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To amend title 32, United States Code, to clarify certain limitations on full-time National Guard duty performed in a State, Territory, or the District of Columbia, and for other purposes.
Summary
This bill amends federal law governing National Guard duty to require explicit consent from state governors and the Mayor of the District of Columbia before the federal government can deploy National Guard units for certain operations or missions within their jurisdictions. Specifically, when the President or Secretary of Defense requests that a National Guard unit conduct operations or missions in a state or the District of Columbia, the chief executive officer of that state or the Mayor must provide consent. The bill also clarifies that all such training and duty remain subject to the Posse Comitatus Act, a federal law that generally restricts the military from being used for domestic law enforcement purposes.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
2 cosponsors
Actions (2)
- Jan 21, 2025 Referred to the House Committee on Armed Services. · house
- Jan 21, 2025 Introduced in House
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Text versions (1)
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Full text
IN THE HOUSE OF REPRESENTATIVES
January 21, 2025
Ms. Sherrill introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To amend title 32, United States Code, to clarify certain limitations on full-time National Guard duty performed in a State, Territory, or the District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “_______ Act of 2024”.
SEC. 2. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE OFFICER FOR CERTAIN FULL-TIME NATIONAL GUARD DUTY PERFORMED IN A STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA.
Subsection (f) of section 502 of title 32, United States Code, is amended—
(1) in paragraph (1), by striking “Under” and inserting “Subject to paragraph (2) and under”;
(2) in paragraph (2), by striking subsection (A) and inserting the following:
“(A) Support of operations or missions undertaken by the member’s unit at the request of the President or Secretary of Defense, with the consent of—
“(i) the chief executive officer of each State (as that term is defined in section 901 of this title) in which such operations or missions shall take place; and
“(ii) if such operations or missions shall take place in the District of Columbia, the Mayor of the District of Columbia.”; and
(3) by adding at the end the following new paragraph:
“(3) The training or duty ordered to be performed under paragraph
(1) shall be subject to the limitations of section 1385 of title 18, commonly referred to as the ‘Posse Comitatus Act’.”. <all>
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