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 bill introduces a new section to RSA 110-B, which stipulates that the National Guard cannot be deployed into active duty combat unless Congress has either declared war or taken specific actions to call forth the National Guard for 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.

Additionally, the bill includes a provision that it will take effect once either five states, including New Hampshire, enact similar legislation, or both Massachusetts and Maine do so. The fiscal impact of the bill is significant, as it could jeopardize approximately $395 million in federal funding annually for the New Hampshire National Guard, which supports various operational and maintenance costs. The bill's restrictions may create conflicts with federal law, particularly regarding the National Guard's ability to be called to active duty without the governor's consent, potentially leading to the withholding of federal funds if compliance with federal requirements is not met.