NH HB104

Prohibits the New Hampshire National Guard from being released into active duty combat in foreign countries unless Congress has passed an official declaration of war or explicitly called forth the Guard under Article I, Section 8, Clause 15 of the U.S. Constitution to execute federal laws, repel invasion, or suppress insurrection

Titled the "Defend the Guard Act," the bill defines "active duty combat" as participation in armed conflict or hazardous service in a foreign state under Title 10 of the U.S. Code

Preserves the governor's authority to consent to National Guard deployments under Title 32, as well as training exercises outside the U.S. and humanitarian/civic assistance missions

Requires the governor to take all actions necessary to comply with these restrictions on National Guard deployment

Fiscal note estimates potential loss of $55 million annually in federal funds included in state budgets, with total federal funding at risk of approximately $395 million annually if the federal government withholds support under 32 USC §108