[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3449 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3449

 To provide for limitations on domestic deployments of National Guard 
                                members.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2025

 Mr. Booker (for himself, Mr. Blumenthal, Ms. Hirono, Mr. Van Hollen, 
Ms. Slotkin, Mr. Padilla, and Mr. Kelly) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To provide for limitations on domestic deployments of National Guard 
                                members.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Notification of Troop Involvement 
and Congressional Engagement Act'' or the ``NOTICE Act''.

SEC. 2. LIMITATIONS ON DOMESTIC DEPLOYMENTS OF NATIONAL GUARD MEMBERS.

    Section 12406 of title 10, United States Code, is amended--
            (1) by striking ``Whenever'' and inserting ``(a) In 
        General.--Whenever''; and
            (2) by adding at the end the following new subsections:
    ``(b) Notification Requirement.--(1) Not later than 24 hours before 
calling into Federal service members and units of the National Guard of 
any State under subsection (a), the President shall notify Congress of 
the planned deployment.
    ``(2) The notice required under paragraph (1) shall assert a good-
faith claim for federalizing the National Guard and describe with 
specificity--
            ``(A)(i) the invasion, including the United States 
        territory, the foreign power, and the act or acts of the 
        foreign power that constitute an invasion necessitating the use 
        of authority pursuant to subsection (a)(1);
            ``(ii) the rebellion against the authority of the 
        Government of the United States, including the place and time 
        of the rebellion, the person, persons, or group engaged in the 
        rebellion, and the activities of those engaged in the rebellion 
        necessitating the use of authority pursuant to subsection 
        (a)(2); or
            ``(iii) the laws of the United States which the President 
        is unable to execute, the reasons that regular forces are 
        unable to execute the law, and, where the President is taking 
        such action without the consent of the Governor of the State, 
        evidence of the Governor's inability or refusal to provide for 
        the safety and welfare of the public, or the Governor's refusal 
        to obey a court order, or other active steps the Governor has 
        taken to obstruct the President from faithfully executing the 
        law;
            ``(B) the geographical area where the National Guard will 
        be called to and the duration of the federalization of the 
        National Guard;
            ``(C) the training received by the National Guard unit or 
        units expected to be deployed and interacting with civilian 
        populations, including restrictions under section 1385 of title 
        18; and
            ``(D) the chain of command the National Guard unit or units 
        will be placed under and their requirements to communicate with 
        state and local forces.
    ``(c) Notification Requirement for Longer Deployments.--(1) If a 
deployment under this section lasts longer than 48 hours, the President 
shall notify Congress of the continued deployment in writing and 
provide subsequent updates every 72 hours thereafter.
    ``(2) The notice required under paragraph (1) shall assert a good-
faith claim for the continued deployment of the National Guard and 
describe with specificity the conditions described under subsection 
(b)(2), including any changes to the conditions since the prior 
notice.''.
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