Bill > HB104

This bill, known as the "Defend the Guard Act," aims to limit the activation of the New Hampshire National Guard for active duty combat in foreign states to only those instances where the United States Congress has passed an official declaration of war or taken explicit action under the U.S. Constitution. Specifically, the bill requires that National Guard members can only be deployed into active national service if Congress has either formally declared war (which hasn't happened since World War II) or explicitly called forth the Guard to execute union laws, repel an invasion, or suppress an insurrection. The bill defines "active duty combat" as participating in armed conflicts or performing hazardous services related to war under Title 10 of the United States Code. While the bill would restrict combat deployments, it still allows the Governor to consent to deployments under Title 32, permits training exercises outside the continental United States, and allows humanitarian and civic assistance missions. The fiscal note indicates that this legislation could potentially put at risk approximately $395 million in annual federal funding, including $55 million directly included in state budgets, as it may conflict with existing federal military deployment laws that do not require gubernatorial consent for certain types of active duty.

Military Affairs and Security

https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=15&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=HB104