amended by striking ‘‘commanding general of the
22
National Guard of the District of Columbia’’ and inserting
23
‘‘Mayor of the District of Columbia’’.
24
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB
9
•HR 811 IH
(j) APPOINTMENT
OF FISCAL OFFICER.—Section
1
708(a) of such title is amended by striking ‘‘commanding
2
general of the National Guard of the District of Colum-
3
bia’’ and inserting ‘‘Mayor of the District of Columbia’’.
4
SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF
5
COLUMBIA HOME RULE ACT.
6
Section 602(b) of the District of Columbia Home
7
Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend-
8
ed by striking ‘‘the National Guard of the District of Co-
9
lumbia,’’.
10
Æ
VerDate Sep 11 2014
22:31 Feb 27, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H811.IH
H811
pbinns on DSKJLVW7X2PROD with $$_JOB