HB406 Summary

• Hawaii National Guard members cannot be released from state control into active duty combat unless Congress passes an official declaration of war or takes action under Article I, Section 8, Clause 15 of the U.S. Constitution.

• Congress must explicitly call forth the Hawaii National Guard to either execute the laws of the union, repel an invasion, or suppress an insurrection before they can be deployed to active duty combat.

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

• The Governor must take any action necessary to comply with these requirements.

• The Act takes effect upon approval and is known as the "Defend the Guard Act."