HB 4091 – clarifies when Oregon National Guard members may be mobilized for federal service beyond routine training.

• Allows the Adjutant General to facilitate, assist or coordinate in the mobilization of the Oregon National Guard under Title 10 of the United States Code or Title 32 of the United States Code under an authority other than the Governor, only if the active service is for certain listed reasons.
• Prohibits the state government from facilitating, assisting or coordinating in the mobilization of the Oregon National Guard under Title 10 of the United States Code or Title 32 of the United States Code under an authority other than the Governor if the active service is for law enforcement duties or immigration enforcement duties.
• Prohibits the Governor or the Adjutant General from allowing an individual or unit of the Oregon National Guard to be called into active service if the call into active service results in the Oregon National Guard being incapable of responding to a statewide emergency.
• Prohibits the militia or armed forces of another state, territory or district of the United States from entering the borders of this state for the purpose of performing military duty within the borders of this state or performing military duty within the borders of this state, unless the Governor consents or the militia or armed forces are serving in a federal active duty status.
• Declares an emergency, effective on passage

EMAIL LEGISLATORS

Basically, the bill makes this state less safe by restricting federal help. All federal agents and all police should have all they need to do their job of protecting themselves and the population from paid rioters.

Federal law and court rulings already reinforce strict limits on the National Guard’s involvement in civilian law enforcement unless the President formally invokes the Insurrection Act. The Act does not apply to the National Guard when operating under state authority, once the Guard is federalized under Title 10, it becomes subject to this restrictions. 

This bill attempts to restrict state cooperation with federal Title 10 mobilizations in certain circumstances. Key restrictions on Title 10 mobilizations:

• Prohibits state assistance for law enforcement or immigration enforcement duties (Section 2(3))
• Requires specific justifications – the Adjutant General can only assist with mobilizations for congressionally authorized operations, declared disasters, authorized DHS missions, training, or other congressionally authorized duties (Section 2(2))

Prevents mobilizations that would leave Oregon unable

The constitutional tension: Under Title 10, the federal government has authority to federalize National Guard units, making them part of the active U.S. military. Oregon cannot legally prevent this federal action. However, the bill attempts to respond to state emergencies (Section 2(4))

• Withdraw state-level cooperation and facilitation
• Prevent state officials from assisting with such mobilizations

This creates a potential conflict because while states cannot block federal authority over federalized troops, this bill tries to make Oregon officials non-cooperative, which would be challenged as interfering with federal supremacy under the Constitution’s Supremacy Clause.