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10 U.S.C. § 12402 — Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 National 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 National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Army authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Army serving in that Bureau in any grade below brigadier general. (2) The number of officers of the Air National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Air Force authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Air Force serving in that Bureau in any grade below brigadier general.

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Source file: Laws/federal/codes/united-states-code/title-10/section-12402-army-and-air-national-guard-of-the-united-states-commissioned-officers-d--acf218b9e8.md
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Source location: Title 10, Chapter 1211, § 12402; chapter-1211-national-guard-members-in-federal-service.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(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

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 107 — Availability of appropriations

**(a)** Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for— (1) the necessary expenses of members of a regular or reserve component of the Army or the Air Force traveling on duty in connection with the National Guard; (2) the necessary expenses of members of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army Staff or the Air Staff, traveling to and from annual conventions of the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States, or the Adjutants General Association; (3) the transportation of supplies furnished to the National Guard as permanent equipment; (4) the office rent and necessary office expenses of officers of a regular or reserve component of the Army or the Air Force on duty with the National Guard; (5) the expenses of the National Guard Bureau, including clerical services; (6) the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges; (7) such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and (8) other expenses of the National Guard authorized by law. **(b)** The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands. Payable expenses include allowances for subsistence and housing under sections 402 and 403 of title 37 and expens

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12402 — Army and Air National Guard of the

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

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