This bill, known as the "Defend the Guard Act," seeks to restrict the activation of the New Hampshire National Guard to circumstances where the United States Congress has made an official declaration of war or taken official action pursuant to Article I, Section 8 of the U.S. Constitution. The bill stipulates that the New Hampshire National Guard cannot be released into active duty combat unless there is an official declaration of war or Congress has explicitly called forth the National Guard for purposes such as executing laws, repelling invasions, or suppressing insurrections. The bill also outlines that the governor must take all necessary actions to comply with these requirements. However, the bill does not limit the governor's ability to consent to the deployment of National Guard members under Title 32 of the U.S. Code, nor does it prohibit training exercises outside the continental U.S., participation in the State Partnership Program, or humanitarian and civic assistance in conjunction with military operations.

The fiscal note attached to the bill indicates that there is an indeterminate fiscal impact on state expenditures, as federal funding of approximately $395 million annually that supports the New Hampshire National Guard's operations and maintenance could be at risk. This funding includes military equipment, major weapons systems, personnel pay, allowances, benefits, and facility-related costs. To maintain current operational capabilities, the state would need to replace these federal funds if lost. The bill's fiscal impact is assumed to occur after FY 2024, and the Department of Military Affairs and Veterans Services has been contacted for analysis. The bill is set to take effect 60 days after its passage.