Sec. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF ACTIVE GUARD AND RESERVE DUTY AT THE REQUEST OF A GOVERNOR MAY NOT INTERFERE WITH CERTAIN DUTIES

390 words·~2 min read·/statute-compilations/comps-17475/sec-515

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 515 AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF ACTIVE GUARD AND RESERVE DUTY AT THE REQUEST OF A GOVERNOR MAY NOT INTERFERE WITH CERTAIN DUTIES ###

(a)In General Section 328(b) of title 32, United States Code, is amended by adding at the end the following new subsection: > > ### “(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.” > . ###

(b)Briefing on Performance of Training as Primary Duty Not later than March 1, 2023, the Secretary of the Army and the Secretary of the Air Force shall each submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing describing how many members of the National Guard are performing Active Guard and Reserve duty for purposes of performing training of the regular components of the Armed Forces as primary duty. ###

(c)Briefing on End Strength Requirements Not later than October 1, 2024, the Secretary of the Army and the Secretary of the Air Force shall each submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing outlining the end strength requirement going forward for Active Guard and Reserve forces of the National Guard impacted by subsection

(c)of section 328(b) of title 32, United States Code, as added by subsection

(a)of this section.