Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat.

SB 38, the "Defend the Guard Act," prohibits the Kansas National Guard from being deployed to active duty combat without specific federal authorization. It requires either a formal U.S. Congress declaration of war or explicit congressional action under the Constitution to deploy Kansas Guard members for combat roles. The bill explicitly allows deployments for domestic missions under Title 32 of U.S. law (e.g., civil support), but restricts combat deployments to cases where Congress has followed constitutional procedures. It directly affects Kansas National Guard members and the governor, who must comply with these restrictions. The bill cites constitutional principles to justify limiting federal deployment authority.