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, as outlined in Article I, Section 8 of the U.S. Constitution. The proposed legal language specifies that the National Guard cannot be deployed into active duty combat unless Congress has either declared war or taken official action to call forth the National Guard for specific purposes such as executing laws, repelling invasions, or suppressing insurrections. The bill also clarifies definitions for "active duty combat" and "official declaration of war," and it allows for the governor to consent to deployments under Title 32 of the U.S. Code, as well as participation in training exercises and humanitarian assistance.

The bill's fiscal impact is significant, as it could jeopardize approximately $395 million in federal funding that supports the operations and maintenance of the New Hampshire National Guard. This includes about $55 million that is integrated into the state budget. The legislation may create conflicts with federal law, particularly regarding the National Guard's activation under Title 10 of the U.S. Code, which does not require the governor's consent for combat deployments. The bill's passage could lead to a decrease in federal funding and increased reliance on state funds to maintain operational capabilities, potentially affecting military readiness and support for National Guard members.