Emergency Response Authority Act

This bill, titled the Emergency Response Authority Act, establishes a new authority for National Guard members performing Active Guard and Reserve (AGR) duty to engage in state disaster response. It permits a state's chief executive, following an emergency declaration and with the Secretary of Defense's consent, to order these AGR members to perform duties related to disaster response or preparation. This "State disaster response duty" is designed to be a flexible resource for states during emergencies. Such duty operates on a reimbursable basis , with states responsible for the full manpower costs, and must not impede the member's primary AGR responsibilities. The duration is generally limited to 14 days annually per member, though extensions of 7 or up to 46 days for catastrophic incidents are possible with Secretary of Defense approval. Importantly, the bill specifies that while performing this duty, National Guard members are not considered federal instrumentalities, thereby limiting the United States' liability for any resulting claims.