Section 11 of chapter 33 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following 2 paragraphs:-

The commander-in-chief shall not assist, facilitate, communicate or allow communications between the United States Department of Defense or any branch thereof and individual service members or units of the national guard on any matter associated with an individual or unit being called into active service under Title 10  or 32  of the United States Code unless the active service is:

(i) in support of a congressionally authorized military contingency;

(ii) in support of operations in response to a national catastrophe or disaster as declared in a formal declaration of war, congressional authorization for the use of military force or presidential declaration;

(iii) in support of a congressionally authorized mission with the United States Department of Homeland Security that is consistent with federal law on the appropriate use of the Armed Forces of the United States within or without the continental United States;

(iv) for training for duties that are part of the primary duties of the individual or unit;

(v) for military support of the civil authorities of another state or territory with the express permission of the state’s or territory’s governor or executive civil authority; or

(vi) for military support of civil authorities for other duties supported by congressional action, federal law or tradition, except not law enforcement or immigration enforcement duties other than indirect support or surveillance duties that are part of a border security operation.

Notwithstanding the second paragraph, the commander-in-chief shall not allow an individual or unit of the national guard to be called into active service under Title 10 or 32 of the United States Code if allowing the call into active service would result in the national guard being effectively incapable of responding to a statewide emergency, such as a natural disaster or terrorism event.