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Norton Introduces Bill to Give D.C. Local Authority Over D.C. National Guard

March 3, 2015

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) yesterday introduced a bill to give the District of Columbia home-rule authority over the D.C. National Guard and strengthen the Guard itself. The bill, the District of Columbia National Guard Home Rule Act, would give the mayor of the District authority that governors have in their states over their Guards. However, in the case of the District, the mayor would be able to deploy the D.C. National Guard during local emergencies, including natural disasters and civil disturbances unrelated to national or homeland security, after consultation with the Commanding General of the D.C. National Guard. The President of the United States would retain final authority over federal matters. Currently, only the President and the Commanding General of the D.C. National Guard have the authority to deploy the D.C. National Guard for national and local purposes, respectively.

"The Mayor of the District of Columbia, the head of a jurisdiction with a population larger than several states, should have the authority to deploy the D.C. National Guard for local natural disaster and civil disturbances, particularly considering that the Mayor knows this city better than any federal official," Norton said. "Allowing the Mayor this authority would improve the city's ability to react quickly to emergencies, while still involving the Commanding General of the D.C. National Guard in the decision-making process. The bill is a compromise that respects the federal government's authority while enhancing the District's ability to protect its citizens."

Norton earlier succeeded in getting authority for the Commanding General of the D.C. National Guard, rather than only the President, to deploy the Guard in order to avoid the federal bureaucracy necessary to call up the D.C. National Guard.

Below is Norton's full introductory statement:

Statement of the Honorable Eleanor Holmes Norton on the District of Columbia National Guard Home Rule Act

March 2, 2015

Ms. NORTON. Mr. Speaker, I introduce a bill that would give the mayor of the District of Columbia authority over deploying the D.C. National Guard, after consultation with the Commanding General of the D.C. National Guard, with the President retaining authority on federal matters. In local emergencies, including natural disasters and civil disturbances unrelated to national or homeland security, the mayor of the District should have the same authority that governors exercise over the National Guard in their states. Each governor, as head of state, has the authority to mobilize the National Guard to protect his or her state, just as local militia did historically.

The National Guards in the 50 states operate under dual federal and local jurisdiction. Yet only the President and the Commanding General of the D.C. National Guard currently have the authority to deploy the D.C. National Guard for local and national purposes, respectively. Today, by far the most likely need for the D.C. National Guard here would be for natural disasters, such as hurricanes and floods, and to restore order in the wake of civil disturbances. The mayor, who knows the city better than any federal official and who works closely with federal security officials, should be able to call on the D.C. National Guard for local natural disasters and civil disturbances, after consultation with the Commanding General of the D.C. National Guard. The President should be focused on national matters, including homeland security, not local D.C. matters. Homeland security authority, with respect to the D.C. National Guard, would remain the sole province of the President, along with the power to nationalize the D.C. National Guard for federal matters at will. It does no harm to give the mayor this authority for civil disturbances and natural disasters. However, it could do significant harm to leave the mayor powerless to act quickly. If it makes sense that governors would have control over the mobilization and deployment of their National Guard, it makes equal sense for the mayor of the District, with a population the size of a small state, to have the same authority.

The mayor of the District, as head of state, should have the authority to deploy the D.C. National Guard in instances that do not rise to the level of homeland defense activities. My bill permits the mayor to only deploy the D.C. National Guard after consultation with the Commanding General of the D.C. National Guard. The bill is another important step toward completing the transfer of full self-government powers to the District. Congress began with the passage of the Home Rule Act of 1973, when it delegated most of its authority over District matters to an elected mayor and Council. The bill follows that model.

I urge my colleagues to support the bill.