,,ii  #aaith ,,congress  #ast ,session  
,s4 #cdej  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #aa1 
#bjbe,mr4 ,peters introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to provide       
authority and reimbursement for ,state  
disaster response duty1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,emergency ,response
 ,authority ,act4  #b4 ,national ,guard3
 ,active ,guard and ,reserve duty in    
response to a ,state disaster  7a7 ,in  
general ,chapter #c of title #cb1       
,united ,states ,code1 is amended by    
inserting after section #cbh the        
following new section3  #cbh;a4 ,active 
,guard and ,reserve duty3 ,state        
disaster response duty  7a7 ,authority  
,the chief executive of a ,state who has
 declared an emergency in such ,state   
due to a disaster1 may1 with the consent
 of the ,secretary of ,defense1 order a 
member of the ,national ,guard of such  

,state1 who is performing ,active ,guard
 and ,reserve duty pursuant to section  
#cbh of this title1 to perform duties in
 response to1 or in preparation for1    
such disaster4 ,duty performed under    
this section shall be referred to as    
,state disaster response duty4  7b7     
,requirements ,state disaster response  
duty performed pursuant to this         
section-- 7#a7 shall be on a            
reimbursable basis1 in accordance with  
subsection 7c72  7#b7 may be performed  
to the extent that the performance of   
such duty does not interfere with the   
performance of the member's primary     
,active ,guard and ,reserve duties of   
organizing1 administering1 recruiting1  
instructing1 and training the reserve   
components2 and  7#c7 shall not exceed a
 total of #ad days per member per       
calendar year1 except that the          
,secretary of ,defense may1 if the chief
 executive so requests before the end of
 the #adth such day1 authorize an       
extension of the duration of such duty1 

not to exceed an additional-- 7,a7 #g   
days1 if the ,secretary determines that 
such extension is appropriate2 and  7,b7
 #df days if the ,secretary determines  
that such duty is in support of the     
response to a catastrophic incident1 as 
that term is defined in section #eja of 
the ,homeland ,security ,act of #bjjb   
7#f ,u4,s4,c4 #caa74  7c7 ,reimbursement
  7#a7 ,the ,secretary of the military  
department concerned shall charge a     
,state for the fully burdened costs of  
manpower for each day of ,state disaster
 response duty performed pursuant to    
this section4  7#b7 ,such charges shall 
be paid from the funds of the ,state of 
the requesting chief executive or from  
any other non-,federal funds4  7#c7 ,any
 amounts received by a ,secretary of a  
military department under this section  
shall be credited1 at the discretion of 
the ,secretary of ,defense1 to-- 7,a7   
the appropriation1 fund1 or account used
 to pay such costs2 or  7,b7 an         
appropriation1 fund1 or account         

available for the purposes for which    
such costs were incurred4  7#d7 ,if the 
,state of the requesting chief executive
 is more than #ij days in arrears in    
reimbursing the ,secretary of the       
military department concerned for ,state
 disaster response duty performed       
pursuant to this section1 such duty may 
not be performed-- 7,a7 unless          
authorized by the ,secretary of         
,defense2 and  7,b7 after the requesting
 chief executive obligates funds for the
 amount in arrears4  7d7 ,limitation of 
liability ,while performing ,state      
disaster response duty under this       
section1 a member of the ,national      
,guard is not an instrumentality of the 
,united ,states with respect to any act 
or omission in carrying out such duty4  
,the ,united ,states shall not be       
responsible for any claim or judgment   
arising from the use of a member of the 
,national ,guard under this section4    
7e7 ,definitions ,in this section3 7#a7 
,the term ,active ,guard and ,reserve   

duty has the meaning given such term in 
section #aja of title #aj4  7#b7 ,the   
term ,state has the meaning given such  
term in section #ija of this title4  4  
7b7 ,regulations ,not later than #ahj   
days after the date of the enactment of 
this ,act1 the ,secretary of ,defense   
shall prescribe regulations under       
section #cbh;a of such title1 as added  
by subsection 7a74