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 court-martial may sentence to—’’ are substituted for the words ‘‘and such courts shall have the power to impose * * * to sen- tence’’. The words ‘‘any combination of these punish- ments’’ are substituted for the words ‘‘or any two or more of such punishments may be combined in the sen- tences imposed by such courts’’. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘States, the Commonwealth of Puerto Rico, the District of Co- lumbia, Guam, and the Virgin Islands’’ for ‘‘States and Territories, Puerto Rico, and the District of Colum- bia’’. 2002—Pub. L. 107–314 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘(a) In the National Guard not in Federal service, general courts-martial may be convened by the Presi- dent or by the governor of a State or Territory or Puer- to Rico or by the commanding general of the National Guard of the District of Columbia. ‘‘(b) A general court-martial may sentence to— ‘‘(1) a fine of not more than $200; ‘‘(2) forfeiture of pay and allowances; ‘‘(3) a reprimand; ‘‘(4) dismissal or dishonorable discharge; ‘‘(5) reduction of a noncommissioned officer to the ranks; or ‘‘(6) any combination of these punishments.’’ 1988—Subsec. (a). Pub. L. 100–456 substituted ‘‘Terri- tory or Puerto Rico’’ for ‘‘Territory, Puerto Rico, or the Canal Zone,’’. Statutory Notes and Related Subsidiaries MODELS FOR STATE CODE OF MILITARY JUSTICE AND STATE MANUAL FOR COURTS-MARTIAL Pub. L. 107–314, div. A, title V, § 512(e), Dec. 2, 2002, 116 Stat. 2537, provided that: ‘‘(1) The Secretary of Defense shall prepare a model State code of military justice and a model State man- ual for courts-martial to recommend to the States for use with respect to the National Guard not in Federal service. Both such models shall be consistent with the recommendations contained in the report that was issued in 1998 by the Department of Defense Panel to Study Military Justice in the National Guard not in Federal Service. ‘‘(2) The Secretary shall ensure that adequate support for the preparation of the model State code of military justice and the model State manual for courts-martial (including the detailing of attorneys and other per- sonnel) is provided by the General Counsel of the De- partment of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the Na- tional Guard Bureau. ‘‘(3) If the funds available to the Chief of the National Guard Bureau are insufficient for paying the cost of the National Guard Bureau support required under para- graph (2) (including increased costs of pay of members of the National Guard for additional active duty neces- sitated by such requirement and increased cost of de- tailed attorneys and other staff, allowances, and travel expenses related to such support), the Secretary shall, upon request made by the Chief of the Bureau, provide such additional funding as the Secretary determines necessary to satisfy the requirement for such support. ‘‘(4) Not later than one year after the date of the en- actment of this Act [Dec. 2, 2002], the Secretary shall submit a report on the actions taken to carry out this subsection to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The report shall include pro- posals in final form of both the model State code of military justice and the model State manual for courts-martial required by paragraph (1), together with a discussion of the efforts being made to present those proposals to the States for their consideration for en- actment or adoption, respectively. ‘‘(5) In this subsection, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.’’ § 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 Sec- retary concerned, may order a member of the National Guard to perform Active Guard and Re- serve 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 per- form the additional duties specified in section 502(f)(2) of this title to the extent that the per- formance of those duties does not interfere with the performance of the member’s primary Ac- tive Guard and Reserve duties of organizing, ad- ministering, recruiting, instructing, and train- ing the reserve components. Page 30 TITLE 32—NATIONAL GUARD § 329 (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 Sec- retary concerned, order a member of the Na- tional Guard to perform Active Guard and Re- serve 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 para- graph (1) at a time. (4) The authority under paragraph (1) shall terminate on October 1, 2024. (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.) Editorial Notes PRIOR PROVISIONS A prior section 328, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related to special courts-martial of the Na- tional Guard not in Federal service, prior to repeal by Pub. L. 107–314, div. A, title V, § 512(c), Dec. 2, 2002, 116 Stat. 2537, applicable with respect to courts-martial convened after Dec. 2, 2002. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–263 added subsec. (c). § 329. Prohibition on private funding for inter- state deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5170). (Added Pub. L. 117–81, div. A, title V, § 512(a), Dec. 27, 2021, 135 Stat. 1682.) Editorial Notes PRIOR PROVISIONS A prior section 329, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, which related to summary courts-martial of National Guard not in Federal service, was repealed by Pub. L. 107–314, div. A, title V, § 512(c)(1), Dec. 2, 2002, 116 Stat. 2537. [§§ 330 to 333. Repealed. Pub. L. 107–314, div. A, title V, § 512(c)(1), Dec. 2, 2002, 116 Stat. 2537] Section 330, act Aug. 10, 1956, ch. 1041, 70A Stat. 609, related to confinement instead of fine for a court-mar- tial in the National Guard not in Federal service. Section 331, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100–456, div. A, title XII, § 1234(b)(3), Sept. 29, 1988, 102 Stat. 2059, related to sentence of dismissal or dishonorable discharge in the National Guard not in Federal service. Section 332, act Aug. 10, 1956, ch. 1041, 70A Stat. 609, authorized the president of a court-martial or a sum- mary court officer to compel attendance of accused and witnesses in the National Guard not in Federal service. Section 333, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059, related to execution of process and sentence of courts-martial in the National Guard not in Federal service. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 107–314, div. A, title V, § 512(c)(2), Dec. 2, 2002, 116 Stat. 2537, provided that: ‘‘The provisions of law re- pealed by paragraph (1) [repealing sections 328 to 333 of this title] shall continue to apply with respect to courts-martial convened in the National Guard not in Federal service before the date of the enactment of this Act [Dec. 2, 2002].’’ [§ 334. Repealed. Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666] Section, added Pub. L. 94–464, § 2(b), Oct. 8, 1976, 90 Stat. 1986; amended Pub. L. 96–513, title V, § 515(3), Dec. 12, 1980, 94 Stat. 2937, provided for the payment of mal- practice liability of National Guard Medical personnel. See sections 1089(a) of Title 10, Armed Forces, and 2671 of Title 28, Judiciary and Judicial Procedure. Statutory Notes and Related Subsidiaries AMENDMENT AFTER REPEAL Pub. L. 97–258, § 3(h)(1), Sept. 13, 1982, 96 Stat. 1065, purported to substitute ‘‘section 1304 of title 31’’ for ‘‘section 1302 of the Act of July 27, 1956, (31 U.S.C. 724a)’’ in subsec. (a) of section 334 of this title, without reference to the earlier repeal of that section by Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666. EFFECTIVE DATE OF REPEAL Repeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of Pub. L. 97–124, set out as an Effective Date of 1981 Amendment note under section 1089 of Title 10, Armed Forces. [§ 335. Repealed. Pub. L. 98–525, title IV, § 414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519] Section, added Pub. L. 98–94, title V, § 504(b)(1), Sept. 24, 1983, 97 Stat. 632, related to status of certain mem- bers of the National Guard performing full-time duty. CHAPTER 5—TRAINING Sec. 501. Training generally. 502. Required drills and field exercises. 503. Participation in field exercises. 504. National Guard schools and small arms com- petitions. 505. Army and Air Force schools and field exer- cises. 506. Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard. 507. Instruction in firing; supply of ammunition. 508. Assistance for certain youth and charitable organizations. 509. National Guard Youth Challenge Program of opportunities for civilian youth. 510. Authorization for FireGuard Program. Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, div. A, title V, § 515(b), Dec. 22, 2023, 137 Stat. 249, added item 510. 2004—Pub. L. 108–375, div. A, title V, § 594(b)(2), Oct. 28, 2004, 118 Stat. 1936, substituted ‘‘National Guard