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 taken specific actions under Article I, Section 8 of the U.S. Constitution. The proposed legal language includes the insertion of a new section, RSA 110-B:5-a, which defines "active duty combat" and "official declaration of war," and stipulates that the National Guard cannot be deployed for combat unless these conditions are met. Additionally, the bill clarifies that the governor retains the authority to consent to deployments under Title 32 of the U.S. Code and does not restrict participation in training exercises or humanitarian assistance.

The bill also highlights the potential fiscal impact, estimating a risk of losing approximately $395 million in federal funding annually, which supports the operations and maintenance of the National Guard. This includes about $55 million that is integrated into the state budget. The legislation could create conflicts with federal law, as it may contradict existing provisions that allow for the National Guard's activation without the governor's consent. The bill emphasizes the importance of adhering to constitutional principles regarding war powers, reflecting concerns about the delegation of such powers to the executive branch without congressional approval.