“A bill to provide for limitations on domestic deployments of National Guard members.”
No CRS summary available for this bill.
This section establishes congressional notification requirements prior to and during presidential orders federalizing National Guard members and units under 10 USC 12406(a) (which authorizes such action to repel invasion or danger of invasion of the United States or its territories, suppress rebellion or danger of rebellion against U.S. authority, or execute federal laws when regular forces are insufficient, with orders issued through state governors or the District of Columbia's commanding general). Specifically, the President must notify Congress not later than 24 hours before federalization, with the notice asserting a good-faith claim and describing with specificity (1) the basis for action (i.e., for invasion: territory, foreign power, and acts; for rebellion: place, time, persons or group, and activities; for law execution: specific laws, reasons regular forces are insufficient, and if without gubernatorial consent, evidence of the governor's inability or refusal to ensure public safety and welfare, refusal to obey a court order, or obstruction of federal law execution); (2) geographical area and duration of federalization; (3) training of deployed units interacting with civilians, including restrictions under 18 USC 1385 (Posse Comitatus Act); and (4) chain of command and requirements for communication with state and local forces. For deployments lasting longer than 48 hours, the President must provide Congress a written notice of continued deployment with updates every 72 hours thereafter, asserting a good-faith claim and describing the conditions under subsection (b)(2), including any changes.