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) that 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 the deployment of National Guard members for training exercises and humanitarian assistance, as well as under Title 32 of the U.S. Code.

The bill also highlights the potential fiscal impact, estimating a risk of losing approximately $395 million in federal funding annually, which includes $55 million that supports the operations and maintenance of the National Guard. The legislation could create conflicts between state and federal laws, particularly regarding the activation of National Guard members for combat, as the U.S. Congress has not formally declared war since World War II. The bill is set to take effect once a specified number of states enact similar legislation or after a certain certification process, and it will become effective 60 days after passage.