Title: District of Columbia National Guard Home Rule Act
Policy area: Government Operations and Politics

Summary:
District of Columbia National Guard Home Rule Act
This bill makes the Mayor of the District of Columbia, rather than the President of the United States, the Commander-in-Chief of the National Guard of the District of Columbia.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 130 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 130

 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, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

 Mr. Van Hollen (for himself, Mr. Carper, Mr. Blumenthal, Ms. Baldwin, 
 Mr. Markey, Mr. Wyden, Mr. Cardin, Mr. Kaine, Mr. Durbin, Mr. Casey, 
    Ms. Duckworth, Ms. Cortez Masto, Mr. Heinrich, and Mr. Warner) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 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, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia National Guard 
Home Rule Act''.

SEC. 2. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE 
              DISTRICT OF COLUMBIA.

    (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'' each place it appears 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 Columbia''; 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 Columbia''.
    (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is 
amended--
            (A) in subsection (a), by striking ``to the Secretary of 
        the Army'' and all that follows through ``which board'' and 
        inserting ``to a board of examination appointed by the 
        Commanding General, which''; and
            (B) in subsection (b), by striking ``the Secretary 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 inserting ``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 striking ``the President of the 
United States'' and inserting ``the Mayor of the District of 
Columbia''.

SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.

    (a) Failure To Satisfactorily Perform Prescribed Training.--Section 
10148(b) of title 10, United States Code, is amended by striking ``the 
commanding general of the District of Columbia National Guard'' and 
inserting ``the Mayor of the District of Columbia''.
    (b) 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''.
    (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) 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) Other Senior National Guard Bureau Officers.--Section 
10506(a)(1) of such title is amended by striking ``the commanding 
general of the District of Columbia National Guard'' both places it 
appears and inserting ``the Mayor of the District of Columbia''.
    (e) Consent for Active Duty or Relocation.--(1) Section 12301 of 
such title 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 the period at the end 
        and inserting the following: ``, 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''.
    (f) Consent for Relocation of Units.--Section 18238 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''.

SEC. 4. 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 District of Columbia)''.
    (b) Drug Interdiction and Counter-Drug Activities.--Section 
112(h)(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) Additional Assistance.--Section 113 of such title is amended by 
adding at the end the following new subsection:
    ``(e) Inclusion of District of Columbia.--In this section, the term 
`State' includes the District of Columbia.''.
    (d) Appointment of Adjutant General.--Section 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,''.
    (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such 
title is amended by striking ``commanding general of the District of 
Columbia National Guard'' and inserting ``the Mayor of the District of 
Columbia''.
    (f) Authority To Order To Perform Active Guard and Reserve Duty.--
            (1) Authority.--Subsection (a) of section 328 of such title 
        is amended by striking ``the commanding general'' and inserting 
        ``the Mayor of the District of Columbia after consultation with 
        the commanding general''.
            (2) Clerical amendments.--
                    (A) Section heading.--The heading of such section 
                is amended to read as follows:
``Sec. 328. Active Guard and Reserve duty: authority of chief 
              executive''.
                    (B) Table of sections.--The table of sections at 
                the beginning of chapter 3 of such title is amended by 
                striking the item relating to section 328 and inserting 
                the following new item:

``328. Active Guard and Reserve duty: authority of chief executive.''.
    (g) Personnel Matters.--Section 505 of such title is amended by 
striking ``commanding general of the National Guard of the District of 
Columbia'' in the first sentence and inserting ``Mayor of the District 
of Columbia''.
    (h) National Guard Challenge Program.--Section 509 of such title is 
amended--
            (1) in subsection (c)(1), by striking ``the commanding 
        general of the District of Columbia National Guard, under which 
        the Governor or the commanding 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 commanding 
        general of the District of Columbia National Guard'' and 
        inserting ``the Mayor of the District of Columbia'';
            (3) in subsection (j), by striking ``the commanding general 
        of the District of Columbia National Guard'' and inserting 
        ``the Mayor of the District of Columbia''; and
            (4) in subsection (k), by striking ``the commanding general 
        of the District of Columbia National Guard'' and inserting 
        ``the Mayor of the District of Columbia''.
    (i) 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''.
    (j) Appointment of Fiscal Officer.--Section 708(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''.

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 amended by striking ``the National 
Guard of the District of Columbia,''.
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