II 

116TH CONGRESS 

2D SESSION S. 3981 

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 

JUNE 17, 2020 

Mr. VAN HOLLEN (for himself, Mr. CARPER, Mr. BLUMENTHAL, Ms. BALDWIN, Mr. MARKEY, Mr. WYDEN, Mr. LEAHY, Mr. CARDIN, and Mr. DURBIN) introduced the following bill; which was read twice and referred 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 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. 

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. SHORT TITLE. 

2 This Act may be cited as the ‘‘District of Columbia 

3 National Guard Home Rule Act’’. 

4 SEC. 2. EXTENSION OF NATIONAL GUARD AUTHORITIES TO 

5 MAYOR OF THE DISTRICT OF COLUMBIA. 

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

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

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

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

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

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

12 Columbia’’. 

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

14 49–407, D.C. Official Code) is amended by striking 

15 ‘‘President of the United States’’ each place it appears 

16 and inserting ‘‘Mayor of the District of Columbia’’. 

17 (c) APPOINTMENT OF COMMISSIONED OFFICERS.— 

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

19 Code) is amended— 

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

21 States’’ and inserting ‘‘Mayor of the District of Co22 lumbia’’; and 

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

24 ‘‘Mayor.’’. 


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

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

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

4 (3) Section 13 of such Act (sec. 49–305, D.C. Official 

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

6 States’’ and inserting ‘‘Mayor of the District of Colum7 bia’’. 

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

9 Code) is amended— 

10 (A) in subsection (a), by striking ‘‘to the Sec11 retary of the Army’’ and all that follows through 

12 ‘‘which board’’ and inserting ‘‘to a board of exam13 ination appointed by the Commanding General, 

14 which’’; and 

15 (B) in subsection (b), by striking ‘‘the Sec16 retary of the Army’’ and all that follows through the 

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

18 Columbia, together with any recommendations of the 

19 Commanding General.’’. 

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

21 Code) is amended— 

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

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

24 of the District of Columbia’’; and 


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

2 inserting ‘‘the Mayor may retire’’. 

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

4 (sec. 49–103, D.C. Official Code) is amended by striking 

5 ‘‘, or for the United States Marshal’’ and all that follows 

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

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

8 Code) is amended by striking ‘‘the President’’ and insert9 ing ‘‘the Mayor of the District of Columbia’’. 

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

11 Act (sec. 49–503, D.C. Official Code) is amended by strik12 ing ‘‘the President of the United States’’ and inserting 

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

14 SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED 

15 STATES CODE. 

16 (a) FAILURE TO SATISFACTORILY PERFORM PRE17 SCRIBED TRAINING.—Section 10148(b) of title 10, United 

18 States Code, is amended by striking ‘‘the commanding 

19 general of the District of Columbia National Guard’’ and 

20 inserting ‘‘the Mayor of the District of Columbia’’. 

21 (b) APPOINTMENT OF CHIEF OF NATIONAL GUARD

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

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

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

25 the District of Columbia’’. 


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1 (c) VICE CHIEF OF NATIONAL GUARD BUREAU.— 

2 Section 10505(a)(1)(A) of such title is amended by strik3 ing ‘‘the commanding general of the District of Columbia 

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

5 of Columbia’’. 

6 (d) OTHER SENIOR NATIONAL GUARD BUREAU OF7 FICERS.—Section 10506(a)(1) of such title is amended by 

8 striking ‘‘the commanding general of the District of Co9 lumbia National Guard’’ both places it appears and insert10 ing ‘‘the Mayor of the District of Columbia’’. 

11 (e) CONSENT FOR ACTIVE DUTY OR RELOCATION.— 

12 (1) Section 12301 of such title is amended— 

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

14 general of the District of Columbia National Guard’’ 

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

16 District of Columbia’’; and 

17 (B) in subsection (d), by striking the period at 

18 the end and inserting the following: ‘‘, or, in the 

19 case of the District of Columbia National Guard, the 

20 Mayor of the District of Columbia.’’. 

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

22 ‘‘the commanding general of the National Guard of the 

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

24 District of Columbia’’. 


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1 (f) CONSENT FOR RELOCATION OF UNITS.—Section 

2 18238 of such title is amended by striking ‘‘the com3 manding general of the National Guard of the District of 

4 Columbia’’ and inserting ‘‘the Mayor of the District of Co5 lumbia’’. 

6 SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED 

7 STATES CODE. 

8 (a) MAINTENANCE OF OTHER TROOPS.—Section 

9 109(c) of title 32, United States Code, is amended by 

10 striking ‘‘(or commanding general in the case of the Dis11 trict of Columbia)’’. 

12 (b) DRUG INTERDICTION AND COUNTER-DRUG AC13 TIVITIES.—Section 112(h)(2) of such title is amended by 

14 striking ‘‘the Commanding General of the National Guard 

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

16 the District of Columbia’’. 

17 (c) ADDITIONAL ASSISTANCE.—Section 113 of such 

18 title is amended by adding at the end the following new 

19 subsection: 

20 ‘‘(e) INCLUSION OF DISTRICT OF COLUMBIA.—In 

21 this section, the term ‘State’ includes the District of Co22 lumbia.’’. 

23 (d) APPOINTMENT OF ADJUTANT GENERAL.—Sec24 tion 314 of such title is amended— 

25 (1) by striking subsection (b); 


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1 (2) by redesignating subsections (c) and (d) as 

2 subsections (b) and (c), respectively; and 

3 (3) in subsection (b) (as so redesignated), by 

4 striking ‘‘the commanding general of the District of 

5 Columbia National Guard’’ and inserting ‘‘the 

6 Mayor of the District of Columbia,’’. 

7 (e) RELIEF FROM NATIONAL GUARD DUTY.—Sec8 tion 325(a)(2)(B) of such title is amended by striking 

9 ‘‘commanding general of the District of Columbia Na10 tional Guard’’ and inserting ‘‘the Mayor of the District 

11 of Columbia’’. 

12 (f) AUTHORITY TO ORDER TO PERFORM ACTIVE

13 GUARD AND RESERVE DUTY.— 

14 (1) AUTHORITY.—Subsection (a) of section 328 

15 of such title is amended by striking ‘‘the com16 manding general’’ and inserting ‘‘the Mayor of the 

17 District of Columbia after consultation with the 

18 commanding general’’. 

19 (2) CLERICAL AMENDMENTS.— 

20 (A) SECTION HEADING.—The heading of 

21 such section is amended to read as follows: 

22 ‘‘§ 328. Active Guard and Reserve duty: authority of 

23 chief executive’’. 

24 (B) TABLE OF SECTIONS.—The table of 

25 sections at the beginning of chapter 3 of such 


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1 title is amended by striking the item relating to 

2 section 328 and inserting the following new 

3 item: 

‘‘328. Active Guard and Reserve duty: authority of chief executive.’’. 

4 (g) PERSONNEL MATTERS.—Section 505 of such title 

5 is amended by striking ‘‘commanding general of the Na6 tional Guard of the District of Columbia’’ in the first sen7 tence and inserting ‘‘Mayor of the District of Columbia’’. 

8 (h) NATIONAL GUARD CHALLENGE PROGRAM.—Sec9 tion 509 of such title is amended— 

10 (1) in subsection (c)(1), by striking ‘‘the com11 manding general of the District of Columbia Na12 tional Guard, under which the Governor or the com13 manding general’’ and inserting ‘‘the Mayor of the 

14 District of Columbia, under which the Governor or 

15 the Mayor’’; 

16 (2) in subsection (g)(2), by striking ‘‘the com17 manding general of the District of Columbia Na18 tional Guard’’ and inserting ‘‘the Mayor of the Dis19 trict of Columbia’’; 

20 (3) in subsection (j), by striking ‘‘the com21 manding general of the District of Columbia Na22 tional Guard’’ and inserting ‘‘the Mayor of the Dis23 trict of Columbia’’; and 

24 (4) in subsection (k), by striking ‘‘the com25 manding general of the District of Columbia NaVerDate Sep 11 2014 22:05 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3981.IS S3981

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1 tional Guard’’ and inserting ‘‘the Mayor of the Dis2 trict of Columbia’’. 

3 (i) ISSUANCE OF SUPPLIES.—Section 702(a) of such 

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

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

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

7 (j) APPOINTMENT OF FISCAL OFFICER.—Section 

8 708(a) of such title is amended by striking ‘‘commanding 

9 general of the National Guard of the District of Colum10 bia’’ and inserting ‘‘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,’’. 

Æ 


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