
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12402]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
         CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
 
Sec. 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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(f)(1), Oct. 5, 
1994, 108 Stat. 2993; amended Pub. L. 104-106, div. A, title XV, 
Sec. 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3496 and 8496 of this title, prior to repeal by Pub. L. 103-
337, Sec. 1662(f)(2).


                               Amendments

    1996--Pub. L. 104-106 inserted ``the'' in section catchline.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 523, 641, 10507 of this 
title; title 32 section 107; title 37 section 204.
