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10 U.S.C. § 12107 — Army National Guard of United States; Air National Guard of the United States: enlistment in
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must—
(1) be enlisted in the Army National Guard or the Air National Guard, as the case may be;
(2) subscribe to the oath set forth in [section 304 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section304&num=0&edition=prelim); and
(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve.
**(b)**
(1) Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.
(2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.
**(c)**
(1) A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve.
(2) A member of the Air Force Reserve who enlists in the Air Nati
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12107
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Stable record: federal_law:legal_authorities:record_usc_b4f9d63492b96fe98086f62f
Source file: Laws/federal/codes/united-states-code/title-10/section-12107-army-national-guard-of-united-states-air-national-guard-of-the-united-st--7184b5281f.md
Pages: Not recorded – Not recorded
Passage SHA-256: c3dc0b6b481422982be59de10ce08bd60fa6c9f13a5b6197446d835c1fd5bb93
Source location: Title 10, Chapter 1203, § 12107; chapter-1203-enlisted-members.md
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**(a)** Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must—
(1) be enlisted in the Army National Guard or the Air National Guard, as the case may be;
(2) subscribe to the oath set forth in [section 304 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section304&num=0&edition=prelim); and
(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve.
**(b)**
(1) Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.
(2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.
**(c)**
(1) A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve.
(2) A member of the Air Force Reserve who enlists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve.
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Federal law — U.S. Code and appendices · legal_authorities
Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath:
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 304
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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)** To become an enlisted member of a reserve component a person must be enlisted as a Reserve of an armed force and subscribe to the oath prescribed by [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section502&num=0&edition=prelim), or be transferred to that component according to law. In addition, to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, he must meet the requirements of [section 12107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12107&num=0&edition=prelim).
**(b)** Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the enlistment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be enlisted as a Reserve unless—
(1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.); or
(2) he has previously served in the armed forces or in the National Security Training Corps.
**(c)** A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be enlisted as a Reserve of any armed force under the jurisdiction of that Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the head of a covered agency may—
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
**(b) Determination and Notification.—** The head of a covered agency may exercise the authority provided in subsection (a) only after—
(1) consulting with procurement or other relevant officials of the covered agency;
(2) making a determination in writing, in unclassified or classified form, that—
(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;
(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and
(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and
(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
(A) a summary of the risk assessment that serves as the basis for the written determination required by paragraph (2); and
(B) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
**(c) Limitation on Disclosure.—** If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—
(1) no action undertaken by the agency head under such author
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3252
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presentation of Flag.—** Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, the Secretary of the Navy shall present a United States flag to the member.
**(b) Multiple Presentations Not Authorized.—** A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
**(c) No Cost to Recipient.—** The presentation of a flag under this section shall be at no cost to the recipient.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8261
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Federal law — U.S. Code and appendices · legal_authorities
Page 3644
TITLE 10—ARMED FORCES
§ 12106
Army, if transferred under subsection (a)(1), or
the Air Force, if transferred under subsection
(a)(2), if his service has been honorable.
(c) A transfer under this section may only be
made with the consent of the governor or other
appropriate authority of the State concerned.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3259 and 8259 of this title, prior to re-
peal by Pub. L. 103–337, § 1662(b)(3).
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.
§ 12106. Army and Air Force Reserve: transfer to
upon withdrawal as member of National
Guard
(a) An enlisted member of the Army National
Guard of the United States who ceases to be a
member of the Army National Guard becomes a
member of the Army Reserve unless he is also
discharged from his enlistment as a Reserve.
(b) An enlisted member of the Air National
Guard of the United States who ceases to be a
member of the Air National Guard becomes a
member of the Air Force Reserve unless he is
also discharged from his enlistment as a Re-
serve.
(c) An enlisted member who becomes a mem-
ber of the Army Reserve or the Air Force Re-
serve under this section ceases to be a member
of the Army National Guard of the United
States or the Air National Guard of the United
States, as the case may be.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section wer
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12107
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.