---
kind: "section"
citation: "10 U.S.C. § 12401"
title: "10"
title_heading: "Armed Forces"
number: "12401"
heading: "Army and Air National Guard of the United States: status"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12401"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1211 — National Guard Members in Federal Service"
---

# §12401. Army and Air National Guard of the United States: status


Members of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) and the [Air National Guard of the United States](/usc/10/101.md?p=c-5) are not in active Federal service except when ordered thereto under law.


## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3495 and 8495 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.