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10 U.S.C. § 12406 — National Guard in Federal service: call
Federal law — U.S. Code and appendices · legal_authorities
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
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Stable record: federal_law:legal_authorities:record_usc_66b63767ac7eb97b3ef08dba
Source file: Laws/federal/codes/united-states-code/title-10/section-12406-national-guard-in-federal-service-call--24bcb33f6f.md
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Source location: Title 10, Chapter 1211, § 12406; chapter-1211-national-guard-members-in-federal-service.md
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Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Active-Duty, Selected Reserve, and Space Force End Strengths To Be Authorized by Law.—** Congress shall authorize personnel strength levels for each fiscal year for each of the following:
(1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b).
(2) The end strength for the Selected Reserve of each reserve component of the armed forces.
(3) The end strength for the Space Force for members in space force active status.
**(b) Certain Reserves on Active Duty To Be Authorized by Law.—**
(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to—
(A) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;
(B) full-time National Guard duty under [section 502(f)(1)(B) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/B&num=0&edition=prelim) for the purpose of providing operational support when authorized by the Secretary of Defense;
(C) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 115
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days.
**(b) Support for Responses to Certain Emergencies.—** The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving—
(1) a use or threatened use of a weapon of mass destruction; or
(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.
**(c) Authority Relating to Significant Cyber Incidents.—** When the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a covered incident, such Secretary m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Goods and Services Provided by Nontraditional Defense Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), products and services provided by nontraditional defense contractors (as that term is defined in [section 3014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3014&num=0&edition=prelim)) may be treated by the head of an agency as commercial products and commercial services, respectively, for purposes of this chapter.
**(b) Services Provided by Certain Nontraditional Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), services provided by a business unit that is a nontraditional defense contractor (as that term is defined in [section 3014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3014&num=0&edition=prelim)) shall be treated as commercial services for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.
**(c) Commingled Items Purchased by Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract shall be treated as a commercial product for purposes of this chapt
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3457
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) **Contracts and cooperative agreements.—** — The Secretary of the Navy may enter into contracts and cooperative agreements with the Naval Academy Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Notwithstanding [section 3201(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3201/e&num=0&edition=prelim), the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to [section 3204(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a/5&num=0&edition=prelim). Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Naval Academy.
(2) **Leases.—** — The Secretary may enter into leases, in accordance with [section 2667 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667&num=0&edition=prelim), or licenses with the Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Any such lease or license shall be deemed to satisfy the conditions of [section 2667(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667/h/2&num=0&edition=prelim).
**(b) Use of Navy Personal Property by the Association.—** The Secretary may allow the Association to use, at no cost, personal property of the Department of the Navy to assist the Association in supporting the athletic and physical fitness programs of the Naval Academy.
**(c) Acceptance of Support.—**
(1) **Support received from the association.—** — Notwithstanding [section 1342
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8481
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of service in the uniformed services** In this section, the term “service in the uniformed services” means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve.
**(b) Discrimination against students who serve in the uniformed services prohibited** A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform, service in the uniformed services shall not be denied readmission to an institution of higher education on the basis of that membership, application for membership, performance of service, application for service, or obligation.
**(c) Readmission procedures**
(1) **In general** — Any student whose absence from an institution of higher education is necessitated by reason of service in the uniformed services shall be entitled to readmission to the institution of higher education if—
(A) the student (or an appropriate officer of the Armed Forces or official of the Department of Defense) gives advance written or verbal notice of such service to the appropriate official at the institution of higher education;
(B) the cumulative length of the absence and of all previous absences from that institution of higher education by reason of service in the uniformed services does not exceed five years; and
(C) except as otherwise provided in this section, the student submits a notification of intent to reenroll in the institution of higher education in accordance with the provisions of paragraph (4).
(2) **Exceptions**
(A) *Military necessity* — No notice is required under paragraph (1)(A) if the giving of such notice is precluded by military necessity, such as—
(i) a mission, ope
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1091c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if—
(1) the person (or an appropriate officer of the uniformed service in which such service is performed) has given advance written or verbal notice of such service to such person’s employer;
(2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and
(3) except as provided in subsection (f), the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection (e).
**(b)**
(1) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable.
(2) A determination of military necessity for purposes of paragraph (1) shall be made—
(A) except as provided in subparagraphs (B) and (C), pursuant to regulations prescribed by the Secretary of Defense;
(B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5165f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165f&num=0&edition=prelim)) and as intermittent personnel under section 306(b)(1) of such Act ([42 U.S.C. 5149(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5149/b/1&num=0&edition=prelim))
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4312
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Federal law — U.S. Code and appendices · legal_authorities
Page 3682
TITLE 10—ARMED FORCES
§ 12405
AMENDMENTS
1996—Pub. L. 104–106 inserted ‘‘the’’ in section catch-
line.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective as if included
in the Reserve Officer Personnel Management Act, title
XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see
section 1501(f)(3) of Pub. L. 104–106, set out as a note
under section 113 of this title.
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
§ 12405. National Guard in Federal service: status
Members of the National Guard called into
Federal service are, from the time when they
are required to respond to the call, subject to
the laws and regulations governing the Army or
the Air Force, as the case may be, except those
applicable only to members of the Regular Army
or Regular Air Force, as the case may be.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3499 and 8499 of this title, prior to re-
peal by Pub. L. 103–337, § 1662(f)(2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
§ 12406. National Guard in Federal service: call
Whenever—
(1) the United States, or any of the Common-
wealths or possessions, is invaded or is in dan-
ger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebel-
lion against the authority of the Government
of the United States; o
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12406
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