The proposed bill, known as the "Defend the Guard Act," establishes restrictions on the deployment of the Wyoming National Guard into active duty combat. It asserts that the Wyoming National Guard cannot be released into active duty combat unless there is an official declaration of war by the United States Congress or an explicit action taken by Congress to call forth the National Guard for specific purposes, such as executing laws, repelling invasion, or suppressing insurrection. The bill emphasizes the constitutional principle that only Congress has the authority to declare war, reflecting concerns about the delegation of war powers to the executive branch.

Additionally, the bill includes an amendment to existing law, specifying that the National Guard may still be ordered into service by the President for constitutional purposes, but this is now subject to the provisions outlined in the new section regarding the Defend the Guard Act. The act is set to take effect on July 1, 2023.

Statutes affected:
Introduced: 19-9-204