[Congressional Record Volume 169, Number 22 (Thursday, February 2, 2023)]
[Extensions of Remarks]
[Page E91]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE DISTRICT OF COLUMBIA NATIONAL GUARD HOME RULE ACT

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Thursday, February 2, 2023

  Ms. NORTON. Mr. Speaker, today, I introduce the District of Columbia 
National Guard Home Rule Act, which would give the Mayor of the 
District of Columbia control over the D.C. National Guard. Senator 
Chris Van Hollen is the sponsor of the companion bill in the Senate.
  The governors of the states and territories control their National 
Guards while the president controls the D.C. National Guard. This bill 
would give the D.C. Mayor the same control over the D.C. National Guard 
that the governors of the states and territories have over their 
National Guards. The president would have the same authority to 
federalize the D.C. National Guard that the president has to federalize 
the National Guards of the states and territories.
  The attack on the U.S. Capitol on January 6, 2021, and the events at 
Lafayette Square on June 1, 2020, are prime examples of why the D.C. 
Mayor should control the D.C. National Guard. On January 6th, the Trump 
Administration delayed deploying the D.C. National Guard to the Capitol 
for several hours, likely costing lives and prolonging the attack. At 
Lafayette Square, the Trump Administration used the D.C. National Guard 
to forcibly remove peaceful protestors for a presidential photo op.
  Governors generally deploy the National Guard for natural disasters 
and civil disturbances. The D.C. Mayor, who knows D.C. better than any 
federal official, should be able to deploy the D.C. National Guard for 
natural disasters and civil disturbances, too. In the event of a large-
scale attack on a federal facility in D.C., the D.C. Mayor would almost 
certainly deploy the D.C. National Guard to protect the facility. 
However, in the unlikely event that the D.C. Mayor did not do so, the 
president would have the authority to federalize and deploy the D.C. 
National Guard to do so. This is no different from the division of 
authority today between a governor and the president in the event of a 
large-scale attack on a federal facility in a state or territory.
  Moreover, presidential control over the D.C. National Guard creates a 
loophole in the Posse Comitatus Act, which limits the military's 
involvement in civilian law enforcement. The Department of Justice's 
Office of Legal Counsel has opined that when the D.C. National Guard is 
operating for non-federal purposes, even though it is an exclusively 
federal entity, it may be used for civilian law enforcement without 
violating the Posse Comitatus Act.
  Last Congress, the House passed this bill as part of the fiscal year 
(FY) 2022 National Defense Authorization Act (NDAA) and the FY 2023 
NDAA.
  My bill is another important step toward completing the transfer of 
full self-government powers to D.C. that Congress began with the 
passage of the Home Rule Act of 1973, when it delegated most of its 
authority over D.C. matters to an elected chief executive (mayor) and 
legislature (Council). This bill follows that model.
  I urge my colleagues to support this bill, which would improve public 
safety in the nation's capital and be a historic advance in D.C. self-
government.