I 

108TH CONGRESS 

1ST SESSION H. R. 2820

To extend to the Mayor of the District of Columbia the same authority 

with respect to the National Guard of the District of Columbia as 

the Governors of the several States exercise with respect to the National 

Guard of those States. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2003

Ms. NORTON introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committee on 

Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To extend to the Mayor of the District of Columbia the 

same authority with respect to the National Guard of 

the District of Columbia as the Governors of the several 

States exercise with respect to the National Guard of 

those States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORI2 TIES TO MAYOR OF THE DISTRICT OF COLUM3 BIA. 

4 (a) MAYOR AS COMMANDER-IN-CHIEF.—Section 6 of 

5 the Act entitled ‘‘An Act to provide for the organization 

6 of the militia of the District of Columbia, and for other 

7 purposes’’, approved March 1, 1889 (sec. 49–409, D.C. 

8 Official Code), is amended by striking ‘‘President of the 

9 United States’’ and inserting ‘‘Mayor of the District of 

10 Columbia’’. 

11 (b) RESERVE CORPS.—Section 72 of such Act (sec. 

12 49–407, D.C. Official Code) is amended by striking 

13 ‘‘President of the United States’’ and inserting ‘‘Mayor 

14 of the District of Columbia’’. 

15 (c) APPOINTMENT OF COMMISSIONED OFFICERS.—

16 (1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official 

17 Code) is amended—

18 (A) by striking ‘‘President of the United 

19 States’’ and inserting ‘‘Mayor of the District of Co20 lumbia’’; and 

21 (B) by striking ‘‘President.’’ and inserting 

22 ‘‘Mayor.’’. 

23 (2) Section 9 of such Act (sec. 49–304, D.C. Official 

24 Code) is amended by striking ‘‘President’’ and inserting 

25 ‘‘Mayor of the District of Columbia’’. 
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1 (3) Section 13 of such Act (sec. 49–305, D.C. Official 

2 Code) is amended by striking ‘‘President of the United 

3 States’’ and inserting ‘‘Mayor of the District of Colum4 bia’’. 

5 (4) Section 19 of such Act (sec. 49–311, D.C. Official 

6 Code) is amended—

7 (A) in subsection (a), by striking ‘‘to the Sec8 retary of the Army’’ and all that follows through 

9 ‘‘which board’’ and inserting ‘‘to a board of exam10 ination appointed by the Commanding General, 

11 which’’; and 

12 (B) in subsection (b), by striking ‘‘the Sec13 retary of the Army’’ and all that follows through the 

14 period and inserting ‘‘the Mayor of the District of 

15 Columbia, together with any recommendations of the 

16 Commanding General.’’. 

17 (5) Section 20 of such Act (sec. 49–312, D.C. Official 

18 Code) is amended—

19 (A) by striking ‘‘President of the United 

20 States’’ each place it appears and inserting ‘‘Mayor 

21 of the District of Columbia’’; and 

22 (B) by striking ‘‘the President may retire’’ and 

23 inserting ‘‘the Mayor may retire’’. 

24 (d) CALL FOR DUTY.—(1) Section 45 of such Act 

25 (sec. 49–103, D.C. Official Code) is amended by striking 
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1 ‘‘, or for the United States Marshal’’ and all that follows 

2 through ‘‘shall thereupon order’’ and inserting ‘‘to order’’. 

3 (2) Section 46 of such Act (sec. 49–104, D.C. Official 

4 Code) is amended by striking ‘‘the President’’ and insert5 ing ‘‘the Mayor of the District of Columbia’’. 

6 (e) GENERAL COURTS MARTIAL.—Section 51 of such 

7 Act (sec. 49–503, D.C. Official Code) is amended by strik8 ing ‘‘the President of the United States’’ and inserting 

9 ‘‘the Mayor of the District of Columbia’’. 

10 SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED 

11 STATES CODE. 

12 (a) DETAIL FOR TRAINING.—(1) Section 4301(c) of 

13 title 10, United States Code, is amended by striking ‘‘gov14 ernor or other appropriate authority of the State or Terri15 tory, Puerto Rico, or the District of Columbia’’ and insert16 ing ‘‘Governor of the State, Territory, or Puerto Rico or 

17 the Mayor of the District of Columbia’’. 

18 (2) Section 9301(c) of such title is amended by strik19 ing ‘‘governor or other appropriate authority of the State 

20 or Territory, Puerto Rico, or the District of Columbia’’ 

21 and inserting ‘‘Governor of the State, Territory, or Puerto 

22 Rico or the Mayor of the District of Columbia’’. 

23 (b) FAILURE TO SATISFACTORILY PERFORM PRE24 SCRIBED TRAINING.—Section 10148(b) of such title is 

25 amended by striking ‘‘the commanding general of the Dis-
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1 trict of Columbia National Guard’’ and inserting ‘‘the 

2 Mayor of the District of Columbia’’. 

3 (c) APPOINTMENT OF CHIEF OF NATIONAL GUARD

4 BUREAU.—Section 10502(a)(1) of such title is amended 

5 by striking ‘‘the commanding general of the District of 

6 Columbia National Guard’’ and inserting ‘‘the Mayor of 

7 the District of Columbia’’. 

8 (d) VICE CHIEF OF NATIONAL GUARD BUREAU.—

9 Section 10505(a)(1)(A) of such title is amended by strik10 ing ‘‘the commanding general of the District of Columbia 

11 National Guard’’ and inserting ‘‘the Mayor of the District 

12 of Columbia’’. 

13 (e) OTHER SENIOR NATIONAL GUARD BUREAU OF14 FICERS.—Section 10506(1) of such title is amended by 

15 striking ‘‘the commanding general of the District of Co16 lumbia National Guard’’ both places it appears and insert17 ing ‘‘the Mayor of the District of Columbia’’. 

18 (f) CONSENT FOR ACTIVE DUTY OR RELOCATION.—

19 (1) Section 12301 of title 10, United States Code, is 

20 amended—

21 (A) in subsection (b), by striking ‘‘commanding 

22 general of the District of Columbia National Guard’’ 

23 in the second sentence and inserting ‘‘Mayor of the 

24 District of Columbia’’; and 
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1 (B) in subsection (d), by striking ‘‘governor or 

2 other appropriate authority of the State concerned’’ 

3 and inserting ‘‘governor of the State (or, in the case 

4 of the District of Columbia National Guard, the 

5 Mayor of the District of Columbia)’’. 

6 (2) Section 12406 of such title is amended by striking 

7 ‘‘the commanding general of the National Guard of the 

8 District of Columbia’’ and inserting ‘‘the Mayor of the 

9 District of Columbia’’. 

10 (g) CONSENT FOR RELOCATION OF UNITS.—Section 

11 18238 of such title is amended by striking ‘‘, in the case 

12 of the District of Columbia, the commanding general of 

13 the National Guard of the District of Columbia’’ and in14 serting ‘‘the Mayor of the District of Columbia, as the case 

15 may be’’. 

16 SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED 

17 STATES CODE. 

18 (a) MAINTENANCE OF OTHER TROOPS.—Section 

19 109(c) of title 32, United States Code, is amended by 

20 striking ‘‘(or commanding general in the case of the Dis21 trict of Columbia)’’. 

22 (b) DRUG INTERDICTION AND COUNTER-DRUG AC23 TIVITIES.—Section 112(i)(2) of such title is amended by 

24 striking ‘‘the Commanding General of the National Guard 
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1 of the District of Columbia’’ and inserting ‘‘the Mayor of 

2 the District of Columbia’’. 

3 (c) APPOINTMENT OF ADJUTANT GENERAL.—Sec4 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 (d) PERSONNEL MATTERS.—(1) Section 327(a) of 

13 such title is amended by striking ‘‘the commanding gen14 eral of the National Guard of the District of Columbia’’ 

15 and inserting ‘‘the Mayor of the District of Columbia, as 

16 the case may be’’. 

17 (2) Section 331 of such title is amended by striking 

18 ‘‘its commanding general’’ and inserting ‘‘the Mayor of 

19 the District of Columbia’’. 

20 (3) Section 505 of such title is amended by striking 

21 ‘‘commanding general of the National Guard of the Dis22 trict of Columbia’’ in the first sentence and inserting 

23 ‘‘Mayor of the District of Columbia’’. 

24 (e) NATIONAL GUARD CHALLENGE PROGRAM.—Sec25 tion 509 of such title is amended—
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1 (1) in subsection (c)(1), by striking ‘‘the com2 manding general of the District of Columbia Na3 tional Guard, under which the Governor or the com4 manding general’’ and inserting ‘‘the Mayor of the 

5 District of Columbia, under which the Governor or 

6 the Mayor’’; 

7 (2) in subsection (g)(2), by striking ‘‘the com8 manding general of the District of Columbia Na9 tional Guard’’ and inserting ‘‘the Mayor of the Dis10 trict of Columbia’’; 

11 (3) in subsection (j), by striking ‘‘the com12 manding general of the District of Columbia Na13 tional Guard’’ and inserting ‘‘the Mayor of the Dis14 trict of Columbia’’; and 

15 (4) in subsection (k), by striking ‘‘the com16 manding general of the District of Columbia Na17 tional Guard’’ and inserting ‘‘the Mayor of the Dis18 trict of Columbia’’. 

19 (f) ISSUANCE OF SUPPLIES.—Section 702(a) of such 

20 title is amended by striking ‘‘commanding general of the 

21 National Guard of the District of Columbia’’ and inserting 

22 ‘‘Mayor of the District of Columbia’’. 

23 (g) APPOINTMENT OF FISCAL OFFICER.—Section 

24 708(a) of such title is amended by striking ‘‘commanding 
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1 general of the National Guard of the District of Colum2 bia’’ and inserting ‘‘Mayor of the District of Columbia’’. 

3 SEC. 4. CONFORMING AMENDMENT TO GUARD AND RE4 SERVE TRANSITION INITIATIVES. 

5 Section 4416(a)(3) of the National Defense Author6 ization Act for Fiscal Year 1993 (Public Law 102–484; 

7 106 Stat. 2714) is amended by striking ‘‘or territory, 

8 Puerto Rico, or the District of Columbia’’ and inserting 

9 ‘‘, territory, or the Commonwealth of Puerto Rico, or the 

10 Mayor of the District of Columbia’’. 

11 SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF 

12 COLUMBIA HOME RULE ACT. 

13 Section 602(b) of the District of Columbia Home 

14 Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend15 ed by striking ‘‘the National Guard of the District of Co16 lumbia,’’.

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