S.Amdt. 3896

SA 3896. Mr. BOOKER (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed to amendment SA 3748 proposed by Mr.
Wicker (for himself and Mr. Reed) to the bill S. 2296, to authorize
appropriations for fiscal year 2026 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle B of title V, add the following:

SEC. 515. 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 military
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; and
``(B) the geographical area where the National Guard will
be called to and the duration of the federalization of the
National Guard.''.
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