32-U.S.C.-105

§105 – Inspection

Pathway

Title 32 > Chapter 1 > Section 105

Details

• Reference: Section 105
• Legend: §105 – Inspection
• USCode Year: 2013

Provision Content

(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, §804(a), July 30, 1977, 91 Stat. 333; Pub. L. 102–484, div. A, title XI, §1122, Oct. 23, 1992, 106 Stat. 2540.)

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, §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).

U.S. Encyclopedia of Law Coverage

Title 32 – National Guard in the Legal Encyclopedia: National Guard

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