A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (Added Pub. L. 117–81, div. A, title V, § 512(a) , Dec. 27, 2021 , 135 Stat. 1682 .) Editorial Notes Prior Provisions A prior section 329, act Aug. 10, 1956, ch. 1041, 70A Stat. 608 , which related to summary courts-martial of National Guard not in Federal service, was repealed by Pub. L. 107–314, div. A, title V, § 512(c)(1) , Dec. 2, 2002 , 116 Stat. 2537 .