---
kind: "section"
citation: "10 U.S.C. § 12402"
title: "10"
title_heading: "Armed Forces"
number: "12402"
heading: "Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12402"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1211 — National Guard Members in Federal Service"
---

# §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](/usc/10/101.md?p=b-2) 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) to [active duty](/usc/10/101.md?p=d-1) in the [National Guard](/usc/10/101.md?p=c-1) Bureau.
- (b)
  - (1) The number of [officers](/usc/10/101.md?p=b-1) of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) in [grades](/usc/10/101.md?p=b-7) below brigadier general who are ordered to [active duty](/usc/10/101.md?p=d-1) in the [National Guard](/usc/10/101.md?p=c-1) Bureau may not be more than 40 percent of the number of [officers](/usc/10/101.md?p=b-1) of the Army authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of [officers](/usc/10/101.md?p=b-1) of the Army serving in that Bureau in any [grade](/usc/10/101.md?p=b-7) below brigadier general.
  - (2) The number of [officers](/usc/10/101.md?p=b-1) of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) in [grades](/usc/10/101.md?p=b-7) below brigadier general who are ordered to [active duty](/usc/10/101.md?p=d-1) in the [National Guard](/usc/10/101.md?p=c-1) Bureau may not be more than 40 percent of the number of [officers](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) of the Air Force serving in that Bureau in any [grade](/usc/10/101.md?p=b-7) 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.)

## Notes

### Editorial Notes

### 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, § 1662(f)(2).

### Amendments

1996—Pub. L. 104–106 inserted “the” in section catchline.

### Statutory Notes and Related Subsidiaries

### 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.

### 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.