This act authorizes governors to activate National Guard Active Guard and Reserve (AGR) members for up to 14 days of state disaster response duty annually, subject to federal consent and state reimbursement.
Gary Peters
Senator
MI
The Emergency Response Authority Act allows state governors, with Department of Defense consent, to order National Guard Active Guard and Reserve (AGR) members to assist with state disaster response for up to 14 days annually. States must fully reimburse the federal government for the costs associated with this duty. This provision clarifies liability protections for members serving under these state-directed orders.
New Bill Allows Governors to Mobilize Full-Time Guard for Disasters, But States Must Foot the Entire Bill
The new Emergency Response Authority Act creates a specific way for governors to use full-time National Guard personnel—those on Active Guard and Reserve (AGR) status—for state disaster response. When a state declares an emergency, the governor can request that these AGR members be activated for disaster prep or response work, provided the Secretary of Defense signs off. This is designed to give states quick access to experienced, specialized personnel when they need them most, like during floods or major storms.
The 14-Day Clock and the Catastrophe Clause
The ability to use these full-time Guard members is not unlimited. The bill caps this “State disaster response duty” at 14 days per member per calendar year (SEC. 2). Think of it as a quick surge capacity. However, if the disaster is deemed a “catastrophic incident” (using the definition from the Homeland Security Act), the governor can request an extension up to 46 additional days. This means that for a truly massive event, like a major earthquake or widespread hurricane damage, states could potentially keep these specialized personnel working for nearly two months. Crucially, the bill specifies that this disaster duty cannot interfere with the member’s primary AGR job, which is organizing, training, and administering the Guard unit.
The State’s Tab: Full Reimbursement Required
Here’s where the policy meets the budget: While AGR members are paid by the federal government, the state must fully reimburse the feds for the “fully burdened manpower costs” for every day the member performs this disaster duty (SEC. 2). “Fully burdened” means the state is paying for everything—salary, benefits, the whole package. This is a significant financial commitment, especially for states already dealing with massive cleanup costs after a disaster. If a state is more than 90 days late on payment, the Secretary of Defense can essentially cut off access to this program until the state settles its debt.
Where Does the Liability End?
Perhaps the most significant detail for both states and the Guard members themselves is the liability clause. The bill explicitly states that when an AGR member is performing this state-ordered duty, the United States is not liable for any claims or judgments resulting from the member’s actions or omissions (SEC. 2). In plain English, the federal government is washing its hands of the legal risk. This shifts the financial and legal burden entirely onto the state, or potentially the individual member, if something goes wrong—say, an accident during a rescue operation or property damage caused while clearing debris. For states, this means not only paying the full cost of the personnel but also inheriting the full legal risk associated with their operations. It’s a mechanism for swift, specialized help, but it comes with a steep price tag and substantial legal exposure for the states that use it.