§ 105. — Inspection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC105]
TITLE 32--NATIONAL GUARD
CHAPTER 1--ORGANIZATION
Sec. 105. Inspection
(a) Under regulations prescribed by him, the Secretary of the Army
shall have an inspection made by inspectors general, or, if necessary,
by any other commissioned officers of the Regular Army detailed for that
purpose, to determine whether--
(1) the amount and condition of property held by the Army
National Guard are satisfactory;
(2) the Army National Guard is organized as provided in this
title;
(3) the members of the Army National Guard meet prescribed
physical and other qualifications;
(4) the Army National Guard and its organization are properly
uniformed, armed, and equipped and are being trained and instructed
for active duty in the field, or for coast defense;
(5) Army National Guard records are being kept in accordance
with this title;
(6) the accounts and records of each property and fiscal officer
are properly maintained; and
(7) the units of the Army National Guard meet requirements for
deployment.
The Secretary of the Air Force has a similar duty with respect to the
Air National Guard.
(b) The reports of inspections under subsection (a) are the basis
for determining whether the National Guard is entitled to the issue of
military property as authorized under this title and to retain that
property; and for determining which organizations and persons constitute
units and members of the National Guard; and for determining which units
of the National Guard meet deployability standards.
(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 95-79, title VIII,
Sec. 804(a), July 30, 1977, 91 Stat. 333; Pub. L. 102-484, div. A, title
XI, Sec. 1122, Oct. 23, 1992, 106 Stat. 2540.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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105(a)................................ 32:15 (1st sentence). June 3, 1916, ch. 134, Sec. 93, 39
105(b)................................ 32:15 (less 1st sentence). Stat. 206.
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In subsection (a), the word ``commissioned'' is inserted, since
32:15 historically applied only to commissioned officers (see opinion of
the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)).
In subsection (a)(2), the words ``provided in this title'' are
substituted for the words ``hereinbefore prescribed''.
In subsection (a)(4), the words ``the Army National Guard and its
organizations'' are substituted for the words ``the organization and the
officers and enlisted men thereof''. The word ``uniformed'' is omitted
as covered by the word ``equipped''.
In subsection (b), the words ``under subsection (a)'' are
substituted for the word ``such''. The words ``units and members'' are
substituted for the word ``parts''. The words ``within the meaning of
this title'' are omitted as surplusage.
Amendments
1992--Subsec. (a). Pub. L. 102-484, Sec. 1122(1), substituted
``shall'' for ``may'' in introductory provisions and added par. (7).
Subsec. (b). Pub. L. 102-484, Sec. 1122(2), inserted before period
at end ``; and for determining which units of the National Guard meet
deployability standards''.
1977--Subsec. (a). Pub. L. 95-79 substituted ``Under regulations
prescribed by him, the Secretary of the Army may have an inspection
made'' for ``The Secretary of the Army shall have an inspection made at
least once a year'' and added cl. (6).
Section Referred to in Other Sections
This section is referred to in title 10 section 10542.
