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Senate Bill 3981
116th Congress(2019-2020)
District of Columbia National Guard Home Rule Act
Introduced
Introduced
Introduced in Senate on Jun 17, 2020
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Introduced in Senate 
Jun 17, 2020
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Introduced in Senate(Jun 17, 2020)
Jun 17, 2020
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S. 3981 (Introduced-in-Senate)


116th CONGRESS
2d Session
S. 3981


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

June 17, 2020

Mr. Van Hollen (for himself, Mr. Carper, Mr. Blumenthal, Ms. Baldwin, Mr. Markey, Mr. Wyden, Mr. Leahy, Mr. Cardin, and Mr. Durbin) 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:

“§ 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,”.