US (United States) Code. Title 32. Chapter 7: Service, supply and procurement

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # National Guard

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-CITE-

32 USC CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-MISC1-

Sec.

701. Uniforms, arms, and equipment to be same as Army or

Air Force.

702. Issue of supplies.

703. Purchases of supplies by States from Army or Air

Force.

704. Accountability: relief from upon order to active duty.

705. Purchase of uniforms and equipment by officers of

National Guard from Army or Air Force.

706. Return of arms and equipment upon relief from Federal

service.

707. Use of public buildings for offices by instructors.

708. Property and fiscal officers.

709. Technicians: employment, use, status.

710. Accountability for property issued to the National

Guard.

711. Disposition of obsolete or condemned property.

712. Disposition of proceeds of condemned stores issued to

National Guard.

713. Official mail: free transmission.

714. Final settlement of accounts: deceased members.

715. Property loss; personal injury or death: activities

under certain sections of this title.

716. Claims for overpayment of pay and allowances, and

travel and transportation allowances.

AMENDMENTS

1985 - Pub. L. 99-224, Sec. 3(b), Dec. 28, 1985, 99 Stat. 1742,

substituted "and travel" for "other than travel" in item 716.

1980 - Pub. L. 96-328, Sec. 1(b)(2), Aug. 8, 1980, 94 Stat. 1027,

substituted "Accountability for property issued to the National

Guard" for "Reports of survey" in item 710.

1972 - Pub. L. 92-453, Sec. 2(2), Oct. 2, 1972, 86 Stat. 759,

added item 716.

1968 - Pub. L. 90-486, Sec. 2(2), Aug. 13, 1968, 82 Stat. 756,

substituted "Technicians: employment, use status" for "Caretakers

and clerks" in item 709.

1960 - Pub. L. 86-740, Sec. 1(2), Sept. 13, 1960, 74 Stat. 879,

added item 715.

1958 - Pub. L. 85-861, Sec. 2(13), Sept. 2, 1958, 72 Stat. 1546,

added item 714.

-End-

-CITE-

32 USC Sec. 701 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 701. Uniforms, arms, and equipment to be same as Army or Air

Force

-STATUTE-

So far as practicable, the same types of uniforms, arms, and

equipment as are issued to the Army shall be issued to the Army

National Guard, and the same types of uniforms, arms, and equipment

as are issued to the Air Force shall be issued to the Air National

Guard.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 612.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

701 32:31. June 3, 1916, ch. 134,

Sec. 82; restated June

15, 1933, ch. 87, Sec.

17, 48 Stat. 160.

--------------------------------------------------------------------

The words "shall be issued" are substituted for the words "shall

* * * be uniformed, armed, and equipped with". The words "as are

issued" are substituted for the words "as are or shall be

provided". The word "Army" is substituted for the words "Regular

Army", since the Army is the category to which uniforms, arms, and

equipment are issued, and the Regular Army is a personnel category

only. Similarly, the words "Air Force" are used instead of the

words "Regular Air Force".

-End-

-CITE-

32 USC Sec. 702 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 702. Issue of supplies

-STATUTE-

(a) Under such regulations as the President may prescribe, the

Secretary of the Army and the Secretary of the Air Force may buy or

manufacture and, upon requisition of the governor of any State or

Territory or Puerto Rico or the commanding general of the National

Guard of the District of Columbia, issue to its Army National Guard

and Air National Guard, respectively, the supplies necessary to

uniform, arm, and equip that Army National Guard or Air National

Guard for field duty.

(b) Whenever the Secretary concerned is satisfied that the Army

National Guard or the Air National Guard, as the case may be, of

any State or Territory, Puerto Rico, or the District of Columbia is

properly organized, armed, and equipped for field duty, funds

allotted to that jurisdiction for its Army National Guard or Air

National Guard may be used to buy any article issued by the Army or

the Air Force, as the case may be.

(c) Under such regulations as the President may prescribe, the

issue of new types of equipment, small arms, or field guns to the

National Guard of any State or Territory, Puerto Rico, or the

District of Columbia shall be without charge against appropriations

for the National Guard.

(d) No property may be issued to the National Guard of a State or

Territory, Puerto Rico, or the District of Columbia, unless that

jurisdiction makes provision, satisfactory to the Secretary

concerned, for its protection and care.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 612; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), (4), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

702(a) 32:33 (less provisos). June 3, 1916, ch. 134,

Secs. 83, 84, 39 Stat.

203, 204.

702(b)

702(c)

702(d)

32:33 (last proviso).

32:35.

32:33 (1st proviso).

--------------------------------------------------------------------

In subsection (a), the word "supplies" is substituted for the

detailed description of stores, material, and equipment, since

under section 101(12) of this title, "supplies" includes stores,

material, and equipment. The words "may buy or manufacture" are

substituted for the words "is authorized to procure * * * by

purchase or manufacture". The words "within the limits of available

appropriations made by Congress" and "from time to time" are

omitted as surplusage.

In subsection (b), the words "the Secretary concerned is

satisfied" are substituted for the words "it shall be shown to the

satisfaction of the Secretary of the Army". The words "buy any

article issued by the Army or the Air Force" are substituted for

the words "purchase, from the Department of the Army, of any

article issued by any of the supply departments of the Army".

In subsection (c), the words "the issue of" are substituted for

the words "whenever * * * shall have been issued * * * shall be

furnished". The words "shall be without charge" are substituted for

the words "without charging the cost or value thereof or any

expense connected therewith". The words "provided for the support"

are omitted as surplusage.

In subsection (d), the words "No property may be issued to * * *

unless that jurisdiction" are substituted for the words "Provided,

That as a condition precedent to the issue of any property as

provided for by this title" and "desiring such issue".

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-456, Sec. 1234(b)(4), substituted

"Territory or Puerto Rico" for "Territory, Puerto Rico, or the

Canal Zone,".

Subsecs. (b) to (d). Pub. L. 100-456, Sec. 1234(b)(1), struck out

"the Canal Zone," after "Puerto Rico,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 18502.

-End-

-CITE-

32 USC Sec. 703 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 703. Purchases of supplies by States from Army or Air Force

-STATUTE-

(a) Subject to the approval of the Secretary of the Army, any

State or Territory, Puerto Rico, or the District of Columbia may

buy from the Department of the Army, for its National Guard or the

officers thereof, supplies and military publications furnished to

the Army, in addition to other supplies issued to its Army National

Guard. On the same basis, it may buy similar property from the

Department of the Air Force. A purchase under this subsection shall

be for cash, at cost plus transportation.

(b) In time of actual or threatened war, the United States may

requisition for military use any property bought under subsection

(a). Credit for the return in kind of property so requisitioned

shall be given to the State or Territory, Puerto Rico, or the

District of Columbia from which it is received.

(c) Proceeds of sales by the Department of the Army and the

Department of the Air Force under this section shall be credited to

the appropriations from which the property was purchased, shall not

be covered into the Treasury, and may be used to replace property

sold under this section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 613; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

703(a) 32:39 (1st sentence). June 3, 1916, ch. 134,

Sec. 86, 39 Stat. 204.

703(b)

703(c)

32:39 (proviso of last

sentence).

32:39a.

32:39 (less 1st sentence,

and less proviso of last

sentence).

June 23, 1910, ch. 370,

36 Stat. 603.

--------------------------------------------------------------------

In subsection (a), the words "stores * * * materiel" are omitted

as covered by the word "supplies". The words "other supplies

issued" are substituted for the words "those issued under the

provisions of this title". The words "at cost plus transportation"

are substituted for the words "at the price at which they shall be

listed to the Army, with cost of transportation added".

In subsection (b), 32:39a (less last 23 words) is omitted as

obsolete and superseded by 32:39 (proviso of last sentence). The

Act of June 23, 1910, ch. 370 (less proviso), not contained in

32:39a, is omitted from the revised section as executed. The words

"bought under subsection (a)" are substituted for the words "so

purchased". The words "for military use" are substituted for the

words "for use in the military service thereof". The words "and

when so requisitioned by the United States and delivered" and

"ultimate" are omitted as surplusage.

In subsection (c), the words "Proceeds of sales by the Department

of the Army and the Department of the Air Force under this section"

are substituted for the words "The funds received from such sale".

The words "from which the property was purchased" are substituted

for the words "to which they shall belong". The words "may be used

to replace property sold under this section" are substituted for

the words "shall be available until expended to replace therewith

the supplies sold to the States in the manner herein authorized".

AMENDMENTS

1988 - Subsecs. (a), (b). Pub. L. 100-456 struck out "the Canal

Zone," after "Puerto Rico,".

-End-

-CITE-

32 USC Sec. 704 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 704. Accountability: relief from upon order to active duty

-STATUTE-

Upon ordering any part of the Army National Guard of the United

States or the Air National Guard of the United States to active

duty, the President may, upon such terms as he may prescribe,

relieve the State or Territory, Puerto Rico, or the District of

Columbia, whichever is concerned, of accountability for property of

the United States previously issued to it for the use of that part.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 613; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

704 50:1121. July 9, 1952, ch. 608,

Sec. 711, 66 Stat. 504.

--------------------------------------------------------------------

The words "to active duty" are substituted for the words "into

the active military service of the United States". The word

"conditions" is omitted as covered by the word "terms". The word

"previously" is substituted for the word "theretofore". The word

"liability" is omitted as covered by the word "accountability". The

words "that part" are substituted for the words "such portion of

the National Guard of the United States or of the Air National

Guard of the United States".

AMENDMENTS

1988 - Pub. L. 100-456 struck out "the Canal Zone," after "Puerto

Rico,".

-End-

-CITE-

32 USC Sec. 705 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 705. Purchase of uniforms and equipment by officers of

National Guard from Army or Air Force

-STATUTE-

Officers of the Army National Guard not in Federal service may

buy articles of individual clothing and equipment from the

Department of the Army, under such regulations as the Secretary of

the Army may prescribe. On the same basis, officers of the Air

National Guard not in Federal service may buy those items from the

Department of the Air Force. Purchases under this section shall be

for cash, at average current costs, including overhead, as

determined by the Secretary concerned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 613.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

705 32:156. June 3, 1916, ch. 134,

Sec. 109; restated June

4, 1920, ch. 227, subch.

1, Sec. 47; restated

June 3, 1924, ch. 244,

Sec. 3; restated Oct.

14, 1940, ch. 875, Sec.

3, 54 Stat. 1136; Mar.

25, 1948, ch. 157, Sec.

5(b), 62 Stat. 91; Oct.

12, 1949, ch. 681, Sec.

501(f)(2) and (3) (as

applicable to Sec. 109

of the Act of June 3,

1916, ch. 134), 63 Stat.

827; July 9, 1952, ch.

608, Sec. 803 (12th

par.), 66 Stat. 505.

--------------------------------------------------------------------

The reference to 10:1106 is omitted, since that section related

only to sales of uniforms and equipment to cadets at the United

States Military Academy. The reference to 10:904 is omitted as

covered by the language of the revised section. The words "at

average current costs, including overhead, as determined by the

Secretary concerned" are inserted to reflect sections 4621 and 9621

of title 10, which apply to all sales of individual clothing and

equipment. The words "articles of individual clothing and

equipment" are substituted for the words "uniforms, accouterments,

and equipment". The words "active and inactive", "on proper

identification", and "rules and" are omitted as surplusage.

-End-

-CITE-

32 USC Sec. 706 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 706. Return of arms and equipment upon relief from Federal

service

-STATUTE-

So far as practicable, whenever units, organizations, or members

of the National Guard are returned to their National Guard status

under section 325(b) of this title, arms and equipment that the

Secretary concerned determines are sufficient to accomplish their

peacetime mission shall be returned with them.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 613.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

706 50:1122(b) (last 17 July 9, 1952, ch. 608,

words.) Sec. 712(b) (last 17

words), 66 Stat. 504.

--------------------------------------------------------------------

The words "So far as practicable" are inserted, since sufficient

arms and equipment might not be available.

-End-

-CITE-

32 USC Sec. 707 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 707. Use of public buildings for offices by instructors

-STATUTE-

Whenever practicable, instructors of the National Guard shall use

State armories or other public buildings for offices.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 614.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

707 32:74. May 12, 1917, ch. 12

(10th proviso under

"National Guard"), 40

Stat. 68.

--------------------------------------------------------------------

The word "instructors" is substituted for the words

"inspector-instructors", since there are no longer any

"inspector-instructors".

-End-

-CITE-

32 USC Sec. 708 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 708. Property and fiscal officers

-STATUTE-

(a) The Governor of each State or Territory and Puerto Rico, and

the commanding general of the National Guard of the District of

Columbia, shall appoint, designate or detail, subject to the

approval of the Secretary of the Army and the Secretary of the Air

Force, a qualified commissioned officer of the National Guard of

that jurisdiction who is also a commissioned officer of the Army

National Guard of the United States or the Air National Guard of

the United States, as the case may be, to be the property and

fiscal officer of that jurisdiction. If the officer is not on

active duty, the President may order him to active duty, with his

consent, to serve as a property and fiscal officer.

(b) Each property and fiscal officer shall -

(1) receipt and account for all funds and property of the

United States in the possession of the National Guard for which

he is property and fiscal officer; and

(2) make returns and reports concerning those funds and that

property, as required by the Secretary concerned.

(c) When he ceases to hold that assignment, a property and fiscal

officer resumes his status as an officer of the National Guard.

(d) The Secretaries shall prescribe a maximum grade, commensurate

with the functions and responsibilities of the office, but not

above colonel, for the property and fiscal officer of the United

States for the National Guard of each State or Territory, Puerto

Rico, and the District of Columbia.

(e) The Secretary of the Army and the Secretary of the Air Force

shall prescribe joint regulations necessary to carry out

subsections (a)-(d).

(f) A property and fiscal officer may intrust money to an officer

of the National Guard to make disbursements as his agent. Both the

officer to whom money is intrusted, and the property and disbursing

officer intrusting the money to him, are pecuniarily responsible

for that money to the United States. The agent officer is subject,

for misconduct as an agent, to the liabilities and penalties

prescribed by law in like cases for the property and fiscal officer

for whom he is acting.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 614; Pub. L. 92-310, title II,

Sec. 207, June 6, 1972, 86 Stat. 203; Pub. L. 95-79, title VIII,

Sec. 804(b), July 30, 1977, 91 Stat. 333; Pub. L. 96-513, title V,

Sec. 515(4), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L.

101-189, div. A, title VI, Sec. 653(g), Nov. 29, 1989, 103 Stat.

1463.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

708(a) 32:49 (last sentence; and June 3, 1916, ch. 134,

2d sentence, less last 24 Sec. 67 (last par.), 39

words). Stat. 200; July 9, 1918,

ch. 143, subch. III

(last par.); restated

July 6, 1954, ch. 462,

58 Stat. 451.

708(b)

708(c)

708(d)

708(e)

32:49 (3d and 4th

sentences).

32:49 (last 24 words of

2d sentence).

32:49 (5th and 6th

sentences).

32:49 (last sentence,

less 1st 18 words).

June 3, 1924, ch. 244,

Sec. 5, 43 Stat. 365;

July 6, 1954, ch. 462,

68 Stat. 451.

708(f) 32:49 (1st 18 words of

last sentence).

708(g) 32:50.

--------------------------------------------------------------------

In subsection (b)(1), the words "the duties of that assignment"

are substituted for the words "his duties as property and fiscal

officer". The words "be required to" are omitted as surplusage.

In subsection (b)(2), the words "of the National Guard for which

he is property and fiscal officer" are substituted for the words

"of the National Guard or Air National Guard of the State,

Territory, or District of Columbia".

In subsection (c), 32:49 (5th sentence) is omitted, since the

officer concerned would be entitled, under section 201 of the

Career Compensation Act of 1949 (37 U.S.C. 232), to the pay and

allowances of the grade in which he is serving.

In subsection (e), the words "The Secretaries shall prescribe"

are substituted for the words "which rules and regulations shall

establish". The word "duties" is omitted as surplusage.

In subsection (f), the words "rules and" and "the provisions of"

are omitted as surplusage.

In subsection (g), the words "Under such regulations as may be

prescribed by the Secretary of the Army" are omitted, since the

Secretary has inherent authority to issue regulations appropriate

to exercising his statutory functions. The words "an officer" are

substituted for the words "other officers", since, under revised

subsection (a), the property and fiscal officer is not required to

be an officer of the National Guard. The words "accountable for

public moneys" and "as agent" are omitted as surplusage.

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-189 substituted "The Governor of

each State or Territory and Puerto Rico" for "The governor of each

State and Territory, Puerto Rico, and the Canal Zone".

1988 - Subsec. (d). Pub. L. 100-456 struck out "the Canal Zone,"

after "Puerto Rico,".

1980 - Subsec. (b). Pub. L. 96-513 redesignated pars. (2) and (3)

as (1) and (2), respectively.

1977 - Subsec. (d). Pub. L. 95-79, Sec. 804(b)(1), (2),

redesignated subsec. (e) as (d). Former subsec. (d), which

authorized inspections at least once a year by Inspectors General

of the departments concerned, was struck out.

Subsec. (e). Pub. L. 95-79, Sec. 804(b)(2), (3), redesignated

subsec. (f) as (e) and substituted "(d)" for "(e)". Former subsec.

(e) redesignated (d).

Subsecs. (f), (g). Pub. L. 95-79, Sec. 804(b)(2), redesignated

subsecs. (f) and (g) as (e) and (f), respectively.

1972 - Subsec. (b)(1). Pub. L. 92-310 repealed provisions which

related to the bond required of property and fiscal officers.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 101, 523, 641,

771a, 10503, 12011, 12647.

-End-

-CITE-

32 USC Sec. 709 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 709. Technicians: employment, use, status

-STATUTE-

(a) Under regulations prescribed by the Secretary of the Army or

the Secretary of the Air Force, as the case may be, and subject to

subsections (b) and (c), persons may be employed as technicians in

-

(1) the administration and training of the National Guard; and

(2) the maintenance and repair of supplies issued to the

National Guard or the armed forces.

(b) Except as authorized in subsection (c), a person employed

under subsection (a) must meet each of the following requirements:

(1) Be a military technician (dual status) as defined in

section 10216(a) of title 10.

(2) Be a member of the National Guard.

(3) Hold the military grade specified by the Secretary

concerned for that position.

(4) While performing duties as a military technician (dual

status), wear the uniform appropriate for the member's grade and

component of the armed forces.

(c)(1) A person may be employed under subsection (a) as a

non-dual status technician (as defined by section 10217 of title

10) if the technician position occupied by the person has been

designated by the Secretary concerned to be filled only by a

non-dual status technician.

(2) The total number of non-dual status technicians in the

National Guard is specified in section 10217(c)(2) of title 10.

(d) The Secretary concerned shall designate the adjutants general

referred to in section 314 of this title to employ and administer

the technicians authorized by this section.

(e) A technician employed under subsection (a) is an employee of

the Department of the Army or the Department of the Air Force, as

the case may be, and an employee of the United States. However, a

position authorized by this section is outside the competitive

service if the technician employed in that position is required

under subsection (b) to be a member of the National Guard.

(f) Notwithstanding any other provision of law and under

regulations prescribed by the Secretary concerned -

(1) a person employed under subsection (a) who is a military

technician (dual status) and otherwise subject to the

requirements of subsection (b) who -

(A) is separated from the National Guard or ceases to hold

the military grade specified by the Secretary concerned for

that position shall be promptly separated from military

technician (dual status) employment by the adjutant general of

the jurisdiction concerned; and

(B) fails to meet the military security standards established

by the Secretary concerned for a member of a reserve component

under his jurisdiction may be separated from employment as a

military technician (dual status) and concurrently discharged

from the National Guard by the adjutant general of the

jurisdiction concerned;

(2) a technician may, at any time, be separated from his

technician employment for cause by the adjutant general of the

jurisdiction concerned;

(3) a reduction in force, removal, or an adverse action

involving discharge from technician employment, suspension,

furlough without pay, or reduction in rank or compensation shall

be accomplished by the adjutant general of the jurisdiction

concerned;

(4) a right of appeal which may exist with respect to paragraph

(1), (2), or (3) shall not extend beyond the adjutant general of

the jurisdiction concerned; and

(5) a technician shall be notified in writing of the

termination of his employment as a technician and, unless the

technician is serving under a temporary appointment, is serving

in a trial or probationary period, or has voluntarily ceased to

be a member of the National Guard when such membership is a

condition of employment, such notification shall be given at

least 30 days before the termination date of such employment.

(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not apply

to a person employed under this section.

(h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or

any other provision of law, the Secretary concerned may prescribe

the hours of duty for technicians. Notwithstanding sections 5542

and 5543 of title 5 or any other provision of law, such technicians

shall be granted an amount of compensatory time off from their

scheduled tour of duty equal to the amount of any time spent by

them in irregular or overtime work, and shall not be entitled to

compensation for such work.

(i) The Secretary concerned may not prescribe for purposes of

eligibility for Federal recognition under section 301 of this title

a qualification applicable to technicians employed under subsection

(a) that is not applicable pursuant to that section to the other

members of the National Guard in the same grade, branch, position,

and type of unit or organization involved.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 614; Pub. L. 87-224, Sec. 2,

Sept. 13, 1961, 75 Stat. 496; Pub. L. 90-486, Sec. 2(1), Aug. 13,

1968, 82 Stat. 755; Pub. L. 92-119, Sec. 2, Aug. 13, 1971, 85 Stat.

340; Pub. L. 96-513, title V, Sec. 515(5)-(7), Dec. 12, 1980, 94

Stat. 2937; Pub. L. 103-160, div. A, title V, Secs. 523(a), 524(c),

(d), Nov. 30, 1993, 107 Stat. 1656, 1657; Pub. L. 103-337, div. A,

title X, Sec. 1070(b)(2), (d)(5), Oct. 5, 1994, 108 Stat. 2856,

2858; Pub. L. 104-106, div. A, title X, Sec. 1038(a), Feb. 10,

1996, 110 Stat. 432; Pub. L. 105-85, div. A, title V, Sec. 522(c),

Nov. 18, 1997, 111 Stat. 1735; Pub. L. 106-65, div. A, title V,

Sec. 524, Oct. 5, 1999, 113 Stat. 599.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

709(a) 32:42 (1st par.). June 3, 1916, ch. 134,

Sec. 90; restated June

4, 1920, ch. 227, subch.

I, Sec. 46; restated

Mar. 1, 1922, ch. 90;

restated June 6, 1924,

ch. 275, Sec. 5;

restated May 28, 1926,

ch. 417, Sec. 1; Apr.

21, 1928, ch. 397; June

19, 1935, ch. 277, Sec.

6; June 13, 1940, ch.

343 (1st proviso under

"National Guard");

restated Oct. 14, 1940,

ch. 875, Sec. 1, 54

Stat. 1134.

709(b)

709(c)

709(d)

709(e)

709(f)

32:42a (less 28 words

before 1st proviso).

32:42 (2d par., and last

sentence of 4th par.).

32:42 (3d par.).

32:42 (4th par., less

last sentence).

32:42 (last par., less

proviso).

32:42a (28 words before

1st proviso).

32:42 (proviso of last

par.).

June 25, 1938, ch. 688,

52 Stat. 1173.

--------------------------------------------------------------------

In subsection (a), the words "may be spent" are substituted for

the words "shall be available". The reference to animals for

military purposes and forage, bedding, and other supplies and

services for them, is omitted as obsolete, since animals are not

now authorized for the National Guard. The word "persons" is

substituted for the word "help". The words "Army National Guard"

and "Air National Guard" are substituted for the words

"organizations of all kinds". The words "the support of" are

omitted as surplusage. The words "A caretaker employed under this

subsection" are substituted for the words "Moneys hereafter

appropriated under the provisions of this title for compensation of

help for care of material, animals, armament, and equipment, in the

hands of the National Guard of the several States, Territories, and

the District of Columbia shall be available for the hire of

caretakers". The words "and other duties that do not interfere with

the performance of his duties as caretaker" are substituted for

32:42a (1st proviso). 32:42a (2d and 3d provisos) is omitted as

executed.

In subsection (b), the words "However, if a unit has more than

one caretaker" are substituted for the words "but if there are as

many as two caretakers in any unit". The words "under this

section", in the first sentence of the revised subsection, are

inserted for clarity. The words "under this section", in the second

sentence of the revised subsection, are substituted for the words

"paid to caretakers who belong to the National Guard, as herein

authorized". The words "under any of the provisions of this title"

are omitted as surplusage.

In subsection (c), the words "or organizations thereof" are

omitted as surplusage.

In subsection (d), the words "one commissioned officer * * * in a

grade below major * * * for each pool set up under subsection (c)

and for each squadron of the Air National Guard" are substituted

for the words "one such officer not above the grade of captain for

each heavier-than-air squadron; and one such officer not above the

grade of captain for each pool".

In subsection (e), the words "Funds appropriated by Congress" are

substituted for the words "Funds hereafter appropriated under the

provisions of this title for the support of", in 32:42, and "such

moneys", in 32:42a. The words "are in addition to" are substituted

for the words "shall be supplemental to", in 32:42, and "may be

used as supplemental to", in 32:42a.

In subsection (f), the words "authorized to be employed under

this section" are substituted for the words "authorized to be

employed". The words "person to employ them" are substituted for

the words "by whom they shall be employed". The words "by

regulations" are omitted, since the Secretary has inherent

authority to issue regulations appropriate to exercising his

statutory functions.

AMENDMENTS

1999 - Pub. L. 106-65 amended section catchline and text

generally, revising and restating provisions relating to

employment, use, and status of technicians.

1997 - Subsec. (b). Pub. L. 105-85 substituted "A technician" for

"Except as prescribed by the Secretary concerned, a technician".

1996 - Subsec. (b). Pub. L. 104-106 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Except

as prescribed by the Secretary concerned, a technician employed

under subsection (a) shall, while so employed, be a member of the

National Guard and hold the military grade specified by the

Secretary concerned for that position."

1994 - Subsec. (e)(6). Pub. L. 103-337, Sec. 1070(d)(5)(A),

substituted "30 days before" for "thirty days prior to".

Pub. L. 103-337, Sec. 1070(b)(2), made technical correction to

directory language of Pub. L. 103-160, Sec. 524(c). See 1993

Amendment note below.

Subsec. (g)(2). Pub. L. 103-337, Sec. 1070(d)(5)(B), substituted

"paragraph (1)" for "clause (1) of this subsection".

1993 - Subsec. (e)(6). Pub. L. 103-160, Sec. 524(c), as amended

by Pub. L. 103-337, Sec. 1070(b)(2), inserted ", unless the

technician is serving under a temporary appointment, is serving in

a trial or probationary period, or has voluntarily ceased to be a

member of the National Guard when such membership is a condition of

employment," after "termination of his employment as a technician

and".

Subsec. (h). Pub. L. 103-160, Sec. 524(d), struck out subsec. (h)

which read as follows: "In no event shall the number of technicians

employed under this section at any one time exceed 53,100."

Subsec. (i). Pub. L. 103-160, Sec. 523(a), added subsec. (i).

1980 - Subsec. (f). Pub. L. 96-513, Sec. 515(5), struck out ",

United States Code," after "title 5".

Subsec. (g). Pub. L. 96-513, Sec. 515(6), substituted "6101(a) of

title 5" for "6102 of title 5, United States Code," in two places,

"5332 of title 5" for "5332 of title 5, United States Code" and

"5543 of title 5" for "5543 of title 5, United States Code,".

Subsec. (h). Pub. L. 96-513, Sec. 515(7), struck out limitation

of 49,200 technicians employed during the fiscal year beginning

July 1, 1971.

1971 - Subsec. (h). Pub. L. 92-119 increased number of

technicians employable under section from 42,500 to 53,100 with

exception that such number is fixed at 49,200 for fiscal year

beginning July 1, 1971.

1968 - Pub. L. 90-486 substituted "Technicians: employment, use,

status" for "Caretakers and clerks" in section catchline.

Subsec. (a). Pub. L. 90-486 substituted provisions that persons

may be employed as technicians in administration and training of

National Guard and maintenance and repair of supplies issued to

National Guard or armed forces for provisions that authorized the

Secretaries of the Army and the Air Force to hire, out of funds

allotted to them for the Army National Guard and the Air National

Guard, respectively competent persons to care for material,

armament, and equipment of the Army National Guard and Air National

Guard, and provisions that a caretaker so employed may also perform

clerical duties incidental to his employment and other duties that

do not interfere with performance of his duties as caretaker.

Subsec. (b). Pub. L. 90-486 substituted provisions requiring,

except as prescribed by the Secretary concerned, any technician

employed to be a member of the National Guard and hold the military

grade specified by the Secretary concerned for that position for

provisions permitting civilians as well as enlisted men to be

employed as caretakers, provided that if a unit has more than one

caretaker, one of them must be an enlisted member, and provisions

that any compensation under this section is in addition to

compensation otherwise provided for a member of the National Guard.

Subsec. (c). Pub. L. 90-486 substituted provisions authorizing

the Secretary concerned to designate adjutants general to employ

and administer the technicians authorized by this section for

provisions authorizing the Secretary concerned to place in a common

pool for care, maintenance, and storage the material, armament, and

equipment of the Army National Guard or Air National Guard, with

proviso that not more than 15 caretakers be employed for each pool.

Subsec. (d). Pub. L. 90-486 substituted provisions that a

technician employed under subsec. (a) is an employee of the

particular department concerned, and an employee of the United

States, with proviso that a position authorized by this section is

outside competitive service if technician so employed is required

under subsec. (b) to be a member of the National Guard, for

provisions that one commissioned officer of the National Guard in a

grade below major may be employed for each pool set up and for each

squadron of the Air National Guard.

Subsec. (e). Pub. L. 90-486 substituted provisions authorizing

the adjutant general of the jurisdiction concerned to separate from

technicians employment any technician for the specified grounds,

provisions requiring the technician concerned to be notified in

writing of the termination of his employment at least 30 days prior

to the termination date of such employment, and provisions granting

a limited right of appeal from such termination, for provisions

appropriating funds by Congress for the National Guard as

additional to funds appropriated by the several states and

territories, etc., and provisions making such funds available for

the hire of caretakers and clerks.

Subsec. (f). Pub. L. 90-486 substituted provisions making

inapplicable sections 2108, 3502, 7511, and 7512 of Title 5 to any

person employed under this section for provisions authorizing the

Secretary concerned to fix the salaries of clerks and caretakers

and to designate the person to employ them, and provisions

authorizing compensation to include the amounts of the employer's

contributions to retirement systems.

Subsecs. (g), (h). Pub. L. 90-486 added subsecs. (g) and (h).

1961 - Subsec. (f). Pub. L. 87-224 provided that the authorized

compensation may include employer's contributions to retirement

systems, and that such contributions shall not exceed 6 1/2 per

centum of the compensation upon which based.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-65 effective 180 days after the date of

receipt by Congress of the plan required by section 523(d) of Pub.

L. 105-85, set out as a note under section 10217 of Title 10, Armed

Forces, or a report by the Secretary of Defense providing an

alternative proposal to the plan required by section 523(d), see

section 525 of Pub. L. 106-65, set out as a note under section

10217 of Title 10.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 1070(b) of Pub. L. 103-337 provided that the amendment

made by that section is effective as of Nov. 30, 1993, and as if

included in the National Defense Authorization Act for Fiscal Year

1994, Pub. L. 103-160, as enacted.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 11 of Pub. L. 90-486 provided that: "This Act [see Short

Title note below] becomes effective January 1, 1969, except that no

deductions or withholding from salary which result therefrom shall

commence before the first day of the first pay period that begins

on or after January 1, 1969."

SHORT TITLE

Section 1 of Pub. L. 90-486 provided: "That this Act [amending

this section and section 715 of this title, sections 2105, 8332,

8334, and 8339 of Title 5, Government Organization and Employees,

sections 3848, 3851, 8848, and 8851 of Title 10, Armed Forces, and

section 418 of Title 42, The Public Health and Welfare, and

enacting provisions set out as notes under this section] may be

cited as the 'National Guard Technicians Act of 1968'."

MILITARY EDUCATION FOR ARMY NATIONAL GUARD CIVILIAN TECHNICIANS

Pub. L. 101-189, div. A, title V, Sec. 506(a)-(c), Nov. 29, 1989,

103 Stat. 1438, 1439, which related to attendance by civilian

technicians of Army National Guard in Battle Skills Course and

military promotions, courses and training meeting requirements of

reserve component noncommissioned officers education program, and

submission by Secretary of the Army to committees of Congress of a

plan to use State and National Guard Bureau regional academies to

provide portion of Reserve Component Noncommissioned Officers

Education System specifically related to military occupational

specialties, was repealed by Pub. L. 103-160, div. A, title V, Sec.

523(b)(2), Nov. 30, 1993, 107 Stat. 1656.

Pub. L. 100-456, div. A, title V, Sec. 523, Sept. 29, 1988, 102

Stat. 1974, as amended by Pub. L. 101-189, div. A, title V, Sec.

506(d), Nov. 29, 1989, 103 Stat. 1439; Pub. L. 101-510, div. A,

title XIV, Sec. 1484(l)(2), Nov. 5, 1990, 104 Stat. 1719, which

related to training of civilian technicians of Army National Guard

at National Guard schools, was repealed by Pub. L. 103-160, div. A,

title V, Sec. 523(b)(1), Nov. 30, 1993, 107 Stat. 1656.

[Pub. L. 103-160, div. A, title V, Sec. 523(c), Nov. 30, 1993,

107 Stat. 1656, provided that: "A civilian technician of the Army

National Guard serving in an active status on the date of the

enactment of this Act [Nov. 30, 1993] who under the provisions of

law repealed by subsection (b) [repealing section 523 of Pub. L.

100-456 and section 506(a)-(c) of Pub. L. 101-189, formerly set out

as notes above] (or under other Department of the Army policy in

effect on the day before such date of enactment) was granted credit

on the technician's military record for the completion of certain

education and training courses shall retain such credit,

notwithstanding the provisions of subsections (a) [amending this

section] and (b), for a period determined by the Secretary of the

Army. Such a period may not terminate, in the case of any such

civilian technician, before the effective date of such civilian

technician's next mililitary [sic] promotion."]

RETIREMENT CREDIT FOR CERTAIN FORMER NATIONAL GUARD TECHNICIANS

Pub. L. 99-661, div. A, title VI, Sec. 654, Nov. 14, 1986, 100

Stat. 3890, provided that:

"(a) Civil Service Retirement Credit. - A period of service

performed under section 709 of title 32, United States Code (or

under a prior corresponding provision of law), before January 1,

1969, which would not otherwise be creditable under subchapter III

of chapter 83 of title 5, United States Code, because of the

antepenultimate sentence of section 8332(b) of such title, shall be

considered creditable service under such subchapter,

notwithstanding such sentence, in the case of an individual

described in subsection (b).

"(b) Covered Individuals. - Subsection (a) applies in the case of

an individual who -

"(1) before the end of the 14-month period beginning on the

date of the enactment of this Act [Nov. 14, 1986], files

appropriate written application with the Office of Personnel

Management in accordance with regulations under subsection (c);

"(2) at the time of filing application under paragraph (1), is

employed by the United States and is subject to subchapter III of

chapter 83 of title 5, United States Code (other than under

section 8344 of such title); and

"(3) before the date of the separation on which entitlement to

an annuity under subchapter III of chapter 83 of title 5, United

States Code, is based, makes an appropriate deposit under section

8334(c) of such title with respect to the period of service

involved, based on the percentage of basic pay for such service

which would be required under such section if such service had

been performed as an employee under such subchapter.

"(c) Regulations. - The Office of Personnel Management shall

prescribe regulations to carry out subsection (a). Such regulations

shall be prescribed not later than 60 days after the date of the

enactment of this Act [Nov. 14, 1986]."

SAVINGS PROVISION FOR ACCRUED CLAIMS; CONVERSION TO FEDERAL

EMPLOYEE STATUS; CREDIT FOR PAST SERVICE; LEAVE CREDIT

Section 3 of Pub. L. 90-486, as amended by Pub. L. 101-530, Sec.

2, Nov. 6, 1990, 104 Stat. 2338, provided that:

"(a) A claim accrued under section 715 of title 32, United States

Code, before the effective date of this Act [see effective date

note above] by reason of the act or omission of a person employed

under section 709 of title 32, United States Code, may, if

otherwise allowable, be settled and paid under section 715 of title

32, United States Code.

"(b) Except as provided in this Act and in the amendments made by

this Act [see Short Title note above] and notwithstanding any law,

rule, regulation, or decision to the contrary, the positions of

persons employed under section 709 of title 32, United States Code,

existing on the day before the effective date of this Act, and the

persons holding those positions on that day, shall, on and after

that effective date, be considered to be positions in and employees

of the Department of the Army or the Department of the Air Force,

as the case may be, and employees of the United States to the same

extent as other positions in and employees of the Department of the

Army or the Department of the Air Force. Such positions shall be

outside the competitive service, if, as a condition of employment,

the persons employed therein were, on the day before the effective

date of this Act, required to be members of the Army National Guard

or the Air National Guard.

"(c) All service under section 709 of title 32, United States

Code, or prior corresponding provision of law, performed before the

effective date of this Act shall be included and credited in the

determination of length of service for the purposes of leave,

Federal employees death and disability compensation, group life and

health insurance, severance pay, tenure, and status.

"(d) Annual leave and sick leave to which a technician was

entitled on the day before the conversion of his position, as

provided in subsection (b) of this section, shall be credited to

him in his new position."

[Pub. L. 101-530, Sec. 3(b), Nov. 6, 1990, 104 Stat. 2339,

provided that:

["(1) General rule. - Except as provided in paragraph (2), the

amendment made by section 2 [amending section 3 of Pub. L. 90-486,

set out above] applies only with respect to an individual

performing service as an officer or employee of the Government on

or after the date of enactment of this Act [Nov. 6, 1990] and only

to determine -

["(A) any annual leave accruing under section 6303 of title 5,

United States Code, to the individual on or after such date; and

["(B) the individual's length of service for the purposes of

entitlement to Federal employee death and disability

compensation, group life insurance and health benefits, severance

pay, tenure, and status.

["(2) Exception. -

["(A) Rule for individuals separating after december 31, 1968,

and before the enactment of this act. - The amendment made by

section 2 of this Act applies with respect to any individual who

separated from Government employment after December 31, 1968, and

before the date of the enactment of this Act [Nov. 6, 1990], for

the purpose of determining whether such individual satisfies the

length of service requirement under section 8901(3)(A) of title

5, United States Code (relating to the definition of the term

'annuitant', as in effect at the time of such individual's

separation) for the purposes of chapter 89 of such title.

["(B) Conditions for enrolling in a health benefits plan. - Any

individual who satisfies the length of service requirement

referred to in subparagraph (A) as a result of the application of

the amendment made by section 2 shall be enrolled in a health

benefits plan (described in section 8903 of such title) of such

individual's choice, if -

["(i) application for enrollment is received by the Office of

Personnel Management within one year after the date of the

enactment of this Act; and

["(ii) such individual would have qualified under section

8905(b)(1) of such title at the time of such individual's

separation."]

PERSONS EMPLOYED PRIOR TO JANUARY 1, 1969, WHOSE EMPLOYMENT WAS

COVERED BY CIVIL SERVICE RETIREMENT PROVISIONS

Section 5(d) of Pub. L. 90-486 provided that: "Clause (4) of

subsection (a) of this section [amending section 8332(b) of Title

5, Government Organization and Employees] and subsections (b) and

(c) of this section [amending section 8334(c) and adding section

8339(l) of title 5] do not apply to any person employed prior to

the effective date of this Act [see Effective Date note above]

under section 709 of title 32, United States Code, whose employment

under that section was covered by subchapter III of chapter 83 of

title 5, United States Code."

ELECTION TO REMAIN UNDER STATE RETIREMENT SYSTEM; REEMPLOYED

TECHNICIANS; CONTINUATION OF FEDERAL CONTRIBUTIONS

Section 6 of Pub. L. 90-486, as amended by Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(a) Notwithstanding section 709(d) of title 32, United States

Code, a person who, on the date of enactment of this Act [Aug. 13,

1968], is employed under section 709 of title 32, United States

Code, and is covered by an employee retirement system of, or plan

sponsored by, a State or the Commonwealth of Puerto Rico, may

elect, not later than the effective date of this Act [see Effective

Date note above], not to be covered by subchapter III of chapter 83

of title 5, United States Code, and with the consent of the State

concerned or Commonwealth of Puerto Rico, to remain covered by the

employee retirement system of, or plan sponsored by, that State or

the Commonwealth of Puerto Rico. Unless such an election, together

with a statement of approval by the State concerned or the

Commonwealth of Puerto Rico, is filed with the Secretary of the

Army or the Secretary of the Air Force, as appropriate, on or

before the effective date of this Act, the person concerned is

covered by subchapter III of chapter 83 of title 5, United States

Code, as of that date.

"(b) A member of the National Guard of a State or the

Commonwealth of Puerto Rico who was employed as a technician under

section 709 of title 32, United States Code, or prior corresponding

provision of law, who -

"(1) was involuntarily ordered to active duty after January 1,

1968, from that employment and has not been released from that

duty prior to the effective date of this Act [see Effective Date

note above]; or

"(2) is on active duty under section 265 [see 10211], 3015,

3033, 3496 [see 12402], 8033 or 8496 [see 12402] of title 10,

United States Code, on the effective date of this Act;

and was covered by a retirement system or plan of a State or the

Commonwealth of Puerto Rico, may, if he is reemployed within sixty

days under section 709 of title 32, United States Code, make the

election described in subsection (a) of this section, within thirty

days following the date of his reemployment.

"(c) In the case of any person who files a valid election under

this section to remain covered by an employee retirement system of,

or plan sponsored by, a State or the Commonwealth of Puerto Rico,

the United States may pay the amount of the employer's

contributions to that system or plan that become due for periods

beginning on or after the effective date of this Act [see Effective

Date note above]. However, the payment by the United States,

including any contribution that may be made by the United States

toward the employer's tax imposed by section 3111 of the Internal

Revenue Code of 1986 [formerly I.R.C. 1954], as amended (26 U.S.C.

3111), may not exceed the amount which the employing agency would

otherwise contribute on behalf of the person to the Civil Service

Retirement and Disability Fund under section 8334(a) of title 5,

United States Code. Notwithstanding section 8332(b) of title 5,

United States Code, as amended by section 5 of this Act, the

service under section 709 of title 32, United States Code, or prior

corresponding provision of law, of a person who has made an

election to remain covered by the employee retirement system of, or

plan sponsored by, a State or the Commonwealth of Puerto Rico,

shall not be creditable toward eligibility for or amount of annuity

under subchapter III of chapter 83 of title 5, United States Code.

A person who retires pursuant to his valid election shall not be

eligible for any rights, benefits, or privileges to which retired

civilian employees of the United States may be entitled."

COMPENSATION RATES; CONVERSION AND ADJUSTMENT OF COMPENSATION TO

THE GENERAL SCHEDULE

Section 8 of Pub. L. 90-486 provided that:

"(a) Except as provided in section 709(g) of title 32, United

States Code, the Secretary concerned shall fix the rate of basic

compensation of positions existing on the date of enactment of this

Act [Aug. 13, 1968] in accordance with the General Schedule set

forth in section 5332, or under the appropriate prevailing rate

schedule in accordance with section 5341 of title 5, United States

Code, as applicable. In fixing such rate -

"(1) If the technician is receiving a rate of basic

compensation which is less than the minimum rate of the

appropriate grade of the General Schedule, or which is less than

the minimum rate of the appropriate grade or compensation level

of the appropriate prevailing rate schedule, as applicable, in

which his position is placed, his basic compensation shall be

increased to that minimum rate.

"(2) If the technician is receiving a rate of basic

compensation which is equal to a rate of the appropriate grade of

the General Schedule, or which is equal to a rate of the

appropriate grade or compensation level under the appropriate

prevailing rate schedule, as applicable, in which his position is

placed, he shall receive basic compensation at that rate of the

General Schedule, or at that rate under the prevailing rate

schedule, as applicable.

"(3) If the technician is receiving a rate of basic

compensation which is between two rates of the appropriate grade

of the General Schedule, or which is between two rates of the

appropriate grade or compensation level under the appropriate

prevailing rate schedule, as applicable, in which his position is

placed, he shall receive basic compensation at the higher of

those two rates under the General Schedule or appropriate

prevailing rate schedule, as applicable.

"(4) If the technician is receiving a rate of basic

compensation which is in excess of the maximum rate of the

appropriate grade of the General Schedule, or which is in excess

of the maximum rate of the appropriate grade or compensation

level of the appropriate prevailing rate schedule, as applicable,

in which his position is placed, he shall continue to receive

basic compensation without change in rate until -

"(A) he leaves that position, or

"(B) he is entitled to receive basic compensation at a higher

rate,

but, when any such position becomes vacant, the rate of basic

compensation of any subsequent appointee thereto shall be fixed

in the manner provided by applicable law and regulation.

"(b) The conversion of positions and employees to appropriate

grades of the General Schedule set forth in section 5332 of title

5, United States Code, and the initial adjustment of rates of basic

compensation of those positions and technicians, provided for by

this Act [see Short Title note above], shall not be considered to

be transfers or promotions within the meaning of section 5334(b) of

title 5, United States Code, and the regulations issued thereunder.

"(c) Each technician on the effective date of this Act [see

Effective Date note above], whose position is converted to the

General Schedule set forth in section 5332 of title 5, United

States Code, or to the appropriate prevailing rate schedule, as

applicable, who prior to the initial adjustment of his rate of

basic compensation under subsection (a) of this section, has

earned, but has not been credited with, an increase in that rate,

shall be granted credit for such increase before his rate of basic

compensation is initially adjusted under that subsection.

"(d) Each technician on the effective date of this Act whose

position is converted to the General Schedule set forth in section

5332 of title 5, United States Code, or to the appropriate

prevailing rate schedule, as applicable, shall be granted credit,

for purposes of his first step increase under the General Schedule

or prevailing rate schedule, for all satisfactory service performed

by him since his last increase in compensation prior to the initial

adjustment of his rate of basic compensation under subsection (a)

of this section.

"(e) An increase in rate of basic compensation by reason of the

enactment of subsection (a) of this section shall not be considered

to be an equivalent increase with respect to step increases for

technicians whose positions are converted to the General Schedule

set forth in section 5332 of title 5, United States Code, or the

appropriate prevailing rate schedule under authority of this

section."

REGULATIONS: APPROVAL BY SECRETARY OF DEFENSE; UNIFORMITY

Section 10 of Pub. L. 90-486 provided that: "Regulations

prescribed by the Secretary of the Army and Secretary of the Air

Force under this Act [see Short Title note above] shall be approved

by the Secretary of Defense and shall, so far as practicable, be

uniform."

NUMBER OF CARETAKERS FOR AIR NATIONAL GUARD

Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided

that the number of caretakers authorized to be employed under this

section may be such as is deemed necessary by the Secretary of the

Air Force and that they may be employed without regard to their

military rank as members of the Air National Guard.

Similar provisions were contained in the following prior acts:

Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236.

Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 985.

Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 868.

Aug. 19, 1964, Pub. L. 88-466, title II, 78 Stat. 469.

Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 259.

Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 323.

Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 370.

July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 344.

Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 372.

Aug. 22, 1958, Pub. L. 85-724, title V, 72 Stat. 723.

Aug. 2, 1957, Pub. L. 85-117, title V, 71 Stat. 322.

July 2, 1956, ch. 488, title V, 70 Stat. 466.

July 13, 1955, ch. 358, title V, 69 Stat. 313.

June 30, 1954, ch. 432, title VI, 68 Stat. 349.

Aug. 1, 1953, ch. 305, title V, 67 Stat. 349.

July 10, 1952, ch. 630, title V, 66 Stat. 530.

Oct. 18, 1951, ch. 512, title V, 65 Stat. 444.

Sept. 6, 1950, ch. 896, Ch. X, title V, 64 Stat. 751.

Oct. 29, 1949, ch. 787, title V, 63 Stat. 1017.

NUMBER OF CARETAKERS FOR ARMY NATIONAL GUARD

Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided

that the number of caretakers authorized to be employed under this

section and those necessary to provide reimbursable services for

the military departments, may be such as is deemed necessary by the

Secretary of the Army.

Similar provisions were contained in the following prior acts:

Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236.

Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 984.

Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 867.

Aug. 19, 1964, Pub. L. 88-446, title II, 78 Stat. 469.

Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 258.

Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 322.

Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 369.

July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 343.

Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 371.

Aug. 22, 1958, Pub. L. 85-724, title III, 72 Stat. 715.

Aug. 2, 1957, Pub. L. 85-117, title III, 71 Stat. 315.

July 2, 1956, ch. 488, title III, 70 Stat. 458.

July 13, 1955, ch. 358, title III, 69 Stat. 305.

June 30, 1954, ch. 432, title IV, 68 Stat. 340.

Aug. 1, 1953, ch. 305, title III, 67 Stat. 340.

July 10, 1952, ch. 630, title III, 66 Stat. 522.

Oct. 18, 1951, ch. 512, title III, 65 Stat. 435.

Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 740.

Oct. 29, 1949, ch. 787, title III, 63 Stat. 1000.

June 24, 1948, ch. 632, 62 Stat. 662.

July 30, 1947, ch. 357, title I, 61 Stat. 564.

July 16, 1946, ch. 583, 60 Stat. 556.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715 of this title; title 5

sections 2105, 8332, 8337; title 10 sections 10216, 10217, 10503;

title 37 sections 417, 418; title 38 sections 4303, 4314; title 42

section 418.

-End-

-CITE-

32 USC Sec. 710 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 710. Accountability for property issued to the National Guard

-STATUTE-

(a) All military property issued by the United States to the

National Guard remains the property of the United States.

(b) The Secretary of the Army shall prescribe regulations for

accounting for property issued by the United States to the Army

National Guard and for the fixing of responsibility for that

property. The Secretary of the Air Force shall prescribe

regulations for accounting for property issued by the United States

to the Air National Guard and for the fixing of responsibility for

that property. So far as practicable, regulations prescribed under

this section shall be uniform among the components of each service.

(c) Under regulations prescribed by the Secretary concerned under

subsection (b), liability for the value of property issued by the

United States to the National Guard that is lost, damaged, or

destroyed may be charged (1) to a member of the Army National Guard

or the Air National Guard when in similar circumstances a member of

the Army or Air Force serving on active duty would be so charged,

or (2) to a State or Territory, Puerto Rico, or the District of

Columbia when the property is lost, damaged, or destroyed incident

to duty directed pursuant to the laws of, and in support of the

authorities of, such jurisdiction. Liability charged to a member of

the Army National Guard or the Air National Guard shall be paid out

of pay due to the member for duties performed as a member of the

National Guard, unless the Secretary concerned shall for good cause

remit or cancel that liability. Liability charged to a State or

Territory, Puerto Rico, or the District of Columbia shall be paid

from its funds or from any other non-Federal funds.

(d) If property surveyed under this section is found to be

unserviceable or unsuitable, the Secretary concerned or his

designated representative shall direct its disposition by sale or

otherwise. The proceeds of the following under this subsection

shall be deposited in the Treasury under section 4(b)(22) of the

Permanent Appropriation Repeal Act, 1934:

(1) A sale.

(2) A stoppage against a member of the National Guard.

(3) A collection from a person, or from a State or Territory,

Puerto Rico, or the District of Columbia, to reimburse the United

States for the loss or destruction of, or damage to, the

property.

(e) If a State or Territory, Puerto Rico, or the District of

Columbia, whichever is concerned, neglects or refuses to pay for

the loss or destruction of, or damage to, property charged against

it under subsection (c), the Secretary concerned may bar it from

receiving any part of appropriations for the Army National Guard or

the Air National Guard, as the case may be, until the payment is

made.

(f)(1) Instead of the procedure prescribed by subsections (b),

(c), and (d), property issued to the National Guard that becomes

unserviceable through fair wear and tear in service may, under

regulations to be prescribed by the Secretary concerned, be sold or

otherwise disposed of after an inspection, and a finding of

unserviceability because of that wear and tear, by a commissioned

officer designated by the Secretary. The State or Territory, Puerto

Rico, or the District of Columbia, whichever is concerned, is

relieved of accountability for that property.

(2) In designating an officer to conduct inspections and make

findings for purposes of paragraph (1), the Secretary concerned

shall designate -

(A) in the case of the Army National Guard, a commissioned

officer of the Regular Army or a commissioned officer of the Army

National Guard who is also a commissioned officer of the Army

National Guard of the United States; and

(B) in the case of the Air National Guard, a commissioned

officer of the Regular Air Force or a commissioned officer of the

Air National Guard who is also a commissioned officer of the Air

National Guard of the United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 615; Pub. L. 85-861, Sec.

33(c)(3), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 96-328, Sec. 1(a),

(b)(1), Aug. 8, 1980, 94 Stat. 1027; Pub. L. 96-513, title V, Sec.

515(8), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 97-258, Sec. 3(h)(2),

Sept. 13, 1982, 96 Stat. 1065; Pub. L. 100-456, div. A, title XII,

Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 103-160,

div. A, title V, Sec. 524(e), Nov. 30, 1993, 107 Stat. 1657.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

710(a) 32:47 (1st sentence). June 3, 1916, ch. 134,

Sec. 87; June 3, 1924,

ch. 244, Sec. 1;

restated Feb. 28, 1925,

ch. 371, Sec. 4;

restated Aug. 27, 1954,

ch. 1014, 68 Stat. 880.

710(b)

710(c)

710(d)

710(e)

710(f)

32:47 (2d sentence).

32:47 (3d sentence).

32:154 (last proviso of

2d par.).

32:47 (last sentence,

less proviso).

32:47 (1st proviso of

last sentence).

32:47 (last proviso of

last sentence).

June 3, 1916, ch. 134,

Sec. 110 (last proviso

of 2d par.); restated

Sept. 22, 1922, ch. 423,

Sec. 6 (last proviso of

2d par.); restated Apr.

6, 1928, ch. 322 (last

proviso), 45 Stat. 408.

--------------------------------------------------------------------

In subsection (a), the words "as herein provided" are omitted as

surplusage.

In subsections (b) and (f), the word "commissioned" is inserted,

since 32:47 historically applied only to commissioned officers (see

opinion of the Judge Advocate General of the Army (JAGA 1953/4078,

6 May 1953)).

In subsection (b), the words "by use in service or from any other

cause" and "surveying" are omitted as surplusage. The words "a

survey of the circumstances thereof" are substituted for the word

"it".

In subsection (c), the first 12 words of the second sentence are

substituted for 32:47 (38th through 77th words of 2d sentence).

Clause (2) is substituted for 32:154 (last proviso of 2d par.).

In subsection (d), the last sentence is substituted for 32:47

(words between semicolon and 1st colon of last sentence).

In subsection (e), the words "charged against it under subsection

(c)" are substituted for the words "changed against such State,

Territory, or the District of Columbia by the Secretary of the Army

after survey by a disinterested officer appointed as hereinbefore

provided". The words "may bar it from receiving" are substituted

for the words "is authorized to debar such State, Territory, or the

District of Columbia from further participation in any and all".

In subsection (f), the words "Instead of the procedure prescribed

by subsections (b)-(d)" are substituted for the words "and to

constitute as to such property a discretional substitute for the

examination, report, and disposition provided for elsewhere in this

section". The words "a finding of unserviceability because of that

wear and tear" are substituted for the words "finding to that

effect".

1958 ACT

This change corrects a typographical error.

-REFTEXT-

REFERENCES IN TEXT

Section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934,

referred to in subsec. (d), is section 4(b)(22) of act June 26,

1934, ch. 756, 48 Stat. 1228, which was classified to section

725c(b)(22) of former Title 31, and was omitted from the Code in

the general revision and reenactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.

-MISC2-

AMENDMENTS

1993 - Subsec. (f). Pub. L. 103-160 designated existing

provisions as par. (1), substituted "subsections (b), (c), and (d)"

for "subsections (b)-(d)", struck out "of the Regular Army or the

Regular Air Force, as the case may be," after "commissioned

officer", and added par. (2).

1988 - Subsecs. (c), (d)(3), (e), (f). Pub. L. 100-456 struck out

"the Canal Zone," after "Puerto Rico,".

1982 - Subsec. (d). Pub. L. 97-258 struck out "(31 U.S.C.

725c(b)(22))" after "1934".

1980 - Pub. L. 96-328, Sec. 1(b)(1), substituted "Accountability

for property issued to the National Guard" for "Reports of survey"

in section catchline.

Subsec. (b). Pub. L. 96-328, Sec. 1(a), substituted provisions

authorizing the Secretary of the Army, regarding the Army National

Guard, and the Secretary of the Air Force, regarding the Air

National Guard, to prescribe regulations for accounting for

property issued by the United States to each service and for fixing

responsibility for that property and requiring, as far as

practicable, that the regulations prescribed be uniform among the

components of each service for provisions authorizing, that if

property issued to the National Guard is lost, damaged, or

destroyed, or becomes unserviceable or unsuitable, a survey of the

circumstances involved be conducted by a disinterested commissioned

officer of the Regular Army, Army National Guard, Regular Air

Force, or Air National Guard, as the case may be, and a report of

the survey sent to the Secretary concerned or an officer designated

by that Secretary to receive those reports.

Subsec. (c). Pub. L. 96-328, Sec. 1(a), substituted provisions

authorizing the Secretary concerned to charge liability for

property lost, damaged, or destroyed to a member of the Army

National Guard or Air National Guard when in similar circumstances

a member of the Army or Air Force serving on active duty would be

charged, to remit or cancel the liability of a member for good

cause, and to charge a State or Territory, Puerto Rico, the Canal

Zone, or the District of Columbia when such loss is incident to

duty directed pursuant to the laws of, and in support of the

authorities of, such jurisdiction for provisions authorizing the

Secretary concerned to relieve a State or Territory, Puerto Rico,

the Canal Zone, or the District of Columbia of liability for loss,

damage, or destruction of property unless such loss occurred

through negligence.

Subsec. (d). Pub. L. 96-513 substituted "4(b)(22) of the

Permanent Appropriation Repeal Act, 1934 (31 U.S.C. 725c(b)(22))"

for "725c(b)(22) of title 31".

1958 - Subsec. (c). Pub. L. 85-861 substituted "of further" for

"or further".

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

Section 2 of Pub. L. 96-328 provided that: "The amendment made by

subsection (a) of the first section of this Act [amending subsecs.

(b) and (c) of this section] shall apply to liability for property

issued by the United States to the National Guard that is lost,

damaged, or destroyed on or after October 1, 1980. Liability for

such property that is lost, damaged, or destroyed before such date

shall be governed by the provisions of section 710 of title 32,

United States Code, as in effect on the day before the date of the

enactment of this Act [Aug. 8, 1980]."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 509 of this title.

-End-

-CITE-

32 USC Sec. 711 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 711. Disposition of obsolete or condemned property

-STATUTE-

Each State and Territory, Puerto Rico, and the District of

Columbia shall, upon receiving new property issued to its National

Guard to replace obsolete or condemned issues of property, return

the replaced property to the Department of the Army or the

Department of the Air Force, as the case may be, or otherwise

dispose of it, as the Secretary concerned directs. No money credit

may be allowed for property disposed of under this section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 616; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

711 32:46. June 3, 1916, ch. 134,

Sec. 85, 39 Stat. 204.

--------------------------------------------------------------------

The words "to its National Guard" are inserted for clarity. The

word "it" is substituted for the words "all property so replaced or

condemned". The last sentence is substituted for 32:46 (last 8

words).

AMENDMENTS

1988 - Pub. L. 100-456 struck out "the Canal Zone," after "Puerto

Rico,".

-End-

-CITE-

32 USC Sec. 712 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 712. Disposition of proceeds of condemned stores issued to

National Guard

-STATUTE-

The following shall be covered into the Treasury:

(1) The proceeds from sales of condemned stores issued to the

National Guard of a State or Territory, Puerto Rico, or the

District of Columbia, and not charged against its allotment.

(2) The net proceeds from collections made from any person to

reimburse the United States for the loss or destruction of, or

damage to, property described in clause (1).

(3) Stoppage against members of the National Guard for the loss

or destruction of, or damage to, property described in clause

(1).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 616; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

712 32:45. June 3, 1916, ch. 134,

Sec. 88, 39 Stat. 205;

Oct. 31, 1951, ch. 654,

Sec. 3(5), 65 Stat. 708.

--------------------------------------------------------------------

The introductory clause is substituted for the words "shall be

covered into the Treasury of the United States" and "as shall

also". The words "United States" are substituted for the word

"Government". The words "members of the National Guard" are

substituted for the words "officers and enlisted men".

AMENDMENTS

1988 - Par. (1). Pub. L. 100-456 struck out "the Canal Zone,"

after "Puerto Rico,".

-End-

-CITE-

32 USC Sec. 713 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 713. Official mail: free transmission

-STATUTE-

Units and headquarters of the National Guard, whether or not in

Federal service, have the same privilege of free mailing of

official matter as the Department of Defense.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 617.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

713 32:196. Aug. 1, 1953, ch. 305,

Sec. 643, 67 Stat. 357.

--------------------------------------------------------------------

The word "Hereafter" is omitted as executed. The words "and the

Air National Guard" are omitted, since "National Guard", as defined

in section 101(2) of this title, includes the Army National Guard

and the Air National Guard. The words "Federal service" are

substituted for the words "active service of the United States".

The words "mailing of official matter" are substituted for the

words "transmission of official mail matter".

-End-

-CITE-

32 USC Sec. 714 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 714. Final settlement of accounts: deceased members

-STATUTE-

(a) In the settlement of the accounts of a member of the National

Guard who dies after December 31, 1955, an amount due from the

armed force of which he was a member shall be paid to the person

highest on the following list living on the date of death:

(1) Beneficiary designated by him in writing to receive such an

amount, if the designation is received, before the deceased

member's death, at the place named in regulations to be

prescribed by the Secretary concerned.

(2) Surviving spouse.

(3) Children and their descendants, by representation.

(4) Father and mother in equal parts or, if either is dead, the

survivor.

(5) Legal representative.

(6) Person entitled under the law of the domicile of the

deceased member.

(b) Designations and changes of designation of beneficiaries

under subsection (a)(1) are subject to regulations to be prescribed

by the Secretary concerned. So far as practicable, these

regulations shall be uniform with those prescribed for the armed

forces under section 2771(b) of title 10.

(c) Under such regulations as the Secretary concerned may

prescribe, payments under subsection (a) shall be made by the

Department of the Army or the Department of the Air Force, as the

case may be.

(d) A payment under this section bars recovery by any other

person of the amount paid.

-SOURCE-

(Added Pub. L. 85-861, Sec. 2(12), Sept. 2, 1958, 72 Stat. 1546;

amended Pub. L. 87-46, June 16, 1961, 75 Stat. 92; Pub. L. 104-316,

title II, Sec. 202(q), Oct. 19, 1996, 110 Stat. 3844.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

714(a) 37:361. July 12, 1955, ch. 328,

Secs. 1-3, 4 (less

proviso), 5 (1st

sentence), 69 Stat. 295,

296.

714(b)

714(c)

37:362.

37:365.

37:364 (less proviso).

37:363 (less last

sentence).

714(d) 37:363 (last sentence).

--------------------------------------------------------------------

In subsection (a), the definition of the term "Department", in

37:361, is omitted as unnecessary, since the particular departments

referred to are spelled out in the revised text. The definition of

the term "uniformed services", in 37:361, is omitted as covered by

the word "member" in this revised section. Clauses (1)-(6) are

substituted for the last 5 clauses of 37:362. The words

"regulations to be prescribed by the Secretary concerned" are

substituted for the words "regulations of the Department

concerned", since the "Department", as such, cannot issue

regulations.

In subsection (a)(2), the words "Surviving spouse" are

substituted for the words "widow or widower". As defined in section

101(18) of this title, "spouse" includes a widower.

In subsection (b), the words "are subject to" are substituted for

the words "shall be made under".

In subsection (c), the word "Under" is substituted for the words

"Subject to". The words "rules and" are omitted as surplusage.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-316, in first sentence,

substituted "Secretary concerned" for "Comptroller General" and

struck out at end "Payment under clause (6) of subsection (a) shall

be made -

"(1) upon settlement by the General Accounting Office; or

"(2) as otherwise authorized by the Comptroller General."

1961 - Subsec. (c). Pub. L. 87-46 substituted "Payment under

clause (6) of subsection (a) shall be made -

"(1) upon settlement by the General Accounting Office; or

"(2) as otherwise authorized by the Comptroller General."

for "Payments under clauses (2)-(6) of subsection (a) may be paid

only after settlement by the General Accounting Office."

DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956

Designation of beneficiary made before Jan. 1, 1956, considered

as the designation of a beneficiary for the purposes of this

section, see note set out under section 2771 of Title 10, Armed

Forces.

-End-

-CITE-

32 USC Sec. 715 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 715. Property loss; personal injury or death: activities under

certain sections of this title

-STATUTE-

(a) Under such regulations as the Secretary of the Army or

Secretary of the Air Force may prescribe, he or, subject to appeal

to him, the Judge Advocate General of the armed force under his

jurisdiction, if designated by him, may settle and pay in an amount

not more than $100,000 a claim against the United States for -

(1) damage to, or loss of, real property, including damage or

loss incident to use and occupancy;

(2) damage to, or loss of, personal property, including

property bailed to the United States or the National Guard and

including registered or insured mail damaged, lost, or destroyed

by a criminal act while in the possession of the National Guard;

or

(3) personal injury or death; either caused by a member of the

Army National Guard or the Air National Guard, as the case may

be, while engaged in training or duty under section 316, 502,

503, 504, or 505 of this title or any other provision of law for

which he is entitled to pay under section 206 of title 37, or for

which he has waived that pay, and acting within the scope of his

employment; or otherwise incident to noncombat activities of the

Army National Guard or the Air National Guard, as the case may

be, under one of those sections.

(b) A claim may be allowed under subsection (a) only if -

(1) it is presented in writing within two years after it

accrues, except that if the claim accrues in time of war or armed

conflict or if such a war or armed conflict intervenes within two

years after it accrues, and if good cause is shown, the claim may

be presented not later than two years after the war or armed

conflict is terminated;

(2) it is not covered by section 2734 of title 10 or section

2672 of title 28;

(3) it is not for personal injury or death of such a member or

a person employed under section 709 of this title, whose injury

or death is incident to his service;

(4) the damage to, or loss of, property, or the personal injury

or death, was not caused wholly or partly by a negligent or

wrongful act of the claimant, his agent, or his employee, or, if

so caused, allowed only to the extent that the law of the place

where the act or omission complained of occurred would permit

recovery from a private individual under like circumstances; and

(5) it is substantiated as prescribed in regulations of the

Secretary concerned.

For the purposes of clause (1), the dates of the beginning and end

of an armed conflict are the dates established by concurrent

resolution of Congress or by a determination of the President.

(c) Payment may not be made under this section for reimbursement

for medical, hospital, or burial services furnished at the expense

of the United States or of any State or the District of Columbia or

Puerto Rico.

(d) If the Secretary concerned considers that a claim in excess

of $100,000 is meritorious, and the claim otherwise is payable

under this section, the Secretary may pay the claimant $100,000 and

report any meritorious amount in excess of $100,000 to the

Secretary of the Treasury for payment under section 1304 of title

31.

(e) Except as provided in subsection (d), no claim may be paid

under this section unless the amount tendered is accepted by the

claimant in full satisfaction.

(f) Under regulations prescribed by the Secretary concerned, an

officer or employee under the jurisdiction of the Secretary may

settle a claim that otherwise would be payable under this section

in an amount not to exceed $25,000. A decision of the officer or

employee who makes a final settlement decision under this section

may be appealed by the claimant to the Secretary concerned or an

officer or employee designated by the Secretary for that purpose.

(g) Notwithstanding any other provision of law, the settlement of

a claim under this section is final and conclusive.

(h) In this section, "settle" means consider, ascertain, adjust,

determine, and dispose of a claim, whether by full or partial

allowance or disallowance.

-SOURCE-

(Added Pub. L. 86-740, Sec. 1(1), Sept. 13, 1960, 74 Stat. 878;

amended Pub. L. 87-649, Sec. 8(b), Sept. 7, 1962, 76 Stat. 495;

Pub. L. 90-486, Sec. 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L.

90-525, Sec. 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91-312, Sec.

3, July 8, 1970, 84 Stat. 412; Pub. L. 92-445, Sept. 29, 1972, 86

Stat. 745; Pub. L. 93-336, Sec. 3, July 8, 1974, 88 Stat. 292; Pub.

L. 98-564, Sec. 4, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 104-316,

title II, Sec. 202(r), Oct. 19, 1996, 110 Stat. 3844.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-316 substituted "Secretary of the

Treasury" for "Comptroller General".

1984 - Subsec. (a). Pub. L. 98-564, Sec. 4(1), substituted

"$100,000" for "$25,000".

Subsec. (d). Pub. L. 98-564, Sec. 4(2), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "If the

Secretary of the military department concerned considers that a

claim in excess of $25,000 is meritorious and would otherwise be

covered by this section, he may pay the claimant $25,000 and report

the excess to Congress for its consideration".

Subsec. (f). Pub. L. 98-564, Sec. 4(3), amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: "In any

case where the amount to be paid is not more than $5,000, the

authority contained in subsection (a) may be delegated to any

officer of the Army or the Air Force, as the case may be, who has

been delegated authority under section 2733(g) of title 10, to

settle similar claims, subject to appeal to the Secretary

concerned, or his designee for that purpose".

1974 - Subsecs. (a), (d). Pub. L. 93-336, Sec. 3(1), (2),

substituted "$25,000" for "$15,000".

Subsec. (f). Pub. L. 93-336, Sec. 3(3), substituted "$5,000" for

"$2,500".

1972 - Subsec. (b)(4). Pub. L. 92-445 inserted provision that

claim may be allowed to extent that law of place where act or

omission complained of occurred would permit recovery from a

private individual under similar circumstances, when damage to or

loss of property, or personal injury or death was caused wholly or

partly by a negligent or wrongful act of claimant, his agent, or

his employee.

1970 - Subsecs. (a), (d). Pub. L. 91-312 substituted "$15,000"

for "$5,000".

1968 - Subsec. (a). Pub. L. 90-486 struck out "caused by a person

employed under section 709 of this title acting within the scope of

his employment;" after "acting within the scope of his

employment;".

Subsec. (f). Pub. L. 90-525 increased limitation on amount of

settlement from $1,000 to $2,500 and provided for appeals to

Secretary concerned, or his designee, from determinations

delegating authority to settle claims to an officer of the Army or

the Air Force.

1962 - Subsec. (a)(3). Pub. L. 87-649 substituted "section 206 of

title 37" for "section 301 of title 37".

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that

no deductions or withholding from salary which result therefrom

shall commence before the first day of the first pay period that

begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90-486,

set out as a note under section 709 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as an Effective Date note preceding

section 101 of Title 37, Pay and Allowances of the Uniformed

Services.

SAVINGS PROVISION FOR CLAIMS ARISING BEFORE JANUARY 1, 1969

Settlement and payment of claims arising under this section

before January 1, 1969, see section 3(a) of Pub. L. 90-486, set out

as a note under section 709 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2736; title 31

section 1304.

-End-

-CITE-

32 USC Sec. 716 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT

-HEAD-

Sec. 716. Claims for overpayment of pay and allowances, and travel

and transportation allowances

-STATUTE-

(a) A claim of the United States against a person arising out of

an erroneous payment of any pay or allowances made before, on, or

after October 2, 1972, or arising out of an erroneous payment of

travel and transportation allowances, to or on behalf of a member

or former member of the National Guard, the collection of which

would be against equity and good conscience and not in the best

interest of the United States, may be waived in whole or in part by

-

(1) the Director of the Office of Management and Budget; or

(2) the Secretary concerned, as defined in section 101(5) of

title 37, when -

(A) the claim is in an amount aggregating not more than

$1,500; and

(B) the waiver is made in accordance with standards which the

Director of the Office of Management and Budget shall

prescribe.

(b) The Director of the Office of Management and Budget or the

Secretary concerned, as the case may be, may not exercise his

authority under this section to waive any claim -

(1) if, in his opinion, there exists, in connection with the

claim, an indication of fraud, misrepresentation, fault, or lack

of good faith on the part of the member or any other person

having an interest in obtaining a waiver of the claim; or

(2) if application for waiver is received in his office after

the expiration of three years immediately following the date on

which the erroneous payment was discovered.

(c) A person who has repaid to the United States all or part of

the amount of a claim, with respect to which a waiver is granted

under this section, is entitled, to the extent of the waiver, to

refund, by the department concerned at the time of the erroneous

payment, of the amount repaid to the United States, if he applies

to that department for that refund within two years following the

effective date of the waiver. The Secretary concerned shall pay

from current applicable appropriations that refund in accordance

with this section.

(d) In the audit and settlement of accounts of any accountable

officer or official, full credit shall be given for any amounts

with respect to which collection by the United States is waived

under this section.

(e) An erroneous payment, the collection of which is waived under

this section, is considered a valid payment for all purposes.

(f) This section does not affect any authority under any other

law to litigate, settle, compromise, or waive any claim of the

United States.

-SOURCE-

(Added Pub. L. 92-453, Sec. 2(1), Oct. 2, 1972, 86 Stat. 759;

amended Pub. L. 96-513, title V, Sec. 515(9), Dec. 12, 1980, 94

Stat. 2937; Pub. L. 99-224, Sec. 3(a), Dec. 28, 1985, 99 Stat.

1742; Pub. L. 102-190, div. A, title VI, Sec. 657(c), Dec. 5, 1991,

105 Stat. 1393; Pub. L. 104-316, title I, Sec. 116, Oct. 19, 1996,

110 Stat. 3835.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-316, Sec. 116(1)(A),

substituted "Director of the Office of Management and Budget" for

"Comptroller General".

Subsec. (a)(2). Pub. L. 104-316, Sec. 116(1)(B), inserted "and"

at end of subpar. (A), redesignated subpar. (C) as (B) and

substituted "Director of the Office of Management and Budget" for

"Comptroller General", and struck out former subpar. (B) which read

as follows: "the claim is not the subject of an exception made by

the Comptroller General in the account of any accountable officer

or official; and".

Subsec. (b). Pub. L. 104-316, Sec. 116(2), substituted "The

Director of the Office of Management and Budget" for "Comptroller

General" in introductory provisions.

1991 - Subsec. (a)(2)(A). Pub. L. 102-190 substituted "$1,500"

for "$500".

1985 - Pub. L. 99-224, Sec. 3(a)(1), substituted "and travel" for

"other than travel" in section catchline.

Subsec. (a). Pub. L. 99-224, Sec. 3(a)(2), substituted "made

before, on, or after October 2, 1972, or arising out of an

erroneous payment of travel and transportation allowances" for ",

other than travel and transportation allowances, made before or

after October 2, 1972".

Subsec. (b)(2). Pub. L. 99-224, Sec. 3(a)(3), struck out "of pay

or allowances, other than travel and transportation allowances,"

before "was discovered".

1980 - Subsec. (a). Pub. L. 96-513 substituted "October 2, 1972"

for "the effective date of this section".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-316 effective 60 days after Oct. 19,

1996, see section 101(e) of Pub. L. 104-316, set out as a note

under section 130c of Title 2, The Congress.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-224 applicable to any claim arising out

of an erroneous payment of travel and transportation allowances

made on or after Dec. 28, 1985, see section 4 of Pub. L. 99-224,

set out as a note under section 5584 of Title 5, Government

Organization and Employees.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

-End-