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119-s-3450119th CongressWALLET

Emergency Response Authority Act

Sponsored By: Senator Peters, Gary C. [D-MI]

Introduced

Summary

Allows governors to order Active Guard and Reserve members on AGR duty to perform short disaster response missions. The bill would create a Title 32 "State disaster response duty" with limits, pay rules, and liability terms.

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  • States can request AGR members after a governor's emergency declaration. Duty is capped at 14 days per member per calendar year and states must pay fully burdened manpower costs.
  • National Guard members on Active Guard and Reserve (AGR) duty could be ordered only with the Secretary of Defense's consent and only if the assignment does not interfere with their primary AGR duties. While serving under this authority the member is treated as a state instrumentality and the United States is not liable for claims from their actions.
  • The Secretary of Defense would issue implementing regulations within 180 days and could approve extra days when appropriate. Recovered payments could be credited to Defense funds at the Secretary's discretion and duty is barred for states more than 90 days delinquent without special approval.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

State disaster duty for Guard members

If enacted, this bill would let a State chief executive, after declaring a disaster emergency, order National Guard members on Active Guard and Reserve (AGR) duty to perform "State disaster response duty" with the Defense Secretary's consent. That duty could not interfere with the member's primary AGR tasks and would normally be limited to 14 days per member per calendar year. The Defense Secretary could approve an extra 7 days, and up to 46 more days for a "catastrophic incident" (6 U.S.C. 311), if the state requests before the 14th day. The State must pay the Department the fully burdened manpower cost for each day from State or other non‑Federal funds. If a State is more than 90 days behind in reimbursing costs, the duty cannot be used unless the Defense Secretary allows it and the State obligates funds for the arrears. While on this duty, the Guard member would not be an instrumentality of the United States and the United States would not be liable for claims. The Secretary of Defense would have to issue implementing regulations within 180 days after enactment.

Sponsors & CoSponsors

Sponsor

Peters, Gary C. [D-MI]

MI • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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