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32 U.S.C. § 328Active Guard and Reserve duty: Governor’s authority

submitted 20 years ago by Pub. L. 109-364 to r/title-32-NATIONAL-GUARD · 276 words · no verdicts yet

in plain englishAI-generated · not legal advice

A governor, with the Secretary's consent, can order a member onto Active Guard and Reserve duty. These members mainly organize, recruit, and train the reserve components. A waiver can let up to 100 members instead train regular forces, until October 1, 2024.

(a) Authority — The Governor of a state (or of Puerto Rico, Guam, or the Virgin Islands), or the commanding general of the D.C. National Guard, can — with the consent of the relevant Secretary — order a National Guard member onto Active Guard and Reserve duty, as defined in 10 U.S.C. § 101(d)(6), under section 502(f) of this title. (b) Duties — A member on this kind of duty can also perform the extra duties listed in section 502(f)(2), as long as that doesn't get in the way of their main job: organizing, administering, recruiting, instructing, and training the reserve components. (c) Waiver Authority — (1) Even though section 101(d)(6)(A) of title 10 and subsection (b) above normally limit the job to that reserve-component work, the Governor (or D.C. commanding general) can — at the Secretary's request — order a member onto this duty specifically to train the regular armed forces as their main job. (2) That training must follow the rules in section 502(f)(2)(B)(i). (3) No more than 100 people can get this waiver from a Secretary at one time. (4) This waiver authority ends on October 1, 2024.
the actual law source: uscode.house.gov ↗public domain
(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.

(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)

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.

Source credit: (Added Pub. L. 109–364, div. A, title V, § 526(a), Oct. 17, 2006, 120 Stat. 2196; amended Pub. L. 117–263, div. A, title V, § 515(a), Dec. 23, 2022, 136 Stat. 2566.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-364 · 120 Stat. 2196
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2566

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-364 on 2006-10-17.

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