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§ 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
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
105(a)................................  32:15 (1st sentence).                June 3, 1916, ch. 134, Sec.  93, 39
105(b)................................  32:15 (less 1st sentence).            Stat. 206.
----------------------------------------------------------------------------------------------------------------

    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.



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