2016 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components
Part II - Personnel Generally
Chapter 1211 - National Guard Members in Federal Service
Sec. 12406 - National Guard in Federal service: call

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Citation 10 U.S.C. § 12406 (2016)
Section Name §12406. National Guard in Federal service: call
Section Text

Whenever—

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

(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 contained in sections 3500 and 8500 of this title, prior to repeal by Pub. L. 103–337, §1662(f)(2).

AMENDMENTS

2006—Par. (1). Pub. L. 109–163 substituted "Commonwealths or possessions" for "Territories, Commonwealths, or possessions".

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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle E - Reserve Components
PART II - PERSONNEL GENERALLY
CHAPTER 1211 - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
Sec. 12406 - National Guard in Federal service: call
Contains section 12406
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 108 Stat. 2994
119 Stat. 3440
Public Law References Public Law 103-337, Public Law 109-163
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