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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

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 197 words · no verdicts yet

in plain englishAI-generated · not legal advice

With their consent, the President may order Army and Air National Guard commissioned officers to active duty in the National Guard Bureau. No more than 40 percent of the lower-ranked officer positions in the Bureau, for either the Army or Air Force, can be filled this way.

(a) The President may, with the officer's 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 Army National Guard officers below the rank of brigadier general who are ordered to active duty in the Bureau cannot be more than 40 percent of the Army officer positions authorized for the Bureau. As much as practical, it also cannot exceed 40 percent of the Army officers actually serving in the Bureau at any rank below brigadier general.

(2) The same 40 percent limit applies separately to Air National Guard officers below brigadier general serving in the Bureau, measured against Air Force-authorized and actually-serving officer positions.

the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2993
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 497

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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