The proposed bill, known as the "Defend the Guard Act," establishes specific conditions under which the Kansas National Guard may be deployed into active duty combat. It asserts that the National Guard cannot be released for such purposes unless the United States Congress has issued an official declaration of war or has explicitly called forth the Kansas National Guard for specific constitutional purposes, such as executing laws, repelling invasions, or suppressing insurrections. The bill emphasizes the importance of adhering to 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.

Additionally, the bill clarifies that the governor retains the authority to consent to the deployment of Kansas National Guard members for defense support missions within the United States, as permitted under federal law. The act defines "active duty combat" and "official declaration of war," ensuring that the terms are clearly understood within the context of the legislation. The bill will take effect upon its publication in the statute book.