District of Columbia National Guard Home Rule Act

I 116TH CONGRESS 1ST SESSION H. R. 1090 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, while ensuring that the President retains control of the National Guard of the District of Columbia to respond to homeland defense emergencies. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7, 2019 Ms. NORTON introduced the following bill; which was referred to the Com- mittee on Oversight and Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned 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, while ensuring that the President retains control of the National Guard of the District of Columbia to respond to homeland defense emergencies. VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1090 IH 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 SEC. 2. EXTENSION OF NATIONAL GUARD AUTHORITIES TO 6 MAYOR OF THE DISTRICT OF COLUMBIA. 7 (a) MAYOR AS COMMANDER-IN-CHIEF.—Section 6 of 8 the Act entitled ‘‘An Act to provide for the organization 9 of the militia of the District of Columbia, and for other 10 purposes’’, approved March 1, 1889 (sec. 49–409, D.C. 11 Official Code), is amended by striking ‘‘President of the 12 United States’’ and inserting ‘‘Mayor of the District of 13 Columbia’’. 14 (b) RESERVE CORPS.—Section 72 of such Act (sec. 15 49–407, D.C. Official Code) is amended by striking 16 ‘‘President of the United States’’ each place it appears 17 and inserting ‘‘Mayor of the District of Columbia’’. 18 (c) APPOINTMENT OF COMMISSIONED OFFICERS.— 19 (1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official 20 Code) is amended— 21 (A) by striking ‘‘President of the United 22 States’’ and inserting ‘‘Mayor of the District of Co- 23 lumbia’’; and 24 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1090 IH (B) by striking ‘‘President.’’ and inserting 1 ‘‘Mayor.’’. 2 (2) Section 9 of such Act (sec. 49–304, D.C. Official 3 Code) is amended by striking ‘‘President’’ and inserting 4 ‘‘Mayor of the District of Columbia’’. 5 (3) Section 13 of such Act (sec. 49–305, D.C. Official 6 Code) is amended by striking ‘‘President of the United 7 States’’ and inserting ‘‘Mayor of the District of Colum- 8 bia’’. 9 (4) Section 19 of such Act (sec. 49–311, D.C. Official 10 Code) is amended— 11 (A) in subsection (a), by striking ‘‘to the Sec- 12 retary of the Army’’ and all that follows through 13 ‘‘which board’’ and inserting ‘‘to a board of exam- 14 ination appointed by the Commanding General, 15 which’’; and 16 (B) in subsection (b), by striking ‘‘the Sec- 17 retary of the Army’’ and all that follows through the 18 period and inserting ‘‘the Mayor of the District of 19 Columbia, together with any recommendations of the 20 Commanding General.’’. 21 (5) Section 20 of such Act (sec. 49–312, D.C. Official 22 Code) is amended— 23 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1090 IH (A) by striking ‘‘President of the United 1 States’’ each place it appears and inserting ‘‘Mayor 2 of the District of Columbia’’; and 3 (B) by striking ‘‘the President may retire’’ and 4 inserting ‘‘the Mayor may retire’’. 5 (d) CALL FOR DUTY.—(1) Section 45 of such Act 6 (sec. 49–103, D.C. Official Code) is amended by striking 7 ‘‘, or for the United States Marshal’’ and all that follows 8 through ‘‘shall thereupon order’’ and inserting ‘‘to order’’. 9 (2) Section 46 of such Act (sec. 49–104, D.C. Official 10 Code) is amended by striking ‘‘the President’’ and insert- 11 ing ‘‘the Mayor of the District of Columbia’’. 12 (e) GENERAL COURTS MARTIAL.—Section 51 of such 13 Act (sec. 49–503, D.C. Official Code) is amended by strik- 14 ing ‘‘the President of the United States’’ and inserting 15 ‘‘the Mayor of the District of Columbia’’. 16 SEC. 3. RETENTION OF PRESIDENTIAL AUTHORITY OVER 17 USE OF NATIONAL GUARD OF THE DISTRICT 18 OF COLUMBIA TO RESPOND TO HOMELAND 19 DEFENSE EMERGENCIES. 20 (a) IN GENERAL.—Chapter 9 of title 32, United 21 States Code, is amended by adding at the end the fol- 22 lowing new section: 23 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1090 IH ‘‘§ 909. Control of National Guard of the District of 1 Columbia for homeland defense activities 2 ‘‘Notwithstanding the authority of the Mayor of the 3 District of Columbia as the Commander-in-Chief of the 4 National Guard of the District of Columbia, as provided 5 by section 6 of the Act entitled ‘An Act to provide for 6 the organization of the militia of the District of Columbia, 7 and for other purposes’, approved March 1, 1889 (sec. 49– 8 409, D.C. Official Code), the President retains control 9 over units and members of the National Guard of the Dis- 10 trict of Columbia to conduct homeland defense activities 11 that the President determines to be necessary and appro- 12 priate for participation by the National Guard units or 13 members.’’. 14 (b) CLERICAL AMENDMENT.—The table of sections 15 at the beginning of such chapter is amended by adding 16 at the end the following new item: 17 ‘‘909. Control of National Guard of the District of Columbia for homeland de- fense activities.’’. SEC. 4. CONFORMING AMENDMENTS TO TITLE 10, UNITED 18 STATES CODE. 19 (a) FAILURE TO SATISFACTORILY PERFORM PRE- 20 SCRIBED TRAINING.—Section 10148(b) of title 10, United 21 States Code, is amended by striking ‘‘the commanding 22 general of the District of Columbia National Guard’’ and 23 inserting ‘‘the Mayor of the District of Columbia’’. 24 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1090 IH (b) APPOINTMENT OF CHIEF OF NATIONAL GUARD 1 BUREAU.—Section 10502(a)(1) of such title is amended 2 by striking ‘‘the commanding general of the District of 3 Columbia National Guard’’ and inserting ‘‘the Mayor of 4 the District of Columbia’’. 5 (c) VICE CHIEF OF NATIONAL GUARD BUREAU.— 6 Section 10505(a)(1)(A) of such title is amended by strik- 7 ing ‘‘the commanding general of the District of Columbia 8 National Guard’’ and inserting ‘‘the Mayor of the District 9 of Columbia’’. 10 (d) OTHER SENIOR NATIONAL GUARD BUREAU OF- 11 FICERS.—Section 10506(a)(1) of such title is amended by 12 striking ‘‘the commanding general of the District of Co- 13 lumbia National Guard’’ both places it appears and insert- 14 ing ‘‘the Mayor of the District of Columbia’’. 15 (e) CONSENT FOR ACTIVE DUTY OR RELOCATION.— 16 (1) Section 12301 of such title is amended— 17 (A) in subsection (b), by striking ‘‘commanding 18 general of the District of Columbia National Guard’’ 19 in the second sentence and inserting ‘‘Mayor of the 20 District of Columbia’’; and 21 (B) in subsection (d), by striking the period at 22 the end and inserting the following: ‘‘, or, in the 23 case of the District of Columbia National Guard, the 24 Mayor of the District of Columbia.’’. 25 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1090 IH (2) Section 12406 of such title is amended by striking 1 ‘‘the commanding general of the National Guard of the 2 District of Columbia’’ and inserting ‘‘the Mayor of the 3 District of Columbia’’. 4 (f) CONSENT FOR RELOCATION OF UNITS.—Section 5 18238 of such title is amended by striking ‘‘the com- 6 manding general of the National Guard of the District of 7 Columbia’’ and inserting ‘‘the Mayor of the District of Co- 8 lumbia’’. 9 SEC. 5. CONFORMING AMENDMENTS TO TITLE 32, UNITED 10 STATES CODE. 11 (a) MAINTENANCE OF OTHER TROOPS.—Section 12 109(c) of title 32, United States Code, is amended by 13 striking ‘‘(or commanding general in the case of the Dis- 14 trict of Columbia)’’. 15 (b) DRUG INTERDICTION AND COUNTER-DRUG AC- 16 TIVITIES.—Section 112(h)(2) of such title is amended by 17 striking ‘‘the Commanding General of the National Guard 18 of the District of Columbia’’ and inserting ‘‘the Mayor of 19 the District of Columbia’’. 20 (c) ADDITIONAL ASSISTANCE.—Section 113 of such 21 title is amended by adding at the end the following new 22 subsection: 23 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1090 IH ‘‘(e) INCLUSION OF DISTRICT OF COLUMBIA.—In 1 this section, the term ‘State’ includes the District of Co- 2 lumbia.’’. 3 (d) APPOINTMENT OF ADJUTANT GENERAL.—Sec- 4 tion 314 of such title is amended— 5 (1) by striking subsection (b); 6 (2) by redesignating subsections (c) and (d) as 7 subsections (b) and (c), respectively; and 8 (3) in subsection (b) (as so redesignated), by 9 striking ‘‘the commanding general of the District of 10 Columbia National Guard’’ and inserting ‘‘the 11 Mayor of the District of Columbia,’’. 12 (e) RELIEF FROM NATIONAL GUARD DUTY.—Sec- 13 tion 325(a)(2)(B) of such title is amended by striking 14 ‘‘commanding general of the District of Columbia Na- 15 tional Guard’’ and inserting ‘‘the Mayor of the District 16 of Columbia’’. 17 (f) AUTHORITY TO ORDER TO PERFORM ACTIVE 18 GUARD AND RESERVE DUTY.— 19 (1) AUTHORITY.—Subsection (a) of section 328 20 of such title is amended by striking ‘‘the com- 21 manding general’’ and inserting ‘‘the Mayor of the 22 District of Columbia after consultation with the 23 commanding general’’. 24 (2) CLERICAL AMENDMENTS.— 25 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1090 IH (A) SECTION HEADING.—The heading of 1 such section is amended to read as follows: 2 ‘‘§ 328. Active Guard and Reserve duty: authority of 3 chief executive’’. 4 (B) TABLE OF SECTIONS.—The table of 5 sections at the beginning of chapter 3 of such 6 title is amended by striking the item relating to 7 section 328 and inserting the following new 8 item: 9 ‘‘328. Active Guard and Reserve duty: authority of chief executive.’’. (g) PERSONNEL MATTERS.—Section 505 of such title 10 is amended by striking ‘‘commanding general of the Na- 11 tional Guard of the District of Columbia’’ in the first sen- 12 tence and inserting ‘‘Mayor of the District of Columbia’’. 13 (h) NATIONAL GUARD CHALLENGE PROGRAM.—Sec- 14 tion 509 of such title is amended— 15 (1) in subsection (c)(1), by striking ‘‘the com- 16 manding general of the District of Columbia Na- 17 tional Guard, under which the Governor or the com- 18 manding general’’ and inserting ‘‘the Mayor of the 19 District of Columbia, under which the Governor or 20 the Mayor’’; 21 (2) in subsection (g)(2), by striking ‘‘the com- 22 manding general of the District of Columbia Na- 23 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 24 trict of Columbia’’; 25 VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1090 IH (3) in subsection (j), by striking ‘‘the com- 1 manding general of the District of Columbia Na- 2 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 3 trict of Columbia’’; and 4 (4) in subsection (k), by striking ‘‘the com- 5 manding general of the District of Columbia Na- 6 tional Guard’’ and inserting ‘‘the Mayor of the Dis- 7 trict of Columbia’’. 8 (i) ISSUANCE OF SUPPLIES.—Section 702(a) of such 9 title is amended by striking ‘‘commanding general of the 10 National Guard of the District of Columbia’’ and inserting 11 ‘‘Mayor of the District of Columbia’’. 12 (j) APPOINTMENT OF FISCAL OFFICER.—Section 13 708(a) of such title is amended by striking ‘‘commanding 14 general of the National Guard of the District of Colum- 15 bia’’ and inserting ‘‘Mayor of the District of Columbia’’. 16 SEC. 6. CONFORMING AMENDMENT TO THE DISTRICT OF 17 COLUMBIA HOME RULE ACT. 18 Section 602(b) of the District of Columbia Home 19 Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend- 20 ed by striking ‘‘the National Guard of the District of Co- 21 lumbia,’’. 22 Æ VerDate Sep 11 2014 18:25 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H1090.IH H1090 pamtmann on DSKBFK8HB2PROD with BILLS