The bill H.355, titled the Vermont Defend the Guard Act, mandates that the Governor of Vermont must review any order to place a unit of the Vermont National Guard in federal active duty status for military conflict to ensure compliance with the U.S. Constitution. The bill emphasizes the importance of Congressional authority in declaring war and aims to prevent the federal government from deploying National Guard units without proper authorization. It outlines specific conditions under which the National Guard can be activated, including the necessity of an official declaration of war or explicit Congressional call for deployment.

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 taking necessary actions to prevent deployment if the order does not meet constitutional requirements. The act also clarifies that it does not restrict the Governor's ability to consent to domestic missions or training outside the U.S. The provisions of this act will take effect on July 1, 2025, and any conflicting federal orders will be deemed invalid under Vermont law.

Statutes affected:
As Introduced: 20-21