District of Columbia National Guard Home Rule Act

I 117TH CONGRESS 1ST SESSION H. R. 657 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 1, 2021 Ms. NORTON (for herself, Mrs. CAROLYN B. MALONEY of New York, and Mr. BROWN) introduced the following bill; which was referred to the Com- mittee on Oversight and Reform 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 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 657 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 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 657 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 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 657 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 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 657 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 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 657 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 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 657 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 after consultation with the 11 commanding general’’. 12 (2) CLERICAL AMENDMENTS.— 13 (A) SECTION HEADING.—The heading of 14 such section is amended to read as follows: 15 ‘‘§ 328. Active Guard and Reserve duty: authority of 16 chief executive’’. 17 (B) TABLE OF SECTIONS.—The table of 18 sections at the beginning of chapter 3 of such 19 title is amended by striking the item relating to 20 section 328 and inserting the following new 21 item: 22 ‘‘328. Active Guard and Reserve duty: authority of chief executive.’’. (g) PERSONNEL MATTERS.—Section 505 of such title 23 is amended by striking ‘‘commanding general of the Na- 24 VerDate Sep 11 2014 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 657 IH tional Guard of the District of Columbia’’ in the first sen- 1 tence and inserting ‘‘Mayor of the District of Columbia’’. 2 (h) NATIONAL GUARD CHALLENGE PROGRAM.—Sec- 3 tion 509 of such title is amended— 4 (1) in subsection (c)(1), by striking ‘‘the com- 5 manding general of the District of Columbia Na- 6 tional Guard, under which the Governor or the com- 7 manding general’’ and inserting ‘‘the Mayor of the 8 District of Columbia, under which the Governor or 9 the Mayor’’; 10 (2) in subsection (g)(2), by striking ‘‘the com- 11 manding general of the District of Columbia Na- 12 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 13 trict of Columbia’’; 14 (3) in subsection (j), by striking ‘‘the com- 15 manding general of the District of Columbia Na- 16 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 17 trict of Columbia’’; and 18 (4) in subsection (k), by striking ‘‘the com- 19 manding general of the District of Columbia Na- 20 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 21 trict of Columbia’’. 22 (i) ISSUANCE OF SUPPLIES.—Section 702(a) of such 23 title is amended by striking ‘‘commanding general of the 24 VerDate Sep 11 2014 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 657 IH National Guard of the District of Columbia’’ and inserting 1 ‘‘Mayor of the District of Columbia’’. 2 (j) APPOINTMENT OF FISCAL OFFICER.—Section 3 708(a) of such title is amended by striking ‘‘commanding 4 general of the National Guard of the District of Colum- 5 bia’’ and inserting ‘‘Mayor of the District of Columbia’’. 6 SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF 7 COLUMBIA HOME RULE ACT. 8 Section 602(b) of the District of Columbia Home 9 Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend- 10 ed by striking ‘‘the National Guard of the District of Co- 11 lumbia,’’. 12 Æ VerDate Sep 11 2014 18:54 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H657.IH H657 pamtmann on DSKBC07HB2PROD with BILLS