32 U.S.C. § 104 — Units: location; organization; command

submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 423 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each state, Puerto Rico, Guam, and the Virgin Islands may choose where their National Guard units are based. Army and Air National Guard units must generally be organized like the regular Army and Air Force, though a governor must approve certain changes within their state. The President has power to combine units into larger forces, assign commanding officers, and, without the President's consent, National Guard units can't be disbanded or shrunk below a set size.

(a) Each state, Puerto Rico, Guam, and the Virgin Islands may decide where to locate its National Guard's units and headquarters. (b) Unless this title says otherwise, the Army National Guard must be organized like the regular Army, and the Air National Guard must be organized like the regular Air Force. In peacetime, the Secretary of the Army may allow exceptions for the Army National Guard, and the Secretary of the Air Force may allow exceptions for the Air National Guard. (c) So that combined units can form complete larger fighting forces, the President may decide which branch or organization each state's, Puerto Rico's, the District of Columbia's, Guam's, or the Virgin Islands' National Guard units belong to. But no change to the branch, organization, or assignment of a unit based entirely within one state can happen without that state's governor approving it. (d) To keep organization and training on track, the President may assign National Guard units to divisions, wings, and other larger units, and may put Regular Army, Regular Air Force, or National Guard officers in command of them. But the commanding officer of a unit organized entirely within one state, Puerto Rico, the District of Columbia, Guam, or the Virgin Islands can't be replaced under this power. (e) To make sure the National Guard can quickly mobilize in war or emergency, the President may, in peacetime, assign a Regular Army officer to act as chief of staff for each fully organized Army National Guard division, and a Regular Air Force officer to do the same job for each fully organized Air National Guard wing. (f) Unless the President agrees: (1) A National Guard unit whose members have been paid by the United States can't be disbanded; and (2) That unit's actual number of officers or enlisted members can't be cut below the minimum size the President has set.

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

(a)

Each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands may fix the location of the units and headquarters of its National Guard.

(b)

Except as otherwise specifically provided in this title, the organization of the Army National Guard and the composition of its units shall be the same as those prescribed for the Army, subject, in time of peace, to such general exceptions as the Secretary of the Army may authorize; and the organization of the Air National Guard and the composition of its units shall be the same as those prescribed for the Air Force, subject, in time of peace, to such general exceptions as the Secretary of the Air Force may authorize.

(c)

To secure a force the units of which when combined will form complete higher tactical units, the President may designate the units of the National Guard, by branch of the Army or organization of the Air Force, to be maintained in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. However, no change in the branch, organization, or allotment of a unit located entirely within a State may be made without the approval of its governor.

(d)

To maintain appropriate organization and to assist in training and instruction, the President may assign the National Guard to divisions, wings, and other tactical units, and may detail commissioned officers of the National Guard or of the Regular Army or the Regular Air Force, as the case may be, to command those units. However, the commanding officer of a unit organized wholly within a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may not be displaced under this subsection.

(e)

To insure prompt mobilization of the National Guard in time of war or other emergency, the President may, in time of peace, detail a commissioned officer of the Regular Army to perform the duties of chief of staff for each fully organized division of the Army National Guard, and a commissioned officer of the Regular Air Force to perform the duties of the corresponding position for each fully organized wing of the Air National Guard.

(f)

Unless the President consents—

(1)

an organization of the National Guard whose members have received compensation from the United States as members of the National Guard may not be disbanded; and

(2)

the actual strength of such an organization in commissioned officers or enlisted members may not be reduced below the minimum strength prescribed by the President.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (2), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(2)–(4), Jan. 6, 2006, 119 Stat. 3441.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1988Amended · Pub. L. 100-456 · 102 Stat. 2059
2006Amended · Pub. L. 109-163 · 119 Stat. 3441

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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