[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3122 Introduced in House (IH)]







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 
  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.

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

SECTION 1. 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'' 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. 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 ``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''.
    (2) Section 9301(c) of such title is amended by striking ``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 Prescribed Training.--Section 
10148(b) 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) 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 striking ``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 Officers.--Section 10506(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''.
    (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 inserting ``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 District of Columbia)''.
    (b) Drug Interdiction and Counter-Drug Activities.--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.--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,''.
    (d) Personnel Matters.--(1) Section 327(a) 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, 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 District of Columbia'' in the 
first sentence and inserting ``Mayor of the District of Columbia''.
    (e) 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''.
    (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 Columbia'' and inserting ``Mayor of the District of 
Columbia''.

SEC. 4. CONFORMING AMENDMENT TO GUARD AND RESERVE TRANSITION 
              INITIATIVES.

    Section 4416(a)(3) of the National Defense Authorization 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 amended by striking ``the National 
Guard of the District of Columbia,''.
                                 <all>