Title 10 — Armed ForcesRelease 119-73not60
§12407 National Guard in Federal Service: Period of Service; Apportionment
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1211— NATIONAL GUARD MEMBERS IN FEDERAL SERVICE › § 12407
Summary
The President can call a State’s National Guard into federal service and set its term. They serve inside or outside U.S. for that term unless released sooner by the President; no one may be kept past enlistment or commission. If more than one State is called, the President may divide the total by state 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 3, 2026
Release point: 119-73not60