32 U.S.C. § 328a: Active Guard and Reserve duty: State disaster response duty

The chief executive of a State who has declared an emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title , to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as “State disaster response duty”. shall be on a reimbursable basis, in accordance with subsection (c); 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 organizing, administering, recruiting, instructing, and training the reserve components; and 7 days, if the Secretary determines that such extension is appropriate; and 46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as that term is defined in section 501 of the Homeland Security Act of 2002 ( 6 U.S.C. 311 ). 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 section. Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds. the appropriation, fund, or account used to pay such costs; or an appropriation, fund, or account available for the purposes for which such costs were incurred. unless authorized by the Secretary of Defense; and after the requesting chief executive obligates funds for the amount in arrears. While performing State disaster response duty under this section, 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 duty. 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 section. The term “Active Guard and Reserve duty” has the meaning given such term in section 101 of title 10 . The term “State” has the meaning given such term in section 901 of this title .