10 U.S.C. § 12405 — National Guard in Federal service: status

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; 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 Colum- bia, through the commanding general of the Na- tional Guard of the District of Columbia. (Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3500 and 8500 of this title, prior to re- peal by Pub. L. 103–337, § 1662(f)(2). AMENDMENTS 2006—Par. (1). Pub. L. 109–163 substituted ‘‘Common- wealths or possessions’’ for ‘‘Territories, Common- wealths, or possessions’’. 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. § 12407. National Guard in Federal service: pe- riod of service; apportionment (a) Whenever the President calls the National Guard of a State into Federal service, he may specify in the call the period of the service. Members and units called shall serve inside or outside the territory of the United States during the term specified, unless sooner relieved by the President. However, no member of the National Guard may be kept in Federal service beyond the term of his commission or enlistment. (b) When the National Guard of a State is called into Federal service with the National Guard of another State, the President may ap- portion the total number called from the Army National Guard or from the Air National Guard, as the case may be, on the basis of the popu- lations of the States affected by the call. (Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(19), Feb. 10, 1996, 110 Stat. 497.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3501 and 8501 of this title, prior to re- peal by Pub. L. 103–337, § 1662(f)(2). AMENDMENTS 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘another State’’ for ‘‘another of those jurisdictions’’ and ‘‘States affected’’ for ‘‘jurisdictions affected’’. 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. § 12408. National Guard in Federal service: phys- ical examination (a) Under regulations prescribed by the Presi- dent, each member of the National Guard called into Federal service under section 12301(a), 12302, or 12304 of this title shall be examined as to physical fitness, without further commission or enlistment. (b) Immediately before such a member is mus- tered out of Federal service, he shall be exam- ined as to physical fitness. The record of this ex-