119-HR4042

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 4042

1. Short title
2. National guard in Federal service
3. Effective date

1. Short title

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

2. National guard in Federal service

Section 12406 of title 10, United States Code, is amended to read as follows:

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;

(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;

(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.

3. Effective date

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