[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3162 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3162

   To clarify the authority of States to use National Guard members 
    performing Active Guard and Reserve duty during State-directed 
                    responses to domestic incidents.


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                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2021

Mrs. Feinstein introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To clarify the authority of States to use National Guard members 
    performing Active Guard and Reserve duty during State-directed 
                    responses to domestic incidents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard Emergency Response 
Act of 2021''.

SEC. 2. AUTHORITY OF STATES TO USE NATIONAL GUARD MEMBERS PERFORMING 
              ACTIVE GUARD AND RESERVE DUTY DURING STATE-DIRECTED 
              RESPONSES TO DOMESTIC INCIDENTS.

    Section 328(b) of title 32, United States Code, is amended--
            (1) by inserting ``(1)'' before ``A member''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Under regulations prescribed by the Chief of the National 
Guard Bureau, the adjutant general of the jurisdiction concerned may 
authorize a member of the National Guard performing duty under 
subsection (a) to perform additional duties in response to a State-
declared emergency or disaster provided that the adjutant general 
determines that members performing such additional duties will derive a 
benefit that satisfies or complements training requirements for the 
wartime mission or other training objectives of the members' unit.''.
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