HB2181, also known as the "Defend the Guard Act," seeks to amend Arizona law to restrict the circumstances under which the National Guard can be called into active duty combat. The bill stipulates that the National Guard shall not be deployed for active duty combat unless the United States Congress has passed an official declaration of war or taken an official action that calls on the National Guard to execute laws, repel an invasion, or suppress an insurrection. Alternatively, the Arizona State Legislature can provide specific authorization through a concurrent resolution. The Governor of Arizona would be required to ensure compliance with these conditions.

The bill also defines "active duty combat" as participating in armed conflict, performing hazardous service in a foreign state, or performing a duty through an instrumentality of war. It further defines an "official declaration of war" as one made by the United States Congress in accordance with the Constitution. The bill includes findings that emphasize the constitutional powers of Congress regarding the declaration of war and criticizes the executive branch for overstepping its authority in this area. The bill aims to reinforce the role of Congress and the state legislature in decisions related to war and the deployment of the National Guard.

Statutes affected:
Introduced Version: 26-164