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

Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 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](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

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Stable record: federal_law:legal_authorities:record_usc_6768b6f2a8ea7ae48f579a94
Source file: Laws/federal/codes/united-states-code/title-32/section-328-active-guard-and-reserve-duty-governors-authority--6e8731458e.md
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Source location: Title 32, Chapter 3, § 328; chapter-003-personnel.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10508 — National Guard Bureau: general provisions

**(a) Manpower Requirements of National Guard Bureau.—** The manpower requirements of the National Guard Bureau as a joint activity of the Department of Defense shall be determined in accordance with regulations prescribed by the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff. **(b) Personnel for Functions of National Guard Bureau.—** (1) **In general.—** — The Chief of the National Guard Bureau may program for, appoint, employ, administer, detail, and assign persons under sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or [section 328 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section328&num=0&edition=prelim), within the National Guard Bureau and the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands to execute the functions of the National Guard Bureau and the missions of the National Guard, and missions as assigned by the Chief of the National Guard Bureau. (2) **Administration through adjutants general.—** — The Chief of the National Guard Bureau may designate the adjutants general referred to in [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) to appoint, employ, and administer the National Guard employees authorized by this subsection. (3) **Administrative actions.—** — Notwithstanding the Intergovernmental Personnel Act of 1970 ([42 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim) et seq.) and under regulations prescribed by the Chief of the National Guard Bureau, all personnel actions or conditions of employment, including adverse act

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Federal law — U.S. Code and appendices · legal_authorities

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

**(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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Federal law — U.S. Code and appendices · legal_authorities

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

Page 29 TITLE 32—NATIONAL GUARD § 328 the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. (b) In the National Guard not in Federal serv- ice— (1) general courts-martial may be convened by the President; (2) special courts-martial may be convened— (A) by the commanding officer of a garri- son, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or (B) by the commanding officer of a divi- sion, brigade, regiment, wing, group, de- tached battalion, separate squadron, or other detached command; and (3) summary courts-martial may be con- vened— (A) by the commanding officer of a garri- son, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or (B) by the commanding officer of a divi- sion, brigade, regiment, wing, group, de- tached battalion, detached squadron, de- tached company, or other detachment. (c) The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 100–456, div. A, title XII, § 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 107–314, div. A, title V, § 512(b), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109–163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 327(a) ...... 327(b) ...... 32:92 (1st 46 words). 32:92 (less 1st 46 words). June 3, 1916, ch. 134, § 103, 39 Stat. 208. In subsection (a), the words ‘‘Federal service’’ are substituted for the words ‘‘service of the United States’’. In subsection (b), the words ‘‘A general

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