PRIA, Government Policy, Made Personal

Summary

A Governor (or the commanding general for DC), with the OK of the relevant Secretary, can order a National Guard member to do Active Guard and Reserve (AGR) duty under federal law. Active Guard and Reserve duty — the type of full-time Guard service defined by federal law. While on AGR, a Guard member may do extra tasks the law allows as long as those tasks do not stop them from doing their main AGR work: organizing, managing, recruiting, teaching, and training the reserve forces. If the Secretary asks, the Governor or DC commander may instead order a Guard member to serve on AGR mainly to train regular military units, but that training must follow specific legal rules. No more than 100 people can get that waiver at one time, and that waiver power ends on October 1, 2024.

Title 32, §328

National Guard, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 328, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related to special courts-martial of the National 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).

§328 Active Guard and Reserve Duty: Governor’s Authority