H.R. 4042

119th CONGRESS 1st Session

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 · Sponsor: Mr. McCormick · Committee: Committee on Armed Services

Table of contents

• H.R. 4042
  • SEC. 1. Short title
  • SEC. 2. National guard in Federal service
  • SEC. 3. Effective date

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. National guard in Federal service

• Section 12406 of title 10, United States Code, is amended to read as follows:
  • (a) In general
    • Whenever—
      • the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
      • there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
      • 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—
      • 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
      • 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.