This bill proposes the creation of a new section in chapter 37-01 of the North Dakota Century Code that restricts the deployment of the North Dakota National Guard into active duty combat. It defines "active duty combat" as participation in armed conflict, hazardous services related to armed conflict in foreign states, or duties through instruments of war. The bill stipulates that the National Guard cannot be released for active duty combat unless there is an official declaration of war by the U.S. Congress or an explicit call to action under the Constitution for specific purposes such as executing laws, repelling invasion, or suppressing insurrection.
Additionally, the bill mandates that the governor must take necessary actions to comply with this new section but clarifies that it does not limit the governor's ability to consent to the National Guard's deployment for civil authority missions within the U.S. and its territories under Title 32 of the United States Code. The bill is declared an emergency measure, indicating its immediate importance and urgency.