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32 U.S.C. § 328a — Active Guard and Reserve duty: State disaster response duty
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section328&num=0&edition=prelim), 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”.
**(b) Requirements.—** State disaster response duty performed pursuant to this section—
(1) shall be on a reimbursable basis, in accordance with subsection (c);
(2) 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
(3) shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional—
(A) 7 days, if the Secretary determines that such extension is appropriate; and
(B) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section311&num=0&edition=prelim)).
**(c) Reimbursement.—**
(1) The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower f
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Stable record: federal_law:legal_authorities:record_usc_51f37345b01da76b1238f4ef
Source file: Laws/federal/codes/united-states-code/title-32/section-328a-active-guard-and-reserve-duty-state-disaster-response-duty--ad41cd6b1f.md
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Source location: Title 32, Chapter 3, § 328a; chapter-003-personnel.md
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**(a) Authority.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section328&num=0&edition=prelim), 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”.
**(b) Requirements.—** State disaster response duty performed pursuant to this section—
(1) shall be on a reimbursable basis, in accordance with subsection (c);
(2) 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
(3) shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional—
(A) 7 days, if the Secretary determines that such extension is appropriate; and
(B) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section311&num=0&edition=prelim)).
**(c) Reimbursement.—**
(1) 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.
(2) Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds.
(3) Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to—
(A) the appropriation, fund, or account used to pay such costs; or
(B) an appropriation, fund, or account available for the purposes for which such costs were incurred.
(4) If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed—
(A) unless authorized by the Secretary of Defense; and
(B) after the requesting chief executive obligates funds for the amount in arrears.
**(d) Limitation of Liability.—** 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.
**(e) Definitions.—** In this section:
(1) The term “Active Guard and Reserve duty” has the meaning given such term in [section 101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim).
(2) The term “State” has the meaning given such term in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section901&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There shall be established separate accounts in the Treasury of the United States for appropriated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
**(b) Separate budgets** To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budget shall separate the budget requests for each such entity.
**(c) Fees** Fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) that is for the bureau with jurisdiction over the function to which the fee relates.
**(d) Fees not transferable** No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not authorized by [section 1356 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 311
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/6&num=0&edition=prelim), pursuant to [section 502(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/6/A&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 328
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “homeland defense activity” means an activity undertaken for the military protection of the territory or domestic population of the United States, or of infrastructure or other assets of the United States determined by the Secretary of Defense as being critical to national security, from a threat or aggression against the United States.
(2) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
Page 157
TITLE 6—DOMESTIC SECURITY
§ 311
1 See References in Text note below.
2020—Subsec. (b)(4)(A). Pub. L. 116–260, which directed
substitution of ‘‘December 16, 2021’’ for ‘‘4 years after
December 16, 2016’’, was executed by making the substi-
tution for original text reading ‘‘4 years after the date
of the enactment of this section’’, which had been
translated as ‘‘4 years after December 16, 2016’’, to re-
flect the probable intent of Congress.
§ 301b. Current and proposed agreements
Nothing in this part or in section 4 of the
Cross-Border Trade Enhancement Act of 2016
may be construed as affecting—
(1) any agreement entered into pursuant to
section 560 of division D of the Consolidated
and Further Continuing Appropriations Act,
2013 (Public Law 113–6) or section 559 of title V
of division F of the Consolidated Appropria-
tions Act, 2014 (6 U.S.C. 211 note; Public Law
113–76), as in existence on the day before De-
cember 16, 2016, and any such agreement shall
continue to have full force and effect on and
after such date; or
(2) a proposal accepted for consideration by
U.S. Customs and Border Protection pursuant
to such section 559, as in existence on the day
before December 16, 2016.
(Pub. L. 107–296, title IV, § 483, as added Pub. L.
114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1421.)
Editorial Notes
REFERENCES IN TEXT
Section 4 of the Cross-Border Trade Enhancement
Act of 2016, referred to in text, is section 4 of Pub. L.
114–279, Dec. 16, 2016, 130 Stat. 1422, which repealed sec-
tion 560 of division D of Pub. L. 113–6 and section 559 of
title V of division F of Pub. L. 113–76. Section 560 of
Pub. L. 113–6, was not classified to the Code. Section 559
of Pub. L. 113–76 was classified as a note under section
211 of this title.
§ 301c. D
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 311
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