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 constitutional authority of Congress to declare war and the role of the Kansas governor as the commander in chief of the state militia, arguing that current practices have undermined this framework.

Additionally, the bill clarifies that the governor retains the authority to consent to the deployment of National Guard members for defense support missions within the United States under Title 32 of the United States Code. The act defines "active duty combat" and "official declaration of war" to provide clear parameters for its application. The bill will take effect upon its publication in the statute book.