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This bill would change the rules for certain full-time National Guard duty carried out in a state, territory, or the District of Columbia. It says that when Guard members are ordered to support an operation or mission requested by the President or Secretary of Defense, that work can only happen with approval from the top official in the state or territory involved, or from the Mayor of the District of Columbia if the work is in Washington, D.C. The bill also makes clear that this kind of duty must follow the same limits that apply under the Posse Comitatus Act, which restricts the use of military forces in domestic law enforcement.
- Requires consent from each state or territorial chief executive officer before certain National Guard missions can take place there.
- If the mission is in the District of Columbia, it requires consent from the Mayor of the District of Columbia.
- Applies to full-time National Guard duty ordered to support operations or missions requested by the President or Secretary of Defense.
- States that this training or duty is subject to the Posse Comitatus Act limits on military involvement in civilian law enforcement.
Official Summaries
This bill requires the consent of the chief executive officers (e.g., governors) of involved states when the President or Department of Defense orders National Guard units to perform training or other duty in such states. Under the bill, the term state includes the District of Columbia and territories or possessions of the United States. The bill also subjects the ordered training or duty to the limitations of the Posse Comitatus Act of 1878, which prohibits the use of the military for civil law enforcement purposes.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 590 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 590
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.
_______________________________________________________________________
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'.''.
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