H 355 — An act relating to review of orders placing the Vermont National Guard in federal active duty status

Bill Text

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This bill establishes a requirement for the Vermont Governor to review federal orders for the National Guard to ensure compliance with constitutional requirements before deployment.

• 20 V.S.A. chapter 21

  § 371. REVIEW OF FEDERAL ORDERS; AUTHORITY (a) The Governor shall not release the Vermont National Guard into active duty combat unless the U.S. Congress has passed an official declaration of war or has explicitly called forth the Vermont National Guard pursuant to Article I, Section 8, Clause 15 of the U.S. Constitution for one of the following purposes: (1) repelling a military invasion of the United States; (2) suppressing an insurrection; or (3) executing the laws of the United States, provided that the laws were enacted consistent with the provisions of the U.S. Constitution. (b) The Governor shall review all orders that place any unit of the Vermont National Guard on federal active duty status to determine if it is consistent with the requirements of subsection (a) of this section. If the Governor determines that the order is not consistent with the requirements of subsection (a) of this section, the Governor shall take all necessary and appropriate actions to prevent the Vermont National Guard from being placed on federal active duty. (c) Within 10 business days after completing a review pursuant to subsection (b) of this section, the Governor shall notify the General Assembly of the receipt of the federal deployment directive and the Governor’s determination. The report shall summarize the federal directive and its scope and shall explain the Governor’s review process for determining the directive’s legality and constitutionality. (d) This section shall not be construed to: (1) prohibit the Governor from consenting to deployment of the Vermont National Guard for domestic missions under Title 32 of the United States Code, including disaster response and homeland security; or (2) limit the authority of the Vermont National Guard to engage in training missions or humanitarian deployments outside the United States.

  This new section sets strict conditions for the deployment of the Vermont National Guard into active combat and requires the Governor to review federal orders for compliance.

• 20 V.S.A. chapter 21

  § 370. REVIEW OF FEDERAL ORDERS; AUTHORITY (1) “Active duty combat” means performing the following services under federal active duty: (A) participation in an armed conflict; (B) performance of hazardous services relating to an armed conflict in a foreign state; and (C) duties performed using instruments of war. (2) “Official declaration of war” means a formal declaration of war issued pursuant to Article I, Section 8 of the U.S. Constitution.

  This new section defines 'active duty combat' and 'official declaration of war' for the purposes of the Governor's review authority.

• 20 V.S.A. chapter 21

  Sec. 4. IMPLEMENTATION AND COMPLIANCE The Governor shall take all necessary steps to ensure compliance with this act, including rejecting federal orders for deployment into active duty combat unless the criteria established in this act are met. Any order conflicting with this act shall be deemed invalid and unenforceable under Vermont law.

  This section mandates the Governor to ensure compliance with the new review requirements and declares conflicting orders invalid.

Action History

1. February 26, 2025

   Read first time and referred to the Committee on Government Operations and Military Affairs

Sponsors

• Troy Headrick · Primary

Subjects