District of Columbia National Guard Home Rule Act

II 117TH CONGRESS 1ST SESSION S. 130 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 and its use to respond to natural disasters and other civil disturbances, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. VAN HOLLEN (for himself, Mr. CARPER, Mr. BLUMENTHAL, Ms. BALD- WIN, Mr. MARKEY, Mr. WYDEN, Mr. CARDIN, Mr. KAINE, Mr. DURBIN, Mr. CASEY, Ms. DUCKWORTH, Ms. CORTEZ MASTO, Mr. HEINRICH, and Mr. WARNER) introduced the following bill; which was read twice and re- ferred to the Committee on Armed Services 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 and its use to respond to natural disasters and other civil disturb- ances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 130 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘District of Columbia 2 National Guard Home Rule Act’’. 3 SEC. 2. EXTENSION OF NATIONAL GUARD AUTHORITIES TO 4 MAYOR OF THE DISTRICT OF COLUMBIA. 5 (a) MAYOR AS COMMANDER-IN-CHIEF.—Section 6 of 6 the Act entitled ‘‘An Act to provide for the organization 7 of the militia of the District of Columbia, and for other 8 purposes’’, approved March 1, 1889 (sec. 49–409, D.C. 9 Official Code), is amended by striking ‘‘President of the 10 United States’’ and inserting ‘‘Mayor of the District of 11 Columbia’’. 12 (b) RESERVE CORPS.—Section 72 of such Act (sec. 13 49–407, D.C. Official Code) is amended by striking 14 ‘‘President of the United States’’ each place it appears 15 and inserting ‘‘Mayor of the District of Columbia’’. 16 (c) APPOINTMENT OF COMMISSIONED OFFICERS.— 17 (1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official 18 Code) is amended— 19 (A) by striking ‘‘President of the United 20 States’’ and inserting ‘‘Mayor of the District of Co- 21 lumbia’’; and 22 (B) by striking ‘‘President.’’ and inserting 23 ‘‘Mayor.’’. 24 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 130 IS (2) Section 9 of such Act (sec. 49–304, D.C. Official 1 Code) is amended by striking ‘‘President’’ and inserting 2 ‘‘Mayor of the District of Columbia’’. 3 (3) Section 13 of such Act (sec. 49–305, D.C. Official 4 Code) is amended by striking ‘‘President of the United 5 States’’ and inserting ‘‘Mayor of the District of Colum- 6 bia’’. 7 (4) Section 19 of such Act (sec. 49–311, D.C. Official 8 Code) is amended— 9 (A) in subsection (a), by striking ‘‘to the Sec- 10 retary of the Army’’ and all that follows through 11 ‘‘which board’’ and inserting ‘‘to a board of exam- 12 ination appointed by the Commanding General, 13 which’’; and 14 (B) in subsection (b), by striking ‘‘the Sec- 15 retary of the Army’’ and all that follows through the 16 period and inserting ‘‘the Mayor of the District of 17 Columbia, together with any recommendations of the 18 Commanding General.’’. 19 (5) Section 20 of such Act (sec. 49–312, D.C. Official 20 Code) is amended— 21 (A) by striking ‘‘President of the United 22 States’’ each place it appears and inserting ‘‘Mayor 23 of the District of Columbia’’; and 24 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 130 IS (B) by striking ‘‘the President may retire’’ and 1 inserting ‘‘the Mayor may retire’’. 2 (d) CALL FOR DUTY.—(1) Section 45 of such Act 3 (sec. 49–103, D.C. Official Code) is amended by striking 4 ‘‘, or for the United States Marshal’’ and all that follows 5 through ‘‘shall thereupon order’’ and inserting ‘‘to order’’. 6 (2) Section 46 of such Act (sec. 49–104, D.C. Official 7 Code) is amended by striking ‘‘the President’’ and insert- 8 ing ‘‘the Mayor of the District of Columbia’’. 9 (e) GENERAL COURTS MARTIAL.—Section 51 of such 10 Act (sec. 49–503, D.C. Official Code) is amended by strik- 11 ing ‘‘the President of the United States’’ and inserting 12 ‘‘the Mayor of the District of Columbia’’. 13 SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED 14 STATES CODE. 15 (a) FAILURE TO SATISFACTORILY PERFORM PRE- 16 SCRIBED TRAINING.—Section 10148(b) of title 10, United 17 States Code, is amended by striking ‘‘the commanding 18 general of the District of Columbia National Guard’’ and 19 inserting ‘‘the Mayor of the District of Columbia’’. 20 (b) APPOINTMENT OF CHIEF OF NATIONAL GUARD 21 BUREAU.—Section 10502(a)(1) of such title is amended 22 by striking ‘‘the commanding general of the District of 23 Columbia National Guard’’ and inserting ‘‘the Mayor of 24 the District of Columbia’’. 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 130 IS (c) VICE CHIEF OF NATIONAL GUARD BUREAU.— 1 Section 10505(a)(1)(A) of such title is amended by strik- 2 ing ‘‘the commanding general of the District of Columbia 3 National Guard’’ and inserting ‘‘the Mayor of the District 4 of Columbia’’. 5 (d) OTHER SENIOR NATIONAL GUARD BUREAU OF- 6 FICERS.—Section 10506(a)(1) of such title is amended by 7 striking ‘‘the commanding general of the District of Co- 8 lumbia National Guard’’ both places it appears and insert- 9 ing ‘‘the Mayor of the District of Columbia’’. 10 (e) CONSENT FOR ACTIVE DUTY OR RELOCATION.— 11 (1) Section 12301 of such title is amended— 12 (A) in subsection (b), by striking ‘‘commanding 13 general of the District of Columbia National Guard’’ 14 in the second sentence and inserting ‘‘Mayor of the 15 District of Columbia’’; and 16 (B) in subsection (d), by striking the period at 17 the end and inserting the following: ‘‘, or, in the 18 case of the District of Columbia National Guard, the 19 Mayor of the District of Columbia.’’. 20 (2) Section 12406 of such title is amended by striking 21 ‘‘the commanding general of the National Guard of the 22 District of Columbia’’ and inserting ‘‘the Mayor of the 23 District of Columbia’’. 24 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 130 IS (f) CONSENT FOR RELOCATION OF UNITS.—Section 1 18238 of such title is amended by striking ‘‘the com- 2 manding general of the National Guard of the District of 3 Columbia’’ and inserting ‘‘the Mayor of the District of Co- 4 lumbia’’. 5 SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED 6 STATES CODE. 7 (a) MAINTENANCE OF OTHER TROOPS.—Section 8 109(c) of title 32, United States Code, is amended by 9 striking ‘‘(or commanding general in the case of the Dis- 10 trict of Columbia)’’. 11 (b) DRUG INTERDICTION AND COUNTER-DRUG AC- 12 TIVITIES.—Section 112(h)(2) of such title is amended by 13 striking ‘‘the Commanding General of the National Guard 14 of the District of Columbia’’ and inserting ‘‘the Mayor of 15 the District of Columbia’’. 16 (c) ADDITIONAL ASSISTANCE.—Section 113 of such 17 title is amended by adding at the end the following new 18 subsection: 19 ‘‘(e) INCLUSION OF DISTRICT OF COLUMBIA.—In 20 this section, the term ‘State’ includes the District of Co- 21 lumbia.’’. 22 (d) APPOINTMENT OF ADJUTANT GENERAL.—Sec- 23 tion 314 of such title is amended— 24 (1) by striking subsection (b); 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 130 IS (2) by redesignating subsections (c) and (d) as 1 subsections (b) and (c), respectively; and 2 (3) in subsection (b) (as so redesignated), by 3 striking ‘‘the commanding general of the District of 4 Columbia National Guard’’ and inserting ‘‘the 5 Mayor of the District of Columbia,’’. 6 (e) RELIEF FROM NATIONAL GUARD DUTY.—Sec- 7 tion 325(a)(2)(B) of such title is amended by striking 8 ‘‘commanding general of the District of Columbia Na- 9 tional Guard’’ and inserting ‘‘the Mayor of the District 10 of Columbia’’. 11 (f) AUTHORITY TO ORDER TO PERFORM ACTIVE 12 GUARD AND RESERVE DUTY.— 13 (1) AUTHORITY.—Subsection (a) of section 328 14 of such title is amended by striking ‘‘the com- 15 manding general’’ and inserting ‘‘the Mayor of the 16 District of Columbia after consultation with the 17 commanding general’’. 18 (2) CLERICAL AMENDMENTS.— 19 (A) SECTION HEADING.—The heading of 20 such section is amended to read as follows: 21 ‘‘§ 328. Active Guard and Reserve duty: authority of 22 chief executive’’. 23 (B) TABLE OF SECTIONS.—The table of 24 sections at the beginning of chapter 3 of such 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 130 IS title is amended by striking the item relating to 1 section 328 and inserting the following new 2 item: 3 ‘‘328. Active Guard and Reserve duty: authority of chief executive.’’. (g) PERSONNEL MATTERS.—Section 505 of such title 4 is amended by striking ‘‘commanding general of the Na- 5 tional Guard of the District of Columbia’’ in the first sen- 6 tence and inserting ‘‘Mayor of the District of Columbia’’. 7 (h) NATIONAL GUARD CHALLENGE PROGRAM.—Sec- 8 tion 509 of such title is amended— 9 (1) in subsection (c)(1), by striking ‘‘the com- 10 manding general of the District of Columbia Na- 11 tional Guard, under which the Governor or the com- 12 manding general’’ and inserting ‘‘the Mayor of the 13 District of Columbia, under which the Governor or 14 the Mayor’’; 15 (2) in subsection (g)(2), by striking ‘‘the com- 16 manding general of the District of Columbia Na- 17 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 18 trict of Columbia’’; 19 (3) in subsection (j), by striking ‘‘the com- 20 manding general of the District of Columbia Na- 21 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 22 trict of Columbia’’; and 23 (4) in subsection (k), by striking ‘‘the com- 24 manding general of the District of Columbia Na- 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 130 IS tional Guard’’ and inserting ‘‘the Mayor of the Dis- 1 trict of Columbia’’. 2 (i) ISSUANCE OF SUPPLIES.—Section 702(a) of such 3 title is amended by striking ‘‘commanding general of the 4 National Guard of the District of Columbia’’ and inserting 5 ‘‘Mayor of the District of Columbia’’. 6 (j) APPOINTMENT OF FISCAL OFFICER.—Section 7 708(a) of such title is amended by striking ‘‘commanding 8 general of the National Guard of the District of Colum- 9 bia’’ and inserting ‘‘Mayor of the District of Columbia’’. 10 SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF 11 COLUMBIA HOME RULE ACT. 12 Section 602(b) of the District of Columbia Home 13 Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend- 14 ed by striking ‘‘the National Guard of the District of Co- 15 lumbia,’’. 16 Æ VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S130.IS S130 pamtmann on DSKBC07HB2PROD with BILLS