This bill would add a consent requirement to certain full-time National Guard duties performed within a state, territory, or the District of Columbia (DC). Specifically, for operations or missions ordered at the request of the President or the Secretary of Defense, the Guard unit would need the consent of the chief executive officer of each state (as defined in the U.S. Code) in which the operations occur, and, if the work takes place in DC, the consent of the DC Mayor. Additionally, the bill explicitly subjects the training or duty ordered under these provisions to the limitations of the Posse Comitatus Act (which restricts military involvement in domestic law enforcement). The short title placeholder indicates it would be cited as the “_______ Act of 2024,” and the measure was introduced by Ms. Sherrill and referred to the Armed Services Committee. In short, the bill shifts more local political control over certain full-time National Guard activities back to state and DC leadership and reinforces constitutional limits on domestic military use.
Key Points
- 1Requires consent of the chief executive officer of each state (as defined in the U.S. Code) where the operation or mission will occur, for full-time National Guard duties ordered by the President or Secretary of Defense.
- 2If operations occur in the District of Columbia, consent must also be obtained from the Mayor of DC.
- 3The phrase “Under” in the relevant statutory text is replaced to emphasize that these duties are contingent on the consent described in the new paragraph (2).
- 4Adds a new paragraph stating that the training or duty ordered under the prior paragraph must comply with the Posse Comitatus Act (18 U.S.C. 1385) limitations.
- 5Short title is listed as the “_______ Act of 2024,” with the bill introduced in the 119th Congress by Rep. Sherrill and referred to the Armed Services Committee.