32 U.S.C. § 104 : US Code - Section 104: Units: location; organization; command

Search 32 U.S.C. § 104 : US Code - Section 104: Units: location; organization; command

(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.