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Title 10 — Armed ForcesRelease 119-73

§12407 National Guard in Federal service: period of service; apportionment

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1211— - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE › § 12407

Last updated Apr 6, 2026|Official source

Summary

The President can call a State’s National Guard into federal service and set how long they must serve. Guard members and units must serve where ordered during that time unless the President releases them earlier. No member can be kept on federal duty past the end of their commission or enlistment. If more than one State’s Guard is called, the President may split how many come from each State’s Army National Guard or Air National Guard based on the States’ populations.

Full Legal Text

Title 10, §12407

Armed Forces — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3501 and 8501 of this title, prior to repeal 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 AmendmentAmendment 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 provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12407

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73