The proposed bill, known as the "Defend the Guard Act," establishes restrictions on the deployment of the Wyoming National Guard into active duty combat. It asserts that the power to declare war is constitutionally vested in Congress, and therefore, the National Guard cannot be released into active duty combat unless there is an official declaration of war by Congress or a specific action taken to call forth the National Guard for certain purposes, such as executing laws, repelling invasion, or suppressing insurrection. The bill emphasizes the governor's responsibility to ensure compliance with these requirements while allowing for the deployment of National Guard members for civil support missions within the U.S. and its territories.

Additionally, the bill amends existing law by inserting a provision that makes the National Guard's service subject to the new restrictions outlined in the Defend the Guard Act. This amendment clarifies that while the President can order the National Guard into service, it must align with the stipulations set forth in the new section. The act is set to take effect on July 1, 2024.

Statutes affected:
Introduced: 19-9-204