H.R. 4042: States Taking Accountability for Troops Engaged in Safety Act

The bill, known as the "States Taking Accountability for Troops Engaged in Safety Act" or the "STATES Act," aims to require states to reimburse the federal government for the costs incurred when the National Guard is deployed to respond to certain emergencies. Below is a summary of its key provisions:

Key Provisions

• Call to Federal Service: The President can call members of the National Guard into Federal service during specific situations, which include:
  • If the U.S. or its territories face invasion or the threat of invasion.
  • If there is a rebellion or risk of rebellion against the U.S. Government.
  • If the President cannot enforce U.S. laws using regular military forces.
• Cost Reimbursement: If the National Guard is called into Federal service, and it is determined that this action was due to negligence on the part of the state government, the state will be required to reimburse the federal government. The process includes:
  • The President must notify the Governor of the state about the determination of negligence.
  • The federal government will calculate the costs incurred during the National Guard's deployment.
  • The state’s funding will be reduced by an amount equal to these costs, effectively requiring the state to reimburse the federal government entirely.
• Waiver Provision: The President has the authority to waive the reimbursement requirement:
  • If the state demonstrates extreme financial hardship.
  • If the deployment was primarily to protect federal property or enforce federal law.
• Regulatory Authority: The Secretary of Defense is authorized to create regulations to implement the provisions of this act.
• Effective Date: The bill is proposed to take effect retroactively starting June 1, 2025, and will apply to all National Guard deployments required after this date.

Potential Impact

The bill seeks to hold states accountable for their actions that necessitate the involvement of National Guard troops and aims to ensure that states bear the financial responsibility for such deployments, should they be found at fault.

Relevant Companies

None found