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32 U.S.C. § 104 — Units: location; organization; command
Federal law — U.S. Code and appendices · legal_authorities
**(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 o
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
Members of the Space Force shall be managed through a single military personnel management system, without component.
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Federal law — U.S. Code and appendices · legal_authorities
Page 5
TITLE 32—NATIONAL GUARD
§ 104
tional security than are in the regular compo-
nents of the ground and air forces, the Army Na-
tional Guard of the United States and the Air
National Guard of the United States, or such
parts of them as are needed, together with such
units of other reserve components as are nec-
essary for a balanced force, shall be ordered to
active Federal duty and retained as long as so
needed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 597.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
102 ..........
50:921(b).
July 9, 1952, ch. 608,
§ 201(b), 66 Stat. 482.
The words ‘‘The Congress further declares * * * as ex-
pressed in the National Defense Act of 1916 as amend-
ed’’ and ‘‘It is the intent of Congress that’’ are omitted
as surplusage. The words ‘‘United States’’ are sub-
stituted for the words ‘‘our’’ and ‘‘this Nation’’. The
words ‘‘more * * * than are in’’ are substituted for the
words ‘‘in excess of those’’. The words ‘‘Federal duty’’
are substituted for the words ‘‘military service of the
United States’’. The words ‘‘as long as so needed’’ are
substituted for the words ‘‘so long as such necessity ex-
ists’’.
§ 103. Branches and organizations
The Army National Guard of each State, the
Commonwealth of Puerto Rico, the District of
Columbia, Guam, and the Virgin Islands in-
cludes such members of the staff corps cor-
responding to the staff corps of the Army as the
Secretary of the Army may authorize.
(Aug. 10, 1956, ch. 1041, 70A Stat. 597; Pub. L.
100–456, div. A, title XII, § 1234(b)(1), Sept. 29,
1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title
X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (
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