108 STAT. 2994 PUBLIC LAW 103-337—OCT. 5, 1994 President. Regulations. Repeal. "§ 12406. National Guard in Federal service: call "Whenever— "(1) the United States, or any of the Territories, Commonwealths, or possessions, is invaded or is in dsmger of invasion by a foreign nation; "(2) there is a rebeUion or danger of a rebeUion 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. "§ 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 of those jurisdictions, 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 jurisdictions affected by the call.
- '§ 12408. National Guard in Federal service: physical examination
"(a) Under regulations prescribed by the President, each member of the National Guard called into Federal service 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.". (2) Sections 3495 through 3502 and 8495 through 8502 are repealed. (g) MISCELLANEOUS PROVISIONS.— (1) Part II of subtitle E, as added by subsection (a), is further amended by adding after chapter 1211 (as added by subsection (f)) the following: "CHAPTER 1213—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES "Sec. "12501. Reserve components: detail of members of regular and reserve components to assist. "12502. Chief and assistant chief of staff of National Guard divisions and wings in Federal service: detail.
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