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10 USC CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL

SERVICE 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

.

-HEAD-

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-MISC1-

Sec.

12401. Army and Air National Guard of the United States: status.

12402. Army and Air National Guard of the United States:

commissioned officers; duty in National Guard Bureau.

12403. Army and Air National Guard of the United States: members;

status in which ordered into Federal service.

12404. Army and Air National Guard of the United States:

mobilization; maintenance of organization.

12405. National Guard in Federal service: status.

12406. National Guard in Federal service: call.

12407. National Guard in Federal service: period of service;

apportionment.

12408. National Guard in Federal service: physical examination.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(18)(A),

Feb. 10, 1996, 110 Stat. 497, inserted ''the'' after ''Army and Air

National Guard of'' in items 12401, 12402, 12403, and 12404.

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10 USC Sec. 12401 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12401. Army and Air National Guard of the United States:

status

-STATUTE-

Members of the Army National Guard of the United States and the

Air National Guard of the United States are not in active Federal

service except when ordered thereto under law.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2993.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3495 and 8495 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(f)(2).

EFFECTIVE DATE

Chapter effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

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10 USC Sec. 12402 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12402. Army and Air National Guard of the United States:

commissioned officers; duty in National Guard Bureau

-STATUTE-

(a) The President may, with their consent, order commissioned

officers of the Army National Guard of the United States and the

Air National Guard of the United States to active duty in the

National Guard Bureau.

(b)(1) The number of officers of the Army National Guard of the

United States in grades below brigadier general who are ordered to

active duty in the National Guard Bureau may not be more than 40

percent of the number of officers of the Army authorized for duty

in that Bureau and, to the extent practicable, shall not exceed 40

percent of the number of officers of the Army serving in that

Bureau in any grade below brigadier general.

(2) The number of officers of the Air National Guard of the

United States in grades below brigadier general who are ordered to

active duty in the National Guard Bureau may not be more than 40

percent of the number of officers of the Air Force authorized for

duty in that Bureau and, to the extent practicable, shall not

exceed 40 percent of the number of officers of the Air Force

serving in that Bureau in any grade below brigadier general.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2993; amended Pub. L. 104-106, div. A, title

XV, Sec. 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3496 and 8496 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(f)(2).

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''the'' in section catchline.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 523, 641, 10507, 12011 of

this title; title 32 section 107; title 37 section 204.

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10 USC Sec. 12403 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12403. Army and Air National Guard of the United States:

members; status in which ordered into Federal service

-STATUTE-

Members of the Army National Guard of the United States ordered

to active duty shall be ordered to duty as Reserves of the Army.

Members of the Air National Guard of the United States ordered to

active duty shall be ordered to duty as Reserves of the Air Force.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2993; amended Pub. L. 104-106, div. A, title

XV, Sec. 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3497 and 8497 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(f)(2).

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''the'' in section catchline.

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.

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10 USC Sec. 12404 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12404. Army and Air National Guard of the United States:

mobilization; maintenance of organization

-STATUTE-

During an initial mobilization, the organization of a unit of the

Army National Guard of the United States or of the Air National

Guard of the United States ordered into active Federal service

shall, so far as practicable, be maintained as it existed on the

date of the order to duty.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2993; amended Pub. L. 104-106, div. A, title

XV, Sec. 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3498 and 8498 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(f)(2).

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''the'' in section catchline.

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.

-CITE-

10 USC Sec. 12405 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12405. National Guard in Federal service: status

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2993.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3499 and 8499 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(f)(2).

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10 USC Sec. 12406 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12406. National Guard in Federal service: call

-STATUTE-

Whenever -

(1) the United States, or any of the Territories,

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.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2994.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3500 and 8500 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(f)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 115, 12304 of this

title; title 5 section 6323; title 38 section 4312.

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10 USC Sec. 12407 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12407. National Guard in Federal service: period of service;

apportionment

-STATUTE-

(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

apportion 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 populations of the States affected by the call.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2994; amended Pub. L. 104-106, div. A, title

XV, Sec. 1501(b)(19), Feb. 10, 1996, 110 Stat. 497.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3501 and 8501 of this title, prior to repeal by Pub. L.

103-337, Sec. 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''.

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.

-CITE-

10 USC Sec. 12408 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

-HEAD-

Sec. 12408. National Guard in Federal service: physical examination

-STATUTE-

(a) Under regulations prescribed by the President, 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 mustered out of Federal

service, he shall be examined as to physical fitness. The record

of this examination shall be retained by the United States.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct.

5, 1994, 108 Stat. 2994; amended Pub. L. 104-201, div. A, title V,

Sec. 523, Sept. 23, 1996, 110 Stat. 2517.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3502 and 8502 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(f)(2).

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201 inserted ''under section

12301(a), 12302, or 12304 of this title'' after ''called into

Federal service''.

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