I 

111TH CONGRESS 

1ST SESSION H. R. 2334 

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 

MAY 7, 2009 

Ms. NORTON introduced the following bill; which was referred to the Committee on Oversight and 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 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORI4 TIES TO MAYOR OF THE DISTRICT OF COLUM5 BIA. 

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. 2. RETENTION OF PRESIDENTIAL AUTHORITY OVER 

15 USE OF NATIONAL GUARD OF THE DISTRICT 

16 OF COLUMBIA TO RESPOND TO HOMELAND 

17 DEFENSE EMERGENCIES. 

18 (a) IN GENERAL.—Chapter 9 of title 32, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 909. Control of National Guard of the District of 

22 Columbia for homeland defense activities 

23 ‘‘Notwithstanding the authority of the Mayor of the 

24 District of Columbia as the Commander-in-Chief of the 

25 National Guard of the District of Columbia, as provided 


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1 by section 6 of the Act entitled ‘An Act to provide for 

2 the organization of the militia of the District of Columbia, 

3 and for other purposes’, approved March 1, 1889 (sec. 49– 

4 409, D.C. Official Code), the President retains control 

5 over units and members of the National Guard of the Dis6 trict of Columbia to conduct homeland defense activities 

7 that the President determines to be necessary and appro8 priate for participation by the National Guard units or 

9 members.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of such chapter is amended by adding 

12 at the end the following new item: 

‘‘909. Control of National Guard of the District of Columbia for homeland defense activities.’’. 

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

14 STATES CODE. 

15 (a) FAILURE TO SATISFACTORILY PERFORM PRE16 SCRIBED TRAINING.—Section 10148(b) of such title is 

17 amended by striking ‘‘the commanding general of the Dis18 trict of Columbia National Guard’’ and inserting ‘‘the 

19 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’’. 


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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 title 10, United States Code, is 

13 amended— 

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

15 general of the District of Columbia National Guard’’ 

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

17 District of Columbia’’; and 

18 (B) in subsection (d), by striking ‘‘governor or 

19 other appropriate authority of the State concerned’’ 

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

21 of the District of Columbia National Guard, the 

22 Mayor of the District of Columbia)’’. 

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

24 ‘‘the commanding general of the National Guard of the 


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

2 District of Columbia’’. 

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

4 18238 of such title is amended by striking ‘‘the com5 manding general of the National Guard of the District of 

6 Columbia’’ and inserting ‘‘the Mayor of the District of Co7 lumbia’’. 

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

9 STATES CODE. 

10 (a) MAINTENANCE OF OTHER TROOPS.—Section 

11 109(c) of title 32, United States Code, is amended by 

12 striking ‘‘(or commanding general in the case of the Dis13 trict of Columbia)’’. 

14 (b) DRUG INTERDICTION AND COUNTER-DRUG AC15 TIVITIES.—Section 112(h)(2) of such title is amended by 

16 striking ‘‘the Commanding General of the National Guard 

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

18 the District of Columbia’’. 

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

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

21 subsection: 

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

23 this section, the term ‘State’ includes the District of Co24 lumbia.’’. 


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1 (d) APPOINTMENT OF ADJUTANT GENERAL.—Sec2 tion 314 of such title is amended— 

3 (1) by striking subsection (b); 

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

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

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

7 striking ‘‘the commanding general of the District of 

8 Columbia National Guard’’ and inserting ‘‘the 

9 Mayor of the District of Columbia,’’. 

10 (e) RELIEF FROM NATIONAL GUARD DUTY.—Sec11 tion 325(a)(2)(B) of such title is amended by striking ‘‘the 

12 commanding general of the National Guard of the District 

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

14 Columbia’’. 

15 (f) PERSONNEL MATTERS.—Section 505 of such title 

16 is amended by striking ‘‘commanding general of the Na17 tional Guard of the District of Columbia’’ in the first sen18 tence and inserting ‘‘Mayor of the District of Columbia’’. 

19 (g) NATIONAL GUARD CHALLENGE PROGRAM.—Sec20 tion 509 of such title is amended— 

21 (1) in subsection (c)(1), by striking ‘‘the com22 manding general of the District of Columbia Na23 tional Guard, under which the Governor or the com24 manding general’’ and inserting ‘‘the Mayor of the 


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1 District of Columbia, under which the Governor or 

2 the Mayor’’; 

3 (2) in subsection (g)(2), by striking ‘‘the com4 manding general of the District of Columbia Na5 tional Guard’’ and inserting ‘‘the Mayor of the Dis6 trict of Columbia’’; 

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

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

15 (h) ISSUANCE OF SUPPLIES.—Section 702(a) of such 

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

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

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

19 (i) APPOINTMENT OF FISCAL OFFICER.—Section 

20 708(a) of such title is amended by striking ‘‘commanding 

21 general of the National Guard of the District of Colum22 bia’’ and inserting ‘‘Mayor of the District of Columbia’’. 


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1 SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF 

2 COLUMBIA HOME RULE ACT. 

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

4 Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend5 ed by striking ‘‘the National Guard of the District of Co6 lumbia,’’. 

Æ 


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