I 

116TH CONGRESS 

1ST SESSION H. R. 1090 

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 

FEBRUARY 7, 2019 

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

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

5 National Guard Home Rule Act’’. 

6 SEC. 2. EXTENSION OF NATIONAL GUARD AUTHORITIES TO 

7 MAYOR OF THE DISTRICT OF COLUMBIA. 

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

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

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

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

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

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

14 Columbia’’. 

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

16 49–407, D.C. Official Code) is amended by striking 

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

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

19 (c) APPOINTMENT OF COMMISSIONED OFFICERS.— 

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

21 Code) is amended— 

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

23 States’’ and inserting ‘‘Mayor of the District of Co24 lumbia’’; and 


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

2 ‘‘Mayor.’’. 

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

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

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

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

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

8 States’’ and inserting ‘‘Mayor of the District of Colum9 bia’’. 

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

11 Code) is amended— 

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

14 ‘‘which board’’ and inserting ‘‘to a board of exam15 ination appointed by the Commanding General, 

16 which’’; and 

17 (B) in subsection (b), by striking ‘‘the Sec18 retary of the Army’’ and all that follows through the 

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

20 Columbia, together with any recommendations of the 

21 Commanding General.’’. 

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

23 Code) is amended— 


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

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

3 of the District of Columbia’’; and 

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

5 inserting ‘‘the Mayor may retire’’. 

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

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

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

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

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

11 Code) is amended by striking ‘‘the President’’ and insert12 ing ‘‘the Mayor of the District of Columbia’’. 

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

14 Act (sec. 49–503, D.C. Official Code) is amended by strik15 ing ‘‘the President of the United States’’ and inserting 

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

17 SEC. 3. RETENTION OF PRESIDENTIAL AUTHORITY OVER 

18 USE OF NATIONAL GUARD OF THE DISTRICT 

19 OF COLUMBIA TO RESPOND TO HOMELAND 

20 DEFENSE EMERGENCIES. 

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

22 States Code, is amended by adding at the end the fol23 lowing new section: 


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

2 Columbia for homeland defense activities 

3 ‘‘Notwithstanding the authority of the Mayor of the 

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

5 National Guard of the District of Columbia, as provided 

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

7 the organization of the militia of the District of Columbia, 

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

9 409, D.C. Official Code), the President retains control 

10 over units and members of the National Guard of the Dis11 trict of Columbia to conduct homeland defense activities 

12 that the President determines to be necessary and appro13 priate for participation by the National Guard units or 

14 members.’’. 

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

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item: 

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

18 SEC. 4. CONFORMING AMENDMENTS TO TITLE 10, UNITED 

19 STATES CODE. 

20 (a) FAILURE TO SATISFACTORILY PERFORM PRE21 SCRIBED TRAINING.—Section 10148(b) of title 10, United 

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

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

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


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1 (b) APPOINTMENT OF CHIEF OF NATIONAL GUARD

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

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

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

5 the District of Columbia’’. 

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

7 Section 10505(a)(1)(A) of such title is amended by strik8 ing ‘‘the commanding general of the District of Columbia 

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

10 of Columbia’’. 

11 (d) OTHER SENIOR NATIONAL GUARD BUREAU OF12 FICERS.—Section 10506(a)(1) of such title is amended by 

13 striking ‘‘the commanding general of the District of Co14 lumbia National Guard’’ both places it appears and insert15 ing ‘‘the Mayor of the District of Columbia’’. 

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

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

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

19 general of the District of Columbia National Guard’’ 

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

21 District of Columbia’’; and 

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

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

24 case of the District of Columbia National Guard, the 

25 Mayor of the District of Columbia.’’. 


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

2 ‘‘the commanding general of the National Guard of the 

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

4 District of Columbia’’. 

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

6 18238 of such title is amended by striking ‘‘the com7 manding general of the National Guard of the District of 

8 Columbia’’ and inserting ‘‘the Mayor of the District of Co9 lumbia’’. 

10 SEC. 5. CONFORMING AMENDMENTS TO TITLE 32, UNITED 

11 STATES CODE. 

12 (a) MAINTENANCE OF OTHER TROOPS.—Section 

13 109(c) of title 32, United States Code, is amended by 

14 striking ‘‘(or commanding general in the case of the Dis15 trict of Columbia)’’. 

16 (b) DRUG INTERDICTION AND COUNTER-DRUG AC17 TIVITIES.—Section 112(h)(2) of such title is amended by 

18 striking ‘‘the Commanding General of the National Guard 

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

20 the District of Columbia’’. 

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

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

23 subsection: 


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

2 this section, the term ‘State’ includes the District of Co3 lumbia.’’. 

4 (d) APPOINTMENT OF ADJUTANT GENERAL.—Sec5 tion 314 of such title is amended— 

6 (1) by striking subsection (b); 

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

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

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

10 striking ‘‘the commanding general of the District of 

11 Columbia National Guard’’ and inserting ‘‘the 

12 Mayor of the District of Columbia,’’. 

13 (e) RELIEF FROM NATIONAL GUARD DUTY.—Sec14 tion 325(a)(2)(B) of such title is amended by striking 

15 ‘‘commanding general of the District of Columbia Na16 tional Guard’’ and inserting ‘‘the Mayor of the District 

17 of Columbia’’. 

18 (f) AUTHORITY TO ORDER TO PERFORM ACTIVE

19 GUARD AND RESERVE DUTY.— 

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

21 of such title is amended by striking ‘‘the com22 manding general’’ and inserting ‘‘the Mayor of the 

23 District of Columbia after consultation with the 

24 commanding general’’. 

25 (2) CLERICAL AMENDMENTS.— 


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1 (A) SECTION HEADING.—The heading of 

2 such section is amended to read as follows: 

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

4 chief executive’’. 

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

6 sections at the beginning of chapter 3 of such 

7 title is amended by striking the item relating to 

8 section 328 and inserting the following new 

9 item: 

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

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

11 is amended by striking ‘‘commanding general of the Na12 tional Guard of the District of Columbia’’ in the first sen13 tence and inserting ‘‘Mayor of the District of Columbia’’. 

14 (h) NATIONAL GUARD CHALLENGE PROGRAM.—Sec15 tion 509 of such title is amended— 

16 (1) in subsection (c)(1), by striking ‘‘the com17 manding general of the District of Columbia Na18 tional Guard, under which the Governor or the com19 manding general’’ and inserting ‘‘the Mayor of the 

20 District of Columbia, under which the Governor or 

21 the Mayor’’; 

22 (2) in subsection (g)(2), by striking ‘‘the com23 manding general of the District of Columbia Na24 tional Guard’’ and inserting ‘‘the Mayor of the Dis25 trict of Columbia’’; 


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1 (3) in subsection (j), by striking ‘‘the com2 manding general of the District of Columbia Na3 tional Guard’’ and inserting ‘‘the Mayor of the Dis4 trict of Columbia’’; and 

5 (4) in subsection (k), by striking ‘‘the com6 manding general of the District of Columbia Na7 tional Guard’’ and inserting ‘‘the Mayor of the Dis8 trict of Columbia’’. 

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

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

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

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

13 (j) APPOINTMENT OF FISCAL OFFICER.—Section 

14 708(a) of such title is amended by striking ‘‘commanding 

15 general of the National Guard of the District of Colum16 bia’’ and inserting ‘‘Mayor of the District of Columbia’’. 

17 SEC. 6. CONFORMING AMENDMENT TO THE DISTRICT OF 

18 COLUMBIA HOME RULE ACT. 

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

20 Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend21 ed by striking ‘‘the National Guard of the District of Co22 lumbia,’’. 

Æ 


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