Committee considers bill to limit certain federal coordination with Virginia National Guard

Senator Perry told the Senate Committee on General Laws and Technology that SB 337 is intended to modernize and clarify state law on National Guard deployments so the Commonwealth and its communities retain civilian oversight and guard members are not used for domestic policing or immigration enforcement.

The bill adds clarifying language to sections of state code (noted in the presentation as § 44-1.14.1 and § 44-1.14.2) and prohibits the adjutant general from facilitating communications that would prematurely or improperly place Virginia Guard members under federal Title 10 or Title 32 activation except for six narrowly defined categories such as congressional military contingencies, declared disasters, or mutual aid.

Alexis Boles Fryer of the Department of Military Affairs told senators that the Virginia National Guard is more than 95% federally funded, and while there is no explicit trigger in the bill to cut funding, the department could not predict whether a federal agency would alter funding decisions. Committee members asked whether the bill would affect federal funding; the sponsor and agency representative said that federal funding decisions are outside the Commonwealth’s authority, though the bill was modeled on similar language upheld in other states.

The committee voted to report the bill for further consideration.

What happens next: The bill was reported and will be considered by the finance and/or floor process for potential amendments; sponsors expect technical clarifications to ensure the measure preserves needed mutual-aid functions.