This bill, known as the "Defend the Guard Act," seeks to limit the activation of the New Hampshire National Guard for active duty combat to instances where the United States Congress has issued an official declaration of war or has taken specific actions under Article I, Section 8 of the U.S. Constitution. The new legal language inserted into the law specifies that the National Guard cannot be deployed into active duty combat unless Congress has formally declared war or explicitly called forth the National Guard for certain enumerated purposes, such as executing laws, repelling invasions, or suppressing insurrections. The bill also clarifies definitions for "active duty combat" and "official declaration of war," while allowing for training exercises and humanitarian assistance without restriction.

The bill proposes to amend RSA 110-B by adding a new section that outlines these requirements, effectively removing the ability of the Governor to unilaterally deploy the National Guard for overseas combat missions without Congressional approval. The fiscal impact of this legislation is significant, as it could jeopardize approximately $395 million in federal funding annually, which supports the operations and maintenance of the National Guard. The bill does not provide funding or authorize new positions, and it is anticipated that the state would need to replace federal funds to maintain operational capabilities if the bill is enacted.