HB0265

Restricts the deployment of Wyoming National Guard members into active duty combat without a formal congressional declaration of war or explicit constitutional authorization.

• Establishes legislative findings that Congress has failed to follow constitutional war powers provisions by delegating war declaration authority to the executive branch. (Section 1)
• Defines 'active duty combat' as participation in armed conflict, hazardous service related to armed conflict in a foreign state, or performance of duty through an instrumentality of war. (W.S. 19-9-104(b)(i))
• Defines 'official declaration of war' as a formal declaration passed by Congress pursuant to Article I, Section 8, Clause 11 of the U.S. Constitution. (W.S. 19-9-104(b)(ii))
• Prohibits the Wyoming National Guard from being released into active duty combat unless Congress has passed an official declaration of war or taken official action under Article I, Section 8, Clause 15 to explicitly call forth the National Guard for executing federal laws, repelling invasion, or suppressing insurrection. Requires the governor to take necessary actions to comply. (W.S. 19-9-104(c))
• Preserves the governor's authority to consent to deployment of Wyoming National Guard members under Title 32 of the U.S. Code for civil defense support missions within the United States and U.S. territories. (W.S. 19-9-104(d))
• Makes the restrictions in this act applicable to existing statutes governing the ordering of the National Guard into service of the United States. (W.S. 19-9-204(b))

Effective: July 1, 2025

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