[Congressional Record Volume 169, Number 167 (Thursday, October 12, 2023)]
[Extensions of Remarks]
[Page E960]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF LEGISLATION TO PROHIBIT THE TRANSFER OF PERSONNEL AND 
     EQUIPMENT OF THE D.C. NATIONAL GUARD TO ANOTHER NATIONAL GUARD

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                    of the district of the columbia

                    in the house of representatives

                       Thursday, October 12, 2023

  Ms. NORTON. Mr. Speaker Pro Tempore, today, I introduce a bill that 
would prohibit the Department of Defense (DOD) and the District of 
Columbia National Guard (DCNG) from transferring personnel and 
equipment of the DCNG to DOD or the National Guard of a state or 
territory. The DOD has indicated it will restructure the DCNG. The DOD 
is considering, among other things, transferring the aviation units of 
the DCNG to the Maryland and Virginia National Guards. Transferring the 
aviation units would make D.C. residents and the nation's capital less 
safe.
  The DCNG is unique. The National Guards of the states and territories 
operate under dual federal and state/territorial jurisdiction, while 
the DCNG operates solely under federal jurisdiction. The governors of 
the states, as well as of the three territories with National Guards, 
control their National Guards, and the president has the authority to 
federalize the National Guards. The president controls the DCNG.
  The proposed transfer of aviation units is especially troubling. If 
the DCNG had no aviation units, the DCNG would be reliant on the 
National Guards of the states and territories or active-duty forces for 
aviation matters, such as intercepting aircraft, patrolling the skies 
and rescuing or evacuating people in emergencies. While the D.C. mayor 
or DCNG could request assistance from a state or territory in the event 
air assets were needed in D.C., there is no guarantee the air assets 
would be provided in a timely manner--or at all. While the president 
could use active-duty troops or federalize a state or territorial 
National Guard for aviation matters to assist D.C., the circumstances 
under which the president may federalize a National Guard are very 
limited.
  I note that I have introduced legislation, which the House passed 
twice last Congress, to give the D.C. mayor the same control over the 
DCNG that the governors have over their National Guards. I also note 
that I was outraged by the attacks on protestors by the DCNG after the 
killing of George Floyd.
  I urge my colleagues to support this bill.

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