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Title 32 — National Guard

Chapter 1 — Organization

§ 105. Inspection

Statutory text

(a)

Under regulations prescribed by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have an inspection made by inspectors general, or by any other commissioned officers of the Regular Army or the Regular Air Force detailed for that purpose, to determine whether—

(1)

the amount and condition of property held by the Army National Guard or Air National Guard are satisfactory;

(2)

the Army National Guard or Air National Guard is organized as provided in this title;

(3)

the members of the Army National Guard or Air National Guard meet prescribed physical and other qualifications;

(4)

the Army National Guard or Air 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 or Air 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;

(7)

the units of the Army National Guard or Air National Guard meet requirements for deployment; and

(8)

the units and members of the Army National Guard or Air National Guard comply with Federal law and policy applicable to the National Guard, including policies issued by the Secretary of Defense, the Secretary of the military department concerned, or the Chief of the National Guard Bureau.

(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.

(c)

The Chief of the National Guard Bureau may have an inspection described in subsection (a) made by inspectors general, or by commissioned officers of the Army National Guard of the United States or the Air National Guard of the United States detailed for that purpose, on behalf of the Secretary of the Army or the Secretary of the Air Force. Any such inspection may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 598 · 70A Stat. 598

    Enacted · 32 U.S.C. § 105

    Aug. 10, 1956, ch. 1041, 70A Stat. 598

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 598

  2. Department of Defense Appropriation Authorization Act, 1978

    Pub. L. 95–79 title VIII § 804(a) · 91 Stat. 323

    1. Substituted · 32 U.S.C. § 105(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”

    2. Added · 32 U.S.C. § 105(a)

      Pub. L. 95–79 added cl. (6)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) Section 105(a) of title 32, United States Code, is amended— (1) by striking out “The Secretary of the Army shall have an Regulations. inspection made at least once a year” and inserting in lieu thereof “Under regulations prescribed by him. the Secretary of the Army may have an inspection made”; and (2) by striking out “and” at the end of clause (4), striking out the period at the end of clause (5) and inserting in lieu thereof “; and”, and inserting after clause. (5) the following new clause: “(6) the accounts and records of each property and fiscal officer are properly maintained.”.

  3. Army National Guard Combat Readiness Reform Act of 1992

    Pub. L. 102–484 § 1122(1) · 106 Stat. 2315

    1. Substituted · 32 U.S.C. § 105(a)

      Pub. L. 102–484, § 1122(1), substituted “shall” for “may” in introductory provisions

    2. Added · 32 U.S.C. § 105(a)

      Pub. L. 102–484, § 1122(1), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–484, § 1122(1), substituted “shall” for “may” in introductory provisions and added par. (7).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out “may” in the matter preceding paragraph (1) and inserting in lieu thereof “shall”; (B) by striking out “and” at the end of paragraph (5); (C) by striking out the period at the end of paragraph (6) and inserting in lieu thereof “; and”; and (D) by inserting after paragraph (6) the following: “(7) the units of the Army National Guard meet requirements for deployment.”; and

  4. Army National Guard Combat Readiness Reform Act of 1992

    Pub. L. 102–484 § 1122(2) · 106 Stat. 2315

    Inserted · 32 U.S.C. § 105(b)

    Pub. L. 102–484, § 1122(2), inserted before period at end “; and for determining which units of the National Guard meet deployability standards”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–484, § 1122(2), inserted before period at end “; and for determining which units of the National Guard meet deployability standards”.

    Enacted provision · exact public law section
    (2) in subsection (b), by inserting and for determining which units of the National Guard meet deployability standards” before the period.

  5. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 517(a) · 133 Stat. 1198

    1. Substituted · 32 U.S.C. § 105(a)

      Pub. L. 116–92, § 517(a), in introductory provisions, substituted “by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have” for “by him, the Secretary of the Army shall have”

    2. Substituted · 32 U.S.C. § 105(a)

      Pub. L. 116–92, § 517(a), in introductory provisions, substituted “the Regular Army or the Regular Air Force” for “the Regular Army”

    3. Struck · 32 U.S.C. § 105(a)

      Pub. L. 116–92, § 517(a), in introductory provisions, struck out “, if necessary,” after “inspectors general, or”; in pars. (1) to (5) and (7)

    4. Substituted · 32 U.S.C. § 105(a)

      Pub. L. 116–92, § 517(a), in introductory provisions, substituted “Army National Guard or Air National Guard” for “Army National Guard”;

    5. Struck · 32 U.S.C. § 105(a)

      Pub. L. 116–92, § 517(a), in introductory provisions, struck out concluding provisions which read as follows: “The Secretary of the Air Force has a similar duty with respect to the Air National Guard.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–92, § 517(a), in introductory provisions, substituted “by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have” for “by him, the Secretary of the Army shall have” and “the Regular Army or the Regular Air Force” for “the Regular Army” and struck out “, if necessary,” after “inspectors general, or”; in pars. (1) to (5) and (7), substituted “Army National Guard or Air National Guard” for “Army National Guard”; and struck out concluding provisions which read as follows: “The Secretary of the Air Force has a similar duty with respect to the Air National Guard.”

    Enacted provision · exact public law section
    (a) Modernization of Inspection Authorities of Secretaries of the Army and Air Force.— Subsection (a) of section 105 of title 32, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by striking “by him, the Secretary of the Army shall have” and inserting “by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have”; (B) by striking “, if necessary,”; and (C) by striking “the Regular Army” and inserting “the Regular Army or the Regular Air Force”; (2) by striking “Army National Guard” each place it appears and inserting “Army National Guard or Air National Guard”; and (3) by striking the flush matter following paragraph (7).

  6. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 517(b) · 133 Stat. 1198

    Added · 32 U.S.C. § 105(c)

    Pub. L. 116–92, § 517(b), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–92, § 517(b), added subsec. (c).

    Enacted provision · exact public law section
    (b) Inspection Authority of Chief of the National Guard Bureau on Behalf of Secretaries.— Such section is further amended by adding at the end the following new subsection: “(c) The Chief of the National Guard Bureau may have an inspection described in subsection (a) made by inspectors general, or by commissioned officers of the Army National Guard of the United States or the Air National Guard of the United States detailed for that purpose, on behalf of the Secretary of the Army or the Secretary of the Air Force. Any such inspection may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable.” .

  7. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title V § 514(a) · 136 Stat. 2395

    Added · 32 U.S.C. § 105(a)(8)

    Pub. L. 117–263 added par. (8)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 117–263 added par. (8).

    Enacted provision · exact public law section
    (a) Element.— Subsection (a) of section 105 of title 32, United States Code, is amended— (1) in paragraph (6), by striking “; and” and inserting a semicolon; (2) in paragraph (7), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(8) the units and members of the Army National Guard or Air National Guard comply with Federal law and policy applicable to the National Guard, including policies issued by the Secretary of Defense, the Secretary of the military department concerned, or the Chief of the National Guard Bureau.” .

12 of 13 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
105(a)105(b)32:15 (1st sentence).32:15 (less 1st sentence).June 3, 1916, ch. 134, § 93, 39 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.

Editorial Notes

Amendments1977–2022 · 4 rounds

2022

Subsec. (a)(8). Pub. L. 117–263 added par. (8).

2019

Subsec. (a). Pub. L. 116–92, § 517(a), in introductory provisions, substituted “by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have” for “by him, the Secretary of the Army shall have” and “the Regular Army or the Regular Air Force” for “the Regular Army” and struck out “, if necessary,” after “inspectors general, or”; in pars. (1) to (5) and (7), substituted “Army National Guard or Air National Guard” for “Army National Guard”; and struck out concluding provisions which read as follows: “The Secretary of the Air Force has a similar duty with respect to the Air National Guard.”

Subsec. (c). Pub. L. 116–92, § 517(b), added subsec. (c).

1992

Subsec. (a). Pub. L. 102–484, § 1122(1), substituted “shall” for “may” in introductory provisions and added par. (7).

Subsec. (b). Pub. L. 102–484, § 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).

Credits

1956–2022 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 598
  2. 1977Pub. L. 95–79, title VIII, § 804(a), , 91 Stat. 333
  3. 1992Pub. L. 102–484, div. A, title XI, § 1122, , 106 Stat. 2540
  4. 2019Pub. L. 116–92, div. A, title V, § 517, , 133 Stat. 1349
  5. 2022Pub. L. 117–263, div. A, title V, § 514(a), , 136 Stat. 2565.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 95–79, title VIII, § 804(a), , 91 Stat. 333; Pub. L. 102–484, div. A, title XI, § 1122, , 106 Stat. 2540; Pub. L. 116–92, div. A, title V, § 517, , 133 Stat. 1349; Pub. L. 117–263, div. A, title V, § 514(a), , 136 Stat. 2565.)

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USLM identifier /us/usc/t32/s105