[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7901-S7902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4391. Mr. VAN HOLLEN (for himself, Mr. Carper, Mr. Blumenthal, Mr. 
Wyden, Mr. Durbin, Mr. Casey, Mr. Kaine, Mr. Heinrich, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 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 X, add the following:

       Subtitle H--District of Columbia National Guard Home Rule

     SEC. 1071. SHORT TITLE.

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

     SEC. 1072. 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. 1073. 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. 1074. 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 
     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 of the 
     District of Columbia National Guard'' and inserting ``the 
     Mayor of the District of Columbia''.
       (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''.

[[Page S7902]]

       (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. 1075. 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,''.
                                 ______