CHAPTER 7 —SERVICE, SUPPLY, AND PROCUREMENT
Editorial Notes
Amendments
2006—
2004—
1985—
1980—
1972—
1968—
1960—
1958—
§701. Uniforms, arms, and equipment to be same as Army or Air Force
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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 701 | 32:31. | June 3, 1916, ch. 134, §82; restated June 15, 1933, ch. 87, §17, |
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".
§702. Issue of supplies
(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, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands 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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 702(a) 702(b) 702(c) 702(d) |
32:33 (less provisos). 32:33 (last proviso). 32:35. 32:33 (1st proviso). |
June 3, 1916, ch. 134, §§83, 84, |
In subsection (a), the word "supplies" is substituted for the detailed description of stores, material, and equipment, since under
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".
Editorial Notes
Amendments
2006—Subsec. (a).
1988—Subsec. (a).
Subsecs. (b) to (d).
§703. Purchases of supplies by States from Army or Air Force
(a) Subject to the approval of the Secretary of the Army, any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 703(a) 703(b) 703(c) |
32:39 (1st sentence). 32:39 (proviso of last sentence). 32:39a. 32:39 (less 1st sentence, and less proviso of last sentence). |
June 3, 1916, ch. 134, §86, |
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".
Editorial Notes
Amendments
2006—Subsecs. (a), (b).
1988—Subsecs. (a), (b).
§704. Accountability: relief from upon order to active duty
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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, of accountability for property of the United States previously issued to it for the use of that part.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 704 | 50:1121. | July 9, 1952, ch. 608, §711, |
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".
Editorial Notes
Amendments
2006—
1988—
§705. Purchase of uniforms and equipment by officers of National Guard from Army or Air Force
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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 705 | 32:156. | June 3, 1916, ch. 134, §109; restated June 4, 1920, ch. 227, subch. 1, §47; restated June 3, 1924, ch. 244, §3; restated Oct. 14, 1940, ch. 875, §3, |
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
§706. Return of arms and equipment upon relief from Federal service
So far as practicable, whenever units, organizations, or members of the National Guard are returned to their National Guard status under section 325(b) 1 of this title, arms and equipment that the Secretary concerned determines are sufficient to accomplish their peacetime mission shall be returned with them.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 706 | 50:1122(b) (last 17 words.) | July 9, 1952, ch. 608, §712(b) (last 17 words), |
The words "So far as practicable" are inserted, since sufficient arms and equipment might not be available.
Editorial Notes
References in Text
1 See References in Text note below.
§707. Use of public buildings for offices by instructors
Whenever practicable, instructors of the National Guard shall use State armories or other public buildings for offices.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 707 | 32:74. | May 12, 1917, ch. 12 (10th proviso under "National Guard"), |
The word "instructors" is substituted for the words "inspector-instructors", since there are no longer any "inspector-instructors".
§708. Property and fiscal officers
(a) The Governor of each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and the commanding general of the National Guard of the District of Columbia, shall, in consultation with the Chief of the National Guard Bureau, 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 708(a) 708(b) 708(c) 708(d) 708(e) |
32:49 (last sentence; and 2d sentence, less last 24 words). 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, 1916, ch. 134, §67 (last par.), June 3, 1924, ch. 244, §5, |
| 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 (
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.
Editorial Notes
Amendments
2019—Subsec. (a).
2006—Subsec. (a).
Subsec. (d).
1989—Subsec. (a).
1988—Subsec. (d).
1980—Subsec. (b).
1977—Subsec. (d).
Subsec. (e).
Subsecs. (f), (g).
1972—Subsec. (b)(1).
Effective Date of 1980 Amendment
Amendment by
§709. Technicians: employment, use, status
(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 organizing, administering, instructing, or training of the National Guard;
(2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and
(3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2):
(A) Support of operations or missions undertaken by the technician's unit at the request of the President or the Secretary of Defense.
(B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician's unit.
(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(i) active-duty members of the armed forces;
(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
(iii) Department of Defense contractor personnel; or
(iv) Department of Defense civilian employees.
(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
(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
(2) The total number of non-dual status technicians in the National Guard is specified in
(d) The Secretary concerned shall designate the adjutants general referred to in
(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 when the appeal concerns activity occurring while the member is in a military pay status, or concerns fitness for duty in the reserve components;
(5) with respect to an appeal concerning any activity not covered by paragraph (4), the provisions of
(6) 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)(1) Except as provided in subsection (f),
(2) In addition to the sections referred to in paragraph (1),
(h) Notwithstanding
(i) The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under
(j) In this section:
(1) The term "military pay status" means a period of service where the amount of pay payable to a technician for that service is based on rates of military pay provided for under title 37.
(2) The term "fitness for duty in the reserve components" refers only to military-unique service requirements that attend to military service generally, including service in the reserve components or service on active duty.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 709(a) 709(b) 709(c) 709(d) 709(e) 709(f) |
32:42 (1st par.). 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 3, 1916, ch. 134, §90; restated June 4, 1920, ch. 227, subch. I, §46; restated Mar. 1, 1922, ch. 90; restated June 6, 1924, ch. 275, §5; restated May 28, 1926, ch. 417, §1; Apr. 21, 1928, ch. 397; June 19, 1935, ch. 277, §6; June 13, 1940, ch. 343 (1st proviso under "National Guard"); restated Oct. 14, 1940, ch. 875, §1, |
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.
Editorial Notes
References in Text
Section 717 of the Civil Rights Act of 1991, referred to in subsec. (f)(5), probably means section 717 of the Civil Rights Act of 1964,
Amendments
2016—Subsec. (f)(4).
Subsec. (f)(5), (6).
Subsec. (g).
Subsec. (j).
2006—Subsec. (a)(1).
Subsec. (a)(3).
1999—
1997—Subsec. (b).
1996—Subsec. (b).
1994—Subsec. (e)(6).
Subsec. (g)(2).
1993—Subsec. (e)(6).
Subsec. (h).
Subsec. (i).
1980—Subsec. (f).
Subsec. (g).
Subsec. (h).
1971—Subsec. (h).
1968—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g), (h).
1961—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1994 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1968 Amendment
Short Title
Military Education for Army National Guard Civilian Technicians
[
Retirement Credit for Certain Former National Guard Technicians
"(a)
"(b)
"(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
"(3) before the date of the separation on which entitlement to an annuity under subchapter III of
"(c)
Savings Provision for Accrued Claims; Conversion to Federal Employee Status; Credit for Past Service; Leave Credit
"(a) A claim accrued under
"(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
"(c) All service under
"(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."
[
["(1)
["(A) any annual leave accruing under
["(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)
["(A)
["(B)
["(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
Election To Remain Under State Retirement System; Reemployed Technicians; Continuation of Federal Contributions
"(a) Notwithstanding
"(b) A member of the National Guard of a State or the Commonwealth of Puerto Rico who was employed as a technician under
"(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
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
"(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 (
Compensation Rates; Conversion and Adjustment of Compensation to the General Schedule
"(a) Except as provided in
"(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
"(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
"(d) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in
"(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
Regulations: Approval by Secretary of Defense; Uniformity
Number of Caretakers for Air National Guard
Similar provisions were contained in the following prior acts:
Sept. 29, 1967,
Oct. 15, 1966,
Sept. 29, 1965,
Aug. 19, 1964,
Oct. 17, 1963,
Aug. 9, 1962,
Aug. 17, 1961,
July 7, 1960,
Aug. 18, 1959,
Aug. 22, 1958,
Aug. 2, 1957,
July 2, 1956, ch. 488, title V,
July 13, 1955, ch. 358, title V,
June 30, 1954, ch. 432, title VI,
Aug. 1, 1953, ch. 305, title V,
July 10, 1952, ch. 630, title V,
Oct. 18, 1951, ch. 512, title V,
Sept. 6, 1950, ch. 896, Ch. X, title V,
Oct. 29, 1949, ch. 787, title V,
Number of Caretakers for Army National Guard
Similar provisions were contained in the following prior acts:
Sept. 29, 1967,
Oct. 15, 1966,
Sept. 29, 1965,
Aug. 19, 1964,
Oct. 17, 1963,
Aug. 9, 1962,
Aug. 17, 1961,
July 7, 1960,
Aug. 18, 1959,
Aug. 22, 1958,
Aug. 2, 1957,
July 2, 1956, ch. 488, title III,
July 13, 1955, ch. 358, title III,
June 30, 1954, ch. 432, title IV,
Aug. 1, 1953, ch. 305, title III,
July 10, 1952, ch. 630, title III,
Oct. 18, 1951, ch. 512, title III,
Sept. 6, 1950, ch. 896, Ch. X, title III,
Oct. 29, 1949, ch. 787, title III,
June 24, 1948, ch. 632,
July 30, 1947, ch. 357, title I,
July 16, 1946, ch. 583,
1 See References in Text note below.
§710. Accountability for property issued to the National Guard
(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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, to reimburse the United States for the loss or destruction of, or damage to, the property.
(e) If a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, 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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 710(a) 710(b) 710(c) 710(d) 710(e) 710(f) |
32:47 (1st sentence). 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, §87; June 3, 1924, ch. 244, §1; restated Feb. 28, 1925, ch. 371, §4; restated Aug. 27, 1954, ch. 1014, June 3, 1916, ch. 134, §110 (last proviso of 2d par.); restated Sept. 22, 1922, ch. 423, §6 (last proviso of 2d par.); restated Apr. 6, 1928, ch. 322 (last proviso), |
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.
Editorial Notes
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,
Amendments
2006—Subsecs. (c), (d)(3), (e), (f)(1).
1993—Subsec. (f).
1988—Subsecs. (c), (d)(3), (e), (f).
1982—Subsec. (d).
1980—
Subsec. (b).
Subsec. (c).
Subsec. (d).
1958—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendments
Amendment by
Effective Date of 1958 Amendment
Amendment by
§711. Disposition of obsolete or condemned property
Each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands 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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 711 | 32:46. | June 3, 1916, ch. 134, §85, |
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).
Editorial Notes
Amendments
2006—
1988—
§712. Disposition of proceeds of condemned stores issued to National Guard
The following shall be covered into the Treasury:
(1) The proceeds from sales of condemned stores issued to the National Guard of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, 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).
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 712 | 32:45. | June 3, 1916, ch. 134, §88, |
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".
Editorial Notes
Amendments
2006—Par. (1).
1988—Par. (1).
§713. Official mail: free transmission
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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 713 | 32:196. | Aug. 1, 1953, ch. 305, §643, |
The word "Hereafter" is omitted as executed. The words "and the Air National Guard" are omitted, since "National Guard", as defined in
§714. Final settlement of accounts: deceased members
(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
(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.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 714(a) 714(b) 714(c) |
37:361. 37:362. 37:365. 37:364 (less proviso). 37:363 (less last sentence). |
July 12, 1955, ch. 328, §§1–3, 4 (less proviso), 5 (1st 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
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.
Editorial Notes
Amendments
1996—Subsec. (c).
"(1) upon settlement by the General Accounting Office; or
"(2) as otherwise authorized by the Comptroller General."
1961—Subsec. (c).
"(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."
Statutory Notes and Related Subsidiaries
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
§715. Property loss; personal injury or death: activities under certain sections of this title
(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
(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
(3) it is not for personal injury or death of such a member or a person employed under
(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
(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.
(Added
Editorial Notes
Amendments
1996—Subsec. (d).
1984—Subsec. (a).
Subsec. (d).
Subsec. (f).
1974—Subsecs. (a), (d).
Subsec. (f).
1972—Subsec. (b)(4).
1970—Subsecs. (a), (d).
1968—Subsec. (a).
Subsec. (f).
1962—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
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
§716. Claims for overpayment of pay and allowances, and travel and transportation allowances
(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
(A) the claim is in an amount aggregating not more than $10,000; 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 five 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.
(Added
Editorial Notes
Amendments
2006—Subsec. (a)(2)(A).
Subsec. (b)(2).
1996—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
1991—Subsec. (a)(2)(A).
1985—
Subsec. (a).
Subsec. (b)(2).
1980—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
[§717. Repealed. Pub. L. 109–163, div. A, title V, §589(b)(2), Jan. 6, 2006, 119 Stat. 3279 ]
Section, added