---
kind: "section"
citation: "10 U.S.C. § 12406"
title: "10"
title_heading: "Armed Forces"
number: "12406"
heading: "National Guard in Federal service: call"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12406"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1211 — National Guard Members in Federal Service"
---

# §12406. National Guard in Federal service: call


Whenever—

- (1) the [United States](/usc/10/101.md?p=a-1), or any of the Commonwealths or [possessions](/usc/10/101.md?p=a-3), 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](/usc/10/101.md?p=a-1); or
- (3) the President is unable with the [regular](/usc/10/101.md?p=b-12) forces to execute the laws of the [United States](/usc/10/101.md?p=a-1);

the President may call into Federal service members and units of the [National Guard](/usc/10/101.md?p=c-1) of any [State](/usc/10/18232.md?p=1) 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](/usc/10/18232.md?p=1) or, in the case of the District of Columbia, through the commanding general of the [National Guard](/usc/10/101.md?p=c-1) 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.)

## Notes

### 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”.

### Statutory Notes and Related Subsidiaries

### 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.