§328a Active Guard and Reserve Duty: State Disaster Response Duty

Summary

A state governor who declares an emergency can, if the Secretary of Defense agrees, order a National Guard member who is on Active Guard and Reserve duty to help with the disaster or prepare for it. That work must be paid for by the state, must not get in the way of the Guard member’s main AGR jobs (organizing units, handling paperwork, recruiting, teaching, and training), and is normally limited to 14 days per member in a calendar year. If the governor asks before the 14th day, the Secretary of Defense can approve a short extension of up to 7 more days, or up to 46 more days if the help is for a catastrophic incident. The military department charges the state the full daily manpower cost, and the state must pay from state or other non‑federal funds. If a state is more than 90 days late paying, the duty generally cannot continue unless the Secretary of Defense allows it and the state sets aside money to cover what it owes. While doing this state disaster work, the Guard member is acting for the state, not the United States, and the federal government is not liable for claims from their actions. Definitions: Active Guard and Reserve duty — the full‑time Guard duty defined in federal law. State — the legal meaning of “State” in the National Guard statutes.