Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. The defend the guard act follows the principles that guided the writers of our inspired Constitution, embodied in the United States Constitution and the writings of the founders. Article I, section 8 of the United States Constitution vests in the congress the exclusive power to declare war, and by abdicating the war powers to the executive branch, the United States congress has failed to follow the United States Constitution and the intent of the founders. The legislature recognizes that the Washington national guard is separate in function and authority from the federal branches of the military. The legislature of Washington should zealously protect its authority over its own militia to ensure that the mission outlined in Article III of the state Constitution can be fulfilled. It is the intent of the legislature that, by clarifying the roles and functions of the Washington national guard and related units of the state military department, the legislature will simultaneously clarify the governor's authority to limit outside militia activities within the state.

NEW SECTION.  Sec. 2. A new section is added to chapter 38.08 RCW to read as follows:

(1) Notwithstanding any other provision of law to the contrary, the national guard and any member thereof shall not be released from the state into active duty combat unless the United States congress has passed an official declaration of war or has taken an official action pursuant to Article I, section 8, clause 15 of the United States Constitution to explicitly call forth the national guard and any member thereof for the enumerated purposes to expressly execute the laws of the union, repel an invasion, or suppress an insurrection. The governor shall take all actions necessary to comply with the requirements of this section. Nothing in this section limits or prohibits the governor from consenting to the deployment of any national guard member pursuant to 32 U.S.C. Sec. 101 et seq., defense support for civil authority missions within the United States and United States territories.

(2) For the purposes of this section:

(a) "Active duty combat" means performing the following services in the active federal military service of the United States:

(i) Participation in an armed conflict;

(ii) Performance of a hazardous service relating to an armed conflict in a foreign state; or

(iii) Performance of a duty through an instrumentality of war.

(b) "Official declaration of war" means an official declaration of war made by the United States congress pursuant to Article I, section 8, clause 11 of the United States Constitution.

Correct the title.