The SUN Act mandates that the President must report detailed information to Congress within 15 days following most domestic deployments of the National Guard, unless the deployment is specifically for a natural disaster.
Alejandro "Alex" Padilla
Senator
CA
The Safeguarding the Use of the National Guard Act (SUN Act) requires the President to report to Congress within 15 days following most domestic deployments of the National Guard. This report must detail the legal justification, goals, impact on civilians, local law enforcement feedback, and cost estimates for the deployment. This oversight requirement is waived only when the National Guard is deployed domestically due to a declared natural disaster.
The new Safeguarding the Use of the National Guard Act (SUN Act) is essentially a transparency upgrade for how the President uses the National Guard stateside. If you’ve ever wondered who is accountable when the Guard shows up during civil unrest or other non-natural disaster events, this bill aims to make that process crystal clear.
Under Section 2, if the President deploys the National Guard domestically using certain federal authorities (Title 10, Chapters 13 or 15), they must send a detailed report to Congress within 15 days. This isn't just a quick memo; it requires the Executive Branch to lay out the exact legal justification, the goals of the deployment, and a full estimate of the federal cost, including any indirect expenses hitting the Department of Defense. It’s like requiring a full receipt and a mission statement every time.
This bill ensures that Congress—and by extension, the public—gets the full story, not just a soundbite. The report has a few non-negotiable requirements that directly impact accountability. For instance, the President must include details on how the deployment affected the situation, specifically noting any interactions between Guard members and civilians involved in violence or threats. This means if the Guard is deployed during a protest, there must be a formal record of any clashes or incidents, which is a big deal for civil liberties groups and local communities.
Crucially, the report must also include feedback from local and state police agencies detailing their view on whether the National Guard deployment was appropriate. This provision ensures that the perspective of the people who deal with local issues daily is formally weighed, preventing a purely top-down federal decision without local buy-in. For a city manager or police chief, this means their assessment can’t be ignored.
One of the most practical requirements is the Disaster Readiness Check. The President must certify that using the Guard for the current mission won't mess up the military’s ability to respond to a major natural disaster, like a hurricane or an earthquake. This is a vital check on capacity. If you live in a coastal area, you want assurance that a domestic deployment somewhere else isn't going to leave your state short-handed when the next major storm hits.
There is one major carve-out to this reporting requirement: the entire process is waived if the President deploys the Guard solely for a natural disaster declared under the Stafford Act. This makes sense—when a hurricane is flooding a city, Congress doesn't need a 15-day report on the legal goals. The goal is obvious: save lives and property. However, this exception could be a point of friction. What happens if a situation involves both a natural disaster and subsequent civil unrest? The bill’s current wording could allow the Executive Branch to categorize the entire event under the natural disaster umbrella to avoid the detailed reporting, potentially obscuring the details of civilian interactions during the unrest component. While the overall intent is positive—more transparency—this specific exception is worth watching.