I
107TH CONGRESS
1ST SESSION
H. R. 3122
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
OCTOBER 12, 2001
Ms. NORTON introduced the following bill; which was referred to the Com-
mittee on Government Reform, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORI-
TIES TO MAYOR OF THE DISTRICT OF COLUM-
BIA.
(a) MAYOR AS COMMANDER-IN-CHIEF.—Section 6 of
the Act entitled ‘‘An Act to provide for the organization
of the militia of the District of Columbia, and for other
purposes’’, approved March 1, 1889 (sec. 49–409, D.C.
Official Code), is amended by striking ‘‘President of the
United States’’ and inserting ‘‘Mayor of the District of
Columbia’’.
(b) RESERVE CORPS.—Section 72 of such Act (sec.
49–407, D.C. Official Code) is amended by striking
‘‘President of the United States’’ and inserting ‘‘Mayor
of the District of Columbia’’.
(c) APPOINTMENT OF COMMISSIONED OFFICERS.—
(1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official
Code) is amended—
(A) by striking ‘‘President of the United
States’’ and inserting ‘‘Mayor of the District of Co-
lumbia’’; and
(B) by striking ‘‘President.’’ and inserting
‘‘Mayor.’’.
(2) Section 9 of such Act (sec. 49–304, D.C. Official
Code) is amended by striking ‘‘President’’ and inserting
‘‘Mayor of the District of Columbia’’.
(3) Section 13 of such Act (sec. 49–305, D.C. Official
Code) is amended by striking ‘‘President of the United
States’’ and inserting ‘‘Mayor of the District of Colum-
bia’’.
(4) Section 19 of such Act (sec. 49–311, D.C. Official
Code) is amended—
(A) in subsection (a), by striking ‘‘to the Sec-
retary of the Army’’ and all that follows through
‘‘which board’’ and inserting ‘‘to a board of exam-
ination appointed by the Commanding General,
which’’; and
(B) in subsection (b), by striking ‘‘the Sec-
retary of the Army’’ and all that follows through the
period and inserting ‘‘the Mayor of the District of
Columbia, together with any recommendations of the
Commanding General.’’.
(5) Section 20 of such Act (sec. 49–312, D.C. Official
Code) is amended—
(A) by striking ‘‘President of the United
States’’ each place it appears and inserting ‘‘Mayor
of the District of Columbia’’; and
(B) by striking ‘‘the President may retire’’ and
inserting ‘‘the Mayor may retire’’.
(d) CALL FOR DUTY.—(1) Section 45 of such Act
(sec. 49–103, D.C. Official Code) is amended by striking
‘‘, or for the United States Marshal’’ and all that follows
through ‘‘shall thereupon order’’ and inserting ‘‘to order’’.
(2) Section 46 of such Act (sec. 49–104, D.C. Official
Code) is amended by striking ‘‘the President’’ and insert-
ing ‘‘the Mayor of the District of Columbia’’.
(e) GENERAL COURTS MARTIAL.—Section 51 of such
Act (sec. 49–503, D.C. Official Code) is amended by strik-
ing ‘‘the President of the United States’’ and inserting
‘‘the Mayor of the District of Columbia’’.
SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED
STATES CODE.
(a) DETAIL FOR TRAINING.—(1) Section 4301(c) of
title 10, United States Code, is amended by striking ‘‘gov-
ernor or other appropriate authority of the State or Terri-
tory, Puerto Rico, or the District of Columbia’’ and insert-
ing ‘‘Governor of the State, Territory, or Puerto Rico or
the Mayor of the District of Columbia’’.
(2) Section 9301(c) of such title is amended by strik-
ing ‘‘governor or other appropriate authority of the State
or Territory, Puerto Rico, or the District of Columbia’’
and inserting ‘‘Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia’’.
(b) FAILURE TO SATISFACTORILY PERFORM PRE-
SCRIBED TRAINING.—Section 10148(b) of such title is
amended by striking ‘‘the commanding general of the Dis-
trict of Columbia National Guard’’ and inserting ‘‘the
Mayor of the District of Columbia’’.
(c) APPOINTMENT OF CHIEF OF NATIONAL GUARD
BUREAU.—Section 10502(a)(1) of such title is amended
by striking ‘‘the commanding general of the District of
Columbia National Guard’’ and inserting ‘‘the Mayor of
the District of Columbia’’.
(d) VICE CHIEF OF NATIONAL GUARD BUREAU.—
Section 10505(a)(1)(A) of such title is amended by strik-
ing ‘‘the commanding general of the District of Columbia
National Guard’’ and inserting ‘‘the Mayor of the District
of Columbia’’.
(e) OTHER SENIOR NATIONAL GUARD BUREAU OF-
FICERS.—Section 10506(1) of such title is amended by
striking ‘‘the commanding general of the District of Co-
lumbia National Guard’’ both places it appears and insert-
ing ‘‘the Mayor of the District of Columbia’’.
(f) CONSENT FOR ACTIVE DUTY OR RELOCATION.—
(1) Section 12301 of title 10, United States Code, is
amended—
(A) in subsection (b), by striking ‘‘commanding
general of the District of Columbia National Guard’’
in the second sentence and inserting ‘‘Mayor of the
District of Columbia’’; and
(B) in subsection (d), by striking ‘‘governor or
other appropriate authority of the State concerned’’
and inserting ‘‘governor of the State (or, in the case
of the District of Columbia National Guard, the
Mayor of the District of Columbia)’’.
(2) Section 12406 of such title is amended by striking
‘‘the commanding general of the National Guard of the
District of Columbia’’ and inserting ‘‘the Mayor of the
District of Columbia’’.
(g) CONSENT FOR RELOCATION OF UNITS.—Section
18238 of such title is amended by striking ‘‘, in the case
of the District of Columbia, the commanding general of
the National Guard of the District of Columbia’’ and in-
serting ‘‘the Mayor of the District of Columbia, as the case
may be’’.
SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED
STATES CODE.
(a) MAINTENANCE
OF OTHER TROOPS.—Section
109(c) of title 32, United States Code, is amended by
striking ‘‘(or commanding general in the case of the Dis-
trict of Columbia)’’.
(b) DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES.—Section 112(i)(2) of such title is amended by
striking ‘‘the Commanding General of the National Guard
of the District of Columbia’’ and inserting ‘‘the Mayor of
the District of Columbia’’.
(c) APPOINTMENT OF ADJUTANT GENERAL.—Sec-
tion 314 of such title is amended—
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by
striking ‘‘the commanding general of the District of
Columbia National Guard’’ and inserting ‘‘the
Mayor of the District of Columbia,’’.
(d) PERSONNEL MATTERS.—(1) Section 327(a) of
such title is amended by striking ‘‘the commanding gen-
eral of the National Guard of the District of Columbia’’
and inserting ‘‘the Mayor of the District of Columbia, as
the case may be’’.
(2) Section 331 of such title is amended by striking
‘‘its commanding general’’ and inserting ‘‘the Mayor of
the District of Columbia’’.
(3) Section 505 of such title is amended by striking
‘‘commanding general of the National Guard of the Dis-
trict of Columbia’’ in the first sentence and inserting
‘‘Mayor of the District of Columbia’’.
(e) NATIONAL GUARD CHALLENGE PROGRAM.—Sec-
tion 509 of such title is amended—
(1) in subsection (c)(1), by striking ‘‘the com-
manding general of the District of Columbia Na-
tional Guard, under which the Governor or the com-
manding general’’ and inserting ‘‘the Mayor of the
District of Columbia, under which the Governor or
the Mayor’’;
(2) in subsection (g)(2), by striking ‘‘the com-
manding general of the District of Columbia Na-
tional Guard’’ and inserting ‘‘the Mayor of the Dis-
trict of Columbia’’;
(3) in subsection (j), by striking ‘‘the com-
manding general of the District of Columbia Na-
tional Guard’’ and inserting ‘‘the Mayor of the Dis-
trict of Columbia’’; and
(4) in subsection (k), by striking ‘‘the com-
manding general of the District of Columbia Na-
tional Guard’’ and inserting ‘‘the Mayor of the Dis-
trict of Columbia’’.
(f) ISSUANCE OF SUPPLIES.—Section 702(a) of such
title is amended by striking ‘‘commanding general of the
National Guard of the District of Columbia’’ and inserting
‘‘Mayor of the District of Columbia’’.
(g) APPOINTMENT
OF FISCAL OFFICER.—Section
708(a) of such title is amended by striking ‘‘commanding
general of the National Guard of the District of Colum-
bia’’ and inserting ‘‘Mayor of the District of Columbia’’.
SEC. 4. CONFORMING AMENDMENT TO GUARD AND RE-
SERVE TRANSITION INITIATIVES.
Section 4416(a)(3) of the National Defense Author-
ization Act for Fiscal Year 1993 (Public Law 102–484;
106 Stat. 2714) is amended by striking ‘‘or territory,
Puerto Rico, or the District of Columbia’’ and inserting
‘‘, territory, or the Commonwealth of Puerto Rice, or the
Mayor of the District of Columbia’’.
SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF
COLUMBIA HOME RULE ACT.
Section 602(b) of the District of Columbia Home
Rule Act (sec. 1–206.02(b), D.C. Official Code) is amend-
ed by striking ‘‘the National Guard of the District of Co-
lumbia,’’.
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