H.R. 4042

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4042 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 4042

To require a State to reimburse the Federal Government for the 
deployment of the National Guard to such State.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 17, 2025

Mr. McCormick (for himself, Mr. Wied, Mr. Hamadeh of Arizona, and Mr. 
Harrigan) introduced the following bill; which was referred to the 
Committee on Armed Services

_______________________________________________________________________

A BILL

To require a State to reimburse the Federal Government for the 
deployment of the National Guard to such State.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``States Taking Accountability for 
Troops Engaged in Safety Act'' or the ``STATES Act''.

SEC. 2. NATIONAL GUARD IN FEDERAL SERVICE.

Section 12406 of title 10, United States Code, is amended to read 
as follows:
``Sec. 12406. National guard in Federal service: call
``(a) In General.--Whenever--
``(1) the United States, or any of the Commonwealths or 
possessions, is invaded or is in danger of invasion by a 
foreign nation;
``(2) there is a rebellion or danger of a rebellion against 
the authority of the Government of the United States; or
``(3) the President is unable with the regular forces to 
execute the laws of the United States;
the President may call into Federal service members and units of the 
National Guard of any State in such numbers as he considers necessary 
to repel the invasion, suppress the rebellion, or execute those laws. 
Orders for these purposes shall be issued through the governors of the 
States or, in the case of the District of Columbia, through the 
commanding general of the National Guard of the District of Columbia.
``(b) Adjustment of Disbursements in Certain Circumstances.--If the 
President--
``(1) calls into Federal service members and units of the 
National Guard of any State in such numbers as he considers 
necessary to repel the invasion, suppress the rebellion, or 
execute those laws pursuant to subsection (a); and
``(2) within 30 days of the conclusion of an action 
described in subsection (a), provides a determination to the 
Governor of the State in which the National Guard was called 
into Federal Service that the calling into service was the 
result of an action or act of negligence carried out by the 
State government;
the President shall direct the Secretary of Defense to coordinate with 
the Secretary of the Treasury, and any other appropriate officials or 
agencies, to determine the cost incurred to the Federal Government as a 
result of calling the National Guard into service, and shall, after 
notifying the Governor of the State, reduce funds made available to 
such State equal to 100 percent of the costs incurred by the Federal 
Government.
``(c) Waiver.--The President may waive the reimbursement 
requirement under this section in cases of extreme financial hardship 
to the State or when the deployment is primarily to protect Federal 
property or enforce Federal law, as determined by the President.
``(d) Regulations.--The Secretary of Defense may prescribe 
regulations to implement this section.''.

SEC. 3. EFFECTIVE DATE.

This Act shall take effect retroactively on June 1, 2025, and apply 
to all National Guard deployments required thereafter.
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