I

103D CONGRESS

1ST SESSION H. R. 3677

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 Governor of a State exercises with respect to the National Guard

of that State.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Ms. NORTON (by request) introduced the following bill; which was referred

jointly to the Committees on Armed Services and the District of Columbia

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 Governor of a State

exercises with respect to the National Guard of that

State.

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 AUTHORITY TO MAYOR OF THE

4 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
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1 purposes’’, approved March 1, 1889 (sec. 39–109, D.C.

2 Code), is amended by striking out ‘‘President of the

3 United States’’ and inserting in lieu thereof ‘‘Mayor of the

4 District of Columbia’’.

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

6 39–107, D.C. Code) is amended by striking out ‘‘President

7 of the United States’’ and inserting in lieu thereof ‘‘Mayor

8 of the District of Columbia’’.

9 (c) APPOINTMENT OF COMMISSIONED OFFICERS.—

10 (1) Section 7(a) of such Act (sec. 39–301(a), D.C. Code)

11 is amended—

12 (A) by striking out ‘‘President of the United

13 States’’ and inserting in lieu thereof ‘‘Mayor of the

14 District of Columbia’’; and

15 (B) by striking out ‘‘President.’’ and inserting

16 in lieu thereof ‘‘Mayor.’’.

17 (2) Section 9 of such Act (sec. 39–304, D.C. Code)

18 is amended by striking out ‘‘President’’ and inserting in

19 lieu thereof ‘‘Mayor of the District of Columbia’’.

20 (3) Section 13 of such Act (sec. 39–305, D.C. Code)

21 is amended by striking out ‘‘President of the United

22 States’’ and inserting in lieu thereof ‘‘Mayor of the Dis23 trict of Columbia’’.

24 (4) Section 19 of such Act (sec. 39–311, D.C. Code)

25 is amended—
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1 (A) in subsection (a), by striking out ‘‘to the

2 Secretary of the Army’’ and all that follows through

3 ‘‘which board’’ and inserting in lieu thereof ‘‘to a

4 board of examination appointed by the Commanding

5 General, which’’; and

6 (B) in subsection (b), by striking ‘‘the Sec7 retary of the Army’’ and all that follows through the

8 period and inserting in lieu thereof ‘‘the Mayor of

9 the District of Columbia, together with any rec10 ommendations of the Commanding General.’’.

11 (5) Section 20 of such Act (sec. 39–312, D.C. Code)

12 is amended—

13 (A) by striking out ‘‘President of the United

14 States’’ each place it appears and inserting in lieu

15 thereof ‘‘Mayor of the District of Columbia’’; and

16 (B) by striking out ‘‘the President may retire’’

17 and inserting in lieu thereof ‘‘the Mayor may re18 tire’’.

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

20 (sec. 39–603, D.C. Code) is amended by striking out ‘‘,

21 or for the United States Marshal’’ and all that follows

22 through ‘‘shall thereupon order’’ and inserting in lieu

23 thereof ‘‘to order’’.
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1 (2) Section 46 of such Act (sec. 39–604, D.C. Code)

2 is amended by striking out ‘‘the President’’ and inserting

3 in lieu thereof ‘‘the Mayor of the District of Columbia’’.

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

5 Act (sec. 39–803, D.C. Code) is amended by striking out

6 ‘‘the President of the United States’’ and inserting in lieu

7 thereof ‘‘the Mayor of the District of Columbia’’.

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

9 STATES CODE.

10 (a) CONSENT FOR ACTIVE DUTY OR RELOCATION.—

11 (1) Section 672 of title 10, United States Code, is amend12 ed—

13 (A) in subsection (b), by striking out ‘‘com14 manding general of the District of Columbia Na15 tional Guard’’ in the second sentence and inserting

16 in lieu thereof ‘‘Mayor of the District of Columbia’’;

17 and

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

19 or other appropriate authority of the State or Terri20 tory, Puerto Rico, or the District of Columbia’’ and

21 inserting in lieu thereof ‘‘Governor of the State, Ter22 ritory, or Puerto Rico or the Mayor of the District

23 of Columbia’’.

24 (2) Section 2238 of such title is amended by striking

25 out ‘‘, in the case of the District of Columbia, the com-
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1 manding general of the National Guard of the District of

2 Columbia’’ and inserting in lieu thereof ‘‘the Mayor of the

3 District of Columbia, as the case may be’’.

4 (3) Section 3500 of such title is amended by striking

5 out ‘‘, in the District of Columbia, through the command6 ing general of the National Guard of the District of Co7 lumbia’’ in the second sentence and inserting in lieu there8 of ‘‘the Mayor of the District of Columbia, as the case

9 may be’’.

10 (4) Section 4301(c) of such title is amended by strik11 ing out ‘‘governor or other appropriate authority of the

12 State or Territory, Puerto Rico, or the District of Colum13 bia’’ and inserting in lieu thereof ‘‘Governor of the State,

14 Territory, or Puerto Rico or the Mayor of the District of

15 Columbia’’.

16 (5) Section 8500 of such title is amended by striking

17 out ‘‘, in the District of Columbia, through the command18 ing general of the National Guard of the District of Co19 lumbia’’ in the second sentence and inserting in lieu there20 of ‘‘the Mayor of the District of Columbia, as the case

21 may be’’.

22 (6) Section 9301(c) of such title is amended by strik23 ing out ‘‘governor or other appropriate authority of the

24 State or Territory, Puerto Rico, or the District of Colum25 bia’’ and inserting in lieu thereof ‘‘Governor of the State,
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1 Territory, or Puerto Rico or the Mayor of the District of

2 Columbia’’.

3 (b) CONSENT FOR PERSONNEL ACTIONS.—(1) Sec4 tion 269(g) of such title is amended by striking out ‘‘gov5 ernor or other appropriate authority of the State or Terri6 tory, Puerto Rico, or the District of Columbia’’ and insert7 ing in lieu thereof ‘‘Governor of the State, Territory, or

8 Puerto Rico or the Mayor of the District of Columbia’’.

9 (2) Section 270(c) of such title is amended by strik10 ing out ‘‘commanding general of the District of Columbia

11 National Guard’’ in the first sentence and inserting in lieu

12 thereof ‘‘Mayor of the District of Columbia’’.

13 (3) Section 3259 of such title is amended by striking

14 out ‘‘governor or other appropriate authority of the State

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

16 in the first sentence and inserting in lieu thereof ‘‘Gov17 ernor of the State, Territory, or Puerto Rico or the Mayor

18 of the District of Columbia’’.

19 (4) Section 3352(a) of such title is amended by strik20 ing out ‘‘governor or other appropriate authority of the

21 State or Territory, Puerto Rico, or the District of Colum22 bia’’ in the first sentence and inserting in lieu thereof

23 ‘‘Governor of the State, Territory, or Puerto Rico or the

24 Mayor of the District of Columbia’’.

25 (5) Section 3364 of such title is amended—
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1 (A) in subsection (g), by striking out ‘‘governor

2 or other appropriate authority of the State, Terri3 tory or Puerto Rico, or the commanding general of

4 the District of Columbia National Guard’’ and in5 serting in lieu thereof ‘‘Governor of the State, Terri6 tory, or Puerto Rico or the Mayor of the District of

7 Columbia’’; and

8 (B) in subsection (j), by striking out ‘‘governor

9 or other appropriate authority of the State, Terri10 tory or Puerto Rico, or the commanding general of

11 the District of Columbia National Guard’’ and in12 serting in lieu thereof ‘‘Governor of the State, Terri13 tory, or Puerto Rico or the Mayor of the District of

14 Columbia’’.

15 (6) Section 3370(d) of such title is amended by strik16 ing out ‘‘governor or other appropriate authority of the

17 State, Territory, or Puerto Rico, or the commanding gen18 eral of the District of Columbia National Guard’’ in the

19 fourth sentence and inserting in lieu thereof ‘‘Governor

20 of the State, Territory, or Puerto Rico or the Mayor of

21 the District of Columbia’’.

22 (7) Section 8259 of such title is amended by striking

23 out ‘‘governor or other appropriate authority of the State

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

25 in the first sentence and inserting in lieu thereof ‘‘Gov-
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1 ernor of the State, Territory, or Puerto Rico or the Mayor

2 of the District of Columbia’’.

3 (8) Section 8352(a) of such title is amended by strik4 ing out ‘‘governor or other appropriate authority of the

5 State or Territory, Puerto Rico, or the District of Colum6 bia’’ and inserting in lieu thereof ‘‘Governor of the State,

7 Territory, or Puerto Rico or the Mayor of the District of

8 Columbia’’.

9 SEC. 3. 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 out ‘‘(or commanding general in the case of the

14 District of Columbia)’’.

15 (b) DRUG INTERDICTION AND COUNTER-DRUG AC16 TIVITIES.—Section 112(f)(2) of such title is amended by

17 striking out ‘‘the Commanding General of the National

18 Guard of the District of Columbia’’ and inserting in lieu

19 thereof ‘‘the Mayor of the District of Columbia’’.

20 (c) APPOINTMENT OF ADJUTANT GENERAL.—Sec21 tion 314 of such title is amended—

22 (1) by striking out subsection (b);

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

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

25 (3) in subsection (b) (as so redesignated)—
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1 (A) by inserting ‘‘, at the request of the

2 Mayor of the District of Columbia,’’; and

3 (B) by striking out ‘‘recommended for that

4 detail by the commanding general of the Dis5 trict of Columbia National Guard’’.

6 (d) PERSONNEL MATTERS.—(1) Section 327(a) of

7 such title is amended by striking out ‘‘the commanding

8 general of the National Guard of the District of Colum9 bia’’ and inserting in lieu thereof ‘‘the Mayor of the Dis10 trict of Columbia, as the case may be’’.

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

12 out ‘‘its commanding general’’ and inserting in lieu thereof

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

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

15 out ‘‘commanding general of the National Guard of the

16 District of Columbia’’ in the first sentence and inserting

17 in lieu thereof ‘‘Mayor of the District of Columbia’’.

18 (e) ISSUANCE OF SUPPLIES.—Section 702(a) of such

19 title is amended by striking out ‘‘commanding general of

20 the National Guard of the District of Columbia’’ and

21 inserting in lieu thereof ‘‘Mayor of the District of

22 Columbia’’.

23 (f) APPOINTMENT OF FISCAL OFFICER.—Section

24 708(a) of such title is amended by striking out ‘‘command25 ing general of the National Guard of the District of Co-
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1 lumbia’’ and inserting in lieu thereof ‘‘Mayor of the Dis2 trict of Columbia’’.

3 SEC. 4. CONFORMING AMENDMENTS TO THE NATIONAL

4 GUARD CIVILIAN YOUTH OPPORTUNITIES

5 PILOT PROGRAM.

6 Section 1091 of the National Defense Authorization

7 Act for Fiscal Year 1993 (Public Law 102–484; 32 U.S.C.

8 501 note) is amended—

9 (1) in subsection (d), by striking out ‘‘com10 manding general of the District of Columbia Na11 tional Guard’’ and inserting in lieu thereof ‘‘Mayor

12 of the District of Columbia’’;

13 (2) in subsection (g)(3), by striking out ‘‘com14 manding general of the District of Columbia Na15 tional Guard’’ and inserting in lieu thereof ‘‘Mayor

16 of the District of Columbia’’;

17 (3) in subsection (j)(1)—

18 (A) by striking out ‘‘, in the case of the

19 District of Columbia, the commanding general

20 of the District of Columbia National Guard’’

21 and inserting in lieu thereof ‘‘the Mayor of the

22 District of Columbia’’; and

23 (B) by striking out ‘‘or the commanding

24 general’’ and inserting in lieu thereof ‘‘or the

25 Mayor of the District of Columbia’’;
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1 (4) in subsection (j)(2), by striking out ‘‘the

2 commanding general of the District of Columbia Na3 tional Guard’’ and inserting in lieu thereof ‘‘the

4 Mayor of the District of Columbia’’; and

5 (5) in subsection (k)(2), by striking out ‘‘the

6 commanding general of the District of Columbia Na7 tional Guard’’ and inserting in lieu thereof ‘‘the

8 Mayor of the District of Columbia’’.

9 SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF

10 COLUMBIA SELF-GOVERNMENT AND GOV11 ERNMENTAL REORGANIZATION ACT.

12 Section 602(b) of the District of Columbia Self-Gov13 ernment and Governmental Reorganization Act (D.C.

14 Code section 1–233(b)) is amended by striking out ‘‘the

15 National Guard of the District of Columbia,’’.

Æ