Public Law 76–904

That section 61 of the National Defense Act of June 3, 1916, be amended to read as follows:

Maintenance of State troops in time of peace.

“No State shall maintain troops in time of peace other than as authorized in accordance with the organization prescribed under this

Provisos.

Use of National Guard,

Act: Provided, That nothing contained in this Act shall be construed as limiting the rights of the States and Territories in the use of the National Guard within their respective borders in time of

State police, etc.

peace: Provided further, That nothing contained in this Act shall prevent the organization and maintenance of State police or

Other military forces while National Guard in active Federal service.

constabulary: Provided further, That under such regulations as the Secretary of War may prescribe for discipline in training, the organization by and maintenance within any State of such military forces other than National Guard as may be provided by the laws of such State is hereby authorized while any part of the National Guard

Forces not subject to U. S. military call.

of the State concerned is in active Federal service: Provided further, That such forces shall not be called, ordered, or in any manner drafted, as such, into the military services of the United States; however, no person shall, by reason of his membership in any such unit, be exempted from military service under any Federal law: And

Issuance of War Department equipment, etc.

provided further, That the Secretary of War in his discretion and under regulations determined by him, is authorized to issue, from time to time, for the use of such military units, to any State, upon requisition of the Governor thereof, such arms and equipment as may be in possession of and can be spared by the War Department.

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