The proposed bill, known as the "Defend the Guard Act," establishes strict conditions under which the Kansas National Guard may be deployed into active duty combat. It asserts that the National Guard cannot be released for combat unless the United States Congress has issued an official declaration of war or has explicitly called forth the Kansas National Guard for specific purposes outlined in the U.S. Constitution. This act emphasizes the constitutional separation of powers, arguing that the current practice of Congress delegating war powers to the executive branch undermines the authority of state officials and the intent of the Constitution's framers.

Additionally, the bill clarifies that while the National Guard cannot be deployed for active combat without congressional approval, the governor retains the authority to consent to the deployment of National Guard members for civil support missions within the U.S. The act defines "active duty combat" and "official declaration of war" to ensure clarity in its application. The bill will take effect upon its publication in the statute book.