House Bill No. [insert number] introduces the "Defend the Guard Act," which establishes that the Montana National Guard cannot be deployed to active combat duty without an official declaration of war or specific congressional action. The bill outlines definitions related to military service, including what constitutes "active duty combat" and the powers of the governor regarding the National Guard. It emphasizes that the governor retains authority to activate the National Guard for federally funded missions that remain under state control, such as training, responding to domestic emergencies, and homeland defense activities.

The bill includes several new sections that codify these provisions into Montana law, ensuring that the National Guard's deployment aligns with constitutional requirements. It also clarifies that the governor's powers are not limited by this act, allowing for constitutionally authorized missions under federal law, provided they do not conflict with the act's stipulations. The act is set to take effect immediately upon passage and approval.