Public Law 119-73 (01/23/2026)

10 U.S.C. § 12407

National Guard in Federal service: period 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 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.

Pub. L. 103–337, div. A, title XVI, § 1662(f)(1)108 Stat. 2994Pub. L. 104–106, div. A, title XV, § 1501(b)(19)110 Stat. 497(Added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 103–337, § 1662(f)(2)Provisions similar to those in this section were contained in sections 3501 and 8501 of this title, prior to repeal by .

Amendments

Pub. L. 104–1061996—Subsec. (b). substituted “another State” for “another of those jurisdictions” and “States affected” for “jurisdictions affected”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–106Pub. L. 103–337section 1501(f)(3) of Pub. L. 104–106section 113 of this titleAmendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .

Effective Date

section 1691 of Pub. L. 103–337section 10001 of this titleSection effective , except as otherwise provided, see , set out as a note under .