Legislación
US (United States) Code. Title 32. Chapter 7: Service, supply and procurement
-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)
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701 32:31. June 3, 1916, ch. 134,
Sec. 82; restated June
15, 1933, ch. 87, Sec.
17, 48 Stat. 160.
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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)
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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).
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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
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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)
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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.
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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-
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32 USC Sec. 704 01/06/03
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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)
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704 50:1121. July 9, 1952, ch. 608,
Sec. 711, 66 Stat. 504.
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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
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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)
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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.
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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)
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706 50:1122(b) (last 17 July 9, 1952, ch. 608,
words.) Sec. 712(b) (last 17
words), 66 Stat. 504.
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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
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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
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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)
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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