January 21, 2025
Ms. Sherrill introduced the following bill; which was referred to the Committee on Armed Services
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.
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.