### §105. Inspection

(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.

(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; Pub. L. 116–92, div. A, title V, §517, Dec. 20, 2019, 133 Stat. 1349; Pub. L. 117–263, div. A, title V, §514(a), Dec. 23, 2022, 136 Stat. 2565.)

| Revised section | Source (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. |

105(b)

32:15 (less 1st sentence).

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).