The bill H.355, titled the Vermont Defend the Guard Act, mandates that the Governor of Vermont review any orders to place the Vermont National Guard in federal active duty status for military conflicts to ensure compliance with the U.S. Constitution. The act emphasizes the importance of Congressional authority in declaring war and aims to protect the rights and safety of Vermont's Guard members by ensuring their deployment aligns with constitutional requirements. The bill outlines specific conditions under which the National Guard can be deployed, including the necessity of an official declaration of war or explicit Congressional call for action.

Additionally, the bill establishes a review process for the Governor, requiring notification to the General Assembly within ten business days of receiving a federal deployment directive. The Governor is tasked with preventing any deployment that does not meet the outlined constitutional criteria. The act also clarifies that it does not restrict the Governor's ability to consent to domestic missions or training outside the U.S. Furthermore, any conflicting federal orders will be deemed invalid under Vermont law, and the act is set to take effect on July 1, 2025.

Statutes affected:
As Introduced: 20-21