AZ HB2181

National Guard cannot be called into active duty combat unless Congress declares war or takes constitutional action to call on the Guard, or the Arizona legislature provides specific authorization by concurrent resolution.

"Active duty combat" is defined as participating in armed conflict, performing hazardous service in a foreign state, or performing duty through an instrumentality of war while in active federal military service.

The Governor must take all necessary actions to comply with these requirements.

Legislature finds that Congress has not declared war in over 70 years despite repeated military actions by the executive branch, and cites founding documents supporting Congressional war powers.

The act may be cited as the "Defend the Guard Act."