What This Bill Does
This bill transfers control of the District of Columbia's National Guard from the President of the United States to the Mayor of the District of Columbia. The Mayor would have the same powers that state governors have over their National Guard units, including the ability to use them during natural disasters and civil disturbances.
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Who It Affects
The Mayor of the District of Columbia, the National Guard of the District of Columbia, federal agencies that oversee National Guard operations, and residents of the District of Columbia.
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Key Provisions
- The Mayor becomes the commander-in-chief (the top military authority) of the District of Columbia National Guard, replacing the President of the United States in this role. (Sec. 2(a))
- The Mayor gains authority to appoint and retire commissioned officers in the District of Columbia National Guard, with recommendations from the Commanding General. (Sec. 2(c))
- The Mayor can order the National Guard to perform active duty and respond to civil disturbances within the District of Columbia. (Sec. 2(d))
- The Mayor appoints the Adjutant General (the head officer) of the District of Columbia National Guard. (Sec. 4(d))
- The bill removes references to the commanding general of the District of Columbia National Guard from multiple federal laws and replaces them with the Mayor. (Sec. 3 and Sec. 4)
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What Changes
Multiple federal laws and District of Columbia laws are updated to recognize the Mayor instead of the President as the authority over the District of Columbia National Guard. The Mayor gains the same powers over National Guard administration, training, appointments, and emergency response that state governors already possess.
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Important Definitions
None defined in bill text.
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II
118TH CONGRESS
1ST SESSION
S. 250
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
FEBRUARY 2, 2023
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. WARNER, and
Mr. BOOKER) 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
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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
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(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
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(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
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(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
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(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
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(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 of the District of Columbia Na-
16
tional Guard’’ and inserting ‘‘the Mayor of the Dis-
17
trict of Columbia’’.
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
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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
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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
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