Sponsor
Gary C. Peters
Senator · D-MI
Senator · D-MI
The bill lets governors tap AGR National Guard personnel for short, predictable disaster-response surge capacity but shifts full cost and legal liability to states and creates a risk that DoD support can be suspended for late reimbursement.
State and local governments can access AGR National Guard members for predictable short-term disaster response (initially up to 14 days, with limited extensions), increasing surge capacity and helping emergency planning and operations.
States and their taxpayers must reimburse full manpower costs for AGR members used in State disaster response from non‑Federal funds, increasing state and local fiscal burdens.
State and local governments risk having DoD-provided AGR support suspended if reimbursements are more than 90 days late, potentially interrupting ongoing disaster response and recovery operations.
States (and their taxpayers) remain legally liable for claims arising from use of AGR members on State duty because those members are not U.S. instrumentalities and the federal government disclaims liability.
Based on analysis of 2 sections of legislative text.
Authorizes State use of AGR National Guard for state disaster response with DoD consent, reimbursement requirements, time limits, liability limits, and DoD regulations within 180 days.
Official title: Provide authority and reimbursement for State disaster response duty, and for other purposes.
Introduced December 11, 2025 by Gary C. Peters · Last progress December 11, 2025
Authorizes States to use National Guard members who are on Active Guard and Reserve (AGR) duty to perform state disaster response duty when the State declares an emergency and the Secretary of Defense consents. The law requires reimbursement of the Department of Defense for fully burdened manpower costs, sets default per-member time limits (14 days per year with Secretary-authorized extensions), limits use so it does not interfere with AGR primary duties, and directs the Secretary of Defense to issue implementing regulations within 180 days. The measure clarifies liability (Guard members on this duty are not federal instrumentalities and the United States is not liable for claims), allows crediting receipts to applicable appropriations, and permits suspension of further duty if a State is more than 90 days behind on payments (with limited exceptions).