HB 406 Summary

• Prohibits Hawaii National Guard members and units from being released into active duty combat unless Congress passes an official declaration of war or takes constitutional action to call forth the Guard to execute federal laws, repel invasion, or suppress insurrection.

• Requires the Governor to take any action necessary to comply with these requirements for releasing the Hawaii National Guard to active duty combat.

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

• Defines "official declaration of war" as a formal declaration made by Congress pursuant to Article I, Section 8, Clause 11 of the U.S. Constitution.

• Takes effect upon approval by the Governor.