PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2993 "12404. Army and Air National Guard of United States: mobilization; maintenance of organization. "12405. NationalGuard in Federal service: status. "12406. National Guard in Federal service: call. "12407. National Guard in Federal service: period of service; apportionment. "12408. National Guard in Federal service: physical examination. '*§ 12401. Army and Air National Guard of the United States: status "Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law. "§12402. Army and Air National Guard of 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. "§12403. Army and Air National Guard of United States: members; status in which ordered into Federal service "Members of the Army National Guard of the United States ordered to active duty shall be ordered to duty as Reserves of the Army. Members of the Air National Guard of the United States ordered to active duty shall be ordered to duty as Reserves of the Air Force. "§12404. Army and Air National Guard of United States: mobilization; maintenance of organization "During an initial mobilization, the organization of a unit of the Army National Guard of the United States or of the Air National Guard of the United States ordered into active Federal service shall, so far as practicable, be maintained as it existed on the date of the order to duty. "§ 12405. National Guard in Federal service: status "Members of the National Guard called into Federal service are, from the time when they are required to respond to the call, subject to the laws and regulations governing the Army or the Air Force, as the case may be, except those applicable only to members of the Regular Army or Regular Air Force, as the case maybe.
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