§105 — Title 32 National Guard | U.S. Code

Summary

Requires the Secretaries of the Army and Air Force to arrange inspections of the Army National Guard and Air National Guard under rules the Secretary sets. Inspectors general or other regular commissioned officers do the inspections. They check eight things, including the amount and condition of property; how the Guard is organized; members’ fitness and other qualifications; uniforms, weapons, gear, and training for active duty or coast defense; records and accounts; deployability; and whether units and members follow federal law and policies from the Secretary of Defense, the military department, or the Chief of the National Guard Bureau. Inspection reports decide whether the Guard can be issued or keep military property, which people and groups count as Guard units and members, and which units meet deployability standards. The Chief of the National Guard Bureau may order these same inspections for the Secretaries, but only with the Army or Air Force Secretary’s approval.

Title 32, §105

National Guard — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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

Amendments

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).

§105 Inspection