HB 2168 Summary

• Prohibits the Hawaii National Guard from being released into active duty combat unless Congress passes an official declaration of war or takes constitutional action to call forth the Guard.

• Requires Congress to explicitly invoke its constitutional authority to call the National Guard to execute federal laws, repel invasion, or suppress insurrection before combat deployment is permitted.

• Defines "active duty combat" as participation in armed conflict, performance of hazardous service in foreign states, or performance of duty through an instrumentality of war.

• Mandates the Governor take any necessary action to comply with these requirements before releasing Guard members to active federal military service.

• Establishes this law, known as the "Defend the Guard Act," effective upon approval.