Committee backs bill limiting overseas deployment of Virginia National Guard absent congressional declaration

The House Public Safety Subcommittee voted 5-0 to report HB 2193, titled the Defend Our Guard Act, which would constrain Virginia National Guard activation for overseas combat unless Congress issues a declaration of war.

Patron Delegate Freitas told the committee the bill’s central text — beginning on line 64 of the draft — would prohibit activation of the Virginia National Guard for active-duty combat overseas "unless Congress has made an official declaration of war" or in circumstances where constitutional authority expressly authorizes it. The bill preserves the governor’s authority to deploy the Guard for defense support of civil authorities and domestic missions.

Freitas said the measure aims to avoid deploying the Guard to overseas conflicts absent a congressional declaration and stressed that it respects both state and federal authorities. Committee members spoke in support; Delegate Thomas praised the bill as a small but meaningful step given federal-state limits.

When asked whether the bill would have prevented a prior deployment to assist at the Texas border, Freitas said it would not, because that deployment was in another state and for border security, which the bill allows. The substitute (as filed) was reported by a 5-0 roll call.

Authority cited in discussion included a constitutional reference: "Article I, Section 8, Clause 15 of the United States Constitution," which delegates discussed in framing the bill’s limits and the distinction between domestic support and overseas combat.

The bill will advance in the House with the committee’s unanimous recommendation.