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10 U.S.C. § 12401 — Army and Air National Guard of the United States: status
Federal law — U.S. Code and appendices · legal_authorities
Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law.
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Stable record: federal_law:legal_authorities:record_usc_3da1f876e453ffb8c3bbf4a8
Source file: Laws/federal/codes/united-states-code/title-10/section-12401-army-and-air-national-guard-of-the-united-states-status--ace4fb1da3.md
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Passage SHA-256: b7b42bf23f885cb6d1467e330d1b833b2f94ac9df73ea9942e6b6f18cc478970
Source location: Title 10, Chapter 1211, § 12401; chapter-1211-national-guard-members-in-federal-service.md
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Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Goods and Services Provided by Nontraditional Defense Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), products and services provided by nontraditional defense contractors (as that term is defined in [section 3014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3014&num=0&edition=prelim)) may be treated by the head of an agency as commercial products and commercial services, respectively, for purposes of this chapter.
**(b) Services Provided by Certain Nontraditional Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), services provided by a business unit that is a nontraditional defense contractor (as that term is defined in [section 3014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3014&num=0&edition=prelim)) shall be treated as commercial services for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.
**(c) Commingled Items Purchased by Contractors.—** Notwithstanding [section 3451(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3451/1&num=0&edition=prelim), items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract shall be treated as a commercial product for purposes of this chapt
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3457
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) **Contracts and cooperative agreements.—** — The Secretary of the Navy may enter into contracts and cooperative agreements with the Naval Academy Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Notwithstanding [section 3201(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3201/e&num=0&edition=prelim), the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to [section 3204(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a/5&num=0&edition=prelim). Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Naval Academy.
(2) **Leases.—** — The Secretary may enter into leases, in accordance with [section 2667 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667&num=0&edition=prelim), or licenses with the Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Any such lease or license shall be deemed to satisfy the conditions of [section 2667(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667/h/2&num=0&edition=prelim).
**(b) Use of Navy Personal Property by the Association.—** The Secretary may allow the Association to use, at no cost, personal property of the Department of the Navy to assist the Association in supporting the athletic and physical fitness programs of the Naval Academy.
**(c) Acceptance of Support.—**
(1) **Support received from the association.—** — Notwithstanding [section 1342
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8481
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Federal law — U.S. Code and appendices · legal_authorities
Page 3681
TITLE 10—ARMED FORCES
§ 12404
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(18)(A),
Feb. 10, 1996, 110 Stat. 497, inserted ‘‘the’’ after ‘‘Army
and Air National Guard of’’ in items 12401, 12402, 12403,
and 12404.
§ 12401. Army and Air National Guard of the
United States: status
Members of the Army National Guard of the
United States and the Air National Guard of the
United States are not in active Federal service
except when ordered thereto under law.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3495 and 8495 of this title, prior to re-
peal by Pub. L. 103–337, § 1662(f)(2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
§ 12402. Army and Air National Guard of the
United States: commissioned officers; duty in
National Guard Bureau
(a) The President may, with their consent,
order commissioned officers of the Army Na-
tional Guard of the United States and the Air
National Guard of the United States to active
duty in the National Guard Bureau.
(b)(1) The number of officers of the Army Na-
tional Guard of the United States in grades
below brigadier general who are ordered to ac-
tive duty in the National Guard Bureau may not
be more than 40 percent of the number of offi-
cers of the Army authorized for duty in that Bu-
reau and, to the extent practicable, shall not ex-
ceed 40 percent of the number of officers of the
Army serving in that Bureau in any grade below
brigadier general.
(2) The number
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12401
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