The "Defend the Guard Act" establishes new regulations regarding the deployment of the Kansas National Guard into active duty combat. Under this act, the Kansas National Guard, or any of its members, cannot be released into active duty 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 such as executing laws, repelling invasions, or suppressing insurrections. The act 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, asserting that the current delegation of war powers to the executive branch undermines the intent of the Constitution.

Additionally, the act 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 under Title 32 of the United States Code. The bill defines "active duty combat" and "official declaration of war," ensuring that the terms are clearly understood within the context of the act. The provisions of this act will take effect upon publication in the statute book.