Establishing Defend the Guard Act

Senate Bill 22, the "Defend the Guard Act," requires the U.S. Congress to formally declare war or take specific constitutional action before West Virginia National Guard members can be deployed to active-duty combat. The bill defines "active-duty combat" as participating in armed conflict, performing hazardous foreign service, or carrying out war-related duties. It mandates that the West Virginia Governor cannot release Guard members from state control for such deployments without either a congressional war declaration or an official action under the Constitution’s militia clause. This directly affects the West Virginia National Guard, its members, and the Governor’s authority to deploy them.