Public Law 83–676

That section 87 of the National Defense Act of June 3, 1916, as amended (32 U. S. C. 47), is amended to read as follows:

“Sec. 87. “disposition and replacement of damaged property, and so forth

All military property issued to the National Guard and Air National Guard as herein provided shall remain the property of the United States. Whenever any such property issued to the National Guard or Air National Guard in any State, Territory, the Commonwealth of Puerto Rico, or the District of Columbia shall have been lost, damaged, or destroyed, or become unserviceable or unsuitable by use in service or from any other cause, it shall be examined by a disinterested surveying officer of the United States Army, United States Air Force, or the National Guard or Air National Guard detailed by the appropriate Secretary, and the report of such surveying officer shall be forwarded to the appropriate Secretary or to such officer as he shall designate to receive such reports. The appropriate Secretary or his designated representative is hereby authorized to relieve the State, Territory, the Commonwealth of Puerto Rico, or the District of Columbia from further accountability and pecuniary liability for such property in any case except where it shall appear that the loss, damage, or destruction of property was due to carelessness or neglect, or that its loss, damage, or destruction could have been avoided by the exercise of reasonable care, in which case the money value of such property shall be charged to the accountable State, Territory, the Commonwealth of Puerto Rico, or District of Columbia to be paid from State, Territory, Commonwealth, or District funds, or any funds other than Federal. If the articles so surveyed are found to be unserviceable or unsuitable, the appropriate Secretary or his designated representative shall direct what disposition by sale or otherwise shall be made of them; and if sold, the proceeds of such sale, as well as stoppages against officers and enlisted men, and the net proceeds of collections made from any person or from any State, Territory, the Commonwealth of Puerto Rico or the District of Columbia to reimburse the Government for the loss, damage, or destruction of any property, shall be deposited in the Treasury of the United States: Provided, That if any State, Territory, the Commonwealth of Puerto Rico, or the District of Columbia shall neglect or refuse to pay, or to cause to be paid, the money equivalent of any loss, damage, or destruction of property charged against such State, Territory, the Commonwealth of Puerto Rico, or the District of Columbia by the appropriate Secretary after survey by a disinterested officer appointed as hereinbefore provided, the appropriate Secretary is hereby authorized to debar such State, Territory, the Commonwealth of Puerto Rico, or the District of Columbia from further participation in any and all appropriations for the National Guard or Air National Guard, as appropriate, until such payment shall have been made: Provided further, That property issued to the National Guard and Air National Guard and which has become unserviceable through fair wear and tear in service, may, after inspection thereof and finding to that effect made by an officer of the Army of the United States, Air Force of the United States, or the National Guard or Air National Guard detailed by the appropriate Secretary, be sold or otherwise disposed of, and the State, Territory, the Commonwealth of Puerto Rico, or the District of Columbia accountable shall be relieved from further accountability therefor; such inspection, and sale or other disposition, to be made under regulations prescribed by the appropriate Secretary, and to constitute as to such property a discretional substitute for the examination, report, and disposition provided for elsewhere in this section.”

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