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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
- Requires that National Guard operations or missions requested by the President or Secretary of Defense obtain consent from the chief executive officer of each State where the operations will take place.
- Requires consent from the Mayor of the District of Columbia for National Guard operations or missions taking place in DC.
- Clarifies that National Guard training and duty are subject to the Posse Comitatus Act, which restricts the use of military forces for domestic law enforcement.
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)
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Rep. Sherrill, Mikie (D-NJ) [#11]
2 cosponsors
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Del. Norton, Eleanor Holmes (D-DC) [At-large] -
Rep. Sorensen, Eric (D-IL) [#17]
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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