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10 U.S.C. § 12407 — National Guard in Federal service: period of service; apportionment
Federal law — U.S. Code and appendices · legal_authorities
**(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 State, 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 States affected by the call.
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Source file: Laws/federal/codes/united-states-code/title-10/section-12407-national-guard-in-federal-service-period-of-service-apportionment--9972432cab.md
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Source location: Title 10, Chapter 1211, § 12407; chapter-1211-national-guard-members-in-federal-service.md
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**(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 State, 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 States affected by the call.
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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)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** To the extent that funds are otherwise available for obligation, the head of an agency may enter into multiyear contracts for the purchase of property whenever the head of that agency finds each of the following:
(1) That the use of such a contract will result in—
(A) savings of the total anticipated costs of carrying out the program through annual contracts; or
(B) necessary defense industrial base stability not otherwise achievable through annual contracts.
(2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation.
(4) That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.
(5) That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic.
(6) In the case of a purchase by the Department of Defense, that the use of such a contract will promote the national security of the United States.
(7) In the case of a contract in an amount equal to or greater than $500,000,000, that the conditions required by subparagraphs (C) through (F) of subsection (i)(3) will be met, in accordance with the Secretary’s certification and determination under such subsection, by such contract.
**(b) Regulations.—**
(1) Each official named in paragraph (2) shall prescribe acquisition regulations for the agency or agencies under the jurisdiction o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3501
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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 3682
TITLE 10—ARMED FORCES
§ 12405
AMENDMENTS
1996—Pub. L. 104–106 inserted ‘‘the’’ in section catch-
line.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective as if included
in the Reserve Officer Personnel Management Act, title
XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see
section 1501(f)(3) of Pub. L. 104–106, set out as a note
under section 113 of this title.
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.
§ 12405. National Guard in Federal service: status
Members of the National Guard called into
Federal service are, from the time when they
are required to respond to the call, subject to
the laws and regulations governing the Army or
the Air Force, as the case may be, except those
applicable only to members of the Regular Army
or Regular Air Force, as the case may be.
(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 3499 and 8499 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.
§ 12406. National Guard in Federal service: call
Whenever—
(1) the United States, or any of the Common-
wealths or possessions, is invaded or is in dan-
ger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebel-
lion against the authority of the Government
of the United States; o
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12407
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