Bill > S3450

This bill, titled the "Emergency Response Authority Act," allows the governor of a state, with the Secretary of Defense's approval, to order National Guard members who are already on "Active Guard and Reserve duty" (meaning they are serving full-time in the Guard for administrative, training, or recruiting purposes) to respond to or prepare for a state-declared disaster. This "State disaster response duty" is limited to 14 days per year per member, though extensions are possible, including up to 46 additional days for catastrophic incidents as defined by the Homeland Security Act of 2002. The state requesting this assistance is responsible for fully reimbursing the military department for the costs associated with this duty, and if a state falls more than 90 days behind on payments, the duty can be suspended unless the Secretary of Defense authorizes it and the state commits to paying the overdue amount. Importantly, while performing this state disaster response duty, National Guard members are not considered agents of the United States, meaning the federal government is not liable for their actions or omissions during such duty.

Military Affairs and Security

https://www.congress.gov/bill/119th-congress/senate-bill/3450/all-info