I 

109TH CONGRESS 

2D SESSION H. R. 5306 

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 

MAY 4, 2006 

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’’ each place it appears 

14 and inserting ‘‘Mayor 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) FAILURE TO SATISFACTORILY PERFORM PRE13 SCRIBED TRAINING.—Section 10148(b) of such title is 

14 amended by striking ‘‘the commanding general of the Dis15 trict of Columbia National Guard’’ and inserting ‘‘the 

16 Mayor of the District of Columbia’’. 

17 (b) APPOINTMENT OF CHIEF OF NATIONAL GUARD

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

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

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

21 the District of Columbia’’. 

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

23 Section 10505(a)(1)(A) of such title is amended by strik24 ing ‘‘the commanding general of the District of Columbia 


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

2 of Columbia’’. 

3 (d) OTHER SENIOR NATIONAL GUARD BUREAU OF4 FICERS.—Section 10506(a)(1) of such title is amended by 

5 striking ‘‘the commanding general of the District of Co6 lumbia National Guard’’ both places it appears and insert7 ing ‘‘the Mayor of the District of Columbia’’. 

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

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

10 amended— 

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

12 general of the District of Columbia National Guard’’ 

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

14 District of Columbia’’; and 

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

16 other appropriate authority of the State concerned’’ 

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

18 of the District of Columbia National Guard, the 

19 Mayor of the District of Columbia)’’. 

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

21 ‘‘the commanding general of the National Guard of the 

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

23 District of Columbia’’. 

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

25 18238 of such title is amended by striking ‘‘the comVerDate Aug 31 2005 18:20 May 07, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5306.IH H5306

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1 manding general of the National Guard of the District of 

2 Columbia’’ and inserting ‘‘the Mayor of the District of Co3 lumbia’’. 

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

5 STATES CODE. 

6 (a) MAINTENANCE OF OTHER TROOPS.—Section 

7 109(c) of title 32, United States Code, is amended by 

8 striking ‘‘(or commanding general in the case of the Dis9 trict of Columbia)’’. 

10 (b) DRUG INTERDICTION AND COUNTER-DRUG AC11 TIVITIES.—Section 112(h)(2) of such title is amended by 

12 striking ‘‘the Commanding General of the National Guard 

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

14 the District of Columbia’’. 

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

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

17 subsection: 

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

19 this section, the term ‘State’ includes the District of Co20 lumbia.’’. 

21 (d) APPOINTMENT OF ADJUTANT GENERAL.—Sec22 tion 314 of such title is amended— 

23 (1) by striking subsection (b); 

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

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


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

2 striking ‘‘the commanding general of the District of 

3 Columbia National Guard’’ and inserting ‘‘the 

4 Mayor of the District of Columbia,’’. 

5 (e) RELIEF FROM NATIONAL GUARD DUTY.—Sec6 tion 325(a)(2)(B) of such title is amended by striking ‘‘the 

7 commanding general of the National Guard of the District 

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

9 Columbia’’. 

10 (f) 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 (g) 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 (h) 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 (i) 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. 4. 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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