Bill > HB104

This bill, titled the "Defend the Guard Act," aims to restrict the deployment of the New Hampshire National Guard into "active duty combat" overseas, which is defined as participating in armed conflict or hazardous service related to armed conflict in a foreign state under Title 10 of the U.S. Code. The core provision mandates that such deployments can only occur if the United States Congress has issued an "official declaration of war" or taken specific action under Article I, Section 8, Clause 15 of the U.S. Constitution to call forth the guard for enumerated purposes like executing laws, repelling invasions, or suppressing insurrections. This legislation is presented as a response to Congress's perceived abdication of its war powers to the executive branch, a departure from the intent of the U.S. Constitution's founders. Importantly, the bill clarifies that it does not prohibit the governor from consenting to deployments under Title 32 of the U.S. Code, nor does it restrict participation in training exercises outside the continental U.S. or humanitarian assistance missions. The bill's enactment would create a conflict with federal law, potentially jeopardizing significant federal funding for the National Guard, as federal law generally allows for deployments without a formal declaration of war and does not permit governors to withhold consent based on objections to the mission.

Budget and Finance, Military Affairs and Security

https://gc.nh.gov/bill_Status/billinfo.aspx?id=20&inflect=2