NE LB508

Nebraska National Guard cannot be ordered into active combat for U.S. military service unless Congress has declared war or called forth the Guard to execute federal laws, suppress insurrection, or repel invasions under the U.S. Constitution.

Governor must review all current federal orders that have placed Nebraska National Guard members into active combat to determine constitutional compliance.

If any federal order is found non-compliant, the Governor must take action to immediately return those Guard members to Nebraska.

Governor must submit a report to the Legislature's Government, Military and Veterans Affairs Committee within 30 days summarizing the review and any actions taken.

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