[Congressional Record Volume 166, Number 121 (Wednesday, July 1, 2020)]
[Senate]
[Pages S4157-S4158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2405. Mr. VAN HOLLEN (for himself, Mr. Carper, Mr. Blumenthal, Ms.
Baldwin, Mr. Markey, Mr. Wyden, Mr. Leahy, Mr. Cardin, Mr. Durbin, and
Mr. Kaine) submitted an amendment intended to be proposed by him to the
bill S. 4049, to authorize appropriations for fiscal year 2021 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title IX, add the following:
Subtitle E--District of Columbia National Guard Home Rule
SEC. ___. SHORT TITLE.
This subtitle may be cited as the ``District of Columbia
National Guard Home Rule Act''.
SEC. ___. 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. ___. 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
[[Page S4158]]
Guard of the District of Columbia'' and inserting ``Mayor of
the District of Columbia''.
SEC. ___. 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,''.
______