U.S. Code » Title 32 » Chapter CHAPTER 3— PERSONNEL

32 U.S.C. § 328

Active Guard and Reserve duty: Governor’s authority

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(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.(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 NotesPrior 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).

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2002–2026 · leading case: Kenneth Erdel v. Dep't of the Army, 2023 MSPB 27 (MSPB 2023).
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Kenneth Erdel v. Dep't of the Army, 2023 MSPB 27 (MSPB 2023). “§§ 2103 , 2105, and 3101, and 32 U.S.C. § 328 . 2017 NDAA § 932(b)(1), 130 Stat.”
Christiansen v. Major Gen. Morrell, 2025 S.D. 25 (S.D. 2025). · cites it 6× “See 32 U.S.C. § 328 (governor as commander-in-chief); SDCL 33-2-1 (“The Governor is the commander in chief of the militia of the state[.”
United States v. Specialist YORUBA J. JONES (A.C.C.A. 2026). · cites it 2× “§ 101 (c)(2); 32 U.S.C. § 328 . * In addition to the victim’s testimony, the girlfriend testified that the victim was asleep when appellant touched the victim’s breasts and put his hand into the victim’s pants, stating, “it’s so wet,” before the victim woke up and screamed.”
DC v. Donald Trump (D.C. Cir. 2025). “See 32 U.S.C. § 328 . The discussion in this Statement is focused on the States and the District, which is all this case involves.”
State ex rel. Games-Neely v. Sanders, 575 S.E.2d 320 (W. Va. 2002). “” 32 U.S.C. § 328 (c). Summary courts-martial “may sentence to a fine of not more than $26 for a single offense, to forfeiture of pay and allowances, and to reduction of a noncommissioned offer to the ranks.”
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