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 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 the governor to consent to deployments under Title 32 of the U.S. Code and participation in training exercises or humanitarian assistance.

The bill's fiscal impact is significant, as it could jeopardize approximately $395 million in federal funding annually for the New Hampshire National Guard, with about $55 million directly affecting the state budget. The legislation could 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, as the National Guard has not been formally called to war since World War II, relying instead on authorizations for military force.