§ 328. Active Guard and Reserve duty: Governor’s authority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title V § 526(a) · 120 Stat. 2083

   Enacted · 32 U.S.C. § 328

   Added Pub. L. 109–364, div. A, title V, § 526(a), Oct. 17, 2006, 120 Stat. 2196

   Source evidence

   Code source credit
   Added Pub. L. 109–364, div. A, title V, § 526(a), Oct. 17, 2006, 120 Stat. 2196

   Enacted provision · exact public law section
   (a) In General.— Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section: “§ 328. Active Guard and Reserve duty: Governor’s authority “(a) Authority.— The Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, with the consent of the Secretary concerned, may order a member of the National Guard to perform Active Guard and Reserve duty, as defined by section 101(d)(6) of title 10, pursuant to section 502(f) of this title. “(b) Duties.— A member of the National Guard performing duty under subsection (a) may perform the additional duties specified in section 502(f)(2) of this title to the extent that the performance of those duties 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.” .

2. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title V § 515(a) · 136 Stat. 2395

   Added · 32 U.S.C. § 328(c)

   Pub. L. 117–263 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 117–263 added subsec. (c).

   Enacted provision · exact public law section
   (a) In General.— Section 328(b) of title 32, United States Code, is amended by adding at the end the following new subsection: “(c) Waiver Authority.— (1) Notwithstanding section 101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve duty for purposes of performing training of the regular components of the armed forces as the primary duty. “(2) Compliance. Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title. “(3) No more than 100 personnel may be granted a waiver by a Secretary concerned under paragraph (1) at a time. “(4) The authority under paragraph (1) shall terminate on October 1, 2024.” .

2 of 2 references resolved to an enrolled provision