SB62: SB62 "Defend the Guard Act"; enact

Currently the Governor can release Georgia National Guard members to federal active duty under existing arrangements with the U.S. military. This bill, called the "Defend the Guard Act," would rewrite part of Georgia's state militia law (O.C.G.A. § 38-2-5) to say that Guard members cannot be sent into active combat or combat support operations unless the United States Congress has either issued an official declaration of war or taken a specific constitutional action calling forth the militia to enforce federal law, suppress an insurrection, or repel an invasion. The bill defines "active duty combat" to include participating in armed conflict, hazardous service in a foreign country, or duties tied to war-related instrumentalities. It does not affect the Governor's ability to send Guard members to help with civil emergencies inside the United States. The Governor would be required to take all actions necessary to follow this rule, and the bill repeals any conflicting laws.

• Rewrites Georgia's state militia law (O.C.G.A. § 38-2-5) to restrict when Georgia National Guard members can be released into active combat.
• Requires either a formal congressional declaration of war or a specific constitutional call-up action before Guard members can be sent into combat or combat support operations.
• Defines 'active duty combat' to cover armed conflict participation, hazardous foreign service, and war-related duties.
• Requires the Governor to take all steps necessary to comply with the new restriction.
• Preserves the Governor's ability to deploy Guard members for domestic civil emergency support missions.
• Repeals any existing laws that conflict with these new restrictions.

Georgia National Guard members and their families, the Governor's office, and the Georgia Department of Defense, since the bill changes the legal conditions under which Guard members can be sent into combat outside routine domestic emergency support.

If enacted, Georgia could not send Guard members into foreign combat operations without a congressional declaration of war or specific call-up, a much higher bar than current federal deployment practice, which could affect how and when Georgia's Guard participates in overseas missions.

• Section 1 names the bill the 'Defend the Guard Act.'
• Section 2 amends O.C.G.A. § 38-2-5 to add definitions for 'active duty combat' and 'official declaration of war.'
• Section 2 bars release of the Georgia National Guard into active combat or combat support operations without a congressional declaration of war or a specific constitutional call-up action.
• Section 2 requires the Governor to take all actions necessary to comply and clarifies the restriction does not limit domestic civil support deployments under 32 U.S.C. Section 328.
• Section 2 retains existing language on how the Governor calls out organized or unorganized militia when federalized under the U.S. Constitution.
• Section 3 repeals conflicting laws.

1. 2026-01-12Senate Recommitted (Senate)
2. 2025-02-28Senate Read Second Time (Senate)
3. 2025-02-27Senate Committee Favorably Reported (Senate)
4. 2025-02-24Senate Withdrawn & Recommitted (Senate)
5. 2025-01-30Senate Read and Referred (Senate)
6. 2025-01-29Senate Hopper (Senate)

• Colton Moore (R, SD-053)Primary sponsor

• National Guard
• military deployment
• war powers
• state militia law